Calendar No. 442

115th CONGRESS
2d Session
H. R. 5515


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


IN THE SENATE OF THE UNITED STATES

June 4, 2018

Received

June 5, 2018

Read twice and placed on the calendar


AN ACT

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

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

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

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

(a) Divisions.—This Act is organized into seven 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—Coast Guard Authorization Act of 2017.

(5) Division E—National Strategic and Critical Minerals Production.

(6) Division F—Fees for Medical Services Provided by National Park Service Personnel.

(7) Division G—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.

Sec. 148. Sense of Congress on conversion of F–22 aircraft.

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.

Sec. 153. Armored commercial passenger-carrying vehicles.

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.

Sec. 220A. Establishment of innovators database in the Department of Defense.

Sec. 220B. Strategic plan for Department of Defense test and evaluation resources.

Sec. 220C. Collaboration between Defense laboratories, industry, and academia; open campus program.

Sec. 220D. Entrepreneurial education program for personnel of Department of Defense laboratories.

Sec. 220E. Process for coordination of studies and analysis research of the Department of Defense.

Sec. 220F. Jet noise reduction program of the Navy.

Sec. 220G. Permanent extension and codification of authority to conduct technology protection features activities during research and development of defense systems.

Sec. 220H. STEM jobs action plan.

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.

Sec. 226. Increase in funding for divertor test tokamak research and development.

Sec. 227. Briefing on innovative mobile security technology capabilities.

Sec. 228. Modification of funding criteria under Historically Black Colleges and Universities and minority institutions program.

Sec. 229. Report on OA–X light attack aircraft applicability to partner nation support.

Sec. 230. Funding for development of canine plasma for hemorrhagic control.

Sec. 231. Sense of Congress on partnerships for next generation hypersonics capabilities.

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.

Sec. 315. Department of Defense environmental restoration programs.

Sec. 316. Production and use of natural gas at Fort Knox.

Sec. 317. Explosive Ordnance Disposal Defense Program.

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

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

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.

Sec. 328. Report on pilot program for micro-reactors.

Sec. 329. Report on effects of increased automation of defense industrial base on manufacturing workforce.

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.

Sec. 335. Report on depot-level maintenance and repair.

Sec. 336. Report on personal protective equipment requirements for civil response teams to volcanic activity.

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

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

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.

Sec. 344. Study on phasing out open burn pits.

Sec. 345. Notification requirements relating to changes to military uniform components.

Sec. 346. Assessment, monitoring, and evaluation of security cooperation.

Sec. 347. Joint Task Force for Explosive Ordnance Disposal and Countering Improvised Explosive Devices in United States Northern Command.

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.

Sec. 507. Demonstration program on accession of candidates with auditory impairments as Air Force officers.

Sec. 508. Report on rate of maternal mortality among members of the Armed Forces.

Sec. 509. Grades of Chiefs of Chaplains.

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.

Sec. 515. National Guard Youth Challenge Program.

Sec. 516. National Guard Youth Challenge Program.

Sec. 517. Use of National Guard in case of a major disaster or request from a State governor.

Sec. 518. Funding of National Guard in case of a major disaster or emergency declared under the Stafford Act.

Sec. 519. Pilot program for EOD-qualified members of the Army National Guard to support civil authorities.

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.

Sec. 528. Entrepreneurial sabbatical for scientists employed at defense laboratories.

Sec. 529. Completion of Department of Defense Directive 2310.07E regarding missing persons.

Sec. 530. Attending Physician to the Congress.

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.

Sec. 547. Definition of military sexual trauma.

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.

Sec. 560. Atomic veterans service medal.

Sec. 560A. Report on availability of college credit for skills acquired during military service.

Sec. 560B. Information regarding county veterans service officers.

Sec. 560C. Enhancement of authorities in connection with Junior Reserve Officers' Training Corps programs.

Sec. 560D. Transition outreach pilot program.

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.

Sec. 566. Flexible maternity and parental leave.

Sec. 567. Report on wage determination for certain programs.

Sec. 568. Education for dependents of certain retired members of the Armed Forces.

Sec. 569. Temporary expansion of authority for noncompetitive appointments of military spouses by Federal agencies.

Sec. 570. Assessment and report on active shooter threat mitigation at schools located on military installations.

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.

Sec. 573. Award of medals or other commendations to handlers of military working dogs and military working dogs.

Sec. 574. Authorization for award of distinguished-service cross to Justin T. Gallegos for acts of valor during Operation Enduring Freedom.

Sec. 575. Report on awards for cost-saving ideas.

Sec. 576. Eligibility of veterans of Operation End Sweep for Vietnam Service Medal.

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.

Sec. 586. Inclusion of blast exposure history in service records.

Sec. 587. Cybersecurity educational programs and awareness in Junior Reserve Officer Training Corps.

Sec. 588. Publication of guidance and information on housing markets near certain military installations.

Sec. 589. Assistance of States for deployment-related support of members of the Armed Forces undergoing deployment and their families beyond the Yellow Ribbon Reintegration Program.

Sec. 590. Exemption from repayment of voluntary separation pay.

Sec. 591. Service of wounded warriors as remotely piloted aircraft pilots or remotely piloted aircraft sensor operators in the Air Force.

Sec. 592. Transportation of remains of casualties; travel expenses for next of kin.

Sec. 593. Garnishment to satisfy judgment rendered for physically, sexually, or emotionally abusing a child.

Sec. 594. Use of mobile applications for training manuals.

Sec. 595. Addressing attrition levels of women in the military.

Sec. 596. Proof of period of military service for purposes of interest rate limitation under the Servicemembers Civil Relief Act.

Sec. 597. Report regarding possible improvements to processing retirements and medical discharges.

Sec. 598. Chaplaincies of the Armed Forces.

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.

Sec. 606. Report on imminent danger pay and hostile fire pay.

Sec. 607. Sense of Congress regarding the widows’ tax.

Sec. 608. Reevaluation of BAH for the military housing area including Staten Island.

Sec. 609. Compensation and credit for retired pay purposes for maternity leave taken by members of the reserve components.

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.

Sec. 626. Designation of new beneficiary under the Survivor Benefit Plan.

Sec. 627. Report regarding management of military commissaries and exchanges.

Sec. 628. Access for veterans to certain fitness centers.

Sec. 629. Extension of certain morale, welfare, and recreation privileges to certain veterans and their caregivers.

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.

Sec. 704. Mental health assessments for members of the Armed Forces deployed in support of a contingency operation.

Sec. 705. Counseling and treatment for substance use disorders and chronic pain management services for members who separate from the Armed Forces.

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.

Sec. 717. Burn patient transfer system.

Sec. 718. Report on MHS Genesis electronic health record system.

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.

Sec. 730. Study on the treatment of TRICARE beneficiaries who are residents of Puerto Rico.

Sec. 731. Study on health effects relating to activity of the Armed Forces on Vieques.

Sec. 732. Strategy to recruit and retain mental health providers.

Sec. 733. Study on earning by special operations forces medics of credits towards a physician assistant degree.

Sec. 734. Study of drug shortages and impact on members of the Armed Forces.

Sec. 735. Provision of information to Department of Veterans Affairs regarding MHS Genesis electronic health record system.

Sec. 736. Report regarding opioid prevention and treatment for dependents of members of the Armed Forces.

Sec. 737. Monitoring Medication Prescribing Practices for the Treatment of Post-Traumatic Stress Disorder.

Sec. 738. Pilot program on mindfulness-based stress reduction in pre-deployment training.

Sec. 739. Study on requirement for certain former members of the Armed Forces to enroll in Medicare Part B to be eligible for TRICARE for Life.

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.

Sec. 835. Review of Federal acquisition regulations on commercial products, commercial services, and commercially available off-the-shelf items.

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.

Sec. 845. Security of Department of Defense telecommunication services.

Sec. 846. Sense of Congress on unmanned ground vehicle technology.

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.

Sec. 861. SCORE.

Sec. 862. Procurement Technical Assistance Centers.

Sec. 863. Commercialization Assistance Pilot Program.

Sec. 864. Puerto Rico businesses.

Sec. 865. United States Virgin Islands Small Business Contracting Assistance.

Sec. 866. Opportunities for employee-owned business concerns through Small Business Administration loan programs.

Sec. 867. Veteran Entrepreneurship Training.

Sec. 868. Improvement of small business development centers program.

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.

Sec. 881. Promotion of the use of Government-wide and other interagency contracts.

Sec. 882. Increasing competition at the task order level.

Sec. 883. Individual acquisition for commercial leasing services.

Sec. 884. Procurement administrative lead time definition and plan.

Sec. 885. Report on funding of product support strategies.

Sec. 886. Use of lowest price technically acceptable source selection process.

Sec. 887. Sense of Congress regarding steel produced in the United States.

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.

Sec. 923. Review of foreign currency exchange rates and analysis of Foreign Currency Fluctuations Appropriation.

Subtitle D—Designation of the Navy and Marine Corps


Sec. 931. Redesignation of the Department of the Navy as the Department of the Navy and Marine Corps.

Sec. 932. Conforming amendments to title 10, United States Code.

Sec. 933. Other provisions of law and other references.

Sec. 934. Effective date.

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.

Sec. 1005. Report on auditable financial statements.

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.

Sec. 1048. Airborne Hazards and Open Burn Pit Registry.

Sec. 1049. Evaluation of pilot safety by Military Aviation and Installation Assurance Siting Clearinghouse.

Sec. 1050. Sale of surplus Department of Defense equipment to eligible farmers.

Sec. 1050A. National Security Commission on Artificial Intelligence.

Sec. 1050B. Expansion of definition of covered facility or asset for purposes of protection from unmanned aircraft.

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, Opportunities, and Risks Related to 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.

Sec. 1062. Briefing on unmanned aircraft in Arlington National Cemetery.

Sec. 1063. Report on an updated arctic strategy.

Sec. 1064. Report on desalinization technology.

Sec. 1065. Report on implementation of recommendations in Defense Business Board study.

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.

Sec. 1086. Compliance with requirements relating to reciprocity of security clearance and access determinations.

Sec. 1087. Assessment regarding eligibility for compensation for compensable diseases under the Radiation Exposure Compensation Act.

Sec. 1088. Use of GI benefits for agriculture-related education programs.

Sec. 1089. Arctic survival training.

Sec. 1090. Privacy protections for electronic communications information that is stored by third-party service providers.

Sec. 1091. Lessons learned and best practices on progress of gender integration implementation in the Armed Forces.

Sec. 1092. Report on readiness of National Guard to respond to natural disasters.

Sec. 1093. Report on use and availability of military installations for disaster response.

Sec. 1094. Promoting Federal procurement with historically Black colleges and universities and minority institutions.

Sec. 1095. Clarification of reimbursable allowed costs of FAA memoranda of agreement.

Sec. 1096. Disclosure requirements for United States-based foreign media outlets.

Sec. 1097. Sense of Congress honoring the Dover Air Force Base, Delaware, home to the 436th Airlift Wing, the 512th Airlift Wing, and the Charles C. Carson Center for Mortuary Affairs.

Sec. 1098. Report on capacity of Department of Defense to provide survivors of natural disasters with emergency short-term housing.

Sec. 1099. Study on recruitment of students with experience in certain technical fields.

Sec. 1099A. Sense of Congress on the basing of KC–46A aircraft outside the continental United States.

Sec. 1099B. Sense of Congress regarding explosive ordnance disposal.

Sec. 1099C. Authorization of appropriations for research on women’s contributions to security.

Sec. 1099D. National strategy for countering violent extremism.

Sec. 1099E. Inclusion of certain names on the Vietnam Veterans Memorial.

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.

Sec. 1110. Expedited hiring authority for college graduates and post-secondary students.

Sec. 1111. Presidential allowance modernization.

Sec. 1112. Reporting requirement.

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.

Sec. 1209. Report on allied contributions to the common defense.

Sec. 1210. Enhanced military activities.

Sec. 1210A. Report on security cooperation programs and activities of the Department of Defense in certain foreign countries.

Sec. 1210B. Modifications to congressional notification requirements regarding support for operations and capacity building.

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.

Sec. 1215. Sense of Congress relating to Dr. Shakil Afridi.

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.

Sec. 1229. Report on Iranian support of proxy forces in Syria and Lebanon.

Sec. 1230. Sense of Congress on the lack of authorization for the use of the Armed Forces against Iran.

Sec. 1230A. Rule of construction.

Sec. 1230B. Afghanistan security.

Sec. 1230C. Sense of Congress on ballistic missile program of Iran.

Sec. 1230D. Limitation on assistance to the Ministry of the Interior of the Government of Iraq.

Sec. 1230E. Report on Iranian expenditures supporting foreign military and terrorist activities.

Sec. 1230F. Imposition of sanctions.

Sec. 1230G. Report on United States strikes against Syria.

Sec. 1230H. Report on United States military strikes against Syria.

Sec. 1230I. Report on evolving financing mechanisms leveraged by the Islamic State and affiliate entities.

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.

Sec. 1241. Report on Kremlin-linked corruption.

Sec. 1242. Report on Russia’s support for the Taliban and other destabilizing activities in Afghanistan.

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.

Sec. 1265. Reinstatement of reporting requirements with respect to United States-Hong Kong relations.

Sec. 1266. Report on North Korea.

Sec. 1267. Rule of construction regarding use of force against North Korea.

Sec. 1268. Review of controlled items with respect to China.

Sec. 1269. Humanitarian assistance and disaster relief exercises conducted by the Department of Defense in the Indo-Pacific region.

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.

Sec. 1288. Rule of construction.

Sec. 1289. Modification of freedom of navigation reporting requirements.

Sec. 1290. Sense of Congress regarding the role of the United States in the North Atlantic Treaty Organization.

Sec. 1291. Sense of Congress and reaffirming the commitment of the United States to the North Atlantic Treaty Organization (NATO).

Sec. 1292. Sense of Congress relating to increases in defense capabilities of United States allies.

Sec. 1293. Report on threats by the Muslim Brotherhood.

Sec. 1294. Report by Defense Intelligence Agency on certain military capabilities of China and Russia.

Sec. 1295. Report on efforts to combat Boko Haram in Nigeria and the Lake Chad Basin.

Sec. 1296. Report on interference in Libya by military and security forces of other foreign nations.

Sec. 1297. Sense of Congress regarding building an international coalition to counter hybrid threats.

Sec. 1298. Modification to annual report on military and security developments involving the People’s Republic of China.

Sec. 1299. United States security and humanitarian support strategy for Yemen.

Sec. 1299A. Report on Bangladesh.

Sec. 1299B. United States cybersecurity cooperation with Ukraine.

Sec. 1299C.  Briefing on China’s military installation in the Republic of Djibouti.

Sec. 1299D. Sense of Congress with respect to the 3 Seas Initiative.

Sec. 1299E. Report on violence and cartel activity in Mexico.

Sec. 1299F. Report on Department of Defense missions, operations, and activities in Niger and the broader region.

Sec. 1299G. Briefing on Department of Defense Program to Protect United States Students Against Foreign Agents.

Sec. 1299H. Report on Honduras, Guatemala, and El Salvador.

Sec. 1299I. Report on countries and enemy groups against which the United States has taken military action.

Sec. 1299J. Importance of exchanges between the Department of State and the Department of Defense.

Sec. 1299K. Investigation to determine if coalition partners or United States military or intelligence personnel violated Federal law or Department of Defense policy while conducting operations in Yemen.

Sec. 1299L. Inclusion of influence operations in annual military reports to Congress.

Sec. 1299M. Limitation on availability of funds to implement the Arms Trade Treaty.

Sec. 1299N. Security cooperation with Eritrea.

Subtitle G—Matters relating to Burma


Sec. 1299O–1. Limitation on security assistance and security cooperation.

Sec. 1299O–2. Imposition of sanctions with respect to certain foreign persons.

Sec. 1299O–3. Responsibility and transparency in the mining sector.

Sec. 1299O–4. Determination and report on accountability for ethnic cleansing, crimes against humanity, and genocide in Burma.

Sec. 1299O–5. Appropriate congressional committees.

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.

Sec. 1523. Separate account lines for overseas contingency operations funds.

Sec. 1524. Enduring costs funded through overseas contingency operations.

Sec. 1525. Comptroller General report on use of funds provided by Overseas Contingency Operations.

TITLE XVI—STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS

Subtitle A—Space Activities


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

Sec. 1602. 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.

Sec. 1615. Independent study on space launch locations.

Sec. 1616. Report on space debris.

Sec. 1617. Briefing on commercial satellite servicing capabilities.

Subtitle B—Defense Intelligence and Intelligence-Related Activities


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

Sec. 1622. Security 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.

Sec. 1639. Inclusion of computer programming and cybersecurity in curriculum of Junior Reserve Officers' Training Corps.

Sec. 1640. Department of Defense Cyber Scholarship Program scholarships and grants.

Sec. 1640A. Report on transition of sharkseer program.

Sec. 1640B. Report on Cybersecurity Apprentice Program.

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.

Sec. 1673. Report on countermeasures test program.

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.

Sec. 2815. Study of feasibility of using 20-year intergovernmental support agreements for installation-support services.

Sec. 2816. Promoting responsible leasing of property.

Sec. 2817. Reports on buildings and facilities subject to exceptions to accessibility standards.

Subtitle C—Land Conveyances


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

Sec. 2822. 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. 2823. Environmental restoration and future conveyance of portion of former Mare Island Firing Range, Vallejo, California.

Sec. 2824. Land exchange, Naval support activity, Washington Navy Yard, District of Columbia.

Sec. 2825. Authority for leasing real property at the Naval Air Station Key West, Florida.

Sec. 2826. Sense of Congress regarding land conveyance, Mountain View, California.

Sec. 2827. Public inventory of Guam land parcels for transfer to Government of Guam.

Sec. 2828. Modification of conditions on land conveyance, Joliet Army Ammunition Plant, Illinois.

Sec. 2829. Land conveyance, Naval Academy dairy farm, Gambrills, Maryland.

Sec. 2830. Technical correction of description of Limestone Hills Training Area Land Withdrawal and Reservation, Montana.

Sec. 2830A. Land conveyance, Wasatch-Cache National Forest, Rich County, Utah.

Sec. 2830B. Commemoration of Freedman's Village, Arlington County, Virginia.

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.

Sec. 2845. Battleship preservation grant program.

Sec. 2846. Restrictions on rehabilitation of Over-the-Horizon Backscatter Radar Station.

Sec. 2847. Modification to First Division Monument.

Sec. 2848. Defense access roads relating to closures due to sea level rise and flooding.

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.

Sec. 3119. Acceleration of replacement of cesium blood irradiation sources.

Sec. 3120. Nuclear forensics analyses.

Sec. 3120A. Independent assessment of plutonium strategy.

Sec. 3120B. Hanford waste tank cleanup program.

Sec. 3120C. Manufacturing Trades Education Grant Program.

Subtitle C—Reports


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

Sec. 3122. Sense of Congress regarding uranium mining and nuclear testing.

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.

Sec. 3402. Exclusion of certain payments from calculation for fiscal year 2019 PILT payments.

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.

Sec. 3549. Modification of boundaries of White Sands National Monument and White Sands Missile Range.

DIVISION D—COAST GUARD AUTHORIZATION ACT OF 2017


Sec. 4001. Short title.

Sec. 4002. Table of contents.

TITLE XLI—REORGANIZATION OF TITLE 14, UNITED STATES CODE


Sec. 4101. Initial matter.

Sec. 4102. Subtitle I.

Sec. 4103. Chapter 1.

Sec. 4104. Chapter 3.

Sec. 4105. Chapter 5.

Sec. 4106. Chapter 7.

Sec. 4107. Chapter 9.

Sec. 4108. Chapter 11.

Sec. 4109. Subtitle II.

Sec. 4110. Chapter 19.

Sec. 4111. Part II.

Sec. 4112. Chapter 21.

Sec. 4113. Chapter 23.

Sec. 4114. Chapter 25.

Sec. 4115. Part III.

Sec. 4116. Chapter 27.

Sec. 4117. Chapter 29.

Sec. 4118. Subtitle III and chapter 37.

Sec. 4119. Chapter 39.

Sec. 4120. Chapter 41.

Sec. 4121. Subtitle IV and chapter 49.

Sec. 4122. Chapter 51.

Sec. 4123. References.

Sec. 4124. Rule of construction.

TITLE XLII—AUTHORIZATIONS


Sec. 4201. Amendments to title 14, United States Code, as amended by title XLI of this division.

Sec. 4202. Authorizations of appropriations.

Sec. 4203. Authorized levels of military strength and training.

Sec. 4204. Authorization of amounts for Fast Response Cutters.

Sec. 4205. Authorization of amounts for shoreside infrastructure.

Sec. 4206. Authorization of amounts for aircraft improvements.

TITLE XLIII—COAST GUARD


Sec. 4301. Amendments to title 14, United States Code, as amended by title XLI of this division.

Sec. 4302. Primary duties.

Sec. 4303. National Coast Guard Museum.

Sec. 4304. Unmanned aircraft.

Sec. 4305. Coast Guard health-care professionals; licensure portability.

Sec. 4306. Training; emergency response providers.

Sec. 4307. Incentive contracts for Coast Guard yard and industrial establishments.

Sec. 4308. Confidential investigative expenses.

Sec. 4309. Regular captains; retirement.

Sec. 4310. Conversion, alteration, and repair projects.

Sec. 4311. Contracting for major acquisitions programs.

Sec. 4312. Officer promotion zones.

Sec. 4313. Cross reference.

Sec. 4314. Commissioned service retirement.

Sec. 4315. Leave for birth or adoption of child.

Sec. 4316. Clothing at time of discharge.

Sec. 4317. Unfunded priorities list.

Sec. 4318. Safety of vessels of the Armed Forces.

Sec. 4319. Protecting against unmanned aircraft.

Sec. 4320. Air facilities.

TITLE XLIV—PORTS AND WATERWAYS SAFETY


Sec. 4401. Codification of Ports and Waterways Safety Act.

Sec. 4402. Conforming amendments.

Sec. 4403. Transitional and savings provisions.

Sec. 4404. Rule of construction.

Sec. 4405. Advisory committee: repeal.

Sec. 4406. Regattas and marine parades.

Sec. 4407. Regulation of vessels in territorial waters of United States.

Sec. 4408. Port, harbor, and coastal facility security.

TITLE XLV—MARITIME TRANSPORTATION SAFETY


Sec. 4501. Consistency in marine inspections.

Sec. 4502. Uninspected passenger vessels in St. Louis County, Minnesota.

Sec. 4503. Engine cut-off switch requirements.

Sec. 4504. Exception from survival craft requirements.

Sec. 4505. Safety standards.

Sec. 4506. Fishing safety grants.

Sec. 4507. Fishing, fish tender, and fish processing vessel certification.

Sec. 4508. Deadline for compliance with alternate safety compliance program.

Sec. 4509. Termination of unsafe operations; technical correction.

Sec. 4510. Technical corrections: Licenses, certificates of registry, and merchant mariner documents.

Sec. 4511. Clarification of logbook entries.

Sec. 4512. Certificates of documentation for recreational vessels.

Sec. 4513. Numbering for undocumented barges.

Sec. 4514. Backup global positioning system.

Sec. 4515. Scientific personnel.

Sec. 4516. Transparency.

TITLE XLVI—ADVISORY COMMITTEES


Sec. 4601. National maritime transportation advisory committees.

Sec. 4602. Maritime Security Advisory Committees.

TITLE XLVII—FEDERAL MARITIME COMMISSION


Sec. 4701. Short title.

Sec. 4702. Authorization of appropriations.

Sec. 4703. Reporting on impact of alliances on competition.

Sec. 4704. Definition of certain covered services.

Sec. 4705. Reports filed with the Commission.

Sec. 4706. Public participation.

Sec. 4707. Ocean transportation intermediaries.

Sec. 4708. Common carriers.

Sec. 4709. Negotiations.

Sec. 4710. Injunctive relief sought by the Commission.

Sec. 4711. Discussions.

Sec. 4712. Transparency.

Sec. 4713. Study of bankruptcy preparation and response.

Sec. 4714. Agreements unaffected.

TITLE XLVIII—MISCELLANEOUS


Sec. 4801. Repeal of obsolete reporting requirement.

Sec. 4802. Corrections to provisions enacted by Coast Guard Authorization Acts.

Sec. 4803. Officer evaluation report.

Sec. 4804. Extension of authority.

Sec. 4805. Coast Guard ROTC program.

Sec. 4806. Currency detection canine team program.

Sec. 4807. Center of expertise for Great Lakes oil spill search and response.

Sec. 4808. Public safety answering points and maritime search and rescue coordination.

Sec. 4809. Ship shoal lighthouse transfer: repeal.

Sec. 4810. Land exchange, Ayakulik Island, Alaska.

Sec. 4811. Use of Tract 43.

Sec. 4812. Coast Guard maritime domain awareness.

Sec. 4813. Monitoring.

Sec. 4814. Reimbursements for non-Federal construction costs of certain aids to navigation.

Sec. 4815. Towing safety management system fees.

Sec. 4816. Oil spill disbursements auditing and report.

Sec. 4817. Fleet requirements assessment and strategy.

Sec. 4818. National Security Cutter.

Sec. 4819. Acquisition plan for inland waterway and river tenders and bay-class icebreakers.

Sec. 4820. Great Lakes icebreaker acquisition.

Sec. 4821. Polar icebreakers.

Sec. 4822. Strategic assets in the Arctic.

Sec. 4823. Arctic planning criteria.

Sec. 4824. Vessel response plan audit.

Sec. 4825. Waters deemed not navigable waters of the United States for certain purposes.

Sec. 4826. Documentation of recreational vessels.

Sec. 4827. Equipment requirements; exemption from throwable personal flotation devices requirement.

Sec. 4828. Visual distress signals and alternative use.

Sec. 4829. Radar refresher training.

Sec. 4830. Commercial fishing vessel safety national communications plan.

Sec. 4831. Authorization for marine debris program.

Sec. 4832. Atlantic Coast port access route study recommendations.

Sec. 4833. Drawbridges.

Sec. 4834. Waiver.

Sec. 4835. Vessel waiver.

Sec. 4836. Temporary limitations.

Sec. 4837. Transfer of Coast Guard property in Jupiter Island, Florida, for inclusion in Hobe Sound National Wildlife Refuge.

Sec. 4838. Emergency response.

Sec. 4839. Drawbridges consultation.

DIVISION E—NATIONAL STRATEGIC AND CRITICAL MINERALS PRODUCTION


Sec. 5001. Findings.

Sec. 5002. Definitions.

Sec. 5003. Improving development of strategic and critical minerals.

Sec. 5004. Responsibilities of the lead agency.

Sec. 5005. Federal Register process for mineral exploration and mining projects.

Sec. 5006. Secretarial order not affected.

DIVISION F—FEES FOR MEDICAL SERVICES PROVIDED BY NATIONAL PARK SERVICE PERSONNEL


Sec. 6101. Fees for medical services.

DIVISION G—FUNDING TABLES


Sec. 7001. Authorization of amounts in funding tables.

TITLE LXXI—PROCUREMENT


Sec. 7101. Procurement.

Sec. 7102. Procurement for overseas contingency operations.

TITLE LXXII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION


Sec. 7201. Research, development, test, and evaluation.

Sec. 7202. Research, development, test, and evaluation for overseas contingency operations.

TITLE LXXIII—OPERATION AND MAINTENANCE


Sec. 7301. Operation and maintenance.

Sec. 7302. Operation and maintenance for overseas contingency operations.

TITLE LXXIV—MILITARY PERSONNEL


Sec. 7401. Military personnel.

Sec. 7402. Military personnel for overseas contingency operations.

TITLE LXXV—OTHER AUTHORIZATIONS


Sec. 7501. Other authorizations.

Sec. 7502. Other authorizations for overseas contingency operations.

TITLE LXXVI—MILITARY CONSTRUCTION


Sec. 7601. Military construction.

Sec. 7602. Military construction for overseas contingency operations.

TITLE LXXVII—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS


Sec. 7701. Department of Energy national security programs.

SEC. 3. Congressional defense committees.

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

DIVISION ADEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE IPROCUREMENT

subtitle AAuthorization Of Appropriations

SEC. 101. Authorization of appropriations.

Funds are hereby authorized to be appropriated for fiscal year 2019 for procurement for the Army, the Navy and the Marine Corps, the Air Force, and Defense-wide activities, as specified in the funding table in section 7101.

subtitle BArmy Programs

SEC. 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.

SEC. 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.

subtitle CNavy Programs

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.”.

SEC. 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.

subtitle DAir Force Programs

SEC. 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.

SEC. 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).

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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”.

SEC. 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.

SEC. 148. Sense of Congress on conversion of F–22 aircraft.

(a) Findings.—Congress finds the following:

(1) Accelerating the modernization upgrade of F–22A Block 20 training and test aircraft would significantly increase the total available inventory of combat-capable F–22A Block 35 fighter aircraft.

(2) Converting 34 F–22A Block 20 aircraft to a Block 35 configuration would drastically improve the readiness and health of the entire F–22A fleet and increase flexibility to manage availability of the combat-coded Block 35 fleet, which is accumulating more operational flight hours than initially anticipated.

(3) Making the conversions described in paragraph (2) would be a cost-effective way to increase the F–22's combat-capable force by 27 percent.

(4) If the conversion effort is not included in future base budgets, it would be advisable for the Department of Defense to support the effort as an unfunded priority.

(b) Sense of Congress.—It is the sense of Congress that the Secretary of the Air Force should accelerate modernization of the F–22 Block 20 training and test aircraft as quickly as possible.

subtitle EDefense-wide, Joint, and Multiservice Matters

SEC. 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.

SEC. 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.

SEC. 153. Armored commercial passenger-carrying vehicles.

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

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

(2) designate a central point of contact for collecting and reporting information on armored commercial passenger-carrying vehicles (such as information on contracts execution and vehicle inspections).

(b) Briefing required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing on the progress of the Secretary in implementing Department of Defense Instruction O–2000.16 Volume 1, dated November 2016, with respect to armored commercial passenger-carrying vehicles, including—

(1) whether criteria for the procurement of such vehicles have been established and distributed to the relevant components of the Department; and

(2) whether a process is in place for ensuring that the relevant components of the Department incorporate those criteria into contracts for such vehicles.

TITLE IIRESEARCH, DEVELOPMENT, TEST, AND EVALUATION

subtitle AAuthorization Of Appropriations

SEC. 201. Authorization of appropriations.

Funds are hereby authorized to be appropriated for fiscal year 2019 for the use of the Department of Defense for research, development, test, and evaluation, as specified in the funding table in section 7201.

subtitle BProgram Requirements, Restrictions, and Limitations

SEC. 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.”.

SEC. 212. Extension of directed energy prototype authority.

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

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

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

(3) by inserting after subparagraph (A) the following:

“(B) Except as provided in subparagraph (C) and subject to the availability of appropriations for such purpose, of the funds authorized to be appropriated by the National Defense Authorization Act for Fiscal Year 2019 or otherwise made 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)”.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 220A. Establishment of innovators database in the Department of Defense.

(a) In general.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall establish an innovators database within the Department of Defense in accordance with this section.

(b) Maintenance of database.—The Under Secretary of Defense for Research and Engineering shall maintain the database and ensure that it is periodically updated.

(c) Elements of database.—The database established under subsection (a) shall—

(1) be coordinated across the Department of Defense enterprise to focus on small business innovators that receive funds under the Small Business Innovation Research program or the Small Business Technology Transfer program; and

(2) include appropriate information about each participant, including a description of—

(A) the need or requirement applicable to the participant;

(B) the participant’s technology with appropriate technical detail and appropriate protections of proprietary information or data;

(C) any prior business of the participant with the Department; and

(D) whether the participant’s technology was incorporated into a program of record.

(d) Use of database.—After the database is established under subsection (a), the Secretary of Defense shall encourage program offices across the Department of Defense to consult the database before initiating a Request for Information or a Request for Proposal to determine whether an organic technology exists or is being developed currently by a an entity supported by the Department (which may include a company, academic consortium, or other entity).

SEC. 220B. Strategic plan for Department of Defense test and evaluation resources.

Section 196(d) of title 10, United States Code, is amended—

(1) by amending paragraph (1) to read as follows: “(1) Not less often than once every two fiscal years, the Under Secretary of Defense for Research and Engineering, in coordination with the Director of the Defense Intelligence Agency, the Secretaries of the military departments, and the heads of Defense Agencies with test and evaluation responsibilities, shall complete a strategic plan reflecting the future needs of the Department of Defense with respect to test and evaluation facilities and resources. Each strategic plan shall cover the period of thirty fiscal years beginning with the fiscal year in which the plan is submitted under paragraph (3). The strategic plan shall be based on a comprehensive review of both funded and unfunded test and evaluation requirements of the Department, future threats to national security, and the adequacy of the test and evaluation facilities and resources of the Department to meet those future requirements and threats.”; and

(2) in paragraph (2)(C), by striking “needed to meet such requirements” and inserting “needed to meet current and future requirements based on current and emerging threats, including, at minimum, missile defense, cyberspace operations, direct energy, and hypersonics,”.

SEC. 220C. Collaboration between Defense laboratories, industry, and academia; open campus program.

(a) Collaboration.—The Secretary of Defense may carry out activities to prioritize innovative collaboration between Department of Defense laboratories, industry, and academia.

(b) Open campus program.—In carrying out subsection (a), the Secretary of Defense, acting through the Commander of the Air Force Research Laboratory, may develop and implement an open campus program for the Laboratory which shall be modeled after the open campus program of the Army Research Laboratory.

SEC. 220D. Entrepreneurial education program for personnel of Department of Defense laboratories.

In order to promote a strong, lasting foundation for the national innovation ecosystem and increase the positive economic and social impact of federally funded research, the Secretary of Defense may—

(1) carry out a program (commonly known as an “I-Corps program”) under which entrepreneurship and commercialization education, training, and mentoring is provided to personnel of Department of Defense laboratories; and

(2) determine eligibility requirements for the program.

SEC. 220E. Process for coordination of studies and analysis research of the Department of Defense.

The Secretary of Defense shall implement a Department of Defense-wide process under which the heads of the military departments and Defense Agencies responsible for managing requests for studies and analysis research are required to coordinate annual research requests and ongoing research efforts to minimize duplication and reduce costs.

SEC. 220F. Jet noise reduction program of the Navy.

(a) In general.—The Secretary of the Navy, acting through the Director of the Office of Naval Research, may carry out a jet noise reduction program to study the physics of, and reduce, jet noise produced by high-performance military aircraft.

(b) Elements.—In carrying out the program under subsection (a), the Secretary may—

(1) identify material and non-material solutions to reduce jet noise;

(2) develop and transition such solutions to the fleet;

(3) communicate relevant discoveries to the civilian aviation community; and

(4) support the development of theoretical noise models, computational prediction tools, noise control strategies, diagnostic tools, and enhanced source localization.

SEC. 220G. Permanent extension and codification of authority to conduct technology protection features activities during research and development of defense systems.

(a) In general.—Chapter 139 of title 10, United States Code, is amended by inserting before section 2358 the following new section:

§ 2357. Technology protection features activities

“(a) Activities.—The Secretary of Defense may carry out activities to develop and incorporate technology protection features in a designated system during the research and development phase of such system.

“(b) Cost-sharing.—Any contract for the design or development of a system resulting from activities under subsection (a) for the purpose of enhancing or enabling the exportability of the system, either for the development of program protection strategies for the system or the design and incorporation of exportability features into the system, shall include a cost-sharing provision that requires the contractor to bear half of the cost of such activities, or such other portion of such cost as the Secretary considers appropriate upon showing of good cause.

“(c) Definitions.—In this section:

“(1) The term ‘designated system’ means any system (including a major system, as defined in section 2302(5) of title 10, United States Code) that the Under Secretary of Defense for Acquisition and Sustainment designates for purposes of this section.

“(2) The term ‘technology protection features’ means the technical modifications necessary to protect critical program information, including anti-tamper technologies and other systems engineering activities intended to prevent or delay exploitation of critical technologies in a designated system.”.

(b) Clerical amendment.—The table of sections at the beginning of chapter 139 of title 10, United States Code, is amended by inserting before the item relating to section 2358 the following new item:


“2357. Technology protection features activities.”.

(c) Conforming repeal.—Section 243 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (10 U.S.C. 2358 note) is repealed.

SEC. 220H. STEM jobs action plan.

(a) Findings.—Congress finds the following:

(1) Jobs in science, technology, engineering, and math in addition to maintenance and manufacturing (collectively referred to in this section as “STEM”) make up a significant portion of the workforce of the Department of Defense.

(2) These jobs exist within the organic industrial base, research, development, and engineering centers, life-cycle management commands, and logistics centers of the Department.

(3) Vital to the continued support of the mission of all of the military services, the Department needs to maintain its STEM workforce.

(4) It is known that the demographics of personnel of the Department indicate that many of the STEM personnel of the Department will be eligible to retire in the next few years.

(5) Decisive action is needed to replace STEM personnel as they retire to ensure that the military does not further suffer a skill and knowledge gap and thus a serious readiness gap.

(b) Assessments and plan of action.—The Secretary of Defense, in conjunction with the Secretary of each military department, shall—

(1) perform an assessment of the STEM workforce for organizations within the Department of Defense, including the numbers and types of positions and the expectations for losses due to retirements and voluntary departures;

(2) identify the types and quantities of STEM jobs needed to support future mission work;

(3) determine the shortfall between lost STEM personnel and future requirements;

(4) analyze and explain the appropriateness and impact of using reimbursable and working capital fund dollars for new STEM hires;

(5) identify a plan of action to address the STEM jobs gap, including hiring strategies and timelines for replacement of STEM employees; and

(6) deliver to Congress, not later than December 31, 2019, a report specifying such plan of action.

subtitle CReports and Other Matters

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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, plans to defend against quantum based attacks, 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.

SEC. 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.

SEC. 226. Increase in funding for divertor test tokamak research and development.

(a) Increase.—Notwithstanding the amounts set forth in the funding tables in division G, the amount authorized to be appropriated in section 7701 for Department of Energy National Security Programs, as specified in the corresponding funding table in section 7701, for research, development, test, and evaluation, inertial confinement fusion ignition and high yield, is hereby increased by $3,000,000 (to be used for divertor test tokamak research and development).

(b) Offset.—Notwithstanding the amounts set forth in the funding tables in division G, the amount authorized to be appropriated in section 7101 for procurement, as specified in the corresponding funding table in section 7101, for procurement of ammunition, Air Force, flares (Line 015) is hereby reduced by $3,000,000.

SEC. 227. Briefing on innovative mobile security technology capabilities.

(a) Sense of Congress.—It is the sense of the Congress that—

(1) government-owned mobile technologies remain at risk for targeting or data breaches placing at risk information that could harm national security; and

(2) further, these vulnerabilities exist because current technologies do not possess the necessary security features required to mitigate the threats of credential theft, active surveillance from microphones and cameras, and tracking of user movements and location.

(b) Briefing required.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on—

(1) threats posed by credential theft, active surveillance from microphones and cameras, and tracking of user movements and location;

(2) the commercial availability of technologies to mitigate these threats; and

(3) strategies and feasibilities of deploying mobile security technologies within the Department.

SEC. 228. Modification of funding criteria under Historically Black Colleges and Universities and minority institutions program.

Section 2362(d) of title 10, United States Code, is amended—

(1) in the subsection heading, by striking “Priority” and inserting “Criteria”; and

(2) by striking “give priority in providing” and inserting “limit”.

SEC. 229. Report on OA–X light attack aircraft applicability to partner nation support.

(a) Report required.—Not later than February 1, 2019, the Secretary of the Air Force shall submit to the congressional defense committees a report on the OA–X light attack aircraft experiment and how the program incorporates partner nation requirements.

(b) Elements.—The report under subsection (a) shall include a description of—

(1) how the OA–X light attack experiment will support partner nations’ low-cost counter terrorism light attack capability;

(2) the extent to which the attributes of affordability, interoperability, sustainability, simplicity of maintenance and operations are included in the requirements for the OA–X; and

(3) how Federal Aviation Administration certification and a reasonable path for military type certifications for commercial derivative aircraft are factored into foreign military sales for a partner nation.

SEC. 230. Funding for development of canine plasma for hemorrhagic control.

(a) Increase.—Notwithstanding the amounts set forth in the funding tables in division G, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, Defense-wide, as specified in the corresponding funding table in section 7201, for the United States Special Operations Command is hereby increased by $5,000,000 for the development of freeze-dried canine plasma for hemorrhagic control.

(b) Offset.—Notwithstanding the amounts set forth in the funding tables in division G, the amount authorized to be appropriated in section 101 for procurement, Defense-wide, as specified in the corresponding funding table in section 7101, for the United States Special Operations Command is hereby reduced by $5,000,000.

SEC. 231. Sense of Congress on partnerships for next generation hypersonics capabilities.

It is the sense of Congress that the Secretary of the Air Force should consider entering into long-term partnerships with institutions of higher education, similar to the partnerships between such institutions and the Army and the Navy, to conduct research and science and engineering education for next generation hypersonics capabilities.

TITLE IIIOperation and Maintenance

subtitle AAuthorization of Appropriations

SEC. 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 7301.

subtitle BEnergy and Environment

SEC. 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.”.

SEC. 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.”.

SEC. 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):

SEC. 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 (Centrocerus 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.

SEC. 315. Department of Defense environmental restoration programs.

(a) Findings.—Congress makes the following findings:

(1) The Department of Defense has identified nearly 39,500 sites that fall under the installation restoration program sites and munitions response sites.

(2) The installation response program addresses contamination from hazardous substances, pollutants, or contaminants and active military installations, formerly used defense site properties, and base realignment and closure locations in the United States.

(3) Munitions response sites are known or suspected to contain unexploded ordnance, discarded military munitions, or munitions constitutes are addressed through the military munitions response program.

(4) The installation restoration program sites and munitions response sites have had significant impacts on state and local governments that have had to bear the increased costs of environmental degradation, notably groundwater contamination, and local populations that have had to live with the consequences of contaminated drinking, including increased health concerns and decreasing property values.

(5) Through the end of fiscal year 2017, the Department of Defense had achieved response complete at 86 percent of installation restoration program sites and munitions response sites, but projects that it will fall short of meeting its goal of 90 percent by the end of fiscal year 2018.

(6) The fiscal year 2019 budget request for environmental restoration and base realignment and closure amounted to nearly $1,318,320,000, a decrease of $53,429,000 from the amount authorized in the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91).

(b) Sense of Congress.—It is the sense of Congress that—

(1) the environmental restoration and base realignment and closure programs are important for the protection of the environment, the health of the military and civilian personnel and their families who live and work on military installations, to ensure that current and legacy military operations do not adversely affect the health or environments of surrounding communities;

(2) the Department of Defense and the Armed Forces should seek to reduce the financial burden on state and local government who are bearing significant costs of cleanup stemming from defense related activities;

(3) the Department of Defense and the Armed Forces should expedite and streamline cleanup at locations where contamination is having a direct impact on civilian access to clean drinking water;

(4) the Department of Defense and the Armed Forces should continue to engage with and help allay local community concerns about the safety of the drinking water due to environmental degradation caused by defense related activities; and

(5) the Department of Defense should seek opportunities to accelerate environmental restoration efforts where feasible, to include programming additional resources for response actions, investing in technology solutions that may expedite response actions, improving contracting procedures, increasing contracting capacity, and seeking opportunities for partnerships and other cooperative approaches.

(c) Briefing required.—Not later than 120 days after enactment of this Act, the Assistant Secretary of Defense for Energy, Installations, and Environment shall provide a briefing to the Committees on Armed Services of the Senate and House of Representatives on initiatives being pursued to accelerate environmental restoration efforts.

SEC. 316. Production and use of natural gas at Fort Knox.

(a) Production and use of natural gas at Fort Knox.—Chapter 449 of title 10, United States Code, is amended by adding at the end the following new section:

§ 4782. Natural gas: production, treatment, management, and use at Fort Knox, Kentucky

“(a) Authority.— (1) The Secretary of the Army may provide for the production, treatment, management, and use of natural gas located under Fort Knox, Kentucky, without regard to section 3 of the Mineral Leasing Act for Acquired Lands (30 U.S.C. 352).

“(2) The Secretary is authorized to enter into a contract with an appropriate entity to carry out paragraph (1).

“(b) Limitation on uses.—Any natural gas produced under subsection (a) may be used only to support activities and operations at Fort Knox and may not be sold for use elsewhere.

“(c) Ownership of facilities.—The Secretary of the Army may take ownership of any gas production and treatment equipment and facilities and associated infrastructure from an entity with which the Secretary has entered into a contract under subsection (a) in accordance with the terms of the contract.

“(d) Applicability.—The authority of the Secretary of the Army under this section is effective as of August 2, 2007.”.

(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by adding at the end the following new item:


“4782. Natural gas: production, treatment, management, and use at Fort Knox, Kentucky.”.

SEC. 317. Explosive Ordnance Disposal Defense Program.

(a) In general.—Chapter 136 of title 10, United States Code, as amended by section 851, is further amended by adding at the end the following new section:

“SEC. 2284. Explosive Ordnance Disposal Defense Program.

“(a) In general.—The Secretary of Defense shall carry out a program to be known as the ‘Explosive Ordnance Disposal Defense Program’ (in this section referred to as the ‘Program’) under which the Secretary shall ensure close and continuous coordination between military departments on matters relating to explosive ordnance disposal support for commanders of geographic and functional combatant commands.

“(b) Roles, responsibilities, and authorities.—The plan under subsection (a) shall include provisions under which—

“(1) the Secretary of Defense shall—

“(A) assign the responsibility for the direction, coordination, integration of the explosive ordnance disposal defense program within the Department of Defense;

“(B) designate the Assistant Secretary of Defense for Nuclear, Chemical, Biological Defense Programs as the key individual for the explosive ordnance disposal defense program that develops and oversees policy, plans, programs and budgets, and issues guidance and provides direction on Department of Defense explosive ordnance disposal activities;

“(C) designate the Secretary of the Navy, or a designee of the Secretary’s choice, as the executive agent for the Department of Defense that provides oversight of the joint program executive officer whom coordinates and integrates joint requirements for explosive ordnance disposal and carries out joint research, development, test and evaluation and procurement activities on behalf of the military departments and combatant commands with respect to explosive ordnance disposal;

“(D) designate the Director of the Defense Threat Reduction Agency as the responsible combat support agency that will exercise fund management responsibility of the Department of Defense-Wide Program Element for explosive ordnance disposal research, development, test and evaluation, transactions other than contracts, cooperative agreements, and grants related to section 2371 of title 10 during research projects including rapid prototyping and limited procurement urgent activities, and acquisition;

“(E) designate an Army explosive ordnance disposal-qualified general officer as the responsible senior leader of the Defense Threat Reduction Agency’s Joint Improvised-Threat Defeat Organization that serves as the Chairman of the Department of Defense explosive ordnance disposal defense program board;

“(2) the Secretary of each military department shall assess the needs of the military department concerned with respect to explosive ordnance disposal and may carry out research, development, test and evaluation activities, including other transactions and procurement activities to address military department unique needs such as weapon systems, manned and unmanned vehicles and platforms, cyber and communication equipment and the integration of explosive ordnance disposal sets, kits and outfits and department’s developed explosive ordnance disposal tools, equipment, sets, kits and outfits.

“(c) Annual budget justification documents.—

“(1) For fiscal year 2021 and each fiscal year thereafter, the Secretary of Defense shall submit to Congress with the defense budget materials a consolidated budget justification display, in classified and unclassified form, that includes all of activities of the Department of Defense relating to the Program.

“(2) The budget display under paragraph (1) for a fiscal year shall include a single program element for each of the following:

“(A) Civilian and military pay.

“(B) Research, development, test, and evaluation.

“(C) Procurement.

“(D) Other transaction agreements.

“(E) Military construction.

“(3) The budget display shall include funding data for each of the military department’s respective activities related to explosive ordnance disposal, including—

“(A) operations and maintenance; and

“(B) overseas contingency operations.

“(d) Definitions.—In this section:

“(1) The term ‘explosive ordnance’ means any munitions containing explosives, nuclear fission or fusion materials, or biological or chemical agents, including—

“(A) bombs and warheads;

“(B) guided and ballistic missiles;

“(C) artillery, mortar, rocket, and small arms munitions;

“(D) mines, torpedoes, and depth charges;

“(E) demolition charges;

“(F) pyrotechnics;

“(G) clusters and dispensers;

“(H) cartridge and propellant actuated devices;

“(I) electro-explosives devices;

“(J) clandestine and improvised explosive devices, including improvised nuclear, chemical and biological devices; and

“(K) similar or related items or components explosive in nature.

“(2) The term ‘disposal’ means, with respect to explosive ordnance, the assessment, sampling, detection, identification, verification, field evaluation, defeat, disablement, neutralization, or rendering-safe, war-head packaging, recovery, exploitation, and final disposition of ordnance.”.

(b) Clerical amendment.—The table of sections at the beginning of such chapter, as amended by section 851, is further amended by adding at end the following new section:


“2284. Explosive Ordnance Disposal Defense Program.”.

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

(a) In general.—The Secretary of Defense shall enter into an arrangement with the National Oceanic and Atmospheric Administration to conduct a study on the impact wind farms have on weather radars and subsequently Department of Defense operations and readiness.

(b) Elements.—The study required pursuant to subsection (a) shall include the following:

(1) The potential impacts of wind farms on NEXRAD radars and other Federal radars used by the Department of Defense, the National Oceanic and Atmospheric Administration, and the National Weather Service for weather forecasts and warnings.

(2) The subsequent impacts of wind farms on Department of Defense aviation readiness, including—

(A) Department of Defense air traffic control radars;

(B) minimum vectoring altitudes, in particular around military flight training bases;

(C) air-to-ground drop zones;

(D) air-to-ground bombing and test ranges;

(E) military operating areas that extend to the surface;

(F) military training routes;

(G) over-the-horizon radars; and

(H) Department of Defense weather radars.

(3) Examples of when interference from the wind farms has affected the ability of the National Oceanic and Atmospheric Administration to forecast or warn for dangerous weather.

(4) Recommendations to reduce, mitigate, or eliminate the potential impacts.

(5) An analysis of the distance that wind turbines need to be away from the radars to ensure no impact.

(6) Recommendations for addressing the impacts to NEXRADs and weather radar due to increasing turbine heights.

(7) Recommendations to reduce or eliminate impacts of existing wind turbines, including those projects that are being repowered by developers to increase turbine heights.

(8) Recommendations to ensure wind farms do not impact the ability of the National Oceanic and Atmospheric Administration and the National Weather Service to warn or forecast hazardous weather.

(9) The cumulative impacts of multiple wind farms near a single radar on the ability of the National Oceanic and Atmospheric Administration and the National Weather Service to warn or forecast hazardous weather.

(10) Recommendations to reduce or eliminate the cumulative impacts of multiple wind farms.

(11) An analysis of whether certain wind turbine projects, based on project layout, turbine orientation, number of turbines, density of turbines, proximity to radar, or turbine height result in greater impacts to the missions of Department of Defense, the National Oceanic and Atmospheric Administration, and the National Weather Service, and if so, how can those projects be better cited to reduce or eliminate NEXRAD impacts.

(c) Submittal to Congress.—Not later than 12 months after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the study conducted pursuant to subsection (a).

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

(a) Site investigation required.—The Secretary of the Air Force shall conduct a core sampling study along the proposed route of the W–6 wastewater treatment line on Air Force real property, in compliance with best engineering practices, to determine if any regulated or hazardous substances are present in the soil along the proposed route.

(b) Report required.—Not later than 120 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the core samples taken pursuant to subsection (a).

subtitle CLogistics and Sustainment

SEC. 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.”.

SEC. 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.”.

SEC. 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.

SEC. 324. Temporary modification of workload carryover formula.

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

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

(2) account for the varying repair cycle times of the workload supported.

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

(a) 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).

SEC. 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).

SEC. 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;

(D) shall facilitate implementation of appropriate cyber protections into advanced and additive manufacturing tools and techniques; and

(E) may include the use of on-the-job training to ensure participants are able to learn the skills necessary for successful careers in additive manufacturing.

(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.

SEC. 328. Report on pilot program for micro-reactors.

(a) Report required.—Not later than 12 months after the date of enactment of this Act, the Secretary shall develop and submit to the Committee on Armed Services and the Committee on Energy and Commerce in the House of Representatives and the Committee on Armed Services and the Committee on Energy and Natural Resources in the Senate a report describing the requirements for, and components of, a pilot program to provide resilience for critical national security infrastructure at Department of Defense and Department of Energy facilities by contracting with a commercial entity to site, construct, and operate at least one licensed micro-reactor at a facility identified under the report by December 31, 2027.

(b) Consultation.—As necessary to develop the report required under subsection (a), the Secretary shall consult with—

(1) the Secretary of Defense;

(2) the Nuclear Regulatory Commission; and

(3) the Administrator of the General Services Administration.

(c) Contents.—The report required under subsection (a) shall include—

(1) identification of potential locations to site, construct, and operate a micro-reactor at a Department of Defense or Department of Energy facility that contains critical national security infrastructure that the Secretary determines may not be energy resilient;

(2) assessments of different nuclear technologies to provide energy resiliency for critical national security infrastructure;

(3) a survey of potential commercial stakeholders with which to enter into a contract under the pilot program to construct and operate a licensed micro-reactor;

(4) options to enter into long-term contracting, including various financial mechanisms for such purpose;

(5) identification of requirements for micro-reactors to provide energy resilience to mission-critical functions at facilities identified under paragraph (1);

(6) an estimate of the costs of the pilot program;

(7) a timeline with milestones for the pilot program;

(8) an analysis of the existing authority of the Department of Energy and Department of Defense to permit the siting, construction, and operation of a micro-reactor; and

(9) recommendations for any legislative changes to the authorities analyzed under paragraph (8) necessary for the Department of Energy and the Department of Defense to permit the siting, construction, and operation of a micro-reactor.

(d) Definitions.—In this section:

(1) The term “critical national security infrastructure” means any site or installation that the Secretary of Energy or the Secretary of Defense determines supports critical mission functions of the national security enterprise.

(2) The term “licensed” means holding a license under section 103 or 104 of the Atomic Energy Act of 1954.

(3) The term “micro-reactor” means a nuclear reactor that has a power production capacity that is not greater than 50 megawatts.

(4) The term “pilot program” means the pilot program described in subsection (a).

(5) The term “Secretary” means Secretary of Energy.

(e) Form.—The report required under subsection (a) shall be submitted in unclassified form, but may include a classified appendix.

(f) Limitations.—This Act does not authorize the Department of Energy or Department of Defense to enter into a contract with respect to the pilot program.

SEC. 329. Report on effects of increased automation of defense industrial base on manufacturing workforce.

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the effects of the increased automation of the defense industrial base over the ten-year period beginning on the date that is 30 days after the date of the enactment of this Act. Such report shall include, for the period covered by the report—

(1) an estimate of the number of jobs in the United States manufacturing workforce expected to be eliminated due to automation in the defense sector;

(2) an analysis describing any new types of jobs that are expected to be established as a result of an increasingly automated process, including an estimate of the number of these types of jobs that are expected to be created;

(3) an analysis of the potential threats to the national security of the United States that are unique to the automation of the defense industry;

(4) a strategy to assist in providing workforce training and transition preparation for workers who may lose manufacturing jobs in the defense industry due to automation;

(5) a description of any training necessary for workers affected by automation to more easily transition to new types of jobs within the defense manufacturing industry; and

(6) any actions taken, or planned to be taken, by the Department of Defense to assist in worker transition.

subtitle DReports

SEC. 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.”.

SEC. 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.

SEC. 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.

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

(a) Report required.—Not later than 1 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).

SEC. 335. Report on depot-level maintenance and repair.

The Secretary of Defense, in consultation with the heads of each of the military departments and the Chairman of the Joint Chiefs of Staff, shall submit to the congressional defense committees a report on labor hours and depot maintenance, which shall include—

(1) the amount of public and private funding of depot-level maintenance and repair (as defined in section 2460 of title 10 United State Code) for the Department of Defense, Army, Navy, Marine Corps, Air Force, Special Operations Command, and any other unified command identified by the Secretary, expressed by commodity group by percentage and actual numbers in terms of dollars and direct labor hours;

(2) within each category of depot level maintenance and repair for each entities, the amount of the subset of depot maintenance workload that meets the description under section 2464 of title 10, United States Code, that is performed in the public and private sectors by direct labor hours and by dollars;

(3) of the subset referred to in paragraph (2), the amount of depot maintenance workload performed in the public and private sector by direct labor hour and by dollars for each entity that would otherwise be considered core workload under such section 2462, but is not considered core because a weapon system or equipment has not been declared a program of record; and

(4) the projections for the upcoming future years defense program, including the distinction between the Navy and the Marine Corps for the Department of the Navy, as well as any unified command, including the Special Operations Command.

SEC. 336. Report on personal protective equipment requirements for civil response teams to volcanic activity.

(a) Report required.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of Health and Human Services, the Administrator of the Federal Emergency Management Agency, and the Director of the United States Geological Survey, shall submit to Congress a report on personal protective equipment requirements for civil defense response teams to volcanic activity and civilian communities in the vicinity of active volcanic activity, including protection against sulfur dioxide gas.

(b) Transfer of equipment authorized.—If the Secretary of Defense determines that the Department of Defense is in possession of excess personal protective equipment that is not needed for current and future planned operational requirements, the Secretary may transfer such excess equipment to State and local civil defense agencies upon request from the governor or equivalent official of a State.

(c) Definition of State.—In this section, the term “State” means each of the several States of the United States, the District of Columbia, and any territory, commonwealth, or possession of the United States.

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

(a) Sense of Congress.—It is the Sense of Congress that wildfires endanger national security.

(b) Report.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the wildfire suppression capabilities within the active and reserve components of the Armed Forces, including the Modular Airborne Fire Fighting System Program, and interagency cooperation with the Forest Service and the Department of the Interior.

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

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Under Secretary of Defense for Acquisition, Technology, and Logistics, and Assistant Secretary of the Navy for Research, Development and Acquisition, shall develop and submit to Congress a report describing the potential impacts on national defense and the manufacturing base resulting from contractors or subcontracts relocating steam turbine production for Nimitz-class and Ford-class aircraft carriers, and Virginia-class and Columbia-class submarines. Such report shall address each of the following:

(1) The overall risk of moving production on our national security including likelihood of production delay or reduction in quality of steam turbines.

(2) The impact on natural security from a delay in production of aircraft carriers and submarines.

(3) The impacts on regional suppliers the current production of steam turbines draw on and their ability to perform other contracts should a relocation happen.

(4) The impact on the national industrial and manufacturing base and loss of a critically skilled workforce resulting from a relocation of production.

(5) The risk of moving production on total cost of the acquisition.

subtitle EOther Matters

SEC. 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.”.

SEC. 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.

SEC. 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 No. 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.

SEC. 344. Study on phasing out open burn pits.

(a) Study.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a study on the feasibility of phasing out the use of open burn pits by using technology incinerators.

(b) Open burn pit defined.—In this section, the term “open burn pit” means an area of land—

(1) that is designated by the Secretary of Defense to be used for disposing solid waste by burning in the outdoor air; and

(2) does not contain a commercially manufactured incinerator or other equipment specifically designed and manufactured for the burning of solid waste.

SEC. 345. Notification requirements relating to changes to military uniform components.

(a) DLA notification.—The Secretary of a military department shall notify the Commander of the Defense Logistics Agency of plans to make changes to a service member uniform or service member uniform component. Such notification shall be made not less than three years prior to the uniform change.

(b) Contractor notification.—The Commander of the Defense Logistics Agency shall notify a contractor when one of the military services plans to make a change to a military uniform component that is provided by that contractor. Such a notification shall be made not less than 12 months prior to any announcement of a public solicitation for the manufacture of the new uniform components.

(c) Waiver.—If the Secretary of a military department or the Commander of the Defense Logistics Agency determines that the notification requirement under subsection (a) would adversely impact operational safety, force protection, or national security interests of the United States, the secretary or the Commander may waive such requirement.

SEC. 346. Assessment, monitoring, and evaluation of security cooperation.

(a) Assessment, monitoring, and evaluation of security cooperation activities.—Of the amount for Operations and Maintenance, Defense-wide made available to the Defense Security Cooperation Agency for fiscal year 2019, not less than $12,000,000 shall be allocated for the assessment, monitoring, and evaluation of security cooperation activities in accordance with section 383 of title 10, United States Code.

(b) Limitation on use of funds.—Of the amount for Operation and Maintenance, Defense-wide made available to the Department of Defense for fiscal year 2019 for activities under section 333 of title 10, United States Code, not more than 50 percent may be expended until the Secretary presents to Congress a written plan for the expenditure of the amount allocated under subsection (a), including—

(1) a description of the activities planned for fiscal year 2019 for the evaluation of security cooperation programs across the security cooperation enterprise, including through chapter 16 of title 10, United States Code, the Afghanistan Security Forces Fund, the Counter-ISIL Fund, the cooperative threat reduction program, and other security cooperation authorities as appropriate; and

(2) a description of the activities planned for fiscal year 2019 for the training, support, and organization of the Department to effectively carry out responsibilities under section 383 of title 10, United States Code.

(c) Offset.—In section 7301 of division G, relating to operation and maintenance, Navy, reduce the amount for administration, Line 510, by $6,000,000.

SEC. 347. Joint Task Force for Explosive Ordnance Disposal and Countering Improvised Explosive Devices in United States Northern Command.

(a) Plan required.—Not later than March 1, 2019, the Secretary of Defense shall provide to the congressional defense committees an unclassified plan on how the United States Northern Command will organize a Joint Task Force for Explosive Ordnance Disposal and Countering Improvised Explosive Devices, over the full range of military operations, including—

(1) combatant commander’s daily operational requirements on joint mission command of explosive ordnance disposal force planning;

(2) protection of the Commander in Chief and critical infrastructures; and

(3) immediate response assistance to civil authorities on improvised explosive devices, military munitions, and explosives technical advice provided at the incident scene.

(b) Elements.—The plan required by subsection (a) shall include each of the following:

(1) An identification of the person to whom the commander of the joint task force reports.

(2) A description of how the Joint Task Force on Explosive Ordnance Disposal and Countering Improvised Explosive Devices would implement its responsibilities under sections 377, 380, 381, 382 and 383 of title 10 United States Code, and Department of Defense Directives 5111.13 and 5111.18.

(3) An example of the standing execution order of the Joint Chiefs that would identify the rotation of tactical units as forces for the Joint Task Force for Explosive Ordnance Disposal and Countering Improvised Explosive Devices during each of fiscal years 2020 through 2025.

(4) A description of whether, in leveraging, integrating, and aligning United States Government efforts, the joint task force plans to detail the explosive ordnance disposal qualified liaison personnel of the joint task force to, or host liaison personnel from, or a combination thereof at any of the following:

(A) The National Joint Terrorism Task Force.

(B) The National Explosives Task Force.

(C) The Critical Incident Response Group.

(D) The Terrorist Explosive Device Analytical Center.

(E) The Bomb Data Center.

(F) The National Center for Explosives Training and Research.

(G) The Hazardous Devices School.

(H) The Office of Bombing Prevention.

TITLE IVMilitary Personnel Authorizations

subtitle AActive Forces

SEC. 401. End strengths for active forces.

The Armed Forces are authorized strengths for active duty personnel as of September 30, 2019, as follows:

(1) The Army, 487,500.

(2) The Navy, 335,400.

(3) The Marine Corps, 186,100.

(4) The Air Force, 329,100.

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

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

“(1) For the Army, 487,500.

“(2) For the Navy, 335,400.

“(3) For the Marine Corps, 186,100.

“(4) For the Air Force, 329,100.”.

subtitle BReserve Forces

SEC. 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.

SEC. 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.

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

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

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

(2) For the Army Reserve, 6,492.

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

(4) For the Air Force Reserve, 8,880.

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

During fiscal year 2019, the maximum number of members of the reserve components of the Armed Forces who may be serving at any time on full-time operational support duty under section 115(b) of title 10, United States Code, is the following:

(1) The Army National Guard of the United States, 17,000.

(2) The Army Reserve, 13,000.

(3) The Navy Reserve, 6,200.

(4) The Marine Corps Reserve, 3,000.

(5) The Air National Guard of the United States, 16,000.

(6) The Air Force Reserve, 14,000.

subtitle CAuthorization of Appropriations

SEC. 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 7401.

(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.

TITLE VMilitary Personnel Policy

subtitle ARegular 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.

(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.”.

SEC. 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.”.

SEC. 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”.

SEC. 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 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.”.

SEC. 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”.

SEC. 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).

SEC. 507. Demonstration program on accession of candidates with auditory impairments as Air Force officers.

(a) Demonstration program required.—Beginning not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall carry out a demonstration program to assess the feasibility and advisability of permitting individuals with auditory impairments (including deafness) to access as officers of the Air Force.

(b) Candidates.—

(1) NUMBER OF CANDIDATES.—The total number of individuals with auditory impairments who may participate in the demonstration program shall be not fewer than 15 individuals or more than 20 individuals.

(2) MIX AND RANGE OF AUDITORY IMPAIRMENTS.—The individuals who participate in the demonstration program shall include individuals who are deaf and individuals who have a range of other auditory impairments.

(3) QUALIFICATION FOR ACCESSION.—Any individual who is chosen to participate in the demonstration program shall meet all essential qualifications for accession as an officer in the Air Force, other than those related to having an auditory impairment.

(c) Selection of participants.—

(1) IN GENERAL.—The Secretary of the Air Force shall—

(A) publicize the demonstration program nationally, including to individuals who have auditory impairments and would be otherwise qualified for officer training;

(B) create a process whereby interested individuals can apply for the demonstration program; and

(C) select the participants for the demonstration program, from among the pool of applicants, based on the criteria in subsection (b).

(2) NO PRIOR SERVICE AS AIR FORCE OFFICERS.—Participants selected for the demonstration program shall be individuals who have not previously served as officers in the Air Force.

(d) Basic officer training.—

(1) IN GENERAL.—The participants in the demonstration program shall undergo, at the election of the Secretary of the Air Force, the Basic Officer Training course or the Commissioned Officer Training course at Maxwell Air Force Base, Alabama.

(2) NUMBER OF PARTICIPANTS.—Once individuals begin participating in the demonstration program, each Basic Officer Training course or Commissioned Officer Training course at Maxwell Air Force Base, Alabama, shall include not fewer than 4, or more than 6, participants in the demonstration program until all participants have completed such training.

(3) AUXILIARY AIDS AND SERVICES.—The Secretary of Defense shall ensure that participants in the demonstration program have the necessary auxiliary aids and services (as that term is defined in section 4 of the Americans With Disabilities Act of 1990 (42 U.S.C. 12103)) in order to fully participate in the demonstration program.

(e) Coordination.—

(1) SPECIAL ADVISOR.—The Secretary of the Air Force shall designate a special advisor to the demonstration program to act as a resource for participants in the demonstration program, as well as a liaison between participants in the demonstration program and those providing the officer training.

(2) QUALIFICATIONS.—The special advisor shall be a member of the Armed Forces on active duty—

(A) who—

(i) if a commissioned officer, shall be in grade O–3 or higher; or

(ii) if an enlisted member, shall be in grade E–5 or higher; and

(B) who is knowledgeable about issues involving, and accommodations for, individuals with auditory impairments (including deafness).

(3) RESPONSIBILITIES.—The special advisor shall be responsible for facilitating the officer training for participants in the demonstration program, intervening and resolving issues and accommodations during the training, and such other duties as the Secretary of the Air Force may assign to facilitate the success of the demonstration program and participants.

(f) Report.—Not later than 2 years after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the appropriate committees of Congress a report on the demonstration program. The report shall include the following:

(1) A description of the demonstration program and the participants in the demonstration program.

(2) The outcome of the demonstration program, including—

(A) the number of participants in the demonstration program that successfully completed the Basic Officer Training course or the Commissioned Officer Training course;

(B) the number of participants in the demonstration program that were recommended for continued military service;

(C) the issues that were encountered during the program; and

(D) such recommendation for modifications to the demonstration program as the Secretary considers appropriate to increase further inclusion of individuals with auditory disabilities serving as officers in the Air Force or other Armed Forces.

(3) Such recommendations for legislative or administrative action as the Secretary considers appropriate in light of the demonstration program.

(g) Appropriate committees of Congress defined.—In this section, the term “appropriate committees of Congress” means—

(1) the Committee on Armed Services, the Committee on Health, Education, Labor, and Pensions, and the Committee on Appropriations of the Senate; and

(2) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.

SEC. 508. Report on rate of maternal mortality among members of the Armed Forces.

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, and with respect to members of the Coast Guard, the Secretary of the Department in which the Coast Guard is operating when it is not operating as a service in the Navy, shall submit to Congress a report on the rate of maternal mortality among members of the Armed Forces and the dependents of such members.

SEC. 509. Grades of Chiefs of Chaplains.

(a) Army.—Section 3073 of title 10, United States Code, is amended—

(1) by inserting “(a)” before “There”; and

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

“(b) The Chief of Chaplains, while so serving, holds the grade of major general.”.

(b) Navy.—Section 5142 of title 10, United States Code, is amended by adding at the end the following new subsection:

“(e) The Chief of Chaplains, while so serving, holds the grade of rear admiral (upper half).”.

(c) Air Force.—Section 8039 of title 10, United States Code, is amended by adding at the end the following new subsection:

“(c) Grade of Chief of Chaplains.—The Chief of Chaplains, while so serving, holds the grade of major general.”.

subtitle BReserve Component Management

SEC. 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.”.

SEC. 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:      
  Major Lieutenant Colonel Colonel
10,000 763 745 333
12,000 915 923 377
14,000 1,065 1,057 402
16,000 1,211 1,185 426
18,000 1,347 1,313 450
20,000 1,463 1,440 468
22,000 1,606 1,569 494
24,000 1,739 1,697 517
26,000 1,872 1,825 539
28,000 2,005 1,954 562
30,000 2,138 2,082 585
32,000 2,271 2,210 608
34,000 2,404 2,338 630
36,000 2,537 2,466 653
38,000 2,670 2,595 676
40,000 2,803 2,723 698”.

(b) 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-8 E-9
10,000 1,350 550
12,000 1,466 594
14,000 1,582 636
16,000 1,698 676
18,000 1,814 714
20,000 1,930 752
22,000 2,046 790
24,000 2,162 828
26,000 2,278 866
28,000 2,394 904
30,000 2,510 942
32,000 2,626 980
34,000 2,742 1,018
36,000 2,858 1,056
38,000 2,974 1,094
40,000 3,090 1,132”.

SEC. 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.

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.

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”.

SEC. 515. National Guard Youth Challenge Program.

Section 509(k) of title 32, United States Code, is amended—

(1) in the heading, by striking “Report” and inserting “Reports”;

(2) by striking “Within” and inserting “(1) Not later than”; and

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

“(2) Not later than 120 days after the end of each fiscal year, the Secretary of Defense shall evaluate the pilot Jobs ChalleNGe Programs and submit a report of findings and recommendations to Congress.”.

SEC. 516. National Guard Youth Challenge Program.

Section 509(h) of title 32, United States Code, is amended—

(1) by redesignating paragraph (2) as paragraph (4); and

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

“(2) Equipment and facilities of the United States may be transferred to the National Guard for purposes of carrying out the Program.

“(3) Equipment and facilities of a State, county, or local government entity may be transferred to the National Guard for purposes of carrying out the Program.”.

SEC. 517. Use of National Guard in case of a major disaster or request from a State governor.

The President shall order members of the National Guard in a State to full-time National Guard duty or active Guard and Reserve duty under section 502(f) of title 32, United States Code, if—

(1) the Governor of the State requests such an order; and

(2) the President declares that a major disaster exists—

(A) in that State and one or more other States is participating in the response to the disaster; or

(B) in two States described in subparagraph (A) because of the same event.

SECTION 518. Funding of National Guard in case of a major disaster or emergency declared under the Stafford Act.

Section 403(c) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170b(c)) is amended—

(1) by redesignating paragraph (6) as paragraph (7); and

(2) by inserting after paragraph (5) the following new paragraph (6):

“(6) NATIONAL GUARD.—The President may make contributions to a State or local government for the purpose of reimbursing the Department of Defense for expenditures that arise from use of members of the National Guard and Reserve under section 502(f) of title 32, United States Code, to respond to a major disaster declared by the President under section 401 of this Act.”.

SEC. 519. Pilot program for EOD-qualified members of the Army National Guard to support civil authorities.

(a) Pilot program authorized.—The Secretary of the Army may carry out a pilot program under which EOD-qualified members of the Army National Guard may conduct planning and immediate response defense support to civil authorities.

(b) Objectives.—The Secretary of the Army shall design a pilot program conducted under this section to determine the following:

(1) The feasibility and effectiveness of establishing program described in subsection (a).

(2) The merits of using EOD-qualified members of the Army National Guard on full-time National Guard duty versus such members on active duty for such a pilot program.

(3) The need for legislative authority to conduct such a pilot program.

(4) The costs to make such a pilot program permanent.

(c) Consultation.—In developing a pilot program under this section, the Secretary of the Army shall consult with the Commanders of the United States Northern Command and United States Pacific Command regarding—

(1) defeating sustained bombings in the United States, including the territories and possessions;

(2) plans for EOD defense support of designated national special security events;

(3) plans for EOD defense support of the national response framework activities of the Departments of Justice and Homeland Security;

(4) EOD immediate response for recovery of Department of Defense munitions off-installation; and

(5) EOD immediate response in support of civilian law enforcement agencies.

(d) Authority for pay and allowances.—The Secretary of Defense may, subject to appropriations, make funds available to fund pay, allowances, travel, training, operations, and maintenance costs for members of the Army National Guard who participate in the pilot program.

(e) Commencement; duration.—The Secretary of the Army may commence a pilot program under this section on or after January 1, 2019. All activities under such a pilot program shall terminate no later than December 31, 2023.

(f) Report.—If the Secretary of the Army carries out a pilot program under this section, the Secretary shall submit to the congressional defense committees a report containing an evaluation of the pilot program, including determinations described in subsection (b), not later than January 1, 2021.

(g) EOD defined.—In this section, the term “EOD” means explosive ordnance disposal.

subtitle CGeneral Service Authorities and Correction of Military Records

SEC. 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.

SEC. 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.”.

SEC. 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)”.

SEC. 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.

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

SEC. 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.

SEC. 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.

SEC. 528. Entrepreneurial sabbatical for scientists employed at defense laboratories.

The Secretary of Defense may prescribe regulations that permit scientists employed at defense laboratories to take unpaid sabbaticals from such employment to work in the private sector. Such regulations may address issues including conflict of interest and the risk and impact to mission if critical positions are unfilled due to a sabbatical.

SEC. 529. Completion of Department of Defense Directive 2310.07E regarding missing persons.

(a) In general.—The Secretary of Defense shall make the completion of Department of Defense Directive 2310.07E a top priority in order to improve the efficiency of locating missing persons.

(b) Definition.—In this section, the term “missing person” has the meaning given such term in section 1513 of title 10, United States Code.

SEC. 530. Attending Physician to the Congress.

(a) In general.—Chapter 41 of title 10, United States Code, is amended by inserting before section 716 the following new section:

§ 715. Attending Physician to the Congress: grade

“A general officer serving as Attending Physician to the Congress, while so serving, holds the grade of major general. A flag officer serving as Attending Physician to the Congress, while so serving, holds the grade of rear admiral (upper half).”.

(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by inserting before the item relating the section 716 the following new item:


“715. Attending Physician to Congress: grade”.

subtitle DMilitary Justice

SEC. 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.”.

SEC. 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.”.

SEC. 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.”.

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.

(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.

SEC. 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.

SEC. 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.

subtitle EOther Legal Matters

SEC. 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).”.

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.

(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. The Secretary of the Army shall ensure that all records of any request, determination, or action under this subsection remains confidential.”.

(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. The Secretary of the Navy shall ensure that all records of any request, determination, or action under this subsection remains confidential.”.

(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. The Secretary of the Air Force shall ensure that all records of any request, determination, or action under this subsection remains confidential.”.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 547. Definition of military sexual trauma.

(a) In general.—The Secretaries of Defense and Veterans Affairs shall establish a joint definition of “military sexual trauma” for their respective Departments to use in all aspects of delivering care and benefits to members of the Armed Forces and veterans who have suffered that crime.

(b) Report.—The Secretaries shall submit to Congress a report on their efforts under subsection (a), including legislative recommendations, not later than 180 days after the date of the enactment of this Act.

subtitle FMember Education, Training, Resilience, and Transition

SEC. 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.

SEC. 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;

“(B) receive information from the counselor regarding reenlistment in the armed forces; and

“(C) receive information from the counselor regarding resources (including resources regarding military sexual trauma)—

“(i) for members of the armed forces separated, retired, or discharged;

“(ii) located in the community in which the member will reside after separation, retirement, or discharge.

“(3) At the meeting under paragraph (2), the member may elect to have the Secretary concerned (in consultation with the Secretaries of Labor and Veterans Affairs) provide the contact information of the member to the resources described in paragraph (2)(B).”; and

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

“(e) 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 1 year after the date of the enactment of this Act.

(3) GAO STUDY.—Not later than 1 year after the Secretaries concerned carry out subsection (c) of such section, as amended by paragraph (1), the Comptroller General of the United States shall submit to Congress a review of the pathways for the Transition Assistance Program established under such 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 1 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;

(iv) facilitate effective oversight of the Transition Assistance Program; and

(v) ensure members obtain sufficient financial literacy to effectively leverage conferred benefits and opportunities for employment, education, vocational training, and entrepreneurship.

(4) REPORT.—On the date that is 2 years after the date of the enactment of this Act and annually thereafter for the subsequent 4 years, the Secretary of Defense shall submit to the Committees on Armed Services and Veterans' Affairs of the Senate and the House of Representatives, the Committee 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.

SEC. 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.”.

SEC. 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.”.

SEC. 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”.

SEC. 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) The number and percentage of individuals served by the pilot program who are employed in a field that matches their skills and training.

(E) 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 2 years.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 560. Atomic veterans service medal.

(a) Service medal required.—The Secretary of Defense shall design and produce a military service medal, to be known as the “Atomic Veterans Service Medal”, to honor retired and former members of the Armed Forces who are radiation-exposed veterans (as such term is defined in section 1112(c)(3) of title 38, United States Code).

(b) Distribution of medal.—

(1) ISSUANCE TO RETIRED AND FORMER MEMBERS.—At the request of a radiation-exposed veteran, the Secretary of Defense shall issue the Atomic Veterans Service Medal to the veteran.

(2) ISSUANCE TO NEXT-OF-KIN.—In the case of a radiation-exposed veteran who is deceased, the Secretary may provide for issuance of the Atomic Veterans Service Medal to the next-of-kin of the person.

(3) APPLICATION.—The Secretary shall prepare and disseminate as appropriate an application by which radiation-exposed veterans and their next-of-kin may apply to receive the Atomic Veterans Service Medal.

SEC. 560A. Report on availability of college credit for skills acquired during military service.

Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretaries of Veterans Affairs, Education, and Labor, shall submit to Congress a report on the transfer of skills into equivalent college credits or technical certifications for members of the Armed Forces leaving the military. Such report shall describe each the following:

(1) Each skill that may be acquired during military service that is eligible for transfer into an equivalent college credit or technical certification.

(2) The academic level of the equivalent college credit or technical certification for which each such skill is eligible.

(3) Each academic institution that awards an equivalent college credit or technical certification for such skills, including—

(A) whether each such academic institution is public or private and whether such institution is for profit; and

(B) the number of veterans that applied to such academic institutions who were able to receive equivalent college credits or technical certifications in the last fiscal year, and the academic level of the credits or certifications.

(4) The number of members of the Armed Forces who left the military in the last fiscal year and the number of those individuals who met with an academic or technical training advisor as part of their participation in the Transition Assistance Program.

SEC. 560B. Information regarding county veterans service officers.

(a) Provision of information.—The Secretary of Defense, and with respect to members of the Coast Guard, the Secretary of the Department in which the Coast Guard is operating when it is not operating as a service in the Navy, shall ensure that a member of the Armed Forces who is separating or retiring from the Armed Forces may elect to have the Department of Defense form DD–214 of the member transmitted to the appropriate county veterans service officer based on the mailing address provided by the member.

(b) Database.—The Secretary of Defense, in coordination with the Secretary of Veterans Affairs, shall maintain a database of all county veterans service officers.

(c) County veterans service officer defined.—In this section, the term “county veterans service officer” means an employee of a county government, local government, or Tribal government who is covered by section 14.629(a)(2) of title 38, Code of Federal Regulations.

SEC. 560C. Enhancement of authorities in connection with Junior Reserve Officers' Training Corps programs.

(a) Authority To convert otherwise closing units to National Defense Cadet Corps program units.—If the Secretary of a military department is notified by a local educational agency of the intent of the agency to close its Junior Reserve Officers' Training Corps (JROTC) unit, the Secretary shall offer the agency the option of converting the program to a National Defense Cadet Corps (NDCC) program unit in lieu of closing the unit.

(b) Flexibility in administration of instructors.—

(1) IN GENERAL.—The Secretaries of the military departments shall undertake initiatives designed to promote flexibility in the hiring and compensation of instructors for the Junior Reserve Officers' Training Corps program under the jurisdiction of such Secretaries.

(2) ELEMENTS.—The initiatives undertaken pursuant to this subsection may provide for one or more of the following:

(A) Termination of the requirement for a waiver as a condition of the hiring of well-qualified non-commissioned officers with a bachelor’s degree for senior instructor positions within the Junior Reserve Officers' Training Corps.

(B) Specification of a single instructor as the minimum number of instructors required to found and operate a Junior Reserve Officers' Training Corps unit.

(C) Authority for Junior Reserve Officers' Training Corps instructors to undertake school duties, in addition to Junior Reserve Officers' Training Corps duties, at small schools.

(D) Authority for the payment of instructor compensation for a limited number of Junior Reserve Officers' Training Corps instructors on a 10-month per year basis rather than a 12-month per year basis.

(E) Such other actions as the Secretaries of the military departments consider appropriate.

(c) Flexibility in allocation and use of travel funding.—The Secretaries of the military departments shall take appropriate actions to provide so-called regional directors of the Junior Reserve Officers' Training Corps programs located at remote rural schools enhanced discretion in the allocation and use of funds for travel in connection with Junior Reserve Officers' Training Corps activities.

(d) Standardization of program data.—The Secretary of Defense shall take appropriate actions to standardize the data collected and maintained on the Junior Reserve Officers' Training Corps programs in order to facilitate and enhance the collection and analysis of such data. Such actions shall include a requirement for the use of the National Center for Education Statistics (NCES) identification code for each school with a unit under a Junior Reserve Officers' Training Corps program in order to facilitate identification of such schools and their units under the Junior Reserve Officers' Training Corps programs.

(e) Authority for additional units.—

(1) IN GENERAL.—The Secretaries of the military departments may, using amounts authorized to be appropriated by paragraph (2), establish an aggregate of not more than 100 units under the Junior Reserve Officers' Training Corps programs in low-income and rural areas of the United States and areas of the United States currently underserved by the Junior Reserve Officers' Training Corps programs.

(2) FUNDING.—There is hereby authorized to be appropriated for fiscal year 2019 for the Department of Defense amounts as follows:

(A) For Operation and Maintenance, Army, $3,140,000, with the amount available for the Junior Reserve Officers' Training Corps program of the Army.

(B) For Operation and Maintenance, Navy, $950,000, with the amount available for the Junior Reserve Officers' Training Corps program of the Navy.

(C) For Operation and Maintenance, Air Force, $1,000,000, with the amount available for the Junior Reserve Officers' Training Corps program of the Air Force.

(D) For Operation and Maintenance, Marine Corps, $390,000, with the amount available for the Junior Reserve Officers' Training Corps program of the Marine Corps.

(E) For Military Personnel, $1,220,000, of which—

(i) $500,000 is for the Army for the Junior Reserve Officers' Training Corps program of the Army;

(ii) $270,000 is for the Navy for the Junior Reserve Officers' Training Corps program of the Navy;

(iii) $380,000 is for the Air Force for the Junior Reserve Officers' Training Corps program of the Air Force; and

(iv) $70,000 is for the Marine Corps for the Junior Reserve Officers' Training Corps program of the Marine Corps.

(3) SUPPLEMENT NOT SUPPLANT.—The amounts authorized to be appropriated for fiscal year 2019 for the Department of Defense by this subsection are in addition to any other amounts authorized to be appropriated for fiscal year 2019 for the Department under any other provision of law.

(4) OFFSET.—Notwithstanding the amounts set forth in the funding tables in division G—

(A) the amount authorized to be appropriated in section 101 for procurement, as set forth in the corresponding funding table in section 7101, for other procurement, Navy, aircraft support equipment (line 090), is hereby decreased by $3,200,000; and

(B) the amount authorized to be appropriated in section 101 for procurement, as set forth in the corresponding funding table in section 7101, for other procurement, Navy, civil engineering support equipment, items under $5 million (line 115), is hereby decreased by $3,500,000.

SEC. 560D. Transition outreach pilot program.

(a) Establishment.—Not later than 90 days after the enactment of this Act, the Secretary of Defense, in coordination with the Secretaries of Veterans Affairs, Labor, Education, and Homeland Security, and the Administrator of the Small Business Administration, shall establish a pilot program through the Transition to Veterans Program Office that fosters contact between veterans and the Department of Defense.

(b) Contact.—The Secretary of Defense, and with respect to members of the Coast Guard, the Secretary of the Department in which the Coast Guard is operating when it is not operating as a service in the Navy, shall direct the Military Transition Assistance Teams of the Department of Defense to contact each veteran from the Armed Forces at least twice during each of the first three months after the veteran separates from the Armed Forces to—

(1) inquire about the transition of the separated member to civilian life, including—

(A) employment;

(B) veterans benefits;

(C) education;

(D) family life; and

(2) hear concerns of the veteran regarding transition.

(c) Termination.—The Secretary shall complete operation of the pilot program under this section not later than September 30, 2019.

(d) Report.—Not later than 90 days after termination of the pilot program under this section, the Secretary of Defense shall submit a report to Congress regarding such pilot program, including the following, disaggregated by armed force:

(1) The number of veterans contacted, including how many times such veterans were contacted.

(2) Information regarding the age, sex, and geographic region of contacted veterans.

(3) Concerns most frequently raised by the veterans.

(4) What benefits the contacted veterans have received, and an estimate of the cost to the Federal Government for such benefits.

(5) How many contacted veterans are employed or have sought employment, including what fields of employment.

(6) How many contacted veterans are enrolled or have sought to enroll in a course of education, including what fields of study.

(7) Recommendations for legislation to improve the long-term effectiveness of TAP and the well-being of veterans.

(e) Definitions.—In this section:

(1) The term “armed force” has the meaning given that term in section 101 of title 10, United States Code.

(2) The term “TAP” means the Transition Assistance Program under sections 1142 and 1144 of title 10, United States Code.

(3) The term “veteran” has the meaning given that term in section 101 of title 38, United States Code.

subtitle GDefense 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.

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).”.

SEC. 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.”.

SEC. 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 G of this Act and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 7301 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 G of this Act and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 7301 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)).

SEC. 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).

SEC. 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.

SEC. 566. Flexible maternity and parental leave.

Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall establish and implement policies and procedures that permit a military parent to take, if requested by the military parent, flexible and non-continuous—

(1) maternity leave; and

(2) parental leave.

SEC. 567. Report on wage determination for certain programs.

(a) Wage determination.—The Secretary of Defense, acting through the National Guard Bureau, shall coordinate with the Secretary of Labor to obtain a wage determination under section 6703(1) of title 41, United States Code, for all contract workers under the following programs:

(1) Family Assistance Centers.

(2) Family Readiness and Support.

(3) Yellow Ribbon Reintegration Program.

(4) Recruit Sustainment Program.

(b) Report.—Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense shall submit a report to the congressional defense committees regarding the wage determinations described in subsection (a). The report shall include a cost estimate of transferring all of the programs named in subsection (a) to direct Federal management.

SEC. 568. Education for dependents of certain retired members of the Armed Forces.

Section 2164(a) of title 10, United States Code, is amended—

(1) in paragraph (1), by adding at the end “If the Secretary determines that appropriate educational programs are not available through a local educational agency for dependents of retirees residing on a military installation in the United States, the Secretary may enter into arrangements to provide for the elementary or secondary education of the dependents of such retirees.”; and

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

“(4) For purposes of this subsection, the term ‘retiree’ means a member or former member of the armed forces who is entitled to retired or retainer pay under this title, or who, but for age, would be eligible for retired or retainer pay under chapter 1223 of this title.”.

SEC. 569. Temporary expansion of authority for noncompetitive appointments of military spouses by Federal agencies.

(a) In general.—During the 2-year period beginning on the date of the enactment of this Act, section 3330d of title 5, United States Code, shall be applied—

(1) without regard to—

(A) paragraphs (3), (4), and (5) of subsection (a); and

(B) subsection (c);

(2) in subsection (b)(1), by substituting “a spouse of a member of the Armed Forces on active duty” for “a relocating spouse of a member of the Armed Forces”; and

(3) in subsection (d)(1), by substituting “subsection (a)(3)” for “subsection (a)(6)”.

(b) OPM limitation and reports.—

(1) RELOCATING SPOUSES.—With respect to the noncompetitive appointment of a relocating spouse of a member of the Armed Forces under subsection (b)(1) of section 3330d of title 5, United States Code, as modified by subsection (a), the Director of the Office of Personnel Management—

(A) shall monitor the number of such appointments;

(B) shall require the head of each agency with authority to make such appointments under such section to submit an annual report to the Director on such appointments, including information on the number of individuals so appointed, the types of positions filled, and the effectiveness of the authority for such appointments; and

(C) not later than 18 months after the date of the enactment of this Act, shall submit a report to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Government Affairs of the Senate on the use and effectiveness of such authority.

(2) NON-RELOCATING SPOUSES.—With respect to the noncompetitive appointment of a spouse of a member of the Armed Forces other than a relocating spouse described in paragraph (1), the Director of the Office of Personnel Management—

(A) shall treat the spouse as a relocating spouse under paragraph (1); and

(B) may limit the number of such appointments.

(c) Sunset.—Effective on the date that is 2 years after the date of the enactment of this Act, the authority under this section, including the authority provided by the modifications to section 3330d of title 5, United States Code, shall expire.

SEC. 570. Assessment and report on active shooter threat mitigation at schools located on military installations.

(a) Assessment.—The Secretary of Defense shall conduct an assessment of strategies that may be used to reduce the security threat posed by active shooter incidents at public elementary schools and secondary schools located on the grounds of Federal military installations.

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

subtitle HDecorations and Awards

SEC. 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.”.

SEC. 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.

SEC. 573. Award of medals or other commendations to handlers of military working dogs and military working dogs.

(a) Short title.—This section may be cited as the “Guardians of America’s Freedom Medal Act”.

(b) Award of medals or other commendations to handlers of military working dogs and military working dogs.—

(1) PROGRAM OF AWARD REQUIRED.—Each Secretary of a military department shall carry out a program to provide for the award of one or more medals or other commendations to handlers of military working dogs, and to military working dogs, under the jurisdiction of such Secretary to recognize valor or meritorious achievement by such handlers and dogs.

(2) MEDAL AND COMMENDATIONS.—Any medal or commendation awarded pursuant to a program under paragraph (1) shall be of such design, and include such elements, as the Secretary of the military department concerned shall specify.

(3) REGULATIONS.—Medals and commendations shall be awarded under programs under paragraph (1) in accordance with regulations prescribed by the Secretary of Defense for purposes of this section.

SEC. 574. Authorization for award of distinguished-service cross to Justin T. Gallegos for acts of valor during Operation Enduring Freedom.

(a) Waiver of time limitations.—Notwithstanding the time limitations specified in section 3744 of title 10, United States Code, or any other time limitations with respect to the awarding of certain medals to persons who served in the Armed Forces, the Secretary of the Army may award the Distinguished-Service Cross under section 3742 of such title to Justin T. Gallegos for the acts of valor described in subsection (b).

(b) Acts of valor described.—The acts of valor referred to in subsection (a) are the actions of Justin T. Gallegos on October 3, 2009, as a member of the Army in the grade of Staff Sergeant, serving in Afghanistan with the 61st Cavalry Regiment, 4th Brigade Combat Team, 4th Infantry Division.

SEC. 575. Report on awards for cost-saving ideas.

Not later than 1 year after the date of enactment of this Act, Secretary of Defense shall submit to Congress a report detailing—

(1) the total number of awards and commendations presented to any military personnel for a cost-saving idea during the prior fiscal year;

(2) a total estimate of the total savings as a result of the implementation of cost-saving ideas for which an award or commendation was presented; and

(3) a description of how the Secretary plans to expand incentive programs for the purpose described in this section and streamline such programs.

SEC. 576. Eligibility of veterans of Operation End Sweep for Vietnam Service Medal.

The Secretary of the military department concerned may, upon the application of an individual who is a veteran who participated in Operation End Sweep, award that individual the Vietnam Service Medal.

subtitle IMiscellaneous Reports and Other Matters

SEC. 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, on a quarterly basis, on a website of the Department the top-line numbers of members of the Armed Forces deployed for each country as of the date of the submittal of the report and the total number of members of the Armed Forces so deployed during the quarter covered by the report.

(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.

(3) PUBLIC AVAILABILITY.—If a waiver is issued under this subsection, notice of such waiver shall be included in the report made publicly available under subsection (a) for the applicable quarter, together with information about the timing of 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 586. Inclusion of blast exposure history in service records.

The Secretary of Defense shall ensure that blast exposure history is included in the service records of members of the Armed Forces in a manner that will assist in determining whether a future illness or injury is service connected.

SEC. 587. Cybersecurity educational programs and awareness in Junior Reserve Officer Training Corps.

The Secretaries of the military departments shall encourage the Junior Reserve Officer Training Corps to include cybersecurity educational programs and awareness in the curriculum of the Corps, including lessons on cyber defense, risks of cybersecurity vulnerabilities in the military, and pursuing studies and careers in cybersecurity and related fields within the Department of Defense.

SEC. 588. Publication of guidance and information on housing markets near certain military installations.

(a) In general.—The Secretary of Defense shall develop and make publicly available guidance and information about the housing market around military installations in the continental United States. Such guidance and information shall be designed to assist members of the Armed Forces in better using their basic allowance for housing.

(b) Matters for inclusion.—The information and guidance under subsection (a) shall include—

(1) information on the housing market around the installation, including—

(A) information about deciding whether to rent or buy, including taking into consideration the average deployment cycle for that military installation and permanent change of station timelines;

(B) information about houses and apartments;

(C) considerations of living with a roommate; and

(D) information about working with and through a landlord;

(2) suggested bedroom and bathroom and square footage for each basic allowance for housing category;

(3) recommended zip codes in which to look for properties;

(4) information about the availability of public transportation;

(5) average commute times to military installation and wait times at nearest gate; and

(6) a list of realtors and real estate brokers who work in the area, including any complaints registered against such realtors and brokers.

(c) GAO report.—The Comptroller General of the United States shall submit to Congress a report on a review of the Comptroller General of the rate setting procedure for basic allowance for housing. Such review shall cover how the Department of Defense collects basic allowance for housing data and shall include an analysis of each of the following:

(1) Whether the process in use is the most efficient process.

(2) Whether the information collected is publically available elsewhere.

(3) Whether the data collected reflects what is available through open source methods.

(4) How basic allowance for housing rates and cost of living adjustments are interrelated.

(5) Whether members of the Armed Forces about whom data is collected are receiving loan protections on interest rates pursuant to the Servicemembers Civil Relief Act.

(6) Whether such members of the Armed Forces experience issues when they need to break leases for a deployment or permanent change of station.

SEC. 589. Assistance of States for deployment-related support of members of the Armed Forces undergoing deployment and their families beyond the Yellow Ribbon Reintegration Program.

Section 582 of the National Defense Authorization Act for Fiscal Year 2008 (10 U.S.C. 10101 note) is amended—

(1) by redesignating subsections (k) and (l) as subsections (l) and (m), respectively; and

(2) by inserting after subsection (j) the following new subsection (k):

“(k) Support beyond Program.—The Secretary of Defense shall provide funding to States to carry out programs that provide deployment cycle information, services, and referrals to members of the Armed Forces, including members of the regular components and members of the reserve components, and the families of such members, throughout the deployment cycle. Such programs may include the provision of access to outreach services, including the following:

“(1) Employment counseling.

“(2) Behavioral health counseling.

“(3) Suicide prevention.

“(4) Housing advocacy.

“(5) Financial counseling.

“(6) Referrals for the receipt of other related services.”.

SEC. 590. Exemption from repayment of voluntary separation pay.

Section 1175a(j) of title 10, United States Code, is amended—

(1) in paragraph (1) by striking “paragraphs (2) and (3)” and inserting “paragraphs (2), (3), and (4)”;

(2) by redesignating paragraph (4) as paragraph (5); and

(3) by inserting after paragraph (3) the following new paragraph:

“(4) This subsection shall not apply to a member who—

“(A) is involuntarily recalled to active duty or full-time National Guard duty; and

“(B) in the course of such duty, incurs a service-connected disability rating of total under section 1155 of title 38.”.

SEC. 591. Service of wounded warriors as remotely piloted aircraft pilots or remotely piloted aircraft sensor operators in the Air Force.

(a) Program required.—The Secretary of the Air Force shall establish a program under which a qualified wounded warrior who faces retirement or separation from the Armed Forces for physical disability may continue, in lieu of such retirement or separation, to serve in the Armed Forces as a remotely piloted aircraft pilot or remotely piloted aircraft sensor operator in the Air Force.

(b) Eligibility qualifications.—

(1) MODIFICATION OF PHYSICAL REQUIREMENTS.—In the case of wounded warriors only, the Secretary of the Air Force shall modify the physical fitness requirements applicable to a wounded warrior who is seeking to serve, or is serving, as a remotely piloted aircraft pilot or remotely piloted aircraft sensor operator if the wounded warrior is incapable of meeting such requirements, such as completing an annual physical training test, due to the service-related disability, but otherwise satisfies the remotely piloted aircraft medical standard.

(2) MEDICAL WAIVERS.—The restriction on medical waivers contained in section 6.4.5.1 of Air Force Instruction 48–123 shall not apply to the program required by this section.

(3) CONTINUED APPLICABILITY OF OTHER REQUIREMENTS.—To serve as a remotely piloted aircraft pilot or remotely piloted aircraft sensor operator, a wounded warrior applicant would still have to pass—

(A) the applicable Air Force Officer Qualifying Test or Armed Services Vocational Aptitude Battery; and

(B) the applicable security and mental health requirements.

(4) AUTOMATIC DISQUALIFICATION.—A wounded warrior may not be selected to serve, or continue to serve, as a remotely piloted aircraft pilot or remotely piloted aircraft sensor operator if the Secretary of the Air Force determines that—

(A) the wounded warrior presents a hazard to flying safety or mission completion;

(B) performance of the duty would be hazardous to the health of the wounded warrior; or

(C) the wounded warrior is diagnosed with post-traumatic stress disorder, traumatic brain injury, or any other mental disorder that could hinder mission performance.

(c) Priority for certain wounded warriors.—In selecting wounded warriors to serve as a remotely piloted aircraft pilot or remotely piloted aircraft sensor operator, the Secretary of the Air Force shall give priority to wounded warriors whose disability was incurred—

(1) in the line of duty in a combat zone designated by the Secretary of Defense; or

(2) during the performance of duty in combat-related operations as designated by the Secretary of Defense.

(d) Transfer authority.—In the case of a wounded warrior who is not a member of the Air Force, the Secretary of the Air Force shall cooperate with the Secretary concerned having jurisdiction over the wounded warrior to transfer the wounded warrior from the other Armed Force to the Air Force to permit the wounded warrior to be selected for the program under this section.

