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

The text of the bill below is as of May 15, 2018 (Reported by House Committee).


IB

Union Calendar No. 521

115th CONGRESS

2d Session

H. R. 5515

[Report No. 115–676]

IN THE HOUSE OF REPRESENTATIVES

April 13, 2018

(for himself and Mr. Smith of Washington) (both by request) introduced the following bill; which was referred to the Committee on Armed Services

May 15, 2018

Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

Strike out all after the enacting clause and insert the part printed in italic

For text of introduced bill, see copy of bill as introduced on April 13, 2018


A BILL

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


1.

Short title

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

2.

Organization of Act into divisions; table of contents

(a)

Divisions

This Act is organized into four divisions as follows:

(1)

Division A—Department of Defense Authorizations.

(2)

Division B—Military Construction Authorizations.

(3)

Division C—Department of Energy National Security Authorizations and Other Authorizations.

(4)

Division D—Funding Tables.

(b)

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title.

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

Sec. 3. Congressional defense committees.

Division A—DEPARTMENT OF DEFENSE AUTHORIZATIONS

Title I—PROCUREMENT

Subtitle A—Authorization Of Appropriations

Sec. 101. Authorization of appropriations.

Subtitle B—Army Programs

Sec. 111. National Guard and reserve component equipment report.

Sec. 112. Limitation on availability of funds for M27 Infantry Automatic Rifle program.

Subtitle C—Navy Programs

Sec. 121. Increase in number of operational aircraft carriers of the Navy.

Sec. 122. Procurement authority for Ford class aircraft carrier program.

Sec. 123. Full ship shock trial for Ford class aircraft carrier.

Sec. 124. Multiyear procurement authority for amphibious vessels.

Sec. 125. Multiyear procurement authority for standard missile–6.

Sec. 126. Multiyear procurement authority for E–2D aircraft.

Sec. 127. Multiyear procurement authority for F/A–18E/F aircraft and EA–18G aircraft.

Sec. 128. Modifications to F/A–18 aircraft to mitigate physiological episodes.

Sec. 129. Frigate class ship program.

Sec. 130. Limitation on procurement of economic order quantities for Virginia class submarine program.

Sec. 131. Limitation on use of funds for DDG–51 destroyers.

Subtitle D—Air Force Programs

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

Sec. 142. Limitation on use of funds for KC-46A aircraft pending submittal of certification.

Sec. 143. Retirement date for VC–25A aircraft.

Sec. 144. Contract for logistics support for VC–25B aircraft.

Sec. 145. Multiyear procurement authority for C–130J aircraft.

Sec. 146. Removal of waiting period for limitation on availability of funds for EC–130H Compass Call recapitalization program.

Sec. 147. Findings and sense of Congress regarding KC–46 aerial refueling tankers.

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

Sec. 151. Buy-to-budget acquisition of F–35 aircraft.

Sec. 152. Certification on inclusion of technology to minimize physiological episodes in certain aircraft.

Title II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Subtitle A—Authorization Of Appropriations

Sec. 201. Authorization of appropriations.

Subtitle B—Program Requirements, Restrictions, and Limitations

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

Sec. 212. Extension of directed energy prototype authority.

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

Sec. 214. Limitation pending certification on the Joint Surveillance Target Attack Radar System recapitalization program.

Sec. 215. Limitation on availability of funds for F–35 continuous capability development and delivery.

Sec. 216. Limitation on availability of funds pending report on Agile Software Development and Software Operations.

Sec. 217. Limitation on availability of funds for certain high energy laser advanced technology.

Sec. 218. Plan for elimination or transfer of the Strategic Capabilities Office of the Department of Defense.

Sec. 219. National Security Science And Technology Strategy.

Sec. 220. Modification of CVN–73 to support fielding of MQ–25 unmanned aerial vehicle.

Subtitle C—Reports and Other Matters

Sec. 221. Report on survivability of air defense artillery.

Sec. 222. Report on T–45 aircraft physiological episode mitigation actions.

Sec. 223. Report on efforts of the Air Force to mitigate physiological episodes affecting aircraft crewmembers.

Sec. 224. Briefing on use of quantum sciences for military applications and other purposes.

Sec. 225. Report on Defense Innovation Unit Experimental.

Title III—Operation and Maintenance

Subtitle A—Authorization of Appropriations

Sec. 301. Authorization of appropriations.

Subtitle B—Energy and Environment

Sec. 311. Inclusion of consideration of energy and climate resiliency efforts in master plans for major military installations.

Sec. 312. Use of proceeds from sales of electrical energy derived from geothermal resources for projects at military installations where resources are located.

Sec. 313. Extension of authorized periods of permitted incidental takings of marine mammals in the course of specified activities by Department of Defense.

Sec. 314. State management and conservation of species.

Subtitle C—Logistics and Sustainment

Sec. 321. Examination of naval vessels.

Sec. 322. Overhaul and repair of naval vessels in foreign shipyards.

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

Sec. 324. Temporary modification of workload carryover formula.

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

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

Sec. 327. Army advanced and additive manufacturing center of excellence.

Subtitle D—Reports

Sec. 331. Matters for inclusion in quarterly reports on personnel and unit readiness.

Sec. 332. Annual Comptroller General reviews of readiness of Armed Forces to conduct full spectrum operations.

Sec. 333. Surface warfare training improvement.

Sec. 334. Report on optimizing surface Navy vessel inspections and crew certifications.

Subtitle E—Other Matters

Sec. 341. Coast Guard representation on explosive safety board.

Sec. 342. Shiloh National Military Park boundary adjustment and Parker's Crossroads Battlefield designation.

Sec. 343. Sense of Congress regarding critical minerals.

Title IV—Military Personnel Authorizations

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.

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

Subtitle B—Reserve Forces

Sec. 411 . End strengths for Selected Reserve.

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

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

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

Subtitle C—Authorization of Appropriations

Sec. 421 . Military personnel.

Title V—Military Personnel Policy

Subtitle A—Regular Component Management

Sec. 501. Expansion of authority to award constructive service credit for advanced education, experience, or training, upon original appointment as a commissioned officer.

Sec. 502. Surface warfare officers career paths.

Sec. 503. Authority of selection boards to recommend officers of particular merit be placed at the top of the promotion list.

Sec. 504. Deferred deployment for members who give birth.

Sec. 505. Codification of lowered grade for retired officers or persons who committed misconduct in a lower grade.

Sec. 506. Retention of military technicians who lose dual status under certain circumstances.

Subtitle B—Reserve Component Management

Sec. 511. Placement of National Guard military technicians (dual status) in the competitive service.

Sec. 512. Authorized strength and distribution in grade.

Sec. 513. National Guard Promotion Accountability.

Sec. 514. Extension of authority for pilot program on use of retired senior enlisted members of the Army National Guard as Army National Guard recruiters.

Subtitle C—General Service Authorities and Correction of Military Records

Sec. 521. Enlistments vital to the national interest.

Sec. 522. Statement of benefits.

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

Sec. 524. Correction of military records website.

Sec. 525. Modification of DD Form 214 to include email addresses.

Sec. 526. Public availability of reports related to senior leader misconduct.

Sec. 527. Appointment and training of personnel to staff the board of corrections for military and naval records.

Subtitle D—Military Justice

Sec. 531. Minimum confinement period required for conviction of certain sex-related offenses committed by members of the Armed Forces.

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

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

Sec. 534. Modification of Military Rules of Evidence to exclude admissibility of general military character toward probability of innocence in any offense not strictly related to performance of military duties.

Sec. 535. Improved crime reporting.

Sec. 536. Oversight of registered sex offender management program.

Subtitle E—Other Legal Matters

Sec. 541. Security clearance reinvestigation of certain personnel who commit certain offenses.

Sec. 542. Consideration of application for transfer for a student of a military service academy who is the victim of a sexual assault or related offense.

Sec. 543. Standardization of policies related to expedited transfer in cases of sexual assault.

Sec. 544. Development of oversight plan for implementation of Department of Defense harassment prevention and response policy.

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

Sec. 546. Report on victims in MCIO reports.

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

Sec. 551. Permanent career intermission program.

Sec. 552. Improvements to Transition Assistance Program.

Sec. 553. Employment and compensation of civilian faculty members at the Joint Special Operations University.

Sec. 554. Program to assist members of the Armed Forces in obtaining professional credentials.

Sec. 555. Extension of pilot program to assist members in obtaining post-service employment.

Sec. 556. Direct employment pilot program for members of the reserve components and veterans.

Sec. 557. Extended duration of availability of Military OneSource Program services for members of the Armed Forces upon their separation or retirement.

Sec. 558. Comptroller General briefing and report on permanent employment assistance centers.

Sec. 559. Activities to increase awareness of apprenticeship programs.

Subtitle G—Defense Dependents’ Education and Military Family Readiness Matters

Sec. 561. Enhancement and clarification of family support services for family members of members of special operations forces.

Sec. 562. Additional matters for assessment and report on childcare services of the Department of Defense.

Sec. 563. Continued assistance to schools with significant numbers of military dependent students.

Sec. 564. Department of Defense Education Activity misconduct database.

Sec. 565. Report on assessment of frequency of permanent changes of station of members of the Armed Forces on employment among military spouses.

Subtitle H—Decorations and Awards

Sec. 571. Limitations on authority to revoke certain military decorations awarded to members of the Armed Forces.

Sec. 572. Authorization for award of Expeditionary Medal to certain Marines for actions on June 8, 1995.

Subtitle I—Miscellaneous Reports and Other Matters

Sec. 581. Public availability of top-line numbers of deployed members of the Armed Forces.

Sec. 582. Criteria for interment at Arlington National Cemetery.

Sec. 583. Report on general and flag officer costs.

Sec. 584. Report on outside employment of senior personnel.

Sec. 585. Limitation on use of funds pending submittal of report on Army Marketing and Advertising Program.

Title VI—Compensation and Other Personnel Benefits

Subtitle A—Pay and Allowances

Sec. 601 . Prompt review of request for imminent danger pay.

Sec. 602 . Application of basic allowance for housing to members of the uniformed services in the Virgin Islands.

Sec. 603 . Mandatory increase in insurance coverage under Servicemembers’ Group Life Insurance for members deployed to combat theaters of operation.

Sec. 604 . Military Housing Privatization Initiative.

Sec. 605 . Per diem allowance policies.

Subtitle B—Bonuses and Special Incentive Pays

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

Subtitle C—Other Matters

Sec. 621 . Expansions of installation benefits to surviving spouses, dependent children, and other next of kin.

Sec. 622 . Transportation on military aircraft on a space-available basis for disabled veterans with a service-connected, permanent disability rated as total.

Sec. 623 . Extension of parking expenses allowance to civilian employees at recruiting facilities.

Sec. 624 . Advisory boards regarding military commissaries and exchanges.

Sec. 625 . Study and report on development of a single defense resale system.

Title VII—Health Care Provisions

Subtitle A—TRICARE and Other Health Care Benefits

Sec. 701. TRICARE Medicare Advantage demonstration program.

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

Sec. 703. Pilot program on cryopreservation and storage.

Subtitle B—Health Care Administration

Sec. 711. Transition of administration by Defense Health Agency of military medical treatment facilities.

Sec. 712. Sharing information with State prescription drug monitoring programs.

Sec. 713. Improvement to notification to Congress of hospitalization of combat-wounded members of the Armed Forces.

Sec. 714. Improvements to trauma center partnerships.

Sec. 715. Wounded warrior policy review.

Sec. 716. Joint force medical capabilities development and standardization.

Subtitle C—Reports and other Matters

Sec. 721. Establishment of TriService Dental Research Program.

Sec. 722. Increasing the number of appointed directors of the Henry M. Jackson Foundation for the Advancement of Military Medicine.

Sec. 723. Extension of authority for joint Department of Defense- Department of Veterans Affairs medical facility demonstration fund.

Sec. 724. Inclusion of gambling disorder in health assessments and related research efforts of the Department of Defense.

Sec. 725. Medical simulation technology and live tissue training within the Department of Defense.

Sec. 726. Limitation on changes to Federal Emergency Services certification levels of the Air Force.

Sec. 727. Strategic medical research plan.

Sec. 728. Independent evaluation of mental health care.

Sec. 729. Study on reimbursement rates for mental health care providers under TRICARE Prime and TRICARE Select in the East and West regions of the TRICARE program.

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

Subtitle A—Streamlining of defense acquisition statutes and regulations

Sec. 800. Effective dates; coordination of amendments.

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

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

Part II—Redesignation of sections and chapters of subtitles B, C, and D to provide room for new part V of subtitle A

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

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

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

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

Part III—Repeals of Certain Provisions of Defense Acquisition Law

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

Sec. 812. Repeal of certain defense acquisition laws.

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

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

Sec. 821. Contract goal for the AbilityOne program.

Sec. 822. Increased micro-purchase threshold applicable to Department of Defense procurements.

Sec. 823. Preference for offerors employing veterans.

Sec. 824. Revision of requirement to submit information on services contracts to Congress.

Sec. 825. Data collection and inventory for services contracts.

Sec. 826. Competition requirements for purchases from Federal Prison Industries.

Sec. 827. Requirement for a fair and reasonable price for technical data before development or production of major weapon systems.

Sec. 828. Revisions in authority relating to program cost targets and fielding targets for major defense acquisition programs.

Sec. 829. Revision of timeline for use of the rapid fielding pathway for acquisition programs.

Sec. 830. Clarification of services contracting definitions.

Subtitle C—Provisions Relating to Commercial Items

Sec. 831. Revision of definition of commercial item for purposes of Federal acquisition statutes.

Sec. 832. Definition of subcontract.

Sec. 833. Limitation on applicability to Department of Defense commercial contracts of certain provisions of law and certain executive orders and regulations.

Sec. 834. Modifications to procurement through commercial e-commerce portals.

Subtitle D—Industrial Base Matters

Sec. 841. Requirement that certain ship components be manufactured in the national technology and industrial base.

Sec. 842. Report on domestic sourcing of specific components for all Naval vessels.

Sec. 843. Removal of national interest determination requirements for certain entities.

Sec. 844. Pilot program to test machine-vision technologies to determine the authenticity and security of microelectronic parts in weapon systems.

Subtitle E—Small Business Matters

Sec. 851. Department of Defense small business strategy.

Sec. 852. Prompt payments of small business contractors.

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

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

Sec. 855. Construction contract administration.

Sec. 856. Broadband and emerging information technology coordinator.

Sec. 857. Amendments to the Small Business Investment Act of 1958.

Sec. 858. Consolidated budget justification for the Department of Defense Small Business Innovation Research Program and Small Business Technology Transfer Program.

Sec. 859. Funding for procurement technical assistance program.

Sec. 860. Exemption of certain contracts from the periodic inflation adjustments to the acquisition-related dollar threshold.

Subtitle F—Other Matters

Sec. 871. Additional requirements for negotiations for noncommercial computer software.

Sec. 872. Removal of requirement for risk and sensitivity analysis of baseline estimates in Selected Acquisition Reports.

Sec. 873. Prohibition on acquisition of sensitive materials from non-allied foreign nations.

Sec. 874. Transfer or possession of defense items for national defense purposes.

Sec. 875. Expedited hiring authority for shortage category positions in the acquisition workforce.

Sec. 876. Extension of prohibition on providing funds to the enemy.

Sec. 877. Repeal of certain determinations required for grants of exceptions to cost or pricing data certification requirements and waivers of cost accounting standards.

Sec. 878. Reporting on projects performed through transactions other than contracts, cooperative agreements, and grants.

Sec. 879. Standardization of formatting and public accessibility of Department of Defense reports to Congress.

Sec. 880. Defending United States Government communications.

Title IX—Department of Defense Organization and Management

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

Sec. 901. Authority of Secretary of Defense to determine command and control relationships.

Sec. 902. Civilian personnel management.

Sec. 903. Performance of civilian functions by military personnel.

Sec. 904. Roles of Under Secretary of Defense for Policy and Under Secretary of Defense for Intelligence.

Sec. 905. Designation of Navy commanders.

Subtitle B—Comprehensive Pentagon Bureaucracy Reform and Reduction

Sec. 911. Authorities and responsibilities of the Chief Management Officer of the Department of Defense.

Sec. 912. Authorities and responsibilities of the Inspector General of the Department of Defense.

Sec. 913. Transition of certain Defense Agencies and Department of Defense Field Activities.

Sec. 914. Actions to increase the efficiency and transparency of the Defense Logistics Agency.

Sec. 915. Review of functions of Defense Contract Audit Agency and Defense Contract Management Agency.

Sec. 916. Streamlining of Defense Finance and Accounting Services.

Sec. 917. Reduction in number of Chief Information Officers in the Senior Executive Service.

Sec. 918. General provisions.

Subtitle C—Other Matters

Sec. 921. Artificial Intelligence and Machine Learning Policy and Oversight Council.

Sec. 922. Limitation on transfer of the Chemical, Biological, and Radiological Defense Division of the Navy.

Title X—General Provisions

Subtitle A—Financial Matters

Sec. 1001. General transfer authority.

Sec. 1002. Expertise in audit remediation.

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

Sec. 1004. Independent public accountant audit of financial systems of the Department of Defense.

Subtitle B—Counterdrug Activities

Sec. 1011. Department of Defense support for combating opioid trafficking and abuse.

Subtitle C—Naval Vessels and Shipyards

Sec. 1021. Inclusion of operation and sustainment costs in annual naval vessel construction plans.

Sec. 1022. Purchase of vessels using funds in National Defense Sealift Fund.

Sec. 1023. Purchase of vessels built in foreign shipyards with funds in National Defense Sealift Fund.

Sec. 1024. Technical corrections and clarifications to chapter 633 of title 10, United States Code, and other provisions of law regarding naval vessels.

Sec. 1025. Retention of Navy hospital ship capability.

Subtitle D—Counterterrorism

Sec. 1031. Definition of sensitive military operation.

Sec. 1032. 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. 1033. 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. 1034. Prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to certain countries.

Subtitle E—Miscellaneous Authorities and Limitations

Sec. 1041. Notification on the provision of defense sensitive support.

Sec. 1042. Coordinating United States response to malign foreign influence operations and campaigns.

Sec. 1043. Workforce issues for military realignments in the Pacific.

Sec. 1044. Mitigation of operational risks posed to certain military aircraft by automatic dependent surveillance-broadcast equipment.

Sec. 1045. Limitation on availability of funds for unmanned surface vehicles.

Sec. 1046. Program for Department of Defense controlled unclassified information in the hands of industry.

Sec. 1047. Protection of emerging and foundational technologies.

Subtitle F—Studies and Reports

Sec. 1051. Additional matter for inclusion in annual report on civilian casualties in connection with United States military operations.

Sec. 1052. Department of Defense Review and Assessment on Advances in Artificial Intelligence and Machine Learning.

Sec. 1053. Report on Joint Enterprise Defense Infrastructure.

Sec. 1054. Report on proposed consolidation of Department of Defense global messaging and counter messaging capabilities.

Sec. 1055. Comprehensive review of professionalism and ethics programs for special operations forces.

Sec. 1056. Munitions assessments and future-years defense program requirements.

Sec. 1057. Report on establishment of Army Futures Command.

Sec. 1058. Assessment of Department of Defense electromagnetic spectrum warfare enterprise.

Sec. 1059. Report on support for non-contiguous States and territories in the event of threats and incidents.

Sec. 1060. Report on low-boom flight demonstration.

Sec. 1061. Report on cyber-enabled information operations.

Subtitle G—Other Matters

Sec. 1071. Technical, conforming, and clerical amendments.

Sec. 1072. Principal Advisor on Countering Weapons of Mass Destruction.

Sec. 1073. Receipt of firearm or ammunition.

Sec. 1074. Federal charter for Spirit of America.

Sec. 1075. Transfer of aircraft to other departments.

Sec. 1076. Reauthorization of National Aviation Heritage Area.

Sec. 1077. Recognition of America’s veterans.

Sec. 1078. National Commission on Military Aviation Safety.

Sec. 1079. Target practice and marksmanship training support.

Sec. 1080. Sense of congress on adversary air capabilities.

Sec. 1081. Sense of Congress regarding organic attack aviator training capability.

Sec. 1082. Sense of Congress on the legacy, contributions, and sacrifices of American Indian and Alaska Natives in the Armed Forces.

Sec. 1083. Amateur radio parity.

Sec. 1084. Sense of Congress regarding the international borders of the United States.

Sec. 1085. Program to commemorate 75th anniversary of World War II.

Title XI—Civilian Personnel Matters

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

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

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

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

Sec. 1105. Appointment of retired members of the armed forces to positions in or under the Department of Defense.

Sec. 1106. Extension of authority to conduct telework travel expenses test programs.

Sec. 1107. Personnel demonstration projects.

Sec. 1108. Expanded flexibility in selecting candidates from referral lists.

Sec. 1109. Temporary and term appointments in the competitive service.

Title XII—Matters relating to foreign nations

Subtitle A—Assistance and training

Sec. 1201. Report on the use of security cooperation authorities.

Sec. 1202. Clarification of authority to waive certain expenses for activities of the Regional Centers for Security Studies.

Sec. 1203. NATO Strategic Communications Center of Excellence.

Sec. 1204. NATO Cooperative Cyber Defense Center of Excellence.

Sec. 1205. Participation in and support of the Inter-American Defense College.

Sec. 1206. Increase in cost limitation for small scale construction related to security cooperation.

Sec. 1207. Report on security cooperation with Haiti.

Sec. 1208. Review and report on processes and procedures used to carry out section 362 of title 10, United States Code.

Subtitle B—Matters relating to Afghanistan and Pakistan

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

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

Sec. 1213. Extension and modification of Commanders’ Emergency Response Program.

Sec. 1214. Report on assistance to Pakistan.

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

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

Sec. 1222. Extension 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. Sense of Congress on ballistic missile cooperation to counter Iran.

Sec. 1225. Strategy to counter destabilizing activities of Iran.

Sec. 1226. Report on compliance of Iran under the Chemical Weapons Convention.

Sec. 1227. Report on potential release of chemical weapons or chemical weapons precursors from Barzeh Research and Development Center and Him Shinshar chemical weapons storage and bunker facilities in Homs province of Syria.

Sec. 1228. Report on cooperation between Iran and the Russian Federation.

Subtitle D—Matters relating to the Russian Federation

Sec. 1231. Prohibition on availability of funds relating to sovereignty of the Russian Federation over Crimea.

Sec. 1232. Limitation on availability of funds relating to implementation of the Open Skies Treaty.

Sec. 1233. Comprehensive response to the Russian Federation’s material breach of the INF Treaty.

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

Sec. 1235. Statement of policy on United States military investment in Europe.

Sec. 1236. Imposition of sanctions with respect to certain persons providing sophisticated goods, services, or technologies for use in the production of major defense equipment or advanced conventional weapons.

Sec. 1237. Extension of limitation on military cooperation between the United States and the Russian Federation.

Sec. 1238. Sense of Congress regarding Russia’s violations of the Chemical Weapons Convention.

Sec. 1239. United States actions regarding material breach of INF Treaty by the Russian Federation.

Sec. 1240. Limitation on availability of funds to extend the implementation of the New Start Treaty.

Subtitle E—Matters relating to the Indo-Pacific region

Sec. 1251. Support for Indo-Pacific stability initiative.

Sec. 1252. United States strategy on China.

Sec. 1253. Strengthening Taiwan’s force readiness.

Sec. 1254. Modification, redesignation, and extension of Southeast Asia Maritime Security Initiative.

Sec. 1255. Missile defense exercises in the Indo-Pacific region with United States regional allies and partners.

Sec. 1256. Quadrilateral cooperation and exercise.

Sec. 1257. Name of United States Indo-Pacific Command.

Sec. 1258. Requirement for critical languages and expertise in Chinese, Korean, and Russian.

Sec. 1259. Modification of report required under enhancing defense and security cooperation with India.

Sec. 1260. Statement of policy on naval vessel transfers to Japan.

Sec. 1261. Report and public notification on China’s military, maritime, and air activities in the Indo-Pacific region.

Sec. 1262. Senior defense engagement with Taiwan.

Sec. 1263. Limitation on use of funds to reduce the total number of members of the Armed Forces serving on active duty who are deployed to the Republic of Korea.

Sec. 1264. Enhancing missile defense cooperation with partners.

Subtitle F—Other matters

Sec. 1271. Report on status of the United States relationship with the Republic of Turkey.

Sec. 1272. Sense of Congress on unity of Gulf Cooperation Council member countries.

Sec. 1273. Report on United States Government police training and equipping programs for Mexico.

Sec. 1274. Authority to increase engagement and military-to-military cooperation with Western Balkans countries.

Sec. 1275. Technical corrections relating to defense security cooperation statutory reorganization.

Sec. 1276. United States-Israel countering unmanned aerial systems cooperation.

Sec. 1277. Three-year extension of authorization of non-conventional assisted recovery capabilities.

Sec. 1278. Revision of statutory references to former NATO support organizations and related NATO agreements.

Sec. 1279. Sense of the Congress concerning military-to-military dialogues.

Sec. 1280. Modifications to Global Engagement Center.

Sec. 1281. Report on acquisition and cross-servicing agreements.

Sec. 1282. Prohibition on provision of weapons and other forms of support to certain organizations.

Sec. 1283. Certification and authority to terminate funding for academic research relating to foreign talent programs.

Sec. 1284. Sense of Congress on support for Georgia.

Sec. 1285. Sense of Congress on support for Estonia, Latvia, and Lithuania.

Sec. 1286. Report on United States strategy in Yemen.

Sec. 1287. Report on Hizballah.

Title XIII—Cooperative Threat Reduction

Sec. 1301. Funding allocations.

Sec. 1302. Specification of cooperative threat reduction funds.

Title XIV—Other authorizations

Subtitle A—Military programs

Sec. 1401. Working capital funds.

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

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

Sec. 1404. Defense inspector general.

Sec. 1405. Defense health program.

Sec. 1406. National defense sealift fund.

Subtitle B—Other matters

Sec. 1411. Authority for transfer of funds to joint Department of Defense-Department of Veterans Affairs medical facility demonstration fund for Captain James A. Lovell Health Care Center, Illinois.

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

Sec. 1413. Quarterly briefing on progress of chemical demilitarization program.

Title XV—Authorization of Additional Appropriations for Overseas Contingency Operations

Subtitle A—Authorization of appropriations

Sec. 1501. Purpose of certain authorizations of appropriations.

Sec. 1502. Procurement.

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

Sec. 1504. Operation and maintenance.

Sec. 1505. Military personnel.

Sec. 1506. Working capital funds.

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

Sec. 1508. Defense inspector general.

Sec. 1509. Defense health program.

Subtitle B—Financial matters

Sec. 1511. Treatment as additional authorizations.

Sec. 1512. Special transfer authority.

Subtitle C—Limitations, reports, and other matters

Sec. 1521. Afghanistan Security Forces Fund.

Sec. 1522. Joint Improvised-Threat Defeat Fund.

Title XVI—Strategic Programs, Cyber, and Intelligence Matters

Subtitle A—Space Activities

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

Sec. 1602. Rapid, responsive, and reliable space launch.

Sec. 1603. Provision of space situational awareness services and information.

Sec. 1604. Budget assessments for national security space programs.

Sec. 1605. Enhancement of positioning, navigation, and timing capacity.

Sec. 1606. Use of small- and medium-size buses for strategic and tactical satellite payloads.

Sec. 1607. Designation of component of Department of Defense responsible for coordination of modernization efforts relating to military-code capable GPS receiver cards.

Sec. 1608. Designation of component of Department of Defense responsible for coordination of hosted payload information.

Sec. 1609. Limitation on availability of funds for Joint Space Operations Center mission system.

Sec. 1610. Evaluation and enhanced security of supply chain for protected satellite communications programs and overhead persistent infrared systems.

Sec. 1611. Report on protected satellite communications.

Sec. 1612. Plan on space warfighting readiness.

Sec. 1613. Study on space-based radio frequency mapping.

Sec. 1614. Plan to provide persistent weather imagery for United States Central Command.

Subtitle B—Defense Intelligence and Intelligence-Related Activities

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

Sec. 1622. Security clearance for dual nationals.

