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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 Jun 19, 2018 (Printed as Passed).


II

115th CONGRESS

2d Session

H.R. 5515

In the Senate of the United States,

June 18, 2018.

June 19, 2018

Ordered to be printed as passed

Amendment:

That the bill from the House of Representatives (H.R. 5515) entitled 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., do pass with the following

Strike out all after the enacting clause and insert:

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.

(5)

Division E—Additional Provisions.

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

Subtitle C—Navy programs

Sec. 121. Multiyear procurement authority for F/A–18E/F Super Hornet and EA–18G aircraft program.

Sec. 122. Multiyear procurement authority for E–2D Advanced Hawkeye (AHE) aircraft program.

Sec. 123. Extension of limitation on use of sole-source shipbuilding contracts for certain vessels.

Sec. 124. Prohibition on availability of funds for Navy port waterborne security barriers.

Sec. 125. Multiyear procurement authority for Standard Missile-6.

Sec. 126. Limitation on availability of funds for the Littoral Combat Ship.

Sec. 127. Nuclear refueling of aircraft carriers.

Sec. 128. Limitation on funding for Amphibious Assault Vehicle Product Improvement Program.

Subtitle D—Air Force programs

Sec. 141. Prohibition on availability of funds for retirement of E–8 JSTARS aircraft.

Sec. 142. B–52H aircraft system modernization report.

Sec. 143. Repeal of funding restriction for EC–130H Compass Call Recapitalization Program and review of program acceleration opportunities.

Subtitle E—Defense-wide, joint, and multiservice matters

Sec. 151. Multiyear procurement authority for C–130J aircraft program.

Sec. 152. Quarterly updates on the F–35 Joint Strike Fighter program.

Sec. 153. Authority to procure additional polar-class icebreakers.

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

Sec. 212. Procedures for rapid reaction to emerging technology.

Sec. 213. Activities on identification and development of enhanced personal protective equipment against blast injury.

Sec. 214. Human factors modeling and simulation activities.

Sec. 215. Expansion of mission areas supported by mechanisms for expedited access to technical talent and expertise at academic institutions.

Sec. 216. Advanced manufacturing activities.

Sec. 217. National security innovation activities.

Sec. 218. Partnership intermediaries for promotion of defense research and education.

Sec. 219. Limitation on use of funds for Surface Navy Laser Weapon System.

Sec. 220. Expansion of coordination requirement for support for national security innovation and entrepreneurial education.

Sec. 221. Limitation on funding for Amphibious Combat Vehicle 1.2.

Sec. 222. Defense quantum information science and technology research and development program.

Sec. 223. Joint directed energy test activities.

Sec. 224. Requirement for establishment of arrangements for expedited access to technical talent and expertise at academic institutions to support Department of Defense missions.

Sec. 225. Authority for Joint Directed Energy Transition Office to conduct research relating to high powered microwave capabilities.

Sec. 226. Joint artificial intelligence research, development, and transition activities.

Subtitle C—Reports and other matters

Sec. 231. Report on comparative capabilities of adversaries in key technology areas.

Sec. 232. Report on active protection systems for armored combat and tactical vehicles.

Sec. 233. Next Generation Combat Vehicle.

Sec. 234. Report on the future of the defense research and engineering enterprise.

Sec. 235. Modification of reports on mechanisms to provide funds to defense laboratories for research and development of technologies for military missions.

Sec. 236. Report on Mobile Protected Firepower and Future Vertical Lift.

Sec. 237. Improvement of the Air Force supply chain.

Sec. 238. Review of guidance on blast exposure during training.

Sec. 239. List of technologies and manufacturing capabilities critical to Armed Forces.

Sec. 240. Report on requiring access to digital technical data in future acquisitions of combat, combat service, and combat support systems.

Sec. 241. Competitive acquisition strategy for Bradley Fighting Vehicle transmission replacement.

Sec. 242. 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. Further improvements to energy security and resilience.

Sec. 312. 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. 313. Military Mission Sustainment Siting Clearinghouse.

Sec. 314. Operational energy policy.

Sec. 315. Funding treatment of perfluorooctane sulfonic acid and perfluorooctanoic acid at State-owned and operated National Guard installations.

Subtitle C—Reports

Sec. 321. Reports on readiness.

Sec. 322. Report on cold weather capabilities and readiness of United States Armed Forces.

Subtitle D—Other matters

Sec. 331. Pilot programs on integration of military information support and civil affairs activities.

Sec. 332. Reporting on future years budgeting by subactivity group.

Sec. 333. Restriction on upgrades to aviation demonstration team aircraft.

Sec. 334. U.S. Special Operations Command civilian personnel.

Sec. 335. Limitation on availability of funds for service-specific Defense Readiness Reporting Systems.

Sec. 336. Repurposing and reuse of surplus Army firearms.

Sec. 337. Limitation on availability of funds for establishment of additional specialized undergraduate pilot training facility.

Sec. 338. Scope of authority for restoration of land due to mishap.

Sec. 339. Redesignation of the Utah Test and Training Range (UTTR).

Subtitle E—Logistics and Sustainment

Sec. 351. Limitation on modifications to Navy Facilities Sustainment, Restoration, and Modernization (FSRM) structure and mechanism.

TITLE IV—Military Personnel Authorizations

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.

Sec. 402. End strengths for commissioned officers on active duty in certain grades.

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.

Sec. 422. Limitation on use of funds for personnel in fiscal year 2019 in excess of statutorily specified end strengths for fiscal year 2018.

TITLE V—Military Personnel Policy

Subtitle A—Officer Personnel Policy

PART I—Officer Personnel Management Reform

Sec. 501. Repeal of codified specification of authorized strengths of certain commissioned officers on active duty.

Sec. 502. Annual defense manpower requirements report matters.

Sec. 503. 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. 504. Enhancement of availability of constructive service credit for private sector training or experience upon original appointment as a commissioned officer.

Sec. 505. Standardized temporary promotion authority across the military departments for officers in certain grades with critical skills.

Sec. 506. Authority for promotion boards to recommend officers of particular merit be placed higher on a promotion list.

Sec. 507. Authority for officers to opt out of promotion board consideration.

Sec. 508. Competitive category matters.

Sec. 509. Promotion zone matters.

Sec. 510. Alternative promotion authority for officers in designated competitive categories of officers.

Sec. 511. Applicability to additional officer grades of authority for continuation on active duty of officers in certain military specialties and career tracks.

PART II—Other Matters

Sec. 516. Matters relating to satisfactory service in grade for purposes of retirement grade of officers in highest grade of satisfactory service.

Sec. 517. Reduction in number of years of active naval service required for permanent appointment as a limited duty officer.

Sec. 518. Repeal of original appointment qualification requirement for warrant officers in the regular Army.

Sec. 519. Uniform grade of service of the Chiefs of Chaplains of the Armed Forces.

Sec. 520. Written justification for appointment of Chiefs of Chaplains in grade below grade of major general or rear admiral.

Subtitle B—Reserve Component Management

Sec. 521. Authority to adjust effective date of promotion in the event of undue delay in extending Federal recognition of promotion.

Sec. 522. Authority to designate certain reserve officers as not to be considered for selection for promotion.

Sec. 523. 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. 524. Repeal of prohibition on service on Army Reserve Forces Policy Committee by members on active duty.

Subtitle C—General Service Authorities

Sec. 531. Assessment of Navy standard workweek and related adjustments.

Sec. 532. Manning of Forward Deployed Naval Forces.

Sec. 533. Navy watchstander records.

Sec. 534. Qualification experience requirements for certain Navy watchstations.

Sec. 535. Repeal of 15-year statute of limitations on motions or requests for review of discharge or dismissal from the Armed Forces.

Sec. 536. Treatment of claims relating to military sexual trauma in correction of military records and review of discharge or dismissal proceedings.

Subtitle D—Military Justice Matters

Sec. 541. Punitive article on domestic violence under the Uniform Code of Military Justice.

Sec. 542. Inclusion of strangulation and suffocation in conduct constituting aggravated assault for purposes of the Uniform Code of Military Justice.

Sec. 543. Authorities of Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault in the Armed Forces.

Sec. 544. Protective orders against individuals subject to the Uniform Code of Military Justice.

Sec. 545. Expansion of eligibility for Special Victims' Counsel services.

Sec. 546. Clarification of expiration of term of appellate military judges of the United States Court of Military Commission Review.

Sec. 547. Expansion of policies on expedited transfer of members of the Armed Forces who are victims of sexual assault.

Sec. 548. Uniform command action form on disposition of unrestricted sexual assault cases involving members of the Armed Forces.

Sec. 549. Inclusion of information on certain collateral conduct of victims of sexual assault in annual reports on sexual assault involving members of the Armed Forces.

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

Sec. 551. Consecutive service of service obligation in connection with payment of tuition for off-duty training or education for commissioned officers of the Armed Forces with any other service obligations.

Sec. 552. Consecutive service of active service obligations for medical training with other service obligations for education or training.

Sec. 553. Clarification of application and honorable service requirements under the Troops-to-Teachers Program to members of the Retired Reserve.

Sec. 554. Prohibition on use of funds for attendance of enlisted personnel at senior level and intermediate level officer professional military education courses.

Sec. 555. Repeal of program on encouragement of postseparation public and community service.

Sec. 556. Expansion of authority to assist members in obtaining professional credentials.

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

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

PART I—Defense Dependents' Education Matters

Sec. 561. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees.

Sec. 562. Impact aid for children with severe disabilities.

Sec. 563. Department of Defense Education Activity policies and procedures on sexual harassment of students of Activity schools.

PART II—Military Family Readiness Matters

Sec. 566. Improvement of authority to conduct family support programs for immediate family members of the Armed Forces assigned to special operations forces.

Sec. 567. Expansion of period of availability of Military OneSource program for retired and discharged members of the Armed Forces and their immediate families.

Sec. 568. Expansion of authority for noncompetitive appointments of military spouses by Federal agencies.

Sec. 569. Improvement of My Career Advancement Account program for military spouses.

Sec. 570. 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. 571. Department of Defense Military Family Readiness Council matters.

Sec. 572. Multidisciplinary teams for military installations on child abuse and other domestic violence.

Sec. 573. Provisional or interim clearances to provide childcare services at military childcare centers.

Sec. 574. Pilot program on prevention of child abuse and training on safe childcare practices among military families.

Sec. 575. Pilot program on participation of military spouses in Transition Assistance Program activities.

Sec. 576. Small business activities of military spouses on military installations in the United States.

Subtitle G—Decorations and Awards

Sec. 581. Authorization for award of the Distinguished Service Cross for Justin T. Gallegos for acts of valor during Operation Enduring Freedom.

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

Subtitle H—Other Matters

Sec. 591. Authority to award damaged personal protective equipment to members separating from the Armed Forces and veterans as mementos of military service.

Sec. 592. 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. 593. Redesignation of the Commandant of the United States Air Force Institute of Technology as the President of the United States Air Force Institute of Technology.

Sec. 594. Limitation on justifications entered by military recruiters for enlistment or accession of individuals into the Armed Forces.

Sec. 595. National Commission on Military, National, and Public Service matters.

Sec. 596. Burial of unclaimed remains of inmates at the United States Disciplinary Barracks Cemetery, Fort Leavenworth, Kansas.

Sec. 597. Space-available travel on Department of Defense aircraft for veterans with service-connected disabilities rated as total.

TITLE VI—Compensation and Other Personnel Benefits

Subtitle A—Pay and Allowances

Sec. 601. Fiscal year 2019 increase in military basic pay.

Sec. 602. Repeal of authority for payment of personal money allowances to Navy officers serving in certain positions.

Sec. 603. Department of Defense proposal for a pay table for members of the Armed Forces using steps in grade based on time in grade rather than time in service.

Sec. 604. Financial support for lessors under the Military Housing Privatization Initiative during 2019.

Sec. 605. Modification of authority of President to determine alternative pay adjustment in annual basic pay of members of the uniformed services.

Sec. 606. Eligibility of reserve component members for high-deployment allowance for lengthy or numerous deployments and frequent mobilizations.

Sec. 607. Eligibility of reserve component members for nonreduction in pay while serving in the uniformed services or National Guard.

Sec. 608. Temporary adjustment in rate of basic allowance for housing following identification of significant underdetermination of civilian housing costs for housing areas.

Subtitle B—Bonuses and Special and Incentive Pays

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

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

Sec. 621. Technical corrections in calculation and publication of special survivor indemnity allowance cost of living adjustments.

Subtitle D—Other Matters

Sec. 631. Rates of per diem for long-term temporary duty assignments.

Sec. 632. Prohibition on per diem allowance reductions based on the duration of temporary duty assignment or civilian travel.

TITLE VII—Health Care Provisions

Subtitle A—TRICARE and Other Health Care Benefits

Sec. 701. Consolidation of cost-sharing requirements under TRICARE Select and TRICARE Prime.

Sec. 702. Administration of TRICARE dental plans through the Federal Employees Dental Insurance Program.

Sec. 703. Contraception coverage parity under the TRICARE program.

Sec. 704. Pilot program on opioid management in the military health system.

Sec. 705. 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 Defense Health Agency and military medical treatment facilities.

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

Sec. 713. Streamlining of TRICARE Prime beneficiary referral process.

Sec. 714. Sharing of information with State prescription drug monitoring programs.

Sec. 715. Improvement of reimbursement by Department of Defense of entities carrying out State vaccination programs in connection with vaccines provided to covered beneficiaries under the TRICARE Program.

Subtitle C—Reports and Other Matters

Sec. 721. Extension of authority for Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund.

Sec. 722. Increase in number of appointed members of the Henry M. Jackson Foundation for the Advancement of Military Medicine.

Sec. 723. Cessation of requirement for mental health assessment of members after redeployment from a contingency operation upon discharge or release from the Armed Forces.

Sec. 724. Pilot program on earning by special operations forces medics of credits towards a physician assistant degree.

Sec. 725. Pilot program on partnerships with civilian organizations for specialized medical training.

Sec. 726. Registry of individuals exposed to per- and polyfluoroalkyl substances on military installations.

Sec. 727. Inclusion of gambling disorder in health assessments for members of the Armed Forces and related research efforts.

Sec. 728. Comptroller General review of Defense Health Agency oversight of TRICARE managed care support contractors.

TITLE VIII—Acquisition policy, acquisition management, and related matters

Subtitle A—Acquisition policy and management

Sec. 801. Permanent Supply Chain Risk Management Authority.

Sec. 802. Commercially available market research.

Sec. 803. Comptroller General assessment of acquisition programs and related initiatives.

Subtitle B—Amendments to general contracting authorities, procedures, and limitations

Sec. 811. Department of Defense contracting dispute matters.

Sec. 812. Continuation of technical data rights during challenges.

Sec. 813. Increased micro-purchase threshold.

Sec. 814. Modification of limitations on single source task or delivery order contracts.

Sec. 815. Preliminary cost analysis requirement for exercise of multiyear contract authority.

Sec. 816. Inclusion of best available information regarding past performance of subcontractors and joint venture partners.

Sec. 817. Modification of criteria for waivers of requirement for certified cost and price data.

Sec. 818. Subcontracting price and approved purchasing systems.

Sec. 819. Comptroller General of the United States report on progress payment financing of Department of Defense contracts.

Sec. 820. Authorization to limit foreign access to technology through contracts.

Sec. 821. Briefing requirement on services contracts.

Sec. 822. Sense of Congress on awarding of contracts to responsible companies that primarily employ American workers and do not actively transfer American jobs to potential adversaries.

Subtitle C—Provisions relating to major defense acquisition programs

Sec. 831. Program cost, fielding, and performance goals in planning major acquisition programs.

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

Sec. 833. Pilot program to accelerate major weapons system programs.

Subtitle D—Provisions relating to acquisition workforce

Sec. 841. Permanent authority for demonstration projects relating to acquisition personnel management policies and procedures.

Sec. 842. Establishment of integrated review team on defense acquisition industry-government exchange.

Sec. 843. Exchange program for acquisition workforce employees.

Subtitle E—Provisions relating to commercial items

Sec. 851. Report on commercial item procurement reform.

Subtitle F—Industrial base matters

Sec. 861. National technology and industrial base application process.

Sec. 862. Report on defense electronics industrial base.

Sec. 863. Support for defense manufacturing communities to support the defense industrial base.

Subtitle G—Other transactions

Sec. 871. Change to notification requirement for other transactions.

Sec. 872. Data and policy on the use of other transactions.

Subtitle H—Development and acquisition of software intensive and digital products and services

Sec. 881. Clarifications regarding proprietary and technical data.

Sec. 882. 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. 883. 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. 884. Enabling and other activities of the Cloud Executive Steering Group.

Subtitle I—Other matters

Sec. 891. Prohibition on certain telecommunications services or equipment.

Sec. 892. Limitation on use of funds pending submittal of report on Army Marketing and Advertising Program.

Sec. 893. Permanent SBIR and STTR authority for the Department of Defense.

Sec. 894. Procurement of telecommunications supplies for experimental purposes.

Sec. 895. Access by developmental and operational testing activities to data regarding modeling and simulation activity.

TITLE IX—Department of Defense Organization and Management

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

Sec. 901. Powers and duties of the Under Secretary of Defense for Research and Engineering in connection with priority emerging technologies.

Sec. 902. Redesignation and modification of responsibilities of Under Secretary of Defense for Personnel and Readiness.

Sec. 903. Modification of responsibilities of the Under Secretary of Defense for Policy.

Sec. 904. Report on allocation of former responsibilities of the Under Secretary of Defense for Acquisition, Technology, and Logistics.

Sec. 905. Assistant Secretary of Defense for Strategy, Plans, Assessments, Readiness, and Capabilities.

Sec. 906. Clarification of responsibilities and duties of the Chief Information Officer of the Department of Defense.

Sec. 907. Specification of certain duties of the Defense Technical Information Center.

Sec. 908. Limitation on termination of, and transfer of functions, responsibilities, and activities of, the Strategic Capabilities Office.

Sec. 909. Technical corrections to Department of Defense Test Resource Management Center authority.

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

Sec. 921. Modification of certain responsibilities of the Chairman of the Joint Chiefs of Staff relating to joint force concept development.

Sec. 922. Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict review of United States Special Operations Command.

Sec. 923. Qualifications for appointment as Deputy Chief Management Officer of a military department.

Sec. 924. Expansion of principal duties of Assistant Secretary of the Navy for Research, Development, and Acquisition.

Sec. 925. Cross-functional teams in the Department of Defense.

Sec. 926. 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.