(e) Wounded warrior defined.—In this section, the term “wounded warrior” means a member of the Armed Forces who—

(1) is unfit to perform the duties of the member’s office, grade, rank, or rating because of physical disability incurred in the line of duty; and

(2) is under consideration for retirement or separation under chapter 61 of title 10, United States Code, or has been placed on the temporary disability retired list.

SEC. 592. Transportation of remains of casualties; travel expenses for next of kin.

(a) Transportation for remains of a member who dies not in a theater of combat operations.—Section 562 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 1482 note) is amended—

(1) in the heading, by striking “dying in a theater of combat operations”; and

(2) in subsection (a), by striking “in a combat theater of operations” and inserting “outside of the United States”.

(b) Transportation for family.—The Secretary of Defense shall revise Department of Defense Instruction 1300.18 to extend travel privileges via Invitational Travel Authorization to family members of members of the Armed Forces who die outside of the United States and whose remains are returned to the United States through the mortuary facility at Dover Air Force Base, Delaware.

SEC. 593. Garnishment to satisfy judgment rendered for physically, sexually, or emotionally abusing a child.

Section 1408 of title 10, United States Code, is amended—

(1) in subsection (e)—

(A) in paragraph (1), by striking “The” and inserting “Subject to subsection (l)(2), the”; and

(B) in paragraph (4)(B), by striking “other provision of law” and inserting “provision of law except subsection (l)(2)”; and

(2) in subsection (l)(2), by striking the second sentence and inserting “The limitations on the amount of disposable retired pay available for payments under paragraphs (1) and (4)(B) of subsection (e) do not apply to a child abuse garnishment order.”.

SEC. 594. Use of mobile applications for training manuals.

The Secretary of Defense shall encourage the military departments to transition training manuals, emergency guidance, and other publications needed to train members of the Armed Forces to applications on mobile telephones that use innovative technologies and provide for interaction between trainees and information needed to complete training in a manner that is cost efficient.

SEC. 595. Addressing attrition levels of women in the military.

Not later than 1 year after the date of enactment of this Act, the Secretary of Defense shall develop and carry out an exit survey to be completed by members of the Armed Forces to assist the Secretary to assess the reasons that attrition levels for women are higher than for men at various career points.

SEC. 596. Proof of period of military service for purposes of interest rate limitation under the Servicemembers Civil Relief Act.

Section 207(b)(1) of the Servicemembers Civil Relief Act (50 U.S.C. 3937(b)(1)) is amended to read as follows:

“(1) PROOF OF MILITARY SERVICE.—

“(A) IN GENERAL.—Not later than 180 days after the date of a servicemember's termination or release from military service, in order for an obligation or liability of the servicemember to be subject to the interest rate limitation in subsection (a), the servicemember shall provide to the creditor written notice and a copy of—

“(i) the military orders calling the servicemember to military service and any orders further extending military service; or

“(ii) any other appropriate indicator of military service, including a certified letter from a commanding officer.

“(B) INDEPENDENT VERIFICATION BY CREDITOR.—

“(i) IN GENERAL.—Regardless of whether a servicemember has provided to a creditor the written notice and documentation under subparagraph (A), the creditor may use, in lieu of such notice and documentation, information retrieved from the Defense Manpower Database Center through the creditor’s normal business reviews of the Database Center for purposes of obtaining information indicating that the servicemember is on active duty.

“(ii) SAFE HARBOR.—A creditor that uses the information retrieved from the Defense Manpower Database Center under clause (i) with respect to a servicemember has not failed to treat the debt of the servicemember in accordance with subsection (a) if—

“(I) such information indicates that, on the date the creditor retrieves such information, the servicemember is not on active duty; and

“(II) the creditor has not, as of such date, received the written notice and documentation required under subparagraph (A) with respect to the servicemember.”.

SEC. 597. Report regarding possible improvements to processing retirements and medical discharges.

(a) Report required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of Veterans Affairs, shall issue a report to the congressional defense committees and the Committees on Veterans’ Affairs of the Senate and House of Representatives regarding possible improvements to the transition of members of the Armed Forces to veteran status.

(b) Elements.—The report under subsection (a) shall address the following:

(1) Feasibility of requiring members of the Armed Forces to apply for benefits administered by the Secretary of Veterans Affairs before such members complete discharge from the Armed Forces.

(2) Feasibility of requiring members of the Armed Forces to undergo compensation and pension examinations (to be administered by the Secretary of Defense) for purposes of obtaining benefits described in paragraph (1) before such members complete discharge from active duty in the Armed Forces.

(3) Possible improvements to the timeliness of the process for transitioning members who undergo medical discharge to care provided by the Secretary of Veterans Affairs.

SEC. 598. Chaplaincies of the Armed Forces.

(a) Purpose.—The purposes of the chaplaincies of the Armed Forces are—

(1) to accommodate the religious needs of members of the Armed Forces;

(2) to provide religious and pastoral care to members of the Armed Forces; and

(3) to provide advice to commanders of the Armed Forces on the complexities of religion with regard to the respective commander’s personnel and mission, as appropriate.

(b) Requirements.—Each chaplain of the Armed Forces shall be—

(1) a member of a religious organization;

(2) of sufficient education and ecclesiastical qualification; and

(3) qualified to conduct religious observances or ceremonies.

TITLE VICompensation and Other Personnel Benefits

subtitle APay and Allowances

SEC. 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.”.

SEC. 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.

SEC. 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)”.

SEC. 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).

SEC. 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.

SEC. 606. Report on imminent danger pay and hostile fire pay.

(a) Report required.—Not later than March 1, 2019, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report examining the current processes for awarding imminent danger pay and hostile fire pay to members of the Armed Forces.

(b) Elements.—This report under this section shall include the following:

(1) An analysis of difficulties in implementing the current system.

(2) An explanation of how geographic regions are selected to be eligible for such pay and the criteria used to define these regions.

(3) An examination of whether the current geographic model is the most appropriate way to award such pay, including the following:

(A) A discussion of whether the current model most accurately reflects the realities of modern warfare and is responsive enough to the needs of members.

(B) Whether the Secretary believes it would be appropriate to tie such pay to specific authorizations for deployments (including deployments of special operations forces) in addition to geographic criteria.

(C) A description of any change the Secretary would consider to update such pay to reflect the current operational environment.

(D) How the Secretary would implement each change under subparagraph (C).

(E) Recommendations of the Secretary for related regulations or legislative action.

SEC. 607. Sense of Congress regarding the widows’ tax.

It is the sense of Congress that—

(1) section 621 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) amended section 1450(m) of title 10, United States Code, to make permanent the special survivor indemnity allowance;

(2) under the special survivor indemnity allowance, surviving spouses and dependent children of members who die of a service-connected cause will not be subject to a full offset of survivor benefit plan payments by dependency and indemnity compensation, commonly referred to as the “widows’ tax”; and

(3) while the special survivor indemnity allowance alleviates the gap in benefits, the whole Congress must work together to find a way to eliminate the widows’ tax entirely.

SEC. 608. Reevaluation of BAH for the military housing area including Staten Island.

Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, using the most recent data available to the Secretary, shall reevaluate the basic housing allowance prescribed under section 403(b) of title 37, United States Code, for the military housing area that includes Staten Island, New York.

SEC. 609. Compensation and credit for retired pay purposes for maternity leave taken by members of the reserve components.

(a) Compensation.—Section 206(a) of title 37, United States Code, is amended—

(1) in paragraph (2), by striking “or” at the end;

(2) in paragraph (3), by striking the period at the end and inserting “; or”; and

(3) by adding the end the following new paragraph:

“(4) for each of 6 days in connection with the taking by the member of a period of maternity leave.”.

(b) Credit for retired pay purposes.—

(1) IN GENERAL.—The period of maternity leave taken by a member of the reserve components of the Armed Forces in connection with the birth of a child shall count toward the member's entitlement to retired pay, and in connection with the years of service used in computing retired pay, under chapter 1223 of title 10, United States Code, as 12 points.

(2) SEPARATE CREDIT FOR EACH PERIOD OF LEAVE.—Separate crediting of points shall accrue to a member pursuant to this subsection for each period of maternity leave taken by the member in connection with a childbirth event.

(3) WHEN CREDITED.—Points credited a member for a period of maternity leave pursuant to this subsection shall be credited in the year in which the period of maternity leave concerned commences.

(4) CONTRIBUTION OF LEAVE TOWARD ENTITLEMENT TO RETIRED PAY.—Section 12732(a)(2) of title 10, United States Code, is amended by inserting after subparagraph (E) the following new subparagraph:

“(F) Points at the rate of 12 a year for the taking of maternity leave.”.

(5) COMPUTATION OF YEARS OF SERVICE FOR RETIRED PAY.—Section 12733 of such title is amended—

(A) by redesignating paragraph (5) as paragraph (6); and

(B) by inserting after paragraph (4) the following new paragraph (5):

“(5) One day for each point credited to the person under subparagraph (F) of section 12732(a)(2) of this title.”.

(c) Effective date.—This section and the amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply with respect to periods of maternity leave that commence on or after that date.

subtitle BBonuses and Special Incentive Pays

SEC. 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”.

subtitle COther Matters

SEC. 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.”.

SEC. 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.

SEC. 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”.

SEC. 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.

SEC. 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.

SEC. 626. Designation of new beneficiary under the Survivor Benefit Plan.

Section 1448(b)(1) of title 10, United States Code, is amended by adding at the end the following new subparagraph (H):

“(H) ELECTION OF NEW BENEFICIARY BY TERMINALLY ILL PARTICIPANT.—

“(i) AUTHORITY FOR ELECTION.—A participant in the Plan may elect a new beneficiary if the Secretary concerned determines that the participant is terminally ill. Any such beneficiary must be a natural person with an insurable interest in the participant.

“(ii) PROCEDURES.—Such an election shall be in writing, signed by the participant, and made in such form and manner as the Secretary concerned may prescribe. Such an election shall be effective the first day of the first month following the month in which the election is received by the Secretary.”.

SEC. 627. Report regarding management of military commissaries and exchanges.

(a) Report required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report regarding management practices of military commissaries and exchanges.

(b) Elements.—The report required under this section shall include a cost-benefit analysis with the goals of—

(1) reducing the costs of operating military commissaries and exchanges by $2,000,000,000 during fiscal years 2019 through 2023; and

(2) not raising costs for patrons of military commissaries and exchanges.

SEC. 628. Access for veterans to certain fitness centers.

(a) In general.—Chapter 152 of title 10, United States Code, is amended by adding at the end the following new section:

“SEC. 2569. Fitness centers: access for veterans.

“(a) In general.—Subject to subsection (b), the Secretary of a military department may grant veterans access to a fitness center that—

“(1) is under the jurisdiction of such Secretary; and

“(2) is operated by a geographically separated unit that is located not less than 100 miles from the supporting base of such unit.

“(b) Factors for consideration.—In determining whether to grant veterans access to a fitness center under subsection (a), the Secretary concerned shall consider—

“(1) whether the commander who oversees the fitness center has determined—

“(A) that such fitness center has the capacity and infrastructure required to support veterans; and

“(B) that granting veterans such access would not impede the readiness of members of the armed forces on active duty who use the fitness center;

“(2) the effect that granting veterans such access would have on the operating and maintenance expenses of the fitness center; and

“(3) any additional criteria determined by the Secretary concerned.

“(c) Definition.—In this section, the term ‘veteran’ has the meaning given such term in section 101 of title 38.”.

(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by adding at the end the following:


“2569. Fitness centers: access for veterans.”.

SEC. 629. Extension of certain morale, welfare, and recreation privileges to certain veterans and their caregivers.

(a) Short title.—This section may be cited as the “Purple Heart and Disabled Veterans Equal Access Act of 2018”.

(b) Findings.—Congress finds the following:

(1) In 2017, the Secretary of Defense determined that the addition of new patron categories to the commissary and exchange systems would support the growth of a robust customer base and help ensure the ability of both systems to provide benefits to members of the Armed Forces and their families.

(2) The Secretary previously opposed extending commissary and exchange privileges to large patron groups such as disabled veterans.

(3) In January 2017, the Secretary of Defense approved limited online exchange shopping privileges for all veterans, effective November 11, 2017.

(4) The Secretary determined that current patrons of exchanges did not perceive the extension of such privileges as diluting the benefit for members of the Armed Forces.

(5) The Purple Heart is the oldest military decoration, awarded to members of the Armed Forces who have been wounded or died in combat, fighting for the United States. Since the modern incarnation of the award was established in 1932, approximately 1,800,000 members of the Armed Forces have been awarded the Purple Heart.

(c) Commissary stores and MWR facilities privileges for certain veterans and veteran caregivers.—

(1) EXTENSION OF PRIVILEGES.—Chapter 54 of title 10, United States Code, is amended by adding at the end the following new section:

§ 1065. Use of commissary stores and MWR facilities: certain veterans and caregivers for veterans

“(a) Eligibility of veterans awarded the Purple Heart.—A veteran who was awarded the Purple Heart shall be permitted to use commissary stores and MWR facilities on the same basis as a member of the armed forces entitled to retired or retainer pay.

“(b) Eligibility of veterans who are Medal of Honor recipients.—A veteran who is a Medal of Honor recipient shall be permitted to use commissary stores and MWR facilities on the same basis as a member of the armed forces entitled to retired or retainer pay.

“(c) Eligibility of veterans who are former prisoners of war.—A veteran who is a former prisoner of war shall be permitted to use commissary stores and MWR facilities on the same basis as a member of the armed forces entitled to retired or retainer pay.

“(d) Eligibility of veterans with service-Connected disabilities.—A veteran with a service-connected disability shall be permitted to use commissary stores and MWR facilities on the same basis as a member of the armed forces entitled to retired or retainer pay.

“(e) Eligibility of caregivers for veterans.—A caregiver or family caregiver shall be permitted to use commissary stores and MWR facilities on the same basis as a member of the armed forces entitled to retired or retainer pay.

“(f) User fee authority.— (1) The Secretary of Defense shall prescribe regulations that impose a user fee on individuals who are eligible solely under this section to purchase merchandise at a commissary store or MWR retail facility.

“(2) The Secretary shall set the user fee under this subsection at a rate that the Secretary determines will offset any increase in expenses arising from this section borne by the Department of the Treasury on behalf of commissary stores associated with the use of credit or debit cards for customer purchases, including expenses related to card network use and related transaction processing fees.

“(3) The Secretary shall deposit funds collected pursuant to a user fee under this subsection in the General Fund of the Treasury.

“(4) Any fee under this subsection is in addition to the uniform surcharge under section 2484(d) of this title.

“(g) Definitions.—In this section:

“(1) The term ‘MWR facilities’ includes—

“(A) MWR retail facilities, as that term is defined in section 1063(e) of this title; and

“(B) military lodging operated by the Department of Defense for the morale, welfare, and recreation of members of the armed forces.

“(2) The term ‘Medal of Honor recipient’ has the meaning given that term in section 1074h(c) of this title.

“(3) The terms ‘veteran’, ‘former prisoner of war’, and ‘service-connected’ have the meanings given those terms in section 101 of title 38.

“(4) The terms ‘caregiver’ and ‘family caregiver’ have the meanings given those terms in section in section 1720G(d) of title 38.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 54 of title 10, United States Code, is amended by adding at the end the following new item:


“1065. Use of commissary stores and MWR facilities: certain veterans and caregivers for veterans.”.

(3) EFFECTIVE DATE.—Section 1065 of title 10, United States Code, as added by paragraph (1), shall take effect at the end of the 90-day period beginning on the date of the enactment of this Act.

(d) Authorization of appropriation for updating ePACS for military commissaries.—There is hereby authorized to be appropriated, out of any funds in the Treasury not otherwise appropriated, $500,000 to the Secretary of Defense for the purpose of updating the electronic physical access control system used by military commissaries and exchanges so that the system may recognize and accept veteran health identification cards.

(e) Sense of Congress regarding individuals awarded the Purple Heart.—It is the sense of Congress that the Secretary of Defense, in coordination with the Secretary of Veterans Affairs, should maintain a list of all individuals awarded the Purple Heart.

TITLE VIIHealth Care Provisions

subtitle ATRICARE and Other Health Care Benefits

SEC. 701. TRICARE Medicare Advantage demonstration program.

(a) Establishment.—

(1) IN GENERAL.—Not later than 2 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 2 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 1 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 3 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.

SEC. 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, universities, and institutions that—

(1) provide health care to members of the Armed Forces;

(2) provide evidence-based treatment for psychological and neurological conditions that are common among members of the Armed Forces, including post-traumatic stress disorder, traumatic brain injury, substance abuse, and depression;

(3) provide health care, support, and other benefits to family members of members of the Armed Forces; and

(4) provide health care under the TRICARE program (as that term is defined in section 1072 of title 10, United States Code).

(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.

SEC. 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 1-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.

SEC. 704. Mental health assessments for members of the Armed Forces deployed in support of a contingency operation.

Section 1074m(a)(1)(B) of title 10, United States Code, is amended by striking “Until January 1, 2019, once” and inserting “Once”.

SEC. 705. Counseling and treatment for substance use disorders and chronic pain management services for members who separate from the Armed Forces.

Section 1145(a)(6)(B)(i) of title 10, United States Code, is amended—

(1) in subclause (I)—

(A) by inserting “, substance use disorder,” after “post-traumatic stress disorder”; and

(B) by striking “and” at the end;

(2) by redesignating subclause (II) as subclause (III); and

(3) by inserting after subclause (I) the following:

subtitle BHealth Care Administration

SEC. 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.

“(iv) A description of the methodology and criteria used by the Secretary to make decisions to close any military medical treatment facility or limit the health services provided by a military medical treatment facility, including input from the affected military department.

“(C) Not later than January 31, 2019, and every 6 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)”.

SEC. 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)”.

SEC. 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”.

SEC. 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”.

SEC. 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 1 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).

SEC. 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).

SEC. 717. Burn patient transfer system.

The Secretary of Defense may develop a burn patient transfer system, including any required hardware and software, that would provide a platform for reporting immediate and surge bed availability and that would electronically match patient acuity with open beds at other military and civilian burn centers.

SEC. 718. Report on MHS Genesis electronic health record system.

Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report outlining the corrective actions that were taken based on the results of the Initial Operational Test and Evaluation Report prior to fielding the electronic health record system known as MHS Genesis to additional military medical treatment facilities beyond such facilities participating in the initial operational testing and evaluation of MHS Genesis.

subtitle CReports and other Matters

SEC. 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.”.

SEC. 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).”.

SEC. 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”.

SEC. 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.

SEC. 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.

SEC. 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 Medical 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 Medical 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.

SEC. 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.

SEC. 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).

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.

(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 1 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.

SEC. 730. Study on the treatment of TRICARE beneficiaries who are residents of Puerto Rico.

(a) Study.—The Secretary of Defense, and with respect to members of the Coast Guard, in coordination with the Secretary of the Department in which the Coast Guard is operating when it is not operating as a service in the Navy, shall conduct a study on the feasibility and effect of extending the eligibility to enroll in, and the coverage of, TRICARE Prime to members of the Armed Forces and covered beneficiaries who reside in Puerto Rico to the same degree that a covered beneficiary who resides in any of the several States may enroll in TRICARE Prime.

(b) Elements.—The study under subsection (a) shall address the following:

(1) The requirements, as of the date of the study, for a covered beneficiary to be eligible to enroll in the TRICARE program in Puerto Rico.

(2) The number of—

(A) covered beneficiaries who are enrolled in the TRICARE program who reside in Puerto Rico; and

(B) such covered beneficiaries who would potentially enroll in TRICARE Prime if the Secretary extends TRICARE Prime as described in subsection (a).

(3) The demographic distribution of covered beneficiaries who reside in Puerto Rico.

(4) The access of such covered beneficiaries to health care networks, including trauma care centers, as of the date of the study.

(5) The quality of such health care networks.

(6) The costs and timeline requirements for extending TRICARE Prime as described in subsection (a).

(7) The feasibility of using medical resources of the Department of Defense to cover gaps in service availability in Puerto Rico if such extension does not occur.

(c) Submission.—Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the study under subsection (a).

(d) Definitions.—In this section, the terms “covered beneficiary”, “TRICARE Prime”, and “TRICARE program” have the meanings given those terms in section 1072 of title 10, United States Code.

SEC. 731. Study on health effects relating to activity of the Armed Forces on Vieques.

Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the congressional defense committees a report containing a study of the health effects of the live-fire training at Vieques Naval Training Range conducted by the Navy before 2002 and other activities of the Armed Forces on the island of Vieques, Puerto Rico. The study shall include a comprehensive analysis of the following:

(1) The immediate health effects of such training and activity on the residents of Vieques.

(2) The long-term health effects of such training and activity on the residents of Vieques.

(3) The potential ongoing health effects caused by any contamination relating to such training and activity.

SEC. 732. Strategy to recruit and retain mental health providers.

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that—

(1) describes the shortage of mental health providers of the Department of Defense;

(2) explains the reasons for such shortage;

(3) explains the effect of such shortage on members of the Armed Forces; and

(4) contains a strategy to better recruit and retain mental health providers, including with respect to psychiatrists, psychologists, mental health nurse practitioners, licensed social workers, and other licensed providers of the military health system.

SEC. 733. Study on earning by special operations forces medics of credits towards a physician assistant degree.

(a) Study.—The Secretary of Defense shall conduct a study to assess the feasibility and advisability of establishing partnerships between special operations forces and institutions of higher education, and health care systems if determined appropriate by the Secretary, through which special operations forces medics earn credit toward the master's degree of physician assistant for military operational work and training performed by the medics.

(b) Elements.—The study under subsection (a) shall include the following:

(1) The feasibility with respect to establishing partnerships described in subsection (a) that permit medics to conduct clinical training at medical facilities of the Department of Defense and the civilian sector in order to meet the increasing demand for highly trained health care providers at such facilities.

(2) How partnerships described in subsection (a) will ensure that the evaluation of work and training performed by medics for which credits are earned comply with civilian clinical evaluation standards applicable to the awarding of master's degrees of physician assistant.

(3) How the Secretary can leverage the physician assistant program at the Uniformed Services University to coordinate such partnerships and assist with credits.

(c) Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representative a report on the study under subsection (a).

SEC. 734. Study of drug shortages and impact on members of the Armed Forces.

(a) Congressional findings.—The Congress finds the following:

(1) Shortages of critical medical drugs used for surgery and emergency care have increased significantly during 2017 and 2018.

(2) Reports from physicians have identified critical drugs such as dilaudid, bupivacaine, morphine, and epinephrine as important commonly needed drugs in shortage.

(3) Health care providers for the Armed Forces use the same drugs as civilian health care providers and are experiencing similar shortages in surgical facilities.

(4) Such shortages could compromise the quality of care available to members of the Armed Forces.

(b) Study.—The Secretary of Defense shall conduct a study of shortages of drugs used in the surgical and emergency settings of military facilities—

(1) to determine if the quality or safety of military health care has been compromised by such shortages;

(2) to identify and examine supply chain issues related to the availability of drugs used for surgery and emergency care; and

(3) to identify and examine the impact of shortages on care for military patients.

(c) Consultation.—In conducting the study under subsection (b), the Secretary shall consult with the Commissioner of Food and Drugs, the Administrator of the Drug Enforcement Administration, and such other stakeholders as the Secretary considers relevant to the study, including physician organizations and drug manufacturers.

(d) Report.—Not later than the expiration of the 12-month period beginning on the date of the enactment of this Act, the Secretary shall submit a report to the Congress describing the study under this section and setting forth any conclusions and recommendations resulting from the study.

SEC. 735. Provision of information to Department of Veterans Affairs regarding MHS Genesis electronic health record system.

The Secretary of Defense shall transmit to the Secretary of Veterans Affairs a report detailing lessons learned by the Secretary of Defense with respect to successfully remediating concerns found during the initial operational testing and evaluation of the electronic health record system known as MHS Genesis.

SEC. 736. Report regarding opioid prevention and treatment for dependents of members of the Armed Forces.

The Secretary of Defense shall prepare and submit a report to congressional defense committees regarding the actions the Department of Defense is taking to prevent and treat opioid use among the dependents of members of the Armed Forces. Such report shall include how information is shared between military medical treatment facilities across the country, what counseling services are available to dependents and how such services are publicized, and a plan for intervention strategies to prevent opioid use and abuse.

SEC. 737. Monitoring Medication Prescribing Practices for the Treatment of Post-Traumatic Stress Disorder.

(a) Report.—

(1) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and Senate a report on the practices for prescribing medication during the period beginning January 1, 2012, and ending December 31, 2017, that were inconsistent with the post-traumatic stress disorder medication guidelines developed by the Department of Defense and the Veterans Health Administration.

(2) CONTENTS.—The report under this subsection shall include the following:

(A) A summary of the Army’s, the Navy’s, and the Air Force’s practices for prescribing medication during the period referred to in paragraph (1) that were inconsistent with the post-traumatic stress disorder medication guidelines developed by the Department of Defense and the Veterans Health Administration.

(B) Identification of medical centers serving members of the Armed Forces found to having higher than average incidences of prescribing medication during the period referred to in paragraph (1) that were inconsistent with the post-traumatic stress disorder guidelines.

(C) A plan for such medical centers to reduce the prescribing of medications that are inconsistent with the post-traumatic stress disorder guidelines.

(D) A plan for ongoing monitoring of medical centers found to have higher than average incidences of prescribing medication that were inconsistent with the post-traumatic stress disorder guidelines by the Department of Defense and the Veterans Health Administration.

(b) Monitoring Program.—Based on the findings of the report under subsection (a), the Secretaries of the Army, the Navy, and the Air Force shall each establish a monitoring program carried out with respect to such branch of the Armed Forces shall provide as follows:

(1) The monitoring program shall provide for the conduct of periodic reviews, beginning October 1, 2019, of medication prescribing practices of its own providers.

(2) The monitoring program shall provide for regular reports, beginning October 1, 2020, to the Department of Defense and the Veterans Health Administration, of the results of the periodic reviews pursuant to paragraph (1) of this subsection.

(3) The monitoring program shall establish internal procedures, not later than October 1, 2020, to address practices for prescribing medication that are inconsistent with the post-traumatic stress disorder medication guidelines developed Department of Defense and the Veterans Health Administration.

SEC. 738. Pilot program on mindfulness-based stress reduction in pre-deployment training.

(a) Pilot program.—The Secretary of Defense, in consultation with the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, shall carry out a pilot program under which the Secretary provides mindfulness-based stress reduction training to members of the Armed Forces before their deployment to a combat theater of operations.

(b) Study and report.—The Secretary of Defense shall study and submit to Congress a report on the effectiveness of training under the pilot program, including the effect of the training on—

(1) managing stress; and

(2) preventing post-traumatic stress disorder.

SEC. 739. Study on requirement for certain former members of the Armed Forces to enroll in Medicare Part B to be eligible for TRICARE for Life.

(a) Study.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, the Secretary of Health and Human Services, and the Commissioner of Social Security shall jointly submit to the Committees on Armed Services of the House of Representatives and the Senate, the Committee on Ways and Means of the House of Representatives, and the Committee on Finance of the Senate a report on the requirement that a covered individual enroll in the supplementary medical insurance program under part B of title XVIII of the Social Security Act (42 U.S.C. 1395j et seq.) in order to be eligible for TRICARE for Life.

(b) Matters included.—The study under subsection (a) shall include the following:

(1) An analysis of whether the requirement described in such subsection affects covered individuals from returning to work.

(2) The number of individuals who—

(A) are retired from the Armed Forces under chapter 61 of title 10, United States Code;

(B) are entitled to hospital insurance benefits under part A of title XVIII of the Social Security Act pursuant to receiving benefits for 24 months as described in subparagraph (A) or (C) of section 226(b)(2) of such Act (42 U.S.C. 426(b)(2)); and

(C) because of such entitlement, are no longer enrolled in TRICARE Standard, TRICARE Prime, TRICARE Extra, or TRICARE Select.

(3) The number of covered individuals who would potentially enroll in TRICARE for Life but not enroll in the supplementary medical insurance program under part B of title XVIII of the Social Security Act (42 U.S.C. 1395j et seq.) if able.

(c) Definitions.—In this section:

(1) The term “covered individual” means an individual—

(A) who is under 65 years of age;

(B) who is entitled to hospital insurance benefits under part A of title XVIII of the Social Security Act pursuant to subparagraph (A) or (C) of section 226(b)(2) of such Act (42 U.S.C. 426(b)(2));

(C) whose entitlement to a benefit described in subparagraph (A) of such section has terminated due to performance of substantial gainful activity; and

(D) who is retired under chapter 61 of title 10, United States Code.

(2) The terms “TRICARE for Life”, “TRICARE Extra”, “TRICARE Standard”, “TRICARE Select”, and “TRICARE Prime” have the meanings given those terms in section 1072 of title 10, United States Code.

TITLE VIIIAcquisition policy, acquisition management, and related matters

subtitle AStreamlining of defense acquisition statutes and regulations

SEC. 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.

PART IConsolidation 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.

(a) In general.—Subtitle A of title 10, United States Code, is amended by adding at the end the following new part:

“PART VAcquisition




“subpart AGeneral

“CHAPTER 201DEFINITIONS

“SEC. 3001. [Reserved].

[Reserved]

“CHAPTER 203GENERAL MATTERS

“SEC. 3021. [Reserved].

[Reserved]

“CHAPTER 205DEFENSE ACQUISITION SYSTEM

“SEC. 3051. [Reserved].

[Reserved]

“CHAPTER 207BUDGETING AND APPROPRIATIONS MATTERS

“SEC. 3101. [Reserved].

[Reserved]

“CHAPTER 209OVERSEAS CONTINGENCY OPERATIONS

“SEC. 3151. [Reserved].

[Reserved]

“subpart BAcquisition Planning

“CHAPTER 221PLANNING AND SOLICITATION GENERALLY

“SEC. 3201. [Reserved].

[Reserved]

“CHAPTER 223PLANNING AND SOLICITATION RELATING TO PARTICULAR ITEMS OR SERVICES

“SEC. 3251. [Reserved].

[Reserved]

“subpart CContracting Methods and Contract Types

“CHAPTER 241AWARDING OF CONTRACTS

“SEC. 3301. [Reserved].

[Reserved]

“CHAPTER 243SPECIFIC TYPES OF CONTRACTS

“SEC. 3351. [Reserved].

[Reserved]

“CHAPTER 245TASK AND DELIVERY ORDER CONTRACTS (MULTIPLE AWARD CONTRACTS)

“SEC. 3401. [Reserved].

[Reserved]

“CHAPTER 247ACQUISITION OF COMMERCIAL ITEMS

“SEC. 3451. [Reserved].

[Reserved]

“CHAPTER 249MULTIYEAR CONTRACTS

“SEC. 3501. [Reserved].

[Reserved]

“CHAPTER 251SIMPLIFIED ACQUISITION PROCEDURES

“SEC. 3551. [Reserved].

[Reserved]

“CHAPTER 253EMERGENCY AND RAPID ACQUISITIONS

“SEC. 3601. [Reserved].

[Reserved]

“CHAPTER 255CONTRACTING WITH OR THROUGH OTHER AGENCIES

“SEC. 3651. [Reserved].

[Reserved]

“subpart DGeneral Contracting Requirements

“CHAPTER 271TRUTHFUL COST OR PRICING DATA

“SEC. 3701. [Reserved].

[Reserved]

“CHAPTER 273ALLOWABLE COSTS

“SEC. 3741. [Reserved].

[Reserved]

“CHAPTER 275PROPRIETARY CONTRACTOR DATA AND TECHNICAL DATA

“SEC. 3771. [Reserved].

[Reserved]

“CHAPTER 277CONTRACT FINANCING

“SEC. 3801. [Reserved].

[Reserved]

“CHAPTER 279CONTRACTOR AUDITS AND ACCOUNTING

“SEC. 3841. [Reserved].

[Reserved]

“CHAPTER 281CLAIMS AND DISPUTES

“SEC. 3861. [Reserved].

[Reserved]

“CHAPTER 283FOREIGN ACQUISITIONS

“SEC. 3881. [Reserved].

[Reserved]

“CHAPTER 285SMALL BUSINESS PROGRAMS

“SEC. 3901. [Reserved].

[Reserved]

“CHAPTER 287SOCIOECONOMIC PROGRAMS

“SEC. 3961. [Reserved].

[Reserved]

“subpart ESpecial Categories of Contracting: Major Defense Acquisition Programs and Major Systems

“CHAPTER 301MAJOR DEFENSE ACQUISITION PROGRAMS

“SEC. 4001. [Reserved].

[Reserved]

“CHAPTER 303WEAPON SYSTEMS DEVELOPMENT AND RELATED MATTERS

“SEC. 4071. [Reserved].

[Reserved]

“CHAPTER 305OTHER MATTERS RELATING TO MAJOR SYSTEMS

“SEC. 4121. [Reserved].

[Reserved]

“subpart FSpecial Categories of Contracting: Research, Development, Test, and Evaluation

“CHAPTER 321RESEARCH AND DEVELOPMENT GENERALLY

“SEC. 4201. [Reserved].

[Reserved]

“CHAPTER 323INNOVATION

“SEC. 4301. [Reserved].

[Reserved]

“CHAPTER 325DEPARTMENT OF DEFENSE LABORATORIES

“SEC. 4351. [Reserved].

[Reserved]

“CHAPTER 327RESEARCH AND DEVELOPMENT CENTERS AND FACILITIES

“SEC. 4401. [Reserved].

[Reserved]

“CHAPTER 329OPERATIONAL TEST AND EVALUATION; DEVELOPMENTAL TEST AND EVALUATION

“SEC. 4451. [Reserved].

[Reserved]

“subpart GOther Special Categories Of Contracting

“CHAPTER 341CONTRACTING FOR PERFORMANCE OF CIVILIAN COMMERCIAL OR INDUSTRIAL TYPE FUNCTIONS

“SEC. 4501. [Reserved].

[Reserved]

“CHAPTER 343ACQUISITION OF SERVICES

“SEC. 4541. [Reserved].

[Reserved]

“CHAPTER 345ACQUISITION OF INFORMATION TECHNOLOGY

“SEC. 4571. [Reserved].

[Reserved]

“subpart HContract Management

“CHAPTER 361CONTRACT ADMINISTRATION

“SEC. 4601. [Reserved].

[Reserved]

“CHAPTER 363PROHIBITIONS AND PENALTIES

“SEC. 4651. [Reserved].

[Reserved]

“CHAPTER 365CONTRACTOR WORKFORCE

“SEC. 4701. [Reserved].

[Reserved]

“CHAPTER 367OTHER ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

“SEC. 4751. [Reserved].

[Reserved]

“subpart IDefense Industrial Base

“CHAPTER 381DEFENSE INDUSTRIAL BASE GENERALLY

“SEC. 4801. [Reserved].

[Reserved]

“CHAPTER 383LOAN GUARANTEE PROGRAMS

“SEC. 4861. [Reserved].

[Reserved]

“CHAPTER 385PROCUREMENT TECHNICAL ASSISTANCE COOPERATIVE AGREEMENT PROGRAM

“SEC. 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:

“PART VACQUISITION




PART IIRedesignation 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.

(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.

SEC. 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:


Section Redesignated Section
6011 8211
6012 8212
6013 8213
6014 8214
6019 8215
6021 8216
6022 8217
6024 8218
6027 8219
6029 8220
6031 8221
6032 8222
6035 8225
6036 8226

(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:


Section Redesignated Section
6141 8261
6151 8262
6152 8263
6153 8264
6154 8265
6155 8266
6156 8267
6160 8270
6161 8271

(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:


Section Redesignated Section
7541 8761
7541a 8761a
7541b 8761b
7542 8762
7543 8763
7544 8764
7545 8745
7546 8746
7577 8747

(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.

SEC. 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.

SEC. 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.

PART IIIRepeals 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.

(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.

(m) Submission of notice and plan to Congress.—Not later than 30 days before reorganizing, restructuring, or eliminating any position or office specified in this section, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives notice of such reorganization, restructuring, or elimination together with a plan to ensure that mission requirements are met and appropriate oversight is conducted in carrying out such reorganization, restructuring, or elimination. Such plan shall address how user needs will be met and how associated roles and responsibilities will be accomplished for each position or office that the Secretary determines requiring reorganization, restructuring, or elimination.

SEC. 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 Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2304a note).

(26) Section 834 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 2304b note).

(27) Section 803 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105–261; 10 U.S.C. 2306a note).

(28) Section 1075 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103–337; 10 U.S.C. 2315 note).

(29) Section 824(a) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2320 note).

(30) Section 818 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103–337; 10 U.S.C. 2324 note).

(31) Section 812 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2326 note).

(32) Sections 908(a), (b), (c), and (e) of Public Laws 99–500, 99–591, and 99–661 (10 U.S.C. 2326 note).

(33) Section 882 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2330 note).

(34) Section 807 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 2330 note).

(35) Section 805 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2330 note).

(36) Section 808 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2330 note).

(37) Section 812(b)–(c) of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 10 U.S.C. 2330 note).

(38) Section 801(d)–(f) of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107–107; 10 U.S.C. 2330 note).

(39) Section 802 of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107–107; 10 U.S.C. 2330 note).

(40) Section 831 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 2330a note).

(41) Section 1032 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 2358 note).

(42) Section 241 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 2358 note).

(43) Section 606 of Public Law 92–436 (10 U.S.C. 2358 note).

(44) Section 913(b) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; 10 U.S.C. 2364 note).

(45) Sections 234(a) and (b) of the National Defense Authorization Act for Fiscal Year 1987 (Public Law 99–661; 10 U.S.C. 2364 note).

(46) Section 943(b) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2366a note).

(47) Section 801 of the National Defense Authorization Act for Fiscal Year 1990 (Public Law 101–189; 10 U.S.C. 2399 note).

(48) Section 8133 of the Department of Defense Appropriations Act, 2000 (Public Law 106–79; 10 U.S.C. 2401a note).

(49) Section 807(b) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 2410p note).

(50) Section 825(c)(1)–(2) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2430 note).

(51) Section 1058 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. 2430 note).

(52) Section 837 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 2430 note).

(53) Section 838 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 2430 note).

(54) Section 809 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 2430 note).

(55) Section 833 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 2430 note).

(56) Section 839 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 2430 note).

(57) Section 819 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103–337; 10 U.S.C. 2430 note).

(58) Section 5064 of the Federal Acquisition Streamlining Act of 1994 (Public Law 103–355; 10 U.S.C. 2430 note).

(59) Section 803 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104–201; 10 U.S.C. 2430 note).

(60) Section 1215 of the Department of Defense Authorization Act, 1984 (Public Law 98–94; 10 U.S.C. 2452 note).

(61) Section 328 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2458 note).

(62) Section 347 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105–261; 10 U.S.C. 2458 note).

(63) Section 349 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105–261; 10 U.S.C. 2458 note).

(64) Section 395 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85; 10 U.S.C. 2458 note).

(65) Section 352 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106; 10 U.S.C. 2458 note).

(66) Section 325 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 10 U.S.C. 2461 note).

(67) Section 336 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 2461 note).

(68) Section 353(a) of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106; 10 U.S.C. 2461 note).

(69) Section 353(b) of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106; 10 U.S.C. 2461 note).

(70) Section 356 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106; 10 U.S.C. 2461 note).

(71) Section 1010 of the USA Patriot Act of 2001 (Public Law 107–56; 10 U.S.C. 2465 note).

(72) Section 4101 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 10 U.S.C. 2500 note).

(73) Section 852 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 2504 note).

(74) Section 823 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 2521 note).

(75) Section 823 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2533b note).

(76) Section 804(h) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2533b note).

(77) Section 842(b) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 2533b note).

(78) Section 343 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 10 U.S.C. 4551 note).

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

(a) Amendments to title 10, United States Code.—Title 10, United States Code, is amended as follows:

(1) SECTION 118A.—Section 118a is amended by striking subsection (d).

(2) SECTION 1116.—Section 1116 is amended by striking subsection (d).

(3) SECTION 2275.—

(A) REPEAL.—Section 2275 is repealed.

(B) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 135 is amended by striking the item relating to section 2275.

(4) SECTION 2276.—Section 2276 is amended by striking subsection (e).

(5) SECTION 10543.—

(A) REPEAL.—Section 10543 is repealed.

(B) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 1013 is amended by striking the item relating to section 10543.

(b) NDAA for FY 2007.—Section 122 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2104), as amended by section 121 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 691), is amended by striking subsection (d).

(c) NDAA for FY 2008.—The National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181) is amended—

(1) in section 911(f) (10 U.S.C. 2271 note)—

(A) in the subsection heading, by striking “; biennial update”;

(B) in paragraph (3), by striking “, and each update required by paragraph (2),”; and

(C) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); and

(2) in section 1107 (10 U.S.C. 2358 note)—

(A) in subsection (c), by striking “demonstration laboratory” and inserting “laboratory designated by the Secretary of Defense under the provisions of section 342(b) of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 2721)”; and

(B) by striking subsections (d) and (e).

(d) NDAA for FY 2009.—Section 1047(d) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 2366b note) is amended—

(1) in the subsection heading, by striking “bandwidth” and all that follows through “The Secretary” and inserting “bandwidth requirements.—The Secretary”; and

(2) by striking paragraph (2).

(e) NDAA for FY 2010.—Section 1244 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 22 U.S.C. 1928 note) is amended by striking subsection (d).

(f) NDAA for FY 2011.—Section 1217 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 22 U.S.C. 7513 note) is amended by striking subsection (i).

(g) NDAA for FY 2013.—The National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239) is amended—

(1) in section 524 (126 Stat. 1723; 10 U.S.C. 1222 note) by striking subsection (c); and

(2) in section 904(h) (10 U.S.C. 133 note)—

(A) by striking “Reports To Congress” and all that follows through “(3) Additional congressional notification.—” and inserting “Congressional notification.—”; and

(B) by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Research and Engineering”.

(h) NDAA for FY 2015.—Section 1026(d) of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3490) is repealed.

(i) Military Construction Authorization Act, 1982.—Section 703 of the Military Construction Authorization Act, 1982 (Public Law 97–99; 95 Stat. 1376) is amended by striking subsection (g).

(j) Conforming amendments.—

(1) NDAA FOR FY 2017.—Section 1061 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 111 note) is amended—

(A) in subsection (c), by striking paragraphs (3), (28), (40), (41), and (63);

(B) in subsection (d), by striking paragraph (3);

(C) in subsection (f), by striking paragraphs (1) and (2);

(D) in subsection (g), by striking paragraph (3);

(E) in subsection (h), by striking paragraph (3); and

(F) in subsection (i), by striking paragraphs (17), (19), and (24).

(2) NDAA FOR FY 2000.—Section 1031 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 749; 31 U.S.C. 1113 note) is amended by striking paragraph (32).

subtitle BAmendments to General Contracting Authorities, Procedures, and Limitations

SEC. 821. Contract goal for the AbilityOne program.

(a) Contract goal for the AbilityOne program.—Chapter 137 of title 10, United States Code, is amended by inserting after section 2323a the following new section:

§ 2323b. Contract goal for the AbilityOne program

“(a) Goal.—The Secretary of Defense shall establish a goal for each fiscal year for the procurement of products and services from the procurement list established pursuant to section 8503 of title 41 of an amount equal to 1.5 percent of the total amount of funds obligated for contracts entered into with the Department of Defense in such fiscal year for procurement.

“(b) Annual report.—At the conclusion of each fiscal year, the Secretary of Defense shall submit to the Committee for Purchase From People Who Are Blind or Severely Disabled (established under section 8502 of title 41) a report on the progress toward attaining the goal established under subsection (a) with respect to such fiscal year. The report shall include—

“(1) if the goal was not achieved, a plan to achieve the goal in the next fiscal year; and

“(2) if the goal was achieved, a strategy to exceed the goal in the next fiscal year.”.

(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2323a the following new item:


“2323b. Contract goal for the AbilityOne program.”.

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

(a) In general.—Section 2338 of title 10, United States Code, is amended—

(1) by striking “Notwithstanding subsection (a) of section 1902 of title 41, the” and inserting “The”; and

(2) by striking “$5,000” and inserting “$10,000”.

(b) Conforming amendments.—

(1) REPEAL OF MICRO-PURCHASE THRESHOLD FOR CERTAIN DEPARTMENT OF DEFENSE ACTIVITIES.—

(A) IN GENERAL.—Section 2339 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 2339.

(2) MICRO-PURCHASE THRESHOLD FOR NON-DEPARTMENT OF DEFENSE PURCHASES.—Section 1902(a)(1) of title 41, United States Code, is amended by striking “sections 2338 and 2339 of title 10 and”.

SEC. 823. Preference for offerors employing veterans.

(a) In general.—Chapter 137 of title 10, United States Code, is amended by adding at the end the following new section:

§ 2339a. Preference for offerors employing veterans

“(a) Preference.—In awarding a contract for the procurement of goods or services for the Department of Defense, the head of an agency may establish a preference for offerors that employ veterans on a full-time basis. The Secretary of Defense shall determine the criteria for use of such preference.

“(b) Congressional notification.—Prior to establishing the preference described in subsection (a), the Secretary of Defense shall provide a briefing to the Committee on Armed Services of the House of Representatives on—

“(1) a plan for implementing such preference, including—

“(A) penalties for an offeror that willfully and intentionally misrepresents the veteran status of the employees of the offeror in a bid submitted under subsection (a); and

“(B) reporting on use of such preference; and

“(2) the process for assessing and verifying offeror compliance with regulations relating to equal opportunity for veterans requirements.”.

(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2339 the following new item:


“2339a. Preference for offerors employing veterans.”.

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

Section 2329(b) of title 10, United States Code, is amended—

(1) by striking “October 1, 2022” and inserting “October 1, 2020”; and

(2) in paragraph (1)—

(A) by striking “at or about” and inserting “at or before”; and

(B) by inserting “or on the date on which the future-years defense program is submitted to Congress under section 221 of this title” after “title 31”;

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

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

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

“(5) be included in the future-years defense program submitted to Congress under section 221 of this title.”.

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

Section 2330a of title 10, United States Code, is amended—

(1) in subsection (a)—

(A) by striking “$3,000,000” and inserting “the simplified acquisition threshold”;

(B) by striking “in the following service acquisition portfolio groups:” and inserting “in any service acquisition portfolio group.”; and

(C) by striking paragraphs (1) through (4);

(2) in subsection (c)(1)—

(A) by striking “staff augmentation contracts” and inserting “services contracts”; and

(B) by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” each place it appears and inserting “Under Secretary of Defense for Acquisition and Sustainment”; and

(3) in subsection (h)—

(A) by striking paragraph (6); and

(B) by redesignating paragraphs (7) and (8) as paragraphs (6) and (7), respectively.

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

(a) Competition requirements for purchases from Federal Prison Industries.—Subsections (a) and (b) of section 2410n of title 10, United States Code, are amended to read as follows:

“(a) Market research.—Before purchasing a product listed in the latest edition of the Federal Prison Industries catalog published under section 4124(d) of title 18, the Secretary of Defense shall conduct market research to determine whether such product—

“(1) is comparable to products available from the private sector; and

“(2) best meets the needs of the Department of Defense in terms of price, quality, and time of delivery.

“(b) Competition requirement.—If the Secretary determines that a Federal Prison Industries product is not comparable to products available from the private sector and does not best meet the needs of the Department of Defense in terms of price, quality, or time of delivery pursuant to subsection (a), the Secretary shall use competitive procedures or make an individual purchase under a multiple award contract for the procurement of the product. In conducting such a competition or making such a purchase, the Secretary shall consider a timely offer from Federal Prison Industries.”.

(b) Effective date.—The amendment made by subsection (a) shall take effect 60 days after the date of the enactment of this Act.

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

Section 2439 of title 10, United States Code, is amended—

(1) by inserting “, to the maximum extent practicable,” after “shall ensure”; and

(2) by inserting “fair and reasonable” after “negotiates a”.

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

(a) Revisions in authority relating to program cost and fielding targets.—Section 2448a of title 10, United States Code, is amended—

(1) in subsection (a), by striking “the Secretary of Defense” and inserting “the appropriate Secretary”;

(2) by striking subsection (b); and

(3) by redesignating subsection (c) as subsection (b) and adding at the end of that subsection the following new paragraph:

“(3) The term ‘appropriate Secretary’, with respect to a major defense acquisition program, means—

“(A) the Secretary of the military department that is managing the program; or

“(B) in the case of a program for which an alternate milestone decision authority is designated under section 2430(d)(2) of this title, the Secretary of Defense.”.

(b) Conforming amendments.—Such title is further amended—

(1) in section 2366a(c)(1)(A) by striking “by the Secretary of Defense”; and

(2) in section 2366b—

(A) in subsection (a)(3)(D), by striking “Secretary of Defense” and inserting “appropriate Secretary (as defined in such section 2448a)”; and

(B) in subsection (c)(1)(A), by striking “by the Secretary of Defense”.

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

Section 804(b)(2) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2302 note) is amended by striking “complete fielding within five years” and inserting “complete low-rate initial production (as described under section 2400 of title 10, United States Code) within five years”.

SEC. 830. Clarification of services contracting definitions.

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Defense Federal Acquisition Regulation Supplement to clarify the definitions of and relationships between terms related to services contracts, including the appropriate use of personal services contracts and nonpersonal services contracts, and the responsibilities of individuals in the acquisition workforce with respect to such contracts.

subtitle CProvisions Relating to Commercial Items

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

(a) Definitions in chapter 1 of title 41, United States Code.—

(1) SEPARATION OF commercial item DEFINITION INTO DEFINITIONS OF commercial product AND commercial service.—Chapter 1 of title 41, United States Code, is amended by striking section 103 and inserting the following new sections:

§ 103. Commercial product

“In this subtitle, the term ‘commercial product’ means any of the following:

“(1) A product, other than real property, that—

“(A) is of a type customarily used by the general public or by nongovernmental entities for purposes other than governmental purposes; and

“(B) has been sold, leased, or licensed, or offered for sale, lease, or license, to the general public.

“(2) A product that—

“(A) evolved from a product described in paragraph (1) through advances in technology or performance; and

“(B) is not yet available in the commercial marketplace but will be available in the commercial marketplace in time to satisfy the delivery requirements under a Federal Government solicitation.

“(3) A product that would satisfy the criteria in paragraph (1) or (2) were it not for—

“(A) modifications of a type customarily available in the commercial marketplace; or

“(B) minor modifications made to meet Federal Government requirements.

“(4) Any combination of products meeting the requirements of paragraph (1), (2), or (3) that are of a type customarily combined and sold in combination to the general public.

“(5) A product, or combination of products, referred to in paragraphs (1) through (4), even though the product, or combination of products, is transferred between or among separate divisions, subsidiaries, or affiliates of a contractor.

“(6) A nondevelopmental item if the procuring agency determines, in accordance with conditions in the Federal Acquisition Regulation, that—

“(A) the product was developed exclusively at private expense; and

“(B) has been sold in substantial quantities, on a competitive basis, to multiple State and local governments or to multiple foreign governments.

§ 103a. Commercial service

“In this subtitle, the term ‘commercial service’ means any of the following:

“(1) Installation services, maintenance services, repair services, training services, and other services if—

“(A) those services are procured for support of a commercial product, regardless of whether the services are provided by the same source or at the same time as the commercial product; and

“(B) the source of the services provides similar services contemporaneously to the general public under terms and conditions similar to those offered to the Federal Government;

“(2) Services of a type offered and sold competitively, in substantial quantities, in the commercial marketplace—

“(A) based on established catalog or market prices;

“(B) for specific tasks performed or specific outcomes to be achieved; and

“(C) under standard commercial terms and conditions.

“(3) A service described in paragraph (1) or (2), even though the service is transferred between or among separate divisions, subsidiaries, or affiliates of a contractor.”.

(2) CONFORMING AMENDMENTS TO TITLE 41 DEFINITIONS.—

(A) DEFINITION OF COMMERCIAL COMPONENT.—Section 102 of such title is amended by striking “commercial item” and inserting “commercial product”.

(B) DEFINITION OF COMMERCIALLY AVAILABLE OFF-THE-SHELF ITEM.—Section 104(1)(A) is amended by striking “commercial item” and inserting “commercial product”.

(C) DEFINITION OF NONDEVELOPMENTAL ITEM.—Section 110(1) of such title is amended by striking “commercial item” and inserting “commercial product”.

(3) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 1 of title 41, United States Code, is amended by striking the item relating to section 103 and inserting the following new items:


“103. Commercial product.

“103a. Commercial service.”.

(b) Conforming amendments to other provisions of title 41, United States Code.—Title 41, United States Code, is further amended as follows:

(1) Section 1502(b) is amended—

(A) in paragraph (1)(A), by striking “commercial items” and inserting “commercial products or commercial services”;

(B) in paragraph (1)(C)(i), by striking “commercial item” and inserting “commercial product or commercial service”; and

(C) in paragraph (3)(A)(i), by striking “commercial items” and inserting “commercial products or commercial services”.

(2) Section 1705(c) is amended by striking “commercial items” and inserting “commercial products and commercial services”.

(3) Section 1708 is amended by striking “commercial items” in subsections (c)(6) and (e)(3) and inserting “commercial products or commercial services”.

(4) Section 1901 is amended—

(A) in subsection (a)(2), by striking “commercial items” and inserting “commercial products or commercial services”; and

(B) in subsection (e)—

(i) by striking “Commercial Items” in the subsection heading and inserting “Commercial Products and Commercial Services”; and

(ii) by striking “commercial items” and inserting “commercial products or commercial services”.

(5) Section 1903(c) is amended—

(A) in the subsection heading, by striking “Commercial Item” and inserting “Commercial Product or Commercial Service”;

(B) in paragraph (1), by striking “as a commercial item” and inserting “as a commercial product or a commercial service”; and

(C) in paragraph (2), by striking “for an item or service treated as a commercial item” and inserting “for a product or service treated as a commercial product or a commercial service”.

(6) (A) Section 1906 is amended by striking “commercial items” each place it appears in subsections (b), (c), and (d) and inserting “commercial products or commercial services”.

(B) (i) The heading of such section is amended to read as follows:

§ 1906. List of laws inapplicable to procurements of commercial products and commercial services”.

(ii) The table of sections at the beginning of chapter 19 is amended by striking the item relating to section 1906 and inserting the following new item:


“1906. List of laws inapplicable to procurements of commercial products and commercial services.”.

(7) Section 3304 is amended by striking “commercial item” in subsections (a)(5) and (e)(4)(B) and inserting “commercial product”.

(8) Section 3305(a)(2) is amended by striking “commercial items” and inserting “commercial products or commercial services”.

(9) Section 3306(b) is amended by striking “commercial items” and inserting “commercial products or commercial services”.

(10) (A) Section 3307 is amended—

(i) in subsection (a)—

(I) by striking “Commercial Items” in the subsection heading and inserting “Commercial Products and Commercial Services”;

(II) in paragraph (1), by striking “commercial items” and inserting “commercial products and commercial services”; and

(III) in paragraph (2), by striking “a commercial item” and inserting “a commercial product or commercial service”;

(ii) in subsection (b)—

(I) in paragraph (2), by striking “commercial items or, to the extent that commercial items suitable to meet the executive agency’s needs are not available, nondevelopmental items other than commercial items” and inserting “commercial services or commercial products or, to the extent that commercial products suitable to meet the executive agency’s needs are not available, nondevelopmental items other than commercial products”; and

(II) in paragraph (3), by striking “commercial items and nondevelopmental items other than commercial items” and inserting “commercial services, commercial products, and nondevelopmental items other than commercial products”;

(iii) in subsection (c)—

(I) in paragraphs (1) and (2), by striking “commercial items or nondevelopmental items other than commercial items” and inserting “commercial services or commercial products or nondevelopmental items other than commercial products”;

(II) in paragraphs (3) and (4), by striking “commercial items or, to the extent that commercial items suitable to meet the executive agency’s needs are not available, nondevelopmental items other than commercial items” and inserting “commercial services or commercial products or, to the extent that commercial products suitable to meet the executive agency’s needs are not available, nondevelopmental items other than commercial products”; and

(III) in paragraphs (5) and (6), by striking “commercial items” and inserting “commercial products and commercial services”;

(iv) in subsection (d)(2), by striking “commercial items or, to the extent that commercial items suitable to meet the executive agency’s needs are not available, nondevelopmental items other than commercial items” and inserting “commercial services or commercial products or, to the extent that commercial products suitable to meet the executive agency’s needs are not available, nondevelopmental items other than commercial products”; and

(v) in subsection (e)—

(I) in paragraph (1), by inserting “103a, 104,” after “sections 102, 103,”;

(II) in paragraph (2)(A), by striking “commercial items” and inserting “commercial products or commercial services”;

(III) in the first sentence of paragraph (2)(B), by striking “commercial end items” and inserting “end items that are commercial products”;

(IV) in paragraphs (2)(B)(i), (2)(C)(i) and (2)(D), by striking “commercial items or commercial components” and inserting “commercial products, commercial components, or commercial services”;

(V) in paragraph (2)(C), in the matter preceding clause (i), by striking “commercial items” and inserting “commercial products or commercial services”;

(VI) in paragraph (4)(A), by striking “commercial items” and inserting “commercial products or commercial services”;

(VII) in paragraph (4)(C)(i), by striking “commercial item, as described in section 103(5)” and inserting “commercial product, as described in section 103a(1)”; and

(VIII) in paragraph (5), by striking “items” each place it appears and inserting “products”.

(B) (i) The heading of such section is amended to read as follows:

§ 3307. Preference for commercial products and commercial services”.

(ii) The table of sections at the beginning of chapter 33 is amended by striking the item relating to section 3307 and inserting the following new item:


“3307. Preference for commercial products and commercial services.”.

(11) Section 3501 is amended—

(A) in subsection (a)—

(i) by striking paragraph (1);

(ii) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; and

(iii) in paragraph (2) (as so redesignated), by striking “commercial items” and inserting “commercial products or commercial services”; and

(B) in subsection (b)—

(i) by striking “item” in the heading for paragraph (1); and

(ii) by striking “commercial items” in paragraphs (1) and (2)(A) and inserting “commercial services”.

(12) Section 3503 is amended—

(A) in subsection (a)(2), by striking “a commercial item” and inserting “a commercial product or a commercial service”; and

(B) in subsection (b)—

(i) by striking “Commercial Items” in the subsection heading and inserting “Commercial Products or Commercial Services”; and

(ii) by striking “a commercial item” each place it appears and inserting “a commercial product or a commercial service”.

(13) Section 3505(b) is amended by striking “commercial items” each place it appears and inserting “commercial products or commercial services”.

(14) Section 3509(b) is amended by striking “commercial items” and inserting “commercial products or commercial services”.

(15) Section 3704(c)(5) is amended by striking “commercial item” and inserting “commercial product”.

(16) Section 3901(b)(3) is amended by striking “commercial items” and inserting “commercial products or commercial services”.

(17) Section 4301(2) is amended by striking “commercial items” and inserting “commercial products or commercial services”.

(18) (A) Section 4505 is amended by striking “commercial items” in subsections (a) and (c) and inserting “commercial products or commercial services”.

(B) (i) The heading of such section is amended to read as follows:

§ 4505. Payments for commercial products and commercial services”.

(ii) The table of sections at the beginning of chapter 45 is amended by striking the item relating to section 4505 and inserting the following new item:


“4505. Payments for commercial products and commercial services.”.

(19) Section 4704(d) is amended by striking “commercial items” both places it appears and inserting “commercial products or commercial services”.

(20) Sections 8102(a)(1), 8703(d)(2), and 8704(b) are amended by striking “commercial items (as defined in section 103 of this title)” and inserting “commercial products or commercial services (as defined in sections 103 and 103a, respectively, of this title)”.

(c) Amendments to chapter 137 of title 10, united states code.—Chapter 137 of title 10, United States Code, is amended as follows:

(1) Section 2302(3) is amended—

(A) by redesignating subparagraphs (J), (K), and (L) as subparagraphs (K), (L), and (M); and

(B) by striking subparagraph (I) and inserting the following new subparagraphs (I) and (J):

“(I) The term ‘commercial product’.

“(J) The term ‘commercial service”.’.”.

(2) Section 2304 is amended—

(A) in subsections (c)(5) and (f)(2)(B), by striking “brand-name commercial item” and inserting “brand-name commercial product”;

(B) in subsection (g)(1)(B), by striking “commercial items” and inserting “commercial products or commercial services”; and

(C) in subsection (i)(3), by striking “commercial items” and inserting “commercial products”.

(3) Section 2305 is amended—

(A) in subsection (a)(2), by striking “commercial items” and inserting “commercial products or commercial services”; and

(B) in subsection (b)(5)(B)(v), by striking “commercial item” and inserting “commercial product”.

(4) Section 2306(b) is amended by striking “commercial items” and inserting “commercial products or commercial services”.

(5) Section 2306a is amended—

(A) in subsection (b)—

(i) in paragraph (1)(B), by striking “a commercial item” and inserting “a commercial product or a commercial service”;

(ii) in paragraph (2)—

(I) by striking “Commercial items” in the paragraph heading and inserting “Commercial products or commercial services”; and

(II) by striking “commercial item” each place it appears and inserting “commercial product or commercial services”;

(iii) in paragraph (3)—

(I) by striking “Commercial items” in the paragraph heading and inserting “Commercial products”; and

(II) by striking “item” each place it appears and inserting “product”; and

(iv) in paragraph (4)—

(I) by striking “Commercial item” in the paragraph heading and inserting “Commercial product or commercial service”;

(II) by striking “commercial item” in subparagraph (A) after “applying the”;

(III) by striking “prior commercial item determination” in subparagraph (A) and inserting “prior commercial product or commercial service determination”;

(IV) by striking “of such item” in subparagraph (A) and inserting “of such product or service”;

(V) by striking “of an item previously determined to be a commercial item” in subparagraph (B) and inserting “of a product or service previously determined to be a commercial product or a commercial service”;

(VI) by striking “of a commercial item,” in subparagraph (B) and inserting “of a commercial product or a commercial service, as the case may be,”;

(VII) by striking “the commercial item determination” in subparagraph (B) and inserting “the commercial product or commercial service determination”; and

(VIII) by striking “commercial item” in subparagraph (C); and

(v) in paragraph (5), by striking “commercial items” and inserting “commercial products or commercial services”;

(B) in subsection (d)(2), by striking “commercial items” each place it appears and inserting “commercial products or commercial services”; and

(C) in subsection (h)—

(i) in paragraph (2), by striking “commercial items” and inserting “commercial products or commercial services”; and

(ii) by striking paragraph (3).

(6) Section 2307(f) is amended—

(A) by striking “Commercial Items” in the subsection heading and inserting “Commercial Products and Commercial Services”; and

(B) by striking “commercial items” in paragraphs (1) and (2) and inserting “commercial products and commercial services”.

(7) Section 2320(b) is amended—

(A) in paragraph (1), by striking “a commercial item, the item” and inserting “a commercial product, the product”; and

(B) in paragraph (9)(A), by striking “any noncommercial item or process” and inserting “any noncommercial product or process”.

(8) Section 2321(f) is amended—

(A) in paragraph (1)—

(i) by striking “commercial items” and inserting “commercial products”; and

(ii) by striking “the item” both places it appears and inserting “commercial products”; and

(B) in paragraph (2)(A), in clauses (i) and (ii), by striking “commercial item” and inserting “commercial product”.

(9) Section 2324(l)(1)(A) is amended by striking “commercial items” and inserting “commercial products or commercial services”.

(10) Section 2335(b) is amended by striking “commercial items” and inserting “commercial products and commercial services”.

(d) Amendments to chapter 140 of title 10, united states code.—Chapter 140 of title 10, United States Code, is amended as follows:

(1) Section 2375 is amended—

(A) in subsection (a), by striking “commercial item” in paragraphs (1) and (2) and inserting “commercial product or commercial service”;

(B) in subsections (b) and (c)—

(i) by striking “Commercial Items” in the subsection heading and inserting “Commercial Products and Commercial Services”; and

(ii) by striking “commercial items” each place it appears and inserting “commercial products and commercial services”; and

(C) in subsection (e)(3), by striking “commercial items” and inserting “commercial products and commercial services”.

(2) Section 2376(1) is amended—

(A) by striking “terms ‘commercial item’,” and inserting “terms ‘commercial product’, ‘commercial service’,”; and

(B) by striking “chapter 1 of title 41” and inserting “sections 103, 103a, 110, 105, and 102, respectively, of title 41”.

(3) Section 2377 is amended—

(A) in subsection (a)—

(i) in paragraph (2), by striking “commercial items or, to the extent that commercial items suitable to meet the agency’s needs are not available, nondevelopmental items other than commercial items” and inserting “commercial services or commercial products or, to the extent that commercial products suitable to meet the agency’s needs are not available, nondevelopmental items other than commercial products”; and

(ii) in paragraph (3), by striking “commercial items and nondevelopmental items other than commercial items” and inserting “commercial services, commercial products, and nondevelopmental items other than commercial products”;

(B) in subsection (b)—

(i) in paragraphs (1) and (2), by striking “commercial items or nondevelopmental items other than commercial items” and inserting “commercial services, commercial products, or nondevelopmental items other than commercial products”;

(ii) in paragraphs (3) and (4), by striking “commercial items or, to the extent that commercial items suitable to meet the agency’s needs are not available, nondevelopmental items other than commercial items” and inserting “commercial services or commercial products or, to the extent that commercial products suitable to meet the agency’s needs are not available, nondevelopmental items other than commercial products”; and

(iii) in paragraphs (5) and (6), by striking “commercial items” and inserting “commercial products and commercial services”;

(C) in subsection (c)—

(i) in paragraph (2), by striking “commercial items or, to the extent that commercial items suitable to meet the agency’s needs are not available, nondevelopmental items other than commercial items” and inserting “commercial services or commercial products or, to the extent that commercial products suitable to meet the agency’s needs are not available, nondevelopmental items other than commercial products”; and

(ii) in paragraph (4), by striking “items other than commercial items” and inserting “products other than commercial products or services other than commercial services”;

(D) in subsection (d)—

(i) in the first sentence, by striking “commercial items” and inserting “commercial products or commercial services”;

(ii) in paragraph (1), by striking “items” and inserting “products or services”; and

(iii) in paragraph (2), by striking “items” and inserting “products or services”; and

(E) in subsection (e)(1), by striking “commercial items” and inserting “commercial products and commercial services”.

(4) Section 2379 is amended—

(A) by striking “Commercial Items” in the headings of subsections (b) and (c) and inserting “Commercial Products”;

(B) in subsections (a)(1)(A), (b)(2), and (c)(1)(B), by striking “, as defined in section 103 of title 41”; and

(C) by striking “commercial item” and “commercial items” each place they appear and inserting “commercial product” and “commercial products”, respectively.

(5) Section 2380 is amended—

(A) in subsection (a), by striking “commercial item determinations” in paragraphs (1) and (2) and inserting “commercial product and commercial service determinations”; and

(B) in subsection (b) (as added by section 848 of the National Defense Authorization Act for Fiscal Year 2018)—

(i) by striking “Item” in the subsection heading;

(ii) by striking “an item” each place it appears and inserting “a product or service”;

(iii) by striking “item” after “using commercial” each place it appears;

(iv) by striking “prior commercial item determination” and inserting “prior commercial product or service determination”;

(v) by striking “such item” and inserting “such product or service”; and

(vi) by striking “the item” both places it appears and inserting “the product or service”.

(6) Section 2380a is amended—

(A) in subsection (a)—

(i) by striking “items and” and inserting “products and”; and

(ii) by striking “commercial items” and inserting “commercial products and commercial services, respectively,”; and

(B) in subsection (b), by striking “commercial items” and inserting “commercial services”.

(7) Section 2380B is amended by striking “commercial item” and inserting “commercial product”.

(8) AMENDMENTS TO HEADINGS, ETC.—

(A) The heading of such chapter is amended to read as follows:

“CHAPTER 140PROCUREMENT OF COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES”.

(B) The heading of section 2375 is amended to read as follows:

§ 2375. Relationship of other provisions of law to procurement of commercial products and commercial services”.

(C) The heading of section 2377 is amended to read as follows:

§ 2377. Preference for commercial products and commercial services”.

(D) The heading of section 2379 is amended to read as follows:

§ 2379. Procurement of a major weapon system as a commercial product: requirement for prior determination by Secretary of Defense and notification to Congress”.

(E) The heading of section 2380 is amended to read as follows:

§ 2380. Commercial product and commercial service determinations by Department of Defense”.

(F) The heading of section 2380a is amended to read as follows:

§ 2380a. Treatment of certain products and services as commercial products and commercial services”.

(G) Section 2380B is redesignated as section 2380b and the heading of that section is amended to read as follows:

§ 2380b. Treatment of commingled items purchased by contractors as commercial products”.

(H) The table of sections at the beginning of such chapter is amended to read as follows:


“2375. Relationship of other provisions of law to procurement of commercial products and commercial services.

“2376. Definitions.

“2377. Preference for commercial products and commercial services.

“2379. Procurement of a major weapon system as a commercial product: requirement for prior determination by Secretary of Defense and notification to Congress.

“2380. Commercial product and commercial service determinations by Department of Defense.

“2380a. Treatment of certain products and services as commercial products and commercial services.

“2380b. Treatment of commingled items purchased by contractors as commercial products.”.

(e) Other amendments to title 10, united states code.—Title 10, United States Code, is further amended as follows:

(1) Section 2226(b) is amended by striking “for services” and all that follows through “deliverable items” and inserting “for services or deliverable items”.

(2) Section 2384(b)(2) is amended by striking “commercial items” and inserting “commercial products”.

(3) Section 2393(d) is amended by striking “commercial items (as defined in section 103 of title 41)” and inserting “commercial products or commercial services (as defined in sections 103 and 103a, respectively, of title 41)”.

(4) Section 2402(d) is amended—

(A) in paragraph (1), by striking “commercial items” both places it appears and inserting “commercial products or commercial services”; and

(B) in paragraph (2), by striking “the term” and all that follows and inserting “the terms ‘commercial product’ and ‘commercial service’ have the meanings given those terms in sections 103 and 103a, respectively, of title 41.”.

(5) Section 2408(a)(4)(B) is amended by striking “commercial items (as defined in section 103 of title 41)” and inserting “commercial products or commercial services (as defined in sections 103 and 103a, respectively, of title 41)”.

(6) Section 2410b(c) is amended by striking “commercial items” and inserting “commercial products”.

(7) Section 2410g(d)(1) is amended by striking “Commercial items (as defined in section 103 of title 41)” and inserting “Commercial products or commercial services (as defined in sections 103 and 103a, respectively, of title 41)”.

(8) Section 2447a is amended—

(A) in subsection (a)(2), by striking “commercial items and technologies” and inserting “commercial products and technologies”; and

(B) in subsection (c), by inserting before the period at the end the following: “and the term ‘commercial product’ has the meaning given that term in section 103 of title 41”.

(9) Section 2451(d) is amended by striking “commercial items” and inserting “commercial products (as defined in section 103 of title 41)”.

(10) Section 2464 is amended—

(A) in subsection (a)—

(i) in paragraph (3), by striking “commercial items” and inserting “commercial products or commercial services”; and

(ii) in paragraph (5), by striking “The commercial items covered by paragraph (3) are commercial items” and inserting “The commercial products or commercial services covered by paragraph (3) are commercial products (as defined in section 103 of title 41) or commercial services (as defined in section 103a of such title)”; and

(B) in subsection (c)—

(i) by striking “Commercial Items” in the subsection heading and inserting “Commercial Products or Commercial Services”; and

(ii) by striking “commercial item” and inserting “commercial product or commercial service”.

(11) Section 2484(f) is amended—

(A) by striking “Commercial Items” in the subsection heading and inserting “Commercial products”; and

(B) by striking “commercial item” and inserting “commercial product”.

(12) The items relating to chapter 140 in the tables of chapters at the beginning of subtitle A, and at the beginning of part IV of subtitle A, are amended to read as follows:




(f) Amendments to provisions of national defense authorization acts.—

(1) Section 806(b) of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102–190; 10 U.S.C. 2302 note) is amended by striking “commercial items (as defined in section 103 of title 41, United States Code)” and inserting “commercial products or commercial services (as defined in sections 103 and 103a, respectively, of title 41, United States Code)”.

(2) Section 821(e) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 10 U.S.C. 2302 note) is amended—

(A) by striking paragraph (2); and

(B) by redesignating paragraph (3) as paragraph (2).

(3) Section 821(b) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2304 note) is amended—

(A) in paragraph (1), by striking “a commercial item” and inserting “a commercial product or a commercial service”;

(B) in paragraph (2), by striking “commercial item” and inserting “commercial product ”; and

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

“(3) The term ‘commercial service’ has the meaning provided by section 103a of title 41, United States Code.”.

(4) Section 817(d) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 2306a note) is amended—

(A) in paragraph (1), by striking “commercial item exceptions” and inserting “commercial product-commercial service exceptions”; and

(B) in paragraph (2), by striking “commercial item exception” and inserting “commercial product-commercial service exception”;

(5) Section 852(b)(2)(A)(ii) of the National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 2324 note) is amended by striking “a commercial item, as defined in section 103 of title 41” and inserting “a commercial product or a commercial service, as defined in sections 103 and 103a, respectively, of title 41”.

(6) Section 805 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2330 note) is amended—

(A) in subsection (b), by striking “commercial items” in paragraphs (1) and (2)(A) and inserting “commercial services”; and

(B) in subsection (c)—

(i) by striking “item” in the headings for paragraphs (1) and (2) and inserting “services”;

(ii) in the matter in paragraph (1) preceding subparagraph (A), by striking “commercial item” and inserting “commercial service”;

(iii) in paragraph (1)(A), by striking “a commercial item, as described in section 103(5) of title 41” and inserting “a service, as described in section 103a(1) of title 41”;

(iv) in paragraph (1)(C)(i), by striking “section 103(6) of title 41” and inserting “section 103a(2) of title 41”; and

(v) in paragraph (2), by striking “item” and inserting “service”.

(7) Section 849(d) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2377 note) is amended—

(A) by striking “commercial items” in paragraph (1) and inserting “commercial products”;

(B) by striking “commercial item” in paragraph (3)(B)(i) and inserting “commercial product”; and

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

“(5) DEFINITION.—In this subsection, the term ‘commercial product’ has the meaning given that term in section 103 of title 41.”.

(8) Section 856(a)(1) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2377 note) is amended by striking “commercial items or services” and inserting “a commercial product or a commercial service, as defined in sections 103 and 103a, respectively, of title 41,”.

(9) Section 879 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2302 note) is amended—

(A) in the section heading, by striking “Commercial items” and inserting “Commercial products”;

(B) in subsection (a), by striking “commercial items” and inserting “commercial products”;

(C) in subsection (c)(3)—

(i) by striking “Commercial items” in the paragraph heading and inserting “Commercial products or commercial services”; and

(ii) by striking “commercial items” and inserting “commercial products or commercial services”; and

(D) in subsection (e)(2), by striking “item” in subparagraphs (A) and (B) and inserting “products”.

(10) Section 880 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 41 U.S.C. 3301 note) is amended by striking “commercial items” in subsection (a)(1) and inserting “commercial products”.

(g) Conforming amendments to other statutes.—

(1) Section 604(g) of the American Recovery and Reinvestment Act of 2009 (6 U.S.C. 453b(g)) is amended—

(A) by striking “Commercial Items” in the subsection heading and inserting “Commercial Products”;

(B) by striking “procurement of commercial” in the first sentence and all that follows through “items listed” and inserting “procurement of commercial products notwithstanding section 1906 of title 41, United States Code, with the exception of commercial products listed”; and

(C) in the second sentence—

(i) by inserting “product” after “commercial”; and

(ii) by striking “in the” and all that follows and inserting “in section 103 of title 41, United States Code.”.

(2) Section 142 of the Higher Education Act of 1965 (20 U.S.C. 1018a) is amended—

(A) in subsection (e)—

(i) by striking “Commercial Items” in the subsection heading and inserting “Commercial Products and Commercial Services”;

(ii) by striking “that commercial items” and inserting “that commercial products or commercial services”;

(iii) by striking “special rules for commercial items” and inserting “special rules for commercial products and commercial services”;

(iv) by striking “without regard to—” and all that follows through “dollar limitation” and inserting “without regard to any dollar limitation”;

(v) by striking “; and” and inserting a period; and

(vi) by striking paragraph (2);

(B) in subsection (f)—

(i) by striking “Items” in the subsection heading and inserting “Products and Services”;

(ii) by striking “Items” in the heading of paragraph (2) and inserting “Products and services”; and

(iii) by striking “a commercial item” in paragraph (2) and inserting “a commercial product or a commercial service”;

(C) in subsection (h)—

(i) by striking “Items” in the subsection heading and inserting “Services”; and

(ii) by striking “commercial items” in paragraph (1) and inserting “commercial services”; and

(D) in subsection (l)—

(i) by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (3), (4), (5), and (6), respectively;

(ii) by striking paragraph (1) and inserting the following new paragraphs:

“(1) COMMERCIAL PRODUCT.—The term ‘commercial product’ has the meaning given the term in section 103 of title 41, United States Code.

“(2) COMMERCIAL SERVICE.—The term ‘commercial service’ has the meaning given the term in section 103a of title 41, United States Code.”;

(iii) in paragraph (3), as so redesignated, by striking “in section” and all that follows and inserting “in section 152 of title 41, United States Code.”;

(iv) in paragraph (5), as so redesignated—

(I) by striking “Commercial items” in the paragraph heading and inserting “Commercial products and commercial services”;

(II) by striking “commercial items” and inserting “commercial products and commercial services”; and

(III) by striking “pursuant to” and all that follows and inserting “pursuant to sections 1901 and 3305(a) of title 41, United States Code.”; and

(v) in paragraph (6), as so redesignated, by striking “pursuant to” and all that follows and inserting “pursuant to sections 1901(a)(1) and 3305(a)(1) of title 41, United States Code.”.

(3) Section 3901(a)(4)(A)(ii)(II) of title 31, United States Code, is amended by striking “commercial item” and inserting “commercial product”.

(4) Section 2455(c)(1) of the Federal Acquisition Streamlining Act of 1994 (31 U.S.C. 6101 note) is amended by striking “commercial items” and inserting “commercial products”.

(5) Section 508(f) of the Federal Water Pollution Control Act (33 U.S.C. 1368(f)) is amended—

(A) in paragraph (1), by striking “commercial items” and inserting “commercial products or commercial services”; and

(B) in paragraph (2), by striking “the term” and all that follows and inserting “the terms ‘commercial product’ and ‘commercial service’ have the meanings given those terms in sections 103 and 103a, respectively, of title 41, United States Code.”.

(6) Section 3707 of title 40, United States Code, is amended by striking “a commercial item (as defined in section 103 of title 41)” and inserting “a commercial product (as defined in section 103 of title 41) or a commercial service (as defined in section 103a of title 41)”.

(7) Subtitle III of title 40, United States Code, is amended—

(A) in section 11101(1), by striking “Commercial item.—The term ‘commercial item’ has” and inserting “Commercial product.—The term ‘commercial product’ has”; and

(B) in section 11314(a)(3), by striking “items” each place it appears and inserting “products”.

(8) Section 8301(g) of the Federal Acquisition Streamlining Act of 1994 (42 U.S.C. 7606 note) is amended by striking “commercial items” and inserting “commercial products or commercial services”.

(9) Section 40118(f) of title 49, United States Code, is amended—

(A) in paragraph (1), by striking “commercial items” and inserting “commercial products”; and

(B) in paragraph (2), by striking “commercial item” and inserting “commercial product”.

(10) Chapter 501 of title 51, United States Code, is amended—

(A) in section 50113(c)—

(i) by striking “Commercial Item” in the subsection heading and inserting “Commercial Product or Commercial Service”; and

(ii) by striking “commercial item” in the second sentence and inserting “commercial product or commercial service”; and

(B) in section 50115(b)—

(i) by striking “Commercial Item” in the subsection heading and inserting “Commercial Product or Commercial Service”; and

(ii) by striking “commercial item” in the second sentence and inserting “commercial product or commercial service”; and

(C) in section 50132(a)—

(i) by striking “Commercial Item” in the subsection heading and inserting “Commercial Service”; and

(ii) by striking “commercial item” in the second sentence and inserting “commercial service”.

(h) Savings provision.—Any provision of law that on the day before the effective date of this section is on a list of provisions of law included in the Federal Acquisition Regulation pursuant to section 1907 of title 41, United States Code, shall be deemed as of that effective date to be on a list of provisions of law included in the Federal Acquisition Regulation pursuant to section 1906 of such title.

SEC. 832. Definition of subcontract.

(a) Standard definition in title 41, United States Code.—

(1) IN GENERAL.—Chapter 1 of title 41, United States Code, is amended—

(A) by redesignating sections 115 and 116 as sections 116 and 117, respectively; and

(B) by inserting after section 114 the following new section 115:

§ 115. Subcontract

“(a) In general.—In this subtitle, the term ‘subcontract’ means a contract entered into by a prime contractor or subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind under a prime contract. The term includes a transfer of a commercial product or commercial service between divisions, subsidiaries, or affiliates of a contractor or subcontractor.

“(b) Matters not included.—In this subtitle, the term ‘subcontract’ does not include—

“(1) a contract the costs of which are applied to general and administrative expenses or indirect costs; or

“(2) an agreement entered into by a contractor or subcontractor for the supply of a commodity, a commercial product, or a commercial service that is intended for use in the performance of multiple contracts.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 1 of title 41, United States Code, is amended by striking the items relating to sections 115 and 116 and inserting the following new items:


“115. Subcontract.

“116. Supplies.

“117. Technical data.”.

(b) Conforming amendments to title 41, United States Code.—Title 41, United States Code, is further amended as follows:

(1) Section 1502(b)(1) is amended—

(A) by striking subparagraph (A);

(B) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; and

(C) in subparagraph (B), as so redesignated, by striking “Subparagraph (B)” and inserting “Subparagraph (A)”.

(2) Section 1906 is amended—

(A) in subsection (c)—

(i) by striking paragraph (1);

(ii) by redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively;

(iii) in paragraph (1), as so redesignated, by striking “paragraph (3)” and inserting “paragraph (2)”; and

(iv) in paragraph (2), as so redesignated, by striking “paragraph (2)” and inserting “paragraph (1)”; and

(B) in subsection (e), by striking “(c)(3)” both places it appears and inserting “(c)(2)”.

(3) Section 3307(e)(2) is amended—

(A) by striking subparagraph (A);

(B) by redesignating subparagraphs (B), (C), (D), and (E) as subparagraphs (A), (B), (C), and (D), respectively;

(C) in subparagraph (C), as so redesignated—

(i) by striking “subparagraph (B)” and inserting “subparagraph (A)”; and

(ii) by striking “subparagraph (C)” and inserting “subparagraph (B)”; and

(D) in subparagraph (D), as so redesignated, by striking “subparagraph (B)” and inserting “subparagraph (A)”.

(4) Section 3501(a) is amended by striking paragraph (3).

(c) Incorporation of title 41 definition in chapters 137 and 140 of title 10, United States Code.—

(1) DEFINITIONS FOR PURPOSES OF CHAPTER 137.—Section 2302(3) of title 10, United States Code, is amended by adding at the end the following new subparagraph:

“(N) The term ‘subcontract’.”.

(2) DEFINITIONS FOR PURPOSES OF CHAPTER 140.—

(A) Section 2375(c) of title 10, United States Code, is amended—

(i) by striking paragraph (3); and

(ii) by redesignating paragraph (4) as paragraph (3).

(B) Section 2376(1) of such title is amended by striking “and ‘commercial component’ have” and inserting “ ‘commercial component’, and ‘subcontract’ have”.

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

(a) Inapplicability of certain provisions of law.—

(1) SECTION 2375.—Section 2375 of title 10, United States Code, is amended—

(A) in subsection (b)(2), by striking “January 1, 2015” and inserting “October 13, 1994”; and

(B) in subsections (b)(2), (c)(2), and (d)(2), by striking “unless the” and all that follows and inserting a period.

(2) SECTION 2533A.—Section 2533a(i) of such title is amended—

(A) in the subsection heading, by striking “items” and inserting “products”; and

(B) by striking “commercial items” and inserting “commercial products”.

(3) SECTION 2533B.—Section 2533b(h) of such title is amended—

(A) the subsection heading, by striking “items” and inserting “products”; and

(B) by striking “commercial items” each place it appears and inserting “commercial products”.

(b) Inapplicability of certain executive orders and regulations.—Chapter 140 of title 10, United States Code, is amended by inserting after section 2375 the following new section:

§ 2375a. Applicability of certain Executive orders and regulations

“(a) Executive orders.—

“(1) COMMERCIAL CONTRACTS.—No Department of Defense commercial contract shall be subject to an Executive order issued after the date of the enactment of this section unless the Executive order specifically provides that it is applicable to contracts for the procurement of commercial products and commercial services by the Department of Defense.

“(2) SUBCONTRACTS UNDER COMMERCIAL CONTRACTS.—No subcontract under a Department of Defense commercial contract shall be subject to an Executive order issued after the date of the enactment of this section unless the Executive order specifically provides that it is applicable to subcontracts under Department of Defense contracts for the procurement of commercial products and commercial services.

“(b) Regulations and policies.—

“(1) COMMERCIAL CONTRACTS.—No Department of Defense commercial contract shall be subject to any Department of Defense regulation or policy prescribed after the date of the enactment of this section unless the regulation or policy specifically provides that it is applicable to contracts for the procurement of commercial products and commercial services by the Department of Defense.

“(2) SUBCONTRACTS UNDER COMMERCIAL CONTRACTS.—No subcontract under a Department of Defense commercial contract shall be subject to any Department of Defense regulation or order prescribed after the date of the enactment of this section unless the regulation or policy specifically provides that it is applicable to subcontracts under Department of Defense contracts for the procurement of commercial products and commercial services.

“(c) Department of defense commercial contracts.—In this section, the term ‘Department of Defense commercial contract’ means a contract for the procurement of a commercial product or commercial service entered into by the Secretary of Defense.”.

(c) Clerical amendment.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2375 the following new item:


“2375a. Applicability of certain Executive orders and regulations.”.

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

(a) In General.—Section 846 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 41 U.S.C. 1901 note) is amended—

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

“(5) A procurement of a product made through a commercial e-commerce portal under the program established pursuant to subsection (a) is deemed to satisfy requirements for full and open competition pursuant to section 2304 of title 10, United States Code, and section 3301 of title 41, United States Code, if—

“(A) there are offers from two or more suppliers of such a product or similar product with substantially the same physical, functional, or performance characteristics on the online marketplace; and

“(B) the Administrator establishes procedures to implement subparagraph (A) and notifies Congress at least 30 days before implementing such procedures.”;

(2) in subsection (h), by striking paragraph (3) and inserting the following:

“(3) agree not to use, for pricing, marketing, competitive, or other purposes, any information, including any Government-owned data, such as purchasing trends or spending habits, related to a product from a third-party supplier featured on the commercial e-commerce portal or the transaction of such product, except as necessary to comply with the requirements of the program established in subsection (a).”;

(3) by redesignating subsections (j) and (k) as subsections (k) and (l), respectively; and

(4) by inserting after subsection (i) the following new subsection:

“(j) Micro-purchase threshold.—Notwithstanding section 2338 of title 10, United States Code, and section 1902 of title 41, United States Code, the micro-purchase threshold for a procurement of a product through a commercial e-commerce portal used under the program established under subsection (a) is $25,000.”.

(b) Sense of Congress.—It is the sense of Congress that—

(1) the implementation of any e-commerce portal under such section 846 to procure commercial products will be done in a manner that will enhance competition, expedite procurement, and ensure reasonable pricing of commercial products;

(2) the implementation of the e-commerce portal will be completed with multiple contracts with multiple commercial e-commerce portal providers; and

(3) the Administrator of the General Services Administration should require any e-commerce portal provider to take the necessary precautions to safeguard data of all other e-commerce portal providers and any third-party suppliers.

SEC. 835. Review of Federal acquisition regulations on commercial products, commercial services, and commercially available off-the-shelf items.

(a) Review of determinations not to exempt contracts for commercial products, commercial services, and commercially available off-the-shelf items from certain laws and regulations.—Not later than 1 year after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall—

(1) review each determination of the Federal Acquisition Regulatory Council pursuant to section 1906(b)(2), section 1906(c)(3), or section 1907(a)(2) of title 41, United States Code, not to exempt contracts or subcontracts from laws which such contracts and subcontracts would otherwise be exempt from under section 1906(d) of title 41, United States Code; and

(2) propose revisions to the Federal Acquisition Regulation to provide an exemption from each law subject to such determination unless the Council determines that there is a specific reason not to provide the exemptions pursuant to section 1906 of such title or the Administrator for Federal Procurement Policy determines there is a specific reason not to provide the exemption pursuant to section 1907 of such title.

(b) Review of certain contract clause requirements applicable to commercial products and commercial services contracts.—Not later than 1 year after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall—

(1) review the Federal Acquisition Regulation to assess all regulations that require a specific contract clause for a contract using commercial product or commercial services acquisition procedures under part 12 of the Federal Acquisition Regulation, except for regulations required by law or Executive order; and

(2) propose revisions to the Federal Acquisition Regulation to eliminate regulations reviewed under paragraph (1) unless the Federal Acquisition Regulatory Council determines on a case-by-case basis that there is a specific reason not to eliminate the regulation.

(c) Elimination of certain contract clause regulations applicable to commercially available off-the-shelf item subcontracts.—Not later than 1 year after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall—

(1) review the Federal Acquisition Regulation to assess all regulations that require a prime contractor to include a specific contract clause in a subcontract for commercially available off-the-shelf items unless the inclusion of such clause is required by law or Executive order; and

(2) propose revisions to the Federal Acquisition Regulation to eliminate regulations reviewed under paragraph (1) unless the Federal Acquisition Regulatory Council determines on a case-by-case basis that there is a specific reason not to eliminate the regulation.

subtitle DIndustrial Base Matters

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

(a) Additional procurement limitation.—Section 2534(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:

“(6) COMPONENTS FOR AUXILIARY SHIPS.—Subject to subsection (k), the following components:

“(A) Auxiliary equipment, including pumps, for all shipboard services.

“(B) Propulsion system components, including engines, reduction gears, and propellers.

“(C) Shipboard cranes.

“(D) Spreaders for shipboard cranes.”.

(b) Implementation.—Such section is further amended by adding at the end the following new subsection:

“(k) Implementation of auxiliary ship component limitation.—Subsection (a)(6) applies only with respect to contracts awarded by the Secretary of a military department for new construction of an auxiliary ship after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2019 using funds available for National Defense Sealift Fund programs or Shipbuilding and Conversion, Navy. For purposes of this subsection, the term ‘auxiliary ship’ does not include an icebreaker.”.

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

Not later than March 1, 2019, the Secretary of the Navy shall submit to the congressional defense committees a report that provides a market survey and cost assessment associated with limiting competition to domestic sources for—

(1) naval vessel components listed in section 2534(a)(3) of title 10, United States Code;

(2) expanding such list to include all ships authorized using funds available for Shipbuilding and Conversion, Navy and Other Procurement, Navy; and

(3) expanding such list to include waterjet marine propulsion systems, azimuth thrusters, and bow thrusters for all ships authorized using funds available for Shipbuilding and Conversion, Navy and Other Procurement, Navy.

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

(a) In general.—Effective October 1, 2020, a covered NTIB entity operating under a special security agreement pursuant to the National Industrial Security Program shall not be required to obtain a national interest determination as a condition for access to proscribed information.

(b) Acceleration authorized.—Notwithstanding the effective date of this section, the Secretary of Defense, in consultation with the Director of the Information Security Oversight Office, may waive the requirement to obtain a national interest determination for a covered NTIB entity operating under such a special security agreement that has—

(1) a demonstrated successful record of compliance with the National Industrial Security Program; and

(2) previously been approved for access to proscribed information.

(c) Definitions.—In this section:

(1) COVERED NTIB ENTITY.—The term “covered NTIB entity” means a person that is a subsidiary located in the United States—

(A) for which the ultimate parent company and any intermediate parent companies of such subsidiary are located in a country that is part of the national technology and industrial base (as defined in section 2500 of title 10, United States Code); and

(B) that is subject to the foreign ownership, control, or influence requirements of the National Industrial Security Program.

(2) PROSCRIBED INFORMATION.—The term “proscribed information” means information that is—

(A) classified at the level of top secret;

(B) communications security information (excluding controlled cryptographic items when un-keyed or utilized with unclassified keys);

(C) restricted data (as defined in section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014));

(D) special access program information under section 4.3 of Executive Order No. 13526 (75 Fed. Reg. 707; 50 U.S.C. 3161 note) or successor order; or

(E) designated as sensitive compartmented information.

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

(a) Pilot program authorized.—The Undersecretary of Defense for Research and Engineering, in coordination with the Defense Microelectronics Activity, shall establish a pilot program to test the feasibility and reliability of using machine-vision technologies to determine the authenticity and security of microelectronic parts in weapon systems.

(b) Objectives of pilot program.—The Undersecretary of Defense for Research and Engineering, in coordination with the Defense Microelectronics Activity, shall design any pilot program conducted under this section to determine the following:

(1) The effectiveness and technology readiness level of machine-vision technologies to determine the authenticity of microelectronic parts at the time of the creation of such part through final insertion of such part into weapon systems.

(2) The best method of incorporating machine-vision technologies into the process of developing, transporting, and inserting microelectronics into weapon systems.

(3) The rules, regulations, or processes that hinder the development and incorporation of machine-vision technologies, and the application of such rules, regulations, or processes to mitigate counterfeit microelectronics proliferation throughout the Department of Defense.

(c) Consultation.—To develop the pilot program under this section, the Undersecretary of Defense for Research and Engineering, in coordination with the Defense Microelectronics Activity, may consult with the following entities:

(1) Manufacturers of semiconductors or electronics.

(2) Industry associations relating to semiconductors or electronics.

(3) Original equipment manufacturers of products for the Department of Defense.

(4) Nontraditional defense contractors (as defined in section 2302(9) of title 10, United States Code) that are machine vision companies.

(5) Federal laboratories (as defined in section 2500(5) of title 10, United States Code).

(6) Other elements of the Department of Defense that fall under the authority of the Undersecretary of Defense for Research and Engineering.

(d) Commencement and duration.—The pilot program established under this section shall be established not later than April 1, 2019, and all activities under such pilot program shall terminate not later than December 31, 2020.

SEC. 845. Security of Department of Defense telecommunication services.

In awarding contracts for telecommunication services or installation of telecommunication infrastructure on military installations located in the United States or its territories, the Secretary of Defense shall give preference to American-owned and -operated companies.

SEC. 846. Sense of Congress on unmanned ground vehicle technology.

It is the sense of Congress that design, manufacturing, and repair of the technology in unmanned ground vehicles is critical to national security. To that end, the national technology and industrial base periodic defense capability assessments required under section 2505 of title 10, United States Code, as well as the national security strategy for the national technology and industrial base required under section 2501 of such title, should include the unmanned ground vehicles industry.

subtitle ESmall Business Matters

SEC. 851. Department of Defense small business strategy.

(a) In general.—Chapter 136 of title 10, United States Code, is amended by adding at the end the following new section:

§ 2283. Department of Defense small business strategy

“(a) In general.—The Secretary of Defense shall implement a small business strategy for the Department of Defense that meets the requirements of this section.

“(b) Unified management structure.—As part of the small business strategy described in subsection (a), the Secretary shall ensure that there is a unified management structure within the Department for the functions of the Department relating to—

“(1) programs and activities related to small business concerns (as defined in section 3 of the Small Business Act);

“(2) manufacturing and industrial base policy; and

“(3) any procurement technical assistance program established under chapter 142 of this title.

“(c) Purpose of small business programs.—The Secretary shall ensure that programs and activities of the Department of Defense related to small business concerns are carried out so as to further national defense programs and priorities and the statements of purpose for Department of Defense acquisition set forth in section 801 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1449).

“(d) Points of entry into defense market.—The Secretary shall ensure—

“(1) that opportunities for small business concerns to contract with the Department of Defense are identified clearly; and

“(2) that small business concerns are able to have access to program managers, contracting officers, and other persons using the products or services of such concern to the extent necessary to inform such persons of emerging and existing capabilities of such concerns.

“(e) Enhanced outreach under procurement technical assistance program market.—The Secretary shall enable and promote activities to provide coordinated outreach to small business concerns through any procurement technical assistance program established under chapter 142 of this title to facilitate small business contracting with the Department of Defense.”.

(b) Implementation.—

(1) DEADLINE.—The Secretary of Defense shall develop the small business strategy required by section 2283 of title 10, United States Code, as added by subsection (a), not later than 180 days after the date of the enactment of this Act.

(2) NOTICE TO CONGRESS AND PUBLICATION.—Upon completion of the development of the small business strategy pursuant to paragraph (1), the Secretary shall—

(A) transmit the strategy to Congress; and

(B) publish the strategy on a public website of the Department of Defense.

(c) Clerical amendment.—The table of sections at the beginning of such chapter is amended by adding at the end the following new item:


“2283. Department of Defense small business strategy.”.

SEC. 852. Prompt payments of small business contractors.

Section 2307(a) of title 10, United States Code, is amended—

(1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;

(2) by striking “The head of any agency may—” and inserting “(1) The head of any agency may”; and

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

“(2) (A) For a prime contractor (as defined in section 8701 of title 41) that is a small business concern (as defined in section 3 of the Small Business Act (15 U.S.C. 632)), the head of an agency shall, to the fullest extent permitted by law, establish an accelerated payment date with a goal of 15 days after receipt of a proper invoice for the amount due if a specific payment date is not established by contract.

“(B) For a prime contractor that subcontracts with a small business concern, the head of an agency shall, to the fullest extent permitted by law, establish an accelerated payment date with a goal of 15 days after receipt of a proper invoice for the amount due if—

“(i) a specific payment date is not established by contract; and

“(ii) the prime contractor agrees to make payments to the subcontractor in accordance with the accelerated payment date, to the maximum extent practicable, without any further consideration from or fees charged to the subcontractor.”.

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

(a) Definitions.—In this section—

(1) the term “intermediary” has the meaning given that term in section 7(m)(11) of the Small Business Act (15 U.S.C. 636(m)(11)); and

(2) the term “microloan program” means the program established under section 7(m) of the Small Business Act (15 U.S.C. 636(m)).

(b) Microloan intermediary lending limit increased.—Section 7(m)(3)(C) of the Small Business Act (15 U.S.C. 636(m)(3)(C)) is amended by striking “$5,000,000” and inserting “$6,000,000”.

(c) Microloan technical assistance.—Section 7(m)(4)(E) of the Small Business Act (15 U.S.C. 636(m)(4)(E)) is amended by striking “25 percent” each place such term appears and inserting “50 percent”.

(d) SBA study of microenterprise participation.—Not later than 1 year after the date of enactment of this section, the Administrator of the Small Business Administration shall conduct a study and submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on—

(1) the operations (including services provided, structure, size, and area of operation) of a representative sample of—

(A) intermediaries that are eligible to participate in the microloan program and that do participate; and

(B) intermediaries that are eligible to participate in the microloan program and that do not participate;

(2) the reasons why eligible intermediaries described in paragraph (1)(B) choose not to participate in the microloan program;

(3) recommendations on how to encourage increased participation in the microloan program by eligible intermediaries described in paragraph (1)(B); and

(4) recommendations on how to decrease the costs associated with participation in the microloan program for eligible intermediaries.

(e) GAO study on microloan intermediary practices.—Not later than 1 year after the date of enactment of this section, the Comptroller General of the United States shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report evaluating—

(1) oversight of the microloan program by the Small Business Administration, including oversight of intermediaries participating in the microloan program; and

(2) the specific processes used by the Small Business Administration to ensure—

(A) compliance by intermediaries participating in the microloan program; and

(B) the overall performance of the microloan program.