Sec. 1623. Department of Defense Counterintelligence polygraph program.

Sec. 1624. Defense intelligence business management systems.

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

Sec. 1626. Prohibition on the availability of funds for Department of Defense assuming background investigation mission for the Federal Government.

Subtitle C—Cyberspace-Related Matters

Sec. 1631. Amendments to pilot program regarding cyber vulnerabilities of Department of Defense critical infrastructure.

Sec. 1632. Budget display for cyber vulnerability evaluations and mitigation activities for major weapon systems of the Department of Defense.

Sec. 1633. Transfer of responsibility for the Department of Defense Information Network to United States Cyber Command.

Sec. 1634. Pilot program authority to enhance cybersecurity and resiliency of critical infrastructure.

Sec. 1635. Pilot program on regional cyber security training center for the Army National Guard.

Sec. 1636. Procedures and reporting requirement on cybersecurity breaches and loss of personally identifiable information.

Sec. 1637. Cyber institutes at the senior military colleges.

Sec. 1638. Study and report on reserve component cyber civil support teams.

Subtitle D—Nuclear forces

Sec. 1641. Under Secretary of Defense for Research and Engineering and the Nuclear Weapons Council.

Sec. 1642. Long-range standoff weapon requirements.

Sec. 1643. Acceleration of ground-based strategic deterrent program and long-range standoff weapon program.

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

Sec. 1645. Prohibition on reduction of the intercontinental ballistic missiles of the United States.

Sec. 1646. Extension of prohibition on availability of funds for mobile variant of ground-based strategic deterrent missile.

Sec. 1647. Independent study on nuclear weapons launch-under-attack option.

Sec. 1648. Extension of annual report on the plan for the nuclear weapons stockpile, nuclear weapons complex, nuclear weapons delivery systems, and nuclear weapons command and control system.

Sec. 1649. Sense of Congress on nuclear posture of the United States.

Sec. 1650. Sense of Congress on extended nuclear deterrence in the Indo-Pacific region.

Subtitle E—Missile Defense Programs

Sec. 1661. Development of persistent space-based sensor architecture.

Sec. 1662. Boost phase ballistic missile defense.

Sec. 1663. Improvements to research and development and acquisition processes of Missile Defense Agency.

Sec. 1664. Layered defense of the United States homeland.

Sec. 1665. Testing of redesigned kill vehicle prior to production.

Sec. 1666. Requirements for ballistic missile defense capable ships.

Sec. 1667. Multiyear procurement authority for standard missile–3 block IB missiles.

Sec. 1668. Limitation on availability of funds for Army lower tier air and missile defense sensor.

Sec. 1669. Missile defense radar in Hawaii.

Sec. 1670. Reports on unfunded priorities of the Missile Defense Agency.

Sec. 1671. Report on ballistic missile defense.

Sec. 1672. Sense of Congress on missile and rocket defense cooperation between the United States and Israel.

Subtitle F—Other Matters

Sec. 1681. Extension of Commission to Assess the Threat to the United States from Electromagnetic Pulse Attacks and Similar Events.

Sec. 1682. Procurement of ammonium perchlorate and other chemicals for use in solid rocket motors.

Sec. 1683. Conventional prompt global strike hypersonic capabilities.

Sec. 1684. Report regarding industrial base for large solid rocket motors.

Sec. 1685. National intelligence estimate with respect to Russian and Chinese interference in democratic countries.

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.

Title XXII—Navy Military Construction

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

Sec. 2202. Family housing.

Sec. 2203. Improvements to military family housing units.

Sec. 2204. Authorization of appropriations, Navy.

Title XXIII—Air Force Military Construction

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

Sec. 2302. Family housing.

Sec. 2303. Improvements to military family housing units.

Sec. 2304. Authorization of appropriations, Air Force.

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

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

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

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

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

Title XXIV—Defense Agencies Military Construction

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

Sec. 2402. Authorized energy conservation projects.

Sec. 2403. Authorization of appropriations, defense agencies.

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

Title XXV—International Programs

Subtitle A—North Atlantic Treaty Organization Security Investment Program

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

Sec. 2502. Authorization of appropriations, NATO.

Subtitle B—Host Country In-Kind Contributions

Sec. 2511. Republic of Korea funded construction projects.

Title XXVI—Guard and Reserve Forces Facilities

Subtitle A—Project Authorizations and Authorization of Appropriations

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

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

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

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

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

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

Subtitle B—Other Matters

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

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

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

Title XXVII—Base Realignment and Closure Activities

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

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

Sec. 2703. Prohibition on conducting additional Base Realignment and Closure (BRAC) round.

Title XXVIII—Military Construction General Provisions

Subtitle A—Military Construction Program and Military Family Housing

Sec. 2801. Commercial construction standards for facilities on leased property.

Sec. 2802. Extension of temporary, limited authority to use operation and maintenance funds for construction projects outside the United States.

Sec. 2803. Small business set-aside for contracts for architectural and engineering services and construction design.

Sec. 2804. Authority to obtain architectural and engineering services and construction design for defense laboratory modernization program.

Sec. 2805. Repeal of limitation on certain Guam project.

Sec. 2806. Enhancing force protection and safety on military installations.

Sec. 2807. Limitation on use of funds for acquisition of furnished energy for new medical center in Germany.

Sec. 2808. Treatment of leases of non-excess property entered into with insured depository institutions.

Subtitle B—Real Property and Facilities Administration

Sec. 2811. Optional participation in collection of information on unutilized and underutilized military installation properties available for homeless assistance.

Sec. 2812. Force structure plans and infrastructure capabilities necessary to support the force structure.

Sec. 2813. Retrofitting existing windows in military family housing units to be equipped with fall prevention devices.

Sec. 2814. Updating prohibition on use of certain assessment of public schools on Department of Defense installations to supersede funding of certain projects.

Subtitle C—Land Conveyances

Sec. 2821. Authority for transfer of administrative jurisdiction over certain lands, Marine Corps Air Ground Combat Center Twentynine Palms, California, and Marine Corps Air Station Yuma, Arizona.

Sec. 2822. Public inventory of Guam land parcels for transfer to Government of Guam.

Sec. 2823. Land conveyance, Naval Academy dairy farm, Gambrills, Maryland.

Sec. 2824. Technical correction of description of Limestone Hills Training Area Land Withdrawal and Reservation, Montana.

Sec. 2825. Land conveyance, Wasatch-Cache National Forest, Rich County, Utah.

Subtitle D—Military Land Withdrawals

Sec. 2831. Indefinite duration of certain military land withdrawals and reservations and improved management of withdrawn and reserved lands.

Sec. 2832. Designation of potential wilderness area.

Subtitle E—Other Matters

Sec. 2841. Defense community infrastructure program.

Sec. 2842. Restrictions on use of funds for development of public infrastructure in Commonwealth of Northern Mariana Islands.

Sec. 2843. Study and report on Coleman Bridge, York River, Virginia.

Sec. 2844. Certifications required prior to transfer of certain veterans memorial object.

Title XXIX—Overseas Contingency Operations Military Construction

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

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

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

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

Sec. 2905. Authorization of appropriations.

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

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

Title XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Subtitle A—National Security Programs and Authorizations

Sec. 3101. National Nuclear Security Administration.

Sec. 3102. Defense environmental cleanup.

Sec. 3103. Other defense activities.

Sec. 3104. Nuclear energy.

Subtitle B—Program Authorizations, Restrictions, and Limitations

Sec. 3111. Security clearance for dual nationals employed by National Nuclear Security Agency.

Sec. 3112. Department of Energy counterintelligence polygraph program.

Sec. 3113. Extension of enhanced procurement authority to manage supply chain risk.

Sec. 3114. Low-yield nuclear weapons.

Sec. 3115. Use of funds for construction and project support activities relating to MOX facility.

Sec. 3116. Prohibition on availability of funds for programs in Russian Federation.

Sec. 3117. Prohibition on availability of funds for research and development of advanced naval nuclear fuel system based on low-enriched uranium.

Sec. 3118. Limitation on availability of funds relating to submission of annual reports on unfunded priorities.

Subtitle C—Reports

Sec. 3121. Notification regarding release of contamination at Hanford site.

Subtitle D—Other Matters

Sec. 3131. Inclusion of capital assets acquisition projects in activities by Director for Cost Estimating and Program Evaluation.

Sec. 3132. Whistleblower protections.

Title XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

Title XXXIV—NAVAL PETROLEUM RESERVES

Sec. 3401. Authorization of appropriations.

Title XXXV—Maritime Matters

Subtitle A—Maritime Administration

Sec. 3501. Authorization of the Maritime Administration.

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

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

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

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

Subtitle B—Coast Guard

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

Sec. 3522. Preliminary development and demonstration.

Sec. 3523. Contract termination.

Sec. 3524. Reimbursement for travel expenses.

Sec. 3525. Capital investment plan.

Sec. 3526. Major acquisition program risk assessment.

Sec. 3527. Marine safety implementation status.

Sec. 3528. Retirement of Vice Commandant.

Sec. 3529. Large commercial yacht code.

Subtitle C—Coast Guard and Shipping Technical Corrections

Chapter 1—Coast Guard

Sec. 3531. Commandant defined.

Sec. 3532. Training course on workings of Congress.

Sec. 3533. Miscellaneous.

Sec. 3534. Department of Defense consultation.

Sec. 3535. Repeal.

Sec. 3536. Mission need statement.

Sec. 3537. Continuation on active duty.

Sec. 3538. System acquisition authorization.

Sec. 3539. Inventory of real property.

Chapter 2—Maritime Transportation

Sec. 3541. Definitions.

Sec. 3542. Authority to exempt vessels.

Sec. 3543. Passenger vessels.

Sec. 3544. Tank vessels.

Sec. 3545. Grounds for denial or revocation.

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

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

Sec. 3548. Miscellaneous corrections.

Division D—Funding Tables

Sec. 4001. Authorization of amounts in funding tables.

Title XLI—PROCUREMENT

Sec. 4101. Procurement.

Sec. 4102. Procurement for overseas contingency operations.

Title XLII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

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

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

Title XLIII—OPERATION AND MAINTENANCE

Sec. 4301. Operation and maintenance.

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

Title XLIV—MILITARY PERSONNEL

Sec. 4401. Military personnel.

Sec. 4402. Military personnel for overseas contingency operations.

Title XLV—OTHER AUTHORIZATIONS

Sec. 4501. Other authorizations.

Sec. 4502. Other authorizations for overseas contingency operations.

Title XLVI—MILITARY CONSTRUCTION

Sec. 4601. Military construction.

Sec. 4602. Military construction for overseas contingency operations.

Title XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Sec. 4701. Department of Energy national security programs.

3.

Congressional defense committees

In this Act, the term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code.

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.

National Guard and reserve component equipment report

(a)

In general

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

(10)

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

(A)

AH–64 Attack Helicopters;

(B)

UH–60 Black Hawk Utility Helicopters;

(C)

Abrams Main Battle Tanks;

(D)

Bradley Infantry Fighting Vehicles;

(E)

Stryker Combat Vehicles; and

(F)

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

.

(b)

Effective date

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

112.

Limitation on availability of funds for M27 Infantry Automatic Rifle program

(a)

Limitation

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

(b)

Assessment

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

(1)

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

(2)

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

C

Navy Programs

121.

Increase in number of operational aircraft carriers of the Navy

(a)

Findings

Congress finds the following:

(1)

The aircraft carrier can fulfill the Navy’s core missions of forward presence, sea control, ensuring safe sea lanes, and power projection as well as providing flexibility and versatility to execute a wide range of additional missions.

(2)

Forward airpower is integral to the security and joint forces operations of the United States. Carriers play a central role in delivering forward airpower from sovereign territory of the United States in both permissive and nonpermissive environments.

(3)

Aircraft carriers provide our Nation the ability to rapidly and decisively respond to national threats, as well as conducting worldwide, on-station diplomacy and providing deterrence against threats to the United States allies, partners, and friends.

(4)

Since the end of the cold war, aircraft carrier deployments have increased while the aircraft carrier force structure has declined.

(5)

Considering the increased array of complex threats across the globe, the Navy aircraft carrier is operating at maximum capacity, increasing deployment lengths and decreasing maintenance periods in order to meet operational requirements.

(6)

To meet global peacetime and wartime requirements, the Navy has indicated a requirement to maintain two aircraft carriers deployed overseas and have three additional aircraft carriers capable of deploying within 90 days. However, the Navy has indicated that the existing aircraft carrier force structure cannot support these military requirements.

(7)

Despite the requirement to maintain an aircraft carrier strike group in both the United States Central Command and the United States Pacific Command, the Navy has been unable to generate sufficient capacity to support combatant commanders and has developed significant carrier gaps in these critical areas.

(8)

Because of the continuing use of a diminished aircraft carrier force structure, extensive maintenance availabilities result which typically exceed program costs and increase time in shipyards. These expansive maintenance availabilities exacerbate existing carrier gaps.

(9)

Developing an alternative design to the Ford-class aircraft carrier is not cost beneficial. A smaller design is projected to incur significant design and engineering cost while significantly reducing magazine size, carrier air wing size, sortie rate, and on-station effectiveness, among other vital factors, as compared to the Ford-class. Furthermore, a new design will delay the introduction of future aircraft carriers, exacerbating existing carrier gaps and threatening the national security of the United States.

(10)

The 2016 Navy Force Structure Assessment states A minimum of 12 aircraft carriers are required to meet the increased warfighting response requirements of the Defense Planning Guidance Defeat/Deny force sizing direction..

(b)

Sense of congress

It is the sense of Congress that—

(1)

the United States should expedite delivery of 12 aircraft carriers; and

(2)

an aircraft carrier should be authorized every three years.

(c)

Increase in number of operational aircraft carriers of the navy

(1)

Increase

Section 5062(b) of title 10, United States Code, is amended by striking 11 operational aircraft carriers and inserting 12 operational aircraft carriers.

(2)

Effective date

The amendment made by paragraph (1) shall take effect on September 30, 2022.

122.

Procurement authority for Ford class aircraft carrier program

(a)

Contract authority

(1)

Procurement authorized

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

(2)

Procurement in conjunction with CVN–80

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

(b)

Use of incremental funding

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

(c)

Liability

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

(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 is subject to the availability of appropriations for that purpose for such fiscal year.

123.

Full ship shock trial for Ford class aircraft carrier

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

124.

Multiyear procurement authority for amphibious vessels

(a)

Authority for multiyear procurement

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

(b)

Limitation

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

(c)

Authority for advance procurement

The Secretary of the Navy may enter into one or more contracts for advance procurement associated with the amphibious vessels for which authorization to enter into a multiyear procurement contract is provided under subsection (a) and for equipment or subsystems associated with the amphibious vessels, including procurement of—

(1)

long lead time material; or

(2)

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

(d)

Condition for out-year contract payments

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

(e)

Limitation on termination liability

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

(f)

Amphibious vessel defined

The term amphibious vessel means a San Antonio class amphibious transport dock ship with a Flight II configuration.

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 missiles at a rate of not more than 125 missiles per year during the covered period.

(b)

Condition for out-year contract payments

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

(c)

Covered period defined

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

126.

Multiyear procurement authority for E–2D aircraft

(a)

Authority for multiyear procurement

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

(b)

Condition for out-year contract payments

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

127.

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

(a)

Authority for multiyear procurement

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

(1)

F/A–18E/F aircraft.

(2)

EA–18G aircraft.

(b)

Condition for out-year contract payments

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

(c)

Authority for advance procurement and economic order quantity

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

128.

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

(a)

Modifications required

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

(1)

replacement of the F/A–18 cockpit altimeter;

(2)

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

(3)

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

(4)

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

(5)

installation of an automatic ground collision avoidance system.

(b)

Report required

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

(c)

Waiver

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

129.

Frigate class ship program

(a)

Technical data

(1)

Requirement

As part of the solicitation for proposals for the procurement of any frigate class ship, the Secretary of the Navy shall require that an offeror submit a proposal that provides for conveying technical data as part of the proposal for the frigate.

(2)

Rights of the United States

The Secretary of the Navy shall ensure that the Government’s rights in technical data for any frigate class ship are sufficient to allow the Government to—

(A)

by not later than the date on which funds are obligated for the last covered frigate, use the technical data to conduct a full and open competition (pursuant to section 2304 of title 10, United States Code) for any subsequent procurement of a frigate class ship; and

(B)

transition the frigate class ship combat systems to Government-furnished equipment to achieve open architecture and foster competition to modernize future systems.

(b)

Definitions

In this section:

(1)

The term covered frigate means each of the first 10 frigate class ships procured after January 1, 2020.

(2)

The term technical data means a compilation of detailed engineering plans and specifications for the construction of a frigate class ship.

130.

Limitation on procurement of economic order quantities for Virginia class submarine program

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

(1)

in subsection (c)(2), by striking material and inserting subject to subsection (d), material;

(2)

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

(3)

by inserting after subsection (c), the following:

(d)

Limitation on procurement of economic order quantities

The Secretary of the Navy may not enter into contracts for economic order quantities under subsection (c)(2) until the date on which the Secretary certifies to the congressional defense committees that any funds made available for such contracts will be used to procure economic order quantities of material and equipment for not fewer than 12 Virginia class submarines.

.

131.

Limitation on use of funds for DDG–51 destroyers

None of the funds authorized to be appropriated or otherwise made available by this Act for fiscal year 2019 for Shipbuilding and Conversion, Navy, for DDG–51 class destroyers may be obligated or expended until the Secretary of the Navy submits to the congressional defense committees a report that includes—

(1)

a detailed description of the current degaussing standards;

(2)

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

(3)

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

D

Air Force Programs

141.

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

(a)

Inventory requirement

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

(j)
(1)

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

(2)

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

(A)

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

(B)

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

(3)

In this subsection:

(A)

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

(B)

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

.

(b)

Limitation on retirement of KC–10A

(1)

In general

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

(2)

Exception for certain aircraft

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

142.

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

(a)

Certification required

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

(1)

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

(2)

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

(b)

Limitation on use of funds

None of the funds authorized to be appropriated or otherwise made available by this Act for fiscal year 2019 for Aircraft Procurement, Air Force, may be obligated or expended for three KC-46A aircraft until the Secretary of the Air Force submits the certification required under subsection (a).

143.

Retirement date for VC–25A aircraft

(a)

In general

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

(b)

Covered aircraft defined

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

144.

Contract for logistics support for VC–25B aircraft

The Secretary of the Air Force shall—

(1)

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

(2)

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

145.

Multiyear procurement authority for C–130J aircraft

(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 up to 52 C–130J aircraft.

(b)

Condition for out-year contract payments

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

146.

Removal of waiting period for limitation on availability of funds for EC–130H Compass Call recapitalization program

Section 135(a) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) is amended by striking a period of 30 days has elapsed following.

147.

Findings and sense of Congress regarding KC–46 aerial refueling tankers

(a)

Findings

Congress makes the following findings:

(1)

Aerial refueling tankers provide an essential foundation for our nation’s ability to project power and deter adversaries, enabling the global reach of our joint force.

(2)

87 percent of the legacy aerial refueling fleet is comprised of KC–135 aircraft with an average age of 56 years.

(3)

The Commander of United States Transportation Command has identified the aerial refueling fleet as the most stressed of our air mobility forces and stated that delaying KC–46 production puts the Joint Force’s ability to effectively execute war plans at risk.

(4)

As directed by the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91), the Air Force is undertaking an updated mobility capability and requirements study that will reflect guidance articulated in the 2018 National Defense Strategy and reassess the current tanker requirement of 479 aircraft.

(5)

The fixed-price contract for KC–46A calls for 179 aircraft to be delivered by 2028.

(6)

The KC–46 is a multirole platform that will bring enhanced capabilities to both the aerial refueling and strategic airlift missions. The aircraft provides the ability to refuel joint and coalition aircraft by both boom and drogue systems in the same sortie; improved cargo, passenger and aeromedical evacuation capabilities; and enhanced survivability with multiple layers of protection enabling it to operate safely in a broader range of threat environments than legacy tankers.

(7)

The Government Accountability Office has stated: The KC–46 program’s total acquisition cost estimate remained stable over the past year at $44,400,000,000, which is about $7,300,000,000 less than the original estimate.

(8)

The Commander of Air Mobility Command has stated that the KC–46 will bring tremendous capability to our joint warfighter.

(9)

The Assistant Secretary of the Air Force for Acquisition has stated: Stability of requirements and funding are the keys to KC–46 program success and will enable the Air Force to deliver this new tanker ready for employment on day one.

(10)

The Military Deputy to the Assistant Secretary of the Air Force for Acquisition has identified the KC–46 as the Air Force’s second highest combat aviation acquisition priority for the role that it plays in being able to power project.

(11)

With the support of Congress, the Air Force has executed three low rate initial production contracts for a total of 34 aircraft. In fiscal year 2018, Congress provided funding for a fourth production lot totaling 18 aircraft.

(12)

A steady production rate of 1.3 aircraft per month has been maintained through independent investment by industry in order to expedite deliveries to the Air Force upon completion of developmental testing and certification.

(b)

Sense of Congress

It is the sense of Congress that—

(1)

the Air Force and industry should dedicate the resources and manpower necessary to ensure the first KC–46 is delivered in fiscal year 2018;

(2)

the Air Force should maximize efficiency in the test and certification process to ensure that—

(A)

test points are not redundant;

(B)

test plans are approved expeditiously;

(C)

receiver aircraft are available to support test flights; and

(D)

Air Force inputs necessary for Federal Aviation Administration and military airworthiness certifications are expedited; and

(3)

the Assistant Secretary of the Air Force for Acquisition and the Director of the Defense Contract Management Agency should develop and implement a plan enabling the Air Force to accept and field KC–46 aircraft at a rate higher than three aircraft per month after the delivery of the first aircraft.

E

Defense-wide, Joint, and Multiservice Matters

151.

Buy-to-budget acquisition of F–35 aircraft

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

152.

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

(a)

Certification required

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

(b)

Waiver

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

(1)

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

(2)

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

(c)

Termination

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

(d)

Definitions

In this section:

(1)

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

(2)

The term Secretary concerned means—

(A)

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

(B)

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

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.

Modification of authority to carry out certain prototype projects

Section 2371b(f) of title 10, United States Code, is amended by adding at the end the following new paragraphs:

(4)

Contracts or transactions entered into pursuant to this subsection that are expected to cost the Department of Defense in excess of $100,000,000 but not in excess of $500,000,000 (including all options) may be awarded only upon written determination by the senior procurement executive for the agency as designated for the purpose of section 1702(c) of title 41, or, by the senior procurement executive for the Defense Advanced Research Projects Agency that award of the contract or transaction is essential to meet critical national security interests.

(5)

Contracts and transactions entered into pursuant to this subsection that are expected to cost the Department of Defense in excess of $500,000,000 (including all options) may be awarded only if—

(A)

the Under Secretary of Defense for Acquisition and Sustainment determines in writing that award of the contract or transaction is essential to meet critical national security objectives; and

(B)

the congressional defense committees are notified in writing not later than 30 days before award of the contract or transaction.

.

212.

Extension of directed energy prototype authority

Section 219(c)(4) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2431 note) is amended—

(1)

in subparagraph (A), by striking Except as provided in subparagraph (B) and inserting Except as provided in subparagraph (C);

(2)

by redesignating subparagraph (B) as subparagraph (C);

(3)

by inserting after subparagraph (A) the following:

(B)

Except as provided in subparagraph (C) and subject to the availability of appropriations for such purpose, of the funds authorized to be appropriated by the National Defense Authorization Act for Fiscal Year 2019 or otherwise made available for fiscal year 2019 for research, development, test, and evaluation, defense-wide, up to $100,000,000 may be available to the Under Secretary to allocate to the military departments, the defense agencies, and the combatant commands to carry out the program established under paragraph (1).

; and

(4)

in subparagraph (C), as so redesignated, by striking made available under subparagraph (A) and inserting made available under subparagraph (A) or subparagraph (B).

213.

Prohibition on availability of funds for the Weather Common Component program

(a)

Prohibition

None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for research, development, test, and evaluation, Air Force, for weather service (PE 0305111F, Project 672738) for product development, test and evaluation, and management services associated with the Weather Common Component program may be obligated or expended.

(b)

Report required

(1)

In general

The Secretary of the Air force shall submit to the congressional defense committees a report on technologies and capabilities that—

(A)

provide real-time or near real-time meteorological situational awareness data through the use of sensors installed on manned and unmanned aircraft; and

(B)

were developed primarily using funds of the Department of Defense.

(2)

Elements

The report under paragraph (1) shall include—

(A)

a description of all technologies and capabilities described in paragraph (1) that exist as of the date on which the report is submitted;

(B)

a description of any testing activities that have been completed for such technologies and capabilities, and the results of those testing activities;

(C)

the total amount of funds used by the Department of Defense for the development of such technologies and capabilities;

(D)

a list of capability gaps or shortfalls in any major commands of the Air Force relating to the gathering, processing, exploitation, and dissemination of real-time or near real-time meteorological situational awareness data for unmanned systems;

(E)

an explanation of how such gaps or shortfalls may be remedied to supplement the weather forecasting capabilities of the Air Force and to enhance the efficiency or effectiveness of combat air power; and

(F)

a plan for fielding existing technologies and capabilities to mitigate such gaps or shortfalls.

214.

Limitation pending certification on the Joint Surveillance Target Attack Radar System recapitalization program

(a)

Limitation

Until a period of 15 days has elapsed following the date on which the Secretary of the Air Force submits to the congressional defense committees the certification described in subsection (b)—

(1)

of the total amount of funds authorized to be appropriated by this Act or otherwise made available for the Air Force for fiscal year 2019 for the covered programs not more than 50 percent may be obligated or expended for the programs; and

(2)

the Secretary of the Air Force may not divest more than one legacy E–8 Joint Surveillance Target Attack Radar System aircraft.

(b)

Certification

The certification described in this subsection is a written statement of the Secretary of the Air Force certifying that—

(1)

the Secretary has awarded one or more contracts under the Joint Surveillance Target Attack Radar System recapitalization program for—

(A)

engineering, manufacturing, and development

(B)

low-rate initial production;

(C)

production; and

(D)

initial contractor support; and

(2)

the program is proceeding in accordance with the plans for the program set forth in the budget request of the President submitted to Congress under section 1105 of title 31, United States Code, for fiscal year 2018.

(c)

GAO Report and briefing

(1)

Report required

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

(A)

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

(B)

the resources budgeted for the capability;

(C)

the fielding plan for the capability;

(D)

any risk assessments associated with the capability; and

(E)

the overall acquisition strategy for the capability.

(2)

Interim Briefing

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

(d)

Air Force Report

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

(1)

the modernization and sustainment strategy, and associated costs, for the airframe and mission systems that will be used to maintain the legacy fleet of such aircraft until the Joint Surveillance Target Attack Radar System recapitalization program achieves initial operational capability; and

(2)

a plan that describes how the Secretary will—

(A)

continue to provide combatant commanders with the current level of E–8C force support;

(B)

accelerate the Joint Surveillance Target Attack Radar System recapitalization program to significantly decrease the time needed to achieve initial operational capability without adversely affecting currently programmed E–8C manpower levels; and

(C)

maintain acceptable levels of risk while carrying out the activities described in subparagraphs (A) and (B).

(e)

Program office personnel

Using funds authorized to be appropriated by this Act or otherwise made available for the Air Force for fiscal year 2019 for the Joint Surveillance Target Attack Radar System recapitalization program, the Secretary of the Air Force may obligate and expend funds necessary for civilian pay expenses required to manage, execute, and deliver the Joint Surveillance Target Attack Radar System recapitalization weapon system capability.

(f)

Covered program defined

In this section, the term covered program means any program comprising Increment 1, Increment 2, or Increment 3, of the 21st Century Advanced Battle-Management System of Systems capability of the Air Force, except the term does not include any activities under the legacy E–8C program or the Joint Surveillance Target Attack Radar System recapitalization program of the Air Force.

215.

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

(a)

Limitation

Except as provided in subsection (b), of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for the F–35 continuous capability development and delivery program, not more than 75 percent may be obligated or expended until a period of 15 days has elapsed following the date on which the Secretary of Defense submits to the congressional defense committees a detailed cost estimate and baseline schedule for the program, which shall include any information required for a major defense acquisition program under section 2435 of title 10, United States Code.

