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H.R. 5515: John S. McCain National Defense Authorization Act for Fiscal Year 2019

The text of the bill below is as of Aug 4, 2018 (Passed Congress).


I

One Hundred Fifteenth Congress of the United States of America

At the Second Session

H. R. 5515

AN ACT

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

1.

Short title

(a)

In general

This Act may be cited as the John S. McCain National Defense Authorization Act for Fiscal Year 2019.

(b)

References

Any reference in this or any other Act to the National Defense Authorization Act for Fiscal Year 2019 shall be deemed to be a reference to the John S. McCain National Defense Authorization Act for Fiscal Year 2019.

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. National Guard and reserve component equipment report.

Sec. 112. Deployment by the Army of an interim cruise missile defense capability.

Subtitle C—Navy Programs

Sec. 121. Procurement authority for Ford class aircraft carrier program.

Sec. 122. Full ship shock trial for Ford class aircraft carrier.

Sec. 123. Sense of Congress on accelerated production of aircraft carriers.

Sec. 124. Multiyear procurement authority for standard missile–6.

Sec. 125. Multiyear procurement authority for E–2D aircraft.

Sec. 126. Multiyear procurement authority for F/A–18E/F aircraft and EA–18G aircraft.

Sec. 127. Modifications to F/A–18 aircraft to mitigate physiological episodes.

Sec. 128. Frigate class ship program.

Sec. 129. Contract requirement for Virginia class submarine program.

Sec. 130. Prohibition on availability of funds for Navy port waterborne security barriers.

Sec. 131. Extension of limitation on use of sole-source shipbuilding contracts for certain vessels.

Sec. 132. Limitation on availability of funds for M27 Infantry Automatic Rifle program.

Sec. 133. Report on degaussing standards for DDG–51 destroyers.

Subtitle D—Air Force Programs

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

Sec. 142. Multiyear procurement authority for C–130J aircraft program.

Sec. 143. Contract for logistics support for VC–25B aircraft.

Sec. 144. Retirement date for VC–25A aircraft.

Sec. 145. Repeal of funding restriction for EC–130H Compass Call Recapitalization Program.

Sec. 146. Limitation on use of funds for KC–46A aircraft pending submittal of certification.

Sec. 147. Limitation on availability of funds for retirement of E–8 JSTARS Aircraft.

Sec. 148. Report on modernization of B–52H aircraft systems.

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

Sec. 151. Procurement authority for additional icebreaker vessels.

Sec. 152. Buy-to-budget acquisition of F–35 aircraft.

Sec. 153. Certification on inclusion of technology to minimize physiological episodes in certain aircraft.

Sec. 154. Armored commercial passenger-carrying vehicles.

Sec. 155. Quarterly updates on the F–35 Joint Strike Fighter program.

Title II—Research, development, test, and evaluation

Subtitle A—Authorization of appropriations

Sec. 201. Authorization of appropriations.

Subtitle B—Program requirements, restrictions, and limitations

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

Sec. 212. Extension of directed energy prototype authority.

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

Sec. 214. Limitation on availability of funds for F–35 continuous capability development and delivery.

Sec. 215. Limitation on availability of funds pending report on agile software development and software operations.

Sec. 216. Limitation on availability of funds for certain high energy laser advanced technology.

Sec. 217. Plan for the Strategic Capabilities Office of the Department of Defense.

Sec. 218. National Defense Science and Technology Strategy.

Sec. 219. Modification of CVN–73 to support fielding of MQ–25 unmanned aerial vehicle.

Sec. 220. Establishment of innovators information repository in the Department of Defense.

Sec. 221. Strategic plan for Department of Defense test and evaluation resources.

Sec. 222. Collaboration between Defense laboratories, industry, and academia; open campus program.

Sec. 223. Permanent extension and codification of authority to conduct technology protection features activities during research and development of defense systems.

Sec. 224. Codification and reauthorization of Defense Research and Development Rapid Innovation Program.

Sec. 225. Procedures for rapid reaction to emerging technology.

Sec. 226. Activities on identification and development of enhanced personal protective equipment against blast injury.

Sec. 227. Human factors modeling and simulation activities.

Sec. 228. Expansion of mission areas supported by mechanisms for expedited access to technical talent and expertise at academic institutions.

Sec. 229. Advanced manufacturing activities.

Sec. 230. National security innovation activities.

Sec. 231. Partnership intermediaries for promotion of defense research and education.

Sec. 232. Limitation on use of funds for Surface Navy Laser Weapon System.

Sec. 233. Expansion of coordination requirement for support for national security innovation and entrepreneurial education.

Sec. 234. Defense quantum information science and technology research and development program.

Sec. 235. Joint directed energy test activities.

Sec. 236. Requirement for establishment of arrangements for expedited access to technical talent and expertise at academic institutions to support Department of Defense missions.

Sec. 237. Authority for Joint Directed Energy Transition Office to conduct research relating to high powered microwave capabilities.

Sec. 238. Joint artificial intelligence research, development, and transition activities.

Subtitle C—Reports and other matters

Sec. 241. Report on survivability of air defense artillery.

Sec. 242. T–45 aircraft physiological episode mitigation actions.

Sec. 243. Report on efforts of the Air Force to mitigate physiological episodes affecting aircraft crewmembers.

Sec. 244. Report on Defense Innovation Unit Experimental.

Sec. 245. Modification of funding criteria under Historically Black Colleges and Universities and minority institutions program.

Sec. 246. Report on OA–X light attack aircraft applicability to partner nation support.

Sec. 247. Reports on comparative capabilities of adversaries in key technology areas.

Sec. 248. Report on active protection systems for armored combat and tactical vehicles.

Sec. 249. Next Generation Combat Vehicle.

Sec. 250. Modification of reports on mechanisms to provide funds to defense laboratories for research and development of technologies for military missions.

Sec. 251. Briefings on Mobile Protected Firepower and Future Vertical Lift programs.

Sec. 252. Improvement of the Air Force supply chain.

Sec. 253. Review of guidance on blast exposure during training.

Sec. 254. Competitive acquisition strategy for Bradley Fighting Vehicle transmission replacement.

Sec. 255. Independent assessment of electronic warfare plans and programs.

Title III—Operation and Maintenance

Subtitle A—Authorization of Appropriations

Sec. 301. Authorization of appropriations.

Subtitle B—Energy and Environment

Sec. 311. Explosive Ordnance Disposal Defense Program.

Sec. 312. Further improvements to energy security and resilience.

Sec. 313. Use of proceeds from sales of electrical energy derived from geothermal resources for projects at military installations where resources are located.

Sec. 314. Operational energy policy.

Sec. 315. Funding of study and assessment of health implications of per- and polyfluoroalkyl substances contamination in drinking water by agency for toxic substances and disease registry.

Sec. 316. Extension of authorized periods of permitted incidental takings of marine mammals in the course of specified activities by Department of Defense.

Sec. 317. Department of Defense environmental restoration programs.

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

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

Sec. 320. Production and use of natural gas at Fort Knox, Kentucky.

Subtitle C—Logistics and Sustainment

Sec. 321. Authorizing use of working capital funds for unspecified minor military construction projects related to revitalization and recapitalization of defense industrial base facilities.

Sec. 322. Examination of Navy vessels.

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

Sec. 324. Temporary modification of workload carryover formula.

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

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

Sec. 327. Report on pilot program for micro-reactors.

Sec. 328. Limitation on modifications to Navy Facilities Sustainment, Restoration, and Modernization structure and mechanism.

Subtitle D—Reports

Sec. 331. Reports on readiness.

Sec. 332. Matters for inclusion in quarterly reports on personnel and unit readiness.

Sec. 333. Annual Comptroller General reviews of readiness of Armed Forces to conduct full spectrum operations.

Sec. 334. Surface warfare training improvement.

Sec. 335. Report on optimizing surface Navy vessel inspections and crew certifications.

Sec. 336. Report on depot-level maintenance and repair.

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

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

Sec. 339. Report on Specialized Undergraduate Pilot Training production, resourcing, and locations.

Sec. 340. Report on Air Force airfield operational requirements.

Sec. 341. Report on Navy surface ship repair contract costs.

Subtitle E—Other Matters

Sec. 351. Coast Guard representation on explosive safety board.

Sec. 352. Transportation to continental United States of retired military working dogs outside the continental United States that are suitable for adoption in the United States.

Sec. 353. Scope of authority for restoration of land due to mishap.

Sec. 354. Repurposing and reuse of surplus Army firearms.

Sec. 355. Study on phasing out open burn pits.

Sec. 356. Notification requirements relating to changes to uniform of members of the uniformed services.

Sec. 357. Reporting on future years budgeting by subactivity group.

Sec. 358. Limitation on availability of funds for service-specific Defense Readiness Reporting Systems.

Sec. 359. Prioritization of environmental impacts for facilities sustainment, restoration, and modernization demolition.

Sec. 360. Sense of Congress relating to Soo Locks, Sault Sainte Marie, Michigan.

Sec. 361. U.S. Special Operations Command Civilian Personnel.

Title IV—Military Personnel Authorizations

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.

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

Subtitle B—Reserve Forces

Sec. 411. End strengths for Selected Reserve.

Sec. 412. End strengths for reserves on active duty in support of the reserves.

Sec. 413. End strengths for military technicians (dual status).

Sec. 414. Maximum number of reserve personnel authorized to be on active duty for operational support.

Subtitle C—Authorization of Appropriations

Sec. 421. Military personnel.

Title V—Military Personnel Policy

Subtitle A—Officer Personnel Policy

Sec. 501. Repeal of requirement for ability to complete 20 years of service by age 62 as qualification for original appointment as a regular commissioned officer.

Sec. 502. Enhancement of availability of constructive service credit for private sector training or experience upon original appointment as a commissioned officer.

Sec. 503. Standardized temporary promotion authority across the military departments for officers in certain grades with critical skills.

Sec. 504. Authority for promotion boards to recommend officers of particular merit be placed higher on a promotion list.

Sec. 505. Authority for officers to opt out of promotion board consideration.

Sec. 506. Applicability to additional officer grades of authority for continuation on active duty of officers in certain military specialties and career tracks.

Sec. 507. Alternative promotion authority for officers in designated competitive categories of officers.

Sec. 508. Attending Physician to the Congress.

Sec. 509. Matters relating to satisfactory service in grade for purposes of retirement grade of officers in highest grade of satisfactory service.

Sec. 510. Grades of Chiefs of Chaplains.

Sec. 511. Repeal of original appointment qualification requirement for warrant officers in the regular Army.

Sec. 512. Reduction in number of years of active naval service required for permanent appointment as a limited duty officer.

Sec. 513. Authority to designate certain reserve officers as not to be considered for selection for promotion.

Sec. 514. GAO review of surface warfare career paths.

Subtitle B—Reserve Component Management

Sec. 515. Authorized strength and distribution in grade.

Sec. 516. Repeal of prohibition on service on Army Reserve Forces Policy Committee by members on active duty.

Sec. 517. Expansion of personnel subject to authority of the Chief of the National Guard Bureau in the execution of functions and missions of the National Guard Bureau.

Sec. 518. Authority to adjust effective date of promotion in the event of undue delay in extending Federal recognition of promotion.

Sec. 519. National Guard Youth Challenge Program.

Sec. 520. Extension of authority for pilot program on use of retired senior enlisted members of the Army National Guard as Army National Guard recruiters.

Subtitle C—General Service Authorities and Correction of Military Records

Sec. 521. Enlistments vital to the national interest.

Sec. 522. Statement of benefits.

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

Sec. 524.  Assessment of Navy standard workweek and related adjustments.

Sec. 525. Notification on manning of afloat naval forces.

Sec. 526. Navy watchstander records.

Sec. 527. Qualification experience requirements for certain Navy watchstations.

Subtitle D—Military Justice

Sec. 531. Inclusion of strangulation and suffocation in conduct constituting aggravated assault for purposes of the Uniform Code of Military Justice.

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

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

Sec. 534. Report on feasibility of expanding services of the Special Victims’ Counsel to victims of domestic violence.

Sec. 535. Uniform command action form on disposition of unrestricted sexual assault cases involving members of the Armed Forces.

Sec. 536. Standardization of policies related to expedited transfer in cases of sexual assault or domestic violence.

Subtitle E—Other Legal Matters

Sec. 541. Clarification of expiration of term of appellate military judges of the United States Court of Military Commission Review.

Sec. 542. Security clearance reinvestigation of certain personnel who commit certain offenses.

Sec. 543. Development of oversight plan for implementation of Department of Defense harassment prevention and response policy.

Sec. 544. Oversight of registered sex offender management program.

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

Sec. 546. Improved crime reporting.

Sec. 547. Report on victims of sexual assault in reports of military criminal investigative organizations.

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

Sec. 551. Permanent career intermission program.

Sec. 552. Improvements to Transition Assistance Program.

Sec. 553. Repeal of program on encouragement of postseparation public and community service.

Sec. 554. Clarification of application and honorable service requirements under the Troops-to-Teachers Program to members of the Retired Reserve.

Sec. 555. Employment and compensation of civilian faculty members at the Joint Special Operations University.

Sec. 556. Program to assist members of the Armed Forces in obtaining professional credentials.

Sec. 557. Enhancement of authorities in connection with Junior Reserve Officers' Training Corps programs.

Sec. 558. Expansion of period of availability of Military OneSource program for retired and discharged members of the Armed Forces and their immediate families.

Sec. 559. Prohibition on use of funds for attendance of enlisted personnel at senior level and intermediate level officer professional military education courses.

Subtitle G—Defense Dependents’ Education

Sec. 561. Assistance to schools with military dependent students.

Sec. 562. Department of Defense Education Activity policies and procedures on sexual harassment of students of Activity schools.

Sec. 563. Department of Defense Education Activity misconduct database.

Sec. 564. Assessment and report on active shooter threat mitigation at schools located on military installations.

Subtitle H—Military Family Readiness Matters

Sec. 571. Department of Defense Military Family Readiness Council matters.

Sec. 572. Enhancement and clarification of family support services for family members of members of special operations forces.

Sec. 573. Temporary expansion of authority for noncompetitive appointments of military spouses by Federal agencies.

Sec. 574. Improvement of My Career Advancement Account program for military spouses.

Sec. 575.  Assessment and report on the effects of permanent changes of station on employment among military spouses.

Sec. 576. Provisional or interim clearances to provide childcare services at military childcare centers.

Sec. 577. Multidisciplinary teams for military installations on child abuse and other domestic violence.

Sec. 578. Pilot program for military families: prevention of child abuse and training on safe childcare practices.

Sec. 579. Assessment and report on small business activities of military spouses on military installations in the United States.

Subtitle I—Decorations and Awards

Sec. 581. Atomic veterans service certificate.

Sec. 582. Award of medals or other commendations to handlers of military working dogs.

Sec. 583. Authorization for award of distinguished-service cross to Justin T. Gallegos for acts of valor during Operation Enduring Freedom.

Subtitle J—Miscellaneous Reports and Other Matters

Sec. 591. Annual defense manpower requirements report matters.

Sec. 592. Burial of unclaimed remains of inmates at the United States Disciplinary Barracks Cemetery, Fort Leavenworth, Kansas.

Sec. 593. Standardization of frequency of academy visits of the Air Force Academy Board of Visitors with academy visits of boards of other military service academies.

Sec. 594. National Commission on Military, National, and Public Service matters.

Sec. 595. Public availability of top-line numbers of deployed members of the Armed Forces.

Sec. 596. Report on general and flag officer costs.

Sec. 597. Study on active service obligations for medical training with other service obligations for education or training and health professional recruiting.

Sec. 598. Criteria for interment at Arlington National Cemetery.

Sec. 599. Limitation on use of funds pending submittal of report on Army Marketing and Advertising Program.

Sec. 600. Proof of period of military service for purposes of interest rate limitation under the Servicemembers Civil Relief Act.

Title VI—Compensation and Other Personnel Benefits

Subtitle A—Pay and Allowances

Sec. 601. Repeal of authority for payment of personal money allowances to Navy officers serving in certain positions.

Sec. 602. Eligibility of reserve component members for high-deployment allowance for lengthy or numerous deployments and frequent mobilizations.

Sec. 603. Prohibition on per diem allowance reductions based on the duration of temporary duty assignment or civilian travel.

Sec. 604. Extension of parking expenses allowance to civilian employees at recruiting facilities.

Sec. 605. Eligibility of reserve component members for nonreduction in pay while serving in the uniformed services or National Guard.

Sec. 606. Military Housing Privatization Initiative.

Subtitle B—Bonuses and Special Incentive Pays

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

Sec. 612. Report on imminent danger pay and hostile fire pay.

Subtitle C—Other Matters

Sec. 621. Extension of certain morale, welfare, and recreation privileges to certain veterans and their caregivers.

Sec. 622. Technical corrections in calculation and publication of special survivor indemnity allowance cost of living adjustments.

Sec. 623. Authority to award damaged personal protective equipment to members separating from the Armed Forces and veterans as mementos of military service.

Sec. 624. Space-available travel on Department of Defense aircraft for veterans with service-connected disabilities rated as total.

Sec. 625. Mandatory increase in insurance coverage under Servicemembers’ Group Life Insurance for members deployed to combat theaters of operation.

Sec. 626. Access to military installations for certain surviving spouses and other next of kin of members of the Armed Forces who die while on active duty or certain reserve duty.

Sec. 627. Study and report on development of a single defense resale system.

Title VII—Health Care Provisions

Subtitle A—TRICARE and Other Health Care Benefits

Sec. 701. Cessation of requirement for mental health assessment of members after redeployment from a contingency operation upon discharge or release from the Armed Forces.

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

Subtitle B—Health Care Administration

Sec. 711. Improvement of administration of the Defense Health Agency and military medical treatment facilities.

Sec. 712. Organizational framework of the military healthcare system to support the medical requirements of the combatant commands.

Sec. 713. Administration of TRICARE dental plans through the Federal Employees Dental and Vision Insurance Program.

Sec. 714. Streamlining of TRICARE Prime beneficiary referral process.

Sec. 715. Sharing of information with State prescription drug monitoring programs.

Sec. 716. Pilot program on opioid management in the military health system.

Sec. 717. Wounded warrior policy review.

Sec. 718. Medical simulation technology and live tissue training within the Department of Defense.

Sec. 719. Improvements to trauma center partnerships.

Sec. 720. Improvement to notification to Congress of hospitalization of combat-wounded members of the Armed Forces.

Subtitle C—Reports and Other Matters

Sec. 731. Extension of authority for Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund.

Sec. 732. Joint forces medical capabilities development and standardization.

Sec. 733. Inclusion of gambling disorder in health assessments of members of the Armed Forces and related research efforts.

Sec. 734. Report on requirement for certain former members of the Armed Forces to enroll in Medicare Part B to be eligible for TRICARE for Life.

Sec. 735. Pilot program on earning by special operations forces medics of credit toward a physician assistant degree.

Sec. 736. Strategic medical research plan.

Sec. 737. Comptroller General of the United States review of Defense Health Agency oversight of transition between managed care support contractors for the TRICARE program.

Sec. 738. Comptroller General study on availability of long-term care options for veterans from Department of Veterans Affairs.

Sec. 739. Increase in number of appointed members of the Henry M. Jackson Foundation for the Advancement of Military Medicine.

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

Sec. 800. Effective dates; coordination of amendments.

Subtitle A—Streamlining of Defense Acquisition Statutes and Regulations

Part I—Consolidation of Defense Acquisition Statutes in New Part V of Subtitle A of Title 10, United States Code

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

Part II—Redesignation of Sections and Chapters of Subtitles B, C, and D to Provide Room for New Part V of Subtitle A

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

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

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

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

Part III—Repeals of Certain Provisions of Defense Acquisition Law

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

Sec. 812. Repeal of certain defense acquisition laws.

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

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

Sec. 816. Modification of limitations on single source task or delivery order contracts.

Sec. 817. Preliminary cost analysis requirement for exercise of multiyear contract authority.

Sec. 818. Revision of requirement to submit information on services contracts to Congress.

Sec. 819. Data collection and inventory for services contracts.

Sec. 820. Report on clarification of services contracting definitions.

Sec. 821. Increase in micro-purchase threshold applicable to Department of Defense.

Sec. 822. Department of Defense contracting dispute matters.

Sec. 823. Inclusion of best available information regarding past performance of subcontractors and joint venture partners.

Sec. 824. Subcontracting price and approved purchasing systems.

Sec. 825. Modification of criteria for waivers of requirement for certified cost and price data.

Subtitle C—Provisions Relating to Major Defense Acquisition Programs

Sec. 831. Revisions in authority relating to program cost targets and fielding targets for major defense acquisition programs.

Sec. 832. Implementation of recommendations of the Independent Study on Consideration of Sustainment in Weapons Systems Life Cycle.

Sec. 833. Comptroller General assessment of acquisition programs and related initiatives.

Subtitle D—Provisions Relating to Commercial Items

Sec. 836. Revision of definition of commercial item for purposes of Federal acquisition statutes.

Sec. 837. Limitation on applicability to Department of Defense commercial contracts of certain provisions of law.

Sec. 838. Modifications to procurement through commercial e-commerce portals.

Sec. 839. Review of Federal acquisition regulations on commercial products, commercial services, and commercially available off-the-shelf items.

Subtitle E—Industrial Base Matters

Sec. 841. Report on limited sourcing of specific components for Naval vessels.

Sec. 842. Removal of national interest determination requirements for certain entities.

Sec. 843. Pilot program to test machine-vision technologies to determine the authenticity and security of microelectronic parts in weapon systems.

Sec. 844. Limitation on certain procurements application process.

Sec. 845. Report on defense electronics industrial base.

Sec. 846. Support for defense manufacturing communities to support the defense industrial base.

Sec. 847. Limitation on procurement of certain items for T–AO–205 program.

Subtitle F—Small Business Matters

Sec. 851. Department of Defense small business strategy.

Sec. 852. Prompt payments of small business contractors.

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

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

Sec. 855. Construction contract administration.

Sec. 856. Comptroller General study of impact of broadband speed and price on small businesses.

Sec. 857. Consolidated budget display for the Department of Defense Small Business Innovation Research Program and Small Business Technology Transfer Program.

Sec. 858. Funding for procurement technical assistance program.

Sec. 859. Authorization for payment of certain costs relating to procurement technical assistance centers.

Sec. 860. Commercialization Assistance Pilot Program.

Sec. 861. Puerto Rico businesses.

Sec. 862. Opportunities for employee-owned business concerns through Small Business Administration loan programs.

Subtitle G—Provisions Related to Software and Technical Data Matters

Sec. 865. Validation of proprietary and technical data.

Sec. 866. Continuation of technical data rights during challenges.

Sec. 867. Requirement for negotiation of technical data price before sustainment of major weapon systems.

Sec. 868. Implementation of recommendations of the final report of the Defense Science Board Task Force on the Design and Acquisition of Software for Defense Systems.

Sec. 869. Implementation of pilot program to use agile or iterative development methods required under section 873 of the National Defense Authorization Act for Fiscal Year 2018.

Sec. 870. Report on requiring access to digital technical data in future acquisitions of combat, combat service, and combat support systems.

Subtitle H—Other Matters

Sec. 871. Prohibition on acquisition of sensitive materials from non-allied foreign nations.

Sec. 872. Extension of prohibition on providing funds to the enemy.

Sec. 873. Data, policy, and reporting on the use of other transactions.

Sec. 874. Standardization of formatting and public accessibility of Department of Defense reports to Congress.

Sec. 875. Promotion of the use of Government-wide and other interagency contracts.

Sec. 876. Increasing competition at the task order level.

Sec. 877. Individual acquisition for commercial leasing services.

Sec. 878. Procurement administrative lead time definition and plan.

Sec. 879. Briefing on funding of product support strategies.

Sec. 880. Use of lowest price technically acceptable source selection process.

Sec. 881. Permanent Supply Chain Risk Management Authority.

Sec. 882. Review of market research.

Sec. 883. Establishment of integrated review team on defense acquisition industry-government exchange.

Sec. 884. Exchange program for acquisition workforce employees.

Sec. 885. Process to limit foreign access to technology.

Sec. 886. Procurement of telecommunications supplies for experimental purposes.

Sec. 887. Access by developmental and operational testing activities to data regarding modeling and simulation activity.

Sec. 888. Instruction on pilot program regarding employment of persons with disabilities.

Sec. 889. Prohibition on certain telecommunications and video surveillance services or equipment.

Sec. 890. Pilot program to accelerate contracting and pricing processes.

Title IX—Department of Defense Organization and Management

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

Sec. 901. Report on allocation of former responsibilities of the Under Secretary of Defense for Acquisition, Technology, and Logistics.

Sec. 902. Modification of responsibilities of the Under Secretary of Defense for Policy.

Sec. 903. Clarification of responsibilities and duties of the Chief Information Officer of the Department of Defense.

Sec. 904. Technical corrections to Department of Defense Test Resource Management Center authority.

Sec. 905. Specification of certain duties of the Defense Technical Information Center.

Subtitle B—Organization and Management of Other Department of Defense Offices and Elements

Sec. 911. Comprehensive review of operational and administrative chains-of-command and functions of the Department of the Navy.

Sec. 912. Modification of certain responsibilities of the Chairman of the Joint Chiefs of Staff relating to joint force concept development.

Sec. 913. Clarification of certain risk assessment requirements of the Chairman of the Joint Chiefs of Staff in connection with the National Military Strategy.

Sec. 914.  Assistant Secretary of Defense for Special Operations and Low Intensity Conflict review of United States Special Operations Command.

Sec. 915. Expansion of principal duties of Assistant Secretary of the Navy for Research, Development, and Acquisition.

Sec. 916. Qualifications for appointment as Deputy Chief Management Officer of a military department.

Sec. 917. Deadline for completion of full implementation of requirements in connection with organization of the Department of Defense for management of special operations forces and special operations.

Sec. 918. Cross-functional teams in the Department of Defense.

Sec. 919. Limitation on transfer of the Chemical, Biological, and Radiological Defense Division of the Navy.

Subtitle C—Comprehensive Pentagon Bureaucracy Reform and Reduction

Sec. 921. Authorities and responsibilities of the Chief Management Officer of the Department of Defense.

Sec. 922. Analysis of Department of Defense business management and operations datasets to promote savings and efficiencies.

Sec. 923. Periodic review of the Defense Agencies and Department of Defense Field Activities by the Chief Management Officer of the Department of Defense.

Sec. 924. Actions to increase the efficiency and transparency of the Defense Logistics Agency.

Sec. 925. Review of functions of Defense Contract Audit Agency and Defense Contract Management Agency.

Sec. 926. Review and improvement of the operations of the Defense Finance and Accounting Service.

Sec. 927. Assessment of chief information officer functions in connection with transition to enterprise-wide management of information technology and computing.

Sec. 928. Comptroller General of the United States report on cross-enterprise activities of the Inspectors General of the Department of Defense.

Sec. 929. General provisions.

Subtitle D—Other Department of Defense Organization and Management Matters

Sec. 931. Limitation on availability of funds for major headquarters activities of the Department of Defense.

Sec. 932. John S. McCain Strategic Defense Fellows Program.

Sec. 933. Performance of civilian functions by military personnel.

Sec. 934. Report on implementation of requirements on estimation and comparison of costs of civilian and military manpower and contract support for the Department of Defense.

Sec. 935. Review of foreign currency exchange rates and analysis of Foreign Currency Fluctuations, Defense appropriation.

Sec. 936. Responsibility for policy on civilian casualty matters.

Sec. 937. Additional matters in connection with background and security investigations for Department of Defense personnel.

Sec. 938. Research and development to advance capabilities of the Department of Defense in data integration and advanced analytics in connection with personnel security.

Subtitle E—Other Matters

Sec. 941. Trusted information provider program for national security positions and positions of trust.

Sec. 942. Report on expedited processing of security clearances for mission-critical positions.

Sec. 943. Report on clearance in person concept.

Title X—General Provisions

Subtitle A—Financial Matters

Sec. 1001. General transfer authority.

Sec. 1002. Expertise in audit remediation.

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

Sec. 1004. Audit of financial systems of the Department of Defense.

Sec. 1005. Report on auditable financial statements.

Sec. 1006. Transparency of accounting firms used to support Department of Defense audit.

Subtitle B—Naval Vessels and Shipyards

Sec. 1011. Inclusion of operation and sustainment costs in annual naval vessel construction plans.

Sec. 1012. Purchase of vessels using funds in National Defense Sealift Fund.

Sec. 1013. Purchase of vessels built in foreign shipyards with funds in National Defense Sealift Fund.

Sec. 1014. Date of listing of vessels as battle force ships in the Naval Vessel Register and other fleet inventory measures.

Sec. 1015. Technical corrections and clarifications to chapter 633 of title 10, United States Code, and other provisions of law regarding naval vessels.

Sec. 1016. Dismantlement and disposal of nuclear-powered aircraft carriers.

Sec. 1017. Limitation on use of funds for retirement of hospital ships.

Sec. 1018. Inclusion of aircraft carrier refueling overhaul budget request in annual budget justification materials.

Sec. 1019. Business case analysis of Ready Reserve Force recapitalization options.

Sec. 1020. Transfer of excess naval vessel to Bahrain.

Subtitle C—Counterterrorism

Sec. 1031. Definition of sensitive military operation.

Sec. 1032. Extension of prohibition on use of funds to close or relinquish control of United States Naval Station, Guantanamo Bay, Cuba.

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

Sec. 1034. Prohibition on use of funds to construct or modify facilities in the United States to house detainees transferred from United States Naval Station, Guantanamo Bay, Cuba.

Sec. 1035. Prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to certain countries.

Subtitle D—Miscellaneous Authorities and Limitations

Sec. 1041. Strategic guidance documents within the Department of Defense.

Sec. 1042. Notification on the provision of defense sensitive support.

Sec. 1043. Coordinating United States response to malign foreign influence operations and campaigns.

Sec. 1044. Clarification of reimbursable allowed costs of FAA memoranda of agreement.

Sec. 1045. Workforce issues for military realignments in the Pacific.

Sec. 1046. Mitigation of operational risks posed to certain military aircraft by automatic dependent surveillance-broadcast equipment.

Sec. 1047. Limitation on availability of funds for unmanned surface vehicles.

Sec. 1048. Pilot program for Department of Defense controlled unclassified information in the hands of industry.

Sec. 1049. Critical technologies list.

Sec. 1050. Airborne Hazards and Open Burn Pit Registry.

Sec. 1051. National Security Commission on Artificial Intelligence.

Sec. 1052. Authority to transfer funds for Bien Hoa dioxin cleanup.

Sec. 1053. Guidance on the electronic warfare mission area and joint electromagnetic spectrum operations.

Subtitle E—Studies and Reports

Sec. 1061. Annual reports by the Armed Forces on Out-Year Unconstrained Total Munitions Requirements and Out-Year inventory numbers.