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

(a) Use of SBIR or STTR funding for administrative costs.—Section 9 of the Small Business Act (15 U.S.C. 638) is amended—

(1) in subsection (f)—

(A) in paragraph (2), by striking “shall not” and all that follows through “make available” and inserting “shall not make available”; and

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

“(5) ADMINISTRATIVE COSTS.—A Federal agency may use up to 3 percent of its SBIR budget established pursuant to paragraph (1) for the purpose of funding administrative costs of the program.”; and

(2) in subsection (n)—

(A) in paragraph (2), by striking “shall not” and all that follows through “make available” and inserting “shall not make available”; and

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

“(4) ADMINISTRATIVE COSTS.—A Federal agency may use up to 3 percent of its SBIR budget established pursuant to paragraph (1) for the purpose of funding administrative costs of the program.”.

(b) Expansion of phase flexibility.—Section 9(cc) of such Act (15 U.S.C. 638(cc)) is amended by striking “During fiscal years” and all that follows through “may each provide” and inserting “During fiscal years 2018 through 2022, all agencies participating in the SBIR program may provide”.

(c) Improvements to technical and business assistance.—Section 9(q) of the Small Business Act (15 U.S.C. 638(q)) is amended—

(1) in the subsection heading, by inserting “and Business” after “Technical”;

(2) in paragraph (1)—

(A) in the matter preceding subparagraph (A)—

(i) by striking “a vendor selected under paragraph (2)” and inserting “1 or more vendors selected under paragraph (2)(A)”;

(ii) by inserting “and business” before “assistance services”; and

(iii) by inserting “assistance with product sales, intellectual property protections, market research, market validation, and development of regulatory plans and manufacturing plans,” after “technologies,”; and

(B) in subparagraph (D), by inserting “, including intellectual property protections” before the period at the end;

(3) in paragraph (2)—

(A) by striking “Each agency may select a vendor to assist small business concerns to meet” and inserting the following:

“(A) IN GENERAL.—Each agency may select 1 or more vendors from which small business concerns may obtain assistance in meeting”; and

(B) by adding at the end the following:

“(B) SELECTION BY SMALL BUSINESS CONCERN.—A small business concern may, by contract or otherwise, select 1 or more vendors to assist the small business concern in meeting the goals listed in paragraph (1).”; and

(4) in paragraph (3)—

(A) by inserting “(A)” after “paragraph (2)” each place it appears;

(B) in subparagraph (A), by striking “$5,000 per year” each place it appears and inserting “$6,500 per year”;

(C) in subparagraph (B)—

(i) by striking “$5,000 per year” each place it appears and inserting “$50,000 per project”; and

(ii) in clause (ii), by striking “which shall be in addition to the amount of the recipient’s award” and inserting “which may, as determined appropriate by the head of the agency, be included as part of the recipient’s award or be in addition to the amount of the recipient’s award”;

(D) in subparagraph (C)—

(i) by inserting “or business” after “technical”;

(ii) by striking “the vendor” and inserting “a vendor”; and

(iii) by adding at the end the following: “Business-related services aimed at improving the commercialization success of a small business concern may be obtained from an entity, such as a public or private organization or an agency of or other entity established or funded by a State that facilitates or accelerates the commercialization of technologies or assists in the creation and growth of private enterprises that are commercializing technology.”;

(E) in subparagraph (D)—

(i) by inserting “or business” after “technical” each place it appears; and

(ii) in clause (i), by striking “the vendor” and inserting “1 or more vendors”; and

(F) by adding at the end the following:

“(E) MULTIPLE AWARD RECIPIENTS.—The Administrator shall establish a limit on the amount of technical and business assistance services that may be received or purchased under subparagraph (B) by a small business concern that has received multiple Phase II SBIR or STTR awards for a fiscal year.”.

SEC. 855. Construction contract administration.

Section 15 of the Small Business Act (15 U.S.C. 644) is amended by adding at the end the following new subsection:

“(w) Solicitation notice regarding administration of change orders for construction.—

“(1) IN GENERAL.—With respect to any solicitation for the award of a contract for construction anticipated to be awarded to a small business concern, the agency administering such contract shall provide a notice along with the solicitation to prospective bidders and offerors that includes—

“(A) information about the agency’s policies or practices in complying with the requirements of the Federal Acquisition Regulation relating to the timely definitization of requests for an equitable adjustment; and

“(B) information about the agency’s past performance in definitizing requests for equitable adjustments in accordance with paragraph (2).

“(2) REQUIREMENTS FOR AGENCIES.—An agency shall provide the past performance information described under paragraph (1)(B) as follows:

“(A) For the 3-year period preceding the issuance of the notice, to the extent such information is available.

“(B) With respect to an agency that, on the date of the enactment of this subsection, has not compiled the information described under paragraph (1)(B)—

“(i) beginning 1 year after the date of the enactment of this subsection, for the 1-year period preceding the issuance of the notice;

“(ii) beginning 2 years after the date of the enactment of this subsection, for the 2-year period preceding the issuance of the notice; and

“(iii) beginning 3 years after the date of the enactment of this subsection and each year thereafter, for the 3-year period preceding the issuance of the notice.

“(3) FORMAT OF PAST PERFORMANCE INFORMATION.—In the notice required under paragraph (1), the agency shall ensure that the past performance information described under paragraph (1)(B) is set forth separately for each definitization action that was completed during the following periods:

“(A) Not more than 30 days after receipt of a request for an equitable adjustment.

“(B) Not more than 60 days after receipt of a request for an equitable adjustment.

“(C) Not more than 90 days after receipt of a request for an equitable adjustment.

“(D) Not more than 180 days after receipt of a request for an equitable adjustment.

“(E) More than 365 days after receipt of a request for an equitable adjustment.

“(F) After the completion of the performance of the contract through a contract modification addressing all undefinitized requests for an equitable adjustment received during the term of the contract.”.

SEC. 856. Broadband and emerging information technology coordinator.

(a) In general.—The Small Business Act (15 U.S.C. 631 et seq.) is amended—

(1) by redesignating section 47 as section 48; and

(2) by inserting after section 46 the following:

“SEC. 47. Broadband and emerging information technology.

“(a) Definitions.—In this section—

“(1) the term ‘OII Associate Administrator’ means the Associate Administrator for the Office of Investment and Innovation; and

“(2) the term ‘broadband and emerging information technology coordinator’ means the employee designated to carry out the broadband and emerging information technology coordination responsibilities of the Administration under subsection (b)(1).

“(b) Assignment of coordinator.—

“(1) ASSIGNMENT OF COORDINATOR.—The OII Associate Administrator shall designate a senior employee of the Office of Investment and Innovation to serve as the broadband and emerging information technology coordinator, who—

“(A) shall report to the OII Associate Administrator;

“(B) shall work in coordination with—

“(i) the chief information officer, the chief technology officer, and the head of the Office of Technology of the Administration; and

“(ii) any other Associate Administrator of the Administration determined appropriate by the OII Associate Administrator;

“(C) has experience developing and implementing telecommunications policy in the private sector or government; and

“(D) has demonstrated significant experience in the area of broadband or emerging information technology.

“(2) RESPONSIBILITIES OF COORDINATOR.—The broadband and emerging information technology coordinator shall—

“(A) coordinate programs of the Administration that assist small business concerns in adopting, making innovations in, and using broadband and other emerging information technologies;

“(B) serve as the primary liaison of the Administration to other Federal agencies involved in broadband and emerging information technology policy, including the Department of Commerce, the Department of Agriculture, and the Federal Communications Commission;

“(C) identify best practices relating to broadband and emerging information technology that may benefit small business concerns; and

“(D) identify and catalog tools and training available through the resource partners of the Administration that assist small business concerns in adopting, making innovations in, and using broadband and emerging technologies.

“(3) TRAVEL.—Not more than 20 percent of the hours of service by the broadband and emerging information technology coordinator during any fiscal year shall consist of travel outside the United States to perform official duties.

“(c) Broadband and emerging technology training.—

“(1) TRAINING.—The OII Associate Administrator shall provide to employees of the Administration training that—

“(A) familiarizes employees of the Administration with broadband and other emerging information technologies;

“(B) includes—

“(i) instruction on counseling small business concerns regarding adopting, making innovations in, and using broadband and other emerging information technologies; and

“(ii) information on programs of the Federal Government that provide assistance to small business concerns relating to broadband and emerging information technologies; and

“(C) to maximum extent practicable, uses the tools and training cataloged and identified under subsection (b)(2)(D).

“(2) FUNDING.—The Administrator shall use funds made available to the Office of Investment and Innovation to carry out this subsection.

“(d) Reports.—

“(1) BIENNIAL REPORT ON ACTIVITIES.—Not later than 2 years after the date on which the OII Associate Administrator makes the first designation of an employee under subsection (b), and every 2 years thereafter, the broadband and emerging information technology coordinator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report regarding the programs and activities of the Administration relating to broadband and other emerging information technologies.

“(2) IMPACT OF BROADBAND SPEED AND PRICE ON SMALL BUSINESSES.—

“(A) IN GENERAL.—Subject to appropriations, the Chief Counsel for Advocacy shall conduct a study evaluating the impact of broadband speed and price on small business concerns.

“(B) REPORT.—Not later than 3 years after the date of enactment of the Small Business Broadband and Emerging Information Technology Enhancement Act of 2017, the Chief Counsel for Advocacy shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Energy and Commerce and the Committee on Small Business of the House of Representatives a report on the results of the study under subparagraph (A), including—

“(i) a survey of broadband speeds available to small business concerns;

“(ii) a survey of the cost of broadband speeds available to small business concerns;

“(iii) a survey of the type of broadband technology used by small business concerns; and

“(iv) any policy recommendations that may improve the access of small business concerns to comparable broadband services at comparable rates in all regions of the United States.”.

(b) Entrepreneurial development.—Section 21(c)(3)(B) of the Small Business Act (15 U.S.C. 648(c)(3)(B)) is amended—

(1) in the matter preceding clause (i), by inserting “accessing broadband and other emerging information technology,” after “technology transfer,”;

(2) in clause (ii), by striking “and” at the end;

(3) in clause (iii), by adding “and” at the end; and

(4) by adding at the end the following:

“(iv) increasing the competitiveness and productivity of small business concerns by assisting owners of such concerns in accessing broadband and other emerging information technology;”.

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

(a) Investment in small business investment companies.—Section 302(b) of the Small Business Investment Act of 1958 (15 U.S.C. 682(b)) is amended—

(1) in paragraph (1), by inserting before the period the following: “or, subject to the approval of the appropriate Federal banking agency, 15 percent of such capital and surplus”;

(2) in paragraph (2), by inserting before the period the following: “or, subject to the approval of the appropriate Federal banking agency, 15 percent of such capital and surplus”; and

(3) by adding at the end the following:

“(3) APPROPRIATE FEDERAL BANKING AGENCY DEFINED.—For purposes of this subsection, the term ‘appropriate Federal banking agency’ has the meaning given that term under section 3 of the Federal Deposit Insurance Act.”.

(b) Increase to maximum leverage limit.—Section 303(b)(2)(A)(ii) of the Small Business Investment Act of 1958 (15 U.S.C. 683(b)(2)(A)(ii)) is amended by striking “$150,000,000” and inserting “$175,000,000”.

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

(a) Submission with annual budget justification documents.—The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, shall include in the materials submitted to Congress by the Secretary of Defense in support of the budget of the President for each fiscal year (as submitted to Congress under section 1105 of title 31, United States Code) a budget justification for all activities conducted under a Small Business Innovation Research Program or Small Business Technology Transfer Program (as such terms are defined, respectively, in section 9(e) of the Small Business Act (15 U.S.C. 638(e))) of the Department of Defense during the previous fiscal year.

(b) Requirements for budget display.—The budget justification under subsection (a) shall include—

(1) the amount obligated or expended, by appropriation and functional area, for each activity conducted under a Small Business Innovation Research Program or Small Business Technology Transfer Program, with supporting narrative descriptions and rationale for the funding levels; and

(2) a summary and estimate of funding required during the period covered by the current future-years defense program (as defined under section 221 of title 10, United States Code).

(c) Termination.—The requirements of this section shall terminate on December 31, 2022.

SEC. 859. Funding for procurement technical assistance program.

(a) Amount of assistance from Secretary.—Section 2413(b) of title 10, United States Code, is amended—

(1) by striking “not more than 65 percent” and inserting “not more than 75 percent”; and

(2) in paragraph (1), by striking “more than 65 percent, but not more than 75 percent” and inserting “more than 75 percent, but not more than 85 percent”.

(b) Funding for eligible entities.—Section 2414(a) of such title is amended—

(1) in paragraph (1), by striking “$750,000” and inserting “$1,000,000”;

(2) in paragraph (2), by striking “$450,000” and inserting “$750,000”;

(3) in paragraph (3), by striking “$300,000” and inserting “$450,000”; and

(4) in paragraph (4), by striking “$750,000” and inserting “$1,000,000”.

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

Subparagraph (B) of section 1908(b)(2) of title 41, United States Code, is amended by inserting “3131 to 3134,” after “sections”.

SEC. 861. SCORE.

(a) SCORE Reauthorization.—Section 20 of the Small Business Act (15 U.S.C. 631 note) is amended—

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

(2) by adding at the end the following:

“(g) SCORE program.—There are authorized to be appropriated to the Administrator to carry out the SCORE program authorized by section 8(b)(1) such sums as are necessary for the Administrator to make grants or enter into cooperative agreements in a total amount that does not exceed $10,500,000 in each of fiscal years 2018 and 2019.”.

(b) SCORE program.—Section 8 of the Small Business Act (15 U.S.C. 637) is amended—

(1) in subsection (b)(1)(B), by striking “a Service Corps of Retired Executives (SCORE)” and inserting “the SCORE program described in subsection (c)”; and

(2) by striking subsection (c) and inserting the following:

“(c) SCORE program.—

“(1) DEFINITION.—In this subsection:

“(A) SCORE ASSOCIATION.—The term ‘SCORE Association’ means the Service Corps of Retired Executives Association or any successor or other organization who receives a grant from the Administrator to operate the SCORE program under paragraph (2)(A).

“(B) SCORE PROGRAM.—The term ‘SCORE program’ means the SCORE program authorized by subsection (b)(1)(B).

“(2) MANAGEMENT AND VOLUNTEERS.—

“(A) IN GENERAL.—The Administrator shall provide a grant to the SCORE Association to manage the SCORE program.

“(B) VOLUNTEERS.—A volunteer participating in the SCORE program shall—

“(i) based on the business experience and knowledge of the volunteer—

“(I) provide at no cost to individuals who own, or aspire to own, small business concerns personal counseling, mentoring, and coaching relating to the process of starting, expanding, managing, buying, and selling a business; and

“(II) facilitate low-cost education workshops for individuals who own, or aspire to own, small business concerns; and

“(ii) as appropriate, use tools, resources, and expertise of other organizations to carry out the SCORE program.

“(3) PLANS AND GOALS.—The Administrator, in consultation with the SCORE Association, shall ensure that the SCORE program and each chapter of the SCORE program develop and implement plans and goals to more effectively and efficiently provide services to individuals in rural areas, economically disadvantaged communities, and other traditionally underserved communities, including plans for electronic initiatives, web-based initiatives, chapter expansion, partnerships, and the development of new skills by volunteers participating in the SCORE program.

“(4) ANNUAL REPORT.—The SCORE Association shall submit to the Administrator an annual report that contains—

“(A) the number of individuals counseled or trained under the SCORE program;

“(B) the number of hours of counseling provided under the SCORE program; and

“(C) to the extent possible—

“(i) the number of small business concerns formed with assistance from the SCORE program;

“(ii) the number of small business concerns expanded with assistance from the SCORE program; and

“(iii) the number of jobs created with assistance from the SCORE program.

“(5) PRIVACY REQUIREMENTS.—

“(A) IN GENERAL.—Neither the Administrator nor the SCORE Association may disclose the name, address, or telephone number of any individual or small business concern receiving assistance from the SCORE Association without the consent of such individual or small business concern, unless—

“(i) the Administrator is ordered to make such a disclosure by a court in any civil or criminal enforcement action initiated by a Federal or State agency; or

“(ii) the Administrator determines such a disclosure to be necessary for the purpose of conducting a financial audit of the SCORE program, in which case disclosure shall be limited to the information necessary for the audit.

“(B) ADMINISTRATOR USE OF INFORMATION.—This paragraph shall not—

“(i) restrict the access of the Administrator to program activity data; or

“(ii) prevent the Administrator from using client information to conduct client surveys.

“(C) STANDARDS.—

“(i) IN GENERAL.—The Administrator shall, after the opportunity for notice and comment, establish standards for—

“(I) disclosures with respect to financial audits under subparagraph (A)(ii); and

“(II) conducting client surveys, including standards for oversight of the surveys and for dissemination and use of client information.

“(ii) MAXIMUM PRIVACY PROTECTION.—The standards issued under this subparagraph shall, to the extent practicable, provide for the maximum amount of privacy protection.”.

(c) Online component.—

(1) IN GENERAL.—Section 8(c) of the Small Business Act (15 U.S.C. 637(c)), as amended by subsection (b), is further amended by adding at the end the following:

“(6) ONLINE COMPONENT.—In carrying out this subsection, the SCORE Association shall make use of online counseling, including by developing and implementing webinars and an electronic mentoring platform to expand access to services provided under this subsection and to further support entrepreneurs.”.

(2) ONLINE COMPONENT REPORT.—

(A) IN GENERAL.—At the end of fiscal year 2018, the SCORE Association shall issue a report to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate on the effectiveness of the online counseling and webinars required as part of the SCORE program, including—

(i) how the SCORE Association determines electronic mentoring and webinar needs, develops training for electronic mentoring, establishes webinar criteria curricula, and evaluates webinar and electronic mentoring results;

(ii) describing the internal controls that are used and a summary of the topics covered by the webinars; and

(iii) performance metrics, including the number of small business concerns counseled by, the number of small business concerns created by, the number of jobs created and retained by, and the funding amounts directed towards such online counseling and webinars.

(B) DEFINITIONS.—For purposes of this subsection, the terms “SCORE Association” and “SCORE program” have the meaning given those terms, respectively, under section 8(c)(1) of the Small Business Act (15 U.S.C. 637(c)(1)).

(d) Study and report on the future role of the score program.—

(1) STUDY.—The SCORE Association shall carry out a study on the future role of the SCORE program and develop a strategic plan for how the SCORE program will evolve to meet the needs of small business concerns and potential future small business concerns over the course of the 5 years following the date of enactment of this Act, with markers and specific objectives for year 1, year 3, and year 5.

(2) REPORT.—Not later than the end of the 6-month period beginning on the date of the enactment of this Act, the SCORE Association shall issue a report to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate containing—

(A) all findings and determination made in carrying out the study required under paragraph (1);

(B) the strategic plan developed under paragraph (1);

(C) an explanation of how the SCORE Association plans to achieve the strategic plan, assuming both stagnant and increased funding levels.

(3) DEFINITIONS.—For purposes of this section, the terms “SCORE Association” and “SCORE program” have the meaning given those terms, respectively, under section 8(c)(1) of the Small Business Act (15 U.S.C. 637(c)(1)).

(e) Technical and conforming amendments.—

(1) SMALL BUSINESS ACT.—The Small Business Act (15 U.S.C. 631 et seq.) is amended—

(A) in section 7(m)(3)(A)(i)(VIII) (15 U.S.C. 636(m)(3)(A)(i)(VIII)), by striking “Service Corps of Retired Executives” and inserting “SCORE program”; and

(B) in section 22 (15 U.S.C. 649)—

(i) in subsection (b)—

(I) in paragraph (1), by striking “Service Corps of Retired Executives” and inserting “SCORE program”; and

(II) in paragraph (3), by striking “Service Corps of Retired Executives” and inserting “SCORE program”; and

(ii) in subsection (c)(12), by striking “Service Corps of Retired Executives” and inserting “SCORE program”.

(2) OTHER LAWS.—

(A) CHILDREN’S HEALTH INSURANCE PROGRAM REAUTHORIZATION ACT OF 2009.—Section 621 of the Children’s Health Insurance Program Reauthorization Act of 2009 (15 U.S.C. 657p) is amended—

(i) in subsection (a), by striking paragraph (4) and inserting the following:

“(4) the term ‘SCORE program’ means the SCORE program authorized by section 8(b)(1)(B) of the Small Business Act (15 U.S.C. 637(b)(1)(B));”; and

(ii) in subsection (b)(4)(A)(iv), by striking “Service Corps of Retired Executives” and inserting “SCORE program”.

(B) ENERGY POLICY AND CONSERVATION ACT.—Section 337(d)(2)(A) of the Energy Policy and Conservation Act (42 U.S.C. 6307(d)(2)(A)) is amended by striking “Service Corps of Retired Executives (SCORE)” and inserting “SCORE program”.

SEC. 862. Procurement Technical Assistance Centers.

(a) Authorization to form association.—Procurement Technical Assistance Centers are authorized to form an association to pursue matters of common concern.

(b) Recognition by Secretary of Defense.—If more than half of the Procurement Technical Assistance Centers which are operating pursuant to agreements with the Department of Defense are members of such an association, the Secretary of Defense shall—

(1) recognize the existence and activities of such an association; and

(2) consult with it and develop documents—

(A) announcing the annual scope of activities pursuant to this section;

(B) requesting proposals to deliver assistance as provided in this section; and

(C) governing the general operations and administration of the Procurement Technical Assistance Program, specifically including the development of regulations and a uniform negotiated cooperative agreement for use on an annual basis when entering into individual negotiated agreements with Procurement Technical Assistance Centers.

SEC. 863. Commercialization Assistance Pilot Program.

Section 9 of the Small Business Act (15 U.S.C. 638) is amended by adding at the end the following new subsection:

“(tt) Commercialization assistance pilot programs.—

“(1) PILOT PROGRAMS IMPLEMENTED.—

“(A) IN GENERAL.—Except as provided in subparagraph (B), not later than one year after the date of the enactment of this subsection, a covered agency shall implement a commercialization assistance pilot program, under which an eligible entity may receive a subsequent Phase II SBIR award.

“(B) EXCEPTION.—If the Administrator determines that a covered agency has a program that is sufficiently similar to the commercialization assistance pilot program established under this subsection, such covered agency shall not be required to implement a commercialization assistance pilot program under this subsection.

“(2) PERCENT OF AGENCY FUNDS.—The head of each covered agency may allocate not more than 5 percent of the funds allocated to the SBIR program of the covered agency for the purpose of making a subsequent Phase II SBIR award under the commercialization assistance pilot program.

“(3) TERMINATION.—A commercialization assistance pilot program established under this subsection shall terminate on September 30, 2022.

“(4) APPLICATION.—To be selected to receive a subsequent Phase II SBIR award under a commercialization assistance pilot program, an eligible entity shall submit to the covered agency implementing such pilot program an application at such time, in such manner, and containing such information as the covered agency may require, including—

“(A) an updated Phase II commercialization plan; and

“(B) the source and amount of the matching funding required under paragraph (5).

“(5) MATCHING FUNDING.—

“(A) IN GENERAL.—The Administrator shall require, as a condition of any subsequent Phase II SBIR award made to an eligible entity under this subsection, that a matching amount (excluding any fees collected by the eligible entity receiving such award) equal to the amount of such award be provided from an eligible third-party investor.

“(B) INELIGIBLE SOURCES.—An eligible entity may not use funding from ineligible sources to meet the matching requirement of subparagraph (A).

“(6) AWARD.—A subsequent Phase II SBIR award made to an eligible entity under this subsection—

“(A) may not exceed the limitation described under subsection (aa)(1); and

“(B) shall be disbursed during Phase II.

“(7) USE OF FUNDS.—The funds awarded to an eligible entity under this subsection may only be used for research and development activities that build on eligible entity’s Phase II program and ensure the research funded under such Phase II is rapidly progressing towards commercialization.

“(8) SELECTION.—In selecting eligible entities to participate in a commercialization assistance pilot program under this subsection, the head of a covered agency shall consider—

“(A) the extent to which such award could aid the eligible entity in commercializing the research funded under the eligible entity’s Phase II program;

“(B) whether the updated Phase II commercialization plan submitted under paragraph (4) provides a sound approach for establishing technical feasibility that could lead to commercialization of such research;

“(C) whether the proposed activities to be conducted under such updated Phase II commercialization plan further improve the likelihood that such research will provide societal benefits;

“(D) whether the small business concern has progressed satisfactorily in Phase II to justify receipt of a subsequent Phase II SBIR award;

“(E) the expectations of the eligible third-party investor that provides matching funding under paragraph (5); and

“(F) the likelihood that the proposed activities to be conducted under such updated Phase II commercialization plan using matching funding provided by such eligible third-party investor will lead to commercial and societal benefit.

“(9) EVALUATION REPORT.—Not later than 3 years after the date of the enactment of this subsection, the Comptroller General of the United States shall submit to the Committee on Science, Space, and Technology and the Committee on Small Business of the House of Representatives, and the Committee on Small Business and Entrepreneurship of the Senate, a report including—

“(A) a summary of the activities of commercialization assistance pilot programs carried out under this subsection;

“(B) a detailed compilation of results achieved by such commercialization assistance pilot programs, including the number of eligible entities that received awards under such programs;

“(C) the rate at which each eligible entity that received a subsequent Phase II SBIR award under this subsection commercialized research of the recipient;

“(D) the growth in employment and revenue of eligible entities that is attributable to participation in a commercialization assistance pilot program;

“(E) a comparison of commercialization success of eligible entities participating in a commercialization assistance pilot program with recipients of an additional Phase II SBIR award under subsection (ff);

“(F) demographic information, such as ethnicity and geographic location, of eligible entities participating in a commercialization assistance pilot program;

“(G) an accounting of the funds used at each covered agency that implements a commercialization assistance pilot program under this subsection;

“(H) the amount of matching funding provided by eligible third-party investors, set forth separately by source of funding;

“(I) an analysis of the effectiveness of the commercialization assistance pilot program implemented by each covered agency; and

“(J) recommendations for improvements to the commercialization assistance pilot program.

“(10) DEFINITIONS.—For purposes of this subsection:

“(A) COVERED AGENCY.—The term ‘covered agency’ means a Federal agency required to have an SBIR program.

“(B) ELIGIBLE ENTITY.—The term ‘eligible entity’ means a small business concern that has received a Phase II award under an SBIR program and an additional Phase II SBIR award under subsection (ff) from the covered agency to which such small business concern is applying for a subsequent Phase II SBIR award.

“(C) ELIGIBLE THIRD-PARTY INVESTOR.—The term ‘eligible third-party investor’ means a small business concern other than an eligible entity, a venture capital firm, an individual investor, a non-SBIR Federal, State or local government, or any combination thereof.

“(D) INELIGIBLE SOURCES.—The term ‘ineligible sources’ means the following:

“(i) The eligible entity’s internal research and development funds.

“(ii) Funding in forms other than cash, such as in-kind or other intangible assets.

“(iii) Funding from the owners of the eligible entity, or the family members or affiliates of such owners.

“(iv) Funding attained through loans or other forms of debt obligations.

“(E) SUBSEQUENT PHASE II SBIR AWARD.—The term ‘subsequent Phase II SBIR award’ means an award granted to an eligible entity under this subsection to carry out further commercialization activities for research conducted pursuant to an SBIR program.”.

SEC. 864. Puerto Rico businesses.

(a) Definition of Puerto Rico business.—Section 3 of the Small Business Act (15 U.S.C. 632) is amended by adding at the end the following new subsection:

“(ee) Puerto Rico business.—In this Act, the term ‘Puerto Rico business’ means a small business concern that has its principal office located in the Commonwealth of Puerto Rico.”.

(b) Small business credit for Puerto Rico businesses.—Section 15 of the Small Business Act (15 U.S.C. 644) is amended by adding at the end the following new subsection:

“(w) Small business credit for Puerto Rico businesses.—

“(1) CREDIT FOR MEETING CONTRACTING GOALS.—If an agency awards a prime contract to Puerto Rico business during the period beginning on the date of enactment of this subsection and ending on the date that is 4 years after such date of enactment, the value of the contract shall be doubled for purposes of determining compliance with the goals for procurement contracts under subsection (g)(1)(A)(i) during such period.

“(2) REPORT.—Along with the report required under subsection (h)(1), the head of each Federal agency shall submit to the Administrator, and make publicly available on the scorecard described in section 868(b) of the National Defense Authorization Act for Fiscal Year 2016 (15 U.S.C. 644 note), an analysis of the number and dollar amount of prime contracts awarded pursuant to paragraph (1) for each fiscal year of the period described in such paragraph.”.

(c) Priority for surplus property transfers.—Section 7(j)(13)(F) of the Small Business Act (15 U.S.C. 636(j)(13)(F)) is amended by adding at the end the following new clause:

“(iii) (I) In this clause, the term ‘covered period’ means the period beginning on the date of enactment of this clause and ending on the date on which the Oversight Board established under section 101 of the Puerto Rico Oversight, Management, and Economic Stability Act (48 U.S.C. 2121) terminates.

“(II) The Administrator may transfer technology or surplus property under clause (i) to a Puerto Rico business if the Puerto Rico business meets the requirements for such a transfer, without regard to whether the Puerto Rico business is a Program Participant.”.

(d) Contracting incentives for protege firms that are Puerto Rico businesses.—

(1) IN GENERAL.—Section 45(a) of the Small Business Act (15 U.S.C. 657r(a)) is amended by adding at the end the following new paragraph:

“(3) PUERTO RICO BUSINESSES.—During the period beginning on the date of enactment of this paragraph and ending on the date on which the Oversight Board established under section 101 of the Puerto Rico Oversight, Management, and Economic Stability Act (48 U.S.C. 2121) terminates, the Administrator shall identify potential incentives to a covered mentor that awards a subcontract to its covered protege, including—

“(A) positive consideration in any past performance evaluation of the covered mentor;

“(B) the application of costs incurred for providing training to such covered protege to the subcontracting plan (as required under paragraph (4) or (5) of section 8(d)) of the covered mentor; and

“(C) such other incentives as the Administrator determines appropriate.”.

(2) DEFINITIONS.—Section 45(d) of the Small Business Act (15 U.S.C. 657r(d)) is amended by adding at the end the following new paragraphs:

“(4) COVERED MENTOR.—The term ‘covered mentor’ means a mentor that enters into an agreement under this Act, or under any mentor-protege program approved under subsection (b)(1), with a covered protege.

“(5) COVERED PROTEGE.—The term ‘covered protege’ means a protege of a covered mentor that is a Puerto Rico business.”.

(e) Additional mentor-protege relationships for protege firms that are Puerto Rico businesses.—Section 45(b)(3)(A) of the Small Business Act (15 U.S.C. 657r(b)(3)(A)) is amended by inserting “, except that such restrictions shall not apply to up to 2 mentor-protege relationships if such relationships are between a covered protege and covered mentor” after “each participant”.

SEC. 865. United States Virgin Islands Small Business Contracting Assistance.

(a) Short title.—This section may be cited as the “United States Virgin Islands Small Business Contracting Assistance Act of 2018”.

(b) Definition of United States Virgin Islands business.—Section 3 of the Small Business Act (15 U.S.C. 632) is amended by adding at the end the following new subsection:

“(ee) United States Virgin Islands business.—In this Act, the term ‘United States Virgin Islands business’ means a small business concern that has its principal office located in the United States Virgin Islands.”.

(c) Small business credit for United States Virgin Islands businesses.—Section 15 of the Small Business Act (15 U.S.C. 644) is amended by adding at the end the following new subsection:

“(w) Small business credit for United States Virgin Islands businesses.—

“(1) CREDIT FOR MEETING CONTRACTING GOALS.—If an agency awards a prime contract to United States Virgin Islands business during the period beginning on the date of enactment of this subsection and ending on the date that is 4 years after such date of enactment, the value of the contract shall be doubled for purposes of determining compliance with the goals for procurement contracts under subsection (g)(1)(A)(i) during such period.

“(2) REPORT.—Along with the report required under subsection (h)(1), the head of each Federal agency shall submit to the Administrator, and make publicly available on the scorecard described in section 868(b) of the National Defense Authorization Act for Fiscal Year 2016 (15 U.S.C. 644 note), an analysis of the number and dollar amount of prime contracts awarded pursuant to paragraph (1) for each fiscal year of the period described in such paragraph.”.

(d) Priority for surplus property transfers.—Section 7(j)(13)(F) of the Small Business Act (15 U.S.C. 636(j)(13)(F)) is amended by adding at the end the following new clause:

“(iii) (I) In this clause, the term ‘covered period’ means the period beginning on the date of enactment of this clause and ending on the date that is 3 years after such date of enactment.

“(II) The Administrator may transfer technology or surplus property under clause (i) to a United States Virgin Islands business during the covered period if the such business meets the requirements for such a transfer, without regard to whether such business is a Program Participant.”.

(e) Contracting incentives for protege firms that are United States Virgin Islands businesses.—

(1) IN GENERAL.—Section 45(a) of the Small Business Act (15 U.S.C. 657r(a)) is amended by adding at the end the following new paragraph:

“(3) UNITED STATES VIRGIN ISLANDS BUSINESSES.—During the period beginning on the date of enactment of this paragraph and ending on the date that is 3 years after such date of enactment, the Administrator shall identify potential incentives to a covered mentor that awards a subcontract to its covered protege, including—

“(A) positive consideration in any past performance evaluation of the covered mentor;

“(B) the application of costs incurred for providing training to such covered protege to the subcontracting plan (as required under paragraph (4) or (5) of section 8(d)) of the covered mentor; and

“(C) such other incentives as the Administrator determines appropriate.”.

(2) DEFINITIONS.—Section 45(d) of the Small Business Act (15 U.S.C. 657r(d)) is amended by adding at the end the following new paragraphs:

“(4) COVERED MENTOR.—The term ‘covered mentor’ means a mentor that enters into an agreement under this Act, or under any mentor-protege program approved under subsection (b)(1), with a covered protege.

“(5) COVERED PROTEGE.—The term ‘covered protege’ means a protege of a covered mentor that is a United States Virgin Islands business.”.

(f) Additional mentor-protege relationships for protege firms that are United States Virgin Islands businesses.—Section 45(b)(3)(A) of the Small Business Act (15 U.S.C. 657r(b)(3)(A)) is amended by inserting “, except that, during the 3-year period beginning on the date of the enactment of the United States Virgin Islands Small Business Contracting Assistance Act of 2018, such restrictions shall not apply to up to 2 mentor-protege relationships if such relationships are between a covered protege and covered mentor” after “each participant”.

SEC. 866. Opportunities for employee-owned business concerns through Small Business Administration loan programs.

(a) Definitions.—In this Act—

(1) the terms “Administration” and “Administrator” means the Small Business Administration and the Administrator thereof, respectively;

(2) the term “cooperative” means an entity that is determined to be a cooperative by the Administrator, in accordance with applicable Federal and State laws and regulations;

(3) the term “employee-owned business concern” means—

(A) a cooperative; and

(B) a qualified employee trust;

(4) the terms “qualified employee trust” and “small business concern” have the meanings given those terms in section 3 of the Small Business Act (15 U.S.C. 632); and

(5) the term “small business development center” means a small business development center described in section 21 of the Small Business Act (15 U.S.C. 648).

(b) Expansion of 7(a) loans.—

(1) IN GENERAL.—Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended—

(A) in paragraph (15)—

(i) in subparagraph (A)—

(I) by striking “this subsection to qualified employee trusts” and inserting “this subsection—

“(i) to qualified employee trusts”;

(II) in clause (i), as so designated—

(aa) by inserting “, and for any transaction costs associated with purchasing,” after “purchasing”;

(bb) by striking the period at the end and inserting “; and”; and

(III) by adding at the end the following:

“(ii) to a small business concern under a plan approved by the Administrator, if the proceeds from the loan are only used to make a loan to a qualified employee trust, and for any transaction costs associated with making that loan, that results in the qualified employee trust owning at least 51 percent of the small business concern.”;

(ii) in subparagraph (B)—

(I) in the matter preceding clause (i), by inserting “or by the small business concern” after “the trustee of such trust”;

(II) in clause (ii), by striking “and” at the end;

(III) in clause (iii), by striking the period at the end and inserting “, and”; and

(IV) by adding at the end the following:

“(iv) with respect to a loan made to a trust, or to a cooperative in accordance with paragraph (35)—

“(I) a seller of the small business concern may remain involved as an officer, director, or key employee of the small business concern when a qualified employee trust or cooperative has acquired 100 percent of ownership of the small business concern; and

“(II) any seller of the small business concern who remains as an owner of the small business concern, regardless of the percentage of ownership interest, shall be required to provide a personal guarantee by the Administration.”; and

(iii) by adding at the end the following:

“(F) A small business concern that makes a loan to a qualified employee trust under subparagraph (A)(ii) is not required to contain the same terms and conditions as the loan made to the small business concern that is guaranteed by the Administration under such subparagraph.

“(G) With respect to a loan made to a qualified employee trust under this paragraph, or to a cooperative in accordance with paragraph (35), the Administrator may, as deemed appropriate, elect to not require any mandatory equity to be provided by the qualified employee trust or cooperative to make the loan.”; and

(B) by adding at the end the following:

“(35) LOANS TO COOPERATIVES.—

“(A) DEFINITION.—In this paragraph, the term ‘cooperative’ means an entity that is determined to be a cooperative by the Administrator, in accordance with applicable Federal and State laws and regulation.

“(B) AUTHORITY.—The Administration shall guarantee loans made to a cooperative for the purpose described in paragraph (15).”.

(2) DELEGATION OF AUTHORITY TO PREFERRED LENDERS.—Section 5(b)(7) of the Small Business Act (15 U.S.C. 634(b)(7)) is amended by inserting “, including loans guaranteed under paragraph (15) or (35) of section 7(a)” after “deferred participation loans”.

(c) Small business investment company program outreach.—The Administrator shall provide outreach and educational materials to companies licensed under section 301(c) of the Small Business Investment Act of 1958 (15 U.S.C. 681(c)) to increase the use of funds to make investments in company transitions to employee-owned business concerns.

(d) Small business microloan program outreach.—The Administrator shall provide outreach and educational materials to intermediaries under section 7(m) of the Small Business Act (15 U.S.C. 636(m)) to increase the use of funds to make loans to employee-owned business concerns, including transitions to employee-owned business concerns.

(e) Small business development center outreach and assistance.—

(1) ESTABLISHMENT.—The Administrator shall establish a Small Business Employee Ownership and Cooperatives Promotion Program to offer technical assistance and training on the transition to employee ownership through cooperatives and qualified employee trusts.

(2) SMALL BUSINESS DEVELOPMENT CENTERS.—

(A) IN GENERAL.—In carrying out the program established under subsection (a), the Administrator shall enter into agreements with small business development centers under which the centers shall—

(i) provide access to information and resources on employee ownership through cooperatives or qualified employee trusts as a business succession strategy;

(ii) conduct training and educational activities; and

(iii) carry out the activities described in subparagraph (U) of section 21(c)(3) of the Small Business Act (15 U.S.C. 648(c)(3)).

(B) ADDITIONAL SERVICES.—Section 21(c)(3) of the Small Business Act (15 U.S.C. 648(c)(3)) is amended—

(i) in subparagraph (S), by striking “and” at the end;

(ii) in subparagraph (T), by striking the period at the end and inserting “; and”; and

(iii) by adding at the end the following:

“(U) encouraging and assisting the provision of succession planning to small business concerns with a focus on transitioning to cooperatives, as defined in section 7(a)(35), and qualified employee trusts (collectively referred to in this subparagraph as ‘employee-owned business concerns’), including by—

“(i) providing training to individuals to promote the successful management, governance, or operation of a business purchased by those individuals in the formation of an employee-owned business concern;

“(ii) assisting employee-owned business concerns that meet applicable size standards established under section 3(a) with education and technical assistance with respect to financing and contracting programs administered by the Administration;

“(iii) coordinating with lenders on conducting outreach on financing through programs administered by the Administration that may be used to support the transition of ownership to employees;

“(iv) supporting small business concerns in exploring or assessing the possibility of transitioning to an employee-owned business concern; and

“(v) coordinating with the cooperative development centers of the Department of Agriculture, the land grant extension network, the Manufacturing Extension Partnership, community development financial institutions, employee ownership associations and service providers, and local, regional and national cooperative associations.”.

(f) Interagency working group.—

(1) IN GENERAL.—Not later than 90 days after the date of enactment of this Act, the Administrator (or a designee of the Administrator) shall coordinate and chair an interagency working group, which shall—

(A) develop recommendations on how Federal programs can promote, support, and increase the number of employee-owned business concerns;

(B) ensure coordination with Federal agencies and national and local employee ownership, cooperative, and small business organizations; and

(C) publish a report on the activities of the interagency working group that is indexed and maintained for public review.

(2) MEETINGS.—The interagency working group shall meet at such times as determined necessary by the, but not less than biannually. Such meetings may occur in person or via electronic resources.

(g) Amendment to report to Congress on status of employee-owned firms.—Section 7(a)(15)(E) of the Small Business Act (15 U.S.C. 636(a)(15)(E)) is amended by striking “Administration.” and inserting“Administration, which shall include—

“(i) the total number of loans made to employee-owned business concerns that were guaranteed by the Administrator under section 7(a) of the Small Business Act (15 U.S.C. 636(a)) or section 502 of the Small Business Investment Act of 1958 (15 U.S.C. 696), including the number of loans made—

“(I) to small business concerns owned and controlled by socially and economically disadvantaged individuals; and

“(II) to cooperatives;

“(ii) the total number of financings made to employee-owned business concerns by companies licensed under section 301(c) of the Small Business Investment Act of 1958 (15 U.S.C. 696(c)), including the number of financings made—

“(I) to small business concerns owned and controlled by socially and economically disadvantaged individuals; and

“(II) to cooperatives; and

“(iii) any outreach and educational activities conducted by the Administration with respect to employee-owned business concerns.”.

(h) Report on cooperative lending.—

(1) SENSE OF CONGRESS.—It is the sense of Congress that cooperatives have a unique business structure and are unable to access the lending programs of the Administration effectively due to loan guarantee requirements that are incompatible with the business structure of cooperatives.

(2) STUDY AND REPORT.—

(A) STUDY.—The Administrator, in coordination with lenders, stakeholders, and Federal agencies, shall study and recommend practical alternatives for cooperatives that will satisfy the loan guarantee requirements of the Administration.

(B) REPORT.—Not later than 120 days after the date of enactment of this Act, the Administrator shall submit to Congress the recommendations developed under paragraph (1) and a plan to implement such recommendations.

(i) Amendment to definition of qualified employee trust.—Section 3(c)(2)(A)(ii) of the Small Business Act (15 U.S.C. 632(c)(2)(A)(ii)) is amended to read as follows:

“(ii) which provides that each participant is entitled to direct the plan trustee as to the manner of how to vote the qualified employer securities (as defined in section 4975(e)(8) of the Internal Revenue Code of 1986), which are allocated to the account of such participant with respect to a corporate matter which (by law or charter) must be decided by a vote conducted in accordance with section 409(e) of the Internal Revenue Code of 1986; and”.

SEC. 867. Veteran Entrepreneurship Training.

(a) Sense of Congress.—It is the sense of Congress that the Secretary of Defense should coordinate with the Administrator of the Small Business Administration to include relevant aspects of veterans assistance programs of the Small Business Administration in the Transition Assistance Program established under section 1144 of title 10, United States Code.

(b) Boots to Business Program.—Section 32 of the Small Business Act (15 U.S.C. 657b) is amended—

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

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

“(f) Boots to Business Program.—

“(1) DEFINITIONS.—In this subsection—

“(A) the term ‘covered individual’ means—

“(i) a member of the Armed Forces, including the National Guard or Reserves;

“(ii) an individual who is participating in the Transition Assistance Program established under section 1144 of title 10, United States Code;

“(iii) an individual who—

“(I) served on active duty in any branch of the Armed Forces, including the National Guard or Reserves; and

“(II) was discharged or released from such service under conditions other than dishonorable; and

“(iv) a spouse or dependent of an individual described in clause (i), (ii), or (iii); and

“(B) the term ‘Vet Center’ has the meaning given in section 1712A(h) of title 38, United States Code.

“(2) ESTABLISHMENT.—The Administrator shall carry out a program to be known as the ‘Boots to Business Program’ to provide entrepreneurship training to covered individuals.

“(3) GOALS.—The goals of the Boots to Business Program are to—

“(A) provide assistance and in-depth training to covered individuals interested in business ownership; and

“(B) provide covered individuals with the tools, skills, and knowledge necessary to identify a business opportunity, draft a business plan, identify sources of capital, connect with local resources for small business concerns, and launch a small business concern.

“(4) PROGRAM COMPONENTS.—

“(A) IN GENERAL.—The Boots to Business Program may include—

“(i) a presentation providing exposure to the considerations involved in self-employment and ownership of a small business concern;

“(ii) an online, self-study course focused on the basic skills of entrepreneurship, the language of business, and the considerations involved in self-employment and ownership of a small business concern;

“(iii) an in-person classroom instruction component providing an introduction to the foundations of self employment and ownership of a small business concern; and

“(iv) in-depth training delivered through online instruction, including an online course that leads to the creation of a business plan.

“(B) COLLABORATION.—The Administrator may—

“(i) collaborate with public and private entities to develop course curricula for the Boots to Business Program; and

“(ii) modify program components in coordination with entities participating in a Warriors in Transition program, as defined in section 738(e) of the National Defense Authorization Act for Fiscal Year 2013 (10 U.S.C. 1071 note).

“(C) UTILIZATION OF RESOURCE PARTNERS.—

“(i) IN GENERAL.—The Administrator shall—

“(I) ensure that Veteran Business Outreach Centers regularly participate, on a nationwide basis, in the Boots to Business Program; and

“(II) to the maximum extent practicable, use a variety of other resource partners and entities in administering the Boots to Business Program.

“(ii) GRANT AUTHORITY.—In carrying out clause (i), the Administrator may make grants to Veteran Business Outreach Centers, other resource partners, or other entities to carry out components of the Boots to Business Program.

“(D) AVAILABILITY TO DEPARTMENT OF DEFENSE.—The Administrator shall make available to the Secretary of Defense information regarding the Boots to Business Program, including all course materials created for the Boots to Business Program, for inclusion on the website of the Department of Defense relating to the Transition Assistance Program, in the Transition Assistance Program manual, and in other relevant materials available for distribution from the Secretary of Defense.

“(E) AVAILABILITY TO VETERANS AFFAIRS.—In consultation with the Secretary of Veterans Affairs, the Administrator shall make available outreach materials regarding the Boots to Business Program for distribution and display at local facilities of the Department of Veterans Affairs which shall, at a minimum—

“(i) describe the Boots to Business Program and the services provided; and

“(ii) include eligibility requirements for participating in the Boots to Business Program.

“(5) REVIEW.—The Inspector General of the Administration shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives an annual report regarding the awarding of grants to entities under paragraph (4)(C).

“(6) REPORT.—Not later than 180 days after the date of enactment of this subsection and every year thereafter, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the performance and effectiveness of the Boots to Business Program, which may be included as part of another report submitted to such Committees by the Administrator, and which shall include—

“(A) the number of program participants using each component of the Boots to Business Program;

“(B) the completion rates for each component of the Boots to Business Program;

“(C) to the extent possible—

“(i) the demographics of program participants, to include gender, age, race, relationship to military, military occupational specialty, and years of service of program participants;

“(ii) the number of small business concerns formed or expanded with assistance under the Boots to Business Program;

“(iii) the gross receipts of small business concerns receiving assistance under the Boots to Business Program;

“(iv) the number of jobs created with assistance under the Boots to Business Program;

“(v) the number of referrals to other resources and programs of the Administration;

“(vi) the number of program participants receiving financial assistance under loan programs of the Administration;

“(vii) the type and dollar amount of financial assistance received by program participants under any loan program of the Administration; and

“(viii) results of participant satisfaction surveys, including a summary of any comments received from program participants;

“(D) an evaluation of the effectiveness of the Boots to Business Program in each region of the Administration during the most recent fiscal year;

“(E) an assessment of additional performance outcome measures for the Boots to Business Program, as identified by the Administrator;

“(F) any recommendations of the Administrator for improvement of the Boots to Business Program, which may include expansion of the types of individuals who are covered individuals;

“(G) an explanation of how the Boots to Business Program has been integrated with other transition programs and related resources of the Administration and other Federal agencies; and

“(H) any additional information the Administrator determines necessary.”.

SEC. 868. Improvement of small business development centers program.

(a) Use of authorized entrepreneurial development programs.—The Small Business Act (15 U.S.C. 631 et seq.), as amended by this Act, is amended—

(1) by redesignating section 48 as section 49; and

(2) by inserting after section 47 the following new section:

“SEC. 48. Use of authorized entrepreneurial development programs.

“(a) Expanded support for entrepreneurs.—

“(1) IN GENERAL.—Notwithstanding any other provision of law, the Administrator shall only deliver entrepreneurial development services, entrepreneurial education, support for the development and maintenance of clusters, or business training through a program authorized under—

“(A) section 7(j), 7(m), 8(a), 8(b)(1), 21, 22, 29, or 32 of this Act; or

“(B) sections 358 or 389 of the Small Business Investment Act of 1958.

“(2) EXCEPTION.—This section shall not apply to services provided to assist small business concerns owned by an Indian tribe (as such term is defined in section 8(a)(13)).

“(b) Annual report.—Beginning on the first December 1 after the date of the enactment of this subsection, the Administrator shall annually report to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate on all entrepreneurial development activities undertaken in the current fiscal year through a program described in subsection (a). Such report shall include—

“(1) a description and operating details for each program and activity;

“(2) operating circulars, manuals, and standard operating procedures for each program and activity;

“(3) a description of the process used to award grants under each program and activity;

“(4) a list of all awardees, contractors, and vendors (including organization name and location) and the amount of awards for the current fiscal year for each program and activity;

“(5) the amount of funding obligated for the current fiscal year for each program and activity; and

“(6) the names and titles for those individuals responsible for each program and activity.”.

(b) Marketing of services.—Section 21 of the Small Business Act (15 U.S.C. 648) is amended by adding at the end the following:

“(o) No prohibition of marketing of services.—The Administrator shall not prohibit applicants receiving grants under this section from marketing and advertising their services to individuals and small business concerns.”.

(c) Data collection.—

(1) IN GENERAL.—Section 21(a)(3)(A) of the Small Business Act (15 U.S.C. 648(a)(3)(A)) is amended—

(A) by striking “as provided in this section and” and inserting “as provided in this section,”; and

(B) by inserting before the period at the end the following: “, and (iv) governing data collection activities related to applicants receiving grants under this section”.

(2) ANNUAL REPORT ON DATA COLLECTION.—Section 21 of the Small Business Act (15 U.S.C. 648), as amended by subsection (b), is further amended by adding at the end the following:

“(p) Annual report on data collection.—The Administrator shall report annually to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate on any data collection activities related to the Small Business Development Center Program.”.

(3) WORKING GROUP TO IMPROVE DATA COLLECTION.—

(A) ESTABLISHMENT AND STUDY.—The Administrator of the Small Business Administration shall establish a group to be known as the “Data Collection Working Group ” consisting of members from entrepreneurial development grant recipients associations and organizations and officials from the Small Business Administration, to carry out a study to determine the best way to capture data collection and create or revise existing systems dedicated to data collection.

(B) REPORT.—Not later than the end of the 180-day period beginning on the date of the enactment of this Act, the Data Collection Working Group shall issue a report to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate containing the findings and determinations made in carrying out the study required under paragraph (1), including—

(i) recommendations for revising existing data collection practices; and

(ii) a proposed plan for the Small Business Administration to implement such recommendations.

(d) Fees from private partnerships and cosponsorships.—Section 21(a)(3) of the Small Business Act (15 U.S.C. 648(a)(3)(C)), as amended by subsection (c), is further amended by adding at the end the following:

“(D) Fees from private partnerships and cosponsorships.—A small business development center that participates in a private partnership or cosponsorship with the Administration shall not be prohibited from collecting fees or other income related to the operation of such a private partnership or cosponsorship.”.

(e) Equity for small business development centers.—Subclause (I) of section 21(a)(4)(C)(v) of the Small Business Act (15 U.S.C. 648(a)(4)(C)(v)) is amended to read as follows:

“(I) IN GENERAL.—Of the amounts made available in any fiscal year to carry out this section, not more than $600,000 may be used by the Administration to pay expenses enumerated in subparagraphs (B) through (D) of section 20(a)(1).”.

(f) Confidentiality requirements.—Section 21(a)(7)(A) of the Small Business Act (15 U.S.C. 648(a)(7)(A)) is amended by inserting after “under this section” the following: “to any State, local, or Federal agency, or to any third party”.

(g) Limitation on award of grants to small business development centers.—

(1) IN GENERAL.—Section 21 of the Small Business Act (15 U.S.C. 648), as amended by subsection (c), is further amended—

(A) in subsection (a)(1), by striking “any women's business center operating pursuant to section 29,”; and

(B) by adding at the end the following:

“(q) Limitation on award of grants.—Except for not-for-profit institutions of higher education, and notwithstanding any other provision of law, the Administrator may not award grants (including contracts and cooperative agreements) under this section to any entity other than those that received grants (including contracts and cooperative agreements) under this section prior to the date of the enactment of this subsection, and that seek to renew such grants (including contracts and cooperative agreements) after such date.”.

(2) RULE OF CONSTRUCTION.—The amendments made by this section may not be construed as prohibiting a women’s business center (as described under section 29 of the Small Business Act (15 U.S.C. 656)) from receiving a subgrant from an entity receiving a grant under section 21 of the Small Business Act (15 U.S.C. 648).

subtitle FOther Matters

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

Section 2322a of title 10, United States Code, is amended by adding at the end the following new subsections:

“(c) Rights to noncommercial computer software.—As part of any negotiation for the acquisition of noncommercial computer software, the Secretary of Defense may not require a contractor to sell or otherwise relinquish to the Federal Government any rights to noncommercial computer software developed exclusively at private expense, except for rights related to—

“(1) corrections or changes to such software or documentation related to such software furnished to the contractor by the Department of Defense;

“(2) such software or documentation related to such software that is otherwise publicly available or that has been released or disclosed by the contractor or subcontractor without restrictions on further use, release, or disclosure, other than a release or disclosure resulting from the sale, transfer, or other assignment of interest in such software or documentation to another party.

“(3) such software or documentation related to such software obtained with unlimited rights under another contract with the Federal Government or as a result of such a negotiation; or

“(4) such software or documentation related to such software furnished to the Department of Defense under a contract or subcontract that includes—

“(A) restricted rights in such software, limited rights in technical data, or government purpose rights, where such restricted rights, limited rights, or government purpose rights have expired; or

“(B) government purpose rights, where the contractor’s exclusive right to use such software or documentation for commercial purposes has expired.

“(d) Consideration of specially negotiated licenses.—The Secretary of Defense shall, to the maximum extent practicable, negotiate and enter into a contract with a contractor for a specially negotiated license for noncommercial computer software or documentation related to such software necessary to support the product support strategy of a major weapon system or subsystem of a major weapon system.”.

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

Section 2432(c)(1)(B) of title 10, United States Code, is amended by striking “, along with the associated risk and sensitivity analysis of that estimate” each place it appears.

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

(a) In general.—Subchapter V of chapter 148 of title 10, United States Code, is amended by inserting after section 2533b the following new section:

§ 2533c. Prohibition on acquisition of sensitive materials from non-allied foreign nations

“(a) In general.—Except as provided in subsection (c), the Secretary of Defense may not—

“(1) procure any end item containing a covered material from any covered nation, except as provided by subsection (c); or

“(2) sell any covered material from the National Defense Stockpile, if the National Defense Stockpile Manager determines that such a sale is not in the national interests of the United States, to—

“(A) any covered nation; or

“(B) any third party that the Secretary reasonably believes is acting as a broker or agent for a covered nation or an entity in a covered nation.

“(b) Extension.—Subsection (a) shall apply to prime contracts and subcontracts at any tier.

“(c) Exceptions.—Subsection (a) does not apply under the following circumstances:

“(1) If the Secretary of Defense determines that covered materials of satisfactory quality and quantity, in the required form, cannot be procured as and when needed.

“(2) To the procurement of an end item described in subsection (a)(1) or the sale of any covered material described under subsection (a)(1) by the Secretary outside of the United States for use outside of the United States.

“(3) To the purchase by the Secretary of an end item containing a covered material that is—

“(A) a commercially available off-the-shelf item (as defined in section 104 of title 41); or

“(B) an electronic device, unless the Secretary of Defense, upon the recommendation of the Strategic Materials Protection Board pursuant to section 187 of this title, determines that the domestic availability of a particular electronic device is critical to national security.

“(d) Definitions.—In this section:

“(1) COVERED MATERIAL.—The term ‘covered material’ means—

“(A) samarium-cobalt magnets;

“(B) neodymium-iron-boron magnets;

“(C) tungsten penetrators; and

“(D) tungsten or tungsten alloy spheres and cubes.

“(2) COVERED NATION.—The term ‘covered nation’ means—

“(A) the Democratic People's Republic of North Korea;

“(B) the People's Republic of China;

“(C) the Russian Federation; and

“(D) the Islamic Republic of Iran.

“(3) END ITEM.—The term ‘end item’ has the meaning given in section 2533b(m) of this title.”.

(b) Clerical amendment.—The table of contents at the beginning of such subchapter is amended by inserting after the item relating to section 2533b the following item:


“2533c. Prohibition on acquisition of sensitive materials from non-allied foreign nations.”.

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

(a) Transfer and possession exceptions.—Section 922(o)(2) of title 18, United States Code, is amended—

(1) in subparagraph (A), by striking “or by” and inserting “, by, or under the authority of”;

(2) by striking “or” at the end of subparagraph (A);

(3) by striking the period at the end of subparagraph (B) and inserting a semicolon; and

(4) by inserting after subparagraph (B) the following new subparagraphs:

“(C) a transfer to, or possession by, a licensed manufacturer or licensed importer (if, with respect to a transfer, such transfer has been approved by the Attorney General in accordance with law) for purposes of—

“(i) joint production of a weapon, or integration or incorporation into another article or device;

“(ii) calibration, testing, or research and development;

“(iii) permanent or temporary export, or temporary import, otherwise in accordance with law; or

“(iv) training of Federal, State, local, or foreign government personnel;

“(D) a transfer to, or possession by, a licensee for the purpose of repair and return of the same to a lawful possessor; or

“(E) notwithstanding subsection (g)(5)(B), possession by foreign government personnel for official training purposes under the direct and continuous supervision of an authorized Federal, State, or local government official, or a licensee as described in subparagraph (C), provided that, upon completion of the training, such foreign government personnel shall relinquish possession of the same to such official or licensee.”.

(b) Importation requirements.—Section 925(d) of such title is amended—

(1) in paragraph (3)—

(A) by inserting “except as provided in paragraph (5),” before “is of”; and

(B) by striking “or” at the end;

(2) in paragraph (4), by striking the period at the end and inserting “; or”; and

(3) by inserting after paragraph (4) the following new paragraph:

“(5) is being imported or brought in by a licensed manufacturer or licensed importer in conformity with, and solely for a purpose described in subparagraph (A), (C), (D), or (E) of section 922(o)(2).”.

(c) Effective date.—This section and the amendments made by this section shall take effect 30 days after the date of the enactment of this Act.

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

Section 1703(j) of title 41, United States Code, is amended—

(1) in paragraph (1)—

(A) by striking “sections 3304, 5333, and 5753 of title 5” and inserting “section 3304 of title 5”;

(B) by striking “authorities in those sections” and inserting “authority in such section”; and

(C) by striking “certain Federal acquisition positions (as described in subsection (g)(1)(A))” and inserting “the Federal acquisition provisions described in paragraph (2)”; and

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

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

“(2) POSITIONS DESCRIBED.—The Federal acquisition positions described in this paragraph are the following:

“(A) Any position listed in (g)(1)(A).

“(B) All positions in the General Schedule Realty series (GS–1170).”; and

(4) in paragraph (3) (as so redesignated), by striking “September 30, 2017” and inserting “September 30, 2021”.

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

Section 841(n) of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 127 Stat. 3455; 10 U.S.C. 2302 note) is amended by striking “December 31, 2019” and inserting “December 31, 2021”.

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

Section 817(b) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 2306a note) is amended—

(1) by striking paragraph (1); and

(2) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively.

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

(a) Report required.—Not later than December 31, 2018, and each December 31 thereafter through December 31, 2021, the Secretary of Defense shall submit to the congressional defense committees a report covering the preceding fiscal year on projects described in subsection (b).

(b) Contents.—Each report under subsection (a) shall include—

(1) for each project performed through a transaction (other than contracts, cooperative agreements, and grants) entered into pursuant to section 2371 or 2371b of title 10, United States Code, for which payments made by the Department of Defense exceeded $5,000,000 for such transaction—

(A) an identification of the element of the Department of Defense and the person or entity outside of the Department of Defense entering into such transaction;

(B) the date of entry into such transaction;

(C) the amount of the payments made by the Department of Defense for such transaction;

(D) the goals and status of each project carried out under such transaction; and

(E) the start date and anticipated end date of each project carried out under such transaction; and

(2) a description of the mechanisms, including any policies, guidance, and reporting requirements, established by the Secretary of Defense to regulate the use of authority relating to a transaction (other than contracts, cooperative agreements, and grants) entered into pursuant to section 2371 or 2371b of title 10, United States Code.

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

(a) Briefing required.—Not later than March 1, 2019, the Secretary of Defense shall provide a briefing to the Committee on Armed Services of the House of Representatives on a plan to standardize the formatting and public accessibility of unclassified Department of Defense reports required by Congress. Such briefing shall include a description of the method—

(1) for ensuring that reports are created in a platform-independent, machine-readable format that can be retrieved, downloaded, indexed, and searched by commonly used web search applications; and

(2) for providing a publically accessible online repository of unclassified reports of the Department of Defense issued since January 1, 2010, including protocols for inclusion of unclassified reports that, as determined by the Secretary, may not be appropriate for public release in their entirety.

(b) Implementation.—Such plan shall be implemented not later than March 1, 2020.

SEC. 880. Defending United States Government communications.

(a) Findings.—Congress makes the following findings:

(1) In its 2011 “Annual Report to Congress on Military and Security Developments Involving the People’s Republic of China”, the Department of Defense stated that, “China’s defense industry has benefitted from integration with a rapidly expanding civilian economy and science and technology sector, particularly elements that have access to foreign technology. Progress within individual defense sectors appears linked to the relative integration of each, through China’s civilian economy, into the global production and R&D chain . . . Information technology companies in particular, including Huawei, Datang, and Zhongxing, maintain close ties to the PLA.”.

(2) In a 2011 report titled “The National Security Implications of Investments and Products from the People's Republic of China in the Telecommunications Sector”, the United States China Commission stated that “[n]ational security concerns have accompanied the dramatic growth of China's telecom sector. . . . Additionally, large Chinese companies—particularly those ‘national champions’ prominent in China’s ‘going out’ strategy of overseas expansion—are directly subject to direction by the Chinese Communist Party, to include support for PRC state policies and goals.”.

(3) The Commission further stated in its report that “[f]rom this point of view, the clear economic benefits of foreign investment in the U.S. must be weighed against the potential security concerns related to infrastructure components coming under the control of foreign entities. This seems particularly applicable in the telecommunications industry, as Chinese companies continue systematically to acquire significant holdings in prominent global and U.S. telecommunications and information technology companies.”.

(4) In its 2011 Annual Report to Congress, the United States China Commission stated that “[t]he extent of the state’s control of the Chinese economy is difficult to quantify . . . There is also a category of companies that, though claiming to be private, are subject to state influence. Such companies are often in new markets with no established SOE leaders and enjoy favorable government policies that support their development while posing obstacles to foreign competition. Examples include Chinese telecoms giant Huawei and such automotive companies as battery maker BYD and vehicle manufacturers Geely and Chery.”.

(5) General Michael Hayden, who served as Director of the Central Intelligence Agency and Director of the National Security Agency, stated in July 2013 that Huawei had “shared with the Chinese state intimate and extensive knowledge of foreign telecommunications systems it is involved with.”.

(6) The Federal Bureau of Investigation, in a February 2015 Counterintelligence Strategy Partnership Intelligence Note stated that, “[w]ith the expanded use of Huawei Technologies Inc. equipment and services in U.S. telecommunications service provider networks, the Chinese Government’s potential access to U.S. business communications is dramatically increasing. Chinese Government-supported telecommunications equipment on U.S. networks may be exploited through Chinese cyber activity, with China’s intelligence services operating as an advanced persistent threat to U.S. networks.”.

(7) The Federal Bureau of Investigation further stated in its February 2015 counterintelligence note that, “China makes no secret that its cyber warfare strategy is predicated on controlling global communications network infrastructure.”.

(8) At a hearing before the Committee on Armed Services of the House of Representatives on September 30, 2015, Deputy Secretary of Defense Robert Work, responding to a question about the use of Huawei telecommunications equipment, stated, “In the Office of the Secretary of Defense, absolutely not. And I know of no other—I don’t believe we operate in the Pentagon, any [Huawei] systems in the Pentagon.”.

(9) At such hearing, the Commander of the United States Cyber Command, Admiral Mike Rogers, responding to a question about why such Huawei telecommunications equipment is not used, stated, “as we look at supply chain and we look at potential vulnerabilities within the system, that it is a risk we felt was unacceptable.”.

(10) In March 2017, ZTE Corporation pled guilty to conspiring to violate the International Emergency Economic Powers Act by illegally shipping United States-origin items to Iran, paying the United States Government a penalty of $892,360,064 dollars for activity between January 2010 and January 2016.

(11) The Treasury Department’s Office of Foreign Assets Control issued a subpoena to Huawei as part of a Federal investigation of alleged violations of trade restrictions on Cuba, Iran, Sudan, and Syria.

(12) In the bipartisan Permanent Select Committee on Intelligence of the House of Representatives “Investigative Report on the United States National Security Issues Posed by Chinese Telecommunication Companies Huawei and ZTE” released in 2012, it was recommended that “U.S. government systems, particularly sensitive systems, should not include Huawei or ZTE equipment, including in component parts. Similarly, government contractors—particularly those working on contracts for sensitive U.S. programs—should exclude ZTE or Huawei equipment in their systems.”.

(13) Christopher Wray, who serves as Director of the Federal Bureau of Investigation, stated in February 2018 during a hearing of the Select Committee on Intelligence of the Senate that he was “deeply concerned about the risks of allowing any company or entity that is beholden to foreign governments that don’t share our values to gain positions of power inside our telecommunications networks. That provides the capacity to exert pressure or control over our telecommunications infrastructure. It provides the capacity to maliciously modify or steal information. And it provides the capacity to conduct undetected espionage.” Admiral Mike Rogers, who served as Director of the National Security Agency, agreed with Director Wray’s characterization, and added that Government programs need “to look long and hard at companies like this”.

(14) Director of National Intelligence Dan Coats, Federal Bureau of Investigation Director Christopher Wray, Director of the Defense Intelligence Agency General Robert Ashley, Director of the National Geospatial-Intelligence Agency Robert Cardillo, Director of the National Security Agency Admiral Michael Rogers, and Director of the Central Intelligence Agency Michael Pompeo all indicated by show of hands in February 2018 at a hearing of the Select Committee on Intelligence of the Senate that they would not “use products or services from Huawei or ZTE”.

(15) General Paul Nakasone, who served as the Commanding General of United States Army Cyber Command, stated during his confirmation hearing to be National Security Agency director in March 2018 before the Select Committee on Intelligence of the Senate that he “would not” use any Huawei, China Unicom, or China Telecom products nor would he recommend his family do so.

(b) Prohibition on certain telecommunications or video surveillance services or equipment.—

(1) PROHIBITION ON AGENCY USE OR PROCUREMENT.—Except as provided in paragraph (3), beginning not later than January 1, 2021, the head of an agency may not procure or obtain, may not extend or renew a contract to procure or obtain, and may not enter into a contract (or extend or renew a contract) with an entity that uses any equipment, system, or service that uses covered telecommunications or video surveillance equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The prohibitions described in this paragraph include the obligation or expenditure of loans or grant funds to procure or obtain, extend or renew a contract to procure or obtain, or enter into a contract (or extend or renew a contract) to procure or obtain covered telecommunications equipment or services.

(2) IMPLEMENTATION PLAN.—By not later than 180 days after the date of the enactment of this Act, each agency shall develop a plan to implement paragraph (1) throughout the agency’s supply chain and shall submit such plan to the appropriate congressional committees. Each such plan shall be submitted in unclassified form, but may contain a classified annex. The plan for an agency shall include, but not be limited to, how the agency plans to deal with the impact of white label technology on its supply chain whereby the original manufacturer of technology is not readily apparent to a purchaser or user.

(3) WAIVER.—The head of an agency may, on a one time basis, waive the requirement under paragraph (1) with respect to an entity that requests such a waiver. Such a waiver may be provided for a period of not more than two years if the entity seeking the waiver—

(A) can demonstrate a compelling justification for additional time to implement such paragraph;

(B) submits to the head of the agency, who then submits to the appropriate congressional committees within 30 days, a full and complete laydown of the presence of covered telecommunications or video surveillance equipment or services in the entity’s supply chain and a phase-out plan to eliminate such covered telecommunications or video surveillance equipment or services from its systems;

(C) does not permit real-time access to its networks to an entity located or substantially located in a covered foreign country; and

(D) provides a written guarantee to the head of the agency that it will not procure such covered telecommunications or video surveillance equipment or services again.

(4) COVERED COMPONENTS.—With respect to a covered component of an entity for which such entity reasonably believes will not need to be replaced during the 5-year period beginning on the date of the enactment of this Act, such entity shall provide a written assurance to the head of the agency for which such covered component is in use that such entity shall replace such covered component, at the end of such covered component’s reasonable lifecycle, with a comparable component that is manufactured by a person other than Huawei Technologies Company, Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, Dahua Technology Company, or ZTE Corporation (or any subsidiary, successor entity, or affiliate of such entities).

(5) DEFINITIONS.—In this section:

(A) The term “appropriate congressional committees” means the Committees on Armed Services of the Senate and House of Representatives, the Permanent Select Committee on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate.

(B) The term “agency” has the meaning given that term in section 551 of title 5, United States Code.

(C) The term “covered foreign country” means the People’s Republic of China.

(D) The term “covered telecommunications or video surveillance equipment or services” means any of the following:

(i) Telecommunications or video surveillance equipment produced by Huawei Technologies Company, Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, Dahua Technology Company, or ZTE Corporation (or any subsidiary, successor entity, or affiliate of such entities).

(ii) Telecommunications or video surveillance services provided by such entities or using such equipment.

(iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the head of the relevant agency reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

(E) The term “covered component” means any component that—

(i) is part of any equipment, system, or service that uses covered telecommunications or video surveillance equipment or services;

(ii) is produced by Huawei Technologies Company, Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, Dahua Technology Company, or ZTE Corporation (or any subsidiary, successor entity, or affiliate of such entities); and

(iii) cannot route or redirect data traffic or visibility into any data or packets such equipment, system, or service transmits or manipulates.

(c) Report.—

(1) IN GENERAL.—The Director of National Intelligence, in coordination with the Director of the Federal Bureau of Investigation and the Secretaries of State, Homeland Security, and Defense, shall develop a report outlining the national security risks of use of Huawei, Hytera, Hikvision, Dahua, and ZTE technology, especially as it relates to evidence of malicious software or hardware that enables unauthorized network access or control and the type and level of risk, and a plan to share such report, based on appropriate access to classified information, with U.S. allies, partners, and U.S. cleared defense contractors and telecommunications services providers.

(2) UNCLASSIFIED VERSION.—In addition to the classified report required by paragraph (1), an unclassified version of the report shall be made available for U.S. allies and partners as well as impacted telecommunication companies State and local governments that do not have access to classified information.

(3) DEADLINE.—The reports required by paragraph (1) and paragraph (2) of this subsection shall be submitted to the appropriate congressional committees (as defined in subsection (b)(4) of this section) not later than 180 days after the date of the enactment of this Act.

SEC. 881. Promotion of the use of Government-wide and other interagency contracts.

Section 865(b)(1) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 31 U.S.C. 1535 note) is amended—

(1) by striking “that all interagency acquisitions—” and inserting “that—”;

(2) in subparagraph (A)—

(A) by inserting “all interagency assisted acquisitions” before “include”; and

(B) by inserting “and” after the semicolon;

(3) by striking subparagraph (B); and

(4) by redesignating subparagraph (C) as subparagraph (B), and in that subparagraph by inserting “all interagency assisted acquisitions” before “include”.

SEC. 882. Increasing competition at the task order level.

Section 3306(c) of title 41, United States Code, is amended—

(1) in paragraph (1), by inserting “except as provided in paragraph (3),” in subparagraphs (B) and (C) after the subparagraph designation; and

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

“(3) EXCEPTIONS FOR CERTAIN INDEFINITE DELIVERY, INDEFINITE QUANTITY MULTIPLE-AWARD CONTRACTS AND CERTAIN FEDERAL SUPPLY SCHEDULE CONTRACTS FOR SERVICES ACQUIRED ON AN HOURLY RATE.—If an executive agency issues a solicitation for one or more contracts for services to be acquired on an hourly rate basis under the authority of sections 4103 and 4106 of this title or section 152(3) of this title and section 501(b) of title 40 and the executive agency intends to make a contract award to each qualifying offeror and the contract or contracts will feature individually competed task or delivery orders based on hourly rates—

“(A) the contracting officer need not consider price as an evaluation factor for contract award; and

“(B) if, pursuant to subparagraph (A), price is not considered as an evaluation factor for contract award—

“(i) the disclosure requirement of subparagraph (C) of paragraph (1) shall not apply; and

“(ii) cost or price to the Federal Government shall be considered in conjunction with the issuance pursuant to sections 4106(c) and 152(3) of this title of any task or delivery order under any contract resulting from the solicitation.

“(4) DEFINITION.—In paragraph (3), the term ‘qualifying offeror’ means an offeror that—

“(A) is determined to be a responsible source;

“(B) submits a proposal that conforms to the requirements of the solicitation;

“(C) meets all technical requirements; and

“(D) is otherwise eligible for award.”.

SEC. 883. Individual acquisition for commercial leasing services.

(a) In general.—For the purpose of section 863 of Public Law 110–417, an individual acquisition for commercial leasing services shall not be construed as a purchase of property or services if such individual acquisition is made on a no cost basis and pursuant to a multiple award contract awarded in accordance with requirements for full and open competition.

(b) Audit.—The Comptroller General of the United States shall—

(1) conduct biennial audits of the General Services Administration National Broker Contract to determine—

(A) whether brokers selected under the program provide lower lease rental rates than rates negotiated by General Services Administration staff; and

(B) the impact of the program on the length of time of lease procurements;

(2) conduct a review of whether the application of section 863 of Public Law 110–417 to acquisitions for commercial leasing services resulted in rental cost savings for the Government during the years in which such section was applicable prior to the date of enactment of this section; and

(3) not later than September 30, 2019, and September 30, 2021, submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that—

(A) summarizes the results of the audit and review required by paragraphs (1) and (2);

(B) includes an assessment of whether the National Broker Contract provides greater efficiencies and savings than the use of General Services Administration staff; and

(C) includes recommendations for improving General Services Administration lease procurements.

(c) Termination.—This section shall terminate on December 31, 2022.

SEC. 884. Procurement administrative lead time definition and plan.

(a) In general.—Not later than 180 days after the date of the enactment of this Act, the Administrator for Federal Procurement Policy shall develop, make available for public comment, and finalize—

(1) a definition of the term “Procurement administrative lead time” or “PALT”, to be applied Government-wide, that describes the amount of time from the date on which a solicitation for a contract or task order is issued to the date of an initial award of the contract or task order; and

(2) a plan for measuring and publicly reporting data on PALT for Federal Government contracts and task orders in amounts greater than the simplified acquisition threshold.

(b) Requirement for definition.—Unless the Administrator determines otherwise, the amount of time in the definition of PALT developed under subsection (a) shall—

(1) begin on the date on which an initial solicitation is issued by a Federal department or agency for a contract or task order; and

(2) end on the date of the award of the contract or task order.

(c) Coordination.—In developing the definition of PALT, the Administrator shall coordinate with—

(1) the senior procurement executives of Federal agencies;

(2) the Secretary of Defense; and

(3) the Administrator of the General Services Administration on modifying the existing data system of the Federal Government to determine the date on which the initial solicitation is issued.

(d) Use of existing procurement data system.—In developing the plan for measuring and publicly reporting data on PALT required by subsection (a), the Administrator shall, to the maximum extent practicable, rely on the information contained in the Federal procurement data system established pursuant to section 1122(a)(4) of title 41, United States Code, including any modifications to that system.

SEC. 885. Report on funding of product support strategies.

(a) Report required.—For each of the fiscal years 2020, 2021, and 2022, the Secretary of Defense shall include with the budget for the Department of Defense, as submitted to Congress pursuant to section 1105 of title 31, United States Code, a report regarding the funding for product support strategies for major weapon systems. The Secretary may submit this report separately, or as part of the annex required by section 347 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91).

(b) Contents.—The report shall include for each major weapon system—

(1) a current estimate of the total funding required for the product support strategy for the lifecycle of the weapon system;

(2) a current estimate of the funding required for the product support strategy per year, by appropriation and budget activity, over the future years defense program for the weapon system;

(3) a summary of the funding requested for the product support strategy in the future years defense program per year, by appropriation and budget activity, for the weapon system;

(4) should the amounts required pursuant to paragraph (2) differ from the amounts requested pursuant to paragraph (3) by more than 5 percent, an explanation for the variance and a description of the actions that will be taken to mitigate the risk to the sustainment of the weapon system;

(5) a summary of the amounts expended, by appropriation and budget activity, for the product support strategy of the weapon system during the prior fiscal year; and

(6) should the amounts expended in the prior fiscal year pursuant to paragraph (5) differ from the amounts required for that fiscal year, pursuant to paragraph (2) by more than 5 percent, an explanation for the variance and a description of the actions that will be taken to mitigate the risk to the sustainment of the weapon system.

SEC. 886. Use of lowest price technically acceptable source selection process.

(a) Statement of policy.—It shall be the policy of the United States Government to avoid using lowest price technically acceptable source selection criteria in circumstances that would deny the Government the benefits of cost and technical tradeoffs in the source selection process.

(b) Revision of federal acquisition regulation.—Not later than 120 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be revised to require that, for solicitations issued on or after the date that is 120 days after the date of the enactment of this Act, lowest price technically acceptable source selection criteria are used only in situations in which—

(1) an executive agency is able to comprehensively and clearly describe the minimum requirements expressed in terms of performance objectives, measures, and standards that will be used to determine acceptability of offers;

(2) the executive agency would realize no, or minimal, value from a contract proposal exceeding the minimum technical or performance requirements set forth in the request for proposal;

(3) the proposed technical approaches will require no, or minimal, subjective judgment by the source selection authority as to the desirability of one offeror’s proposal versus a competing proposal;

(4) the source selection authority has a high degree of confidence that a review of technical proposals of offerors other than the lowest bidder would not result in the identification of factors that could provide value or benefit to the executive agency;

(5) the contracting officer has included a justification for the use of a lowest price technically acceptable evaluation methodology in the contract file; and

(6) the executive agency has determined that the lowest price reflects full life-cycle costs, including for operations and support.

(c) Avoidance of use of lowest price technically acceptable source selection criteria in certain procurements.—To the maximum extent practicable, the use of lowest price technically acceptable source selection criteria shall be avoided in the case of a procurement that is predominately for the acquisition of—

(1) information technology services, cybersecurity services, systems engineering and technical assistance services, advanced electronic testing, audit or audit readiness services, or other knowledge-based professional services;

(2) personal protective equipment; or

(3) knowledge-based training or logistics services in contingency operations or other operations outside the United States, including in Afghanistan or Iraq.

(d) Reporting.—Not later than one year after the date of the enactment of this Act, and annually thereafter for three years, the Comptroller General of the United States shall submit to the appropriate congressional committees a report on the number of instances in which lowest price technically acceptable source selection criteria is used for a contract exceeding $2,000,000, including an explanation of how the situations listed in subsection (b) were considered in making a determination to use lowest price technically acceptable source selection criteria.

(e) Definitions.—In this section:

(1) EXECUTIVE AGENCY.—The term “executive agency” has the meaning given that term in section 102 of title 40, United States Code, except that the term does not include the Department of Defense.

(2) CONTINGENCY OPERATION.—The term “contingency operation” has the meaning given that term in section 101 of title 10, United States Code.

(3) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate.

SEC. 887. Sense of Congress regarding steel produced in the United States.

(a) Findings.—Congress finds the following:

(1) Frequent surges in unfairly trade steel imports have materially injured the iron ore and steel industries in the United States, putting our national, economic, and energy security at risk.

(2) High-quality American steel products are vital to the success of the United States military and are used in a variety of applications from aircraft carriers to armor plate for tanks as well as critical energy infrastructure like the electrical grid and energy pipelines.

(3) Domestic producers of defense-related steel products are dependent on the overall financial health of the iron ore and steel industries in the United States.

(4) The loss of a strong domestic iron ore and steel industry would make the United States dangerously dependent upon foreign sources of steel, such as China.

(b) Sense of Congress.—It is the sense of Congress that a strong domestic iron ore and steel industry is vital to the national security of the United States.

TITLE IXDepartment of Defense Organization and Management

subtitle AOrganization and Management of the Department of Defense Generally

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

Section 113 of title 10, United States Code, is amended by inserting after subsection (k) the following:

“(l) Command and control authority.—The Secretary of Defense shall have the authority to determine command and control relationships within the military departments, Defense Agencies, and other organizations and elements of the Department of Defense, including the United States Fleet Forces Command and the United States Transportation Command, as necessary to fulfill the responsibilities of the Secretary under this title.”.

SEC. 902. Civilian personnel management.

Section 129 of title 10, United States Code, is amended—

(1) in subsection (a), by striking “Any constraint or limitation in terms of man years, end strength, full-time equivalent positions, or maximum number of employees shall be developed on the basis of those factors and shall be subject to adjustment solely for reasons of changed circumstances.” and inserting “The cost of the civilian workforce as prescribed by Department of Defense Instruction 7041.04, issued in 2013 or any successor guidance, shall be compared to the costs of the military and contract workforces, consistent with the requirements of section 129a, 2461, and 2463 of this title.”; and

(2) in subsection (c)(2)—

(A) in each of subparagraphs (A) and (B), by inserting “and associated costs” after “projected size”; and

(B) in subparagraph (B), by striking “that have been taken to identify offsetting reductions and avoid unnecessary overall growth in the size of the civilian workforce” and inserting “to reduce the overall costs of the total force of military, civilian, and contract workforces consistent with sections 129a, 2461, and 2463 of this title”.

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

Section 129a(g)(1) of title 10, United States Code, is amended—

(1) in subparagraph (A), by striking “or required by a mission” and inserting “pursuant to Department of Defense Instruction 7041.04, issued on July 3, 2013, or any successor guidance, and when required by a mission within the military occupational specialty for which the military personnel have been trained”; and

(2) in subparagraph (B), by inserting “, and only if the functions to be performed by military personnel are consistent with the training requirements for the military occupational specialty for which such personnel have been trained” before the period at the end.

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

(a) Under Secretary of Defense for Policy.—Section 134(b) of title 10, United States Code, is amended—

(1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively;

(2) by inserting after paragraph (2) the following new paragraph (3):

“(3) Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary shall be responsible and have the overall direction and supervision for—

“(A) the development, implementation, and integration across the Department of Defense of the National Defense Strategy and strategic policy guidance for the activities of the Department of Defense across all geographic regions and military functions and domains; and

“(B) the integration of the activities of the Department of Defense into the National Security Strategy of the United States.”; and

(3) in paragraph (4), as redesignated by paragraph (1) of this subsection, by inserting “policy making” before “activities”.

(b) Under Secretary of Defense for Intelligence.—Section 137(b) of title 10, United States Code, as amended by section 1621, is further amended—

(1) in paragraph (3), by striking “; and” and inserting a semicolon;

(2) by redesignating paragraph (4) as paragraph (5); and

(3) by inserting after paragraph (3) the following new paragraph (4):

“(4) have responsibility for supervising and directing, and overseeing Department of Defense activities, other than policy making activities, with respect to technology protection relating to export controls; and”.

SEC. 905. Designation of Navy commanders.

Section 5013 of title 10, United States Code, is amended by adding at the end the following new subsections:

“(h) The Secretary of the Navy shall designate a single commander within the Department of the Navy who shall serve as the official with principal responsibility in such Department for ensuring that forces of the Navy are available for tasking and deployment, including forces that may be operating from a forward deployed location.

“(i) The Secretary of the Navy shall designate a single commander within the Department of the Navy who shall serve as the official with principal responsibility in such Department for the oversight and management of the shipyards of the Navy, including shipyards outside the United States.”.

subtitle BComprehensive Pentagon Bureaucracy Reform and Reduction

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

(a) Authorities and responsibilities.—

(1) IN GENERAL.—Section 132a(b) of title 10, United States Code, is amended—

(A) by amending paragraph (3) to read as follows:

“(3) Exercising authority, direction, and control over the Defense Agencies and Department of Defense Field Activities with respect to the covered activities.”; and

(B) by adding at the end the following:

“(7) Serving as the official with principal responsibility in the Department for minimizing the duplication of efforts and maximizing efficiency and effectiveness among all organizations and elements of the Department (other than the military departments) with respect to the covered activities.”.

(2) BUDGET AUTHORITY.—Section 132a of title 10, United States Code (as amended by paragraph (1)) is further amended—

(A) by redesignating subsections (c) and (d) as subsections (d) and (e) respectively; and

(B) by inserting after subsection (b) the following:

“(c) Budget Authority.—

“(1) (A) The Secretary of Defense, acting through the Under Secretary of Defense (Comptroller), shall require the head of each Defense Agency and Department of Defense Field Activity to transmit the proposed budget for the covered activities of such Agency or Activity for a fiscal year and for the period covered by the future-years defense program submitted to Congress under section 221 of this title for that fiscal year to the Chief Management Officer for review under subparagraph (B) before submitting the proposed budget to the Under Secretary of Defense (Comptroller).

“(B) The Chief Management Officer shall review each proposed budget transmitted under subparagraph (A) and, not later than January 31 of the year preceding the fiscal year for which the budget is proposed, shall submit to the Secretary of Defense a report containing the comments of the Chief Management Officer with respect to all such proposed budgets, together with the certification of the Chief Management Officer regarding whether each proposed budget achieves an adequate level of efficiency and effectiveness with respect to the covered activities.

“(C) Not later than March 31 of each year, the Secretary of Defense shall submit to Congress a report that includes the following:

“(i) Each proposed budget for the covered activities of a Defense Agency or a Department of Defense Field Activity that was transmitted to the Chief Management Officer under subparagraph (A).

“(ii) Identification of each proposed budget contained in the most-recent report submitted under subparagraph (B) that the Chief Management Officer did not certify as achieving an adequate level of efficiency and effectiveness with respect to the covered activities.

“(iii) A discussion of the actions that the Secretary proposes to take, together with any recommended legislation that the Secretary considers appropriate, to address the inadequate levels of efficiency and effectiveness achieved by the proposed budgets identified in the report.

“(iv) Any additional comments that the Secretary considers appropriate regarding the inadequate levels of efficiency and effectiveness achieved by the proposed budgets.

“(2) None of the funds authorized to be appropriated or otherwise made available for any fiscal year for the covered activities of a Defense Agency or a Department of Defense Field Activity may be obligated or expended unless—

“(A) the head of the Agency or Activity submits to the Chief Management Officer a plan for the obligation and expenditure of such funds; and

“(B) the Chief Management Officer approves the plan.

“(3) Nothing in this subsection shall be construed to modify or interfere with the budget-related responsibilities of the Director of National Intelligence.”.

(3) COVERED ACTIVITIES DEFINED.—Section 132a of title 10, United States Code (as amended by paragraphs (1) and (2)) is further amended by adding at the end the following:

“(f) Covered activities defined.—In this section, the term ‘covered activities’ means any activity relating to civilian resources management, logistics management, services contracting, or real estate management.”.

(b) Streamlining of certain functions across the Department of Defense.—

(1) STREAMLINING OF FUNCTIONS.—

(A) IN GENERAL.—Except as provided in subparagraph (B), not later than January 1, 2021, and not less frequently than once every five years thereafter, the Secretary of Defense, acting through the Chief Management Officer of the Department Defense, shall reduce or eliminate duplicative functions across all organizations and elements of the Department of Defense with respect to the covered activities.

(B) EXCEPTION.—The military services shall not be included in any reductions or eliminations carried out under subparagraph (A) on or before January 1, 2021.

(2) CERTIFICATION AND REVIEW OF COST SAVINGS.—

(A) CERTIFICATION.—Not later January 1, 2021, the Chief Management Officer shall certify to the congressional defense committees that the reductions and eliminations carried out under paragraph (1) accomplished savings with respect to the total amount obligated and expended for the covered activities in fiscal year 2020 that were not less than 25 percent of the baseline amount.

(B) GAO REVIEW.—Not later than 30 days after the submission of the certification under subparagraph (A), the Comptroller General of the United States shall submit to the congressional defense committees a report that verifies whether the savings reported by the Chief Management Officer under such subparagraph are accurate.

(C) BASELINE AMOUNT.—For the purposes of this paragraph, the baseline amount is the total amount obligated and expended by organizations and elements of the Department of Defense other than the military services for fiscal year 2018 for the covered activities—

(i) increased by a credit for the amount of any reductions in the costs of such activities that are documented, as of the date that is 90 days after the date of the enactment of this Act, as having been accomplished in accordance with section 346 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92;.10 U.S.C. 111 note); and

(ii) decreased by the amount of any reductions in costs for such activities that are documented, as of the date that is 90 days after the date of the enactment of this Act, as having been accomplished in accordance with other sections of this subtitle.

(D) TREATMENT OF CERTAIN COST SAVINGS.—For the purposes of calculating the percentage cost savings accomplished by the Chief Management Officer under subparagraph (A), any reduction in costs documented, as of the date that is 90 days after the date of the enactment of this Act, as having been accomplished in accordance with section 346 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92;.10 U.S.C. 111 note) shall be treated as a reduction accomplished by the Chief Management Officer under paragraph (1).

(3) PLAN AND REVIEW.—

(A) PLAN REQUIRED.—Not later than March 1, 2020, the Chief Management Officer shall submit to the congressional defense committees a plan for complying with paragraphs (1) and (2).

(B) GAO REVIEW.—Not later than 30 days after the submission of the plan under subparagraph (A), the Comptroller General of the United States shall submit to the congressional defense committees a report that verifies—

(i) whether the plan submitted under subparagraph (A) is feasible; and

(ii) whether any cost savings expected to result from the plan are accurate.

(4) SUBSEQUENT REPORTS AND REVIEWS.—

(A) CMO REPORTS.—Not later than January 1 of every fifth calendar year beginning with January 1, 2026, the Chief Management Officer shall submit to the congressional defense committees a report that describes the activities carried out by the Chief Management Officer under paragraph (1) during the preceding five years, including an estimate of any cost savings achieved as a result of such activities.

(B) GAO REVIEW.—Not later than 30 days after the submission of each report under subparagraph (A), the Comptroller General of the United States shall submit to the congressional defense committees a report that verifies—

(i) whether the activities described in the report under subparagraph (A) were carried out; and

(ii) whether any cost savings estimated in the report are accurate.

(5) COVERED ACTIVITIES DEFINED.—In this subsection, the term “covered activities” has the meaning given that term in section 132a(f) of title 10, United States Code, as added by subsection (a) of this section.

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

(a) Additional responsibilities and authorities.—Section 141 of title 10, United States Code, is amended by adding at the end the following:

“(c) In addition to the duties, responsibilities, and powers referred to in subsection (b), the Inspector General of the Department shall serve as the official with principal responsibility in the Department for minimizing the duplication of efforts and maximizing efficiency among the Inspectors General across all organizations and elements of the Department with respect to the covered activities.

“(d) (1) (A) The Secretary of Defense, acting through the Under Secretary of Defense (Comptroller), shall require each Inspector General of an organization or element of the Department of Defense to transmit the proposed budget for the covered activities of the Office of such Inspector General for a fiscal year and for the period covered by the future-years defense program submitted to Congress under section 221 of this title for that fiscal year to the Inspector General of the Department of Defense for review under subparagraph (B) before submitting the proposed budget to the Under Secretary of Defense (Comptroller).

“(B) The Inspector General of the Department of Defense shall review each proposed budget transmitted under subparagraph (A) and, not later than January 31 of the year preceding the fiscal year for which the budget is proposed, shall submit to the Secretary of Defense a report containing the comments of the Inspector General with respect to all such proposed budgets, together with the certification of the Inspector General regarding whether each proposed budget achieves an adequate level of efficiency and effectiveness with respect to the covered activities.

“(C) Not later than March 31 of each year, the Secretary of Defense shall submit to Congress a report that includes the following:

“(i) Each proposed budget for the covered activities of an Inspector General of an organization or element of the Department of Defense that was transmitted to the Inspector General of the Department under subparagraph (A).

“(ii) Identification of each proposed budget contained in the most-recent report submitted under subparagraph (B) that the Inspector General of the Department did not certify as achieving an adequate level of efficiency and effectiveness with respect to the covered activities.

“(iii) A discussion of the actions that the Secretary proposes to take, together with any recommended legislation that the Secretary considers appropriate, to address the inadequate levels of efficiency and effectiveness achieved by the proposed budgets identified in the report.

“(iv) Any additional comments that the Secretary considers appropriate regarding the inadequate levels of efficiency and effectiveness achieved by the proposed budgets.

“(2) None of the funds authorized to be appropriated or otherwise made available for any fiscal year for the covered activities of an Inspector General of an organization or element of the Department of Defense may be obligated or expended unless—

“(A) the Inspector General of the organization or element submits to the Inspector General of the Department of Defense a plan for the obligation and expenditure of such funds; and

“(B) the Inspector General of the Department of Defense approves the plan.

“(e) In this section, the term ‘covered activities’ means any activity relating to public affairs, human resources, contracting, services contracting, or any other cross-enterprise activities of the Inspectors General of the organizations and elements of the Department of Defense, as determined by the Inspector General of the Department.”.

(b) Streamlining of functions.—Not later than January 1, 2021, the Secretary of Defense, acting through the Inspector General of the Department Defense, shall reduce or eliminate duplicative functions among the Inspectors General across all organizations and elements of the Department with respect to the covered activities.

(c) Plan required.—Not later than March 1, 2020, the Inspector General of the Department of Defense shall submit to the congressional defense committees a plan for complying with subsection (b).

(d) Covered activities defined.—In this section, the term “covered activities” has the meaning given that term in section 141(e) of title 10, United States Code, as added by subsection (a) of this section.

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

(a) Defense Information Systems Agency.—

(1) TRANSFER OF FUNCTIONS.—Not later than January 1, 2021, the Secretary of Defense, acting through the Chief Management Officer of the Department of Defense, shall—

(A) transfer all information technology contracting and acquisition services of the Defense Information Systems Agency to other elements of the Department of Defense, which may include the transfer of such services to the military departments; and

(B) transfer all senior leader communications functions of the Agency to other elements of the Department of Defense.

(2) TRANSITION PLAN.—Not later than March 1, 2020, the Chief Management Officer shall submit to the congressional defense committees a plan for the transfers required under paragraph (1).

(b) Elimination of Washington Headquarters Services.—

(1) ELIMINATION REQUIRED.—Not later than January 1, 2021, the Secretary of Defense, acting through the Chief Management Officer of the Department of Defense, shall eliminate the Washington Headquarters Services.

(2) TRANSFER OR ELIMINATION.—

(A) TRANSFER.—The Chief Management Officer shall transfer to other elements of the Office of the Secretary of Defense only such functions of the Washington Headquarters Services as are necessary to carry out an essential function not otherwise carried out by such Office, as determined by the Chief Management Officer.

(B) ELIMINATION.—Any functions of the Washington Headquarters Services that are not transferred to another element of the Office of the Secretary of Defense under subparagraph (A) shall be eliminated.

(3) TRANSFER OR DISPOSITION OF ASSETS.—The Chief Management Officer shall dispose of, or transfer to other elements of the Office of the Secretary of Defense, any assets of the Washington Headquarters Services.

(4) TRANSITION PLAN.—Not later than March 1, 2020, the Chief Management Officer shall submit to the congressional defense committees a plan for the eliminations and transfers required under this subsection.

(c) Review of Defense Agencies and Department of Defense Field Activities.—

(1) REVIEW REQUIRED.—The Chief Management Officer of the Department of Defense shall review the efficiency and effectiveness of each Defense Agency and Department of Defense Field Activity. As part of the review, the Chief Management Officer shall identify each function of an Agency or Activity that is substantially similar to, or duplicative of, a function carried out by another organization or element of the Department of Defense.

(2) REPORT.—Not later than March 1, 2020, the Chief Management Officer shall submit to the congressional defense committees a report that includes the results of the review conducted under paragraph (1).

(3) CMO VERIFICATION AND TRANSITION PLAN.—Together with the submission of the report under paragraph (2) and based on the results of the review conducted under paragraph (1), the Chief Management Officer shall submit to the congressional defense committees—

(A) a list identifying each Defense Agency and Department of Defense Field Activity that the Chief Management Officer has determined—

(i) operates efficiently and effectively; and

(ii) does not carry out any function that is substantially similar to, or duplicative of, a function carried out by another organization or element of the Department of Defense; and

(B) with respect to each Agency or Activity not included on the list under subparagraph (A), a plan for—

(i) eliminating the Agency or Activity; or

(ii) transferring some or all of the functions of the Agency or Activity to another organization or element of the Department of Defense.

(d) Clarification of authorities of the Secretary of Defense.—

(1) IN GENERAL.—Except as provided in paragraph (2), the Secretary of Defense shall have the authority to establish or terminate any Defense Agency or Department of Defense Field Activity.

(2) EXCEPTIONS.—The authority of the Secretary of Defense to establish or terminate a Defense Agency or Department of Defense Field Activity under paragraph (1) does not apply to an Agency or Activity that is specifically established or terminated by an Act of Congress.

(3) REFERENCES.—Any reference in Federal law, regulations, guidance, instructions, or other documents of the Federal Government to a Defense Agency or Department of Defense Field Activity terminated by the Secretary of Defense under paragraph (1), or to the head of such an Agency or Activity, shall be deemed to be a reference to the Secretary of Defense.

(4) NOTICE REQUIREMENT.—The Secretary of Defense may not terminate a Defense Agency or Department of Defense Field Activity until a period of 90 days has elapsed following the date on which the Secretary submits to the congressional defense committees—

(A) notice of the intent of the Secretary to terminate the Agency or Activity; and

(B) recommendations for legislative actions that may be required as a result of such termination.

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

(a) System and capability.—Not later than January 1, 2021, the Director of the Defense Logistics Agency and the Chief Management Officer of the Department of Defense shall jointly, in consultation with the customers served by the Agency, develop and implement—

(1) a comprehensive system that enables customers of the Agency to view—

(A) the inventory of items and materials available to customers from the Agency; and

(B) the delivery status of items and materials that are in transit to customers; and

(2) a predictive analytics capability designed to increase the efficiency of the system described in paragraph (1) by identifying emerging customer needs with respect to items and materials supplied by the Agency, including any emerging needs arising from the use of new weapon systems by customers.

(b) Actions to increase efficiency.—Not later than January 1, 2021, the Director of the Defense Logistics Agency and the Chief Management Officer shall jointly—

(1) reduce the rates charged to customers, in aggregate, by not less than 10 percent;

(2) eliminate the duplication of services within the Agency; and

(3) establish specific goals and metrics to ensure that the Agency is fulfilling its mission of providing items and materials to customers with sufficient speed and in sufficient quantities to ensure the lethality and readiness of warfighters.