(b)

Exception

The limitation in subsection (a) does not apply to any funds authorized to be appropriated or otherwise made available for the development of the F–35 dual capable aircraft capability.

216.

Limitation on availability of funds pending report on Agile Software Development and Software Operations

(a)

Limitation

Of the of funds described in subsection (d), not more than 75 percent may be obligated or expended until a period of 30 days has elapsed following the date on which the Secretary of the Air Force submits the report required under subsection (b).

(b)

Report

Subject to subsection (c), the Secretary of the Air Force shall submit to the congressional defense committees a report that includes a description of each of the following:

(1)

The specific cost-estimating tools and methodologies used to formulate Air Force budgets for software application development using Agile Software Development and Software Operations (referred to in this section as Agile DevOps) in support of modernization and upgrade activities for Air Operations Centers.

(2)

The types of contracts used to execute Agile DevOps activities and the rationale for using each type of contract.

(3)

How intellectual property ownership issues associated with software applications developed with Agile DevOps processes will be addressed to ensure future sustainment, maintenance, and upgrades to software applications after the applications are fielded.

(4)

The Secretary’s strategy for ensuring that software applications developed for Air Operations Centers are transportable and translatable among all the Centers to avoid any duplication of efforts.

(5)

Any tools and software applications that have been developed for the Air Operations Centers and the costs and cost categories associated with developing each such tool and software application.

(c)

Review

Before submitting the report under subsection (b), the Secretary of the Air Force shall ensure that the report is reviewed and approved by the Director of Defense Pricing and the Defense Procurement and Acquisition Policy.

(d)

Funds described

The funds described in this subsection are the following:

(1)

Funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for research, development, test, and evaluation, Air Force, for Air and Space Operations Centers (PE 0207410F, Project 674596).

(2)

Funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for other procurement, Air Force, for Air and Space Operations Centers.

217.

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

(a)

Limitation

Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for the Department of Defense for High Energy Laser Advanced Technology (PE 0603924D8Z), not more than 50 percent may be obligated or expended until the date on which the Secretary of Defense submits to the congressional defense committees—

(1)

a logical roadmap and detailed assessment of the high energy laser programs of the Department of Defense; and

(2)

a justification for the $33,533,000 of increased funding for high energy laser programs authorized in the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91).

(b)

Rule of construction

The limitation in subsection (a) shall not be construed to apply to any other high energy laser program of the Department of Defense other than the program element specified in such subsection.

218.

Plan for elimination or transfer of the Strategic Capabilities Office of the Department of Defense

(a)

Plan required

Not later than March 1, 2019, the Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, shall submit to the congressional defense committees a plan—

(1)

to eliminate the Strategic Capabilities Office of the Department of Defense by not later than October 1, 2020; or

(2)

to transfer the functions of the Strategic Capabilities Office to another organization or element of the Department by not later than October 1, 2020.

(b)

Elements

The plan required under subsection (a) shall include the following:

(1)

A timeline for the potential elimination or transfer of the activities, functions, programs, plans, and resources of the Strategic Capabilities Office.

(2)

A strategy for mitigating risk to the programs of the Strategic Capabilities Office while the elimination or transfer is carried out.

(3)

A strategy for implementing the lessons learned and best practices of the Strategic Capabilities Office across the organizations and elements of the Department of Defense to promote enterprise-wide innovation.

(c)

Form of plan

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

219.

National Security Science And Technology Strategy

(a)

Strategy

Not later than February 4, 2019, the Secretary of Defense shall develop and implement a strategy (to be known as the National Security Science and Technology Strategy) to prioritize the science and technology efforts and investments of the Department of Defense.

(b)

Elements

The strategy under subsection (a) shall—

(1)

include specific goals for the science and technology programs of the Department of Defense in which personnel and resources of the Department are invested;

(2)

be aligned with the National Defense Strategy and Government-wide strategic science and technology priorities, including the defense budget priorities of the Office of Science and Technology Policy of the President;

(3)

align the acquisition priorities, programs, and timelines of the Department with the acquisition priorities, programs, and timelines of defense enterprise laboratories and services;

(4)

contain an assessment of high priority emerging technology programs of the Department, including programs relating to hypersonics, directed energy, synthetic biology, and artificial intelligence;

(5)

identify high priority research and engineering requirements and gaps;

(6)

include recommendations for changes in authorities, regulations, policies, or any other relevant areas, that would support the achievement of the goals set forth in the strategy; and

(7)

contain such other information as the Secretary of Defense determines to be appropriate.

(c)

Annual submission

(1)

In general

Not later than February 4, 2019, and annually thereafter through December 31, 2021, the Secretary of Defense shall submit to the congressional defense committees the most recent version of the strategy developed under subsection (a).

(2)

Form of submission

Each strategy submitted under paragraph (1) shall be submitted in unclassified form, but may include a classified annex

(d)

Briefing

Not later than 14 days after the date on which the initial strategy under subsection (a) is completed, the Under Secretary of Defense for Research and Engineering shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the implementation of the strategy.

220.

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

The Secretary of the Navy shall ensure that the aircraft carrier designated CVN–73 is modified to support the fielding of the MQ–25 unmanned aerial vehicle before the date on which the refueling and complex overhaul of the aircraft carrier is completed.

C

Reports and Other Matters

221.

Report on survivability of air defense artillery

(a)

Report required

Not later than March 1, 2019, the Secretary of the Army shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the efforts of the Army to improve the survivability of air defense artillery, with a particular focus on the efforts of the Army to improve passive and active nonkinetic capabilities and training with respect to such artillery.

(b)

Elements

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

(1)

An analysis of the utility of relevant passive and active non-kinetic integrated air and missile defense capabilities, including tactical mobility, new passive and active sensors, signature reduction, concealment, and deception systems, and electronic warfare and high-powered radio frequency systems.

(2)

An analysis of the utility of relevant active kinetic capabilities, such as a new, long-range counter-maneuvering threat missile and additional indirect fire protection capability units to defend Patriot and Terminal High Altitude Area Defense batteries.

(c)

Form of report

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

222.

Report on T–45 aircraft physiological episode mitigation actions

(a)

Report required

Not later than March 1, 2019, the Secretary of the Navy shall submit to the congressional defense committees a report on modifications made to T–45 aircraft and associated ground equipment to mitigate the risk of physiological episodes among T–45 aircraft crewmembers.

(b)

Elements

The report required under subsection (a) shall include—

(1)

a list of all modifications to the T–45 aircraft and associated ground equipment carried out during fiscal years 2017 through 2019 to mitigate the risk of physiological episodes among T–45 crewmembers;

(2)

the results achieved by such modifications as determined by relevant testing and operational activities;

(3)

the cost of such modifications; and

(4)

any plans of the Navy for future modifications.

223.

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

(a)

Report required

Not later than March 1, 2019, the Secretary of the Air Force shall submit to the congressional defense committees a report on all efforts of the Air Force to reduce the occurrence of, and mitigate the risk posed by, physiological episodes affecting crewmembers of covered aircraft.

(b)

Elements

The report required under subsection (a) shall include—

(1)

information on the rate of physiological episodes affecting crewmembers of covered aircraft;

(2)

a description of the specific actions carried out by the Air Force to address such episodes, including a description of any upgrades or other modifications made to covered aircraft to address such episodes;

(3)

schedules and cost estimates for any upgrades or modifications identified under paragraph (3); and

(4)

an explanation of any organizational or other changes to the Air Force carried out to address such physiological episodes.

(c)

Covered aircraft defined

In this section, the term covered aircraft means—

(1)

F–35A aircraft of the Air Force;

(2)

T–6A aircraft of the Air Force; and

(3)

any other aircraft of the Air Force as determined by the Secretary of the Air Force.

224.

Briefing on use of quantum sciences for military applications and other purposes

(a)

Briefing required

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing on the strategy of the Secretary for using quantum sciences for military applications and other purposes.

(b)

Elements

The briefing under subsection (a) shall include—

(1)

a description of the knowledge-base of the Department of Defense with respect to quantum sciences and any plans of the Secretary of Defense to enhance such knowledge-base;

(2)

a plan that describes how the Secretary intends to use quantum sciences for military applications and to meet other needs of the Department; and

(3)

an assessment of the efforts of foreign powers to use quantum sciences for military applications and other purposes.

(c)

Form of briefing

The briefing under subsection (a) may be provided in classified or unclassified form.

225.

Report on Defense Innovation Unit Experimental

Not later than May 1, 2019, the Under Secretary of Defense for Research and Engineering shall submit to the congressional defense committees a report on Defense Innovation Unit Experimental (in this section referred to as the Unit). Such a report shall include the following:

(1)

The integration of the Unit into the broader Department of Defense research and engineering community to coordinate and de-conflict activities of the Unit with similar activities of the military departments, Defense Agencies, Department of Defense laboratories, the Defense Advanced Research Project Agency, and other entities.

(2)

The metrics used to measure the effectiveness of the Unit and the results of these metrics.

(3)

The number and types of transitions by the Unit to the military departments or fielded to the warfighter.

(4)

The use of other transaction authority by the Unit to include the process, procedures, documentation, and oversight of awards made using such authority.

(5)

The impact of the Unit’s initiatives, outreach, and investments on Department of Defense access to technology leaders and technology not otherwise accessible to the Department including—

(A)

identification of the number of non-traditional companies with Department of Defense contracts resulting directly from the Unit’s initiatives, investments, or outreach;

(B)

the number of innovations delivered into the hands of the warfighter; and

(C)

how the Department is notifying its internal components about participation in the Unit.

(6)

How the Department of Defense is documenting and institutionalizing lessons learned and best practices of the Unit to alleviate the systematic problems with technology access and timely contract execution.

III

Operation and Maintenance

A

Authorization of Appropriations

301.

Authorization of appropriations

Funds are here by 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.

Inclusion of consideration of energy and climate resiliency efforts in master plans for major military installations

Section 2864 of title 10, United States Code, is amended—

(1)

in subsection (a)(2)—

(A)

in subparagraph (C), by striking and at the end;

(B)

in subparagraph (D), by striking the period at the end and inserting ; and; and

(C)

by adding at the end the following new subparagraph:

(E)

energy and climate resiliency efforts.

; and

(2)

in subsection (d), by adding at the end the following new paragraph:

(3)

The term energy and climate resiliency means anticipation, preparation for, and adaptation to utility disruptions and changing environmental conditions and the ability to withstand, respond to and recover rapidly from utility disruptions while ensuring the sustainment of mission-critical operations.

.

312.

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

Subsection (b) of section 2916 of title 10, United States Code, is amended—

(1)

in paragraph (1), by striking Proceeds and inserting Except as provided in paragraph (3), proceeds; and

(2)

by adding at the end the following new paragraph:

(3)

In the case of proceeds from a sale of electrical energy generated from any geothermal energy resource—

(A)

50 percent shall be credited to the appropriation account described in paragraph (1); and

(B)

50 percent shall be deposited in a special account in the Treasury established by the Secretary concerned which shall be available, for military construction projects described in paragraph (2) or for installation energy or water security projects directly coordinated with local area energy or groundwater governing authorities, for the military installation in which the geothermal energy resource is located.

.

313.

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

Section 101(a)(5)(A) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371(a)(5)(A)) is amended—

(1)

in clause (i), by striking Upon request and inserting Except as provided by clause (ii), upon request;

(2)

by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; and

(3)

by inserting after clause (i) the following new clause (ii):

(ii)

In the case of a request described in clause (i) made by the Department of Defense, such clause shall be applied—

(I)

in the matter preceding clause (I), by substituting ten consecutive years for five consecutive years; and

(II)

in clause (I), by substituting ten-year for five-year.

.

314.

State management and conservation of species

(a)

Sage-grouse and Prairie-Chicken

(1)

In general

During the 10-year period beginning on the date of the enactment of this Act, the conservation status of each of the Greater Sage-grouse (Centrocercus urophasianus) and the Lesser Prairie-Chicken (Tympanuchus pallidicinctus) under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) shall be not-warranted for listing.

(2)

Subsequent determinations

In determining conservation efficacy for purposes of making any determination of such status after such 10-year period, the Secretary of the Interior shall fully consider all conservation actions of States, Federal agencies, and military installations.

(b)

American burying beetle

Notwithstanding the final rule of the United States Fish and Wildlife Service entitled Endangered and Threatened Wildlife and Plants; Determination of Endangered Status for the American Burying Beetle (54 Fed. Reg. 29652 (July 13, 1989)), the American burying beetle (Nicrophorus americanus) may not be listed as a threatened species or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).

(c)

Judicial review

Notwithstanding any other provision of statute or regulation, this section shall not be subject to judicial review.

C

Logistics and Sustainment

321.

Examination of naval vessels

Section 7304(a) of title 10, United States Code, is amended—

(1)

by striking The Secretary and inserting (1) The Secretary; and

(2)

by adding at the end the following new paragraphs:

(2)

Any naval vessel examined under this section on or after October 1, 2019, shall be examined without prior notice provided to the crew of the vessel.

(3)

Any report generated relating to an examination under this section shall be unclassified and made publicly available.

.

322.

Overhaul and repair of naval vessels in foreign shipyards

(a)

Treatment of naval vessels without designated homeports

Subsection (a)(1) of section 7310 of title 10, United States Code, is amended by adding at the end the following new sentence: For the purpose of this section, a naval vessel that does not have a designated homeport shall be treated in the same manner as a vessel with a homeport in the United States or Guam..

(b)

Definition of voyage repair

Such section is further amended—

(1)

in subsection (c)—

(A)

in paragraph (3)(C), by striking as defined and all that follows through Volume III; and

(B)

by striking paragraph (5); and

(2)

by adding at the end the following new subsection:

(d)

Definitions

In this section:

(1)

The term covered naval vessel means any of the following:

(A)

A naval vessel.

(B)

Any other vessel under the jurisdiction of the Secretary of the Navy.

(C)

A vessel not described in subparagraph (A) or (B) that is operated pursuant to a contract entered into by the Secretary of the Navy and the Maritime Administration or the United States Transportation Command in support of Department of Defense operations.

(2)

The term voyage repair means repair performed solely for the corrective maintenance of mission or safety essential items necessary for a vessel to deploy or continue its deployment.

.

323.

Limitation on length of overseas forward deployment of naval vessels

(a)

Limitation

(1)

In general

Chapter 633 of title 10, United States Code, is amended by adding at the end the following new section:

7320.

Limitation on length of overseas forward deployment of naval vessels

(a)

Limitation

The Secretary of the Navy shall ensure that no naval vessel is forward deployed overseas for a period in excess of ten years. At the end of a period of overseas forward deployment, the vessel shall be assigned a homeport in the United States.

(b)

Waiver

The Secretary of the Navy may waive the limitation under subsection (a) with respect to a naval vessel if the Secretary submits to the congressional defense committees notice in writing of—

(1)

the waiver of such limitation with respect to the vessel;

(2)

the date on which the period of overseas forward deployment of the vessel is expected to end; and

(3)

the factors used by the Secretary to determine that a longer period of deployment would promote the national defense or be in the public interest.

.

(2)

Clerical amendment

The table of sections at the beginning of such chapter is amended by adding at the end the following new section:

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

.

(b)

Treatment of currently deployed vessels

In the case of any naval vessel that has been forward deployed overseas for a period in excess of ten years as of the date of the enactment of this Act, the Secretary of the Navy shall ensure that such vessel is assigned a homeport in the United States by not later than three years after the date of the enactment of this Act.

(c)

Congressional briefing

Not later than 90 days after the date of the enactment of this Act, the Secretary of the Navy shall provide to the Committees on Armed Services of the Senate and House of Representatives a briefing on the plan of the Secretary for the rotation of forward deployed naval vessels.

324.

Temporary modification of workload carryover formula

During the period beginning on the date of the enactment of this Act and ending on September 30, 2021, in carrying out chapter 9, volume 2B (relating to Instructions for the Preparation of Exhibit Fund-11a Carryover Reconciliation) of Department of Defense regulation 7000.14-R, entitled Financial Management Regulation (FMR), in addition to any other applicable exemptions, the Secretary of Defense shall ensure that with respect to each military department depot or arsenal, outlay rates—

(1)

reflect the timing of when during a fiscal year appropriations have historically funded workload; and

(2)

account for the varying repair cycle times of the workload supported.

325.

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

(a)

Limitation

Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for the Navy for fiscal year 2019 may be obligated or expended for any construction, alteration, repair, or development of the real property consisting of the Former Ship Repair Facility in Guam.

(b)

Exception

The limitation under subsection (a) does not apply to any project that directly supports depot-level ship maintenance capabilities, including the mooring of a floating dry dock.

(c)

Former Ship Repair Facility in Guam

In this section, the term Former Ship Repair Facility in Guam means the property identified by that name under the base realignment and closure authority carried out under the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 USC 2687 note).

326.

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

(a)

Business case analysis

The Secretary of the Air Force shall prepare a business case analysis on the proposed relocation of the J85 Engine Regional Repair Center. Such analysis shall include each of the following:

(1)

An overview of each alternative considered for the J85 Engine Regional Repair Center.

(2)

The one-time and annual costs associated with each such alternative.

(3)

The effect of each such alternative on workload capacity, capability, schedule, throughput, and costs.

(4)

The effect of each such alternative on Government-furnished parts, components, and equipment, including mitigation strategies to address known limitations to T38 production throughput, especially such limitations caused by Government-furnished parts, equipment, or transportation.

(5)

The effect of each such alternative on the transition of the Air Force to the T-X training aircraft.

(6)

A detailed rationale for the selection of an alternative considered as part of the business case analysis under this section.

(b)

Limitation on use of funds for relocation

None of the funds authorized to be appropriated by this Act, or otherwise made available for the Air Force, may be obligated or expended for any action to relocate the J85 Engine Regional Repair Center until the date that is 150 days after the date on which the Secretary of the Air Force provides to the Committees on Armed Services of the Senate and House of Representatives a briefing on the business case analysis required by subsection (a).

327.

Army advanced and additive manufacturing center of excellence

(a)

Designation

The Secretary of the Army shall establish a Center of Excellence on Advanced and Additive Manufacturing at an arsenal (hereafter referred to as the Center).

(b)

Purposes

The Center established in section (a) shall—

(1)

support the efforts of the Army to implement advanced and additive manufacturing techniques and capabilities across the Army industrial facilities (as defined by section 4544(j) of title 10, United States Code);

(2)

identify improvements to sustainment methods for component parts and other logistics needs;

(3)

identify and implement appropriate cyber protections to ensure viability of advanced and additive manufacturing within the Army organic industrial base in consultation with the Army Cyber Center of Excellence and other appropriate government and private sector entities; and

(4)

aid in the procurement of advanced and additive manufacturing equipment and support services including training.

(c)

Assistance

(1)

In general

The Secretary of the Army may use public-private partnerships and other transactional activity pursuant to section 2371 of title 10, United States Code, with covered entities to facilitate the development of advanced and additive manufacturing techniques in support of Army industrial facilities.

(2)

Terms of partnerships and agreements

Public-private partnerships and other transactional activity under paragraph (1)—

(A)

shall facilitate development and implementation of advanced and additive manufacturing techniques and capabilities that support the Army organic industrial base;

(B)

may support necessary workforce development and support efforts to sustain advanced and additive manufacturing in the Army organic industrial base;

(C)

shall facilitate appropriate sharing of information in the adaptation of advanced and additive manufacturing into the Army organic industrial base; and

(D)

shall facilitate implementation of appropriate cyber protections into advanced and additive manufacturing tools and techniques.

(d)

Definition of covered entity

In this section, the term covered entity includes—

(1)

community and technical colleges;

(2)

research universities;

(3)

State and local governments;

(4)

economic development entities;

(5)

non-profit technical associations in advanced manufacturing; and

(6)

non-profit organizations with a focus on improving the defense industrial base.

D

Reports

331.

Matters for inclusion in quarterly reports on personnel and unit readiness

Section 482 of title 10, United States Code, is amended—

(1)

in subsection (b)(1), by inserting after deficiency the following: in the ground, sea, air, space, and cyber forces, and in such other such areas as determined by the Secretary of Defense,; and

(2)

in subsection (d)—

(A)

in the subsection heading, by striking assigned mission;

(B)

by striking paragraph (3);

(C)

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

(D)

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

(2)

A report for the second or fourth quarter of a calendar year under this section shall also include an assessment by each commander of a geographic or functional combatant command of the readiness of the command to conduct operations in a multidomain battle that integrates ground, air, sea, space, and cyber forces.

.

332.

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

(a)

Reviews required

For each of calendar years 2018 through 2021, the Comptroller General of the United States shall conduct an annual review of the readiness of the Armed Forces to conduct each of the following types of full spectrum operations:

(1)

Ground.

(2)

Sea.

(3)

Air.

(4)

Space.

(5)

Cyber.

(b)

Elements of review

In conducting a review under subsection (a), the Comptroller General shall—

(1)

use standard methodology and reporting formats in order to show changes over time;

(2)

evaluate, using fiscal year 2017 as the base year of analysis—

(A)

force structure;

(B)

the ability of major operational units to conduct operations; and

(C)

the status of equipment, manning, and training; and

(3)

provide reasons for any variances in readiness levels, including changes in funding, availability in parts, training opportunities, and operational demands.

(c)

Metrics

For purposes of the reviews required by this section, the Secretary of Defense shall identify and establish metrics for measuring readiness for the operations covered by subsection (a). In the first review conducted under this section, the Comptroller General shall evaluate and determine the validity of such metrics.

(d)

Access to relevant data

For purposes of this section, the Secretary of Defense shall ensure that the Comptroller General has access to all relevant data, including—

(1)

any assessments of the ability of the Department of Defense and the Armed Forces to execute operational and contingency plans;

(2)

any internal Department readiness and force structure assessments; and

(3)

the readiness databases of the Department and the Armed Forces.

(e)

Reports

(1)

Annual report

Not later than February 28, 2019, and annually thereafter until 2022, the Comptroller General shall submit to the Committees on Armed Services of the Senate and House of Representatives an annual report on the review conducted under subsection (a) for the year preceding the year during which the report is submitted.

(2)

Additional reports

At the discretion of the Comptroller General, the Comptroller General may submit to the Committees on Armed Services of the Senate and House of Representatives additional reports addressing specific mission areas within the operations covered by subsection (a) in order to provide an independent assessment of readiness in the areas of equipping, mapping, and training.

333.

Surface warfare training improvement

(a)

Findings

Congress makes the following findings:

(1)

In 2017, there were three collisions and one grounding involving United States Navy ships in the Western Pacific. The two most recent mishaps involved separate incidents of a Japan-based United States Navy destroyer colliding with a commercial merchant vessel, resulting in the combined loss of 17 sailors.

(2)

The causal factors in these four mishaps are linked directly to a failure to take sufficient action in accordance with the rules of good seamanship.

(3)

Because risks are high in the maritime environment, there are widely accepted standards for safe seamanship and navigation. In the United States, the International Convention on Standards of Training, Certification and Watchkeeping (hereinafter in this section referred to as the STCW) for Seafarers, standardizes the skills and foundational knowledge a maritime professional must have in seamanship and navigation.

(4)

Section 568 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2139) endorsed the STCW process and required the Secretary of Defense to maximize the extent to which Armed Forces service, training, and qualifications are creditable toward meeting merchant mariner licenses and certifications.

(5)

The Surface Warfare Officer Course Curriculum is being modified to include ten individual Go/No Go Mariner Assessments/Competency Check Milestones to ensure standardization and quality of the surface warfare community.

(6)

The Military-to-Mariner Transition report of September 2017 notes the Army maintains an extensive STCW qualifications program and that a similar Navy program does not exist.

(b)

Sense of Congress

It is the sense of Congress that—

(1)

the Secretary of the Navy should establish a comprehensive individual proficiency assessment process and include such an assessment prior to all operational surface warfare officer tour assignments; and

(2)

the Secretary of the Navy should significantly expand the STCW qualifications process to improve seamanship and navigation individual skills training for surface warfare candidates, surface warfare officers, quartermasters and operations specialists to include an increased set of courses that directly correspond to STCW standards.

(c)

Report

Not later than March 1, 2019, the Secretary of the Navy shall submit to the congressional defense committees a report that includes each of the following:

(1)

A detailed description of the surface warfare officer assessments process.

(2)

A list of programs that have been approved for credit toward merchant mariner credentials.

(3)

A complete gap analysis of the existing surface warfare training curriculum and STCW.

(4)

A complete gap analysis of the existing surface warfare training curriculum and the 3rd mate unlimited licensing requirement.

(5)

An assessment of surface warfare options to complete the 3rd mate unlimited license and the STCW qualification.

334.

Report on optimizing surface Navy vessel inspections and crew certifications

(a)

Report required

Not later than one year after the date of the enactment of this Act, the Secretary of the Navy shall submit to Congress a report on optimizing surface Navy vessel inspections and crew certifications to reduce the burden of inspection type visits that vessels undergo. Such report shall include—

(1)

an audit of all surface Navy vessel inspections, certifications, and required and recommended assist visits;

(2)

an analysis of such inspections, certifications, and visits for redundancies, as well as any necessary items not covered;

(3)

recommendations to streamline surface vessel inspections, certifications, and required and recommended assist visits to optimize effectiveness, improve material readiness, and restore training readiness; and

(4)

recommendations for congressional action to address the needs of the Navy as identified in the report.

(b)

Congressional briefing

Not later than January 31, 2019, the Secretary of the Navy shall provide to the Senate Committee on Armed Services and the House Committee on Armed Services an interim briefing on the matters to be included in the report required by subsection (a).

E

Other Matters

341.

Coast Guard representation on explosive safety board

Section 172(a) of title 10, United States Code, is amended—

(1)

by striking and Marine Corps and inserting Marine Corps, and Coast Guard; and

(2)

by adding at the end the following new sentence: When the Coast Guard is not operating as a service in the Department of the Navy, the Secretary of Homeland Security shall appoint an officer of the Coast Guard to serve as a voting member of the board..

342.

Shiloh National Military Park boundary adjustment and Parker's Crossroads Battlefield designation

(a)

Areas to be added to Shiloh National Military Park

(1)

Additional areas

The boundary of Shiloh National Military Park is modified to include the areas that are generally depicted on the map entitled Shiloh National Military Park, Proposed Boundary Adjustment, numbered 304/80,011, and dated July 2014, as follows:

(A)

Fallen Timbers Battlefield.

(B)

Russell House Battlefield.

(C)

Davis Bridge Battlefield.

(2)

Acquisition authority

The Secretary may acquire lands described in paragraph (1) by donation, purchase from willing sellers with donated or appropriated funds, or exchange.

(3)

Administration

Any lands acquired under this section shall be administered as part of the Park.

(b)

Establishment of affiliated area

(1)

In general

Parker’s Crossroads Battlefield in the State of Tennessee is hereby established as an affiliated area of the National Park System.

(2)

Description

The affiliated area shall consist of the area generally depicted within the Proposed Boundary on the map entitled Parker’s Crossroads Battlefield, Proposed Boundary, numbered 903/80,073, and dated July 2014.

(3)

Administration

The affiliated area shall be managed in accordance with this section and all laws generally applicable to units of the National Park System.

(4)

Management entity

The City of Parkers Crossroads and the Tennessee Historical Commission shall jointly be the management entity for the affiliated area.

(5)

Cooperative agreements

The Secretary may provide technical assistance and enter into cooperative agreements with the management entity for the purpose of providing financial assistance with marketing, marking, interpretation, and preservation of the affiliated area.

(6)

Limited role of the secretary

Nothing in this section authorizes the Secretary to acquire property at the affiliated area or to assume overall financial responsibility for the operation, maintenance, or management of the affiliated area.

(7)

General management plan

(A)

In general

The Secretary, in consultation with the management entity, shall develop a general management plan for the affiliated area. The plan shall be prepared in accordance with section 100502 of title 54, United States Code.

(B)

Transmittal

Not later than 3 years after the date that funds are made available for this section, the Secretary shall provide a copy of the completed general management plan to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.