Sec. 1062. Improvement of annual report on civilian casualties in connection with United States military operations.

Sec. 1063. Report on capabilities and capacities of Armored Brigade Combat Teams.

Sec. 1064. Activities and reporting relating to Department of Defense’s Cloud Initiative.

Sec. 1065. Limitation on use of funds for United States Special Operations Command Global Messaging and Counter-Messaging platform.

Sec. 1066. Comprehensive review of professionalism and ethics programs for special operations forces.

Sec. 1067. Munitions assessments and future-years defense program requirements.

Sec. 1068. Report on establishment of Army Futures Command.

Sec. 1069. Report on cyber-enabled information operations.

Sec. 1070. Report on unmanned aircraft in Arlington National Cemetery.

Sec. 1071. Report on an updated Arctic strategy.

Sec. 1072. Report on use and availability of military installations for disaster response.

Sec. 1073. Report on Department of Defense participation in Export Administration Regulations license application review process.

Sec. 1074. Military aviation readiness review in support of the National Defense Strategy.

Sec. 1075. Report on highest-priority roles and missions of the Department of Defense and the Armed Forces.

Subtitle F—Other Matters

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

Sec. 1082. Principal Advisor on Countering Weapons of Mass Destruction.

Sec. 1083. Modification of authority to transfer aircraft to other departments for wildfire suppression purposes.

Sec. 1084. Improvement of database on emergency response capabilities.

Sec. 1085. Disclosure requirements for United States-based foreign media outlets.

Sec. 1086. United States policy with respect to freedom of navigation and overflight.

Sec. 1087. National Commission on Military Aviation Safety.

Sec. 1088. Sense of Congress regarding the international borders of the United States.

Sec. 1089. Policy on response to juvenile-on-juvenile problematic sexual behavior committed on military installations.

Sec. 1090. Recognition of America’s veterans.

Sec. 1091. Prohibition of funds for Chinese language instruction provided by a Confucius Institute.

Sec. 1092. Department of Defense engagement with certain nonprofit entities in support of missions of deployed United States personnel around the world.

Title XI—Civilian Personnel Matters

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

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

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

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

Sec. 1105. Extension of authority to conduct telework travel expenses test programs.

Sec. 1106. Personnel demonstration projects.

Sec. 1107. Expanded flexibility in selecting candidates from referral lists.

Sec. 1108. Expedited hiring authority for college graduates and post secondary students.

Sec. 1109. Inapplicability of certification of executive qualifications by qualification review boards of Office of Personnel Management for initial appointments to Senior Executive Service positions in Department of Defense.

Sec. 1110. Engagement with Historically Black Colleges and Universities and minority-serving institutions for the purposes of technical workforce enhancement.

Sec. 1111. Inclusion of Strategic Capabilities Office and Defense Innovation Unit Experimental of the Department of Defense in personnel management authority to attract experts in science and engineering.

Sec. 1112. Enhancement of flexible management authorities for science and technology reinvention laboratories of the Department of Defense.

Sec. 1113. Inclusion of Office of Secretary of Defense among components of the Department of Defense covered by direct hire authority for financial management experts.

Sec. 1114. Alcohol testing of civil service mariners of the Military Sealift Command assigned to vessels.

Sec. 1115. One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone.

Title XII—Matters relating to foreign nations

Subtitle A—Assistance and training

Sec. 1201. Modification of authority to build the capacity of foreign security forces.

Sec. 1202. Clarification of authority for use of advisors and trainers for training of personnel of foreign ministries with security missions under defense institution capacity building authorities.

Sec. 1203. Increase in cost limitation and additional notification required for small scale construction related to security cooperation.

Sec. 1204. Technical corrections relating to defense security cooperation statutory reorganization.

Sec. 1205. Review and report on processes and procedures used to carry out section 362 of title 10, United States Code.

Sec. 1206. Report on the use of security cooperation authorities.

Sec. 1207. Participation in and support of the Inter-American Defense College.

Sec. 1208. Naval Small Craft Instruction and Technical Training School.

Sec. 1209. Expansion of Regional Defense Combating Terrorism Fellowship Program to include irregular warfare.

Sec. 1210. Modification to Department of Defense State Partnership Program.

Sec. 1211. Assessment, monitoring, and evaluation of security cooperation.

Sec. 1212. Legal and policy review of advise, assist, and accompany missions.

Sec. 1213. Extension and modification of authority to support border security operations of certain foreign countries.

Sec. 1214. Framework for obtaining concurrence for participation in activities of regional centers for security studies.

Subtitle B—Matters relating to Afghanistan and Pakistan

Sec. 1221. Extension of authority to transfer defense articles and provide defense services to the military and security forces of Afghanistan.

Sec. 1222. Extension and modification of reporting requirements for special immigrant visas for Afghan allies program.

Sec. 1223. Afghanistan Security Forces Fund.

Sec. 1224. Extension and modification of Commanders’ Emergency Response Program.

Sec. 1225. Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations.

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

Sec. 1231. Extension and modification of authority to provide assistance to the vetted Syrian opposition.

Sec. 1232. Syrian war crimes accountability.

Sec. 1233. Extension of authority to provide assistance to counter the Islamic State of Iraq and Syria.

Sec. 1234. Limitation on assistance to the Government of Iraq.

Sec. 1235. Extension and modification of authority to support operations and activities of the Office of Security Cooperation in Iraq.

Sec. 1236. Modification of annual report on military power of Iran.

Sec. 1237. Strategy to counter destabilizing activities of Iran.

Subtitle D—Matters relating to the Russian Federation

Sec. 1241. Prohibition on availability of funds relating to sovereignty of the Russian Federation over Crimea.

Sec. 1242. Limitation on availability of funds relating to implementation of the Open Skies Treaty.

Sec. 1243. Determination required regarding material breach of INF Treaty by the Russian Federation.

Sec. 1244. Comprehensive response to the Russian Federation’s material breach of the INF Treaty.

Sec. 1245. Report on implementation of the New START Treaty.

Sec. 1246. Modification and extension of Ukraine Security Assistance Initiative.

Sec. 1247. Extension of limitation on military cooperation between the United States and the Russian Federation.

Sec. 1248. Sense of Congress on enhancing deterrence against Russian aggression in Europe.

Subtitle E—Matters relating to the Indo-Pacific region

Sec. 1251. Name of United States Indo-Pacific Command.

Sec. 1252. Redesignation, expansion, and extension of Southeast Asia Maritime Security Initiative.

Sec. 1253. Redesignation and modification of sense of Congress and initiative for the Indo-Asia-Pacific region.

Sec. 1254. Assessment of and report on geopolitical conditions in the Indo-Pacific region.

Sec. 1255. Sense of Congress on extended nuclear deterrence in the Indo-Pacific region.

Sec. 1256. Reinstatement of reporting requirements with respect to United States-Hong Kong relations.

Sec. 1257. Strengthening Taiwan’s force readiness.

Sec. 1258. Sense of Congress on Taiwan.

Sec. 1259. Prohibition on participation of the People’s Republic of China in Rim of the Pacific (RIMPAC) naval exercises.

Sec. 1260. Modification of annual report on military and security developments involving the People’s Republic of China.

Sec. 1261. United States strategy on China.

Sec. 1262. Report on military and coercive activities of the People’s Republic of China in South China Sea.

Sec. 1263. Requirement for critical languages and expertise in Chinese, Korean, Russian, Farsi, and Arabic.

Sec. 1264. Limitation on use of funds to reduce the total number of members of the Armed Forces serving on active duty who are deployed to the Republic of Korea.

Sec. 1265. Reports on nuclear capabilities of the Democratic People’s Republic of Korea.

Sec. 1266. Modification of report required under enhancing defense and security cooperation with India.

Subtitle F—Reports and other matters

Sec. 1271. Modification of authorities relating to acquisition and cross-servicing agreements.

Sec. 1272. United States-Israel countering unmanned aerial systems cooperation.

Sec. 1273. Enhancement of U.S.-Israel defense cooperation.

Sec. 1274. Review to determine whether the Armed Forces or coalition partners of the United States violated Federal law or Department of Defense policy while conducting operations in Yemen.

Sec. 1275. Report on United States Government security cooperation and assistance programs with Mexico.

Sec. 1276. Report on Department of Defense missions, operations, and activities in Niger.

Sec. 1277. Report on the security relationship between the United States and the Republic of Cyprus.

Sec. 1278. Sense of Congress on detention of United States citizens by the Government of the Republic of Turkey.

Sec. 1279. Technical amendments related to NATO Support and Procurement Organization and related NATO agreements.

Sec. 1280. Report on permanent stationing of United States forces in the Republic of Poland.

Sec. 1281. Report on strengthening NATO cyber defense.

Sec. 1282. Report on status of the United States relationship with the Republic of Turkey.

Sec. 1283. Sense of the Congress concerning military-to-military dialogues.

Sec. 1284. Modifications to Global Engagement Center.

Sec. 1285. Sense of Congress on countering hybrid threats and malign influence.

Sec. 1286. Initiative to support protection of national security academic researchers from undue influence and other security threats.

Sec. 1287. Report on Honduras, Guatemala, and El Salvador.

Sec. 1288. Modification of freedom of navigation reporting requirements.

Sec. 1289. Coordination of efforts to negotiate free trade agreements with certain sub-Saharan African countries.

Sec. 1290. Certifications regarding actions by Saudi Arabia and the United Arab Emirates in Yemen.

Sec. 1291. Treatment of Rwandan Patriotic Front and Rwandan Patriotic Army under Immigration and Nationality Act.

Sec. 1292. Limitation on availability of funds to implement the Arms Trade Treaty.

Sec. 1293. Prohibition on provision of weapons and other forms of support to certain organizations.

Sec. 1294. Modified waiver authority for certain sanctionable transactions under section 231 of the Countering America’s Adversaries Through Sanctions Act.

Sec. 1295. Rule of construction relating to the use of force.

Title XIII—Cooperative Threat Reduction

Sec. 1301.  Funding allocations.

Sec. 1302.  Specification of cooperative threat reduction funds.

Title XIV—Other authorizations

Subtitle A—Military programs

Sec. 1401. Working capital funds.

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

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

Sec. 1404. Defense inspector general.

Sec. 1405. Defense health program.

Subtitle B—Armed forces retirement home

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

Sec. 1412. Expansion of eligibility for residence at the Armed Forces Retirement Home.

Sec. 1413. Oversight of health care provided to residents of the Armed Forces Retirement Home.

Sec. 1414. Modification of authority on acceptance of gifts for the Armed Forces Retirement Home.

Sec. 1415. Relief for residents of the Armed Forces Retirement Home impacted by increase in fees.

Sec. 1416. Limitation on applicability of fee increase for residents of the Armed Forces Retirement Home.

Subtitle C—Other matters

Sec. 1421. Authority for transfer of funds to joint Department of Defense-Department of Veterans Affairs medical facility demonstration fund for Captain James A. Lovell Health Care Center, Illinois.

Sec. 1422. Economical and efficient operation of working capital fund activities.

Sec. 1423. Consolidation of reporting requirements under the Strategic and Critical Materials Stock Piling Act.

Sec. 1424. Quarterly briefing on progress of chemical demilitarization program.

Title XV—Authorization of Additional Appropriations for Overseas Contingency Operations

Subtitle A—Authorization of appropriations

Sec. 1501. Purpose.

Sec. 1502. Procurement.

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

Sec. 1504. Operation and maintenance.

Sec. 1505. Military personnel.

Sec. 1506. Working capital funds.

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

Sec. 1508. Defense inspector general.

Sec. 1509. Defense health program.

Subtitle B—Financial matters

Sec. 1511. Treatment as additional authorizations.

Sec. 1512. Special transfer authority.

Sec. 1513. Overseas contingency operations.

Subtitle C—Other matters

Sec. 1521. Joint Improvised-Threat Defeat Organization.

Sec. 1522. Enduring costs funded through overseas contingency operations.

Sec. 1523. Comptroller General report on use of funds provided by overseas contingency operations.

Title XVI—Strategic Programs, Cyber, and Intelligence Matters

Subtitle A—Space Activities

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

Sec. 1602. Modifications to Space Rapid Capabilities Office.

Sec. 1603. Rapid, responsive, and reliable space launch.

Sec. 1604. Provision of space situational awareness services and information.

Sec. 1605. Budget assessments for national security space programs.

Sec. 1606. Improvements to commercial space launch operations.

Sec. 1607. Space warfighting policy, review of space capabilities, and plan on space warfighting readiness.

Sec. 1608. Use of small- and medium-size buses for strategic and tactical satellite payloads.

Sec. 1609. Enhancement of positioning, navigation, and timing capacity.

Sec. 1610. Designation of component of Department of Defense responsible for coordination of modernization efforts relating to military-code capable GPS receiver cards.

Sec. 1611. Designation of component of Department of Defense responsible for coordination of hosted payload information.

Sec. 1612. Limitation on availability of funds for Joint Space Operations Center mission system.

Sec. 1613. Evaluation and enhanced security of supply chain for protected satellite communications programs and overhead persistent infrared systems.

Sec. 1614. Report on protected satellite communications.

Sec. 1615. Report on enhancements to the Global Positioning System Operational Control Segment.

Sec. 1616. Report on persistent weather imagery for United States Central Command.

Sec. 1617. Study on space-based radio frequency mapping.

Sec. 1618. Independent study on space launch locations.

Sec. 1619. Briefing on commercial satellite servicing capabilities.

Subtitle B—Defense Intelligence and Intelligence-Related Activities

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

Sec. 1622. Security vetting for foreign nationals.

Sec. 1623. Department of Defense Counterintelligence polygraph program.

Sec. 1624. Defense intelligence business management systems.

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

Sec. 1626. Framework on governance, mission management, resourcing, and effective oversight of combat support agencies that are also elements of the intelligence community.

Subtitle C—Cyberspace-Related Matters

Sec. 1631. Reorganization and consolidation of certain cyber provisions.

Sec. 1632. Affirming the authority of the Secretary of Defense to conduct military activities and operations in cyberspace.

Sec. 1633. Department of Defense Cyber Scholarship Program scholarships and grants.

Sec. 1634. Amendments to pilot program regarding cyber vulnerabilities of Department of Defense critical infrastructure.

Sec. 1635. Modification of acquisition authority of the Commander of the United States Cyber Command.

Sec. 1636. Policy of the United States on cyberspace, cybersecurity, cyber warfare, and cyber deterrence.

Sec. 1637. Budget display for cyber vulnerability evaluations and mitigation activities for major weapon systems of the Department of Defense.

Sec. 1638. Determination of responsibility for the Department of Defense Information Networks.

Sec. 1639. Procedures and reporting requirement on cybersecurity breaches and loss of personally identifiable information and controlled unclassified information.

Sec. 1640. Program to establish cyber institutes at institutions of higher learning.

Sec. 1641. Matters pertaining to the SharkSeer cybersecurity program.

Sec. 1642. Active defense against the Russian Federation, People’s Republic of China, Democratic People’s Republic of Korea, and Islamic Republic of Iran attacks in cyberspace.

Sec. 1643. Designation of official for matters relating to integrating cybersecurity and industrial control systems within the Department of Defense.

Sec. 1644. Assistance for small manufacturers in the defense industrial supply chain and universities on matters relating to cybersecurity.

Sec. 1645. Email and Internet website security and authentication.

Sec. 1646. Security product integration framework.

Sec. 1647. Information security continuous monitoring and cybersecurity scorecard.

Sec. 1648. Tier 1 exercise of support to civil authorities for a cyber incident.

Sec. 1649. Pilot program on modeling and simulation in support of military homeland defense operations in connection with cyber attacks on critical infrastructure.

Sec. 1650. Pilot program authority to enhance cybersecurity and resiliency of critical infrastructure.

Sec. 1651. Pilot program on regional cybersecurity training center for the Army National Guard.

Sec. 1652. Cyberspace Solarium Commission.

Sec. 1653. Study and report on reserve component cyber civil support teams.

Sec. 1654. Identification of countries of concern regarding cybersecurity.

Sec. 1655. Mitigation of risks to national security posed by providers of information technology products and services who have obligations to foreign governments.

Sec. 1656. Report on Cybersecurity Apprentice Program.

Sec. 1657. Report on enhancement of software security for critical systems.

Subtitle D—Nuclear forces

Sec. 1661. Under Secretary of Defense for Research and Engineering and the Nuclear Weapons Council.

Sec. 1662. Long-range standoff weapon requirements.

Sec. 1663. Acceleration of ground-based strategic deterrent program and long-range standoff weapon program.

Sec. 1664. Procurement authority for certain parts of intercontinental ballistic missile fuzes.

Sec. 1665. Prohibition on reduction of the intercontinental ballistic missiles of the United States.

Sec. 1666. Extension of prohibition on availability of funds for mobile variant of ground-based strategic deterrent missile.

Sec. 1667. Exchange program for nuclear weapons program employees.

Sec. 1668. Plan to train officers in nuclear command, control, and communications.

Sec. 1669. Independent study on options to increase Presidential decision-time regarding nuclear weapons employment.

Sec. 1670. Extension of annual report on plan for the nuclear weapons stockpile, nuclear weapons complex, nuclear weapons delivery systems, and nuclear weapons command and control system.

Sec. 1671. Plan for alignment of acquisition of warhead life extension programs and delivery vehicles for such warheads.

Sec. 1672. Annual report on development of long-range stand-off weapon.

Sec. 1673. Sense of Congress on nuclear posture of the United States.

Subtitle E—Missile Defense Programs

Sec. 1675. Development of persistent space-based sensor architecture.

Sec. 1676. Boost phase ballistic missile defense.

Sec. 1677. Extension of requirement for reports on unfunded priorities of Missile Defense Agency.

Sec. 1678. Extension of prohibition relating to missile defense information and systems.

Sec. 1679. Modification of requirement relating to transition of ballistic missile defense programs to military departments.

Sec. 1680. Modification of requirement to develop a space-based ballistic missile intercept layer.

Sec. 1681. Improvements to acquisition processes of Missile Defense Agency.

Sec. 1682. Layered defense of the United States homeland.

Sec. 1683. Testing of redesigned kill vehicle prior to production and ground-based midcourse defense acceleration options.

Sec. 1684. Requirements for ballistic missile defense capable ships.

Sec. 1685. Multiyear procurement authority for standard missile–3 IB guided missiles.

Sec. 1686. Limitation on availability of funds for Army lower tier air and missile defense sensor.

Sec. 1687. Missile defense radar in Hawaii.

Sec. 1688. Iron Dome short-range rocket defense system and Israeli cooperative missile defense program co-development and co-production.

Sec. 1689. Acceleration of hypersonic missile defense program.

Sec. 1690. Report on ballistic missile defense.

Sec. 1691. Sense of Congress on allied partnerships for missile defense.

Sec. 1692. Sense of Congress on testing by Missile Defense Agency.

Subtitle F—Other Matters

Sec. 1695. Extension of Commission to Assess the Threat to the United States from Electromagnetic Pulse Attacks and Similar Events.

Sec. 1696. Procurement of ammonium perchlorate and other chemicals for use in solid rocket motors.

Sec. 1697. Budget exhibit on support provided to entities outside Department of Defense.

Sec. 1698. Conventional prompt global strike hypersonic capabilities.

Sec. 1699. Report regarding industrial base for large solid rocket motors.

Title XVII—REVIEW OF FOREIGN INVESTMENT AND EXPORT CONTROLS

Subtitle A—Committee on Foreign Investment in the United States

Sec. 1701. Short title: Foreign Investment Risk Review Modernization Act of 2018.

Sec. 1702. Findings; sense of Congress.

Sec. 1703. Definitions.

Sec. 1704. Acceptance of written notices.

Sec. 1705. Inclusion of partnership and side agreements in notice.

Sec. 1706. Declarations for certain covered transactions.

Sec. 1707. Stipulations regarding transactions.

Sec. 1708. Authority for unilateral initiation of reviews.

Sec. 1709. Timing for reviews and investigations.

Sec. 1710. Identification of non-notified and non-declared transactions.

Sec. 1711. Submission of certifications to Congress.

Sec. 1712. Analysis by Director of National Intelligence.

Sec. 1713. Information sharing.

Sec. 1714. Action by the President.

Sec. 1715. Judicial review.

Sec. 1716. Considerations for regulations.

Sec. 1717. Membership and staff of Committee.

Sec. 1718. Actions by the Committee to address national security risks.

Sec. 1719. Modification of annual report and other reporting requirements.

Sec. 1720. Certification of notices and information.

Sec. 1721. Implementation plans.

Sec. 1722. Assessment of need for additional resources for Committee.

Sec. 1723. Funding.

Sec. 1724. Centralization of certain Committee functions.

Sec. 1725. Conforming amendments.

Sec. 1726. Briefing on information from transactions reviewed by Committee on Foreign Investment in the United States relating to foreign efforts to influence democratic institutions and processes.

Sec. 1727. Effective date.

Sec. 1728. Severability.

Subtitle B—Export Control Reform

Sec. 1741. Short title.

Sec. 1742. Definitions.

Part I—Authority and administration of controls

Sec. 1751. Short title.

Sec. 1752. Statement of policy.

Sec. 1753. Authority of the President.

Sec. 1754. Additional authorities.

Sec. 1755. Administration of export controls.

Sec. 1756. Licensing.

Sec. 1757. Compliance assistance.

Sec. 1758. Requirements to identify and control the export of emerging and foundational technologies.

Sec. 1759. Review relating to countries subject to comprehensive United States arms embargo.

Sec. 1760. Penalties.

Sec. 1761. Enforcement.

Sec. 1762. Administrative procedure.

Sec. 1763. Review of interagency dispute resolution process.

Sec. 1764. Consultation with other agencies on commodity classification.

Sec. 1765. Annual report to Congress.

Sec. 1766. Repeal.

Sec. 1767. Effect on other Acts.

Sec. 1768. Transition provisions.

Part II—Anti-Boycott Act of 2018

Sec. 1771. Short title.

Sec. 1772. Statement of policy.

Sec. 1773. Foreign boycotts.

Sec. 1774. Enforcement.

Part III—Administrative authorities

Sec. 1781. Under Secretary of Commerce for Industry and Security.

Subtitle C—Miscellaneous

Sec. 1791. Extension of authority.

Sec. 1792. Limitation on cancellation of designation of Secretary of the Air Force as Department of Defense Executive Agent for a certain Defense Production Act program.

Sec. 1793. Review of and report on certain defense technologies critical to the United States maintaining superior military capabilities.

Division B—Military Construction Authorizations

Sec. 2001. Short title.

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

Sec. 2003. Effective date.

Title XXI—Army Military Construction

Sec. 2101. Authorized Army construction and land acquisition projects.

Sec. 2102. Family housing.

Sec. 2103. Authorization of appropriations, Army.

Sec. 2104. Extension of authorizations of certain fiscal year 2015 projects.

Sec. 2105. Extension of authorizations of certain fiscal year 2016 project.

Title XXII—Navy Military Construction

Sec. 2201. Authorized Navy construction and land acquisition projects.

Sec. 2202. Family housing.

Sec. 2203. Improvements to military family housing units.

Sec. 2204. Authorization of appropriations, Navy.

Title XXIII—Air Force Military Construction

Sec. 2301. Authorized Air Force construction and land acquisition projects.

Sec. 2302. Family housing.

Sec. 2303. Improvements to military family housing units.

Sec. 2304. Authorization of appropriations, Air Force.

Sec. 2305. Modification of authority to carry out certain phased project authorized in fiscal years 2015, 2016, and 2017.

Sec. 2306. Modification of authority to carry out certain fiscal year 2017 project.

Sec. 2307. Modification of authority to carry out certain fiscal year 2018 project.

Sec. 2308. Additional authority to carry out certain fiscal year 2019 projects.

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

Title XXIV—Defense Agencies Military Construction

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

Sec. 2402. Authorized energy conservation projects.

Sec. 2403. Authorization of appropriations, defense agencies.

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

Sec. 2405. Authorization of certain fiscal year 2018 project.

Title XXV—International programs

Subtitle A—North Atlantic Treaty Organization Security Investment Program

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

Sec. 2502. Authorization of appropriations, NATO.

Subtitle B—Host country in-kind contributions

Sec. 2511. Republic of Korea funded construction projects.

Title XXVI—Guard and Reserve Forces Facilities

Subtitle A—Project Authorizations and Authorization of Appropriations

Sec. 2601. Authorized Army National Guard construction and land acquisition projects.

Sec. 2602. Authorized Army Reserve construction and land acquisition projects.

Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects.

Sec. 2604. Authorized Air National Guard construction and land acquisition projects.

Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects.

Sec. 2606. Authorization of appropriations, National Guard and Reserve.

Subtitle B—Other matters

Sec. 2611. Modification of authority to carry out certain fiscal year 2016 project.

Sec. 2612. Modification of authority to carry out certain fiscal year 2018 project.

Sec. 2613. Additional authority to carry out certain fiscal year 2019 project.

Title XXVII—Base realignment and closure activities

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

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

Sec. 2703. Prohibition on conducting additional base realignment and closure (BRAC) round.

Title XXVIII—Military Construction General Provisions

Subtitle A—Military Construction Program and Military Family Housing

Sec. 2801. Modification of contract authority for acquisition, construction, or furnishing of test facilities and equipment.

Sec. 2802. Commercial construction standards for facilities on leased property.

Sec. 2803. Congressional oversight of projects carried out pursuant to laws other than Military Construction Authorization Acts.

Sec. 2804. Small business set-aside for contracts for architectural and engineering services and construction design.

Sec. 2805. Updates and modifications to Department of Defense Form 1391, Unified Facilities Criteria, and military installation master plans.

Sec. 2806. Work in Process Curve charts and outlay tables for military construction projects.

Sec. 2807. Extension of temporary, limited authority to use operation and maintenance funds for construction projects in certain areas outside the United States.

Sec. 2808. Authority to obtain architectural and engineering services and construction design for defense laboratory modernization program.

Sec. 2809. Repeal of limitation on certain Guam project.

Sec. 2810. Enhancing force protection and safety on military installations.

Sec. 2811. Limitation on use of funds for acquisition of furnished energy for new medical center in Germany.

Subtitle B—Real Property and Facilities Administration

Sec. 2821. Force structure plans and infrastructure capabilities necessary to support the force structure.

Sec. 2822. Exemption of Department of Defense off-site use and off-site removal only non-mobile properties from certain excess property disposal requirements.

Sec. 2823. Retrofitting existing windows in military family housing units to be equipped with fall prevention devices.

Sec. 2824. Updating prohibition on use of certain assessment of public schools on Department of Defense installations to supersede funding of certain projects.

Sec. 2825. Study of feasibility of using 20-year intergovernmental support agreements for installation-support services.

Sec. 2826. Representation of installation interests in negotiations and proceedings with carriers and other public utilities.

Sec. 2827. Clarification to include National Guard installations in Readiness and Environmental Protection Integration program.

Subtitle C—Land Conveyances

Sec. 2841. Land exchange, Air Force Plant 44, Tucson, Arizona.

Sec. 2842. Authority for transfer of administrative jurisdiction over certain lands, Marine Corps Air Ground Combat Center Twentynine Palms, California, and Marine Corps Air Station Yuma, Arizona.

Sec. 2843. Environmental restoration and future conveyance of portion of former Mare Island Firing Range, Vallejo, California.

Sec. 2844. Release of restrictions, University of California, San Diego.

Sec. 2845. Land exchange, Naval support activity, Washington Navy Yard, District of Columbia.

Sec. 2846. Land conveyance, Eglin Air Force Base, Florida.

Sec. 2847. Public inventory of Guam land parcels for transfer to Government of Guam.

Sec. 2848. Modification of conditions on land conveyance, Joliet Army Ammunition Plant, Illinois.

Sec. 2849. Land conveyance, Naval Academy dairy farm, Gambrills, Maryland.

Sec. 2850. Technical correction of description of Limestone Hills Training Area Land Withdrawal and Reservation, Montana.

Sec. 2851. Land conveyance, Wasatch-Cache National Forest, Rich County, Utah.

Sec. 2852. Commemoration of Freedman's Village.

Subtitle D—Other Matters

Sec. 2861. Defense community infrastructure pilot program.

Sec. 2862. Strategic plan to improve capabilities of Department of Defense training ranges and installations.

Sec. 2863. Restrictions on use of funds for development of public infrastructure in Commonwealth of Northern Mariana Islands.

Sec. 2864. Study and report on inclusion of Coleman Bridge, York River, Virginia, in Strategic Highway Network.

Sec. 2865. Defense access roads relating to closures due to sea level fluctuation and flooding.

Sec. 2866. Authority to transfer funds for construction of Indian River Bridge.

Sec. 2867. Plan to allow increased public access to the National Naval Aviation Museum and Barrancas National Cemetery, Naval Air Station Pensacola.

Title XXIX—Overseas Contingency Operations Military Construction

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

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

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

Sec. 2904. Authorized defense agencies construction and land acquisition projects.

Sec. 2905. Authorization of appropriations.

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

Division C—DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS

Title XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Subtitle A—National Security Programs and Authorizations

Sec. 3101. National Nuclear Security Administration.

Sec. 3102. Defense environmental cleanup.

Sec. 3103. Other defense activities.

Sec. 3104. Nuclear energy.

Subtitle B—Program Authorizations, Restrictions, and Limitations

Sec. 3111. Development of low-yield nuclear weapons.

Sec. 3112. Department of Energy counterintelligence polygraph program.

Sec. 3113. Inclusion of capital assets acquisition projects in activities by Director for Cost Estimating and Program Evaluation.

Sec. 3114. Modification of authority for acceptance of contributions for acceleration of removal or security of fissile materials, radiological materials, and related equipment at vulnerable sites worldwide.

Sec. 3115. Notification regarding air release of radioactive or hazardous material at Hanford Nuclear Reservation.

Sec. 3116. Amendments to the Atomic Energy Act of 1954.

Sec. 3117. Extension of enhanced procurement authority to manage supply chain risk.

Sec. 3118. Hanford waste tank cleanup program.

Sec. 3119. Use of funds for construction and project support activities relating to MOX facility.

Sec. 3120. Plutonium pit production.

Sec. 3121. Pilot program on conduct by Department of Energy of background reviews for access by certain individuals to national security laboratories.

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

Sec. 3123. Prohibition on availability of funds for research and development of advanced naval nuclear fuel system based on low-enriched uranium.

Sec. 3124. Limitation on availability of funds relating to submission of annual reports on unfunded priorities.

Subtitle C—Plans and Reports

Sec. 3131. Modifications to cost-benefit analyses for competition of management and operating contracts.

Sec. 3132. Nuclear forensics analyses.

Sec. 3133. Review of defense environmental cleanup activities.

Sec. 3134. Whistleblower protections.

Sec. 3135. Implementation of Nuclear Posture Review by National Nuclear Security Administration.