(c) Plan required.—Not later than March 1, 2020, the Director of the Defense Logistics Agency and the Chief Management Officer shall jointly submit to the congressional defense committees a plan that describes how the Director and the Chief Management Officer will achieve compliance with the requirements of subsections (a) and (b).

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

(a) Review required.—The Secretary of Defense, acting through the Chief Management Officer of the Department of Defense, shall direct the Under Secretary of Defense for Acquisition and Sustainment and the Under Secretary of Defense (Comptroller) to conduct a joint review of the functions of the Defense Contract Audit Agency and the Defense Contract Management Agency. The review shall include—

(1) a validation of the missions and functions of each Agency;

(2) a determination of whether there are functions performed by either Agency that could more appropriately be performed by—

(A) the other Agency;

(B) any other organization or element of the Department of Defense, including the military departments; or

(C) commercial providers; and

(3) a validation of the continued need for two separate Agencies with oversight for defense contracting.

(b) Report required.—Not later than March 1, 2020, the Secretary of Defense shall submit to the congressional defense committees a report that includes the results of the review conducted under subsection (a).

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

(a) In general.—Not later than January 1, 2021, the Chief Management Officer and the Under Secretary of Defense (Comptroller) shall jointly carry out activities to streamline, reduce duplication, and make more effective the operations of the Defense Finance and Accounting Services.

(b) Plan required.—Not later than March 1, 2020, the Chief Management Officer and the Under Secretary of Defense (Comptroller) shall jointly submit to the congressional defense committees a plan for carrying out the activities required under subsection (a).

(c) Rule of construction.—Nothing in this section shall be construed to encourage or require the termination of any personnel or positions within the Defense Finance and Accounting Services.

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

With respect to the total number of Chief Information Officer positions within the Department of Defense, during calendar year 2021 and each year thereafter not more than five of such positions may be Senior Executive Service positions (as that term is described in section 3132(a)(2) of title 5, United States Code).

SEC. 918. General provisions.

(a) Consolidated report.—The plans and reports required to be submitted to the congressional defense committees under this subtitle on or before March 1, 2020, may be combined and submitted in the form of a single, consolidated document.

(b) Definitions.—In this subtitle:

(1) The term “Chief Management Officer” means the Chief Management Officer of the Department of Defense.

(2) The terms “Defense Agency”, “Department of Defense Field Activity”, and “military departments” have the meanings given the terms in section 101(a) of title 10, United States Code.

(c) Conforming amendment.—Section 143(b) of title 10, United States Code, is amended by striking “and the Washington Headquarters Services of the Department of Defense”.

(d) Effective date.—The amendment made by subsection (c) shall take effect on the earlier of—

(1) the date on which the Washington Headquarters Services is eliminated under section 913; or

(2) January 1, 2021.

subtitle COther Matters

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

(a) Establishment.—In order to fulfill the responsibilities specified in Section 133a of title 10, United States Code, the Under Secretary of Defense for Research and Engineering shall establish and lead a team to be known as the “Artificial Intelligence and Machine Learning Policy and Oversight Council” (in this section referred to as the “Council”).

(b) Purpose.—The purpose of the Council shall be to—

(1) integrate the functional activities of the organizations and elements of the Department of Defense with respect to artificial intelligence and machine learning;

(2) ensure there are efficient and effective artificial intelligence and machine learning capabilities throughout Department; and

(3) develop and continuously improve research, innovation, policy, joint processes, and procedures to facilitate the development, acquisition, integration, advancement, oversight, and sustainment of artificial intelligence and machine learning throughout the Department.

(c) Membership.—The membership of the Council shall include the following:

(1) The Under Secretary of Defense for Research and Engineering, or the designee of the Under Secretary, who shall serve as the leader of the Council.

(2) The following officials of the Department of Defense, or their designees:

(A) The Under Secretary of Defense for Acquisition and Sustainment.

(B) The Chief Management Officer of the Department of Defense.

(C) The Under Secretary of Defense (Comptroller).

(D) The Under Secretary of Defense for Personnel and Readiness.

(E) The Under Secretary of Defense for Intelligence.

(F) The General Counsel of the Department of Defense.

(G) The head of each military service.

(H) The Commander of the United States Special Operations Command.

(I) The Director of the Defense Advanced Research Projects Agency.

(3) Any other official of the Department of Defense determined to be appropriate by the Under Secretary of Defense for Research and Engineering.

(d) Operation.—The Council shall operate continuously.

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

(a) Findings.—Congress makes the following findings:

(1) The Chemical, Biological, and Radiological Defense Division of the Navy, currently based at the Naval Surface Warfare Center in Dahlgren, Virginia, consists of a highly effective team of scientists performing critical work for the United States.

(2) The Secretary of the Navy has notified Congress of the intent of the Secretary to transfer the Division to another location.

(3) The Secretary has not provided Congress with a detailed cost benefit analysis or any other information that adequately justifies the proposed transfer of the Division.

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

(1) a detailed timeline for the proposed transfer of the Chemical, Biological, and Radiological Defense Division of the Navy from Virginia to another location;

(2) a full accounting of the costs associated with the proposed transfer, including—

(A) all personnel costs;

(B) all equipment costs; and

(C) all facility renovation costs for the existing facilities of the Division and the facilities to which the Division is proposed to be transferred;

(3) a risk assessment of the operational impact of the transfer during the transition period; and

(4) an explanation of the operational benefit expected to be achieved by collocating all Chemical, Biological, and Radiological elements of the Department of the Navy.

(c) Limitation.—The Secretary of the Navy may not transfer, or prepare to transfer, the Chemical, Biological, and Radiological Defense Division of the Navy from Dahlgren, Virginia to another location until a period of 45 days has elapsed following the date on which the report is submitted to the congressional defense committees under subsection (b).

SEC. 923. Review of foreign currency exchange rates and analysis of Foreign Currency Fluctuations Appropriation.

With respect to a contract for goods and services paid for with foreign currency, the Under Secretary of Defense (Comptroller), in coordination with each Secretary of a military department, shall conduct a review of the exchange rate for such foreign currency used when making a disbursement pursuant to such a contract to determine whether cost-savings opportunities exist by more consistently selecting cost-effective rates. Such review shall include an analysis of realized and projected losses to determine the necessary balance of the appropriation “Foreign Currency Fluctuations, Defense”. The Secretary of Defense may use the results of such analysis to determine the amount of any transfers to the appropriation “Foreign Currency Fluctuations, Defense”.

subtitle DDesignation of the Navy and Marine Corps

SEC. 931. Redesignation of the Department of the Navy as the Department of the Navy and Marine Corps.

(a) Redesignation of military department.—The military department designated as the Department of the Navy is redesignated as the Department of the Navy and Marine Corps.

(b) Redesignation of Secretary and other statutory offices.—

(1) SECRETARY.—The position of the Secretary of the Navy is redesignated as the Secretary of the Navy and Marine Corps.

(2) OTHER STATUTORY OFFICES.—The positions of the Under Secretary of the Navy, the four Assistant Secretaries of the Navy, and the General Counsel of the Department of the Navy are redesignated as the Under Secretary of the Navy and Marine Corps, the Assistant Secretaries of the Navy and Marine Corps, and the General Counsel of the Department of the Navy and Marine Corps, respectively.

SEC. 932. Conforming amendments to title 10, United States Code.

(a) Definition of “military department”.—Paragraph (8) of section 101(a) of title 10, United States Code, is amended to read as follows:

“(8) The term ‘military department’ means the Department of the Army, the Department of the Navy and Marine Corps, and the Department of the Air Force.”.

(b) Organization of department.—The text of section 5011 of such title is amended to read as follows: “The Department of the Navy and Marine Corps is separately organized under the Secretary of the Navy and Marine Corps.”.

(c) Position of Secretary.—Section 5013(a)(1) of such title is amended by striking “There is a Secretary of the Navy” and inserting “There is a Secretary of the Navy and Marine Corps”.

(d) Chapter headings.—

(1) The heading of chapter 503 of such title is amended to read as follows:

“CHAPTER 503DEPARTMENT OF THE NAVY AND MARINE CORPS

(2) The heading of chapter 507 of such title is amended to read as follows:

“CHAPTER 507COMPOSITION OF THE DEPARTMENT OF THE NAVY AND MARINE CORPS

(e) Other amendments.—

(1) Title 10, United States Code, is amended by striking “Department of the Navy” and “Secretary of the Navy” each place they appear other than as specified in subsections (a), (b), (c), and (d) (including in section headings, subsection captions, tables of chapters, and tables of sections) and inserting “Department of the Navy and Marine Corps” and “Secretary of the Navy and Marine Corps”, respectively, in each case with the matter inserted to be in the same typeface and typestyle as the matter stricken.

(2) (A) Sections 5013(f), 5014(b)(2), 5016(a), 5017(2), 5032(a), and 5042(a) of such title are amended by striking “Assistant Secretaries of the Navy” and inserting “Assistant Secretaries of the Navy and Marine Corps”.

(B) The heading of section 5016 of such title, and the item relating to such section in the table of sections at the beginning of chapter 503 of such title, are each amended by inserting “and Marine Corps” after “of the Navy”, with the matter inserted in each case to be in the same typeface and typestyle as the matter amended.

SEC. 933. Other provisions of law and other references.

(a) Title 37, United States Code.—Title 37, United States Code, is amended by striking “Department of the Navy” and “Secretary of the Navy” each place they appear and inserting “Department of the Navy and Marine Corps” and “Secretary of the Navy and Marine Corps”, respectively.

(b) Other references.—Any reference in any law other than in title 10 or title 37, United States Code, or in any regulation, document, record, or other paper of the United States, to the Department of the Navy shall be considered to be a reference to the Department of the Navy and Marine Corps. Any such reference to an office specified in section 931(b) shall be considered to be a reference to that officer as redesignated by that section.

SEC. 934. Effective date.

This subtitle and the amendments made by this subtitle shall take effect on the first day of the first month beginning more than 60 days after the date of the enactment of this Act.

TITLE XGeneral Provisions

subtitle AFinancial Matters

SEC. 1001. General transfer authority.

(a) Authority to transfer authorizations.—

(1) AUTHORITY.—Upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this division for fiscal year 2019 between any such authorizations for that fiscal year (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred.

(2) LIMITATION.—Except as provided in paragraph (3), the total amount of authorizations that the Secretary may transfer under the authority of this section may not exceed $5,000,000,000.

(3) EXCEPTION FOR TRANSFERS BETWEEN MILITARY PERSONNEL AUTHORIZATIONS.—A transfer of funds between military personnel authorizations under title IV shall not be counted toward the dollar limitation in paragraph (2).

(b) Limitations.—The authority provided by subsection (a) to transfer authorizations—

(1) may only be used to provide authority for items that have a higher priority than the items from which authority is transferred; and

(2) may not be used to provide authority for an item that has been denied authorization by Congress.

(c) Effect on authorization amounts.—A transfer made from one account to another under the authority of this section shall be deemed to increase the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred.

(d) Notice to congress.—The Secretary shall promptly notify Congress of each transfer made under subsection (a).

SEC. 1002. Expertise in audit remediation.

(a) Findings.—Congress finds the following:

(1) The ongoing efforts to produce auditable financial statements for the Department of Defense, its agencies, and the military services enhance readiness and accountability by ensuring effective stewardship of taxpayer resources.

(2) The transition from audit readiness to audit performance and remediation are critical phases, demanding expertise from accounting firms and financial management professionals to ensure that the Department successfully addresses issues identified in an audit.

(3) Support from the private sector enhances the ability of the Department to conduct audit and remediation activities, and will enable the Department to achieve its strategic objective of improving business practices with efficiency and accountability.

(b) Additional requirements for semiannual briefing on the Financial Improvement and Audit Remediation Plan.—Section 252(b)(2) of title 10, United States Code, is amended by adding at the end the following new sentence: “Such briefing shall include the amount of auditing and audit remediation services being performed by professionals meeting the qualifications described in section 254(b) of this title, both as an absolute number and as a percentage of auditing and audit remediation services then under contract.”.

(c) Additional reporting requirements.—Section 252(b)(1) of such title is amended—

(1) in subparagraph (B), by adding at the end the following new clauses:

“(vii) If less than 50 percent of the auditing and audit remediation services under contract, as described in the briefing required under paragraph (2), are being performed by professionals meeting the qualifications described in section 254(b) of this title, a detailed description of the risks associated with the risks of the acquisition strategy of the Department with respect to conducting audits and audit remediation activities and an explanation of how the strategy complies with the policies expressed by Congress.

“(viii) If less than 25 percent of the auditing and audit remediation services under contract, as described in the briefing required under paragraph (2), are being performed by professionals meeting the qualifications described in section 254(b) of this title, a written certification that the staffing ratio complies with commercial best practices and presents no increased risk of delay in the Department’s ability to achieve a clean audit opinion”; and

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

“(C) ADDITIONAL REQUIREMENTS.—

“(i) UNCLASSIFIED FORM.—A description submitted pursuant to clause (vii) of subparagraph (B) or a certification submitted pursuant to clause (viii) of such subparagraph shall be submitted in unclassified form, but may contain a classified annex.

“(ii) DELEGATION.—The Secretary may not delegate the submission of a certification pursuant to clause (viii) of subparagraph (B) to any official other than the Deputy Secretary of Defense, the Chief Management Officer, or the Under Secretary of Defense (Comptroller).”.

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

During fiscal year 2019, the Secretary of Defense may transfer to the Director of National Intelligence, under the authority in section 1001 of this Act, an amount that does not exceed $2,000,000 to provide support for the operation of the classified network known as CAPNET.

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

The Secretary of Defense shall ensure that each major implementation of, or modification to, a business system that contributes to financial information of the Department of Defense is reviewed by an independent public accountant to validate that such financial system will meet any applicable Federal requirements.

SEC. 1005. Report on auditable financial statements.

Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report ranking all military departments and Defense Agencies in order of how advanced they are in achieving auditable financial statements as required by law. The report should not include information otherwise available in other reports to Congress.

subtitle BCounterdrug Activities

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

(a) Findings; sense of Congress.—

(1) FINDINGS.—Congress makes the following findings:

(A) Over the past 15 years, opioid use in the United States has grown exponentially.

(B) According to the Office of National Drug Control Policy, the number of deaths related to opioids in the United States in 2016 was 42,269.

(C) Addiction and misuse of prescription opioids continues to rise. According to the Office of National Drug Control Policy, in 2016, 11,500,000 people misused prescription opioids.

(D) The predominant amount of precursors for fentanyl production are illicitly trafficked from China.

(E) The Office of National Drug Control Policy is the lead agency for coordinating the Federal response to address the opioid epidemic in the United States.

(F) The Department of Homeland Security is the lead Federal agency in securing United States borders from illicit trafficking.

(G) The Department of Defense plays a vital supporting role in addressing the opioid epidemic through intelligence analysis, education, and assistance to other departments and agencies in dealing with this challenge.

(2) SENSE OF CONGRESS.—It is the sense of Congress that—

(A) the Department of Defense should provide support for interagency efforts to combat the national opioid epidemic; and

(B) the role of the Department of Defense is critical to identifying transnational criminal organizations that allow illicit opioids to enter the United States.

(b) Department of Defense support for combating opioid trafficking and abuse.—Of the funds authorized to be appropriated by this Act or otherwise made available to the Department of Defense for National Guard counterdrug programs for fiscal year 2019, $20,000,000 shall be made available to provide support for United States interagency efforts to combat opioid trafficking and abuse in the United States, as specified in the funding table in division G.

subtitle CNaval Vessels and Shipyards

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

Section 231(b)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraph:

“(F) The estimated operations and sustainment costs required to support the vessels delivered under the naval vessel construction plan.”.

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

(a) In general.—Section 2218(f)(3) of title 10, United States Code, is amended—

(1) in subparagraph (C)—

(A) by striking “two” and inserting “ten”; and

(B) by striking “ships” and inserting “vessels”;

(2) by redesignating subparagraph (E) as subparagraph (F); and

(3) by inserting after subparagraph (D) the following new subparagraph (E):

“(E) The Secretary may not use the authority under this paragraph to procure more than two foreign constructed vessels unless the Secretary submits to Congress, by not later than the second week of February of the fiscal year during which the Secretary plans to use such authority, a certification that—

“(i) the Secretary has initiated an acquisition strategy for the construction in United States shipyards of not less than ten new sealift vessels purchased with funds in the National Defense Sealift Fund; and

“(ii) of such new sealift vessels, the lead ship is anticipated to be delivered by not later than 2026.”.

(b) Limitation on use of funds.—Of the amounts authorized to be appropriated or otherwise made available by this Act for fiscal year 2019 for the Military Sealift Command, the Secretary of the Navy may not obligate or expend more than 75 percent until the Secretary submits to the congressional defense committees certification that the Navy has—

(1) entered into a contract for the procurement of two used National Defense Reserve Fleet vessels in accordance with section 2218(f)(3)(C) of title 10, United States Code; and

(2) completed the capability development document for the common hull multi-mission platform.

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

Section 2218(f)(3) of title 10, United States Code, as amended by section 1022, is further amended—

(1) in subparagraph (F), as redesignated by such section 1022—

(A) by striking “30 days after” and inserting “30 days before”;

(B) in clause (i), by inserting “proposed” before “date”;

(C) in clause (ii), by striking “was” and inserting “would be”; and

(D) by adding at the end the following new clause:

“(viii) A detailed account of the criteria used to make the determination under subparagraph (B).”; and

(2) by inserting after subparagraph (F), as so redesignated, the following new subparagraph:

“(G) The Secretary may not finalize or execute the final purchase of any vessel using the authority under this paragraph until 30 days after the date on which a report under subparagraph (E) is submitted with respect to such purchase.”.

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

(a) Model basin; investigation of hull designs.—Section 7303 of title 10, United States Code, is amended by striking “(a) An office” and all that follows through “(b) The Secretary” and inserting “The Secretary”.

(b) Repeal of certain provisions of chapter 633 of title 10, United States Code.—

(1) IN GENERAL.—The following sections of chapter 633 of title 10, United States Code, are repealed:

(A) Section 7294.

(B) Section 7295.

(C) Section 7300.

(D) Section 7306.

(E) Section 7306b.

(2) CLERICAL AMENDMENTS.—The table of sections at the beginning of such chapter is amended by striking the items relating to sections 7294. 7295. 7300, 7306, and 7306b.

(c) Other provisions of law.—

(1) REPEAL OF METERING OF NAVY PIERS TO ACCURATELY MEASURE ENERGY CONSUMPTION.—Section 2828 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1694; 10 U.S.C. 7291 note) is repealed.

(2) MODIFICATION OF ADVANCE PROCUREMENT FUNDING.—Section 124 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2214; 10 U.S.C. 7291 note) is amended—

(A) by striking subsection (a); and

(B) by redesignating subsections (b) and (c) as subsections (a) and (b), respectively.

(3) REPEAL OF POLICY RELATING TO MAJOR COMBATANT VESSELS OF THE STRIKE FORCES OF THE UNITED STATES NAVY.—Section 1012 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 303; 10 U.S.C. 7291 note) is repealed.

(4) REPEAL OF ALTERNATIVE TECHNOLOGIES FOR FUTURE SURFACE COMBATANTS.—Section 128 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2109; 10 U.S.C. 7291 note) is repealed.

(5) REPEAL OF OBSOLETE PROVISION ON VESSEL SCRAPPING PILOT PROGRAM.—Section 8124 of the Department of Defense Appropriations Act, 1999 (Public Law 105–262; 112 Stat. 2333; 10 U.S.C. 7291 note) is repealed.

(6) REPEAL OF PROVISION ON CONSIDERATION OF VESSEL LOCATION FOR AWARD OF LAYBERTH CONTRACTS FOR SEALIFT VESSELS.—Section 375 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat. 2385; 10 U.S.C. 7291 note) is repealed.

(7) REPEAL OF PROVISION ON REVITALIZATION OF UNITED STATES SHIPBUILDING INDUSTRY.—Section 1031 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat. 2489; 10 U.S.C. 7291 note) is repealed.

(8) REPEAL OF FAST SEALIFT PROGRAM.—

(A) PROCUREMENT OF SHIPS.—Section 1021 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat. 2485; 10 U.S.C. 7291 note) is repealed.

(B) ESTABLISHMENT OF PROGRAM.—Section 1424 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510; 104 Stat. 1683; 10 U.S.C. 7291 note) is repealed.

(9) REPEAL OF REQUIREMENTS RELATING TO DEPOT-LEVEL MAINTENANCE OF SHIPS.—Section 1614 of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101–189; 103 Stat. 1601; 10 U.S.C. 7291 note) is amended by striking subsections (a) and (b).

(10) REPEAL OF OBSOLETE REQUIREMENT FOR REPORTS ON EFFECTS OF NAVAL SHIPBUILDING PLANS ON MARITIME INDUSTRIES.—Section 1227 of the National Defense Authorization Act for Fiscal Year 1989 (Public Law 100–456; 102 Stat. 2055; 10 U.S.C. 7291 note) is repealed.

(11) REPEAL OF SIX-HUNDRED-SHIP GOAL FOR NAVY; SENSE OF CONGRESS.—Section 791 of the Department of Defense Appropriations Act, 1982 (Public Law 97–114; 95 Stat. 1593; 10 U.S.C. 7291 note) is repealed.

(12) REPEAL OF PROHIBITION ON USE OF PUBLIC AND PRIVATE SHIPYARDS FOR CONVERSION, OVERHAUL, OR REPAIR WORK UNDER CERTAIN PROGRAMS.—Section 811 of the Department of Defense Appropriations Act, 1979 (Public Law 95–485; 92 Stat. 1624; 10 U.S.C. 7291 note) is repealed.

(13) REPEAL OF OBSOLETE REQUIREMENT TO SUBMIT A FIVE-YEAR NAVAL SHIP NEW CONSTRUCTION AND CONVERSION PROGRAM.—Section 808 of the Department of Defense Authorization Act, 1976 (Public Law 94–106; 89 Stat. 539; 10 U.S.C. 7291 note) is repealed.

SEC. 1025. Retention of Navy hospital ship capability.

(a) Retention of ships.—The Secretary of the Navy shall retain two T-AH 19 Mercy-class hospital ships at a readiness level that provides for the activation and deployment of each such ship within a period that does not exceed 5 days.

(b) Waiver authority.—The Secretary of the Navy may waive the requirement under subsection (a) if the Secretary submits to the congressional defense committees certification in writing that the Secretary has—

(1) for any T-AH 19 Mercy-class hospital ship to be retired or transferred, identified a replacement capability to meet the combatant commander afloat medical capability for medical and surgical care that is being met by the ship to be retired or transferred; and

(2) achieved the initial operational capability of the replacement capability described in paragraph (1).

subtitle DCounterterrorism

SEC. 1031. Definition of sensitive military operation.

Subsection (d) of section 130f of title 10, United States Code, is amended to read as follows:

“(d) Sensitive military operation defined.— (1) Except as provided in paragraph (2), in this section, the term ‘sensitive military operation’ means a lethal operation or capture operation conducted by the armed forces or conducted by a foreign partner in coordination with the armed forces that targets a specific individual or individuals.

“(2) For purposes of this section, the term ‘sensitive military operation’ does not include any operation conducted within Afghanistan.”.

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.

No amounts authorized to be appropriated or otherwise made available for the Department of Defense may be used during the period beginning on the date of the enactment of this Act and ending on December 31, 2019, to transfer, release, or assist in the transfer of or release to or within the United States, its territories, or possessions Khalid Sheikh Mohammed or any other detainee who—

(1) is not a United States citizen or a member of the Armed Forces of the United States; and

(2) is or was held on or after January 20, 2009, at United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense.

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.

(a) In general.—No amounts authorized to be appropriated or otherwise made available for the Department of Defense may be used during the period beginning on the date of the enactment of this Act and ending on December 31, 2019, to construct or modify any facility in the United States, its territories, or possessions to house any individual detained at Guantanamo for the purposes of detention or imprisonment in the custody or under the control of the Department of Defense.

(b) Exception.—The prohibition in subsection (a) shall not apply to any modification of facilities at United States Naval Station, Guantanamo Bay, Cuba.

(c) Individual detained at Guantanamo defined.—In this section, the term “individual detained at Guantanamo” has the meaning given that term in section 1034(f)(2) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 971; 10 U.S.C. 801 note).

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.

No amounts authorized to be appropriated or otherwise made available for the Department of Defense may be used during the period beginning on the date of the enactment of this Act and ending on December 31, 2019, to transfer, release, or assist in the transfer or release of any individual detained in the custody or under the control of the Department of Defense at United States Naval Station, Guantanamo Bay, Cuba, to the custody or control of any country, or any entity within such country, as follows:

(1) Libya.

(2) Somalia.

(3) Syria.

(4) Yemen.

subtitle EMiscellaneous Authorities and Limitations

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

Section 1055 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 113 note) is amended—

(1) in subsection (a)—

(A) in paragraph (1), by striking “; and” and inserting a semicolon;

(B) in paragraph (2)(B), by striking the period at the end and inserting a semicolon; and

(C) by adding at the end the following new paragraphs:

“(3) is requested by the non-Department of Defense Federal department or agency only after the department or agency has first reasonably attempted to use the resources of that department or agency to accomplish the mission for which the department or agency is making such request; and

“(4) is most appropriately provided by the Department of Defense rather than another department or agency of the Federal Government.”; and

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

“(4) REVERSE DEFENSE SENSITIVE SUPPORT REQUEST.—The Secretary shall notify the congressional defense committees (and the congressional intelligence committees with respect to matters relating to members of the intelligence community) of requests made by the Secretary to a non-Department of Defense Federal department or agency for support that requires special protection from disclosure in the same manner and containing the same information as the Secretary notifies such committees of defense sensitive support requests under paragraphs (1) and (3).”.

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

(a) In general.—Section 101 of the National Security Act of 1947 (50 U.S.C. 3021) is amended—

(1) in subsection (b)—

(A) in paragraph (2), by striking “and” at the end;

(B) in paragraph (3), by striking the period and inserting “; and”; and

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

“(4) coordinate, without assuming operational authority, the United States Government response to malign foreign influence operations and campaigns.”; and

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

“(g) Coordinator for combating malign foreign influence operations and campaigns.—

“(1) IN GENERAL.—The President shall designate an employee of the National Security Council to be responsible for the coordination of the interagency process for combating malign foreign influence operations and campaigns.

“(2) CONGRESSIONAL BRIEFING.—

“(A) IN GENERAL.—Not less frequently than twice each year, the employee designated under this subsection shall provide to the congressional committees specified in subparagraph (B) a briefing on the responsibilities and activities of the individual under this subsection.

“(B) COMMITTEES SPECIFIED.—The congressional committees specified in this subparagraph are the following:

“(i) The Committees on Armed Services, Foreign Affairs, and Oversight and Government Reform, and the Permanent Select Committee on Intelligence of the House of Representatives.

“(ii) The Committees on Armed Services, Foreign Relations, and Homeland Security and Governmental Affairs, and the Select Committee on Intelligence of the Senate.

“(h) Definition of malign foreign influence operations and campaigns.—In this section, the term ‘malign foreign influence operations and campaigns’ means the coordinated, integrated, and synchronized application of national diplomatic, informational, military, economic, business, corruption, educational, and other capabilities by hostile foreign powers to foster attitudes, behaviors, decisions, or outcomes within the United States.”.

(b) Strategy.—

(1) IN GENERAL.—Not later than 9 months after the date of the enactment of this Act, the President, acting through the National Security Council, shall submit to the congressional committees specified in paragraph (2) a strategy to counter malign foreign influence operations and campaigns (as such term is defined in section 101(h) of the National Security Act of 1947 (50 U.S.C. 3021), as added by subsection (a)).

(2) COMMITTEES SPECIFIED.—The congressional committees specified in this paragraph are the following:

(A) The Committees on Armed Services, Foreign Affairs, and Oversight and Government Reform, and the Permanent Select Committee on Intelligence of the House of Representatives.

(B) The Committees on Armed Services, Foreign Relations, and Homeland Security and Governmental Affairs, and the Select Committee on Intelligence of the Senate.

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

Section 6(b)(1) of the Joint Resolution entitled “A Joint Resolution to approve the ‘Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States of America’, and for other purposes”, approved March 24, 1976 (48 U.S.C. 1806(b)(1)) is amended—

(1) in subparagraph (A), by striking “during the transition program” and inserting “during the period beginning on the transition program effective date and ending on the later of September 30, 2020, or the last day of the transition period”;

(2) by amending subparagraph (B) to read as follows:

(3) by adding at the end the following:

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

(a) In general.—The Secretary of Transportation may not—

(1) directly or indirectly require the installation of automatic dependent surveillance-broadcast (hereinafter in this section referred to as “ADS-B”) equipment on fighter aircraft, bomber aircraft, or other special mission aircraft owned or operated by the Department of Defense;

(2) deny or reduce air traffic control services in United States airspace or international airspace delegated to the United States to any aircraft described in paragraph (1) on the basis that such aircraft is not equipped with ADS-B equipment; or

(3) restrict or limit airspace access for aircraft described in paragraph (1) on the basis such aircraft are not equipped with ADS-B equipment.

(b) Termination.—Subsection (a) shall cease to be effective on the date that the Secretary of Transportation and the Secretary of Defense jointly submit to the appropriate congressional committees notice that the Secretaries have entered into a memorandum of agreement or other similar agreement providing that fighter aircraft, bomber aircraft, and other special mission aircraft owned or operated by the Department of Defense that are not equipped or not yet equipped with ADS-B equipment will be reasonably accommodated for safe operations in the National Airspace System and provided with necessary air traffic control services.

(c) Rule of construction.—Nothing in this section may be construed to—

(1) vest in the Secretary of Defense any authority of the Secretary of Transportation or the Administrator of the Federal Aviation Administration under title 49, United States Code, or any other provision of law;

(2) vest in the Secretary of Transportation or the Administrator of the Federal Aviation Administration any authority of the Secretary of Defense under title 10, United States Code, or any other provision of law; or

(3) limit the authority or discretion of the Secretary of Transportation or the Administrator of the Federal Aviation Administration to operate air traffic control services to ensure the safe minimum separation of aircraft in flight and the efficient use of airspace.

(d) Notification requirement.—The Secretary of Defense shall provide to the Secretary of Transportation notification of any aircraft the Secretary of Defense designates as a special mission aircraft pursuant to subsection (e)(3).

(e) Definitions.—In this section:

(1) The term “appropriate congressional committees” means the congressional defense committees, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate.

(2) The term “air traffic control services” means services used for the monitoring, directing, control, and guidance of aircraft or flows of aircraft and for the safe conduct of flight, including communications, navigation, and surveillance services and provision of aeronautical information.

(3) The term “special mission aircraft” means an aircraft the Secretary of Defense designates for a unique mission to which ADS-B equipment creates a unique risk.

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

(a) Limitation.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for the Department of Defense for the strategic capabilities office ghost fleet overlord unmanned surface vehicle program may be obligated or expended until the Undersecretary of Defense for Research and Engineering, in coordination with the Secretary of the Navy, certifies to the congressional defense committees that—

(1) such project accelerates development of the future unmanned surface vehicle program of the Navy;

(2) the Commander of the Naval Sea Systems Command has been designated as the contracting officer for such project; and

(3) the desired procurement strategy for the ghost fleet overlord project is properly coordinated and not duplicative of the unmanned surface vehicle sea hunter program of the Navy.

(b) Rule of construction.—The limitation in subsection (a) shall not be construed to apply to any other unmanned surface vehicle program of the Department of Defense other than the program element specified in such subsection.

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

(a) In general.—The Secretary of Defense shall establish and implement a foreign ownership, control, or influence program for Department of Defense controlled unclassified information in the hands of industry. The Secretary may designate an entity or individual within the Department to take responsibility for such controlled unclassified information and the oversight of the program.

(b) Program requirements.—Under the program required by subsection (a), the Secretary shall require that prior to any company receiving controlled unclassified information or classified information, or becoming a cleared defense contractor—

(1) the company shall report to the Secretary any foreign—

(A) direction or controlling interest of the company; or

(B) access to intellectual property relating to classified information or controlled unclassified information; and

(2) the Secretary shall determine if, on the basis of information reported under paragraph (1), the company should receive such information, including if risk to the national security can be mitigated and how such mitigation would be enforced.

SEC. 1047. Protection of emerging and foundational technologies.

(a) List.—The Secretary of Defense shall establish and maintain a list of emerging and foundational technologies that are necessary for maintaining the national security technological advantage of the United States over foreign countries of special concern, as determined by the Secretary.

(b) Technology protection.—The Secretary should use the list under subsection (a) to inform activities carried out by the Secretary relating to technology protection, including under interagency processes conducted pursuant to Federal law.

SEC. 1048. Airborne Hazards and Open Burn Pit Registry.

(a) Education campaign.—Beginning not later than one year after the date of the enactment of this Act, the Secretary of Defense shall carry out an annual education campaign to inform individuals who may be eligible to enroll in the Airborne Hazards and Open Burn Pit Registry of such eligibility. Each such campaign shall include at least one electronic method and one physical mailing method to provide such information.

(b) Airborne Hazards and Open Burn Pit Registry defined.—In this section, the term “Airborne Hazards and Open Burn Pit Registry” means the registry established by the Secretary of Veterans Affairs under section 201 of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note).

SEC. 1049. Evaluation of pilot safety by Military Aviation and Installation Assurance Siting Clearinghouse.

(a) In general.—Section 183a of title 10, United States Code, is amended—

(1) by striking “unacceptable risk to the national security of the United States” each place it appears and inserting “unacceptable risk to military operations and readiness”; and

(2) in subsection (h)—

(A) in paragraph (1), by inserting “pilot safety,” after “flight operations,”; and

(B) by amending paragraph (7) to read as follows:

“(7) The term ‘unacceptable risk to military operations and readiness’ means the construction, alteration, establishment, or expansion, or the proposed construction, alteration, establishment, or expansion, of a structure or sanitary landfill, that the Secretary of Defense can demonstrate would—

“(A) endanger safety in air commerce directly related to the activities of the Department of Defense;

“(B) interfere with the efficient use of the navigable airspace directly related to the activities of the Department of Defense; or

“(C) significantly impair or degrade the capability of the Department of Defense to—

“(i) ensure pilot safety;

“(ii) conduct training, research, development, testing, and evaluation, and operations; or

“(iii) maintain military readiness.”.

(b) Conforming amendment.—Section 44718 of title 49, United States Code, is amended by striking “unacceptable risk to the national security of the United States” each place it appears and inserting “unacceptable risk to military operations and readiness”.

SEC. 1050. Sale of surplus Department of Defense equipment to eligible farmers.

Section 2576a of title 10, United States Code, is amended by adding at the end the following new subsection:

“(g) Sale of equipment to farmers.— (1) During the three-year period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2019, the Secretary of Defense, in consultation with the Secretary of Agriculture, may transfer to eligible farmers equipment of the Department of Defense that is—

“(A) appropriate for use by farmers; and

“(B) excess to the needs of the Department of Defense.

“(2) A farmer is eligible to purchase equipment under this subsection if the farmer is—

“(A) a veteran and a new and beginning farmer, as determined by the Secretary; and

“(B) submits to the Secretary an application containing such information and assurances as the Secretary may require.

“(3) Equipment made available for transfer to farmers under this subsection shall be made available to such farmers before such equipment is made available for public sale.

“(4) Not later than 60 days after the termination of the authority under this subsection, the Secretary shall submit to Congress a report on this subsection that includes the recommendations of the Secretary regarding the extension or expansion of the program.”.

SEC. 1050A. National Security Commission on Artificial Intelligence.

(a) Establishment.—

(1) IN GENERAL.—There is established in the executive branch an independent Commission to review advances in artificial intelligence, related machine learning developments, and associated technologies.

(2) TREATMENT.—The Commission shall be considered an independent establishment of the Federal Government as defined by section 104 of title 5, United States Code, and a temporary organization under section 3161 of such title.

(3) DESIGNATION.—The Commission established under paragraph (1) shall be known as the “National Security Commission on Artificial Intelligence”.

(4) MEMBERSHIP.—

(A) COMPOSITION.—The Commission shall be composed of 15 members appointed as follows:

(i) The Secretary of Defense shall appoint 2 members.

(ii) The Secretary of Commerce shall appoint 1 member.

(iii) The Chairman of the Committee on Commerce, Science, and Transportation of the Senate shall appoint 1 member.

(iv) The Ranking Member of the Committee on Commerce, Science, and Transportation of the Senate shall appoint 1 member.

(v) The Chairman of the Committee on Energy and Commerce of the House of Representatives shall appoint 1 member.

(vi) The Ranking Member of the Committee on Energy and Commerce of the House of Representatives shall appoint 1 member.

(vii) The Chairman of the Committee on Armed Services of the Senate shall appoint 1 member.

(viii) The Ranking Member of the Committee on Armed Services of the Senate shall appoint 1 member.

(ix) The Chairman of the Committee on Armed Services of the House of Representatives shall appoint 1 member.

(x) The Ranking Member of the Committee on Armed Services of the House of Representatives shall appoint 1 member.

(xi) The Chairman of the Select Committee on Intelligence of the Senate shall appoint 1 member.

(xii) The Vice Chairman of the Select Committee on Intelligence of the Senate shall appoint 1 member.

(xiii) The Chairman of the Permanent Select Committee on Intelligence of the House of Representatives shall appoint 1 member.

(xiv) The Ranking Member of the Permanent Select Committee Intelligence of the House of Representatives shall appoint 1 member.

(B) DEADLINE FOR APPOINTMENT.—Members shall be appointed to the Commission under paragraph (1) not later than 90 days after the Commission establishment date.

(C) EFFECT OF LACK OF APPOINTMENT BY APPOINTMENT DATE.—If one or more appointments under paragraph (1) is not made by the appointment date specified in paragraph (2), the authority to make such appointment or appointments shall expire, and the number of members of the Commission shall be reduced by the number equal to the number of appointments so not made.

(5) CHAIR AND VICE CHAIR.—The Commission shall elect a Chair and Vice Chair from among its members.

(6) TERMS.—Members shall be appointed for the life of the Commission. A vacancy in the Commission shall not affect its powers, and shall be filled in the same manner as the original appointment was made.

(7) STATUS AS FEDERAL EMPLOYEES.—Notwithstanding the requirements of section 2105 of title 5, United States Code, including the required supervision under subsection (a)(3) of such section, the members of the Commission shall be deemed to be Federal employees.

(b) Duties.—

(1) IN GENERAL.—The Commission shall carry out the review described in paragraph (2). In carrying out such review, the Commission shall consider the methods and means necessary to advance the development of artificial intelligence, machine learning, and associated technologies by the United States to comprehensively address the national security and defense needs of the United States.

(2) SCOPE OF THE REVIEW.—In conducting the review paragraph (1), the Commission shall consider the following:

(A) The competitiveness of the United States in artificial intelligence, machine learning, and other associated technologies, including matters related to national security, defense, public-private partnerships, and investments.

(B) Means and methods for the United States to maintain a technological advantage in artificial intelligence, machine learning, and other associated technologies related to national security and defense.

(C) Developments and trends in international cooperation and competitiveness, including foreign investments in artificial intelligence, related machine learning, and computer science fields that are materially related to national security and defense.

(D) Means by which to foster greater emphasis and investments in basic and advanced research to stimulate private, public, academic and combined initiatives in artificial intelligence, machine learning, and other associated technologies, to the extent that such efforts have application materially related to national security and defense.

(E) Workforce and education incentives to attract and recruit leading talent in artificial intelligence and machine learning disciplines, including science, technology, engineering, and math programs.

(F) Risks associated with United States and foreign country advances in military employment of artificial intelligence and machine learning, including international law of armed conflict, international humanitarian law, and escalation dynamics.

(G) Associated ethical considerations related to artificial intelligence and machine learning as it will be used for future applications related to national security and defense.

(H) Means to establish data standards, and incentivize the sharing of open training data within related national security and defense data-driven industries.

(I) Consideration of the evolution of artificial intelligence and appropriate mechanism for managing such technology related to national security and defense.

(J) Any other matters the Commission deems relevant to the common defense of the Nation.

(c) Reports.—

(1) INITIAL REPORT.—Not later than 180 days after the date of the enactment of this Act, the Commission shall submit to the President and Congress an initial report on the findings of the Commission and such recommendations that the Commission may have for action by the executive branch and Congress related to artificial intelligence, machine learning, and associated technologies, including recommendations to more effectively organize the Federal Government.

(2) ANNUAL COMPREHENSIVE REPORTS.—Not later than one year after the date of this enactment of this Act, and every year thereafter annually, until the date specified in subsection (e), the Commission shall submit a comprehensive report on the review required under subsection (b).

(3) FORM OF REPORTS.—Reports submitted under this subsection shall be made publically available, but may include a classified annex.

(d) Funding.—Of the amounts authorized to be appropriated by this Act for fiscal year 2019 for the Department of Defense, not more than $10,000,000 shall be made available to the Commission to carry out its duties under this subtitle. Funds made available to the Commission under the preceding sentence shall remain available until expended.

(e) Termination.—The Commission shall terminate on October 1, 2020.

(f) Definition of artificial intelligence.—In this section, the term “artificial intelligence” includes each of the following:

(1) Any artificial system that performs tasks under varying and unpredictable circumstances without significant human oversight, or that can learn from experience and improve performance when exposed to data sets.

(2) An artificial system developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action.

(3) An artificial system designed to think or act like a human, including cognitive architectures and neural networks.

(4) A set of techniques, including machine learning that is designed to approximate a cognitive task.

(5) An artificial system designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision-making, and acting.

SEC. 1050B. Expansion of definition of covered facility or asset for purposes of protection from unmanned aircraft.

Section 130i(j)(3)(C) of title 10, United States Code, is amended—

(1) in clause (viii), by striking “or” at the end;

(2) in clause (ix), by striking the period and inserting “; or”; and

(3) by adding at the end the following new clause:

“(x) mobility airlift.”.

subtitle FStudies and Reports

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

Section 1057(b)(2) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) is amended by adding at the end the following new subparagraph:

“(F) A description of any ex gratia payments made in connection with such casualties.”.

SEC. 1052. Department of Defense Review and Assessment on Advances, Opportunities, and Risks Related to Artificial Intelligence and Machine Learning.

(a) Review required.—The Secretary of Defense, acting through the Defense Innovation Board and the Under Secretary of Defense for Research and Engineering, shall carry out a review and assessment of the advances in artificial intelligence, related machine learning developments, and associated technologies for military applications. In carrying out such review, the Secretary shall consider the methods and means necessary to advance the development of artificial intelligence, machine learning, and associated technologies within the Department of Defense to comprehensively address the national security needs and requirements of the Department of Defense.

(b) Scope of review.—In conducting the review under paragraph (a) the Secretary of Defense shall consider—

(1) the competitiveness of the Department of Defense in artificial intelligence, machine learning, and other associated technologies, including matters pertaining to public-private partnerships and investments;

(2) means and methods for the Department of Defense to maintain a technological advantage in artificial intelligence, machine learning, and other associated technologies, including quantum sciences, distributed ledger technologies, and high performance computing;

(3) means by which the Department of Defense can help foster greater emphasis and investments in basic and advanced research to stimulate private, public, academic, and combined initiatives in artificial intelligence, machine learning, and other associated technologies, including quantum sciences, distributed ledger technologies, and high performance computing;

(4) Department of Defense workforce and education initiatives to attract and recruit leading talent in artificial intelligence and machine learning, including science, technology, engineering, and math programs;

(5) means by which the Department of Defense may establish data standards and provide incentives for the sharing of open training data; and

(6) any other matters the Secretary of Defense determines relevant with respect to the approach of the Department of Defense to artificial intelligence and machine learning.

(c) Reports.—

(1) INITIAL REPORT.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees an initial report on the findings of the review required under subsection (a) and such recommendations as the Secretary may have for legislative action related to artificial intelligence, machine learning, and associated technologies, including recommendations to more effectively fund and organize the Department of Defense.

(2) COMPREHENSIVE REPORT.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a comprehensive report on the review required under subsection (a).

(d) Definition of artificial intelligence.—In this section, the term “artificial intelligence” includes each of the following:

(1) Any artificial system that performs tasks under varying and unpredictable circumstances without significant human oversight, or that can learn from experience and improve performance when exposed to data sets.

(2) An artificial system developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action.

(3) An artificial system designed to think or act like a human, including cognitive architectures and neural networks.

(4) A set of techniques, including machine learning, that is designed to approximate a cognitive task.

(5) An artificial system designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decisionmaking, and acting.

SEC. 1053. Report on Joint Enterprise Defense Infrastructure.

(a) Report required.—The Secretary of Defense shall submit to the congressional defense committees a report on the Joint Enterprise Defense Infrastructure. Such report shall include each of the following:

(1) Information relating to the current composition of the Cloud Executive Steering Group and its mission, objectives, goals, and strategy.

(2) A description of the characteristics and considerations for accelerating the cloud architecture and services required for a global, resilient, and secure information environment to enable warfighting and mission command, as validated by the Joint Requirements Oversight Council for the Joint Enterprise Defense Infrastructure.

(3) Information relating to the approved acquisition strategy and timeline for the Joint Enterprise Defense Infrastructure, including estimated migration costs and timelines.

(4) A description of how the approved acquisition strategy referred to in paragraph (3) provides for a full and open competition, enables the Department of Defense to continuously leverage and acquire new cloud computing capabilities, maintains the ability of the Department to leverage other cloud computing vendor products and services, incorporates elements to maintain security, and provides for the best performance, cost, and schedule to meet the cloud architecture and services requirements of the Department for the duration of such contract.

(5) A description of the associated Joint Enterprise Defense Infrastructure program office, including number of personnel, overhead cost, and organizational structure.

(6) A description of the effect of the Joint Enterprise Defense Infrastructure on and the relationship of such Infrastructure to existing cloud computing infrastructure, platform, and service contracts across the Department of Defense, specifically the effect and relationship to the private cloud infrastructure of the Department, MilCloud 2.0 run by the Defense Information Systems Agency.

(7) Information relating to the most recent Department of Defense Cloud Computing Strategy and description of any initiatives to update such Strategy.

(8) Information relating to Department of Defense guidance pertaining to cloud computing capability or platform acquisition and standards, and a description of any initiatives to update such guidance.

(9) Any other matters the Secretary of Defense determines relevant.

(b) Limitation on use of funds.—Of the amounts authorized to be appropriated or otherwise made available by this Act for fiscal year 2019 for acquisition of services or associated program office support for the Joint Enterprise Defense Infrastructure of the enterprise-wide Cloud Executive Steering Group, not more than 50 percent may be obligated or expended until the Secretary of Defense submits to the congressional defense committees the report required by subsection (a).

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

(a) Report required.—The Secretary of Defense shall submit to the congressional defense committees a report on the proposed consolidation of the global messaging and counter messaging (GMCM) capabilities of the Department of Defense. Such report shall include each of the following:

(1) The justification of the Secretary for the proposed consolidation of such capabilities.

(2) The justification of the Secretary for the proposed designation of the United States Special Operations Command as the entity responsible for establishing the centralized GMCM capability.

(3) A description of the proposed roles and responsibilities of the United States Special Operations Command as such entity.

(4) A description of the roles and responsibilities of the combatant commanders regarding the operational use of the GMCM capability.

(5) The effect of the proposed consolidation of such capabilities on existing GMCM contracts and capabilities.

(6) An implementation plan that includes a detailed description of the resources and other requirements required for the United States Special Operations Command to establish the centralized GMCM capability for the period covered by the current future year’s defense program.

(7) A comprehensive plan for the continual assessment of the effectiveness of the GMCM activities and programs.

(8) An identification of the anticipated efficiencies, cost savings, and operational benefits associated with the consolidation of the GMCM capabilities.

(9) A description of any actions, activities, and efforts taken to implement section 1637 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91).

(b) Limitation on use of funds.—Not more than 50 percent of the amounts authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for the Commander of the United States Special Operations Command for global messaging and counter messaging may be obligated or expended before the date that is 30 days after the date on which the Secretary submits the report required by subsection (a).

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

(a) Review required.—The Secretary of Defense, in coordination with the Secretaries of each of the military departments, shall conduct a comprehensive review of the ethics and professionalism programs of the United States Special Operations Command and of the military departments for officers and other military personnel serving in special operations forces.

(b) Elements of the review.—The review conducted under subsection (a) shall specifically include a description and assessment of each of the following:

(1) The culture of professionalism and ethics of the United States Special Operations Command and affiliated component commands.

(2) The ethics and professionalism programs of the military departments available for special operations forces.

(3) The ethics and professionalism programs of the United States Special Operations Command and affiliated component commands.

(4) The roles and responsibilities of the military departments and the United States Special Operations Command and affiliated component commands in administering, overseeing, managing, and ensuring compliance and participation of special operations forces in ethics and professionalism programs, including an identification of—

(A) gaps in the administration, oversight, and management of such programs and in ensuring the compliance and participation in such programs; and

(B) additional guidance that may be required for a systematic, integrated approach in administering, overseeing, and managing such programs and in ensuring compliance with and participation in such programs in order to address issues and improve ethical culture and professionalism.

(5) The management and oversight framework in place that is designed to ensure that all ethics and professionalism programs available to special operations forces meet Department standards.

(6) Tools and metrics for identifying and assessing individual and organizational ethics and professionalism issues with respect to special operations forces.

(7) Tools and metrics for assessing the effectiveness of existing ethics and professionalism programs in improving or addressing individual and organizational ethics-related and professionalism issues with respect to special operations forces.

(8) Additional programs or actions that may be required to address or improve individual and organizational ethics and professionalism issues with respect to special operations forces.

(9) Actions to improve the oversight and accountability by senior leaders of ethics and professionalism-related issues with respect to special operations forces.

(c) Definitions.—In this section:

(1) The term “ethics program” means a program that includes—

(A) compliance-based ethics training, education, initiative, or other activity that focuses on adherence to rules and regulations; and

(B) values-based ethics training, education, initiative, or other activity that focuses on upholding a set of ethical principles in order to achieve high standards of conduct and incorporate guiding principles to help foster an ethical culture and inform decision-making where rules are not clear.

(2) The term “professionalism program” means a program that includes training, education, initiative, or other activity that focuses on values, ethics, standards, code of conduct, and skills as related to the military profession.

(d) Submittal of review.—The Secretary of Defense shall submit the review required by subsection (a) to the Committees on Armed Services of the Senate and the House of Representatives by not later than March 1, 2019.

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

(a) Required reports.—Not later than March 1, 2019, and annually thereafter, the Under Secretary of Defense for Acquisition and Sustainment, in consultation with the Chairman of the Joint Chiefs of Staff shall submit to the congressional defense committees each of the following:

(1) The most current munitions assessments, as defined by Department of Defense Instruction Number 3000.04, relating to the Department of Defense munitions requirements process.

(2) The most current sufficiency assessments, as defined by such Department of Defense Instruction.

(3) The most current approved memorandum of the Joint Requirements Oversight Council resulting from the munitions requirements process.

(4) The planned funding and munitions requirements required for the first fiscal year beginning after the date of the submittal of the report and across the future-years defense program for munitions across all military departments and the Missile Defense Agency.

(5) The planned foreign military sales and foreign military financing orders for United States munitions across the future-years defense program.

(b) Sunset.—The requirement to submit reports and assessments under this section shall terminate on December 31, 2021.

(c) Supply chain assessments.—Beginning in fiscal year 2020, the Under Secretary shall evaluate supply chain risks, including qualified supplier shortages and single source supplier vulnerabilities for munitions production. The Under Secretary shall include in the reports required under subsection (a) for fiscal year 2020 and any subsequent fiscal year for which such reports are required to be submitted, a list of munitions that are at risk of production impacts from the loss of qualified suppliers.

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

(a) Report required.—Not later than February 1, 2019, the Secretary of the Army shall submit to the congressional defense committees a report on the Army’s plan for the establishment of Army Futures Command.

(b) Contents of report.—The report required by subsection (a) shall include each of the following:

(1) A description of the mission of Army Futures Command.

(2) A description of the authorities and responsibilities of the Commander of Army Futures Command.

(3) A description of the relationship between such authorities and the authorities of the Army Acquisition Authority and a description of any changes to be made to the authorities and missions of other Army major commands.

(4) A detailed description of the structure for Army Futures Command, including grade requirements.

(5) A detailed description of any resources or elements to be realigned from the Army Training and Doctrine Command, Army Materiel Command, Army Force Command, or Army Test and Evaluation Command to Army Futures Command.

(6) An assessment of the number and location of members of the Armed Forces and Department of Defense civilian personnel expected to be assigned to Army Futures Command.

(7) A cost estimate for the establishment of Army Futures Command in fiscal year 2019 and projected costs for each of fiscal years 2020 through 2023.

(8) A description of the headquarters stationing selection criteria and methodology

(9) Any other information relating to the command, as determined by the Secretary.

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

(a) Plan required.—The Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff, shall develop a plan, and the estimated cost and schedule of implementing the plan, to conduct joint campaign modeling and wargaming for joint electromagnetic spectrum operations. Such plan shall include each of the following:

(1) The capabilities and capacity, and the associated governance and command and control architecture design, required to effectively employ military forces designated to conduct multi-domain electromagnetic spectrum operations of the Department of Defense.

(2) The fiscal and manpower resources required to carry out paragraph (1) and to inform the budget requests of the Department of Defense.

(3) The sufficiency of experimentation, testing, and training infrastructure, ranges, instrumentation, and threat simulators required to support the development of electromagnetic spectrum capabilities.

(4) The sufficiency and overall effectiveness of electromagnetic spectrum operations to inform joint adaptive planning activities.

(5) All level 3 and level 4 contingency plans (as such plans are described in Joint Publication 5-0 of the Joint Chiefs of Staff, entitled “Joint Planning” and dated June 16, 2017).

(b) Report.—

(1) IN GENERAL.—Not later than February 18, 2019, the Secretary of Defense shall submit to the congressional defense committees a report on the plan developed under subsection (a).

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

(c) Annual briefings.—

(1) IN GENERAL.—Not later than February 5, 2019, and annually thereafter for each of the next five subsequent years, the Secretary of Defense, in coordination with the Chairman of the Joint Chiefs of Staff, shall provide to the Committee on Armed Services of the House of Representatives a briefing on the joint electromagnetic spectrum operations of the Department of Defense. Such briefing shall include each of the following:

(A) An update on the governance, organizational structure, and activities of the Electronic Warfare Executive Committee of the Department of Defense, as established by memorandum of the Deputy Secretary of Defense on March 17, 2015.

(B) An assessment of the progress in achieving the goals and objectives described in—

(i) the current strategy for the electromagnetic spectrum warfare enterprise issued by the Executive Committee; and

(ii) Department of Defense Directive 3222.04, dated May 10, 2017.

(C) An assessment of the current readiness, sufficiency, unity of effort, and modernization of the joint military services with respect to joint electromagnetic spectrum capabilities and the ability of the joint military services to train and employ effectively in an electromagnetic spectrum warfare operational environment for all level 3 and level 4 contingency plans (as such plans are described in Joint Publication 5-0 of the Joint Chiefs of Staff, entitled “Joint Planning” and dated June 16, 2017).

(D) The same information as is required to be submitted under section 1053(b) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2459).

(2) FORM OF BRIEFING.—Each briefing required by paragraph (1) shall be unclassified, but may include a classified presentation.

(d) One-Time briefing.—

(1) IN GENERAL.—Not later than February 25, 2019, the Secretary of Defense, in coordination with the Chairman of the Joint Chiefs of Staff, shall provide to the Committee on Armed Services of the House of Representatives a briefing on the joint electromagnetic spectrum operations of the Department of Defense. Such briefing shall include each of the following:

(A) An update on the progress of the Department in implementing the pilot program authorized by section 234 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 113 note).

(B) The progress of the Department in establishing and operationalizing joint electromagnetic spectrum operations cells at battle-management and command and control locations of the combatant commanders and designated joint task force commanders.

(C) The progress of the Department in establishing a network to connect an electromagnetic battle management system to multiple sensor and intelligence data feeds to implement electronic warfare battle management for networked electronic warfare and dynamic reprogramming with automated near real-time capabilities.

(D) The number of personnel assigned to joint electromagnetic spectrum operations mission activities, to include officers, enlisted members, and civilian personnel, set forth separately by career field designator and rank for each military service, combatant command, and defense agency.

(E) A comparison of commissioned officer promotion rates among the personnel described in paragraph (d), by grade, compared to the average promotion rates for commissioned officers, by grade, in each military service, over the five most recent promotion cycles that have been completed since the end of fiscal year 2018.

(F) An assessment of Department of Defense governance, organizational alignment, human capital, and other applicable resources responsible for the development, management, and implementation of joint electromagnetic spectrum policy, doctrine, concepts, requirements, capabilities, and operational activities.

(2) FORM OF BRIEFING.—The briefing required by paragraph (1) shall be unclassified, but may include a classified presentation.

(e) Definitions.—In this section:

(1) The term “electromagnetic battle management” means the dynamic monitoring, assessing, planning, and directing of joint electromagnetic spectrum operations in support of a military commander’s scheme of maneuver.

(2) The term “joint electromagnetic spectrum operations” means those activities consisting of electronic warfare and joint electromagnetic spectrum management operations used to exploit, attack, protect, and manage the electromagnetic operational environment to achieve a military commander’s objectives.

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

(a) Report required.—Not later than February 1, 2019, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the preparedness of the Department of Defense in providing support to non-contiguous States and territories in he aftermath of a natural or manmade incident that warrants the Department to assist the State and civil entities with the protection of life and to provide emergency work.

(b) Contents of report.—For purposes of the report under subsection (a)—

(1) the support covered by the report may include support provided under section 403(c) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170b(c)); and

(2) the incidents covered by the report shall include natural disasters, acts of terrorism, and industrial accidents.

(c) Form of report.—The report required by subsection (a) shall be submitted in unclassified form, but may contain a classified annex.

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

Not later than 90 days after the date of the enactment of this Act, the Administrator of the National Aeronautics and Space Administration shall submit to the Committee on Science, Space, and Technology of the House of Representatives a report describing the progress in development of the Low-Boom Flight Demonstration, including—

(1) the plans of the Administrator to coordinate with other executive agencies to ensure the availability of developmental and operational testing infrastructure for low-boom flight demonstrations by 2021; and

(2) the strategy of the Administration to acquire chase aircrafts to ensure the availability of such aircrafts for such demonstrations.

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

Not later than 180 days after the date of the enactment of this Act, the President shall transmit to the Committees on Armed Services and Foreign Affairs of the House of Representative and the Committees on Armed Services and Foreign Relations of the Senate a report on the effects of cyber-enabled information operations on the national security of the United States. Such report shall include each of the following:

(1) A summary of actions taken by the Federal Government to protect the national security of the United States against cyber-enabled information operations.

(2) A description of the resources necessary to protect the national security of the United States against cyber-enabled information operations by foreign adversaries.

SEC. 1062. Briefing on unmanned aircraft in Arlington National Cemetery.

(a) Sense of Congress.—It is the sense of Congress that the Administrator of the Federal Aviation Administration and the Secretary of Defense should coordinate to—

(1) prevent the flight of unmanned aircraft over Arlington National Cemetery, to the maximum amount practical, in order to preserve the sacred atmosphere of the cemetery as a national shrine; and

(2) restrict all flights of unmanned aircraft over Arlington National Cemetery during the execution of funeral services, except in emergency situations, the execution of national security operations, and unmanned aircraft flown at the request of the family participating in funeral services.

(b) briefing.—Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense and the Administrator of the Federal Aviation Administration shall jointly provide to the Committees on Armed Services, Transportation and Infrastructure, and Veterans’ Affairs of the House of Representatives and the Committees on Armed Services, Commerce, Science, and Transportation, and Veterans’ Affairs of the Senate a briefing on whether legislative action is required to prevent low flying unmanned aircraft from disrupting funerals at Arlington National Cemetery.

(c) Unmanned aircraft defined.—In this section, the term “unmanned aircraft” has the meaning given such term in section 331 of the FAA Modernization and Reform Act of 2012 (Public Law 112–95).

SEC. 1063. Report on an updated arctic strategy.

(a) Report on an updated strategy.—Not later than June 1, 2019, the Secretary of Defense, in consultation with the Secretary of the Department in which the Coast Guard is operating with respect to Coast Guard operations and navigation issues, shall submit to the congressional defense committees a report on an updated Arctic Strategy to improve and enhance joint operations. The report shall also include an assessment of Russia’s aggressive buildup of military assets and infrastructure in the Arctic, as well as China’s efforts to influence Arctic policy.

(b) Elements.—The report required by subsection (a) shall include the following:

(1) A description of a joint Arctic strategy for sea operations, including all military and Coast Guard vessels available for Arctic operations.

(2) A description of a joint Arctic strategy for air operations, which will include all rotor and fixed wing military aircraft platforms available for Arctic operations.

(3) A description of a joint Arctic strategy for ground operations, which will include all military ground forces available for Arctic operations.

(4) An assessment of Russia’s continued aggressive buildup of military assets and infrastructure in the Arctic.

(5) An assessment of China’s efforts to influence global Arctic policy.

SEC. 1064. Report on desalinization technology.

Not later than 180 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a report on desalinization technology’s application for defense and national security purposes to provide drought relief to areas impacted by sharp declines in water resources.

SEC. 1065. Report on implementation of recommendations in Defense Business Board study.

(a) Report required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the efforts of the Secretary to implement the recommendations set forth in the study conducted by the Defense Business Board titled “Transforming Department of Defense’s Core Business Processes for Revolutionary Change”.

(b) Elements.—The report required under subsection (a) shall include—

(1) a description of the actions carried out by the Secretary of Defense to implement the recommendations set forth in the study described in subsection (a);

(2) identification of the specific recommendations, if any, that have been implemented by the Secretary;

(3) the amount of any cost savings achieved as a result of implementing such recommendations;

(4) identification of any recommendations that have not been implemented; and

(5) alternative recommendations to transform core business processes that would help the Department of Defense to achieve cost savings.

subtitle GOther Matters

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

(a) Title 10, United States Code.—Title 10, United States Code, is amended as follows:

(1) Sections 130j and 130k, as added by section 1631 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1736), are amended by striking “section 3093 of title 50, United States Code” both places it appears and inserting “section 503 of the National Security Act of 1947 (50 U.S.C. 3093)”.

(2) The table of sections at the beginning of chapter 3 is amended by striking the items relating to sections 130j and 130k and inserting the following new items:


“130j. Notification requirements for sensitive military cyber operations.

“130k. Notification requirements for cyber weapons.”.

(3) Section 131(b)(9), as amended by section 811, is further amended—

(A) by striking subparagraphs (B), (C), and (D); and

(B) by redesignating subparagraphs (E), (F), (G), and (H), as subparagraphs (B), (C), (D), and (E), respectively.

(4) The table of sections at the beginning of chapter 4 is amended by striking the item relating to section 261 and inserting the following:


“241. Reference to chapters 1003, 1005, and 1007.”.

(5) Section 494(b)(2) is amended in the matter preceding subparagraph (A) by striking “March 1, 2012, and annually thereafter” and inserting “March 1 of each year”.

(6) Section 495(a) is amended by striking “Beginning in fiscal year 2013, the” and inserting “The”.

(7) Section 499a(d), as added by section 1652(a) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1757), is amended by striking “on or after the date of the enactment of this section” and inserting “after December 11, 2017,”.

(8) Section 637a(d) is amended by striking “specialities” and inserting “specialties”.

(9) Section 664(d)(1) is amended by striking “the the” and inserting “the”.

(10) The table of subchapters at the beginning of chapter 47A is amended by striking the item relating to subchapter VII and inserting the following:

“VII. POST-TRIAL PROCEDURE AND REVIEW OF MILITARY COMMISSIONS”.

(11) The table of sections at the beginning of subchapter VII of chapter 47A is amended by striking the item relating to section 950g and inserting the following:


“950g. Review by United States Court of Appeals for the District of Columbia Circuit; writ of certiorari to Supreme Court.”.

(12) Section 950t is amended—

(A) in paragraph (9), by striking “attack. or” and inserting “attack, or”;

(B) in paragraph (16), by striking “shall punished” and inserting “shall be punished”; and

(C) in paragraph (22), by adding a period at the end.

(13) The table of sections at the beginning of chapter 55 is amended by striking the item relating to section 1077a and inserting the following:


“1077a. Access to military medical treatment facilities and other facilities.”.

(14) Section 1415(e) is amended by striking “concerned”.

(15) Section 2006a(b)(3) is amended by striking “the such programs” and inserting “such programs”.

(16) Section 2279(c) is amended by striking “subsection (a) and (b)” and inserting “subsections (a) and (b)”.

(17) Section 2279c, as added by section 1601(a)(1) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1718), is amended—

(A) in subsection (a)(3), by striking “ the date of the enactment of this Act” and inserting “December 12, 2017”; and

(B) in subsection (b)—

(i) in the matter preceding paragraph (1), by striking “ the date of the enactment of this section” and inserting “December 12, 2017”; and

(ii) in paragraph (3), by striking “on or after the date that is one year after the date of the enactment of this section” and inserting “after December 11, 2018”.

(18) (A) The second section 2279c, as added by section 1602 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1721), is redesignated as section 2279d.

(B) The table of sections at the beginning of chapter 135 is amended by inserting after the item relating to section 2279c the following new item:


“2279d. Limitation on construction on United States territory of satellite positioning ground monitoring stations of certain foreign governments.”.

(19) Section 2313b(b)(1)(E), as added by section 803(a) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1452), is amended by redesignating clauses (A) and (B) as clauses (i) and (ii), respectively.

(20) Section 2324(e)(1) is amended by redesignating the second subparagraph (P) and subparagraph (Q) as subparagraphs (Q) and (R), respectively.

(21) Section 2337a(d), as added by section 836(a)(1) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1473), is amended by striking “title 10, United States Code” and inserting “this title”.

(22) Section 2374a(e) is amended by striking “,,” and inserting “,”.

(23) The table of sections at the beginning of chapter 141 is amended by striking the item relating to section 2410s and inserting the following new item:


“2410s. Security clearances for facilities of certain companies.”.

(24) The heading of section 2410s is amended by striking the period at the end.

(25) (A) The heading of section 2414, as amended by section 817(1) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1462), is amended to read as follows:

§ 2414. Funding”.

(B) The item relating to such section in the table of sections at the beginning of chapter 142 is amended to read as follows:


“2414. Funding.”.

(26) Section 2613(g) is amended by striking “(1)”.

(27) Section 2679(a)(1) is amended by striking “Federal government” and inserting “Federal Government”.

(28) The heading of section 2691, as amended by section 2814(b)(1) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91), is amended to read as follows:

§ 2691. Restoration of land used by permit or damaged by mishap; reimbursement of state costs of fighting wildland fires”.

(29) Section 2879(a)(2)(A), as added by section 2817(a)(1) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91), is amended by striking “on or after the date of the enactment of this section” and inserting “after December 11, 2017,”.

(30) The heading of section 2914 is amended to read as follows:

§ 2914. Energy resilience and conservation construction projects”.

(31) Section 10504 is amended—

(A) in subsection (a), by striking “The Chief ” and inserting “(1) The Chief”; and

(B) by redesignating the second subsection (b) as subsection (c).

(b) Title 32, United States Code.—Title 32, United States Code, is amended in section 902, by striking “the Secretary, determines” and inserting “the Secretary determines”.

(c) NDAA for fiscal year 2018.—Effective as of December 12, 2017, and as if included therein as enacted, the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. __ et seq.) is amended as follows:

(1) Section 834(a)(2) (131 Stat. 1470) is amended by striking “subchapter I of”.

(2) Section 913(b) is amended by striking the dash after the colon in the matter preceding paragraph (1).

(3) Section 1051(d)) is amended by inserting “National” before “Defense Authorization Act”.

(4) Section 1691(i) is amended—

(A) by inserting “the” after “Title XIV of”; and

(B) by inserting “as enacted into law by” before “Public Law 106–398”.

(5) Section 2817(a)(2) is amended by striking “table of sections for” and inserting “table of sections at the beginning of subchapter IV of”.

(6) Section 2831(b) is amended by inserting “of title 10, United States Code,” after “chapter 173”.

(7) Section 2876(d) is amended—

(A) by inserting “In this section:” after “Definitions.—”; and

(B) in paragraph (1)(A), in the matter preceding clause (i), by inserting open quotation marks before “beneficial” and close quotation marks after “owner”.

(e) Other NDAAS.—

(1) FY2016.—Section 828(c) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2430 note), as added by section 825(a)(4) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1466), is amended by inserting “subsection” before “(b)”.

(2) FY2001.—Section 821(e) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 10 U.S.C. 2302 note) is amended by striking paragraph (2).

(f) Other laws.—

(1) TITLE 31.—Paragraph (1) of section 5112(p) of title 31, United States Code, as amended by section 885 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1505), is amended by striking “, United States Code” each place it appears.

(2) TITLE 49.—Subsection (h) of section 44718 of title 49, United States Code, as amended and redesignated by sections 311(b)(3) and 311(e)(1) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91), is amended—

(A) in paragraph (1), by striking “section 183a(g) of title 10” and inserting “section 183a(h)(1) of title 10”; and

(B) in paragraph (2), by striking “section 183a(g) of title 10” and inserting “section 183a(h)(7) of title 10”.

(3) ATOMIC ENERGY DEFENSE ACT.—Section 4309(c) of the Atomic Energy Defense Act (50 U.S.C. 2575(c)) is amended by redesignating paragraphs (17) and (18) as paragraphs (16) and (17), respectively.

(g) Conforming amendments relating to the Chief Management Officer of the Department of Defense.—

(1) CONFORMING AMENDMENTS.—

(A) Each of the following provisions law is amended by striking “Deputy Chief Management Officer” each place it appears and inserting “Chief Management Officer”:

(i) Section 192(e)(2) of title 10, United States Code.

(ii) Section 2222 of title 10, United States Code.

(iii) Section 11319(d)(4) of title 40, United States Code.

(iv) Section 881(a) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2302 note).

(v) Section 217 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2445a note).

(B) Section 131(b) of title 10, United States Code, as amended by subsection (a)(3) of this section, is further amended—

(i) by striking paragraph (4); and

(ii) by redesignating paragraphs (5) through (10) as paragraphs (4) through (9), respectively.

(C) Section 137a(d) of title 10, United States Code, is amended—

(i) by striking “the Secretaries of the military departments,” and inserting “the Chief Management Officer of the Department of Defense, the Secretaries of the military departments, and”; and

(ii) by striking “, and the Deputy Chief Management Officer of the Department of Defense”.

(D) Section 138(d) of title 10, United States Code, is amended—

(i) by inserting “the Chief Management Officer of the Department of Defense,” after “the Deputy Secretary of Defense,”; and

(ii) by striking “ the Deputy Chief Management Officer of the Department of Defense,”.

(E) Section 904(b)(4) the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 132 note.) is amended—

(i) by striking “and Deputy Chief Management Officer”and

(ii) by striking “as is necessary to assist those officials in the performance of their duties” and inserting “as is necessary to assist the Chief Management Officer in the performance of the duties assigned to such official”.

(F) Section 5314 of title 5, United States Code, is amended by striking “Deputy Chief Management Officer of the Department of Defense.”.

(2) REFERENCES.—

(A) IN LAW OR REGULATION.—Any reference in a law (other than this Act) or regulation in effect on the day before the date of the enactment of this Act to the Deputy Chief Management Officer of the Department of Defense is deemed to be a reference to the Chief Management Officer of the Department of Defense.

(B) IN OTHER DOCUMENTS, PAPERS, OR RECORDS.—Any reference in a document, paper, or other record of the United States prepared before the date of the enactment of this Act to the Deputy Chief Management Officer of the Department of Defense is deemed to be a reference to the Chief Management Officer of the Department of Defense.

(h) Coordination with other amendments made by this Act.—For purposes of applying amendments made by provisions of this Act other than this section, the amendments made by this section shall be treated as having been enacted immediately before any such amendments by other provisions of this Act.

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

(a) In general.—

(1) DESIGNATION OF PRINCIPAL ADVISOR.—Chapter 4 of title 10, United States Code, is amended by adding at the end the following new section:

§ 145. Principal Advisor on Countering Weapons of Mass Destruction

“(a) Designation.—The Secretary of Defense shall designate, from among the personnel of the Office of the Secretary of Defense, a Principal Advisor on Countering Weapons of Mass Destruction. Such Principal Advisor shall act as the principal advisor to the Secretary on the activities of the Department of Defense relating to countering weapons of mass destruction. The individual designated to serve as such Principal Advisor shall be an individual who was appointed to the position held by the individual by and with the advice and consent of the Senate.

“(b) Responsibilities.—The Principal Advisor designated under subsection (a) shall carry out the following responsibilities:

“(1) Supervising the activities of the Department of Defense relating to countering weapons of mass destruction, including the oversight of policy and operational considerations, resources, personnel, acquisition, and technology.

“(2) Carrying out such other responsibilities relating to countering weapons of mass destruction as the Secretary shall specify.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following new item:


“145. Principal Advisor on Countering Weapons of Mass Destruction.”.

(b) Oversight plan.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a plan to streamline the oversight framework of the Office of the Secretary of Defense, including any efficiencies and the potential to reduce, realign, or otherwise restructure current Assistant Secretary and Deputy Assistant Secretary positions with responsibilities for overseeing countering weapons of mass destruction policy, programs, and activities.

SEC. 1073. Receipt of firearm or ammunition.

(a) Receipt of firearm or ammunition by spouse of member of the armed forces at a duty station of the member outside the united states.—Section 925(a)(3) of title 18, United States Code, is amended—

(1) by inserting “, or to the spouse of such a member,” before “or to”;

(2) by striking “members,” and inserting “members and spouses,”;

(3) by striking “members or” and inserting “members, spouses, or”; and

(4) by striking “member or” and inserting “member, spouse, or”.

(b) Residency of spouses of members of the armed forces to be determined on the same basis as the residency of such members for purposes of federal firearms laws.—Section 921(b) of title 18, United States Code, is amended to read as follows:

“(b) For purposes of this chapter, a member of the Armed Forces on active duty, or a spouse of such a member, is a resident of—

“(1) the State in which the member or spouse maintains legal residence;

“(2) the State in which the permanent duty station of the member is located; and

“(3) the State in which the member maintains a place of abode from which the member commutes each day to the permanent duty station of the member.”.

(c) Effective date.—The amendments made by this section shall apply to conduct engaged in after the 6-month period that begins on the date of the enactment of this Act.

SEC. 1074. Federal charter for Spirit of America.

(a) Federal charter.—Part B of subtitle II of title 36, United States Code, is amended by inserting after chapter 2003 the following new chapter:

“CHAPTER 2005SPIRIT OF AMERICA


“Sec.

“200501. Organization.

“200502. Purposes.

“200503. Governing body.

“200504. Powers.

“200505. Restrictions.

“200506. Records and inspection.

“200507. Duty to maintain tax-exempt status.

“200508. Quarterly report.

§ 200501. Organization

“(a) Federal charter.—Spirit of America (in this chapter ‘the corporation’), a nonprofit corporation, is a federally chartered corporation.

“(b) Expiration of charter.—If the corporation does not comply with the provisions of this chapter, the charter granted by this chapter expires.

“(c) Scope of charter.—Nothing in the charter granted by this chapter shall be construed as conferring special rights or privileges upon the corporation, or as placing upon the Department of Defense any obligation with respect to the corporation.

§ 200502. Purposes

“The purposes of the corporation are as provided in its constitution and bylaws and include the following:

“(1) To respond to the needs of local populations abroad, as identified by members of the Armed Forces and diplomats of the United States abroad.

“(2) To connect the people of the United States more closely to the members of the Armed Forces and diplomats of the United States abroad, and to the missions carried out by such personnel abroad.

“(3) To demonstrate the goodwill of the people of the United States to peoples around the world.

§ 200503. Governing body

“(a) Board of directors.—

“(1) The board of directors is the governing body of the corporation. The powers, duties, and responsibilities of the board are as provided in the constitution and bylaws of the corporation.

“(2) The number of directors is as provided in the constitution of the corporation. Their manner of selection (including the filling of vacancies) and their term of office are as provided in the constitution and bylaws.

“(b) Officers.— (1) The officers of the corporation are a chairman of the board of directors, a president, one or more vice presidents as provided in the constitution and bylaws, a secretary, a treasurer, and one or more assistant secretaries and assistant treasurers as provided in the constitution and bylaws.

“(2) The manner of election, term of office, and duties of the officers are as provided in the constitution and bylaws.

§ 200504. Powers

“The corporation may—

“(1) adopt and amend a constitution, by-laws, and regulations to carry out the purposes of the corporation;

“(2) adopt and alter a corporate seal;

“(3) establish and maintain offices to conduct its activities;

“(4) enter into contracts;

“(5) acquire, own, lease, encumber, and transfer property as necessary and appropriate to carry out the purposes of the corporation;

“(6) establish, regulate, and discontinue subordinate State and territorial subdivisions and local chapters or posts;

“(7) publish a magazine and other publications (including through the Internet);

“(8) sue and be sued;

“(9) do any other act necessary and proper to carry out the purposes of the corporation as provided in its constitution, by-laws, and regulations; and

“(10) to do any other act necessary and proper to carry out the purposes stated in section 200502 of this title.

§ 200505. Restrictions

“(a) Profit.—The corporation may not engage in business activity for profit unless the activity is substantially related to—

“(1) the purposes stated in 200502 of this title; or

“(2) raising funds to accomplish those purposes.

“(b) Stock and dividends.—The corporation may not issue stock or declare or pay a dividend.

“(c) Political activities.—The corporation shall be nonpolitical and may not provide financial aid or assistance to, or otherwise promote the candidacy of, an individual seeking elective public office. A substantial part of the activities of the corporation may not involve carrying on propaganda or otherwise attempting to influence legislation.

“(d) Distribution of income or assets.—The income or assets of the corporation may not inure to the benefit of a governor, officer, member, or employee or be distributed to any person during the life of the corporation or on its dissolution or final liquidation. This subsection does not prevent the payment of reasonable compensation to an officer, employee, or other person or reimbursement for actual necessary expenses in amounts approved by the board of directors.

“(e) Loans.—The corporation may not make a loan to a governor, officer, member or employee.

“(f) No claim of governmental approval or authority.—The corporation may not claim approval of Congress, of the authority of the United States, for any activity of the corporation.

§ 200506. Records and inspection

“(a) Records.—The corporation shall keep—

“(1) correct and complete records of account;

“(2) minutes of the proceedings of its members, board of governors, and committees having any of the authority of the corporation; and

“(3) at its principal office, a record of the names and addresses of its members entitled to vote.

“(b) Inspection.—A member, or an agent or attorney of a member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

§ 200507. Duty to maintain tax-exempt status

“If the corporation fails to maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986, the charter granted under this chapter shall terminate.

§ 200508. Quarterly report

“The corporation shall submit a quarterly report to Congress on the activities of the corporation during the prior fiscal year quarter. The report shall be submitted at the same time as the report of the audit required by section 10101 of this title.”.

(b) Distribution of corporation assistance abroad through Department of Defense.—

(1) ACCEPTANCE AND COORDINATION OF ASSISTANCE.—The Secretary of Defense may, subject to the availability of appropriations for such purpose, and in accordance with guidance reviewed or issued under section 1088 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) and guidance issued by the Secretary developed with the concurrence of the Secretary of State and the Administrator of the United States Agency for International Development—

(A) accept from Spirit of America, a federally-charted corporation under chapter 2005 of title 36, United States Code (as added by subsection (a) of this section), humanitarian, economic, and other nonlethal assistance funded by private funds in the carrying out of the purposes of the corporation; and

(B) respond to requests from the corporation for the identification of the needs of local populations abroad for assistance, and coordinate with the corporation in the provision and distribution of such assistance, in the carrying out of such purposes.

(2) DISTRIBUTION OF ASSISTANCE TO LOCAL POPULATIONS.—In accordance with guidance issued by the Secretary of Defense developed with the concurrence of the Secretary of State and the Administrator of the United States Agency for International Development, members of the Armed Forces abroad may provide to local populations abroad humanitarian, economic, and other nonlethal assistance provided to the Department by the corporation pursuant to this subsection.

(3) SCOPE OF GUIDANCE.—The guidance issued pursuant to this subsection shall ensure that any assistance distributed pursuant to this subsection shall be for purposes of supporting the mission or missions of the Department of Defense and the Armed Forces for which such assistance is provided by the corporation.

(4) DEPARTMENT OF DEFENSE SUPPORT FOR CORPORATION ACTIVITIES.—In accordance with guidance issued by the Secretary of Defense, the Department of Defense and the Armed Forces may, subject to the availability of appropriations for such purpose—

(A) provide transportation, lodging, storage, and other logistical support—

(i) to personnel of the corporation (whether in the United States or abroad) who are carrying out the purposes of the corporation; and

(ii) in connection with the acceptance and distribution of assistance provided by the corporation; and

(B) use assets of the Department and the Armed Forces in the provision of support described in subparagraph (A).

(c) Tables of chapters.—The table of chapters at the beginning of title 36, United States Code, and at the beginning of subtitle II of such title, are each amended by inserting after the item relating to chapter 2003 the following new item:




SEC. 1075. Transfer of aircraft to other departments.

Section 1098 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 881) is amended—

(1) by striking subsections (a) and (f);

(2) by redesignating subsections (b) through (e) as subsections (a) through (d), respectively;

(3) by redesignating subsections (g) and (h) as subsections (e) and (f);

(4) in subsection (a)(1), as so redesignated, by striking “and subject to the certification requirement under subsection (f),”; and

(5) in subsection (d), as so redesignated—

(A) by striking “Promptly following the completion of the certification requirement under subsection (f) and notwithstanding” and inserting “Notwithstanding”; and

(B) by striking “shall begin transfer, without reimbursement, of—” and inserting “shall transfer, without reimbursement—”.

SEC. 1076. Reauthorization of National Aviation Heritage Area.

(a) Findings.—Congress finds as follows:

(1) The National Aviation Heritage Area, as it is currently defined, contains the National Museum of the United States Air Force and the Huffman Prairie Flying Field located within the grounds of Wright-Patterson Air Force Base.

(2) The National Aviation Heritage Area continues to preserve the historical legacy of the Wright brothers and the birth of aviation, therefore, the National Park Service should designate the National Aviation Heritage Area as a longstanding heritage area.

(b) Reauthorization.—The National Aviation Heritage Area Act (title V of division J of the Consolidated Appropriations Act, 2005; Public Law 108–447) is amended—

(1) by striking “The Aviation Heritage Foundation, Incorporated,”, “the Aviation Heritage Foundation, Incorporated (a nonprofit corporation established under the laws of the State of Ohio)”, “the Aviation Heritage Foundation”, “the Aviation Heritage Foundation, Incorporated” and “the Foundation” each place they appear and inserting “Dayton History”;

(2) in section 503, by amending paragraph (1) to read as follows:

“(1) DAYTON HISTORY.—The term ‘Dayton History’ means Dayton History, an organization incorporated in Ohio and described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code.”;

(3) in section 505, by adding at the end the following new subsection:

“(d) Acceptance of funds and services.—The management entity may accept funds and services from any Federal or non-Federal source for the purposes of implementing the Management Plan.”; and

(4) in section 512, by striking “the date that is 15 years after the date that funds are first made available for this title” and inserting “September 30, 2025”.

(c) Management plan.—Dayton History (as such term is defined in section 503(1) of the National Aviation Heritage Area Act (title V of division J of the Consolidated Appropriations Act, 2005; Public Law 108–447)) may manage the National Aviation Heritage Area under the management plan in effect for that heritage area as of the date of the enactment of this Act.

SEC. 1077. Recognition of America’s veterans.

(a) Authorization of support.—In order to honor American veterans, including American veterans of past wars that the Secretary of Defense determines have not received appropriate recognition, the Secretary may provide such support as the Secretary determines is appropriate for a parade to be carried out in the District of Columbia. In providing support under this subsection, the Secretary may expend funds for the display of small arms and munitions appropriate for customary ceremonial honors and for the participation of military units that perform customary ceremonial duties.

(b) Prohibition.—In providing support for a parade as described in subsection (a), the Secretary may not expend funds to provide motorized vehicles, aviation platforms, munitions other than the munitions specifically described in subsection (a), operational military units, or operational military platforms if the Secretary determines that providing such units, platforms, or equipment would undermine the readiness of such units, platforms, or equipment.

SEC. 1078. National Commission on Military Aviation Safety.

(a) Establishment.—There is established the National Commission on Military Aviation Safety (in this section referred to as the “Commission”).

(b) Membership.—

(1) COMPOSITION.—The Commission shall be composed of eight members, of whom—

(A) four shall be appointed by the President;

(B) one shall be appointed by the Chairman of the Committee on Armed Services of the Senate;

(C) one shall be appointed by the Ranking Member of the Committee on Armed Services of the Senate;

(D) one shall be appointed by the Chairman of the Committee on Armed Services of the House of Representatives; and

(E) one shall be appointed by the Ranking Member of the Committee on Armed Services of the House of Representatives.

(2) APPOINTMENT DATE.—The appointments of the members of the Commission shall be made not later than 90 days after the date of the enactment of this Act.

(3) EFFECT OF LACK OF APPOINTMENT BY APPOINTMENT DATE.—If one or more appointments under subparagraph (A) of paragraph (1) is not made by the appointment date specified in paragraph (2), the authority to make such appointment or appointments shall expire, and the number of members of the Commission shall be reduced by the number equal to the number of appointments so not made. If an appointment under subparagraph (B), (C), (D), or (E) of paragraph (1) is not made by the appointment date specified in paragraph (2), the authority to make an appointment under such subparagraph shall expire, and the number of members of the Commission shall be reduced by the number equal to the number otherwise appointable under such subparagraph.

(4) EXPERTISE.—In making appointments under this subsection, consideration should be given to individuals with expertise in military aviation training, aviation technology, military aviation operations, aircraft sustainment and repair, aviation personnel policy, aerospace physiology, and reserve component policy.

(c) Period of Appointment; Vacancies.—Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment.

(d) Chair and Vice Chair.—The Commission shall select a Chair and Vice Chair from among its members.

(e) Meetings.—

(1) IN GENERAL.—The Commission shall meet at the call of the Chair.

(2) INITIAL MEETING.—Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its initial meeting.

(3) QUORUM.—A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings.

(f) Duties.—

(1) STUDY ON MILITARY AVIATION SAFETY.—The Commission shall undertake a comprehensive study of United States military aviation mishaps that occurred between fiscal years 2013 and 2018 in order—

(A) to assess the rates of military aviation mishaps between fiscal years 2013 and 2018 compared to historic aviation mishap rates;

(B) to make an assessment of the underlying causes contributing to the unexplained physiological effects;

(C) to make an assessment of causes contributing to delays in aviation maintenance and limiting operational availability of aircraft;

(D) to make an assessment of the causes contributing to military aviation mishaps; and

(E) to make recommendations on the modifications, if any, of safety, training, maintenance, personnel, or other policies related to military aviation safety.

(2) REPORT.—Not later than June 1, 2019, the Commission shall submit to the President and the congressional defense committees a report setting forth a detailed statement of the findings and conclusions of the Commission as a result of the study required by paragraph (1), together with the recommendations of the Commission for such legislative and administrative actions as the Commission considers appropriate in light of the results of the study.

(g) Powers.—

(1) HEARINGS.—The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out its duties under this subtitle.

(2) INFORMATION FROM DEPARTMENT.—The Commission may secure directly from any element of the Department of Defense such information as the Commission considers necessary to carry out its duties under this subtitle. Upon request of the Chair of the Commission, the head of such element shall furnish such information to the Commission.

(h) Termination.—The Commission shall terminate 90 days after the date on which the Commission submits the report required under subsection (f)(2).

(i) Sense of Congress.—It is the sense of Congress that—

(1) the Secretary of Defense should take every immediate action to make necessary repairs to aviation systems and increase pilot training and proficiency without assuming additional risk to flight safety; and

(2) this Act and the Defense Appropriations Act for fiscal year 2019 should be enacted into law by not later than October 1, 2018, at the maximum amount permitted by the Bipartisan Budget Act of 2018 (Public Law 115–23) without being conditioned on any other issue and without regard to any issue or difference of opinion.

SEC. 1079. Target practice and marksmanship training support.

(a) Findings; purpose.—

(1) FINDINGS.—Congress finds that—

(A) the use of firearms and archery equipment for target practice and marksmanship training activities on Federal land is allowed, except to the extent specific portions of that land have been closed to those activities;

(B) in recent years preceding the date of enactment of this section, portions of Federal land have been closed to target practice and marksmanship training for many reasons;

(C) the availability of public target ranges on non-Federal land has been declining for a variety of reasons, including continued population growth and development near former ranges;

(D) providing opportunities for target practice and marksmanship training at public target ranges on Federal and non-Federal land can help—

(i) to promote enjoyment of shooting, recreational, and hunting activities; and

(ii) to ensure safe and convenient locations for those activities;

(E) Federal law in effect on the date of enactment of this section, including the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 et seq.), provides Federal support for construction and expansion of public target ranges by making available to States amounts that may be used for construction, operation, and maintenance of public target ranges; and

(F) it is in the public interest to provide increased Federal support to facilitate the construction or expansion of public target ranges.

(2) PURPOSE.—The purpose of this section is to facilitate the construction and expansion of public target ranges, including ranges on Federal land managed by the Forest Service and the Bureau of Land Management.

(b) Amendments to Pittman-Robertson Wildlife Restoration Act.—

(1) DEFINITIONS.—Section 2 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669a) is amended—

(A) by redesignating paragraphs (2) through (8) as paragraphs (3) through (9), respectively; and

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

“(2) the term ‘public target range’ means a specific location that—

“(A) is identified by a governmental agency for recreational shooting;

“(B) is open to the public;

“(C) may be supervised; and

“(D) may accommodate archery or rifle, pistol, or shotgun shooting;”.

(2) EXPENDITURES FOR MANAGEMENT OF WILDLIFE AREAS AND RESOURCES.—Section 8(b) of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669g(b)) is amended—

(A) by striking “(b) Each State” and inserting the following:

“(b) Expenditures for management of wildlife areas and resources.—

“(1) IN GENERAL.—Except as provided in paragraph (2), each State”;

(B) in paragraph (1) (as so designated), by striking “construction, operation,” and inserting “operation”;

(C) in the second sentence, by striking “The non-Federal share” and inserting the following:

“(3) NON-FEDERAL SHARE.—The non-Federal share”;

(D) in the third sentence, by striking “The Secretary” and inserting the following:

“(4) REGULATIONS.—The Secretary”; and

(E) by inserting after paragraph (1) (as designated by paragraph (1) of this subsection) the following:

“(2) EXCEPTION.—Notwithstanding the limitation described in paragraph (1), a State may pay up to 90 percent of the cost of acquiring land for, expanding, or constructing a public target range.”.

(3) FIREARM AND BOW HUNTER EDUCATION AND SAFETY PROGRAM GRANTS.—Section 10 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669h–1) is amended—

(A) in subsection (a), by adding at the end the following:

“(3) ALLOCATION OF ADDITIONAL AMOUNTS.—Of the amount apportioned to a State for any fiscal year under section 4(b), the State may elect to allocate not more than 10 percent, to be combined with the amount apportioned to the State under paragraph (1) for that fiscal year, for acquiring land for, expanding, or constructing a public target range.”;

(B) by striking subsection (b) and inserting the following:

“(b) Cost sharing.—

“(1) IN GENERAL.—Except as provided in paragraph (2), the Federal share of the cost of any activity carried out using a grant under this section shall not exceed 75 percent of the total cost of the activity.

“(2) PUBLIC TARGET RANGE CONSTRUCTION OR EXPANSION.—The Federal share of the cost of acquiring land for, expanding, or constructing a public target range in a State on Federal or non-Federal land pursuant to this section or section 8(b) shall not exceed 90 percent of the cost of the activity.”; and

(C) in subsection (c)(1)—

(i) by striking “Amounts made” and inserting the following:

“(A) IN GENERAL.—Except as provided in subparagraph (B), amounts made”; and

(ii) by adding at the end the following:

“(B) EXCEPTION.—Amounts provided for acquiring land for, constructing, or expanding a public target range shall remain available for expenditure and obligation during the 5-fiscal-year period beginning on October 1 of the first fiscal year for which the amounts are made available.”.

(c) Limits on liability.—

(1) DISCRETIONARY FUNCTION.—For purposes of chapter 171 of title 28, United States Code (commonly referred to as the “Federal Tort Claims Act”), any action by an agent or employee of the United States to manage or allow the use of Federal land for purposes of target practice or marksmanship training by a member of the public shall be considered to be the exercise or performance of a discretionary function.

(2) CIVIL ACTION OR CLAIMS.—Except to the extent provided in chapter 171 of title 28, United States Code, the United States shall not be subject to any civil action or claim for money damages for any injury to or loss of property, personal injury, or death caused by an activity occurring at a public target range that is—

(A) funded in whole or in part by the Federal Government pursuant to the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 et seq.); or

(B) located on Federal land.

(d) Sense of Congress regarding cooperation.—It is the sense of Congress that, consistent with applicable laws and regulations, the Chief of the Forest Service and the Director of the Bureau of Land Management should cooperate with State and local authorities and other entities to carry out waste removal and other activities on any Federal land used as a public target range to encourage continued use of that land for target practice or marksmanship training.

(e) Definition of public target range.—In this section, the term “public target range” means a specific location that—

(1) is identified by a governmental agency for recreational shooting;

(2) is open to the public;

(3) may be supervised; and

(4) may accommodate archery or rifle, pistol, or shotgun shooting.

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

It is the sense of Congress that each facility of the Department of Defense housing an F–22 aircraft squadron should have adversary air capabilities to improve the training of F–22 aircrews.

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

It is the sense of Congress that—

(1) retaining attack rotary wing aviation assets in the Army National Guard continues to be important;

(2) the National Guard should retain organic attack aviation training capacity; and

(3) the Western and Eastern Army Aviation Training Sites have proven invaluable in maintaining Army National Guard aviation readiness.

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

(a) Findings.—Congress finds the following:

(1) The United States celebrates Native American History Month each November to recognize and honor the history and achievements of Native Americans.

(2) American Indian and Alaska Natives serve in all branches of the Armed Forces, attend all service academies, and defend our country with valiance, pride, and honor.

(3) More than 30,000 active duty, reserve, and National Guard members of the Armed Forces identify as Native American.

(4) American Indian and Alaska Natives have served and continue to serve in the highest proportions to population than any other ethnic group.

(5) American Indian and Alaska Natives have served in every war, from the Revolutionary War to current overseas conflicts.

(6) Native American veterans are Congressional Medal of Honor, Congressional Gold and Silver Medals, Purple Heart, and Bronze Star Medal recipients.

(7) American Indian and Alaska Native women serve in Armed Forces in higher proportions than any other ethnic group.

(8) Native American Code Talkers and their languages proved an invaluable asset during World Wars I and II.

(9) Ira Hayes, Akimel O’odham (Pima) helped to raise the American flag on Iwo Jima;

(10) Dr. Joseph Medicine Crow, Apsáalooke (Crow), served in WWII and became a war chief.

(11) Numerous present and past military aircraft, helicopters, and munitions programs bear the names of Native American tribes and tribal leaders to honor their legacy of martial prowess, including the Apache, Kiowa, Black Hawk, Lakota, Chinook, Huron, Iroquois, Comanche, Cayuse, Chickasaw, Ute, Gray Eagle, Mescalero, Tomahawk, and more.

(12) Native American tribes commonly take part in ceremonies alongside military units to bless new aircraft and mark successful inception of new fleets.

(13) More than 140,000 veterans across the United States identify as Native American.

(14) Each November, the Department of Defense honors the unique and special relationship with tribal communities during Native American Heritage Month.

(b) Sense of Congress.—It is the sense of Congress that Congress—

(1) recognizes and honors the legacy and contributions of American Indian and Alaska Natives and tribal communities to the military of the United States; and

(2) commits to ensuring progress for American Indian and Alaska Native members of the Armed Forces and veterans with regard to representation in senior military leadership positions, improving access to culturally competent resources and services, and supporting families and tribal communities.

SEC. 1083. Amateur radio parity.

(a) Findings.—Congress finds the following:

(1) More than 730,000 radio amateurs in the United States are licensed by the Federal Communications Commission in the amateur radio services.

(2) Amateur radio, at no cost to taxpayers, provides a fertile ground for technical self-training in modern telecommunications, electronics technology, and emergency communications techniques and protocols.

(3) There is a strong Federal interest in the effective performance of amateur stations established at the residences of licensees. Such stations have been shown to be frequently and increasingly precluded by unreasonable private land use restrictions, including restrictive covenants.

(4) Federal Communications Commission regulations have for three decades prohibited the application to stations in the amateur service of State and local regulations that preclude or fail to reasonably accommodate amateur service communications, or that do not constitute the minimum practicable regulation to accomplish a legitimate State or local purpose. Commission policy has been and is to require States and localities to permit erection of a station antenna structure at heights and dimensions sufficient to accommodate amateur service communications.

(5) The Commission has sought guidance and direction from Congress with respect to the application of the Commission’s limited preemption policy regarding amateur service communications to private land use restrictions, including restrictive covenants.

(6) There are aesthetic and common property considerations that are uniquely applicable to private land use regulations and the community associations obligated to enforce covenants, conditions, and restrictions in deed-restricted communities. These considerations are dissimilar to those applicable to State law and local ordinances regulating the same residential amateur radio facilities.

(7) In recognition of these considerations, a separate Federal policy than exists at section 97.15(b) of title 47, Code of Federal Regulations, is warranted concerning amateur service communications in deed-restricted communities.

(8) Community associations should fairly administer private land use regulations in the interest of their communities, while nevertheless permitting the installation and maintenance of effective outdoor amateur radio antennas. There exist antenna designs and installations that can be consistent with the aesthetics and physical characteristics of land and structures in community associations while accommodating communications in the amateur radio services.

(b) Application of private land use restrictions to amateur stations.—

(1) AMENDMENT OF FCC RULES.—Not later than 120 days after the date of the enactment of this Act, the Federal Communications Commission shall amend section 97.15 of title 47, Code of Federal Regulations, by adding a new paragraph that prohibits the application to amateur stations of any private land use restriction, including a restrictive covenant, that—

(A) on its face or as applied, precludes communications in an amateur radio service;

(B) fails to permit a licensee in an amateur radio service to install and maintain an effective outdoor antenna on property under the exclusive use or control of the licensee; or

(C) does not constitute the minimum practicable restriction on such communications to accomplish the lawful purposes of a community association seeking to enforce such restriction.

(2) ADDITIONAL REQUIREMENTS.—In amending its rules as required by subsection (a), the Commission shall—

(A) require any licensee in an amateur radio service to notify and obtain prior approval from a community association concerning installation of an outdoor antenna;

(B) permit a community association to prohibit installation of any antenna or antenna support structure by a licensee in an amateur radio service on common property not under the exclusive use or control of the licensee; and

(C) subject to the standards specified in paragraphs (1) and (2) of subsection (a), permit a community association to establish reasonable written rules concerning height, location, size, and aesthetic impact of, and installation requirements for, outdoor antennas and support structures for the purpose of conducting communications in the amateur radio services.

(c) Affirmation of limited preemption of State and local land use regulation.—The Federal Communications Commission may not change section 97.15(b) of title 47, Code of Federal Regulations, which shall remain applicable to State and local land use regulation of amateur service communications.

(d) Definitions.—In this section:

(1) The term “community association” means any non-profit mandatory membership organization composed of owners of real estate described in a declaration of covenants or created pursuant to a covenant or other applicable law with respect to which a person, by virtue of the person’s ownership of or interest in a unit or parcel, is obligated to pay for a share of real estate taxes, insurance premiums, maintenance, improvement, services, or other expenses related to common elements, other units, or any other real estate other than the unit or parcel described in the declaration.