(c)

Private Property Protection

(1)

No use of condemnation

The Secretary may not acquire by condemnation any land or interests in land under this section or for the purposes of this section.

(2)

Written consent of owner

No non-Federal property may be included in the Shiloh National Military Park without the written consent of the owner.

(3)

No buffer zone created

Nothing in this section, the establishment of the Shiloh National Military Park, or the management plan for the Shiloh National Military Park shall be construed to create buffer zones outside of the Park. That activities or uses can be seen, heard, or detected from areas within the Shiloh National Military Park shall not preclude, limit, control, regulate, or determine the conduct or management of activities or uses outside of the Park.

(d)

Definitions

In this section:

(1)

The term affiliated area means the Parker’s Crossroads Battlefield established as an affiliated area of the National Park System under subsection (b).

(2)

The term Park means Shiloh National Military Park, a unit of the National Park System.

(3)

The term Secretary means the Secretary of the Interior.

343.

Sense of Congress regarding critical minerals

It is the sense of Congress that the final composition of the critical minerals list, as ordered by Executive Order 13817, should include aggregates, copper, molybendum, gold, zinc, nickel, lead, silver, and certain fertilizer compounds in addition to the 35 minerals included in the draft list, as published on February 16, 2018, for public comment.

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, 487,500.

(2)

The Navy, 335,400.

(3)

The Marine Corps, 186,100.

(4)

The Air Force, 329,100.

402.

Revisions in permanent active duty end strength minimum levels

Section 691(b) of title 10, United States Code, is amended by striking paragraphs (1) through (4) and inserting the following new paragraphs:

(1)

For the Army, 487,500.

(2)

For the Navy, 335,400.

(3)

For the Marine Corps, 186,100.

(4)

For the Air Force, 329,100.

.

B

Reserve Forces

411 .

End strengths for Selected Reserve

(a)

In general

The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2019, as follows:

(1)

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

(2)

The Army Reserve, 199,500.

(3)

The Navy Reserve, 59,100.

(4)

The Marine Corps Reserve, 38,500.

(5)

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

(6)

The Air Force Reserve, 70,000.

(7)

The Coast Guard Reserve, 7,000.

(b)

End strength reductions

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

(1)

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

(2)

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

(c)

End strength increases

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

412 .

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

Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2019, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components:

(1)

The Army National Guard of the United States, 30,595.

(2)

The Army Reserve, 16,386.

(3)

The Navy Reserve, 10,110.

(4)

The Marine Corps Reserve, 2,261.

(5)

The Air National Guard of the United States, 19,861.

(6)

The Air Force Reserve, 3,849.

413 .

End strengths for military technicians (dual status)

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

(1)

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

(2)

For the Army Reserve, 6,492.

(3)

For the Air National Guard of the United States, 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.

V

Military Personnel Policy

A

Regular Component Management

501.

Expansion of authority to award constructive service credit for advanced education, experience, or training, upon original appointment as a commissioned officer

(a)

Active-duty list appointments

Section 533(g) of title 10, United States Code, is amended—

(1)

in paragraph (1)—

(A)

in the matter preceding subparagraph (A)—

(i)

by striking with cyberspace-related experience or advanced education and inserting with advanced education, special experience, or special training in a designated field; and

(ii)

by striking critically;

(B)

in subparagraph (A)—

(i)

by striking in a particular cyberspace-related field and inserting in such designated field; and

(ii)

by striking operational; and

(C)

in subparagraph (B)—

(i)

by striking in a cyberspace-related field and inserting in such designated field; and

(ii)

by striking operational;

(2)

by striking paragraph (2) and inserting the following:

(2)

The amount of constructive service credited an officer under this subsection may not exceed the amount required for the officer to be eligible for an original appointment in the grade of—

(A)

colonel in the Army, Air Force, or Marine Corps; or

(B)

captain in the Navy.

; and

(3)

by striking paragraph (4) and inserting the following new paragraph:

(4)

In this subsection, the term designated field includes the following:

(A)

Cyberspace.

(B)

Any scientific or technical field designated by the Secretary of Defense.

(C)

Any other field designated by the Secretary of Defense as a field—

(i)

that requires a high level of skill; and

(ii)

that an insufficient number of officers possess in the military department concerned.

.

(b)

Reserve active-status list appointments

Section 12207 of such title is amended—

(1)

in subsection (a)(2), by striking subsection (b) or (e) and inserting subsection (b), (e), or (g);

(2)

in subsection (f), by striking or (e) and inserting (e), or (g);

(3)

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

(4)

by inserting after subsection (f) the following new subsection (g):

(g)
(1)

Under regulations prescribed by the Secretary of Defense, if the Secretary of a military department determines that the number of commissioned officers serving on the reserve active-status list in an armed force under the jurisdiction of such Secretary with advanced education, special experience, or special training in a designated field is below the number needed, such Secretary may credit any person receiving an original appointment with a period of constructive service for the following:

(A)

Any period of advanced education in such designated field beyond the baccalaureate degree level if such advanced education is directly related to the needs of the armed force concerned.

(B)

Special experience or special training in such designated field if such experience or training is directly related to the needs of the armed force concerned.

(2)

The amount of constructive service credited an officer under this subsection may not exceed the amount required for the officer to be eligible for an original appointment in the grade of—

(A)

colonel in the Army, Air Force, or Marine Corps; or

(B)

captain in the Navy.

(3)

Constructive service credited an officer under this subsection is in addition to any service credited that officer under subsection (a) and shall be credited at the time of the original appointment of the officer.

(4)

In this subsection, the term designated field means any of the following:

(A)

Cyberspace.

(B)

Any scientific or technical field designated by the Secretary of Defense.

(C)

Any other field designated by the Secretary of Defense as a field—

(i)

that requires a high level of skill; and

(ii)

that an insufficient number of officers possess in the military department concerned.

.

502.

Surface warfare officers career paths

(a)

In general

Chapter 602 of title 10, United States Code, is amended by adding at the end the following new section:

6933.

Surface warfare officers: career paths

Any naval officer who is commissioned as a surface warfare officer on or after January 1, 2021, shall be assigned to one of the following career paths:

(1)

Ship engineering systems.

(2)

Ship operations and combat systems.

.

(b)

Clerical amendment

The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

6933. Surface warfare officers: career paths.

.

503.

Authority of selection boards to recommend officers of particular merit be placed at the top of the promotion list

(a)

Recommendation by selection board

Section 616 of title 10, United States Code, is amended by adding at the end the following new subsection (g):

(g)
(1)

A selection board may recommend an officer of particular merit from among officers recommended for promotion under subsection (a) to be placed at the top of a promotion list established by the Secretary of the military department concerned under section 624(a)(1) of this title.

(2)

A selection board may make a recommendation under this subsection only if such recommendation is appropriate in the opinion of a majority of the members of the selection board.

(3)

A selection board may make recommendations under this subsection for no more than the number equal to 20 percent of the maximum number of officers that the board is authorized to recommend for promotion. If the number determined under this paragraph is less than one, the board may recommend one such officer.

(4)

A selection board that recommends under this subsection that more than one officer be placed at the top of a promotion list shall recommend the order in which such officers should be promoted.

.

(b)

Action by Secretary concerned on recommendation of selection board

Section 618(a) of such title is amended—

(1)

by striking to law or regulation or to guidelines and inserting to law, regulation, or guidelines each place it appears;

(2)

by inserting or, in the case of a recommendation under section 616(g) of this title, the determination of the Secretary concerned after section 615(b) of this title each place it appears; and

(3)

in paragraph (2), by striking law, regulation, and such guidelines and inserting law, regulation, such guidelines, and the determination of the Secretary concerned,.

(c)

Priority in promotion list

Section 624(a)(1) of such title is amended by inserting , subject to section 616(g) of this title after active-duty list.

504.

Deferred deployment for members who give birth

Section 701 of title 10, United States Code, is amended by adding at the end the following new subsection:

(l)

A member of the armed forces who gives birth while on active duty may not be deployed during the period of 12 months beginning on the date of such birth except—

(1)

at the election of such member; and

(2)

with the approval of a health care provider employed at a military medical treatment facility.

.

505.

Codification of lowered grade for retired officers or persons who committed misconduct in a lower grade

(a)

In general

Subsection (b) of section 1370 of title 10, United States Code, is amended—

(1)

in the heading, by striking next;

(2)

by striking An and inserting (1) An; and

(3)

by adding at the end the following new paragraph:

(2)

In the case of an officer or person whom the Secretary concerned determines committed misconduct in a lower grade, the Secretary concerned may determine the officer or person has not served satisfactorily in any grade equal to or higher than that lower grade.

.

(b)

Conforming amendments

Such section is amended—

(1)

in subsection (a)(1)—

(A)

by striking higher and inserting different; and

(B)

by striking except as provided in paragraph (2) and inserting subject to paragraph (2) and subsection (b);

(2)

in subsection (c)(1), by striking An officer and inserting Subject to subsection (b), an officer; and

(3)

in subsection (d)(1)—

(A)

by striking higher each place it appears and inserting different; and

(B)

by inserting , subject to subsection (b), before shall.

506.

Retention of military technicians who lose dual status under certain circumstances

Section 10216(g) of title 10, United States Code, is amended—

(1)

in paragraph (1), by striking as the result of a combat-related disability (as defined in section 1413a of this title), the person may be retained and inserting for any reason other than a disqualification described in subparagraph (B), the Secretary shall appoint that person to a position under section 3101 of title 5, in accordance with section 2102(a) of that title,;

(2)

in paragraph (1)(A), by striking the combat-related; and

(3)

by striking paragraph (3).

B

Reserve Component Management

511.

Placement of National Guard military technicians (dual status) in the competitive service

Section 10508 of title 10, United States Code, is amended—

(1)

in subsection (b)(1), by striking sections 2103 and inserting sections 2102; and

(2)

by adding at the end the following:

(c)

Treatment of military technician (dual status)

(1)

Prior conversions

Not later than 30 days after the date of enactment of this subsection, the Chief of the National Guard Bureau shall convert any military technician (dual status) occupying a position in the excepted service to a position in the competitive service. For purposes of this paragraph, the term military technician (dual status) means any military technician (dual status) of the National Guard of any State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands who, before the date of enactment of this subsection, was converted to a position in the excepted service by operation of this section and section 1053 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 981; 10 U.S.C. 10216 note).

(2)

Future conversions

Any military technician (dual status) of the National Guard of any State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands converted under this section and such section 1053 after the date of enactment of this subsection to a position filled by individuals who are employed under section 3101 of title 5 shall be converted to a position in the competitive service.

(3)

Definitions

In this subsection—

(A)

the term competitive service has the meaning given that term in section 2102 of title 5; and

(B)

the term excepted service has the meaning given that term in section 2103 of such title.

.

512.

Authorized strength and distribution in grade

(a)

Strength and grade authorizations

Section 12011(a) of title 10, United States Code is amended by striking those parts of the table pertaining to the Air National Guard and inserting the following:

Air National Guard:
MajorLieutenant ColonelColonel
10,000763745333
12,000915923377
14,0001,0651,057402
16,0001,2111,185426
18,0001,3471,313450
20,0001,4631,440468
22,0001,6061,569494
24,0001,7391,697517
26,0001,8721,825539
28,0002,0051,954562
30,0002,1382,082585
32,0002,2712,210608
34,0002,4042,338630
36,0002,5372,466653
38,0002,6702,595676
40,0002,8032,723698

.

(b)

Strength and grade authorizations

Section 12012(a) of title 10, United States Code is amended by striking those parts of the table pertaining to the Air National Guard and inserting the following:

Air National Guard:
E-8E-9
10,0001,350550
12,0001,466594
14,0001,582636
16,0001,698676
18,0001,814714
20,0001,930752
22,0002,046790
24,0002,162828
26,0002,278866
28,0002,394904
30,0002,510942
32,0002,626980
34,0002,7421,018
36,0002,8581,056
38,0002,9741,094
40,0003,0901,132

.

513.

National Guard Promotion Accountability

(a)

Short title

This section may be cited as the National Guard Promotion Accountability Act.

(b)

Date of rank of commissioned National Guard officers promoted to a higher grade

(1)

In general

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

(A)

by inserting (1) before The effective date;

(B)

in paragraph (1), as designated by subparagraph (A) of this paragraph, by striking on which such Federal recognition in that grade is so extended and inserting of the approval of the promotion of the officer to that grade by the State concerned; and

(C)

by adding at the end the following new paragraph:

(2)
(A)

Notwithstanding subsection (c)(1), the date of rank in a higher grade of an officer whose effective date of promotion to such grade is governed by paragraph (1) shall be such effective date of promotion.

(B)

The specification of the date of rank of an officer in a grade pursuant to subparagraph (A) shall be deemed an adjustment of the date of rank of the officer to that grade in the manner of section 741(d)(4) of this title, pursuant to subsection (c)(2), to which section 741(d)(4)(C) of this title shall apply, notwithstanding subsection (c)(3).

.

(2)

Effective date

The amendments made by paragraph (1) shall take effect on the date of the enactment of this Act, and shall apply with respect to National Guard officers whose promotion to a grade is approved by a State after that date.

(c)

Notice to Congress on delay in publication of scrolls indicating promotion of commissioned National Guard officers

(1)

Notice required

If at the end of the 200-day period beginning on the receipt by the Department of the Army or the Department of the Air Force of a scroll indicating the promotion of commissioned officers in the Army National Guard or Air National Guard, as applicable, the scroll has not been published by the military department concerned, the Secretary of the Army or the Secretary of the Air Force, as the case may be, shall immediately notify the congressional defense committees, in writing, of the following:

(A)

The date on which the scroll was so received.

(B)

A description of the processing of the scroll by the military department concerned as of the date of the report, including a statement of the length of time in processing at each stage in the process through that date.

(C)

The reason why the scroll was not published within 200 days of receipt, and the intended remediation for the delay in publication.

(2)

Definitions

In this subsection:

(A)

The term congressional defense committees has the meaning given such term in section 101(a)(16) of title 10, United States Code.

(B)

The term scroll has the meaning given that term in Department of Defense Instruction 1310.02, and any successor instruction or document.

514.

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

Section 514 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) is amended—

(1)

in subsection (d), by striking 2020 and inserting 2021; and

(2)

in subsection (f), by striking 2019 and inserting 2020.

C

General Service Authorities and Correction of Military Records

521.

Enlistments vital to the national interest

(a)

In general

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

(1)

in paragraph (2)—

(A)

by inserting and subject to paragraph (3), after Notwithstanding paragraph (1),;

(B)

by striking enlistment is vital to the national interest. and inserting person possesses a skill or expertise—; and

(C)

by adding at the end the following new subparagraphs:

(A)

that is vital to the national interest; and

(B)

that the person will use in daily duties as a member of the armed forces.

; and

(2)

by adding at the end the following new paragraph (3):

(3)
(A)

No person who enlists under paragraph (2) may report to initial training until after the Secretary concerned has completed all required background investigations and security and suitability screening as determined by the Secretary of Defense regarding that person.

(B)

A Secretary concerned may not authorize more than 1,000 enlistments under paragraph (2) per military department in a calendar year until after—

(i)

the Secretary of Defense submits to Congress written notice of the intent of that Secretary concerned to authorize more than 1,000 such enlistments in a calendar year; and

(ii)

a period of 30 days has elapsed after the date on which Congress receives the notice.

.

(b)

Report

(1)

In general

Not later than December 31, 2019, and annually thereafter for each of the subsequent four years, the Secretary concerned shall submit a report to the Committees on Armed Services and the Judiciary of the Senate and the House of Representatives regarding persons who enter into enlistment contracts under section 504(b)(2) of title 10, United States Code, as amended by subsection (a).

(2)

Elements

Each report under this subsection shall include the following:

(A)

The number of such persons who have entered into such contracts during the preceding calendar year.

(B)

How many such persons have successfully completed background investigations and vetting procedures.

(C)

How many such persons have begun initial training.

(D)

The skills that are vital to the national interest that such persons possess.

522.

Statement of benefits

(a)

In general

Chapter 58 of title 10, United States Code, is amended by adding at the end the following new section:

1155.

Statement of benefits

(a)

Before separation

Not later than 30 days before a member retires, is released, is discharged, or otherwise separates from the armed forces (or as soon as is practicable in the case of an unanticipated separation), the Secretary concerned shall provide that member with a current assessment of all benefits to which that member is entitled under laws administered by—

(1)

the Secretary of Defense; and

(2)

the Secretary of Veterans Affairs.

(b)

Annual statement for reserves

Not less than once each year, the Secretary concerned shall provide each member of a reserve component with a current assessment of benefits described in subsection (a).

.

(b)

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1154 the following new item:

1155. Statement of benefits.

.

523.

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

(a)

Public-private partnerships

Subsection (a) of section 1501a of title 10, United States Code, is amended by adding at the end the following new sentence: An employee of an entity outside the Government that has entered into a public-private partnership, cooperative agreement, or a grant arrangement with, or in direct support of, the designated Defense Agency under this section shall be considered to be an employee of the Federal Government by reason of participation in such partnership, cooperative agreement, or grant, only for the purposes of section 552a of title 5 (relating to maintenance of records on individuals)..

(b)

Authority to accept gifts in support of mission to account for missing persons from past conflicts

Such section is further amended—

(1)

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

(2)

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

(e)

Acceptance of gifts

(1)

Authority to accept

Subject to subsection (f)(2), the Secretary may accept, hold, administer, spend, and use any gift of personal property, money, or services made on the condition that the gift be used for the purpose of facilitating accounting for missing persons pursuant to section 1501(a)(2)(C) of this title.

(2)

Gift funds

Gifts and bequests of money accepted under this subsection shall be deposited in the Treasury in the Department of Defense General Gift Fund.

(3)

Use of gifts

Personal property and money accepted under this subsection may be used by the Secretary, and services accepted under this subsection may be performed, without further specific authorization in law.

(4)

Expenses of transfer

The Secretary may pay all necessary expenses in connection with the conveyance or transfer of a gift accepted under this subsection.

(5)

Expenses of care

The Secretary may pay all reasonable and necessary expenses in connection with the care of a gift accepted under this subsection.

; and

(3)

by adding at the end of subsection (g), as redesignated by paragraph (1) of this subsection, the following new paragraph:

(3)

Gift

The term gift includes a devise or bequest.

.

(c)

Conforming amendment

Subsection (a) of such section is further amended by striking subsection (e)(1) and inserting subsection (f)(1).

524.

Correction of military records website

(a)

In general

Section 1552(a)(5) of title 10, United States Code, is amended by striking the second sentence and inserting the following: The Secretary shall also publish on such website a summary of each such decision, indexed by subject matter. The Secretary shall redact all personally identifiable information from any such decision and summary.

(b)

Effective date

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

525.

Modification of DD Form 214 to include email addresses

(a)

In general

The Secretary of Defense shall modify the Certificate of Release or Discharge from Active Duty (DD Form 214) by adding an entry block in which a member of the Armed Forces may provide one or more email addresses at which the member may be contacted after separation from active duty in the Armed Forces.

(b)

Deadline

The Secretary shall carry out subsection (a) not later than one year after the date of the enactment of this Act.

526.

Public availability of reports related to senior leader misconduct

(a)

Establishment of website

The Secretary of Defense and each Secretary of a military department shall make available on a public website of the Department of Defense all reports on substantiated investigations of misconduct completed by the Inspectors General of the Department and each military department regarding—

(1)

an officer in the grade of O-7 or higher;

(2)

an officer selected for promotion to grade O-7; or

(3)

a civilian member of the Senior Executive Service.

(b)

Published reports

Each report under subsection (a) shall be—

(1)

properly redacted;

(2)

segregated from documents regarding ongoing investigations (including announcements);

(3)

labelled with the name of subject of the investigation; and

(4)

searchable by the name of subject of the investigation.

(c)

Deadline

The Secretary shall carry out this section not later than 90 days after the enactment of this Act.

527.

Appointment and training of personnel to staff the board of corrections for military and naval records

(a)

In general

The Secretary of Defense, in consultation with the Service Secretaries and Joint Chiefs, shall provide for the appointment and training of qualified personnel to join the staff of the Boards of Corrections for Military and Naval Records.

(b)

Authorization of appropriations

There is authorized to be appropriated for the Department of Defense a total of $3,000,000.00, in order to carry out the training required by subsection (a) and to provide related equipment and accommodations.

D

Military Justice

531.

Minimum confinement period required for conviction of certain sex-related offenses committed by members of the Armed Forces

Section 856(b)(1) of title 10, United States Code (article 56(b)(1) of the Uniform Code of Military Justice), is amended by striking such punishment must include, at a minimum, dismissal or dishonorable discharge, except as provided for in section 860 of this title (article 60) and inserting except as provided for in section 860 of this title (article 60), such punishment must include, at a minimum—

(A)

dismissal or dishonorable discharge; and

(B)

confinement for two years.

.

532.

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

(a)

In general

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

928a. Art 128a.

Domestic violence

(a)

Domestic violence

Any person subject to this chapter who, unlawfully and with force or violence, attempts, offers to, or does intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound another person of whom the person is an intimate partner is guilty of domestic violence and shall be punished as a court-martial may direct.

(b)

Aggravated domestic violence

Any person subject to this chapter who, in committing domestic violence, uses a weapon, means, or force in a manner likely to produce death or grievous bodily harm is guilty of aggravated domestic violence and shall be punished as a court-martial may direct.

.

(b)

Clerical amendment

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

928a. 128a. Domestic violence.

.

533.

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

Section 546(c)(2) of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 10 U.S.C. 1561 note) is amended by adding at the end the following new sentence: After a majority vote by the Advisory Committee and upon request of the Chair of the Advisory Committee, the Secretary of Defense shall provide to the Advisory Committee information the Secretary determines is relevant to the scope and mission of the Advisory Committee under this section..

534.

Modification of Military Rules of Evidence to exclude admissibility of general military character toward probability of innocence in any offense not strictly related to performance of military duties

(a)

In general

Not later than 180 days after the date of the enactment of this Act, Rule 404(a) of the Military Rules of Evidence shall be amended to provide that the general military character of an accused is not admissible for the purpose of showing the probability of innocence of the accused for any offense under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), unless such offense is strictly and solely related to the performance of military duties.

(b)

Specification of offenses for which admissibility allowed

(1)

In general

Each Secretary concerned shall specify, and may from time to time modify, the offenses under chapter 47 of title 10, United States Code, for which the military character of members of the Armed Forces under the jurisdiction of such Secretary is admissible pursuant to subsection (a) as a result of such offense being strictly and solely related to the performance of military duties.

(2)

Approval of President required

The specification of an offense pursuant to paragraph (1), and any modification of such specification, shall not be effective unless approved by the President.

(3)

Secretary concerned defined

In this subsection, the term Secretary concerned has the meaning given that term in section 101(a)(9) of title 10, United States Code.

535.

Improved crime reporting

(a)

In general

The Secretary of Defense, in consultation with the secretaries of the military departments, shall establish a consolidated tracking process for the entire Department of Defense to ensure increased oversight of the timely submission of crime reporting data to the Federal Bureau of Investigation under section 922(g) of title 18, United States Code, and Department of Defense Instruction 5505.11, Fingerprint Card and Final Disposition Report Submission Requirements. The tracking process shall, to the maximum extent possible, standardize and automate reporting and increase the ability of the Department to track such submissions.

(b)

Report required

Not later than July 1, 2019, the Secretary of Defense shall submit a report to the Committees on Armed Services of the Senate and House of Representatives that details the tracking process.

536.

Oversight of registered sex offender management program

(a)

Designation of official or entity

The Secretary of Defense shall designate a single official or entity within the Office of the Secretary of Defense to serve as the official or entity (as the case may be) with principal responsibility in the Department of Defense for providing oversight of the registered sex offender management program of the Department.

(b)

Duties

The official or entity designated under subsection (a) shall—

(1)

monitor compliance with Department of Defense Instruction 5525.20 and other relevant polices;

(2)

compile data on members serving in the military departments who have been convicted of a qualifying sex offense, including data on the sex offender registration status of each such member;

(3)

maintain statistics on the total number of active duty service members in each military department who are required to register as sex offenders; and

(4)

perform such other duties as the Secretary of Defense determines to be appropriate.

(c)

Briefing required

Not later than June 1, 2019, the Secretary of Defense shall provide to the Committee on Armed Services of the House of Representatives a briefing on—

(1)

the compliance of the military departments with the policies of the Department of Defense relating to registered sex offenders;

(2)

the results of the data compilation described in subsection (b)(2); and

(3)

any other matters the Secretary determines to be appropriate.

(d)

Military departments defined

In this section, the term military departments has the meaning given that term in section 101(a)(8) of title 10, United States Code.

E

Other Legal Matters

541.

Security clearance reinvestigation of certain personnel who commit certain offenses

Section 1564 of title 10, United States Code, is amended—

(1)

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

(2)

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

(c)

Reinvestigation of certain individuals

(1)

The Secretary of Defense shall conduct an investigation under subsection (a) of any individual described in paragraph (2) upon—

(A)

conviction of that individual by a court of competent jurisdiction for—

(i)

sexual assault;

(ii)

sexual harassment;

(iii)

fraud against the United States; or

(iv)

any other violation that the Secretary determines renders that individual susceptible to blackmail or raises serious concern regarding the ability of that individual to hold a security clearance; or

(B)

determination by a commanding officer that the individual has committed an offense described in subparagraph (A).

(2)

An individual described in this paragraph has a security clearance and is—

(A)

a flag officer;

(B)

a general officer; or

(C)

an employee of the Department of Defense in the Senior Executive Service.

(3)

The Secretary shall conduct an investigation under this subsection of an individual described in paragraph (2) regardless of whether that individual has retired or resigned, is discharged or released, or otherwise separated from the armed forces or Department of Defense.

(4)

In this subsection:

(A)

The term sexual assault includes rape, sexual assault, forcible sodomy, aggravated sexual contact, abusive sexual contact, and attempts to commit such offenses, as those terms are defined in the Uniform Code of Military Justice.

(B)

The term sexual harassment has the meaning given that term in section 1561 of this title.

(C)

The term fraud against the United States means a violation of section 932 of this title (Article 132 of the Uniform Code of Military Justice).

.

542.

Consideration of application for transfer for a student of a military service academy who is the victim of a sexual assault or related offense

(a)

Military Academy

Section 4361 of title 10, United States Code, is amended by adding at the end the following new subsection (e):

(e)

Consideration of application for transfer for a cadet who is the victim of a sexual assault or related offense

(1)

The Secretary of the Army shall provide for timely determination and action on an application for consideration of a transfer to another military service academy submitted by a cadet who was a victim of a sexual assault or other offense covered by section 920, 920a, or 920c of this title (article 120, 120a, or 120c of the Uniform Code of Military Justice) so as to reduce the possibility of retaliation against the cadet for reporting the sexual assault or other offense.

(2)

The Secretary of the Army shall prescribe regulations to carry out this subsection, within guidelines provided by the Secretary of Defense that direct the Superintendent of the Military Academy, in coordination with the Superintendent of the military service academy to which the cadet wishes to transfer, to approve or deny an application under this subsection not later than 72 hours after the submission of the application. If the Superintendent denies such an application, the cadet may request review of the denial by the Secretary of the Army, who shall grant or deny review not later than 72 hours after submission of the request for review.

.

(b)

Naval Academy

Section 6980 of title 10, United States Code, is amended by adding at the end the following new subsection (e):

(e)

Consideration of application for transfer for a midshipman who is the victim of a sexual assault or related offense

(1)

The Secretary of the Navy shall provide for timely determination and action on an application for consideration of a transfer to another military service academy submitted by a midshipman who was a victim of a sexual assault or other offense covered by section 920, 920a, or 920c of this title (article 120, 120a, or 120c of the Uniform Code of Military Justice) so as to reduce the possibility of retaliation against the midshipman for reporting the sexual assault or other offense.

(2)

The Secretary of the Navy shall prescribe regulations to carry out this subsection, within guidelines provided by the Secretary of Defense that direct the Superintendent of the Naval Academy, in coordination with the Superintendent of the military service academy to which the midshipman wishes to transfer, to approve or deny an application under this subsection not later than 72 hours after the submission of the application. If the Superintendent denies such an application, the midshipman may request review of the denial by the Secretary of the Navy, who shall grant or deny review not later than 72 hours after submission of the request for review.