Sec. 3136. Survey of workforce of national security laboratories and nuclear weapons production facilities.

Sec. 3137. Elimination of certain reports.

Subtitle D—Other Matters

Sec. 3141. Acceleration of replacement of cesium blood irradiation sources.

Sec. 3142. Sense of Congress regarding compensation of individuals relating to 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

Subtitle A—Maritime Administration

Sec. 3501. Authorization of the Maritime Administration.

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

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

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

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

Sec. 3506. Concurrent jurisdiction.

Sec. 3507. United States Merchant Marine Academy policy on sexual harassment, dating violence, domestic violence, sexual assault, and stalking.

Sec. 3508. Report on implementation of recommendations for the United States Merchant Marine Academy Sexual Assault Prevention and Response Program.

Sec. 3509. Report on the application of the Uniform Code of Military Justice to the United States Merchant Marine Academy.

Sec. 3510. Electronic records on mariner availability to meet national security needs.

Sec. 3511. Small shipyard grants.

Sec. 3512. Sea year on contracted vessels.

Sec. 3513. GAO report on national maritime strategy.

Sec. 3514. Multi-year contracts.

Sec. 3515. Miscellaneous.

Sec. 3516. Department of Transportation Inspector General report on Title XI program.

Subtitle B—Coast Guard

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

Sec. 3522. Preliminary development and demonstration.

Sec. 3523. Contract termination.

Sec. 3524. Reimbursement for travel expenses.

Sec. 3525. Capital investment plan.

Sec. 3526. Major acquisition program risk assessment.

Sec. 3527. Marine safety implementation status.

Sec. 3528. Retirement of Vice Commandant.

Sec. 3529. Large recreational vessel regulations.

Subtitle C—Coast Guard and Shipping Technical Corrections

Chapter 1—Coast Guard

Sec. 3531. Commandant defined.

Sec. 3532. Training course on workings of Congress.

Sec. 3533. Miscellaneous.

Sec. 3534. Department of Defense consultation.

Sec. 3535. Repeal.

Sec. 3536. Mission need statement.

Sec. 3537. Continuation on active duty.

Sec. 3538. System acquisition authorization.

Sec. 3539. Inventory of real property.

Chapter 2—Maritime Transportation

Sec. 3541. Definitions.

Sec. 3542. Authority to exempt vessels.

Sec. 3543. Passenger vessels.

Sec. 3544. Tank vessels.

Sec. 3545. Grounds for denial or revocation.

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

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

Sec. 3548. Miscellaneous corrections.

Division D—Funding Tables

Sec. 4001. Authorization of amounts in funding tables.

Title XLI—PROCUREMENT

Sec. 4101. Procurement.

Sec. 4102. Procurement for overseas contingency operations.

Title XLII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

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

Sec. 4202. Research, development, test, and evaluation for overseas contingency 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. National Guard and reserve component equipment report.

Sec. 112. Deployment by the Army of an interim cruise missile defense capability.

Subtitle C—Navy Programs

Sec. 121. Procurement authority for Ford class aircraft carrier program.

Sec. 122. Full ship shock trial for Ford class aircraft carrier.

Sec. 123. Sense of Congress on accelerated production of aircraft carriers.

Sec. 124. Multiyear procurement authority for standard missile–6.

Sec. 125. Multiyear procurement authority for E–2D aircraft.

Sec. 126. Multiyear procurement authority for F/A–18E/F aircraft and EA–18G aircraft.

Sec. 127. Modifications to F/A–18 aircraft to mitigate physiological episodes.

Sec. 128. Frigate class ship program.

Sec. 129. Contract requirement for Virginia class submarine program.

Sec. 130. Prohibition on availability of funds for Navy port waterborne security barriers.

Sec. 131. Extension of limitation on use of sole-source shipbuilding contracts for certain vessels.

Sec. 132. Limitation on availability of funds for M27 Infantry Automatic Rifle program.

Sec. 133. Report on degaussing standards for DDG–51 destroyers.

Subtitle D—Air Force Programs

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

Sec. 142. Multiyear procurement authority for C–130J aircraft program.

Sec. 143. Contract for logistics support for VC–25B aircraft.

Sec. 144. Retirement date for VC–25A aircraft.

Sec. 145. Repeal of funding restriction for EC–130H Compass Call Recapitalization Program.

Sec. 146. Limitation on use of funds for KC–46A aircraft pending submittal of certification.

Sec. 147. Limitation on availability of funds for retirement of E–8 JSTARS Aircraft.

Sec. 148. Report on modernization of B–52H aircraft systems.

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

Sec. 151. Procurement authority for additional icebreaker vessels.

Sec. 152. Buy-to-budget acquisition of F–35 aircraft.

Sec. 153. Certification on inclusion of technology to minimize physiological episodes in certain aircraft.

Sec. 154. Armored commercial passenger-carrying vehicles.

Sec. 155. Quarterly updates on the F–35 Joint Strike Fighter program.

A

Authorization Of Appropriations

101.

Authorization of appropriations

Funds are hereby authorized to be appropriated for fiscal year 2019 for procurement for the Army, the Navy and the Marine Corps, the Air Force, and Defense-wide activities, as specified in the funding table in section 4101.

B

Army Programs

111.

National Guard and reserve component equipment report

(a)

In general

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

(10)

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

(A)

AH–64 Attack Helicopters;

(B)

UH–60 Black Hawk Utility Helicopters;

(C)

Abrams Main Battle Tanks;

(D)

Bradley Infantry Fighting Vehicles;

(E)

Stryker Combat Vehicles; and

(F)

any other items of equipment identified as high priority by the Chief of Staff of the Army or the Chief of the National Guard Bureau.

.

(b)

Effective date

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

112.

Deployment by the Army of an interim cruise missile defense capability

(a)

Certification required

Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall certify to the congressional defense committees whether there is a need for the Army to deploy an interim missile defense capability.

(b)

Deployment

(1)

In general

If the Secretary of Defense certifies that there is a need for the Army to deploy an interim missile defense capability under subsection (a), the Secretary of the Army shall deploy the capability as follows:

(A)

Two batteries of the capability shall be deployed by not later than September 30, 2020.

(B)

Two additional batteries of the capability shall be deployed by not later than September 30, 2023.

(2)

Achievement of deployment deadlines

In order to meet the deadlines for deployment specified in paragraph (1) the Secretary of the Army may—

(A)

deploy systems that require the least amount of development;

(B)

procure non-developmental air and missile defense systems currently in production to ensure rapid delivery of capability;

(C)

use existing systems, components, and capabilities already in the Joint Force inventory, including rockets and missiles as available;

(D)

use operational information technology for communication, detection, and fire control that is certified to work with existing joint information technology systems to ensure interoperability;

(E)

engage and collaborate with officials, organizations, and activities of the Department of Defense with responsibilities relating to science and technology, engineering, testing, and acquisition, including the Defense Innovation United Experimental, the Director of Operational Test and Evaluation, the Defense Digital Service, the Strategic Capabilities Office, and the Rapid Capabilities offices, to accelerate the development, testing, and deployment of existing systems;

(F)

use institutional and operational basing to facilitate rapid training and fielding;

(G)

consider a range of direct energy weapon systems to compete for the 2023 deployment specified in paragraph (1)(B); and

(H)

carry out such other activities as the Secretary determines to be appropriate.

(3)

Authorities

In carrying out paragraphs (1) and (2), Secretary of the Army may use any authority of the Secretary relating to acquisition, technology transfer, and personnel management that the Secretary considers appropriate, including rapid acquisition and rapid prototyping authorities, to resource and procure an interim missile defense capability.

(4)

Waiver

The Secretary of the Army may waive the deadlines for deployment specified in paragraph (1) if the Secretary determines that sufficient funds have not been appropriated to enable the Secretary to meet such deadlines.

(c)

In general

If the Secretary of the Army will deploy an interim missile defense capability pursuant to subsection (b), then, by not later than March 1, 2019, the Secretary, in consultation with the Chief of Staff of the Army, shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing that includes—

(1)

recommendations identifying any interim missile defense capabilities to be deployed and a proposed rapid acquisition schedule for such capabilities;

(2)

a plan to rapidly resource any identified shortfalls for any such capability selected for deployment; and

(3)

a schedule and timeline for the fielding and deployment of any such capability.

(d)

Interim missile defense capability defined

In this section, the term interim missile defense capability means a fixed-site, cruise missile defense capability that may be deployed before the Indirect Fire Protection Capability of the Army becomes fully operational.

C

Navy Programs

121.

Procurement authority for Ford class aircraft carrier program

(a)

Contract authority

(1)

Procurement authorized

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

(2)

Procurement in conjunction with CVN–80

The aircraft carrier authorized to be procured under paragraph (1) may be procured as an addition to the contract covering the Ford class aircraft carrier designated CVN–80 that is authorized to be constructed under section 121 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2104).

(b)

Certification required

A contract may not be entered into under subsection (a) unless the Secretary of Defense certifies to the congressional defense committees, in writing, not later than 30 days before entry into the contract, each of the following, which shall be prepared by the milestone decision authority for the Ford class aircraft carrier program:

(1)

The use of such a contract will result in significant savings compared to the total anticipated costs of carrying out the program through annual contracts. In certifying cost savings under the preceding sentence, the Secretary shall include a written explanation of—

(A)

the estimated obligations and expenditures by fiscal year for CVN–80 and CVN–81, by hull, without the authority provided in subsection (a);

(B)

the estimated obligations and expenditures by fiscal year for CVN–80 and CVN–81, by hull, with the authority provided in subsection (a);

(C)

the estimated cost savings or increase by fiscal year for CVN–80 and CVN–81, by hull, with the authority provided in subsection (a);

(D)

the discrete actions that will accomplish such cost savings or avoidance; and

(E)

the contractual actions that will ensure the estimated cost savings are realized.

(2)

There is a reasonable expectation that throughout the contemplated contract period the Secretary of Defense will request funding for the contract at the level required to avoid contract cancellation.

(3)

There is a stable design for the property to be acquired and that the technical risks associated with such property are not excessive.

(4)

The estimates of both the cost of the contract and the anticipated cost avoidance through the use of a contract authorized under subsection (a) are realistic.

(5)

The use of such a contract will promote the national security of the United States.

(6)

During the fiscal year in which such contract is to be awarded, sufficient funds will be available to perform the contract in such fiscal year, and the future-years defense program (as defined under section 221 of title 10, United States Code) for such fiscal year will include the funding required to execute the program without cancellation.

(7)

The contract will be a fixed price type contract.

(c)

Use of incremental funding

With respect to a contract entered into under subsection (a), the Secretary of the Navy may use incremental funding to make payments under the contract. No such payments may be obligated after the date that is 11 months after the date on which the fitting out of the aircraft carrier associated with the contract is completed.

(d)

Liability

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

(e)

Condition for out-year contract payments

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

(f)

Milestone decision authority defined

In this section, the term milestone decision authority has the meaning given that term in section 2366a(d) of title 10, United States Code.

122.

Full ship shock trial for Ford class aircraft carrier

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

123.

Sense of Congress on accelerated production of aircraft carriers

It is the sense of Congress that the United States should accelerate the production of aircraft carriers to rapidly achieve the Navy’s goal of having 12 operational aircraft carriers.

124.

Multiyear procurement authority for standard missile–6

(a)

Authority for multiyear procurement

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

(b)

Authority for advance procurement and economic order quantity

The Secretary may enter into one or more contracts for advance procurement associated with the missiles (including economic order quantity) for which authorization to enter into a multiyear procurement contract is provided under subsection (a).

(c)

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.

(d)

Covered period defined

In this section, the term covered period means the 5-year period beginning with the fiscal year 2019 program year and ending with the fiscal year 2023 program year.

125.

Multiyear procurement authority for E–2D aircraft

(a)

Authority for multiyear procurement

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

(b)

Condition for out-year contract payments

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

126.

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

(a)

Authority for multiyear procurement

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

(1)

F/A–18E/F aircraft.

(2)

EA–18G aircraft.

(b)

Condition for out-year contract payments

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

(c)

Authority for advance procurement and economic order quantity

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

127.

Modifications to F/A–18 aircraft to mitigate physiological episodes

(a)

Modifications required

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

(1)

replacement of the F/A–18 cockpit altimeter;

(2)

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

(3)

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

(4)

installation of equipment associated with improved F/A–18 physiological monitoring and alert systems.

(b)

Report required

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

(c)

Waiver

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

128.

Frigate class ship program

(a)

In general

As part of the solicitation for proposals for the procurement of any frigate class ship in any of fiscal years 2019, 2020, or 2021, the Secretary of the Navy shall require that offerors submit proposals under which the offeror agrees to convey technical data to the Federal Government in the event the offeror is awarded the frigate construction contract associated with the proposal.

(b)

Technical data defined

In this section, the term technical data means a compilation of detailed engineering plans and specifications for the construction of a frigate class ship.

129.

Contract requirement for Virginia class submarine program

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

(1)

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

(2)

by inserting after subsection (c), the following:

(d)

Contract requirement

(1)

In general

The Secretary of the Navy shall ensure that a contract entered into under subsection (a) includes an option to procure a Virginia class submarine in each of fiscal years 2022 and 2023.

(2)

Option defined

In this subsection, the term option has the meaning given that term in part 2.101 of the Federal Acquisition Regulation.

.

130.

Prohibition on availability of funds for Navy port waterborne security barriers

(a)

Prohibition

Except as provided in subsections (b) and (c), none of the funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense for fiscal year 2019 may be obligated or expended to procure legacy waterborne security barriers for Navy ports.

(b)

Waiver

The Secretary of the Navy may waive the prohibition in subsection (a) not less than 30 days after submitting to the congressional defense committees—

(1)

a Navy requirements document that specifies key performance parameters and key system attributes for new waterborne security barriers for Navy ports;

(2)

a certification that the level of capability specified under paragraph (1) will meet or exceed that of legacy waterborne security barriers for Navy ports;

(3)

the acquisition strategy for the recapitalization of legacy waterborne security barriers for Navy ports, which shall meet or exceed the requirements specified under paragraph (1); and

(4)

a certification that any contract for new waterborne security barriers for a Navy port will be awarded in accordance with the requirements for full and open competition set forth in section 2304 of title 10, United States Code.

(c)

Exception

The prohibition in subsection (a) shall not apply to any of the following activities:

(1)

The sustainment, refurbishment, and replacement of portions of existing waterborne security barriers at Navy ports due to normal wear and tear.

(2)

The procurement of new waterborne security barriers for Navy ports due to exigent circumstances.

131.

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

Section 124 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328), as amended by section 127 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91), is further amended by striking or fiscal year 2018 and inserting , fiscal year 2018, or fiscal year 2019.

132.

Limitation on availability of funds for M27 Infantry Automatic Rifle program

(a)

Limitation

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

(b)

Assessment

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

(1)

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

(2)

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

133.

Report on degaussing standards for DDG–51 destroyers

(a)

Report required

Not later than February 1, 2019, the Secretary of the Navy shall submit to the congressional defense committees a report on degaussing standards for the DDG–51 destroyer.

(b)

Elements

The report required under subsection (a) shall include—

(1)

a detailed description of the current degaussing standards for the DDG–51 destroyer;

(2)

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

(3)

an assessment of the requirement to backfit such standards to in-service destroyers.

D

Air Force Programs

141.

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

(a)

Inventory requirement

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

(j)
(1)

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

(2)

The Secretary of the Air Force may reduce the number of air refueling tanker aircraft in the total aircraft inventory of the Air Force below 479 only if—

(A)

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

(B)

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

(3)

In this subsection:

(A)

The term air refueling tanker aircraft means an aircraft that has as its primary mission the refueling of other aircraft.

(B)

The term total aircraft inventory means aircraft authorized to a flying unit for operations or training.

.

(b)

Limitation on retirement of KC–10A

(1)

In general

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

(2)

Exception for certain aircraft

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

142.

Multiyear procurement authority for C–130J aircraft program

(a)

Authority for multiyear procurement

Subject to section 2306b of title 10, United States Code, the Secretary of the Air Force may enter into one or more multiyear contracts, beginning with the fiscal year 2019 program year, for the procurement of—

(1)

C–130J aircraft for the Air Force; and

(2)

C–130J aircraft for the Navy and the Marine Corps pursuant to the agreement described in subsection (b).

(b)

Agreement described

The agreement described in this subsection is the agreement between the Secretary of the Navy and the Secretary of the Air Force under which the Secretary of the Air Force acts as the executive agent for the Department of the Navy for purposes of procuring C–130J aircraft for such Department.

(c)

Authority for advance procurement and economic order quantity

The Secretary of the Air Force may enter into one or more contracts for advance procurement associated with the C–130J aircraft, including economic order quantity, for which authorization to enter into a multiyear procurement contract is provided under subsection (a).

(d)

Condition for out-Year contract payments

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

(e)

Treatment of fiscal year 2018 aircraft

The multiyear contract authority under subsection (a) includes C–130J aircraft for which funds were appropriated for fiscal year 2018.

143.

Contract for logistics support for VC–25B aircraft

The Secretary of the Air Force shall—

(1)

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

(2)

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

144.

Retirement date for VC–25A aircraft

(a)

In general

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

(b)

Covered aircraft defined

In this section, the term covered aircraft means the two VC–25A aircraft of the Air Force that are in service as of the date of the enactment of this Act.

145.

Repeal of funding restriction for EC–130H Compass Call Recapitalization Program

Section 131 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2037) is repealed.

146.

Limitation on use of funds for KC–46A aircraft pending submittal of certification

(a)

Certification required

The Secretary of the Air Force shall submit to the congressional defense committees certification that, as of the date of the certification—

(1)

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

(2)

the Air Force has accepted the delivery of the first KC–46A aircraft.

(b)

Limitation on use of funds

(1)

Limitation

Notwithstanding any other provision of this Act, none of the funds authorized to be appropriated or otherwise made available by this Act for fiscal year 2019 for Aircraft Procurement, Air Force, may be obligated or expended to procure the covered aircraft until the Secretary of the Air Force submits the certification required under subsection (a).

(2)

Covered aircraft defined

In this subsection, the term covered aircraft means three of the KC–46A aircraft authorized to be procured by this Act.

147.

Limitation on availability of funds for retirement of E–8 JSTARS Aircraft

(a)

Limitation on availability of funds for retirement

Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 or any subsequent fiscal year for the Air Force may be obligated or expended to retire, or prepare to retire, any E–8 Joint Surveillance Target Attack Radar System aircraft until the date on which the Secretary of the Defense certifies to the congressional defense committees that Increment 2 of the Advanced Battle-Management System of the Air Force has declared initial operational capability as defined in the Capability Development Document for the System.

(b)

Exception

The limitation in subsection (a) shall not apply to individual E–8C Joint Surveillance Target Attack Radar System aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be no longer mission capable because of mishaps, other damage, or being uneconomical to repair.

(c)

Certification required

Not later than March 1, 2019, the Secretary of Defense, on a nondelegable basis, shall certify to the congressional defense committees that—

(1)

the Secretary of the Air Force is taking all reasonable steps to ensure the legacy E–8C Joint Surveillance Target Radar System aircraft that the Air Force continues to operate meet all safety requirements;

(2)

the Secretary of the Air Force has developed and implemented a funding strategy to increase the operational and maintenance availability of the legacy E–8C Joint Surveillance Target Radar System aircraft that the Air Force continues to operate;

(3)

the Advanced Battle-Management System Increment 1, 2, and 3 acquisition and fielding strategy is executable and that sufficient funds will be available to achieve all elements of the System as described in the Capability Development Document for the System; and

(4)

in coordination with each separate geographic combatant commander, that the Secretary of the Air Force is implementing defined and measurable actions to meet the operational planning and steady-state force presentation requirements for Ground-Moving Target Indicator intelligence and Battle-Management, Command and Control towards a moderate level of risk until Increment 2 of the Advanced Battle-Management System declares initial operational capability.

(d)

GAO report and briefing

(1)

Report required

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

(A)

the technologies that compose the capability and the level of maturation of such technologies;

(B)

the resources budgeted for the capability;

(C)

the fielding plan for the capability;

(D)

any risk assessments associated with the capability; and

(E)

the overall acquisition strategy for the capability.

(2)

Interim briefing

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

(e)

Air Force report

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

(1)

the modernization and sustainment strategy, and associated costs, for the airframe and mission systems that will be used to maintain the legacy fleet of such aircraft until the planned retirement of the aircraft; and

(2)

a plan that will provide combatant commanders with an increased level of E–8C force support.

(f)

E–8C force presentation requirement

(1)

In general

Beginning not later than October 1, 2020, and until the retirement of the E–8C aircraft fleet, the Secretary of the Air Force shall provide not fewer than 6 dedicated E–8C aircraft each fiscal year for allocation to the geographical combatant commanders through the Intelligence, Surveillance, and Reconnaissance Global Force Management Allocation Process.

(2)

Exception

If the Secretary of the Air Force is unable to meet the requirements of paragraph (1), the Secretary of Defense, on a nondelegable basis, may waive the requirements for a fiscal year and shall provide to the congressional defense committees a notice of waiver issuance and justification.

(g)

Air Force briefing requirement

Beginning not later than October 1, 2018, and on a quarterly basis thereafter, the Secretary of the Air Force shall provide to the congressional defense committees a program update briefing on the Advanced Battle-Management System of the Air Force, and all associated technologies.

148.

Report on modernization of B–52H aircraft systems

(a)

Report required

Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report on the long term modernization of the B–52H aircraft.

(b)

Elements

The report required under subsection (a) shall include—

(1)

an estimated timeline for the modernization of the B–52H aircraft; and

(2)

modernization requirements with respect to the integrated systems of the aircraft, including—

(A)

electronic warfare and defensive systems;

(B)

communications, including secure jam resistant capability;

(C)

radar replacement;

(D)

engine replacement;

(E)

future weapons and targeting capability; and

(F)

mission planning systems.

E

Defense-wide, Joint, and Multiservice Matters

151.

Procurement authority for additional icebreaker vessels

(a)

Procurement authority

(1)

In general

In addition to the icebreaker vessel authorized to be procured under section 122(a) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91), the Secretary of the department in which the Coast Guard is operating may enter into one or more contracts for the procurement of up to five additional polar-class icebreaker vessels.

(2)

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 2019 is subject to the availability of appropriations or funds for that purpose for such later fiscal year.

(b)

Sense of Congress

It is the sense of Congress that the Coast Guard should maintain an inventory of not fewer than six polar-class icebreaker vessels beginning not later than fiscal year 2029 and, to achieve such inventory, should—

(1)

award a contract for the first new polar-class icebreaker not later than fiscal year 2019;

(2)

deliver the first new polar-class icebreaker not later than fiscal year 2023;

(3)

start construction on the second through sixth new polar-class icebreakers at a rate of one vessel per year in fiscal years 2022 through 2026; and

(4)

accept delivery of the second through sixth new polar-class icebreakers at a rate of one vessel per year in fiscal years 2025 through 2029.

152.

Buy-to-budget acquisition of F–35 aircraft

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

153.

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

(a)

Certification required

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

(b)

Waiver

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

(1)

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

(2)

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

(c)

Termination

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

(d)

Definitions

In this section:

(1)

The term covered aircraft means a fighter aircraft, an attack aircraft, or a fixed wing trainer aircraft.

(2)

The term Secretary concerned means—

(A)

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

(B)

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

154.

Armored commercial passenger-carrying vehicles

(a)

Implementation of GAO recommendations

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

(1)

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

(2)

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

(b)

Briefing required

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

(1)

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

(2)

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

155.

Quarterly updates on the F–35 Joint Strike Fighter program

(a)

In general

Beginning not later than October 1, 2018, and on a quarterly basis thereafter through October 1, 2022, the Under Secretary of Defense for Acquisition and Sustainment shall provide to the congressional defense committees a briefing on the progress of the F–35 Joint Strike Fighter program.

(b)

Elements

Each briefing under subsection (a) shall include, with respect to the F–35 Joint Strike Fighter program, the following elements:

(1)

An overview of the program schedule.

(2)

A description of each contract awarded under the program, including a description of the type of contract and the status of the contract.

(3)

An assessment of the status of the program with respect to—

(A)

modernization;

(B)

modification;

(C)

testing;

(D)

delivery;

(E)

sustainment;

(F)

program management; and

(G)

efforts to ensure that excessive sustainment costs do not threaten the ability of the Department of Defense to purchase the required number of aircraft.

II

Research, development, test, and evaluation

Subtitle A—Authorization of appropriations

Sec. 201. Authorization of appropriations.

Subtitle B—Program requirements, restrictions, and limitations

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

Sec. 212. Extension of directed energy prototype authority.

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

Sec. 214. Limitation on availability of funds for F–35 continuous capability development and delivery.

Sec. 215. Limitation on availability of funds pending report on agile software development and software operations.

Sec. 216. Limitation on availability of funds for certain high energy laser advanced technology.

Sec. 217. Plan for the Strategic Capabilities Office of the Department of Defense.

Sec. 218. National Defense Science and Technology Strategy.

Sec. 219. Modification of CVN–73 to support fielding of MQ–25 unmanned aerial vehicle.

Sec. 220. Establishment of innovators information repository in the Department of Defense.

Sec. 221. Strategic plan for Department of Defense test and evaluation resources.

Sec. 222. Collaboration between Defense laboratories, industry, and academia; open campus program.

Sec. 223. Permanent extension and codification of authority to conduct technology protection features activities during research and development of defense systems.

Sec. 224. Codification and reauthorization of Defense Research and Development Rapid Innovation Program.

Sec. 225. Procedures for rapid reaction to emerging technology.

Sec. 226. Activities on identification and development of enhanced personal protective equipment against blast injury.

Sec. 227. Human factors modeling and simulation activities.

Sec. 228. Expansion of mission areas supported by mechanisms for expedited access to technical talent and expertise at academic institutions.

Sec. 229. Advanced manufacturing activities.

Sec. 230. National security innovation activities.

Sec. 231. Partnership intermediaries for promotion of defense research and education.

Sec. 232. Limitation on use of funds for Surface Navy Laser Weapon System.

Sec. 233. Expansion of coordination requirement for support for national security innovation and entrepreneurial education.

Sec. 234. Defense quantum information science and technology research and development program.

Sec. 235. Joint directed energy test activities.

Sec. 236. Requirement for establishment of arrangements for expedited access to technical talent and expertise at academic institutions to support Department of Defense missions.

Sec. 237. Authority for Joint Directed Energy Transition Office to conduct research relating to high powered microwave capabilities.

Sec. 238. Joint artificial intelligence research, development, and transition activities.

Subtitle C—Reports and other matters

Sec. 241. Report on survivability of air defense artillery.

Sec. 242. T–45 aircraft physiological episode mitigation actions.

Sec. 243. Report on efforts of the Air Force to mitigate physiological episodes affecting aircraft crewmembers.

Sec. 244. Report on Defense Innovation Unit Experimental.

Sec. 245. Modification of funding criteria under Historically Black Colleges and Universities and minority institutions program.

Sec. 246. Report on OA–X light attack aircraft applicability to partner nation support.

Sec. 247. Reports on comparative capabilities of adversaries in key technology areas.

Sec. 248. Report on active protection systems for armored combat and tactical vehicles.

Sec. 249. Next Generation Combat Vehicle.

Sec. 250. Modification of reports on mechanisms to provide funds to defense laboratories for research and development of technologies for military missions.

Sec. 251. Briefings on Mobile Protected Firepower and Future Vertical Lift programs.

Sec. 252. Improvement of the Air Force supply chain.

Sec. 253. Review of guidance on blast exposure during training.

Sec. 254. Competitive acquisition strategy for Bradley Fighting Vehicle transmission replacement.

Sec. 255. Independent assessment of electronic warfare plans and programs.

A

Authorization of appropriations

201.

Authorization of appropriations

Funds are hereby authorized to be appropriated for fiscal year 2019 for the use of the Department of Defense for research, development, test, and evaluation, as specified in the funding table in section 4201.

B

Program requirements, restrictions, and limitations

211.

Modification of authority to carry out certain prototype projects

Section 2371b of title 10, United States Code, is amended—

(1)

in subsection (a)(2)—

(A)

in subparagraph (A), in the matter before clause (i), by striking (for a prototype project) and inserting for a prototype project, and any follow-on production contract or transaction that is awarded pursuant to subsection (f),;

(B)

in subparagraph (B)—

(i)

in the matter before clause (i), by striking (for a prototype project) and inserting for a prototype project, and any follow-on production contract or transaction that is awarded pursuant to subsection (f),; and

(ii)

in clause (i), in the matter before subclause (I), by striking Under Secretary of Defense for Acquisition, Technology, and Logistics and inserting Under Secretary of Defense for Research and Engineering or the Under Secretary of Defense for Acquisition and Sustainment;

(C)

in paragraph (3), by striking Under Secretary of Defense for Acquisition, Technology, and Logistics and inserting Under Secretaries of Defense;

(2)

in subsection (b)(2), by inserting the prototype after carry out; and

(3)

in subsection (f)—

(A)

by redesignating paragraph (3) as paragraph (5); and

(B)

by inserting after paragraph (2) the following new paragraphs:

(3)

A follow-on production contract or transaction may be awarded, pursuant to this subsection, when the Department determines that an individual prototype or prototype subproject as part of a consortium is successfully completed by the participants.

(4)

Award of a follow-on production contract or transaction pursuant to the terms under this subsection is not contingent upon the successful completion of all activities within a consortium as a condition for an award for follow-on production of a successfully completed prototype or prototype subproject within that consortium.

.

212.

Extension of directed energy prototype authority

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

(1)

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

(2)

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

(3)

by inserting after subparagraph (A) the following:

(B)

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

; and

(4)

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

213.

Prohibition on availability of funds for the Weather Common Component program

(a)

Prohibition

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

(b)

Report required

(1)

In general

The Secretary of the Air Force shall submit to the congressional defense committees a report on technologies and capabilities that—

(A)

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

(B)

were developed primarily using funds of the Department of Defense.

(2)

Elements

The report under paragraph (1) shall include—

(A)

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

(B)

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

(C)

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

(D)

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

(E)

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

(F)

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

214.

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

(a)

Limitation

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

(b)

Exception

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

215.

Limitation on availability of funds pending report on agile software development and software operations

(a)

Limitation

Of the of funds described in subsection (d), not more than 80 percent may be obligated or expended until a period of 30 days has elapsed following the date on which the Secretary of the Air Force submits the report required under subsection (b).

(b)

Report

Not later than 60 days after the date of the enactment of this Act, the Secretary of the Air Force, in consultation with the Director of Defense Pricing/Defense Procurement and Acquisition Policy and the Director of the Defense Digital Service, shall submit to the congressional defense committees a report that includes a description of each of the following:

(1)

How cost estimates in support of modernization and upgrade activities for Air and Space Operations Centers are being conducted and using what methods.