Subtitle C—Organization and Management of the Department of Defense Generally

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

Sec. 932. Responsibility for policy on civilian casualty matters.

Sec. 933. Additional matters in connection with background and security investigations for Department of Defense personnel.

Sec. 934. Program of expedited security clearances for mission-critical positions.

Sec. 935. Information sharing program for positions of trust.

Sec. 936. Report on clearance in person concept.

Sec. 937. Strategic Defense Fellows Program.

Subtitle D—Other Matters

Sec. 941. Analysis of Department of Defense business management and operations datasets to promote savings and efficiencies.

Sec. 942. Research and development to advance capabilities of the Department of Defense in data integration and advanced analytics in connection with personnel security.

TITLE X—General Provisions

Subtitle A—Financial Matters

Sec. 1001. General transfer authority.

Sec. 1002. Inclusion of funds for Air Force pass-through items in Defense-wide budget for the Department of Defense.

Sec. 1003. Report on shift in requests for funds for Department of Defense activities from funds for overseas contingency operations to funds through the base budget.

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

Sec. 1005. Transparency of accounting firms used to support Department of Defense audit.

Subtitle B—Naval Vessels and Shipyards

Sec. 1011. Date of listing of vessels as battle force ships in the Naval Vessel Register and other fleet inventory measures.

Sec. 1012. Annual reports on examination of Navy vessels.

Sec. 1013. Limitation on duration of homeporting of certain vessels in foreign locations.

Sec. 1014. Specific authorization requirement for nuclear refueling of aircraft carriers.

Sec. 1015. Dismantlement and disposal of nuclear-powered aircraft carriers.

Sec. 1016. National Defense Sealift Fund.

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

Subtitle C—Counterterrorism

Sec. 1021. Extension of 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. 1022. Extension of 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. 1023. Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to certain countries.

Sec. 1024. Extension of prohibition on use of funds to close or relinquish control of United States Naval Station, Guantanamo Bay, Cuba.

Sec. 1025. Authority to transfer individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States temporarily for emergency or critical medical treatment.

Subtitle D—Miscellaneous Authorities and Limitations

Sec. 1031. Strategic guidance documents within the Department of Defense.

Sec. 1032. Guidance on the electronic warfare mission area and joint electromagnetic spectrum operations.

Sec. 1033. Limitation on use of funds for United States Special Operations Command Global Messaging and Counter-Messaging platform.

Sec. 1034. Sense of Congress on the basing of KC–46A aircraft outside the continental United States.

Sec. 1035. Relinquishment of legislative jurisdiction of criminal offenses committed by juveniles on military installations.

Sec. 1036. Policy on response to juvenile-on-juvenile abuse committed on military installations.

Subtitle E—Studies and Reports

Sec. 1041. Report on highest-priority roles and missions of the Department of Defense and the Armed Forces.

Sec. 1042. Annual reports by the Armed Forces on Out-Year Unconstrained Total Munitions Requirements and Out-Year inventory numbers.

Sec. 1043. Comprehensive review of operational and administrative chains-of-command and functions of the Department of the Navy.

Sec. 1044. Military aviation readiness review in support of the National Defense Strategy.

Sec. 1045. Report on capabilities and capacities of Armored Brigade Combat Teams.

Sec. 1046. Improvement of annual report on civilian casualties in connection with United States military operations.

Sec. 1047. Report on Department of Defense participation in Export Administration Regulations license application review process.

Sec. 1048. Automatic sunset for future statutory reporting requirements.

Sec. 1049. Repeal of certain Department of Defense reporting requirements that otherwise terminate as of December 31, 2021.

Sec. 1050. Report on potential improvements to certain military educational institutions of the Department of Defense.

Sec. 1051. Recruiting costs of the Armed Forces.

Subtitle F—Other Matters

Sec. 1061. Authority to transfer funds for Bien Hoa dioxin cleanup.

Sec. 1062. Improvement of database on emergency response capabilities.

Sec. 1063. Acceptance and distribution by Department of Defense of assistance from certain nonprofit entities in support of missions of deployed United States personnel around the world.

Sec. 1064. United States policy with respect to freedom of navigation and overflight.

Sec. 1065. Prohibition of funds for Chinese language instruction provided by a Confucius Institute.

TITLE XI—Civilian Personnel Matters

Subtitle A—Department of Defense Matters

Sec. 1101. 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. 1102. Direct hire authority for science and technology reinvention laboratories and Major Range and Test Facilities Base facilities for recent science, technology, engineering, and mathematics graduates of minority-serving institutions.

Sec. 1103. 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. 1104. Enhancement of flexible management authorities for Science and Technology Reinvention Laboratories of the Department of Defense.

Sec. 1105. Inclusion of Office of Secretary of Defense among components of the Department of Defense covered by direct hire authority for financial management experts.

Sec. 1106. Authority to employ civilian faculty members at the Joint Special Operations University.

Subtitle B—Government-Wide Matters

Sec. 1121. Alcohol testing of civil service mariners of the Military Sealift Command assigned to vessels.

Sec. 1122. Expedited hiring authority for college graduates and post secondary students.

Sec. 1123. Increase in maximum amount of voluntary separation incentive pay authorized for civilian employees.

Sec. 1124. One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone.

Sec. 1125. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas.

TITLE XII—Matters relating to foreign nations

Subtitle A—Assistance and training

Sec. 1201. 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. 1202. Modification to Department of Defense State Partnership Program.

Sec. 1203. Expansion of Regional Defense Combating Terrorism Fellowship Program to include irregular warfare.

Sec. 1204. Extension and modification of authority to support border security operations of certain foreign countries.

Sec. 1205. Legal and policy review of advise, assist, and accompany missions.

Sec. 1206. Technical corrections relating to defense security cooperation statutory reorganization.

Sec. 1207. Naval Small Craft Instruction and Technical Training School.

Subtitle B—Matters relating to Afghanistan and Pakistan

Sec. 1211. Afghanistan Security Forces Fund.

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

Sec. 1213. Extension of authority to transfer defense articles and provide defense services to the military and security forces of Afghanistan.

Sec. 1214. Modification of reporting requirements for special immigrant visas for Afghan allies program.

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

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

Sec. 1222. Extension and modification of authority to provide assistance to the vetted Syrian opposition.

Sec. 1223. Extension and modification of authority to support operations and activities of the Office of Security Cooperation in Iraq.

Sec. 1224. Syria Study Group.

Sec. 1225. Modification of annual report on military power of Iran.

Subtitle D—Matters relating to Europe and the Russian Federation

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

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

Sec. 1233. Extension of Ukraine Security Assistance Initiative.

Sec. 1234. Sense of Senate on relocation of Joint Intelligence Analysis Complex.

Sec. 1235. Sense of Senate on enhancing deterrence against Russian aggression in Europe.

Sec. 1236. Technical amendments related to NATO Support and Procurement Organization and related NATO agreements.

Sec. 1237. Report on security cooperation between the Russian Federation and Cuba, Nicaragua, and Venezuela.

Sec. 1238. Sense of Senate on countering Russian malign influence.

Subtitle E—Matters relating to the Indo-Pacific region

Sec. 1241. Redesignation, expansion, and extension of Southeast Asia Maritime Security Initiative.

Sec. 1242. Modification of annual report on military and security developments involving the People's Republic of China.

Sec. 1243. Sense of Senate on Taiwan.

Sec. 1244. Redesignation and modification of sense of Congress and initiative for the Indo-Asia-Pacific region.

Sec. 1245. Prohibition on participation of the People’s Republic of China in Rim of the Pacific (RIMPAC) naval exercises.

Sec. 1246. Assessment of and report on geopolitical conditions in the Indo-Pacific region.

Sec. 1247. Sense of Senate on United States-India defense relationship.

Sec. 1248. Sense of Senate on strategic importance of maintaining commitments under Compacts of Free Association.

Sec. 1249. Sense of Senate on United States military forces on the Korean Peninsula.

Subtitle F—Reports

Sec. 1251. Report on military and coercive activities of the People's Republic of China in South China Sea.

Sec. 1252. Report on terrorist use of human shields.

Sec. 1253. Report on Arctic strategies.

Sec. 1254. Report on permanent stationing of United States forces in the Republic of Poland.

Sec. 1254A. Ineffectiveness of section 937.

Sec. 1254B. John S. McCain Strategic Defense Fellows Program.

Sec. 1255. Reports on nuclear capabilities of the Democratic People's Republic of Korea.

Sec. 1256. Report on United States military training opportunities with allies and partners in the Indo-Pacific region.

Subtitle G—Other matters

Sec. 1261. Modification of authorities relating to acquisition and cross-servicing agreements.

Sec. 1262. Extension of authority for transfer of amounts for Global Engagement Center.

Sec. 1263. Sense of Senate on purchase by Turkey of S–400 air defense system.

Sec. 1264. Department of Defense support for stabilization activities in national security interest of the United States.

Sec. 1265. Enhancement of U.S.-Israel defense cooperation.

Sec. 1266. Certifications regarding actions by Saudi Arabia in Yemen.

Sec. 1267. Sense of Senate on support for G5 Sahel Joint Force countries.

Sec. 1268. Sense of Congress on broadening and expanding strategic partnerships and allies.

Sec. 1269. Removal of Turkey from the F–35 program.

Sec. 1270. Increase in minimum amount of obligations from the Special Defense Acquisition Fund for precision guided munitions.

TITLE XIII—COOPERATIVE THREAT REDUCTION

Sec. 1301. Specification of Cooperative Threat Reduction funds.

Sec. 1302. Funding allocations.

TITLE XIV—Other Authorizations

Subtitle A—Military Programs

Sec. 1401. Working capital funds.

Sec. 1402. Chemical Agents and Munitions Destruction, Defense.

Sec. 1403. Drug Interdiction and Counter-Drug Activities, Defense-wide.

Sec. 1404. Defense Inspector General.

Sec. 1405. Defense Health Program.

Subtitle B—National Defense Stockpile

Sec. 1411. Consolidation of reporting requirements under the Strategic and Critical Materials Stock Piling Act.

Subtitle C—Armed Forces Retirement Home

Sec. 1421. Authorization of appropriations for Armed Forces Retirement Home.

Sec. 1422. Expansion of eligibility for residence at the Armed Forces Retirement Home.

Sec. 1423. Oversight of health care provided to residents of the Armed Forces Retirement Home.

Sec. 1424. Modification of authority on acceptance of gifts for the Armed Forces Retirement Home.

Sec. 1425. Relief for residents of the Armed Forces Retirement Home impacted by increase in fees.

Sec. 1426. Limitation on applicability of fee increase for residents of the Armed Forces Retirement Home.

Subtitle D—Other Matters

Sec. 1431. 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. 1432. Economical and efficient operation of working capital fund activities.

TITLE XV—Authorization of additional appropriations for overseas contingency operations

Subtitle A—Authorizations of appropriations

Sec. 1501. Purpose.

Sec. 1502. Overseas contingency operations.

Sec. 1503. Procurement.

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

Sec. 1505. Operation and maintenance.

Sec. 1506. Military personnel.

Sec. 1507. Working capital funds.

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

Sec. 1509. Defense Inspector General.

Sec. 1510. Defense Health Program.

Subtitle B—Financial matters

Sec. 1521. Treatment as additional authorizations.

Sec. 1522. Special transfer authority.

Subtitle C—Other matters

Sec. 1531. Joint Improvised-Threat Defeat Organization.

TITLE XVI—Strategic programs, cyber, and intelligence matters

Subtitle A—Space activities

Sec. 1601. Modifications to Space Rapid Capabilities Office.

Sec. 1602. Space warfighting policy and review of space capabilities.

Sec. 1603. Report on enhancements to the Global Positioning System Operational Control Segment.

Sec. 1604. Streamline of commercial space launch operations.

Sec. 1605. Reusable launch vehicles.

Sec. 1606. Review of and report on activities of International Space Station.

Subtitle B—Defense intelligence and intelligence-related activities

Sec. 1611. Framework on governance, mission management, resourcing, and effective oversight of Department of Defense combat support agencies that are also elements of the intelligence community.

Subtitle C—Cyberspace-related matters

PART I—Cyberspace generally

Sec. 1621. Policy of the United States on cyberspace, cybersecurity, cyber warfare, and cyber deterrence.

Sec. 1622. Affirming the authority of the Secretary of Defense to conduct military activities and operations in cyberspace.

Sec. 1623. Active defense and surveillance against Russian Federation attacks in cyberspace.

Sec. 1624. Reorganization and consolidation of certain cyber provisions.

Sec. 1625. Designation of official for matters relating to integrating cybersecurity and industrial control systems within the Department of Defense.

Sec. 1626. Assistance for small manufacturers in the defense industrial supply chain on matters relating to cybersecurity.

Sec. 1627. Modification of acquisition authority of the Commander of the United States Cyber Command.

Sec. 1628. Email and Internet website security and authentication.

Sec. 1629. Matters pertaining to the Sharkseer cybersecurity program.

Sec. 1630. Pilot program on modeling and simulation in support of military homeland defense operations in connection with cyber attacks on critical infrastructure.

Sec. 1631. Security product integration framework.

Sec. 1632. Report on enhancement of software security for critical systems.

Sec. 1633. Comply to connect and cybersecurity scorecard.

Sec. 1634. Cyberspace Solarium Commission.

Sec. 1635. Program to establish cyber institutes at institutions of higher learning.

Sec. 1636. Establishment of Cybersecurity for Defense Industrial Base Manufacturing Activity.

PART II—Mitigation of risks posed by providers of information technology with obligations to foreign governments

Sec. 1637. Definitions.

Sec. 1638. Identification of countries of concern regarding cybersecurity.

Sec. 1639. Mitigation of risks to national security posed by providers of information technology products and services who have obligations to foreign governments.

Sec. 1640. Establishment of registry of disclosures.

Subtitle D—Nuclear Forces

Sec. 1641. Oversight and management of the command, control, and communications system for the national leadership of the United States.

Sec. 1642. Modification to requirement for conventional long-range standoff weapon.

Sec. 1643. Exchange program for nuclear weapons program employees.

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

Sec. 1645. Plan to train officers in nuclear command, control, and communications.

Sec. 1646. Plan for alignment of acquisition of warhead life extension programs and delivery vehicles for such warheads.

Sec. 1647. 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. 1648. Prohibition on use of funds for activities to modify United States aircraft to implement Open Skies Treaty.

Sec. 1649. Sense of Senate on Nuclear Posture Review.

Subtitle E—Missile defense programs

Sec. 1651. Extension of prohibition relating to missile defense information and systems.

Sec. 1652. Multiyear procurement authority for Standard Missile–3 IB guided missiles.

Sec. 1653. Extension of requirement for reports on unfunded priorities of Missile Defense Agency.

Sec. 1654. Iron Dome short-range rocket defense system and Israeli cooperative missile defense program co-development and co-production.

Sec. 1655. Metrics for evaluating effectiveness of integrated Ballistic Missile Defense System against operationally realistic ballistic missile attacks.

Sec. 1656. Modification of requirement relating to transition of ballistic missile defense programs to military departments.

Sec. 1657. Sense of the Senate on acceleration of missile defense capabilities.

Sec. 1658. Integrated air and missile defense for evolving theater missile threats.

Sec. 1659. Acceleration of hypersonic missile defense program.

Sec. 1660. Sense of the Senate on allied partnerships for missile defense.

Sec. 1660A. Sense of the Senate on results of tests carried out by Missile Defense Agency.

Sec. 1660B. Sense of the Senate on discrimination for missile defense.

Sec. 1660C. Development and deployment of persistent space-based sensor architecture.

Sec. 1660D. Modification of requirement to develop a space-based ballistic missile intercept layer.

Subtitle F—Other matters

Sec. 1661. Assessment of electronic warfare capabilities of Russia and China.

Sec. 1662. Budget exhibit on support provided to entities outside Department of Defense.

Sec. 1663. Development of Electromagnetic Battle Management capability for joint electromagnetic operations.

TITLE XVII—COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED STATES

Sec. 1701. Short title.

Sec. 1702. 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. Monitoring 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. Membership and staff of Committee.

Sec. 1717. Actions by the Committee to address national security risks.

Sec. 1718. Modification of annual report and other reporting requirements.

Sec. 1719. Certification of notices and information.

Sec. 1720. Implementation plans.

Sec. 1721. Assessment of need for additional resources for Committee.

Sec. 1722. Funding.

Sec. 1723. Centralization of certain Committee functions.

Sec. 1724. Conforming amendments.

Sec. 1725. Requirements to identify and control the export of emerging and foundational technologies.

Sec. 1726. Export control enforcement authority.

Sec. 1727. Prohibition on modification of civil penalties under export control and sanctions laws.

Sec. 1728. Under Secretary of Commerce for Industry and Security.

Sec. 1729. 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. 1730. Review of and report on certain defense technologies critical to the United States maintaining superior military capabilities.

Sec. 1731. 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. 1732. Effective date.

Sec. 1733. Severability.

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.

TITLE XXIV—Defense agencies military construction

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

Sec. 2402. Energy Resilience and Conservation Investment Program.

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

TITLE XXVIII—Military Construction and general provisions

Subtitle A—Military Construction Program and military family housing changes

Sec. 2801. Additional authority to obtain architectural and engineering services and construction design for defense laboratory modernization pilot program.

Sec. 2802. Modification of contract authority for acquisition, construction, or furnishing of test facilities and equipment.

Sec. 2803. Extension of temporary, limited authority to use operation and maintenance funds for construction projects in certain areas outside the United States.

Sec. 2804. Unspecified minor military construction projects related to revitalization and recapitalization of Defense Industrial Base Facilities.

Sec. 2805. Congressional oversight of projects carried out pursuant to laws other than Military Construction Authorization Acts.

Subtitle B—Project management and oversight reforms

Sec. 2811. Updates and modifications to Department of Defense Form 1391, Unified Facilities Criteria, and military installation master plans.

Sec. 2812. Work in Process Curve charts and outlay tables for military construction projects.

Subtitle C—Land Conveyances

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

Sec. 2822. Land conveyance, Eglin Air Force Base, Florida.

Subtitle D—Other matters

Sec. 2831. Commemoration of Freedman's Village.

Sec. 2832. Strategic plan to improve capabilities of Department of Defense training ranges and installations.

Sec. 2833. Native American Indian lands environmental mitigation program.

Sec. 2834. Defense community infrastructure pilot program.

Sec. 2835. Representation of installation interests in negotiations and proceedings with carriers and other public utilities.

Sec. 2836. White Sands Missile Range land enhancements.