.

(c)

Air Force Academy

Section 9361 of title 10, United States Code, is amended by adding at the end the following new subsection (e):

(e)

Consideration of application for transfer for a cadet who is the victim of a sexual assault or related offense

(1)

The Secretary of the Air Force shall provide for timely determination and action on an application for consideration of a transfer to another military service academy submitted by a cadet who was a victim of a sexual assault or other offense covered by section 920, 920a, or 920c of this title (article 120, 120a, or 120c of the Uniform Code of Military Justice) so as to reduce the possibility of retaliation against the cadet for reporting the sexual assault or other offense.

(2)

The Secretary of the Air Force shall prescribe regulations to carry out this subsection, within guidelines provided by the Secretary of Defense that direct the Superintendent of the Air Force Academy, in coordination with the Superintendent of the military service academy to which the cadet wishes to transfer, to approve or deny an application under this subsection not later than 72 hours after the submission of the application. If the Superintendent denies such an application, the cadet may request review of the denial by the Secretary of the Air Force, who shall grant or deny review not later than 72 hours after submission of the request for review.

.

543.

Standardization of policies related to expedited transfer in cases of sexual assault

(a)

Policies for members

The Secretary of Defense shall modify all policies related to the expedited transfer of a member of the Army, Navy, Air Force, or Marine Corps who is the victim of sexual assault (regardless of whether the case is handled under the Sexual Assault Prevention and Response Program or Family Advocacy Program) that the Secretary determines necessary to establish a standardized expedited transfer process for such members, consistent with section 673 of title 10, United States Code.

(b)

Policies for dependents of members

The Secretary of Defense shall establish a policy to allow the transfer of a member of the Army, Navy, Air Force, or Marine Corps whose dependent is the victim of sexual assault perpetrated by a member of the Armed Forces who is not related to the victim.

544.

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

(a)

Development

The Secretary of Defense shall develop a plan for overseeing the implementation of the instruction titled Harassment Prevention and Response in the Armed Forces, published on February 8, 2018 (DODI–1020.03).

(b)

Elements

The plan under subsection (a) shall require the military services and other components of the Department of Defense to take steps by certain dates to implement harassment prevention and response programs under such instruction, including no less than the following:

(1)

Submitting implementation plans to the Director, Force Resiliency.

(2)

Incorporating results-oriented performance measures that assess the effectiveness of harassment prevention and response programs.

(3)

Adopting compliance standards for promoting, supporting, and enforcing policies, plans, and programs.

(4)

Tracking, collecting, and reporting data and information on sexual harassment incidents based on standards established by the Secretary.

(5)

Instituting anonymous complaint mechanisms.

(c)

Report

Not later than July 1, 2019, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the oversight plan developed under this section. The report shall include, for each military service and component of the Department of Defense, the implementation status of each element of the oversight plan.

545.

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

(a)

Development

Not later than 30 days after the date of the enactment of this Act, each Superintendent of a military service academy shall develop and maintain a resource guide for students at the respective military service academies regarding sexual assault.

(b)

Elements

Each guide developed under this section shall include the following information with regards to the relevant military service academy:

(1)

Process Overview and Definitions

(A)

A clear explanation of prohibited conduct, including examples.

(B)

A clear explanation of consent.

(C)

Victims’ rights.

(D)

Clearly described complaint process, including multiple ways to file a complaint.

(E)

Explanations of restricted and unrestricted reporting.

(F)

List of mandatory reporters.

(G)

Protections from retaliation.

(H)

Assurance that leadership will take immediate and proportionate corrective action.

(I)

References to specific policies.

(J)

Additional resources for survivors.

(2)

Emergency Services

(A)

Contact information.

(B)

Location.

(3)

Support and counseling

Contact information for the following support and counseling resources:

(A)

The Sexual Assault Prevention and Response Victim Advocate or other equivalent advocate or counselor available to students in cases of sexual assault.

(B)

The Sexual Harassment/Assault Response and Prevention Resource Program Center.

(C)

Peer counseling.

(D)

Medical care.

(E)

Legal counsel.

(F)

Hotlines.

(G)

Chaplain or other spiritual representatives.

(4)

Escalation

(A)

A victim may report an incident to any authority.

(B)

A victim may consult any authority named in this paragraph.

(C)

The Superintendent determines the outcome of an investigation and has the authority to convene a court-martial after an initial hearing.

(D)

The Secretary of the military department concerned reviews determinations in cases not referred for trial by court-martial.

(E)

The Inspector General reviews cases of reprisal or professional retaliation.

(F)

A Member of Congress (as that term is defined in section 1563 of title 10, United States Code).

(c)

Distribution

Each Superintendent shall provide a copy of the current guide developed by that Superintendent under this section—

(1)

not later than 30 days after completing development under subsection (a) to each student who is enrolled at the military service academy of that Superintendent on the date of the enactment of this Act;

(2)

at the beginning of each academic year after the date of the enactment of this Act to each student who enrolls at the military service academy of that Superintendent; and

(3)

as soon as practicable to a student at the military service academy of that Superintendent reports that such student is a victim of sexual assault.

546.

Report on victims in MCIO reports

Not later than September 30, 2019, and not less than once every two years thereafter, the Secretary of Defense, through the Defense Advisory Committee on Investigations, Prosecutions, and Defense of Sexual Assault in the Armed Forces, shall submit to Congress a report regarding the frequency at which individuals, who are identified as victims of sexual offenses in case files of military criminal investigative organizations (hereinafter, MCIO), are accused of or punished for misconduct or crimes considered collateral to the investigation of sexual assault during the MCIO investigations in which the individuals were so identified.

F

Member Education, Training, Resilience, and Transition

551.

Permanent career intermission program

(a)

Codification and permanent authority

Chapter 40 of title 10, United States Code, is amended by adding at the end the following new section 710:

710.

Career flexibility to enhance retention of members

(a)

Programs authorized

Each Secretary of a military department may carry out programs under which members of the regular components and members on Active Guard and Reserve duty of the armed forces under the jurisdiction of such Secretary may be inactivated from active service in order to meet personal or professional needs and returned to active service at the end of such period of inactivation from active service.

(b)

Period of inactivation from active service; Effect of inactivation

(1)

The period of inactivation from active service under a program under this section of a member participating in the program shall be such period as the Secretary of the military department concerned shall specify in the agreement of the member under subsection (c), except that such period may not exceed three years.

(2)

Any service by a Reserve officer while participating in a program under this section shall be excluded from computation of the total years of service of that officer pursuant to section 14706(a) of this title.

(3)

Any period of participation of a member in a program under this section shall not count toward—

(A)

eligibility for retirement or transfer to the Ready Reserve under either chapter 571 or 1223 of this title; or

(B)

computation of retired or retainer pay under chapter 71 or 1223 of this title.

(c)

Agreement

Each member of the armed forces who participates in a program under this section shall enter into a written agreement with the Secretary of the military department concerned under which agreement that member shall agree as follows:

(1)

To accept an appointment or enlist, as applicable, and serve in the Ready Reserve of the armed force concerned during the period of the inactivation of the member from active service under the program.

(2)

To undergo during the period of the inactivation of the member from active service under the program such inactive service training as the Secretary concerned shall require in order to ensure that the member retains proficiency, at a level determined by the Secretary concerned to be sufficient, in the military skills, professional qualifications, and physical readiness of the member during the inactivation of the member from active service.

(3)

Following completion of the period of the inactivation of the member from active service under the program, to serve two months as a member of the armed forces on active service for each month of the period of the inactivation of the member from active service under the program.

(d)

Conditions of release

The Secretary of Defense shall prescribe regulations specifying the guidelines regarding the conditions of release that must be considered and addressed in the agreement required by subsection (c). At a minimum, the Secretary shall prescribe the procedures and standards to be used to instruct a member on the obligations to be assumed by the member under paragraph (2) of such subsection while the member is released from active service.

(e)

Order to active service

Under regulations prescribed by the Secretary of the military department concerned, a member of the armed forces participating in a program under this section may, in the discretion of such Secretary, be required to terminate participation in the program and be ordered to active service.

(f)

Pay and allowances

(1)

During each month of participation in a program under this section, a member who participates in the program shall be paid basic pay in an amount equal to two-thirtieths of the amount of monthly basic pay to which the member would otherwise be entitled under section 204 of title 37 as a member of the uniformed services on active service in the grade and years of service of the member when the member commences participation in the program.

(2)
(A)

A member who participates in a program shall not, while participating in the program, be paid any special or incentive pay or bonus to which the member is otherwise entitled under an agreement under chapter 5 of title 37 that is in force when the member commences participation in the program.

(B)

The inactivation from active service of a member participating in a program shall not be treated as a failure of the member to perform any period of service required of the member in connection with an agreement for a special or incentive pay or bonus under chapter 5 of title 37 that is in force when the member commences participation in the program.

(3)
(A)

Subject to subparagraph (B), upon the return of a member to active service after completion by the member of participation in a program—

(i)

any agreement entered into by the member under chapter 5 of title 37 for the payment of a special or incentive pay or bonus that was in force when the member commenced participation in the program shall be revived, with the term of such agreement after revival being the period of the agreement remaining to run when the member commenced participation in the program; and

(ii)

any special or incentive pay or bonus shall be payable to the member in accordance with the terms of the agreement concerned for the term specified in clause (i).

(B)
(i)

Subparagraph (A) shall not apply to any special or incentive pay or bonus otherwise covered by that subparagraph with respect to a member if, at the time of the return of the member to active service as described in that subparagraph—

(I)

such pay or bonus is no longer authorized by law; or

(II)

the member does not satisfy eligibility criteria for such pay or bonus as in effect at the time of the return of the member to active service.

(ii)

Subparagraph (A) shall cease to apply to any special or incentive pay or bonus otherwise covered by that subparagraph with respect to a member if, during the term of the revived agreement of the member under subparagraph (A)(i), such pay or bonus ceases being authorized by law.

(C)

A member who is ineligible for payment of a special or incentive pay or bonus otherwise covered by this paragraph by reason of subparagraph (B)(i)(II) shall be subject to the requirements for repayment of such pay or bonus in accordance with the terms of the applicable agreement of the member under chapter 5 of title 37.

(D)

Any service required of a member under an agreement covered by this paragraph after the member returns to active service as described in subparagraph (A) shall be in addition to any service required of the member under an agreement under subsection (c).

(4)
(A)

Subject to subparagraph (B), a member who participates in a program is entitled, while participating in the program, to the travel and transportation allowances authorized by section 474 of title 37 for—

(i)

travel performed from the residence of the member, at the time of release from active service to participate in the program, to the location in the United States designated by the member as his residence during the period of participation in the program; and

(ii)

travel performed to the residence of the member upon return to active service at the end of the participation of the member in the program.

(B)

An allowance is payable under this paragraph only with respect to travel of a member to and from a single residence.

(5)

A member who participates in a program is entitled to carry forward the leave balance existing as of the day on which the member begins participation and accumulated in accordance with section 701 of this title, but not to exceed 60 days.

(g)

Promotion

(1)
(A)

An officer participating in a program under this section shall not, while participating in the program, be eligible for consideration for promotion under chapter 36 or 1405 of this title.

(B)

Upon the return of an officer to active service after completion by the officer of participation in a program—

(i)

the Secretary of the military department concerned shall adjust the date of rank of the officer in such manner as the Secretary of Defense shall prescribe in regulations for purposes of this section; and

(ii)

the officer shall be eligible for consideration for promotion when officers of the same competitive category, grade, and seniority are eligible for consideration for promotion.

(2)

An enlisted member participating in a program shall not be eligible for consideration for promotion during the period that—

(A)

begins on the date of the inactivation of the member from active service under the program; and

(B)

ends at such time after the return of the member to active service under the program that the member is treatable as eligible for promotion by reason of time in grade and such other requirements as the Secretary of the military department concerned shall prescribe in regulations for purposes of the program.

(h)

Continued entitlements

A member participating in a program under this section shall, while participating in the program, be treated as a member of the armed forces on active duty for a period of more than 30 days for purposes of—

(1)

the entitlement of the member and of the dependents of the member to medical and dental care under the provisions of chapter 55 of this title; and

(2)

retirement or separation for physical disability under the provisions of chapters 55 and 61 of this title.

.

(b)

Technical and conforming amendments

(1)

Table of sections

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 709a the following new item:

710. Career flexibility to enhance retention of members.

(2)

Conforming repeal

Section 533 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (10 U.S.C. prec. 701 note) is repealed.

552.

Improvements to Transition Assistance Program

(a)

Pathways for TAP

(1)

In general

Section 1142 of title 10, United States Code, is amended—

(A)

in the section heading by striking medical and inserting certain;

(B)

in subsection (a)—

(i)

in paragraph (1), by inserting (regardless of character of discharge) after discharge;

(ii)

in paragraph (3)(A)—

(I)

by striking as soon as possible during the 12-month period preceding and inserting not later than 365 days before;

(II)

by striking 90 days and inserting 365 days; and

(III)

by striking discharge or release and inserting retirement or other separation; and

(iii)

in paragraph (3)(B)—

(I)

by striking 90 and inserting 365; and

(II)

by striking 90-day and inserting 365-day;

(C)

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

(D)

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

(c)

Counseling pathways

(1)

Each Secretary concerned, in consultation with the Secretaries of Labor and Veterans Affairs, shall establish at least three pathways for members of the military department concerned receiving individualized counseling under this section. The Secretaries shall design the pathways to address the needs of members, based on the following factors:

(A)

Rank.

(B)

Term of service.

(C)

Gender.

(D)

Whether the member was a member of a regular or reserve component of an armed force.

(E)

Disability.

(F)

Character of discharge (including expedited discharge and discharge under conditions other than honorable).

(G)

Health (including mental health).

(H)

Military occupational specialty.

(I)

Whether the member intends, after separation, retirement, or discharge, to—

(i)

seek employment;

(ii)

enroll in a program of higher education;

(iii)

enroll in a program of vocational training; or

(iv)

become an entrepreneur.

(J)

The educational history of the member.

(K)

The employment history of the member.

(L)

Whether the member has secured—

(i)

employment;

(ii)

enrollment in a program of education; or

(iii)

enrollment in a program of vocational training.

(M)

Other factors the Secretary of Defense and the Secretary of Homeland Security, in consultation with the Secretaries of Labor and Veterans Affairs, determine appropriate.

(2)

Each member described in subsection (a) shall meet in person or by video conference with a counselor before beginning counseling under this section to—

(A)

take a self-assessment designed by the Secretary concerned (in consultation with the Secretaries of Labor and Veterans Affairs) to ensure that the Secretary concerned places the member in the appropriate pathway under this subsection; and

(B)

receive information from the counselor regarding reenlistment in the armed forces; and

(C)

receive information from the counselor regarding resources—

(i)

for members of the armed forces separated, retired, or discharged;

(ii)

located in the community in which the member will reside after separation, retirement, or discharge.

(3)

At the meeting under paragraph (2), the member may elect to have the Secretary concerned (in consultation with the Secretaries of Labor and Veterans Affairs) provide the contact information of the member to the resources described in paragraph (2)(B).

; and

(E)

by adding at the end the following new subsection:

(e)

Joint service transcript

(1)

The Secretary concerned shall provide a copy of the joint service transcript of a member described in subsection (a) to—

(A)

that member—

(i)

at the meeting with a counselor under subsection (c)(2); and

(ii)

on the day the member separates, retires, or is discharged.

(B)

the Secretary of Veterans Affairs on the day the member separates, retires, or is discharged.

(2)

The Secretary of Veterans Affairs shall ensure that a member who has separated, retired, or is discharged may access the joint service transcript of that member from a website of the Department of Veterans Affairs not later than one year after the day the member separates, retires, or is discharged.

.

(2)

Deadline

Each Secretary concerned shall carry out subsection (c) of such section, as amended by paragraph (1), not later than one year after the date of the enactment of this Act.

(3)

GAO study

Not later than one year after the Secretaries concerned carry out subsection (c) of such section, as amended by paragraph (1), the Comptroller General of the United States shall submit to Congress a review of the pathways for the Transition Assistance Program established under such subsection (c).

(b)

Contents of TAP

(1)

In general

Section 1144 of title 10, United States Code, is amended—

(A)

in subsection (a), by striking Such services and inserting Subject to subsection (f)(2), such services; and

(B)

by amending subsection (f) to read as follows:

(f)

Program contents

(1)

The program carried out under this section shall consist of instruction as follows:

(A)

One day of preseparation training specific to the armed force concerned, as determined by the Secretary concerned.

(B)

One day of instruction regarding—

(i)

benefits under laws administered by the Secretary of Veterans Affairs; and

(ii)

other subjects determined by the Secretary concerned.

(C)

One day of instruction regarding preparation for employment.

(D)

Two days of instruction regarding a topic selected by the member from the following subjects:

(i)

Preparation for employment.

(ii)

Preparation for education.

(iii)

Preparation for vocational training.

(iv)

Preparation for entrepreneurship.

(v)

Other options determined by the Secretary concerned.

(2)

The Secretary concerned may permit a member to attend training and instruction under the program established under this section—

(A)

before the time periods established under section 1142(a)(3) of this title;

(B)

in addition to such training and instruction required during such time periods.

.

(2)

Deadline

The Transition Assistance Program shall comply with the requirements of section 1144(f) of title 10, United States Code, as amended by paragraph (1), not later than one year after the date of the enactment of this Act.

(3)

Action plan

Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit an action plan to the congressional defense committees that—

(A)

details how the Secretary shall implement the requirements of section 1144(f) of title 10, United States Code, as amended by paragraph (1); and

(B)

details how the Secretary, in consultation with the Secretaries of Veterans Affairs and Labor, shall establish standardized performance metrics to measure Transition Assistance Program participation and outcome-based objective benchmarks in order to—

(i)

provide feedback to the Departments of Defense, Veterans Affairs, and Labor;

(ii)

improve the curriculum of the Transition Assistance Program;

(iii)

share best practices; and

(iv)

facilitate effective oversight of the Transition Assistance Program.

(4)

Report

On the date that is two years after the date of the enactment of this Act and annually thereafter for the subsequent four years, the Secretary of Defense shall submit to the Committees on Armed Services and Veterans' Affairs of the Senate and the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives, a report regarding members of the Armed Forces who have attended Transition Assistance Program counseling during the preceding year. The report shall detail the following:

(A)

The total number of members who attended Transition Assistance Program counseling.

(B)

The number of members who attended Transition Assistance Program counseling under paragraph (1) of section 1144(f) of title 10, as amended by paragraph (1).

(C)

The number of members who attended Transition Assistance Program counseling under paragraph (2) of such section.

(D)

The number of members who elected to attend each two-day instruction under paragraph (1)(D) of such section.

553.

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

Section 1595(c) of title 10, United States Code, is amended by adding at the end the following new paragraph:

(5)

The Joint Special Operations University.

.

554.

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

Section 2015(a) of title 10, United States Code, is amended by striking related to military training and all that follows through the period at the end of paragraph (2) and inserting that translate into civilian occupations..

555.

Extension of pilot program to assist members in obtaining post-service employment

Section 555(i) of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 10 U.S.C. 1143 note) is amended by striking 2018 and inserting 2023.

556.

Direct employment pilot program for members of the reserve components and veterans

(a)

Authority

The Secretary of Defense may enter into agreements with the chief executives of the States to carry out pilot programs to enhance the efforts of the Department of Defense to provide job placement assistance and related employment services directly to unemployed or underemployed members of the reserve components of the Armed Forces and veterans.

(b)

Cost-sharing

Any agreement under subsection (a) shall require that the State must contribute an amount, derived from non-Federal sources, that equals or exceeds 50 percent of the funds provided by the Secretary to the State under this section to support the operation of the pilot program in that State.

(c)

Administration

The pilot program in a State shall be administered by the adjutant general in that State appointed under section 314 of title 32, United States Code. If the adjutant general is unavailable or unable to administer a pilot program, the Secretary, after consulting with the chief executive of the State, shall designate an official of that State to administer that pilot program.

(d)

Program model

A pilot program under this section—

(1)

shall use a job placement program model that focuses on working one-on-one with individuals described in subsection (a) to provide cost-effective job placement services, including—

(A)

job matching services;

(B)

resume editing;

(C)

interview preparation; and

(D)

post-employment follow up; and

(2)

shall incorporate best practices of State-operated direct employment programs for members of the reserve components of the Armed Forces and veterans, such as the programs conducted in California and South Carolina.

(e)

SkillBridge training opportunities

A pilot program under this section shall utilize civilian training opportunities through the SkillBridge transition training program administered by the Department of Defense.

(f)

Evaluation

The Secretary shall develop outcome measurements to evaluate the success of any pilot program established under this provision.

(g)

Reporting

(1)

Report required

Not later than March 1, 2021, the Secretary, in coordination with the Secretary of Veterans Affairs and Chief of the National Guard Bureau, shall submit to the congressional defense committees a report describing the results of any pilot program established under this section.

(2)

Elements

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

(A)

A description and assessment of the effectiveness and achievements of the pilot program, including—

(i)

the number of members of the reserve components of the Armed Forces and veterans hired; and

(ii)

the cost-per-placement of participating members and veterans.

(B)

An assessment of the impact of the pilot program and increased reserve component employment levels on—

(i)

the readiness of members of the reserve components of the Armed Forces; and

(ii)

retention of service members.

(C)

A comparison of the pilot program to other programs conducted by the Department of Defense or Department of Veterans Affairs to provide unemployment and underemployment support to members of the reserve components of the Armed Forces or veterans, including best practices the improved the effectiveness of such programs.

(D)

Any other matter the Secretary determines to be appropriate.

(h)

Duration of authority

(1)

In general

Subject to paragraph (2), the authority to carry out a pilot program under this section expires on September 30, 2023.

(2)

Extension

The Secretary may extend a pilot program under this section beyond the date in paragraph (1) by not more than two years.

557.

Extended duration of availability of Military OneSource Program services for members of the Armed Forces upon their separation or retirement

The Secretary of Defense shall ensure that retired and honorably discharged members of the Armed Forces, including members medically discharged, separated, or on the temporary disability retirement list, and their immediate family remain eligible for services under the Military OneSource Program for at least one year after the end of the member’s tour of service, the member’s retirement date, or the member’s separation date, as the case may be.

558.

Comptroller General briefing and report on permanent employment assistance centers

(a)

Requirement

Not later than 240 days after the date of the enactment of this Act, the Comptroller General of the United States shall provide a briefing to the Armed Services Committees of the Senate and House of Representatives, with a report to follow on a date agreed to at the time of the briefing. The briefing and report shall provide information on employment assistance required under section 1143 of title 10, United States Code, and related information regarding civilian employment requiring certification or licensure.

(b)

Contents

The information required under subsection (a) shall include the following:

(1)

A description of the content of the database required by section 1143(a)(2)(A) of such title.

(2)

A list and description of permanent employment assistance centers required by section 1143(b) of such title.

(3)

A list and description of employment skills training programs and eligible members of the Armed Forces.

(4)

A list and description of State and non-State entities that have interacted with civilian employers.

(5)

A description of the use by members of the Armed Forces of the permanent employment assistance centers.

(6)

An assessment of the permanent employment assistance centers and challenges, if any, the centers have experienced as of the date of the briefing or report.

559.

Activities to increase awareness of apprenticeship programs

The Secretary of Defense shall ensure that, as part of the transition counseling provided by the Department of Defense to members of the Armed Forces who are in the process of separating from the Armed Forces (including the reserve components), information is provided to such members on—

(1)

the potential benefits of apprenticeship programs;

(2)

the appropriate use of veterans’ education benefits to pay for apprenticeship programs, and

(3)

the availability of veteran-focused, nonprofit apprenticeship programs.

G

Defense Dependents’ Education and Military Family Readiness Matters

561.

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

Section 1788a of title 10, United States Code, is amended—

(1)

by striking activities each place it appears and inserting services;

(2)

in subsection (b)(2), by striking activity and inserting service;

(3)

in subsection (c), by striking $5,000,000 and inserting $10,000,000;

(4)

in subsection (d)(1), by striking thereafter and inserting of the next two years; and

(5)

in subsection (e), by adding at the end the following new paragraph:

(4)

The term family support services includes costs of transportation, food, lodging, child care, supplies, fees, and training materials for immediate family members of members of the armed forces assigned to special operations forces while participating in programs under subsection (a).

.

562.

Additional matters for assessment and report on childcare services of the Department of Defense

Section 575 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) is amended—

(1)

in subsection (a), by adding at the end the following new paragraphs:

(5)

Expanding the childcare hours at military installations that host initial training units in order to accommodate drill instructors, trainers, and support staff.

(6)

Modifying the rate of use of subsidized, off-installation childcare services by military families, including whether such rate could be increased by altering policies that cap the amount of subsidies for military families for such services based on the cost of living for families and the average cost of civilian childcare services.

(7)

Permitting the issuance of employee clearances on a provisional or interim basis for those working at military childcare centers.

; and

(2)

in subsection (b)—

(A)

by striking September 1, 2018 and inserting March 1, 2019;

(B)

by striking the results of the assessment conducted under subsection (a). and inserting an em dash; and

(C)

by adding at the end the following new paragraphs:

(1)

the results of the assessment conducted under subsection (a); and

(2)

assessments of—

(A)

the underlying factors contributing to the childcare backlogs at many installations;

(B)

the effect of such backlogs on member recruitment and retention; and

(C)

the effect of such backlogs on military spouse unemployment and underemployment.

.

563.

Continued assistance to schools with significant numbers of military dependent students

(a)

Assistance to schools with significant numbers of military dependent students

Of the amount authorized to be appropriated for fiscal year 2019 in Division D of this Act and available for operation and maintenance for Defense-wide activities as specified in the funding table in Section 4301 of this Act, $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)

Impact aid for children with severe disabilities

Of the amount authorized to be appropriated for fiscal year 2019 in Division D of this Act and available for operation and maintenance for Defense-wide activities as specified in the funding table in Section 4301 of this Act, $10,000,000 shall be available for payments under section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Public Law 106–398; 20 U.S.C. 7703a).

(c)

Local educational agency defined

In this section, the term local educational agency has the meaning given that term in section 7013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).

564.

Department of Defense Education Activity misconduct database

(a)

Comprehensive database

The Secretary of Defense shall consolidate the various databases and mechanisms for the reporting and tracking of juvenile misconduct in Department of Defense Education Activity (hereinafter in this section referred to as DODEA) schools into one comprehensive database for DODEA juvenile misconduct. The comprehensive database shall include, at a minimum, all reportable allegations of juvenile-on-juvenile sexual misconduct, regardless of the final disposition of the case.

(b)

Policy

The Secretary shall establish a comprehensive policy regarding the reporting and tracking of juvenile misconduct cases occurring in DODEA schools, including policies establishing appropriate safeguards to prevent unauthorized disclosure of sensitive information contained in the comprehensive database required by subsection (a).

565.

Report on assessment of frequency of permanent changes of station of members of the Armed Forces on employment among military spouses

(a)

In general

The Secretary of Defense shall submit to Congress a report setting forth an assessment of the effects of the frequency of permanent changes of station of members of the Armed Forces on stability of employment among military spouses.

(b)

Elements

The report under this section shall include the following:

(1)

An assessment of the effects of the frequency of permanent changes of station of members of the Armed Forces on stability of employment among military spouses, including the contribution of frequent permanent changes of station to unemployment or underemployment among military spouses.

(2)

An assessment of the effects of unemployment and underemployment among military spouses on force readiness.

(3)

Such recommendations as the Secretary considers appropriate regarding legislative or administration action to achieve force readiness and stabilization through the minimization of the impacts of frequent permanent changes on stability of employment among military spouses.

H

Decorations and Awards

571.

Limitations on authority to revoke certain military decorations awarded to members of the Armed Forces

(a)

Army

(1)

Limitations

Chapter 357 of title 10, United States Code, is amended by adding at the end the following new section:

3757.