(2)

The contracting strategy and types of contracts being used to execute Agile Software Development and Software Operations (referred to in this section as Agile DevOps) activities.

(3)

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

(4)

A description of the tools and software applications that have been developed for the Air and Space Operations Centers and the costs and cost categories associated with each.

(5)

Challenges the Air Force has faced in executing acquisition activities modernizing the Air and Space Operations Centers and how the Air Force plans to address the challenges identified.

(6)

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

(c)

Review

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

(d)

Funds described

The funds described in this subsection are the following:

(1)

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

(2)

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

216.

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

(a)

Limitation

Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for the Department of Defense for High Energy Laser Advanced Technology (PE 0603924D8Z), not more than 50 percent may be obligated or expended until the date on which the Secretary of Defense submits to the congressional defense committees a roadmap and detailed assessment of the high energy laser programs of the Department of Defense, which shall include plans for coordination across the Department and transition to programs of record.

(b)

Rule of construction

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

217.

Plan for the Strategic Capabilities Office of the Department of Defense

(a)

Plan required

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

(1)

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

(2)

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

(3)

to retain the Strategic Capabilities Office.

(b)

Elements

The plan required under subsection (a) shall include the following:

(1)

A timeline for the potential elimination, transfer, or retention of some or all of the activities, functions, programs, plans, and resources of the Strategic Capabilities Office.

(2)

A strategy for mitigating risk to the programs of the Strategic Capabilities Office.

(3)

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

(4)

An assessment of the transition outcomes, research portfolio, and mission accomplishment in the key functions of the Strategic Capabilities Office described in subsection (c).

(5)

An assessment of the relationship of the Strategic Capabilities Office with—

(A)

the acquisition and rapid capabilities programs of the military departments;

(B)

Department laboratories;

(C)

the Defense Advanced Research Projects Agency; and

(D)

other research and development activities.

(6)

Assessment of management and bureaucratic challenges to the effective and efficient execution of the Strategic Capabilities Office missions, especially with respect to contracting and personnel management.

(c)

Key functions described

The key functions described in this subsection are the following:

(1)

Repurposing existing Government and commercial systems for new technological advantage.

(2)

Developing novel concepts of operation that are lower cost, more effective, and more responsive to changing threats than traditional concepts of operation.

(3)

Developing joint systems and concepts of operations to meet emerging threats and military requirements based on partnerships with the military departments and combatant commanders.

(4)

Developing prototypes and new concepts of operations that can inform the development of requirements and the establishment of acquisition programs.

(d)

Form of plan

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

218.

National Defense Science and Technology Strategy

(a)

Annual strategy

(1)

In general

Not later than February 4, 2019, the Secretary of Defense shall develop a strategy—

(A)

to articulate the science and technology priorities, goals, and investments of the Department of Defense; and

(B)

to make recommendations on the future of the defense research and engineering enterprise and its continued success in an era of strategic competition.

(2)

Elements

The strategy required by paragraph (1) shall—

(A)

be aligned with the National Defense Strategy and Governmentwide strategic science and technology priorities, including the defense budget priorities of the Office of Science and Technology Policy of the President;

(B)

link the priorities, goals, and outcomes in paragraph (1)(A) with needed critical enablers to specific programs, or broader portfolios, including—

(i)

personnel and workforce capabilities;

(ii)

facilities for research and test infrastructure;

(iii)

relationships with academia, the acquisition community, the operational community, and the commercial sector; and

(iv)

funding, investments, personnel, facilities, and relationships with departments, agencies, or other Federal entities outside the Department of Defense without which defense capabilities would be severely degraded;

(C)

evaluate the coordination of acquisition priorities, programs, and timelines of the Department with the activities of the defense research and engineering enterprise; and

(D)

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

(3)

Annual updates

Not less frequently than once each year, the Secretary shall revise and update the strategy required by paragraph (1).

(4)

Annual reports

(A)

Not later than February 4, 2019, and not less frequently than once each year thereafter through December 31, 2021, the Secretary shall submit to the congressional defense committees the strategy required by paragraph (1), as may be revised and updated in accordance with paragraph (3).

(B)

The reports submitted pursuant to subparagraph (A) shall be submitted in unclassified form, but may include a classified annex.

(5)

Briefing

Not later than 14 days after the date on which the strategy under paragraph (1) is completed, the Secretary shall provide to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing on the implementation of the strategy.

(6)

Designation

The strategy developed under paragraph (1) shall be known as the National Defense Science and Technology Strategy.

(b)

Assessment and recommendations

(1)

In general

Not later than February 4, 2019, the Secretary shall submit to the congressional defense committees a report with an assessment and recommendations on the future of major elements of the defense research and engineering enterprise, evaluating warfighting contributions, portfolio management and coordination, workforce management including special hiring authorities, facilities and test infrastructure, relationships with private sector and interagency partners, and governance, including a comparison with the enterprises of other countries and the private sector.

(2)

Major elements of the defense research and engineering enterprise

The major elements of the defense research and engineering enterprise referred to in paragraph (1) include the following:

(A)

The science and technology elements of the military departments.

(B)

The Department of Defense laboratories.

(C)

The test ranges and facilities of the Department.

(D)

The Defense Advanced Research Projects Agency (DARPA).

(E)

The Defense Innovation Unit Experimental (DIU(x)).

(F)

The Strategic Capabilities Office of the Department.

(G)

The Small Business Innovation Research program of the Department.

(H)

The Small Business Technology Transfer program of the Department.

(I)

Such other elements, offices, programs, and activities of the Department as the Secretary considers appropriate for purposes of the this section.

(3)

Consultation and comments

In making recommendations under paragraph (1), the Secretary shall consult with and seek comments from groups and entities relevant to the recommendations, such as the military departments, the combatant commands, the federally funded research and development centers (FFRDCs), commercial partners of the Department (including small business concerns), or any advisory committee established by the Department that the Secretary determines is appropriate based on the duties of the advisory committee and the expertise of its members.

(4)

Form of submission

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

219.

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

The Secretary of the Navy shall—

(1)

modify the compartments and infrastructure of the aircraft carrier designated CVN–73 to support the fielding of the MQ–25 unmanned aerial vehicle before the date on which the refueling and complex overhaul of the aircraft carrier is completed; and

(2)

ensure such modification is sufficient to complete the full installation of MQ–25 in no more than a single maintenance period after such overhaul.

220.

Establishment of innovators information repository in the Department of Defense

(a)

In general

Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall, acting through the Defense Technical Information Center, establish an innovators information repository within the Department of Defense in accordance with this section.

(b)

Maintenance of information repository

The Under Secretary of Defense for Research and Engineering shall maintain the information repository and ensure that it is periodically updated.

(c)

Elements of information repository

The information repository established under subsection (a) shall—

(1)

be coordinated across the Department of Defense enterprise to focus on small business innovators that are small, independent United States businesses, including those participating in the Small Business Innovation Research program or the Small Business Technology Transfer program;

(2)

include appropriate information about each participant, including a description of—

(A)

the need or requirement applicable to the participant;

(B)

the participant’s technology with appropriate technical detail and appropriate protections of proprietary information or data;

(C)

any prior business of the participant with the Department; and

(D)

whether the participant’s technology was incorporated into a program of record; and

(3)

incorporate the appropriate classification due to compilation of information.

(d)

Use of information repository

After the information repository is established under subsection (a), the Secretary shall encourage use of the information repository by Department organizations involved in technology development and protection, including program offices, before initiating a Request for Information or a Request for Proposal to determine whether an organic technology exists or is being developed currently by a an entity supported by the Department (which may include a company, academic consortium, or other entity).

221.

Strategic plan for Department of Defense test and evaluation resources

Section 196(d) of title 10, United States Code, is amended—

(1)

by amending paragraph (1) to read as follows: (1) Not less often than once every two fiscal years, the Under Secretary of Defense for Research and Engineering, in coordination with the Director of the Department of Defense Test Resources Management Center, the Director of Operational Test and Evaluation, the Director of the Defense Intelligence Agency, the Secretaries of the military departments, and the heads of Defense Agencies with test and evaluation responsibilities, shall complete a strategic plan reflecting the future needs of the Department of Defense with respect to test and evaluation facilities and resources. Each strategic plan shall cover the period of thirty fiscal years beginning with the fiscal year in which the plan is submitted under paragraph (3). The strategic plan shall be based on a comprehensive review of both funded and unfunded test and evaluation requirements of the Department, future threats to national security, and the adequacy of the test and evaluation facilities and resources of the Department to meet those future requirements and threats.; and

(2)

in paragraph (2)(C), by striking needed to meet such requirements and inserting needed to meet current and future requirements based on current and emerging threats.

222.

Collaboration between Defense laboratories, industry, and academia; open campus program

(a)

Collaboration

The Secretary of Defense may carry out activities to prioritize innovative collaboration between Department of Defense science and technology reinvention laboratories, industry, and academia.

(b)

Open campus program

In carrying out subsection (a), the Secretary, acting through the Commander of the Air Force Research Laboratory, the Commander of the Army Research, Development and Engineering Command, and the Chief of Naval Research, or such other officials of the Department as the Secretary considers appropriate, may develop and implement an open campus program for the Department science and technology reinvention laboratories which shall be modeled after the open campus program of the Army Research Laboratory.

223.

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

(a)

In general

Chapter 139 of title 10, United States Code, is amended by inserting before section 2358 the following new section:

2357.

Technology protection features activities

(a)

Activities

The Secretary of Defense shall carry out activities to develop and incorporate technology protection features in a designated system during the research and development phase of such system.

(b)

Cost-sharing

Any contract for the design or development of a system resulting from activities under subsection (a) for the purpose of enhancing or enabling the exportability of the system, either for the development of program protection strategies for the system or the design and incorporation of exportability features into the system, shall include a cost-sharing provision that requires the contractor to bear half of the cost of such activities, or such other portion of such cost as the Secretary considers appropriate upon showing of good cause.

(c)

Definitions

In this section:

(1)

The term designated system means any system (including a major system, as defined in section 2302(5) of title 10, United States Code) that the Under Secretary of Defense for Acquisition and Sustainment designates for purposes of this section.

(2)

The term technology protection features means the technical modifications necessary to protect critical program information, including anti-tamper technologies and other systems engineering activities intended to prevent or delay exploitation of critical technologies in a designated system.

.

(b)

Clerical amendment

The table of sections at the beginning of chapter 139 of title 10, United States Code, is amended by inserting before the item relating to section 2358 the following new item:

2357. Technology protection features activities.

.

(c)

Conforming repeal

Section 243 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (10 U.S.C. 2358 note) is repealed.

224.

Codification and reauthorization of Defense Research and Development Rapid Innovation Program

(a)

Codification

(1)

In general

Chapter 139 of title 10, United States Code, is amended by inserting after section 2359 the following new section:

2359a.

Defense Research and Development Rapid Innovation Program

(a)

Program established

(1)

The Secretary of Defense shall establish a competitive, merit-based program to accelerate the fielding of technologies developed pursuant to phase II Small Business Innovation Research Program projects, technologies developed by the defense laboratories, and other innovative technologies (including dual use technologies).

(2)

The purpose of this program is to stimulate innovative technologies and reduce acquisition or lifecycle costs, address technical risks, improve the timeliness and thoroughness of test and evaluation outcomes, and rapidly insert such products directly in support of primarily major defense acquisition programs, but also other defense acquisition programs that meet critical national security needs.

(b)

Guidelines

The Secretary shall issue guidelines for the operation of the program. At a minimum such guidance shall provide for the following:

(1)

The issuance of one or more broad agency announcements or the use of any other competitive or merit-based processes by the Department of Defense for candidate proposals in support of defense acquisition programs as described in subsection (a).

(2)

The review of candidate proposals by the Department of Defense and by each military department and the merit-based selection of the most promising cost-effective proposals for funding through contracts, cooperative agreements, and other transactions for the purposes of carrying out the program.

(3)

The total amount of funding provided to any project under the program from funding provided under subsection (d) shall not exceed $3,000,000, unless the Secretary, or the Secretary's designee, approves a larger amount of funding for the project.

(4)

No project shall receive more than a total of two years of funding under the program from funding provided under subsection (d), unless the Secretary, or the Secretary's designee, approves funding for any additional year.

(5)

Mechanisms to facilitate transition of follow-on or current projects carried out under the program into defense acquisition programs, through the use of the authorities of section 2302e of this title or such other authorities as may be appropriate to conduct further testing, low rate production, or full rate production of technologies developed under the program.

(6)

Projects are selected using merit-based selection procedures and the selection of projects is not subject to undue influence by Congress or other Federal agencies.

(c)

Treatment pursuant to certain congressional rules

Nothing in this section shall be interpreted to require or enable any official of the Department of Defense to provide funding under this section to any earmark as defined pursuant to House Rule XXI, clause 9, or any congressionally directed spending item as defined pursuant to Senate Rule XLIV, paragraph 5.

(d)

Funding

Subject to the availability of appropriations for such purpose, the amounts authorized to be appropriated for research, development, test, and evaluation for a fiscal year may be used for such fiscal year for the program established under subsection (a).

(e)

Transfer authority

(1)

The Secretary may transfer funds available for the program to the research, development, test, and evaluation accounts of a military department, defense agency, or the unified combatant command for special operations forces pursuant to a proposal, or any part of a proposal, that the Secretary determines would directly support the purposes of the program.

(2)

The transfer authority provided in this subsection is in addition to any other transfer authority available to the Department of Defense.

.

(2)

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 2359 the following new item:

2359a. Defense Research and Development Rapid Innovation Program.

.

(b)

Conforming amendments

(1)

Repeal of old provision

Section 1073 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2359 note) is hereby repealed.

(2)

Repeal of old table of contents item

The table of contents in section 2(b) of such Act is amended by striking the item relating to section 1073.

225.

Procedures for rapid reaction to emerging technology

(a)

Requirement to establish procedures

Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Research and Engineering shall prescribe procedures for the designation and development of technologies that are—

(1)

urgently needed—

(A)

to react to a technological development of an adversary of the United States; or

(B)

to respond to a significant and urgent emerging technology; and

(2)

not receiving appropriate research funding or attention from the Department of Defense.

(b)

Elements

The procedures prescribed under subsection (a) shall include the following:

(1)

A process for streamlined communications between the Under Secretary, the Joint Chiefs of Staff, the commanders of the combatant commands, the science and technology executives within each military department, and the science and technology community, including—

(A)

a process for the commanders of the combatant commands and the Joint Chiefs of Staff to communicate their needs to the science and technology community; and

(B)

a process for the science and technology community to propose technologies that meet the needs communicated by the combatant commands and the Joint Chiefs of Staff.

(2)

Procedures for the development of technologies proposed pursuant to paragraph (1)(B), including—

(A)

a process for demonstrating performance of the proposed technologies on a short timeline;

(B)

a process for developing a development strategy for a technology, including integration into future budget years; and

(C)

a process for making investment determinations based on information obtained pursuant to subparagraphs (A) and (B).

(c)

Briefing

Not later than 180 days after the date of the enactment of this Act, the Under Secretary shall provide to the congressional defense committees a briefing on the procedures required by subsection (a).

226.

Activities on identification and development of enhanced personal protective equipment against blast injury

(a)

Activities required

During calendar year 2019, the Secretary of the Army shall, in consultation with the Director of Operational Test and Evaluation, carry out a set of activities to identify and develop personal equipment to provide enhanced protection against injuries caused by blasts in combat and training.

(b)

Activities

(1)

Continuous evaluation process

For purposes of the activities required by subsection (a), the Secretary shall establish a process to continuously solicit from government, industry, academia, and other appropriate entities personal protective equipment that is ready for testing and evaluation in order to identify and evaluate equipment or clothing that is more effective in protecting members of the Armed Forces from the harmful effects of blast injuries, including traumatic brain injuries, and would be suitable for expedited procurement and fielding.

(2)

Goals

The goals of the activities shall include:

(A)

Development of streamlined requirements for procurement of personal protective equipment.

(B)

Appropriate testing of personal protective equipment prior to procurement and fielding.

(C)

Development of expedited mechanisms for deployment of effective personal protective equipment.

(D)

Identification of areas of research in which increased investment has the potential to improve the quality of personal protective equipment and the capability of the industrial base to produce such equipment.

(E)

Such other goals as the Secretary considers appropriate.

(3)

Partnerships for certain assessments

As part of the activities, the Secretary should continue to establish partnerships with appropriate academic institutions for purposes of assessing the following:

(A)

The ability of various forms of personal protective equipment to protect against common blast injuries, including traumatic brain injuries.

(B)

The value of real-time data analytics to track the effectiveness of various forms of personal protective equipment to protect against common blast injuries, including traumatic brain injuries.

(C)

The availability of commercial-off the-shelf personal protective technology to protect against traumatic brain injury resulting from blasts.

(D)

The extent to which the equipment determined through the assessment to be most effective to protect against common blast injuries is readily modifiable for different body types and to provide lightweight material options to enhance maneuverability.

(c)

Authorities

In carrying out activities under subsection (a), the Secretary may use any authority as follows:

(1)

Experimental procurement authority under section 2373 of title 10, United States Code.

(2)

Other transactions authority under section 2371 and 2371b of title 10, United States Code.

(3)

Authority to award technology prizes under section 2374a of title 10, United States Code.

(4)

Authority under the Defense Acquisition Challenge Program under section 2359b of title 10, United States Code.

(5)

Any other authority on acquisition, technology transfer, and personnel management that the Secretary considers appropriate.

(d)

Certain treatment of activities

Any activities under this section shall be deemed to have been through the use of competitive procedures for the purposes of section 2304 of title 10, United States Code.

(e)

On-going assessment following activities

After the completion of activities under subsection (a), the Secretary shall, on an on-going basis, do the following:

(1)

Evaluate the extent to which personal protective equipment identified through the activities would—

(A)

enhance survivability of personnel from blasts in combat and training; and

(B)

enhance prevention of brain damage, and reduction of any resultant chronic brain dysfunction, from blasts in combat and training.

(2)

In the case of personal protective equipment so identified that would provide enhancements as described in paragraph (1), estimate the costs that would be incurred to procure such enhanced personal protective equipment, and develop a schedule for the procurement of such equipment.

(3)

Estimate the potential health care cost savings that would occur from expanded use of personal protective equipment described in paragraph (2).

(f)

Report

Not later than December 1, 2019, the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the activities under subsection (a) as of the date of the report.

(g)

Funding

Of the amount authorized to be appropriated for fiscal year 2019 by this Act for research, development, test, and evaluation, as specified in the funding tables in division D, $10,000,000 may be used to carry out this section.

227.

Human factors modeling and simulation activities

(a)

Activities required

The Secretary of Defense shall develop and provide for the carrying out of human factors modeling and simulation activities designed to do the following:

(1)

Provide warfighters and civilians with personalized assessment, education, and training tools.

(2)

Identify and implement effective ways to interface and team warfighters with machines.

(3)

Result in the use of intelligent, adaptive augmentation to enhance decision making.

(4)

Result in the development of techniques, technologies, and practices to mitigate critical stressors that impede warfighter and civilian protection, sustainment, and performance.

(b)

Purpose

The overall purpose of the activities shall be to accelerate research and development that enhances capabilities for human performance, human-systems integration, and training for the warfighter.

(c)

Participants in activities

Participants in the activities may include the following:

(1)

Elements of the Department of Defense engaged in science and technology activities.

(2)

Program Executive Offices of the Department.

(3)

Academia.

(4)

The private sector.

(5)

Such other participants as the Secretary considers appropriate.

228.

Expansion of mission areas supported by mechanisms for expedited access to technical talent and expertise at academic institutions

Section 217(e) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2358 note) is amended—

(1)

by redesignating paragraph (23) as paragraph (27); and

(2)

by inserting after paragraph (22) the following new paragraphs:

(23)

Space.

(24)

Infrastructure resilience.

(25)

Photonics.

(26)

Autonomy.

.

229.

Advanced manufacturing activities

(a)

Designation

The Under Secretary of Defense for Acquisition and Sustainment and the Under Secretary of Defense for Research and Engineering shall jointly, in coordination with Secretaries of the military departments, establish at least one activity per military service to demonstrate advanced manufacturing techniques and capabilities at depot-level activities or military arsenal facilities of the military departments.

(b)

Purposes

The activities established pursuant to subsection (a) shall—

(1)

support efforts to implement advanced manufacturing techniques and capabilities;

(2)

identify improvements to sustainment methods for component parts and other logistics needs;

(3)

identify and implement appropriate information security protections to ensure security of advanced manufacturing;

(4)

aid in the procurement of advanced manufacturing equipment and support services;

(5)

enhance partnerships between the defense industrial base and Department of Defense laboratories, academic institutions, and industry; and

(6)

to the degree practicable, include an educational or training component to build an advanced manufacturing workforce.

(c)

Cooperative agreements and partnerships

(1)

In general

The Under Secretaries may enter into a cooperative agreement and use public-private and public-public partnerships to facilitate development of advanced manufacturing techniques in support of the defense industrial base.

(2)

Requirements

A cooperative agreement entered into under paragraph (1) and a partnership used under such paragraph shall facilitate—

(A)

development and implementation of advanced manufacturing techniques and capabilities;

(B)

appropriate sharing of information in the adaptation of advanced manufacturing, including technical data rights;

(C)

implementation of appropriate information security protections into advanced manufacturing tools and techniques; and

(D)

support of necessary workforce development.

(d)

Authorities

In carrying out this section, the Under Secretaries may use the following authorities:

(1)

Section 2196 of title 10, United States Code, relating to the Manufacturing Engineering Education Program.

(2)

Section 2368 of such title, relating to centers for science, technology, and engineering partnership.

(3)

Section 2374a of such title, relating to prizes for advanced technology achievements.

(4)

Section 2474 of such title, relating to centers of industrial and technical excellence.

(5)

Section 2521 of such title, relating to the Manufacturing Technology Program.

(6)

Section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a) and section 6305 of title 31, United States Code, relating to cooperative research and development agreements.

(7)

Such other authorities as the Under Secretaries considers appropriate.

230.

National security innovation activities

(a)

Establishment

The Under Secretary of Defense for Research and Engineering shall establish activities to develop interaction between the Department of Defense and the commercial technology industry and academia with regard to emerging hardware products and technologies with national security applications.

(b)

Elements

The activities required by subsection (a) shall include the following:

(1)

Informing and encouraging private investment in specific hardware technologies of interest to future defense technology needs with unique national security applications.

(2)

Funding research and technology development in hardware-intensive capabilities that private industry has not sufficiently supported to meet rapidly emerging defense and national security needs.

(3)

Contributing to the development of policies, policy implementation, and actions to deter strategic acquisition of industrial and technical capabilities in the private sector by foreign entities that could potentially exclude companies from participating in the Department of Defense technology and industrial base.

(4)

Identifying promising emerging technology in industry and academia for the Department of Defense for potential support or research and development cooperation.

(c)

Transfer of personnel and resources

(1)

In general

Subject to paragraph (2), the Under Secretary may transfer such personnel, resources, and authorities that are under the control of the Under Secretary as the Under Secretary considers appropriate to carry out the activities established under subsection (a) from other elements of the Department under the control of the Under Secretary or upon approval of the Secretary of Defense.

(2)

Certification

The Under Secretary may only make a transfer of personnel, resources, or authorities under paragraph (1) upon certification by the Under Secretary that the activities established under paragraph (a) can attract sufficient private sector investment, has personnel with sufficient technical and management expertise, and has identified relevant technologies and systems for potential investment in order to carry out the activities established under subsection (a), independent of further government funding beyond this authorization.

(d)

Establishment of nonprofit entity

The Under Secretary may establish or fund a nonprofit entity to carry out the program activities under subsection (a).

(e)

Plan

(1)

In general

Not later than one year after the date of the enactment of this Act, the Under Secretary shall submit to the congressional defense committees a detailed plan to carry out this section.

(2)

Elements

The plan required by paragraph (1) shall include the following:

(A)

A description of the additional authorities needed to carry out the activities set forth in subsection (b).

(B)

Plans for transfers under subsection (c), including plans for private fund-matching and investment mechanisms, oversight, treatment of rights relating to technical data developed, and relevant dates and goals of such transfers.

(C)

Plans for attracting the participation of the commercial technology industry and academia and how those plans fit into the current Department of Defense research and engineering enterprise.

(f)

Authorities

In carrying out this section, the Under Secretary may use the following authorities:

(1)

Section 1711 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91), relating to a pilot program on strengthening manufacturing in the defense industrial base.

(2)

Section 1599g of title 10 of the United States Code, relating to public-private talent exchanges.

(3)

Section 2368 of such title, relating to Centers for Science, Technology, and Engineering Partnerships.

(4)

Section 2374a of such title, relating to prizes for advanced technology achievements.

(5)

Section 2474 of such title, relating to Centers of Industrial and Technical Excellence.

(6)

Section 2521 of such title, relating to the Manufacturing Technology Program.

(7)

Subchapter VI of chapter 33 of title 5, United States Code, relating to assignments to and from States.

(8)

Chapter 47 of such title, relating to personnel research programs and demonstration projects.

(9)

Section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a) and section 6305 of title 31, United States Code, relating to cooperative research and development agreements.

(10)

Such other authorities as the Under Secretary considers appropriate.

(g)

Notice required

Not later than 15 days before the date on which the Under Secretary first exercises the authority granted under subsection (d) and not later than 15 days before the date on which the Under Secretary first obligates or expends any amount authorized under subsection (h), the Under Secretary shall notify the congressional defense committees of such exercise, obligation, or expenditure, as the case may be.

(h)

Funding

Of the amount authorized to be appropriated for fiscal year 2019 for the Department of Defense by section 201 and subject to the availability of appropriations, up to $75,000,000 may be available to carry out this section.

231.

Partnership intermediaries for promotion of defense research and education

Section 2368 of title 10, United States Code, is amended—

(1)

by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and

(2)

by inserting after subsection (e) the following new subsection (f):

(f)

Use of partnership intermediaries to promote defense research and education

(1)

Subject to the approval of the Secretary or the head of the another department or agency of the Federal Government concerned, the Director of a Center may enter into a contract, memorandum of understanding or other transition with a partnership intermediary that provides for the partnership intermediary to perform services for the Department of Defense that increase the likelihood of success in the conduct of cooperative or joint activities of the Center with industry or academic institutions.

(2)

In this subsection, the term partnership intermediary means an agency of a State or local government, or a nonprofit entity owned in whole or in part by, chartered by, funded in whole or in part by, or operated in whole or in part by or on behalf of a State or local government, that assists, counsels, advises, evaluates, or otherwise cooperates with industry or academic institutions that need or can make demonstrably productive use of technology-related assistance from a Center.

.

232.

Limitation on use of funds for Surface Navy Laser Weapon System

(a)

Limitation

None of the funds authorized to be appropriated or otherwise made available by this Act may be used to exceed, in fiscal year 2019, a procurement quantity of one Surface Navy Laser Weapon System, also known as the High Energy Laser and Integrated Optical-dazzler with Surveillance (HELIOS), unless the Secretary of the Navy submits to the congressional defense committees a report on such system with the elements set forth in subsection (b).

(b)

Elements

The elements set forth in this subsection are, with respect to the system described in subsection (a), the following:

(1)

A document setting forth the requirements for the system, including desired performance characteristics.

(2)

An acquisition plan that includes the following:

(A)

A program schedule to accomplish design completion, technology maturation, risk reduction, and other activities, including dates of key design reviews (such as Preliminary Design Review and Critical Design Review) and program initiation decision (such as Milestone B) if applicable.

(B)

A contracting strategy, including requests for proposals, the extent to which contracts will be competitively awarded, option years, option quantities, option prices, and ceiling prices.

(C)

The fiscal years of procurement and delivery for each engineering development model, prototype, or similar unit planned to be acquired.

(D)

A justification for the fiscal years of procurement and delivery for each engineering development model, prototype, or similar unit planned to be acquired.

(3)

A test plan and schedule sufficient to achieve operational effectiveness and operational suitability determinations (such as Early Operational Capability and Initial Operational Capability) related to the requirements set forth in paragraph (1).

(4)

Associated funding and item quantities, disaggregated by fiscal year and appropriation, requested in the Fiscal Year 2019 Future Years Defense Program.

(5)

An estimate of the acquisition costs, including the total costs for procurement, research, development, test, and evaluation.

233.

Expansion of coordination requirement for support for national security innovation and entrepreneurial education

Section 225(e) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2359 note) is amended by adding at the end the following new paragraphs:

(16)

The National Security Technology Accelerator.

(17)

The I-Corps Program.

.

234.

Defense quantum information science and technology research and development program

(a)

Establishment

The Secretary of Defense shall carry out a quantum information science and technology research and development program.

(b)

Purposes

The purposes of the program required by subsection (a) are as follows:

(1)

To ensure global superiority of the United States in quantum information science necessary for meeting national security requirements.

(2)

To coordinate all quantum information science and technology research and development within the Department of Defense and to provide for interagency cooperation and collaboration on quantum information science and technology research and development between the Department of Defense and other departments and agencies of the United States and appropriate private sector entities that are involved in quantum information science and technology research and development.

(3)

To develop and manage a portfolio of fundamental and applied quantum information science and technology and engineering research initiatives that is stable, consistent, and balanced across scientific disciplines.

(4)

To accelerate the transition and deployment of technologies and concepts derived from quantum information science and technology research and development into the Armed Forces, and to establish policies, procedures, and standards for measuring the success of such efforts.

(5)

To collect, synthesize, and disseminate critical information on quantum information science and technology research and development.

(6)

To establish and support appropriate research, innovation, and industrial base, including facilities and infrastructure, to support the needs of Department of Defense missions and systems related to quantum information science and technology.

(c)

Administration

In carrying out the program required by subsection (a), the Secretary shall act through the Under Secretary of Defense for Research and Engineering, who shall supervise the planning, management, and coordination of the program. The Under Secretary, in consultation with the Secretaries of the military departments and the heads of participating Defense Agencies and other departments and agencies of the United States, shall—

(1)

prescribe a set of long-term challenges and a set of specific technical goals for the program, including—

(A)

optimization of analysis of national security data sets;

(B)

development of defense related quantum computing algorithms;

(C)

design of new materials and molecular functions;

(D)

secure communications and cryptography, including development of quantum communications protocols;

(E)

quantum sensing and metrology;

(F)

development of mathematics relating to quantum enhancements to sensing, communications, and computing; and

(G)

processing and manufacturing of low-cost, robust, and reliable quantum information science and technology-enabled devices and systems;

(2)

develop a coordinated and integrated research and investment plan for meeting the near-, mid-, and long-term challenges with definitive milestones while achieving the specific technical goals that builds upon the Department’s increased investment in quantum information science and technology research and development, commercial sector and global investments, and other United States Government investments in the quantum sciences;

(3)

not later than 180 days after the date of the enactment of this Act, develop and continuously update guidance, including classification and data management plans for defense-related quantum information science and technology activities, and policies for control of personnel participating on such activities to minimize the effects of loss of intellectual property in basic and applied quantum science and information considered sensitive to the leadership of the United States in the field of quantum information science and technology; and

(4)

develop memoranda of agreement, joint funding agreements, and other cooperative arrangements necessary for meeting the long-term challenges and achieving the specific technical goals.