(2) The terms “amateur radio services”, “amateur service”, and “amateur station” have the meanings given such terms in section 97.3 of title 47, Code of Federal Regulations.

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

It is the sense of Congress that—

(1) gaining and maintaining situational awareness and operational control of the international borders of the United States is critical to national security;

(2) the United States Government must devote adequate resources to securing the border, both at, and between, ports of entry, and the agency tasked with that mission, the Department of Homeland Security, should be adequately resourced to conduct such mission; and

(3) the Department of Defense must ensure that when it acts in support of that mission, such as when mobilized by the President to conduct homeland defense activities, or when military facilities are adjacent to an international border of the United States, it has adequate resources, capabilities, and authorities to carry out the mission while maintaining combat readiness.

SEC. 1085. PROGRAM TO COMMEMORATE 75TH ANNIVERSARY OF WORLD WAR II.

(a) Commemorative program authorized.—The Secretary of Defense shall conduct a program to commemorate the 75th anniversary of World War II. In conducting the commemorative program, the Secretary shall support and facilitate other programs and activities of the Federal Government, State and local governments, and not-for-profit organizations in commemoration of the 75th anniversary of World War II.

(b) Commemorative activities and objectives.—The commemorative program may include activities and ceremonies to achieve the following objectives:

(1) To thank and honor veterans of World War II, including personnel who were held as prisoners of war or listed as missing in action, for their service and sacrifice on behalf of the United States and to thank and honor the families of these veterans.

(2) To educate the public about the history of World War II and highlight the service of the Armed Forces during World War II and the contributions of Federal agencies and governmental and nongovernmental organizations that served with, or in support of, the Armed Forces.

(3) To pay tribute to the contributions made on the home front by the people of the United States during World War II.

(4) To recognize the contributions and sacrifices made by the allies of the United States during World War II.

(5) To remember the Holocaust, the annihilation of 6,000,000 Jews by the Nazi regime, and to pay tribute to the Allied troops who liberated Nazi concentration camps during World War II.

(c) Names and symbols.—The Secretary of Defense shall have the sole and exclusive right to use the name “The United States of America 75th Anniversary of World War II Commemoration”, and such seal, emblems, and badges incorporating such name as the Secretary may lawfully adopt. Nothing in this section may be construed to supersede rights that are established or vested before the date of the enactment of this Act.

(d) Commemorative fund.—

(1) ESTABLISHMENT AND ADMINISTRATION.—Upon the Secretary establishing the commemorative program under subsection (a), the Secretary of the Treasury shall establish in the Treasury of the United States an account to be known as the “Department of Defense World War II Commemoration Fund” (in this section referred to as the “Fund”). The Fund shall be administered by the Secretary of Defense.

(2) USE OF FUND.—The Secretary of Defense shall use the assets of the Fund only for the purpose of conducting the commemorative program and providing grants to State and local governments and not-for-profit organizations for commemorative activities, and shall prescribe such regulations regarding the use of the Fund as the Secretary considers to be necessary.

(3) DEPOSITS.—The following shall be deposited into the Fund:

(A) Amounts appropriated to the Fund.

(B) Proceeds derived from the Secretary’s use of the exclusive rights described in subsection (c).

(C) Donations made in support of the commemorative program by private and corporate donors.

(D) Funds transferred to the Fund by the Secretary from funds appropriated for fiscal year 2019 and subsequent years for the Department of Defense.

(4) AVAILABILITY.—Subject to subsection (g)(2), amounts deposited under paragraph (3) shall constitute the assets of the Fund and remain available until expended.

(5) BUDGET REQUEST.—The Secretary of Defense may establish a separate budget line for the commemorative program. In the budget justification materials submitted by the Secretary in support of the budget of the President for any fiscal year for which the Secretary establishes the separate budget line, the Secretary shall—

(A) identify and explain any amounts expended for the commemorative program in the fiscal year preceding the budget request;

(B) identify and explain the amounts being requested to support the commemorative program for the fiscal year of the budget request; and

(C) present a summary of the fiscal status of the Fund.

(e) Acceptance of voluntary services.—

(1) AUTHORITY TO ACCEPT SERVICES.—Notwithstanding section 1342 of title 31, United States Code, the Secretary of Defense may accept from any person voluntary services to be provided in furtherance of the commemorative program. The Secretary of Defense shall prohibit the solicitation of any voluntary services if the nature or circumstances of such solicitation would compromise the integrity or the appearance of integrity of any program of the Department of Defense or of any individual involved in the program.

(2) REIMBURSEMENT OF INCIDENTAL EXPENSES.—The Secretary may provide for reimbursement of incidental expenses incurred by a person providing voluntary services under this subsection. The Secretary shall determine which expenses are eligible for reimbursement under this paragraph.

(f) Consultation with Director of the United States Holocaust Memorial Museum.—In designing the commemorative program conducted under this section, the Secretary of Defense shall consult with the Director of the United States Holocaust Memorial Museum.

(g) Final report.—

(1) REPORT REQUIRED.—Not later than 60 days after the end of the commemorative program established by the Secretary of Defense under subsection (a), the Secretary shall submit to Congress a report containing an accounting of—

(A) all of the funds deposited into and expended from the Fund;

(B) any other funds expended under this section; and

(C) any unobligated funds remaining in the Fund.

(2) TREATMENT OF UNOBLIGATED FUNDS.—Unobligated amounts remaining in the Fund as of the end of the commemorative period shall be held in the Fund until transferred by law.

(h) Limitation on expenditures.—Total expenditures from the Fund, using amounts appropriated to the Department of Defense, may not exceed $5,000,000 for fiscal year 2019 or for any subsequent fiscal year to carry out the commemorative program.

(i) Funding.—Of the amount authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for operation and maintenance, Defense-wide activities, $2,000,000 shall be available for deposit in the Fund.

SEC. 1086. Compliance with requirements relating to reciprocity of security clearance and access determinations.

The Secretary of Defense shall take such steps as may be necessary to ensure the expedited compliance of the Department of Defense with section 3001(d) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108–458; 50 U.S.C. 3341(d)).

SEC. 1087. Assessment regarding eligibility for compensation for compensable diseases under the Radiation Exposure Compensation Act.

(a) Assessment.—The National Cancer Institute and the Centers for Disease Control and Prevention shall assess the application of probability of causation/assigned share (in this section referred to as “PC/AS”) to determine eligibility for compensation for compensable diseases under the Radiation Exposure Compensation Act (Public Law 101–426; 42 U.S.C. 2210 note) in downwind populations in the continental United States, Alaska, Hawaii, and the possessions and territories of the United States. To carry out the assessment, the National Cancer Institute and the Centers for Disease Control and Prevention shall, at a minimum—

(1) complete the work begun in the late 1990s to develop dose estimates for downwind populations in such locations from fallout from nuclear weapons testing by the United States; and

(2) estimate the portions of these downwind populations that could become eligible for compensation compensable diseases under such Act for each of the following PC/AS criteria:

(A) Median PC/AS > 0.5.

(B) PC/AS > 0.5 at the 80 percent credibility limit.

(C) PC/AS > 0.5 at the 99 percent credibility limit.

(b) Provision of information.—Not later than 60 days after the date of the enactment of this Act, the National Cancer Institute and the Centers for Disease Control and Prevention shall inform Congress of the time and resources required to carry out the assessment under subsection (a).

SEC. 1088. Use of GI benefits for agriculture-related education programs.

The Secretary, in consultation with the Secretary of Labor and the Secretary of Veterans Affairs, shall provide guidance and resources for individuals interested in using educational benefits under chapter 30, 31, 32, 33, 34, or 35 of title 38, United States Code, or chapter 1606 or 1607 of title 10, United States Code, for agriculture-related education programs.

SEC. 1089. Arctic survival training.

The Secretary of Defense shall ensure that in developing any Arctic survival curriculum, the Department of Defense shall engage with local indigenous communities for their traditional knowledge.

SEC. 1090. Privacy protections for electronic communications information that is stored by third-party service providers.

(a) Voluntary disclosure corrections.—

(1) IN GENERAL.—Section 2702 of title 18, United States Code, is amended—

(A) in subsection (a)—

(i) in paragraph (1)—

(I) by striking “divulge” and inserting “disclose”; and

(II) by striking “while in electronic storage by that service” and inserting “that is in electronic storage with or otherwise stored, held, or maintained by that service”;

(ii) in paragraph (2)—

(I) by striking “to the public”;

(II) by striking “divulge” and inserting “disclose”; and

(III) by striking “which is carried or maintained on that service” and inserting “that is stored, held, or maintained by that service”; and

(iii) in paragraph (3)—

(I) by striking “divulge” and inserting “disclose”; and

(II) by striking “a provider of” and inserting “a person or entity providing”;

(B) in subsection (b)—

(i) in the matter preceding paragraph (1), by inserting “wire or electronic” before “communication”;

(ii) by amending paragraph (1) to read as follows:

“(1) to an originator, addressee, or intended recipient of such communication, to the subscriber or customer on whose behalf the provider stores, holds, or maintains such communication, or to an agent of such addressee, intended recipient, subscriber, or customer;”; and

(iii) by amending paragraph (3) to read as follows:

“(3) with the lawful consent of the originator, addressee, or intended recipient of such communication, or of the subscriber or customer on whose behalf the provider stores, holds, or maintains such communication;”;

(C) in subsection (c) by inserting “wire or electronic” before “communications”;

(D) in each of subsections (b) and (c), by striking “divulge” and inserting “disclose”; and

(E) in subsection (c), by amending paragraph (2) to read as follows:

“(2) with the lawful consent of the subscriber or customer;”.

(b) Amendments to required disclosure section.—Section 2703 of title 18, United States Code, is amended—

(1) by striking subsections (a) through (c) and inserting the following:

“(a) Contents of wire or electronic communications in electronic storage.—Except as provided in subsections (i) and (j), a governmental entity may require the disclosure by a provider of electronic communication service of the contents of a wire or electronic communication that is in electronic storage with or otherwise stored, held, or maintained by that service only if the governmental entity obtains a warrant issued using the procedures described in the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures) that—

“(1) is issued by a court of competent jurisdiction; and

“(2) may indicate the date by which the provider must make the disclosure to the governmental entity.

In the absence of a date on the warrant indicating the date by which the provider must make disclosure to the governmental entity, the provider shall promptly respond to the warrant.

“(b) Contents of wire or electronic communications in a remote computing service.—

“(1) IN GENERAL.—Except as provided in subsections (i) and (j), a governmental entity may require the disclosure by a provider of remote computing service of the contents of a wire or electronic communication that is stored, held, or maintained by that service only if the governmental entity obtains a warrant issued using the procedures described in the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures) that—

“(A) is issued by a court of competent jurisdiction; and

“(B) may indicate the date by which the provider must make the disclosure to the governmental entity.

In the absence of a date on the warrant indicating the date by which the provider must make disclosure to the governmental entity, the provider shall promptly respond to the warrant.

“(2) APPLICABILITY.—Paragraph (1) is applicable with respect to any wire or electronic communication that is stored, held, or maintained by the provider—

“(A) on behalf of, and received by means of electronic transmission from (or created by means of computer processing of communication received by means of electronic transmission from), a subscriber or customer of such remote computing service; and

“(B) solely for the purpose of providing storage or computer processing services to such subscriber or customer, if the provider is not authorized to access the contents of any such communications for purposes of providing any services other than storage or computer processing.

“(c) Records concerning electronic communication service or remote computing service.—

“(1) IN GENERAL.—Except as provided in subsections (i) and (j), a governmental entity may require the disclosure by a provider of electronic communication service or remote computing service of a record or other information pertaining to a subscriber to or customer of such service (not including the contents of wire or electronic communications), only—

“(A) if a governmental entity obtains a warrant issued using the procedures described in the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures) that—

“(i) is issued by a court of competent jurisdiction directing the disclosure; and

“(ii) may indicate the date by which the provider must make the disclosure to the governmental entity;

“(B) if a governmental entity obtains a court order directing the disclosure under subsection (d);

“(C) with the lawful consent of the subscriber or customer; or

“(D) as otherwise authorized in paragraph (2).

“(2) SUBSCRIBER OR CUSTOMER INFORMATION.—A provider of electronic communication service or remote computing service shall, in response to an administrative subpoena authorized by Federal or State statute, a grand jury, trial, or civil discovery subpoena, or any means available under paragraph (1), disclose to a governmental entity the—

“(A) name;

“(B) address;

“(C) local and long distance telephone connection records, or records of session times and durations;

“(D) length of service (including start date) and types of service used;

“(E) telephone or instrument number or other subscriber or customer number or identity, including any temporarily assigned network address; and

“(F) means and source of payment for such service (including any credit card or bank account number),

of a subscriber or customer of such service.

“(3) NOTICE NOT REQUIRED.—A governmental entity that receives records or information under this subsection is not required to provide notice to a subscriber or customer.”;

(2) in subsection (d)—

(A) by striking “(b) or”;

(B) by striking “the contents of a wire or electronic communication, or”;

(C) by striking “sought,” and inserting “sought”; and

(D) by striking “section” and inserting “subsection”; and

(3) by adding at the end the following:

“(h) Notice.—Except as provided in section 2705, a provider of electronic communication service or remote computing service may notify a subscriber or customer of a receipt of a warrant, court order, subpoena, or request under subsection (a), (b), (c), or (d) of this section.

“(i) Rule of construction related to legal process.—Nothing in this section or in section 2702 shall limit the authority of a governmental entity to use an administrative subpoena authorized by Federal or State statute, a grand jury, trial, or civil discovery subpoena, or a warrant issued using the procedures described in the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures) by a court of competent jurisdiction to—

“(1) require an originator, addressee, or intended recipient of a wire or electronic communication to disclose a wire or electronic communication (including the contents of that communication) to the governmental entity;

“(2) require a person or entity that provides an electronic communication service to the officers, directors, employees, or agents of the person or entity (for the purpose of carrying out their duties) to disclose a wire or electronic communication (including the contents of that communication) to or from the person or entity itself or to or from an officer, director, employee, or agent of the entity to a governmental entity, if the wire or electronic communication is stored, held, or maintained on an electronic communications system owned, operated, or controlled by the person or entity; or

“(3) require a person or entity that provides a remote computing service or electronic communication service to disclose a wire or electronic communication (including the contents of that communication) that advertises or promotes a product or service and that has been made readily accessible to the general public.

“(j) Rule of construction related to Congressional subpoenas.—Nothing in this section or in section 2702 shall limit the power of inquiry vested in the Congress by article I of the Constitution of the United States, including the authority to compel the production of a wire or electronic communication (including the contents of a wire or electronic communication) that is stored, held, or maintained by a person or entity that provides remote computing service or electronic communication service.”.

(c) Delayed notice.—Section 2705 of title 18, United States Code, is amended to read as follows:

§ 2705. Delayed notice

“(a) In general.—A governmental entity acting under section 2703 may apply to a court for an order directing a provider of electronic communication service or remote computing service to which a warrant, order, subpoena, or other directive under section 2703 is directed not to notify any other person of the existence of the warrant, order, subpoena, or other directive.

“(b) Determination.—A court shall grant a request for an order made under subsection (a) for delayed notification of up to 180 days if the court determines that there is reason to believe that notification of the existence of the warrant, order, subpoena, or other directive will likely result in—

“(1) endangering the life or physical safety of an individual;

“(2) flight from prosecution;

“(3) destruction of or tampering with evidence;

“(4) intimidation of potential witnesses; or

“(5) otherwise seriously jeopardizing an investigation or unduly delaying a trial.

“(c) Extension.—Upon request by a governmental entity, a court may grant one or more extensions, for periods of up to 180 days each, of an order granted in accordance with subsection (b).”.

(d) Rule of construction.—Nothing in this section or an amendment made by this section shall be construed to preclude the acquisition by the United States Government of—

(1) the contents of a wire or electronic communication pursuant to other lawful authorities, including the authorities under chapter 119 of title 18 (commonly known as the “Wiretap Act”), the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), or any other provision of Federal law not specifically amended by this section; or

(2) records or other information relating to a subscriber or customer of any electronic communication service or remote computing service (not including the content of such communications) pursuant to the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), chapter 119 of title 18 (commonly known as the “Wiretap Act”), or any other provision of Federal law not specifically amended by this section.

SEC. 1091. Lessons learned and best practices on progress of gender integration implementation in the Armed Forces.

The Secretary of Defense shall direct each component of the Armed Forces to share lessons learned and best practices on the progress of their gender integration implementation plans and to communicate strategically that progress with other components of the Armed Forces as well as the general public, as recommended by the Defense Advisory Committee on Women in the Services.

SEC. 1092. Report on readiness of National Guard to respond to natural disasters.

Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report analyzing the readiness of the National Guard and Reserve to respond to natural disasters.

SEC. 1093. Report on use and availability of military installations for disaster response.

(a) Report required.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that identifies—

(1) each military installation that has been made available to the Department of Homeland Security for disaster response for the past 10 fiscal years; and

(2) military installations assessed to be available in support of fast response to disasters.

(b) Elements.—The report required under subsection (a) shall include the following:

(1) For each military installation identified under subsection (a)(1)—

(A) the name of the installation;

(B) the location of the installation, including the State and Congressional District;

(C) a description of the infrastructure and equipment made available at the installation; and

(D) a description of personnel made available for disaster response.

(2) For each military installation identified under subsection (a)(2)—

(A) the name of the installation;

(B) the location of the installation, including the State and Congressional District;

(C) a description of the infrastructure and equipment to be available at the installation; and

(D) a description of personnel to be available for disaster response.

SEC. 1094. Promoting Federal procurement with historically Black colleges and universities and minority institutions.

(a) In general.—The head of an executive agency, or a contracting officer where applicable, shall—

(1) assist historically Black colleges and universities and minority institutions to develop viable, self-sustaining businesses capable of competing on an equal basis in the mainstream of the United States economy; and

(2) promote Federal procurement with historically Black colleges and universities and minority institutions by establishing—

(A) participation goals of not less than 10 percent for historically Black colleges and universities and minority institutions;

(B) requirements that prime contractors and other recipients of Federal funds attain similar participation goals in their procurement; and

(C) other mechanisms that ensure historically Black colleges and universities and minority institutions have a fair opportunity to participate in Federal procurement.

(b) Definitions.—In this section:

(1) The term “executive agency” has the meaning given the term in section 133 of title 41, United States Code.

(2) The term “historically Black college and university” has the meaning given that term in section 631 of the Higher Education Act of 1965 (20 U.S.C. 1132).

(3) The term “minority institution” has the meaning given that term in section 365 of the Higher Education Act of 1965 (20 U.S.C. 1067k).

SEC. 1095. Clarification of reimbursable allowed costs of FAA memoranda of agreement.

Section 47504(c)(2) of title 49, United States Code, is amended—

(1) in subparagraph (D) by striking “and” at the end;

(2) in subparagraph (E) by striking the period at the end and inserting “; and”; and

(3) by adding at the end the following:

“(F) to an airport operator of a congested airport (as defined in section 47175) and a unit of local government referred to in paragraph (1)(B) to carry out a project to mitigate noise, if the project—

“(i) consists of—

“(I) replacement windows, doors, and the installation of through-the-wall air conditioning units; or

“(II) acquisition and installation of the windows, doors, and other noise mitigation elements to be used in a school reconstruction if reconstruction is the preferred local solution;

“(ii) is located at a school near the airport; and

“(iii) is included in a memorandum of agreement entered into before September 30, 2002, even if the airport has not met the requirements of part 150 of title 14, Code of Federal Regulations, and only if the financial limitations of the memorandum are applied.”.

SEC. 1096. Disclosure requirements for United States-based foreign media outlets.

Title VII of the Communications Act of 1934 (47 U.S.C. 601 et seq.) is amended by adding at the end the following:

“SEC. 722. Disclosure requirements for United States-based foreign media outlets.

“(a) Reports by outlets to Commission.—Not later than 90 days after the date of the enactment of this section, and not less frequently than every 6 months thereafter, a United States-based foreign media outlet shall submit to the Commission a report that contains the following information:

“(1) The name of such outlet.

“(2) A description of the relationship of such outlet to the foreign principal of such outlet, including a description of the legal structure of such relationship and any funding that such outlet receives from such principal.

“(b) Reports by Commission to Congress.—Not later than 60 days after the date of the enactment of this section, and not less frequently than every 6 months thereafter, the Commission shall transmit to Congress a report that summarizes the contents of the reports submitted by United States-based foreign media outlets under subsection (a) during the preceding 6-month period.

“(c) Public availability.—The Commission shall make publicly available on the internet website of the Commission each report submitted by a United States-based foreign media outlet under subsection (a) not later than the earlier of—

“(1) the date that is 30 days after the outlet submits the report to the Commission; or

“(2) the date on which the Commission transmits to Congress under subsection (b) the report covering the 6-month period during which the report of the outlet was submitted to the Commission under subsection (a).

“(d) Definitions.—In this section:

“(1) FOREIGN PRINCIPAL.—The term ‘foreign principal’ has the meaning given such term in section 1(b)(1) of the Foreign Agents Registration Act of 1938 (22 U.S.C. 611(b)(1)).

“(2) UNITED STATES-BASED FOREIGN MEDIA OUTLET.—The term ‘United States-based foreign media outlet’ means an entity that—

“(A) produces or distributes video programming that is transmitted, or intended for transmission, by a multichannel video programming distributor to consumers in the United States; and

“(B) would be an agent of a foreign principal (as defined in paragraph (1)) for purposes of the Foreign Agents Registration Act of 1938 (22 U.S.C. 611 et seq.) but for section 1(d) of such Act (22 U.S.C. 611(d)).”.

SEC. 1097. Sense of Congress honoring the Dover Air Force Base, Delaware, home to the 436th Airlift Wing, the 512th Airlift Wing, and the Charles C. Carson Center for Mortuary Affairs.

(a) Findings.—Congress find the following:

(1) The Dover Air Force Base is home more than 4,000 active-duty military and civilian employees tasked with defending the United States of America.

(2) The Dover Air Force Base supports the mission of the 436th Airlift Wing, known as “Eagle Wing” and the 512th Airlift Wing, known as Liberty Wing.

(3) The “Eagle Wing” serves as a unit of the Eighteenth Air Force headquartered with the Air Mobility Command at Scott Air Force Base in Illinois.

(4) The “Eagle Wing” flies hundreds of missions throughout the world and provides a quarter of the United States’ strategic airlift capability and boasts a global reach to over 100 countries around the world.

(5) The Dover Air Force Base houses incredible aircrafts utilized by the United States Air Force, including the C-5M Super Galaxy and C-17A Globemaster III aircraft.

(6) The Dover Air Force Base operates the largest and busiest air freight terminal in the Department of Defense, fulfilling an important role in our Nation’s military.

(7) The Air Mobility Command Museum is located on the Dover Air Force base and welcomes thousands of visitors each year to learn more about the United States Air Force.

(8) The Charles C. Carson Center for Mortuary Affairs fulfills our Nation’s sacred commitment of ensuring dignity, honor and respect to the fallen and care service and support to their families.

(9) The mortuary mission at Dover Air Force Base dates back to 1955 and is the only Department of Defense mortuary in the continental United States.

(10) Service members who serve at the Center for Mortuary Affairs are often so moved by their work that they voluntarily elect to serve multiple tours because they feel called to serve our fallen heroes.

(b) Sense of Congress.—Congress—

(1) honors and expresses sincerest gratitude to the women and men of the Dover Air Force Base for their distinguished service;

(2) acknowledges the incredible sacrifice and service of the families of active duty members of the United States military;

(3) encourages the people of the United States to keep in their thoughts and their prayers the women and men of the United States Armed Forces; and

(4) recognizes the incredibly unique and important work of the Air Force Mortuary Affairs Operations and the role they play in honoring our fallen heroes.

SEC. 1098. Report on capacity of Department of Defense to provide survivors of natural disasters with emergency short-term housing.

Not later than 220 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report analyzing the capacity of the Department of Defense to provide survivors of natural disasters with emergency short-term housing.

SEC. 1099. Study on recruitment of students with experience in certain technical fields.

(a) Study required.—The Secretary of Defense shall conduct a study to determine how the Department of Defense can attract and recruit from institutions of higher education, including the institutions described in subsection (b), students with educational backgrounds in science, technology, engineering, and mathematics, including the fields of artificial intelligence, machine learning, and cybersecurity.

(b) Institutions described.—The institutions described in this subsection are—

(1) Hispanic Serving Institutions (as defined in section 502 of the Higher Education Act of 1965 (20 U.S.C. 1101a));

(2) Historically Black Colleges and Universities (as defined in section 322 of such Act (20 U.S.C. 1061)); and

(3) Asian American and Native American Pacific Islander Serving Institutions (as defined in Section 371(c) of such Act (20 U.S.C. 1067q(c)).

(c) Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the results of the study conducted under subsection (a).

SEC. 1099A. Sense of Congress on the basing of KC–46A aircraft outside the continental United States.

(a) Finding.—Congress finds that the Department of Defense is continuing its process of permanently stationing KC–46A aircraft at installations in the continental United States and forward-basing outside the continental United States.

(b) Sense of Congress.—It is the sense of Congress that the Secretary of the Air Force, as part of the strategic basing process for KC–46A aircraft, should continue to consider the benefits derived from locations outside the continental United States that—

(1) support day-to-day air refueling operations, operations plans of the combatant commands, and flexibility for contingency operations, and have—

(A) a strategic location that is essential to the defense of the United States and its interests;

(B) receivers for boom or probe-and-drogue training opportunities with joint and international partners; and

(C) sufficient airfield and airspace availability and capacity to meet requirements; and

(2) possess facilities that—

(A) take full advantage of existing infrastructure to provide—

(i) runway, hangars, and aircrew and maintenance operations; and

(ii) sufficient fuels receipt, storage, and distribution capacities for a 5-day peacetime operating stock; and

(B) minimize overall construction and operational costs.

SEC. 1099B. Sense of Congress regarding explosive ordnance disposal.

It is the sense of Congress that—

(1) military intelligence programs should be provided additional resources, authorities, and direction with respect to prevention of and response to bombings using explosive ordnance thereby ensuring the safety of the United States and its citizens;

(2) additional explosive ordnance disposal intelligence personnel are required to improve the ability of the intelligence community to safeguard the United States;

(3) because of increasing use of explosive ordnance, which includes improvised explosive devices, the Secretary of Defense should make it a priority to enhance explosive ordnance disposal intelligence efforts to protect and safeguard the United States; and

(4) Congress should work to develop a comprehensive response to the issue of prevention of bombings in recognition of the contributions made by the 122-military explosive ordnance disposal personnel that have died in the line of duty since the attacks on the World Trade Center and the Pentagon.

SEC. 1099C. Authorization of appropriations for research on women’s contributions to security.

Of the amounts authorized to be appropriated or otherwise made available for the Department of Defense for fiscal year 2019, $150,000 shall be made available for research on women’s contributions to security at the National Defense University Institute for National Strategic Studies.

SEC. 1099D. National strategy for countering violent extremism.

Section 1094(a)(2) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) is amended—

(1) in subparagraph (A)(iv), by inserting “including those led by women or focused on empowering women,” after “groups,”;

(2) by redesignating subparagraph (E) as subparagraph (F); and

(3) by inserting after subparagraph (D) the following new subparagraph (E):

SEC. 1099E. Inclusion of certain names on the Vietnam Veterans Memorial.

The Secretary of Defense shall provide for the inclusion on the Vietnam Veterans Memorial in the District of Columbia the names of the seventy-four crew members of the USS Frank E. Evans killed on June 3, 1969.

TITLE XICivilian Personnel Matters

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

(a) In general.—Chapter 99 of title 5, United States Code, is amended by adding at the end the following:

§ 9905. Direct hire authority for certain personnel of the Department of Defense

“(a) In general.—The Secretary of Defense may appoint, without regard to the provisions of subchapter I of chapter 33 (other than sections 3303 and 3328 of such chapter), qualified candidates to any of the following positions in the competitive service in the Department of Defense:

“(1) Any position involved with Department maintenance activities, including depot-level maintenance and repair.

“(2) Any position involved with cybersecurity.

“(3) Any individual in the acquisition workforce that manages any services contracts necessary to the operation and maintenance of programs of the Department.

“(4) Any science, technology, or engineering position, including any such position at the Major Range and Test Facilities Base, in order to allow development of new systems and provide for the maintenance of legacy systems.

“(b) Sunset.—Effective on September 30, 2025, the authority provided under subsection (a) shall expire.”.

(b) Clerical amendment.—The table of sections at the beginning of chapter 99 of such title is amended by inserting after the item relating to section 9904 the following new item:


“9905. Direct hire authority for certain personnel of the Department of Defense.”.

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

(a) In general.—Chapter 99 of title 5, United States Code, as amended by section 1101(a), is further amended by adding at the end the following:

§ 9906. Direct hire authority for the Department of Defense for post-secondary students and recent graduates

“(a) In general.—Without regard to sections 3309 through 3318, 3327, and 3330, the Secretary of Defense may recruit and appoint qualified recent graduates and current post-secondary students to competitive service positions in professional and administrative occupations within the Department of Defense.

“(b) Regulations.—

“(1) IN GENERAL.—The Secretary shall administer this section in accordance with regulations prescribed by the Secretary for purposes of this section.

“(2) PUBLIC NOTICE AND ADVERTISING.—To the extent practical, as determined by the Secretary, the Secretary shall publicly advertise positions available under this section. In carrying out the preceding sentence, the Secretary shall—

“(A) take into account merit system principles, mission requirements, costs, and organizational benefits of any advertising of positions; and

“(B) advertise such positions in the manner the Secretary determines is most likely to provide diverse and qualified candidates and ensure potential applicants have appropriate information relevant to the positions available.

“(c) Definitions.—In this section—

“(1) the term ‘current post-secondary student’ means a person who—

“(A) is currently enrolled in, and in good academic standing at, a full-time program at an institution of higher education;

“(B) is making satisfactory progress toward receipt of a baccalaureate or graduate degree; and

“(C) has completed at least one year of the program;

“(2) the term ‘institution of higher education’ has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); and

“(3) the term ‘recent graduate’, with respect to appointment of a person under this section, means a person who was awarded a degree by an institution of higher education not more than two years before the date of the appointment of such person, except that in the case of a person who has completed a period of obligated service in a uniformed service of more than four years, such term means a person who was awarded a degree by an institution of higher education not more than four years before the date of the appointment of such person.

“(d) Sunset.—Effective on September 30, 2025, the authority provided under this section shall expire.”.

(b) Clerical amendment.—The table of sections at the beginning of chapter 99 of such title, as amended by section 1101(b), is further amended by inserting after the item relating to section 9905 the following new item:


“9906. Direct hire authority for the Department of Defense for post-secondary students and recent graduates.”.

(c) Repeal.—Section 1106 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328) is repealed.

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.

Section 5542(a)(6)(B) of title 5, United States Code, is amended by striking “September 30, 2019” and inserting “September 30, 2021”.

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.

(a) In general.—Section 1101(a) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4615), as most recently amended by section 1105 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91), is amended by striking “through 2018” and inserting “through 2019”.

(b) Applicability of aggregate limitation on pay.—Section 1101(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4615) is amended to read as follows:

“(b) Applicability of aggregate limitation on pay.—In applying section 5307 of title 5, United States Code, any payment in addition to basic pay for a period of time during which a waiver under subsection (a) is in effect shall not be counted as part of an employee’s aggregate compensation for the given calendar year.”.

(c) Effective date.—This section and the amendments made by this section shall take effect on January 1, 2019.

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

(a) In general.—During fiscal years 2018 through 2021, in addition to the authority provided under paragraphs (1) and (2) of subsection (b) of section 3326 of title 5, United States Code, and consistent with the requirements of such section, a retired member of the armed forces may be appointed under such subsection if—

(1) the Department of Defense (including a nonappropriated fund instrumentality under the jurisdiction of the armed forces) has been granted direct hire authority to fill the position;

(2) the appointment is to fill an emergency appointment for which the Secretary concerned or his designee for the purpose determines competitive appointment is not appropriate or reasonable due to the need to fill the emergency need as quickly as possible; or

(3) the appointment is for a highly qualified expert under section 9903 of such title.

(b) Briefing.—Not later than 90 days after the end of each of fiscal years 2018 through 2021, the Secretary of Defense shall provide a briefing to the Committee on Armed Services of the House of Representatives and the Committee on Oversight and Government Reform of the House of Representatives including—

(1) with respect to the waiver process under section 3326(b)(1) of title 5, United States Code—

(A) the number of individuals appointed during the most recently ended fiscal year under such process; and

(B) the Department of Defense’s plan on the use of such process during the fiscal year in which the briefing is provided;

(2) the number of individuals—

(A) appointed under the authority provided by subsection (a) during the most recently ended fiscal year; and

(B) expected to be appointed under such subsection during the fiscal year in which the briefing is provided; and

(3) the impact of subsection (a) on the management of the Department civilian workforce during the most recently ended fiscal year.

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

(a) In general.—Section 5711(g) of title 5, United States Code, is amended by striking “7 years after the date of the enactment of the Telework Enhancement Act of 2010” and inserting “on December 31, 2020”.

(b) Effective date.—The amendment made by subsection (a) shall take effect as though enacted on December 1, 2017.

SEC. 1107. Personnel demonstration projects.

Section 4703 of title 5, United States Code, is amended—

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

“(2) (A) Except as provided in subparagraph (B), not more than 10 active demonstration projects may be in effect at any time.

“(B) Any demonstration project authorized under this section that is active for a period greater than 10 years shall not count for purposes of applying the limitation in subparagraph (A).”; and

(2) by adding at the end the following:

“(j) Each agency at which a demonstration project is ongoing shall submit an annual report to the Office of Personnel Management, the Office and Management and Budget, the Committee on Homeland Security and Governmental Affairs of the United States Senate, and the Committee on Oversight and Government Reform of the United States House of Representatives that includes—

“(1) the aggregate performance appraisal ratings and compensation costs for employees under a demonstration project;

“(2) an assessment of the results of the demonstration project, including its impact on mission goals, employee recruitment, retention, and satisfaction, and which may include the results of the survey authorized under section 1128 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 5 U.S.C. 7101 note), commonly referred to as the Federal Employee Viewpoint Survey, and performance management for employees; and

“(3) a comparison of the items listed in (1) and (2) with employees not covered by the demonstration project.”.

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

(a) Expanded flexibility.—Subchapter I of chapter 33 of title 5, United States Code, is amended by striking sections 3317 and 3318 and inserting the following:

§ 3317. Competitive service; certification using numerical ratings

“(a) Certification.—

“(1) IN GENERAL.—The Director of the Office of Personnel Management, or the head of an agency to which the Director has delegated examining authority under section 1104(a)(2), shall certify a sufficient number of names from the top of the appropriate register or list of eligibles, as determined pursuant to regulations prescribed under subsection (c), and provide a certificate with such names to an appointing authority that has requested a certificate of eligibles to consider when filling a job in the competitive service.

“(2) MINIMUM NUMBER OF NAMES CERTIFIED.—Unless otherwise provided for in regulations prescribed under subsection (c), the number of names certified under paragraph (1) shall be not less than three.

“(b) Discontinuance of certification.—When an appointing authority, for reasons considered sufficient by the Director or head of an agency, has three times considered and passed over a preference eligible who was certified from a register, the Director or head of any agency may discontinue certifying the preference eligible for appointment. The Director or the head of an agency shall provide to such preference eligible notice of the intent to discontinue certifying such preference eligible prior to the discontinuance of certification.

“(c) Regulations.—The Director shall prescribe regulations for the administration of this section. Such regulations shall include the establishment of mechanisms for identifying the eligibles who will be considered for each vacancy. Such mechanisms may include cut-off scores.

“(d) Definition.—In this section, the term ‘Director’ means the Director of the Office of Personnel Management.

§ 3318. Competitive service; selections using numerical ratings

“(a) In general.—An appointing authority shall select for appointment from the eligibles certified for appointment on a certificate furnished under section 3317(a), unless objection to one or more of the individuals certified is made to, and sustained by, the Director of the Office of Personnel Management or the head of an agency to which the Director has delegated examining authority under section 1104(a)(2), for proper and adequate reason under regulations prescribed by the Director.

“(b) Other Appointing authorities.—

“(1) IN GENERAL.—During the 240-day period beginning on the date of issuance of a certificate of eligibles under section 3317(a), an appointing authority other than the appointing authority requesting the certificate (in this subsection referred to as the ‘other appointing authority’) may select an individual from that certificate in accordance with this subsection for an appointment to a position that is—

“(A) in the same occupational series as the position for which the certification of eligibles was issued (in this subsection referred to as the ‘original position’); and

“(B) at a similar grade level as the original position.

“(2) APPLICABILITY.—An appointing authority requesting a certificate of eligibles may share the certificate with another appointing authority only if the announcement of the original position provided notice that the resulting list of eligible candidates may be used by another appointing authority.

“(3) REQUIREMENTS.—The selection of an individual under paragraph (1)—

“(A) shall be made in accordance with subsection (a); and

“(B) subject to paragraph (4), may be made without any additional posting under section 3327.

“(4) INTERNAL NOTICE.—Before selecting an individual under paragraph (1), the other appointing authority shall—

“(A) provide notice of the available position to employees of the other appointing authority;

“(B) provide up to 10 business days for employees of the other appointing authority to apply for the position; and

“(C) review the qualifications of employees submitting an application.

“(c) Pass over.—

“(1) IN GENERAL.—Subject to subparagraph (2), if an appointing authority proposes to pass over a preference eligible certified for appointment under subsection (a) and select an individual who is not a preference eligible, the appointing authority shall file written reasons with the Director or the head of the agency for passing over the preference eligible. The Director or the head of the agency shall make the reasons presented by the appointing authority part of the record of the preference eligible and may require the submission of more detailed information from the appointing authority in support of the passing over of the preference eligible. The Director or the head of the agency shall determine the sufficiency or insufficiency of the reasons submitted by the appointing authority, taking into account any response received from the preference eligible under paragraph (2). When the Director or the head of the agency has completed review of the proposed pass-over of the preference eligible, the Director or the head of the agency shall send its findings to the appointing authority and to the preference eligible. The appointing authority shall comply with the findings.

“(2) PREFERENCE ELIGIBLE INDIVIDUALS WHO HAVE A COMPENSABLE SERVICE-CONNECTED DISABILITY.—In the case of a preference eligible described in section 2108(3)(C) who has a compensable service-connected disability of 30 percent or more, the appointing authority shall notify the Director under paragraph (1) and, at the same time, notify the preference eligible of the proposed pass-over, of the reasons for the proposed pass-over, and of the individual’s right to respond to those reasons to the Director within 15 days of the date of the notification. The Director shall, before completing the review under paragraph (1), require a demonstration by the appointing authority that the notification was timely sent to the preference eligible’s last known address.

“(3) FURTHER CONSIDERATION NOT REQUIRED.—When a preference eligible, for reasons considered sufficient by the Director, or in the case of a preference eligible described in paragraph (1), by the head of an agency, has been passed over in accordance with this subsection for the same position, the appointing authority is not required to give further consideration to that preference eligible while selecting from the same list for a subsequent appointment to such position.

“(4) DELEGATION PROHIBITION.—In the case of a preference eligible described in paragraph (2), the functions of the Director under this subsection may not be delegated to an individual who is not an officer or employee of the Office of Personnel Management.

“(d) Special rule regarding reemployment lists.—When the names of preference eligibles are on a reemployment list appropriate for the position to be filled, an appointing authority may appoint from a register of eligibles established after examination only an individual who qualifies as a preference eligible under subparagraph (C), (D), (E), (F), or (G) of section 2108(3).

“(e) Consideration not required.—In accordance with regulations prescribed by the Director, an appointing officer is not required to consider an eligible who has been considered by the appointing officer for three separate appointments from the same or different certificates for the same position.

“(f) Regulations.—The Director shall prescribe regulations for the administration of this section.

“(d) Definition.—In this section, the term ‘Director’ means the Director of the Office of Personnel Management.”.

(b) Conforming amendments.—Such subchapter is further amended—

(1) in section 3319—

(A) by amending the section heading to read as follows:

§ 3319. Competitive service; selection using category rating”;

and

(B) in subsection (c), by striking paragraph (6), redesignating paragraph (7) as paragraph (6), and amending paragraph (6) (as so redesignated) to read as follows:

“(6) PREFERENCE ELIGIBLES.—

“(A) SATISFACTION OF CERTAIN REQUIREMENTS.—Notwithstanding paragraphs (1) and (2), an appointing official may not pass over a preference eligible in the same category from which selection is made, unless the requirements of sections 3317(b) and 3318(c), as applicable, are satisfied.

“(B) FURTHER CONSIDERATION NOT REQUIRED.—When a preference eligible, for reasons considered sufficient by the Director, or in the case of a preference eligible described in section 3318(c)(1), by the head of an agency, has been passed over in accordance with section 3318(c) for the same position, the appointing authority is not required to give further consideration to that preference eligible while selecting from the same list for a subsequent appointment to such position.

“(C) LIST OF ELIGIBLES ISSUED FROM A STANDING REGISTER; DISCONTINUATION OF CERTIFICATION.—In the case of lists of eligibles issued from a standing register, when an appointing authority, for reasons considered sufficient by the Director or the head of an agency, has three times considered and passed over a preference eligible who was certified from a register, certification of the preference eligible for appointment may be discontinued. However, the preference eligible is entitled to advance notice of discontinuance of certification in accordance with regulations prescribed by the Director.”; and

(2) in the first sentence of section 3320, by striking “sections 3308–3318” and inserting “sections 3308 through 3319”.

(c) Clerical amendment.—The table of sections at the beginning of such chapter is amended by striking the items relating to sections 3317, 3318, and 3319 and inserting the following:


“3317. Competitive service; certification using numerical ratings

“3318. Competitive service; selection using numerical ratings

“3319. Competitive service; selection using category rating”.

(d) Effective Date.—

(1) IN GENERAL.—The amendments made by this section shall take effect on the date on which the Director of the Office of Personnel Management issues final regulations to implement sections 3317, 3318, and 3319 of title 5, United States Code, as amended or added by this section.

(2) REGULATIONS REQUIRED.—The Director shall issue regulations under paragraph (1) not later than one year after the date of enactment of this section.

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

(a) Temporary and term appointments.—Subchapter I of chapter 31 of title 5, United States Code, is amended by adding at the end the following:

§ 3115. Temporary and term appointments

“(a) Definitions.—In this section:

“(1) DIRECTOR.—The term ‘Director’ means the Director of the Office of Personnel Management.

“(2) TEMPORARY APPOINTMENT.—The term ‘temporary appointment’ means an appointment in the competitive service for a period of not more than 1 year.

“(3) TERM APPOINTMENT.—The term ‘term appointment’ means an appointment in the competitive service for a period of more than 1 year and not more than 5 years.

“(b) Appointment.—

“(1) IN GENERAL.—The head of an Executive agency may make a temporary appointment or term appointment to a position in the competitive service when the need for the services of the employee services is not permanent.

“(2) EXTENSION.—Under conditions prescribed by the Director, the head of an Executive agency may—

“(A) extend a temporary appointment made under paragraph (1) in increments of not more than 1 year, up to a maximum of 3 total years of service; and

“(B) extend a term appointment made under paragraph (1) in increments determined appropriate by the head of the Executive agency, up to a maximum of 6 total years of service.

“(c) Appointments for critical hiring needs.—Under conditions prescribed by the Director, the head of an Executive agency may make a noncompetitive temporary appointment, or a noncompetitive term appointment for a period of not more than 18 months, to a position in the competitive service for which a critical hiring need exists, without regard to the requirements of sections 3327 and 3330. An appointment made under this subsection may not be extended.

“(d) Regulations.—The Director may prescribe regulations to carry out this section, but is not required to promulgate regulations prior to implementation of this section.

“(e) Special provision regarding the department of defense.—Nothing in this section shall preclude the Secretary of Defense from making temporary and term appointments in the competitive service pursuant to section 1105 of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. note prec. 1580; Public Law 114–328; 130 Stat. 2447), and any regulations prescribed by the Director for the administration of this section shall not apply to the Secretary of Defense in the exercise of the authorities granted under such section 1105.”.

(b) Clerical amendment.—The table of sections for chapter 31 of title 5, United States Code, is amended by inserting after the item relating to section 3114 the following:


“3115. Temporary and term appointments.”.

SEC. 1110. Expedited hiring authority for college graduates and post-secondary students.

(a) In General.—Subchapter I of chapter 31 of title 5, United States Code, is amended by adding at the end the following:

§ 3115. Expedited hiring authority for college graduates; competitive service

“(a) Definitions.—In this section:

“(1) DIRECTOR.—The term ‘Director’ means the Director of the Office of Personnel Management.

“(2) INSTITUTION OF HIGHER EDUCATION.—The term ‘institution of higher education’ has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).

“(b) Appointment.—

“(1) IN GENERAL.—The head of an agency may appoint, without regard to any provision of sections 3309 through 3319 and 3330, a qualified individual to a position in the competitive service classified in a professional or administrative occupational category at the GS–11 level, or an equivalent level, or below.

“(2) RESTRICTIONS.—An appointment under paragraph (1) shall be made in accordance with regulations prescribed by the Director.

“(c) Qualifications for appointment.—The head of an agency may make an appointment under subsection (b) only if the individual being appointed—

“(1) has received a baccalaureate or graduate degree from an institution of higher education;

“(2) applies for the position—

“(A) not later than 2 years after the date on which the individual being appointed received the degree described in paragraph (1); or

“(B) in the case of an individual who has completed a period of not less than 4 years of obligated service in a uniformed service, not later than 2 years after the date of the discharge or release of the individual from that service; and

“(3) meets each minimum qualification standard prescribed by the Director for the position to which the individual is being appointed.

“(d) Public notice and advertising.—

“(1) IN GENERAL.—The head of an agency making an appointment under subsection (b) shall publicly advertise positions under this section.

“(2) REQUIREMENTS.—In carrying out paragraph (1), the head of an agency shall—

“(A) adhere to merit system principles;

“(B) advertise positions in a manner that provides for diverse and qualified applicants; and

“(C) ensure potential applicants have appropriate information relevant to the positions available.

“(e) Limitation on appointments.—

“(1) IN GENERAL.—Except as provided in paragraph (2), the total number of employees that the head of an agency may appoint under this section during a fiscal year may not exceed the number equal to 15 percent of the number of individuals that the agency head appointed during the previous fiscal year to a position in the competitive service classified in a professional or administrative occupational category, at the GS–11 level, or an equivalent level, or below, under a competitive examining procedure.

“(2) EXCEPTIONS.—Under a regulation prescribed under subsection (f), the Director may establish a lower limit on the number of individuals that may be appointed under paragraph (1) of this subsection during a fiscal year based on any factor the Director considers appropriate.

“(f) Regulations.—Not later than 180 days after the date of enactment of the Direct Hire of Students and Recent Graduates Act of 2017, the Director shall issue interim regulations, with an opportunity for comment, for the administration of this section.

“(g) Reporting.—

“(1) IN GENERAL.—Not later than September 30 of each of the first 3 fiscal years beginning after the date of enactment of the Direct Hire of Students and Recent Graduates Act of 2017, the head of an agency that makes an appointment under this section shall submit to Congress a report assessing the impact of the use of the authority provided under this section during the fiscal year in which the report is submitted.

“(1) IN GENERAL.—Not later than September 30 of each of the first 3 fiscal years beginning after the date of enactment of the Direct Hire of Students and Recent Graduates Act of 2017, the head of an agency that makes an appointment under this section shall submit a report to—

“(A) Congress that assesses the impact of the use of the authority provided under this section during the fiscal year in which the report is submitted; and

“(B) the Director that contains data that the Director considers necessary for the Director to assess the impact and effectiveness of the authority described in subparagraph (A).

“(2) CONTENT.—The head of an agency shall include in each report under paragraph (1)—

“(A) the total number of individuals appointed by the agency under this section, as well as the number of such individuals who are—

“(i) minorities or members of other underrepresented groups; or

“(ii) veterans;

“(B) recruitment sources;

“(C) the total number of individuals appointed by the agency during the applicable fiscal year to a position in the competitive service classified in a professional or administrative occupational category at the GS–11 level, or an equivalent level, or below; and

“(D) any additional data specified by the Director.

“(h) Special provision regarding the Department of Defense.—

“(1) AUTHORITY.—Nothing in this section shall preclude the Secretary of Defense from exercising any authority to appoint a recent graduate under section 1106 of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. note prec. 1580), or any applicable successor statute.

“(2) REGULATIONS.—Any regulations prescribed by the Director for the administration of this section shall not apply to the Department of Defense during the period ending on the date on which the appointment authority of the Secretary of Defense under section 1106 of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. note prec. 1580), or any applicable successor statute, terminates.

§ 3116. Expedited hiring authority for post-secondary students; competitive service

“(a) Definitions.—In this section:

“(1) DIRECTOR.—The term ‘Director’ means the Director of the Office of Personnel Management.

“(2) INSTITUTION OF HIGHER EDUCATION.—The term ‘institution of higher education’ has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).

“(3) STUDENT.—The term ‘student’ means an individual enrolled or accepted for enrollment in an institution of higher education who is pursuing a baccalaureate or graduate degree on at least a part-time basis as determined by the institution of higher education.

“(b) Appointment.—

“(1) IN GENERAL.—The head of an agency may make a time-limited appointment of a student, without regard to any provision of sections 3309 through 3319 and 3330, to a position in the competitive service at the GS–11 level, or an equivalent level, or below for which the student is qualified.

“(2) RESTRICTIONS.—An appointment under paragraph (1) shall be made in accordance with regulations prescribed by the Director.

“(c) Public notice.—

“(1) IN GENERAL.—The head of an agency making an appointment under subsection (b) shall publicly advertise positions available under this section.

“(2) REQUIREMENTS.—In carrying out paragraph (1), the head of an agency shall—

“(A) adhere to merit system principles;

“(B) advertise positions in a manner that provides for diverse and qualified applicants; and

“(C) ensure potential applicants have appropriate information relevant to the positions available.

“(d) Limitation on appointments.—

“(1) IN GENERAL.—Except as provided in paragraph (2), the total number of students that the head of an agency may appoint under this section during a fiscal year may not exceed the number equal to 15 percent of the number of students that the agency head appointed during the previous fiscal year to a position in the competitive service at the GS–11 level, or an equivalent level, or below.

“(2) EXCEPTIONS.—Under a regulation prescribed under subsection (g), the Director may establish a lower limit on the number of students that may be appointed under paragraph (1) of this subsection during a fiscal year based on any factor the Director considers appropriate.

“(e) Conversion.—The head of an agency may, without regard to any provision of chapter 33 or any other provision of law relating to the examination, certification, and appointment of individuals in the competitive service, convert a student serving in an appointment under subsection (b) to a permanent appointment in the competitive service within the agency without further competition if the student—

“(1) has completed the course of study leading to the baccalaureate or graduate degree;

“(2) has completed not less than 640 hours of current continuous employment in an appointment under subsection (b); and

“(3) meets the qualification standards for the position to which the student will be converted.

“(f) Termination.—The head of an agency shall, without regard to any provision of chapter 35 or 75, terminate the appointment of a student appointed under subsection (b) upon completion of the designated academic course of study unless the student is selected for conversion under subsection (e).

“(g) Regulations.—Not later than 180 days after the date of enactment of the Direct Hire of Students and Recent Graduates Act of 2017, the Director shall issue interim regulations, with an opportunity for comment, for the administration of this section.

“(h) Reporting.—

“(1) IN GENERAL.—Not later than September 30 of each of the first 3 fiscal years beginning after the date of enactment of the Direct Hire of Students and Recent Graduates Act of 2017, the head of an agency that makes an appointment under this section shall submit a report to—

“(A) Congress that assesses the impact of the use of the authority provided under this section during the fiscal year in which the report is submitted; and

“(B) the Director that contains data that the Director considers necessary for the Director to assess the impact and effectiveness of the authority described in subparagraph (A).

“(2) CONTENT.—The head of an agency shall include in each report under paragraph (1)—

“(A) the total number of individuals appointed by the agency under this section, as well as the number of such individuals who are—

“(i) minorities or members of other underrepresented groups; or

“(ii) veterans;

“(B) recruitment sources;

“(C) the total number of individuals appointed by the agency during the applicable fiscal year to a position in the competitive service at the GS–11 level, or an equivalent level, or below; and

“(D) any additional data specified by the Director.

“(i) Special provision regarding the Department of Defense.—

“(1) AUTHORITY.—Nothing in this section shall preclude the Secretary of Defense from exercising any authority to appoint a post-secondary student under section 1106 of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. note prec. 1580), or any applicable successor statute.

“(2) REGULATIONS.—Any regulations prescribed by the Director for the administration of this section shall not apply to the Department of Defense during the period ending on the date on which the appointment authority of the Secretary of Defense under section 1106 of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. note prec. 1580), or any applicable successor statute, terminates.”.

(b) Table of sections amendments.—The table of sections for subchapter I of chapter 31 of title 5, United States Code, is amended by adding at the end the following:


“3115. Expedited hiring authority for college graduates; competitive service.

“3116. Expedited hiring authority for post-secondary students; competitive service.”.

SEC. 1111. Presidential allowance modernization.

(a) Former Presidents.—The first section of the Act entitled “An Act to provide retirement, clerical assistants, and free mailing privileges to former Presidents of the United States, and for other purposes”, approved August 25, 1958 (commonly known as the “Former Presidents Act of 1958”) (3 U.S.C. 102 note), is amended—

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

(2) by striking the matter preceding subsection (e) and inserting the following:

“(a) Annuities and allowances.—

“(1) ANNUITY.—Each former President shall be entitled to receive from the United States an annuity, subject to subsections (b) and (c)—

“(A) at the rate of $200,000 per year; and

“(B) which shall commence on the day after the date on which an individual becomes a former President.

“(2) ALLOWANCE.—The General Services Administration is authorized to provide each former President a monetary allowance, subject to appropriations and subsections (b), (c), and (d), at the rate of—

“(A) $500,000 per year for 5 years beginning on the day after the last day of the period described in the first sentence of section 5 of the Presidential Transition Act of 1963 (3 U.S.C. 102 note);

“(B) $350,000 per year for the 5 years following the 5-year period under subparagraph (A); and

“(C) $250,000 per year thereafter.

“(b) Duration; frequency.—

“(1) IN GENERAL.—The annuity and monetary allowance under subsection (a) shall—

“(A) terminate on the date that is 30 days after the date on which the former President dies; and

“(B) be payable by the Secretary of the Treasury on a monthly basis.

“(2) APPOINTIVE OR ELECTIVE POSITIONS.—The annuity and monetary allowance under subsection (a) shall not be payable for any period during which a former President holds an appointive or elective position in or under the Federal Government to which is attached a rate of pay other than a nominal rate.

“(c) Cost-of-Living increases.—Effective December 1 of each year, each annuity and monetary allowance under subsection (a) that commenced before that date shall be increased by the same percentage by which benefit amounts under title II of the Social Security Act (42 U.S.C. 401 et seq.) are increased, effective as of that date, as a result of a determination under section 215(i) of that Act (42 U.S.C. 415(i)).

“(d) Limitation on monetary allowance.—

“(1) IN GENERAL.—Notwithstanding any other provision of this section, the monetary allowance payable under subsection (a)(2) to a former President for any 12-month period—

“(A) except as provided in subparagraph (B), may not exceed the amount by which—

“(i) the monetary allowance that (but for this subsection) would otherwise be so payable for the 12-month period, exceeds (if at all)

“(ii) the applicable reduction amount for the 12-month period; and

“(B) shall not be less than the amount determined under paragraph (4).

“(2) DEFINITION.—

“(A) IN GENERAL.—For purposes of paragraph (1), the term ‘applicable reduction amount’ means, with respect to any former President and in connection with any 12-month period, the amount by which—

“(i) the earned income (as defined in section 32(c)(2) of the Internal Revenue Code of 1986) of the former President for the most recent taxable year for which a tax return is available, exceeds (if at all)

“(ii) $400,000, subject to subparagraph (C).

“(B) JOINT RETURNS.—In the case of a joint return, subparagraph (A)(i) shall be applied by taking into account both the amounts properly allocable to the former President and the amounts properly allocable to the spouse of the former President.

“(C) COST-OF-LIVING INCREASES.—The dollar amount specified in subparagraph (A)(ii) shall be adjusted at the same time that, and by the same percentage by which, the monetary allowance of the former President is increased under subsection (c) (disregarding this subsection).

“(3) DISCLOSURE REQUIREMENT.—

“(A) DEFINITIONS.—In this paragraph—

“(i) the terms ‘return’ and ‘return information’ have the meanings given those terms in section 6103(b) of the Internal Revenue Code of 1986; and

“(ii) the term ‘Secretary’ means the Secretary of the Treasury or the Secretary of the Treasury's delegate.

“(B) REQUIREMENT.—A former President may not receive a monetary allowance under subsection (a)(2) unless the former President discloses to the Secretary, upon the request of the Secretary, any return or return information of the former President or spouse of the former President that the Secretary determines is necessary for purposes of calculating the applicable reduction amount under paragraph (2) of this subsection.

“(C) CONFIDENTIALITY.—Except as provided in section 6103 of the Internal Revenue Code of 1986 and notwithstanding any other provision of law, the Secretary may not, with respect to a return or return information disclosed to the Secretary under subparagraph (B)—

“(i) disclose the return or return information to any entity or person; or

“(ii) use the return or return information for any purpose other than to calculate the applicable reduction amount under paragraph (2).

“(4) INCREASED COSTS DUE TO SECURITY NEEDS.—With respect to the monetary allowance that would be payable to a former President under subsection (a)(2) for any 12-month period but for the limitation under paragraph (1) of this subsection, the Administrator of General Services, in coordination with the Director of the United States Secret Service, shall determine the amount of the monetary allowance that is needed to pay the increased cost of doing business that is attributable to the security needs of the former President.”;

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

“(f) Office staff.—

“(1) IN GENERAL.—The Administrator of General Services shall, without regard to the civil service and classification laws, provide for each former President an office staff of not more than 13 individuals, at the request of the former President, on a reimbursable basis.

“(2) COMPENSATION.—The annual rate of compensation payable to any individual under paragraph (1) shall not exceed the highest annual rate of basic pay for positions at level II of the Executive Schedule under section 5313 of title 5, United States Code.

“(3) SELECTION; RESPONSIBILITY.—An individual employed under this subsection—

“(A) shall be selected by the former President; and

“(B) shall be responsible only to the former President for the performance of duties.

“(g) Office space and related furnishings and equipment.—

“(1) OFFICE SPACE.—The Administrator of General Services (referred to in this subsection as the ‘Administrator’) shall, at the request of a former President, on a reimbursable basis provide for the former President suitable office space, as determined by the Administrator, at a place within the United States specified by the former President.

“(2) FURNISHINGS AND EQUIPMENT.—

“(A) REIMBURSABLE.—The Administrator may, at the request of a former President, provide the former President with suitable office furnishings and equipment on a reimbursable basis.

“(B) WITHOUT REIMBURSEMENT.—

“(i) GRANDFATHERED FORMER PRESIDENTS.—In the case of any individual who is a former President on the date of enactment of the Presidential Allowance Modernization Act of 2017, the former President may retain without reimbursement any furniture and equipment in the possession of the former President.

“(ii) PRESIDENTIAL TRANSITION ACT.—A former President may retain without reimbursement any furniture or equipment acquired under section 5 of the Presidential Transition Act of 1963 (3 U.S.C. 102 note).

“(iii) EXCESS FURNITURE AND EQUIPMENT.—The Administrator may provide excess furniture and equipment to the office of a former President at no cost other than necessary transportation costs.”; and

(4) by adding at the end the following:

“(j) Applicability.—Subsections (f), (g) (other than paragraph (2)(B)(i) of that subsection), and (i) shall apply with respect to a former President on and after the day after the last day of the period described in the first sentence of section 5 of the Presidential Transition Act of 1963 (3 U.S.C. 102 note).”.

(b) Surviving spouses of former Presidents.—

(1) INCREASE IN AMOUNT OF MONETARY ALLOWANCE.—Subsection (e) of the first section of the Former Presidents Act of 1958 is amended—

(A) in the first sentence, by striking “$20,000 per annum,” and inserting “$100,000 per year (subject to paragraph (4)),”; and

(B) in the second sentence—

(i) in paragraph (2), by striking “and” at the end;

(ii) in paragraph (3)—

(I) by striking “or the government of the District of Columbia”; and

(II) by striking the period and inserting “; and”; and

(iii) by inserting after paragraph (3) the following:

“(4) shall, after its commencement date, be increased at the same time that, and by the same percentage by which, annuities of former Presidents are increased under subsection (c).”.

(2) COVERAGE OF WIDOWER OF A FORMER PRESIDENT.—Subsection (e) of the first section of the Former Presidents Act of 1958, as amended by paragraph (1), is amended—

(A) by striking “widow” each place it appears and inserting “widow or widower”; and

(B) by striking “she” and inserting “she or he”.

(c) Subsection headings.—The first section of the Former Presidents Act of 1958 is amended—

(1) in subsection (e), by inserting after the subsection enumerator the following: “Widows and widowers.—”;

(2) in subsection (h) (as redesignated by subsection (a)(1)), by inserting after the subsection enumerator the following: “Definition.—”; and

(3) in subsection (i) (as redesignated by subsection (a)(1)), by inserting after the subsection enumerator the following: “Authorization of appropriations.—”.

(d) Conforming amendments.—

(1) TITLE 5.—Subpart G of part III of title 5, United States Code, is amended—

(A) in section 8101(1)(E), by striking “1(b)” and inserting “1(f)”;

(B) in section 8331(1)(I), by striking “1(b)” and inserting “1(f)”;

(C) in section 8701(a)(9), by striking “1(b)” and inserting “1(f)”; and

(D) in section 8901(1)(H) by striking “1(b)” and inserting “1(f)”.

(2) PRESIDENTIAL TRANSITION ACT OF 1963.—Section 5 of the Presidential Transition Act of 1963 (3 U.S.C. 102 note) is amended by striking the last sentence.

(e) Rule of construction.—Nothing in this section or an amendment made by this section shall be construed to affect—

(1) any provision of law relating to the security or protection of a former President or a member of the family of a former President;

(2) funding, under the Former Presidents Act of 1958 or any other law, to carry out any provision of law described in paragraph (1); or

(3) funding for any office space lease in effect on the day before the date of enactment of this Act under subsection (c) of the first section of the Former Presidents Act of 1958 (as in effect on the day before the date of enactment of this Act) until the expiration date contained in the lease, if the lease was submitted to the Committee on Oversight and Government Reform of the House of Representatives on April 12, 2017.

(f) Transition rules.—

(1) FORMER PRESIDENTS.—In the case of any individual who is a former President on the date of enactment of this Act, the amendments made by subsection (a) shall be applied as if the commencement date referred in subsections (a)(1)(B) and (a)(2)(A) of the first section of the Former Presidents Act of 1958, as amended by subsection (a), coincided with the date that is 180 days after the date of enactment of this Act.

(2) WIDOWS.—In the case of any individual who is the widow of a former President on the date of enactment of this Act, the amendments made by subsection (b)(1) shall be applied as if the commencement date referred to in subsection (e)(1) of the first section of the Former Presidents Act of 1958, as amended by subsection (b)(1), coincided with the date that is 180 days after the date of enactment of this Act.

(g) Applicability.—For a former President receiving a monetary allowance under the Former Presidents Act of 1958 on the day before the date of enactment of this Act, the limitation under subsection (d)(1) of the first section of that Act, as amended by subsection (a), shall apply to the monetary allowance of the former President, except to the extent that the application of the limitation would prevent the former President from being able to pay the cost of a lease or other contract that is in effect on the day before the date of enactment of this Act and under which the former President makes payments using the monetary allowance, as determined by the Administrator of General Services.

SEC. 1112. Reporting requirement.

(a) In general.—Section 7131 of title 5, United States Code, is amended by adding at the end the following:

“(e) (1) (A) Not later than March 31 of each calendar year, the Office of Personnel Management, in consultation with the Office of Management and Budget, shall submit to each House of Congress a report on the operation of this section during the fiscal year last ending before the start of such calendar year.

“(B) Not later than December 31 of each calendar year, each agency (as defined by section 7103(a)(3)) shall furnish to the Office of Personnel Management the information which such Office requires, with respect to such agency, for purposes of the report which is next due under subparagraph (A).

“(2) Each report by the Office of Personnel Management under this subsection shall include, with respect to the fiscal year described in paragraph (1)(A), at least the following information:

“(A) The total amount of official time granted to employees.

“(B) The average amount of official time expended per bargaining unit employee.

“(C) The specific types of activities or purposes for which official time was granted, and the impact which the granting of such official time for such activities or purposes had on agency operations.

“(D) The total number of employees to whom official time was granted, and, of that total, the number who were not engaged in any activities or purposes except activities or purposes involving the use of official time.

“(E) The total amount of compensation (including fringe benefits) afforded to employees in connection with activities or purposes for which they were granted official time.

“(F) The total amount of official time spent by employees representing Federal employees who are not union members in matters authorized by this chapter.

“(G) A description of any room or space designated at the agency (or its subcomponent) where official time activities will be conducted, including the square footage of any such room or space.

“(3) All information included in a report by the Office of Personnel Management under this subsection with respect to a fiscal year—

“(A) shall be shown both agency-by-agency and for all agencies; and

“(B) shall be accompanied by the corresponding information (submitted by the Office in its report under this subsection) for the fiscal year before the fiscal year to which such report pertains, together with appropriate comparisons and analyses.

“(4) For purposes of this subsection, the term ‘official time’ means any period of time, regardless of agency nomenclature—

“(A) which may be granted to an employee under this chapter (including a collective bargaining agreement entered into under this chapter) to perform representational or consultative functions; and

“(B) during which the employee would otherwise be in a duty status.”.

(b) Applicability.—The amendment made by subsection (a) shall be effective beginning with the report which, under the provisions of such amendment, is first required to be submitted by the Office of Personnel Management to each House of Congress by a date which occurs at least 6 months after the date of the enactment of this Act.

TITLE XIIMatters relating to foreign nations

subtitle AAssistance and training

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

(a) Sense of Congress.—It is the sense of Congress that the Secretary of Defense should utilize appropriate security cooperation authorities to counter malign influence campaigns that are directed at allied and partner countries and that pose a significant threat to the national security of the United States.

(b) Report on funding.—The Secretary of Defense shall include with the consolidated budget materials submitted to Congress as required by section 381 of title 10, United States Code, for fiscal year 2020, and for each subsequent fiscal year through fiscal year 2025, a report on the use of security cooperation funding to counter the malign influence directed at allied and partner countries and that pose a significant threat to the national security of the United States.

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

Section 342 of title 10, United States Code, is amended—

(1) in subsection (f)(3)—

(A) in subparagraph (A) in the first sentence, by inserting “, including travel, transportation, and subsistence expenses,” after “activities of the Regional Centers”; and

(B) in subparagraph (B)(i), by inserting “, including travel, transportation, and subsistence expenses,” after “activities of the Regional Centers”;

(2) in subsection (h)(3)(A), by inserting “, including travel, transportation, and subsistence expenses,” after “Marshall Center”; and

(3) in subsection (i)(1), by inserting “, including travel, transportation, and subsistence expenses,” after “Daniel K. Inouye Center for Security Studies”.

SEC. 1203. NATO Strategic Communications Center of Excellence.

(a) Authorization.—The Secretary of Defense shall provide funds for the NATO Strategic Communications Center of Excellence (in this section referred to as the “Center”) to—

(1) enhance the ability of military forces and civilian personnel of the countries participating in the Center to engage in joint strategic communications exercises or coalition or international military operations; and

(2) improve interoperability between the armed forces and the military forces of friendly foreign nations in the areas of strategic communications.

(b) Certification.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall certify to the Committees on Armed Services of the House of Representatives and the Senate that the Secretary has assigned executive agent responsibility for the Center to an appropriate organization within the Department of Defense, and detail the steps being undertaken to strengthen the role of the Center in fostering strategic communications and information operations within NATO.

(c) Briefing requirement.—The Secretary of Defense shall periodically brief the Committee on Armed Services and the Committee on Foreign Relations of the Senate and the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives on the efforts of the Department of Defense to strengthen the role of the Center in fostering strategic communications and information operations within NATO.

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

(a) Authorization.—The Secretary of Defense shall provide funds for the NATO Cooperative Cyber Defense Center of Excellence (in this section referred to as the “Center”) to—

(1) enhance the ability of military forces and civilian personnel of the countries participating in the Center to engage in joint cyber exercises or coalition or international military operations; and

(2) improve interoperability between the armed forces and the military forces of friendly foreign countries in the areas of cyber and cybersecurity.

(b) Certification.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall certify to the Committees on Armed Services of the House of Representatives and the Senate that the Secretary has assigned executive agent responsibilities for the Center to an appropriate organization within the Department of Defense, and detail the steps being undertaken to strengthen the role of the Center in fostering cyber defense and cyber warfare capabilities within NATO.

(c) Briefing requirement.—The Secretary of Defense shall periodically brief the Committee on Armed Services and the Committee on Foreign Relations of the Senate and the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives on the efforts of the Department of Defense to strengthen the role of the Center in fostering cyber defense and cyber warfare capabilities within NATO.

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

(a) In general.—Subchapter V of chapter 16 of title 10, United States Code, is amended by adding at the end the following new section:

§ 351. Inter-American Defense College

“(a) Authority to support.—The Secretary of Defense may authorize members of the armed forces and civilian personnel of the Department of Defense to participate in the operation of and the provision of support to the Inter-American Defense College and provide logistic support, supplies, and services to the Inter-American Defense College, including the use of Department of Defense facilities and equipment, as the Secretary considers necessary to—

“(1) assist the Inter-American Defense College in its mission to develop and offer to military officers and civilian officials from member states of the Organization of American States advanced academic courses on matters related to military and defense issues, the inter-American system, and related disciplines; and

“(2) ensure that the Inter-American Defense College provides an academic program of a level of quality, rigor, and credibility that is commensurate with the standards of Department of Defense senior service colleges and that includes the promotion of security cooperation, human rights, humanitarian assistance and disaster response, peacekeeping, and democracy in the Western Hemisphere.

“(b) Memorandum of understanding.— (1) The Secretary of Defense, with the concurrence of the Secretary of State, shall enter into a memorandum of understanding with the Inter-American Defense Board for the participation of members of the armed forces and civilian personnel of the Department of Defense in the operation of and provision of host nation support to the Inter-American Defense College under subsection (a).

“(2) If Department of Defense facilities, equipment, or funds will be used to support the Inter-American Defense College under subsection (a), a memorandum of understanding entered into under paragraph (1) shall include a description of any cost-sharing arrangement or other funding arrangement relating to the use of such facilities, equipment, or funds.

“(3) A memorandum of understanding entered into under paragraph (1) shall also include a curriculum and a plan for academic program development.

“(c) Use of funds.— (1) Funds appropriated to the Department of Defense for operation and maintenance may be used to pay costs that the Secretary determines are necessary for the participation of members of the armed forces and civilian personnel of the Department of Defense in the operation of and provision of host nation support to the Inter-American Defense College, including—

“(A) the costs of expenses of such participants;

“(B) the cost of hiring and retaining qualified professors, instructors, and lecturers;

“(C) curriculum support costs, including administrative costs, academic outreach, and curriculum support personnel;

“(D) the cost of translation and interpretation services;

“(E) the cost of information and educational technology;

“(F) the cost of utilities; and

“(G) the cost of maintenance and repair of facilities.

“(2) No funds may be used under this section to provide for the pay of members of the armed forces or civilian personnel of the Department of Defense who participate in the operation of and the provision of host nation support to the Inter-American Defense College under this section.

“(3) Funds available to carry out this section for a fiscal year may be used for activities that begin in such fiscal year and end in the next fiscal year.

“(d) Waiver of reimbursement.—The Secretary of Defense may waive reimbursement for developing countries (as such term is defined in section 301 of this title) of the costs of funding and other host nation support provided to the Inter-American Defense College under this section if the Secretary determines that the provision of such funding or support without reimbursement is in the national security interest of the United States.

“(e) Logistic support, supplies, and services defined.—In this section, the term ‘logistic support, supplies, and services’ has the meaning given that term in section 2350 of this title.”.

(b) Clerical amendment.—The table of sections at the beginning of subchapter V of chapter 16 of such title is amended by adding at the end the following new item:


“Sec. 351. Inter-American Defense College.”.

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

Section 301(8) of title 10, United States Code, is amended by striking “$750,000” and inserting “$2,000,000”.

SEC. 1207. Report on security cooperation with Haiti.

Not later than 90 days after the date of the enactment of this Act, and every 180 days thereafter for 3 years, the Secretary of Defense, with the concurrence of the Secretary of State, shall submit to the appropriate committees of Congress (as such term is defined in section 301 of title 10, United States Code) a report on cooperation between the Department of Defense and the Government of Haiti.

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

(a) Review.—The Secretary of Defense, with the concurrence of the Secretary of State, shall conduct a review of the processes and procedures used to carry out section 362 of title 10, United States Code.

(b) Report.—

(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, with the concurrence of the Secretary of State, shall submit to the appropriate congressional committees a report that contains a summary and evaluation of the review required by subsection (a).

(2) MATTERS TO BE INCLUDED.—The report required by this subsection shall include the following:

(A) A description of the procedures used to obtain and verify information regarding the vetting of partner units for gross violation of human rights required under section 362 of title 10, United States Code.

(B) A description of the procedures required under subsection (d) of such section 362.

(C) A description of the procedures used to conduct remediation of units for determined or alleged of gross violation of human rights.

(D) A list of units completing the process of remediation for gross violation of human rights as described in subparagraph (C).

(E) A summary of reports submitted to Congress as required under subsection (e) of such section 362.

(F) An analysis of the impact of such section 362 to achieving the objectives of the National Defense Strategy.

(G) A description of the processes and procedures used to implement section 1206 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3538), to include the process of obtaining the concurrence of the Secretary of State, as required under subsection (c)(1) of such section.

(H) Recommendations to revise authorities to improve the processes and procedures related to the vetting of foreign partner units for gross violations of human rights.

(I) Any other matters the Secretary considers appropriate.

(3) FORM.—The report required by this subsection shall be submitted in unclassified form but may include a classified annex.

(4) DEFINITION.—In this subsection, the term “appropriate congressional committees” means—

(A) the congressional defense committees; and

(B) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.

(c) Amendments to existing law.— (1) Paragraph (1) of section 362(a) of title 10, United States Code, is amended in paragraph (1), by striking “none may be used for any training, equipment, or other assistance” and inserting “none may be used for any training, defense articles, or defense services”.

(2) Subsection (b)(3) of section 1206 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. 2282 note) is amended by striking “subsection (b) of section 2249e of title 10, United States Code (as added by section 1204(a) of this Act)” and inserting “subsection (b) of section 362 of title 10, United States Code”.

SEC. 1209. Report on allied contributions to the common defense.

(a) Sense of Congress.—It is the sense of Congress that—

(1) in recognition of the growth in the economic and military strength of United States allies which has occurred since the commencement of applicable treaties or other mutual security arrangements—

(A) the burdens of mutual defense now assumed by some countries allied with the United States are not commensurate with their economic resources or security environments;

(B) many United States allies have failed to consistently meet their commitments and responsibilities;

(C) progress towards developing the necessary self-defense capabilities to fulfill commitments and contribute to the common defense has been disappointing at times; and

(D) the continued unwillingness of certain allied countries to increase their contributions to the common defense to more appropriate levels will endanger the vitality, effectiveness, and cohesion of the alliances and partnerships between those countries and the United States and increase risks to shared peace and prosperity; and

(2) the President should seek from each ally or partner country of the United States acceptance of international security responsibilities and agreements to make contributions to the common defense that are commensurate with the economic resources and security environment of such country, including, when appropriate, an increase in host nation support.

(b) Report on contributions by allies.—

(1) IN GENERAL.—Chapter 16 of title 10, United States Code, is amended by adding at the end the following new section:

§ 387. Report on annual defense spending by ally and partner countries

“(a) In general.—Not later than March 1, 2019, and annually thereafter, the Secretary of Defense shall submit to the appropriate congressional committees and to the Committee on Oversight and Government Reform of the House of Representatives a report that includes a description of—

“(1) the annual defense spending of each mutual defense treaty ally and major non-NATO ally, including the nominal budget figure and the share of such spending as a percentage of the ally’s gross domestic product, for the fiscal year immediately preceding the fiscal year in which the report is submitted;

“(2) the activities of each such ally in contributing to military or stability operations in which the armed forces participate;

“(3) any limitations that each such ally places on the use of the armed forces of such ally for such military or stability operations; and

“(4) any actions undertaken by the United States or other countries to minimize or modify such limitations.

“(b) Form.—The report required by subsection (a) shall be submitted in unclassified form but may contain a classified annex.

“(c) Definitions.—In this section:

“(1) MUTUAL DEFENSE TREATY ALLY.—The term ‘mutual defense treaty ally’ means a country that is a party to a treaty of mutual defense with the United States.

“(2) MAJOR NON-NATO ALLY.—The term ‘major non-NATO ally’ means a country so designated pursuant to section 2350a or section 517 of the Foreign Assistance Act of 1961.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 16 of such title is amended by inserting after the item relating to section 386 the following new item:


“387. Report on annual defense spending by ally and partner countries.”.

SEC. 1210. Enhanced military activities.

(a) NATO exercises.—The Secretary of Defense, in consultation with appropriate officials of other member countries of the North Atlantic Treaty Organization, shall seek opportunities to conduct more NATO naval exercises in the Baltic and Black Seas, as well as in the northern Atlantic Ocean, to defend the seas around Europe and deter Russian aggression in those regions.

(b) Joint research projects.—The Secretary of Defense, in coordination with the Secretary of State, may conduct joint research projects with NATO allies pursuant to the authorities under chapter 138 of title 10, United States Code, including projects through NATO Centers of Excellence, to—

(1) improve NATO reconnaissance capabilities to track Russian military exercises;

(2) enhance NATO anti-submarine warfare capabilities against Russia;

(3) increase the numbers of modern sensors placed on NATO aircraft, submarines, and surface ships; or

(4) enhance NATO capabilities to detect and deter Russian information operations.

SEC. 1210A. Report on security cooperation programs and activities of the Department of Defense in certain foreign countries.

(a) In general.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to appropriate congressional committees a report on security cooperation programs and activities of the Department of Defense in the foreign countries specified in subsection (b) that were carried out at any time during the period beginning on September 11, 2001, and ending on such date of enactment.

(b) Foreign countries specified.—The foreign countries specified in this subsection are the following:

(1) Afghanistan.

(2) Iraq.

(3) Yemen.

(4) Nigeria.

(5) Mali.

(6) Chad.

(7) Somalia.

(8) The Philippines.

(9) Any other country as determined by the Secretary of Defense.

(c) Matters to be included.—The report required under subsection (a) shall include the following:

(1) Lessons learned and best practices with respect to such security cooperation programs and activities of the Department of Defense.

(2) Relevant recommendations for future security cooperation programs and activities of the Department of Defense.

(3) Recommendations for monitoring and evaluation metrics for future security cooperation programs and activities of the Department of Defense.

(4) Evaluation of the efficacy of the assessment tools used by the Department of Defense and other relevant security cooperation agencies with respect to such security cooperation programs and activities of the Department of Defense for purposes of measuring improvements made by the forces of the foreign countries specified in subsection (b).

(d) Definitions.—In this section:

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means—

(A) the congressional defense committees; and

(B) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.

(2) SECURITY COOPERATION PROGRAMS AND ACTIVITIES OF THE DEPARTMENT OF DEFENSE.—The term “security cooperation programs and activities of the Department of Defense” has the meaning given such term in section 301(7) of title 10, United States Code.

SEC. 1210B. Modifications to congressional notification requirements regarding support for operations and capacity building.

(a) Authority to provide support for conduct of operations.—Section 331(d)(2) of title 10, United States Code, is amended—

(1) by redesignating subparagraph (E) as subparagraph (H); and

(2) by inserting after subparagraph (D) the following new subparagraphs:

“(E) An evaluation of political, social, economic, diplomatic, and historical factors, if any, of the participating country that may impair or inhibit the effectiveness of support to be provided to the participating country.

“(F) An assessment of the sustainability of support to be provided to the participating country by the United States.

“(G) A description of measures being taken to ensure the participating country does not become dependent on United States assistance to be provided under this section.”.

(b) Defense institution capacity building.—Section 332(b)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraphs:

“(D) An assessment of the objectives of the United States and foreign countries participating in the program.

“(E) An evaluation of political, social, economic, diplomatic, and historical factors, if any, of foreign countries participating in the program that may impair or inhibit the effectiveness of the program.

“(F) An assessment of the sustainability of support to be provided to foreign countries participating in the program.

“(G) A description of measures being taken to ensure foreign countries participating in the program do not become dependent on United States assistance to be provided under the program.”.

(c) Foreign security forces capacity building.—Section 333(e) of title 10, United States Code, is amended by adding at the end the following new paragraph:

“(8) An evaluation of political, social, economic, diplomatic, and historical factors, if any, of the foreign country that may impair or inhibit the effectiveness of the program.”.

subtitle BMatters 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.

(a) Extension of expiration.—Subsection (h) of section 1222 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1992), as most recently amended by section 1211 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1648), is further amended by striking “December 31, 2018” and inserting “December 31, 2020”.

(b) Excess defense articles.—Subsection (i)(2) of such section 1222, as so amended, is further amended by striking “December 31, 2018,” each place it appears and inserting “December 31, 2020”.

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

(a) Extension of authority.—Subsection (a) of section 1233 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 393), as most recently amended by section 1212 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1648), is further amended by striking “the period beginning on October 1, 2017, and ending on December 31, 2018” and inserting “the period beginning on October 1, 2018, and ending on December 31, 2019”.

(b) Extension of limitations.—Subsection (d)(1) of such section 1233, as so amended, is further amended—

(1) in the first sentence, by striking “the period beginning on October 1, 2017, and ending on December 31, 2018” and inserting “the period beginning on October 1, 2018, and ending on December 31, 2019”; and

(2) in the second sentence, by striking “to Pakistan during” and all that follows through “December 31, 2018” and inserting “to Pakistan during the period beginning on October 1, 2018, and ending on December 31, 2019”.

(c) Extension of additional limitations with respect to Pakistan.—

(1) EXTENSION OF NOTICE REQUIREMENT RELATING TO REIMBURSEMENT OF PAKISTAN FOR SUPPORT PROVIDED BY PAKISTAN.—Section 1232(b)(6) of the National Defense Authorization Act for Fiscal Year 2008 (122 Stat. 393), as most recently amended by section 1212(d) of the National Defense Authorization Act for Fiscal Year 2018, is further amended by striking “December 31, 2018” and inserting “December 31, 2019”.

(2) EXTENSION OF LIMITATION ON REIMBURSEMENT OF PAKISTAN PENDING CERTIFICATION ON PAKISTAN.—Section 1227(d)(1) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 2001), as most recently amended by section 1212(e) of the National Defense Authorization Act for Fiscal Year 2018, is further amended by striking “for any period prior to December 31, 2018” and inserting “for any period prior to December 31, 2019”.

(3) ADDITIONAL LIMITATION ON REIMBURSEMENT OF PAKISTAN PENDING CERTIFICATION ON PAKISTAN.—Of the total amount of reimbursements and support authorized for Pakistan during fiscal year 2019 pursuant to the second sentence of section 1233(d)(1) of the National Defense Authorization Act for Fiscal Year 2008 (as amended by subsection (b)(2)), $350,000,000 shall not be eligible for the waiver under section 1227(d)(2) of the National Defense Authorization Act for Fiscal Year 2013 (126 Stat. 2001) unless the Secretary of Defense certifies to the congressional defense committees that—

(A) Pakistan continues to conduct military operations that are contributing to significantly disrupting the safe havens, fundraising and recruiting efforts, and freedom of movement of the Haqqani Network in Pakistan;

(B) Pakistan has taken steps to demonstrate its commitment to prevent the Haqqani Network from using any Pakistan territory as a safe haven and for fundraising and recruiting efforts;

(C) the Government of Pakistan is making an attempt to actively coordinate with the Government of Afghanistan to restrict the movement of militants, such as the Haqqani Network, along the Afghanistan-Pakistan border; and

(D) Pakistan has shown progress in arresting and prosecuting senior leaders and mid-level operatives of the Haqqani Network.

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

(a) Extension.—Section 1201 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1619), as most recently amended by section 1211 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2477), is further amended—

(1) in subsection (a), by striking “December 31, 2018” and inserting “December 31, 2020”;

(2) in subsection (b), by striking “fiscal year 2017 and fiscal year 2018” and inserting “fiscal years 2017 through 2020”; and

(3) in subsection (f), by striking “December 31, 2018” and inserting “December 31, 2020”.

(b) Modification.—Subsection (b) of section 1211 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2477) is amended—

(1) in the heading, by striking “and Syria” and inserting “Syria, Somalia, Libya, and Yemen”; and

(2) in paragraph (1), by striking “or Syria” and inserting “Syria, Somalia, Libya, or Yemen”.

SEC. 1214. Report on assistance to Pakistan.

Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees an unclassified report, which may include a classified annex, describing the manner in which the Department of Defense provides assistance to the Government of Pakistan.

SEC. 1215. Sense of Congress relating to Dr. Shakil Afridi.

(a) Findings.—Congress finds the following:

(1) The attacks of September 11, 2001, killed approximately 3,000 people, most of whom were Americans, but also included hundreds of individuals with foreign citizenships, nearly 350 New York Fire Department personnel, and about 50 law enforcement officers.

(2) Downed United Airlines flight 93 was reportedly intended, under the control of the al-Qaeda high-jackers, to crash into the White House or the Capitol in an attempt to kill the President of the United States or Members of the United States Congress.

(3) The September 11, 2001, attacks were largely planned and carried out by the al-Qaeda terrorist network led by Osama bin Laden and his deputy Ayman al Zawahiri, after which Osama bin Laden enjoyed safe haven in Pakistan from where he continued to plot deadly attacks against the United States and the world.

(4) Since 2001, the United States has provided more than $30 billion in security and economic aid to Pakistan.

(5) The United States very generously and swiftly responded to the 2005 Kashmir Earthquake in Pakistan with more than $200 million in emergency aid and the support of several United States military aircraft, approximately 1,000 United States military personnel, including medical specialists, thousands of tents, blankets, water containers and a variety of other emergency equipment.

(6) The United States again generously and swiftly contributed approximately $150 million in emergency aid to Pakistan following the 2010 Pakistan flood, in addition to the service of nearly twenty United States military helicopters, their flight crews, and other resources to assist the Pakistan Army’s relief efforts.

(7) The United States continues to work tirelessly to support Pakistan’s economic development, including millions of dollars allocated towards the development of Pakistan’s energy infrastructure, health services and education system.

(8) The United States and Pakistan continue to have many critical shared interests, both economic and security related, which could be the foundation for a positive and mutually beneficial partnership.

(9) Dr. Shakil Afridi, a Pakistani physician, is a hero to whom the people of the United States, Pakistan and the world owe a debt of gratitude for his help in finally locating Osama bin Laden before more innocent American, Pakistani and other lives were lost to this terrorist leader.

(10) Pakistan, the United States and the international community had failed for nearly 10 years following attacks of September 11, 2001, to locate and bring Osama bin Laden, who continued to kill innocent civilians in the Middle East, Asia, Europe, Africa and the United States, to justice without the help of Dr. Afridi.

(11) The Government of Pakistan’s imprisonment of Dr. Afridi presents a serious and growing impediment to the United States’ bilateral relations with Pakistan.

(12) The Government of Pakistan has leveled and allowed baseless charges against Dr. Afridi in a politically motivated, spurious legal process.

(13) Dr. Afridi is currently imprisoned by the Government of Pakistan, a deplorable and unconscionable situation which calls into question Pakistan’s actual commitment to countering terrorism and undermines the notion that Pakistan is a true ally in the struggle against terrorism.

(b) Sense of Congress.—It is the sense of Congress that Dr. Shakil Afridi is an international hero and that the Government of Pakistan should release him immediately from prison.

subtitle CMatters 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.

(a) Authority.—Subsection (a) of section 1236 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3559), as most recently amended by section 1222 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1690), is further amended by striking “December 31, 2019” and inserting “December 31, 2020”.

(b) Funding.—Subsection (g) of such section, as so amended, is further amended—

(1) by striking “fiscal year 2018” and inserting “fiscal year 2019”; and

(2) by striking “$1,269,000,000” and inserting “$850,000,000”.

(c) Sense of Congress.—It is the sense of the Congress that—

(1) the Peshmerga forces of the Kurdistan Region of Iraq have made, and continue to make, significant contributions to the United States-led campaign to degrade, dismantle, and ultimately defeat the Islamic State of Iraq and Syria (ISIS) in Iraq;

(2) a lasting defeat of ISIS is critical to maintaining a stable and tolerant Iraq in which all faiths, sects, and ethnicities are afforded equal protection and full integration into the Government and society of Iraq; and

(3) in support of counter-ISIS operations and in conjunction with the Central Government of Iraq, the United States should provide the Ministry of Peshmerga forces of the Kurdistan Region of Iraq $290,000,000 in operational sustainment, so that the Peshmerga forces can more effectively partner with the Iraqi Security Forces, the United States, and other international Coalition members to consolidate gains, hold territory, and protect infrastructure from ISIS and its affiliates in an effort to deal a lasting defeat to ISIS and prevent its reemergence in Iraq.

(d) Quarterly progress report.—

(1) IN GENERAL.—The Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate congressional committees and leadership of the House of Representatives and the Senate a progress report under section 1236 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015, which shall be provided in unclassified form with a classified annex if necessary. Such progress report shall, based on the most recent quarterly information, include an assessment of the following:

(A) The incorporation of violent extremist organizations and organizations with association to the Iran’s Revolutionary Guard Corps (IRGC) into the Iraq military.

(B) The level of access violent extremist organizations and organizations with association to the IRGC have to United States-provided equipment and training.

(C) United States-provided equipment that is controlled by unauthorized end users, determined by vetting required in subsection (e) of section 1236 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015, or is not accounted for by the Government of Iraq, including a detailed inventory of each equipment type provided to the Government of Iraq.

(D) Actions taken by the Government of Iraq to repossess United States-provided equipment from unauthorized end users.

(2) DEFINITION.—In this subsection, the term “appropriate congressional committees” means—

(A) the congressional defense committees; and

(B) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.

SEC. 1222. Extension of authority to provide assistance to the vetted Syrian opposition.

(a) In general.—Subsection (a) of section 1209 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3541), as most recently amended by section 1223 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1653), is further amended by striking “December 31, 2018” and inserting “December 31, 2019”.

(b) Reprogramming requirement.—

(1) IN GENERAL.—Subsection (f) of such section 1209, as most recently amended by section 1221 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2485), is further amended by striking “December 31, 2018” and inserting “December 31, 2019”.

(2) LIMITATION ON THE USE OF FUNDS.—Beginning on the date of the enactment of this section, no funds may be requested to be reprogrammed pursuant to such subsection (f), as amended by paragraph (1), until the date that is 30 days after the date on which the President submits to the congressional defense committees a plan that includes the following:

(A) A description of the efforts the United States will undertake to train and build appropriately vetted Syrian opposition forces.

(B) An assessment of the nature of the forces receiving such assistance, including the origins and affiliations of such forces and any previous history of collaboration with the Syrian Democratic Forces.

(C) An assessment of the current operational effectiveness of such forces.

(D) The conditions to be met for a determination that ISIS has been adequately neutralized.

(E) A description of the roles and contributions of partner countries to such assistance, if any.

(F) The concept of operations, timelines, and types of training, equipment, stipends, sustainment, and supplies to be provided by the United States, including measures for end-use accountability with respect to resources, equipment, and supplies after the resources, equipment, and supplies are provided to such forces.

(G) A description of the force posture and roles of the United States Armed Forces involved in providing such assistance.

(3) FORM.—The plan described in paragraph (2) shall be submitted in unclassified form but may include a classified annex.

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

(a) Extension of authority.—Subsection (f)(1) of section 1215 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1631; 10 U.S.C. 113 note), as most recently amended by section 1224 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1654), is further amended by striking “fiscal year 2018” and inserting “fiscal year 2019”.

(b) Limitation on amount.—Subsection (c) of such section is amended—

(1) by striking “fiscal year 2018” and inserting “fiscal year 2019”; and

(2) by striking “$42,000,000” and inserting “$45,000,000”.

(c) Source of funds.—Subsection (d) of such section is amended by striking “fiscal year 2018” and inserting “fiscal year 2019”.

SEC. 1224. Sense of Congress on ballistic missile cooperation to counter Iran.

(a) Findings.—Congress finds the following:

(1) At the 2014 Strategic Cooperation Forum in New York of the Gulf Cooperation Council, the Foreign Ministers of member countries agreed in a Joint Communique to “[e]nhance GCC-US security coordination, particularly on Ballistic Missile Defense, by continuing to move forward on development of a Gulf-Wide, interoperable missile defense architecture.”.

(2) At the 2015 Strategic Cooperation Forum in New York, the Foreign Ministers issued a Joint Communique that “reaffirmed commitment to * * * establishing a GCC interoperable ballistic missile defense architecture”.

(3) The White House Office of the Press Secretary released a statement on May 14, 2015, that at the 2015 United States—GCC Summit at Camp David, “leaders discussed a new U.S.-GCC strategic partnership to enhance their work to improve security cooperation on * * * ballistic missile defense”.

(4) The White House Office of the Press Secretary subsequently released a statement on April 21, 2016, that at the 2016 United States—GCC Summit at Riyadh, “leaders affirmed need to remain vigilant about addressing Iran’s destabilizing actions in the region, including its ballistic missile program”.

(b) Sense of Congress.—It is the sense of Congress that—

(1) member countries of the Gulf Cooperation Council should take meaningful steps to develop and implement an interoperable ballistic missile defense architecture to defend against Iran’s ballistic missile threat that emphasizes information sharing and includes early warning and tracking data, to enhance the security of citizens, protect critical infrastructure, and deter Iran; and

(2) the United States should continue bilateral and multilateral missile defense exercises in the region and, when practicable, increase the capacity of United States partners through foreign military sales.

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

(a) Strategy authorized.—

(1) IN GENERAL.—The Secretary of Defense, with the concurrence of the Secretary of State, is authorized to develop and implement a strategy with foreign partners to counter the destabilizing activities of Iran.

(2) ELEMENTS.—The strategy described in paragraph (1)—

(A) should identify specific countries in which Iran and Iranian-backed entities are operating;

(B) should establish a cooperative framework that includes—

(i) investing in intelligence, surveillance, and reconnaissance platforms;

(ii) investing in mine countermeasures resources and platforms;

(iii) investing in integrated air and missile defense platforms and technologies;

(iv) sharing intelligence and data with United States and such foreign countries;

(v) investing in cyber security and cyber defense capabilities;

(vi) engaging in combined planning;

(vii) engaging in defense education, institution building, doctrinal development, and reform; and

(viii) assessing Iran’s destabilizing activities in the countries identified under subparagraph (A) and the implications thereof; and

(C) should provide for designation of a civilian or military officer or employee of the Department of Defense and designation of a senior employee of the Department of State to implement the cooperative framework described in subparagraph (B).

(b) Multilateral coordination.—To enhance cooperation and encourage military-to-military engagement between the United States and foreign partners described in subsection (a), the Secretary of Defense and the Secretary of State should take appropriate actions to ensure that exchanges between senior military officers and senior civilian defense officials of the governments of such foreign partners—

(1) are at a level appropriate to enhance engagement between the militaries of such partners for threat analysis, military doctrine, force planning, mutual security interests, logistical support, and intelligence cooperation;

(2) enhance security cooperation, including maritime security, special operations collaboration, cyber cooperation, and integrated air and missile defense and domain awareness, in the Middle East and Southwest Asia regions; and

(3) accelerate the development of combined military planning for missions to counter Iran that may arise within the contours of shared national security interests.

(c) United States policy.—It shall be the policy of the United States to provide foreign countries that are willing to materially assist United States efforts to counter Iran in the Middle East with support under the strategy authorized under subsection (a) including, as appropriate, with partner benefits commensurate with such support.

(d) Report.—Not later than 180 days after the date of the enactment of this Act, and annually thereafter through December 31, 2021, the Secretary of Defense, in consultation with the Secretary of State, should submit to the congressional defense committees and the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on—

(1) the strategy described in subsection (a), including a description of contributions of foreign partners to the strategy; and

(2) the actions taken under subsection (b).

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

(a) Finding.—In the annual report submitted to Congress in March 2018, consistent with condition (10)(C) of the Resolution of Advice and Consent to Ratification of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction (“Chemical Weapons Convention”), entered into force on April 29, 1997, the Secretary of State concluded that “(b)ased on available information, the United States cannot certify Iran has met its obligations under the Convention for declaration of: (1) its chemical weapons production facility (CWPF); (2) transfer of chemical weapons (CW); and (3) retention of an undeclared CW stockpile”.

(b) Report required.—Not later than February 1, 2019, the Secretary of Defense and the Secretary of State shall submit to the appropriate congressional committees a report assessing the extent to which Iran is complying with its obligations under the Chemical Weapons Convention that includes the following:

(1) A description, assessment, and verification, to the extent practicable, of any credible information that Iran has assisted the Government of Syria in committing actions that violate such treaty.

(2) A description of any dual-use technologies that could advance Iran’s capability to produce chemical weapons for offensive use.

(3) The implications of any activities or technologies described pursuant to paragraphs (1) and (2) for Iran’s compliance with other international obligations relating to nonproliferation.

(4) Any other matters the Secretaries determines to be relevant.

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

(d) Appropriate congressional committees.—In this section, the term “appropriate congressional committees” means the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.

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.

(a) In general.—Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that contains a review and analysis of the potential for release of chemical weapons or chemical weapons precursors from the Barzeh Research and Development Center and the Him Shinshar chemical weapons storage and bunker facilities in Homs province of Syria that were targets of strikes by the United States and partner forces on April 13, 2018.

(b) Requirements relating to review and analysis.—The review and analysis described in subsection (a) shall include the following:

(1) The methodology the Secretary of Defense used prior to such strikes to determine the likelihood of a release of chemical weapons or chemical weapons precursors affecting local residents.

(2) The methodology the Secretary of Defense used prior to such strikes to determine the potential for chemical agents to enter into the aquifer, air, soil, or other aspects of the environment.

(c) Form.—The report required under this section shall be submitted in unclassified form, but may contain a classified annex.

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

(a) Report required.—Not later than 120 days after the date of the enactment of this Act, and annually thereafter for 5 years, the President shall transmit to the appropriate congressional committees a report on cooperation between Iran and the Russian Federation and the extent to which such cooperation affects United States national security and strategic interests, particularly with respect to Syria.

(b) Matters To be included.—The report required by subsection (a) shall include the following:

(1) A detailed description of Iranian-Russian cooperation on matters relating to Syria, including the following:

(A) Mutual defense assistance to the Assad regime.

(B) Establishment of forward operating bases in Syria.

(C) Deployment of air defense systems.

(D) Assistance to Assad’s chemical weapons program, including research, development, and deployment of such weapons.

(2) A detailed description of Iranian-Russian cooperation on matters relating to Iran’s space program, including how and to what extent such cooperation strengthens Iran’s ballistic missile program.

(3) A description and analysis of the intelligence-sharing center established by Iran, Russia, and Syria in Baghdad, Iraq, and whether such center is being used for purposes other than the purposes of the joint mission of such countries in Syria.

(4) A description and analysis of—

(A) naval cooperation between Iran and Russia, including joint naval exercises between the two countries; and

(B) the long-term consequences of—

(i) a robust Russian naval presence in the Eastern Mediterranean;

(ii) an Iranian naval presence in the Persian Gulf; and

(iii) Iranian and Russian naval strength in the Caspian Sea.