Military decorations: limitations on revocation

(a)

Limitations

Except as provided in subsection (b), the President or the Secretary of the Army may not authorize the revocation of a military decoration after the actual award of the military decoration to a member of the armed forces under the jurisdiction of the Secretary.

(b)

Exceptions

(1)

Subsection (a) does not apply to the revocation of a military decoration if the revocation is ordered on account of—

(A)

the acquisition of new or additional information that calls into question the service for which the member was awarded the military decoration; or

(B)

the conviction of the member for a felony.

(2)

In applying the exception described in paragraph (1)(B), the President and the Secretary of the Army shall take into account, as an extenuating factor, whether the member has been diagnosed with traumatic brain injury or post-traumatic stress disorder.

(c)

Military decoration defined

In this section, the term military decoration means the distinguished-service cross, distinguished-service medal, silver star, distinguished flying cross, or Soldier's Medal. The term does not include the medal of honor.

.

(2)

Clerical amendment

The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

3757. Military decorations: limitations on revocation.

.

(b)

Navy and Marine Corps

(1)

Limitations

Chapter 567 of title 10, United States Code, is amended by adding at the end the following new section:

6259.

Military decorations: limitations on revocation

(a)

Limitations

Except as provided in subsection (b), the President or the Secretary of the Navy may not authorize the revocation of a military decoration after the actual award of the military decoration to a member of the armed forces under the jurisdiction of the Secretary.

(b)

Exceptions

(1)

Subsection (a) does not apply to the revocation of a military decoration if the revocation is ordered on account of—

(A)

the acquisition of new or additional information that calls into question the service for which the member was awarded the military decoration; or

(B)

the conviction of the member for a felony.

(2)

In applying the exception described in paragraph (1)(B), the President and the Secretary of the Navy shall take into account, as an extenuating factor, whether the member has been diagnosed with traumatic brain injury or post-traumatic stress disorder.

(c)

Military decoration defined

In this section, the term military decoration means the Navy cross, distinguished-service medal, silver star medal, distinguished flying cross, or Navy and Marine Corps Medal. The term does not include the medal of honor.

.

(2)

Clerical amendment

The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

6259. Military decorations: limitations on revocation.

.

(c)

Air Force

(1)

Limitations

Chapter 857 of title 10, United States Code, is amended by adding at the end the following new section:

8757.

Military decorations: limitations on revocation

(a)

Limitations

Except as provided in subsection (b), the President or the Secretary of the Air Force may not authorize the revocation of a military decoration after the actual award of the military decoration to a member of the armed forces under the jurisdiction of the Secretary.

(b)

Exceptions

(1)

Subsection (a) does not apply to the revocation of a military decoration if the revocation is ordered on account of—

(A)

the acquisition of new or additional information that calls into question the service for which the member was awarded the military decoration; or

(B)

the conviction of the member for a felony.

(2)

In applying the exception described in paragraph (1)(B), the President and the Secretary of the Air Force shall take into account, as an extenuating factor, whether the member has been diagnosed with traumatic brain injury or post-traumatic stress disorder.

(c)

Military decoration defined

In this section, the term military decoration means the Air Force cross, distinguished-service medal, silver star, distinguished flying cross, or Airman’s Medal. The term does not include the medal of honor.

.

(2)

Clerical amendment

The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

8757. Military decorations: limitations on revocation.

.

572.

Authorization for award of Expeditionary Medal to certain Marines for actions on June 8, 1995

Notwithstanding any time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the Secretary of Defense may award the Armed Forces Expeditionary Medal to a member or former member of the 24th Marine Expeditionary Unit, Special Operations Capable, for the mission to rescue Captain Scott O’Grady, United States Air Force, from Bosnia on June 8, 1995.

I

Miscellaneous Reports and Other Matters

581.

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

(a)

In general

Except as provided in subsection (b), the Secretary of Defense shall make publicly available the top-line numbers of members of the Armed Forces deployed for each country.

(b)

Waiver

(1)

In general

The Secretary may waive the requirement under subsection (a) in the case of a sensitive military operation if—

(A)

the Secretary determines the public disclosure of the number of deployed members of the Armed Forces could reasonably be expected to provide an operational military advantage to an adversary; or

(B)

members of the Armed Forces are deployed for a period that does not exceed 30 days.

(2)

Notice

If the Secretary issues a waiver under this subsection, the Secretary submit to the congressional defense committees a notice of the waiver and the reasons for the determination that led to the waiver.

(c)

Sensitive military operation defined

The term sensitive military operation has the meaning given that term in section 130f(d) of title 10, United States Code.

582.

Criteria for interment at Arlington National Cemetery

(a)

Criteria

The Secretary of the Army, in consultation with the Secretary of Defense, shall prescribe revised criteria for interment at Arlington National Cemetery that preserve Arlington National Cemetery as an active burial ground well into the future, as that term is used in the report submitted by the Secretary of the Army to the Committees on Veterans' Affairs and the Committees on Armed Services of the House of Representatives and the Senate, dated February 14, 2017, and titled The Future of Arlington National Cemetery: Report on the Cemetery’s Interment and Inurnment Capacity 2017.

(b)

Deadline

The Secretary of the Army shall establish the criteria under subsection (a) not later than September 30, 2019.

583.

Report on general and flag officer costs

Not later than nine months after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on general and flag officer costs. Such report shall include cost estimates for direct and indirect costs associated with general and flag officers generally and for specific positions in accordance with the recommendations of the Office of the Secretary of Defense-Cost Assessment and Program Evaluation report entitled Defining General and Flag Officer Costs dated December 2017, including—

(1)

direct compensation for all general and flag officers and for specific general and flag officer positions, using the full cost of manpower model to estimate where possible;

(2)

personal money allowances for positions that receive an allowance;

(3)

deferred compensation and health care costs for all general and flag officers and for specific general and flag officer positions;

(4)

costs associated with providing security details for specific general and flag officer positions that merit continuous security;

(5)

costs associated with Government and commercial travel for general and flag officers who qualify for tier one or two travel, including commercial travel costs using defense travel sytstem data;

(6)

general flag officer per diems for specific positions, based on average travel per diem costs;

(7)

costs for enlisted and officer aide housing for general and flag officers generally and for specific general and flag officer positions, including basic housing assistance costs for staff;

(8)

on a case-by-case basis, costs associated with enlisted and officer aide travel, taking into consideration the cost of data collection;

(9)

costs associated with additional support staff for general and flag officers and their travel, equipment, and per diem costs for all general and flag officers and specific general and flag officer positions based on the average numbers per general or flag officer and estimations using the full cost of manpower model;

(10)

costs associated with the upkeep and maintenance of official residences not captured by basic housing assistance; and

(11)

costs associated with training for general and flag officers generally and specific general and flag officer positions using estimations from the full cost of manpower model.

584.

Report on outside employment of senior personnel

(a)

Report required

Not later than 18 months after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense shall submit a report to Congress on requests by senior personnel for approval of outside employment during the preceding fiscal year.

(b)

Elements

The report under this section shall contain the following regarding:

(1)

The number of such requests.

(2)

The number of such requests approved.

(3)

The types of positions for which senior personnel made such requests.

(4)

The range and average of the time commitment for such positions.

(5)

The range and average of the compensation for such positions.

(6)

Any ethical lapses or abuses by senior personnel in the course of employment pursuant to approved requests.

(c)

Senior personnel defined

In this section, the term senior personnel means any of the following:

(1)

An officer in the regular or reserve component of an armed force above the grade of O-6.

(2)

An employee of the Department of Defense in the Senior Executive Service.

585.

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

(a)

Report required

(1)

In general

The Secretary of the Army shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the recommendations contained in the audit conducted by the Army Audit Agency of the Army’s Marketing and Advertising Program concerning contract oversight and return on investment.

(2)

Contents

The report required by paragraph (1) shall address each of the following:

(A)

The mitigation and oversight measures implemented to assure improved program return and contract management including the establishment of specific goals to measure long-term effects of investments in marketing efforts.

(B)

The establishment of a review process to regularly evaluate the effectiveness and efficiency of marketing efforts including efforts to better support the accessions missions of the Army.

(C)

The increase of acquisition and marketing experience within the Army Marketing and Research Group (hereinafter in this section referred to as the AMRG).

(D)

A workforce analysis of AMRG in cooperation with the Office of Personnel Management and industry experts assessing the AMRG organizational structure, staffing, and training, including an assessment of the workplace climate and culture internal to the AMRG.

(E)

The establishment of an Army Marketing and Advisory Board comprised of senior Army and marketing and advertising leaders and an assessment of industry and service marketing and advertising best practices including a plan to incorporate relevant practices.

(F)

The status of the implementation of contracting practices recommended by the Army Audit Agency’s audit of contracting oversight of AMRG contained in Audit Report A-2018-0033-MTH.

(b)

Limitation on use of funds

Not more than 60 percent of the amounts authorized to be appropriated or otherwise made available in this Act for the AMRG for fiscal year 2019 for advertising and marketing activities may be obligated or expended until the Secretary of the Army submits the report required by subsection (a).

(c)

Comptroller General review

Not later than 90 days after the date of the submittal of the report required by subsection (a), the Comptroller General of the United States shall conduct a review of the results and implementation of the recommendations of the Army Audit Agency Audits of the AMRG on contract oversight and return on investment. Such review shall include an assessment of the effects of the implementation of the recommendations on the AMRG leadership, workforce and business practices, and return on investment.

VI

Compensation and Other Personnel Benefits

A

Pay and Allowances

601 .

Prompt review of request for imminent danger pay

Section 310(d)(1) of title 37, United States Code, is amended by adding at the end the following new sentence: The Secretary of Defense shall issue a determination regarding special pay under this section not later than 90 days after receiving a request for such determination from the commander of a geographic combatant command.

602 .

Application of basic allowance for housing to members of the uniformed services in the Virgin Islands

(a)

In general

Section 403(b) of title 37, United States Code, is amended—

(1)

in the heading, by inserting and the Virgin Islands after the United States;

(2)

in paragraph (1), by inserting and the Virgin Islands after the United States; and

(3)

in paragraphs (2), (3)(A), and (6), by inserting or the Virgin Islands after the United States each place it appears.

(b)

Conforming amendments

Section 403(c) of title 37, United States Code, is amended—

(1)

in the heading, by inserting or the Virgin Islands after the United States; and

(2)

in paragraphs (1), (2), (3)(A)(i), and (3)(B), by inserting or the Virgin Islands after the United States each place it appears.

(c)

Effective date

The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to payments under section 403 of title 37, United States Code, beginning on January 1, 2019.

603 .

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

Section 1967(a)(3) of title 38, United States Code, is amended—

(1)

in subparagraph (A), by striking subparagraphs (B) and (C) and inserting subparagraphs (B), (C), and (D); and

(2)

by adding at the end the following new subparagraph:

(D)

In the case of a member who elects under paragraph (2)(A) not to be insured under this section, or who elects under subparagraph (B) to be insured for an amount less than the maximum amount provided under subparagraph (A), and who is deployed to a combat theater of operations the member—

(i)

shall be insured under this subchapter for the maximum amount provided under subparagraph (A) for the period of such deployment; and

(ii)

upon the end of such deployment—

(I)

shall be insured in the amount elected by the member under subparagraph (B); or

(II)

shall not be insured, if so elected under paragraph (2)(A)

.

604 .

Military Housing Privatization Initiative

(a)

Payment authority

Each month beginning on the first month after the date of the enactment of this Act, the Secretary shall pay a lessor of covered housing 5 percent of the amount calculated under section 403(b)(3)(A)(i) of title 37, United States Code, for the area in which the covered housing exists. Any such payment shall be in addition to any other payment made by the Secretary to that lessor.

(b)

Plan for MHPI housing

Not later than December 1, 2018, the Secretary shall submit to the congressional defense committees a long-range plan to develop measures to consistently address the future sustainment, recapitalization, and financial condition of MHPI housing. The plan shall include—

(1)

efforts to mitigate the losses incurred by MHPI housing projects because of the reductions to BAH under section 603 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 37 U.S.C. 403(b)(3)(B)); and

(2)

a full assessment of the effects of such reductions (in relation to calculations of market rates for rent and utilities) on the financial condition of MHPI housing.

(c)

Reporting

The Secretary shall direct the Assistant Secretary of Defense for Energy, Installations, and Environment to take the following steps regarding reports under section 2884(c) of title 10, United States Code:

(1)

Provide additional contextual information on MHPI housing to identify any differences in the calculation of debt coverage ratios and any effect of such differences on their comparability.

(2)

Immediately resume issuing such reports on the financial condition of MHPI housing.

(3)

Revise Department of Defense guidance on MHPI housing—

(A)

to ensure that relevant financial data (such as debt coverage ratios) in such reports are consistent and comparable in terms of the time periods of the data collected;

(B)

to include a requirement that the secretary of each military department includes measures of future sustainment into each assessments of MHPI housing projects; and

(C)

to require the secretary of each military department to define risk tolerance regarding the future sustainability of MHPI housing projects.

(4)

Report financial information on future sustainment of each MHPI housing project in such reports.

(5)

Provide Department of Defense guidance to the secretaries of the military departments to—

(A)

assess the significance of the specific risks to individual MHPI housing projects from the reduction in BAH; and

(B)

identify methods to mitigate such risks based on their significance.

(6)

Not later than December 1, 2018, finalize Department of Defense guidance that clearly defines—

(A)

the circumstances in which the military departments shall provide notification of housing project changes to the congressional defense committees; and

(B)

which types of such changes require prior notification to or prior approval from the congressional defense committees.

(d)

Definitions

In this section:

(1)

The term BAH means the basic allowance for housing under section 403 of title 37, United States Code.

(2)

The term covered housing means a unit of MHPI housing that is leased to a member of a uniformed service who resides in such unit.

(3)

The term MHPI housing means housing acquired or constructed under the alternative authority of subchapter IV of chapter 169 of title 10, United States Code (known as the Military Housing Privatization Initiative).

605 .

Per diem allowance policies

(a)

Policy and regulations

(1)

Existing policy and regulations

The Secretary of each military department may not implement the policy in the memorandum dated October 1, 2014, titled UTD/CTS for MAP 118-13/CAP 118-13 – Flat Rate Per Diem for Long Term TDY, regarding per diem allowances, or any regulations prescribed pursuant to such memorandum, on or after the date of the enactment of this Act.

(2)

Future policy and regulations

(A)

The Secretary of each military department concerned may not implement a new policy regarding per diem allowances under section 474 of title 37, United States Code, until after the Secretary of Defense issues the report under subsection (b).

(B)

The Secretary of the military department concerned shall notify the appropriate congressional committees not less than 60 days before implementing a new policy regarding per diem allowances under section 474 of title 37, United States Code.

(b)

Report

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue a report to the appropriate congressional committees regarding options to reduce travel costs incurred by the Department of Defense, including the adoption of practices used by private entities.

(c)

Appropriate congressional committees

In this section, the term appropriate congressional committees means the congressional defense committees, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Oversight and Government Reform of the House of Representatives.

B

Bonuses and Special Incentive Pays

611 .

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

(a)

Authorities relating to reserve forces

Section 910(g) of title 37, United States Code, relating to income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service, is amended by striking December 31, 2018 and inserting December 31, 2019.

(b)

Title 10 authorities relating to health care professionals

The following sections of title 10, United States Code, are amended by striking December 31, 2018 and inserting December 31, 2019:

(1)

Section 2130a(a)(1), relating to nurse officer candidate accession program.

(2)

Section 16302(d), relating to repayment of education loans for certain health professionals who serve in the Selected Reserve.

(c)

Authorities relating to nuclear officers

Section 333(i) of title 37, United States Code, is amended by striking December 31, 2018 and inserting December 31, 2019.

(d)

Authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities

The following sections of title 37, United States Code, are amended by striking December 31, 2018 and inserting December 31, 2019:

(1)

Section 331(h), relating to general bonus authority for enlisted members.

(2)

Section 332(g), relating to general bonus authority for officers.

(3)

Section 334(i), relating to special aviation incentive pay and bonus authorities for officers.

(4)

Section 335(k), relating to special bonus and incentive pay authorities for officers in health professions.

(5)

Section 336(g), relating to contracting bonus for cadets and midshipmen enrolled in the Senior Reserve Officers’ Training Corps.

(6)

Section 351(h), relating to hazardous duty pay.

(7)

Section 352(g), relating to assignment pay or special duty pay.

(8)

Section 353(i), relating to skill incentive pay or proficiency bonus.

(9)

Section 355(h), relating to retention incentives for members qualified in critical military skills or assigned to high priority units.

(e)

Authority to provide temporary increase in rates of basic allowance for housing

Section 403(b)(7)(E) of title 37, United States Code, is amended by striking December 31, 2018 and inserting December 31, 2019.

C

Other Matters

621 .

Expansions of installation benefits to surviving spouses, dependent children, and other next of kin

(a)

Issuance of Gold Star Installation Access Cards

(1)

Issuance and conditions on use

(A)

In general

Chapter 57 of title 10, United States Code, is amended by inserting after section 1126 the following new section:

1126a.

Gold Star Installation Access Card: issuance and protections

(a)

Issuance to Gold Star surviving spouse and dependent children of deceased member required

The Secretary concerned shall provide for the issuance of a standardized Gold Star Installation Access Card to the widow and dependent children of a deceased member of the armed forces described in section 1126(a) of this title to facilitate their ability to gain unescorted access to military installations for the purpose of attending memorial events, visiting gravesites, and obtaining the on-installation services and benefits to which they are entitled or eligible.

(b)

Issuance to other next of kin authorized

At the discretion of the Secretary concerned, the Secretary concerned may provide the Gold Star Installation Access Card to the parents and other next of kin of a deceased member of the armed forces described in section 1126(a) of this title.

(c)

Service-wide acceptance of access card

The Secretaries concerned shall work together to ensure that a Gold Star Installation Access Card issued by one armed force is accepted for access to military installations under the jurisdiction of another armed force.

(d)

Protection of installation security

In developing, issuing, and accepting the Gold Star Installation Access Card, the Secretary concerned may take such measures as the Secretary concerned considers necessary—

(1)

to prevent fraud in the procurement or use of the Gold Star Installation Access Card;

(2)

to limit installation access to those areas of the installation that provide the services and benefits for which the recipient of the Gold Star Installation Access Card is entitled or eligible; and

(3)

to ensure that the availability and use of the Gold Star Installation Access Card does not adversely affect military installation security.

(e)

Termination

The Gold Star Installation Access Card for the widow and dependent children of a deceased member of the armed forces shall remain valid for the life of the widow or child, regardless of subsequent marital status of the widow, subject to periodic renewal as determined by the Secretary concerned to ensure military installation security.

.

(B)

Clerical amendment

The table of sections at the beginning of chapter 57 of title 10, United States Code, is amended by inserting after the item relating to section 1126 the following new item:

1126a. Gold Star Installation Access Card: issuance and protections.

.

(2)

Applicability of current definitions

Section 1126(d) of title 10, United States Code is amended by striking the matter preceding paragraph (1) and inserting the following: In this section and section 1126a of this title:.

(b)

Extension of commissary and exchange benefits for remarried spouses with dependent children

(1)

Benefits

Section 1062 of title 10, United States Code, is amended—

(A)

by striking The Secretary of Defense and inserting the following:

(a)

Certain unremarried former spouses

The Secretary of Defense

; and

(B)

by adding at the end the following new subsection:

(b)

Certain remarried surviving spouses

The Secretary of Defense shall prescribe such regulations as may be necessary to provide that a surviving spouse of a deceased member of the armed forces, regardless of the marital status of the surviving spouse, who has guardianship of dependent children of the deceased member is entitled to use commissary stores and MWR retail facilities to the same extent and on the same basis as the unremarried surviving spouse of a member of the uniformed services.

.

(2)

Conforming amendments

Section 1062 of title 10, United States Code, is further amended—

(A)

by striking commissary and exchange privileges and inserting use commissary stores and MWR retail facilities; and

(B)

by adding at the end the following new subsection:

(c)

MWR retail facilities

The term MWR retail facilities has the meaning given that term in section 1063(e) of this title.

.

(3)

Clerical amendments

(A)

Section heading

The heading of section 1062 of title 10, United States Code, is amended to read as follows:

1062.

Certain former spouses and surviving spouses

.

(B)

Table of sections

The table of sections at the beginning of chapter 54 of title 10, United States Code, is amended by striking the item relating to section 1062 and inserting the following new item:

1062. Certain former spouses and surviving spouses.

.

622 .

Transportation on military aircraft on a space-available basis for disabled veterans with a service-connected, permanent disability rated as total

(a)

Availability of transportation

Section 2641b of title 10, United States Code, is amended—

(1)

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

(2)

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

(f)

Special priority for certain disabled veterans

(1)

The Secretary of Defense shall provide transportation on scheduled and unscheduled military flights within the continental United States and on scheduled overseas flights operated by the Air Mobility Command on a space-available basis for any veteran with a service-connected, permanent disability rated as total on the same basis as such transportation is provided to members of the armed forces entitled to retired or retainer pay.

(2)

The transportation priority required by paragraph (1) for veterans described in such paragraph applies whether or not the Secretary establishes the travel program authorized by this section.

(3)

In this subsection, the terms veteran and service-connected have the meanings given those terms in section 101 of title 38.

.

(b)

Effective date

Subsection (f) of section 2641b of title 10, United States Code, as added by subsection (a), shall take effect at the end of the 90-day period beginning on the date of the enactment of this Act.

623 .

Extension of parking expenses allowance to civilian employees at recruiting facilities

Section 481i(b)(1) of title 37, United States Code, is amended by striking as a recruiter for any and inserting at a recruiting facility.

624 .

Advisory boards regarding military commissaries and exchanges

The Secretary of Defense shall direct each commanding officer of a military base on which there is a military commissary or exchange to establish an advisory board, comprised of representatives of military or veterans service organizations, to advise the commanding officer regarding the interests of patrons and beneficiaries of military commissaries and exchanges.

625 .

Study and report on development of a single defense resale system

(a)

Study

The Secretary of Defense shall conduct a study to determine the feasibility of consolidating the military resale entities into a single defense resale system. Such study shall include the following:

(1)

A financial assessment of consolidation of the military resale entities.

(2)

A business case analysis of consolidation of the military resale entities.

(3)

Organizational, operational, and business model integration plans for consolidation of the military resale entities.

(4)

Determinations of which back-office processes and systems associated with finance and payment processing technologies the Secretary could convert to common technologies.

(b)

Report

Not later than January 1, 2019, the Secretary shall submit a report to the congressional defense committees regarding the study under subsection (a). That report shall contain the following:

(1)

Details of the internal and external organizational structures of a consolidated defense resale system.

(2)

Recommendations of the Secretaries of each of the military departments regarding the plan to consolidate the military resale entities.

(3)

The costs and associated plan for the merger of technologies or implementation of new technology from a third-party provider to standardize financial management and accounting processes of a consolidated defense resale system.

(4)

Best practices to maximize reductions in costs associated with back-office retail payment processing for a consolidated defense resale system.

(5)

A timeline for converting the Defense Commissary Agency into a non-appropriated fund instrumentality under section 2484(j) of title 10, United States Code.

(6)

A determination whether the business case analysis supports consolidation of the military resale entities.

(7)

Recommendations of the Secretary for legislation related to consolidation of the military resale entities.

(8)

Other elements the Secretary determines are necessary for a successful evaluation of a consolidation of the military resale entities.

(c)

Prohibition on use of funds

None of the amounts authorized to be appropriated or otherwise made available in this Act may be obligated or expended for the purpose of implementing consolidation of the military resale entities until October 1, 2019.

(d)

Military resale entities defined

In this section the term military resale entities means—

(1)

the Defense Commissary Agency;

(2)

the Army and Air Force Exchange Service;

(3)

the Navy Exchange; and

(4)

the Marine Corps Exchange.

VII

Health Care Provisions

A

TRICARE and Other Health Care Benefits

701.

TRICARE Medicare Advantage demonstration program

(a)

Establishment

(1)

In general

Not later than two years after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of Health and Human Services, shall carry out a demonstration program under which, notwithstanding section 1851(c)(3) of the Social Security Act (42 U.S.C. 1395w–21(c)(3)), each covered individual is deemed, unless the individual (in accordance with a process specified by the Secretaries) elects otherwise, to have elected to receive benefits under title XVIII of such Act (42 U.S.C. 1395 et seq.) through a participating MA plan, with respect to the military health system region involved, (and shall be enrolled in such plan) for each plan year during which such demonstration program is carried out. In carrying out the demonstration program, the Secretary shall ensure that a covered individual who is enrolled in an MA plan in a military health system region selected under paragraph (3) that is not a participating MA plan may remain in such non-participating MA plan without making an election through such process specified in the previous sentence.

(2)

Duration

Subject to subsection (d), the demonstration program established under paragraph (1) shall be carried out for a period of not less than two plan years.

(b)

Participating MA plans

(1)

Definition

For purposes of this section, the term participating MA plan means, with respect to a military health system region selected under paragraph (3) and a plan year beginning during the period during which the demonstration project is carried out, an eligible Medicare Advantage plan that enters into a contract under paragraph (2) with the Secretary of Defense to participate in the demonstration program under this section for such plan year.

(2)

Selection of plans

(A)

In general

The Secretary shall, after consultation with the TRICARE managed care support contractor in each military health system region selected under paragraph (3) and with respect to each plan year beginning the period during which such demonstration program is carried out, enter into a contract with one or more eligible Medicare Advantage plans described in subparagraph (B) to participate in the demonstration program for such plan year, with respect to such military health system region. Under such contract, the Medicare Advantage organization offering such plan, with respect to such military health system region, shall agree to provide coverage under such plan to all covered individuals residing in such region during such plan year.

(B)

Eligible Medicare Advantage plan

For purposes of this section, an eligible Medicare Advantage plan, with respect to a military health system region selected under paragraph (3), is an MA plan that satisfies the following conditions, with respect to a plan year beginning during the period during which the demonstration program is carried out:

(i)

The Medicare Advantage organization offering the plan has in effect a contract with the Secretary of Health and Human Services under section 1857 of the Social Security Act (42 U.S.C. 1395w–27) for offering such plan to MA eligible individuals in such military health system region with respect to such plan year.

(ii)

The plan is, or is treated as, a qualifying plan under section 1853(o)(3) of such Act (42 U.S.C. 1395w–23(o)(3)), with respect to such plan year.

(3)

Selection of military health system regions

The Secretary shall select two military health system regions in which to carry out the demonstration program, one from each TRICARE managed care support contractor region. Each such region shall have a large concentration of beneficiaries eligible for TRICARE for Life.

(c)

Costs of program

(1)

Department of Defense

The Secretary shall bear the costs to the Department of Defense and realize any potential savings to the Department that result from the demonstration program.

(2)

Cost neutrality

The costs paid under the demonstration program by the United States to the participating Medicare Advantage plans, and the costs paid by the United States pursuant to TRICARE for Life, for the period of the demonstration program, with respect to covered individuals enrolled in such plans during such period, may not exceed the estimated costs that would have been paid by the United States during such period for providing health care benefits to such individuals through the original Medicare fee-for-service program under parts A and B of title XVIII of the Social Security Act and TRICARE for Life, as adjusted to account for the age, location, and health status of the population.

(d)

Certifications required to carry out program

(1)

Certifications

Not later than one year after the date of the enactment of this Act, and annually thereafter for each plan year occurring during the period during which the demonstration program is carried out, the Secretary shall submit to the appropriate congressional committees a report and certification on the demonstration program. If the Secretary does not submit the certification by such date each year, the Secretary may not carry out the demonstration program for the plan year or any subsequent plan year.

(2)

Elements

Each report and certification under paragraph (1), with respect to a plan year, shall include the following:

(A)

Except for the first report and certification submitted under paragraph (1)—

(i)

a certification that the demonstration program maintains cost neutrality pursuant to subsection (c)(2);

(ii)

the number of covered individuals eligible to be enrolled in the demonstration program and the number of covered individuals who opted out of such enrollment in each participating MA plan in each such region; and

(iii)

an assessment of the number of covered individuals enrolled in participating Medicare Advantage plans under the demonstration program that have reached the limit on out-of-pocket expenditures applied under the respective plan.