(d)

Report

(1)

In general

Not later than December 31, 2020, the Secretary shall submit to the congressional defense committees a report on the program, in both classified and unclassified format.

(2)

Elements

The report required by paragraph (1) shall include the following:

(A)

A description of the knowledge-base of the Department with respect to quantum sciences, plans to defend against quantum based attacks, and any plans of the Secretary to enhance such knowledge-base.

(B)

A plan that describes how the Secretary intends to use quantum sciences for military applications and to meet other needs of the Department.

(C)

An assessment of the efforts of foreign powers to use quantum sciences for military applications and other purposes.

(D)

A description of activities undertaken consistent with this section, including funding for activities consistent with the section.

(E)

Such other matters as the Secretary considers appropriate.

235.

Joint directed energy test activities

(a)

Test activities

The Under Secretary of Defense for Research and Engineering shall, in the Under Secretary’s capacity as the official with principal responsibility for the development and demonstration of directed energy weapons for the Department of Defense pursuant to section 219(a)(1) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2431 note), develop, establish, and coordinate directed energy testing activities adequate to ensure the achievement by the Department of Defense of goals of the Department for developing and deploying directed energy systems to match national security needs.

(b)

Elements

The activity established under subsection (a) shall include the following:

(1)

The High Energy Laser System Test Facility of the Army Test and Evaluation Command.

(2)

Such other test resources and activities as the Under Secretary may designate for purposes of this section.

(c)

Designation

The test activities established under subsection (a) shall be considered part of the Major Range and Test Facility Base (as defined in 196(i) of title 10, United States Code).

(d)

Prioritization of effort

In developing and coordinating testing activities pursuant to subsection (a), the Under Secretary shall prioritize efforts consistent with the following:

(1)

Paragraphs (2) through (5) of section 219(a) of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. 2431 note).

(2)

Enabling the standardized collection and evaluation of testing data to establish testing references and benchmarks.

(3)

Concentrating sufficient personnel expertise of directed energy weapon systems in order to validate the effectiveness of new weapon systems against a variety of targets.

(4)

Consolidating modern state-of-the-art testing infrastructure including telemetry, sensors, and optics to support advanced technology testing and evaluation.

(5)

Formulating a joint lethality or vulnerability information repository that can be accessed by any of the military departments of Defense Agencies, similar to a Joint Munitions Effectiveness Manuals (JMEMs).

(6)

Reducing duplication of directed energy weapon testing.

(7)

Ensuring that an adequate workforce and adequate testing facilities are maintained to support missions of the Department of Defense.

236.

Requirement for establishment of arrangements for expedited access to technical talent and expertise at academic institutions to support Department of Defense missions

(a)

In general

Subsection (a)(1) of section 217 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2358 note) is amended by striking and each secretary of a military department may establish one or more and inserting shall, acting through the secretaries of the military departments, establish not fewer than three.

(b)

Extension

Subsection (f) of such section is amended by striking September 30, 2020 and inserting September 30, 2022.

237.

Authority for Joint Directed Energy Transition Office to conduct research relating to high powered microwave capabilities

Section 219(b)(3) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2431 note) is amended by inserting , including high-powered microwaves, after energy systems and technologies.

238.

Joint artificial intelligence research, development, and transition activities

(a)

Establishment

(1)

In general

The Secretary of Defense shall establish a set of activities within the Department of Defense to coordinate the efforts of the Department to develop, mature, and transition artificial intelligence technologies into operational use.

(2)

Emphasis

The set of activities established under paragraph (1) shall apply artificial intelligence and machine learning solutions to operational problems and coordinate activities involving artificial intelligence and artificial intelligence enabled capabilities within the Department.

(b)

Designation

Not later than one year after the date of the enactment of this Act, the Secretary shall designate a senior official of the Department with principal responsibility for the coordination of activities relating to the development and demonstration of artificial intelligence and machine learning for the Department.

(c)

Duties

The duties of the official designated under subsection (b) shall include the following:

(1)

Strategic plan

Developing a detailed strategic plan to develop, mature, adopt, and transition artificial intelligence technologies into operational use. Such plan shall include the following:

(A)

A strategic roadmap for the identification and coordination of the development and fielding of artificial intelligence technologies and key enabling capabilities.

(B)

The continuous evaluation and adaptation of relevant artificial intelligence capabilities developed both inside the Department and in other organizations for military missions and business operations.

(2)

Acceleration of development and fielding of artificial intelligence

To the degree practicable, the designated official shall—

(A)

use the flexibility of regulations, personnel, acquisition, partnerships with industry and academia, or other relevant policies of the Department to accelerate the development and fielding of artificial intelligence capabilities;

(B)

ensure engagement with defense and private industries, research universities, and unaffiliated, nonprofit research institutions;

(C)

provide technical advice and support to entities in the Department and the military departments to optimize the use of artificial intelligence and machine learning technologies to meet Department missions;

(D)

support the development of requirements for artificial intelligence capabilities that address the highest priority capability gaps of the Department and technical feasibility;

(E)

develop and support capabilities for technical analysis and assessment of threat capabilities based on artificial intelligence;

(F)

ensure that the Department has appropriate workforce and capabilities at laboratories, test ranges, and within the organic defense industrial base to support the artificial intelligence capabilities and requirements of the Department;

(G)

develop classification guidance for all artificial intelligence related activities of the Department;

(H)

work with appropriate officials to develop appropriate ethical, legal, and other policies for the Department governing the development and use of artificial intelligence enabled systems and technologies in operational situations; and

(I)

ensure—

(i)

that artificial intelligence programs of each military department and of the Defense Agencies are consistent with the priorities identified under this section; and

(ii)

appropriate coordination of artificial intelligence activities of the Department with interagency, industry, and international efforts relating to artificial intelligence, including relevant participation in standards setting bodies.

(3)

Governance and oversight of artificial intelligence and machine learning policy

Regularly convening appropriate officials across the Department—

(A)

to integrate the functional activities of the organizations and elements of the Department with respect to artificial intelligence and machine learning;

(B)

to ensure there are efficient and effective artificial intelligence and machine learning capabilities throughout the Department; and

(C)

to develop and continuously improve research, innovation, policy, joint processes, and procedures to facilitate the development, acquisition, integration, advancement, oversight, and sustainment of artificial intelligence and machine learning throughout the Department.

(d)

Access to information

The Secretary shall ensure that the official designated under subsection (b) has access to such information on programs and activities of the military departments and other Defense Agencies as the Secretary considers appropriate to carry out the coordination described in subsection (b) and the duties set forth in subsection (c).

(e)

Study on artificial intelligence topics

(1)

In general

Not later than one year after the date of the enactment of this Act, the official designated under subsection (b) shall—

(A)

complete a study on past and current advances in artificial intelligence and the future of the discipline, including the methods and means necessary to advance the development of the discipline, to comprehensively address the national security needs and requirements of the Department; and

(B)

submit to the congressional defense committees a report on the findings of the designated official with respect to the study completed under subparagraph (A).

(2)

Consultation with experts

In conducting the study required by paragraph (1)(A), the designated official shall consult with experts within the Department, other Federal agencies, academia, any advisory committee established by the Secretary that the Secretary determines appropriate based on the duties of the advisory committee and the expertise of its members, and the commercial sector, as the Secretary considers appropriate.

(3)

Elements

The study required by paragraph (1)(A) shall include the following:

(A)

A comprehensive and national-level review of—

(i)

advances in artificial intelligence, machine learning, and associated technologies relevant to the needs of the Department and the Armed Forces; and

(ii)

the competitiveness of the Department in artificial intelligence, machine learning, and such technologies.

(B)

Near-term actionable recommendations to the Secretary for the Department to secure and maintain technical advantage in artificial intelligence, including ways—

(i)

to more effectively organize the Department for artificial intelligence;

(ii)

to educate, recruit, and retain leading talent; and

(iii)

to most effectively leverage investments in basic and advanced research and commercial progress in these technologies.

(C)

Recommendations on the establishment of Departmentwide data standards and the provision of incentives for the sharing of open training data, including those relevant for research into systems that integrate artificial intelligence and machine learning with human teams.

(D)

Recommendations for engagement by the Department with relevant agencies that will be involved with artificial intelligence in the future.

(E)

Recommendations for legislative action relating to artificial intelligence, machine learning, and associated technologies, including recommendations to more effectively fund and organize the Department.

(f)

Delineation of definition of artificial intelligence

Not later than one year after the date of the enactment of this Act, the Secretary shall delineate a definition of the term artificial intelligence for use within the Department.

(g)

Artificial intelligence defined

In this section, the term artificial intelligence includes the following:

(1)

Any artificial system that performs tasks under varying and unpredictable circumstances without significant human oversight, or that can learn from experience and improve performance when exposed to data sets.

(2)

An artificial system developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action.

(3)

An artificial system designed to think or act like a human, including cognitive architectures and neural networks.

(4)

A set of techniques, including machine learning, that is designed to approximate a cognitive task.

(5)

An artificial system designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision making, and acting.

C

Reports and other matters

241.

Report on survivability of air defense artillery

(a)

Report required

Not later than March 1, 2019, the Secretary of the Army shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the efforts of the Army to improve the survivability of air defense artillery, with a particular focus on the efforts of the Army to improve passive and active nonkinetic capabilities and training with respect to such artillery.

(b)

Elements

The report required under subsection (a) shall include the following:

(1)

An analysis of the utility of relevant passive and active non-kinetic integrated air and missile defense capabilities, including tactical mobility, new passive and active sensors, signature reduction, concealment, and deception systems, and electronic warfare and high-powered radio frequency systems.

(2)

An analysis of the utility of relevant active kinetic capabilities, such as a new, long-range counter-maneuvering threat missile and additional indirect fire protection capability units to defend Patriot and Terminal High Altitude Area Defense batteries.

(c)

Form of report

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

242.

T–45 aircraft physiological episode mitigation actions

Section 1063(b) of the National Defense Authorization Act for Fiscal Year 2018 (131 Stat. 1576; Public Law 115–91) is amended by adding at the end the following new paragraphs:

(5)

A list of all modifications to the T–45 aircraft and associated ground equipment carried out during fiscal years 2017 through 2019 to mitigate the risk of physiological episodes among T–45 crewmembers.

(6)

The results achieved by the modifications listed pursuant to paragraph (5), as determined by relevant testing and operational activities.

(7)

The cost of the modifications listed pursuant to paragraph (5).

(8)

Any plans of the Navy for future modifications to the T–45 aircraft that are intended to mitigate the risk of physiological episodes among T–45 crewmembers.

.

243.

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

(a)

Report required

Not later than March 1, 2019, the Secretary of the Air Force shall submit to the congressional defense committees a report on all efforts of the Air Force to reduce the occurrence of, and mitigate the risk posed by, physiological episodes affecting crewmembers of covered aircraft.

(b)

Elements

The report required under subsection (a) shall include—

(1)

information on the rate of physiological episodes affecting crewmembers of covered aircraft;

(2)

a description of the specific actions carried out by the Air Force to address such episodes, including a description of any upgrades or other modifications made to covered aircraft to address such episodes;

(3)

schedules and cost estimates for any upgrades or modifications identified under paragraph (3); and

(4)

an explanation of any organizational or other changes to the Air Force carried out to address such physiological episodes.

(c)

Covered aircraft defined

In this section, the term covered aircraft means—

(1)

F–35A aircraft of the Air Force;

(2)

T–6A aircraft of the Air Force; and

(3)

any other aircraft of the Air Force as determined by the Secretary of the Air Force.

244.

Report on Defense Innovation Unit Experimental

Not later than May 1, 2019, the Under Secretary of Defense for Research and Engineering shall submit to the congressional defense committees a report on Defense Innovation Unit Experimental (in this section referred to as the Unit). Such a report shall include the following:

(1)

The integration of the Unit into the broader Department of Defense research and engineering community to coordinate and de-conflict activities of the Unit with similar activities of the military departments, Defense Agencies, Department of Defense laboratories, the Defense Advanced Research Project Agency, the Small Business Innovation Research Program, and other entities.

(2)

The metrics used to measure the effectiveness of the Unit and the results of these metrics.

(3)

The number and types of transitions by the Unit to the military departments or fielded to the warfighter.

(4)

The impact of the Unit’s initiatives, outreach, and investments on Department of Defense access to technology leaders and technology not otherwise accessible to the Department including—

(A)

identification of—

(i)

the number of non-traditional defense contractors with Department of Defense contracts or other transactions resulting directly from the Unit’s initiatives, investments, or outreach; and

(ii)

the number of traditional defense contractors with contracts or other transactions resulting directly from the Unit's initiatives;

(B)

the number of innovations delivered into the hands of the warfighter; and

(C)

how the Department is notifying its internal components about participation in the Unit.

(5)

The workforce strategy of the Unit, including whether the Unit has appropriate personnel authorities to attract and retain talent with technical and business expertise.

(6)

How the Department of Defense is documenting and institutionalizing lessons learned and best practices of the Unit to alleviate the systematic problems with technology access and timely contract or other transaction execution.

(7)

An assessment of management and bureaucratic challenges to the effective and efficient execution of the Unit's missions, especially with respect to contracting and personnel management.

245.

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

Section 2362(d) of title 10, United States Code, is amended—

(1)

in the subsection heading, by striking Priority and inserting Criteria; and

(2)

by striking give priority in providing and inserting limit.

246.

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

(a)

Report required

Not later than February 1, 2019, the Secretary of the Air Force shall submit to the congressional defense committees a report on the OA–X light attack aircraft experiment and how the program incorporates partner nation requirements.

(b)

Elements

The report under subsection (a) shall include a description of—

(1)

how the OA–X light attack experiment will support partner nations’ low-cost counter terrorism light attack capability;

(2)

the extent to which the attributes of affordability, interoperability, sustainability, and simplicity of maintenance and operations are included in the requirements for the OA–X; and

(3)

how Federal Aviation Administration certification and a reasonable path for military type certifications for commercial derivative aircraft are factored into foreign military sales for a partner nation.

247.

Reports on comparative capabilities of adversaries in key technology areas

(a)

In general

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall, in coordination with the Director of the Defense Intelligence Agency, submit to the appropriate committees of Congress a set of classified reports that set forth a direct comparison between the capabilities of the United States in emerging technology areas and the capabilities of adversaries of the United States in such areas.

(b)

Elements

The reports required by subsection (a) shall include, for each technology area covered, the following:

(1)

An evaluation of spending by the United States and adversaries on such technology.

(2)

An evaluation of the quantity and quality of research on such technology.

(3)

An evaluation of the test infrastructure and workforce supporting such technology.

(4)

An assessment of the technological progress of the United States and adversaries on such technology.

(5)

Descriptions of timelines for operational deployment of such technology.

(6)

An assessment of the intent or willingness of adversaries to use such technology.

(c)

Technical areas

The Secretary shall ensure that the reports submitted under subsection (a) cover the following:

(1)

Hypersonics.

(2)

Artificial intelligence.

(3)

Quantum information science.

(4)

Directed energy weapons.

(5)

Such other emerging technical areas as the Secretary considers appropriate.

(d)

Coordination

The Secretary shall prepare the reports in coordination with other appropriate officials of the intelligence community and with such other partners in the technology areas covered by the reports as the Secretary considers appropriate.

(e)

Appropriate committees of Congress defined

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

(1)

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

(2)

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

248.

Report on active protection systems for armored combat and tactical vehicles

(a)

Report required

Not later than 60 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on technologies related to active protection systems (APS) for armored combat and tactical vehicles.

(b)

Contents

The report required by subsection (a) shall include the following:

(1)

With respect to the active protection systems that the Army has recently tested on the M1A2 Abrams, the M2A3 Bradley, and the STRYKER, the following:

(A)

An assessment of the effectiveness of such systems.

(B)

Plans of the Secretary to further test such systems.

(C)

Proposals for future development of such systems.

(D)

A timeline for fielding such systems.

(2)

Plans for how the Army will incorporate active protection systems into new armored combat and tactical vehicle designs, such as Mobile Protection Firepower (MPF), Armored Multi-Purpose Vehicle (AMPV), and Next Generation Combat Vehicle (NGCV).

249.

Next Generation Combat Vehicle

(a)

Prototype

The Secretary of the Army shall take appropriate actions to ensure that all necessary resources are planned and programmed for accelerated prototyping, component development, testing, or acquisition for the Next Generation Combat Vehicle (NGCV).

(b)

Report

(1)

In general

Not later than March 1, 2019, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the development of the Next Generation Combat Vehicle.

(2)

Analysis

(A)

In general

The report required by paragraph (1) shall include a thorough analysis of the requirements of the Next Generation Combat Vehicle.

(B)

Relevance to National Defense Strategy

In carrying out subparagraph (A), the Secretary shall ensure that the requirements are relevant to the most recently published National Defense Strategy.

(C)

Threats and terrain

The Secretary shall ensure that the analysis includes consideration of threats and terrain.

(D)

Component technologies

The Secretary shall ensure that the analysis includes consideration of the latest enabling component technologies developed by the Tank Automotive, Research, Development, Engineering Center of the Army that have the potential to dramatically change basic combat vehicle design and improve lethality, protection, mobility, range, and sustainment.

(c)

Limitation

Of the funds authorized to be appropriated for fiscal year 2019 by section 201 and available for research, development, testing, and evaluation, Army, for the Next Generation Combat Vehicle, not more than 90 percent may be obligated or expended until the Secretary submits the report required by subsection (b).

250.

Modification of reports on mechanisms to provide funds to defense laboratories for research and development of technologies for military missions

Subsection (c) of section 2363 of title 10, United States Code, is amended to read as follows:

(c)

Release and dissemination of information on contributions from use of authority to military missions

(1)

Collection of information

The Secretary shall establish and maintain mechanisms for the continuous collection of information on achievements, best practices identified, lessons learned, and challenges arising in the exercise of the authority in this section.

(2)

Release of information

The Secretary shall establish and maintain mechanisms as follows:

(A)

Mechanisms for the release to the public of information on achievements and best practices described in paragraph (1) in unclassified form.

(B)

Mechanisms for dissemination to appropriate civilian and military officials of information on achievements and best practices described in paragraph (1) in classified form.

.

251.

Briefings on Mobile Protected Firepower and Future Vertical Lift programs

(a)

In general

Not later than March 1, 2019, the Secretary of the Army shall provide a briefing to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on the requirements of the Army for Mobile Protected Firepower (MPF) and Future Vertical Lift (FVL).

(b)

Contents

The briefing provided pursuant to subsection (a) shall include the following:

(1)

With respect to the Mobile Protected Firepower program, the following:

(A)

An explanation of how Mobile Protected Firepower could survive against the effects of anti-armor and anti-aircraft networks established within anti-access, area-denial defenses.

(B)

An explanation of how Mobile Protected Firepower would improve offensive overmatch against a peer adversary.

(C)

Details regarding the total number of Mobile Protected Firepower systems needed by the Army.

(D)

An explanation of how the Mobile Protected Firepower system will be logistically supported within light formations.

(E)

Plans to integrate active protection systems into the designs of the Mobile Protected Firepower program.

(2)

With respect to the Future Vertical Lift program, the following:

(A)

An explanation of how Future Vertical Lift could survive against the effects of anti-aircraft networks established within anti-access, area-denial defenses.

(B)

An explanation of how Future Vertical Lift would improve offensive overmatch against a peer adversary.

(C)

A review of the doctrine, organization, training, materiel, leadership, education, personnel, and facilities applicable to determine the total number of Future Vertical Lift Capability Set 1 or Future Attack Reconnaissance Aircraft (FARA), required by the Army.

(D)

An implementation plan for the establishment of Future Vertical Lift, including a timeline for achieving initial and full operational capability.

(E)

A description of the budget requirements for Future Vertical Lift to reach full operational capability, including an identification and cost of any infrastructure and equipment requirements.

(F)

A detailed list of all analysis used to determine the priority of Future Vertical Lift and which programs were terminated, extended, de-scoped, or delayed in order to fund Future Vertical Lift Capability Set 1 or Future Attack Reconnaissance Aircraft in the Future Year’s Defense Plan.

(G)

An assessment of the analysis of alternatives on the Future Vertical Lift Capability Set 3 program.

(H)

An identification of any additional authorities that may be required for achieving full operational capability of Future Vertical Lift.

(I)

Any other matters deemed relevant by the Secretary.

252.

Improvement of the Air Force supply chain

(a)

In general

The Assistant Secretary of the Air Force for Acquisition, Technology, and Logistics may use funds described in subsection (b) as follows:

(1)

For nontraditional technologies and sustainment practices (such as additive manufacturing, artificial intelligence, predictive maintenance, and other software-intensive and software-defined capabilities) to—

(A)

increase the availability of aircraft to the Air Force; and

(B)

decrease backlogs and lead times for the production of parts for such aircraft.

(2)

To advance the qualification, certification, and integration of additive manufacturing into the Air Force supply chain.

(3)

To otherwise identify and reduce supply chain risk for the Air Force.

(4)

To define workforce development requirements and training for personnel who implement and support additive manufacturing for the Air Force at the warfighter, end-item designer and equipment operator, and acquisition officer levels.

(b)

Funding

Of the amounts authorized to be appropriated for fiscal year 2019 by section 201 for research, development, test, and evaluation for the Air Force and available for Tech Transition Program (Program Element (0604858F)), up to $42,800,000 may be available as described in subsection (a).

253.

Review of guidance on blast exposure during training

(a)

Initial review

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall review the decibel level exposure, concussive effects exposure, and the frequency of exposure to heavy weapons fire of an individual during training exercises to establish appropriate limitations on such exposures.

(b)

Elements

The review required by subsection (a) shall take into account current data and evidence on the cognitive effects of blast exposure and shall include consideration of the following:

(1)

The impact of exposure over multiple successive days of training.

(2)

The impact of multiple types of heavy weapons being fired in close succession.

(3)

The feasibility of cumulative annual or lifetime exposure limits.

(4)

The minimum safe distance for observers and instructors.

(c)

Updated training guidance

Not later than 180 days after the date of the completion of the review under subsection (a), each Secretary of a military department shall update any relevant training guidance to account for the conclusions of the review.

(d)

Updated review

(1)

In general

Not later than two years after the initial review conducted under subsection (a), and not later than two years thereafter, the Secretary of Defense shall conduct an updated review under such subsection, including consideration of the matters set forth under subsection (b), and update training guidance under subsection (c).

(2)

Consideration of new research and evidence

Each updated review conducted under paragraph (1) shall take into account new research and evidence that has emerged since the previous review.

(e)

Briefing required

The Secretary of Defense shall brief the Committees on Armed Services of the Senate and the House of Representatives on a summary of the results of the initial review under subsection (a), each updated review conducted under subsection (d), and any updates to training guidance and procedures resulting from any such review or updated review.

254.

Competitive acquisition strategy for Bradley Fighting Vehicle transmission replacement

(a)

Plan required

The Secretary of the Army shall develop a strategy to competitively procure a new transmission for the Bradley Fighting Vehicle family of vehicles.

(b)

Additional strategy requirements

The plan required by subsection (a) shall include the following:

(1)

An analysis of the potential cost savings and performance improvements associated with developing or procuring a new transmission common to the Bradley Fighting Vehicle family of vehicles, including the Armored Multipurpose Vehicle and the Paladin Integrated Management artillery system.

(2)

A plan to use full and open competition as required by the Federal Acquisition Regulation.

(c)

Timeline

Not later than February 15, 2019, the Secretary of the Army shall submit to the congressional defense committees the strategy developed under subsection (a).

(d)

Limitation

None of the funds authorized to be appropriated for fiscal year 2019 by this Act for Weapons and Tracked Combat Vehicles, Army, may be obligated or expended to procure a Bradley Fighting Vehicle replacement transmission until the date that is 30 days after the date on which the Secretary of the Army submits to the congressional defense committees the plan required by subsection (a).

255.

Independent assessment of electronic warfare plans and programs

(a)

Agreement

(1)

In general

The Secretary of Defense shall seek to enter into an agreement with the private scientific advisory group known as JASON to perform the services covered by this section.

(2)

Timing

The Secretary shall seek to enter into the agreement described in paragraph (1) not later than 120 days after the date of the enactment of this Act.

(b)

Independent assessment

Under an agreement between the Secretary and JASON under this section, JASON shall—

(1)

assess the strategies, programs, order of battle, and doctrine of the Department of Defense related to the electronic warfare mission area and electromagnetic spectrum operations;

(2)

assess the strategies, programs, order of battle, and doctrine of potential adversaries, such as China, Iran, and the Russian Federation, related to the same;

(3)

develop recommendations for improvements to the strategies, programs, and doctrine of the Department of Defense in order to enable the United States to achieve and maintain superiority in the electromagnetic spectrum in future conflicts; and

(4)

develop recommendations for the Secretary, Congress, and such other Federal entities as JASON considers appropriate, including recommendations for—

(A)

closing technical, policy, or resource gaps;

(B)

improving cooperation and appropriate integration within the Department of Defense entities;

(C)

improving cooperation between the United States and other countries and international organizations as appropriate; and

(D)

such other important matters identified by JASON that are directly relevant to the strategies of the Department of Defense described in paragraph (3).

(c)

Liaisons

The Secretary shall appoint appropriate liaisons to JASON to support the timely conduct of the services covered by this section.

(d)

Materials

The Secretary shall provide access to JASON to materials relevant to the services covered by this section, consistent with the protection of sources and methods and other critically sensitive information.

(e)

Clearances

The Secretary shall ensure that appropriate members and staff of JASON have the necessary clearances, obtained in an expedited manner, to conduct the services covered by this section.

(f)

Report

Not later than October 1, 2019, the Secretary shall submit to the congressional defense committees a report on—

(1)

the findings of JASON with respect to the assessments carried out under subsection (b); and

(2)

the recommendations developed by JASON pursuant to such subsection.

(g)

Alternate contract scientific organization

(1)

In general

If the Secretary is unable within the period prescribed in paragraph (2) of subsection (a) to enter into an agreement described in paragraph (1) of such subsection with JASON on terms acceptable to the Secretary, the Secretary shall seek to enter into such agreement with another appropriate scientific organization that—

(A)

is not part of the government; and

(B)

has expertise and objectivity comparable to that of JASON.

(2)

Treatment

If the Secretary enters into an agreement with another organization as described in paragraph (1), any reference in this section to JASON shall be treated as a reference to the other organization.

III

Operation and Maintenance

Subtitle A—Authorization of Appropriations

Sec. 301. Authorization of appropriations.

Subtitle B—Energy and Environment

Sec. 311. Explosive Ordnance Disposal Defense Program.

Sec. 312. Further improvements to energy security and resilience.

Sec. 313. Use of proceeds from sales of electrical energy derived from geothermal resources for projects at military installations where resources are located.

Sec. 314. Operational energy policy.

Sec. 315. Funding of study and assessment of health implications of per- and polyfluoroalkyl substances contamination in drinking water by agency for toxic substances and disease registry.

Sec. 316. Extension of authorized periods of permitted incidental takings of marine mammals in the course of specified activities by Department of Defense.

Sec. 317. Department of Defense environmental restoration programs.

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

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

Sec. 320. Production and use of natural gas at Fort Knox, Kentucky.

Subtitle C—Logistics and Sustainment

Sec. 321. Authorizing use of working capital funds for unspecified minor military construction projects related to revitalization and recapitalization of defense industrial base facilities.

Sec. 322. Examination of Navy vessels.

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

Sec. 324. Temporary modification of workload carryover formula.

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

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

Sec. 327. Report on pilot program for micro-reactors.

Sec. 328. Limitation on modifications to Navy Facilities Sustainment, Restoration, and Modernization structure and mechanism.

Subtitle D—Reports

Sec. 331. Reports on readiness.

Sec. 332. Matters for inclusion in quarterly reports on personnel and unit readiness.

Sec. 333. Annual Comptroller General reviews of readiness of Armed Forces to conduct full spectrum operations.

Sec. 334. Surface warfare training improvement.

Sec. 335. Report on optimizing surface Navy vessel inspections and crew certifications.

Sec. 336. Report on depot-level maintenance and repair.

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

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

Sec. 339. Report on Specialized Undergraduate Pilot Training production, resourcing, and locations.

Sec. 340. Report on Air Force airfield operational requirements.

Sec. 341. Report on Navy surface ship repair contract costs.

Subtitle E—Other Matters

Sec. 351. Coast Guard representation on explosive safety board.

Sec. 352. Transportation to continental United States of retired military working dogs outside the continental United States that are suitable for adoption in the United States.

Sec. 353. Scope of authority for restoration of land due to mishap.

Sec. 354. Repurposing and reuse of surplus Army firearms.

Sec. 355. Study on phasing out open burn pits.

Sec. 356. Notification requirements relating to changes to uniform of members of the uniformed services.

Sec. 357. Reporting on future years budgeting by subactivity group.

Sec. 358. Limitation on availability of funds for service-specific Defense Readiness Reporting Systems.

Sec. 359. Prioritization of environmental impacts for facilities sustainment, restoration, and modernization demolition.

Sec. 360. Sense of Congress relating to Soo Locks, Sault Sainte Marie, Michigan.

Sec. 361. U.S. Special Operations Command Civilian Personnel.

A

Authorization of Appropriations

301.

Authorization of appropriations

Funds are hereby authorized to be appropriated for fiscal year 2019 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, as specified in the funding table in section 4301.

B

Energy and Environment

311.

Explosive Ordnance Disposal Defense Program

(a)

In general

Chapter 136 of title 10, United States Code, as amended by section 851, is further amended by inserting after section 2283, as added by such section 851, the following new section:

2284.

Explosive Ordnance Disposal Defense Program

(a)

In general

The Secretary of Defense shall carry out a program to be known as the Explosive Ordnance Disposal Defense Program (in this section referred to as the Program) under which the Secretary shall ensure close and continuous coordination between military departments on matters relating to explosive ordnance disposal support for commanders of geographic and functional combatant commands.