(5) A description of nuclear cooperation between Iran and Russia, both with respect to the Joint Comprehensive Plan of Action and outside of the parameters of such nuclear agreement with Iran.

(6) The likelihood that Iran might adopt the Russian model of hybrid warfare.

(7) The extent of Russian cooperation with Hezbollah in Syria, Lebanon, and Iraq, including cooperation with respect to training, equipping, and joint operations.

(c) Form.—Each report required by subsection (a) shall be submitted in unclassified form, but may contain a classified annex.

(d) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means—

(1) the congressional defense committees; and

(2) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.

SEC. 1229. Report on Iranian support of proxy forces in Syria and Lebanon.

(a) Report.—Not later than 180 days after the date of the enactment of this Act, the President shall submit to Congress a report that describes Iranian support of proxy forces in Syria and Lebanon and assesses the increased threat posed to Israel, other United States regional allies, and other specified interests of the United States as a result of such support.

(b) Matters To be included.—The report required under subsection (a) shall include, at a minimum, information relating to the following matters with respect to both the strategic and tactical implications for the United States and its allies:

(1) A description of arms or related material transferred by Iran to Hizballah since March 2011, including the number of such arms or related material and whether such transfer was by land, sea, or air, as well as financial and additional technological capabilities transferred by Iran to Hizballah.

(2) A description of Iranian and Iranian-controlled personnel, including Hizballah, Shiite militias, and Iran’s Revolutionary Guard Corps forces, operating within Syria, including the number and geographic distribution of such personnel operating within 30 kilometers of the Israeli borders with Syria and Lebanon.

(3) An assessment of Hizballah’s operational lessons learned based on its recent experiences in Syria.

(4) A description of the threat posed to Israel and other United States partners in the Middle East by the transfer of arms or related material or other support offered to Hizballah and other proxies from Iran.

(c) Definition.—In this section, the term “arms or related material” means—

(1) nuclear, biological, chemical, or radiological weapons or materials or components of such weapons;

(2) ballistic or cruise missile weapons or materials or components of such weapons;

(3) destabilizing numbers and types of advanced conventional weapons;

(4) defense articles or defense services, as those terms are defined in paragraphs (3) and (4), respectively, of section 47 of the Arms Export Control Act (22 U.S.C. 2794);

(5) defense information, as that term is defined in section 644 of the Foreign Assistance Act of 1961 (22 U.S.C. 2403); or

(6) items designated by the President for purposes of the United States Munitions List under section 38(a)(1) of the Arms Export Control Act (22 U.S.C. 2778(a)(1)).

SEC. 1230. Sense of Congress on the lack of authorization for the use of the Armed Forces against Iran.

It is the sense of Congress that the use of the Armed Forces against Iran is not authorized by this Act or any other Act.

SEC. 1230A. Rule of construction.

Nothing in this Act may be construed to authorize the use of the Armed Forces of the United States against Iran.

SEC. 1230B. Afghanistan security.

(a) In general.—Not later than 90 days after the date of the enactment of this Act, and by January 15 of every year thereafter through 2020, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives and the Committee on Armed Services and the Committee on Foreign Relations of the Senate a report on the progress made by the Government of Afghanistan in achieving the security-sector benchmarks as outlined by the United States-Afghan Compact, otherwise known as the Kabul Compact.

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

SEC. 1230C. Sense of Congress on ballistic missile program of Iran.

It is the sense of Congress that—

(1) the ballistic missile program of Iran represents a serious threat to allies of the United States in the Middle East and Europe, members of the Armed Forces deployed in the those regions, and ultimately the United States;

(2) the testing and production by Iran of ballistic missiles capable of carrying a nuclear device is a clear violation of multiple United Nations Security Council resolutions, which were unanimously adopted by the international community;

(3) Iran currently maintains the largest inventory of ballistic missiles in the Middle East;

(4) according to the Director of National Intelligence, Dan Coats, Iran’s ballistic missiles are inherently capable of delivering weapons of mass destruction and the Office of the Director of National Intelligence judges they would be used as Iran’s “preferred method of delivering nuclear weapons, if it builds them”;

(5) Director of National Intelligence Coats additionally asserts “Tehran’s desire to deter the United States might drive it to field an intercontinental ballistic missile (ICBM)” and “progress on Iran’s space program could shorten a pathway to an ICBM because space launch vehicles use similar technologies”; and

(6) the Government of the United States should impose tough primary and secondary sanctions against any sector of the economy of Iran or any Iranian person that directly or indirectly supports the ballistic missile program of Iran as well as any foreign person or financial institution that engages in transactions or trade that support that program.

SEC. 1230D. Limitation on assistance to the Ministry of the Interior of the Government of Iraq.

(a) In general.—None of the funds authorized to be appropriated by this Act for assistance to the Ministry of the Interior of the Government of Iraq may be obligated or expended until the Secretary of Defense and the Secretary of State jointly certify to the appropriate congressional committees that such funds, including funds for the provision of intelligence sharing, will not be disbursed by the United States to any group that is, or that is known to be affiliated with, the Iranian Revolutionary Guard Corps–Quds Force or other state sponsor of terrorism.

(b) Report.—Not later than 90 days after the date of the enactment of this Act, and annually thereafter until the Iraq Train and Equip Fund is no longer in effect, the Secretary of State should submit to the appropriate congressional committees a report on the implementation of this section.

(c) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means—

(1) the congressional defense committees; and

(2) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.

SEC. 1230E. Report on Iranian expenditures supporting foreign military and terrorist activities.

(a) In general.—Not later than 90 days after the date of the enactment of this Act, and annually thereafter until the date described in subsection (c), the Secretary of State, in consultation with the Director of National Intelligence, shall submit to Congress a report describing Iranian expenditures in the previous calendar year on military and terrorist activities outside the country, including each of the following:

(1) The amount spent in such calendar year on activities by the Islamic Revolutionary Guard Corps, including activities providing support for—

(A) Hezbollah;

(B) Houthi rebels in Yemen;

(C) Hamas;

(D) proxy forces in Iraq and Syria; or

(E) any other entity or country the Secretary determines to be relevant.

(2) The amount spent in such calendar year for ballistic missile research and testing or other activities that the Secretary of State determines are destabilizing to the Middle East region.

(b) Form.—

(1) IN GENERAL.—The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex.

(2) INCLUSION IN ANNUAL COUNTRY REPORTS ON TERRORISM.—The Secretary of State may issue the reports required under subsection (a) by including such reports in the annual reports required by section 140 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f).

(c) Expiration date.—The date described in this subsection is the date on which the Secretary of State determines that the Government of Iran no longer provides support for international terrorism pursuant to the following:

(1) Section 6(j) of the Export Administration Act of 1979 (as continued in effect under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)).

(2) Section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371).

(3) Section 40 of the Arms Export Control Act (22 U.S.C. 2780).

SEC. 1230F. Imposition of sanctions.

(a) Imposition of sanctions.—

(1) IN GENERAL.—Beginning on the date that is 90 days after the date of the enactment of this Act, the President shall impose the sanctions described in paragraph (2) with respect to As-Saib Ahl al-Haq and Harakat Hizballah al-Nujaba and foreign persons that are officials, agents, affiliates of, or owned or controlled by As-Saib Ahl al-Haq or Harakat Hizballah al-Nujaba, as the case may be.

(2) SANCTIONS DESCRIBED.—The sanctions described in this paragraph are sanctions applicable with respect to a foreign person pursuant to Executive Order 13224 (50 U.S.C. 1701 note; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism).

(3) EXCEPTION.—The authorities and requirements to impose sanctions under this section shall not include the authority or requirement to impose sanctions on the importation of goods (as such term is defined in section 16 of the Export Administration Act of 1979 (50 U.S.C. 4618) (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.))).

(b) Additional reporting.—

(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the President shall transmit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of Senate a report that includes a detailed list of global entities with respect to which there is a reasonable basis to determine that Iran’s Islamic Revolutionary Guard Corps has an ownership interest in such entity of not less than 33 percent.

(2) FORM.—The report required under paragraph (1) shall be submitted in unclassified form but may contain a classified annex.

SEC. 1230G. Report on United States strikes against Syria.

Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate a report providing a detailed explanation of the legal basis under both domestic and international law for the strikes conducted by the United States against Syrian regime targets on April 6, 2017, and April 13, 2018, including a detailed legal analysis of relevant authorities and precedents. Such report shall be unclassified, but may include a classified annex.

SEC. 1230H. Report on United States military strikes against Syria.

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees and the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report regarding the United States military strikes on Syria on April 13, 2018. Such report should address the following:

(1) An identification of the objectives of such strikes.

(2) An examination of whether such objectives were achieved.

(3) An examination of any tactical advantages gained by such strikes.

(4) An assessment of the extent to which Syrian military operations were affected by such strikes, including if such strikes had any lasting impact on such operations.

(5) An identification of the legal justification for such strikes.

SEC. 1230I. Report on evolving financing mechanisms leveraged by the Islamic State and affiliate entities.

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, the Secretary of the Treasury, and the Secretary of State, in coordination with other appropriate Federal officials, shall jointly submit to Congress a report that contains an assessment regarding—

(1) the current funding mechanisms used by the Islamic State and affiliated entities;

(2) the most likely future financing mechanisms available to the Islamic State and affiliated entities; and

(3) United States efforts to deny access to such funding mechanisms.

subtitle DMatters relating to the Russian Federation

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

(a) Prohibition.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for the Department of Defense may be obligated or expended to implement any activity that recognizes the sovereignty of the Russian Federation over Crimea.

(b) Waiver.—The Secretary of Defense, with the concurrence of the Secretary of State, may waive the restriction on the obligation or expenditure of funds required by subsection (a) if the Secretary—

(1) determines that to do so is in the national security interest of the United States; and

(2) submits a notification of the waiver, at the time the waiver is invoked, to the Committee on Armed Services and the Committee on Foreign Relations of the Senate and the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.

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

(a) Prohibition on Activities to Modify United States Aircraft.—

(1) IN GENERAL.—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 arms control implementation (PE 0305145F), Aircraft Procurement, Air Force (line item C135B0/C-135B), or procurement, Air Force, for digital visual imaging system (BA-05, Line Item #1900) may be obligated or expended to carry out any activities to modify any United States aircraft for purposes of implementing the Open Skies Treaty until the President submits to the appropriate congressional committees the certification described in paragraph (2).

(2) CERTIFICATION.—

(A) IN GENERAL.—The certification described in this paragraph is a certification of the President that—

(i) the President has imposed treaty violations responses and legal countermeasures on the Russian Federation for its violations of the Open Skies Treaty; and

(ii) the President has fully informed the appropriate congressional committees of such responses and countermeasures.

(B) DELEGATION.—The President may delegate the responsibility for making a certification under subparagraph (A) to the Secretary of the State.

(3) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this subsection, the term “appropriate congressional committees” means—

(A) the congressional defense committees; and

(B) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.

(b) Limitation on use of funds to vote or approve certain implementing decisions of the Open Skies Consultative Commission.—

(1) IN GENERAL.—None of the funds authorized to be appropriated or otherwise made available by this Act or any other Act for fiscal year 2019 may be used to vote to approve or otherwise adopt any implementing decision of the Open Skies Consultative Commission pursuant to Article X of the Open Skies Treaty to authorize approval of requests by state parties to the Treaty to certify infra-red or synthetic aperture radar sensors pursuant to Article IV of the Treaty unless and until the following requirements are met:

(A) The Secretary of Defense, jointly with the relevant United States Government officials, submits to the appropriate congressional committees the following:

(i) A certification that the implementing decision would not be detrimental or otherwise harmful to the national security of the United States.

(ii) A report on the Open Skies Treaty that includes the following:

(I) The annual costs to the United States associated with countermeasures to mitigate potential abuses of observation flights by the Russian Federation carried out under the Treaty over European and United States territories involving infra-red or synthetic aperture radar sensors.

(II) A plan, and its estimated comparative cost, to replace the Treaty architecture with an increased sharing of overhead commercial imagery, consistent with United States national security, with covered state parties, excluding the Russian Federation.

(III) An evaluation by the Director of National Intelligence of matters concerning how an observation flight described in clause (i) could implicate intelligence activities of the Russian Federation in the United States and United States counterintelligence activities and vulnerabilities.

(IV) An assessment of how such information is used by the Russian Federation, for what purpose, and how the information fits into the Russian Federation’s overall collection posture.

(B) Not later than 90 days before the date on which the United States votes to approve or otherwise adopt any such implementing decision, the President shall submit to the appropriate congressional committees a certification that—

(i) the Russian Federation—

(I) is in complete compliance with is obligations under the Open Skies Treaty;

(II) is not exceeding the imagery limits set forth in the Treaty; and

(III) is allowing observation flights by covered state parties over all of Moscow, Chechnya, Kaliningrad, and within 10 kilometers of its border with Georgia’s occupied territories of Abkhazia and South Ossetia without restriction and without inconsistency to requirements under the Treaty;

(ii) covered state parties have been notified and briefed on concerns of the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)) regarding infra-red or synthetic aperture radar sensors used under the Open Skies Treaty; and

(iii) the Russian Federation has agreed to—

(I) extradite the 13 Russian citizens indicted on February 16, 2018, by the Department of Justice for undertaking unlawful activities against the United States;

(II) remove illegally stationed Russian troops and materiel from Ukraine’s autonomous Republic of Crimea and the city of Sevastopol;

(III) cease all material financial support for Russian proxies in Eastern Ukraine; and

(IV) cease all military or financial support to any state that uses or has used against its own civilian population any agent or substance banned by the Chemical Weapons Convention.

(2) WAIVER.—

(A) IN GENERAL.—The President may waive the application of paragraph (1) if the President determines that—

(i) the waiver is in the national security of the United States; and

(ii) the Russian Federation has taken clear and verifiable action to return to full and complete compliance with the Open Skies Treaty.

(B) LIMITATION ON DELEGATION.—The authority of the President under subparagraph (A) to waive the application of paragraph (1) may not be delegated.

(3) OPERATION OF OC-135 AIRCRAFT.—

(A) IN GENERAL.—It is the sense of Congress that—

(i) the United States continues to conduct observation flights under the Open Skies Treaty using OC-135 aircraft, a fleet now in its 57th year of service; and

(ii) advances in commercial surveillance technology have surpassed the value of aerial observation under the terms of the Open Skies Treaty and brings into questions the continued use of the OC-135 fleet for this purpose.

(B) REPORT.—

(i) IN GENERAL.—Not later than January 31, 2019, the Secretary of Defense shall submit to the appropriate congressional committees a report on the state of United States OC-135 aircraft with respect to airworthiness, safety of flight, and maintenance reliability. The report shall also include a recommendation as to the prospective date of retirement of the OC-135 fleet.

(ii) DEFINITION.—In this subparagraph, the term “appropriate congressional committees” means—

(I) the congressional defense committees; and

(II) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.

(C) SUSPENSION OF OPERATION OF OC-135 AIRCRAFT.—The Secretary of Defense is authorized to cease operation of United States OC-135 aircraft under the Open Skies Treaty if continued operation of these aircraft would impose undue risk to personnel or excessive cost.

(c) Form.—Each certification and report required under this section shall be submitted in unclassified form, but may contain a classified annex if necessary.

(d) Definitions.—Except as otherwise provided, in this section:

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means—

(A) the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and

(B) the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.

(2) CHEMICAL WEAPONS CONVENTION.—The term “Chemical Weapons Convention” means the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, entered into force on April 29, 1997.

(3) COVERED STATE PARTY.—The term “covered state party” means a foreign country that—

(A) is a state party to the Open Skies Treaty; and

(B) is a United States ally.

(4) INFRA-RED OR SYNTHETIC APERTURE RADAR SENSOR.—The term “infra-red or synthetic aperture radar sensor” means a sensor that is classified as—

(A) an infra-red line-scanning device under category C of paragraph 1 of Article IV of the Open Skies Treaty; or

(B) a sideways-looking synthetic aperture radar under category D of paragraph 1 of Article IV of the Open Skies Treaty.

(5) OBSERVATION FLIGHT.—The term “observation flight” has the meaning given such term in Article II of the Open Skies Treaty.

(6) OPEN SKIES TREATY; TREATY.—The term “Open Skies Treaty” or “Treaty” means the Treaty on Open Skies, done at Helsinki March 24, 1992, and entered into force January 1, 2002.

(7) RELEVANT UNITED STATES GOVERNMENT OFFICIALS.—The term “relevant United States Government officials” means the following:

(A) The Secretary of Energy.

(B) The Secretary of Homeland Security.

(C) The Director of the Federal Bureau of Investigation.

(D) The Director of National Intelligence.

(E) The Commander of U.S. Strategic Command and the Commander of U.S. Northern Command in the case of an observation flight over the territory of the United States.

(F) The Commander of U.S. European Command in the case of an observation flight other than an observation flight described in subparagraph (E).

(8) SENSOR.—The term “sensor” has the meaning given such term in Article II of the Open Skies Treaty.

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

(a) Findings.—Congress finds the following:

(1) James Mattis, Secretary of Defense, testified before the House Armed Services Committee on March 22, 2018, that “we have very modest expectations that they [Russia] would return to [INF] compliance. As a result, in the Nuclear Posture Review, we are looking for a way, at the lowest possible cost, to checkmate them and make it in their best interest to return to compliance.”.

(2) The Honorable Daniel Coats, Director of National Intelligence, testified before the Senate Armed Services Committee on March 6, 2018, that the Russian Federation is violating the INF Treaty because “Moscow probably believes that the new GLCM provides sufficient advantages that make it worth the risk of violating the INF Treaty.”.

(3) General Hyten, Commander of the United States Strategic Command, also testified before the Senate Armed Services Committee on March 20, 2018, about potential strategic advantages for China stemming from their lack of participation in the INF Treaty by saying that “they do not have any limitations in the INF [Treaty], and they have built significant numbers of intermediate-range ballistic missiles that if they were in the INF [Treaty], they would be contrary to the treaty”.

(4) General Joseph Dunford, Chairman of the Joint Chiefs of Staff, testified before the House Armed Services Committee on April 12, 2018, that “we’re not only looking for operational concepts and ways to deal with the Russian violation, but we’re also at least posturing ourselves to develop weapons should they be required”. Secretary of Defense Mattis also stated in that same hearing “our effort will be matched at State Department by movement on arms control and nonproliferation. There are two thrusts to our nuclear strategy…and that’s why those funds have been requested.”.

(b) Statement of policy.—It is the policy of the United States as follows:

(1) The actions undertaken by the Russian Federation in violation of the INF Treaty, including the flight-test, production, and possession of prohibited systems, have defeated the object and purpose of the INF Treaty, and thus constitute a material breach of the INF Treaty.

(2) In light of the Russian Federation’s material breach of the INF Treaty, the United States is legally entitled to suspend the operation of the INF Treaty in whole or in part for so long as the Russian Federation continues to be in material breach of the INF Treaty.

(3) For so long as the Russian Federation remains in noncompliance with the INF Treaty, the United States should take actions to encourage the Russian Federation to return to compliance with the INF Treaty, including by—

(A) providing additional funds for the capabilities identified in section 1243(d) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1062) and the Intermediate-Range Nuclear Forces Treaty Preservation Act of 2017 (Public Law 115–91; 131 Stat. 1671); and

(B) seeking additional missile defense assets in the European theater needed to fill military capability gaps to protect United States and NATO forces from ground-launched missile systems of the Russian Federation that are in noncompliance with the INF Treaty.

(c) Imposition of arms control sanctions.—

(1) IN GENERAL.—An amount equal to not less than 25 percent of the amount authorized to be appropriated or otherwise made available to the Department of Defense for fiscal year 2019 to provide support services to the Executive Office of the President, other than support services that are required for senior leader communications services, shall be withheld from obligation or expenditure until the date on which the President has submitted to the appropriate congressional committees the certification described in paragraph (2).

(2) CERTIFICATION DESCRIBED.—The certification described in this paragraph is a certification of the President that—

(A) each requirement of section 1290 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2555; 22 U.S.C. 2593e) has been fully implemented and is continuing to be fully implemented;

(B) the President has notified the appropriate congressional committees under such section 1290 of the imposition of measures described in subsection (c) of such section with respect to each person identified in a report under subsection (a) of such section, including a detailed description of the imposition of all such measures; and

(C) the President has submitted the report required by section 1244(c) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1674) (relating to report on plan to impose additional sanctions with respect to the Russian Federation).

(d) Definitions.—In this section:

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means—

(A) the Select Committee on Intelligence, the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and

(B) the Permanent Select Committee on Intelligence, the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives.

(2) INF TREATY.—The term “INF Treaty” means the Treaty between the United States of America and the Union of Soviet Socialist Republics on the Elimination of Their Intermediate-Range and Shorter-Range Missiles, signed at Washington December 8, 1987, and entered into force June 1, 1988.

(3) NEW START TREATY.—The term “New START Treaty” means the Treaty between the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation of Strategic Offensive Arms, signed at Prague April 8, 2010, and entered into force February 5, 2011.

(4) OPEN SKIES TREATY.—The term “Open Skies Treaty” means the Treaty on Open Skies, done at Helsinki March 24, 1992, and entered into force January 1, 2002.

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

Section 1250 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1068), as most recently amended by section 1234 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1659), is further amended—

(1) in subsection (c)—

(A) in paragraph (1), by striking “50 percent of the funds available for fiscal year 2018 pursuant to subsection (f)(3)” and inserting “50 percent of the funds available for fiscal year 2019 pursuant to subsection (f)(4)”;

(B) in paragraph (3), by striking “fiscal year 2018” and inserting “fiscal year 2019”; and

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

“(5) LETHAL ASSISTANCE.—Of the funds available for fiscal year 2019 pursuant to subsection (f)(4), $50,000,000 shall be available only for lethal assistance described in paragraphs (2) and (3) of subsection (b).”;

(2) in subsection (f), by adding at the end the following:

“(4) For fiscal year 2019, $250,000,000.”; and

(3) in subsection (h), by striking “December 31, 2020” and inserting “December 31, 2021” .

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

(a) Findings.—Congress finds the following:

(1) Both the 2017 National Security Strategy and the 2018 National Defense Strategy highlight the Russian Federation as a long-term strategic competitor to the United States.

(2) The Russian Federation uses a whole-of-society approach to influence and attempt to shape the information space, weaken American resolve and confidence in its democracy, and undermine the power and international standing of the United States.

(3) Through the National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291), the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92), the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328), and the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91), Congress has authorized, in total, approximately $9,800,000,000 for the European Reassurance Initiative, now the European Deterrence Initiative, to reassure partners and allies and build a credible deterrent and defense against the Russian Federation.

(b) Statement of policy.—It is the policy of the United States to develop, implement, and sustain a credible deterrent against aggression and long-term strategic competition by the Government of the Russian Federation in order to enhance regional and global security and stability, including by the following:

(1) Increased United States presence in Europe through additional permanently stationed forces, including logistics enablers and a combat aviation brigade.

(2) Continued United States presence in Europe through rotational forces.

(3) Increased United States pre-positioned military equipment, including munitions, logistics enablers, and a division headquarters.

(4) Sufficient and necessary infrastructure additions and improvements throughout Europe.

(5) Increased investment and prioritization to counter indirect action (such as information operations intended to influence), including sufficient cyber, counter-propaganda, and intelligence resources.

(6) Sufficient security cooperation resources and opportunities with partners and allies, including with member countries of the North Atlantic Treaty Organization.

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.

(a) Report on sanctioned persons relating to Russian Federation’s noted violation of the INF Treaty.—

(1) REPORT.—

(A) IN GENERAL.—Not later than 120 days after the date of enactment of this Act, the President shall submit to the appropriate congressional committees a report that contains a list of persons described in section 1290(a)(1) of the National Defense Authorization Act for Fiscal Year 2017 related to the Russian Federation’s noted violation of the INF Treaty, as noted in the 2016 Report on Adherence to and Compliance With Arms Control, Nonproliferation, and Disarmament Agreements and Commitments.

(B) FORM.—The report required by subparagraph (A) shall be provided in unclassified form, but may contain a classified annex.

(C) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this paragraph, the term “appropriate congressional committees” has the meaning given such term in section 1290(h) of the National Defense Authorization Act for Fiscal Year 2017.

(2) INF TREATY DEFINED.—In this subsection, the term “INF Treaty” means the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Elimination of Their Intermediate-Range and Shorter-Range Missiles, commonly referred to as the ‘‘Intermediate- Range Nuclear Forces (INF) Treaty’’, signed at Washington December 8, 1987, and entered into force June 1, 1988.

(b) Report on supply chains for Russian arms sales programs.—

(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report that contains the following:

(A) An analysis of the foreign and domestic supply chains in the Russian Federation that directly or indirectly significantly facilitates, supports, or otherwise aids the Government of the Russian Federation’s development, export, sale, or transfer of major defense equipment or advanced conventional weapons.

(B) A description of the geographic distribution of the foreign and domestic supply chains described in subparagraph (A), including sources of sophisticated goods, services, or technologies used for or by Russia for the development, export, sale, or transfer of such equipment or weapons.

(C) An assessment of the ability of the Russian Government to domestically manufacture or otherwise produce the goods, services, or technology necessary to support the development, export, sale, or transfer of such equipment or weapons.

(2) FORM.—The report required under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex.

(3) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this subsection, the term “appropriate congressional committees” means—

(A) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate; and

(B) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives.

(c) 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.—

(1) IDENTIFICATION.—

(A) IN GENERAL.—Not later than 60 days after the date of the submission of the report under subsection (b), and annually thereafter for 5 years, the President shall submit to the appropriate congressional committees a report that identifies each foreign person and each agency or instrumentality of a foreign state that the President determines is a foreign person or an agency or instrumentality of a foreign state described in subparagraph (B).

(B) FOREIGN PERSON OR AGENCY OR INSTRUMENTALITY OF A FOREIGN STATE DESCRIBED.—A foreign person or an agency or instrumentality of a foreign state described in this subparagraph is a foreign person or an agency or instrumentality of a foreign state that—

(i) knowingly sells, leases, or otherwise provides significant sophisticated goods, services, or technology, to any entities owned or controlled by the Government of the Russian Federation; or

(ii) engages in a significant transaction or transactions to sell, lease, or otherwise provide such sophisticated goods, services, or technologies, to entities beneficially owned by the Russian Federation,

if such activity under clause (i) or transaction under clause (ii) materially contributes to the ability of Russia to develop or produce major defense equipment or advanced conventional weapons.

(C) FORM.—The report required under subparagraph (A) shall be submitted in unclassified form, but may contain a classified annex.

(D) EXCEPTION.—

(i) IN GENERAL.—The President shall not be required to identify a foreign person or an agency or instrumentality of a foreign state in a report pursuant to subparagraph (A) if—

(I) the foreign person or the agency or instrumentality of a foreign state notifies the United States Government in advance that it proposes to engage in an activity under subparagraph (B)(i) or a transaction under subparagraph (B)(ii); and

(II) the President determines and notifies the appropriate congressional committees in classified form prior to the foreign person or agency or instrumentality of a foreign state engaging in the activity under subparagraph (B)(i) or transaction under subparagraph (B)(ii) that such activity or transaction is in the national interests of the United States.

(ii) NON-APPLICABILITY.—The exception under clause (i) shall not apply with respect to—

(I) an agency or instrumentality of a foreign state the government of which the Secretary of State determines has repeatedly provided support for acts of international terrorism pursuant to section 6(j) of the Export Administration Act of 1979 (as continued in effect pursuant to the International Emergency Economic Powers Act), section 40 of the Arms Export Control Act, section 620A of the Foreign Assistance Act of 1961, or any other relevant provision of law; or

(II) any activity under subparagraph (B)(i) or transaction under subparagraph (B)(ii) that involves, directly or indirectly, a foreign state described in subclause (I).

(2) SANCTIONS IMPOSED.—

(A) IN GENERAL.—Except as provided in subparagraph (C), not later than 180 days after the date of the submission of the report under subsection (b), and annually thereafter for 8 years, the President shall impose one or more of the sanctions described in subparagraph (B) with respect to any foreign person or agency or instrumentality of a foreign state identified pursuant to paragraph (1).

(B) SANCTIONS DESCRIBED.—The sanctions described in this subparagraph are the following:

(i) No sales of any defense articles, defense services, or design and construction services under the Arms Export Control Act (22 U.S.C. 2751 et seq.) may be made to the foreign person or agency or instrumentality of the foreign state.

(ii) No licenses for export of any item on the United States Munitions List that include the foreign person or agency or instrumentality of the foreign state as a party to the license may be granted.

(iii) No exports may be permitted to the foreign person or agency or instrumentality of the foreign state of any goods or technologies controlled for national security reasons under the Export Administration Regulations, except that such prohibition shall not apply to any transaction subject to the reporting requirements of title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.; relating to congressional oversight of intelligence activities).

(iv) (I) The President may exercise of all powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (except that the requirements of section 202 of such Act (50 U.S.C. 1701) shall not apply) to the extent necessary to block and prohibit all transactions in all property and interests in property of a foreign person or agency or instrumentality of the foreign state if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.

(II) (aa) The authority to impose sanctions under subclause (I) shall not include the authority to impose sanctions relating to the importation of goods.

(bb) In item (aa), the term “good” has the meaning given such term in section 16 of the Export Administration Act of 1979 (50 U.S.C. App. 2415) (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)).

(cc) The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of regulations promulgated under this section to carry out subclause (I) to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of that Act.

(dd) Except as provided in subparagraph (I), the President may exercise all authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) for purposes of carrying out subclause (I).

(C) EXCEPTIONS.—The President shall not be required to apply sanctions with respect to a foreign person or an agency or instrumentality of a foreign state identified pursuant to paragraph (1)—

(i) (I) if the President certifies to the appropriate congressional committees that the foreign person or agency or instrumentality of the foreign state—

(aa) is no longer carrying out activities or transactions for which the sanctions were imposed pursuant to this paragraph; or

(bb) has taken and is continuing to take significant verifiable steps toward terminating the activities or transactions for which the sanctions were imposed pursuant to this paragraph; and

(II) the President has received reliable assurances from the foreign person or the agency or instrumentality of the foreign state that it will not carry out any activities or transactions for which sanctions may be imposed pursuant to this paragraph in the future;

(ii) in the case of procurement of defense articles or defense services by the United States Government under existing contracts or subcontracts, including the exercise of options for production quantities to satisfy requirements essential to the national security of the United States, if the President determines in writing to the appropriate congressional committees that—

(I) the foreign person or agency or instrumentality of a foreign state to which the sanctions would otherwise be applied is a sole source supplier of the defense articles or services, that the defense articles or services are essential, and that alternative sources are not readily or reasonably available; and

(II) it is in the national interest and the President certifies such determination in writing to the appropriate congressional committees; or

(iii) if the President certifies in writing to the appropriate congressional committees that the identification of the foreign person or agency or instrumentality of a foreign state would impede the supply by any entity of the Russian Federation of a product or service, or the procurement of such product or service, by the Government of the United States—

(I) for purposes of civil aviation safety; or

(II) in connection with any space launch conducted for the Government of the United States.

(3) WAIVER.—The President may waive the application of paragraph (2) for renewable periods not to exceed 180 days with respect to a foreign person or foreign persons, or agency or instrumentality of a foreign state, if the President—

(A) determines that the waiver is important to the national security of the United States; and

(B) before the waiver takes effect, briefs the appropriate congressional committees on the waiver and the reason for the waiver.

(4) DEFINITIONS.—In this subsection:

(A) ADVANCED CONVENTIONAL WEAPONS.—The term “advanced conventional weapons” includes—

(i) such long-range precision-guided munitions, fuel air explosives, cruise missiles, low observability aircraft, other radar evading aircraft, advanced military aircraft, military satellites, electromagnetic weapons, and laser weapons that the President determines enhance offensive capabilities in destabilizing ways;

(ii) such advanced command, control, and communications systems, electronic warfare systems, or intelligence collection systems that the President determines enhance offensive capabilities in destabilizing ways;

(iii) the S–300 and S–400 missile defense systems and air superiority fighters; and

(iv) such other items or systems as the President may, by regulation, determine necessary for purposes of this subsection.

(B) AGENCY OR INSTRUMENTALITY OF A FOREIGN STATE.—The term “agency or instrumentality of a foreign state” has the meaning given such term in section 1603(b) of title 28, United States Code.

(C) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means—

(i) the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Finance of the Senate; and

(ii) the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Financial Services, and the Committee on Ways and Means of the House of Representatives.

(D) FOREIGN PERSON.—The term “foreign person” means—

(i) an individual who is not a United States person; or

(ii) a corporation, partnership, or other nongovernmental entity which is not a United States person.

(E) MAJOR DEFENSE EQUIPMENT.—The term “major defense equipment” has the meaning given such term under section 120.8 of title 22, Code of Federal Regulations (as in effect on the date of the enactment of this Act).

(F) PERSON.—The term “person” means—

(i) a natural person;

(ii) a corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and

(iii) any successor to any entity described in clause (ii).

(G) UNITED STATES PERSON.—The term “United States person” means—

(i) a United States citizen or an alien lawfully admitted for permanent residence to the United States;

(ii) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity; or

(iii) any person in the United States.

(5) DETERMINATION OF SOPHISTICATED.—The Secretary of State, with the concurrence of the Secretary of Defense and in coordination with the heads of other relevant Federal agencies, shall promulgate regulations to determine if a good, service, or technology is sophisticated for purposes of this section.

(6) DETERMINATION OF BENEFICIAL OWNERSHIP.—Not later than 90 days after the date of the enactment of this Act, the President shall promulgate regulations for determining beneficial ownership of an entity described in paragraph (1)(B)(ii) to be less than fifty percent ownership.

(7) COOPERATION.—The Secretary of State shall seek to consult and cooperate with United States allies and partners to impose sanctions as required under this subsection and to maximize the effect of these sanctions.

(8) EFFECTIVE DATE.—This subsection takes effect on the date of the enactment of this Act and applies with respect to activities and transactions described in paragraph (1) that are carried out on or after such date of enactment.

(d) Additional measures for the purchase of certain defense articles or defense services from Russia.—

(1) IN GENERAL.—In the case of an agency or instrumentality of the Islamic Republic of Iran or of any other state sponsor of terrorism that engages in the activities described in paragraph (2), the President shall, pursuant to section 6 of the Export Administration Act of 1979 (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)), require a license under the Export Administration Regulations to export, re-export, or transfer to that foreign state, or specific sectors of that foreign state, any item subject to the Export Administration Regulations other than food, medicine, or medical devices.

(2) ACTIVITIES DESCRIBED.—The activities described in this paragraph are the purchase, lease, or acquisition, on or after March 6, 2014, of major defense equipment or advanced conventional weapons from the Russian Federation.

(3) SUSPENSION OF APPLICATION.—The President may suspend the application of the measures described in paragraph (1) for renewable periods not to exceed 180 days if the President determines and reports to the appropriate congressional committees that it is in the national security interest of the United States to do so.

(4) RULE OF CONSTRUCTION.—Nothing in this subsection shall be construed to apply to reexports of foreign manufactured items by non-United States persons that contain less than 10 percent United States-origin content, or previously licensed exports, reexports, or transfers.

(5) DEFINITIONS.—In this subsection:

(A) ADVANCED CONVENTIONAL WEAPONS.—The term “advanced conventional weapons” has the meaning given such term in subsection (c).

(B) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.

(C) EXPORT ADMINISTRATION REGULATIONS.—The term “Export Administration Regulations” means subchapter C of chapter VII of title 15, Code of Federal Regulations (as in effect on the date of the enactment of this Act).

(D) MAJOR DEFENSE EQUIPMENT.—The term “major defense equipment” has the meaning given such term in subsection (c).

(E) STATE SPONSOR OF TERRORISM.—The term “state sponsor of terrorism” means a country the government of which the Secretary of State determines has repeatedly provided support for acts of international terrorism pursuant to section 6(j) of the Export Administration Act of 1979 (as continued in effect pursuant to the International Emergency Economic Powers Act), section 40 of the Arms Export Control Act, section 620A of the Foreign Assistance Act of 1961, or any other relevant provision of law.

(6) EFFECTIVE DATE.—The licensing requirement under paragraph (1) shall take effect not later than 90 days after the date of the enactment of this Act.

(e) Special rule to allow for termination of sanctions with respect to persons engaging in transactions with the intelligence or defense sectors of the Government of the Russian Federation.—Section 231 of the Countering America’s Adversaries Through Sanctions Act (Public Law 115–44; 22 U.S.C. 9525) is amended—

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

(2) by inserting after subsection (c), as amended, the following new subsection:

“(d) Special rule to allow for termination of sanctionable activity.—

“(1) CERTIFICATION.—The President shall not be required to apply sanctions to a person described in subsection (a) for renewable periods not to exceed 180 days with respect to the person if the President certifies in writing to the appropriate congressional committees that—

“(A) the person—

“(i) is no longer engaging in the activity described in subsection (a);

“(ii) has taken and is continuing to take significant verifiable steps toward terminating the activity described in that subsection; or

“(iii) has agreed to reduce reliance upon Russian defense or intelligence sectors of the Government of the Russian Federation trade over a specified period;

“(B) the person is taking specified actions to further the enforcement of this section; and

“(C) the President has received reliable assurances from the government with primary jurisdiction over the person that the person will not engage in any activity described in subsection (a) in the future outside of the parameters of any actions specified in subparagraph (A)(ii) or (iii) of such certification.

“(2) FORM.—The certification described in paragraph (1) shall be transmitted in an unclassified form, and may contain a classified annex.”.

(f) Exception relating to importation of goods.—No provision affecting sanctions under this section or an amendment made by this section shall apply to any portion of a sanction that affects the importation of goods.

(g) Termination.—This section, including the authority to impose sanctions under this section and any sanctions so imposed, and any amendment made by this section shall terminate on the date that is 5 years after the date of the enactment of this Act.

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

Section 1232(a) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2488), as amended by section 1231 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91), is further amended by striking “or 2018” and inserting “, 2018, or 2019”.

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

(a) Findings.—Congress finds the following:

(1) The United States ratified the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, known as the “Chemical Weapons Convention”, on April 24, 1997.

(2) The Russian Federation ratified the Chemical Weapons Convention on November 5, 1997.

(3) Article 1 of the Chemical Weapons Convention requires all signatories to “never under any circumstances * * * use chemical weapons”.

(4) Russia’s stock of chemical weapons has been implicated in the assassination or injuries of the following individuals:

(A) Sergei Skripal, Yulia Skripal, and Wiltshire Police Detective Sergeant Nicholas Bailey, poisoned using the nerve agent “novichok” in Salisbury, England, in March 2018.

(B) Alexander Litvinenko, poisoned using polonium, in London, England, in November 2006, about whose death a January 2016 inquest ordered by the British Parliament concluded “the FSB operation to kill Mr Litvinenko was probably approved by Mr Patrushev [then-director of the FSB] and also by President Putin”.

(5) Russia has also demonstrated its disregard for the obligations imposed by the Chemical Weapons Convention by—

(A) continuing to provide military and diplomatic support for Syrian President Bashar al-Assad, who has used chemical weapons including chlorine gas and sarin against Syrian citizens;

(B) actively working to hinder the efforts of inspectors of the Organization for the Prohibition of Chemical Weapons in Syria; and

(C) consistently using its veto power at the United Nations Security Council to prevent effective international action against Assad for such activities.

(6) The Condition 10(C) Report on Compliance with the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction published by the Department of State in March 2018 asserts that “Based on available information, the United States cannot certify that Russia has met its obligations under the Chemical Weapons Convention for declaration of its: (1) [chemical weapons production facilities]; (2) [chemical weapons] development facilities; and (3) [chemical weapons] stockpiles. In fact, due to Russia’s March 4, 2018, use of a military-grade nerve agent to attack two individuals in the United Kingdom, the United States certifies that the Russian Federation is in non-compliance with its obligations under the [Chemical Weapons Convention].”.

(b) Sense of Congress.—It is the sense of Congress that the Russia’s actions constitute violations of Russia’s obligations under the Chemical Weapons Convention.

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

(a) United States actions.—If the President does not certify to the appropriate congressional committees that the Russian Federation has returned to full and verifiable compliance with the INF Treaty within one year of the date of the enactment of this Act, the prohibitions set forth in Article VI of the INF Treaty shall no longer be binding on the United States as a matter of United States law.

(b) Definitions.—In this section:

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means—

(A) the congressional defense committees; and

(B) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.

(2) INF TREATY.—The term “INF Treaty” means the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Elimination of Their Intermediate-Range and Shorter-Range Missiles, commonly referred to as the “Intermediate-Range Nuclear Forces (INF) Treaty”, signed at Washington December 8, 1987, and entered into force June 1, 1988.

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

(a) Findings.—Congress finds the following:

(1) The New START Treaty provides that, “[w]hen a Party believes that a new kind of strategic offensive arm is emerging, that Party shall have the right to raise the question of such a strategic offensive arm for consideration in the Bilateral Consultative Commission”.

(2) Russian Federation President Vladimir Putin stated in a March 1, 2018, public speech that—

(A) “I will speak about the newest systems of Russian strategic weapons that we are creating * * * we have embarked on the development of the next generation of missiles.”;

(B) “We started to develop new types of strategic arms that do not use ballistic trajectories at all when moving toward a target.”;

(C) “One of them is a small-scale heavy-duty nuclear energy unit that can be installed in a missile like our latest X-101 air-launched missile * * * In late 2017, Russia successfully launched its latest nuclear-powered missile at the central training ground. During its flight, the nuclear-powered engine reached its design capacity and provided the necessary propulsion.”;

(D) “[i]n December 2017, an innovative nuclear power unit for this unmanned underwater vehicle completed a test cycle that lasted many years * * * [t]he tests that were conducted enabled us to begin developing a new type of strategic weapon that would carry massive nuclear ordnance”;

(E) “[b]y the way, we have yet to choose names for these two new strategic weapons, the global range cruise missile and the unmanned underwater vehicle. We are waiting for suggestions from the Defence Ministry”;

(F) “A real technological breakthrough is the development of a strategic missile system with fundamentally new combat equipment—a gliding wing unit, which has also been successfully tested * * * [w]e called it the Avangard”; and

(G) “I want to specifically emphasise that the newly developed strategic arms—in fact, new types of strategic weapons—are not the result of something left over from the Soviet Union. Of course, we relied on some ideas from our ingenious predecessors. But everything I have described today is the result of the last several years, the product of dozens of research organisations, design bureaus and institute.”.

(3) During the House Armed Services Committee hearing on April 12, 2018, Secretary of Defense James Mattis was asked whether Russia should honor the terms of the treaty and limit its new strategic offensive arms under the New START Treaty as it requires and he stated “Sir, I believe they should.”.

(b) Limitation.—None of the funds authorized to be appropriated or otherwise made available for fiscal year 2019 for the Department of Defense may be obligated or expended to extend the implementation of the New START Treaty unless and until the President—

(1) certifies to the appropriate congressional committees that—

(A) the President has raised the issue of covered Russian systems in the appropriate fora with the Russian Federation under Article V of the New START Treaty or otherwise; and

(B) the Russian Federation has responded in writing to the United States as to whether they will agree to declare the covered Russian systems as strategic offensive arms or otherwise pursuant to the New START Treaty;

(2) submits a copy of the written response of the Russian Federation described in paragraph (1)(B) to the appropriate congressional committees; and

(3) notifies the appropriate congressional committees as to whether the position of the Russian Federation threatens the viability of the New START Treaty or requires appropriate United States political, economic, or military responses.

(c) Definitions.—In this section:

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means—

(A) the congressional defense committees; and

(B) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.

(2) COVERED RUSSIAN SYSTEMS.—The term “covered Russian systems” means the following:

(A) The heavy intercontinental missile system known as “Sarmat” or otherwise identified.

(B) An air-launched nuclear-powered cruise missile known as “X-101” or otherwise identified.

(C) An unmanned underwater vehicle known as “Status 6” or otherwise identified.

(D) The long-distance guided flight hypersonic weapons system known by “Avanguard” or otherwise identified.

(3) NEW START TREATY.—The term “New START Treaty” means the Treaty between the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation of Strategic Offensive Arms, signed at Prague April 8, 2010, and entered into force February 5, 2011.

SEC. 1241. Report on Kremlin-linked corruption.

(a) Sense of Congress.—It is the sense of Congress that—

(1) the intelligence community should dedicate resources to further expose key networks which the corrupt political class in Russia uses to hide the money it steals; and

(2) the President should pursue efforts to stifle Russian use of hidden financial channels, including anonymous shell companies and real estate investments, in a manner similar to the efforts undertaken to tighten banking regulations after the terrorist attacks on September 11, 2001.

(b) Report.—Not later than 60 days after the date of the enactment of this Act, the Secretary of the Treasury, in coordination with the Secretary of State and in consultation with the Director of National Intelligence, shall submit a report to Congress on assets owned by Vladimir Putin, Russian oligarchs, and senior officials of the Russian Government, including—

(1) with respect to bank accounts, real estate holdings, and other financial assets, including those outside of Russia, that are owned by or accessible to Putin—

(A) the location of such accounts, holdings, or assets; and

(B) the contents of such accounts or the amount held through such holdings or assets;

(2) the location, size, and contents of any assets of any oligarch listed pursuant to section 241 of the Countering America’s Adversaries Through Sanctions Act (Public Law 115–44; 131 Stat. 922); and

(3) any “front” or shell companies, or other intermediaries, used by senior officials of the Russian Government to hide assets from public disclosure.

(c) Form.—The report required under subsection (b) shall be submitted in classified form.

(d) Reasonable attempt to issue unclassified report.—Not later than 60 days after the date of the submission of the report required under subsection (b), the Secretary of the Treasury shall—

(1) publish an unclassified version of such report on a publicly available website of the Department of the Treasury; or

(2) submit a notification to Congress describing the reasons for which the Secretary has determined that such release is not possible.

SEC. 1242. Report on Russia’s support for the Taliban and other destabilizing activities in Afghanistan.

The Secretary of State and the Secretary of Defense shall jointly submit to the congressional defense committees and the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations a report on Russia’s support for the Taliban and other destabilizing activities in Afghanistan.

subtitle EMatters relating to the Indo-Pacific region

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

(a) Sense of Congress.—It is the sense of Congress that—

(1) the Initiative established pursuant to subsection (b) of section 1251 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1676) bolsters the efforts of the United States and its allies and partners in the Indo-Pacific region to deter aggression by providing resources to—

(A) increase the presence and capabilities and enhance the posture of the United States Armed Forces in the region;

(B) improve military and defense infrastructure, basing, logistics, and access in the Indo-Pacific region in order to enhance the responsiveness and capabilities of the United States Armed Forces; and

(C) increase bilateral and multilateral training and exercises with regional allies and partners; and

(2) the United States should develop a multi-year strategic plan that specifies resource priorities to meet the objectives and the activities of the Initiative described in subsection (c) of such section 1251.

(b) Requirement and resource plan.—Not later than March 1, 2019, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the appropriate congressional committees a requirement and resource plan that includes the following:

(1) An analysis of the challenges faced by the United States to meet the objectives and activities outlined in subsection (c) of such section 1251.

(2) The plan, resource requirements, and any additional authorities needed through fiscal year 2024 to address such challenges.

(c) Form.—The report required by subsection (b) shall be submitted in unclassified form but may include a classified annex.

(d) Inclusion in budget materials.—The Secretary of Defense shall also include the requirement and resource plan required by subsection (b) in the budget materials submitted by the Secretary in support of the budget of the President for fiscal year 2020 (submitted to Congress pursuant to section 1105 of title 31, United States Code).

(e) Conforming amendment.—Section 1251 of the National Defense Authorization Act for Fiscal Year 2018 is amended by striking “Indo-Asia-Pacific” and inserting “Indo-Pacific” each place it appears.

(f) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means—

(1) the congressional defense committees; and

(2) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.

SEC. 1252. United States strategy on China.

(a) Findings.—Congress finds the following:

(1) The United States has a national strategic interest in ensuring that the United States maintains political, diplomatic, economic, military, and technological advantages over competitive adversaries.

(2) The 2018 National Defense Strategy states that “the central challenge to the U.S. prosperity and security is the reemergence of long-term, strategic competition by what the National Security Strategy classifies as revisionist powers. It is increasingly clear that China and Russia want to shape a world consistent with their authoritarian model—gaining veto authority over other nations’ economic, diplomatic, and security decisions”.

(3) The 2018 National Defense Strategy further states that “China is leveraging military modernization, influence operations, and predatory economics to coerce neighboring countries to reorder the Indo-Pacific region to their advantage. As China continues its economic and military ascendance, asserting power through an all-of-nation long term strategy, it will continue to pursue a military modernization program that seeks Indo-Pacific regional hegemony in the near-term and displacement of the United States to achieve global preeminence in the future”.

(4) Statements by officials of the United States and leading experts have emphasized that the United States requires a whole-of-government response, across the full spectrum of capabilities, to address the challenges posed by China.

(b) Statement of policy.—Congress declares that long-term strategic competition with China is a principal priority for the United States that requires the integration of multiple elements of national power, including diplomatic, economic, intelligence, law enforcement, and military elements, to protect and strengthen national security.

(c) Strategy required.—

(1) IN GENERAL.—Not later than March 1, 2019, the President shall submit to the appropriate congressional committees a report containing a whole-of-government strategy with respect to the People’s Republic of China.

(2) ELEMENTS OF STRATEGY.—The strategy required by paragraph (1) shall include the following:

(A) Strategic assessments of and planned responses to address the following activities by the Chinese Communist Party:

(i) The use of political influence, information operations, censorship, and propaganda to undermine democratic institutions and processes, and the freedoms of speech, expression, press, and academic thought.

(ii) The use of intelligence networks to exploit open research and development.

(iii) The use of economic tools, including market access and investment to gain access to sensitive United States industries.

(iv) Malicious cyber activities.

(v) The use of investment, infrastructure, and development projects, such as China’s Belt and Road Initiative, in Africa, Europe, Central Asia, South America, and the Indo-Pacific region, and the Polar Silk Road in the Arctic, as a means to gain access and influence.

(vi) The use of military activities, capabilities, and defense installations, and hybrid warfare methods, short of traditional armed conflict, against the United States or its allies and partners.

(vii) The abuse of employment and student visa programs to enter the United States in order to conduct political, academic, or social influence efforts, or for the purposes of establishing Chinese Communist Party cells or other entities under the control or coordination of the Chinese Communist Party.

(viii) The Chinese Communist Party’s coercion or intimidation of Chinese nationals studying or working in the United States or outside China.

(B) Available or planned methods to enhance strategic communication to counter Chinese influence and promote United States interests.

(C) An identification of the key diplomatic, development, intelligence, military, and economic resources necessary to implement the strategy.

(D) A plan to maximize the coordination and effectiveness of such resources to counter the threats posed by the activities described in subparagraph (A).

(E) Available or planned interagency mechanisms for the coordination and implementation of the strategy.

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

(4) ANNUAL BUDGET SUBMISSION.—The President shall ensure that the annual budget submitted to Congress pursuant to section 1105 of title 31, United States Code, clearly highlights the programs and projects proposed to be funded that relate to the strategy required by paragraph (1).

(5) APPROPRIATE CONGRESSIONAL COMMITTEES.—In this section, the term “appropriage congressional committees” means—

(A) the Committee on Armed Services, the Committee on Foreign Relations, the Select Committee on Intelligence, the Committee on Finance, the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, the Committee on Commerce, Science, and Transportation, and the Committee on the Budget of the Senate; and

(B) the Committee on Armed Services, the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, the Committee on Financial Services, the Committee on Homeland Security, the Committee on the Judiciary, the Committee on Energy and Commerce, and the Committee on the Budget of the House of Representatives.

SEC. 1253. Strengthening Taiwan’s force readiness.

(a) Defense assessment.—The Secretary of Defense shall, in consultation with appropriate counterparts of Taiwan, conduct a comprehensive assessment of Taiwan’s military forces, particularly Taiwan’s reserves. The assessment shall provide recommendations to improve the efficiency, effectiveness, readiness, and resilience of Taiwan’s self-defense capability in the following areas:

(1) Personnel management and force development, particularly reserve forces.

(2) Recruitment, training, and military programs.

(3) Command, control, communications and intelligence.

(4) Technology research and development.

(5) Defense article procurement and logistics.

(6) Strategic planning and resource management.

(b) Report required.—

(1) IN GENERAL.—Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the appropriate congressional committees a report containing each of the following:

(A) A summary of the assessment conducted pursuant to subsection (a).

(B) A list of any recommendations resulting from such assessment.

(C) A plan for the United States, including by using appropriate security cooperation authorities, to—

(i) facilitate any relevant recommendations from such list;

(ii) expand senior military-to-military engagement and joint training by the United States Armed Forces with the military of Taiwan; and

(iii) support United States foreign military sales and other equipment transfers to Taiwan, particularly for developing asymmetric warfare capabilities.

(2) APPROPRIATE SECURITY COOPERATION AUTHORITIES.—For purposes of the plan described in paragraph (1)(C), the term “appropriate security cooperation authorities” means—

(A) section 311 of title 10, United States Code (relating to exchange of defense personnel);

(B) section 332 such title (relating to defense institution building); and

(C) other security cooperation authorities under chapter 16 of such title.

(3) APPROPRIATE CONGRESSIONAL COMMITTEES.—In this subsection, the term “appropriate congressional committees” means—

(A) the congressional defense committees; and

(B) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.

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

(a) Modification and redesignation.—

(1) IN GENERAL.—Subsection (a) of section 1263 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1073; 10 U.S.C. 2282 note), as amended by section 1289 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2555), is further amended—

(A) in paragraph (1), by striking “South China Sea” and inserting “South China Sea and Indian Ocean”; and

(B) in paragraph (2), by striking “the ‘Southeast Asia Maritime Security Initiative’” and inserting “the ‘Indo-Pacific Maritime Security Initiative’”.

(2) CONFORMING AMENDMENT.—The heading of such section is amended to read as follows:


“Sec. 1263. Indo-Pacific Maritime Security Initiative.”.

(b) Covered countries.—Subsection (e)(2) of such section is amended by adding at the end the following:

“(D) India.”.

(c) Designation of additional countries.—Such section is further amended—

(1) in subsection (e)(1), by striking “subsection (f)” and inserting “subsection (g)”;

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

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

“(f) Inclusion of additional countries.—The Secretary of Defense, with the concurrence of the Secretary of State, is authorized to include additional foreign countries under subsection (b) for purposes of providing assistance and training under subsection (a) and additional foreign countries under subsection (e)(2) for purposes of providing payment of incremental expenses in connection with training described in subsection (a)(1)(B) if, with respect to each such additional foreign country, the Secretary determines and certifies to the appropriate committees of Congress that it is important for increasing maritime security and maritime domain awareness in the Indo-Pacific region.”.

(d) Extension.—Subsection (i) of such section, as redesignated, is amended by striking “September 30, 2020” and inserting “September 30, 2023”.

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

(a) Findings.—Congress finds the following:

(1) The Democratic People’s Republic of Korea (North Korea) continues to develop, test, and threaten the use of intercontinental ballistic missiles and nuclear weapons that threaten the United States and United States allies and partners.

(2) The People’s Republic of China and the Russian Federation continue to develop and deploy advanced counter-intervention technologies, including fielding and testing highly maneuverable reentry vehicles and warheads (such as hypersonic weapons), and cruise missiles and small-unmanned aircraft systems (UAS) that challenge United States strategic, operational, and tactical freedom of movement and maneuver.

(b) Sense of Congress.—It is the sense of Congress that the United States should—

(1) continue to develop and deploy a robust missile defense in the Indo-Pacific region;

(2) increase the capacity of interceptors, sensors, and operational concepts in the region;

(3) continue bilateral and multilateral operationally realistic missile defense exercises in the region;

(4) increase coordination with United States regional allies and partners, including Japan, South Korea, Australia, India, and other countries, as appropriate;

(5) begin planning for military exercises in 2020 with United States regional allies and partners that is specifically focused on interoperability;

(6) integrate radar information from United States and allied Patriot, Terminal High Altitude Area Defense, Aegis, and other systems for region-wide command and control capabilities;

(7) increase the capacity of United States allies and partners through foreign military sales;

(8) seek increased areas of co-production for components of missile defense systems; and

(9) develop new capabilities to address threats to the region.

(c) Missile defense exercises in the Indo-Pacific region.—The Secretary of Defense may conduct missile defense exercises in the Indo-Pacific region with United States regional allies and partners to improve interoperability.

(d) Briefing.—Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the appropriate congressional committees a briefing on plans for missile defense exercises as described in subsection (c).

(e) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means—

(1) the congressional defense committees; and

(2) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.

SEC. 1256. Quadrilateral cooperation and exercise.

(a) Sense of Congress.—It is the sense of Congress that the United States, Japan, India, and Australia should—

(1) promote security and stability in the Indo-Pacific region;

(2) increase quadrilateral meetings to discuss and strengthen interoperability of their respective military and naval forces;

(3) plan joint quadrilateral military patrols and exercises;

(4) promote the values of a free and open Indo-Pacific region and address themes such as respect for international law, maritime security, nonproliferation, and terrorism in the region;

(5) explore joint regional infrastructure initiatives in the region;

(6) engage in maritime capacity building among smaller Indo-Pacific countries;

(7) develop new capabilities to deter and defend against threats to the region; and

(8) support regional institutions and bodies, including the Association of Southeast Asian Nations Regional Forum, to increase regional cooperation with respect to maritime security and domain awareness and to promote internationally accepted rules and norms.

(b) Exercise.—The Secretary of Defense may conduct a quadrilateral naval military exercise.

(c) Briefing.—Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the appropriate congressional committees a briefing on the matters contained in this section.

(d) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means—

(1) the congressional defense committees; and

(2) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.

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

(a) In general.—The combatant command known as the United States Pacific Command shall, beginning on January 1, 2020, be known as the “United States Indo-Pacific Command”. Any reference to such combatant command in any law, regulation, map, document, record, or other paper of the United States shall be considered to be a reference to the United States Indo-Pacific Command.

(b) Conforming amendments.—

(1) ANNUAL REPORT ON NON-FEDERALIZED SERVICE NATIONAL GUARD PERSONNEL, TRAINING, AND EQUIPMENT REQUIREMENTS.—Section 10504 of title 10, United States Code, as amended by section 1071(a)(31), is further amended in subsection (c), as redesignated by such section, in paragraph (3)(H) by striking “United States Pacific Command” and inserting “United States Indo-Pacific Command”.

(2) CONTRACTING WITH THE ENEMY.—Section 843(4) 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. 2302 note) is amended by striking “United States Pacific Command” and inserting “United States Indo-Pacific Command”.

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

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall—

(1) evaluate the operational requirements for members of the Armed Forces possessing foreign language expertise in critical East Asian languages, including Chinese, Korean, and Russian; and

(2) submit to the congressional defense committees a plan to address any shortfalls in these critical areas.

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

Subsection (a)(2) of section 1292 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2559; 22 U.S.C. 2751 note) is amended—

(1) by striking “Not later than” and inserting the following:

“(1) IN GENERAL.—Not later than”;

(2) by striking “The report shall also include a forward-looking strategy” and inserting the following:

“(2) CONTENTS.—The report shall also include—

“(A) a forward-looking strategy”;

(3) by striking the period at the end and inserting a semicolon; and

(4) by adding at the end the following:

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

It shall be the policy of the United States to support maritime defense cooperation with Japan, including through the transfer of excess United States naval vessels to the Japanese Maritime Self-Defense Force. Such transfers should include capabilities such as those represented by the Tarawa class amphibious assault ship, the Austin class amphibious transport dock, and the Charleston class amphibious cargo ship.

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

(a) Sense of Congress.—It is the sense of Congress that greater transparency of China’s provocative military, maritime, and air activities in the Indo-Pacific region would—

(1) aid in raising awareness of these activities in regional and international forums;

(2) enable regional security partners to more effectively protect their sovereignty and defend their rights under international law; and

(3) maintain stability within the region to enable constructive relations with China.

(b) Report.—

(1) IN GENERAL.—The Secretary of Defense, in consultation with the Director of National Intelligence and the Secretary of State, shall submit to the appropriate congressional committees on a quarterly basis a report describing China’s provocative military, maritime, and air activities in the Indo-Pacific region.

(2) ELEMENTS.—The report shall, at minimum, address China’s provocative military, maritime, and air activities, military deployments, and operations and infrastructure construction in the East China Sea, South China Sea, Taiwan Strait, and Indian Ocean.

(3) DISSEMINATION TO REGIONAL ALLIES.—The report shall be disseminated to regional allies and partners, as appropriate, in the Indo-Pacific region.

(4) IMAGERY AND SUPPORTING ANALYSIS.—The report may include imagery from military aircraft and other sources with supporting analysis to describe China’s provocative maritime and air activities.

(5) FORM.—The report shall be available to the public and shall be submitted or carried out in unclassified form.

(c) Public notification.—

(1) IN GENERAL.—The Secretary of Defense, in consultation with the Director of National Intelligence and the Secretary of State, shall provide notice to the public of any activities described in paragraph (2) immediately after the initiation of any such activities.

(2) ACTIVITIES DESCRIBED.—The activities described in this paragraph are any significant destabilizing or deceptive activities of China, including reclamation or militarization activity in the Indo-Pacific region, use of military, government, or commercial aircraft or maritime vessels to intimidate regional neighbors.

(3) WRITTEN SUMMARY.—As soon as practicable after the notification to the public under paragraph (1) of any activities described in paragraph (2), the Secretary of Defense shall distribute to the appropriate congressional committees and United States allies and security partners in the Indo-Pacific region a written summary to include imagery and supporting analysis describing such activities.

(d) Requirements relating to national security and protection of classified national security information.—The dissemination and availability of the report under subsection (b) and the notification to the public under subsection (c) shall be made in a manner consistent with national security and the protection of classified national security information.

(e) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means—

(1) the congressional defense committees; and

(2) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate and the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives.

SEC. 1262. Senior defense engagement with Taiwan.

(a) Finding.—The Taiwan Travel Act (Public Law 115–135; 132 Stat. 341) states that it should be the policy of the United States to allow officials at all levels of the United States government, including Cabinet-level national security officials, general officers, and other executive branch officials, to travel to Taiwan to meet their Taiwan counterparts.

(b) Sense of Congress.—Pursuant to the policy described in the Taiwan Travel Act, the Secretary of Defense should send a Secretary of a military department or a member of the Joint Chiefs of Staff to Taiwan for the purpose of senior-level defense engagement.

(c) Briefing.—Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State, shall brief the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives on any plans of the Department to carry out senior-level defense engagement.

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.

None of the funds authorized to be appropriated by this Act may be used to reduce the total number of members of the Armed Forces serving on active duty who are deployed to the Republic of Korea below 22,000 unless the Secretary of Defense first certifies to the congressional defense committees that such a reduction is in the national security interest of the United States and will not significantly undermine the security of United States allies in the region.

SEC. 1264. Enhancing missile defense cooperation with partners.

(a) Sense of Congress.—It is the sense of Congress that the Secretary of Defense should seek opportunities to increase defense coordination and cooperation with United States partners with respect to missile defense.

(b) Modification of defense cooperation authority with India.—Section 1292(a)(1) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2559; 22 U.S.C. 2751 note), as amended by section 1258(a) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1683), is further amended—

(1) in subparagraph (K), by striking “and” at the end;

(2) in subparagraph (L), by striking the period at the end and inserting “; and”; and

(3) by adding at the end the following new subparagraph:

“(M) develop closer defense cooperation with India on matters relating to missile defense.”.

SEC. 1265. Reinstatement of reporting requirements with respect to United States-Hong Kong relations.

Section 301 of the United States-Hong Kong Policy Act of 1992 (22 U.S.C. 5731) is amended—

(1) in the matter preceding paragraph (1)—

(A) by striking “Not later than” and inserting “(a) In general.— Not later than”;

(B) by striking “March 31, 1993” and all that follows through “March 31, 2006” and inserting “March 31, 2019, and annually thereafter through 2024”; and

(C) by striking “the Speaker of the House of Representatives” and inserting “the chair of the Committee on Foreign Affairs of the House of Representatives”; and

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

“(b) Form.—The report required by subsection (a) shall be submitted in unclassified form and shall be published on a publicly available website of the Department of State.”.

SEC. 1266. Report on North Korea.

(a) In general.—Not later than 120 days after the date of the enactment of this Act, the Secretary of State, in consultation with the heads of other relevant Federal departments and agencies, shall submit to the appropriate congressional committees a report that includes a description of any ongoing or planned efforts of the Department of State with respect to each of the following:

(1) Resuming the repatriation from North Korea of members of the United States Armed Forces missing or unaccounted for during the Korean War.

(2) Reuniting Korean Americans with their relatives in North Korea.

(3) Assessing the security risks posed by travel to North Korea for United States citizens.

(b) Form.—The report required under subsection (a) shall be submitted in unclassified form.

(c) Appropriate congressional committees.—In this section, the term “appropriate congressional committees” means—

(1) the congressional defense committees; and

(2) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.

SEC. 1267. Rule of construction regarding use of force against North Korea.

Nothing in this Act may be construed as authorizing the use of force against North Korea.

SEC. 1268. Review of controlled items with respect to China.

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report listing each technology included on the Commerce Control List maintained under Supplement No. 1 to part 774 of the Export Administration Regulations (subchapter C of chapter VII of title 15, Code of Federal Regulations) and exempted for export to China, and each item removed from such List, designated as “EAR99” by the Bureau of Industry and Security, and exported to China, during the 15-year period ending on such date of enactment that the Secretary determines currently poses an unacceptable national security risk.

SEC. 1269. Humanitarian assistance and disaster relief exercises conducted by the Department of Defense in the Indo-Pacific region.

(a) Findings.—Congress finds the following:

(1) The Indo-Pacific region is home to over 60 percent of the world’s population and is prone to natural disasters particularly due to its proximity to a geological vulnerable region.

(2) The multilateral Pacific Partnership exercise, first conducted in 2006 in response to the humanitarian and disaster relief operations for the December 2004 Indian Ocean earthquake and tsunami, involved the participation of 22 partner nations to improve the ability of each country to conduct humanitarian assistance and disaster relief efforts.

(3) The Pacific Partnership is the largest annual multilateral disaster preparedness mission conducted in the Indo-Pacific region.

(4) The United States Agency for International Development, including through its Office of Foreign Disaster Assistance, leads and coordinates United States humanitarian efforts in foreign countries and often partners with the Department of Defense in responding to disasters.

(b) Sense of Congress.—It is the sense of Congress that—

(1) the Pacific Partnership, a civic and humanitarian mission which the United States Navy’s Pacific Fleet, in conjunction with partner nations, nongovernmental organizations, and other United States and international governmental agencies conducts to strengthen alliances, improves United States and partner capacity to deliver humanitarian assistance and disaster relief and improves security cooperation among the partner nations in the Indo-Pacific region;

(2) the Department of Defense should continue to play a role in response to requests for support in international humanitarian assistance and disaster response drawing on its unique capabilities, manpower, and forward-deployed resources; and

(3) the Secretary of Defense should assess the United States force posture in the Indo-Pacific region for future Pacific Partnerships and work to expand engagements in the entirety of the Indo-Pacific region if appropriate and if applicable renaming the program as the “Indo-Pacific Partnership”.

(c) Briefing.—Not later than the end of the first full fiscal year beginning after the date of enactment of this Act, the Secretary of Defense shall provide to the appropriate congressional committees a briefing on the following:

(1) A description of humanitarian assistance and disaster relief exercises conducted by the Department of Defense in the Indo-Pacific region in the previous year that also identifies the partner countries and militaries involved in any such operations and exercises.

(2) A description of any planned humanitarian assistance and disaster relief exercises for the following fiscal year in the Indo-Pacific region.

(3) A description of any constraints on the ability of the Department of Defense to conduct humanitarian assistance and disaster relief exercises, including in resources.

(4) A description of any efforts undertaken by the Secretary of Defense to ease operational burdens on the Armed Forces of the United States to participate in humanitarian assistance or disaster relief exercises, such as the pre-positioning of equipment, inclusion of additional partners, and inclusion of exercises that may ordinarily be conducted independently of any humanitarian assistance operation or exercise.

(d) Appropriate congressional committee defined.—In subsection (c), the term “appropriate congressional committees” means—

(1) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and

(2) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.

subtitle FOther matters

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

(a) Findings.—Congress finds the following:

(1) The United States–Republic of Turkey relationship, over the past year, has become increasingly strained due to several provocative actions taken by the Government of Turkey.

(2) The potential purchase by the Government of Turkey of the S-400 air and missile defense system from the Russian Federation has led to tension with the relationship.

(3) These actions could negatively impact common weapon system development between the United States and Turkey.

(4) These actions could exacerbate current North Atlantic Treaty Organization (NATO) interoperability challenges with respect to common military architecture and information sharing.

(5) These actions could impact current bilateral agreements between the United States and Turkey.

(b) Report required.—

(1) IN GENERAL.—Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the appropriate congressional committees a report on the status of the United States relationship with the Republic of Turkey.

(2) MATTERS TO BE INCLUDED.—The report required under this subsection shall include the following:

(A) An assessment of United States military and diplomatic presence in Turkey, including all military activities conducted from Incirlik Air Base or elsewhere.

(B) An assessment of the potential purchase by the Government of Turkey of the S-400 air and missile defense system from the Russian Federation and the potential effects of such purchase on the United States-Turkey bilateral relationship, including an assessment of impacts on other United States weapon systems and platforms operated jointly with Turkey to include—

(i) the F–35 Lightning II Joint Strike aircraft, to include co-production;

(ii) the Patriot surface-to-air missile system;

(iii) the CH–47 Chinook heavy lift helicopter;

(iv) the AH–1 Attack helicopter;

(v) the H–60 Black Hawk utility helicopter; and

(vi) the F–16 Fighting Falcon aircraft.

(C) An identification of potential alternative air and missile defense systems that could be purchased by the Government of Turkey, including United States and other NATO member state military air defense artillery systems.

(3) FORM.—The report required under this subsection shall be submitted in unclassified form, but may include a classified annex.

(c) Limitation.—The Secretary of Defense may not take any action to execute delivery of a foreign military sale for major defense equipment subject to congressional notification under section 36 of the Arms Export Control Act (22 U.S.C. 2778) (made under a letter of offer issued under the authority of the Arms Export Control Act before the date of the enactment of this Act) to the Republic of Turkey until the Secretary submits to the appropriate congressional committees the report required under subsection (b).

(d) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means—

(1) the congressional defense committees; and

(2) the Committee on Foreign Relations of the Senate and Committee on Foreign Affairs of the House of Representatives.

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

It is the sense of Congress that—

(1) the member countries of the Gulf Cooperation Council (GCC) are important security cooperation partners of the United States;

(2) the unity of GCC member countries is critical to facing growing threats from Iran; and

(3) timely normalization of diplomatic, security, and economic relationships among GCC member countries is in the best interest of the United States.

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

(a) Report required.—Not later than July 1, 2019, the President shall submit to the appropriate congressional committees a report on United States Government police training and equipping programs for Mexico.

(b) Elements.—The report required under subsection (a) shall include the following:

(1) A list of all United States Government departments and agencies involved in implementing the programs.

(2) A description of the scope, size, and components of the programs for fiscal years 2017 and 2018, to include for each such program—

(A) the types of units receiving such assistance, including national police, gendarmerie, counternarcotics police, counterterrorism police, Formed Police Units, border security, and customs;

(B) the purpose and objectives of the program;

(C) the funding and personnel levels for the program in each such fiscal year;

(D) the authority under which the program is conducted;

(E) the name of the United States Government department or agency with lead responsibility for the program and the mechanisms for oversight of the program;

(F) the extent to which the program is implemented by contractors or United States Government personnel; and

(G) the metrics for measuring the results of the program and an assessment of the impact achieved from the program.

(3) An assessment of the requirements for the programs, and what changes, if any, are required to improve the capacity of the United States Government to meet such requirements.

(4) An evaluation of the appropriate role of United States Government departments and agencies in carrying out and coordinating the programs.

(5) An evaluation of the appropriate role of contractors in carrying out the programs, and what modifications, if any, are needed to improve oversight of such contractors.

(6) Recommendations for legislative modifications, if any, to existing authorities relating to the programs.

(c) Appropriate congressional committees.—In this section, the term “appropriate congressional committees” means—

(1) the congressional defense committees; and

(2) the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, and the Committee on the Judiciary of the Senate and the Committee on Foreign Affairs, the Committee on Homeland Security, and the Committee on the Judiciary of the House of Representatives.

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

(a) In general.—The Secretary of Defense is authorized to increase engagement and military-to-military cooperation with Western Balkans countries under the authorities of chapter 16 of title 10, United States Code.

(b) Definition.—In this section, the term “Western Balkans countries” means—

(1) Serbia;

(2) Bosnia and Herzegovina;

(3) Kosovo; and

(4) Macedonia.

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

(a) Chapter references.—The following provisions of law are amended by striking “chapter 15” and inserting “chapter 13”:

(1) Section 886(a)(5) of the Homeland Security Act of 2002 (6 U.S.C. 466(a)(5)).

(2) Section 332(a)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1982(a)(1)).

(3) Section 101(a)(13)(B) of title 10, United States Code.

(4) Section 115(i)(6) of title 10, United States Code.

(5) Section 12304(c)(1) of title 10, United States Code.

(6) Section 484C(c)(3)(C)(v)) of the Higher Education Act of 1965 (20 U.S.C. 1091c(c)(3)(C)(v)).

(b) Section references.— (1) Title 10, United States Code, is amended—

(A) in section 386(c)(1), by striking “Sections 311, 321, 331, 332, 333,” and inserting “Sections 246, 251, 252, 253, 321,”; and

(B) in section 10541(b)(9) in the matter preceding subparagraph (A), by striking “sections 331, 332, 333,” and inserting “sections 251, 252, 253,”.

(2) Section 484C(c)(3)(C)(i)) of the Higher Education Act of 1965 (20 U.S.C. 1091c(c)(3)(C)(i)) is amended by striking “section 331, 332,” and inserting “section 251, 252,”.

(c) Other technical corrections.— (1) Chapter 16 of title 10, United States Code, is amended—

(A) in section 311(a)(3), by striking “Secretary to State” and inserting “Secretary of State”;

(B) in section 321(e), by striking “calender” each place it appears and inserting “calendar”;

(C) in the table of sections at the beginning of subchapter V of such chapter, by striking the item relating to section 342 and inserting the following:


“342. Regional Centers for Security Studies.”;

(D) in section 347—

(i) in the heading of subsection (a)(7), by striking “etc.” and inserting “etc”; and

(ii) in the heading of subsection (b)(3)(B), by striking “etc.” and inserting “etc”; and

(E) in section 385(d)(1)(B), by striking “include” and inserting “including”.

(2) Section 1204(b) 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. 362 note) is amended—

(A) in paragraph (1), by striking “section 2249e” each place it appears and inserting “section 362”; and

(B) in paragraph (3), by striking “section 2249e” and inserting “section 301(1)”.

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

Section 1279(a) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 22 U.S.C. 8606 note), as most recently amended by section 1278 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1700), is further amended—

(1) by inserting “and capabilities for countering unmanned aerial systems” after “anti-tunnel capabilities”; and

(2) by inserting “and unmanned aerial systems” after “underground tunnels”.

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

Section 943(g) of the National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4579), as most recently amended by section 1051(n) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1564), is further amended by striking “2021” and inserting “2024”.

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

Section 2350d of title 10, United States Code, is amended—

(1) by striking “NATO Support Organization” each place it appears and inserting “NATO Support and Procurement Organization”;

(2) by striking “Support Partnership Agreement” each place it appears and inserting “Support or Procurement Partnership Agreement”;

(3) in subsection (a)(1), by striking “Support Partnership Agreements” and inserting “Support or Procurement Partnership Agreements”; and

(4) in subsection (b)(1), by striking “in Europe”.

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

It is the sense of Congress that—

(1) military-to-military dialogues, including in the case of allies, partners, and adversaries and potential adversaries, can be a useful and important tool for advancing United States national security objectives in a complex, interactive, and dynamic security environment;

(2) frameworks for military-to-military dialogues should be flexible and adaptable to such a security environment and should be informed by national security guidance, such as the 2017 National Security Strategy and the 2018 National Defense Strategy; and

(3) military-to-military dialogues can and should be reliable, enduring, and tailorable based on circumstance, so that such dialogues can be trusted and available when needed, particularly amid escalating tensions.

SEC. 1280. Modifications to Global Engagement Center.

Section 1287 of the National Defense Authorization Act for Fiscal Year 2017 (22 U.S.C. 2656 note) is amended—

(1) by amending paragraph (2) of subsection (a) to read as follows:

“(2) PURPOSE.—The purpose of the Center shall be to direct, lead, synchronize, integrate, and coordinate efforts of the Federal Government to recognize, understand, expose, and counter foreign state and foreign non-state propaganda and disinformation efforts aimed at undermining or influencing the policies, security, or stability of the United States and United States allies and partner nations.”;

(2) in subsection (b)—

(A) by amending paragraph (1) to read as follows:

“(1) Direct, lead, synchronize, integrate, and coordinate interagency and international efforts to track and evaluate counterfactual narratives abroad that threaten the policies, security, or stability of the United States and United States allies and partner nations.”;

(B) by amending paragraph (4) to read as follows:

“(4) Identify current and emerging trends in foreign propaganda and disinformation in order to coordinate and shape the development of tactics, techniques, and procedures to expose and refute foreign propaganda and disinformation, and pro-actively support the promotion of credible, fact-based narratives and policies to audiences outside the United States.”;

(C) by redesignating paragraphs (6) through (10) as paragraphs (7) through (11), respectively;

(D) by inserting after paragraph (5) the following new paragraph:

“(6) Measure and evaluate the activities of the Center, including the outcomes of such activities, and implement mechanisms to ensure that the activities of the Center are updated to reflect the results of such measurement and evaluation.”; and

(E) by amending paragraph (8), as so redesignated, to read as follows:

“(8) Use information from appropriate interagency entities to identify the countries, geographic areas, and populations most susceptible to propaganda and disinformation, as well as the countries, geographic areas, and populations in which such propaganda and disinformation is likely to cause the most harm.”;

(3) in subsection (d), by amending paragraphs (1) and (2) to read as follows:

“(1) DETAILEES AND ASSIGNEES.—Any Federal Government employee may be detailed or assigned to the Center with or without reimbursement, consistent with applicable laws and regulations regarding such employee, and such detail or assignment shall be without interruption or loss of status or privilege.

“(2) OTHER PERSONNEL.—The Secretary of State should, when hiring additional United States citizen personnel, preference use of Foreign Service limited appointments in accordance with section 309 of the Foreign Service Act of 1980 (22 U.S.C. 3949). The Secretary may hire United States citizens or aliens, as appropriate, including as personal services contractors, for purposes of personnel resources of the Center, if—

“(A) the Secretary determines that existing personnel resources or expertise are insufficient;

“(B) the period in which services are provided by a personal services contractor, including options, does not exceed 3 years, unless the Secretary determines that exceptional circumstances justify an extension of up to one additional year;

“(C) not more than 50 United States citizens or aliens are employed as personal services contractors under the authority of this paragraph at any time; and

“(D) the authority of this paragraph is only used to obtain specialized skills or experience or to respond to urgent needs.”;

(4) in subsection (e), by amending paragraphs (1) and (2) to read as follows:

“(1) IN GENERAL.—For each of fiscal years 2019 and 2020, the Secretary of Defense is authorized to transfer, from amounts appropriated to the Secretary pursuant to the authorization under this Act, to the Secretary of State not more than $60,000,000, to carry out the functions of the Center.

“(2) NOTICE REQUIREMENT.—The Secretary of Defense shall notify the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate and the Committee on Armed Services, the Committee on Appropriations, the Committee on Foreign Affairs, and the Committee on Oversight and Government Reform of the House of Representatives of a proposed transfer under paragraph (1) not less than 15 days prior to making such transfer.”;

(5) in subsection (f), by amending paragraphs (1) and (2) to read as follows:

“(1) AUTHORITY FOR GRANTS.—The Center is authorized to provide grants or contracts of financial support to civil society groups, media content providers, nongovernmental organizations, federally funded research and development centers, private companies, or academic institutions for the following purposes:

“(A) To support local entities and linkages among such entities, including independent media entities, that are best positioned to refute foreign propaganda and disinformation in affected communities.

“(B) To collect and store examples of print, online, and social media disinformation and propaganda directed at the United States or United States allies and partner nations.

“(C) To analyze and report on tactics, techniques, and procedures of foreign information warfare and other efforts with respect to disinformation and propaganda.

“(D) To support efforts by the Center to counter efforts by foreign entities to use disinformation and propaganda to undermine or influence the policies, security, and social and political stability of the United States and United States allies and partner nations.

“(2) FUNDING AVAILABILITY AND LIMITATIONS.—The Secretary of State shall provide that each entity that receives funds under this subsection is selected in accordance with the relevant existing regulations through a process that ensures such entity has the credibility and capability to carry out effectively and in accordance with United States interests and objectives the purposes specified in paragraph (1) for which such entity received such funding.”;

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

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

“(h) Congressional briefings.—The Secretary of State, together with the heads of other relevant Federal departments and agencies, shall provide a briefing to the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate and the Committee on Armed Services, the Committee on Appropriations, the Committee on Foreign Affairs, and the Committee on Oversight and Government Reform of the House of Representatives not less often than annually regarding the activities of the Global Engagement Center. The briefings required under this subsection shall terminate on the date specified in subsection (j).”.

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

(a) In general.—Not later than 30 days after entering into a cross-servicing agreement under section 2342 of title 10, United States Code, with a country or organization referred to in subsection (a)(1) of such section, and every 180 days thereafter for such period of time as the agreement remains in effect, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report with respect to the agreement.

(b) Matters to be included.—The report required under subsection (a) shall include the following:

(1) The type of country or organization referred to in subsection (a)(1) of section 2342 of title 10, United States Code, with respect to which the Secretary of Defense entered into the agreement.

(2) The date on which the agreement was entered into under such section 2342.

(3) A description of the logistic support, supplies, and services to be provided to the military forces of the country or organization and any other transactions associated with the agreement.

(4) The estimated dollar value of support provided by the United States under the agreement.

(5) A copy of the agreement, including all appendices.

(6) An assessment as to whether or not the agreement is in United States national security interests.

(7) The end date of the agreement.

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

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

None of the funds authorized to be appropriated by this Act or otherwise made available to the Department of Defense for fiscal year 2019 may be used to provide weapons or any other form of support to—

(1) Al Qaeda, the Islamic State of Iraq and Syria (ISIS), Jabhat Fateh al Sham, or any individual or group affiliated with any such organization; and

(2) any other entity that the Secretary of Defense determines may trade or sell arms to terrorist organizations.

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

(a) Plan required.—Not later than 180 days after the date of the enactment of this Act, and with respect to funds authorized to be appropriated or otherwise made available by this Act, the Secretary of Defense shall submit to the congressional defense committees a plan to implement the certification requirement described in subsection (b) to ensure that applicants seeking such funds for educational or academic training or research verify that such funds shall not be made available to any individual who has participated in or is currently participating in a foreign talent or expert recruitment program of a country listed in subsection (d).

(b) Certification requirement for funding.—Beginning not later than 1 year after the date of the enactment of this Act and with respect to funds authorized to be appropriated or otherwise made available by this Act, the Secretary of Defense shall require each applicant seeking such funds for educational or academic training and research, including at institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)), policy institutes, federal laboratories, or research institutes, to include with the application a certification that none of the funds received by such applicant shall be made available to any individual who has participated in or is currently participating in a foreign talent or expert recruitment program of a country listed in subsection (d).

(c) Authority to terminate funding.—Beginning 1 year after the date of the enactment of this Act, the Secretary of Defense may terminate existing funding of, or prohibit the award of future funding to, a current recipient if such recipient is unable to provide the certification described in subsection (b) with respect to such existing funding.

(d) Countries listed.—The countries listed in this subsection are the following:

(1) The People’s Republic of China.

(2) The Democratic People’s Republic of Korea.

(3) The Russian Federation.

(4) The Islamic Republic of Iran.

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

(a) Findings.—Congress finds the following:

(1) Georgia is a valued friend of the United States and has repeatedly demonstrated its commitment to advancing the mutual interests of both countries, including the deployment of Georgian forces as part of the International Security Assistance Force (ISAF) led by the North Atlantic Treaty Organization (NATO) in Afghanistan and the Multi-National Force in Iraq.

(2) The European Deterrence Initiative builds the partnership capacity of Georgia so it can work more closely with the United States and NATO, as well as provide for its own defense.

(3) In addition to the European Deterrence Initiative, Georgia’s participation in the NATO initiative Partnership for Peace is paramount to interoperability with the United States and NATO, and establishing a more peaceful environment in the region.

(4) Despite the losses suffered, as a NATO partner of ISAF, Georgia is committed to the Resolute Support Mission in Afghanistan with the fourth-largest contingent on the ground.

(b) Sense of Congress.—Congress—

(1) reaffirms United States support for Georgia’s sovereignty and territorial integrity within its internationally-recognized borders, and does not recognize the independence of the Abkhazia and South Ossetia regions currently occupied by the Russian Federation; and

(2) supports continued cooperation between the United States and Georgia and the efforts of the Government of Georgia to provide for the defense of its people and sovereign territory.

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

(a) Findings.—Congress finds the following:

(1) The Baltic countries of Estonia, Latvia, and Lithuania are highly valued allies of the United States, and they have repeatedly demonstrated their commitment to advancing our mutual interests as well as those of the NATO Alliance.

(2) Operation Atlantic Resolve is a series of exercises and coordinating efforts demonstrating the United States’ commitment to its European partners and allies, including the Baltic countries of Estonia, Latvia, and Lithuania, with the shared goal of peace and stability in the region. Operation Atlantic Resolve strengthens communication and understanding, and is an important effort to deter Russian aggression in the region.

(3) Through Operation Atlantic Resolve, the European Deterrence Initiative undertakes exercises, training, and rotational presence necessary to reassure and integrate our allies, including the Baltic countries, into a common defense framework.

(4) All three Baltic countries contributed to the NATO-led International Security Assistance Force in Afghanistan, sending troops and operating with few caveats. The Baltic countries continue to commit resources and troops to the Resolute Support Mission in Afghanistan.

(b) Sense of Congress.—Congress—

(1) reaffirms its support for the principle of collective defense in Article 5 of the North Atlantic Treaty for our NATO allies, including Estonia, Latvia, and Lithuania;

(2) supports the sovereignty, independence, territorial integrity, and inviolability of Estonia, Latvia, and Lithuania as well as their internationally recognized borders, and expresses concerns over increasingly aggressive military maneuvering by the Russian Federation near their borders and airspace;

(3) expresses concern over and condemns subversive and destabilizing activities by the Russian Federation within the Baltic countries; and

(4) encourages the Administration to further enhance defense cooperation efforts with Estonia, Latvia, and Lithuania and supports the efforts of their Governments to provide for the defense of their people and sovereign territory.

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

Not later than February 1, 2019, the Secretary of Defense shall submit to the congressional defense committees a report describing the strategy of the United States Armed Forces with respect to Yemen that includes a description of—

(1) the activities that the United States Armed Forces are currently undertaking in Yemen;

(2) the costs associated with the involvement of the United States Armed Forces in Yemen, including costs relating to counterterrorism activities, refueling missions, or other military activities;

(3) the key United States military interests, objectives, long-term goals, and end-states for Yemen;

(4) indicators for the effectiveness of United States military efforts to achieve such interests, objectives, goals, or end-states;

(5) how current United States military efforts in Yemen align with such objectives;

(6) the estimated annual resources required through fiscal year 2022 for the United States Armed Forces to achieve such objectives;

(7) the current legal authorities supporting United States military efforts in Yemen; and

(8) any other matters the Secretary determines to be relevant.

SEC. 1287. Report on Hizballah.

(a) In general.—Not later than 90 days after enactment of this Act, the President shall provide to the appropriate congressional committees a report on Hizballah. Such report shall include each of the following:

(1) An accounting of Hizballah’s known rocket arsenal.

(2) An evaluation of the impact of the United Nations Interim Force in Lebanon mandate.

(3) An evaluation of the tactical and strategic capabilities of Hizballah, including such capabilities related to defense.

(4) A detailed description of the known supply routes used in the illegal procurement of weapons for Hizballah.

(5) An estimate of companies and other entities that support Hizballah’s network.

(6) An assessment of the effects of the interference of Hizballah in conflicts throughout the Middle East region.

(7) An assessment of how Hizballah raises, holds, and spends funds in territories where United Nations Interim Force in Lebanon operates.

(b) Appropriate congressional committees.—In this section, the term “appropriate congressional committees” means—

(1) the Committees on Armed Services of the Senate and House of Representatives;

(2) the Committee on Foreign Affairs of the House of Representatives;

(3) the Committee on Foreign Relations of the Senate;

(4) the Permanent Select Committee on Intelligence of the House of Representatives; and

(5) the Select Committee on Intelligence of the Senate.

SEC. 1288. Rule of construction.

Nothing in this Act shall be construed as authorizing the use of force against North Korea.

SEC. 1289. Modification of freedom of navigation reporting requirements.

Subsection (a) of section 1275 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2540), as amended by section 1262(a)(1) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1689), is further amended by striking “the Committees on Armed Services of the Senate and the House of Representatives” and inserting “the Committee on Armed Services and the Committee on Foreign Relations of the Senate and the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives”.

SEC. 1290. Sense of Congress regarding the role of the United States in the North Atlantic Treaty Organization.

It is the sense of Congress that continued United States leadership in the North Atlantic Treaty Organization is critical to the national security of the United States.

SEC. 1291. Sense of Congress and reaffirming the commitment of the United States to the North Atlantic Treaty Organization (NATO).

(a) Findings.—Congress finds the following:

(1) On April 4, 1949, the North Atlantic Treaty Organization (NATO) was founded with the ideals of democracy, individual liberty, and the desire for peaceful resolutions of disputes.

(2) For over six decades, NATO has been a successful intergovernmental political and military alliance.

(3) NATO’s collective defense acts as a deterrent to aggression where the alliance defends its Allied countries against external security threats.

(4) NATO strengthens the security of the United States by utilizing an integrated military coalition.

(5) While Russia has continued to threaten the sovereignty of countries in Europe and exhibit threatening behavior toward our own military assets, NATO sends a clear collective message that the Alliance will not tolerate Russia's provocation.

(6) In respect to the changing threats against Europe and the United States since the end of the Cold War, NATO has evolved to take on new dangers including terrorism, the spread of weapons of mass destruction, and cyber attacks.

(7) After the September 11, 2001, terrorist attacks on the United States, NATO invoked Article 5 of the North Atlantic Treaty for the first time in NATO’s history to deploy military resources to Afghanistan in support of the United States mission to combat a dangerous terrorist threat.

(8) NATO aided the United States military by leading the International Security Assistance Force in Afghanistan from August 2003 to 2014, working with Afghan authorities to respond to the terrorist insurgency and to provide effective security across the country.

(9) NATO continues a civilian-led presence in Afghanistan to strengthen Afghan security forces and institutions to ensure the country can rebuild its security operations and end safe haven for terrorists.

(10) In November 2002 at the Prague Summit, NATO leaders adopted a Prague package to adapt NATO to the challenge of combating terrorism which included a Military Concept for Defense against Terrorism, a Partnership Action Plan against Terrorism, missile defense, cyber defense, and enhanced intelligence sharing.

(11) In November 2006 at the Riga Summit, NATO declared that “terrorism, increasingly global in scope and lethal in results, and the spread of weapons of mass destruction are likely to be the principal threats to the Alliance over the next 10 to 15 years”.

(12) In July 2016 at the Warsaw Summit, NATO leaders agreed to strengthen the Alliance’s military presence in Eastern Europe, declared Initial Operational Capability of NATO’s Ballistic Missile Defense to strengthen the defense of Allied countries against ballistic missiles, and recognized cyberspace as a new operational domain.

(13) The attacks in Paris, France; Berlin, Germany; Istanbul, Turkey; Manchester, England; Barcelona, Spain; and Brussels, Belgium, home of the NATO Headquarters, shows the importance of an international alliance to combat terrorist groups.

(b) Sense of Congress.—It is the sense of Congress that—

(1) the United States reaffirms its commitment to the North Atlantic Treaty Organization (NATO) as the foundation of transatlantic security and defense;

(2) NATO serves as a critical coalition in preserving peace and stability in the transatlantic region;

(3) NATO’s continued effort to develop new capabilities and technologies to combat terrorism and a changing international security environment are crucial to enhancing national security and strengthening the United States ability to combat evolving security threats; and

(4) the United States encourages each NATO member country to meet or exceed the commitment to spend two percent of its Gross Domestic Product (GDP) on defense.

SEC. 1292. Sense of Congress relating to increases in defense capabilities of United States allies.

It is the sense of Congress that the President, in furtherance of increased unity, equitable sharing of the common defense burden, and international stability, should—

(1) encourage all member countries of the North Atlantic Treaty Organization (“NATO allies”) to fulfill their commitments to levels and composition of defense expenditures as agreed upon at the NATO 2014 Wales Summit and NATO 2016 Warsaw Summit;

(2) call on NATO allies to finance, equip, and train their armed forces to fulfill their national and regional security interests; and

(3) recognize NATO allies that are meeting their defense spending commitments or otherwise providing adequately for their national and regional security interests.

SEC. 1293. Report on threats by the Muslim Brotherhood.

(a) Sense of Congress.—It is the sense of Congress that the Muslim Brotherhood is a threat to the United States.

(b) Strategy.—

(1) IN GENERAL.—Not later than one year after the date of the enactment of this Act, the President and the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate congressional committees a report that contains an assessment of the threats posed to the United States by the Muslim Brotherhood.

(2) MATTERS TO BE INCLUDED.—The report required under paragraph (1) shall include the following:

(A) A description of the origins of the Muslim Brotherhood.

(B) A description of the strategic aims of the Muslim Brotherhood.

(C) A description of the tactical methods of the Muslim Brotherhood.

(D) A description of the funding sources of the Muslim Brotherhood.

(E) A description of the leadership structures of the Muslim Brotherhood.

(F) Any other matters the President and Secretary of Defense consider appropriate.

(3) FORM.—The required under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.

(c) Definition.—In this section, the term “appropriate congressional committees” means—

(1) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and

(2) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives.

SEC. 1294. Report by Defense Intelligence Agency on certain military capabilities of China and Russia.

(a) Report.—The Director of the Defense Intelligence Agency shall submit to the Secretary of Defense and the appropriate congressional committees a report on the military capabilities of the People’s Republic of China and the Russian Federation.

(b) Matters included.—The report under subsection (a) shall include, with respect to the military of China and the military of Russia, the following:

(1) An update on the presence, status, and capability of the military with respect to any national training centers similar to the Combat Training Center Program of the United States.

(2) An analysis of a readiness deployment cycle of the military, including—

(A) as compared to such a cycle of the United States; and

(B) an identification of metrics used in the national training centers of that military.

(3) A comprehensive investigation into the capability and readiness of the mechanized logistics of the army of the military, including—

(A) an analysis of field maintenance, sustainment maintenance, movement control, intermodal operations, and supply; and

(B) how such functions under subparagraph (A) interact with specific echelons of that military.

(4) An assessment of the future of mechanized army logistics of that military.

(c) Nonduplication of efforts.—The Defense Intelligence Agency may make use of or add to any existing reports completed by the Agency in order to respond to the reporting requirement.

(d) Form.—The report under subsection (a) may be submitted in classified form.

(e) Briefing.—The Director shall provide a briefing to the Secretary and the committees specified in subsection (a) on the report under such subsection.

(f) Appropriate congressional committees.—In this section, the term “appropriate congressional committees” means—

(1) the Committee on Armed Services, the Permanent Select Committee on Intelligence, and the Committee on Foreign Affairs of the House of Representatives; and

(2) the Committee on Armed Services, the Select Committee on Intelligence, and the Committee on Foreign Relations of the Senate.

SEC. 1295. Report on efforts to combat Boko Haram in Nigeria and the Lake Chad Basin.

(a) Sense of congress.—Congress—

(1) strongly condemns the ongoing violence and the systematic gross human rights violations against the people of Nigeria and the Lake Chad Basin carried out by Boko Haram;

(2) expresses its support for the people of Nigeria and the Lake Chad Basin who wish to live in a peaceful, economically prosperous, and democratic region; and

(3) calls on the President to support Nigerian, Lake Chad Basin, and international community efforts to ensure accountability for crimes against humanity committed by Boko Haram against the people of Nigeria and the Lake Chad Basin, particularly the young girls kidnapped from Chibok and other internally displaced persons affected by the actions of Boko Haram.

(b) Report.—

(1) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, the Secretary of State, and the Attorney General shall jointly submit to Congress a report on efforts to combat Boko Haram in Nigeria and the Lake Chad Basin.

(2) ELEMENTS.—The report required under paragraph (1) shall include the following elements:

(A) A description of initiatives undertaken by the Department of Defense to assist the Government of Nigeria and countries in the Lake Chad Basin to develop capacities to deploy special forces to combat Boko Haram.

(B) A description of United States activities to enhance the capacity of Nigeria and countries in the Lake Chad Basin to investigate and prosecute human rights violations perpetrated against the people of Nigeria and the Lake Chad Basin by Boko Haram, al-Qaeda affiliates, and other terrorist organizations, in order to promote respect for rule of law in Nigeria and the Lake Chad Basin.

SEC. 1296. Report on interference in Libya by military and security forces of other foreign nations.

(a) In general.—Not later than 180 days after the date of the enactment of this Act, and annually thereafter for 2 years, the Secretary of Defense and the Secretary of State shall jointly submit to the appropriate congressional committees a report on the military activities of external actors in Libya, including Russia, Egypt, and the United Arab Emirates.

(b) Elements.—The report required by subsection (a) shall also include the following:

(1) An assessment of military, security, and influence activities by foreign countries in Libya, including—

(A) actions that violate or seek to violate the United Nations arms embargo on Libya imposed pursuant to United Nations Security Council Resolution 1970 (2011);

(B) actions outside the scope of such Resolution that seek to increase the relative strength of either the eastern or western coalition in Libya, including through financing, policy coordination, or political support;

(C) the extent to which the actions described in subparagraph (A) and (B) involve United States-origin equipment and violate contractual conditions of acceptable use of such equipment;

(2) An assessment of whether the actions described in subparagraphs (A) and (B) of paragraph (1) have undermined the United Nations-led and United States-supported negotiations or the objective of political reconciliation and stabilization in Libya.

(3) An assessment of Russian influence in Libya and Egypt, including:

(A) Russian efforts to provide logistical, material or political assistance to Libyan parties, establish a military presence, and expand political influence in Libya, and any facilitation by Egyptian officers or officials for such activities;

(B) whether the presence and activities of Russian personnel and equipment in Libya and Egypt, and Russian requests to establish bases in Egypt, pose or could pose a future challenge to the United States’ ability to operate in Egypt, Libya, or the southern Mediterranean broadly, including overflight privileges; and

(C) whether Egypt is facilitating Russian influence and materiel-provision in Libya and the extent to which such facilitation undermines United States policy, involves United States-origin equipment, and violates contractual conditions of acceptable use of such equipment.

(4) Any other matters the Secretary of Defense and the Secretary of State determine to be relevant.

(c) Form.—The report required by subsection (a) shall be submitted in unclassified form but may contain a classified annex.

(d) Appropriate congressional committees.—In this section, the term “appropriate congressional committees” means the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives.

SEC. 1297. Sense of Congress regarding building an international coalition to counter hybrid threats.

It is the sense of Congress that—

(1) the United States is stronger and more effective when we work with our partners and allies abroad;

(2) the United States should lead an international effort of like-minded democracies to build awareness of and resilience to the Kremlin’s malign influence operations.