(B)

A certification that the access standards for the TRICARE program are met in the Medicare Advantage plans selected under subsection (b)(2).

(C)

A description of the average premium rates, and copayments or cost sharing, if any, for each participating MA plan in each military health system region selected under subsection (b)(3).

(D)

A description of the quality rating determined under the 5-star rating system under section 1853(o)(4) of the Social Security Act (42 U.S.C. 1395w–23(o)(4)) for such plan year for each participating MA plan.

(E)

Any recommendations by the Secretary with respect to any legislative actions to improve the demonstration program.

(e)

Report

Not later than three years after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report providing a comprehensive assessment of the demonstration program.

(f)

Regulations

(1)

In general

The Secretary may prescribe regulations to expeditiously implement the demonstration program under subsection (a).

(2)

Rulemaking

The Secretary shall carry out paragraph (1)—

(A)

by prescribing an interim final rule; and

(B)

not later than 180 days after prescribing such interim final rule and considering public comments with respect to such interim final rule, by prescribing a final rule.

(g)

Definitions

In this section:

(1)

The term appropriate congressional committees means—

(A)

the Committees on Armed Services, Ways and Means, and Energy and Commerce of the House of Representatives; and

(B)

the Committees on Armed Services, Finance, and Health, Education, Labor, and Pensions of the Senate.

(2)

The term covered individual means an individual who—

(A)

is a Medicare Advantage eligible individual (as defined in section 1851(a)(3) of the Social Security Act (42 U.S.C. 1395w–21(a)(3)));

(B)

is enrolled in TRICARE for Life; and

(C)

resides in a ZIP Code that is located—

(i)

in a military health system region selected under subsection (b)(3); and

(ii)

at least 40 miles from a military medical center or a military hospital described in subsections (b) and (c) of section 1073d of title 10, United States Code.

(3)

The term Medicare Advantage organization has the meaning given that term in section 1859 of the Social Security Act (42 U.S.C. 1395w–28).

(4)

The term Medicare Advantage plan means a health plan under part C of title XVIII of the Social Security Act (42 U.S.C. 1395w–21 et seq.).

(5)

The term plan year has the meaning given such term for purposes of such part.

(6)

The term Secretary means the Secretary of Defense.

(7)

The terms TRICARE program and TRICARE for Life have the meanings given those terms in section 1072 of title 10, United States Code.

702.

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

(a)

In general

The Secretary of Defense may carry out a pilot program to assess the feasibility and advisability of using intensive outpatient programs to treat members of the Armed Forces suffering from post-traumatic stress disorder resulting from military sexual trauma, including treatment for substance abuse, depression, and other issues related to such conditions.

(b)

Discharge through partnerships

The pilot program authorized by subsection (a) shall be carried out through partnerships with public, private, and non-profit health care organizations and institutions that—

(1)

provide health care to members of the Armed Forces;

(2)

provide evidence-based treatment for psychological and neurological conditions that are common among members of the Armed Forces, including post-traumatic stress disorder, traumatic brain injury, substance abuse, and depression;

(3)

provide health care, support, and other benefits to family members of members of the Armed Forces; and

(4)

provide health care under the TRICARE program (as that term is defined in section 1072 of title 10, United States Code).

(c)

Program activities

Each organization or institution that participates in a partnership under the pilot program authorized by subsection (a) shall—

(1)

carry out intensive outpatient programs of short duration to treat members of the Armed Forces suffering from post-traumatic stress disorder resulting from military sexual trauma, including treatment for substance abuse, depression, and other issues related to such conditions;

(2)

use evidence-based and evidence-informed treatment strategies in carrying out such programs;

(3)

share clinical and outreach best practices with other organizations and institutions participating in the pilot program; and

(4)

annually assess outcomes for members of the Armed Forces individually and among the organizations and institutions participating in the pilot program with respect to the treatment of conditions described in paragraph (1).

(d)

Evaluation metrics

Before commencement of the pilot program, the Secretary shall establish metrics to be used to evaluate the effectiveness of the pilot program and the activities under the pilot program.

(e)

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 authorized by subsection (a). The report shall include a description of the pilot program and such other matters on the pilot program as the Secretary considers appropriate.

(2)

Final report

Not later than 180 days after the cessation of the pilot program under subsection (f), the Secretary shall submit to the committees of Congress referred to in paragraph (1) a report on the pilot program. The report shall include the following:

(A)

A description of the pilot program, including the partnership under the pilot program as described in subsection (b).

(B)

An assessment of the effectiveness of the pilot program and the activities under the pilot program.

(C)

Such recommendations for legislative or administrative action as the Secretary considers appropriate in light of the pilot program, including recommendations for extension or making permanent the authority for the pilot program.

(f)

Termination

The Secretary may not carry out the pilot program authorized by subsection (a) after the date that is three years after the date of the enactment of this Act.

703.

Pilot program on cryopreservation and storage

(a)

In general

The Secretary of Defense shall establish a pilot program to provide not greater than 1,000 members of the Armed Forces on active duty in the Armed Forces with the opportunity to cryopreserve and store their gametes prior to deployment to a combat zone.

(b)

Period of time

(1)

In general

The Secretary shall provide for the cryopreservation and storage of gametes of a participating member of the Armed Forces under subsection (a), at no cost to the member, in a facility of the Department of Defense or of a private entity pursuant to a contract under subsection (d) until the date that is one year after the retirement, separation, or release of the member from the Armed Forces.

(2)

Continued cryopreservation and storage

At the end of the one-year period specified in paragraph (1), the Secretary shall permit an individual whose gametes were cryopreserved and stored in a facility of the Department as described in that paragraph to select, including pursuant to an advance medical directive or military testamentary instrument completed under subsection (c), one of the following options:

(A)

To continue such cryopreservation and storage in such facility with the cost of such cryopreservation and storage borne by the individual.

(B)

To transfer the gametes to a private cryopreservation and storage facility selected by the individual.

(3)

Disposal of gametes

If an individual described in paragraph (2) does not make a selection under subparagraph (A) or (B) of such paragraph, the Secretary may dispose of the gametes of the individual not earlier than the date that is 90 days after the end of the one-year period specified in paragraph (1) with respect to the individual.

(c)

Advance medical directive and military testamentary instrument

A member of the Armed Forces who elects to cryopreserve and store their gametes under this section must complete an advance medical directive, as defined in section 1044c(b) of title 10, United States Code, and a military testamentary instrument, as defined in section 1044d(b) of such title, that explicitly specifies the use of their cryopreserved and stored gametes if such member dies or otherwise loses the capacity to consent to the use of their cryopreserved and stored gametes.

(d)

Agreements

To carry out this section, the Secretary may enter into agreements with private entities that provide cryopreservation and storage services for gametes.

B

Health Care Administration

711.

Transition of administration by Defense Health Agency of military medical treatment facilities

Section 1073c(a) of title 10, United States Code, is amended—

(1)

in paragraph (1), by striking Beginning October 1, 2018, and inserting In accordance with paragraph (3), by not later than September 30, 2020,;

(2)

by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively;

(3)

by inserting after paragraph (2) the following new paragraph (3):

(3)
(A)

The Secretary of Defense shall establish a timeline to ensure that each Secretary of a military department transitions the administration of military medical treatment facilities from the respective Secretary to the Director of the Defense Health Agency pursuant to paragraph (1) by the date specified in such paragraph.

(B)

In carrying out this subsection, and in addition to the requirements under section 1073d(e) of this title, the Secretary of Defense may not close any military medical treatment facility, limit the health services provided by a military medical treatment facility, or take any action to begin such a closure or limitation, until the date on which the Secretary submits to the congressional defense committees a report containing the following:

(i)

A certification that each Secretary of a military department has completed the transition of the administration of each military medical treatment facility from the respective Secretary to the Director of the Defense Health Agency pursuant to paragraph (1).

(ii)

A description of the metrics used by the Secretary of Defense to ensure that such transition is completed.

(iii)

A description of a cohesive headquarters structure that delineates the roles and responsibilities for each military department, the Joint Staff Surgeon, and the Defense Health Agency.

(C)

Not later than January 31, 2019, and every six months thereafter through September 30, 2020, the Director of the Defense Health Agency shall provide a briefing to the congressional defense committees on the progress of the transition under this paragraph.

; and

(4)

in paragraph (3), as so redesignated, by striking subsection (a) and inserting paragraph (1).

712.

Sharing information with State prescription drug monitoring programs

(a)

Establishment

Section 1074g of title 10, United States Code, is amended—

(1)

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

(2)

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

(g)

Sharing information with State prescription drug monitoring programs

(1)

The Secretary shall establish and operate a prescription drug monitoring program (to be known as the Military Health System Prescription Drug Monitoring Program) for prescription drugs provided through facilities of the uniformed services.

(2)

The Secretary shall ensure that the program established under paragraph (1)—

(A)

is comparable to prescription drug monitoring programs operated by States; and

(B)

covers prescription drugs provided under the pharmacy benefits program that are controlled substances.

(3)
(A)

In carrying out the program established under paragraph (1), the Secretary shall establish appropriate procedures for sharing between the program and State prescription drug monitoring programs patient-specific information regarding prescription drugs that are controlled substances to prevent the misuse and diversion of opioid medications and other controlled substances.

(B)

For purposes of the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104–191; 42 U.S.C. 1320d–2 note), any disclosure of patient-specific information by the Secretary under subparagraph (A) shall be treated as a permitted disclosure.

(C)

The Secretary shall include in the procedures established under subparagraph (A) appropriate safeguards, as determined by the Secretary, concerning the cybersecurity of information systems of the Department of Defense systems and the operational security of personnel of the Department.

(4)

In this subsection, the term controlled substance has the meaning given that term in section 102 of the Controlled Substances Act (21 U.S.C. 802).

.

(b)

Briefing

Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the implementation of the program established under section 1074g(g) of title 10, United States Code, as added by subsection (a).

(c)

Conforming amendments

(1)

Title 10, United States Code

Section 1079(q) of title 10, United States Code, is amended by striking section 1074g(g) and inserting section 1074g(h).

(2)

FY16 NDAA

Section 715(e)(2) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 1074g note) is amended by striking section 1074g(g) and inserting section 1074g(h).

(3)

FY17 NDAA

Section 745(b) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 1074 note) is amended by striking section 1074g(g) and inserting section 1074g(h).

713.

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

Section 1074l(a) of title 10, United States Code, is amended by striking admitted to a military treatment facility within the United States and inserting admitted to any military medical treatment facility.

714.

Improvements to trauma center partnerships

Section 708(c) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 1071 note) is amended—

(1)

in paragraph (1), by striking large metropolitan teaching hospitals that have level I civilian;

(2)

in paragraph (2)—

(A)

by striking with civilian academic medical centers and large metropolitan teaching hospitals; and

(B)

by striking the trauma centers of the medical centers and hospitals and inserting trauma centers; and

(3)

in paragraph (3), by striking large metropolitan teaching hospitals and inserting trauma centers.

715.

Wounded warrior policy review

(a)

In general

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall review and update policies and procedures relating to the care and management of recovering service members. In conducting such review, the Secretary shall consider best practices—

(1)

in the care of recovering service members;

(2)

in the administrative management relating to such care;

(3)

to carry out applicable provisions of Federal law; and

(4)

recommended by the Comptroller General of the United States in the report titled Army Needs to Improve Oversight of Warrior Transition Units.

(b)

Scope of policy

In carrying out subsection (a), the Secretary shall update policies of the Department of Defense with respect to each of the following:

(1)

The case management coordination of members of the Armed Forces between the military departments and the military medical treatment facilities administered by the Director of the Defense Health Agency pursuant to section 1073c of title 10, United States Code, including with respect to the coordination of—

(A)

appointments;

(B)

rehabilitative services;

(C)

recuperation in an outpatient status;

(D)

contract care provided by a private health care provider outside of a military medical treatment facility;

(E)

the disability evaluation system; and

(F)

other administrative functions relating to the military department.

(2)

The transition of a member of the Armed Forces who is retired under chapter 61 of title 10, United States Code, from receiving treatment furnished by the Secretary of Defense to treatment furnished by the Secretary of Veterans Affairs.

(3)

Facility standards related to lodging and accommodations for recovering service members and the family members and non-medical attendants of such recovering service members.

(c)

Report

Not later than one year after the date of the enactment of this Act, the Secretary of Defense and Secretaries of the military departments shall jointly submit to the Committees on Armed Services of the Senate and House of Representatives a report on the review conducted under subsection (a), including a description of the policies updated pursuant to subsection (b).

(d)

Definitions

In this section, the terms disability evaluation system, outpatient status, and recovering service members have the meaning given those terms in section 1602 of the Wounded Warrior Act (title XVI of Public Law 110–181; 10 U.S.C. 1071 note).

716.

Joint force medical capabilities development and standardization

(a)

Development

The Secretary of Defense, in coordination with the Secretaries of the military departments and the Chairman of the Joint Chiefs of Staff, shall develop a process to establish required joint medical capabilities for members of the Armed Forces that meet the operational planning requirements of the combatant commands.

(b)

Process

The process developed under subsection (a) shall include—

(1)

the development of a joint medical estimate to determine the medical requirements for treating members of the Armed Forces who are wounded, ill, or injured during military operations, including with respect to environmental health and force health protection.

(2)

a process to review and revise military health related mission essential tasks that are aligned with health professional knowledge, skills, and abilities; and

(3)

a process to standardize the interoperability of medical equipment and capabilities to the greatest extent practicable to support the joint force.

(c)

Report

Not later than March 1, 2019, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report describing the process developed under subsection (a).

C

Reports and other Matters

721.

Establishment of TriService Dental Research Program

(a)

In general

Chapter 104 of title 10, United States Code, is amended by adding at the end the following new section:

2117.

Military dental research

(a)

Definitions

In this section:

(1)

The term military dental research means research on the furnishing of care and services by dentists in the armed forces.

(2)

The term TriService Dental Research Program means the program of military dental research authorized under this section.

(b)

Program authorized

The Secretary of Defense may establish at the University a program of military dental research.

(c)

TriService research group

The TriService Dental Research Program shall be administered by a TriService Dental Research Group composed of Army, Navy, and Air Force dentists who are involved in military dental research and are designated by the Secretary concerned to serve as members of the group.

(d)

Duties of group

The TriService Dental Research Group shall—

(1)

develop for the Department of Defense recommended guidelines for requesting, reviewing, and funding proposed military dental research projects; and

(2)

make available to Army, Navy, and Air Force dentists and Department of Defense officials concerned with military dental research—

(A)

information about dental research projects that are being developed or carried out in the Army, Navy, and Air Force; and

(B)

expertise and information beneficial to the encouragement of meaningful dental research.

(e)

Research topics

For purposes of this section, military dental research includes research on the following issues:

(1)

Issues regarding how to improve the results of dental care and services provided in the armed forces in time of peace.

(2)

Issues regarding how to improve the results of dental care and services provided in the armed forces in time of war.

(3)

Issues regarding how to improve methods of training dental personnel.

.

(b)

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2116 the following new section:

2117. Military dental research.

.

722.

Increasing the number of appointed directors of the Henry M. Jackson Foundation for the Advancement of Military Medicine

Section 178(c)(1)(C) of title 10, United States Code, is amended to read as follows:

(C)

six members appointed by the ex officio members of the Council designated in subparagraphs (A) and (B).

.

723.

Extension of authority for joint Department of Defense- Department of Veterans Affairs medical facility demonstration fund

Section 1704(e) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2573), as most recently amended by section 719 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1440), is further amended by striking September 30, 2019 and inserting September 30, 2020.

724.

Inclusion of gambling disorder in health assessments and related research efforts of the Department of Defense

(a)

Annual periodic health assessment

The Secretary of Defense shall incorporate medical screening questions specific to gambling disorder into annual periodic health assessments conducted by the Department of Defense for members of the Armed Forces.

(b)

Research efforts

The Secretary shall incorporate into ongoing research efforts of the Department questions on gambling disorder, as appropriate, including by restoring such questions into the Health Related Behaviors Survey of Active Duty Military Personnel.

725.

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

(a)

In general

(1)

Use of simulation technology

Except as provided by paragraph (2), the Secretary of Defense shall use medical simulation technology before the use of live tissue training to train medical professionals and combat medics of the Department of Defense.

(2)

Determination

The use of live tissue training within the Department of Defense may be used as determined necessary by the medical chain of command.

(b)

Briefing

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff and the Secretaries of the military departments, shall provide a briefing to the Committees on Armed Services of the House of Representatives and the Senate on the use and benefit of medical simulation technology and live tissue training within the Department of Defense to train medical professionals, combat medics, and members of the Special Operations Forces.

(c)

Elements

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

(1)

A discussion of the benefits and needs of both medical simulation technology and live tissue training.

(2)

Ways and means to enhance and advance the use of simulation technologies in training.

(3)

An assessment of current medical simulation technology requirements, gaps, and limitations.

(4)

An overview of Department of Defense medical training programs, as of the date of the briefing, that use live tissue training and medical simulation technologies.

(5)

Any other matters the Secretary determines appropriate.

726.

Limitation on changes to Federal Emergency Services certification levels of the Air Force

The Secretary of the Air Force may not transition Federal Emergency Services certification levels from Emergency Management Technician level to Emergency Medical Responder level until the Secretary submits to the congressional defense committees a report that contains the following:

(1)

Details on the process and factors the Air Force Emergency Medical Services Working Group used and considered to determine which military installations would be required to transition Federal Emergency Services certification levels from Emergency Medical Technician level to Emergency Medical Responder level.

(2)

The required base and community emergency response standards the Air Force Emergency Medical Services Working Group based such transition on, including information on where these standards are defined and how these standards were developed.

(3)

Information on how the Air Force will meet the needs of trench rescue, water rescue, high angle rescue, and confined space rescue pursuant to Department of Defense Instructions with less Emergency Management Technician certified personnel.

(4)

Information on the required response time standard for advanced life support and how the Air Force Emergency Medical Services Working Group determined a military installation could meet this standard.

(5)

Details on any contingency plans the Air Force has developed when basic and advance life support care and ambulance transport are unavailable as a result of these resources being used to transport patients to medical facilities located off the military installation.

727.

Strategic medical research plan

(a)

Plan

Not later than 30 days after the date on which the budget of the President for fiscal year 2020 is submitted to Congress pursuant to section 1105 of title 31, United States Code, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall submit to the congressional defense committees a comprehensive strategic medical research plan.

(b)

Matters included

The plan under subsection (a) shall include the following:

(1)

A description of all medical research focus areas of the Department of Defense and a description of the coordination process to ensure the focus areas are linked to military readiness, joint force requirements, and relevance to individuals eligible for care at military medical treatment facilities or through the TRICARE program.

(2)

A description of the medical research projects funded under the Defense Health Program account and the projects under the Congressional Directed Medical Research Programs.

(3)

A description of the process to ensure synergy across the military medical research community to address gaps in military medical research, minimize duplication of research, and to promote collaboration within research focus areas.

(4)

A description of the efforts of the Secretary to coordinate with other departments and agencies of the Federal Government to increase awareness of complementary medical research efforts that are being carried out through the Federal Government.

728.

Independent evaluation of mental health care

(a)

In general

The Secretary of Defense shall seek to enter into an agreement with a federally funded research and development center to evaluate the management of mental health care by the Defense Health Agency pursuant to section 1073c(a) of title 10, United States Code.

(b)

Selection

The Secretary shall select a federally funded research and development center under subsection (a) that has expertise and a record of independent, peer-reviewed publications with respect to—

(1)

behavioral health research; and

(2)

independent evaluations of mental health programs within the Department of Defense using multidisciplinary methods.

(c)

Matters included

The evaluation under subsection (a) shall include the following:

(1)

An assessment of the management of mental health care by the Defense Health Agency, including—

(A)

how mental health care providers will be arranged within the command structure of the Agency; and

(B)

how mental health care policy and processes will be managed within the Agency.

(2)

An assessment of the ability of each Surgeon General of the military departments to maintain the readiness of the military health workforce to deliver mental health care services operationally in support of deployed forces.

(3)

An assessment of the coordination of behavioral health research efforts across the research continuum.

(4)

An assessment of the inclusion of evidence-based suicide prevention programs.

(5)

A description of new processes to accelerate scientific research and delivery of breakthrough therapies for traumatic brain injury, chronic traumatic encephalopathy, and post-traumatic stress disorder.

(6)

Plans to field medical devices approved by the Food and Drug Administration that provide clinicians with rapid, accurate assessments of traumatic brain injury.

(d)

Submission

Not later than April 1, 2019, the Secretary shall submit to the congressional defense committees a report on the evaluation under subsection (a).

729.

Study on reimbursement rates for mental health care providers under TRICARE Prime and TRICARE Select in the East and West regions of the TRICARE program

(a)

Study

The Secretary of Defense shall conduct a study assessing the impact of using established rates to reimburse covered mental health care providers on the availability of such providers.

(b)

Elements

The study under subsection (a) shall include the following:

(1)

An evaluation of—

(A)

whether there are enough covered mental health care providers to adequately serve the beneciaries under TRICARE Prime and the beneficiaries under TRICARE Select of each locality in the East and West regions of the TRICARE program, including in rural communities in such regions; and

(B)

whether the requirements under sections 1079 (h)(1) and 1097b of title 10, United States Code, to use established rates to reimburse covered mental health care providers limits the number of covered health care providers serving each locality in the East and West regions of the TRICARE program, including in rural communities in such regions.

(2)

An assessment of the impact of using established rates to reimburse covered mental health care providers on—

(A)

the ability of beneficaries under TRICARE Prime and beneficiaries under TRICARE Select beneficiaries to access appropriate and timely mental health care in accordance with section 199.17 of title 32, Code of Federal Regulations; and

(B)

the availability of services provided by mental health care providers that are needed by members of the Armed Forces to be medically ready.

(3)

Information about instances in which the Secretary provided or applied exceptions to established rates pursuant to sections 1079(h)(2) of title 10, United States Code, to increase the number of covered mental health care providers.

(4)

A description of how the Secretary solicits and collects feedback from covered mental health care providers on established rates.

(5)

A list of actions the Secretary has taken to address such feedback.

(6)

Any legislative, regulatory, or policy recommendations that are necessary to improve the overall medical readiness of Armed Forces.

(c)

Report

Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committee on Armed Services of the House of Representatives and the Committee on the Armed Services of the Senate a report on the results of the study required under subsection (a).

(d)

Briefing

Not later than 60 days after the date on which the report required under subsection (c) is submitted to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate, the Secretary shall provide a briefing to such committees on the results of the study required under subsection (a).

(e)

Comptroller general review and report

Not later than 180 days after the date on which the report under subsection (c) is submitted to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate, the Comptroller General of the United States shall—

(1)

review the report required under subsection (c); and

(2)

submit to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate an assessment of—

(A)

whether the results of the study required under subsection (a) are supported by the data and information examined in the study required under subsection (a); and

(B)

the feasibility of any recommendations identified by the Secretary under subsection (b)(6).

(f)

Definitions

In this section:

(1)

The term established rate means the payment amount determined by the Secretary pursuant to sections 1079(h)(1) and 1097b of title 10, United States Code, and section 199.14 of title 32, Code of Federal Regulations.

(2)

The term covered mental health care provider means a mental health care provider under TRICARE Prime and TRICARE Select in the East and West regions of the TRICARE program.

(3)

The term mental health care provider means a psychiatrist, clinical psychologist, certified psychiatric nurse specialist, certified clinical social worker, certified marriage and family therapist, TRICARE certified mental health counselor, pastoral counselor under the supervision of a physician, and supervised mental health counselor under the supervision of a physician.

(4)

The term locality means a geographic location—

(A)

designated as a Prime Service Area under section 199.17(b)(1) of title 32, Code of Federal Regulations; and

(B)

in which the Secretary entered into a contract under chapter 55 of title 10, United States Code, with a contractor under the TRICARE program to provide health care services to beneficiaries by TRICARE-authorized civilian health care providers.

(5)

The terms TRICARE Prime and TRICARE Select have the meanings given those terms in section 1072 of title 10, United States Code.

VIII

Acquisition policy, acquisition management, and related matters

A

Streamlining of defense acquisition statutes and regulations

800.

Effective dates; coordination of amendments

(a)

Effective dates

(1)

Parts I and II

Parts I and II of this subtitle, and the redesignations and amendments made by such parts, shall take effect on February 1, 2020.

(2)

Part III

Part III of this subtitle shall take effect on the date of the enactment of this Act.

(b)

Coordination of amendments

The redesignations and amendments made by part II of this subtitle shall be executed—

(1)

before the amendments made by part I of this subtitle; and

(2)

after any amendments made by any other provisions of this Act.

I

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

801.

Framework for new part V of subtitle A

(a)

In general

Subtitle A of title 10, United States Code, is amended by adding at the end the following new part:

V

Acquisition

Chap.Sec.

SUBPART A—GENERAL

201.Definitions3001 203.General Matters3021 205.Defense Acquisition System 3051 207.Budgeting and Appropriations Matters 3101 209.Overseas Contingency Operations 3151

SUBPART B—ACQUISITION PLANNING

221.Planning and Solicitation Generally3201 223.Planning and Solicitation Relating to Particular Items or Services 3251

SUBPART C—CONTRACTING METHODS AND CONTRACT TYPES

241.Awarding of Contracts3301 243.Specific Types of Contracts 3351 245.Task and Delivery Order Contracts (Multiple Award Contracts)3401 247.Acquisition of Commercial Items 3451 249.Multiyear Contracts 3501 251.Simplified Acquisition Procedures 3551 253.Emergency and Rapid Acquisitions 3601 255.Contracting With or Through Other Agencies3651

SUBPART D—GENERAL CONTRACTING REQUIREMENTS

271.Truthful Cost or Pricing Data3701 273.Allowable Costs3741 275.Proprietary Contractor Data and Technical Data 3771 277.Contract Financing3801 279.Contractor Audits and Accounting3841 281.Claims and Disputes3861 283.Foreign Acquisitions3881 285.Small Business Programs3901 287.Socioeconomic Programs3961

SUBPART E—SPECIAL CATEGORIES OF CONTRACTING: MAJOR DEFENSE ACQUISITION PROGRAMS AND MAJOR SYSTEMS

301.Major Defense Acquisition Programs4001 303.Weapon Systems Development and Related Matters 4071 305.Other Matters Relating to Major Systems4121

SUBPART F—SPECIAL CATEGORIES OF CONTRACTING: RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

321.Research and Development Generally4201 323.Innovation4301 325.Department of Defense Laboratories 4351 327.Research and Development Centers and Facilities4401 329.Operational Test and Evaluation; Developmental Test and Evaluation4451

SUBPART G—OTHER SPECIAL CATEGORIES OF CONTRACTING

341.Contracting for Performance of Civilian Commercial or Industrial Type Functions4501 343.Acquisition of Services4541 345.Acquisition of Information Technology4571

SUBPART H—CONTRACT MANAGEMENT

361.Contract Administration4601 363.Prohibitions and Penalties4651 365.Contractor Workforce4701 367.Other Administrative and Miscellaneous Provisions4751

SUBPART I—DEFENSE INDUSTRIAL BASE

381.Defense Industrial Base Generally4801 383.Loan Guarantee Programs4861 385.Procurement Technical Assistance Cooperative Agreement Program 4881
A

General

201

Definitions

3001.

Reserved

Reserved
203

General Matters

3021.

Reserved

Reserved
205

Defense Acquisition System

3051.

Reserved

Reserved
207

Budgeting and Appropriations Matters

3101.

Reserved

Reserved
209

Overseas Contingency Operations

3151.

Reserved

Reserved
B

Acquisition Planning

221

Planning and solicitation generally

3201.

Reserved

Reserved
223

Planning and solicitation relating to particular items or services

3251.

Reserved

Reserved
C

Contracting Methods and Contract Types

241

Awarding of contracts

3301.

Reserved

Reserved
243

Specific types of contracts

3351.

Reserved

Reserved
245

Task and delivery order contracts (multiple award contracts)

3401.

Reserved

Reserved
247

Acquisition of commercial items

3451.

Reserved

Reserved
249

Multiyear contracts

3501.