(b)

Roles, responsibilities, and authorities

The plan under subsection (a) shall include provisions under which—

(1)

the Secretary of Defense shall—

(A)

assign the responsibility for the direction, coordination, integration of the Program within the Department of Defense to an Assistant Secretary of Defense;

(B)

the Assistant Secretary of Defense to whom responsibility is assigned under paragraph (1) shall serve as the key individual for the Program responsible for developing and overseeing policy, plans, programs, and budgets, and issuing guidance and providing direction on Department of Defense explosive ordnance disposal activities;

(C)

designate the Secretary of the Navy, or a designee of the Secretary’s choice, as the executive agent for the Department of Defense responsible for providing oversight of the joint program executive officer who coordinates and integrates joint requirements for explosive ordnance disposal and carries out joint research, development, test, and evaluation and procurement activities on behalf of the military departments and combatant commands with respect to explosive ordnance disposal;

(D)

designate a combat support agency to exercise fund management responsibility of the Department of Defense-wide program element for explosive ordnance disposal research, development, test, and evaluation, transactions other than contracts, cooperative agreements, and grants related to section 2371 of this title during research projects including rapid prototyping and limited procurement urgent activities, and acquisition; and

(E)

designate an Army explosive ordnance disposal-qualified general officer from the combat support agency designated under subparagraph (D) to serve as the Chairman of the Department of Defense explosive ordnance disposal defense program board; and

(2)

the Secretary of each military department shall assess the needs of the military department concerned with respect to explosive ordnance disposal and may carry out research, development, test, and evaluation activities, including other transactions and procurement activities to address military department unique needs such as weapon systems, manned and unmanned vehicles and platforms, cyber and communication equipment, and the integration of explosive ordnance disposal sets, kits and outfits and explosive ordnance disposal tools, equipment, sets, kits, and outfits developed by the department.

(c)

Annual budget justification documents

(1)

For fiscal year 2021 and each fiscal year thereafter, the Secretary of Defense shall submit to Congress with the defense budget materials a consolidated budget justification display, in classified and unclassified form, that includes all of activities of the Department of Defense relating to the Program.

(2)

The budget display under paragraph (1) for a fiscal year shall include a single program element for each of the following:

(A)

Civilian and military pay.

(B)

Research, development, test, and evaluation.

(C)

Procurement.

(D)

Other transaction agreements.

(E)

Military construction.

(3)

The budget display shall include funding data for each of the military department’s respective activities related to explosive ordnance disposal, including—

(A)

operation and maintenance; and

(B)

overseas contingency operations.

.

(b)

Clerical amendment

The table of sections at the beginning of such chapter, as amended by section 851, is further amended by inserting after the item relating to section 2283, as added by such section 851, the following new section:

2284. Explosive Ordnance Disposal Defense Program.

.

312.

Further improvements to energy security and resilience

(a)

Energy policy authority

Section 2911(b) of title 10, United States Code, is amended—

(1)

by redesignating paragraphs (1), (2), and (3) as paragraphs (3), (4), and (5), respectively; and

(2)

by inserting before paragraph (3), as so redesignated, the following new paragraphs:

(1)

establish metrics and standards for the assessment of energy resilience;

(2)

require the Secretary of a military department to perform mission assurance and readiness assessments of energy power systems for mission critical assets and supporting infrastructure, applying uniform mission standards established by the Secretary of Defense;

.

(b)

Reporting on energy security and resilience goals

Section 2911(c) of title 10, United States Code, is amended by adding at the end the following new paragraph:

(3)

The Secretary of Defense shall include the energy security and resilience goals of the Department of Defense in the installation energy report submitted under section 2925(a) of this title for fiscal year 2018 and every fiscal year thereafter. In the development of energy security and resilience goals, the Department of Defense shall conform with the definitions of energy security and resilience under this title. The report shall include the amount of critical energy load, together with the level of availability and reliability by fiscal year the Department of Defense deems necessary to achieve energy security and resilience.

.

(c)

Reporting on installations energy management, energy resilience, and mission assurance

Section 2925(a) of title 10, United States Code, is amended—

(1)

by inserting , including progress on energy resilience at military installations according to metrics developed by the Secretary after under section 2911 of this title;

(2)

in paragraph (3), by striking the mission requirements associated with disruption tolerances based on risk to mission and inserting the downtimes (in minutes or hours) these missions can afford based on their mission requirements and risk tolerances;

(3)

in paragraph (4), by inserting (including critical energy loads in megawatts and the associated downtime tolerances for critical energy loads) after energy requirements and critical energy requirements;

(4)

by redesignating paragraph (5) as paragraph (7); and

(5)

by inserting after paragraph (4) the following new paragraphs:

(5)

A list of energy resilience projects awarded by the Department of Defense by military department and military installation, whether appropriated or alternative financed for the reporting fiscal year, including project description, award date, the critical energy requirements serviced (including critical energy loads in megawatts), expected reliability of the project (as indicated in the awarded contract), life cycle costs, savings to investment, fuel type, and the type of appropriation or alternative financing used.

(6)

A list of energy resilience projects planned by the Department of Defense by military department and military installation, whether appropriated or alternative financed for the next two fiscal years, including project description, fuel type, expected award date, and the type of appropriation or alternative financing expected for use.

.

(d)

Inclusion of energy security and resilience as priorities in contracts for energy or fuel for military installations

Section 2922a(d) of title 10, United States Code, is amended to read as follows:

(d)

The Secretary concerned shall ensure energy security and resilience are prioritized and included in the provision and operation of energy production facilities under this section.

.

(e)

Conveyance authority for utility systems

Section 2688 of title 10, United States Code, is amended—

(1)

in subsection (d)(2), by adding at the end the following: The business case analysis must also demonstrate how a privatized system will operate in a manner consistent with subsection (g)(3).; and

(2)

in subsection (g)(3)—

(A)

by striking may require and inserting shall require; and

(B)

by striking consistent with energy resilience requirements and metrics and inserting consistent with energy resilience and cybersecurity requirements and associated metrics.

(f)

Modification of energy resilience definition

Section 101(e)(6) of title 10, United States Code, is amended by striking task critical assets and other.

(g)

Authority To accept energy performance financial incentives from State and local governments

Section 2913(c) of title 10, United States Code, is amended by inserting a State or local government after generally available from.

(h)

Use of energy cost savings To implement energy resilience and energy conservation construction projects

Section 2912(b)(1) of title 10, United States Code, is amended by inserting , including energy resilience and energy conservation construction projects, after energy security measures.

(i)

Additional basis for preservation of property in the vicinity of military installations in agreements with non-Federal entities on use of such property

Section 2684a(a)(2)(B) of title 10, United States Code, is amended—

(1)

by striking (B) and inserting (B)(i); and

(2)

by adding at the end of the following new clause:

(ii)

maintains or improves military installation resilience; or

.

313.

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

Subsection (b) of section 2916 of title 10, United States Code, is amended—

(1)

in paragraph (1), by striking Proceeds and inserting Except as provided in paragraph (3), proceeds; and

(2)

by adding at the end the following new paragraph:

(3)

In the case of proceeds from a sale of electrical energy generated from any geothermal energy resource—

(A)

50 percent shall be credited to the appropriation account described in paragraph (1); and

(B)

50 percent shall be deposited in a special account in the Treasury established by the Secretary concerned which shall be available, for military construction projects described in paragraph (2) or for installation energy or water security projects directly coordinated with local area energy or groundwater governing authorities, for the military installation in which the geothermal energy resource is located.

.

314.

Operational energy policy

(a)

In general

Section 2926 of title 10, United States Code, is amended—

(1)

by redesignating subsections (a), (b), (c), and (d) as subsections (c), (d), (e), (f), respectively;

(2)

by inserting before subsection (c), as redesignated by paragraph (1), the following new subsections:

(a)

Operational energy policy

In carrying out section 2911(a) of this title, the Secretary of Defense shall ensure the types, availability, and use of operational energy promote the readiness of the armed forces for their military missions.

(b)

Authorities

The Secretary of Defense may—

(1)

require the Secretary of a military department or the commander of a combatant command to assess the energy supportability of systems, capabilities, and plans;

(2)

authorize the use of energy security, cost of backup power, and energy resilience as factors in the cost-benefit analysis for procurement of operational equipment; and

(3)

in selecting equipment that will use operational energy, give favorable consideration to the acquisition of equipment that enhances energy security, energy resilience, energy conservation, and reduces logistical vulnerabilities.

; and

(3)

in subsection (c), as redesignated by subparagraph (A)—

(A)

in the subsection heading, by striking Alternative fuel activities and inserting Functions of the Assistant Secretary of Defense for Energy, Installations, and Environment;

(B)

by striking heads of the military departments and the Assistant Secretary of Defense for Research and Engineering and inserting heads of the appropriate Department of Defense components;

(C)

in paragraph (1), by striking lead the alternative fuel activities and inserting oversee the operational energy activities;

(D)

in paragraph (2), by striking regarding the development of alternative fuels by the military departments and the Office of the Secretary of Defense and inserting regarding the policies and investments that affect the use of operational energy across the Department of Defense;

(E)

in paragraph (3), by striking prescribe policy to streamline the investments in alternative fuel activities across the Department of Defense and inserting recommend to the Secretary policy to improve warfighting capability through energy security and energy resilience; and

(F)

in paragraph (5), by striking subsection (c)(4) and inserting subsection (e)(4).

(b)

Conforming amendments

(1)

Section 2925(b)(1) of title 10, United States Code, is amended by striking section 2926(b) and inserting section 2926(d).

(2)

Section 1061(c)(55) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 111 note) is amended by striking Section 2926(c)(4) and inserting Section 2926(e)(4).

315.

Funding of study and assessment of health implications of per- and polyfluoroalkyl substances contamination in drinking water by agency for toxic substances and disease registry

(a)

Funding

Paragraph (2) of section 316(a) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) is amended to read as follows:

(2)

Funding

(A)

Source of funds

The study and assessment performed pursuant to this section may be paid for using funds authorized to be appropriated to the Department of Defense under the heading Operation and Maintenance, Defense-Wide.

(B)

Transfer authority

(i)

Of the amounts authorized to be appropriated for the Department of Defense for fiscal year 2018, not more than $10,000,000 shall be transferred by the Secretary of Defense, without regard to section 2215 of title 10, United States Code, to the Secretary of Health and Human Services to pay for the study and assessment required by this section.

(ii)

Without regard to section 2215 of title 10, United States Code, the Secretary of Defense may transfer not more than $10,000,000 a year during fiscal years 2019 and 2020 to the Secretary of Health and Human Services to pay for the study and assessment required by this section.

(C)

Expenditure authority

Amounts transferred to the Secretary of Health and Human Services shall be used to carry out the study and assessment under this section through contracts, cooperative agreements, or grants. In addition, such funds may be transferred by the Secretary of Health and Human Services to other accounts of the Department for the purposes of carrying out this section.

(D)

Relationship to other transfer authorities

The transfer authority provided under this paragraph is in addition to any other transfer authority available to the Department of Defense.

.

(b)

Report to Congress on Department of Defense assessment and remediation plan

Not later than 180 days after the date on which the Administrator of the Environmental Protection Agency establishes a maximum contaminant level for per- and polyfluoroalkyl substances (PFAS) contamination in drinking water in a national primary drinking water regulation under section 1412 of the Safe Drinking Water Act (42 U.S.C. 300g-1), the Secretary of Defense shall submit to the congressional defense committees a report containing a plan to—

(1)

assess any contamination at Department of Defense installations and surrounding communities that may have occurred from PFAS usage by the Department of Defense;

(2)

identify any remediation actions the Department plans to undertake using the maximum contaminant level established by the Environmental Protection Agency;

(3)

provide an estimate of the cost of such remediation and a schedule for accomplishing such remediation; and

(4)

provide an assessment of past expenditures by local water authorities to address contamination before the Environmental Protection Agency established a maximum contaminant level and an estimate of the cost to reimburse communities that remediated water to a level not greater than such level.

(c)

Assessment of health effects of PFAS exposure

The Secretary of Defense shall conduct an assessment of the human health implications of PFAS exposure. Such assessment shall include—

(1)

a meta-analysis that considers the current scientific evidence base linking the health effects of PFAS on individuals who served as members of the Armed Forces and were exposed to PFAS at military installations;

(2)

an estimate of the number of members of the Armed Forces and veterans who may have been exposed to PFAS while serving in the Armed Forces;

(3)

the development of a process that would facilitate the transfer between the Department of Defense and the Department of Veterans Affairs of health information of individuals who served in the Armed Forces and may have been exposed to PFAS during such service; and

(4)

a description of the amount of funding that would be required to administer a potential registry of individuals who may have been exposed to PFAS while serving in the Armed Forces.

316.

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

Section 101(a)(5)(A) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371(a)(5)(A)) is amended—

(1)

in clause (i), by striking Upon request and inserting Except as provided by clause (ii), upon request;

(2)

by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; and

(3)

by inserting after clause (i) the following new clause (ii):

(ii)

In the case of a military readiness activity (as defined in section 315(f) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 16 U.S.C. 703 note), clause (i) shall be applied—

(I)

in the matter preceding clause (I), by substituting seven consecutive years for five consecutive years; and

(II)

in clause (I), by substituting seven-year for five-year.

.

317.

Department of Defense environmental restoration programs

(a)

Findings

Congress makes the following findings:

(1)

The Department of Defense has identified nearly 39,500 sites that fall under the installation restoration program sites and munitions response sites.

(2)

The installation response program addresses contamination from hazardous substances, pollutants, or contaminants and active military installations, formerly used defense site properties, and base realignment and closure locations in the United States.

(3)

Munitions response sites are known or suspected to contain unexploded ordnance, discarded military munitions, or munitions constitutes are addressed through the military munitions response program.

(4)

The installation restoration program sites and munitions response sites have had significant impacts on state and local governments that have had to bear the increased costs of environmental degradation, notably groundwater contamination, and local populations that have had to live with the consequences of contaminated drinking, including increased health concerns and decreasing property values.

(5)

Through the end of fiscal year 2017, the Department of Defense had achieved response complete at 86 percent of installation restoration program sites and munitions response sites, but projects that it will fall short of meeting its goal of 90 percent by the end of fiscal year 2018.

(6)

The fiscal year 2019 budget request for environmental restoration and base realignment and closure amounted to nearly $1,318,320,000, a decrease of $53,429,000 from the amount authorized in the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91).

(b)

Sense of Congress

It is the sense of Congress that—

(1)

the environmental restoration and base realignment and closure programs are important for the protection of the environment, the health of the military and civilian personnel and their families who live and work on military installations, to ensure that current and legacy military operations do not adversely affect the health or environments of surrounding communities;

(2)

the Department of Defense and the Armed Forces should seek to reduce the financial burden on state and local government who are bearing significant costs of cleanup stemming from defense related activities;

(3)

the Department of Defense and the Armed Forces should expedite and streamline cleanup at locations where contamination is having a direct impact on civilian access to clean drinking water;

(4)

the Department of Defense and the Armed Forces should continue to engage with and help allay local community concerns about the safety of the drinking water due to environmental degradation caused by defense related activities; and

(5)

the Department of Defense should seek opportunities to accelerate environmental restoration efforts where feasible, to include programming additional resources for response actions, investing in technology solutions that may expedite response actions, improving contracting procedures, increasing contracting capacity, and seeking opportunities for partnerships and other cooperative approaches.

318.

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

(a)

In general

The Secretary of Defense shall enter into an arrangement with the National Oceanic and Atmospheric Administration to conduct a study on how to improve existing National Oceanic and Atmospheric Administration and National Weather Service tools to reflect the latest data and policies to improve consistency in weather radars, with a focus on a research and development and field test evaluation program to validate existing mitigation options and develop additional options for weather radar impact, in collaboration with the National Weather Service, the Department of Energy, and the Federal Aviation Administration, and with input from academia and industry.

(b)

Elements

The study required pursuant to subsection (a) shall include the following:

(1)

The potential impacts of wind farms on NEXRAD radars and other Federal radars for weather forecasts and warnings used by the Department of Defense, the National Oceanic and Atmospheric Administration, and the National Weather Service.

(2)

Recommendations to reduce, mitigate, or eliminate the potential impacts.

(3)

Recommendations for addressing the impacts to NEXRADs and weather radar due to increasing turbine heights.

(4)

Recommendations to ensure wind farms do not impact the ability of the National Oceanic and Atmospheric Administration and the National Weather Service to warn or forecast hazardous weather.

(5)

The cumulative impacts of multiple wind farms near a single radar on the ability of the National Oceanic and Atmospheric Administration and the National Weather Service to warn or forecast hazardous weather.

(6)

An analysis of whether certain wind turbine projects, based on project layout, turbine orientation, number of turbines, density of turbines, proximity to radar, or turbine height result in greater impacts to the missions of Department of Defense, the National Oceanic and Atmospheric Administration, and the National Weather Service, and if so, how can those projects be better cited to reduce or eliminate NEXRAD impacts.

(7)

Case studies where the Department of Defense, the National Weather Service, and industry have worked together to implement solutions.

(8)

Mitigation options, including software and hardware upgrades, which the National Oceanic and Atmospheric Administration and the National Weather Service have researched and analyzed, and the results of such research and analysis.

(9)

A review of mitigation research performed to date by the Government and or academia.

(10)

Identification of future research opportunities, requirements, and recommendations for the SENSR program to mitigate energy development.

(c)

Submittal to Congress

Not later than 12 months after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the study conducted pursuant to subsection (a).

319.

Core sampling at Joint Base San Antonio, Texas

(a)

Site investigation required

The Secretary of the Air Force shall conduct a core sampling study along the proposed route of the W–6 wastewater treatment line on Air Force real property, in compliance with best engineering practices, to determine if any regulated or hazardous substances are present in the soil along the proposed route.

(b)

Report required

Not later than 15 months after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the core samples taken pursuant to subsection (a).

320.

Production and use of natural gas at Fort Knox, Kentucky

(a)

Authority

(1)

In general

The Secretary of the Army is authorized to continue production, treatment, management, and use of the natural gas from covered wells at Fort Knox, without regard to section 3 of the Mineral Leasing Act for Acquired Lands (30 U.S.C. 352), with the limitation that the Secretary of the Army shall comply with the Mineral Leasing Act, Mineral Leasing Act for Acquired Lands, and the Federal Oil and Gas Royalty Management Act, for additional oil or natural gas drilling operations and production activities beyond the production from the covered wells at Fort Knox.

(2)

Contract authority

The Secretary is authorized to enter into a contract with an appropriate entity to carry out paragraph (1), with the limitation that the authority provided in this section does not affect or authorize any interference with the Muldraugh Gas Storage Facility at Fort Knox.

(b)

Royalties to the state of kentucky

(1)

In general

In implementing this section—

(A)

The Secretary of the Interior shall calculate the value of royalty payments, calculated on a calendar year basis beginning on the date of enactment of this section, that the State of Kentucky would have received under the Mineral Leasing Act for Acquired Lands (30 U.S.C. 352) for future natural gas produced at Fort Knox under the authority of this section as though the natural gas had been produced under the Mineral Leasing Act for Acquired Lands, and provide the calculation to the Secretary of the Army.

(B)

Upon request of the Secretary of the Interior, the Secretary of the Army or its contractor shall promptly provide all information, documents, or other materials the Secretary of the Interior deems necessary to conduct this calculation.

(C)

The Secretary of the Army shall pay to the Treasury of the United States the value of royalty calculated under this section upon receipt of the calculation from the Secretary of the Interior.

(D)

The Secretary of the Interior shall disburse the sums collected from the Secretary of the Army pursuant to this paragraph to the State of Kentucky as though the funds were being disbursed to the State under section 6 of the Mineral Leasing Act for Acquired Lands (30 U.S.C. 355) no later than 6 months after the date of the enactment of this Act.

(E)

Regardless of the value of the royalty payments calculated under subparagraph (A), in no case may the amount of the sums disbursed under subparagraph (D) for any calendar year exceed $49,000.

(2)

Waiver authority

The Governor of Kentucky may waive paragraph (1) by providing written notice to the Secretary of the Interior to that effect.

(c)

Ownership of facilities

The Secretary of the Army may take ownership of any gas production and treatment equipment and facilities and associated infrastructure from an entity with which the Secretary has entered into a contract under subsection (a) in accordance with the terms of the contract. The Secretary of the Interior shall have no responsibility for the plugging and abandonment of the covered wells at Fort Knox, the reclamation of the covered wells at Fort Knox, or any environmental damage caused or associated with the production of the covered wells at Fort Knox.

(d)

Applicability

The authority of the Secretary of the Army under this section is effective as of August 2, 2007.

(e)

Limitation on uses

Any natural gas produced under the authority of this section may be used only to support energy security and energy resilience at Fort Knox. For purposes of this section, energy security and energy resilience include maintaining and continuing to produce natural gas from the covered wells at Fort Knox, and enhancing the Fort Knox energy grid through acquisition and maintenance of battery storage, loop transmission lines and pipelines, sub-stations, and automated circuitry.

(f)

Safety standards for gas wells

The covered wells at Fort Knox shall meet the same technical installation and operating standards that they would have had to meet had they been installed under a lease pursuant to the Mineral Leasing Act for Acquired Lands. Such standards include the gas measurement requirements in the Federal Oil and Gas Royalty Management Act and the operational standards in the Onshore Oil and Gas Operating and Production regulations issued by the Bureau of Land Management. The Bureau of Land Management shall inspect and enforce the Army’s and its contractor’s compliance with the standards of the Mineral Leasing Act for Acquired Lands, the Federal Oil and Gas Royalty Management Act, and the Bureau of Land Management Onshore Oil and Gas Operating and Production regulations.

(g)

Covered wells at Fort Knox

In this section, the term covered wells at Fort Knox means the 26 wells located at Fort Knox, Kentucky, as of the date of the enactment of this Act.

C

Logistics and Sustainment

321.

Authorizing use of working capital funds for unspecified minor military construction projects related to revitalization and recapitalization of defense industrial base facilities

Section 2208 of title 10, United States Code, is amended by adding at the end the following new subsection:

(u)

Use for unspecified minor military construction projects to revitalize and recapitalize defense industrial base facilities

(1)

The Secretary of a military department may use a working capital fund of the department under this section to carry out an unspecified minor military construction project under section 2805 for the revitalization and recapitalization of a defense industrial base facility owned by the United States and under the jurisdiction of the Secretary.

(2)

Section 2805 shall apply with respect to a project carried out with a working capital fund under the authority of this subsection in the same manner as such section applies to any unspecified minor military construction project under section 2805.

(3)

In this subsection, the term defense industrial base facility means any Department of Defense depot, arsenal, shipyard, or plant located within the United States.

(4)

The authority to use a working capital fund to carry out a project under the authority of this subsection expires on September 30, 2023.

.

322.

Examination of Navy vessels

(a)

Notice of examinations

Subsection (a) of section 7304 of title 10, United States Code, is amended—

(1)

by striking The Secretary and inserting (1) The Secretary; and

(2)

by adding at the end the following new paragraph:

(2)
(A)

Except as provided in subparagraph (B), any naval vessel examined under this section on or after January 1, 2020, shall be examined with minimal notice provided to the crew of the vessel.

(B)

Subparagraph (A) shall not apply to a vessel undergoing necessary trials before acceptance into the fleet.

.

(b)

Annual report

Such section is further amended by adding at the end the following new subsection:

(d)

Annual report

(1)

Not later than March 1 each year, the board designated under subsection (a) shall submit to the congressional defense committees a report setting forth the following:

(A)

An overall narrative summary of the material readiness of Navy ships as compared to established material requirements standards.

(B)

The overall number and types of vessels inspected during the preceding fiscal year.

(C)

For in-service vessels, material readiness trends by inspected functional area as compared to the previous five years.

(2)

Each report under this subsection shall be submitted in an unclassified form that is releasable to the public without further redaction.

(3)

No report shall be required under this subsection after October 1, 2021.

.

323.

Limitation on length of overseas forward deployment of naval vessels

(a)

Limitation

(1)

In general

Chapter 633 of title 10, United States Code, is amended by adding at the end the following new section:

7320.

Limitation on length of overseas forward deployment of naval vessels

(a)

Limitation

The Secretary of the Navy shall ensure that no naval vessel specified in subsection (b) that is listed in the Naval Vessel Register is forward deployed overseas for a period in excess of ten years. At the end of a period of overseas forward deployment, the vessel shall be assigned a homeport in the United States.

(b)

Vessels specified

A naval vessel specified in this subsection is any of the following:

(1)

Aircraft carrier.

(2)

Amphibious ship.

(3)

Cruiser.

(4)

Destroyer.

(5)

Frigate.

(6)

Littoral Combat Ship.

(c)

Waiver

The Secretary of the Navy may waive the limitation under subsection (a) with respect to a naval vessel if the Secretary submits to the congressional defense committees notice in writing of—

(1)

the waiver of such limitation with respect to the vessel;

(2)

the date on which the period of overseas forward deployment of the vessel is expected to end; and

(3)

the factors used by the Secretary to determine that a longer period of deployment would promote the national defense or be in the public interest.

.

(2)

Clerical amendment

The table of sections at the beginning of such chapter is amended by adding at the end the following new section:

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

.

(b)

Treatment of currently deployed vessels

In the case of any naval vessel that has been forward deployed overseas for a period in excess of ten years as of the date of the enactment of this Act, the Secretary of the Navy shall ensure that such vessel is assigned a homeport in the United States by not later than three years after the date of the enactment of this Act.

(c)

Congressional briefing

Not later than October 1, 2020, the Secretary of the Navy shall provide to the Committees on Armed Services of the Senate and House of Representatives a briefing on the plan of the Secretary for the rotation of forward deployed naval vessels.

324.

Temporary modification of workload carryover formula

During the period beginning on the date of the enactment of this Act and ending on September 30, 2021, in carrying out chapter 9, volume 2B (relating to Instructions for the Preparation of Exhibit Fund-11a Carryover Reconciliation) of Department of Defense regulation 7000.14-R, entitled Financial Management Regulation (FMR), in addition to any other applicable exemptions, the Secretary of Defense shall ensure that with respect to each military department depot or arsenal, outlay rates—

(1)

reflect the timing of when during a fiscal year appropriations have historically funded workload; and

(2)

account for the varying repair cycle times of the workload supported.

325.

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

(a)

Limitation

Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for the Navy for fiscal year 2019 may be obligated or expended for any construction, alteration, repair, or development of the real property consisting of the Former Ship Repair Facility in Guam.

(b)

Exception

The limitation under subsection (a) does not apply to any project that directly supports depot-level ship maintenance capabilities, including the mooring of a floating dry dock.

(c)

Former Ship Repair Facility in Guam

In this section, the term Former Ship Repair Facility in Guam means the property identified by that name under the base realignment and closure authority carried out under the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note).

326.

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

(a)

Business case analysis

The Secretary of the Air Force shall prepare a business case analysis on the proposed relocation of the J85 Engine Regional Repair Center. Such analysis shall include each of the following:

(1)

An overview of each alternative considered for the J85 Engine Regional Repair Center.

(2)

The one-time and annual costs associated with each such alternative.

(3)

The effect of each such alternative on workload capacity, capability, schedule, throughput, and costs.

(4)

The effect of each such alternative on Government-furnished parts, components, and equipment, including mitigation strategies to address known limitations to T38 production throughput, especially such limitations caused by Government-furnished parts, equipment, or transportation.

(5)

The effect of each such alternative on the transition of the Air Force to the T-X training aircraft.

(6)

A detailed rationale for the selection of an alternative considered as part of the business case analysis under this section.

(b)

Limitation on use of funds for relocation

None of the funds authorized to be appropriated by this Act, or otherwise made available for the Air Force, may be obligated or expended for any action to relocate the J85 Engine Regional Repair Center until the date that is 150 days after the date on which the Secretary of the Air Force provides to the Committees on Armed Services of the Senate and House of Representatives a briefing on the business case analysis required by subsection (a).

327.

Report on pilot program for micro-reactors

(a)

Report required

Not later than 12 months after the date of enactment of this Act, the Secretary shall develop and submit to the Committee on Armed Services and the Committee on Energy and Commerce in the House of Representatives and the Committee on Armed Services and the Committee on Energy and Natural Resources in the Senate a report describing the requirements for, and components of, a pilot program to provide resilience for critical national security infrastructure at Department of Defense facilities with high energy intensity and currently expensive utility rates and Department of Energy facilities by contracting with a commercial entity to site, construct, and operate at least one licensed micro-reactor at a facility identified under the report by December 31, 2027.

(b)

Consultation

As necessary to develop the report required under subsection (a), the Secretary shall consult with—

(1)

the Secretary of Defense;

(2)

the Nuclear Regulatory Commission; and

(3)

the Administrator of the General Services Administration.

(c)

Contents

The report required under subsection (a) shall include—

(1)

identification of potential locations to site, construct, and operate a micro-reactor at a Department of Defense or Department of Energy facility that contains critical national security infrastructure that the Secretary determines may not be energy resilient;

(2)

assessments of different nuclear technologies to provide energy resiliency for critical national security infrastructure;

(3)

a survey of potential commercial stakeholders with which to enter into a contract under the pilot program to construct and operate a licensed micro-reactor;

(4)

options to enter into long-term contracting, including various financial mechanisms for such purpose;

(5)

identification of requirements for micro-reactors to provide energy resilience to mission-critical functions at facilities identified under paragraph (1);

(6)

an estimate of the costs of the pilot program;

(7)

a timeline with milestones for the pilot program;

(8)

an analysis of the existing authority of the Department of Energy and Department of Defense to permit the siting, construction, and operation of a micro-reactor; and

(9)

recommendations for any legislative changes to the authorities analyzed under paragraph (8) necessary for the Department of Energy and the Department of Defense to permit the siting, construction, and operation of a micro-reactor.

(d)

Definitions

In this section:

(1)

The term critical national security infrastructure means any site or installation that the Secretary of Energy or the Secretary of Defense determines supports critical mission functions of the national security enterprise.

(2)

The term licensed means holding a license under section 103 or 104 of the Atomic Energy Act of 1954.

(3)

The term micro-reactor means a nuclear reactor that has a power production capacity that is not greater than 50 megawatts.

(4)

The term pilot program means the pilot program described in subsection (a).

(5)

The term Secretary means Secretary of Energy.

(e)

Form

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

(f)

Limitations

This Act does not authorize the Department of Energy or Department of Defense to enter into a contract with respect to the pilot program.

328.

Limitation on modifications to Navy Facilities Sustainment, Restoration, and Modernization structure and mechanism

The Secretary of the Navy may not make any modification to the existing Navy Facilities Sustainment, Restoration, and Modernization structure or mechanism that would modify duty relationships or significantly alter the existing structure until 90 days after providing notice of the proposed modification to the congressional defense committees.

D

Reports

331.

Reports on readiness

(a)

Uniform applicability of readiness reporting system

Subsection (b) of section 117 of title 10, United States Code, is amended—

(1)

by inserting and maintaining after establishing;

(2)

in paragraph (1), by striking reporting system is applied uniformly throughout the Department of Defense and inserting reporting system and associated policies are applied uniformly throughout the Department of Defense, including between and among the joint staff and each of the armed forces;

(3)

by redesignating paragraphs (2) and (3) as paragraphs (5) and (6), respectively;

(4)

by inserting after paragraph (1) the following new paragraphs:

(2)

that is the single authoritative readiness reporting system for the Department, and that there shall be no military service specific systems;

(3)

that readiness assessments are accomplished at an organizational level at, or below, the level at which forces are employed;

(4)

that the reporting system include resources information, force posture, and mission centric capability assessments, as well as predicted changes to these attributes;

; and

(5)

in paragraph (5), as redesignated by paragraph (3) of this subsection, by inserting , or element of a unit, after readiness status of a unit.