Sec. 2837. Authority to transfer funds for construction of Indian River Bridge.

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.

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. Clarification of roles and authorities of National Nuclear Security Administration.

Sec. 3112. National Nuclear Security Administration Personnel System.

Sec. 3113. Amendments to the Atomic Energy Act of 1954.

Sec. 3114. Extension of enhanced procurement authority to manage supply chain risk.

Sec. 3115. Pilot program on conduct by Department of Energy of background reviews for access by certain individuals to national security laboratories.

Sec. 3116. Extension 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. 3117. Modification of limitation on development of low-yield nuclear weapons.

Sec. 3118. Prohibition on use of funds for terminating activities at MOX facility.

Subtitle C—Plans and Reports

Sec. 3121. Modifications to cost-benefit analyses for competition of management and operating contracts.

Sec. 3122. Review of defense environmental cleanup activities.

Sec. 3123. Survey of workforce of national security laboratories and nuclear weapons production facilities.

Sec. 3124. Elimination of certain reports.

Sec. 3125. Implementation of Nuclear Posture Review by National Nuclear Security Administration.

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

TITLE XXXV—MARITIME ADMINISTRATION

Sec. 3501. Maritime Administration.

Sec. 3502. Permanent authority of Secretary of Transportation to issue vessel war risk insurance.

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.

DIVISION E—Additional Provisions

TITLE LI—Procurement

Sec. 5101. Briefing on procurement plan for Acquired Position Navigation and Timing (APNT) solution.

Sec. 5102. Sense of Congress on KC–46A aerial refueling tanker emergent requirements.

Sec. 5103. Additional element in the quarterly updates on the F–35 Joint Strike Fighter program.

TITLE LII—Research, Development, Test, and Evaluation

Sec. 5201. Joint artificial intelligence research, development, and transition activities.

Sec. 5202. Scope of competitive acquisition strategy for the Bradley Fighting Vehicle transmission replacement.

Sec. 5203. Pilot program to test machine-vision technologies to determine the authenticity and security of microelectronic parts in weapon systems.

TITLE LIII—Operation and Maintenance

Sec. 5301. Prioritization of environmental impacts for Facilities Sustainment, Restoration, and Modernization demolition.

Sec. 5302. Core sampling at Joint Base San Antonio, Texas.

Sec. 5303. 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. 5304. Additional element in report on cold weather capabilities and readiness of the United States Armed Forces.

Sec. 5305. Report on Air Force training range requirements to address fifth generation threats.

Sec. 5306. Annual report on differences in ship repair contract and final delivery costs.

Sec. 5307. Report on Air Force airfield operational requirements.

TITLE LV—Military Personnel Policy

Sec. 5501. Report on participation in the Transition Assistance Program.

Sec. 5502. Briefing on the status of the plan of the Army to transition to new insecticide pretreatments on combat uniforms.

TITLE LVIII—Acquisition Policy, Acquisition Management, and Related Matters

Sec. 5801. Instruction on pilot program regarding employment of persons with disabilities.

Sec. 5802. Developing innovation and growing the Internet of Things.

TITLE LIX—Department of Defense Organization and Management

Sec. 5901. Clarification of certain risk assessment requirements of the Chairman of the Joint Chiefs of Staff in connection with the National Military Strategy.

TITLE LX—General Provisions

Sec. 6001. Business case analysis of Ready Reserve Force recapitalization options.

Sec. 6002. Transfer of excess naval vessel to Bahrain.

Sec. 6003. Members of panel conducting review of military aviation readiness in support of the National Defense Strategy.

Sec. 6004. Study on phasing out open burn pits.

Sec. 6005. Airborne Hazards and Open Burn Pit Registry.

Sec. 6006. Improving small business loan programs for employee-owned business concerns.

Sec. 6007. Comptroller General of the United States review of effect of other-than-honorable discharges on veteran employment outcomes.

Sec. 6008. Comptroller General study on availability of long-term care options for veterans from Department of Veterans Affairs.

Sec. 6009. Sense of Congress relating to Soo Locks, Sault Sainte Marie, Michigan.

TITLE LXI—Civilian Personnel Matters

Sec. 6101. Department of Defense Cyber Scholarship Program scholarships and grants.

Subtitle LXII—Matters Relating to Foreign Nations

Sec. 6201. Coordination of efforts to negotiate free trade agreements with certain sub-Saharan African countries.

Sec. 6202. Treatment of Rwandan Patriotic Front and Rwandan Patriotic Army under Immigration and Nationality Act.

Sec. 6203. Syrian war crimes accountability.

Sec. 6204. Clarification of limitation on the transfer of the F–35 to Turkey.

Sec. 6205. Report on Honduras, Guatemala, and El Salvador.

Sec. 6206. Report on arms embargo on Cyprus.

TITLE LXVI—Strategic Programs, Cyber, and Intelligence Matters

Sec. 6601. Technical corrections to certain cyberspace matters.

Sec. 6602. Tier 1 exercise of support to civil authorities for a cyber incident.

Sec. 6603. Report on strengthening NATO cyber defense.

Sec. 6604. Briefing on cyber education and training.

Sec. 6605. Report on development of long-range stand-off weapon.

TITLE LXVII—Committee on Foreign Investment in the United States

Sec. 6701. Ineffectiveness of section 1727.

Sec. 6702. Prohibition on modification of civil penalties under export control and sanctions laws and prohibition on certain telecommunications equipment.

TITLE LXXVIII—Military Construction and General Provisions

Sec. 6801. Clarification to include National Guard installations in Readiness and Environmental Protection Integration program.

Sec. 6802. Release of restrictions, University of California, San Diego.

Sec. 6803. Plan to allow increased public access to the National Naval Aviation Museum and Barrancas National Cemetery, Naval Air Station Pensacola.

TITLE LXXXI—Department of Energy National Security Programs

Sec. 7101. Additional amounts for inertial confinement fusion and high yield program.

TITLE LXXXV—Maritime Administration

Sec. 7501. Ineffectiveness of title XXXV.

Sec. 7502. Authorization of the Maritime Administration.

Sec. 7503. Concurrent jurisdiction.

Sec. 7504. United States Merchant Marine Academy policy on sexual harassment, dating violence, domestic violence, sexual assault, and stalking.

Sec. 7505. Report on implementation of recommendations for the United States Merchant Marine Academy Sexual Assault Prevention and Response Program.

Sec. 7506. Report on the application of the Uniform Code of Military Justice to the United States Merchant Marine Academy.

Sec. 7507. Electronic records on mariner availability to meet national security needs.

Sec. 7508. Small shipyard grants.

Sec. 7509. Domestic ship recycling facilities.

Sec. 7510. Sea year on contracted vessels.

Sec. 7511. GAO report on national maritime strategy.

Sec. 7512. Department of Transportation Inspector General report on Title XI program.

Sec. 7513. Multi-year contracts.

Sec. 7514. Use of State Maritime Academy training vessels.

Sec. 7515. Permanent authority of Secretary of Transportation to issue vessel war risk insurance.

Sec. 7516. Navigation system study and report.

Sec. 7517. Miscellaneous.

Sec. 7518. Superior National Forest Land Exchange.

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

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.

Deployment by the Army of an interim cruise missile defense capability

(a)

Certification of need

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 deployment of an interim, fixed site cruise missile defense capability is necessary.

(b)

Deployment required

The Army shall deploy an interim, fixed site cruise missile defense capability, in anticipation of delivery to the Army of the Indirect Fire Protection Capability (IFPC), by the deadlines as follows:

(1)

Two batteries by not later than September 30, 2020.

(2)

Two additional batteries by not later than September 30, 2023.

(c)

Locations of deployment

In deploying the interim capability pursuant to subsection (b), the Secretary of Defense shall afford a priority in locations for deployment to air bases and significant fixed site locations in Europe and Asia for the purpose of the protection of such bases and locations against potential cruise missile threats.

(d)

Achievement of deployment deadlines

In order to meet the deadlines for deployment specified in subsection (b), the Army—

(1)

shall deploy systems that require the least amount of development; and

(2)

may use a combination of—

(A)

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

(B)

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

(C)

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

(D)

engagement and collaboration with science and technology, engineering, testing, and acquisition organization and activities in the Department of Defense, 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; and

(E)

institutional and operational basing to facilitate rapid training and fielding.

(e)

Funding

Of the amount authorized to be appropriated for fiscal year 2019 by section 101 and available for the Army for procurement as specified in the funding table in section 4101, up to $500,000,000 may be available for the deployment of the interim capability required by subsection (b).

C

Navy programs

121.

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

(a)

Authority for multiyear procurement

Subject to section 2306b of title 10, United States Code, the Secretary of the Navy may enter into one or more multiyear contracts, beginning with the fiscal year 2019 program year, for the procurement of F/A–18E/F Super Hornet and potential EA–18G aircraft. Notwithstanding subsection (k) of such section 2306b, the Secretary of Defense may enter into a multiyear contract under this section for up to three years.

(b)

Authority for advance procurement

The Secretary of the Navy may enter into one or more contracts for advance procurement associated with the F/A–18E/F Super Hornet and potential EA–18G aircraft, including economic order quantity, for which authorization to enter into a multiyear procurement contract is provided under subsection (a).

(c)

Cost analysis requirement

The Secretary may not exercise the authority provided under subsection (a) or (b) until the Secretary of Defense submits to the congressional defense committees the report and confirmation required under subparagraphs (A) and (B), respectively, of section 2306b(i)(2) of title 10, United States Code.

(d)

Condition for out-Year contract payments

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

122.

Multiyear procurement authority for E–2D Advanced Hawkeye (AHE) aircraft program

(a)

Authority for multiyear procurement

Subject to section 2306b of title 10, United States Code, the Secretary of the Navy may enter into one or more multiyear contracts, beginning with the fiscal year 2019 program year, for the procurement of E–2D Advanced Hawkeye (AHE) aircraft. Notwithstanding subsection (k) of such section 2306b, the Secretary of Defense may enter into a multiyear contract under this section for up to five years.

(b)

Authority for advance procurement and economic order quantity

The Secretary may enter into one or more contracts for advance procurement associated with the E–2D AHE (including economic order quantity) for which authorization to enter into a multiyear procurement contract is provided under subsection (a).

(c)

Cost analysis requirement

The Secretary may not exercise the authority provided under subsection (a) or (b) until the Secretary of Defense submits to the congressional defense committees the report and confirmation required under subparagraphs (A) and (B), respectively, of section 2306b(i)(2) of title 10, United States Code.

(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.

123.

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.

124.

Prohibition on availability of funds for Navy port waterborne security barriers

(a)

Prohibition

Except as provided under subsection (b), 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 used for the procurement of new Navy port waterborne security barriers.

(b)

Waiver

The Secretary of the Navy may waive the prohibition under 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 Navy port waterborne security barriers;

(2)

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

(3)

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

(4)

a certification that any contract award or awards for new Navy port waterborne security barriers will result from full and open competition to the maximum extent practicable.

125.

Multiyear procurement authority for Standard Missile-6

(a)

Authority for multiyear procurement

Subject to section 2306b of title 10, United States Code, the Secretary of the Navy may enter into one or more multiyear contracts, beginning with the fiscal year 2019 program year, for the procurement of up to 625 Standard Missile-6 guided missiles.

(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)

Cost analysis requirement

The Secretary may not exercise the authority provided under subsection (a) or (b) until the Secretary of Defense submits to the congressional defense committees the report and confirmation required under subparagraphs (A) and (B), respectively, of section 2306b(i)(2) of title 10, United States Code.

(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.

126.

Limitation on availability of funds for the Littoral Combat Ship

(a)

Limitation

None of the amounts authorized to be appropriated by this Act or otherwise made available for the Department of Defense for fiscal year 2019 may be used to exceed the total procurement quantity listed in revision five of the Littoral Combat Ship acquisition strategy unless the Under Secretary of Defense for Acquisition and Sustainment submits to the congressional defense committees the certification described in subsection (b).

(b)

Certification

The certification described in this subsection is a certification by the Under Secretary that awarding a contract for the procurement of a Littoral Combat Ship that exceeds the total procurement quantity listed in revision five of the Littoral Combat Ship acquisition strategy—

(1)

is in the national security interests of the United States;

(2)

will not result in exceeding the low-rate initial production quantity approved in the Littoral Combat Ship acquisition strategy in effect as of the date of the certification; and

(3)

is necessary to maintain a full and open competition for the Guided Missile Frigate (FFG(X)) with a single source award in fiscal year 2020.

(c)

Definition

The term revision five of the Littoral Combat Ship acquisition strategy means the fifth revision of the Littoral Combat Ship acquisition strategy approved by the Under Secretary of Defense for Acquisition and Sustainment on March 26, 2018.

127.

Nuclear refueling of aircraft carriers

(a)

Authorization To procure nuclear refueling materials

Pursuant to section 7314a of title 10, United States Code, as added by section 1014 of this Act, the Secretary of the Navy may procure naval nuclear reactor power units and associated reactor components for the following aircraft carriers:

(1)

U.S.S. John C. Stennis (CVN–74).

(2)

U.S.S. Harry S. Truman (CVN–75).

(3)

U.S.S. Ronald Reagan (CVN–76).

(4)

U.S.S. George H.W. Bush (CVN–77).

(b)

Condition for out-year payments

Any 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 availability of appropriations for that purpose for that later fiscal year.

128.

Limitation on funding for Amphibious Assault Vehicle Product Improvement Program

Not more than 75 percent of the funds authorized by this Act or otherwise made available for the Marine Corps for fiscal year 2019 for the Amphibious Assault Vehicle Product Improvement Program (AAV PIP) may be obligated or expended until the Secretary of Defense has submitted to the congressional defense committees—

(1)

the report required under subsection (b) of section 1041; or

(2)

the information required under paragraph (5) of such subsection.

D

Air Force programs

141.

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

(a)

Prohibition on availability of funds for retirement

Except as provided by subsection (d), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for the Air Force may be obligated or expended to retire, or prepare to retire, any E–8 Joint Surveillance Target Attack Radar System aircraft.

(b)

Additional limitation on retirement

(1)

In general

In addition to the prohibition in subsection (a), the Secretary of the Air Force may not retire, or prepare to retire, any E–8C aircraft until the Under Secretary of Defense for Acquisition and Sustainment submits to the congressional defense committees the certification described under paragraph (2).

(2)

Required certification

The certification referred to in paragraph (1) is a certification submitted by the Under Secretary of Defense for Acquisition and Sustainment to the congressional defense committees that the Department of Defense’s plan for 21st Century Battle Management Command and Control, as briefed to the congressional defense committees in March 2018, is progressing according to the schedule presented in March 2018.

(c)

Exception

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

142.

B–52H aircraft system modernization report

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, including an estimated timeline and requirements as an integrated aircraft system of—

(1)

electronic warfare and defensive systems;

(2)

communications including secure jam resistant capability;

(3)

radar replacement;

(4)

engine replacement;

(5)

future weapons and targeting capability; and

(6)

mission planning systems.

143.

Repeal of funding restriction for EC–130H Compass Call Recapitalization Program and review of program acceleration opportunities

(a)

Repeal

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

(b)

Periodic reports required

(1)

In general

Not later than December 30, 2018, June 30, 2019, and December 30, 2019, the Secretary of the Air Force shall submit to the congressional defense committees a series of updated program status reports for the EC–130H Compass Call Recapitalization Program.

(2)

Elements

The reports required under paragraph (1) shall include—

(A)

a program status update describing progress in meeting current and future acquisition milestones;

(B)

a description of opportunities to accelerate the program in fiscal years 2020 and 2021;

(C)

a description of long-lead items or other block buy components that could reduce cost and lead to acceleration of the program;

(D)

funding requirements to carry out program acceleration in order to replace the legacy EC–130H fleet as rapidly as possible; and

(E)

a description of how the EC–130H Compass Call Recapitalization Program—

(i)

meets the requirements of combatant commanders; and

(ii)

is more operationally effective and survivable than the existing EC–130H Compass Call aircraft platform.

E

Defense-wide, joint, and multiservice matters

151.

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 C–130J aircraft and, acting as the executive agent for the Department of the Navy, for the procurement of C–130J aircraft.

(b)

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).

(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 for that purpose for such later fiscal year.

(d)

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.

152.

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, 2024, 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; and

(F)

program management.

153.

Authority to procure additional polar-class icebreakers

Section 122 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) is amended—

(1)

in the section heading, by striking Icebreaker vessel and inserting Authorization to procure up to six polar-class icebreakers;

(2)

by striking subsections (a) and (b);

(3)

by inserting before subsection (c) the following new subsection:

(a)

Authority To procure icebreakers

The Secretary of the department in which the Coast Guard is operating may, in consultation with the Secretary of the Navy, enter into a contract or contracts for the procurement of up to six polar-class icebreakers, including—

(1)

polar-class heavy icebreakers; and

(2)

polar-class medium icebreakers.

;

(4)

by redesignating subsections (c) and (d) as subsections (b) and (c), respectively; and

(5)

in paragraph (1) of subsection (b), as redesignated by paragraph (4) of this section, by striking subsection (a)(1) and inserting subsection (a).

II

Research, development, test, and evaluation

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.

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.

212.

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).

213.

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

(a)

Activities required

(1)

In general

During fiscal years 2019 and 2020, the Secretary of the Army shall 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.

(2)

Action with DOTE

The Secretary shall undertake all actions required of the Secretary under this section jointly with the Director of Operational Test and Evaluation.

(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 shall establish research 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)

Reports

(1)

Initial report

Not later than December 1, 2019, the Secretary shall submit to the Committee on Armed Services of the Senate and the House of Representatives a report on the activities under subsection (a) as of the date of the report.

(2)

Final report

Not later than December 1, 2020, the Secretary shall submit to the committees of Congress referred to in paragraph (1) a report on the activities under this section, including the following:

(A)

The results of the evaluation under subsection (e)(1).

(B)

The estimate of costs and schedules under subsection (e)(2).

(g)

Funding

Of the amount authorized to be appropriated for fiscal year 2019 for the Department of Defense by section 201, up to $10,000,000 may be available to carry out this section.

214.

Human factors modeling and simulation activities

(a)

Activities required

The Secretary of the Army 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.

(d)

Execution

The Secretary shall carry out this section through the Army Futures Command, the Army Research Institute, or such other component of the Department of the Army as the Secretary considers appropriate.

215.

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.

.

216.

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 not less than three activities 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; and

(5)

enhance partnerships between the defense industrial base and Department of Defense laboratories, academic institutions, and industry.