SEC. 1298. Modification to annual report on military and security developments involving the People’s Republic of China.

Paragraph (22) of section 1202(b) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; 10 U.S.C. 113 note), as most recently amended by section 1261 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1688), is further amended by striking “activities in the South China Sea” and inserting the following:

““activities—

“(A) in the South China Sea;

“(B) in the East China Sea, including in the vicinity of the Senkaku islands; and

“(C) in the Indian Ocean region.”.

SEC. 1299. United States security and humanitarian support strategy for Yemen.

Not later than 90 days after the date of the enactment of this Act, the Secretary of State and the Secretary of Defense, in coordination with the Administrator of the United States Agency for International Development, shall jointly submit to Congress a comprehensive report on United States security and humanitarian interests in Yemen, including each of the following:

(1) The strategic objectives of the United States in Yemen, including humanitarian support to civilian populations under threat of famine, and the criteria for determining the success of such objectives.

(2) A description of efforts to coordinate civilian and military efforts with respect to Yemen.

(3) A description of the diplomatic strategy with respect to regional partners seeking to end the civil war in Yemen.

SEC. 1299A. Report on Bangladesh.

The Secretary of State, in coordination with the Administrator of the United States Agency for International Development (USAID) and the Secretary of Defense, shall submit to Congress a report—

(1) assessing Bangladesh’s ability to respond to humanitarian crises and natural disasters; and

(2) recommending areas for enhancing humanitarian assistance and disaster relief cooperation between the United States and Bangladesh relating to improving Bangladesh’s ability to respond to humanitarian crises and natural disasters, including through humanitarian consultations, training, and exercises.

SEC. 1299B. United States cybersecurity cooperation with Ukraine.

(a) Statement of policy.—It is the policy of the United States to—

(1) reaffirm the United States-Ukraine Charter on Strategic Partnership, which highlights the importance of the bilateral relationship and outlines enhanced cooperation in the areas of defense, security, economics and trade, energy security, democracy, and cultural exchanges;

(2) support continued cooperation between NATO and Ukraine;

(3) support Ukraine’s political and economic reforms;

(4) reaffirm the commitment of the United States to the Budapest Memorandum on Security Assurances;

(5) assist Ukraine’s efforts to enhance its cybersecurity capabilities; and

(6) improve Ukraine’s ability to respond to Russian-supported disinformation and propaganda efforts in cyberspace, including through social media and other outlets.

(b) Sense of Congress.—It is the sense of Congress that the Secretary of State should take the following actions, commensurate with United States interests, to assist Ukraine to improve its cybersecurity:

(1) Provide Ukraine such support as may be necessary to secure government computer networks from malicious cyber intrusions, particularly such networks that defend the critical infrastructure of Ukraine.

(2) Provide Ukraine support in reducing reliance on Russian information and communications technology.

(3) Assist Ukraine to build its capacity, expand cybersecurity information sharing, and cooperate on international cyberspace efforts.

(c) Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the congressional defense committees and the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on United States cybersecurity cooperation with Ukraine. Such report shall also include information relating to the following:

(1) United States efforts to strengthen Ukraine’s ability to prevent, mitigate, and respond to cyber incidents, including through training, education, technical assistance, capacity building, and cybersecurity risk management strategies.

(2) The potential for new areas of collaboration and mutual assistance between the United States and Ukraine in addressing shared cyber challenges, including cybercrime, critical infrastructure protection, and resilience against botnets and other automated, distributed threats.

(3) NATO’s efforts to help Ukraine develop technical capabilities to counter cyber threats.

SEC. 1299C. Briefing on China’s military installation in the Republic of Djibouti.

(a) Briefing required.—Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall brief the appropriate congressional committees on the following:

(1) An assessment of the impact of the People’s Republic of China’s first overseas military installation in the Republic of Djibouti on the ability of the United States forces to operate in the region.

(2) An assessment of China’s ability to obtain sensitive information and impact operations conducted from Camp Lemmonier in Djibouti, the largest United States military installation on the African continent.

(3) An assessment of the ability of the President of Djibouti to terminate by all methods, including by simple decree, the Department of Defense’s lease agreement governing operation of Camp Lemmonier.

(4) An assessment of the impact of the Chinese base in Djibouti on security and safety of United States personnel in Djibouti.

(5) An assessment of the status of China’s compliance with the “Protocol on Blinding Laser Weapons” that forbids employment of laser weapons.

(6) An assessment of the laser attack in Djibouti that injured United States airmen.

(7) An assessment of Djibouti’s compliance with its treaty obligations under the Ottawa Convention to end the use of landmines.

(b) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means—

(1) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and

(2) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.

SEC. 1299D. Sense of Congress with respect to the 3 Seas Initiative.

It is the sense of Congress that—

(1) the 3 Seas Initiative could serve as a valuable counterweight to the efforts of the Russian Government to divide Europe and to the regional expansionism of the Chinese Government, particularly in the context of energy and infrastructure; and

(2) the United States should fully support the efforts of the 3 Seas Initiative, including by—

(A) sending a high level delegation to future summits convened by the Initiative;

(B) encouraging United States business leaders to participate in the Initiative; and

(C) supporting the establishment of a network of Central European chambers of commerce.

SEC. 1299E. Report on violence and cartel activity in Mexico.

The Secretary of Defense shall submit to the congressional defense committees a report on violence and cartel activity in Mexico and the impact of such on United States national security.

SEC. 1299F. Report on Department of Defense missions, operations, and activities in Niger and the broader region.

(a) Report required.—

(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation as appropriate with the Secretary of State, shall submit to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a report on the missions, operations, and activities of the Department in Niger and the broader region that includes the following:

(A) A description of the objectives and the associated lines of efforts of the Department in Niger and the broader region, and the benchmarks for assessing progress toward such objectives.

(B) A description of the timeline for achieving such objectives in Niger and the broader region.

(C) A justification of the relevance of such objectives in Niger and the broader region to the national security of the United States and to the objectives in the National Defense Strategy.

(D) A description of steps the Department is taking to ensure that security cooperation in Niger and the broader region is effectively coordinated with the diplomatic and development activities of the Department of State and the United States Agency for International Development.

(E) A description of the legal, operational, and fiscal authorities relating to the lines of effort of the Department in Niger and the broader region.

(F) An identification of measures to mitigate operational risk to and increase the preparedness of members of the Armed Forces conducting missions, operations, or activities in Niger or the broader region.

(G) An assessment of the command and support relationships of United States Africa Command with subordinate component commands, including Special Operations Command Africa.

(H) An identification and description of each implemented recommendation from the Army Regulation 15-6 investigation report conducted by United States Africa Command regarding the deaths of four soldiers in Niger on October 4, 2017.

(I) Any other matter the Secretary determines to be appropriate.

(2) SCOPE OF REPORT.—For purposes of the report required by paragraph (1), the term “broader region” includes Algeria, Libya, Chad, Cameroon, Nigeria, Benin, Burkina Faso, and Mali.

(b) Form.—The report required by subsection (a)(1) shall be submitted in unclassified form but may contain a classified annex.

SEC. 1299G. Briefing on Department of Defense Program to Protect United States Students Against Foreign Agents.

Not later than 240 days after the date of the enactment of this Act, the Secretary of Defense shall provide a briefing to the congressional defense committees on the program described in section 1277 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91), including an assessment on whether the program is beneficial to students interning, working part time, or in a program that will result in employment post-graduation with Department of Defense components and contractors.

SEC. 1299H. Report on Honduras, Guatemala, and El Salvador.

(a) In general.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Director of National Intelligence, shall submit to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a report regarding narcotics trafficking corruption and illicit campaign finance in Honduras, Guatemala, and El Salvador.

(b) Matters to be included.—The report required under subsection (a) shall include—

(1) the names of senior government officials in Honduras, Guatemala, and El Salvador who are known to have committed or facilitated acts of grand corruption or narcotics trafficking;

(2) the names of elected officials in Honduras, Guatemala, and El Salvador who are known to have received campaign funds that are the proceeds of narco-trafficking or other illicit activities in the last 2 years; and

(3) the names of individuals in Honduras, Guatemala, and El Salvador who are known to have facilitated the financing of political campaigns in any of the Northern Triangle countries with the proceeds of narco-trafficking or other illicit activities in the last 2 years.

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

SEC. 1299I. Report on countries and enemy groups against which the United States has taken military action.

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives and the Committee on Armed Services and the Committee on Foreign Relations of the Senate a report that identifies the nations, organizations, and persons against which the United States has taken military action pursuant to the Authorization for Use of Military Force (Public Law 107–40; 50 U.S.C. 1541 note).

SEC. 1299J. Importance of exchanges between the Department of State and the Department of Defense.

(a) Findings.—Congress finds the following:

(1) In a world with increasingly complex political and security challenges, bridging the gap between diplomacy and defense is more vital than ever to achieve United States strategic objectives abroad.

(2) Foreign missions are multifaceted, rapidly evolving, and interconnected.

(3) Emerging security issues demand that the United States Government be quick, agile, adaptable, comprehensive, and inclusive when navigating foreign partnerships.

(4) The interagency process continues to be the most efficient and effective means for the United States to quickly adjust to changing circumstances and leverage resources for securing its strategic objectives abroad.

(5) The Government Accountability Office has found that “effective interagency rotational assignments can achieve collaboration-related results”.

(b) Sense of Congress.—It is the sense of Congress that—

(1) United States Government personnel must be able to collaborate across departments and agencies to meet complex national security challenges;

(2) the United States needs to ensure that its foreign and defense policies are mutually supportive and find ways to most effectively align its strategies;

(3) exchange programs between the Department of State and Department of Defense are critical for strengthening the capacity of such Departments to promote regional stability around the world while protecting and promoting United States interests;

(4) Foreign Service officers serving as political advisors provide deep understanding of diplomatic dynamics and issues and can enable, through such exchange programs, the Department of Defense to make effective and sustained contributions to protecting and promoting United States interests; and

(5) in order to achieve such strategic, operational, and tactical successes, such Foreign Service officers should be embedded forward with Department of Defense personnel to the fullest extent practicable.

SEC. 1299K. Investigation to determine if coalition partners or United States military or intelligence personnel violated Federal law or Department of Defense policy while conducting operations in Yemen.

(a) In general.—The Secretary of Defense shall conduct an investigation to determine if coalition partners of the United States or members of the Armed Forces or intelligence personnel violated Federal law, the laws of armed conflict, or Department of Defense policy while conducting operations in Yemen.

(b) Matters to be included.—The investigation required under subsection (a) shall also seek to determine the following:

(1) Whether any Armed Forces or intelligence personnel interrogated Yemeni citizens in prisons within Yemen or provided questions to foreign personnel for use in such interrogations, and whether such interrogations or actions were consistent with United States law and policy.

(2) Whether any Armed Forces or intelligence personnel violated the prohibitions of section 362 of title 10, United States Code, while conducting operations in Yemen.

(3) Whether any United States coalition partners committed gross violations of internationally recognized human rights while conducting operations in Yemen that would make such coalition partners ineligible for any training, equipment, or other assistance for a unit of a foreign security force under section 362 of title 10, United States Code.

(4) Whether a waiver or exception has been granted to United States coalition partners under section 362 of title 10, United States Code, while conducting operations in Yemen.

(c) Report.—

(1) IN GENERAL.—Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report that contains the findings of the investigation required under this section.

(2) FORM.—The report required under this section shall be submitted in unclassified form, but may contain a classified annex

(d) Definitions.—In this subsection:

(1) COALITION PARTNERS.—The term “coalition partners” has the meaning given such term in paragraph (3) of section 948a of title 10, United States Code.

(2) GROSS VIOLATIONS OF INTERNATIONALLY RECOGNIZED HUMAN RIGHTS.—The term “gross violations of internationally recognized human rights” has the meaning given such term in subsection (d)(1) of section 502B of the Foreign Assistance Act of 1961 (22 U.S.C. 2304).

SEC. 1299L. Inclusion of influence operations in annual military reports to Congress.

(a) In general.—The Secretary of Defense shall modify the Department of Defense’s respective annual reports to Congress on the People’s Republic of China, the Russian Federation, and Iran to include influence operations as a matter to be included in such reports.

(b) Amendments to reports.— (1) Section 1202(b)(14) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; 10 U.S.C. 113 note) is amended by adding at the end before the period the following: “, including a description of efforts to use non-military tools, including diplomacy and political coercion, information operations, and economic pressure to gain influence in other countries and advance strategic objectives,”.

(2) Section 1245(b)(1) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84) is amended—

(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:

“(E) a description of efforts to use non-military tools, including diplomacy and political coercion, information operations, and economic pressure to gain influence in other countries and advance strategic objectives.”.

(3) Section 1245(b) of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3566) is amended by adding at the end the following:

“(23) A description of efforts of Russia to use non-military tools, including diplomacy and political coercion, information operations, and economic pressure to gain influence in other countries and advance strategic objectives.”.

SEC. 1299M. Limitation on availability of funds to implement the Arms Trade Treaty.

(a) In general.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for the Department of Defense may be obligated or expended to fund a Secretariat or any other international organization established to support the implementation of the Arms Trade Treaty, to sustain domestic prosecutions based on any charge related to the Treaty, or to implement the Treaty until the Senate approves a resolution of ratification for the Treaty and implementing legislation for the Treaty has been enacted into law.

(b) Rule of construction.—Nothing in this section shall be construed to preclude the Department of Defense from assisting foreign countries in bringing their laws, regulations, and practices related to export control up to United States standards.

SEC. 1299N. Security cooperation with Eritrea.

Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense in consultation with the Secretary of State, shall submit to the congressional defense committees a report on the potential strategic benefits and risks of conducting security cooperation with the Government of Eritrea, including benefits and risks with respect to each of the following:

(1) Counterterrorism efforts.

(2) The security situation in the Horn of Africa, the Red Sea region, and Yemen.

(3) Other national security priorities of the United States.

subtitle GMatters relating to Burma

SEC. 1299O–1. Limitation on security assistance and security cooperation.

(a) Limitation on military and security sector cooperation.—Except as provided in subsection (b) or subsection (e), for the 8-year period beginning on the date of the enactment of this Act, the United States may not provide security assistance or engage in security cooperation with the military or security forces of Burma until the date on which the Secretary of State certifies to the appropriate congressional committees with respect to security assistance, as such term is defined in section 502B(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2304(d)), or, in consultation with the Secretary of Defense, with respect to security cooperation programs and activities of the Department of Defense, as such term is defined in section 301 of title 10, United States Code, as applicable, that the military and security forces of Burma have demonstrated significant progress in abiding by international human rights standards and are undertaking meaningful and significant security sector reform, including reforms that enhance transparency and accountability, to prevent future abuses, such as—

(1) the Burmese military and security forces adhere to international humanitarian law, demonstrate significant progress in abiding by international standards for human rights, and pledge to stop future human rights abuses;

(2) the Burmese military and security forces support efforts to carry out meaningful and comprehensive investigations of alleged abuses and are taking steps to hold accountable those members of such military and security forces responsible for human rights abuses;

(3) the Government of Burma, including the military and security forces, allow immediate and unfettered humanitarian access to communities in areas affected by conflict, including Rohingya communities in the State of Rakhine;

(4) the Government of Burma, including the military and security forces, cooperates with the United Nations High Commissioner for Refugees and organizations affiliated with the United Nations to ensure the protection of displaced persons and the safe, voluntary, and dignified return of refugees and internally displaced persons;

(5) the Burmese military and security forces cease their attacks against ethnic minority groups and constructively participate in the conclusion of a credible, nationwide ceasefire agreement, political accommodation, and constitutional change, including the restoration of the citizenship of the Rohingya;

(6) the Government of Burma, including the military and security forces, defines a transparent plan with a timeline for professionalizing the military and security forces and includes a process by which the military withdraws from private-sector business enterprises and ceases involvement in the illegal trade in natural resources and narcotics; or

(7) the Government of Burma establishes effective civilian control over the finances of its military and security forces, including by ensuring that the military does not have access to off-budget income and that military expenditures are subject to adequate civilian oversight.

(b) Exceptions.—

(1) CERTAIN EXISTING AUTHORITIES.—The Secretary of Defense shall retain the authority granted by section 1253 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (22 U.S.C. 2151 note) and is authorized to provide the Government of Burma with assistance necessary to make available the activities described in subsection (a) of such section.

(2) HOSPITALITY.—The Secretary of State and the United States Agency for International Development may provide assistance authorized under part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) to provide hospitality during research, dialogues, meetings, or other activities by the parties attending the Union Peace Conference 21st Century Panglong or related processes seeking inclusive, sustainable reconciliation.

(c) Military reform.—The certification required under subsection (a) shall include a written justification in unclassified form that may contain a classified annex describing the Burmese military’s efforts to implement reforms, end impunity for human rights abuses, and increase transparency and accountability.

(d) Report.—

(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense and the Secretary of State shall submit to the appropriate congressional committees a report, in unclassified form with a classified annex, on the strategy and plans for military-to-military engagement between the United States Armed Forces and the military and security forces of Burma.

(2) ELEMENTS.—The report required under paragraph (1) shall include the following elements:

(A) A description and assessment of the Government of Burma’s strategy for security sector reform, including plans to withdraw the military from owning or controlling private-sector business entities and end involvement in the illicit trade in jade and other natural resources, reforms to end corruption and illicit drug trafficking, and constitutional reforms to ensure civilian control.

(B) A list of ongoing military activities conducted by the United States Government with the Government of Burma, and a description of the United States strategy for future military-military engagements between the United States and Burma’s military and security forces, including the military of Burma, the Burma Police Force, and armed ethnic groups.

(C) An assessment of the progress of the military and security forces of Burma towards developing a framework to implement human right reforms, including—

(i) cooperation with civilian authorities to investigate and prosecute cases of serious, credible, or gross human rights abuses;

(ii) steps taken to demonstrate respect for and implementation of the laws of war; and

(iii) a description of the elements of the military-to-military engagement between the United States and Burma that promote such implementation.

(D) An assessment of progress on the peaceful settlement of armed conflicts between the Government of Burma and ethnic minority groups, including actions taken by the military of Burma to adhere to cease-fire agreements, allow for safe and voluntary returns of displaced persons to their homes, and withdraw forces from conflict zones.

(E) An assessment of the Burmese’s military recruitment and use of children as soldiers.

(F) An assessment of the Burmese’s military’s use of violence against women, sexual violence, or other gender-based violence as a tool of terror, war, or ethnic cleansing.

(e) Waiver.—

(1) IN GENERAL.—The Secretary of State, with respect to security assistance, and the Secretary of Defense in consultation with the Secretary of State, with respect to security cooperation programs and activities of the Department of Defense, may waive on a case-by-case basis the application of the limitation under subsection (a) if the Secretary submits to the appropriate congressional committees, not later than 30 days before such waiver enters into effect—

(A) a list of the activities and participants to which such waiver would apply;

(B) a certification, including a justification, that the waiver is in the national interest of the United States; and

(C) a certification that none of the participants listed pursuant to subparagraph (A) have committed any of the acts described in section 12_2(a)(1)(A) or 12_2(a)(1)(B) or committed any other gross violation of human rights, as such term is defined for purposes of section 362 of title 10, United States Code.

SEC. 1299O–2. Imposition of sanctions with respect to certain foreign persons.

(a) In general.—For the 8-year period beginning on the date that is 270 days after the date of the enactment of this Act, the President shall impose the sanctions described in subsection (b) with respect to each foreign person that the President determines—

(1) is a current or former senior official of the military or security forces of Burma who knowingly—

(A) perpetrated or is responsible for ordering or otherwise directing serious human rights abuses in Burma; or

(B) has taken significant steps to impede investigations or prosecutions of serious human rights abuses allegedly committed by one or more subordinates of such official, including against the Rohingya community in the state of Rakhine;

(2) is an entity owned or controlled by any person described in paragraph (1);

(3) has knowingly provided or received significant financial, material, or technological support to or from a foreign person, including the immediate family members of such person, described in paragraph (1) for any of the acts described in subparagraph (A) or (B) of such paragraph.

(b) Sanctions.—The sanctions described in this section are the following:

(1) ASSET BLOCKING.—Notwithstanding the requirements of section 202 of the International Emergency Economic Powers Act (50 U.S.C. 1701), the exercise of all powers granted to the President by such Act to the extent necessary to block and prohibit all transactions in all property and interests in property of a person the President determines meets one or more of the criteria described in subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.

(2) ALIENS INELIGIBLE FOR VISAS, ADMISSION, OR PAROLE.—

(A) VISAS, ADMISSION, OR PAROLE.—An alien who the Secretary of State or the Secretary of Homeland Security (or a designee of one of such Secretaries) knows, or has reason to believe, meets any of the criteria described in subsection (a) is—

(i) inadmissible to the United States;

(ii) ineligible to receive a visa or other documentation to enter the United States; and

(iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).

(B) CURRENT VISAS REVOKED.—

(i) IN GENERAL.—The issuing consular officer, the Secretary of State, or the Secretary of Homeland Security (or a designee of one of such Secretaries) shall revoke any visa or other entry documentation issued to an alien who meets any of the criteria described in subsection (a) regardless of when issued.

(ii) EFFECT OF REVOCATION.—A revocation under clause (i)—

(I) shall take effect immediately; and

(II) shall automatically cancel any other valid visa or entry documentation that is in the alien’s possession.

(3) EXCEPTION TO COMPLY WITH UNITED NATIONS HEADQUARTERS AGREEMENT.—Sanctions under paragraph (2) shall not apply to an alien if admitting the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations.

(4) EXCEPTION WITH RESPECT TO THE IMPORTATION OF GOODS.—The authorities and requirements to impose sanctions under this section shall not include any authority or requirement to impose sanctions with respect to the importation of goods, as such term is defined in section 16 of the Export Administration Act of 1979 (50 U.S.C. 4618) (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)).

(c) Penalties.—Any person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out subsection (b) shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section.

(d) Implementation.—The President may exercise the authorities provided under section 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section.

(e) Waiver.—

(1) IN GENERAL.—The President may annually waive the application of sanctions required by subsection (a) with respect to a person if the President—

(A) determines that such waiver is in the national interest of the United States; and

(B) not later than the date on which such waiver will take effect, submits to the congressional committees listed in paragraph (2) a notice of and justification for such waiver.

(2) CONGRESSIONAL COMMITTEES LISTED.—The congressional committees listed in this paragraph are the following:

(A) The Committee on Foreign Affairs, the Committee on Appropriations, and the Committee on Financial Services of the House of Representatives.

(B) The Committee on Foreign Relations, the Committee on Appropriations, and the Committee on Banking, Housing, and Urban Affairs of the Senate.

(f) Definitions.—In this section:

(1) ADMITTED; ALIEN.—The terms “admitted” and “alien” have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1001).

(2) FOREIGN PERSON.—The term “foreign person” means a person that is not a United States person.

(3) KNOWINGLY.—The term “knowingly” means, with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result.

(4) UNITED STATES PERSON.—The term “United States person” means—

(A) a United States citizen, an alien lawfully admitted for permanent residence to the United States, or any other individual subject to the jurisdiction of the United States; or

(B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such entity.

SEC. 1299O–3. Responsibility and transparency in the mining sector.

(a) List of participating entities.—

(1) IN GENERAL.—Not later than 120 days after the date of the enactment of this Act, and not less than annually thereafter until the date described in subsection (e), the Secretary of State shall submit to the appropriate congressional committees a list of the entities described in each of subparagraphs (A) and (B) of paragraph (2) that—

(A) participate in Burma’s mining sector;

(B) meet the criterion described in subsection (b)(1); and

(C) meet or have made significant progress towards meeting the criteria in subsections (b)(2) through (b)(5).

(2) ENTITIES DESCRIBED.—The entities described in this paragraph are the following:

(A) Entities that produce or process precious and semiprecious gemstones.

(B) Entities that sell or export precious and semiprecious gemstones from Burma or articles of jewelry containing such gemstones.

(b) Criteria described.—The criteria described in this subsection are the following with respect to an entity:

(1) The entity publicly discloses beneficial ownership, as such term is defined for purposes of the Myanmar Extractive Industry Transparency Initiative (Myanmar EITI), and the entity is not owned or controlled, either directly or indirectly, by the Burmese military or security forces, any current or former senior Burmese military officer, or any person sanctioned by the United States pursuant to any relevant sanctions authority.

(2) The entity publicly discloses any politically exposed persons, as defined by the Myanmar EITI, who are beneficial owners, as defined under the Myanmar EITI.

(3) The entity publicly discloses valid authorization, license, or permit to produce, process, sell, or export minerals or gemstones, as applicable.

(4) The entity publicly discloses payments to the Government of Burma, including tax and non-tax, license, or royalty payments, and other payments or contract terms as may be required under Myanmar Extractive Industry Transparency Initiative standards.

(5) The entity undertakes robust due diligence, in line with the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas, including public reporting.

(c) Publication of list.—The Secretary of State shall publish the list under subsection (a) and shall periodically update such list as appropriate.

(d) Guidance.—The Secretary of State shall issue guidance to relevant companies regarding supply-chain due diligence best practices applicable to importation of gemstones or minerals that may be of Burmese origin or articles of jewelry containing such gemstones to mitigate the potential risks associated with the importation of such items.

(e) Termination.—The requirement under subsection (a) shall terminate on the date on which the President certifies to the appropriate congressional committees that the Government of Burma has taken substantial measures to reform the mining sector in Burma, including the following:

(1) Requiring the mandatory disclosure of payments, permit and license allocations, project revenues, relevant contract terms, and beneficial ownership, including identifying any politically exposed persons who are beneficial owners, consistent with the approach agreed under the Myanmar EITI and with due regard for civil society participation.

(2) Separating the commercial, regulatory, and revenue collection responsibilities within the Myanmar Gems Enterprise and other key state-owned enterprises to remove existing conflicts of interest.

(3) Monitoring and undertaking enforcement actions, as warranted, to ensure that entities fully adhere to environmental and social impact assessment and management standards in accordance with international responsible mining practices, the country’s environmental conservation law and other applicable laws and regulations, and that they uphold occupational health and safety standards and codes of conduct that are aligned with the core labor standards of the International Labour Organisation and domestic law.

(4) Actively seeking a comprehensive peace agreement that addresses the transparent and fair distribution of benefits from natural resources, including local benefit-sharing, taking into consideration proposals on fiscal federalism for new governance arrangements in resource-rich regions.

(5) Implementing on a timely basis policy reforms aligned with the recommendations of the multi-stakeholder Jade and Gemstone Support Committee and reporting regularly on such reforms.

(6) Reforming the process for valuation of gemstones at the mine-site, including developing an independent valuation system to prevent undervaluation and tax evasion.

(7) Requiring companies bidding for jade and ruby permits to be independently audited upon the request of Myanmar Gems Enterprise or the Minister of Natural Resources and Environmental Conservation, and making the results of all such audits public.

(8) Establishing a credible and transparent permitting process that closely scrutinizes applicants, including based on past performance, and prevents unscrupulous entities from gaining authorized access to concessions or the right to trade in minerals or gemstones.

(9) Establishing effective oversight of state-owned enterprises operating in such sector, including through parliamentary oversight or requirements for independent financial auditing.

SEC. 1299O–4. Determination and report on accountability for ethnic cleansing, crimes against humanity, and genocide in Burma.

(a) In general.—Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report that—

(1) describes—

(A) allegations of ethnic cleansing, crimes against humanity, and genocide in Burma; and

(B) potential transitional justice mechanisms in Burma; and

(2) includes a determination whether the events that took place in the state of Rakhine in Burma, starting on August 25, 2017, constitute ethnic cleansing, crimes against humanity, or genocide.

(b) Elements.—The report required under subsection (a) shall include—

(1) a description of—

(A) incidents that may constitute ethnic cleansing, crimes against humanity, or genocide committed by the Burmese military against the Rohingya minority and the identities of any other actors involved in such incidents;

(B) the role of the civilian government in the commission of such incidents;

(C) incidents that may constitute ethnic cleansing, crimes against humanity, or genocide committed by violent extremist groups or anti-government forces;

(D) incidents that may violate the principle of medical neutrality and, to the extent possible, the identities of any individuals who engaged in or organized such incidents; and

(E) to the extent possible, a description of the conventional and unconventional weapons used for such crimes and the sources of such weapons;

(2) a description and assessment by the Department of State, the United States Agency for International Development, the Department of Justice, and other appropriate Federal departments and agencies of programs that the United States has already undertaken or is planning to undertake to ensure accountability for ethnic cleansing, crimes against humanity, and genocide perpetrated against the Rohingya by the military and security forces of Burma, the state government of Rakhine, Buddhist militias, and all other armed groups fighting in Rakhine, including programs to—

(A) train civilian investigators within and outside of Burma and Bangladesh on how to document, investigate, develop findings of, and identify and locate alleged perpetrators of ethnic cleansing, crimes against humanity, or genocide in Burma;

(B) promote and prepare for a transitional justice process or processes for the perpetrators of ethnic cleansing, crimes against humanity, and genocide occurring in the State of Rakhine in 2017; and

(C) document, collect, preserve, and protect evidence of ethnic cleansing, crimes against humanity, and genocide in Burma, including by providing support for Burmese, Bangladeshi, foreign, and international nongovernmental organizations, the United Nations Human Rights Council’s investigative team, and other entities engaged in such investigative activities; and

(3) a detailed study of the feasibility and desirability of potential transitional justice mechanisms for Burma, including a hybrid tribunal, to address ethnic cleansing, crimes against humanity, and genocide perpetrated in Burma, including recommendations on which transitional justice mechanisms the United States should support, why such mechanisms should be supported, and what type of support should be offered.

(c) Protection of witnesses and evidence.—The Secretary of State shall take due care to ensure that the identification of witnesses and physical evidence are not publicly disclosed in a manner that might place such persons at risk of harm or encourage the destruction of evidence by the Government of Burma.

(d) Authorization to provide technical assistance.—

(1) IN GENERAL.—The Secretary of State is authorized to provide assistance to support appropriate entities that are undertaking the efforts described in paragraph (2) with respect to ethnic cleansing, crimes against humanity, and genocide perpetrated by the military and security forces of Burma, the state government of Rakhine, Buddhist militias, and all other armed groups fighting in Rakhine State.

(2) EFFORTS AGAINST HUMAN RIGHTS ABUSES.—The efforts described in this paragraph are the following:

(A) Identifying suspected perpetrators of ethnic cleansing, crimes against humanity, and genocide.

(B) Collecting, documenting, and protecting evidence of such crimes and preserve the chain of custody for such evidence.

(C) Conducting criminal investigations.

(D) Supporting investigations conducted by other countries, as appropriate.

(3) ADDITIONAL SUPPORT.—The Secretary of State, taking into account any relevant findings in the report required by subsection (a), is authorized to support the creation and operation of transitional justice mechanisms, including a potential hybrid tribunal, to prosecute individuals suspected of committing ethnic cleansing, crimes against humanity, or genocide in Burma.

SEC. 1299O–5. Appropriate congressional committees.

In this subtitle, the term “appropriate congressional committees” means—

(1) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and

(2) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.

TITLE XIIICooperative Threat Reduction

SEC. 1301. Funding allocations.

Of the $335,240,000 authorized to be appropriated to the Department of Defense for fiscal year 2019 in section 301 and made available by the funding table in division G for the Department of Defense Cooperative Threat Reduction Program established under section 1321 of the Department of Defense Cooperative Threat Reduction Act (50 U.S.C. 3711), the following amounts may be obligated for the purposes specified:

(1) For strategic offensive arms elimination, $2,823,000.

(2) For chemical weapons destruction, $5,446,000.

(3) For global nuclear security, $29,001,000.

(4) For cooperative biological engagement, $197,585,000.

(5) For proliferation prevention, $74,937,000.

(6) For activities designated as Other Assessments/Administrative Costs, $25,448,000.

SEC. 1302. Specification of cooperative threat reduction funds.

Funds appropriated pursuant to the authorization of appropriations in section 301 and made available by the funding table in division G for the Department of Defense Cooperative Threat Reduction Program shall be available for obligation for fiscal years 2019, 2020, and 2021.

TITLE XIVOther authorizations

subtitle AMilitary programs

SEC. 1401. Working capital funds.

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 providing capital for working capital and revolving funds, as specified in the funding table in section 7501.

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

(a) Authorization of appropriations.—Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2019 for expenses, not otherwise provided for, for Chemical Agents and Munitions Destruction, Defense, as specified in the funding table in section 7501.

(b) Use.—Amounts authorized to be appropriated under subsection (a) are authorized for—

(1) the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521); and

(2) the destruction of chemical warfare materiel of the United States that is not covered by section 1412 of such Act.

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

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2019 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, as specified in the funding table in section 7501.

SEC. 1404. Defense inspector general.

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2019 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense, as specified in the funding table in section 7501.

SEC. 1405. Defense health program.

Funds are hereby authorized to be appropriated for fiscal year 2019 for the Defense Health Program for use of the Armed Forces and other activities and agencies of the Department of Defense for providing for the health of eligible beneficiaries, as specified in the funding table in section 7501.

SEC. 1406. National defense sealift fund.

Funds are hereby authorized to be appropriated for fiscal year 2019 for the National Defense Sealift Fund, as specified in the funding tables in section 7501.

subtitle BOther 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.

(a) Authority for transfer of funds.—Of the funds authorized to be appropriated by section 1405 and available for the Defense Health Program for operation and maintenance, $113,000,000 may be transferred by the Secretary of Defense to the Joint Department of Defense–Department of Veterans Affairs Medical Facility Demonstration Fund established by subsection (a)(1) of section 1704 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2571). For purposes of subsection (a)(2) of such section 1704, any funds so transferred shall be treated as amounts authorized and appropriated specifically for the purpose of such a transfer.

(b) Use of transferred funds.—For the purposes of subsection (b) of such section 1704, facility operations for which funds transferred under subsection (a) may be used are operations of the Captain James A. Lovell Federal Health Care Center, consisting of the North Chicago Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and supporting facilities designated as a combined Federal medical facility under an operational agreement covered by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4500).

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

There is hereby authorized to be appropriated for fiscal year 2019 from the Armed Forces Retirement Home Trust Fund the sum of $64,300,000 for the operation of the Armed Forces Retirement Home.

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

Section 1412(j) of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521(j)) is amended—

(1) in the heading, by striking “Semiannual Reports” and inserting “Quarterly briefing”;

(2) in paragraph (1)—

(A) by striking “March 1” and all that follows through “the year in which” and inserting “90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2019, and every 90 days thereafter until”;

(B) by striking “submit to” and inserting “brief”;

(C) by striking “a report on the implementation” and inserting “on the progress made”; and

(D) by striking “of its chemical weapons destruction obligations” and inserting “toward fulfilling its chemical weapons destruction obligations”; and

(3) by striking paragraph (2) and inserting the following:

“(2) Each briefing under paragraph (1) shall include a description of contractor costs and performance relative to schedule, the progress to date toward the complete destruction of the stockpile, and any other information the Secretary determines to be relevant.”.

TITLE XVAuthorization of Additional Appropriations for Overseas Contingency Operations

subtitle AAuthorization of appropriations

SEC. 1501. Purpose of certain authorizations of appropriations.

The purpose of this subtitle is to authorize appropriations for the Department of Defense for fiscal year 2019 to provide additional funds for overseas contingency operations being carried out by the Armed Forces.

SEC. 1502. Procurement.

Funds are hereby authorized to be appropriated for fiscal year 2019 for procurement accounts for the Army, the Navy and the Marine Corps, the Air Force, and Defense-wide activities, as specified in the funding table in section 7102.

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

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 7202.

SEC. 1504. Operation and maintenance.

Funds are hereby authorized to be appropriated for fiscal year 2019 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, as specified in the funding table in section 7302.

SEC. 1505. Military personnel.

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 7402.

SEC. 1506. Working capital funds.

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 providing capital for working capital and revolving funds, as specified in the funding table in section 7502.

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

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2019 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, as specified in the funding table in section 7502.

SEC. 1508. Defense inspector general.

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2019 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense, as specified in the funding table in section 7502.

SEC. 1509. Defense health program.

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2019 for expenses, not otherwise provided for, for the Defense Health Program, as specified in the funding table in section 7502.

subtitle BFinancial matters

SEC. 1511. Treatment as additional authorizations.

The amounts authorized to be appropriated by this title are in addition to amounts otherwise authorized to be appropriated by this Act.

SEC. 1512. Special transfer authority.

(a) Authority To transfer authorizations.—

(1) AUTHORITY.—Upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this title for fiscal year 2019 between any such authorizations for that fiscal year (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred.

(2) LIMITATION.—The total amount of authorizations that the Secretary may transfer under the authority of this subsection may not exceed $4,500,000,000.

(b) Terms and conditions.—Transfers under this section shall be subject to the same terms and conditions as transfers under section 1001.

(c) Additional authority.—The transfer authority provided by this section is in addition to the transfer authority provided under section 1001.

subtitle CLimitations, reports, and other matters

SEC. 1521. Afghanistan Security Forces Fund.

(a) Continuation of prior authorities and notice and reporting requirements.—Funds available to the Department of Defense for the Afghanistan Security Forces Fund for fiscal year 2019 shall be subject to the conditions contained in subsections (b) through (g) of section 1513 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 428), as amended by section 1531(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4424).

(b) Equipment disposition.—

(1) ACCEPTANCE OF CERTAIN EQUIPMENT.—Subject to paragraph (2), the Secretary of Defense may accept equipment that is procured using amounts in the Afghanistan Security Forces Fund authorized under this Act and is intended for transfer to the security forces of Afghanistan, but is not accepted by such security forces.

(2) CONDITIONS ON ACCEPTANCE OF EQUIPMENT.—Before accepting any equipment under the authority provided by paragraph (1), the Commander of United States forces in Afghanistan shall make a determination that the equipment was procured for the purpose of meeting requirements of the security forces of Afghanistan, as agreed to by both the Government of Afghanistan and the United States, but is no longer required by such security forces or was damaged before transfer to such security forces.

(3) ELEMENTS OF DETERMINATION.—In making a determination under paragraph (2) regarding equipment, the Commander of United States forces in Afghanistan shall consider alternatives to Secretary of Defense acceptance of the equipment. An explanation of each determination, including the basis for the determination and the alternatives considered, shall be included in the relevant quarterly report required under paragraph (5).

(4) TREATMENT AS DEPARTMENT OF DEFENSE STOCKS.—Equipment accepted under the authority provided by paragraph (1) may be treated as stocks of the Department of Defense upon notification to the congressional defense committees of such treatment.

(5) QUARTERLY REPORTS ON EQUIPMENT DISPOSITION.—

(A) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act and every 90-day period thereafter during which the authority provided by paragraph (1) is exercised, the Secretary of Defense shall submit to the congressional defense committees a report describing the equipment accepted during the period covered by such report under the following:

(i) This subsection.

(ii) Section 1521(b) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1711).

(iii) Section 1521(b) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2575).

(iv) Section 1531(b) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1088).

(v) Section 1532(b) of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3613).

(vi) Section 1531(d) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 938; 10 U.S.C. 2302 note).

(B) ELEMENTS.—Each report under subparagraph (A) shall include a list of all equipment that was accepted during the period covered by the report and treated as stocks of the Department of Defense and copies of the determinations made under paragraph (2), as required by paragraph (3).

(c) Security of Afghan women.—

(1) IN GENERAL.—Of the funds available to the Department of Defense for the Afghanistan Security Forces Fund for fiscal year 2019, it is the goal that $18,000,000, but in no event less than $10,000,000, shall be used for—

(A) the recruitment, integration, retention, training, and treatment of women in the Afghan National Defense and Security Forces; and

(B) the recruitment, training, and contracting of female security personnel for future elections.

(2) TYPES OF PROGRAMS AND ACTIVITIES.—Such programs and activities may include—

(A) efforts to recruit women into the Afghan National Defense and Security Forces, including the special operations forces;

(B) programs and activities of the Afghan Ministry of Defense Directorate of Human Rights and Gender Integration and the Afghan Ministry of Interior Office of Human Rights, Gender and Child Rights;

(C) development and dissemination of gender and human rights educational and training materials and programs within the Afghan Ministry of Defense and the Afghan Ministry of Interior;

(D) efforts to address harassment and violence against women within the Afghan National Defense and Security Forces;

(E) improvements to infrastructure that address the requirements of women serving in the Afghan National Defense and Security Forces, including appropriate equipment for female security and police forces, and transportation for policewomen to their station;

(F) support for Afghanistan National Police Family Response Units; and

(G) security provisions for high-profile female police and army officers.

(d) Assessment of Afghanistan progress on security cooperation objectives.—

(1) ASSESSMENT REQUIRED.—Not later than June 1, 2019, the Secretary of Defense shall, in consultation with the Secretary of State, submit to the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives and the Committee on Armed Services and the Committee on Foreign Relations of the Senate an assessment describing the efforts of the Government of the Islamic Republic of Afghanistan to manage, employ, and sustain the equipment and inventory provided through the authority under subsection (a). In conducting such assessment, the Secretary of Defense shall consider each of the following:

(A) The ability of the Afghanistan Ministry of Defense and the Ministry of Interior to manage and account for previously-divested equipment, including a description of any vulnerabilities or weaknesses of each such Ministry’s internal controls and any plan in place to address shortfalls.

(B) A description of the monitoring and evaluation systems in place to ensure assistance provided through such authority is used only for the intended purposes.

(C) Any irregularities in the divestment of equipment to the Afghan National Defense and Security Forces during the period beginning on the date of the creation of the Afghanistan Security Forces Fund, including any major losses of such equipment or any inability on the part of the Afghan National Defense and Security Forces to account for equipment so procured.

(D) A description of the sustainment and maintenance costs required for major weapons platforms previously divested, over the 5-year period beginning on the date of the enactment of this Act and a plan for how the Afghan National Defense and Security Forces intends to maintain such platforms in the future.

(E) An assessment of the distribution practices of the Afghan National Defense and Security Forces, including the manner in which equipment received through the Afghanistan Security Forces Fund is employed.

(F) The degree to which the Government of Afghanistan is effectively implementing an anti-corruption strategy.

(G) The extent to which the Government of Afghanistan is adhering to conditions for receiving assistance established in annual financial commitment letters or any other bilateral agreements with the United States.

(2) WITHHOLDING OF ASSISTANCE FOR INSUFFICIENT PROGRESS.—

(A) IN GENERAL.—If the Secretary of Defense determines, in consultation with the Secretary of State and taking into consideration the assessment under paragraph (1), that the Government of Afghanistan has made insufficient progress toward maintaining and employing equipment provided by the United States, the Secretary of Defense may withhold assistance for the Afghan National Defense and Security Forces under this section until such time as the Secretary determines sufficient progress has been made.

(B) NOTICE TO CONGRESS.—The Secretary of Defense shall, in coordination with the Secretary of State, provide notice to Congress—

(i) not later than 30 days after making a decision to withhold assistance pursuant to subparagraph (A); and

(ii) not later than 30 days before resuming any such assistance pursuant to such subparagraph.

SEC. 1522. Joint Improvised-Threat Defeat Fund.

(a) Use and transfer of funds.—Subsections (b) and (c) of section 1514 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2439), as in effect before the amendments made by section 1503 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4649), shall apply to the funds made available for fiscal year 2019 to the Department of Defense for the Joint Improvised-Threat Defeat Fund.

(b) Interdiction of Improvised Explosive Device Precursor Chemicals.—

(1) AVAILABILITY OF FUNDS.—Of the funds made available to the Department of Defense for the Joint Improvised-Threat Defeat Fund for fiscal year 2019, $15,000,000 may be available to the Secretary of Defense, with the concurrence of the Secretary of State, to provide training, equipment, supplies, and services to ministries and other entities of foreign governments that the Secretary has identified as critical for countering the flow of improvised explosive device precursor chemicals.

(2) PROVISION THROUGH OTHER US AGENCIES.—If jointly agreed upon by the Secretary of Defense and the head of another department or agency of the United States Government, the Secretary of Defense may transfer funds available under paragraph (1) to such department or agency for the provision by such department or agency of training, equipment, supplies, and services to ministries and other entities of foreign governments as described in that paragraph.

(3) NOTICE TO CONGRESS.—None of the funds made available pursuant to paragraph (1) may be obligated or expended to supply training, equipment, supplies, or services to a foreign country before the date that is 15 days after the date on which the Secretary of Defense, in coordination with the Secretary of State, submits to the Committee on Armed Services and the Committee on Foreign Relations of the Senate and the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives a notice that contains—

(A) the foreign country for which training, equipment, supplies, or services are proposed to be supplied;

(B) a description of the training, equipment, supplies, and services to be provided using such funds;

(C) a detailed description of the amount of funds proposed to be obligated or expended to supply such training, equipment, supplies or services, including any funds proposed to be obligated or expended to support the participation of another department or agency of the United States and a description of the training, equipment, supplies, or services proposed to be supplied;

(D) an evaluation of the effectiveness of the efforts of the foreign country identified under subparagraph (A) to counter the flow of improvised explosive device precursor chemicals; and

(E) an overall plan for countering the flow of precursor chemicals in the foreign country identified under subparagraph (A).

(4) EXPIRATION.—The authority provided by this subsection expires on December 31, 2019.

(c) Transition plan required.—Not later than March 1, 2019, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a plan to transition funding for the Joint Improvised-Threat Defeat Fund from amounts made available for overseas contingency operations to amounts otherwise made available for the purposes of such Fund.

SEC. 1523. Separate account lines for overseas contingency operations funds.

For accountability and transparency purposes, the Director of the Office of Management and Budget and the Secretary of Defense shall establish separate accounts to ensure that amounts authorized to be appropriated pursuant to this title are administered separately from amounts otherwise authorized to be appropriated or made available for the Department of Defense.

SEC. 1524. Enduring costs funded through overseas contingency operations.

Beginning with the submission of the annual budget for fiscal year 2020, and for each fiscal year thereafter, the Secretary of Defense shall submit to Congress, as a part of the documentation that supports the President’s annual budget for the Department of Defense for such fiscal year (as submitted to Congress under section 1105 of title 31, United States Code), an estimate for the costs of operations currently supported in part or in whole by funding for overseas contingency operations that are likely to continue beyond such contingency. The Secretary shall ensure that each estimate is consistent with the recommendations included in the Government Accountability Report entitled “Overseas Contingency Operations: OMB and DOD Should Revise the Criteria for Determining Eligible Costs and Identify the Costs Likely to Endure Long Term” published January 18, 2017.

SEC. 1525. Comptroller General report on use of funds provided by Overseas Contingency Operations.

(a) Report.—Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on how funds authorized to be appropriated for fiscal year 2018 for overseas contingency operations were obligated.

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

TITLE XVIStrategic Programs, Cyber, and Intelligence Matters

subtitle ASpace Activities

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

(a) Plan for acquisition system.—

(1) DEVELOPMENT.—The Deputy Secretary of Defense shall develop a plan to establish a separate, alternative acquisition system for defense space acquisitions, including with respect to procuring space vehicles, ground segments relating to such vehicles, and satellite terminals.

(2) REQUIREMENTS PROCESS.—The plan developed under paragraph (1) shall include recommendations of the Deputy Secretary with respect to whether the separate, alternative acquisition system described in the plan should use the Joint Capabilities Integration and Development System process or instead use a new requirements process developed by the Deputy Secretary in a manner that ensures that requirements for a program are synchronized across the space vehicles, ground segments relating to such vehicles, and satellite terminals, of the program.

(3) EXCEPTION.—The plan developed under paragraph (1) shall cover defense space acquisitions except with respect to the National Reconnaissance Office and other elements of the Department of Defense that are elements of the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)).

(4) SUBMISSION.—Not later than December 31, 2019, the Deputy Secretary shall submit to the congressional defense committees a report containing the plan developed under paragraph (1).

(b) Cadre development.—

(1) PLAN.—

(A) DEVELOPMENT.—The Secretary of the Air Force shall develop and implement a plan to increase the number and improve the quality of the space cadre of the Air Force.

(B) MATTERS INCLUDED.—The plan developed under subparagraph (A) shall address the following:

(i) Managing the career progression of members of the Armed Forces and civilian employees of the Department who form the space cadre of the Air Force throughout the military or civilian career of the member or the employee, as the case may be, including with respect to—

(I) defining career professional milestones;

(II) pay and incentive structures;

(III) the management and oversight of the space cadre;

(IV) training relating to planning and executing warfighting missions and operations in space;

(V) conducting periodic cadre-wide professional assessments to determine how the cadre is developing as a group; and

(VI) establishing a centralized method to control personnel assignments and distribution.

(ii) The identification of future space-related career fields that the Secretary determines appropriate, including a space acquisition career field.

(iii) The identification of any overlap that exists among operations and acquisitions career fields to determine opportunities for cross-functional career opportunities.

(C) SUBMISSION.—Not later than March 1, 2019, the Secretary shall submit to the congressional defense committees a report containing the plan developed under subparagraph (A).

(2) NUMBERED AIR FORCE.—

(A) ESTABLISHMENT.—Not later than December 31, 2019, the Secretary of the Air Force shall establish as part of the Air Force a new numbered Air Force that is—

(i) responsible for carrying out space warfighting operations; and

(ii) assigned to the United States Space Command established by section 169 of title 10, United States Code, as added by subsection (c).

(B) EFFECT ON 14TH AIR FORCE.—The establishment of a new numbered Air Force under subparagraph (A) shall not effect the space support mission of the 14th Air Force, including with respect to—

(i) space launches, training, and exercises; and

(ii) being assigned to the Air Force Space Command.

(C) PLAN.—Not later than December 31, 2019, the Secretary shall submit to the congressional defense committees a plan to establish the new numbered Air Force under subparagraph (A).

(c) Establishment of subordinate unified command.—

(1) IN GENERAL.—Chapter 6 of title 10, United States Code, is amended by adding at the end the following new section:

§ 169. Subordinate unified command of the United States Strategic Command

“(a) Establishment.—With the advice and assistance of the Chairman of the Joint Chiefs of Staff, the President, through the Secretary of Defense, shall establish under the United States Strategic Command a subordinate unified command to be known as the United States Space Command (in this section referred to as ‘space command’) for carrying out joint space warfighting operations.

“(b) Assignment of forces.—Unless otherwise directed by the Secretary of Defense, all active and reserve space warfighting operational forces of the armed forces shall be assigned to the space command, including the numbered Air Force responsible for carrying out space warfighting operations.

“(c) Commander.— (1) The commander of the space command shall hold the grade of general or, in the case of an officer of the Navy, admiral while serving in that position, without vacating the permanent grade of the officer. The commander shall be appointed to that grade by the President, by and with the advice and consent of the Senate, for service in that position. The position shall be designated, pursuant to subsection (b) of section 526 of this title, as one of the general officer and flag officer positions to be excluded from the limitations in subsection (a) of such section.

“(2) During the three-year period following the date on which the space command is established, the commander of the Air Force Space Command may also serve as the commander of the space command so established. After such period, one individual may not concurrently serve as both such commanders.

“(d) Authority of commander.— (1) Subject to the authority, direction, and control of the commander of the United States Strategic Command, the commander of the space command shall be responsible for, and shall have the authority to conduct, all affairs of such command relating to joint space warfighting operations.

“(2) (A) Subject to the authority, direction, and control of the Deputy Secretary of Defense, the commander of the space command shall be responsible for, and shall have the authority to conduct, the following functions relating to joint space warfighting operations (whether or not relating to the space command):

“(i) Developing strategy, doctrine, and tactics.

“(ii) Preparing and submitting to the Secretary of Defense program recommendations and budget proposals for space operations forces and for other forces assigned to the space command.

“(iii) Exercising authority, direction, and control over the expenditure of funds for forces assigned directly to the space command.

“(iv) Training and certification of assigned joint forces.

“(v) Conducting specialized courses of instruction for commissioned and noncommissioned officers.

“(vi) Validating requirements.

“(vii) Establishing priorities for requirements.

“(viii) Ensuring the interoperability of equipment and forces.

“(ix) Formulating and submitting requirements for intelligence support.

“(x) Monitoring the promotion of space operation forces and coordinating with the military departments regarding the assignment, retention, training, professional military education, and special and incentive pays of space operation forces.

“(B) The authority, direction, and control exercised by the Deputy Secretary of Defense for purposes of this paragraph is authority, direction, and control with respect to the administration and support of the space command, including readiness and organization of space operations forces, space operations-peculiar equipment and resources, and civilian personnel.

“(C) Nothing in this paragraph shall be construed as providing the Deputy Secretary of Defense authority, direction, and control of operational matters that are subject to the operational chain of command of the combatant commands or the exercise of authority, direction, and control of personnel, resources, equipment, and other matters that are not space-operations peculiar and that are in the purview of the armed forces.

“(3) The commander of the space command shall be responsible for—

“(A) ensuring the combat readiness of forces assigned to the space command; and

“(B) monitoring the preparedness to carry out assigned missions of space forces assigned to unified combatant commands other than the United States Strategic Command.

“(4) The staff of the commander shall include an inspector general who shall conduct internal audits and inspections of purchasing and contracting actions through the space command and such other inspector general functions as may be assigned.

“(e) Intelligence and special activities.—This section does not constitute authority to conduct any activity which, if carried out as an intelligence activity by the Department of Defense, would require a notice to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.).”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 167b the following new item:


“169. Subordinate unified command of the United States Strategic Command”.

(3) BRIEFING.—The Secretary of the Air Force shall provide the Committees on Armed Services of the House of Representatives and the Senate a briefing on the need to develop additional recruitment measures or Reserve Officer Training Corps programs relating to space career fields.

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

(a) Assured access to space.—Section 2273 of title 10, United States Code, is amended—

(1) in subsection (b)—

(A) in paragraph (1), by striking “; and”;

(B) in paragraph (2), by striking the period at the end and inserting “; and”; and

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

“(3) the availability of rapid, responsive, and reliable space launches for national security space programs to—

“(A) improve the responsiveness and flexibility of a national security space system;

“(B) lower the costs of launching a national security space system; and

“(C) maintain risks of mission success at acceptably low levels.”; and

(2) in subsection (c), by inserting before the period at the end the following: “and the Director of National Intelligence”.

(b) Reusability of launch vehicles.—

(1) DESIGNATION.—Effective March 1, 2019, the Evolved Expendable Launch Vehicle program of the Department of Defense shall be known as the “National Security Space Launch program”. Any reference in Federal law, regulations, guidance, instructions, or other documents of the Federal Government to the Evolved Expendable Launch Vehicle program shall be deemed to be a reference to the National Security Space Launch program.

(2) REQUIREMENT.—In carrying out the National Security Space Launch program, the Secretary of Defense shall provide for consideration of both reusable and expendable launch vehicles with respect to any solicitation occurring on or after March 1, 2019, for which the use of a reusable launch vehicle is technically capable and maintains risk at acceptable levels.

(3) NOTIFICATION OF SOLICITATIONS FOR NON-REUSABLE LAUNCH VEHICLES.—Beginning March 1, 2019, if the Secretary proposes to issue a solicitation for a contract for space launch services for which the use of reusable launch vehicles is not eligible for the award of the contract, the Secretary shall notify in writing the appropriate congressional committees of such proposed solicitation, including justifications for such ineligibility, by not later than 60 days before issuing such solicitation.

(c) Risk and cost impact analysis.—

(1) IN GENERAL.—The Secretary shall conduct a risk and cost impact analysis with respect to launch services that use reusable launch vehicles. Such analysis shall include—

(A) an assessment of how the inspection and certification regime of the Air Force for previously flown launch vehicles will ensure increased responsiveness and operational flexibility while maintaining acceptably low risk; and

(B) an assessment of the anticipated cost savings to the Department of Defense realized by using a previously flown launch vehicle or components.

(2) SUBMISSION.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees the analysis conducted under paragraph (1).

(d) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means the following:

(1) The congressional defense committees.

(2) The Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.

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

(a) Role of Department of Defense.—Section 2274(a) of title 10, United States Code, is amended—

(1) by striking “The Secretary of Defense may” and inserting “(1) Except as provided by paragraph (2), the Secretary of Defense may”; and

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

“(2) Beginning January 1, 2024, the Secretary may provide space situational awareness services and information to, and may obtain space situational awareness data and information from, non-United States Government entities under paragraph (1) only to the extent that the Secretary determines such actions are necessary to meet the national security interests of the United States.”.

(b) Independent assessment.—

(1) FFRDC.—Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into a contract with a federally funded research and development center for which the Department of Defense is a sponsor to assess which single or combination of departments or agencies of the Federal Government, if any, should assume the authorities of the Secretary of Defense under paragraph (1) of section 2274(a) of title 10, United States Code, that the Secretary will no longer carry out beginning on January 1, 2024, pursuant to paragraph (2) of such section, as added by subsection (a) of this section.

(2) CONSIDERATIONS.—The assessment under paragraph (1) shall consider the following:

(A) The existing staff, budgetary resources, and institutional expertise of the departments and agencies of the Federal Government evaluated by the assessment.

(B) The demonstrated ability of such departments and agencies to work collaboratively with industry in developing best practices or consensus standards.

(C) The capacity of such departments and agencies to facilitate communication between space object operators to avoid a collision.

(D) The ability of such departments and agencies to use other transaction agreements or similar transaction mechanisms.

(E) Existing non-profit organizations through which such departments and agencies may oversee the private provision of space situational awareness services and information.

(3) SUBMISSION.—

(A) DOD.—Not later than 180 days after the date on which the Secretary and a federally funded research and development center enter into the contract under paragraph (1), the center shall submit to the Secretary a report on the assessment conducted under such paragraph.

(B) CONGRESS.—Not later than 10 days after the date on which the Secretary receives the report under subparagraph (A), the Secretary shall submit to the appropriate congressional committees such report, without change.

(c) Plan.—

(1) DEVELOPMENT.—The Secretary of Defense, in coordination with the heads of other departments or agencies of the Federal Government determined appropriate by the Secretary, shall develop a plan to ensure that one or more departments or agencies of the Federal Government other than the Department of Defense may provide space situational awareness services and information to non-United States Government entities.

(2) CONSIDERATION.—In developing the plan under paragraph (1), the Secretary shall take into consideration the assessment conducted under subsection (b)(1).

(3) SUBMISSION.—Not later than 180 days after the date on which the Secretary submits the report under subsection (b)(3), the Secretary shall submit to the appropriate congressional committees the plan developed under paragraph (1).

(d) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means the following:

(1) The congressional defense committees.

(2) The Committee on Science, Space, and Technology, the Committee on Transportation and Infrastructure, the Committee on Energy and Commerce, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.

(3) The Committee on Commerce, Science, and Transportation, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate.

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

Section 239(b)(1) of title 10, United States Code, is amended to read as follows:

“(1) Not later than 30 days after the date on which the President submits to Congress the budget for each of fiscal years 2017 through 2021, the Secretary of Defense shall submit to the congressional defense committees a report on the budget for national security space programs of the Department of Defense. The Secretary may include the report in the defense budget materials if the Secretary submits such materials to Congress by such date.”.

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

(a) Capability for trusted signals.—The Secretary of the Air Force shall ensure that military Global Positioning System user equipment terminals have the capability, including with appropriate mitigation efforts, to receive trusted signals from the Galileo satellites of the European Union and the QZSS satellites of Japan, beginning with increment 2 of the acquisition of such terminals.

(b) Capability for other signals.—The Secretary of the Air Force shall ensure that military Global Positioning System user equipment terminals having the capability to receive non-allied positioning, navigation, and timing signals, beginning with increment 2 of the acquisition of such terminals, if the Secretary of Defense, in consultation with the Commander of the United States Strategic Command, determines that—

(1) the benefits of receiving such signals outweigh the risks; or

(2) such risks can be appropriately mitigated.

(c) Engagement.—The Secretary of Defense, jointly with the Secretary of State, shall engage with relevant allies of the United States to—

(1) enable military Global Positioning System user equipment terminals to receive the positioning, navigation, and timing signals of such allies; and

(2) negotiate as appropriate other potential agreements relating to the enhancement of positioning, navigation, and timing.

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

(a) Briefing on risks, benefits, and cost savings.—

(1) BRIEFING.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Director of National Intelligence, shall provide to the Committees on Armed Services of the House of Representatives and the Senate, and to any other appropriate congressional committee upon request, a briefing on the risks, benefits, and cost savings with respect to using small- and medium-size buses for strategic and tactical satellite payloads for protected satellite communications programs and next-generation overhead persistent infrared systems.

(2) MATTERS INCLUDED.—The briefing provided under paragraph (1) shall address the following:

(A) Increasing component and subcomponent commonality for power regulation, solar arrays, battery technology, thermal control, and avionics.

(B) The security of the supply chain, including a strategy to mitigate risk in such supply chain.

(b) Analyses of alternatives.—

(1) CERTIFICATIONS.—With respect to each analysis of alternatives of new space vehicles relating to a program described in paragraph (2), the Director for Cost Assessment and Program Evaluation shall certify to the appropriate congressional committees that the analysis—

(A) includes materiel solutions for using small- and medium-size buses; and

(B) considers the relevant operational benefits and potential cost savings of using small-, medium-, and large-size buses.

(2) PROGRAMS DESCRIBED.—The programs described in this paragraph are the programs of the Department of Defense relating to any of the following:

(A) Protected satellite communications.

(B) Next-generation overhead persistent infrared systems.

(C) Space-based environmental monitoring.

(c) Briefing on alternative space-Based architectures.—Not later than 240 days after the date of the enactment of this Act, the Secretary of Defense, the Secretary of the Air Force, and the Chairman of the Joint Chiefs of Staff shall jointly provide to the Committees on Armed Services of the House of Representatives and the Senate, and to any other appropriate congressional committee upon request, a briefing on alternative space-based architectures for the programs described in subsection (b)(2) using small-, medium-, and large-size buses.

(d) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means the following:

(1) The congressional defense committees.

(2) The Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.

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

(a) Designation.—Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretaries of the military departments and the heads of Defense Agencies the Secretary determines appropriate, shall designate a component of the Office of the Secretary of Defense to be responsible for coordinating common solutions for the M-code modernization efforts among the military departments, Defense Agencies, and other appropriate elements of the Department of Defense.

(b) Roles and responsibilities.—The roles and responsibilities of the component selected under subsection (a) shall include the following:

(1) Identify the elements of the Department of Defense and the programs of the Department that require M-code capable receiver cards and determine—

(A) the number of total receiver cards required by the Department, including the number required for each such element and program and the military departments;

(B) the timeline, by fiscal year, for each program of the Department conducting M-code modernization efforts; and

(C) the projected cost for each such program.

(2) Systematically collect integration test data, lessons learned, and design solutions, and share such information with other elements of the Department.

(3) Identify ways the Department can prevent duplication in conducting M-code modernization efforts, and identify, to the extent practicable, potential cost savings that could be realized by addressing such duplication.

(4) Coordinate the integration, testing, and procurement of M-code capable receiver cards to ensure that the Department maximizes the buying power of the Department, reduces duplication, and saves resources, where possible.

(c) Support.—The Secretary of Defense shall ensure the military departments, the Defense Agencies, and other elements of the Department of Defense provide the component selected under subsection (a) with the appropriate support and resources needed to perform the roles and responsibilities under subsection (b).

(d) Reports.—Not later than March 15, 2019, and annually thereafter through 2021, the Secretary of Defense shall provide to the congressional defense committees a report on M-code modernization efforts. Each report shall include, with respect to the period covered by the report, the following:

(1) The projected cost and schedule, by fiscal year, for the Department to acquire M-code capable receiver cards.

(2) The programs of the Department conducting M-code modernization efforts.

(3) The number of M-code capable receiver cards procured by the Department, the number of such receiver cards yet to be procured, and the percentage of the M-code modernization efforts completed by each program identified under paragraph (2).

(e) Definitions.—In this section:

(1) The term “M-code capable receiver card” means a Global Positioning System receiver card that is capable of receiving military code that provides enhanced positioning, navigation, and timing capabilities and improved resistance to existing and emerging threats, such as jamming.

(2) The term “M-code modernization efforts” means the development, integration, testing, and procurement programs of the Department of Defense relating to developing M-code capable receiver cards.

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

(a) Findings.—Congress finds the following:

(1) Using commercially hosted payloads is an option for the Department of Defense that should be considered in analyses of alternatives, as it could increase cost savings, speed up capability to orbit, and contribute to resilience through the use of disaggregated space systems by the Department.

(2) The use by the Department of commercially hosted payloads has been limited so far, using commercial satellites to host three experimental payloads to date, though the use of hosted payloads could expand in the future.

(3) The Department does not have the knowledge the Department needs to determine if commercially hosted payloads are an acquisition approach worth pursuing.

(4) The Department faces challenges in matching payloads to commercial hosts, due to numerous logistical challenges to matching payloads to hosts, including coordinating the size, weight and power of the payload with the commercial host, and aligning acquisition and funding timelines between government and commercial programs.

(5) The Comptroller General of the United States in preliminary findings concluded that the space acquisition culture of the Department lacks sufficient knowledge, such as costs, technical parameters, and lessons learned, to determine the benefits and address the challenges of using commercially hosted payloads and that the existing knowledge is fragmented across the Department without any plans to consolidate it.

(6) Programs are not required to report data on commercially hosted payloads to any centralized office or database, and leveraging cost and technical data from hosted payload efforts could inform future interested programs and avoid duplication of efforts, but currently no such comprehensive data source exists.

(b) Designation.—Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of the Air Force, and other Secretaries of the military departments and the heads of Defense Agencies the Secretary determines appropriate, shall designate a component of the Department of Defense or a military department to be responsible for coordinating information, processes, and lessons learned relating to using commercially hosted payloads across the military departments, Defense Agencies, and other appropriate elements of the Department of Defense. The functions of such designated component shall include, at a minimum, the following:

(1) Systematically collecting information from past and planned hosted payload arrangements to inform future acquisition planning and space system architecture design, including integration test data, lessons learned, and design solutions.

(2) Creating a centralized database for cost, technical data, and lessons learned on commercially hosted payloads and sharing such information with other elements of the Department.

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

(a) JMS.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for the Joint Space Operations Center mission system may be obligated or expended until the date on which the Deputy Secretary of Defense makes the certification under subsection (c).

(b) ESBMC2.—Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for service and management applications of the enterprise space battle management command and control, not more than 75 percent may be obligated or expended until the date on which the Deputy Secretary of Defense makes the certification under subsection (c).

(c) Certification.—The Deputy Secretary of Defense, without delegation, shall certify to the congressional defense committees that the Secretary of the Air Force has entered into a contract to operationalize existing, proven, best-in-breed commercial space situational awareness processing software to address warfighter requirements and fill gaps in current space situational capabilities.

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

(a) Evaluations of supply chain vulnerabilities.—

(1) IN GENERAL.—Not later than December 31, 2020, and in accordance with the plan under paragraph (2)(A), the Secretary of Defense, in coordination with the Director of National Intelligence, shall conduct evaluations of the supply chain vulnerabilities of each covered program.

(2) PLAN.—

(A) DEVELOPMENT.—The Secretary shall develop a plan to carry out the evaluations under paragraph (1), including with respect to the personnel and resources required to carry out such evaluations.

(B) BRIEFING.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate, and to any other appropriate congressional committee upon request, a briefing on the plan under subparagraph (A).

(3) WAIVER.—The Secretary may waive, on a case-by-case basis with respect to a covered program, either the requirement to conduct an evaluation under paragraph (1) or the deadline specified in such paragraph if the Secretary certifies to the congressional defense committees before such date that all known supply chain vulnerabilities of such covered program have minimal consequences for the capability of such covered program to meet operational requirements or otherwise satisfy mission requirements.

(4) RISK MITIGATION STRATEGIES.—In carrying out an evaluation under paragraph (1), the Secretary shall develop—

(A) strategies for mitigating the risks of supply chain vulnerabilities identified in the course of such evaluation; and

(B) cost estimates for such strategies.

(b) Prioritization of certain supply chain risk management efforts.—

(1) INSTRUCTIONS.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue a Department of Defense Instruction, or update such an Instruction, establishing the prioritization of supply chain risk management programs, including supply chain risk management threat assessment reporting, to ensure that acquisition and sustainment programs relating to covered programs receive the highest priority of such supply chain risk management programs and reporting.

(2) REQUIREMENTS.—

(A) ESTABLISHMENT.—The Secretary shall establish requirements to carry out supply chain risk management threat assessment collections and analyses under acquisition and sustainment programs relating to covered programs.

(B) BRIEFING.—Not later than 120 days after the date of the enactment of this Act, the Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate, and to any other appropriate congressional committee upon request, a briefing on the requirements established under subparagraph (A).

(c) Definitions.—In this section:

(1) The term “appropriate congressional committees” means the following:

(A) The congressional defense committees.

(B) The Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.

(2) The term “covered programs” means programs of the Department of Defense relating to any of the following:

(A) Protected satellite communications.

(B) Next-generation overhead persistent infrared systems.

SEC. 1611. Report on protected satellite communications.

Not later than December 31, 2018, the Secretary of Defense shall submit to the congressional defense committees a report on how each of the following programs will meet the requirements for resilience, mission assurance, and the nuclear command, control, and communication missions of the Department of Defense:

(1) The evolved strategic satellite program.

(2) The protected tactical service program.

(3) The protected tactical enterprise service program.

SEC. 1612. Plan on space warfighting readiness.

(a) In general.—Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall develop, and commence the implementation of, a plan that—

(1) identifies joint mission-essential tasks for space as a warfighting domain;

(2) identifies any additional authorities, or delegated authorities, that would need to accompany the employment of forces to meet such mission-essential tasks;

(3) meets the readiness requirements for space warfighting, including with respect to equipment, training, and personnel, to meet such mission-essential tasks; and

(4) considers the contributions by allies and partners of the United States with respect to defense space capabilities to increase burden sharing across space systems, as appropriate.

(b) Briefing.—Not later than 60 days after the date of the enactment of this Act, the Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate, and to any other congressional defense committee upon request, a briefing describing the authorities identified under subsection (a)(2) that the Secretary determines require legislative action.

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

(a) Study.—The Secretary of Defense and the Director of National Intelligence shall jointly conduct a study on the capabilities of the private sector with respect to space-based radio frequency mapping and associated operations and services for space-based electromagnetic collections. Such study shall address the following:

(1) The near-term commercial market offerings of such operations and services in the United States and outside the United States.

(2) The potential benefits to the United States provided by such operations and services.

(3) The potential risks to the United States posed by such operations and services.

(4) The sufficiency of existing legal authorities available to the Secretary and the Director to address such potential risks.

(b) Report.—Not later than 90 days after the date of the enactment of this Act, the Secretary and the Director shall jointly submit to the congressional defense committees, the Permanent Select Committee on Intelligence of the House of Representatives, and the Select Committee on Intelligence of the Senate a report containing the study under subsection (a).

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

(a) Plan.—The Secretary of the Air Force shall develop a plan to provide the United States Central Command with persistent weather imagery for the area of operations of the Command beginning not later than January 1, 2026.

(b) Matters included.—The plan developed under subsection (a) shall include the following:

(1) A long-term method for providing the United States Central Command with persistent weather imagery for the area of operations of the Command that—

(A) does not rely on data provided by a foreign government; and

(B) does not include relocating legacy geostationary operational environmental satellites.

(2) A description of the costs required to carry out the plan.

(c) Submission.—Not later than March 1, 2019, the Secretary shall submit to the congressional defense committees the plan developed under subsection (a).

SEC. 1615. Independent study on space launch locations.

(a) Independent study.—Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into a contract with a federally funded research and development center to conduct a study on space launch locations, including with respect to the development and capacity of existing and new locations, and the vulnerabilities of the use of existing coastal locations and new locations. The study shall, at a minimum—

(1) identify how additional locations affect the capability of the Department of Defense to rapidly reconstitute and improve resilience for defense satellite system launches;

(2) identify the capacities and vulnerabilities of current and new space launch locations, in light of the rapid increase in using commercial space services to support national security space missions and military requirements;

(3) identify partnerships within State government-owned and -operated spaceports that should be developed to increase launch capacities and enhance the space resiliency of the United States;

(4) provide recommendations on strategic placement for future space launch sites to mitigate vulnerabilities presented by coastal launch sites; and

(5) identify costs associated with additional locations and whether such costs should be borne by the Department of Defense, State governments, or private entities.

(b) Selection.—The Secretary may not enter into the contract under subsection (a) with a federally funded research and development center for which the Air Force Space Command or the Launch Centers of the National Aeronautical and Space Administration is a sponsor.

(c) Submission to DOD.—Not later than 240 days after the date of the enactment of this Act, the federally funded research and development center shall submit to the Secretary a report containing the study conducted under subsection (a).

(d) Submission to Congress.—Not later than 270 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees the report under subsection (a), without change.

(e) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means the following:

(1) The congressional defense committees.

(2) The Committee on Science, Space, and Technology and the Committee on Transportation and Infrastructure of the House of Representatives.

(3) The Committee on Commerce, Science, and Transportation of the Senate.

SEC. 1616. Report on space debris.

(a) In general.—Not later than 240 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a report on the risks posed by man-made space debris in low-earth orbit, including—

(1) recommendations with respect to the remediation of such risks; and

(2) outlines of plans to reduce the incident of such space debris.

(b) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means—

(1) the Committee on Armed Services and the Committee on Science, Space, and Technology of the House of Representatives; and

(2) the Committee on Armed Services and Committee on Commerce, Science, and Transportation of the Senate.

SEC. 1617. Briefing on commercial satellite servicing capabilities.

(a) Briefing.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Director of National Intelligence, shall jointly provide the Committees on Armed Services of the House of Representatives and the Senate, and to any other appropriate congressional committee upon request, a briefing detailing the costs, risks, and operational benefits of leveraging commercial satellite servicing capabilities for national security satellite systems.

(b) Elements.—The briefing under subsection (a) shall include the following:

(1) A prioritized list, with rationale, of operational and planned assets of the Department of Defense that could be enhanced by satellite servicing missions.

(2) The costs, risks, and benefits of integrating satellite servicing capabilities as a part of operational resilience.

(3) Potential strategies that could allow future national security space systems to leverage commercial in-orbit servicing capabilities where appropriate and feasible.

(c) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committee” means—

(1) the congressional defense committees;

(2) the Committee on Science, Space, and Technology and the Permanent Select Committee on Intelligence of the House of Representatives; and

(3) the Committee on Commerce, Science, and Transportation and the Select Committee on Intelligence of the Senate.

subtitle BDefense Intelligence and Intelligence-Related Activities

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

Subsection (b) of section 137 of title 10, United States Code, is amended to read as follows:

“(b) Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary of Defense for Intelligence shall—

“(1) have responsibility for the overall direction and supervision for policy, program planning and execution, and use of resources, for the activities of the Department of Defense that are part of the Military Intelligence Program;

“(2) execute the functions for the National Intelligence Program of the Department of Defense under section 105 of the National Security Act of 1947 (50 U.S.C. 3038), as delegated by the Secretary of Defense;

“(3) have responsibility for the overall direction and supervision for policy, program planning and execution, and use of resources, for the information security, personnel security, physical security, and industrial security related activities of the Department of Defense; and

“(4) perform such duties and exercise such powers as the Secretary of Defense may prescribe in the area of intelligence.”.

SEC. 1622. Security clearance for dual nationals.

(a) In general.—Chapter 80 of title 10, United States Code, is amended by inserting after section 1564a the following new section:

§ 1564b. Security clearance for dual nationals

“(a) Additional review.— (1) In the case of an individual described in paragraph (3), the Secretary of Defense shall develop a process to review foreign preference in accordance with the adjudicative guidelines under part 147 of title 32, Code of Federal Regulations, or such successor regulation, before approving a security clearance for such individual.

“(2) The Secretary shall designate an official of the Department of Defense to be responsible for adjudicating any derogatory information of an individual described in paragraph (3) concerning foreign preference that is discovered after the security clearance of the individual is approved.

“(3) An individual described in this paragraph is an individual who is—

“(A) a national of the United States (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)) and also a national of a foreign state; and

“(B) either—

“(i) a civilian employee or contractor who requires access to classified information; or

“(ii) a member of the armed forces who requires access to classified information.

“(b) Waiver.— (1) In the case of an individual who is a national of the United States and also a national of a foreign state identified under paragraph (2), the Secretary may waive the requirement under subsection (a).

“(2) The Director of National Intelligence shall identify foreign states that authorize citizens or nationals of the United States to serve in positions of trust equivalent to positions in the United States Government that require access to classified information.”.

(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1564a the following new item:


“1564b. Security clearance for dual nationals.”.

(c) Briefing.—

(1) IN GENERAL.—Not later than 180 days 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, and to any other appropriate congressional committee upon request, a briefing on—

(A) the process developed under paragraph (1) of section 1564b(a) of title 10, United States Code, as added by subsection (a); and

(B) the official designated under paragraph (2) of such section 1564b(a).

(2) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this subsection, the term “appropriate congressional committees” means the following:

(A) The Committees on Armed Services of the House of Representatives and the Senate.

(B) The Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.

SEC. 1623. Department of Defense Counterintelligence polygraph program.

(a) Addition of dual-Nationals.—Subsection (b) of section 1564a of title 10, United States Code, is amended to read as follows:

“(b) Persons covered.—Except as provided in subsection (d), the following persons are subject to this section:

“(1) With respect to persons whose duties are described in subsection (c)—

“(A) military and civilian personnel of the Department of Defense;

“(B) personnel of defense contractors;

“(C) persons assigned or detailed to the Department of Defense; and

“(D) applicants for a position in the Department of Defense.

“(2) A person who is—

“(A) a national of the United States (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)) and also a national of a foreign state; and

“(B) either—

“(i) a civilian employee or contractor who requires access to classified information; or

“(ii) a member of the armed forces who requires access to classified information.”.

(b) Standards for dual-Nationals.—Subsection (e)(2) of such section is amended by adding at the end the following new subparagraph:

“(D) With respect to persons described in subsection (b)(2), to assist in assessing foreign preference or foreign influence risks, as described in part 147 of title 32, Code of Federal Regulation, or such successor regulations.”.

(c) Conforming amendments.—Such section is further amended—

(1) in subsection (c), by striking “in subsection (b)” and inserting “in subsection (b)(1)”; and

(2) in subsection (e)(2)(A), by striking “in subsections (b)” and inserting “in subsections (b)(1)”.

SEC. 1624. Defense intelligence business management systems.

(a) Standardized business process rules.—

(1) DEVELOPMENT.—Not later than October 1, 2020, the Chief Management Officer of the Department of Defense, in coordination with the Under Secretary of Defense (Comptroller) and the Under Secretary of Defense for Intelligence, shall develop and implement standardized business process rules for the planning, programming, budgeting, and execution process for the Military Intelligence Program.

(2) TREATMENT OF DATA.—The Chief Management Officer shall develop the standardized business process rules under paragraph (1) in accordance with section 911 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1519; 10 U.S.C. 2222 note) and section 2222(e)(6) of title 10, United States Code.

(3) USE OF EXISTING SYSTEMS.—In developing the standardized business process rules under paragraph (1), to the extent practicable, the Chief Management Officer shall use enterprise business systems of the Department of Defense in existence as of the date of the enactment of this Act.

(4) REPORT.—Not later than March 1, 2019, the Chief Management Officer of the Department of Defense, the Under Secretary of Defense (Comptroller), and the Under Secretary of Defense for Intelligence shall jointly submit to the appropriate congressional committees a report containing a plan to develop the standardized business process rules under paragraph (1).

(5) APPROPRIATE CONGRESSIONAL COMMITTEES.—In this subsection, the term “appropriate congressional committees” means the following:

(A) The congressional defense committees.

(B) The Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.

(b) Program elements.—

(1) IN GENERAL.—Chapter 9 of title 10, United States Code, is amended by adding at the end the following new section:

§ 239b. Certain intelligence-related programs: budget justification materials

“(a) Prohibition on use of program elements.—In the budget justification materials submitted to Congress in support of the Department of Defense budget for fiscal year 2021 and each fiscal year thereafter (as submitted with the budget of the President under section 1105(a) of title 31), the Secretary of Defense may not include in any single program element both funds made available under the Military Intelligence Program and funds made available outside of the Military Intelligence Program.

“(b) Definitions.—In this section:

“(1) The term ‘budget’ has the meaning given that term in section 231(f) of this title.

“(2) The term ‘defense budget materials’ has the meaning given that term in section 231(f) of this title.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 239a the following new item:


“239b. Certain intelligence-related programs: budget justification materials”.

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

(a) In general.—Section 1626 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3635), as amended by section 1624 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1732), is further amended—

(1) in the matter preceding paragraph (1), by striking “2020” and inserting “2025”; and

(2) in paragraph (1)—

(A) in subparagraph (B), by striking “; and” and inserting a semicolon; and

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

“(D) for the year preceding the year in which the briefing is provided—

“(i) the number of hours or amount of capacity of intelligence, surveillance, and reconnaissance requested by each commander of a combatant command, by specific intelligence capability type;

“(ii) the number of such requests identified under clause (i) that the Joint Chiefs of Staff determined to be a validated requirement, including the number of hours or amount of capacity of such requests that were provided to each such commander; and

“(iii) with respect to such validated requirements, the number of hours or amount of capacity of intelligence, surveillance, and reconnaissance, by specific intelligence capability type, that the Joint Chiefs of Staff requested each military department to provide, and the number of such hours or the amount of such capacity so provided by each such military department; and”.

(b) Codification.—Such section 1626, as amended by subsection (a), is—

(1) transferred to chapter 21 of title 10, United States Code; and

(2) redesignated as subsection (c) of section 426 of such title.

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

None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for the Department of Defense may be obligated or expended during the period beginning on the date of the enactment of this Act and ending on December 31, 2019, to transfer to the Department the background investigation mission for all agencies or departments of the Federal Government using the National Background Investigation Bureau for investigative services as of April 1, 2018.

subtitle CCyberspace-Related Matters

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

Subsection (b) of section 1650 of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. 2224 note) is amended—

(1) in paragraph (1), in the matter preceding subparagraph (A), by inserting “and the Defense Digital Service” after “covered research laboratory”;

(2) in paragraph (4), in the matter preceding subparagraph (A), by striking “2019” and inserting “2020”; and

(3) in paragraph (5), by striking “2019” and inserting “2020”.

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

(a) Budget required.—Beginning in fiscal year 2021 and in each fiscal year thereafter, the Secretary of Defense shall submit to Congress, as a part of the documentation that supports the President’s annual budget for the Department of Defense, a consolidated Cyber Vulnerability Evaluation and Mitigation budget justification display for each major weapons system of the Department of Defense that includes the following:

(1) CYBER VULNERABILITY EVALUATIONS.—

(A) STATUS.—Whether, in accordance with paragraph (1) of section 1647(a) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1118), the cyber vulnerability evaluation for each such major weapon system is pending, in progress, complete, or, pursuant to paragraph (2) of such section, waived.

(B) FUNDING.—The funding required for the fiscal year with respect to which the budget is submitted and for at least the four succeeding fiscal years required to complete the pending or in progress cyber vulnerability evaluation of each such major weapon system.

(C) DESCRIPTION.—A description of the activities planned in the fiscal year with respect to which the budget is submitted and at least the four succeeding fiscal years to complete the required evaluation for each such major weapon system.

(D) RISK ANALYSIS.—A description of operational or security risks associated with cyber vulnerabilities identified as a result of such cyber vulnerability evaluations that require mitigation.

(2) MITIGATION ACTIVITIES.—

(A) STATUS.—Whether activities to address identified cyber vulnerabilities of such major weapon systems resulting in operational or security risks requiring mitigation are pending, in progress, or complete.

(B) FUNDING.—The funding required for the fiscal year with respect to which the budget is submitted and for at least the four succeeding fiscal years required to complete the pending or in progress mitigation activities referred to in subparagraph (A) related to such major weapon systems.

(C) DESCRIPTION.—A description of the activities planned in the fiscal year with respect to which the budget is submitted and at least the four succeeding fiscal years to complete any necessary mitigation.

(b) Form.—The display required under subsection (a) shall be submitted in an unclassified form, but may include a classified annex if necessary.

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

(a) In general.—Not later than September 30, 2019, the Secretary of Defense shall transfer all roles, missions, and responsibilities of the Commander, Joint Force Headquarters–Department of Defense Information Networks (JFHQ–DODIN) from the Defense Information Support Agency to the Commander, United States Cyber Command.

(b) Certification required.—Prior to the transfer required under subsection (a), the Secretary of Defense shall certify in writing to the congressional defense committees that such transfer shall not result in mission degradation.

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

(a) Authority.—The Secretary of Defense, in coordination with the Secretary of Homeland Security, is authorized to provide, detail, or assign technical personnel to the Department of Homeland Security on a non-reimbursable basis to enhance cybersecurity cooperation, collaboration, and unity of Government efforts.

(b) Scope of assistance.—The authority under subsection (a) shall be limited in any fiscal year to the provision of not more than 50 technical cybersecurity personnel from the Department of Defense to the Department of Homeland Security, including the national cybersecurity and communications integration center (NCCIC) of the Department, or other locations as agreed upon by the Secretary of Defense and the Secretary of Homeland Security.

(c) Limitation.—The authority under subsection (a) may not negatively impact the primary missions of the Department of Defense or the Department of Homeland Security.

(d) Establishment of procedures.—

(1) IN GENERAL.—The Secretary of Defense and the Secretary of Homeland Security shall establish procedures to carry out subsection (a), including procedures relating to the protection of and safeguards for maintenance of information held by the NCCIC regarding United States persons.

(2) LIMITATION.—Nothing in this subsection may be construed as providing authority to the Secretary of Defense to establish procedures regarding the NCCIC with respect to any matter outside the scope of this section.

(e) No effect on other authority to provide support.—Nothing in this section may be construed to limit the authority of an Executive department, military department, or independent establishment to provide any appropriate support, including cybersecurity support, or to provide, detail, or assign personnel, under any other law, rule, or regulation.

(f) Definitions.—In this section, each of the terms “Executive department”, “military department”, and “independent establishment”, has the meaning given each of such terms, respectively, in chapter 1 of title 5, United States Code.

(g) Termination of authority.—This section shall terminate on September 30, 2022.

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

(a) Pilot program.—The Secretary of the Army may carry out a pilot program under which the Secretary establishes a National Guard training center to provide collaborative interagency education and training for members of the Army National Guard.

(b) Duration.—If the Secretary carries out the pilot program under subsection (a), the Secretary shall carry out the pilot program for a 2-year period.

(c) Center.—

(1) TRAINING AND COOPERATION.—In carrying out the pilot program under subsection (a), the Secretary shall ensure that the training center established under such subsection—

(A) educates and trains members of the Army National Guard quickly and efficiently by concurrently training cyber protection teams and cyber network defense teams on a common standard in order to defend—

(i) the information network of the Department of Defense in a State environment;

(ii) while acting under title 10, United States Code, the information networks of State governments; and

(iii) critical infrastructure;

(B) fosters interagency cooperation by—

(i) co-locating members of the Army National Guard with personnel of departments and agencies of the Federal Government and State governments; and

(ii) providing an environment to develop interagency relationship to coordinate responses and recovery efforts during and following a cyber attack;

(C) collaborates with academic institutions to develop and implement curriculum for interagency education and training within the classroom; and

(D) coordinates with the Persistent Cyber Training Environment of the Army Cyber Command in devising and implementing interagency education and training using physical and information technology infrastructure.

(2) LOCATIONS.—If the Secretary carries out the pilot program under subsection (a), the Secretary shall select one National Guard facility at which to carry out the pilot program. The Secretary shall select a facility that is located in an area that meets the following criteria:

(A) The location has a need for cyber training, as measured by both the number of members of the Army National Guard that would apply for such training and the number of units of the Army National Guard that verify the unit would apply for such training.

(B) The location has high capacity information and telecommunications infrastructure, including high speed fiber optic networks.

(C) The location has personnel, technology, laboratories, and facilities to support proposed activities and has the opportunity for ongoing training, education, and research.

(d) Activities.—If the Secretary carries out the pilot program under subsection (a), the Secretary shall ensure that the pilot program includes the following activities:

(1) Providing joint education and training and accelerating training certifications for working in a cyber range.

(2) Integrating education and training between the National Guard, law enforcement, and emergency medical and fire first responders.

(3) Providing a program to continuously train the cyber network defense teams to not only defend the information network of the Department of Defense, but to also provide education and training on how to use defense capabilities of the team in a State environment.

(4) Developing curriculum and educating the National Guard on the different missions carried out under titles 10 and 32, United States Code, in order to enhance interagency coordination and create a common operating picture.

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

(a) In general.—In the event of a significant loss of personally identifiable information of civilian or uniformed members of the Armed Forces, the Secretary of Defense shall promptly submit to the congressional defense committees notice in writing of such loss. Such notice may be submitted in classified or unclassified formats.

(b) Procedures.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish and submit to the congressional defense committees procedures for complying with the requirements of subsection (a). Such procedures shall be consistent with the national security of the United States, the protection of operational integrity, and the protection of personally identifiable information of civilian and uniformed members of the Armed Forces.

(c) Significant loss of personally identifiable information defined.—In this section, the term “significant loss of personally identifiable information” means an intentional, accidental, or otherwise known disclosure of information that can be used to distinguish or trace an individual’s identity, such as the name, Social Security number, date and place of birth, biometric records, home or other phone numbers, or other demographic, personnel, medical, or financial information, involving 250 or more civilian or uniformed members of the Armed Forces.

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

(a) Program authorized.—The Secretary of Defense may carry out a program to establish a cyber institute at each of the senior military colleges (referred to in this section as an “SMC Cyber Institute”) for purposes of accelerating and focusing the development of foundational expertise in critical cyber operational skills for future military and civilian leaders of the Armed Forces and Department of Defense, including such leaders of the reserve components.

(b) Elements.—Each SMC Cyber Institute established under subsection (a) shall include the following:

(1) Programs to provide future military and civilian leaders of the Armed Forces or the Department of Defense who possess cyber operational expertise from beginning through advanced skill levels with instruction and practical experiences that lead to recognized certifications and degrees in cyber-related fields.

(2) Programs of targeted strategic foreign language proficiency training for such future leaders that—

(A) are designed to significantly enhance critical cyber operational capabilities; and

(B) are tailored to current and anticipated readiness requirements.

(3) Programs related to mathematical foundations of cryptography and courses in cryptographic theory and practice designed to complement and reinforce cyber education along with the strategic foreign language programs critical to cyber operations.

(4) Programs related to data science and courses in data science theory and practice designed to complement and reinforce cyber education along with the strategic foreign language programs critical to cyber operations.

(5) Programs designed to develop early interest and cyber talent through summer programs for elementary and secondary school students and dual enrollment opportunities for cyber, strategic foreign language, data science, and cryptography related courses.

(6) Training and education programs to expand the pool of qualified instructors necessary to support cyber education in regional school systems.

(c) Partnerships with department of defense and the armed forces.—A SMC Cyber Institute established under subsection (a) may enter into a partnership with one or more components of the Armed Forces (active or reserve) or any agency of the Department of Defense to facilitate the development of critical cyber skills for students who may pursue a career with the Department of Defense.

(d) Partnerships with other schools.—A SMC Cyber Institute established under subsection (a) may enter into a partnership with one or more local educational agencies to carry out the requirements of this section.

(e) Senior military colleges defined.—In this section, the term “senior military colleges” means the senior military colleges described in section 2111a(f) of title 10, United States Code.

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

(a) Study required.—The Secretaries concerned shall conduct a study on the feasibility, advisability, and necessity of the establishment of reserve component cyber civil support teams for each State.

(b) Elements.—The study under subsection (a) shall include the following:

(1) An examination of the potential ability of the teams referred to in such subsection to respond to an attack, natural disaster, or other large-scale incident affecting computer networks, electronics, or cyber capabilities.

(2) An analysis of State and local civilian and private sector cyber response capabilities and services, including an identification of any gaps in such capabilities and services.

(3) An identification of the potential role of such teams with respect to the principles and processes set forth in—

(A) Presidential Policy Directive 20 (United States Cyber Operations Policy);

(B) Presidential Policy Directive 21 (Critical Infrastructure Security and Resilience); and

(C) Presidential Policy Directive 41 (United States Cyber Incident Coordination).

(4) An explanation of how such teams may interact with other organizations and elements of the Federal Government that have responsibilities under the Presidential Policy Directives referred to in paragraph (3).

(5) The amount of funding and other resources that may be required by the Department of Defense to organize, train, and equip such teams.

(6) An explanation of how the establishment of such teams may affect the ability of the Department of Defense—

(A) to organize, train, equip, and employ the Cyber Mission Force, and other organic cyber forces; and

(B) to perform national defense missions and defense support to civil authorities for cyber incident response.

(7) An explanation of how the establishment of such teams may affect the ability of the Department of Homeland Security—

(A) to organize, train, equip, and employ cyber incident response teams; and

(B) to perform civilian cyber response missions.

(8) Any effects on the privacy and civil liberties of United States persons that may result from the establishment of such teams.

(9) Any other considerations determined to be relevant by the Secretaries concerned.

(c) Report required.—Not later than 180 days after the date of the enactment of this Act, the Secretaries concerned shall submit to the appropriate congressional committees a report that includes—

(1) the results of the study conducted under subsection (a), including an explanation of each element described in subsection (b);

(2) the final determination of the Secretaries with respect to the feasibility, advisability, and necessity of establishing reserve component cyber civil support teams for each State; and

(3) if such final determination is in the affirmative, proposed legislation for the establishment of the teams, which may include proposed legislation to amend section 12310 of title 10, United States Code.

(d) Definitions.—In this section:

(1) The term “appropriate congressional committees” means—

(A) the congressional defense committees;

(B) the Committee on Homeland Security of the House of Representatives; and

(C) the Committee on Homeland Security and Governmental Affairs of the Senate.

(2) The term “reserve component cyber civil support team” means a team that—

(A) is comprised of members of the reserve components;

(B) is organized, trained, equipped, and sustained by the Department of Defense for the purpose of assisting State authorities in preparing for and responding to cyber incidents, cyber emergencies, and cyber attacks; and

(C) operates principally under the command and control of the Chief Executive of the State in which the team is located.

(3) The term “Secretaries concerned” means the Secretary of Defense and the Secretary of Homeland Security acting jointly.

(4) The term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and the United States Virgin Islands.

SEC. 1639. Inclusion of computer programming and cybersecurity in curriculum of Junior Reserve Officers' Training Corps.

Section 2031(c) of title 10, United States Code, is amended—

(1) in paragraph (2), by striking “and” at the end;

(2) in paragraph (3), by striking the period at the end and inserting “; and”; and

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

“(4) subject to the authority, direction, and control of the Secretary of Defense, determine the curriculum of the program, which shall include, at minimum, instruction in the subjects of cybersecurity and computer programming.”.

SEC. 1640. Department of Defense Cyber Scholarship Program scholarships and grants.

(a) Additional considerations.—Section 2200c of title 10, United States Code, is amended—

(1) by inserting before “In the selection” the following:

“(a) Centers of Academic Excellence in Cyber Education.—”; and

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

“(b) Certain Institutions of Higher Education.—In the selection of a recipient for the award of a scholarship or grant under this chapter, consideration shall be given to whether—

“(1) in the case of a scholarship, the institution of higher education at which the recipient pursues a degree is an institution described in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)); and

“(2) in the case of a grant, the recipient is an institution described in such section.”.

(b) Clerical amendments.—

(1) SECTION HEADING.—The heading of section 2200c of title 10, United States Code, is amended to read as follows:

§ 2200c. Special considerations in awarding scholarships and grants”.

(2) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 112 of title 10, United States Code, is amended by striking the item relating to section 2200c and inserting the following new item:


“2200c. Special considerations in awarding scholarships and grants.”.

SEC. 1640A. Report on transition of sharkseer program.

Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that assesses the transition of base operations of the SharkSeer program to the Defense Information Systems Agency, including with respect to staffing, acquisition, contracts, sensor management, and the ability to conduct cyber threat analyses and advanced malware. The report shall include a spending roadmap and areas that need increased funding.

SEC. 1640B. Report on Cybersecurity Apprentice Program.

Not later than 240 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the feasibility of establishing a Cybersecurity Apprentice Program to support on-the-job training for certain cybersecurity positions and facilitate the acquisition of cybersecurity certifications.

subtitle DNuclear forces

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

Section 179(a) of title 10, United States Code, is amended—

(1) in paragraph (1), by striking “, Technology, and Logistics” and inserting “and Sustainment”;

(2) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and

(3) by inserting after paragraph (3) the following new paragraph (4):

“(4) The Under Secretary of Defense for Research and Engineering.”.

SEC. 1642. Long-range standoff weapon requirements.

Subparagraphs (A) and (B) of section 217(a)(1) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 706) are amended to read as follows:

“(A) achieves initial operating capability for nuclear missions prior to the retirement of the nuclear-armed AGM–86;

“(B) achieves initial operating capability for conventional missions by not later than four years after the date of the achievement under subparagraph (A); and”.

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

(a) Plan for acceleration of programs.—Consistent with validated military requirements and in accordance with applicable provisions of Federal law regarding acquisition, the Under Secretary of Defense for Acquisition and Sustainment, in consultation with the Secretary of the Air Force, shall develop and implement—

(1) a plan to accelerate the development, procurement, and fielding of the ground-based strategic deterrent program; and

(2) a plan to accelerate the development, procurement, and fielding of the long-range standoff weapon.

(b) Criteria.—The plans developed under subsection (a) shall meet the following criteria:

(1) With respect to the plan developed under paragraph (1) of such subsection, the plan shall ensure that the ground-based strategic deterrent program includes the recapitalization of the full intercontinental ballistic missile weapon system for 400 deployed missiles and associated spares and 450 launch facilities, without phasing or splitting the program, including with respect to the missile flight system, ground-based infrastructure and equipment, appropriate command and control elements.

(2) The plans shall include a comprehensive assessment of the benefits, risks, feasibility, costs, and cost savings of various options for accelerating the respective program covered by the plan, including by considering—

(A) accelerating—

(i) the technology maturation and risk reduction phase, including through the identification of low and high technology readiness levels, requirements, and timelines for maturing such technology;

(ii) the award of an engineering and manufacturing development contract; and

(iii) making the milestone B decision;

(B) transitioning full acquisition authority, responsibility, and accountability of the respective program to the Secretary of the Air Force, including milestone decision authority;

(C) providing a general officer-level program executive officer a dedicated, single-program, long-term assignment with a tailored acquisition approach, program strategy, and oversight model for the respective program that empowers the general officer to accelerate the program, make decisions, and be held accountable;

(D) streamlining, as appropriate, test and evaluation activities for the respective program, particularly for proven technologies, while ensuring high confidence in the final deployed system;

(E) leveraging agile software development or other innovative approaches to reduce timeframes for software development;

(F) identifying and proposing statutory changes that the Under Secretary or the Secretary of the Air Force determine could accelerate the respective program;

(G) identifying accelerated goals for initial operational capability and full operational capability for the respective program; and

(H) such other options as the Under Secretary or the Secretary of the Air Force consider appropriate.

(c) Submission.—Not later than 120 days after the date of the enactment of this Act, the Under Secretary, in consultation with the Secretary of the Air Force, shall submit to the congressional defense committees the plans developed under subsection (a), including an assessment of the options considered and the options selected to be implemented under the plans.

(d) Briefing.—Not later than 160 days after the date of the enactment of this Act, the Commander of the United States Strategic Command shall provide to the congressional defense committees a briefing on the views of the Commander with respect to the plans developed under subsection (a).

(e) Definitions.—In this section:

(1) The term “milestone B decision” has the meaning given that term in section 2400(a) of title 10, United States Code.

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

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

(a) Availability of funds.—Notwithstanding section 1502(a) of title 31, United States Code, of the amount authorized to be appropriated for fiscal year 2019 by section 101 and available for Missile Procurement, Air Force, as specified in the funding table in division G, $9,841,000 shall be available for the procurement of covered parts pursuant to contracts entered into under section 1645(a) of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3651).

(b) Covered parts defined.—In this section, the term “covered parts” means commercially available off-the-shelf items as defined in section 104 of title 41, United States Code.