Reserved

Reserved
251

Simplified acquisition procedures

3551.

Reserved

Reserved
253

Emergency and rapid acquisitions

3601.

Reserved

Reserved
255

Contracting with or through other agencies

3651.

Reserved

Reserved
D

General Contracting Requirements

271

Truthful cost or pricing data

3701.

Reserved

Reserved
273

Allowable costs

3741.

Reserved

Reserved
275

Proprietary contractor data and technical data

3771.

Reserved

Reserved
277

Contract financing

3801.

Reserved

Reserved
279

Contractor audits and accounting

3841.

Reserved

Reserved
281

Claims and disputes

3861.

Reserved

Reserved
283

Foreign acquisitions

3881.

Reserved

Reserved
285

Small business programs

3901.

Reserved

Reserved
287

Socioeconomic programs

3961.

Reserved

Reserved
E

Special Categories of Contracting: Major Defense Acquisition Programs and Major Systems

301

Major defense acquisition programs

4001.

Reserved

Reserved
303

Weapon systems development and related matters

4071.

Reserved

Reserved
305

Other matters relating to major systems

4121.

Reserved

Reserved
F

Special Categories of Contracting: Research, Development, Test, and Evaluation

321

Research and development generally

4201.

Reserved

Reserved
323

Innovation

4301.

Reserved

Reserved
325

Department of Defense laboratories

4351.

Reserved

Reserved
327

Research and development centers and facilities

4401.

Reserved

Reserved
329

Operational test and evaluation; developmental test and evaluation

4451.

Reserved

Reserved
G

Other Special Categories Of Contracting

341

Contracting for performance of civilian commercial or industrial type functions

4501.

Reserved

Reserved
343

Acquisition of services

4541.

Reserved

Reserved
345

Acquisition of information technology

4571.

Reserved

Reserved
H

Contract Management

361

Contract administration

4601.

Reserved

Reserved
363

Prohibitions and penalties

4651.

Reserved

Reserved
365

Contractor workforce

4701.

Reserved

Reserved
367

Other administrative and miscellaneous provisions

4751.

Reserved

Reserved
I

Defense Industrial Base

381

Defense Industrial Base Generally

4801.

Reserved

Reserved
383

Loan guarantee programs

4861.

Reserved

Reserved
385

Procurement technical assistance cooperative agreement program

4881.

Reserved

Reserved

.

(b)

Table of chapters amendment

The table of chapters at the beginning of subtitle A is amended by adding at the end the following new items:

V

ACQUISITION

Chap.Sec.

SUBPART A—GENERAL

201.Definitions3001 203.General Matters3021 205.Defense Acquisition System 3051 207.Budgeting and Appropriations Matters 3101 209.Overseas Contingency Operations 3151

SUBPART B—ACQUISITION PLANNING

221.Planning and Solicitation Generally3201 223.Planning and Solicitation Relating to Particular Items or Services 3251

SUBPART C—CONTRACTING METHODS AND CONTRACT TYPES

241.Awarding of Contracts3301 243.Specific Types of Contracts 3351 245.Task and Delivery Order Contracts (Multiple Award Contracts)3401 247.Acquisition of Commercial Items 3451 249.Multiyear Contracts 3501 251.Simplified Acquisition Procedures 3551 253.Emergency and Rapid Acquisitions 3601 255.Contracting With or Through Other Agencies3651

SUBPART D—GENERAL CONTRACTING REQUIREMENTS

271.Truthful Cost or Pricing Data3701 273.Allowable Costs3741 275.Proprietary Contractor Data and Technical Data 3771 277.Contract Financing3801 279.Contractor Audits and Accounting3841 281.Claims and Disputes3861 283.Foreign Acquisitions3881 285.Small Business Programs3901 287.Socioeconomic Programs3961

SUBPART E—SPECIAL CATEGORIES OF CONTRACTING: MAJOR DEFENSE ACQUISITION PROGRAMS AND MAJOR SYSTEMS

301.Major Defense Acquisition Programs4001 303.Weapon Systems Development and Related Matters 4071 305.Other Matters Relating to Major Systems4121

SUBPART F—SPECIAL CATEGORIES OF CONTRACTING: RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

321.Research and Development Generally4201 323.Innovation4301 325.Department of Defense Laboratories 4351 327.Research and Development Centers and Facilities4401 329.Operational Test and Evaluation; Developmental Test and Evaluation4451

SUBPART G—OTHER SPECIAL CATEGORIES OF CONTRACTING

341.Contracting for Performance of Civilian Commercial or Industrial Type Functions4501 343.Acquisition of Services4541 345.Acquisition of Information Technology4571

SUBPART H—CONTRACT MANAGEMENT

361.Contract Administration4601 363.Prohibitions and Penalties4651 365.Contractor Workforce4701 367.Other Administrative and Miscellaneous Provisions4751

SUBPART I—DEFENSE INDUSTRIAL BASE

381.Defense Industrial Base Generally4801 383.Loan Guarantee Programs4861 385.Procurement Technical Assistance Cooperative Agreement Program 4881

.

II

Redesignation of sections and chapters of subtitles B, C, and D to provide room for new part V of subtitle A

806.

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

(a)

Subtitle D, part III, section numbers

The sections in part III of subtitle D of title 10, United States Code, are redesignated as follows:

(1)

Chapter 909

Each section in chapter 909 is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 50.

(2)

Chapter 907

Each section in chapter 907 is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 70.

(3)

Chapters 901 and 903

Each section in chapter 901 and chapter 903 is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 100.

(b)

Subtitle D, part II, section numbers

The sections in part II of such subtitle are redesignated as follows:

(1)

Chapter 831

Section 8210 is redesignated as section 9110.

(2)

Chapter 833

Sections 8251, 8252, 8257, and 8258 are redesignated as sections 9131, 9132, 9137, and 9138, respectively.

(3)

Chapter 835

Sections 8281 and 8310 are redesignated as sections 9151 and 9160, respectively.

(4)

Chapter 839

Section 8446 is redesignated as section 9176.

(5)

Chapter 841

Sections 8491 and 8503 are redesignated as sections 9191 and 9203, respectively.

(6)

Chapter 843

Sections 8547 and 8548 are redesignated as sections 9217 and 9218, respectively.

(7)

Chapter 845

Sections 8572, 8575, 8579, 8581, and 8583 are redesignated as sections 9222, 9225, 9229, 9231, and 9233, respectively.

(8)

Chapter 849

Section 8639 is redesignated as section 9239.

(9)

Chapter 853

Sections 8681, 8684, and 8691 are redesignated as sections 9251, 9252, and 9253, respectively.

(10)

Chapter 855

Section 8723 is redesignated as section 9263.

(11)

Chapter 857

Each section in chapter 857 is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 530.

(12)

Chapter 861

Section 8817 is redesignated as section 9307.

(13)

Chapter 867

Each section in chapter 867 is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 400.

(14)

Chapter 869

Sections 8961, 8962, 8963, 8964, 8965, and 8966 are redesignated as sections 9341, 9342, 9343, 9344, 9345, and 9346, respectively.

(15)

Chapter 871

Sections 8991 and 8992 are redesignated as sections 9361 and 9362, respectively.

(16)

Chapter 873

Sections 9021, 9025, and 9027 are redesignated as sections 9371, 9375, and 9377, respectively.

(17)

Chapter 875

Section 9061 is redesignated as section 9381.

(c)

Subtitle D, part I, section numbers

Each section in part I of such subtitle is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 1,000.

(d)

Subtitle D chapter numbers

(1)

Part IV chapter numbers

Each chapter in part IV of such subtitle is redesignated so that the number of the chapter, as redesignated, is the number equal to the previous number plus 30.

(2)

Part III chapter numbers

Each chapter in part III of such subtitle is redesignated so that the number of the chapter, as redesignated, is the number equal to the previous number plus 50.

(3)

Part II chapter numbers

(A)

In general

Except as provided in subparagraph (B), each chapter in part II of such subtitle is redesignated so that the number of the chapter, as redesignated, is the number equal to the previous number plus 80.

(B)

Other chapters

(i)

Chapter 861 is redesignated as chapter 939.

(ii)

Chapters 867, 869, 871, 873, and 875 are each redesignated so that the number of the chapter, as redesignated, is the number equal to the previous number plus 74.

(4)

Part I chapter numbers

Each chapter in part I of such subtitle is redesignated so that the number of the chapter, as redesignated, is the number equal to the previous number plus 100.

(e)

Subtitle D tables of sections and tables of chapters

(1)

Tables of sections

The tables of sections at the beginning of the chapters of such subtitle are revised so as to conform the section references in those tables to the redesignations made by subsections (a), (b), and (c).

(2)

Tables of chapters

The table of chapters at the beginning of such subtitle, and the tables of chapters at the beginning of each part of such subtitle, are revised so as to conform the chapter references and section references in those tables to the redesignations made by this section.

807.

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

(a)

Subtitle C, part I, section numbers

(1)

In general

Except as provided in paragraph (2), each section in part I of subtitle C of title 10, United States Code, is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 3,000.

(2)

Chapter 513

For sections in chapter 513, each section is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 2,940.

(b)

Subtitle C, part II, section numbers

The sections in part II of such subtitle are redesignated as follows:

(1)

Chapter 533

Sections 5441, 5450, and 5451 are redesignated as sections 8101, 8102, and 8103, respectively.

(2)

Chapter 535

Sections 5501, 5502, 5503, and 5508 are redesignated as sections 8111, 8112, 8113, and 8118, respectively.

(3)

Chapter 537

Section 5540 is redesignated as section 8120.

(4)

Chapter 539

Sections 5582, 5585, 5587, 5587a, 5589, and 5596 are redesignated as sections 8132, 8135, 8137, 8138, 8139, and 8146, respectively.

(5)

Chapter 544

Section 5721 is redesignated as section 8151.

(6)

Chapter 551

Each section in chapter 551 is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 2,220.

(7)

Chapter 553

Sections 5983, 5985, and 5986 are redesignated as sections 8183, 8185, and 8186, respectively.

(8)

Chapter 555

The sections in chapter 555 are redesignated as follows:

SectionRedesignated Section
60118211
60128212
60138213
60148214
60198215
60218216
60228217
60248218
60278219
60298220
60318221
60328222
60358225
60368226
(9)

Chapter 557

Each section in chapter 557 is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 2,160.

(10)

Chapter 559

Section 6113 is redesignated as section 8253.

(11)

Chapter 561

The sections in chapter 561 are redesignated as follows:

SectionRedesignated Section
61418261
61518262
61528263
61538264
61548265
61558266
61568267
61608270
61618271
(12)

Chapter 563

Sections 6201, 6202, and 6203 are redesignated as sections 8281, 8282, and 8283, respectively.

(13)

Chapter 565

Sections 6221 and 6222 are redesignated as sections 8286 and 8287, respectively.

(14)

Chapter 567

Each section in chapter 567 is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 2,050.

(15)

Chapter 569

Section 6292 is redesignated as section 8317.

(16)

Chapter 571

Each section in chapter 571 is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 2,000.

(17)

Chapter 573

Sections 6371, 6383, 6389, 6404, and 6408 are redesignated as sections 8371, 8372, 8373, 8374, and 8375, respectively.

(18)

Chapter 575

Sections 6483, 6484, 6485, and 6486 are redesignated as sections 8383, 8384, 8385, and 8386, respectively.

(19)

Chapter 577

Section 6522 is redesignated as section 8392.

(c)

Subtitle C, part III, section numbers

(1)

In general

Except as provided in paragraph (2), each section in part III of such subtitle is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 1,500.

(2)

Chapter 609

Sections 7101, 7102, 7103, and 7104 are redesignated as sections 8591, 8592, 8593, and 8594, respectively.

(d)

Subtitle C, part IV, section numbers

The sections in part IV of such subtitle are redesignated as follows:

(1)

Chapter 631

Each section in chapter 631 is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 1,400.

(2)

Chapter 633

Each section in chapter 633 is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 1,370.

(3)

Chapter 637

Sections 7361, 7362, 7363, and 7364 are redesignated as sections 8701, 8702, 8703, and 8704, respectively.

(4)

Chapter 639

Sections 7395 and 7396 are redesignated as sections 8715 and 8716, respectively.

(5)

Chapter 641

Each section in chapter 641 is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 1,300.

(6)

Chapter 643

Sections 7472, 7473, 7476, 7477, 7478, 7479, and 7480 are redesignated as sections 8742, 8743, 8746, 8747, 8748, 8749, and 8750, respectively.

(7)

Chapter 645

Sections 7522, 7523, and 7524 are redesignated as sections 8752, 8753, and 8754, respectively.

(8)

Chapter 647

The sections in chapter 647 are redesignated as follows:

SectionRedesignated Section
75418761
7541a8761a
7541b8761b
75428762
75438763
75448764
75458745
75468746
75778747
(9)

Chapters 649, 651, 653, and 655

Each section in chapters 649, 651, 653, and 655 is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 1,200.

(10)

Chapter 657

Each section in chapter 657 is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 1,170.

(11)

Chapter 659

Sections 7851, 7852, 7853, and 7854 are redesignated as sections 8901, 8902, 8903, and 8904, respectively.

(12)

Chapter 661

Sections 7861, 7862, and 7863 are redesignated as sections 8911, 8912, and 8913, respectively.

(13)

Chapter 663

Section 7881 is redesignated as section 8921.

(14)

Chapter 665

Sections 7901, 7902, and 7903 are redesignated as sections 8931, 8932, and 8933, respectively.

(15)

Chapter 667

Sections 7912 and 7913 are redesignated as sections 8942 and 8943, respectively.

(16)

Chapter 669

Section 7921 is redesignated as section 8951.

(e)

Subtitle C chapter numbers

(1)

Part I chapter numbers

Each chapter in part I of such subtitle is redesignated so that the number of the chapter, as redesignated, is the number equal to the previous number plus 300, except that chapter 513 is redesignated as chapter 809.

(2)

Part II chapter numbers

(A)

In general

Except as provided in subparagraph (B), each chapter in part II of such subtitle is redesignated so that the number of the chapter, as redesignated, is the number equal to the previous number plus 270.

(B)

Other chapters

Chapter 533 is redesignated as chapter 811, chapter 535 is redesignated as chapter 812, chapter 537 is redesignated as chapter 813, chapter 539 is redesignated as chapter 815, and chapter 544 is redesignated as chapter 817.

(3)

Part III chapter numbers

Each chapter in part III of such subtitle is redesignated so that the number of the chapter, as redesignated, is the number equal to the previous number plus 250.

(4)

Part IV chapter numbers

Each chapter in part IV of such subtitle is redesignated so that the number of the chapter, as redesignated, is the number equal to the previous number plus 228, except that chapter 631 is redesignated as chapter 861 and chapter 633 is redesignated as chapter 863.

(f)

Subtitle C tables of sections and tables of chapters

(1)

Tables of sections

The table of sections at the beginning of each chapter of such subtitle is revised so as to conform the section references in the table to the redesignations made by subsections (a), (b), (c), and (d).

(2)

Tables of chapters

The table of chapters at the beginning of such subtitle, and the tables of chapters at the beginning of each part of such subtitle, are revised so as to conform the chapter references and section references in those tables to the redesignations made by this section.

808.

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

(a)

Subtitle B, part I, section numbers

Each section in part I of subtitle B of title 10, United States Code, is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 4,000.

(b)

Subtitle B, part II, section numbers

The sections in part II of such subtitle are redesignated as follows:

(1)

Chapter 331

Section 3210 is redesignated as section 7110.

(2)

Chapter 333

Sections 3251, 3258, and 3262 are redesignated as sections 7131, 7138, and 7142, respectively.

(3)

Chapter 335

Sections 3281, 3282, 3283, and 3310 are redesignated as sections 7151, 7152, 7153, and 7160, respectively.

(4)

Chapter 339

Section 3446 is redesignated as sections 7176.

(5)

Chapter 341

Sections 3491 and 3503 are redesignated as sections 7191 and 7203, respectively.

(6)

Chapter 343

Sections 3533, 3534, 3536, 3547 and 3548 are redesignated as sections 7213, 7214, 7316, 7217, and 7218, respectively.

(7)

Chapter 345

Sections 3572, 3575, 3579, 3581, and 3583 are redesignated as sections 7222, 7225, 7229, 7231, and 7233, respectively.

(8)

Chapter 349

Section 3639 is redesignated as section 7239.

(9)

Chapter 353

Sections 3681, 3684, and 3691 are redesignated as sections 7251, 7252, and 7253, respectively.

(10)

Chapter 355

Section 3723 is redesignated as section 7263.

(11)

Chapter 357

Each section in chapter 357 is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 3,530.

(12)

Chapter 367

Each section in chapter 367 is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 3,400.

(13)

Chapter 369

Sections 3961, 3962, 3963, 3964, 3965, and 3966 are redesignated as sections 7341, 7342, 7343, 7344, 7345, and 7346, respectively.

(14)

Chapter 371

Sections 3991 and 3992 are redesignated as sections 7361 and 7362, respectively.

(15)

Chapter 373

Sections 4021, 4024, 4025, and 4027 are redesignated as sections 7371, 7374, 7375, and 7377, respectively.

(16)

Chapter 375

Section 4061 is redesignated as section 7381.

(c)

Subtitle B, part III, section numbers

(1)

In general

Except as provided in paragraph (2), each section in part III of such subtitle is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 3,100.

(2)

Chapter 407

Each section in chapter 407 is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 3,070.

(d)

Subtitle B, part IV, section numbers

Each section in part IV of such subtitle is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 3,000.

(e)

Subtitle B chapter numbers

(1)

Part I chapter numbers

Each chapter in part I of such subtitle is redesignated so that the number of the chapter, as redesignated, is the number equal to the previous number plus 400.

(2)

Part II chapter numbers

(A)

In general

Except as provided in subparagraph (B), each chapter in part II of such subtitle is redesignated so that the number of the chapter, as redesignated, is the number equal to the previous number plus 380.

(B)

Other chapters

Chapters 367, 369, 371, 373, and 375 are each redesignated so that the number of the chapter, as redesignated, is the number equal to the previous number plus 374.

(3)

Part III chapter numbers

Each chapter in part III of such subtitle is redesignated so that the number of the chapter, as redesignated, is the number equal to the previous number plus 350.

(4)

Part IV chapter numbers

Each chapter in part IV of such subtitle is redesignated so that the number of the chapter, as redesignated, is the number equal to the previous number plus 330.

(f)

Subtitle B tables of sections and tables of chapters

(1)

Tables of sections

The table of sections at the beginning of each chapter of such subtitle is revised so as to conform the section references in the table to the redesignations made by subsections (a), (b), (c), and (d).

(2)

Tables of chapters

The table of chapters at the beginning of such subtitle, and the tables of chapters at the beginning of each part of such subtitle, are revised so as to conform the chapter references and section references in those tables to the redesignations made by this section.

809.

Cross references to redesignated sections and chapters

(a)

Amendments to references in title 10

Each provision of title 10, United States Code (including the table of subtitles preceding subtitle A), that contains a reference to a section or chapter redesignated by this subtitle is amended so that the reference refers to the number of the section or chapter as redesignated.

(b)

Deeming rule for other references

Any reference in a provision of law other than title 10, United States Code, to a section or chapter redesignated by this subtitle shall be deemed to refer to the section or chapter as so redesignated.

III

Repeals of Certain Provisions of Defense Acquisition Law

811.

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

(a)

Amendment to statutory requirement for Director of Corrosion Policy and Oversight

(1)

In general

Section 2228 of title 10, United States Code, is amended—

(A)

by amending subsection (a) to read as follows:

(a)

Establishment

There is established an Office of Corrosion Policy and Oversight within the Department of Defense, which shall be headed by a Director of Corrosion Policy and Oversight.

;

(B)

by striking subsections (b) and (c);

(C)

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

(D)

in subsection (c) (as so resdesignated), by striking subsection (d) each place it appears and inserting subsection (b).

(2)

Conforming amendment

Section 1067 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 116 Stat. 2658, 2659; 10 U.S.C. 2228 note) is amended by striking subsections (b), (c), (d), and (e).

(b)

Repeal of statutory requirement for Director of the Office of Performance Assessment and Root Cause Analysis

(1)

Repeal

(A)

In general

Section 2438 of title 10, United States Code, is repealed.

(B)

Clerical amendment

The table of sections at the beginning of chapter 144 of such title is amended by striking the item relating to section 2438.

(2)

Conforming amendments

(A)

Section 131(b)(9) of such title is amended by striking subparagraph (I).

(B)

Section 2548(a) of such title is amended by striking , the Director of Procurement and Acquisition Policy, and the Director of the Office of Performance Assessment and Root Cause Analysis, and inserting and the Director of Procurement and Acquisition Policy.

(C)

Section 882 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2222 note) is amended by striking subsection (a).

(c)

Repeal of statutory requirement for Office of Technology Transition

(1)

Repeal

Section 2515 of title 10, United States Code, is repealed.

(2)

Clerical amendment

The table of sections at the beginning of subchapter III of chapter 148 of such title is amended by striking the item relating to section 2515.

(d)

Repeal of statutory requirement for Office for Foreign Defense Critical Technology Monitoring and Assessment

(1)

Repeal

Section 2517 of title 10, United States Code, is repealed.

(2)

Clerical amendment

The table of sections at the beginning of subchapter III of chapter 148 of such title is amended by striking the item relating to section 2517.

(e)

Repeal of statutory requirement for small business ombudsman for Defense Contract Audit Agency and Defense Contract Management Agency

(1)

Repeal

Section 204 of title 10, United States Code, is repealed.

(2)

Clerical amendment

The table of sections at the beginning of subchapter II of chapter 8 of such title is amended by striking the item relating to section 204.

(f)

Repeal of statutory requirement for Defense Logistics Agency advocate for competition

(1)

Repeal

Section 2318 of title 10, United States Code, is amended—

(A)

by striking subsection (a); and

(B)

by striking (b) before Each advocate.

(2)

Technical amendments

Such section is further amended—

(A)

by striking advocate for competition of and inserting advocate for competition designated pursuant to section 1705(a) of title 41 for; and

(B)

by striking a grade GS–16 or above under the General Schedule (or in a comparable or higher position under another schedule) and inserting in a position classified above GS–15 pursuant to section 5108 of title 5.

(g)

Sunset for statutory designation of senior Department of Defense official with principal responsibility for directed energy weapons

Section 219 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2431 note) is amended by adding at the end the following new subsection:

(d)

Sunset

The provisions of subsection (a) and of paragraphs (2) and (3) of subsection (b) shall cease to be in effect as of September 30, 2022.

.

(h)

Repeal of statutory requirement for designation of individual to serve as primary liaison between the procurement and research and development activities of the united states armed forces and those of the State of Israel

Section 1006 of the National Defense Authorization Act, Fiscal Year 1989 (Public Law 100–456; 102 Stat. 2040; 10 U.S.C. 133a note) is repealed.

(i)

Repeal of statutory requirement for designation of senior official to coordinate and manage human systems integration activities related to acquisition programs

Section 231 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 45; 10 U.S.C. 1701 note) is amended—

(1)

by striking (a) In general.—; and

(2)

by striking subsections (b), (c), and (d).

(j)

Repeal of statutory requirement for designation of senior official responsible for focus on urgent operational needs and rapid acquisition

Section 902 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1865; 10 U.S.C. 2302 note) is repealed.

(k)

Repeal of statutory requirement for designation of senior official responsible for dual-use projects under dual-use science and technology program

Section 203 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85; 10 U.S.C. 2511 note) is amended by striking subsection (c).

(l)

Repeal of statutory requirement for designation of senior official as executive agent for printed circuit board technology

Section 256 of the National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4404; 10 U.S.C. 2501 note) is repealed.

812.

Repeal of certain defense acquisition laws

(a)

Title 10, United States Code

(1)

Section 167a

(A)

Repeal

Section 167a of title 10, United States Code, is repealed.

(B)

Clerical amendment

The table of sections at the beginning of chapter 6 of such title is amended by striking the item relating to section 167a.

(C)

Conforming amendment

Section 905(a)(1) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 133a note) is amended by striking 166b, 167, or 167a and inserting 166b or 167.

(2)

Section 2323

(A)

Repeal

Section 2323 of title 10, United States Code, is repealed.

(B)

Clerical amendment

The table of sections at the beginning of chapter 137 of such title is amended by striking the item relating to section 2323.

(C)

Conforming amendments

(i)

Section 853(c) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 2302 note) is amended by striking section 2323 of title 10, United States Code, and.

(ii)

Section 831(n) of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 2302 note) is amended—

(I)

in paragraph (4), by inserting , as in effect on March 1, 2018 after section 2323 of title 10, United States Code; and

(II)

in paragraph (6), by striking section 2323 of title 10, United States Code, and.

(iii)

Subsection (d) of section 811 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 2323 note) is repealed.

(iv)

Section 8304(1) of the Federal Acquisition Streamlining Act of 1994 (10 U.S.C. 2375 note) is amended by striking section 2323 of title 10, United States Code, or.

(v)

Section 10004(a)(1) of the Federal Acquisition Streamlining Act of 1994 (41 U.S.C. 1122 note) is amended by striking section 2323 of title 10, United States Code, or.

(vi)

Section 2304(b)(2) of title 10, United States Code, is amended by striking and concerns other than and all that follows through this title.

(vii)

Section 2304e(b) of title 10, United States Code, is amended—

(I)

by striking other than— and all that follows through small and inserting other than small;

(II)

by striking ; or and inserting a period; and

(III)

by striking paragraph (2).

(viii)

Section 2323a(a) of title 10, United States Code, is amended by striking section 2323 of this title and.

(ix)

Section 15 of the Small Business Act (15 U.S.C. 644) is amended—

(I)

in subsection (j)(3), by striking section 2323 of title 10, United States Code,;

(II)

in subsection (k)(10)—

(aa)

by striking or section 2323 of title 10, United States Code, and all that follows through subsection (m),; and

(bb)

by striking subsection (a), and inserting subsection (a) or; and

(III)

by amending subsection (m) to read as follows:

(m)

Additional duties of procurement center representatives

All procurement center representatives (including those referred to in subsection (k)(6)), in addition to such other duties as may be assigned by the Administrator, shall increase, insofar as possible, the number and dollar value of procurements that may be used for the programs established under this section and section 8(a).

.

(x)

Section 1902(b)(1) of title 41, United States Code, is amended by striking , section 2323 of title 10,.

(3)

Section 2332

(A)

Repeal

Section 2332 of title 10, United States Code, is repealed.

(B)

Clerical amendment

The table of sections at the beginning of chapter 137 of such title is amended by striking the item relating to section 2332.

(b)

Other provisions of law

The following provisions of law are repealed:

(1)

Section 801 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 10 U.S.C. 2223a note).

(2)

Section 934 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 10 U.S.C. 2223a note).

(3)

Section 804 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2223a note).

(4)

Section 881 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2223a note).

(5)

Section 854 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2302 note).

(6)

Section 804 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 10 U.S.C. 2302 note).

(7)

Section 829 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 10 U.S.C. 2302 note).

(8)

Section 818(g) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 2302 note).

(9)

Section 815(b) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2302 note).

(10)

Section 812 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 2302 note).

(11)

Section 817 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 10 U.S.C. 2302 note).

(12)

Section 141 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 10 U.S.C. 2302 note).

(13)

Section 801(b) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 2302 note).

(14)

Section 805(a) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 2302 note).

(15)

Section 352 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 2302 note).

(16)

Section 326 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 10 U.S.C. 2302 note).

(17)

Section 9004 of the Department of Defense Appropriations Act, 1990 (Public Law 101–165; 10 U.S.C. 2302 note).

(18)

Section 895 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2304 note).

(19)

Section 802 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 2304 note).

(20)

Section 821 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2304 note).

(21)

Section 813 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 2304 note).

(22)

Section 391 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85; 10 U.S.C. 2304 note).

(23)

Section 927(b) of Public Laws 99–500, 99–591, and 99–661 (10 U.S.C. 2304 note).

(24)

Section 1222(b) of the National Defense Authorization Act for Fiscal Year 1987 (Public Law 99–661; 10 U.S.C. 2304 note).

(25)

Section 814(b) of the National Defense A