(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; and

(C)

implementation of appropriate information security protections into advanced manufacturing tools and techniques.

(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.

217.

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 critical hardware-based defense sectors, specifically microelectromechanical systems, processing components, micromachinery, and materials science that private industry has not supported sufficiently to meet rapidly emerging national security needs.

(3)

Developing and executing policies 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 as the Under Secretary considers appropriate to carry out the activities established under subsection (a) from other elements of the Department.

(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)

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 $150,000,000 may be available to carry out this section.

218.

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.

.

219.

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 a procurement quantity of one Surface Navy Laser Weapon System, also known as the High Energy Laser and Integrated Optical-dazzler with Surveillance (HELIOS), per fiscal year, 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.

220.

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) is amended by adding at the end the following new paragraph:

(16)

The National Security Technology Accelerator.

.

221.

Limitation on funding for Amphibious Combat Vehicle 1.2

None of the funds authorized by this Act or otherwise made available for the Marine Corps for fiscal year 2019 for the development of Amphibious Combat Vehicle 1.2 may be obligated or expended until the Secretary of Defense has submitted to the congressional defense committees—

(1)

the report required under subsection (b) of section 1041; or

(2)

the information required under paragraph (5) of such subsection.

222.

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)

design of new materials and molecular functions;

(C)

secure communications and cryptography;

(D)

quantum sensing and metrology;

(E)

development of mathematics to support defense missions related to quantum-based encryption techniques; and

(F)

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 computing; 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

Not later than December 31, 2020, the Under Secretary of Defense for Research and Engineering shall submit to the congressional defense committees a report on the program, in both classified and unclassified format.

223.

Joint directed energy test activities

(a)

Test activities

The Under Secretary of Defense for Research and Engineering shall 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)

Direction and control

The conduct of testing activities under subsection (a) shall be subject to authority, direction, and control of the Under Secretary in the Under Secretary’s capacity as the official with principal responsibility for the development and demonstration of directed energy weapons for the Department pursuant to section 219(a)(1) of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. 2431 note).

(e)

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.

224.

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) is amended by striking may and inserting shall.

(b)

Extension

Subsection (f) of such section is amended by striking September 30, 2020 and inserting September 30, 2022.

225.

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.

226.

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 180 days after the date of the enactment of this Act, the Secretary of Defense shall designate a senior official of the Department of Defense 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.

(2)

Acceleration of development and fielding of artificial intelligence

To the degree practicable, the designated official shall—

(A)

use the flexibility of regulations, personnel, 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 of Defense 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.

(d)

Access to information

The Secretary of Defense 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 the future of artificial intelligence in the context of the missions 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, 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 advances in artificial intelligence and machine learning, and associated technologies relevant to the needs of the Department and the Armed Forces.

(B)

Near-term actionable recommendations to the Secretary, including ways to more effectively organize the Department for artificial intelligence and most effectively leverage academic and commercial progress in these technologies.

(C)

Recommendations for engagement by the Department with relevant agencies that will be involved with artificial intelligence in the future.

C

Reports and other matters

231.

Report on comparative capabilities of adversaries in key technology areas

(a)

In general

Not later than 90 days after the date of the enactment of this Act, the Director of the Defense Intelligence Agency shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report that sets forth a direct comparison between the capabilities of the United States in emerging technology areas (such as hypersonics, artificial intelligence, quantum information science, and directed energy weapons) and the capabilities of adversaries of the United States in such areas.

(b)

Elements

The report required by subsection (a) shall include, for each technology covered by such report, 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)

Coordination

The Director shall prepare the report in coordination with other appropriate officials of the intelligence community and with such other partners in the technology areas covered by the report as the Director considers appropriate.

232.

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).

233.

Next Generation Combat Vehicle

(a)

Prototype

The Secretary of the Army shall take appropriate actions to ensure that the Tank Automotive, Research, Development, and Engineering Center (TARDEC) of the Army is provided the resources, including funds and acquisition authorities, necessary to build a prototype for the Next Generation Combat Vehicle (NGCV).

(b)

Report

(1)

In general

Not later than 60 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the 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 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 50 percent may be obligated or expended until the Secretary submits the report required by subsection (b).

234.

Report on the future of the defense research and engineering enterprise

(a)

Report required

Not later than one year after the date of the enactment of this Act, the Under Secretary of Defense for Research and Engineering shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth recommendations on the future of the defense research and engineering enterprise, including such recommendations for legislative or administrative action as the Under Secretary considers appropriate in light of the anticipated future of the defense research and engineering enterprise.

(b)

Focus

The recommendations under subsection (a) shall focus on enabling the success of the defense research and engineering enterprise in the current environment of strategic competition.

(c)

Defense research and engineering enterprise

For purposes of subsection (a), the defense research and engineering enterprise shall consist of the following:

(1)

The science and technology elements of the military departments.

(2)

The Department of Defense laboratories

(3)

The test ranges and facilities of the Department.

(4)

The Defense Advanced Research Projects Agency (DARPA).

(5)

The Defense Innovation Unit Experimental (DIU(x)).

(6)

The Strategic Capabilities Office of the Department.

(7)

The Small Business Innovation Research Program of the Department.

(8)

Such other elements, offices, programs, and activities of the Department as the Under Secretary considers appropriate for purposes of the this section.

(d)

Particular recommendations

The recommendations under subsection (a) shall include recommendations on the following:

(1)

Portfolio management and coordination of research and development activities across the military departments and the defense research and engineering enterprise, including management and activities across the enterprise.

(2)

Workforce management, recruitment, retention, and shaping.

(3)

Facilities and research and test infrastructure.

(4)

Relationships with academia, the acquisition community, the operational community, and the commercial sector.

(5)

Governance.

(e)

Comparisons

For purposes of making recommendations under subsection (a), the Under Secretary shall conduct a comparison of the defense research and engineering enterprise of the United States, namely processes, test infrastructure, and workforce, with the defense research and engineering enterprises of other countries and the private sector.

(f)

Consultation and comments

In making recommendations under subsection (a), the Under Secretary shall consult with and seek comments from groups and entities relevant to the recommendations, such as the military departments, the combatant commands, the Defense Innovation Board, the Defense Science Board, the Defense Business Board, the federally funded research and development centers (FFRDCs), and commercial partners of the Department of Defense (including small business concerns).

235.

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.

.

236.

Report on Mobile Protected Firepower and Future Vertical Lift

(a)

In general

Not later than 60 days after the date of the enactment of this Act, the Secretary of the Army 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 requirements of the Army for Mobile Protected Firepower (MPF) and Future Vertical Lift (FVL).

(b)

Contents

The report submitted pursuant to subsection (a) shall include the following:

(1)

An explanation of how Mobile Protected Firepower and Future Vertical Lift could survive against the effects of anti-armor and anti-aircraft networks established within anti-access, area-denial defenses.

(2)

An explanation of how Mobile Protected Firepower and Future Vertical Lift would improve offensive overmatch against a peer adversary.

(3)

Details regarding the total number of Mobile Protected Firepower and Future Vertical Lift systems needed by the Army.

(4)

An explanation of how these systems will be logistically supported within light formations.

(5)

Plans to integrate active protection systems into the designs of such systems.

237.

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).

238.

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 firing limits for heavy weapons during training exercises.

(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 less frequently than once every two years after the initial review conducted under subsection (a), 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.

239.

List of technologies and manufacturing capabilities critical to Armed Forces

(a)

List required

The Secretary of Defense shall develop a list of technologies and manufacturing capabilities critical to the Armed Forces.

(b)

Primary emphasis

In developing such list, primary emphasis shall be given to—

(1)

research, development, design, and manufacturing expertise;

(2)

research, development, design, and manufacturing equipment and unique facilities;

(3)

goods and services associated with or enabled by research, development, operation, application, manufacturing, or maintenance expertise, which are not possessed by countries to which exports are controlled and which, if exported or otherwise transferred, would permit a significant advance in the military capabilities of any such country; and

(4)

emerging technology areas supportive of military requirements and strategies.

(c)

Specificity

The shall ensure that the list required by subsection (a) is sufficiently specific to guide the recommendations of the Secretary in any interagency determinations on exercising export licensing, technology transfer, or foreign investment.

(d)

Publication

(1)

In general

Not later than December 31, 2019, the Secretary shall publish the list required by subsection (a) and continuously update such list thereafter as the Secretary considers appropriate.

(2)

Form

The list published under paragraph (1) shall be published in unclassified form, but may include a classified annex.

240.

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

Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the feasibility and advisability of requiring access to digital technical data in all future acquisitions by the Department of Defense of combat, combat service, and combat support systems, including front-end negotiations for such access. Such report shall include a digital data standard for technical data for use by equipment manufacturers and the Department with regard to three-dimensional printed parts.

241.

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 to the maximum extent practicable.

(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).

242.

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 United States 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 United States 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 among Federal entities;

(C)

improving cooperation between the United States and other countries and international organizations; and

(D)

such other important matters identified by JASON that are directly relevant to the strategies of the United States 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

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.

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 (a), by striking Secretary of a military department and inserting Secretary of Defense, or the Secretary of a military department designated by the Secretary,;

(2)

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

(3)

in subsection (g)(3)—

(A)

by striking Secretary concerned may require and inserting Secretary of Defense, in consultation with the Secretaries of the military departments, 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)

Treatment of energy demand response financial incentives

Paragraph (2) of section 2919(b) of title 10, United States Code, is amended to read as follows:

(2)

credited to an appropriation designated by the Secretary of Defense, submitted in the annual President’s budget request, merged with the appropriation to which credited, and available for energy security or energy resilience projects.

.

(i)

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.

(j)

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

.

312.

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

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.

.

313.

Military Mission Sustainment Siting Clearinghouse

(a)

Change in name of clearinghouse

Section 183a of title 10, United States Code, is amended—

(1)

in the section heading, by striking Military Aviation and Installation Assurance Clearinghouse for review of mission obstructions and inserting Military Mission Sustainment Siting Clearinghouse for review of energy projects; and

(2)

in paragraph (1) of subsection (a), by striking Military Aviation and Installation Assurance Siting Clearinghouse and inserting Military Mission Sustainment Siting Clearinghouse.

(b)

Responsible official

Subsection (a) of such section is further amended, in paragraph (2)(A), by striking control of an Assistant Secretary of Defense designated by the Secretary and inserting control of the Under Secretary of Defense for Acquisition and Sustainment.

(c)

Functions

Subsection (b) of such section is amended—

(1)

by redesignating paragraphs (2) and (3) as paragraphs (3) and (4); and

(2)

by inserting after paragraph (1) the following new paragraph:

(2)

The Clearinghouse shall coordinate Department of Defense consideration of and response to requests for reviews received from other Federal agencies, State governments, Indian tribal governments, local governments, landowners, and developers of energy projects.

.

(d)

Review of proposed actions

Subsection (c) of such section is amended—

(1)

in paragraph (1)—

(A)

in subparagraph (A), by inserting , including any potential negative impacts on pilot safety and training after military operations and readiness; and

(B)

in subparagraph (B), by inserting , including any potential negative impacts on pilot safety and training, after risks to national security; and

(2)

in paragraph (3), by inserting and the relevant local military installation after notice to the governor of the State.

(e)

Identification of actions To mitigate all adverse impacts

Subsection (d)(2)(F) is amended by inserting all before adverse impacts of projects filed.

(f)

Department of Defense finding of unacceptable risk

Subsection (e)(1) of such section is amended by inserting , including unacceptable risk to pilot safety and unacceptable loss of training days after risk to the national security of the United States.

(g)

Definition of adverse impact on military operations and readiness

Subsection (h)(1) of such section is amended by inserting pilot safety, after including flight operations,.

(h)

Clerical amendment

The table of sections at the beginning of chapter 7 of title 10, United States Code, is amended by striking the item relating to section 183a and inserting the following:

183a. Military Mission Sustainment Siting Clearinghouse for review of energy projects.

.

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 fuels 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 treatment of perfluorooctane sulfonic acid and perfluorooctanoic acid at State-owned and operated National Guard installations

(a)

Assistance authorized

The Secretary concerned may provide for the treatment of perfluorooctane sulfonic acid and perfluorooctanoic acid in drinking water from wells owned and operated by a local water authority undertaken to attain the lifetime health advisory level for such acids in drinking water.

(b)

Requirements for assistance

The Secretary concerned may only provide for the treatment of drinking water pursuant to subsection (a) if—

(1)

the local water authority has requested such treatment from the Secretary during the fiscal year when the treatment is provided;

(2)

the elevated levels of perfluorooctane sulfonic acid and perfluorooctanoic acid in the drinking water are the result of activities conducted by or paid for by the Department of the Army or the Department of the Air Force at a State-owned National Guard installation;

(3)

such treatment takes place only during the fiscal year in which the request was made;

(4)

the local water authority waives all claims against the United States and the National Guard for treatment expenses incurred before the fiscal year during which the treatment is taking place; and

(5)

the cost of any treatment provided pursuant to subsection (a) does not exceed the actual cost of the treatment attributable to the activities conducted by or paid for by the Department of the Army or the Department of the Air Force, as the case may be.

(c)

Existing agreements

Treatment of drinking water pursuant to subsection (a) may be provided without regard to existing contractual provisions in agreements between the Department of the Army, the Department of the Air Force, or the National Guard Bureau, as the case may be, and the State in which the base is located relating to environmental response actions or indemnification.

(d)

Authority To enter into agreements

The Secretary concerned may enter into such grants, cooperative agreements, or contracts with a local water authority as may be necessary to implement this section.

(e)

Use of DSMOA

Using up to $45,000,000 of the funds authorized to be appropriated by section 301 for operation and maintenance, the Secretary concerned may pay, utilizing an existing Defense-State Memorandum of Agreement, costs that would otherwise be eligible for payment under that agreement.

(f)

Termination of authority

The authority under this section shall terminate on September 30, 2021.

(g)

Retroactive effect

Notwithstanding paragraphs (1), (3), (4) of subsection (b), the Secretary concerned may reimburse a local water authority or a State for the treatment of drinking water pursuant to this section if—

(1)

the local water authority or state requested such a payment from the National Guard Bureau prior to March 1, 2018, or the National Guard Bureau was aware of a treatment plan by the local water authority or state prior to that date; and

(2)

the local water authority or the State, as the case may be, waives all claims against the United States and the National Guard for treatment expenses incurred before January 1, 2018.

(h)

Conforming amendments

(1)

Responsibility for response actions

Section 2701(c)(1) of title 10, United States Code, is amended by inserting or pollutants or contaminants after releases of hazardous substances.

(2)

Definition of facility

Section 2700(2) of title 10, United States Code, is amended—

(A)

by striking The terms environment, facility, and inserting (A) The terms environment,; and

(B)

by adding at the end the following new subparagraph:

(B)

The term facility

(i)

has the meaning given the term in section 101 of CERCLA (42 U.S.C. 9601); and

(ii)

includes real property which is owned by, leased, to, or otherwise possessed by the United States at locations conducting military activities under the authority of either this title or title 32.

.

(i)

Definitions

In this section—

(1)

Lifetime health advisory

The term lifetime health advisory means the United States Environmental Protection Agency Lifetime Health Advisory for the presence of perfluorooctane sulfonic acid and perfluorooctanoic acid in drinking water.

(2)

Secretary concerned

The term Secretary concerned means the Secretary of the Army or the Secretary of the Air Force.

(3)

State

The term State means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.

(4)

State-owned national guard installation

The term State-owned National Guard installation means a facility or site owned or operated by a State when such facility or site is used for training the National Guard pursuant to chapter 5 of title 32, United States Code, with funds provided by the Secretary of Defense or the Secretary of a military department, even though the Department of Defense is not the owner or operator of such facility or site.

C

Reports

321.

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)

in subsection (e), by striking Submission to congressional committees and inserting Quarterly report on joint readiness;

(2)

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

(3)

by inserting after subsection (e) the following new subsection:

(f)

Quarterly report on monthly changes in current state of readiness of units

The Secretary shall each quarter 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 subsection (f), as added by subsection (d) 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) 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.

.

322.

Report on cold weather capabilities and readiness of United States Armed Forces

(a)

In general

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the current cold weather capabilities and readiness of the United States Armed Forces.

(b)

Elements

The report required by subsection (a) shall include the following:

(1)

A description of current cold weather capabilities and training to support United States military operations in cold climates across the joint force.

(2)

A description of anticipated requirements for United States military operations in cold and extreme cold weather in the Arctic, Northeast Asia, and Northern and Eastern Europe.

(3)

A description of the current cold weather readiness of the joint force, the ability to increase cold weather training across the joint force, and any equipment, infrastructure, personnel, or resource limitations or gaps that may exist.

(4)

An analysis of potential opportunities to expand cold weather training for the Army, the Navy, the Air Force, and the Marine Corps and the resources or infrastructure required for such expansion.

(5)

An analysis of potential cold weather amphibious landing locations, including the potential for a combined arms live fire exercise.

D

Other matters

331.

Pilot programs on integration of military information support and civil affairs activities

(a)

Pilot programs authorized

(1)

In general

The commander of any geographic combatant command designated by the Secretary of Defense for purposes of this section, and the Commander of the United States Special Operations Command if so designated, may carry out one or more pilot programs designed to assess the feasability and advisability of integrating military information support and civil affairs in support of the theater campaign plans of such combatant command.

(2)

Concurrence of Chiefs of Mission

Activities under a pilot program under this section may be carried out in a country only with the concurrence of the Chief of Mission for that country.

(b)

Requirement for both military information support and civil affairs capabilities

(1)

In general

Except as provided in paragraphs (2) and (3), each pilot program under this section shall include both a military information support capability and a civil affairs capability.

(2)

No military information support capability

A pilot program may be carried out in a region or country in which no military information support capability is deployed if the program is complemented by a Department of State public diplomacy effort that contributes to the fulfillment of the objectives of the commander of the combatant command concerned to convey information to foreign audiences in the region or county to influence their emotions, motives, objective reasoning, and behavior in support of the applicable theater campaign plan.

(3)

No civil affairs capability

A pilot program may be carried out in a region or country in which no civil affairs capability is deployed if the program is complemented by an effort of the Department of State or the United States Agency for International Development to contribute to the fulfillment of the objectives of the commander of the combatant command concerned to reestablish or maintain stability within the region or country in support of the applicable theater campaign plan.

(4)

Plan

In the event a pilot program will be carried out pursuant to paragraph (2) or (3), planning for the pilot program shall include an explanation of concept, budget, timeline, and metrics for measuring the effectiveness of activities of the Department of State or United States Agency for International Development, as applicable, under the pilot program.