(b)

Capabilities of readiness reporting system

Such section is further amended in subsection (c)—

(1)

in paragraph (1)—

(A)

by striking Measure, on a monthly basis, the capability of units and inserting Measure the readiness of units; and

(B)

by striking conduct their assigned wartime missions and inserting conduct their designed and assigned missions;

(2)

in paragraph (2)—

(A)

by striking Measure, on an annual basis, and inserting Measure; and

(B)

by striking wartime missions and inserting designed and assigned missions;

(3)

in paragraph (3)—

(A)

by striking Measure, on an annual basis, and inserting Measure; and

(B)

by striking wartime missions and inserting designed and assigned missions;

(4)

in paragraph (4), by striking Measure, on a monthly basis, and inserting Measure;

(5)

in paragraph (5), by striking Measure, on an annual basis, and inserting Measure;

(6)

by striking paragraphs (6) and (8) and redesignating paragraph (7) as paragraph (6); and

(7)

in paragraph (6), as so redesignated, by striking Measure, on a quarterly basis, and inserting Measure.

(c)

Semi-annual and monthly joint readiness reviews

Such section is further amended in subsection (d)(1)(A) by inserting , which includes a validation of readiness data currency and accuracy after joint readiness review.

(d)

Quarterly report on change in current state of unit readiness

Such section is further amended—

(1)

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

(2)

by inserting after subsection (e) the following new subsection (f):

(f)

Quarterly report on monthly changes in current state of readiness of units

For each quarter that begins after the date of the enactment of this subsection and ends on or before September 30, 2023, the Secretary shall submit to the congressional defense committees a report on each monthly upgrade or downgrade of the current state of readiness of a unit that was issued by the commander of a unit during the previous quarter, together with the rationale of the commander for the issuance of such upgrade or downgrade.

.

(e)

Annual report to Congress on operational contract support

Such section is further amended by inserting after the new subsection (f), as added by subsection (d)(2) of this section, the following new subsection:

(g)

Annual report on operational contract support

The Secretary shall each year submit to the congressional defense committees a report in writing containing the results of the most recent annual measurement of the capability of operational contract support to support current and anticipated wartime missions of the armed forces. Each such report shall be submitted in unclassified form, but may include a classified annex.

.

(f)

Regulations

Such section is further amended in subsection (h), as redesignated by subsection (d)(1) of this section, by striking prescribe the units that are subject to reporting in the readiness reporting system, what type of equipment is subject to such reporting and inserting prescribe the established information technology system for Department of Defense reporting, specifically authorize exceptions to a single-system architecture, and identify the organizations, units, and entities that are subject to reporting in the readiness reporting system, what organization resources are subject to such reporting.

(g)

Conforming amendments

(1)

Section heading

Such section is further amended in the section heading by striking : establishment; reporting to congressional committees.

(2)

Table of sections

The table of sections at the beginning of chapter 2 is amended by striking the item relating to section 117 and inserting the following new item:

117. Readiness reporting system.

.

332.

Matters for inclusion in quarterly reports on personnel and unit readiness

Section 482 of title 10, United States Code, is amended—

(1)

in subsection (b)(1), by inserting after deficiency the following: in the ground, sea, air, space, and cyber forces, and in such other such areas as determined by the Secretary of Defense,; and

(2)

in subsection (d)—

(A)

in the subsection heading, by striking assigned mission;

(B)

by striking paragraph (3);

(C)

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

(D)

by inserting after paragraph (1) the following new paragraph (2):

(2)

A report for the second or fourth quarter of a calendar year under this section shall also include an assessment by each commander of a geographic or functional combatant command of the readiness of the command to conduct operations in a multidomain battle that integrates ground, air, sea, space, and cyber forces.

.

333.

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

(a)

Reviews required

For each of calendar years 2018 through 2021, the Comptroller General of the United States shall conduct an annual review of the readiness of the Armed Forces to conduct each of the following types of full spectrum operations:

(1)

Ground.

(2)

Sea.

(3)

Air.

(4)

Space.

(5)

Cyber.

(b)

Elements of review

In conducting a review under subsection (a), the Comptroller General shall—

(1)

use standard methodology and reporting formats in order to show changes over time;

(2)

evaluate, using fiscal year 2017 as the base year of analysis—

(A)

force structure;

(B)

the ability of major operational units to conduct operations; and

(C)

the status of equipment, manning, and training; and

(3)

provide reasons for any variances in readiness levels, including changes in funding, availability in parts, training opportunities, and operational demands.

(c)

Metrics

For purposes of the reviews required by this section, the Secretary of Defense shall identify and establish metrics for measuring readiness for the operations covered by subsection (a). In the first review conducted under this section, the Comptroller General shall evaluate and determine the validity of such metrics.

(d)

Access to relevant data

For purposes of this section, the Secretary of Defense shall ensure that the Comptroller General has access to all relevant data, including—

(1)

any assessments of the ability of the Department of Defense and the Armed Forces to execute operational and contingency plans;

(2)

any internal Department readiness and force structure assessments; and

(3)

the readiness databases of the Department and the Armed Forces.

(e)

Reports

(1)

Annual report

Not later than February 28, 2019, and annually thereafter until 2022, the Comptroller General shall submit to the Committees on Armed Services of the Senate and House of Representatives an annual report on the review conducted under subsection (a) for the year preceding the year during which the report is submitted.

(2)

Additional reports

At the discretion of the Comptroller General, the Comptroller General may submit to the Committees on Armed Services of the Senate and House of Representatives additional reports addressing specific mission areas within the operations covered by subsection (a) in order to provide an independent assessment of readiness in the areas of equipping, mapping, and training.

334.

Surface warfare training improvement

(a)

Findings

Congress makes the following findings:

(1)

In 2017, there were three collisions and one grounding involving United States Navy ships in the Western Pacific. The two most recent mishaps involved separate incidents of a Japan-based United States Navy destroyer colliding with a commercial merchant vessel, resulting in the combined loss of 17 sailors.

(2)

The causal factors in these four mishaps are linked directly to a failure to take sufficient action in accordance with the rules of good seamanship.

(3)

Because risks are high in the maritime environment, there are widely accepted standards for safe seamanship and navigation. In the United States, the International Convention on Standards of Training, Certification and Watchkeeping (hereinafter in this section referred to as the STCW) for Seafarers, standardizes the skills and foundational knowledge a maritime professional must have in seamanship and navigation.

(4)

Section 568 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2139) endorsed the STCW process and required the Secretary of Defense to maximize the extent to which Armed Forces service, training, and qualifications are creditable toward meeting merchant mariner licenses and certifications.

(5)

The Surface Warfare Officer Course Curriculum is being modified to include ten individual Go/No Go Mariner Assessments/Competency Check Milestones to ensure standardization and quality of the surface warfare community.

(6)

The Military-to-Mariner Transition report of September 2017 notes the Army maintains an extensive STCW qualifications program and that a similar Navy program does not exist.

(b)

Sense of Congress

It is the sense of Congress that—

(1)

the Secretary of the Navy should establish a comprehensive individual proficiency assessment process and include such an assessment prior to all operational surface warfare officer tour assignments; and

(2)

the Secretary of the Navy should significantly expand the STCW qualifications process to improve seamanship and navigation individual skills training for surface warfare candidates, surface warfare officers, quartermasters and operations specialists to include an increased set of courses that directly correspond to STCW standards.

(c)

Report

Not later than March 1, 2019, the Secretary of the Navy shall submit to the congressional defense committees a report that includes each of the following:

(1)

A detailed description of the surface warfare officer assessments process.

(2)

A list of programs that have been approved for credit toward merchant mariner credentials.

(3)

A complete gap analysis of the existing surface warfare training curriculum and STCW.

(4)

A complete gap analysis of the existing surface warfare training curriculum and the 3rd mate unlimited licensing requirement.

(5)

An assessment of surface warfare options to complete the 3rd mate unlimited license and the STCW qualification.

335.

Report on optimizing surface Navy vessel inspections and crew certifications

(a)

Report required

Not later than one year after the date of the enactment of this Act, the Secretary of the Navy shall submit to Congress a report on optimizing surface Navy vessel inspections and crew certifications to reduce the burden of inspection type visits that vessels undergo. Such report shall include—

(1)

an audit of all surface Navy vessel inspections, certifications, and required and recommended assist visits;

(2)

an analysis of such inspections, certifications, and visits for redundancies, as well as any necessary items not covered;

(3)

recommendations to streamline surface vessel inspections, certifications, and required and recommended assist visits to optimize effectiveness, improve material readiness, and restore training readiness; and

(4)

recommendations for congressional action to address the needs of the Navy as identified in the report.

(b)

Congressional briefing

Not later than January 31, 2019, the Secretary of the Navy shall provide to the Senate Committee on Armed Services and the House Committee on Armed Services an interim briefing on the matters to be included in the report required by subsection (a).

336.

Report on depot-level maintenance and repair

The Secretary of Defense, in consultation with the heads of each of the military departments and the Chairman of the Joint Chiefs of Staff, shall submit to the congressional defense committees a report on labor hours and depot maintenance, which shall include—

(1)

the amount of public and private funding of depot-level maintenance and repair (as defined in section 2460 of title 10 United States Code) for the Department of Defense, Army, Navy, Marine Corps, Air Force, Special Operations Command, and any other unified command identified by the Secretary, expressed by commodity group by percentage and actual numbers in terms of dollars and direct labor hours;

(2)

within each category of depot level maintenance and repair for each entities, the amount of the subset of depot maintenance workload that meets the description under section 2464 of title 10, United States Code, that is performed in the public and private sectors by direct labor hours and by dollars;

(3)

of the subset referred to in paragraph (2), the amount of depot maintenance workload performed in the public and private sector by direct labor hour and by dollars for each entity that would otherwise be considered core workload under such section 2464, but is not considered core because a weapon system or equipment has not been declared a program of record; and

(4)

the projections for the upcoming future years defense program, including the distinction between the Navy and the Marine Corps for the Department of the Navy, as well as any unified command, including the Special Operations Command.

337.

Report on wildfire suppression capabilities of active and reserve components

(a)

Sense of Congress

It is the sense of Congress that wildfires endanger national security.

(b)

Report

Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the wildfire suppression capabilities within the active and reserve components of the Armed Forces, including the Modular Airborne Fire Fighting System Program, and interagency cooperation with the Forest Service and the Department of the Interior.

338.

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

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Under Secretary of Defense for Acquisition, Technology, and Logistics and the Assistant Secretary of the Navy for Research, Development, and Acquisition, shall develop and submit to Congress a report describing the potential impacts on national defense and the manufacturing base resulting from contractors or subcontractors relocating steam turbine production for Nimitz-class and Ford-class aircraft carriers and Virginia-class and Columbia-class submarines. Such report shall address each of the following:

(1)

The overall risk of moving production on the national security of the United States, including the likelihood of production delay or reduction in quality of steam turbines.

(2)

The impact on national security from a delay in production of aircraft carriers and submarines.

(3)

The impacts on regional suppliers the current production of steam turbines draw on and their ability to perform other contracts should a relocation happen.

(4)

The impact on the national industrial and manufacturing base and loss of a critically skilled workforce resulting from a relocation of production.

(5)

The risk of moving production on total cost of the acquisition.

339.

Report on Specialized Undergraduate Pilot Training production, resourcing, and locations

(a)

In general

Not later than March 1, 2019, the Secretary of the Air Force shall submit to the congressional defense committees a report on existing Specialized Undergraduate Pilot Training (SUPT) production, resourcing, and locations.

(b)

Elements

The report required under subsection (a) shall include the following elements:

(1)

A description of the strategy of the Air Force for utilizing existing SUPT locations to produce the number of pilots the Air Force requires.

(2)

The number of pilots that each SUPT location has graduated, by year, over the previous 5 fiscal years.

(3)

The forecast number of pilots that each SUPT location will produce for fiscal year 2019.

(4)

The maximum production capacity of each SUPT location.

(5)

The extent to which existing SUPT installations are operating at maximum capacity in terms of pilot production.

(6)

A cost estimate of the resources required for each SUPT location to reach maximum production capacity.

(7)

A determination as to whether increasing production capacity at existing SUPT locations will satisfy the Air Force’s SUPT requirement.

(8)

A timeline and cost estimation of establishing a new SUPT location.

(9)

A discussion of whether the Air Force plans to operate existing SUPT installations at maximum capacity over the future years defense program.

(10)

A business case analysis comparing the establishment of a new SUPT location to increasing production capacity at existing SUPT locations.

340.

Report on Air Force airfield operational requirements

(a)

In general

Not later than February 1, 2019, the Secretary of the Air Force shall conduct an assessment and submit to the congressional defense committees a report detailing the operational requirements for Air Force airfields.

(b)

Elements

The report required under subsection (a) shall include the following elements:

(1)

An assessment of the state of airfields where runway degradation currently poses a threat to operations and airfields where such degradation threatens operations in the next five and ten years.

(2)

A description of the operational requirements for airfields, including an assessment of the impact to operations, cost to repair, cost to replace, remaining useful life, and the required daily maintenance to ensure runways are acceptable for full operations.

(3)

A description of any challenges with infrastructure acquisition methods and processes.

(4)

An assessment of the operational impact in the event a runway were to become inoperable due to a major degradation incident, such as a crack or fracture resulting from lack of maintenance and repair.

(5)

A plan to address any shortfalls associated with the Air Force's runway infrastructure.

(c)

Form

The report required under subsection (a) shall be in unclassified form but may contain a classified annex as necessary.

341.

Report on Navy surface ship repair contract costs

(a)

Report required

Not later than 120 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a report on Navy surface ship repair contract costs.

(b)

Elements

The report required under subsection (a) shall include, for each private sector maintenance availability for a conventionally-powered Navy surface ship for the prior two completed fiscal years, the following elements:

(1)

Name of the ship.

(2)

Location of the availability.

(3)

Prime contractor performing the availability.

(4)

Date of the contract award.

(5)

Type of contract used, such as firm-fixed-price or cost-plus-fixed-fee.

(6)

Solicitation number.

(7)

Number of offers received in response to the solicitation.

(8)

Contract target cost at the date of contract award.

(9)

Contract ceiling cost of the contract at the date of contract award.

(10)

Duration of the availability in days, including start and end dates, at the date of contract award.

(11)

Final contract cost.

(12)

Final delivery cost.

(13)

Actual duration of the availability in days, including start and end dates.

(14)

Description of growth work that was added after the contract award, including the associated cost.

(15)

Explanation of why the growth work described in paragraph (14) was not included in the scope of work associated with the original contract award.

E

Other Matters

351.

Coast Guard representation on explosive safety board

Section 172(a) of title 10, United States Code, is amended—

(1)

by striking and Marine Corps and inserting Marine Corps, and Coast Guard; and

(2)

by adding at the end the following new sentence: When the Coast Guard is not operating as a service in the Department of the Navy, the Secretary of Homeland Security shall appoint an officer of the Coast Guard to serve as a voting member of the board..

352.

Transportation to continental United States of retired military working dogs outside the continental United States that are suitable for adoption in the United States

Section 2583(f) of title 10, United States Code, is amended by adding at the end the following new paragraph:

(3)
(A)

In the case of a military working dog located outside the continental United States at the time of retirement that is suitable for adoption at that time, the Secretary of the military department concerned shall undertake transportation of the dog to the continental United States (including transportation by contract at United States expense) for adoption under this section unless—

(i)

the dog is adopted as described in paragraph (2)(A); or

(ii)

transportation of the dog to the continental United States would not be in the best interests of the dog for medical reasons.

(B)

Nothing in this paragraph shall be construed to alter the preference in adoption of retired military working dogs for former handlers as set forth in subsection (g).

.

353.

Scope of authority for restoration of land due to mishap

Subsection (e) of section 2691 of title 10, United States Code, as added by section 2814 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1849), is amended by adding at the end the following new paragraph:

(3)

The authority under paragraphs (1) and (2) includes activities and expenditures necessary to complete restoration to meet the regulations of the Federal department or agency with administrative jurisdiction over the affected land, which may be different than the regulations of the Department of Defense.

.

354.

Repurposing and reuse of surplus Army firearms

Section 348(b) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1365) is amended by inserting shredded or before melted and repurposed.

355.

Study on phasing out open burn pits

(a)

Report

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report that includes—

(1)

details of any ongoing use of open burn pits; and

(2)

the feasibility of phasing out the use of open burn pits by using technology incinerators.

(b)

Open burn pit defined

In this section, the term open burn pit means an area of land—

(1)

that is designated by the Secretary of Defense to be used for disposing solid waste by burning in the outdoor air; and

(2)

does not contain a commercially manufactured incinerator or other equipment specifically designed and manufactured for the burning of solid waste.

356.

Notification requirements relating to changes to uniform of members of the uniformed services

(a)

DLA notification

The Secretary of a military department shall notify the Commander of the Defense Logistics Agency of any plan to implement a change to any uniform or uniform component of a member of the uniformed services. Such notification shall be made not less than three years prior to the implementation of such change.

(b)

Contractor notification

The Commander of the Defense Logistics Agency shall notify a contractor when one of the uniformed services plans to make a change to a uniform component that is provided by that contractor. Such a notification shall be made not less than 12 months prior to any announcement of a public solicitation for the manufacture of the new uniform component.

(c)

Waiver

If the Secretary of a military department or the Commander of the Defense Logistics Agency determines that the notification requirement under subsection (a) would adversely affect operational safety, force protection, or the national security interests of the United States, the Secretary or the Commander may waive such requirement.

357.

Reporting on future years budgeting by subactivity group

Along with the budget for each fiscal year submitted by the President pursuant to section 1105(a) of title 31, United States Code, the Secretary of Defense and the Secretaries of the military departments shall include in the OP-5 Justification Books, as detailed by Department of Defense Financial Management Regulation 7000.14–R, the amount for each individual subactivity group, as detailed in the Department’s future years defense program pursuant to section 221 of title 10, United States Code.

358.

Limitation on availability of funds for service-specific Defense Readiness Reporting Systems

(a)

Limitation

None of the funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense for fiscal year 2019 for research, development, test, and evaluation or procurement, and available to develop service-specific Defense Readiness Reporting Systems (referred to in this section as DRRS) may be made available for such purpose except for required maintenance and in order to facilitate the transition to DRRS-Strategic (referred to in this section as DRRS-S).

(b)

Plan

Not later than February 1, 2019, the Under Secretary for Personnel and Readiness shall submit to the congressional defense committees a resource and funding plan to include a schedule with relevant milestones on the elimination of service-specific DRRS and the migration of the military services and other organizations to DRRS-S.

(c)

Transition

The military services shall complete the transition to DRRS-S not later than October 1, 2019. The Secretary of Defense shall notify the congressional defense committees upon the complete transition of the services.

(d)

Reporting requirement

(1)

In general

The Under Secretary for Personnel and Readiness, the Under Secretary for Acquisition and Sustainment, and the Under Secretary for Research and Engineering, in coordination with the Secretaries of the military departments and other organizations with relevant technical expertise, shall establish a working group including individuals with expertise in application or software development, data science, testing, and development and assessment of performance metrics to assess the current process for collecting, analyzing, and communicating readiness data, and develop a strategy for implementing any recommended changes to improve and establish readiness metrics using the current DRRS-Strategic platform.

(2)

Elements

The assessment conducted pursuant to paragraph (1) shall include—

(A)

identification of modern tools, methods, and approaches to readiness to more effectively and efficiently collect, analyze, and make decision based on readiness data; and

(B)

consideration of cost and schedule.

(3)

Submission to Congress

Not later than February 1, 2020, the Secretary of Defense shall submit to the congressional defense committees the assessment conducted pursuant to paragraph (1).

(e)

Defense readiness reporting requirements

To the maximum extent practicable, the Secretary of Defense shall meet defense readiness reporting requirements consistent with the recommendations of the working group established under subsection (d)(1).

359.

Prioritization of environmental impacts for facilities sustainment, restoration, and modernization demolition

The Secretary of Defense shall establish prioritization metrics for facilities deemed eligible for demolition within the Facilities Sustainment, Restoration, and Modernization (FSRM) process. Those metrics shall include full spectrum readiness and environmental impacts, including the removal of contamination.

360.

Sense of Congress relating to Soo Locks, Sault Sainte Marie, Michigan

It is the sense of Congress that—

(1)

the Soo Locks in Sault Ste. Marie, Michigan, are of critical importance to the national security of the United States;

(2)

the Soo Locks are the only waterway connection from Lake Superior to the Lower Great Lakes and the St. Lawrence Seaway;

(3)

only the Poe Lock is of sufficient size to allow for the passage of the largest cargo vessels that transport well over 90 percent of all iron ore mined in the United States, and this lock is nearing the end of its 50-year useful lifespan;

(4)

a report issued by the Office of Cyber and Infrastructure Analysis of the Department of Homeland Security concluded that an unscheduled 6-month outage of the Poe Lock would cause—

(A)

a dramatic increase in national and regional unemployment; and

(B)

75 percent of Great Lakes steel production, and nearly all North American appliance, automobile, railcar, and construction, farm, and mining equipment production to cease;

(5)

the Corps of Engineers is reevaluating a past economic evaluation report to update the benefit-to-cost ratio for building a new lock at the Soo Locks; and

(6)

the Secretary of the Army and all relevant Federal agencies should—

(A)

expedite the completion of the report described in paragraph (5) and ensure the analysis adequately reflects the critical importance of the Soo Locks infrastructure to the national security and economy of the United States; and

(B)

expedite all other necessary reviews, analysis, and approvals needed to speed the required upgrades at the Soo Locks.

361.

U.S. Special Operations Command Civilian Personnel

Notwithstanding section 143 of title 10, United States Code, of the funds authorized to be appropriated by this Act for Operation and Maintenance, Defense-wide for United States Special Operations Command civilian personnel, not less than $4,000,000 shall be used to fund additional civilian personnel in or directly supporting the office of the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict to support the Assistant Secretary in fulfilling the additional responsibilities of the Assistant Secretary that were added by the amendments to sections 138(b)(4), 139b, and 167 of title 10, United States Code, made by section 922 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328).

IV

Military Personnel Authorizations

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.

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

Subtitle B—Reserve Forces

Sec. 411. End strengths for Selected Reserve.

Sec. 412. End strengths for reserves on active duty in support of the reserves.

Sec. 413. End strengths for military technicians (dual status).

Sec. 414. Maximum number of reserve personnel authorized to be on active duty for operational support.

Subtitle C—Authorization of Appropriations

Sec. 421. Military personnel.

A

Active Forces

401.

End strengths for active forces

The Armed Forces are authorized strengths for active duty personnel as of September 30, 2019, as follows:

(1)

The Army, 487,500.

(2)

The Navy, 335,400.

(3)

The Marine Corps, 186,100.

(4)

The Air Force, 329,100.

402.

Revisions in permanent active duty end strength minimum levels

Section 691(b) of title 10, United States Code, is amended by striking paragraphs (1) through (4) and inserting the following new paragraphs:

(1)

For the Army, 487,500.

(2)

For the Navy, 335,400.

(3)

For the Marine Corps, 186,100.

(4)

For the Air Force, 329,100.

.

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, 2019, as follows:

(1)

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

(2)

The Army Reserve, 199,500.

(3)

The Navy Reserve, 59,100.

(4)

The Marine Corps Reserve, 38,500.

(5)

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

(6)

The Air Force Reserve, 70,000.

(7)

The Coast Guard Reserve, 7,000.

(b)

End strength reductions

The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by—

(1)

the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and

(2)

the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year.

(c)

End strength increases

Whenever units or individual members of the Selected Reserve of any reserve component are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members.

412.

End strengths for reserves on active duty in support of the reserves

Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2019, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components:

(1)

The Army National Guard of the United States, 30,595.

(2)

The Army Reserve, 16,386.

(3)

The Navy Reserve, 10,110.

(4)

The Marine Corps Reserve, 2,261.

(5)

The Air National Guard of the United States, 19,861.

(6)

The Air Force Reserve, 3,849.

413.

End strengths for military technicians (dual status)

The minimum number of military technicians (dual status) as of the last day of fiscal year 2019 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following:

(1)

For the Army National Guard of the United States, 22,294.

(2)

For the Army Reserve, 6,492.

(3)

For the Air National Guard of the United States, 15,861.

(4)

For the Air Force Reserve, 8,880.

414.

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

During fiscal year 2019, the maximum number of members of the reserve components of the Armed Forces who may be serving at any time on full-time operational support duty under section 115(b) of title 10, United States Code, is the following:

(1)

The Army National Guard of the United States, 17,000.

(2)

The Army Reserve, 13,000.

(3)

The Navy Reserve, 6,200.

(4)

The Marine Corps Reserve, 3,000.

(5)

The Air National Guard of the United States, 16,000.

(6)

The Air Force Reserve, 14,000.

C

Authorization of Appropriations

421.

Military personnel

(a)

Authorization of appropriations

Funds are hereby authorized to be appropriated for fiscal year 2019 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for military personnel, as specified in the funding table in section 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 2019.

V

Military Personnel Policy

Subtitle A—Officer Personnel Policy

Sec. 501. Repeal of requirement for ability to complete 20 years of service by age 62 as qualification for original appointment as a regular commissioned officer.

Sec. 502. Enhancement of availability of constructive service credit for private sector training or experience upon original appointment as a commissioned officer.

Sec. 503. Standardized temporary promotion authority across the military departments for officers in certain grades with critical skills.

Sec. 504. Authority for promotion boards to recommend officers of particular merit be placed higher on a promotion list.

Sec. 505. Authority for officers to opt out of promotion board consideration.

Sec. 506. Applicability to additional officer grades of authority for continuation on active duty of officers in certain military specialties and career tracks.

Sec. 507. Alternative promotion authority for officers in designated competitive categories of officers.

Sec. 508. Attending Physician to the Congress.

Sec. 509. Matters relating to satisfactory service in grade for purposes of retirement grade of officers in highest grade of satisfactory service.

Sec. 510. Grades of Chiefs of Chaplains.

Sec. 511. Repeal of original appointment qualification requirement for warrant officers in the regular Army.

Sec. 512. Reduction in number of years of active naval service required for permanent appointment as a limited duty officer.

Sec. 513. Authority to designate certain reserve officers as not to be considered for selection for promotion.

Sec. 514. GAO review of surface warfare career paths.

Subtitle B—Reserve Component Management

Sec. 515. Authorized strength and distribution in grade.

Sec. 516. Repeal of prohibition on service on Army Reserve Forces Policy Committee by members on active duty.

Sec. 517. Expansion of personnel subject to authority of the Chief of the National Guard Bureau in the execution of functions and missions of the National Guard Bureau.

Sec. 518. Authority to adjust effective date of promotion in the event of undue delay in extending Federal recognition of promotion.

Sec. 519. National Guard Youth Challenge Program.

Sec. 520. Extension of authority for pilot program on use of retired senior enlisted members of the Army National Guard as Army National Guard recruiters.

Subtitle C—General Service Authorities and Correction of Military Records

Sec. 521. Enlistments vital to the national interest.

Sec. 522. Statement of benefits.

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

Sec. 524. Assessment of Navy standard workweek and related adjustments.

Sec. 525. Notification on manning of afloat naval forces.

Sec. 526. Navy watchstander records.

Sec. 527. Qualification experience requirements for certain Navy watchstations.

Subtitle D—Military Justice

Sec. 531. Inclusion of strangulation and suffocation in conduct constituting aggravated assault for purposes of the Uniform Code of Military Justice.

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

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

Sec. 534. Report on feasibility of expanding services of the Special Victims’ Counsel to victims of domestic violence.

Sec. 535. Uniform command action form on disposition of unrestricted sexual assault cases involving members of the Armed Forces.

Sec. 536. Standardization of policies related to expedited transfer in cases of sexual assault or domestic violence.

Subtitle E—Other Legal Matters

Sec. 541. Clarification of expiration of term of appellate military judges of the United States Court of Military Commission Review.

Sec. 542. Security clearance reinvestigation of certain personnel who commit certain offenses.

Sec. 543. Development of oversight plan for implementation of Department of Defense harassment prevention and response policy.

Sec. 544. Oversight of registered sex offender management program.

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

Sec. 546. Improved crime reporting.

Sec. 547. Report on victims of sexual assault in reports of military criminal investigative organizations.

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

Sec. 551. Permanent career intermission program.

Sec. 552. Improvements to Transition Assistance Program.

Sec. 553. Repeal of program on encouragement of postseparation public and community service.

Sec. 554. Clarification of application and honorable service requirements under the Troops-to-Teachers Program to members of the Retired Reserve.

Sec. 555. Employment and compensation of civilian faculty members at the Joint Special Operations University.

Sec. 556. Program to assist members of the Armed Forces in obtaining professional credentials.

Sec. 557. Enhancement of authorities in connection with Junior Reserve Officers' Training Corps programs.

Sec. 558. Expansion of period of availability of Military OneSource program for retired and discharged members of the Armed Forces and their immediate families.

Sec. 559. Prohibition on use of funds for attendance of enlisted personnel at senior level and intermediate level officer professional military education courses.

Subtitle G—Defense Dependents’ Education

Sec. 561. Assistance to schools with military dependent students.

Sec. 562. Department of Defense Education Activity policies and procedures on sexual harassment of students of Activity schools.

Sec. 563. Department of Defense Education Activity misconduct database.

Sec. 564. Assessment and report on active shooter threat mitigation at schools located on military installations.

Subtitle H—Military Family Readiness Matters

Sec. 571. Department of Defense Military Family Readiness Council matters.

Sec. 572. Enhancement and clarification of family support services for family members of members of special operations forces.

Sec. 573. Temporary expansion of authority for noncompetitive appointments of military spouses by Federal agencies.

Sec. 574. Improvement of My Career Advancement Account program for military spouses.

Sec. 575. Assessment and report on the effects of permanent changes of station on employment among military spouses.

Sec. 576. Provisional or interim clearances to provide childcare services at military childcare centers.

Sec. 577. Multidisciplinary teams for military installations on child abuse and other domestic violence.

Sec. 578. Pilot program for military families: prevention of child abuse and training on safe childcare practices.

Sec. 579. Assessment and report on small business activities of military spouses on military installations in the United States.

Subtitle I—Decorations and Awards

Sec. 581. Atomic veterans service certificate.

Sec. 582. Award of medals or other commendations to handlers of military working dogs.