(c)

Duration

The authority to carry out pilot programs under this section shall cease on September 30, 2023.

(d)

Annual reports

(1)

In general

Not later than 90 days after the last day of each of fiscal year 2019 through 2023, the Secretary shall submit to the congressional defense committees a report on the pilot programs carried out under this section during the preceding fiscal year.

(2)

Elements

Each report under this subsection shall include, for the fiscal year covered by such report, the following:

(A)

A list of all pilot programs carried out, set forth by combatant command.

(B)

A list of all pilot programs commenced, set forth by combatant command.

(C)

The amount of funds provided for each pilot program carried out.

(D)

The objectives of each pilot program carried out, and the metrics used or to be used to measure the effectiveness of such pilot program.

(E)

A description of the manner in which each pilot program carried out supports the applicable theater campaign plan of the commanders of the combatant command concerned.

(F)

If a pilot program was concluded, an assessment of the value of the program, a description and assessment of lessons learned through the program, and any recommendations the Secretary considers appropriate for follow-on efforts in connection with the program.

(e)

Funding

(1)

In general

Of the amounts authorized to be appropriated for each of fiscal years 2019 through 2023 for the Department of Defense for operation and maintenance and available for the combatant commands, an aggregate of $20,000,000 may be used in each such fiscal year by each such combatant command for pilot programs under this section.

(2)

Limitation on amount for particular programs

The amount expended on any particular pilot program may not exceed $2,000,000.

(f)

Definitions

In this section:

(1)

Civil affairs

The term civil affairs means activities intended to establish, maintain, influence, or exploit relations between military forces, indigenous populations, and institutions by directly supporting the attainment of objectives relating to the reestablishment or maintenance of stability within a region or country.

(2)

Military information support

The term military information support means operations to convey selected information and indicators to foreign audiences to influence their emotions, motives, objective reasoning, and ultimately the behavior of foreign governments, organizations, groups, and individuals in a manner favorable to the objectives of those planning such operations.

(3)

Theater campaign plan

The term theater campaign plan means a plan developed by a combatant command for the steady-state activities of the command, including operations, security cooperation, and other activities designed to achieve strategic end states in the theater.

332.

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 (SAG) as detailed in the Department’s future years defense program pursuant to section 221 of title 10, United States Code.

333.

Restriction on upgrades to aviation demonstration team aircraft

(a)

In general

Except as provided under subsection (b), the Secretary of Defense may not upgrade the type, model, or series of aircraft used by a military service for its fixed wing aviation demonstration teams, including Blue Angel and Thunderbird aircraft, until the service's active and reserve duty squadrons and weapon training schools have replaced 100 percent of the existing type, model, and series of aircraft.

(b)

Waiver authority

The Secretary of Defense may, upon written notice to the congressional defense committees, waive the prohibition under subsection (a) for the purpose of carrying out upgrades to the type, model, or series of the aircraft described under such subsection that are necessary to ensure the safety of pilots.

334.

U.S. Special Operations Command civilian personnel

Of the funds authorized to be appropriated by this Act for Operation and Maintenance, Defense-wide for U.S. Special Operations Command civilian personnel, not less than $6,200,000 shall be used to fund the detail of civilian personnel to the office of the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict to support the Secretariat for Special Operations.

335.

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 operation and maintenance, research, development, test, and evaluation, or procurement, and available to operate service specific Defense Readiness Reporting Systems (DRRS) may be made available for such purpose except for required maintenance and in order to facilitate the transition to DRRS-Strategic (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).

336.

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.

337.

Limitation on availability of funds for establishment of additional specialized undergraduate pilot training facility

(a)

Limitation

Of the funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense for fiscal year 2019 for Specialized Undergraduate Pilot Training for the Air Force (referred to in this section as SUPT) no funds may be used to enter into a contract for the procurement of equipment, facilities, real property, or services to establish a new SUPT location in the United States until the date on which the Secretary of the Air Force submits to the congressional defense committees the certification described under subsection (b).

(b)

Certification

The certification referred to in subsection (a) is a certification that—

(1)

existing SUPT installations are operating at maximum capacity in terms of pilot production; and

(2)

the Air Force plans to operate existing SUPT installations at maximum capacity over the future years defense program.

(c)

Report

(1)

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 SUPT production, resourcing, and locations.

(2)

Elements

The report required under paragraph (1) shall include the following elements:

(A)

A description of the strategy of the Air Force for utilizing existing SUPT locations to produce the number of pilots the Air Force requires.

(B)

The number of pilots that each SUPT location has graduated, by year, over the previous 5 fiscal years.

(C)

The forecast number of pilots that each SUPT location will produce for fiscal year 2019.

(D)

The maximum production capacity of each SUPT location.

(E)

A cost estimate of the resources required for each SUPT location to reach maximum production capacity.

(F)

A determination as to whether increasing production capacity at existing SUPT locations will satisfy the Air Force’s SUPT requirement.

(G)

A timeline and cost estimation of establishing a new SUPT location.

(H)

A business case analysis comparing the establishment of a new SUPT location to increasing production capacity at existing SUPT locations.

338.

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.

.

339.

Redesignation of the Utah Test and Training Range (UTTR)

The Utah Test and Training Range (UTTR) located in northwestern Utah and eastern Nevada may be redesignated.

E

Logistics and Sustainment

351.

Limitation on modifications to Navy Facilities Sustainment, Restoration, and Modernization (FSRM) structure and mechanism

The Secretary of the Navy may not make any modification to the existing Navy Facilities Sustainment, Restoration, and Modernization (FSRM) 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.

IV

Military Personnel Authorizations

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, 485,741.

(2)

The Navy, 331,900.

(3)

The Marine Corps, 186,100.

(4)

The Air Force, 325,720.

402.

End strengths for commissioned officers on active duty in certain grades

The Armed Forces are authorized strengths for commissioned officers on active duty as of September 30, 2019, in the grades as follows in the number specified:

(1)

The Army:

(A)

Colonel, 3,970.

(B)

Lieutenant colonel, 8,700.

(C)

Major, 15,470.

(2)

The Navy:

(A)

Captain, 3,060.

(B)

Commander, 6,670.

(C)

Lieutenant commander, 11,010.

(3)

The Marine Corps:

(A)

Colonel, 650.

(B)

Lieutenant colonel, 1,910.

(C)

Major, 3,920.

(4)

The Air Force:

(A)

Colonel, 3,450.

(B)

Lieutenant colonel, 10,270.

(C)

Major, 13,920.

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, 59,000.

(4)

The Marine Corps Reserve, 38,500.

(5)

The Air National Guard of the United States, 106,600.

(6)

The Air Force Reserve, 69,800.

(7)

The Coast Guard Reserve, 7,000.

(b)

End strength reductions

The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by—

(1)

the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and

(2)

the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year.

(c)

End strength increases

Whenever units or individual members of the Selected Reserve of any reserve component are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members.

412.

End strengths for Reserves on active duty in support of the reserves

Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 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, 30,155.

(2)

The Army Reserve, 16,261.

(3)

The Navy Reserve, 10,101.

(4)

The Marine Corps Reserve, 2,261.

(5)

The Air National Guard of the United States, 19,450.

(6)

The Air Force Reserve, 3,588.

413.

End strengths for military technicians (dual status)

The minimum number of military technicians (dual status) as of the last day of fiscal year 2019 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following:

(1)

For the Army National Guard of the United States, 22,294.

(2)

For the Army Reserve, 6,492.

(3)

For the Air National Guard of the United States, 18,969.

(4)

For the Air Force Reserve, 8,880.

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.

422.

Limitation on use of funds for personnel in fiscal year 2019 in excess of statutorily specified end strengths for fiscal year 2018

Notwithstanding any other provision of this title, funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense for fiscal year 2019 for military personnel may be not obligated or expended for a number of military personnel covered by an end strength in title IV of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) in excess of such end strength until the Secretary of Defense has submitted to the congressional defense committees the report required under subsection (b) of section 1041.

V

Military Personnel Policy

A

Officer Personnel Policy

I

Officer Personnel Management Reform

501.

Repeal of codified specification of authorized strengths of certain commissioned officers on active duty

Effective as of October 1, 2018, the text of section 523 of title 10, United States Code, is amended to read as follows:

The total number of commissioned officers serving on active duty in the Army, Air Force, or Marine Corps in each of the grades of major, lieutenant colonel, or colonel, or in the Navy in each of the grades of lieutenant commander, commander, or captain, at the end of any fiscal year shall be as specifically authorized by Act of Congress for such fiscal year.

.

502.

Annual defense manpower requirements report matters

(a)

Date of submittal

Subsection (a) of section 115a of title 10, United States Code, is amended in the matter preceding paragraph (1) by striking not later than 45 days after the date on which and inserting on the date on which.

(b)

Specification of anticipated opportunities for promotion of commissioned officers

Subsection (d) of such section is amended by adding the following new paragraph:

(4)

The opportunities for promotion of commissioned officers anticipated to be estimated pursuant to section 623(b)(4) of this title for the fiscal year in which such report is submitted for purposes of promotion selection boards convened pursuant to section 611 of this title during such fiscal year.

.

(c)

Enumeration of required numbers of certain commissioned officers

Such section is further amended by adding at the end the following new subsection:

(i)

In each such report, the Secretary shall also include a separate statement of the number of officers required for the next fiscal year in each grade as follows:

(1)

Major, lieutenant colonel, and colonel of each of the Army, the Air Force, and the Marine Corps.

(2)

Lieutenant commander, commander, and captain of the Navy.

.

503.

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.

504.

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).

505.

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)

Status of officers appointed

(1)

Preservation of position and status

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.

(2)

Grade for purposes of annual defense manpower reports

For purposes of section 115a of this title, an officer holding an appointment under this section is considered as serving in the grade of the temporary promotion this section.

(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.

506.

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

(a)

DOPMA boards

(1)

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.

.

(2)

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.

.

(3)

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.

(b)

ROPMA boards

(1)

In general

Section 14108 of title 10, United States Code, is amended by adding at the end the following new subsection:

(f)

Officers of particular merit

(1)

In selecting the officers to be recommended for promotion, a promotion 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 14308(a) 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 14107 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.

.

(2)

Promotion board reports recommending officers of particular merit be placed higher on promotion list

Section 14109 of such title is amended by adding at the end the following new subsection:

(d)

Officers of particular merit

A promotion board convened under section 14101(a) of this title shall, when authorized under section 14108(f) 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.

.

(3)

Officers of particular merit appearing higher on promotion list

Section 14308(a) 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.

507.

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 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.

.

508.

Competitive category matters

Section 621 of title 10, United States Code, is amended—

(1)

by inserting (a) Competitive categories.— before Under regulations; and

(2)

by adding at the end the following new subsections:

(b)

Bases for competitive categories

Competitive categories shall be established on the bases as follows:

(1)

Officers occupying similar officer qualifications, specialties, occupations, or ratings shall be grouped together.

(2)

Promotion timing, promotion opportunity, and officer career length shall each be tailored to particular officer qualifications, specialties, occupations, or ratings.

(c)

Consistency not required in promotion timing or opportunity

In establishing competitive categories, the Secretary of a military department shall not be required to provide consistency in promotion timing or promotion opportunity among competitive categories of the armed force concerned.

.

509.

Promotion zone matters

(a)

Alignment with annual defense manpower requirements reports

Subsection (b) of section 623 of title 10, United States Code, is amended—

(1)

in paragraph (3), by striking and at the end;

(2)

in paragraph (4), by striking the period at the end and inserting ; and; and

(3)

by adding after paragraph (4) the following new paragraph (5):

(5)

the alignment of opportunities for promotion for officers considered by any particular selection board with opportunities for promotion in the next year as estimated pursuant to paragraph (4) and reported in the annual defense manpower requirements report covering such year under section 115a of this title.

.

(b)

Prohibition on determination of officers in promotion zone based on year of original appointment to current grade

(1)

In general

Such section is further amended by adding at the end the following new subsection:

(c)

The Secretary concerned may not determine the number of officers in a promotion zone on the basis of the year in which officers receive their original appointment in their current grade.

.

(2)

Effective date

The amendment made by paragraph (1) shall take effect on the date of the enactment of this Act, and shall apply with respect to promotion zones established for promotion selection boards convened on or after that date.

510.

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.

649h-1. Continuation on active duty: officers in certain military specialties and career tracks.

649i. Other administrative authorities.

649j. 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 afer 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.

649h-1.

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.

649i.

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.

649j.

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.

511.

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,.

II

Other Matters

516.

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 reopening in accordance with subsection (f)..

(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 reopening in accordance with subsection (f).

.

(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 reopening in accordance with subsection (f)..

(b)

Determinations of satisfactory service

Such section is further amended—

(1)

by redesignating subsection (e) as subsection (g); and

(2)

by inserting after subsection (d) the following new subsection (e):

(e)

Determinations of satisfactory service in grade

The determination whether an officer's service in grade is satisfactory for purposes of any provision of this section shall—

(1)

be based on quantative and qualitative considerations;

(2)

take into account both acts and omissions; and

(3)

take into account service in current grade and in any prior grade in which served (whether a lower or higher grade).

.

(c)

Finality of retired grade determinations

Such section is further amended by inserting after subsection (e), as amended by subsection (b) of this section, 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.

.

(d)

Effective date

The amendments made by subsection (a) shall take effect on the date of the enactment of this Act, and shall apply with respect to officers who retire from the Armed Forces on or after that date.

517.

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.

518.

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.

519.

Uniform grade of service of the Chiefs of Chaplains of the Armed Forces

The grade of service as Chief of Chaplains of the Army, Chief of Chaplains of the Navy, and Chief of Chaplains of the Air Force of an officer serving in such position shall be such grade as the Secretary of Defense shall specify. The grade of service shall be the same for service in each such position.

520.

Written justification for appointment of Chiefs of Chaplains in grade below grade of major general or rear admiral

(a)

Chief of Chaplains of the Army

Section 3036 of title 10, United States Code, is amended by adding at the end the following new subsection:

(h)

If an individual is appointed Chief of Chaplains in a regular grade below the grade of major general, the Secretary of the Army shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth in writing the justification for the appointment of the individual as Chief of Chaplains in such lower grade.

.

(b)

Chief of Chaplains of the Navy

Section 5142(b) of such title is amended—

(1)

by inserting (1) after (b); and

(2)

by adding at the end the following new paragraph:

(2)

If an individual is appointed Chief of Chaplains in a regular grade below the grade of rear admiral, the Secretary of the Navy shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth in writing the justification for the appointment of the individual as Chief of Chaplains in such lower grade.

.

(c)

Chief of Chaplains of the Air Force

Section 8039(a) of such title is amended—

(1)

by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and

(2)

by inserting after paragraph (1) the following new paragraph (2):

(2)

If an individual is appointed Chief of Chaplains in a regular grade below the grade of major general, the Secretary of the Air Force shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth in writing the justification for the appointment of the individual as Chief of Chaplains in such lower grade.

.

B

Reserve Component Management

521.

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

(a)

In general

Section 14308(f) of title 10, United States Code, is amended—

(1)

by inserting (1) before The effective date of promotion; and

(2)

by adding at the end the following new paragraph:

(2)

If the Secretary concerned determines that there was an undue delay in extending Federal recognition in the next higher grade in the Army National Guard or the Air National Guard to a reserve commissioned officer of the Army or the Air Force, and the delay was not attributable to the action (or inaction) of such officer, the effective date of the promotion concerned under paragraph (1) may be adjusted to a date determined by the Secretary concerned, but not earlier than the effective date of the State promotion.

.

(b)

Effective date

The amendments made by subsection (a) shall take effect on the date of the enactment of this Act, and shall apply with respect to promotions of officers whose State effective date is on or after that date.

522.

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

Section 14301 of title 10, United States Code, is amended by adding at the end the following new subsection:

(j)

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.

.

523.

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

Section 10508(b)(1) of title 10, United States Code, is amended by striking sections 2103, and all that follows through of title 32, and inserting sections 2102, 2103, 2105, and 3101, and subchapter IV of chapter 53, of title 5, or sections 328 and 709 of title 32,.

524.

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

Section 10302 of title 10, United States Code, is amended—

(1)

in subsection (b), by striking not on active duty each place it appears; and

(2)

in subsection (c)—

(A)

by inserting of the reserve components after among the members; and

(B)

by striking not on active duty.

C

General Service Authorities

531.

Assessment of Navy standard workweek and related adjustments

(a)

Assessment

The Secretary of the Navy shall conduct a comprehensive assessment of the Navy standard workweek.

(b)

Other requirements

The Secretary shall—

(1)

update Office of the Chief of Naval Operations Instruction 1000.16L in order to—

(A)

obtain an examination of current in-port workloads; and

(B)

identify the manpower necessary to execute in-port workload for all surface ship classes;

(2)

update the criteria used in the Instruction referred to in paragraph (1) that are used to reassess the factors used to calculate manpower requirements periodically or when conditions change; and

(3)

using the updates required by paragraphs (1) and (2), identify personnel needs and costs associated with the planned larger size of the Navy fleet.

(c)

Added demands

The Secretary shall identify and quantify added demands on Navy ship crews, including Ready Relevant Learning training periods and additional work that affects readiness and technical qualifications for Navy ship crews.

(d)

Deadline

The Secretary shall complete carrying out the requirements in this section by not later than 180 days after the date of the enactment of this Act.

532.

Manning of Forward Deployed Naval Forces

Commencing not later than October 1, 2019, the Secretary of the Navy shall implement a policy to man ships homeported overseas (commonly referred to as Forward Deployed Naval Forces) at manning levels not less than the levels established for each ship class or type of unit, including any adjustments resulting from as a result of changes from actions in connection with section 531, relating to an assessment of the Navy standard workweek and related adjustments.

533.

Navy watchstander records

(a)

In general

The Secretary of the Navy shall require that, commencing not later than 180 days after the date of the enactment of this Act, key watchstanders on Navy surface ships shall maintain a career record of watchstanding hours and specific operational evolutions.

(b)

Key watchstander defined

In this section, the term key watchstander means each of the following:

(1)

Officer of the Deck.

(2)

Any other officer specified by the Secretary for purposes of this section.

534.

Qualification experience requirements for certain Navy watchstations

(a)

In general

Not later than 90 days after the date the of enactment of this Act, the Secretary of the Navy shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the adequacy of individual training for certain watchstations, including any planned or recommended changes in qualification standards for such watchstations.

(b)

Watchstations

The watchstations covered by the report required by subsection (a) are the following:

(1)

Officer of the Deck.

(2)

Combat Information Center Watch Officer.

(3)

Tactical Action Officer.

535.

Repeal of 15-year statute of limitations on motions or requests for review of discharge or dismissal from the Armed Forces

(a)

Repeal

Section 1553(a) of title 10, United States Code, is amended by striking the second sentence.

(b)

Effective date

The amendment made by this section shall take effect on October 1, 2019.

536.

Treatment of claims relating to military sexual trauma in correction of military records and review of discharge or dismissal proceedings

(a)

Correction of military records

(1)

In general

Subsection (h) of section 1552 of title 10, United States Code, is amended in paragraphs (1) and (2)(B), by striking post-traumatic stress disorder or traumatic brain injury and inserting post-traumatic stress disorder, traumatic brain injury, or military sexual trauma.

(2)

Quarterly reports

Subsection (i)(1) of such section is amended by inserting , or an experience of military sexual trauma, after traumatic brain injury.

(b)

Review of discharge or dismissal

Section 1553(d) of such title is amended—

(1)

by striking or traumatic brain injury each place it appears (other than the second place it appears in paragraph (3)(B)) and inserting , traumatic brain injury, or military sexual trauma; and

(2)

in paragraph (3)(B), by inserting and before whose the second place it appears.

D

Military Justice Matters

541.

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

(a)

Punitive article

(1)

In general

Subchapter X of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by inserting after section 928a (article 128a) the following new section (article):

928b. Art. 128b.

Domestic violence

(a)

In general

Any person who—

(1)

commits a violent offense against a spouse, an intimate partner, or an immediate family member of that person;

(2)

with intent to threaten or intimidate a spouse, an intimate partner, or an immediate family member of that person—

(A)

commits an offense under this chapter against any person; or

(B)

commits an offense under this chapter against any property, including an animal;

(3)

with intent to threaten or intimidate a spouse, an intimate partner, or an immediate family member of that person, violates a protection order;

(4)

with intent to commit a violent offense against a spouse, an intimate partner, or an immediate family member of that person, violates a protection order; or

(5)

assaults a spouse, an intimate partner, or an immediate family member of that person by strangling or suffocating;

shall be punished as a court-martial may direct.
(b)

Definitions

In this section (article):

(1)

Immediate family

The term immediate family, with respect to an accused, means a spouse, parent, brother or sister, child of the accused, a person to whom the accused stands in loco parentis, and any other person who lives in the household involved and is related by blood or marriage to the accused.

(2)

Intimate partner

The term intimate partner, with respect to an accused, means—

(A)

a former spouse of the accused;

(B)

a person who has a child in common with the accused;

(C)

a person who cohabits or has cohabited as a spouse with the accused; or

(D)

a person who is or has been in a social relationship of a romantic or intimate nature with the accused, as determined by the length of the relationship, the type of relationship, and the frequency of interaction between the person and the accused.

(3)

Protection order

The term protection order means—

(A)

a military protective order enforceable under section 890 of this title (article 90); or

(B)

a protection order, as defined in section 2266 of title 18 and, if issued by a State, Indian tribal, or territorial court, is in accordance with the standards specified in section 2265 of such title.

(4)

Strangling

The term strangling means intentionally or knowingly impeding the normal breathing or circulation of the blood of a person by applying pressure to the throat or neck, regardless of whether the impeding results in any visible injury or whether there is any intent to kill or protractedly injure the victim.

(5)

Suffocating

The term suffocating means intentionally or knowingly impeding the normal breathing of a person by covering the mouth or the nose, regardless of whether the impeding results in any visible injury or whether there is any intent to kill or protractedly injure the victim.

(6)

Violent offense

The term violent offense means a violation of any of the provisions of this chapter as follows:

(A)

Section 918 of this title (article 118).

(B)

Section 919(a) of this title (article 119(a)).

(C)

Section 919a of this title (article 119a).

(D)

Section 920 of this title (article 120).

(E)

Section 920b of this title (article 120b).

(F)

Section 922 of this title (article 122).

(G)

Section 925 of this title (article 125).

(H)

Section 926 of this title (article 126).

(I)

Section 928 of this title (article 128).

(J)

Section 928a of this title (article 128a).

(K)

Section 930 of this title (article 130).

.

(2)

Clerical amendment

The table of sections at the beginning of subchapter X of chapter 47 of such title (the Uniform Code of Military Justice) is amended by inserting after the item relating to section 928a (article 128a) the following new item:

928b. 128b. Domestic violence.

.

(b)

Effective date

The amendments made by this section shall take effect on January 1, 2019, immediately after the coming into effect of the amendments made by the Military Justice Act of 2016 (division E of Public Law 114–328) as provided in section 5542 of that Act (130 Stat. 2967; 10 U.S.C. 801 note).

542.

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

(a)

In general

Subsection (b) of section 928 of title 10, United States Code (article 128 of the Uniform Code of Military Justice), is amended—

(1)

in paragraph (1), by striking or at the end;

(2)

in paragraph (2), by adding or after the semicolon; and

(3)

by inserting after paragraph (2) the following new paragraph:

(3)

who commits an assault by strangulation or suffocation;

.

(b)

Effective date

The amendments made by subsection (a) shall take effect on January 1, 2019, immediately after the coming into effect of the amendment made by section 5441 of the Military Justice Act of 2016 (division E of Public Law 114–328; 130 Stat. 2954) as provided in section 5542 of that Act (130 Stat. 2967; 10 U.S.C. 801 note).

543.

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

Section 546 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 (10 U.S.C. 1561 note) is amended—

(1)

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

(2)

by inserting after subsection (c) the following new subsection (d):

(d)

Authorities

(1)

Hearings

The Advisory Committee may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the committee considers appropriate to carry out its duties under this section.

(2)

Information from federal agencies

Upon request by the chair of the Advisory Committee, a department or agency of the Federal Government shall provide information that the Advisory Committee considers necessary to carry out its duties under this section.

.

544.

Protective orders against individuals subject to the Uniform Code of Military Justice

(a)

Protective orders

(1)

In general

Subchapter II of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by inserting after section 809 (article 9) the following new section (article):

809a. Art. 9a.

Protective orders

(a)

Issuance authorized

(1)

In general

In accordance with such regulations as the President may prescribe and subject to the provisions of this section, upon proper application therefor pursuant to subsection (b), a military judge or military magistrate may issue the following:

(A)

A protective order described in subsection (c) on an emergency basis against a person subject to this chapter.

(B)

A protective order described in subsection (c), other than a protective order on an emergency basis, against a person subject to this chapter.

(2)

Other protective orders

Nothing in this section may be construed as limiting or altering any authority of a military judge or military magistrate to issue a protective order, other than a protective order described in subsection (c), against a person subject to this chapter under any other provision of law or regulation.

(b)

Application

(1)

In general

Application for a protective order under this section shall be made in accordance with such requirements and procedures as the President shall prescribe. Such requirements and procedures shall, to the extent practicable, conform to the requirements and procedures generally applicable to applications for protective orders in civilian jurisdictions of the United States.

(2)

Eligibility

Application for a protective order may be made by any individual. The regulations prescribed for purposes of this section may not limit eligibility for application to judge advocates or other attorneys or to military commanders or other members of the armed forces.

(c)

Protective orders

(1)

In general

A protective order described in this subsection is an order that—

(A)

restrains a person from harassing, stalking, threatening, or otherwise contacting or communicating with another person who stands in relation to the person as described in subsection (d)(8) or (g)(8) of section 922 of title 18, or engaging in other conduct that would place such other person in reasonable fear of bodily injury to any such other person; and

(B)

by its terms, explicitly prohibits—

(i)

the use, attempted use, or threatened use of physical force by the person against another person who stands in relation to the person as described in subsection (d)(8) or (g)(8) of section 922 of title 18 that would reasonably be expected to cause bodily injury;

(ii)

the initiation by the person restrained of any contact or communication with such other person; or

(iii)

actions described by both clauses (i) and (ii).

(2)

Definitions

In this subsection:

(A)

The term contact includes contact in person or through a third party, or through gifts,

(B)

The term communication includes communication in person or through a third party, and by telephone or in writing by letter, data fax, or other electronic means.

(d)

Due process

(1)

Protection of due process

Except as provided in paragraph (2), a protective order described in subsection (c) may only be issued after the person to be subject to the order has received such notice and opportunity to be heard on the order as the President shall prescribe.

(2)

Emergency orders

A protective order on an emergency basis may be issued on an ex parte basis under such rules and limitations as the President shall prescribe.

(e)

Nature and scope of protective orders

The President shall prescribe any requirements or limitations applicable to nature and scope of protective orders described in subsection (c), including requirements and limitations relating to the following:

(1)

The duration of protective orders on an emergency basis, and of other protective orders.

(2)

The scope of protective orders on an emergency basis, and of other protective orders.

(f)

Command matters

(1)

Delivery to commander

A copy of a protective order described in subsection (c) against a member of the armed forces shall be provided to such commanding officer in the chain of command of the member as the President shall prescribe for purposes of this section.

(2)

Inclusion in personnel file

Any protective order described in subsection (c) against a member shall be placed and retained in the military personnel file of the member.

(3)

Notice to civilian law enforcement of issuance

Any protective order described in subsection (c) against a member shall be treated as a military protective order for purposes of section 1567a of this title, including for purposes of mandatory notification of issuance to civilian law enforcement as required by that section.

(4)

Authority of commanding officers

Nothing in this section may be construed as prohibiting a commanding officer from issuing or enforcing any otherwise lawful order in the nature of a protective order described in subsection (c) to or against members of the officer's command.

(g)

Delivery to certain persons

A physical copy of any protective order described in subsection (c) shall be provided, as soon as practicable after issuance, to the following:

(1)

The person or persons protected by the protective order or to the guardian of such a person if such person is under the age of 18 years.

(2)

The person subject to the protective order.

(h)

Enforcement

A protective order described in subsection (c) shall be enforceable by a military judge or military magistrate under such rules, and subject to such requirements and limitations, as the President shall prescribe.

.

(2)

Clerical amendment

The table of sections at the beginning of subchapter II of chapter 47 of such title is amended by inserting after the item relating to section 809 (article 9) the following new item:

809a. 9a. Protective orders.

.

(b)

Authority of military magistrates

(1)

In general

Section 826a(b) of title 10, United States Code (article 26a(b) of the Uniform Code of Military Justice), is amended by striking 819 or 830a of this title (article 19 or 30a) and inserting 809a, 819, or 830 of this title (article 9a, 19, or 30a).

(2)

Effective date

The amendment made by paragraph (1) shall take effect on January 1, 2019, immediately after the coming into effect pursuant to section 5542 of the Military Justice Act of 2016 (division E of Public Law 114–328; 130 Stat. 2967; 10 U.S.C. 801 note) of the amendment made by section 5185 of the Military Justice Act of 2016 (130 Stat. 2902), to which the amendment made by paragraph (1) relates.

545.

Expansion of eligibility for Special Victims' Counsel services

(a)

In general

Subsection (a) of section 1044e of title 10, United States Code, is amended by striking alleged sex-related offense each place it appears and inserting alleged covered violence offense.

(b)

Types of legal assistance authorized

Subsection (b) of such section is amended—

(1)

by striking the alleged sex-related offense each place it appears and inserting the alleged covered violence offense; and

(2)

in paragraph (3), by inserting if and as applicable, after or domestic abuse advocate,.

(c)

Availability of SVCs

Such section is further amended—

(1)

in subsection (b)(10), by striking subsection (h) and inserting subsection (j);

(2)

by redesignating subsections (g) and (h) as subsections (i) and (j), respectively;

(3)

in subsection (f)—

(A)

by striking the subsection heading and inserting Availability of SVCs in connection with sex-related offenses.—; and

(B)

in paragraph (1), by inserting an alleged covered violence offense that is before an alleged sex-related offense the first place it appears; and

(4)

by inserting after subsection (f) the following new subsections:

(g)

Availability of SVCs in connection with domestic violence offenses

(1)

An individual described in subsection (a)(2) who is the victim of an alleged covered violence offense that is an alleged domestic violence offense shall be offered the option of receiving assistance from a Special Victims' Counsel upon report of an alleged domestic violence offense or at the time the victim seeks assistance from a Family Advocate, a domestic violence victim advocate, a military criminal investigator, a victim/witness liaison, a trial counsel, a healthcare provider, or any other personnel designated by the Secretary concerned for purposes of this subsection.

(2)

Paragraphs (2) and (3) of subsection (f) shall apply to the availability of Special Victims' Counsel under this subsection to victims of an alleged domestic violence offense.

(h)

Availability of SVCs in connection with other covered violence offenses

An individual described in subsection (a)(2) who is the victim of an alleged covered violence offense (other than an alleged offense covered by subsection (f) or (g)) shall be offered the option of receiving assistance from a Special Victims' Counsel upon report of such alleged covered violence offense or at the time the victim seeks assistance from a military criminal investigator, a victim/witness liaison, a trial counsel, a healthcare provider, or any other personnel designated by the Secretary concerned for purposes of this subsection.

.

(d)

Definitions

Subsection (i) of such section, as redesignated by subsection (c)(2) of this section, is further amended to read as follows:

(i)

Definitions

In this section:

(1)

Alleged covered violence offense

The term alleged covered violence offense means any allegation of the following:

(A)

A violation of section 918, 919, 919a, 920, 920b, 925, 928a, or 930 of this title (article 118, 119, 119a, 120, 120b, 125, 128a, or 130 of the Uniform Code of Military Justice).

(B)

A violation of subsection (b) of section 928 of this title (article 128 of the Uniform Code of Military Justice), if the offense was aggravated.

(C)

A violation of any other provision of chapter 47 of this title (the Uniform Code of Military Justice) that the Secretary of Defense and the Secretary of Homeland Security jointly specify as an alleged covered violence offense for purposes of this section.

(D)

An attempt to commit an offense specified in subparagraph (A), (B), or (C) as punishable under section 880 of this title (article 80 of the Uniform Code of Military Justice).

(E)

A conspiracy to commit an offense specified in subparagraph (A), (B), or (C) as punishable under section 881 of this title (article 81 of the Uniform Code of Military Justice).

(F)

A solicitation to commit an offense specified in subparagraph (A), (B), or (C) as punishable under section 882 of this title (article 82 of the Uniform Code of Military Justice).

(2)

Alleged domestic violence offense

The term alleged domestic violence offense means any allegation of the following:

(A)

A violation of section 919b of this title (article 119b of the Uniform Code of Military Justice).

(B)

A violation of section 920, 928 (if the offense was aggravated), or 930 of this title (article 120, 128, or 130 of the Uniform Code of Military Justice) in which the victim of the violation is a spouse or other intimate partner of the accused or a child of the spouse or other intimate partner of the accused and the accused.

(C)

A violation of any other provision of chapter 47 of this title (the Uniform Code of Military Justice) that the Secretary of Defense and the Secretary of Homeland Security jointly specify as an alleged domestic violence offense for purposes of this section.

(D)

An attempt to commit an offense specified in subparagraph (A), (B), or (C) as punishable under section 880 of this title (article 80 of the Uniform Code of Military Justice).

(E)

A conspiracy to commit an offense specified in subparagraph (A), (B), or (C) as punishable under section 881 of this title (article 81 of the Uniform Code of Military Justice).

(F)

A solicitation to commit an offense specified in subparagraph (A), (B), or (C) as punishable under section 882 of this title (article 82 of the Uniform Code of Military Justice).

(3)

Alleged sex-related offense

The term alleged sex-related offense means any allegation of the following:

(A)

A violation of section 920, 920b, 920c, or 930 of this title (article 120, 120b, 120c, or 130 of the Uniform Code of Military Justice).

(B)

A violation of any other provision of chapter 47 of this title (the Uniform Code of Military Justice) that the Secretary of Defense and the Secretary of Homeland Security jointly specify as an alleged sex-related offense for purposes of this section.

(C)

An attempt to commit an offense specified in subparagraph (A) or (B) as punishable under section 880 of this title (article 80 of the Uniform Code of Military Justice).

(D)

A conspiracy to commit an offense specified in subparagraph (A) or (B) as punishable under section 881 of this title (article 81 of the Uniform Code of Military Justice).

(E)

A solicitation to commit an offense specified in subparagraph (A) or (B) as punishable under section 882 of this title (article 82 of the Uniform Code of Military Justice).

.

(e)

Conforming and clerical amendments

(1)

Heading amendment

The heading of such section is amended to read as follows:

1044e.

Special Victims' Counsel: victims of sex-related offenses, domestic violence offenses, and other violence offenses

.

(2)

Table of sections

The table of sections at the beginning of chapter 53 of such title is amended by striking the item relating to section 1044e and inserting the following new item:

1044e. Special Victims' Counsel: victims of sex-related offenses, domestic violence offenses, and other violence offenses.

.

(f)

Effective date

(1)

In general

The amendments made by this section shall take effect on such date after January 1, 2019, as the President shall specify for purposes of this section.

(2)

Date specified

In specifying a date for purposes of paragraph (1), the President shall specify a date that permits the Secretaries concerned and the Armed Forces the opportunity to assess and properly allocate the personnel and other resources required to fully implement and carry out the amendments made by this section.

(3)

Implementation activities

During the period beginning on the date of the enactment of this Act and ending on the date specified for purposes of paragraph (1), the Secretaries concerned and the Armed Forces shall—

(A)

establish mechanisms to ensure that a priority is afforded in the discharge of duties of Special Victims' Counsel under the amendments made by this section to serious cases of child abuse and other domestic violence (including cases involving aggravated assault and serious neglect that could result in serious injury or death); and

(B)

strongly consider the advisability of employing civilians to perform duties of Special Victims' Counsel in the matters covered by the amendments in the event the number of military Special Victims' Counsel is insufficient for the full and effective discharge of such duties.

(4)

Secretaries concerned defined

In this subsection, the term Secretaries concerned has the meaning given that term in section 101(a)(9) of title 10, United States Code.

546.

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

(a)

In general

Section 950f(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:

(6)

The term of an appellate military judge assigned to the Court under paragraph (2) or appointed to the Court under paragraph (3) shall expire on the earlier of the date on which—

(A)

the judge leaves active duty; or

(B)

the judge is reassigned to other duties in accordance with section 949b(b)(4) of this title.

.

(b)

Applicability

The amendment made by subsection (a) shall apply to each judge of the United States Court of Military Commission Review serving on that court on the date of the enactment of this Act and each judge assigned or appointed to that court on or after such date.

547.