Sec. 583. Authorization for award of distinguished-service cross to Justin T. Gallegos for acts of valor during Operation Enduring Freedom.

Subtitle J—Miscellaneous Reports and Other Matters

Sec. 591. Annual defense manpower requirements report matters.

Sec. 592. Burial of unclaimed remains of inmates at the United States Disciplinary Barracks Cemetery, Fort Leavenworth, Kansas.

Sec. 593. Standardization of frequency of academy visits of the Air Force Academy Board of Visitors with academy visits of boards of other military service academies.

Sec. 594. National Commission on Military, National, and Public Service matters.

Sec. 595. Public availability of top-line numbers of deployed members of the Armed Forces.

Sec. 596. Report on general and flag officer costs.

Sec. 597. Study on active service obligations for medical training with other service obligations for education or training and health professional recruiting.

Sec. 598. Criteria for interment at Arlington National Cemetery.

Sec. 599. Limitation on use of funds pending submittal of report on Army Marketing and Advertising Program.

Sec. 600. Proof of period of military service for purposes of interest rate limitation under the Servicemembers Civil Relief Act.

A

Officer Personnel Policy

501.

Repeal of requirement for ability to complete 20 years of service by age 62 as qualification for original appointment as a regular commissioned officer

(a)

Repeal

Subsection (a) of section 532 of title 10, United States Code, is amended—

(1)

by striking paragraph (2); and

(2)

by redesignating paragraphs (3), (4), and (5) as paragraphs (2), (3), and (4), respectively.

(b)

Conforming amendment

Such section is further amended by striking subsection (d).

(c)

Effective date

The amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply with respect to original appointments of regular commissioned officers of the Armed Forces made on or after that date.

502.

Enhancement of availability of constructive service credit for private sector training or experience upon original appointment as a commissioned officer

(a)

Regular officers

(1)

In general

Subsection (b) of section 533 of title 10, United States Code, is amended—

(A)

in paragraph (1), by striking subparagraph (D) and inserting the following new subparagraph (D):

(D)

Additional credit for special training or experience in a particular officer career field as designated by the Secretary concerned, if such training or experience is directly related to the operational needs of the armed force concerned.

; and

(B)

in paragraph (2)—

(i)

by striking Except as authorized by the Secretary concerned in individual cases and under regulations prescribed by the Secretary of Defense in the case of a medical or dental officer, the amount and inserting The amount; and

(ii)

by striking in the grade of major in the Army, Air Force, or Marine Corps or lieutenant commander in the Navy and inserting in the grade of colonel in the Army, Air Force, or Marine Corps or captain in the Navy.

(2)

Repeal of temporary authority for service credit for critically necessary cyberspace-related experience

Such section is further amended—

(A)

in subsections (a)(2) and (c), by striking or (g); and

(B)

by striking subsection (g).

(b)

Reserve officers

(1)

In general

Subsection (b) of section 12207 of title 10, United States Code, is amended—

(A)

in paragraph (1), by striking subparagraph (D) and inserting the following new subparagraph (D):

(D)

Additional credit for special training or experience in a particular officer career field as designated by the Secretary concerned, if such training or experience is directly related to the operational needs of the armed force concerned.

; and

(B)

by striking paragraph (3) and inserting the following new paragraph (3):

(3)

The amount of constructive service credit credited to an officer under this subsection may not exceed the amount required in order for the officer to be eligible for an original appointment as a reserve officer of the Army, Air Force, or Marine Corps in the grade of colonel or as a reserve officer of the Navy in the grade of captain.

.

(2)

Repeal of temporary authority for service credit for critically necessary cyberspace-related experience

Such section is further amended—

(A)

by striking subsection (e);

(B)

by redesignating subsections (f) and (g) as subsections (e) and (f), respectively; and

(C)

in subsection (e), as redesignated by subparagraph (B), by striking , (d), or (e) and inserting or (d).

503.

Standardized temporary promotion authority across the military departments for officers in certain grades with critical skills

(a)

Standardized temporary promotion authority

(1)

In general

Chapter 35 of title 10, United States Code, is amended by adding at the end the following new section:

605.

Promotion to certain grades for officers with critical skills: colonel, lieutenant colonel, major, captain; captain, commander, lieutenant commander, lieutenant

(a)

In general

An officer in the grade of first lieutenant, captain, major, or lieutenant colonel in the Army, Air Force, or Marine Corps, or lieutenant (junior grade), lieutenant, lieutenant commander, or commander in the Navy, who is described in subsection (b) may be temporarily promoted to the grade of captain, major, lieutenant colonel, or colonel in the Army, Air Force, or Marine Corps, or lieutenant, lieutenant commander, commander, or captain in the Navy, as applicable, under regulations prescribed by the Secretary of the military department concerned. Appointments under this section shall be made by the President, by and with the advice and consent of the Senate.

(b)

Covered officers

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

(1)

has a skill in which the armed force concerned has a critical shortage of personnel (as determined by the Secretary of the military department concerned); and

(2)

is serving in a position (as determined by the Secretary of the military department concerned) that—

(A)

is designated to be held by a captain, major, lieutenant colonel, or colonel in the Army, Air Force, or Marine Corps, or lieutenant, lieutenant commander, commander, or captain in the Navy, as applicable; and

(B)

requires that an officer serving in such position have the skill possessed by such officer.

(c)

Preservation of position and status of officers appointed

An appointment under this section does not change the position on the active-duty list or the permanent, probationary, or acting status of the officer so appointed, prejudice the officer in regard to other promotions or appointments, or abridge the rights or benefits of the officer.

(d)

Board recommendation required

A temporary promotion under this section may be made only upon the recommendation of a board of officers convened by the Secretary of the military department concerned for the purpose of recommending officers for such promotions.

(e)

Acceptance and effective date of appointment

Each appointment under this section, unless expressly declined, is, without formal acceptance, regarded as accepted on the date such appointment is made, and a member so appointed is entitled to the pay and allowances of the grade of the temporary promotion under this section from the date the appointment is made.

(f)

Termination of appointment

Unless sooner terminated, an appointment under this section terminates—

(1)

on the date the officer who received the appointment is promoted to the permanent grade of captain, major, lieutenant colonel, or colonel in the Army, Air Force, or Marine Corps, or lieutenant, lieutenant commander, commander, or captain in the Navy; or

(2)

on the date the officer is detached from a position described in subsection (b)(2), unless the officer is on a promotion list to the permanent grade of captain, major, lieutenant colonel, or colonel in the Army, Air Force, or Marine Corps, or lieutenant, lieutenant commander, commander, or captain in the Navy, in which case the appointment terminates on the date the officer is promoted to that grade.

(g)

Limitation on number of eligible positions

An appointment under this section may only be made for service in a position designated by the Secretary of the military department concerned for the purposes of this section. The number of positions so designated may not exceed the following:

(1)

In the case of the Army—

(A)

as captain, 120;

(B)

as major, 350;

(C)

as lieutenant colonel, 200; and

(D)

as colonel, 100.

(2)

In the case of the Air Force—

(A)

as captain, 100;

(B)

as major, 325;

(C)

as lieutenant colonel, 175; and

(D)

as colonel, 80.

(3)

In the case of the Marine Corps—

(A)

as captain, 50;

(B)

as major, 175;

(C)

as lieutenant colonel, 100; and

(D)

as colonel, 50.

(4)

In the case of the Navy—

(A)

as lieutenant, 100;

(B)

as lieutenant commander, 325;

(C)

as commander, 175; and

(D)

as captain, 80.

.

(2)

Clerical amendment

The table of sections at the beginning of chapter 35 of such title is amended by adding at the end the following new item:

605. Promotion to certain grades for officers with critical skills: colonel, lieutenant colonel, major, captain; captain, commander, lieutenant commander, lieutenant.

.

(b)

Repeal of superseded authority applicable to Navy lieutenants

(1)

Repeal

Chapter 544 of title 10, United States Code, is repealed.

(2)

Clerical amendments

The tables of chapters at the beginning of title 10, United States Code, and at the beginning of subtitle C of such title, are each amended by striking the item relating to chapter 544.

504.

Authority for promotion boards to recommend officers of particular merit be placed higher on a promotion list

(a)

In general

Section 616 of title 10, United States Code, is amended by adding at the end the following new subsection:

(g)
(1)

In selecting the officers to be recommended for promotion, a selection board may, when authorized by the Secretary of the military department concerned, recommend officers of particular merit, from among those officers selected for promotion, to be placed higher on the promotion list established by the Secretary under section 624(a)(1) of this title.

(2)

An officer may be recommended to be placed higher on a promotion list under paragraph (1) only if the officer receives the recommendation of at least a majority of the members of the board, unless the Secretary concerned establishes an alternative requirement. Any such alternative requirement shall be furnished to the board as part of the guidelines furnished to the board under section 615 of this title.

(3)

For the officers recommended to be placed higher on a promotion list under paragraph (1), the board shall recommend the order in which those officers should be placed on the list.

.

(b)

Promotion selection board reports recommending officers of particular merit be placed higher on promotion list

Section 617 of such title is amended by adding at the end the following new subsection:

(d)

A selection board convened under section 611(a) of this title shall, when authorized under section 616(g) of this title, include in its report to the Secretary concerned the names of those officers recommended by the board to be placed higher on the promotion list and the order in which the board recommends that those officers should be placed on the list.

.

(c)

Officers of particular merit appearing higher on promotion list

Section 624(a)(1) of such title is amended in the first sentence by adding at the end or based on particular merit, as determined by the promotion board.

505.

Authority for officers to opt out of promotion board consideration

(a)

Active-Duty list officers

Section 619 of title 10, United States Code, is amended—

(1)

in subsection (d), by adding at the end the following new paragraph:

(6)

An officer excluded under subsection (e).

; and

(2)

by adding at the end the following new subsection:

(e)

Authority To allow officers To opt out of selection board consideration

(1)

The Secretary of a military department may provide that an officer under the jurisdiction of the Secretary may, upon the officer’s request and with the approval of the Secretary, be excluded from consideration by a selection board convened under section 611(a) of this title to consider officers for promotion to the next higher grade.

(2)

The Secretary concerned may only approve a request under paragraph (1) if—

(A)

the basis for the request is to allow an officer to complete a broadening assignment, advanced education, another assignment of significant value to the Department, or a career progression requirement delayed by the assignment or education;

(B)

the Secretary determines the exclusion from consideration is in the best interest of the military department concerned; and

(C)

the officer has not previously failed of selection for promotion to the grade for which the officer requests the exclusion from consideration.

.

(b)

Reserve active-Status list officers

Section 14301 of such title is amended—

(1)

in subsection (c)—

(A)

in the subsection heading, by striking Previously selected officers not eligible and inserting Certain officers not; and

(B)

by adding at the end the following new paragraph:

(6)

An officer excluded under subsection (j).

; and

(2)

by adding at the end the following new subsection:

(j)

Authority To allow officers To opt out of selection board consideration

(1)

The Secretary of a military department may provide that an officer under the jurisdiction of the Secretary may, upon the officer’s request and with the approval of the Secretary, be excluded from consideration by a selection board convened under section 14101(a) of this title to consider officers for promotion to the next higher grade.

(2)

The Secretary concerned may only approve a request under paragraph (1) if—

(A)

the basis for the request is to allow an officer to complete a broadening assignment, advanced education, another assignment of significant value to the Department, or a career progression requirement delayed by the assignment or education;

(B)

the Secretary determines the exclusion from consideration is in the best interest of the military department concerned; and

(C)

the officer has not previously failed of selection for promotion to the grade for which the officer requests the exclusion from consideration.

.

506.

Applicability to additional officer grades of authority for continuation on active duty of officers in certain military specialties and career tracks

Section 637a(a) of title 10, United States Code, is amended—

(1)

by striking grade O–4 and inserting grade O–2; and

(2)

by inserting 632, before 633,.

507.

Alternative promotion authority for officers in designated competitive categories of officers

(a)

Alternative promotion authority

(1)

In general

Chapter 36 of title 10, United States Code, is amended by adding at the end the following new subchapter:

VI

Alternative Promotion Authority for Officers in Designated Competitive Categories

Sec.

649a. Officers in designated competitive categories.

649b. Selection for promotion.

649c. Eligibility for consideration for promotion.

649d. Opportunities for consideration for promotion.

649e. Promotions.

649f. Failure of selection for promotion.

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

649h. Continuation on active duty.

649i. Continuation on active duty: officers in certain military specialties and career tracks.

649j. Other administrative authorities.

649k. Regulations.

649a.

Officers in designated competitive categories

(a)

Authority To designate competitive categories of officers

Each Secretary of a military department may designate one or more competitive categories for promotion of officers under section 621 of this title that are under the jurisdiction of such Secretary as a competitive category of officers whose promotion, retirement, and continuation on active duty shall be subject to the provisions of this subchapter.

(b)

Limitation on exercise of authority

The Secretary of a military department may not designate a competitive category of officers for purposes of this subchapter until 60 days after the date on which the Secretary submits to the Committees on Armed Services of the Senate and the House of Representatives a report on the designation of the competitive category. The report on the designation of a competitive category shall set forth the following:

(1)

A detailed description of officer requirements for officers within the competitive category.

(2)

An explanation of the number of opportunities for consideration for promotion to each particular grade, and an estimate of promotion timing, within the competitive category.

(3)

An estimate of the size of the promotion zone for each grade within the competitive category.

(4)

A description of any other matters the Secretary considered in determining to designate the competitive category for purposes of this subchapter.

649b.

Selection for promotion

(a)

In general

Except as provided in this section, the selection for promotion of officers in any competitive category of officers designated for purposes of this subchapter shall be governed by the provisions of subchapter I of this chapter.

(b)

No recommendation for promotion of officers below promotion zone

Section 616(b) of this title shall not apply to the selection for promotion of officers described in subsection (a).

(c)

Recommendation for officers To be excluded from future consideration for promotion

In making recommendations pursuant to section 616 of this title for purposes of the administration of this subchapter, a selection board convened under section 611(a) of this title may recommend that an officer considered by the board be excluded from future consideration for promotion under this chapter.

649c.

Eligibility for consideration for promotion

(a)

In general

Except as provided by this section, eligibility for promotion of officers in any competitive category of officers designated for purposes of this subchapter shall be governed by the provisions of section 619 of this title.

(b)

Inapplicability of certain time-in-grade requirements

Paragraphs (2) through (4) of section 619(a) of this title shall not apply to the promotion of officers described in subsection (a).

(c)

Inapplicability to officers above and below promotion zone

The following provisions of section 619(c) of this title shall not apply to the promotion of officers described in subsection (a):

(1)

The reference in paragraph (1) of that section to an officer above the promotion zone.

(2)

Paragraph (2)(A) of that section.

(d)

Ineligibility of certain officers

The following officers are not eligible for promotion under this subchapter:

(1)

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

(2)

An officer not included within the promotion zone.

(3)

An officer who has failed of promotion to a higher grade the maximum number of times specified for opportunities for promotion for such grade within the competitive category concerned pursuant to section 649d of this title.

(4)

An officer recommended by a selection board to be removed from consideration for promotion in accordance with section 649b(c) of this title.

649d.

Opportunities for consideration for promotion

(a)

Specification of number of opportunities for consideration for promotion

In designating a competitive category of officers pursuant to section 649a of this title, the Secretary of a military department shall specify the number of opportunities for consideration for promotion to be afforded officers of the armed force concerned within the category for promotion to each grade above the grade of first lieutenant or lieutenant (junior grade), as applicable.

(b)

Limited authority of Secretary of military department to modify number of opportunities

The Secretary of a military department may modify the number of opportunities for consideration for promotion to be afforded officers of an armed force within a competitive category for promotion to a particular grade, as previously specified by the Secretary pursuant subsection (a) or this subsection, not more frequently than once every five years.

(c)

Discretionary authority of Secretary of Defense to modify number of opportunities

The Secretary of Defense may modify the number of opportunities for consideration for promotion to be afforded officers of an armed force within a competitive category for promotion to a particular grade, as previously specified or modified pursuant to any provision of this section, at the discretion of the Secretary.

(d)

Limitation on number of opportunities specified

The number of opportunities for consideration for promotion to be afforded officers of an armed force within a competitive category for promotion to a particular grade, as specified or modified pursuant to any provision of this section, may not exceed five opportunities.

(e)

Effect of certain reduction in number of opportunities specified

If, by reason of a reduction in the number of opportunities for consideration for promotion under this section, an officer would no longer have one or more opportunities for consideration for promotion that were available to the officer before the reduction, the officer shall be afforded one additional opportunity for consideration for promotion after the reduction.

649e.

Promotions

Sections 620 through 626 of this title shall apply in promotions of officers in competitive categories of officers designated for purposes of this subchapter.

649f.

Failure of selection for promotion

(a)

In general

Except as provided in this section, sections 627 through 632 of this title shall apply to promotions of officers in competitive categories of officers designated for purposes of this subchapter.

(b)

Inapplicability of failure of selection for promotion to officers above promotion zone

The reference in section 627 of this title to an officer above the promotion zone shall not apply in the promotion of officers described in subsection (a).

(c)

Special selection board matters

The reference in section 628(a)(1) of this title to a person above the promotion zone shall not apply in the promotion of officers described in subsection (a).

(d)

Effect of failure of selection

In the administration of this subchapter pursuant to subsection (a)—

(1)

an officer described in subsection (a) shall not be deemed to have failed twice of selection for promotion for purposes of section 629(e)(2) of this title until the officer has failed selection of promotion to the next higher grade the maximum number of times specified for opportunities for promotion to such grade within the competitive category concerned pursuant to section 649d of this title; and

(2)

any reference in section 631(a) or 632(a) of this title to an officer who has failed of selection for promotion to the next higher grade for the second time shall be deemed to refer instead to an officer described in subsection (a) who has failed of selection for promotion to the next higher grade for the maximum number of times specified for opportunities for promotion to such grade within the competitive category concerned pursuant to such section 649d.

649g.

Retirement: retirement for years of service; selective early retirement

(a)

Retirement for years of services

Sections 633 through 636 of this title shall apply to the retirement of officers in competitive categories of officers designated for purposes of this subchapter.

(b)

Selective early retirement

Sections 638 and 638a of this title shall apply to the retirement of officers described in subsection (a).

649h.

Continuation on active duty

(a)

In general

An officer subject to discharge or retirement pursuant to this subchapter may, subject to the needs of the service, be continued on active duty if the officer is selected for continuation on active duty in accordance with this section by a selection board convened under section 611(b) of this title.

(b)

Identification of positions for officers continued on active duty

(1)

In general

Officers may be selected for continuation on active duty pursuant to this section only for assignment to positions identified by the Secretary of the military department concerned for which vacancies exist or are anticipated to exist.

(2)

Identification

Before convening a selection board pursuant to section 611(b) of this title for purposes of selection of officers for continuation on active duty pursuant to this section, the Secretary of the military department concerned shall specify for purposes of the board the positions identified by the Secretary to which officers selected for continuation on active duty may be assigned.

(c)

Recommendation for continuation

A selection board may recommend an officer for continuation on active duty pursuant to this section only if the board determines that the officer is qualified for assignment to one or more positions identified pursuant to subsection (b) on the basis of skills, knowledge, and behavior required of an officer to perform successfully in such position or positions.

(d)

Approval of Secretary of military department

Continuation of an officer on active duty under this section pursuant to the action of a selection board is subject to the approval of the Secretary of the military department concerned.

(e)

Nonacceptance of continuation

An officer who is selected for continuation on active duty pursuant to this section, but who declines to continue on active duty, shall be discharged or retired, as appropriate, in accordance with section 632 of this title.

(f)

Period of continuation

(1)

In general

An officer continued on active duty pursuant to this section shall remain on active duty, and serve in the position to which assigned (or in another position to which assigned with the approval of the Secretary of the military department concerned), for a total of not more than three years after the date of assignment to the position to which first so assigned.

(2)

Additional continuation

An officer whose continued service pursuant to this section would otherwise expire pursuant to paragraph (1) may be continued on active duty if selected for continuation on active duty in accordance with this section before the date of expiration pursuant to that paragraph.

(g)

Effect of expiration of continuation

Each officer continued on active duty pursuant to this subsection who is not selected for continuation on active duty pursuant to subsection (f)(2) at the completion of the officer's term of continued service shall, unless sooner discharged or retired under another provision of law—

(1)

be discharged upon the expiration of the term of continued service; or

(2)

if eligible for retirement under another other provision of law, be retired under that law on the first day of the first month following the month in which the officer completes the term of continued service.

(h)

Treatment of discharge or retirement

The discharge or retirement of an officer pursuant to this section shall be considered to be an involuntary discharge or retirement for purposes of any other provision of law.

649i.

Continuation on active duty: officers in certain military specialties and career tracks

In addition to continuation on active duty provided for in section 649h of this title, an officer to whom section 637a of this title applies may be continued on active duty in accordance with the provisions of such section 637a.

649j.

Other administrative authorities

(a)

In general

The following provisions of this title shall apply to officers in competitive categories of officers designated for purposes of this subchapter:

(1)

Section 638b, relating to voluntary retirement incentives.

(2)

Section 639, relating to continuation on active duty to complete disciplinary action.

(3)

Section 640, relating to deferment of retirement or separation for medical reasons.

649k.

Regulations

The Secretary of Defense shall prescribe regulations regarding the administration of this subchapter. The elements of such regulations shall include mechanisms to clarify the manner in which provisions of other subchapters of this chapter shall be used in the administration of this subchapter in accordance with the provisions of this subchapter.

.

(2)

Clerical amendment

The table of subchapters at the beginning of chapter 36 of such title is amended by adding at the end the following new item:

VI.Alternative Promotion Authority for Officers in Designated Competitive Categories 649a

.

(b)

Report

(1)

In general

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Secretaries of the military departments, submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the authorities in subchapter VI of chapter 36 of title 10, United States Code (as added by subsection (a)).

(2)

Elements

The report shall include the following:

(A)

A detailed analysis and assessment of the manner in which the exercise of the authorities in subchapter VI of chapter 36 of title 10, United States Code (as so added), will effect the career progression of commissioned officers in the Armed Forces.

(B)

A description of the competitive categories of officers that are anticipated to be designated as competitive categories of officers for purposes of such authorities.

(C)

A plan for implementation of such authorities.

(D)

Such recommendations for legislative or administrative action as the Secretary of Defense considers appropriate to improve or enhance such authorities.

508.

Attending Physician to the Congress

(a)

In general

Chapter 41 of title 10, United States Code, is amended by inserting before section 716 the following new section:

715.

Attending Physician to the Congress: grade

A general officer serving as Attending Physician to the Congress, while so serving, holds the grade of major general. A flag officer serving as Attending Physician to the Congress, while so serving, holds the grade of rear admiral (upper half).

.

(b)

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting before the item relating to section 716 the following new item:

715. Attending Physician to the Congress: grade

.

509.

Matters relating to satisfactory service in grade for purposes of retirement grade of officers in highest grade of satisfactory service

(a)

Conditional determinations of grade of satisfactory service

(1)

In general

Subsection (a)(1) of section 1370 of title 10, United States Code, is amended by adding at the end the following new sentences: When an officer is under investigation for alleged misconduct at the time of retirement, the Secretary concerned may conditionally determine the highest grade of satisfactory service of the officer pending completion of the investigation. Such grade is subject to resolution under subsection (b)(3)..

(2)

Officers in O–9 and O–10 grades

Subsection (c) of such section is amended by adding at the end the following new paragraph:

(4)

The Secretary of Defense may make a conditional certification regarding satisfactory service in grade under paragraph (1) with respect to an officer under that paragraph notwithstanding the fact that there is pending the disposition of an adverse personnel action against the officer for alleged misconduct. The retired grade of an officer following such a conditional certification is subject to resolution under subsection (b)(3).

.

(3)

Reserve officers

Subsection (d)(1) of such section is amended by adding at the end the following new sentences: When an officer is under investigation for alleged misconduct at the time of retirement, the Secretary concerned may conditionally determine the highest grade of satisfactory service of the officer pending completion of the investigation. Such grade is subject to resolution under subsection (b)(3)..

(b)

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

(1)

In general

Subsection (b) of such section is amended—

(A)

in the heading, by striking next;

(B)

by inserting (1) before An; and

(C)

by adding at the end the following new paragraphs:

(2)

In the case of an officer or person whom the Secretary concerned determines committed misconduct in a lower grade, the Secretary concerned may determine the officer or person has not served satisfactorily in any grade equal to or higher than that lower grade.

(3)

A determination or certification of the retired grade of an officer shall be resolved following a conditional determination under subsection (a)(1) or (d)(1) or conditional certification under subsection (c)(4), if the investigation of or personnel action against the officer, as applicable, results in adverse findings. If the retired grade of an officer is reduced, the retired pay of the officer under chapter 71 of this title shall be recalculated, and any modification of the retired pay of the officer shall go into effect on the effective date of the reduction in retired grade.

.

(2)

Conforming amendments

Such section is amended—

(A)

in subsection (a)(1)—

(i)

by striking higher and inserting different; and

(ii)

by striking except as provided in paragraph (2) and inserting subject to paragraph (2) and subsection (b);

(B)

in subsection (c)(1), by striking An officer and inserting Subject to subsection (b), an officer; and

(C)

in subsection (d)(1)—

(i)

by striking higher each place it appears and inserting different; and

(ii)

by inserting , subject to subsection (b), before shall.

(c)

Finality of retired grade determinations

Such section is further amended by adding at the end the following new subsection:

(f)

Finality of retired grade determinations

(1)

Except as otherwise provided by law, a determination or certification of the retired grade of an officer pursuant to this section is administratively final on the day the officer is retired, and may not be reopened.

(2)

A determination or certification of the retired grade of an officer may be reopened as follows:

(A)

If the retirement or retired grade of the officer was procured by fraud.

(B)

If substantial evidence comes to light after the retirement that could have led to a lower retired grade under this section if known by competent authority at the time of retirement.

(C)

If a mistake of law or calculation was made in the determination of the retired grade.

(D)

In the case of a retired grade following a conditional determination under subsection (a)(1) or (d)(1) or conditional certification under subsection (c)(4), if the investigation of or personnel action against the officer, as applicable, results in adverse findings.

(E)

If the Secretary concerned determines, pursuant to regulations prescribed by the Secretary of Defense, that good cause exists to reopen the determination or certification.

(3)

If a determination or certification of the retired grade of an officer is reopened, the Secretary concerned—

(A)

shall notify the officer of the reopening; and

(B)

may not make an adverse determination on the retired grade of the officer until the officer has had a reasonable opportunity to respond regarding the basis of the reopening.

(4)

If a certification of the retired grade of an officer covered by subsection (c) is reopened, the Secretary concerned shall also notify the President and Congress of the reopening.

(5)

If the retired grade of an officer is reduced through the reopening of the officer's retired grade, the retired pay of the officer under chapter 71 of this title shall be recalculated, and any modification of the retired pay of the officer shall go into effect on the effective date of the reduction of the officer's retired grade.

.

510.

Grades of Chiefs of Chaplains

(a)

Army

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

(1)

by inserting (a) before There; and

(2)

by adding at the end the following new subsection:

(b)

The Chief of Chaplains, while so serving, holds the grade of major general.

.

(b)

Navy

Section 5142 of title 10, United States Code, is amended by adding at the end the following new subsection:

(e)

The Chief of Chaplains, while so serving, holds the grade of rear admiral (upper half).

.

(c)

Air Force

Section 8039 of title 10, United States Code, is amended by adding at the end the following new subsection:

(c)

Grade of Chief of Chaplains

The Chief of Chaplains, while so serving, holds the grade of major general.

.

511.

Repeal of original appointment qualification requirement for warrant officers in the regular Army

(a)

In general

Section 3310 of title 10, United States Code, is repealed.

(b)

Clerical amendment

The table of sections at the beginning of chapter 335 of such title is amended by striking the item relating to section 3310.

512.

Reduction in number of years of active naval service required for permanent appointment as a limited duty officer

Section 5589(d) of title 10, United States Code, is amended by striking 10 years and inserting 8 years.

513.

Authority to designate certain reserve officers as not to be considered for selection for promotion

Section 14301 of title 10, United States Code, as amended by section 505, is further amended by adding at the end the following new subsection:

(k)

Certain officers not to be considered for selection for promotion

The Secretary of the military department concerned may provide that an officer who is in an active status, but is in a duty status in which the only points the officer accrues under section 12732(a)(2) of this title are pursuant to subparagraph (C)(i) of that section (relating to membership in a reserve component), shall not be considered for selection for promotion until completion of two years of service in such duty status. Any such officer may remain on the reserve active-status list.

.

514.

GAO review of surface warfare career paths

(a)

GAO review

The Comptroller General of the United States shall conduct a review of Navy surface warfare career paths.

(b)

Elements

The review under subsection (a) shall include the following:

(1)

A description of current and previous career paths for officers in the regular and reserve components of the Navy that are related to surface warfare, including career paths for—

(A)

unrestricted line officers;

(B)

limited duty officers;

(C)

engineering duty officers; and

(D)

warrant officers.

(2)

Any prior study that examined career paths described in paragraph (1).

(3)

The current and historical personnel levels (fit/fill rates) and deployment tempos aboard naval vessels for each of the career paths described in paragraph (1).

(4)

A comparison of the career paths of surface warfare officers with the career paths of surface warfare officers of foreign navies including—

(A)

initial training;

(B)

follow-on training;

(C)

career milestones;

(D)

qualification standards; and

(E)

watch standing requirements.

(5)

Any other matter the Comptroller General determines appropriate.

(c)

Deadlines

Not later than March 1, 2019, the Comptroller General shall brief the congressional defense committees on the preliminary findings of the study under this section. The Comptroller General shall submit a final report to the congressional defense committees as soon as practicable after such briefing.

B

Reserve Component Management

515.

Authorized strength and distribution in grade

(a)

Strength and grade authorizations

Section 12011(a) of title 10, United States Code is amended by striking those parts of the table pertaining to the Air National Guard and inserting the following:

Air National Guard:
MajorLieutenant ColonelColonel
10,000763745333
12,000915923377
14,0001,0651,057402
16,0001,2111,185426
18,0001,3471,313450
20,0001,4631,440468
22,0001,6061,569494
24,0001,7391,697517
26,0001,8721,825539
28,0002,0051,954562
30,0002,1382,082585
32,0002,2712,210608
34,0002,4042,338630
36,0002,5372,466653
38,0002,6702,595676
40,0002,8032,723698

.

(b)

Strength and grade authorizations

Section 12012(a) of title 10, United States Code is amended by striking those parts of the table pertaining to the Air National Guard and inserting the following:

Air National Guard:
E-8E-9
10,0001,350550
12,0001,466594
14,0001,582636
16,0001,698676
18,0001,814714
20,0001,930752
22,0002,046790
24,0002,162828
26,0002,278866
28,000