Expansion of policies on expedited transfer of members of the Armed Forces who are victims of sexual assault

(a)

Eligibility of additional members for transfer

The Secretary of Defense shall modify section 105.9 of title 32, Code of Federal Regulations, and any other regulations and policy of the Department of Defense applicable to the expedited transfer of members of the Armed Forces who allege they are a victim of sexual assault, in order to provide that a member of the Armed Forces described in subsection (b) is eligible for expedited transfer under such regulations and policy in connection with an allegation as described in that paragraph.

(b)

Covered members

A member of the Armed Forces described in this subsection is any member as follows:

(1)

A member who is an alleged victim of sexual assault committed by the spouse or intimate partner of the member, which spouse or intimate partner is not a member of the Armed Forces.

(2)

A member who is an alleged victim of physical domestic violence (other than sexual assault) committed by the spouse or intimate partner of the member, regardless of whether the spouse or intimate partner is a member of the Armed Forces.

(c)

Physical domestic violence

In carrying out subsection (a), the Secretary shall prescribe the offenses or other actions constituting physical domestic violence for purposes of subsection (b)(2).

548.

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

(a)

Uniform form required

The Secretary of Defense shall establish a uniform command action form, applicable across the Armed Forces, for reporting the final disposition of cases of sexual assault in which—

(1)

the alleged offender is a member of the Armed Forces; and

(2)

the victim files an unrestricted report on the alleged assault.

(b)

Elements

The form required by subsection (a) shall provide for the inclusion of information on the following:

(1)

The final disposition of the case.

(2)

Appropriate demographic information on the victim and the alleged offender.

(3)

The status of the alleged offender as of final disposition of the case.

(4)

Whether the victim received assistance from a Special Victims' Counsel in connection with the case.

(5)

Whether the victim was disciplined for any collateral misconduct in connection with the case.

(6)

The number of years working in a criminal justice litigation billet of any trial counsel who prosecuted or otherwise consulted on the case.

549.

Inclusion of information on certain collateral conduct of victims of sexual assault in annual reports on sexual assault involving members of the Armed Forces

Section 1631(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (10 U.S.C. 1561 note) is amended by adding at the end the following new paragraph:

(13)

Information on the frequency with which individuals who were identified as victims of sexual assault in case files of military criminal investigative organizations were also accused of or punished for misconduct or crimes considered collateral to the sexual assault under investigation by such organizations, including the type of misconduct or crime and the punishment, if any, received.

.

E

Member Education, Training, Transition, and Resilience

551.

Consecutive service of service obligation in connection with payment of tuition for off-duty training or education for commissioned officers of the Armed Forces with any other service obligations

(a)

In general

Section 2007(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:

(3)

Any active duty service obligation of a commissioned officer under this subsection shall be served consecutively with any other service obligation of the officer (whether active duty or otherwise) under any other provision of law.

.

(b)

Effective date

The amendment made by this section shall take effect on the date of the enactment of this Act, and shall apply with respect to agreements for the payment of tuition for off-duty training or education that are entered into on or after that date.

552.

Consecutive service of active service obligations for medical training with other service obligations for education or training

(a)

Uniformed Services University of the Health Sciences

Section 2114(d) of title 10, United States Code, is amended—

(1)

by inserting (1) after (d); and

(2)

by adding at the end the following new paragraph:

(2)

A commissioned service obligation incurred as a result of participation in a military intern, residency, or fellowship training program shall be served consecutively with the commissioned service obligation imposed by this section and by any other provision of this title for education or training.

.

(b)

Health Professions Scholarship and Financial Assistance Program

Section 2123(b) of such title is amended—

(1)

by inserting (1) after (b); and

(2)

by adding at the end the following new paragraph:

(2)

A commissioned service obligation incurred as a result of participation in a military intern, residency, or fellowship training program shall be served consecutively with the active duty obligation imposed by this section and by any other provision of this title for education or training.

.

(c)

Effective date

The amendments made by this section shall apply to individuals beginning participation in a military intern, residency, or fellowship training program on or after January 1, 2020.

553.

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

(a)

In general

Paragraph (2)(B) of section 1154(d) of title 10, United States Code, is amended—

(1)

by inserting (A)(iii), after A(i),;

(2)

by inserting transferred to the Retired Reserve, or after member is retired,; and

(3)

by striking separated, and inserting separated.

(b)

Conforming amendments

The second sentence of paragraph (3)(D) of such section is amended—

(1)

by inserting , the transfer of the member to the Retired Reserve, after retirement of the member; and

(2)

by inserting transfer, after after the retirement,.

554.

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

(a)

Prohibition

None of the funds authorized to be appropriated or otherwise made available for the Department of Defense may be obligated or expended for the purpose of the attendance of enlisted personnel at senior level and intermediate level officer professional military education courses.

(b)

Senior level and intermediate level officer professional military education courses defined

In this section, the term senior level and intermediate level officer professional military education courses means any course offered by a school specified in section 2151(b) of title 10, United States Code.

(c)

Repeal of superseded limitation

(1)

In general

Section 547 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) is repealed.

(2)

Preservation of certain reporting requirement

The repeal in paragraph (1) shall not be interpreted to terminate the requirement of the Comptroller General of the United States to submit the report required by subsection (c) of section 547 of the National Defense Authorization Act for Fiscal Year 2018.

555.

Repeal of program on encouragement of postseparation public and community service

(a)

Repeal

(1)

In general

Section 1143a of title 10, United States Code, is repealed.

(2)

Clerical amendment

The table of sections at the beginning of chapter 58 of such title is amended by striking the item relating to section 1143a.

(b)

Conforming amendments

Section 1144(b) of such title is amended—

(1)

by striking paragraph (8); and

(2)

by redesignating paragraphs (9), (10), and (11) as paragraphs (8), (9), and (10), respectively.

556.

Expansion of authority to assist members in obtaining professional credentials

Section 2015 of title 10, United States Code, is amended—

(1)

by redesignating subsections (b) through (e) as subsections (c) through (f), respectively; and

(2)

by inserting after subsection (a) the following new subsection (b):

(b)

Professional credentials not related to military training and skills

Under the program required by this section, the Secretary of Defense, and the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Navy, may enable members of the armed forces to obtain, while serving in the armed forces, professional credentials for which such members are other otherwise qualified that do not relate to military training and skills if such Secretary determines that such action is in the best interests of the United States.

.

557.

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

(a)

Flexibility in authorities for management of programs and units

(1)

In general

Chapter 102 of title 10, United States Code, is amended by adding at the end the following new section:

2034.

Flexibility in authorities for management of programs and units

(a)

Authority To convert otherwise closing units to National Defense Cadet Corps program units

If the Secretary of a military department is notified by a local educational agency of the intent of the agency to close its Junior Reserve Officers' Training Corps, the Secretary shall offer the agency the option of converting the unit to a National Defense Cadet Corps (NDCC) program unit in lieu of closing the unit.

(b)

Flexibility in administration of instructors

(1)

In general

The Secretaries of the military departments may, without regard to any other provision of this chapter, undertake initiatives designed to promote flexibility in the hiring and compensation of instructors for the Junior Reserve Officers' Training Corps program under the jurisdiction of such Secretaries.

(2)

Elements

The initiatives undertaken pursuant to this subsection may provide for one or more of the following:

(A)

Termination of the requirement for a waiver as a condition of the hiring of well-qualified non-commissioned officers with a bachelor’s degree for senior instructor positions within the Junior Reserve Officers' Training Corps.

(B)

Specification of a single instructor as the minimum number of instructors required to found and operate a Junior Reserve Officers' Training Corps unit.

(C)

Authority for Junior Reserve Officers' Training Corps instructors to undertake school duties, in addition to Junior Reserve Officers' Training Corps duties, at small schools.

(D)

Authority for the payment of instructor compensation for a limited number of Junior Reserve Officers' Training Corps instructors on a 10-month per year basis rather than a 12-month per year basis.

(E)

Such other actions as the Secretaries of the military departments consider appropriate.

(c)

Flexibility in allocation and use of travel funding

The Secretaries of the military departments shall take appropriate actions to provide so-called regional directors of the Junior Reserve Officers' Training Corps programs located at remote rural schools enhanced discretion in the allocation and use of funds for travel in connection with Junior Reserve Officers' Training Corps activities.

(d)

Standardization of program data

The Secretary of Defense shall take appropriate actions to standardize the data collected and maintained on the Junior Reserve Officers' Training Corps programs in order to facilitate and enhance the collection and analysis of such data. Such actions shall include a requirement for the use of the National Center for Education Statistics (NCES) identification code for each school with a unit under a Junior Reserve Officers' Training Corps program in order to facilitate identification of such schools and their units under the Junior Reserve Officers' Training Corps programs.

.

(2)

Clerical amendment

The table of sections at the beginning of chapter 102 of such title is amended by adding at the end the following new item:

2034. Flexibility in authorities for management of programs and units.

.

(b)

Authority for additional units

The Secretaries of the military departments may, using amounts authorized to be appropriated by this Act and available in the funding tables in sections 4301 and 4401 for purposes of the Junior Reserve Officers' Training Corps programs, establish an aggregate of not more than 100 units under the Junior Reserve Officers' Training Corps programs in low-income and rural areas of the United States and areas of the United States currently underserved by the Junior Reserve Officers' Training Corps programs.

F

Defense Dependents' Education and Military Family Readiness Matters

I

Defense Dependents' Education Matters

561.

Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees

(a)

Assistance to schools with significant numbers of military dependent students

Of the amount authorized to be appropriated for fiscal year 2019 by section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $40,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (a) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 20 U.S.C. 7703b).

(b)

Local educational agency defined

In this section, the term local educational agency has the meaning given that term in section 7013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).

562.

Impact aid for children with severe disabilities

(a)

In general

Of the amount authorized to be appropriated for fiscal year 2019 pursuant to section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $10,000,000 shall be available for payments under section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 114 Stat. 1654A–77; 20 U.S.C. 7703a).

(b)

Use of certain amount

Of the amount available under subsection (a) for payments as described in that subsection, $5,000,000 shall be available for such payments to local educational agencies determined by the Secretary of Defense, in the discretion of the Secretary, to have higher concentrations of military children with severe disabilities.

563.

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

(a)

Applicability of title IX protections

The provisions of title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) (in this section referred to as title IX) with respect to education programs or activities receiving Federal financial assistance shall apply equally to education programs and activities administered by the Department of Defense Education Activity (DODEA).

(b)

Policies and procedures

Not later than March 31, 2019, the Department of Defense Education Activity shall establish policies and procedures to protect students at schools of the Activity who are victims of sexual harassment. Such policies and procedures shall afford protections at least comparable to the protections afforded under title IX.

(c)

Elements

The policies and procedures required by subsection (b) shall include, at a minimum, the following:

(1)

A policy addressing sexual harassment of students at the schools of the Department of Defense Education Activity that uses and incorporates terms, procedures, protections, investigation standards, and standards of evidence consistent with title IX.

(2)

A procedure by which—

(A)

a student of a school of the Activity, or a parent of such a student, may file a complaint with the school alleging an incident of sexual harassment at the school; and

(B)

such a student or parent may appeal the decision of the school regarding such complaint.

(3)

A procedure and mechanisms for the appointment and training of, and allocation of responsibility to, a coordinator at each school of the Activity for sexual harassment matters involving students from the military community served by such school.

(4)

Training of employees of the Activity, and volunteers at schools of the Activity, on the policies and procedures.

(5)

Mechanisms for the broad distribution and display of the policy described in paragraph (1), including on the Internet website of the Activity and on Internet websites of schools of the Activity, in printed and online versions of student handbooks, and in brochures and flyers displayed on school bulletin boards and in guidance counselor offices.

(6)

Reporting and recordkeeping requirements designed to ensure that—

(A)

complaints of sexual harassment at schools of the Activity are handled—

(i)

with professionalism and consistency; and

(ii)

in a manner that permits coordinators referred to in paragraph (3) to track trends in incidents of sexual harassment and to identify repeat offenders of sexual harassment; and

(B)

appropriate members of the local leadership of military communities are held accountable for acting upon complaints of sexual harassment at schools of the Activity.

II

Military Family Readiness Matters

566.

Improvement of authority to conduct family support programs for immediate family members of the Armed Forces assigned to special operations forces

(a)

Costs of participation of family members in programs

Section 1788a of title 10, United States Code, is amended—

(1)

by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; and

(2)

by inserting after subsection (b) the following new subsection (c):

(c)

Costs of family member participation

In carrying out family support programs under this section, the Commander may also pay, or reimburse immediate family members, for transportation, food, lodging, child care, supplies, fees, and training materials in connection with the participation of family members in such programs.

.

(b)

Funding

Subsection (d) of such section, as redesignated by subsection (a)(1) of this section, is amended—

(1)

by striking up to $5,000,000 and inserting up to $10,000,000; and

(2)

by inserting before the period the following: , including payment of costs of participation in such programs as authorized by subsection (c).

(c)

Technical amendment

Paragraph (3) of subsection (f) of such section, as so redesignated, is amended by striking section 167(i) and inserting section 167(j).

567.

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

(a)

In general

Under regulations prescribed by the Secretary of Defense, the period of eligibility for the Military OneSource program of the Department of Defense of an eligible individual retired, discharged, or otherwise released from the Armed Forces, and for the eligible immediate family members of such an individual, shall be the one-year period beginning on the date of the retirement, discharge, or release, as applicable, of such individual.

(b)

Information to families

The Secretary shall, in such manner as the Secretary considers appropriate, inform military families and families of veterans of the Armed Forces of the wide range of benefits available through the Military OneSource program.

568.

Expansion of authority for noncompetitive appointments of military spouses by Federal agencies

(a)

Expansion To include all spouses of members of the Armed Forces on active duty

Section 3330d of title 5, United States Code, is amended—

(1)

in subsection (a)—

(A)

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

(B)

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

(2)

by striking subsections (b) and (c) and inserting the following new subsection (b):

(b)

Appointment authority

The head of an agency may appoint noncompetitively—

(1)

a spouse of a member of the Armed Forces on active duty; or

(2)

a spouse of a disabled or deceased member of the Armed Forces.

;

(3)

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

(4)

in subsection (c), as so redesignated, by striking subsection (a)(6) in paragraph (1) and inserting subsection (a)(3).

(b)

Heading amendment

The heading of such section is amended to read as follows:

3330d.

Appointment of military spouses

.

(c)

Clerical amendment

The table of sections at the beginning of chapter 33 of such title is amended by striking the item relating to section 3330d and inserting the following new item:

3330d. Appointment of military spouses.

.

569.

Improvement of My Career Advancement Account program for military spouses

(a)

Outreach on availability of program

(1)

In general

The Secretary of Defense shall take appropriate actions to ensure that military spouses who are eligible for participation in the My Career Advancement Account (MyCAA) program of the Department of Defense are, to the extent practicable, made aware of the program.

(2)

Comptroller General report

Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth such recommendations as the Comptroller General considers appropriate regarding the following:

(A)

Mechanisms to increase awareness of the My Career Advancement Account program among military spouses who are eligible to participate in the program.

(B)

Mechanisms to increase participation in the My Career Advancement Account program among military spouses who are eligible to participate in the program.

(b)

Training for installation career counselors on program

The Secretaries of the military departments shall take appropriate actions to ensure that career counselors at military installations receive appropriate training and current information on eligibility for and use of benefits under the My Career Advancement Account program, including financial assistance to cover costs associated with professional recertification, portability of occupational licenses, professional credential exams, and other mechanisms in connection with the portability of professional licenses.

570.

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

(a)

Procedures for access of surviving spouses required

The Secretary of Defense, acting jointly with the Secretary of Homeland Security, shall establish procedures by which an eligible surviving spouse may obtain unescorted access, as appropriate, to military installations in order to receive benefits to which the eligible surviving spouse may be entitled by law or policy.

(b)

Eligible surviving spouse

(1)

In general

In this section, the term eligible surviving spouse means an individual who—

(A)

is a surviving spouse of a member of the Armed Forces who dies while serving—

(i)

on active duty; or

(ii)

on such reserve duty as the Secretary of Defense and the Secretary of Homeland Security may jointly specify for purposes of this section; and

(B)

has guardianship of one or more dependent children of such member.

(2)

Status not effected by remarriage

An individual is an eligible surviving spouse for purposes of this section without regard to whether the individual remarries after the death of the member concerned.

(c)

Procedures for access of next of kin authorized

(1)

In general

The Secretary of Defense, acting jointly with the Secretary of Homeland Security, may establish procedures by which the next of kin of a deceased member of the Armed Forces, in addition to an eligible surviving spouse, may obtain access to military installations for such purposes and under such conditions as the Secretaries jointly consider appropriate.

(2)

Next of kin

If the Secretaries establish procedures pursuant to paragraph (1), the Secretaries shall jointly specify the individuals who shall constitute next of kin for purposes of such procedures.

(d)

Considerations

Any procedures established under this section shall—

(1)

be applied consistently across the Department of Defense and the Department of Homeland Security, including all components of the Departments;

(2)

minimize any administrative burden on a surviving spouse or dependent child, including through the elimination of any requirement for a surviving spouse to apply as a personal agent for continued access to military installations in accompaniment of a dependent child;

(3)

take into account measures required to ensure the security of military installations, including purpose and eligibility for access and renewal periodicity; and

(4)

take into account such other factors as the Secretary of Defense or the Secretary of Homeland Security considers appropriate.

(e)

Deadline

The procedures required by subsection (a) shall be established by the date that is not later than one year after the date of the enactment of this Act.

571.

Department of Defense Military Family Readiness Council matters

(a)

Member matters

(1)

Membership

Paragraph (1)(B) of subsection (b) of section 1781a of title 10, United States Code, is amended—

(A)

in clause (i), by striking a member of the armed force to be represented and inserting a member or civilian employee of the armed force to be represented; and

(B)

by striking clause (ii) and inserting the following new clause (ii):

(ii)

One representative, who shall be a member or civilian employee of the National Guard Bureau, to represent both the Army National Guard and the Air National Guard.

.

(2)

Terms

Paragraph (2) of such subsection is amended—

(A)

in subparagraph (A)—

(i)

in the first sentence, by striking clauses (i) and (iii) of; and

(ii)

by striking the second sentence; and

(B)

in subparagraph (B), by striking three years and inserting two years.

(b)

Duties

Subsection (d) of such section is amended—

(1)

in paragraph (2), by striking military family readiness by the Department of Defense and inserting military family readiness programs and activities of the Department of Defense; and

(2)

by adding at the end the following new paragraph:

(4)

To make recommendations to the Secretary of Defense to improve collaboration, awareness, and promotion of accurate and timely military family readiness information and support services by policy makers, service providers, and targeted beneficiaries.

.

(c)

Annual reports

Subsection (e) of such section is amended by striking February 1 and inserting July 1.

(d)

Effective date

(1)

In general

The amendments made by this section shall take effect on the date of the enactment of this Act.

(2)

Applicability of membership and term amendments

The amendments made by subsection (a) shall apply to members of the Department of Defense Military Family Readiness Council appointed after the date of the enactment of this Act.

572.

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

(a)

Multidisciplinary teams required

(1)

In general

Under regulations prescribed by each Secretary concerned, there shall be established and maintained for each military installation, except as provided in paragraph (2), one or more multidisciplinary teams on child abuse and other domestic violence for the purposes specified in subsection (b).

(2)

Single team for proximate installations

A single multidiscipinary team described in paragraph (1) may be established and maintained under this subsection for two or more military installations in proximity with one another if the Secretary concerned determines, in consultation with the Secretary of Defense, that a single team for such installations suffices to carry out the purposes of such teams under subsection (b) for such installations.

(b)

Purposes

The purposes of each multidisciplinary team maintained pursuant to subsection (a) shall be as follows:

(1)

To provide for the sharing of information among such team and other appropriate personnel on the installation or installations concerned regarding the progress of investigations into and resolutions of incidents of child abuse and other domestic violence involving members of the Armed Forces stationed at or otherwise assigned to the installation or installations.

(2)

To provide for and enhance collaborative efforts among such team and other appropriate personnel of the installation or installations regarding investigations into and resolutions of such incidents.

(3)

To enhance the social services available to military families at the installation or installations in connection with such incidents, including through the enhancement of cooperation among specialists and other personnel providing such services to such military families in connection with such incidents

(4)

To carry out such other duties regarding the response to child abuse and other domestic violence at the installation or installations as the Secretary concerned considers appropriate for such purposes.

(c)

Personnel

(1)

In general

Each multidisciplinary team maintained pursuant to subsection (a) shall be composed of the following:

(A)

One or more judge advocates.

(B)

Appropriate personnel of one or more military criminal investigation services.

(C)

Appropriate mental health professionals.

(D)

Appropriate medical personnel.

(E)

Family advocacy case workers.

(F)

Such other personnel as the Secretary or Secretaries concerned consider appropriate.

(2)

Expertise and training

Any individual assigned to a multidisciplinary team shall possess such expertise, and shall undertake such training as is required to maintain such expertise, as the Secretary concerned shall specify for purposes of this section in order to ensure that members of the team remain appropriately qualified to carry out the purposes of the team under this section. The training and expertise so specified shall include training and expertise on special victims' crimes, including child abuse and other domestic violence.

(d)

Coordination and collaboration with non-military resources

(1)

Use of community resources serving installations

In providing under this section for a multidisciplinary team for a military installation or installations that benefit from services or resources on child abuse or other domestic violence that are provided by civilian entities in the vicinity of the installation or installations, the Secretary concerned may take the availability of such services or resources to the installation or installations into account in providing for the composition and duties of the team.

(2)

Best practices

The Secretaries concerned shall take appropriate actions to ensure that multidisciplinary teams maintained pursuant to subsection (a) remain fully and currently apprised of best practices in the civilian sector on investigations into and resolutions of incidents of child abuse and other domestic violence and on the social services provided in connection with such incidents.

(3)

Collaboration

In providing for the enhancement of social services available to military families in accordance with subsection (b)(3), the Secretaries concerned shall permit, facilitate, and encourage multidisciplinary teams to collaborate with appropriate civilian agencies in the vicinity of the military installations concerned with regard to availability, provision, and use of such services to and by such families.

(e)

Annual reports

Not later than March 1 of each of 2020 through 2022, each Secretary concerned shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the activities of multidisciplinary teams maintained pursuant to subsection (a) under the jurisdiction of such Secretary during the preceding year. Each report shall set forth, for the period covered by such report, the following:

(1)

A summary description of the activities of the multidisciplinary teams concerned, including the number and composition of such teams, the recurring activities of such teams, and any notable achievements of such teams.

(2)

A description of any impediments to the effectiveness of such teams.

(3)

Such recommendations for legislative or administrative action as such Secretary considers appropriate in order to improve the effectiveness of such teams.

(4)

Such other matters with respect to such teams as such Secretary considers appropriate.

(f)

Secretary concerned

(1)

Definition

In this section, the term Secretary concerned has the meaning given that term in section 101(a)(9) of title 10, United States Code.

(2)

Usage with respect to multiple installations

For purposes of this section, any reference to Secretary concerned with respect to a single multidisciplinary team established and maintained pursuant to subsection (a) for two or more military installations that are under the jurisdiction of different Secretaries concerned, shall be deemed to refer to each Secretary concerned who has jurisdiction of such an installation, acting jointly.

573.

Provisional or interim clearances to provide childcare services at military childcare centers

(a)

In general

The Secretary of Defense shall implement a policy to permit the issuance on a provisional or interim basis of clearances for the provision of childcare services at military childcare centers.

(b)

Elements

The policy required by subsection (a) shall provide for the following:

(1)

Any clearance issued under the policy shall be temporary and contingent upon the satisfaction of such requirements for the issuance of a clearance on a permanent basis as the Secretary considers appropriate.

(2)

Any individual issued a clearance on a provisional or interim basis under the policy shall be subject to such supervision in the provision of childcare services using such clearance as the Secretary considers appropriate.

(c)

Clearance defined

In this section, the term clearance, with respect to an individual and the provision of childcare services, means the formal approval of the individual, after appropriate background checks and other review, to provide childcare services to children at a military childcare center of the Department of Defense.

574.

Pilot program on prevention of child abuse and training on safe childcare practices among military families

(a)

Pilot program

(1)

In general

The Secretary of Defense shall, acting through the Defense Health Agency, carry out a pilot program on universal home visits for purposes of providing eligible covered beneficiaries and their families training on safe childcare practices aimed at reducing child abuse and fatalities due to abuse and neglect, assessments of risk factors for child abuse, and connections with community resources to meet identified needs.

(2)

Scope

The pilot program shall be designed to facilitate connections between covered beneficiaries and their families and community resources (including existing resources provided by the Armed Forces). The pilot program, including the practices covered by training pursuant to the pilot program, shall conform to evidence-based scientific criteria, including criteria available through publications in peer-reviewed scientific journals.

(3)

Elements

The pilot program shall include the following:

(A)

Between one and three home visits, and not more than seven other contacts, except in unusual cases (such as deployments), with such home visits by a team led by a nurse, whenever practicable, to provide screening, community resource referral, and training to eligible covered beneficiaries and their families on the following:

(i)

General maternal and infant health.

(ii)

Safe sleeping environments.

(iii)

Feeding and bathing.

(iv)

Adequate supervision.

(v)

Common hazards.

(vi)

Self-care.

(vii)

Recognition of post-partum depression, substance abuse, and domestic violence in a mother or her partner and community violence.

(viii)

Skills for management of infant crying.

(ix)

Other positive parenting skills and practices.

(x)

The importance of participating in ongoing healthcare for an infant and in ongoing healthcare for post-partum depression.

(xi)

Finding, qualifying for, and participating in available community resources with respect to infant care, childcare, and parenting support.

(xii)

Planning for parenting or guardianship of children during deployment.

(xiii)

Such other matters as the Secretary considers appropriate.

(B)

If a parent is deployed at the time of birth—

(i)

the first home visit pursuant to subparagraph (A) shall, to the extent practicable, incorporate both parents, in person with the local parent and by electronic means (such as Skype or FaceTime) with the deployed parent; and

(ii)

another such home visit shall be conducted upon the return of the parent from deployment, and shall include both parents.

(C)

An electronic directory of community resources available to eligible covered beneficiaries and their families in order to assist teams described in subparagraph (A) in connecting beneficiaries and families with such resources.

(D)

An electronic integrated data system to—

(i)

support teams in referring beneficiaries to the services and resources to be offered under subsection (c)(3) and track beneficiary usage;

(ii)

track interactions between teams described in subparagraph (A) and eligible beneficiaries and their families; and

(iii)

otherwise evaluate the implementation and effectiveness of the pilot program.

(b)

Mandatory participation

(1)

In general

Except as provided in paragraph (2), the Secretary shall require all eligible covered beneficiaries at each installation at which the pilot program is being conducted to be contacted by the pilot program under this section.

(2)

Exception

The Secretary shall encourage participation by both parents of a child in the pilot program, but participation by one parent shall be sufficient to meet the requirement under paragraph (1).

(c)

Available services and resources

(1)

In general

In carrying out the pilot program under this section, the Secretary shall offer services and resources to an eligible covered beneficiary based on the particular needs of the beneficiary and the beneficiary's family.

(2)

Voluntary participation

Participation by an eligible covered beneficiary and family in any service or resource offered under paragraph (1) shall be at the election of the beneficiary.

(3)

Assessment of eligible covered beneficiaries

(A)

In general

In carrying out the pilot program, the Secretary shall conduct, or attempt to conduct, an assessment of every eligible covered beneficiary and beneficiary family participating in the pilot program, regardless of risk factors, to determine which services and resources to offer such beneficiary and family under paragraph (1).

(B)

Particular needs

In conducting an assessment of an eligible covered beneficiary and family under subparagraph (A), the Secretary shall assess their needs and eligibility for particular services and resources and connect the beneficiary and family to services and resources for which they have a need and are eligible, either within the Department of Defense or elsewhere.

(d)

Involvement of medical staff

(1)

In general

The Secretary shall ensure that the pilot program under this section is conducted by licensed medical staff of the Department of Defense and not family advocacy staff.

(2)

Home visits

(A)

In general

The Secretary shall ensure that the pilot program includes the following:

(i)

An initial contact made prenatally (except when not possible, in which case the contact shall occur as soon after birth as possible) by a team described in subsection (a)(3)(A), which shall include screening for the matters specified in that subsection.

(ii)

Home visits by a nurse or other licensed medical professional trained in the practices covered by the program at the birth of a child, which visits shall follow a research-based structured clinical protocol and include use of the electronic integrated data described in subsection (a)(3)(D).

(B)

Timing of visits

The first visits under subparagraph (A)(ii) shall occur between two and five weeks after hospital discharge with appropriate follow-up generally accomplished within two home visits.

(C)

Duration of visits

Visits under this paragraph shall have a duration between 90 minutes and 2 hours.

(D)

Final visit

Not later than 45 days after the last visit conducted by a nurse under subparagraph (A)(ii) with respect to an eligible covered beneficiary, appropriate staff shall follow-up with the beneficiary and the beneficiary's family to assess if they are using the services recommended under subsection (c).

(e)

Implementation assessments

(1)

In general

The Secretary shall carry out not fewer than five implementation assessments in accordance with this subsection in order to assess the effectiveness of the elements and requirements of the pilot program.

(2)

Schedule

The implementation assessment required by this subsection shall be completed by not later than two years after the date of the enactment of this Act.

(3)

Locations

The implementation assessments shall be carried out at not less than five military installations selected by the Secretary for purposes of this subsection. In selecting such installations, the Secretary shall select installations representing a range of circumstances, including installations in an urban location and a rural location, installations with a large population and with a small population, installations currently experiencing high incidence of child abuse, neglect, or both and low incidence of child abuse, neglect, or both, installations with a hospital or clinic and without a hospital or clinic, joint installations, and installations serving only one Armed Force.

(4)

Assessment

In carrying out the implementation assessments, the Secretary shall seek to obtain an assessment of each of the following:

(A)

The ability of nurses or other licensed medical professionals to contact families eligible for participation in the pilot program.

(B)

The extent to which families eligible for participation in the program actually participate in the pilot program.

(C)

The ability of medical personnel to adhere to the clinical protocols of the pilot program.

(D)

The extent to which families participating in the pilot program are being connected to services and resources under the pilot program.

(E)

The extent to which families participating in the pilot program are using services and resources under the pilot program.

(f)

Reports

(1)

Initial report

Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the pilot program to be carried out pursuant to this section. The report shall include a comprehensive description of each implementation assessment to be carried out pursuant to subsection (e), including—

(A)

the installation at which such implementation assessment is being carried out;

(B)

a justification for the selection of such installation for purposes of subsection (e); and

(C)

the elements and requirements of the pilot program being carried out through such implementation assessment, including strategy and metrics for evaluating effectiveness.

(2)

Final report

Not later than 180 days after the completion of the pilot program, the Secretary shall submit to the committees specified in paragraph (1) a report on the pilot program. The report shall include the following:

(A)

A comprehensive description and assessment of each of the implementation assessments under subsection (e).

(B)

A comprehensive description and assessment of the pilot program.

(C)

Such recommendations for legislative or administrative action as the Secretary considers appropriate in light of pilot program, including recommendations for modifications of the pilot program or extension of the pilot program on an permanent basis at additional locations.

(g)

Implementation Defense-wide

If the Secretary determines as a result of the pilot program that any element of the pilot program is effective, the Secretary shall take appropriate actions to implement the pilot program as a program throughout and across the military installations of the Department.

(h)

Definitions

In this section:

(1)

The term community, with respect to a military installation, means the catchment area for community services of the installation, including services provided on the installation and services provided by State, county, and local jurisdictions in which the installation is located or in the vicinity of the installation.

(2)

The term eligible covered beneficiary means a covered beneficiary (as that term is defined in section 1072 of title 10, United States Code) who obtains pre-natal and obstetrical care in a military medical treatment facility in connection with a birth covered by the pilot program.

575.

Pilot program on participation of military spouses in Transition Assistance Program activities

(a)

Pilot program required

The Secretary of Defense shall carry out a pilot program to assess the feasability and advisability of permitting military spouses to participate in activities under the Transition Assistance Program (TAP) under section 1144 of title 10, United States Code, on military installations.

(b)

Locations

The Secretary shall carry out the pilot program at not fewer than five military installations selected by the Secretary for purposes of the pilot program.

(c)

Duration

The Secretary shall carry out the pilot program during the five-year period beginning on the date of the enactment of this Act.

(d)

Participation

(1)

In general

Under the pilot program, the spouse of a member of the Armed Forces assigned to a military installation at which the pilot program is carried out who is participating in activities under the Transition Assistance Program may participate in such activities under the Program as the spouse considers appropriate, regardless of whether the member is also participating in such activities at the time of the spouse's participation.

(2)

Adequate facilities

The Secretary shall ensure that the facilities for the carrying out of activities under the Transition Assistance Program at each installation at which the pilot program is carried out are adequate to permit the participation in such activities of any spouse of a member of the Armed Forces at the installation who seeks to participate in such activities.

(e)

Reports

(1)

Initial report

Not later than six months after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the pilot program, including a comprehensive description of the pilot program.

(2)

Final report

Not later than six months after the completion of the pilot program, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the pilot program. The report shall include the following:

(A)

A comprehensive description of the pilot program, including the installations at which the pilot program was carried out and the rates of participation of military spouses in activities under the Transition Assistance Program pursuant to the pilot program.

(B)

Such recommendations for extension or expansion of the pilot program, including making the pilot program permanent, as the Secretary considers appropriate in light of the pilot program.

576.

Small business activities of military spouses on military installations in the United States

(a)

Assessment of small business activities

The Secretary of Defense shall submit to Congress a report setting forth an assessment of the feasibility and advisability of permitting military spouses to engage in small business activities on military installations in the United States and in partnership with commissaries, exchange stores, and other morale, welfare, and recreation facilities of the Armed Forces in the United States.

(b)

Elements

The assessment shall—

(1)

take into account the usage by military spouses of installation facilities, utilities, and other resources in the conduct of small business activities on military installations in the United States and such other matters in connection with the conduct of such business activities by military spouses as the Secretary considers appropriate; and

(2)

seek to identify mechanisms to ensure that costs and fees associated with the usage by military spouses of such facilities, utilities, and other resources in connection with such business activities does not meaningfully curtail or eliminate the opportunity for military spouses to profit reasonably from such business activities.

G

Decorations and Awards

581.

Authorization for award of the Distinguished Service Cross for Justin T. Gallegos for acts of valor during Operation Enduring Freedom

(a)

Authorization

Notwithstanding the time limitations specified in section 3744 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the Secretary of the Army may award the Distinguished Service Cross under section 3742 of such title to Justin T. Gallegos for the acts of valor during Operation Enduring Freedom described in subsection (b).

(b)

Action described

The acts of valor referred to in subsection (a) are the actions of Justin T. Gallegos on October 3, 2009, while serving in the grade of Staff Sergeant in Afghanistan while serving with B Troop, 3d Squadron, 61st Cavalry Regiment, 4th Brigade Combat Team, 4th Infantry Division.

582.

Award of medals or other commendations to handlers of military working dogs

(a)

Program of award required

Each Secretary of a military department shall carry out a program to provide for the award of one or more medals or other commendations to handlers of military working dogs under the jurisdiction of such Secretary to recognize valor or meritorious achievement by such handlers and dogs.

(b)

Medals and commendations

Any medal or commendation awarded pursuant to a program under subsection (a) shall be of such design, and include such elements, as the Secretary of the military department concerned shall specify.

(c)

Presentation and acceptance

Any medal or commendation awarded pursuant to a program under subsection (a) may be presented to and accepted by the handler concerned on behalf of the handler and the military working dog concerned.

(d)

Regulations

Medals and commendations shall be awarded under programs under subsection (a) in accordance with regulations prescribed by the Secretary of Defense for purposes of this section.

H

Other Matters

591.

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

(a)

In general

Chapter 152 of title 10, United States Code, is amended by adding at the end the following new section:

2568a.

Damaged personal protective equipment: award to members separating from the armed forces and veterans

The Secretary of a military department may award to a member of the armed forces under the jurisdiction of the Secretary who is separating from the armed forces, and to any veteran formerly under the jurisdiction of the Secretary, demilitarizied personal protective equipment (PPE) of the member or veteran that was damaged in combat or otherwise during the deployment of the member or veteran. The award of equipment under this section shall be without cost to the member or veteran concerned.

.

(b)

Clerical amendment

The table of sections at the beginning of chapter 152 of such title is amended by adding at the end the following new item:

2568a. Damaged personal protective equipment: award to members separating from the armed forces and veterans.

.

592.

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

Section 9355 of title 10, United States Code, is amended by striking subsection (d) and inserting the following new subsection:

(d)

The Board shall visit the Academy annually. With the approval of the Secretar