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

(a) Prohibition.—Except as provided by subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for the Department of Defense shall be obligated or expended for—

(1) reducing, or preparing to reduce, the responsiveness or alert level of the intercontinental ballistic missiles of the United States; or

(2) reducing, or preparing to reduce, the quantity of deployed intercontinental ballistic missiles of the United States to a number less than 400.

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

(1) The maintenance or sustainment of intercontinental ballistic missiles.

(2) Ensuring the safety, security, or reliability of intercontinental ballistic missiles.

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

Section 1664 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2615), as amended by section 1663 by the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91), is amended by striking “2019” and inserting “2020”.

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

(a) Findings.—Congress finds the following:

(1) Maintaining a safe, effective, and reliable nuclear arsenal and command and control system are high priorities for ensuring national security.

(2) The current launch-under-attack option, particularly for the intercontinental ballistic missile forces, could require a quick decision, on the order of minutes, on whether to use these weapons to respond to an incoming attack.

(b) Independent study.—Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into a contract with a federally funded research and development center to conduct a study on the potential benefits and risks of reducing the role of the launch-under-attack option with respect to planning by the United States relating to nuclear weapons.

(c) Selection.—The Secretary may not enter into the contract under subsection (b) with a federally funded research and development center for which the Air Force is the primary sponsor.

(d) Reports.—

(1) SUBMISSION TO DOD.—Not later than 270 days after the date of the enactment of this Act, the federally funded research and development center shall submit to the Secretary a report containing the study conducted under subsection (b). Such report shall include the findings and recommendations of the center.

(2) SUBMISSION TO CONGRESS.—Not later than 30 days after the date on which the Secretary receives the report under paragraph (1), the Secretary shall submit to the congressional defense committees such report, without change.

(3) FORM.—The reports under paragraphs (1) and (2) shall be submitted in unclassified form, but may include a classified annex.

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.

Section 1043(a)(1) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1576) is amended by striking “2019” and inserting “2022”.

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

It is the sense of Congress that—

(1) for more than 70 years, the nuclear deterrent of the United States has played a central role in the national security of the United States and international stability;

(2) the nuclear forces of the United States have and will continue to play a fundamental role in deterring aggression against the interests of the United States and the allies of the United States in an increasingly dangerous world;

(3) strong, credible, and flexible nuclear forces of the United States assure the allies of the United States that the extended deterrence guarantees of the United States are credible and that the resolve of the United States remains strong even in the face of nuclear provocations, including nuclear coercion and blackmail;

(4) the 2017 National Security Strategy and the 2018 National Defense Strategy correctly assess that, due to increased global disorder and complexity, the decline of the international rules-based order and security environment, and the erosion of the competitive advantages of the United States, interstate strategic competition must now be the primary focus of the national security strategy of the United States;

(5) the 2018 Nuclear Posture Review aligns with these conclusions, and recognizes that deterrence is dynamic, not static, and that while the nuclear posture and policies of the United States are underpinned by enduring consistency, such posture and policies must also undergo measured adjustments to remain credible as threats evolve;

(6) the Russian Federation has elevated the role of nuclear weapons in its strategies, is developing and deploying new nuclear capabilities (including a recently announced nuclear-powered cruise missile and high-speed, nuclear-powered underwater drone), is violating many arms control agreements (including the INF Treaty), and has made explicit nuclear threats against the United States and the allies of the United States;

(7) the United States remains committed to its full range of nuclear arms control and nonproliferation obligations and seeks continued engagement for prudent and verifiable agreements, however, the policies and actions of the United States must also hold states that violate arms control treaties accountable for such violations and take such violations into account when considering further arms control agreements;

(8) the North Atlantic Treaty Organization (NATO) plays an essential role in the national security of the United States and NATO should continue to strengthen and align its nuclear and conventional deterrence posture, planning, and exercises to align with modern threats, including modernizing its dual-capable aircraft, command and control networks, nuclear-related facilities, and conventional capabilities;

(9) to deter large-scale, catastrophic war with Russia, the People’s Republic of China, and other potential adversaries, as well as reassure allies, the United States requires reliable, diverse, and tailorable nuclear forces that are able to respond to a variety of current threats while preparing for future uncertainty;

(10) the 2018 Nuclear Posture Review reconfirms the value of the nuclear triad and dual-capable aircraft of the United States, directs the continuation of the comprehensive nuclear modernization program initiated by the previous administration, and proposes two supplemental capabilities (a lower-yield submarine-launched ballistic missile warhead and a sea-launched cruise missile) that will strengthen deterrence and assurance and reduce the chances that nuclear weapons are used in conflict;

(11) three successive Secretaries of Defense across two administrations have stated that nuclear deterrence is the highest priority mission of the Department of Defense; and

(12) in light of this prioritization, the age of the current nuclear forces and infrastructure of the United States, and the small percentage of the defense budget that will be expended on the recapitalization of the nuclear deterrent of the United States, the modernization of the nuclear forces, command and control systems, and supporting infrastructure of the United States is affordable and a national imperative.

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

It is the sense of Congress that—

(1) the nuclear program of the Democratic People’s Republic of Korea poses a critical national security threat not only to the United States, but to the security and stability of the entire Indo-Pacific region, including South Korea, Japan, and Australia;

(2) the nuclear and conventional forces of the United States continue to play a fundamental role in deterring aggression against its interests and the interests of its allies in the Indo-Pacific region and beyond;

(3) the United States stands unwaveringly behind its treaty obligations and assurances, including those related to defense and extended nuclear deterrence, to South Korea, Japan, and Australia;

(4) the complete, verifiable, and irreversible denuclearization of the Democratic People’s Republic of Korea remains a central foreign policy objective of the United States;

(5) the status of any denuclearization or end-of-conflict agreement with the Democratic People’s Republic of Korea should not supersede such treaty obligations and assurances described in paragraph (3); and

(6) the presence of United States Forces on the Korean Peninsula should remain strong and enduring.

subtitle EMissile Defense Programs

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

(a) Findings.—Congress finds the following:

(1) Absent a missile defense review, the budget of the President submitted to Congress under section 1105(a) of title 31, United States Code, for fiscal year 2019 did not propose funding for efforts within the Missile Defense Agency to further develop the Missile Defense Tracking System (a future space sensor architecture) and instead funds were provided to the Air Force to determine the plan of the Department of Defense for future missile warning and tracking capabilities.

(2) Delaying development and deployment of a space-based missile tracking capability further places the United States at a disadvantage against hypersonic threats.

(b) Development required.—Subsection (a) of section 1683 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131. Stat. 1777) is amended by striking “If consistent with the direction or recommendations of the Ballistic Missile Defense Review that commenced in 2017, the Director of the Missile Defense Agency” and inserting “Beginning fiscal year 2019, the Director of the Missile Defense Agency, in coordination with the Director of National Intelligence, the Commander of the Air Force Space Command, and the Commander of the United States Strategic Command,”.

(c) Plan.—

(1) 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 the development of the space-based sensor architecture under subsection (a) of section 1683 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1777), not more than 25 percent may be obligated or expended until the date on which the Director of the Missile Defense Agency submits the plan under subsection (e) of such section.

(2) CLARIFICATION OF ROLES.—Section 1683(e) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1777) is amended by striking “the Director shall submit” and inserting “the Director of the Missile Defense Agency, in coordination with the Director of National Intelligence, the Commander of the Air Force Space Command, and the Commander of the United States Strategic Command shall submit”.

(d) Report on use of other authorities.—Such section 1683 is further amended—

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

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

“(f) Report on use of other authorities.—Not later than January 31, 2019, the Director of the Missile Defense Agency shall submit to the appropriate congressional committees a report on the options available to the Director to use other transactional authorities pursuant to section 2371 of title 10, United States Code, to accelerate the development and deployment of the sensor architecture required by subsection (a).”.

SEC. 1662. Boost phase ballistic missile defense.

(a) Development and study.—Section 1685 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2431 note) is amended by adding at the end the following new subsections:

“(d) Development.—

“(1) REQUIREMENT.—Beginning fiscal year 2019, the Director of the Missile Defense Agency shall carry out a program to develop boost phase intercept capabilities that—

“(A) are cost effective;

“(B) are air-launched, ship-based, or both; and

“(C) include kinetic interceptors.

“(2) PARTNERSHIPS.—In developing kinetic boost phase intercept capabilities under paragraph (1), the Director may enter into partnerships with the Ministry of National Defense of the Republic of Korea or the Ministry of Defense of Japan, or both.

“(e) Independent study.—

“(1) REQUIREMENT.—The Secretary of Defense shall seek to enter into an agreement with a federally funded research and development center to conduct a feasibility study on providing an initial or demonstrated boost phase capability using unmanned aerial vehicles and kinetic interceptors by December 31, 2021. Such study shall include, at a minimum, a review of the study published by the Science, Technology, and National Security Working Group of the Massachusetts Institute of Technology in 2017 titled ‘Airborne Patrol to Destroy DPRK ICBMs in Powered Flight’.

“(2) SUBMISSION.—Not later than July 31, 2019, the Secretary shall submit to the congressional defense committees the study conducted under paragraph (1).”.

(b) Directed energy development.—Subsection (b) of such section is amended—

(1) by striking “The Secretary of Defense” and inserting the following:

“(1) IN GENERAL.—The Secretary of Defense”; and

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

“(2) ROLE OF DIRECTOR.—

“(A) TRANSFER OF RESPONSIBILITY.—Beginning fiscal year 2019, the Secretary shall transfer from the Under Secretary of Defense for Research and Engineering to the Director of the Missile Defense Agency the responsibility to continue developing the interim directed energy boost phase ballistic missile defense capability specified in paragraph (1).

“(B) OTHER PROGRAMS.—In continuing the development under subparagraph (A), the Director shall—

“(i) leverage the efforts of the Under Secretary under the high energy laser advanced development program; and

“(ii) share with the Under Secretary any information useful to such program.

“(C) BRIEFING.—Not later than February 28, 2019, the Director shall provide to the Committees on Armed Services of the House of Representatives and the Senate, and to any other congressional defense committee upon request, a briefing on—

“(i) specific criteria that the Director will address in the development under subparagraph (A); and

“(ii) parameters used to measure progress in such development.”.

(c) Modification to sense of Congress.—Subsection (a) of such section is amended by striking “, if consistent with the direction or recommendations of the Ballistic Missile Defense Review that commenced in 2017”.

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

(a) Research and development.—

(1) TRANSFER.—Not later than September 30, 2020, the Secretary of Defense shall transfer the authority and the total obligational authority for each research and development program described in paragraph (2) from the Under Secretary of Defense for Research and Engineering to the Director of the Missile Defense Agency.

(2) RESEARCH AND DEVELOPMENT PROGRAM DESCRIBED.—A research and development program described in this paragraph is a program that the Under Secretary identifies as meeting each of the following criteria:

(A) The program consists of efforts to develop prototypes or science and technology, or has not yet received Milestone B approval (as defined in section 2366 of title 10, United States Code).

(B) The efforts of the program either—

(i) are planned to be incorporated into ballistic missile defense systems; or

(ii) have explicit applications for ballistic missile defense or hypersonic defense.

(3) REPORT.—Not later than March 31, 2019, the Under Secretary shall submit to the congressional defense committees a report that—

(A) lists each research and development program identified under paragraph (2); and

(B) a summary of the efforts and funding required for such programs during the period covered by the future-years defense program under section 221 of title 10, United States Code, as of the date of the report.

(b) Notification on changes to non-standard acquisition processes and responsibilities.—

(1) LIMITATION.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for the Secretary of Defense may be obligated or expended to change the non-standard acquisition processes and responsibilities described in paragraph (2) until—

(A) the Secretary notifies the congressional defense committees of such proposed change; and

(B) a period of 180 days has elapsed following the date of such notification.

(2) NON-STANDARD ACQUISITION PROCESSES AND RESPONSIBILITIES DESCRIBED.—The non-standard acquisition processes and responsibilities described in this paragraph are such processes and responsibilities described in—

(A) the memorandum of the Secretary of Defense titled “Missile Defense Program Direction” signed on January 2, 2002;

(B) Department of Defense Directive 5134.09, as in effect on the date of the enactment of this Act; and

(C) United States Strategic Command Instruction 583–3.

(c) Integrated master test plan information.—

(1) PUBLIC AVAILABILITY.—Together with the release of each integrated master test plan of the Missile Defense Agency, the Director of the Missile Defense Agency shall make publicly available a version of each such plan that identifies the fiscal year and the fiscal quarter in which events under the plan will occur.

(2) SUBMISSION.—Not later than 30 days after the budget of the President for each of fiscal years 2020 and 2021 is submitted to Congress under section 1105 of title 31, United States Code, the Director shall submit to the congressional defense committees the integrated master test plan of the Missile Defense Agency, including any classified and unclassified versions of such plan.

(d) Missile Defense Executive Board.—In addition to the Under Secretary of Defense for Research and Engineering serving as chairman of the Missile Defense Executive Board pursuant to section 1676(c)(3)(B) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1773), the Under Secretary of Defense for Acquisition and Sustainment shall serve—

(1) as a member of the Board; and

(2) as co-chairman with respect to decisions regarding acquisition and the approval of acquisition and production milestones, including with respect to the use of other transaction authority contracts and transactions in excess of $500,000,000 (including all options).

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

(a) Findings.—Congress finds the following:

(1) The United States homeland (including Hawaii and Alaska) is currently protected against intercontinental ballistic missiles by the ground-based midcourse defense system, with 44 ground-based interceptors located at Fort Greely, Alaska, and Vandenberg, California.

(2) The Department of Defense plans to expand the number of ground-based interceptors to 64 interceptors by 2023 by adding Missile Field 4 at Fort Greely, Alaska.

(b) Sense of Congress.—It is the sense of Congress that the United States should—

(1) continue to explore and deploy capabilities that increase the layered defense of the United States homeland;

(2) support, if determined by the Secretary of Defense as necessary for the national security of the United States, the deployment of a ground-based interceptor site, or potential other ballistic missile defense systems pending successful testing, on the East Coast of the United States that—

(A) weighs cost effectiveness and prioritization of capability; and

(B) provides for increased protection of the continental United States from North Korean and Iranian threats;

(3) support the ability of the Army, the Navy, and the Missile Defense Agency to deploy fixed, semi-fixed, and mobile at-sea and ashore assets to locations to increase the layered defense of all of the United States homeland; and

(4) support, as appropriate, further analysis and testing for regional systems to be employed for the layered defense of the United States homeland.

(c) Certification.—Before the Secretary of Defense makes a potential determination to deploy regional assets to provide missile defense from longer range threats, the Secretary shall certify to the congressional defense committees that such deployment would not unnecessarily undermine or pose additional risk to strategic stability.

(d) Briefing.—Not later than January 31, 2019, the Director of the Missile Defense Agency, in coordination with the Under Secretary of Defense for Policy, the Commander of the United States Northern Command, and the Commander of the United States Pacific Command, shall provide to the Committees on Armed Services of the House of Representatives and the Senate, and to any other congressional defense committee upon request, a briefing that—

(1) describes options and plans to increase or improve the layered protection of the United States homeland (including Hawaii and Alaska) from threats posed by North Korea and threats posed by Iran;

(2) addresses the capabilities and reliability of missile defense systems to defend against potential trajectories of missiles from both the North and South Poles; and

(3) addresses technical capability and policy with respect to such options.

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

(a) Successful testing required.—Except as provided by subsection (b), the Director of the Missile Defense Agency may not make a lot production decision for the redesigned kill vehicle unless the vehicle has undergone at least one successful flight intercept test that meets the following criteria:

(1) The test sufficiently assesses the performance of the vehicle in order to inform a lot production decision.

(2) The results of the test demonstrate that the vehicle—

(A) will work in an effective manner; and

(B) has the ability to accomplish the intended mission of the vehicle.

(b) Waiver.—The Secretary of Defense, without delegation, may waive subsection (a) if—

(1) the Secretary determines that the waiver is in the interest of national security;

(2) the Secretary determines that the threat of missiles is advancing at a pace that requires additional capacity of the ground-based midcourse system by 2023;

(3) the Secretary determines that the waiver is appropriate in light of the assessment conducted by the Director of Operational Test and Evaluation under subsection (c);

(4) the Secretary submits to the congressional defense committees a report containing—

(A) a notice of the waiver, including the rationale of the Secretary for making the waiver;

(B) a certification by the Secretary that the Secretary has analyzed and accepts the risk of making and implementing a lot production decision for the redesigned kill vehicle prior to the vehicle undergoing a successful flight intercept test; and

(C) the assessment of the Director of Operational Test and Evaluation under subsection (c); and

(5) a period of 30 days elapses following the date on which the Secretary submits the report under paragraph (4).

(c) Assessment on risks.—The Director of Operational Test and Evaluation shall submit to the Secretary of Defense an assessment on the risks of making a lot production decision for the redesigned kill vehicle prior to the vehicle undergoing a successful flight intercept test.

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

(a) Force structure assessment.—The Secretary of the Navy, in consultation with the Director of the Missile Defense Agency, shall include in the first force structure assessment conducted following the date of the enactment of this Act the following:

(1) An assessment of the requirements for ballistic missile defense capable ships.

(2) The force structure requirements associated with advanced ballistic missile defense capabilities.

(b) Force structure assessment defined.—The term “force structure assessment” has the meaning given the term in Chief of Naval Operations Instruction 3050.27.

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

(a) Authority for multiyear procurement.—Subject to section 2306b of title 10, United States Code, the Director of the Missile Defense Agency may enter into one or more multiyear contracts, beginning with the 2019 program year, for the procurement of standard missile–3 block IB missiles.

(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.

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

(a) Limitation.—If the Secretary of the Army issues an acquisition strategy for a 360-degree lower tier air and missile defense sensor pursuant to section 1679(a) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1774) that proposes such sensor achieve initial operating capability later than December 31, 2023, not more than 50 percent of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for such sensor may be obligated or expended until the date on which the Secretary submits to the congressional defense committees a report—

(1) explaining the rationale of such delayed initial operating capability, including a description of any technological or acquisition-related factors causing such delay; and

(2) containing a funding profile and schedule to ensure that such sensor would achieve initial operating capability by December 31, 2023.

(b) Performance specification.—The Secretary shall ensure that the performance specification of the 360-degree lower tier air and missile defense sensor—

(1) specifies requirements relating to—

(A) detecting and tracking complex attacks from air breathing threats, tactical ballistic missiles, and emerging hypersonic weapons; and

(B) being a key component of the future integrated air and missile defense architecture of the Army and supporting engagements for the full range and capability of Patriot Advanced Capability–3 missile segment enhancement interceptors; and

(2) uses evaluation criteria that enables an understanding of the cost and value of procuring such sensor in accordance with such specified requirements.

SEC. 1669. Missile defense radar in Hawaii.

(a) Sense of Congress.—It is the sense of Congress that the Secretary of Defense, acting through the Director of the Missile Defense Agency, and in coordination with relevant Federal and local entities, should—

(1) ensure an on-time or improved delivery schedule of the discrimination radar for homeland defense to be made operational in Hawaii; and

(2) accelerate the deployment of the radar as much as possible, contingent on the environmental review process pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(b) Certification.—Not later than 45 days after the date of the enactment of this Act, the Director of the Missile Defense Agency shall certify to the congressional defense committees that—

(1) the Director is on schedule to award the contract for the discrimination radar for homeland defense planned to be located in Hawaii by December 31, 2018; and

(2) such radar and associated in-flight interceptor communications system data terminal will be operational by not later than September 30, 2023.

(c) Briefings.—

(1) DELAYED SCHEDULE.—If the Director is unable to certify under subsection (b) that the Director is on schedule to award the contract for the discrimination radar for homeland defense planned to be located in Hawaii by December 31, 2018, not later than 45 days after the date of the enactment of this Act, and on a biweekly basis thereafter until the date of the award, the Director shall provide to the Committees on Armed Services of the House of Representatives and the Senate, and to any other congressional defense committee upon request, a briefing explaining—

(A) the rationale for the delay in such schedule; and

(B) any effects of such delay in making such radar and associated in-flight interceptor communications system data terminal operational by not later than September 30, 2023.

(2) SEMIANNUAL.—Not later than 45 days after the date of the enactment of this Act, and semiannually thereafter through 2021, the Director shall provide to the Committees on Armed Services of the House of Representatives and the Senate, and to any other congressional defense committee upon request, a briefing on—

(A) the acquisition of the discrimination radar for homeland defense planned to be located in Hawaii and the associated in-flight interceptor communications system data terminal; and

(B) the environmental review process for such radar pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

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

(a) Reports.—Not later than 10 days after the date on which the budget of the President for each of fiscal years 2020 and 2021 is submitted to Congress pursuant to section 1105 of title 31, United States Code, the Director of the Missile Defense Agency shall submit to the Secretary of Defense and the Chairman of the Joint Chiefs of Staff, and to the congressional defense committees, a report on the unfunded priorities of the Missile Defense Agency.

(b) Elements.—

(1) MATTERS INCLUDED.—Each report under subsection (a) shall specify, for each unfunded priority covered by such report, the following:

(A) A summary description of such priority, including the objectives to be achieved if such priority is funded (whether in whole or in part).

(B) The additional amount of funds recommended in connection with the objectives under subparagraph (A).

(C) Account information with respect to such priority, including, as applicable—

(i) the line item number for applicable procurement accounts;

(ii) the program element number for applicable research, development, test, and evaluation accounts; and

(iii) the sub-activity group for applicable operation and maintenance accounts.

(2) PRIORITIZATION OF PRIORITIES.—Each report under subsection (a) shall present the unfunded priorities covered by such report in order of urgency of priority.

(c) Unfunded priority defined.—In this section, the term “unfunded priority”, in the case of a fiscal year, means a program, activity, or mission requirement of the Missile Defense Agency that—

(1) is not funded in the budget of the President for the fiscal year as submitted to Congress pursuant to section 1105 of title 31, United States Code;

(2) is necessary to fulfill a requirement associated with an operational or contingency plan of a combatant command or other validated requirement; and

(3) would have been recommended for funding through the budget referred to in paragraph (1) by the Director of the Missile Defense Agency in connection with the budget if—

(A) additional resources had been available for the budget to fund the program, activity, or mission requirement; or

(B) the program, activity, or mission requirement has emerged since the budget was formulated.

SEC. 1671. Report on ballistic missile defense.

(a) Findings.—Congress finds the following:

(1) The Secretary of Defense is conducting a ballistic missile defense review that will assess the capabilities and requirements for homeland, regional, and theater missile defense.

(2) This review will have significant implications for national security and potentially on resource prioritization and requirements.

(3) The review was initially expected to have been completed by January but has been delayed several months due to revisions and has not yet been submitted to Congress.

(b) Report.—Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on ballistic missile defense that addresses the implications for planned programs of record, costs and resource prioritization, and strategic stability.

(c) CBO report on costs relating to ballistic, cruise, and hypersonic defenses of the United States.—

(1) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Director of the Congressional Budget Office shall submit to the congressional defense committees a report setting forth the following:

(A) An estimate of the costs over the 10-year period beginning on the date of the report associated with—

(i) fielding and maintaining the current and planned ballistic, cruise, and hypersonic defenses of the United States; and

(ii) implementing any new recommendations of the Ballistic Missile Defense Review with regard to ballistic, cruise, and hypersonic defenses.

(B) An estimate of the costs to design, launch, maintain, and operate space-based sensors of different constellation sizes ranging from limited to comprehensive.

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

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

(a) Findings.—Congress finds the following:

(1) The United States and Israel signed a Memorandum of Understanding on September 14, 2016, that covers the 10-year period beginning with fiscal year 2019.

(2) The Memorandum of Understanding states that the United States will provide annual funding of $500,000,000 for cooperative programs to develop, produce, and procure missile, rocket, and projectile defense capabilities to help Israel meet its security needs and to help develop and enhance the missile defense capabilities of the United States.

(3) The Memorandum of Understanding further states that Israel may seek additional missile defense funding from the United States in exceptional circumstances, as may be jointly agreed by the United States and Israel.

(b) Sense of Congress.—It is the sense of Congress that—

(1) the strong and enduring relationship between the United States and Israel is in the national security interest of both countries; and

(2) the September 2016 Memorandum of Understanding between the United States and Israel, including the provisions of the memorandum relating to missile and rocket defense cooperation, is a critical component of the bilateral relationship.

SEC. 1673. Report on countermeasures test program.

Not later than 60 days after the date of the enactment of this Act, the Director of the Missile Defense Agency shall submit to the congressional defense committees a report on the status of the countermeasures test program. The report shall include an evaluation and response to the 2010 report by the JASON Defense Advisory Panel titled “MDA Discrimination”, numbered JSR-10.620, with regard to the recommendations of that report on forming a countermeasures test program through an independent agency to—

(1) challenge the countermeasure efforts of the Missile Defense Agency;

(2) design countermeasures for the Missile Defense Agency;

(3) simulate such countermeasures against the national missile defense; and

(4) as appropriate, in cooperation with the Director, build and test countermeasures in intercept flight tests.

subtitle FOther Matters

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

Section 1691 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1786) is amended—

(1) in subsection (e)—

(A) in paragraph (1)(A), by striking “April 1, 2019” and inserting “December 1, 2019”; and

(B) in paragraph (3), by striking “October 1, 2018” and inserting “March 1, 2019”; and

(2) in subsection (h), by striking “October 1, 2019” and inserting “the date that is 180 days after the date on which the Commission submits the report under subsection (e)(1)”.

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

(a) Business case analysis.—

(1) GOVERNMENT-OWNED, CONTRACTOR OPERATED.—The Secretary of the Army and the Deputy Assistant Secretary of Defense for Manufacturing and Industrial Base Policy shall jointly conduct a business case analysis of the Federal Government using a Government-owned, contractor-operated model to ensure a robust domestic industrial base to supply specialty chemicals, including ammonium perchlorate, for use in solid rocket motors. Such analysis shall include assessments of the near- and long-term costs, operating and sustainment costs, program impacts, opportunities for competition, opportunities for redundant or complementary capabilities, and national security implications of using such a model.

(2) REPORT.—Not later than March 1, 2019, the Secretary and the Deputy Assistant Secretary shall submit to the congressional defense committees the business case analysis conducted under paragraph (1).

(b) Full and open competition.—

(1) USE.—To the extent practicable, in awarding a contract for the sale of ammonium perchlorate from retired solid rocket motors, the Secretary of Defense shall use full and open competition (as defined in section 107 of title 41, United States Code).

(2) NOTIFICATION.—If the Secretary awards a contract for the sale of ammonium perchlorate from retired solid rocket motors using procedures that do not include full and open competition, the Secretary shall notify the congressional defense committees of such award not later than 30 days after the date of such award.

SEC. 1683. Conventional prompt global strike hypersonic capabilities.

(a) Validated requirements.—Not later than November 30, 2018, the Secretary of Defense shall submit to the congressional defense committees a validated requirement for ground-, sea-, or air-launched (or a combination thereof) conventional prompt global strike hypersonic capabilities.

(b) Report.—Not later than January 31, 2019, the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Secretary of the Navy and the Under Secretary of Defense for Policy, shall submit to the congressional defense committees a report that contains the following:

(1) A plan to deliver a conventional prompt global strike weapon system that—

(A) is in accordance with section 1693 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1791); and

(B) includes—

(i) options with cost estimates for accelerating the initial capability for such system; and

(ii) a description of policy decisions by the Secretary of Defense that are necessary to employ hypersonic offense capabilities from each potential launch platform of such system.

(2) Details with respect to the assessed level of ambiguity and misinterpretation risk relating to the conventional prompt global strike weapon system, including such potential risks associated with warhead ambiguity, platform ambiguity (including if adversary sensors are degraded), perceptions of the survivability of strategic nuclear forces, and likely adversary responses.

(3) A description of whether, when, and how the Under Secretary would address the risks identified under paragraph (2) in developing and deploying the conventional prompt global strike weapon system and in developing the concept of operations for such system.

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

(a) Report.—

(1) IN GENERAL.—Not later than April 15, 2019, the Under Secretary of Defense for Acquisition and Sustainment, in consultation with the Secretaries of the military departments that the Under Secretary determines appropriate, shall submit to the appropriate congressional committees a report on whether, and if so, how, the Federal Government will sustain more than one supplier for large solid rocket motors.

(2) MATTERS INCLUDED.—The report under paragraph (1) shall include an assessment of the following:

(A) The risks within the industrial base for large solid rocket motors, including the risks to national security.

(B) The near- and long-term costs associated with having a single source of large solid rocket motors as compared to having more than one such source.

(C) Options for sustaining more than one supplier for large solid rocket motors, including through leveraging—

(i) the ground-based strategic deterrent program;

(ii) the Trident II D5 fleet ballistic missile program;

(iii) the ground-based midcourse defense program;

(iv) national security space launch programs;

(v) programs of the National Aeronautics and Space Administration; and

(vi) any other applicable programs that use or may use solid rocket motors of any size, including with respect to substrategic and tactical systems.

(b) Briefing.—Not later than November 30, 2018, the Under Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate, and to any other appropriate congressional committee upon request, a briefing on the industrial base for large solid rocket motors.

(c) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means the following:

(1) The congressional defense committees.

(2) The Committee on Science, Space, and Technology and the Permanent Select Committee on Intelligence of the House of Representatives.

(3) The Committee on Commerce, Science, and Transportation and the Select Committee on Intelligence of the Senate.

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

Not later than 270 days after the date of the enactment of this Act, the Director of National Intelligence shall commission and produce a National Intelligence Estimate, which may be submitted in classified form with an unclassified summary, on Russian and Chinese interference in democratic countries around the world, including the United States, that contains specific descriptions of such interference. Not later than 60 days after the submission of the National Intelligence Estimate required under this section, the Secretary of Defense shall report to Congress on efforts of the Department of Defense to deter such interference. Such report shall describe and assess any actions taken by the Department, including cooperation with other Federal agencies and other countries to deter such interference.

DIVISION BMilitary Construction Authorizations

SEC. 2001. Short title.

This division may be cited as the “Military Construction Authorization Act for Fiscal Year 2019”.

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

(a) Expiration of authorizations after five years.—Except as provided in subsection (b), all authorizations contained in titles XXI through XXVII and title XXIX for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor) shall expire on the later of—

(1) October 1, 2023; or

(2) the date of the enactment of an Act authorizing funds for military construction for fiscal year 2024.

(b) Exception.—Subsection (a) shall not apply to authorizations for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor), for which appropriated funds have been obligated before the later of—

(1) October 1, 2023; or

(2) the date of the enactment of an Act authorizing funds for fiscal year 2024 for military construction projects, land acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment Program.

SEC. 2003. Effective date.

Titles XXI through XXVII and title XXIX shall take effect on the later of—

(1) October 1, 2018; or

(2) the date of the enactment of this Act.

TITLE XXIArmy Military Construction

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

(a) Inside the United States.—Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military construction projects inside the United States as specified in the funding table in section 7601, the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:

Army: Inside the United States
State Installation Amount
Alabama Anniston Army Depot $5,200,000
California Fort Irwin $29,000,000
Colorado Fort Carson $77,000,000
Georgia Fort Gordon $99,000,000
Indiana Crane Army Ammunition Plant $16,000,000
Kentucky Fort Campbell $50,000,000
Fort Knox $26,000,000
Maryland Fort Meade $16,500,000
New Jersey Picatinny Arsenal $41,000,000
New Mexico White Sands Missile Range $40,000,000
New York U.S. Military Academy $160,000,000
North Carolina Fort Bragg $10,000,000
South Carolina Fort Jackson $52,000,000
Texas Fort Bliss $24,000,000
Fort Hood $9,600,000

(b) Outside the United States.—Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military construction projects outside the United States as specified in the funding table in section 7601, the Secretary of the Army may acquire real property and carry out the military construction project for the installations or locations outside the United States, and in the amount, set forth in the following table:

Army: Outside the United States
Country Installation Amount
Germany East Camp Grafenwoehr $31,000,000
Honduras Soto Cano Air Base $21,000,000
Korea Camp Tango $17,500,000
Kuwait Camp Arifjan $44,000,000

SEC. 2102. Family housing.

(a) Construction and acquisition.—Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military family housing functions as specified in the funding table in section 7601, the Secretary of the Army may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number of units, and in the amounts set forth in the following table:

Army: Family Housing
State/Country Installation Units Amount
Italy Vicenza Family Housing New Construction $95,134,000
Korea Camp Walker Family Housing Replacement Construction $68,000,000
Puerto Rico Fort Buchanan Family Housing Replacement Construction $26,000,000
Wisconsin Fort McCoy Family Housing New Construction $6,200,000

(b) Planning and design.—Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military family housing functions as specified in the funding table in section 7601, the Secretary of the Army may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $18,326,000.

SEC. 2103. Authorization of appropriations, Army.

(a) Authorization of appropriations.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2018, for military construction, land acquisition, and military family housing functions of the Department of the Army as specified in the funding table in section 7601.

(b) Limitation on total cost of construction projects.—Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2101 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 7601.

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

(a) Extension.—Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2015 (division B of Public Law 113–291; 128 Stat. 3669), the authorizations set forth in the table in subsection (b), as provided in section 2101 of that Act (128 Stat. 3670), shall remain in effect until October 1, 2019, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2020, whichever is later.

(b) Table.—The table referred to in subsection (a) is as follows:

Army: Extension of 2015 Project Authorization
State/Country Installation Project Amount
California Military Ocean Terminal, Concord Access Control Point $9,900,000
Japan Kadena Air Base Missile Magazine $10,600,000

TITLE XXIINavy Military Construction

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

(a) Inside the United States.—Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a) and available for military construction projects inside the United States as specified in the funding table in section 7601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:

Navy: Inside the United States
State Installation or Location Amount
Arizona Camp Navajo $14,800,000
California Marine Corps Base Camp Pendleton $127,930,000
Marine Corps Air Station Miramar $31,980,000
Naval Air Station Lemoore $127,590,000
Naval Base Coronado $156,580,000
Naval Base San Diego $176,040,000
Naval Base Ventura $53,160,000
Naval Weapons Station Seal Beach $139,630,000
District of Columbia Naval Observatory $115,600,000
Florida Naval Air Station Whiting Field $10,000,000
Naval Station Mayport $111,460,000
Georgia Marine Corps Logistics Base Albany $31,900,000
Guam Joint Region Marianas $355,257,000
Hawaii Joint Base Pearl Harbor-Hickam $123,320,000
Marine Corps Base Hawaii $66,100,000
Maine Portsmouth Naval Yard $149,685,000
Mississippi Naval Construction Battalion Center $22,300,000
North Carolina Marine Corps Base Camp Lejeune $51,300,000
Marine Corps Air Station Cherry Point $240,830,000
Pennsylvania Naval Support Activity Philadelphia $71,050,000
South Carolina Marine Corps Air Station Beaufort $15,817,000
Marine Corps Recruit Depot, Parris Island $35,190,000
Utah Hill Air Force Base $105,520,000
Virginia Marine Corps Base Quantico $13,100,000
Norfolk Naval Shipyard $26,120,000
Washington Naval Base Kitsap $88,960,000
Naval Air Station Whidbey Island $27,380,000

(b) Outside the United States.—Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a) and available for military construction projects outside the United States as specified in the funding table in section 7601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installation or location outside the United States, and in the amounts, set forth in the following table:

Navy: Outside the United States
Country Installation or Location Amount
Bahamas Andros Island $31,050,000
Bahrain SW Asia $26,340,000
Cuba Naval Station Guantanamo Bay $104,700,000
Germany Panzer Kaserne $43,950,000
Japan Kadena Air Base $9,049,000

SEC. 2202. Family housing.

(a) Construction and acquisition.—Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a) and available for military family housing functions as specified in the funding table in section 7601, the Secretary of the Navy may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number of units, and in the amounts set forth in the following table:

Navy: Family Housing
Country Installation Units Amount
Guam Joint Region Marianas Replace Andersen Housing PH III $83,441,000

(b) Planning and design.—Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a) and available for military family housing functions as specified in the funding table in section 7601, the Secretary of the Navy may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $4,502,000.

SEC. 2203. Improvements to military family housing units.

Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2204(a) and available for military family housing functions as specified in the funding table in section 7601, the Secretary of the Navy may improve existing military family housing units in an amount not to exceed $16,638,000.

SEC. 2204. Authorization of appropriations, Navy.

(a) Authorization of appropriations.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2018, for military construction, land acquisition, and military family housing functions of the Department of the Navy, as specified in the funding table in section 7601.

(b) Limitation on total cost of construction projects.—Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2201 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 7601.

TITLE XXIIIAir Force Military Construction

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

(a) Inside the United States.—Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a) and available for military construction projects inside the United States as specified in the funding table in section 7601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:

Air Force: Inside the United States
State Installation or Location Amount
Alaska Eielson Air Force Base $63,800,000
Arizona Davis Monthan Air Force Base $15,000,000
Luke Air Force Base $40,000,000
Arkansas Little Rock Air Force Base $26,000,000
Florida Eglin Air Force Base $62,863,000
MacDill Air Force Base $3,100,000
Patrick Air Force Base $9,000,000
Guam Joint Region Marianas $9,800,000
Louisiana Barksdale Air Force Base $12,250,000
Mariana Islands Tinian $50,700,000
Maryland Joint Base Andrews $58,000,000
Massachusetts Hanscom Air Force Base $225,000,000
Nebraska Offutt Air Force Base $9,500,000
Nevada Creech Air Force Base $59,000,000
Nellis Air Force Base $5,900,000
New Mexico Holloman Air Force Base $85,000,000
Kirtland Air Force Base $7,000,000
New York Rome Lab $14,200,000
North Dakota Minot Air Force Base $66,000,000
Ohio Wright-Patterson Air Force Base $182,000,000
Oklahoma Altus Air Force Base $12,000,000
Tinker Air Force Base $166,000,000
South Carolina Shaw Air Force Base $53,000,000
Utah Hill Air Force Base $26,000,000
Washington Fairchild-White Bluff $14,000,000

(b) Outside the United States.—Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a) and available for military construction projects outside the United States as specified in the funding table in section 7601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installation or location outside the United States, and in the amount, set forth in the following table:

Air Force: Outside the United States
Country Installation or Location Amount
United Kingdom Royal Air Force Lakenheath $148,467,000
Worldwide Classified Classified Location $18,000,000

SEC. 2302. Family housing.

Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a) and available for military family housing functions as specified in the funding table in section 7601, the Secretary of the Air Force may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $3,199,000.

SEC. 2303. Improvements to military family housing units.

Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2304(a) and available for military family housing functions as specified in the funding table in section 7601, the Secretary of the Air Force may improve existing military family housing units in an amount not to exceed $75,247,000.

SEC. 2304. Authorization of appropriations, Air Force.

(a) Authorization of appropriations.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2018, for military construction, land acquisition, and military family housing functions of the Department of the Air Force, as specified in the funding table in section 7601.

(b) Limitation on total cost of construction projects.—Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2301 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 7601.

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

In the case of the authorization contained in the table in section 2301(b) of the Military Construction Authorization Act for Fiscal Year 2015 (division B of Public Law 113–291; 128 Stat. 3679) for Royal Air Force Croughton for JIAC Consolidation Phase 1, the authorization contained in the table in section 2301(b) of the Military Construction Authorization Act for Fiscal Year 2016 (division B of Public Law 114–92; 129 Stat. 1153) for Croughton Royal Air Force for JIAC Consolidation Phase 2, and the authorization contained in the table in section 2301(b) of the Military Construction Authorization Act for Fiscal Year 2017 (division B of Public Law 114–328; 130 Stat. 2697) for Royal Air Force Croughton for JIAC Consolidation Phase 3, the location shall be United Kingdom, Unspecified.

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

In the case of the authorization contained in the table in section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2017 (division B of Public Law 114–328; 130 Stat. 2696) for Joint Base San Antonio, Texas, for construction of a basic military training recruit dormitory, the Secretary of the Air Force may construct a 26,537 square meter dormitory in the amount of $92,300,000.

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

In the case of the authorization contained in the table in section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1825) for the United States Air Force Academy, Colorado, for construction of a cyberworks facility, the Secretary of the Air Force may construct a facility of up to 4,000 square meters.

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

(a) Project authorizations.—The Secretary of the Air Force may carry out military construction projects to construct—

(1) a 6,702 square meter Joint Simulation Environment Facility at Edwards Air Force Base, California, in the amount of $43,000,000;

(2) a 4,833 square meter Cyberspace Test Facility at Eglin Air Force Base, Florida, in the amount of $38,000,000; and

(3) a 4,735 square meter Joint Simulation Environment Facility at Nellis Air Force Base, Nevada, in the amount of $30,000,000.

(b) Use of research, development, test, and evaluation funds.—As provided for in the Defense Laboratory Modernization Pilot Program authorized by section 2803 of the Military Construction Authorization Act for Fiscal Year 2016 (10 U.S.C. 2358 note), the Secretary may use funds available for research, development, test, and evaluation for the projects described in subsection (a).

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

The Secretary of the Air Force may carry out a military construction project to construct a 150,000 square foot high-bay air cargo pallet storage and marshaling enclosure integral to installation of a mechanized material handling system at Travis Air Force Base, California, in the amount of $35,000,000.

TITLE XXIVDefense Agencies Military Construction

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

(a) Inside the United States.—Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for military construction projects inside the United States as specified in the funding table in section 7601, the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:

Defense Agencies: Inside the United States
State Installation or Location Amount
Alaska Clear Air Force Station $174,000,000
Joint Base Elmendorf-Richardson $14,000,000
Arkansas Little Rock Air Force Base $14,000,000
California Marine Corps Base Camp Pendleton $12,596,000
Defense Distribution Depot-Tracy $18,800,000
Naval Base Coronado $71,088,000
Colorado Fort Carson $24,297,000
Conus Classified Classified Location $49,222,000
Kentucky Fort Campbell $82,298,000
Maine Kittery $11,600,000
Maryland Fort Meade $805,000,000
Missouri St. Louis $447,800,000
New Jersey Joint Base McGuire-Dix-Lakehurst $10,200,000
North Carolina Fort Bragg $32,366,000
Marine Corps Air Station New River $32,580,000
Oklahoma McAlester $7,000,000
Texas Joint Base San Antonio $10,200,000
Red River Army Depot $71,500,000
Virginia Fort A.P. Hill $11,734,000
Fort Belvoir $6,127,000
Humphreys Engineer Center $20,257,000
Joint Base Langley-Eustis $12,700,000
Pentagon $35,850,000
Training Center Dam Neck $8,959,000
Washington Joint Base Lewis-McChord $26,200,000

(b) Outside the United States.—Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for military construction projects outside the United States as specified in the funding table in section 7601, the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:

Defense Agencies: Outside the United States
Country Installation or Location Amount
Belgium Chievres Air Base $14,305,000
Cuba Naval Station Guantanamo Bay $9,080,000
Germany Baumholder $11,504,000
Kaiserslautern Air Base $99,955,000
Wiesbaden $56,048,000
Japan Camp McTureous $94,851,000
Iwakuni $33,200,000
Kadena Air Base $21,400,000
Yokosuka $170,386,000

SEC. 2402. Authorized energy conservation projects.

Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for energy conservation projects as specified in the funding table in section 7601, the Secretary of Defense may carry out energy conservation projects under chapter 173 of title 10, United States Code, in the amount set forth in the table.

SEC. 2403. Authorization of appropriations, defense agencies.

(a) Authorization of appropriations.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2018, for military construction, land acquisition, and military family housing functions of the Department of Defense (other than the military departments), as specified in the funding table in section 7601.

(b) Limitation on total cost of construction projects.—Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2401 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 7601.

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

(a) Extension.—Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2015 (division B of Public Law 113–291; 128 Stat. 3669), the authorizations set forth in the table in subsection (b), as provided in section 2401 of that Act (128 Stat. 3681) and as amended by section 2406 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1831), shall remain in effect until October 1, 2019, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2020, whichever is later.

(b) Table.—The table referred to in subsection (a) is as follows:

Defense Agencies: Extension of 2015 Project Authorizations
State/Country Installation or Location Project Amount
Japan Commander Fleet Activities Sasebo E.J. King High School Replacement/Renovation $37,681,000
Japan Okinawa Kubasaki High School Replacement/Renovation $99,420,000
New Mexico Cannon AFB SOF Squadron Operations Facility (STS) $23,333,000
Virginia Pentagon Redundant Chilled Water Loop $15,100,000

TITLE XXVInternational Programs

subtitle ANorth Atlantic Treaty Organization Security Investment Program

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

The Secretary of Defense may make contributions for the North Atlantic Treaty Organization Security Investment Program as provided in section 2806 of title 10, United States Code, in an amount not to exceed the sum of the amount authorized to be appropriated for this purpose in section 2502 and the amount collected from the North Atlantic Treaty Organization as a result of construction previously financed by the United States.

SEC. 2502. Authorization of appropriations, NATO.

Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2018, for contributions by the Secretary of Defense under section 2806 of title 10, United States Code, for the share of the United States of the cost of projects for the North Atlantic Treaty Organization Security Investment Program authorized by section 2501 as specified in the funding table in section 7601.

subtitle BHost Country In-Kind Contributions

SEC. 2511. Republic of Korea funded construction projects.

Pursuant to agreement with the Republic of Korea for required in-kind contributions, the Secretary of Defense may accept military construction projects for the installations or locations, and in the amounts, set forth in the following table:



Republic of Korea Funded Construction Projects
Country Component Installation or Location Project Amount
Korea Army Camp Carroll Upgrade Electrical Distribution, Phase 2 $52,000,000
Army Camp Humphreys Site Development $7,800,000
Army Camp Humphreys Air Support Operations Squadron $25,000,000
Army Camp Humphreys Unaccompanied Enlisted Personnel Housing, P2 $76,000,000
Army Camp Humphreys Echelon Above Brigade Engineer Battalion, VMF $123,000,000
Army Camp Walker Repair/Replace Sewer Piping System $8,000,000
Navy Chinhae Indoor Training Pool $7,400,000
Navy Pohang Air Base Replace Ordnance Storage Magazines $87,000,000
Air Force Gimhae Air Base Airfield Damage Repair Warehouse $7,600,000
Air Force Gwangju Air Base Airfield Damage Repair Warehouse $7,600,000
Air Force Kunsan Air Base Explosive Ordnance Disposal Facility $8,000,000
Air Force Kunsan Air Base Upgrade Flow-Through Fuel System $23,000,000
Air Force Osan Air Base 5th Reconnaissance Squadron Aircraft Shelter $12,000,000
Air Force Osan Air Base Airfield Damage Repair Facility $22,000,000
Air Force Osan Air Base Communications HQ Building $45,000,000
Air Force Suwon Air Base Airfield Damage Repair Warehouse $7,200,000

TITLE XXVIGuard and Reserve Forces Facilities

subtitle AProject Authorizations and Authorization of Appropriations

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

Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 7601, the Secretary of the Army may acquire real property and carry out military construction projects for the Army National Guard locations inside the United States, and in the amounts, set forth in the following table:



Army National Guard
State Location Amount
Alaska Joint Base Elmendorf-Richardson $27,000,000
Illinois Marseilles Training Center $5,000,000
Montana Malta $15,000,000
Nevada North Las Vegas $32,000,000
New Hampshire Pembroke $12,000,000
North Dakota Fargo $32,000,000
Ohio Camp Ravenna $7,400,000
Oklahoma Lexington $11,000,000
South Dakota Rapid City $15,000,000

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

Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 7601, the Secretary of the Army may acquire real property and carry out military construction projects for the Army Reserve locations inside the United States, and in the amounts, set forth in the following table:



Army Reserve: Inside the United States
State Location Amount
California Fort Irwin $34,000,000
Washington Yakima Training Center $23,000,000
Wisconsin Fort McCoy $23,000,000

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

Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 7601, the Secretary of the Navy may acquire real property and carry out military construction projects for the Navy Reserve and Marine Corps Reserve locations inside the United States, and in the amounts, set forth in the following table:



Navy Reserve and Marine Corps Reserve
State Location Amount
California Naval Weapons Station Seal Beach $21,740,000
Georgia Fort Benning $13,630,000

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

Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 7601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air National Guard locations inside the United States, and in the amounts, set forth in the following table:



Air National Guard
State Location Amount
California Channel Islands Air National Guard Station $8,000,000
Hawaii Joint Base Pearl Harbor-Hickam $17,000,000
Illinois Greater Peoria Regional Airport $9,000,000
Louisiana Naval Air Station Joint Reserve Base New Orleans $39,000,000
Minnesota Duluth International Airport $8,000,000
Montana Great Falls International Airport $9,000,000
New York Francis S. Gabreski Airport $20,000,000
Ohio Mansfield Lahm Airport $13,000,000
Rickenbacker International Airport $8,000,000
Pennsylvania Fort Indiantown Gap $8,000,000
Virginia Joint Base Langley-Eustis $10,000,000

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

Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 7601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air Force Reserve locations inside the United States, and in the amounts, set forth in the following table:



Air Force Reserve
State Location Amount
Florida Patrick Air Force Base $24,000,000
Indiana Grissom Air Reserve Base $21,500,000
Massachusetts Westover Air Reserve Base $42,600,000
Minnesota Minneapolis-St. Paul International Airport $9,000,000
Mississippi Keesler Air Force Base $4,550,000
New York Niagara Falls International Airport $14,000,000
Ohio Youngstown Air Reserve Station $8,800,000
Texas Naval Air Station Joint Reserve Base Fort Worth $3,100,000

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

Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2018, for the costs of acquisition, architectural and engineering services, and construction of facilities for the Guard and Reserve Forces, and for contributions therefor, under chapter 1803 of title 10, United States Code (including the cost of acquisition of land for those facilities), as specified in the funding table in section 7601.

subtitle BOther Matters

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

In the case of the authorization contained in the table in section 2603 of the Military Construction Authorization Act for Fiscal Year 2016 (division B of Public Law 114–92; 129 Stat. 1164) for construction of a Reserve Training Center Complex at Dam Neck, Virginia, the Secretary of the Navy may construct the Reserve Training Center Complex at Joint Expeditionary Base Little Creek-Story, Virginia.

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

In the case of the authorization contained in the table in section 2601 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1834) for Fort Belvoir, Virginia, for additions and alterations to the National Guard Readiness Center, the Secretary of the Army may construct a new readiness center.

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

(a) Project authorization.—

(1) PROJECT.—The Secretary of the Navy may carry out a military construction project to construct a 50,000 square foot reserve training center, 6,600 square foot combat vehicle maintenance and storage facility, 2,400 square foot vehicle wash rack, 1,600 square foot covered training area, road improvements, and associated supporting facilities.

(2) ACQUISITION OF LAND.—As part of the project under this subsection, the Secretary may acquire approximately 8.5 acres of adjacent land and obtain necessary interest in land at Pittsburgh, Pennsylvania, for the construction and operation of the reserve training center.

(3) AMOUNT OF AUTHORIZATION.—The total amount of funds the Secretary may obligate and expend on activities under this subsection during fiscal year 2019 may not exceed $17,650,000.

(b) Use of unobligated prior-year navy military construction reserve funds.—The Secretary may use available, unobligated Navy military construction reserve funds for the project described in subsection (a).

(c) Congressional notification.—The Secretary of the Navy shall provide information in accordance with section 2851(c) of title 10, United States Code, regarding the project described in subsection (a). If it becomes necessary to exceed the estimated project cost, the Secretary shall utilize the authority provided by section 2853 of such title regarding authorized cost and scope of work variations.

TITLE XXVIIBase Realignment and Closure Activities

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

Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2018, for base realignment and closure activities, including real property acquisition and military construction projects, as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) and funded through the Department of Defense Base Closure Account established by section 2906 of such Act (as amended by section 2711 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2140)), as specified in the funding table in section 7601.

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

(a) Authorization.—Notwithstanding sections 993 or 2687 of title 10, United States Code, and subject to subsection (d), the Secretary of Defense may take such actions as may be necessary to carry out the realignment or closure of a military installation in a State during a fiscal year if—

(1) the military installation is the subject of a notice which is described in subsection (b); and

(2) the Secretary includes the military installation in the report submitted under paragraph (2) of subsection (c) with respect to the fiscal year.

(b) Notice from Governor of State.—A notice described in this subsection is a notice received by the Secretary of Defense from the Governor of a State (or, in the case of the District of Columbia, the Mayor of the District of Columbia) in which the Governor recommends that the Secretary carry out the realignment or closure of a military installation located in the State, and which includes each of the following elements:

(1) A specific description of the military installation, or a specific description of the relevant real and personal property.

(2) Statements of support for the realignment or closure from units of local government in which the installation is located.

(3) A detailed plan for the reuse or redevelopment of the real and personal property of the installation, together with a description of the local redevelopment authority which will be responsible for the implementation of the plan.

(c) Response to notice.—

(1) MANDATORY RESPONSE TO GOVERNOR AND CONGRESS.—Not later than 1 year after receiving a notice from the Governor of a State (or, in the case of the District of Columbia, from the Mayor of the District of Columbia), the Secretary of Defense shall submit a response to the notice to the Governor and the congressional defense committees indicating whether or not the Secretary accepts the recommendation for the realignment or closure of a military installation which is the subject of the notice.

(2) ACCEPTANCE OF RECOMMENDATION.—If the Secretary of Defense determines that it is in the interests of the United States to accept the recommendation for the realignment or closure of a military installation which is the subject of a notice received under subsection (b) and intends to carry out the realignment or closure of the installation pursuant to the authority of this section during a fiscal year, at the time the budget is submitted under section 1105(a) of title 31, United States Code, for the fiscal year, the Secretary shall submit a report to the congressional defense committees which includes the following:

(A) The identification of each military installation for which the Secretary intends to carry out a realignment or closure pursuant to the authority of this section during the fiscal year, together with the reasons the Secretary of Defense believes that it is in the interest of the United States to accept the recommendation of the Governor of the State involved for the realignment or closure of the installation.

(B) For each military installation identified under subparagraph (A), a master plan describing the required scope of work, cost, and timing for all facility actions needed to carry out the realignment or closure, including the construction of new facilities and the repair or renovation of existing facilities.

(C) For each military installation identified under subparagraph (A), a certification that, not later than the end of the fifth fiscal year after the completion of the realignment or closure, the savings resulting from the realignment or closure will exceed the costs of carrying out the realignment or closure, together with an estimate of the annual recurring savings that would be achieved by the realignment or closure of the installation and the timeframe required for the financial savings to exceed the costs of carrying out the realignment or closure.

(d) Limitations.—

(1) TIMING.—The Secretary may not initiate the realignment or closure of a military installation pursuant to the authority of this section until the expiration of the 90-day period beginning on the date the Secretary submits the report under paragraph (2) of subsection (c).

(2) TOTAL COSTS.—Subject to appropriations, the aggregate cost to the government in carrying out the realignment or closure of military installations pursuant to the authority of this section for all fiscal years may not exceed $2,000,000,000. In determining the cost to the government for purposes of this section, there shall be included the costs of planning and design, military construction, operations and maintenance, environmental restoration, information technology, termination of public-private contracts, guarantees, and other factors contributing to the cost of carrying out the realignment or closure, as determined by the Secretary.

(e) Process for implementation.—The implementation of the realignment or closure of a military installation pursuant to the authority of this section shall be carried out in accordance with section 2905 of the Defense Base Closure and Realignment Act of 1990 (title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) in the same manner as the implementation of a realignment or closure of a military installation pursuant to the authority of such Act.

(f) State defined.—In this section, the term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.

(g) Termination of authority.—The authority of the Secretary to carry out a realignment or closure pursuant to this section shall terminate at the end of fiscal year 2029.

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

Nothing in this Act shall be construed to authorize an additional Base Realignment and Closure (BRAC) round.

TITLE XXVIIIMilitary Construction General Provisions

subtitle AMilitary Construction Program and Military Family Housing

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

(a) Use of commercial standards.—Section 2667(b) of title 10, United States Code, is amended—

(1) by striking “and” at the end of paragraph (6);

(2) by striking the period at the end of paragraph (7) and inserting “; and”; and

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

“(8) shall provide that any facilities constructed on the property may be constructed using commercial standards in a manner that provides force protection safeguards appropriate to the activities conducted in, and the location of, such facilities.”.

(b) Effective date.—The amendment made by subsection (a) shall apply with respect to leases entered into during fiscal year 2019 or any succeeding fiscal year.

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

(a) Extension of authority.—Subsection (h) of section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 1723), as most recently amended by section 2804 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1846), is amended—

(1) in paragraph (1), by striking “December 31, 2018” and inserting “December 31, 2019”; and

(2) in paragraph (2), by striking “fiscal year 2019” and inserting “fiscal year 2020”.

(b) Limitation on use of authority.—Subsection (c)(1) of such section is amended—

(1) by striking “October 1, 2017” and inserting “October 1, 2018”;

(2) by striking “December 31, 2018” and inserting “December 31, 2019”; and

(3) by striking “fiscal year 2019” and inserting “fiscal year 2020”.

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

(a) Mandatory award of contracts under threshold amount.—Section 2855(b)(1) of title 10, United States Code, is amended by striking “subsection (a)—” and all that follows and inserting the following: “subsection (a), if the Secretary concerned estimates that the initial award of the contract will be in an amount less than the threshold amount determined under paragraph (2), the contract shall be awarded in accordance with the set aside provisions of the Small Business Act (15 U.S.C. 631 et seq.).”.

(b) Increase in threshold amount.—Section 2855(b)(2) of such title is amended—

(1) by striking “initial”;

(2) by striking “$300,000” and inserting “$1,000,000”; and

(3) by striking the second sentence.

(c) Effective date.—The amendments made by this section shall apply with respect to fiscal year 2019 and each succeeding fiscal year.

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

(a) Authority.—Section 2803 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1169; 10 U.S.C. 2358 note) is amended—

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

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

“(f) Additional authority to use funds for related architectural and engineering services and contract design.—

“(1) AUTHORITY.—In addition to the authority provided to the Secretary of Defense under subsection (a) to use amounts appropriated or otherwise made available for research, development, test, and evaluation for a military construction project referred to in such subsection, the Secretary of the military department concerned may use amounts appropriated or otherwise made available for research, development, test, and evaluation to obtain architectural and engineering services and to carry out construction design in connection with such a project.

“(2) NOTICE REQUIREMENT.—In the case of architectural and engineering services and construction design to be undertaken under this subsection for which the estimated cost exceeds $1,000,000, the Secretary concerned shall notify the appropriate committees of Congress of the scope of the proposed project and the estimated cost of such services before the initial obligation of funds for such services. The Secretary may then obligate funds for such services only after the end of the 14-day period beginning on the date on which the notification is received by the committees in an electronic medium pursuant to section 480 of this title.”.

(b) Conforming amendments to waive conditions applicable to existing authority.—

(1) CONDITION ON AND SCOPE OF PROJECT AUTHORITY.—Section 2803(b) of such Act is amended by striking “project under this section” and inserting “project under subsection (a)”.

(2) CONGRESSIONAL NOTIFICATION.—Section 2803(c) of such Act is amended by striking “carried out under this section” each place it appears in paragraphs (1) and (2) and inserting “carried out under subsection (a)”.

(3) DESCRIPTION OF AUTHORIZED PROJECTS.—Section 2803(d) of such Act is amended by striking “provided by this section” and inserting “provided by subsection (a)”.

(4) FUNDING LIMITATION.—Section 2803(e) of such Act is amended by striking “projects under this section” and inserting “projects under subsection (a)”.

(c) Extension of period of authority.—Section 2803(g) of such Act, as redesignated by subsection (a)(1), is amended by striking “October 1, 2020” and inserting “October 1, 2023”.

(d) Effective date.—The amendments made by this section shall take effect as if included in the enactment of section 2803 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1169; 10 U.S.C. 2358 note).

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

(a) Repeal of limitation.—Section 2879 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1874) is amended by striking subsection (b).

(b) Effective date.—The amendment made by subsection (a) shall take effect as if included in the enactment of the National Defense Authorization Act for Fiscal Year 2018.

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

(a) Authorization of additional projects.—In addition to any other military construction projects authorized under this Act, the Secretary of the military department concerned may carry out military construction projects to enhance force protection and safety on military installations, as specified in the funding table in section 7601.

(b) Notice and wait requirements.—The Secretary concerned may obligate or expend funds to carry out a project under this section only after the end of the 14-day period beginning on the date on which the Secretary submits, in an electronic medium pursuant to section 480 of title 10, United States Code, to the congressional defense committees a justification of the need for the project.

(c) Expiration of authorization.—Section 2002 shall apply with respect to the authorization of a military construction project under this section in the same manner as such section applies to the authorization of a project contained in titles XXI through XXVII.

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

(a) Limitation.—No amounts authorized to be appropriated or made available to the Secretary of Defense or the Secretary of any military department may be used to enter into a contract for the acquisition of furnished energy for the new Rhine Ordnance Barracks Army Medical Center (hereafter in this section referred to as the “Medical Center”) until the Secretary of Defense submits to the congressional defense committees a written certification that—

(1) the source of furnished energy for the Medical Center will minimize the use of fuels sourced from inside the Russian Federation;

(2) the design of the Medical Center will utilize a diversified energy supply from a mixed-fuel system as the source of furnished energy to sustain mission critical operations during any sustained energy supply disruption caused by the Russian Federation; and

(3) to the extent available, domestically-sourced fuels shall be the preferred source for furnished energy for the Medical Center.

(b) Waiver for national security interests.—Subsection (a) shall not apply if the Secretary of Defense certifies to the congressional defense committees that a waiver of such subsection is necessary to protect the national security interests of the United States.

(c) Definition.—In this section, the term “furnished energy” means energy furnished to the Medical Center in any form and for any purpose, including heating, cooling, and electricity.

(d) Effective date.—This section shall take effect on the date of the enactment of this Act.

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

Section 2667 of title 10, United States Code, is amended —

(1) in subsection (b)(4), by striking “amount that” and inserting “amount that, except as provided in subsection (c)(4),”; and

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

“(4) (A) With respect to a lease under this section entered into with an insured depository institution (as defined under section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813)) after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2019, the Secretary concerned shall accept the financial services provided by the insured depository institution to members of the armed forces, civilian employees of the Department of Defense, and dependents of such members or employees as sufficient in-kind consideration to cover all lease, services, and utilities costs assessed with regard to the leased property.

“(B) With respect to a lease under this section which was entered into with an insured depository institution before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2019, the Secretary concerned may renegotiate the terms of such lease to apply subparagraph (A) to such lease as if such subparagraph were in effect at the time the Secretary entered into the lease.”.

subtitle BReal Property and Facilities Administration

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

(a) Making participation by agencies of Department of Defense optional.—Section 501(a) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411(a)) is amended—

(1) by striking “The Secretary of Housing” and inserting “(1) The Secretary of Housing”; and

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

“(2) The transmittal of information by the head of a landholding agency of the Department of Defense under this subsection shall be optional in the case of an excess or surplus building, facility, or property if the Secretary of Defense determines that the building, facility, or property—

“(A) would be for off-site use only; or

“(B) is located on an active military installation and is not subject to subsection (h).

“(3) If the Secretary of Defense makes a determination under paragraph (2) during a fiscal year, not later than 90 days after the end of that fiscal year, the Secretary of Defense shall submit a report to the Committees on Armed Services, Banking, Housing, and Urban Affairs, and Homeland Security and Governmental Affairs of the Senate and the Committees on Armed Services, Financial Services, and Oversight and Government Reform of the House of Representatives listing all of the buildings, facilities, and properties for which the Secretary of Defense made a determination under paragraph (2) during that fiscal year. The Secretary of Defense shall submit the report in unclassified form, but may include a classified annex as necessary.”.

(b) Effective date.—The amendment made by subsection (a) shall apply with respect to fiscal year 2019 and each succeeding fiscal year.

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

(a) Force structure plans and infrastructure capabilities.—Not later than the date on which the budget of the President for fiscal year 2021 is submitted to Congress pursuant to section 1105 of title 31, United States Code, the Secretary of Defense shall develop and submit to the congressional defense committees the following:

(1) A force structure plan for each of the Army, Navy, Air Force, and Marine Corps and the reserve components of each military department that is informed by—

(A) an assessment by the Secretary of Defense of the probable threats to the national security of the United States; and

(B) end-strength levels and major military force units (including land force divisions, carrier and other major combatant vessels, air wings, and other comparable units) authorized in the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91).

(2) A categorical model of installation capabilities required to carry out the force structures plans described in paragraph (1) based on—

(A) the infrastructure, real property, and facilities capabilities required to carry out such plans; and

(B) the current military requirements of the major military units referred to in subparagraph (B) of such paragraph.

(b) Consistency.—In developing force structure plans and categorical models of installation capabilities under subsection (a), the Secretary of Defense shall ensure that the infrastructure, real property, and facilities of each of the military departments are categorized and measured in consistent terms so as to facilitate comparisons.

(c) Relationship to inventory.—Using the information in the force structure plans and categorical model developed under subsection (a), the Secretary of Defense shall submit to Congress each of the following:

(1) An assessment of the requirements necessary for carrying out the force structure plans compared to existing infrastructure, real property, and facilities capabilities, as documented in the records maintained under section 2721 of title 10, United States Code.

(2) An identification of any deficit or surplus capability in such infrastructure, real property, and facilities—

(A) for each military department; and

(B) for locations within the continental United States and territories.

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

(a) Authorizing funding for retrofitting or replacing windows.—Section 2879 of title 10, United States Code, as added by section 2817(a) of the National Defense Authorization Act for Fiscal Year 2018 (131 Stat. 1851) is amended—

(1) in subsection (a)(1), by striking “subsection (b)” and inserting “subsection (c)”;

(2) by redesignating subsections (b) and (c) as subsections (c) and (d); and

(3) by inserting after subsection (a) the following new subsection:

“(b) Retrofitting or replacing existing windows.—

“(1) PROGRAM TO RETROFIT EXISTING WINDOWS.—The Secretary concerned shall carry out a program under which, in military family housing units acquired or constructed under this chapter which are not subject to the requirements of subsection (a), windows which are described in subsection (c), including windows designed for emergency escape or rescue, are retrofitted to be equipped with fall prevention devices described in paragraph (1) of subsection (a) or are replaced with windows which are equipped with fall prevention devices described in such paragraph.

“(2) GRANTS.—The Secretary concerned may carry out the program under this subsection by making grants to private entities to retrofit or replace existing windows, in accordance with such criteria as the Secretary may establish by regulation.

“(3) USE OF OPERATIONS FUNDING.—The Secretary may carry out the program under this subsection during a fiscal year with amounts made available to the Secretary for family housing operations for such fiscal year.”.

(b) Effective date.—The amendments made by this section shall apply with respect to fiscal year 2019 and each succeeding fiscal year.

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

(a) Update.—Paragraph (3) of section 2814(a) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2717), as added by section 2818(a) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1852), is amended by striking “33 projects” and inserting “38 projects”.

(b) Effective date.—The amendment made by subsection (a) shall take effect as if included in the enactment of the National Defense Authorization Act for Fiscal Year 2018.

SEC. 2815. Study of feasibility of using 20-year intergovernmental support agreements for installation-support services.

(a) Study.—Each Secretary concerned shall conduct a study of the feasibility and desirability of entering into intergovernmental support agreements under section 2679(a) of title 10, United States Code, for a term not to exceed 20 years.

(b) Report.—Not later than 180 days after the date of the enactment of this Act, each Secretary concerned shall submit to the congressional defense committees a report on the study conducted under subsection (a).

SEC. 2816. Promoting responsible leasing of property.

(a) Requiring certification by Secretaries of military departments prior to entering into leases that property owned by United States is not available to carry out purpose of lease.—

(1) ADDITIONAL REQUIREMENT IN REPORTS ON LEASES OF REAL PROPERTY.—Section 2662(a)(5)(B) of title 10, United States Code, as amended by section 2812 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1849), is amended—

(A) by striking “or” at the end of clause (ii);

(B) by striking the period at the end of clause (iii) and inserting “; or”; and

(C) by adding at the end the following new clause:

“(iv) facilities in property under the jurisdiction of the Department of Defense may not be reconfigured to support the purpose of the proposed lease in an appropriate and cost-effective manner.”.

(2) EFFECTIVE DATE; NOTICE OF COMPLIANCE.—

(A) EFFECTIVE DATE.—The amendment made by paragraph (1) shall apply with respect to leases entered into or renewed on or after the expiration of the 60-day period which begins on the date of the enactment of this Act.

(B) REPORT ON STEPS TAKEN TO ENSURE FUTURE COMPLIANCE.—Upon the completion of any general steps necessary to ensure that the Department of Defense will be able to meet the requirements of subsection (a)(5) of section 2662 of title 10, United States Code (as amended by paragraph (1)) with respect to all leases entered into or renewed after the expiration of the period described in subparagraph (A), including the promulgation of any regulations or the issuance of other guidance, the Secretary of Defense shall submit a one-time report to the Committees on Armed Services of the House of Representatives and Senate and shall post a copy of the report on the public website of the Department of Defense.

(b) Improving accuracy of information in reports by Secretary of Defense on real property leases.—

(1) INFORMATION ON COSTS OF LEASES.—In preparing any inventory or report on real property leased by the Department of Defense, including information on property included in a Base Structure Report and information in the Real Property Asset Database of the Department of Defense, the Secretary of Defense shall—

(A) in the case of a lease which covers multiple assets of the Department, provide a separate breakdown of the rent and other costs (including parking) associated with each such asset; and

(B) in the case of real property which is subject to multiple leases entered into by the Department, provide a separate breakdown for each such lease and the costs associated with each such lease.

(2) REPORT.—Not later than 1 year after the date of the enactment of this Act, or at the time of publishing the next Base Structure Report prepared after the date of the enactment of this Act (whichever occurs earlier), the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and Senate a report detailing the steps the Secretary has taken to ensure compliance with the requirements of paragraph (1).

(c) Review by Government Accountability Office.—Not later than 1 year after the date on which the Secretary of Defense submits the one-time report required under subparagraph (B) of subsection (a)(2), the Comptroller General of the United States shall prepare and submit to Congress a report on—

(1) the extent to which the Department is in compliance with subsection (a)(5) of section 2662 of title 10, United States Code (as amended by subsection (a)(1)), including the regulations and guidance promulgated and issued by the Secretary to ensure compliance with such subsection, as of the date on which the Secretary submits the report; and

(2) the extent to which the Secretary is including the information required under subsection (b) in inventories and reports on real property leased by the Department, as of the date on which the Secretary submits the report.

SEC. 2817. Reports on buildings and facilities subject to exceptions to accessibility standards.

(a) Annual report for new construction.—Not later than 90 days after the end of each of the fiscal years 2019 through 2023, the Secretary concerned shall submit to the congressional defense committees a report listing each building or facility for which the Secretary first initiated construction during the fiscal year, or for which the Secretary first entered into a lease for the use of the Secretary during the fiscal year, which is subject to one of the accessibility standard exceptions described in subsection (c).

(b) One-Time report on current buildings and facilities subject to exceptions.—Not later than 180 days after the date of the enactment of this Act, each Secretary concerned shall submit to the congressional defense committees a report listing each building or facility constructed or leased by the Secretary during fiscal years 2014 through 2018 which is subject to one of the accessibility standard exceptions described in subsection (c).

(c) Accessibility standard exceptions described.—The accessibility standard exceptions described in this subsection with respect to a building or facility are as follows:

(1) The building or facility is leased by the Secretary concerned on a temporary, emergency basis for the use of officials providing disaster assistance.

(2) The building or facility is located in a foreign country and is constructed in whole or in part with funds provided by the United States, but the Secretary concerned does not control the design criteria and the building or facility is not required to comply with standards under the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.).

(3) The building or facility is located in a foreign country and is leased by the Secretary concerned.

(4) The building or facility is subject to a waiver granted by the Principal Deputy Under Secretary of Defense who represents the Department of Defense on the United States Access Board.

subtitle CLand Conveyances

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

(a) Land conveyance and restoration of real property improvements authorized.—In connection with a project planned by the Tuscon Airport Authority (in this section referred to as “TAA”) to relocate and extend a parallel runway and make other airfield safety enhancements at the Tucson International Airport, the Secretary of the Air Force (in this section referred to as the “Secretary”) may—

(1) convey to TAA all right, title, and interest of the United States in and to all or any part of a parcel of real property, including any improvements thereon, consisting of approximately 58 acres on Air Force Plant 44, Arizona, and located adjacent to Tucson International Airport;

(2) agree to terminate all or a portion of any deed restrictions made for the benefit of the United States that limit construction on Tucson International Airport within 750 feet of the Airport’s southwest property boundary with Air Force Plant 44; and

(3) using cash or in-kind consideration as provided in subsection (b)—

(A) construct new explosives storage facilities to replace the explosives storage facilities located on the land described in paragraph (1) and explosives storage facilities located on Air Force Plant 44 within the end-of-runway clear zone associated with the TAA airfield enhancement project; and

(B) construct new fencing as necessary to accommodate the changes in the boundary of Air Force Plant 44.

(b) Consideration.—As consideration for the land conveyance, deed restriction termination, replacement of real property improvements, and installation of fencing authorized under subsection (a), the following consideration must be received by the United States before the Secretary may make any conveyance or termination of real property interests of the United States as described in subsection (a):

(1) All right, title, and interest of the owner or owners thereof to the parcels of real property consisting of approximately 160 acres directly adjacent to the south boundary of Air Force Plant 44.

(2) The cost to the Secretary, in accordance with current design standards, of—

(A) replacing the real property structures on Air Force Plant 44 made unusable due to the land transfers and termination of deed restrictions, with structures of at least equivalent capacity and functionality; and

(B) installing the necessary boundary fencing due to the changes in the boundary of Air Force Plant 44.

(c) Direct payment of consideration to government contractors.—The Secretary may require that any cash consideration to be received under this section be paid, directly or through the Air Force design and construction agent, to the contractors performing design or construction of the real property improvements described in subsection (a)(3).

(d) Payment of costs of conveyances.—

(1) PAYMENT REQUIRED.—The Secretary may require TAA to cover costs to be incurred by the Secretary to carry out the land exchange and other transactions authorized under this section, or to reimburse the Secretary for such costs, including survey costs, appraisal costs, costs related to environmental documentation, and other administrative costs related to the conveyances. If amounts are collected from TAA in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out such transactions, the Secretary shall refund the excess amount to TAA.

(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received as reimbursements under paragraph (1) shall be used in accordance with section 2695(c) of title 10, United States Code.

(e) Description of property.—The exact acreage and legal description of the real property to be exchanged under this section shall be determined by a survey satisfactory to the Secretary.

(f) Additional terms and conditions.—The Secretary may require such additional terms and conditions in connection with the land exchange and other transactions under this section as the Secretary considers appropriate to protect the interests of the United States. Without limiting the foregoing, the Secretary may establish a deed restriction on any part of the 58 acres described in subsection (a)(1) to accommodate existing Quantity Distance arcs.

SEC. 2822. 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.

(a) Marine Corps Air Ground Combat Center Twentynine Palms, California.—

(1) AUTHORITY FOR TRANSFER.—Subject to paragraph (2), the Secretary of the Navy may transfer to the Secretary of the Interior, at no cost, administrative jurisdiction of approximately 2,105 acres of non-contiguous parcels of land within the Shared Use Area of the Marine Corps Air Ground Combat Center Twentynine Palms, California.

(2) CONDITION FOR TRANSFER.—The Secretary of the Navy may carry out the transfer under this subsection only if the Secretary of the Navy and the Secretary of the Interior each determine that the transfer is in the public interest and will be for the benefit of the Department of the Navy and the Department of the Interior, respectively.

(3) STATUS OF LAND AFTER TRANSFER.—Upon completion of the transfer under this subsection, the land over which the Secretary of the Interior obtains administrative jurisdiction shall become public land withdrawn and reserved under section 2941 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 1034), and shall be managed in accordance with section 2942(b)(1) of such Act (Public Law 113–66; 127 Stat. 1036), in the same manner as other lands in the Shared Use Area.

(4) SHARED USE AREA DEFINED.—In this subsection, the term “Shared Use Area” means the area described in section 2941(b)(2) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 1035).

(b) Marine Corps Air Station Yuma, Arizona.—

(1) AUTHORITY FOR TRANSFER.—Subject to paragraph (2), the Secretary of the Interior may transfer to the Secretary of the Navy, at no cost, administrative jurisdiction of approximately 256 acres of non-contiguous parcels of land within Marine Corps Air Station Yuma, Arizona which are used by the Department of the Navy as of the day before the date of the enactment of this Act pursuant to any of the following authorities:

(A) Public Land Order Number 2766 of August 28, 1962.

(B) Expired Public Land Order Number 6804 of October 16, 1990.

(C) Memorandum of Understanding Number 14-06-300-1266 of July 5, 1962, between the Department of the Interior and the Department of the Navy.

(2) CONDITION FOR TRANSFER.—The Secretary of the Interior may carry out the transfer under this subsection only if the Secretary of the Interior and the Secretary of the Navy each determine that the transfer is in the public interest and will be for the benefit of the Department of the Interior and the Department of the Navy, respectively.

(3) WITHDRAWAL OF LAND AFTER TRANSFER.—Upon completion of the transfer under this subsection, the land over which the Secretary of the Navy obtains administrative jurisdiction—

(A) shall cease to be public land; and

(B) for as long as the land is under the administrative jurisdiction of the Secretary of the Navy or the Secretary of any other military department, shall be withdrawn from all forms of entry, appropriation, or disposal under the public land laws, from location, entry, and patent under the mining laws, and from disposition under all laws relating to mineral interests and to mineral and geothermal leasing.

SEC. 2823. Environmental restoration and future conveyance of portion of former Mare Island Firing Range, Vallejo, California.

(a) Restoration required as result of previous remediation.—As soon as practicable, the Secretary of the Navy shall take such steps as may be required to fill in depressions in the Mare Island property which resulted from environmental remediation carried out by the Department of the Navy prior to the date of the enactment of this section.

(b) Mitigation of wetlands.—

(1) METHOD OF MITIGATION.—If the refilling of wetlands on the Mare Island property requires mitigation, the Secretary of the Navy shall conduct such mitigation in accordance with relevant Federal, State and local environmental laws.

(2) COORDINATION OVER CERTAIN PORTION OF PROPERTY.—To the extent that the refilling of wetlands on the Mare Island property requires mitigation on any portion of such property which is subject to a reversionary interest of the State of California, the Secretary shall coordinate with the California State Lands Commission to determine how to best meet the regulatory requirements applicable to the mitigation of such wetlands.

(c) Report on compliance and future conveyance.—Not later than 120 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a report describing the process by which the Secretary plans to meet the requirements of subsections (a) and (b), as well as a proposal by the Secretary to convey the Mare Island property (or some portion thereof) to the State of California or units of local government in the State of California.

(d) Definition.—In this section, the “Mare Island property” is the parcel of real property consisting of approximately 48 acres located within the former Mare Island Naval Shipyard which was formerly used as a firing range by the Department of the Navy.

SEC. 2824. Land exchange, Naval support activity, Washington Navy Yard, District of Columbia.

(a) Exchange of property interests authorized.—

(1) INTERESTS TO BE CONVEYED.—The Secretary of the Navy (Secretary) may convey all right, title, and interest of the United States in and to one or more parcels of real property, including any improvements thereon and, without limitation, any leasehold interests of the United States therein, as the Secretary considers appropriate to protect the interests of the United States.

(2) INTERESTS TO BE ACQUIRED.—In exchange for the property interests described in paragraph (1), the Secretary may accept parcels at the Southeast Federal Center in the vicinity of the Washington Navy Yard, replacement of facilities being conveyed of equal value and similar utility, as determined by the Secretary, and any additional consideration the Secretary feels is appropriate, including maintenance, repair, or restoration of any real property, facility, or infrastructure under the jurisdiction of the Secretary.

(b) Valuation.—The value of the property interests to be exchanged by the Secretary described in subsections (a)(1) and (a)(2) shall be determined—

(1) by an independent appraiser selected by the Secretary; and

(2) in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions and the Uniform Standards of Professional Appraisal Practice.

(c) Equalization payments.—

(1) TO THE SECRETARY.—If the value of the property interests described in subsection (a)(1) is greater than the value of the property interests described in subsection (a)(2), the values shall be equalized through a cash equalization payment to the Department of the Navy.

(2) NO EQUALIZATION.—If the value of the property interests described in subsection (a)(2) is greater than the value of the property interests described in subsection (a)(1), the Secretary shall not make a cash equalization payment to equalize the values.

(d) Payment of costs of conveyance.—

(1) PAYMENT REQUIRED.—The Secretary shall require the other party in this land exchange to cover costs to be incurred by the Secretary, or to reimburse the Secretary for such costs incurred, to carry out the land exchange under this section, including survey costs, costs for environmental documentation, other administrative costs related to the land exchange, and all costs associated with relocation of activities and facilities to the replacement location. If amounts collected are in advance of the Secretary incurring actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the land exchange, the Secretary shall refund the excess amount.

(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received shall be credited to the fund or account that was used to cover those costs incurred by the Secretary in carrying out the land exchange. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.

(e) Description of property.—The exact acreage and legal description of the property to be exchanged under this section shall be determined by surveys satisfactory to the Secretary of the Navy.

(f) Conveyance agreement.—The exchange of real property interests under this section shall be accomplished using an appropriate legal instrument and upon terms and conditions mutually satisfactory to both parties of the exchange, including such additional terms and conditions as the Secretary considers appropriate to protect the interests of the United States.

SEC. 2825. Authority for leasing real property at the Naval Air Station Key West, Florida.

(a) Authority.—The Secretary of the Navy (hereafter in this Act referred to as the “Secretary”) may lease approximately 19 acres at the Naval Air Station Key West, Florida, for the purpose of constructing, operating, improving, and maintaining housing units (including altering or demolishing existing housing units) under such terms and conditions as the Secretary considers will promote the national defense or to be in the public interest.

(b) Duration of lease.—The lease entered into under this section shall be for such period as may be agreed to by the Secretary and the lessee, except that such period may not exceed 50 years unless the Secretary determines that a lease for a longer period is necessary to meet the purpose of the lease.

(c) Payments under lease.—The Secretary shall require the lessee to make payments under the lease entered into under this section in cash for fair market value.

(d) Deposit and use of proceeds.—The Secretary shall deposit and use any cash proceeds from the lease under this section as prescribed in section 2667 of title 10, United States Code.

(e) Leaseback prohibited.—During the period in which the lease entered into under this section is in effect, the Secretary may not lease any of the space constructed by the lessees on the property leased under this section.

(f) Right of first refusal for purchase of property.—The lease entered into under this section may provide the lessee of the property with the first right to purchase the property if the Secretary revokes the lease in order to permit the United States to sell or transfer the property as authorized under any other provision of law. Nothing in this subsection may be construed to provide a lessee with the first right to purchase the property if the Secretary revokes the lease for any other cause, including the failure of the lessee to meet the terms and conditions of the lease.

(g) Description of property.—The exact acreage and legal description of the property to be leased under this section shall be determined by a survey satisfactory to the Secretary.

(h) Additional terms and conditions.—The Secretary may require such additional terms and conditions in connection with the lease under this section as the Secretary considers appropriate to protect the interests of the United States.

(i) Inapplicability of certain provisions.—The following provisions of law do not apply to this section, the lease entered into under this section, or the property which is subject to the lease under this section:

(1) Section 2662 of title 10, United States Code.

(2) Section 2696 of title 10, United States Code.

(3) The Randolph-Sheppard Act (20 U.S.C. 107 et seq.).

(4) Title V of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411 et seq.).

SEC. 2826. Sense of Congress regarding land conveyance, Mountain View, California.

(a) Findings.—Congress finds as follows:

(1) The Secretary of the Army is proposing to convey 17.1 acres of real property in Mountain View, California, known as Shenandoah Square and the existing 126 housing units on such property in order to raise capital to improve other military housing owned by private entities, despite significant military demand for affordable housing in the San Francisco Bay Area from personnel spanning across the Air Force, Army, Marine Corps, Navy, and Coast Guard.

(2) Under the proposed conveyance, the existing 126 housing units at Shenandoah Square would be demolished to allow for the construction of high-density residential housing.

(3) Shenandoah Square is one of only 3 military housing complexes in the San Francisco Bay Area and is home to many California National Guard personnel serving in the 129th Rescue Wing at Moffett Federal Air Field and civilians who perform mission critical work for the 129th Rescue Wing.

(4) The San Francisco Bay Area is confronting one of the most severe affordable housing crises in the United States, which has led to a recruitment and retention crisis for the 129th Rescue Wing.

(5) The residents of these units have expressed concern about their displacement from Shenandoah Square, as this property is located in one of the most expensive housing markets in the country, Silicon Valley, and there is great uncertainty about the affordability of new potential housing on the site.

(b) Sense of Congress.—It is the sense of Congress that the Secretary of the Army should explore all possible alternatives to a conveyance of Shenandoah Square, including subleasing the property to an entity that can better develop affordable housing on the property.

SEC. 2827. Public inventory of Guam land parcels for transfer to Government of Guam.

(a) Net-Negative inventory of land parcels.—

(1) MAINTENANCE AND UPDATE OF INVENTORY.—The Secretary of the Navy shall maintain and update regularly an inventory of all land parcels located on Guam which meet each of the following conditions:

(A) The parcels are currently owned by the United States Government and are under the administrative jurisdiction of the Department of the Navy.

(B) The Secretary has determined or expects to determine the parcels to be excess to the needs of the Department of the Navy.

(C) Under Federal law, including Public Law 106–504 (commonly known as the “Guam Omnibus Opportunities Act”; 40 U.S.C. 521 note), the parcels are eligible to be transferred to the territorial government.

(2) INFORMATION REQUIRED.—For each parcel included in the inventory under paragraph (1), the Secretary shall specify—

(A) the approximate size of the parcel;

(B) an estimate of the fair market value of the parcel, if available or as practicable;

(C) the date on which the Secretary determined, or the date by which the Secretary expects to determine, that the parcel is excess and made eligible for transfer to the territorial government; and

(D) the citation of the specific legal authority (including the Guam Omnibus Opportunities Act) under which the Secretary will transfer the parcel to the territorial government or otherwise dispose of the parcel.

(b) Parcels required To be included.—The Secretary shall include in the inventory under this section each of the following parcels, as described in the 2017 Net Negative Report:

(1) The Tanguisson Power Plant (5 acres), listed as Site 14 in the Report.

(2) The Harmon Substation Annex (9.9 acres), listed as Site 15 in the Report.

(3) The Piti Power Plant and Substation (15.5 acres), listed as Site 38 in the Report.

(4) Apra Heights Lot 403–1 (0.5 acres), listed as Site 55 in the Report.

(5) The Agana Power Plant and Substation (5.9 acres), listed as Site 54 in the Report.

(6) The ACEORP Maui Tunnel-Tamuning Route 1 behind Old Telex (3.7 acres), listed as Site 23 in the Report.

(7) The Parcel South of Camp Covington, Parcel 7 (60.8 acres), listed as Site 49 in the Report.

(8) The NCTS Beach Lot, adjacent to the Tanguisson Power Plant (13.3 acres), listed as Site 13 in the Report.

(9) The Hoover Park Annex (also known as “Old USO Beach”; 6 acres), listed as Site 37 in the Report.

(10) Parcel “C” Marbo Cave Annex (5 acres), listed as Site 12 in the Report.

(c) Inclusion of additional parcels in inventory.—

(1) REQUEST BY GOVERNOR.—The Governor of the territory of Guam may submit a request to the Secretary to add parcels to the inventory maintained under subsection (a), and shall specify in any such request any public benefit uses or public purposes proposed by the Governor for the parcel involved, pursuant to the Guam Omnibus Opportunities Act or any other relevant Federal law.

(2) CONSIDERATION BY SECRETARY.—Not later than 180 days of receipt of a request from the Governor under paragraph (1), the Secretary shall review the request and provide a response in writing to the Governor as to whether the Secretary will agree to the request to include the specific land parcel in the inventory maintained under subsection (a). If the Secretary denies the request, the Secretary shall provide a detailed written justification to the Governor that explains the continuing military need for the parcel, if any, and the date on which the Secretary expects that military need to cease, if ever.

(d) Exclusion of parcels.—The Secretary shall not include in the inventory maintained under this section any parcel transferred to the government of Guam prior to the date of the enactment of this Act, without regard to whether or not the parcel is included in the inventory under subsection (b).

(e) Public notification.—The Secretary shall publish and update on a public website of the United States Government the following information:

(1) The inventory maintained under subsection (a), including the parcels required to be included in such inventory under subsection (b).

(2) All requests submitted by the Governor under subsection (c), including any proposed public benefit use or public purpose specified in any such request.

(3) A copy of each response provided by the Secretary to each request submitted by the Governor under subsection (c).

(4) A description of each parcel of land transferred by the Secretary to the territorial government after January 20, 2011, including the following:

(A) The approximate size of the parcel.

(B) An estimate of the fair market value of the parcel, if available or as practicable.

(C) The specific legal authority under which the Secretary transferred the parcel to the territorial government.

(D) The date the parcel was transferred to the territorial government.

(f) Definitions.—In this section, the following definitions apply:

(1) 2017 NET NEGATIVE REPORT.—The term “2017 Net Negative Report” means the report submitted by the Secretary of the Navy, on behalf of the Secretary of Defense, under section 2208 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2695) regarding the status of the implementation of the “net negative” policy regarding the total number of acres of the real property controlled by the Department of the Navy or the Department of Defense on Guam.

(2) GOVERNOR.—The term “Governor” means the Governor of the territory of Guam.

(3) SECRETARY.—The term “Secretary” means the Secretary of the Navy.

(4) TERRITORIAL GOVERNMENT.—The term “territorial government” means the government of Guam established under the Organic Act of Guam (48 U.S.C. 1421 et seq.).

SEC. 2828. Modification of conditions on land conveyance, Joliet Army Ammunition Plant, Illinois.

Section 2922(c) of the Military Construction Authorization Act for Fiscal Year 1996 (division B of Public Law 104–106; 110 Stat. 605), as amended by section 2842 of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106–65; 113 Stat. 863) and section 2838 of the Military Construction Authorization Act for Fiscal Year 2015 (division B of Public Law 113–291; 128 Stat. 3710), is amended—

(1) by striking “(1) The conveyance” and inserting “The conveyance”; and

(2) by striking paragraph (2).

SEC. 2829. Land conveyance, Naval Academy dairy farm, Gambrills, Maryland.

(a) Conveyance authorized.—Notwithstanding section 6976 of title 10, United States Code, the Secretary of the Navy may convey and release to Anne Arundel County, Maryland (in this section referred to as the “County”) all right, title, and interest of the United States in and to the real property, including any improvements thereon, consisting of approximately 40 acres at the property commonly referred to as the Naval Academy dairy farm located in Gambrills, Maryland (in this section referred to as the “Dairy Farm”).

(b) Consideration.—

(1) CONSIDERATION REQUIRED.—As consideration for the conveyance and release under subsection (a), the County shall provide an amount that is equivalent to the fair market value to the Department of the Navy of the right, title, and interest conveyed and released under such subsection, based on an appraisal approved by the Secretary of the Navy. The consideration under this paragraph may be provided by cash payment, in-kind consideration, or a combination thereof, at such time as the Secretary may require.

(2) IN-KIND CONSIDERATION.—In-kind consideration provided by the County under paragraph (1) may include the acquisition, construction, provision, improvement, maintenance, repair, or restoration (including environmental restoration), or combination thereof, of any facility, real property, or infrastructure under the jurisdiction of the Secretary.

(3) TREATMENT OF CONSIDERATION RECEIVED.—Consideration in the form of cash payment received by the Secretary under paragraph (1) shall be retained by the Superintendent of the Naval Academy and shall be available to cover expenses related to the Dairy Farm, including reimbursing nonappropriated fund instrumentalities of the Naval Academy.

(c) Payment of cost of conveyance and release.—

(1) PAYMENT REQUIRED.—The Secretary of the Navy shall require the County to pay costs to be incurred by the Secretary, or to reimburse the Secretary for such costs incurred by the Secretary, to carry out the conveyance and release under subsection (a), including survey costs, appraisal costs, costs for environmental documentation related to the conveyance and release, and any other administrative costs related to the conveyance and release. If amounts are collected from the County in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance and release or any costs incurred by the Secretary to administer the County’s lease of the Dairy Farm, the Secretary shall refund the excess amount to the County.

(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to pay the costs incurred by the Secretary in carrying out the conveyance and release under subsection (a) or, if the period of availability of obligations for that appropriation has expired, to the appropriations of fund that is currently available to the Secretary for the same purpose. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.

(d) Description of property.—The exact acreage and legal description of the property which is subject to conveyance and release under subsection (a) shall be determined by a survey satisfactory to the Secretary of the Navy.

(e) Additional terms and conditions.—The Secretary of the Navy may require such additional terms and conditions in connection with the conveyance and release under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.

(f) No effect on existing leases governing property not subject to conveyance.—Nothing in this section or in any conveyance and release carried out pursuant to this section may be construed to affect the terms, conditions, or applicability of any existing agreement entered into between the Country and the Secretary of the Navy which governs the use of any portion of the Dairy Farm which is not subject to conveyance and release under this section.

SEC. 2830. Technical correction of description of Limestone Hills Training Area Land Withdrawal and Reservation, Montana.

Section 2931(b) of the Military Construction Authorization Act for Fiscal Year 2014 (division B of Public Law 113–66; 127 Stat. 1031) is amended by striking “18,644 acres” and all that follows through “April 10, 2013” and inserting the following: “18,964 acres in Broadwater County, Montana, generally depicted as ‘Limestone Hills Training Area Land Withdrawal’ on the map entitled ‘Limestone Hills Training Area Land Withdrawal’, dated May 11, 2017”.

SEC. 2830A. Land conveyance, Wasatch-Cache National Forest, Rich County, Utah.

(a) Land conveyance authorized.—Subject to valid existing rights, not later than 6 months after the date of the enactment of this section, the Secretary of Agriculture shall convey, without consideration, to the Utah State University Research Foundation, (in this section referred to as the “Foundation”) all right, title, and interest of the United States in and to a parcel of real property consisting of approximately 80 acres, including improvements thereon, located outside of the boundaries of the Wasatch-Cache National Forest, Rich County, Utah, within Sections 19 and 30, Township 14 North, Range 5 East, Salt Lake Base and Meridian for the purpose of permitting the Foundation to use the property for scientific and educational purposes.

(b) Reversionary interest.—If the Secretary of Agriculture determines at any time that the real property conveyed under subsection (a) is not being used in accordance with the purpose of the conveyance specified in such subsection, all right, title and interest in and to such real property, including any improvements thereto, shall, at the option of the Secretary, revert to and become the property of the United States, and the United States shall have the right of immediate entry onto such real property. A determination by the Secretary under this subsection shall be made on the record after an opportunity for a hearing.

(c) Payment of costs of conveyance.—

(1) PAYMENT REQUIRED.—The Secretary of Agriculture shall require the Foundation to cover the costs (except any costs for environmental remediation of the property) to be incurred by the Secretary, or to reimburse the Secretary for such costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, costs for environmental documentation, and any other administrative costs related to the conveyance. If amounts are collected from the Foundation in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the Foundation.

(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover those costs incurred by the Secretary in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.

(d) Description of property.—The exact acreage and legal description of the property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary of Agriculture.

(e) Additional terms and conditions.—The Secretary of Agriculture may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.

SEC. 2830B. Commemoration of Freedman's Village, Arlington County, Virginia.

(a) Permanent easement.—The Secretary of the Army is directed to grant to Arlington County, Virginia, a permanent easement of approximately 0.1 acres of land within the right-of-way of Southgate Road to the south and west of Hobson Drive and west of the planned joint base access road that is also continuous with Foxcroft Heights Park for the purpose of commemorating Freedman’s Village.

(b) Relocation of commemoration in event location is used for burial purposes.—In the event Arlington National Cemetery subsequently acquires the property used for the commemoration described under subsection (a) for burial purposes, the Army shall relocate any commemoration of Freedman’s Village to an appropriate location.

(c) Reimbursement.—The Secretary of Defense may accept reimbursement from Arlington County for any costs associated with commemorating Freedman’s Village.

subtitle DMilitary Land Withdrawals

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

(a) Improving management of current statutory land withdrawals and reservations and making management more transparent.—

(1) ROLE OF SECRETARY OF THE INTERIOR.—Section 101(a)(2) of the Sikes Act (16 U.S.C. 670a(a)(2)) is amended by striking “, acting through the Director of the United States Fish and Wildlife Service,”.

(2) ADDITIONAL ELEMENT OF INTEGRATED NATURAL RESOURCES MANAGEMENT PLAN.—Section 101(b) of the Sikes Act (16 U.S.C. 670a(b)) is amended—

(A) by striking “and” at the end of paragraph (2);

(B) by redesignating paragraph (3) as paragraph (4); and

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

“(3) for purposes of paragraph (2), shall be reviewed—

“(A) jointly by the Secretary of the military department and the Secretary of the Interior; and

“(B) in a manner that provides affected States and Indian tribes and the public a meaningful opportunity to comment on any significant revisions to the plan that may be proposed; and”.

(b) El Centro Naval Air Facility Ranges.—

(1) ELIMINATION OF TERMINATION DATE AND CONFORMING AMENDMENTS.—The El Centro Naval Air Facility Ranges Withdrawal Act (subtitle B of title XXIX of Public Law 104–201; 110 Stat. 2813) is amended—

(A) in section 2921(b)(3), by striking “, before the termination date specified in section 2925,”;

(B) in section 2924(a), by striking the third sentence;

(C) by striking sections 2925 and 2927; and

(D) in section 2928(a), by striking “specified in section 2925”.

(2) DETERMINATION OF CONTINUING MILITARY NEED FOR WITHDRAWAL AND RESERVATION AND PUBLIC REPORTS.—The El Centro Naval Air Facility Ranges Withdrawal Act (subtitle B of title XXIX of Public Law 104–201; 110 Stat. 2813) is further amended by inserting after section 2926 the following new section:

“SEC. 2927. Determination of continuing military need for withdrawal and reservation and public reports.

“(a) Public reports.—

“(1) CHANGES IN LAND CONDITIONS.— (A) Concurrent with each review as to operation and effect of an integrated natural resources management plan covering lands withdrawn and reserved under this title, as required by section 101(b)(2) of the Sikes Act (16 U.S.C. 670a(b)(2)), the Secretary of the Navy and the Secretary of the Interior shall jointly prepare and issue a report describing any changes in the condition of the lands withdrawn and reserved under this subtitle since the later of the date of any previous report under this paragraph or the date of the environmental analysis prepared to support the actions that changed the condition of the lands.

“(B) A report under subparagraph (A) shall include a summary of current military use of the lands withdrawn and reserved under this subtitle, any changes in military use of the lands since the previous report, and efforts related to the management of natural and cultural resources and environmental remediation of the lands during the previous five years.

“(2) COMBINATION WITH OTHER REPORTS.—A report under this subsection may be combined with, or incorporate by reference, any contemporary report required by any other provision of law regarding the lands withdrawn and reserved under this subtitle.

“(3) PUBLIC REVIEW AND COMMENT.— (A) Before the finalization of a report under this subsection, the Secretary of the Navy and the Secretary of the Interior shall invite interested members of the public to review and comment on the report, and shall hold at least one public meeting concerning the report in a location or locations reasonably accessible to persons who may be affected by management of the lands withdrawn and reserved under this subtitle.

“(B) Each public meeting under subparagraph (A) shall be announced not less than 15 days before the date of the meeting by advertisements in local newspapers of general circulation, notices on the internet, including the website of El Centro, and any other means considered necessary or desirable by the Secretaries.

“(4) DISTRIBUTION OF REPORT.—The Secretary of the Navy shall make the final version of a report under this subsection available to the public and shall submit the final version of such a report to the Committees on Armed Services and Energy and Natural Resources of the Senate and the Committees on Armed Services and Natural Resources of the House of Representatives.

“(b) Determination of continuing military need.—With each report prepared pursuant to subsection (a), the Secretary of the Navy shall attach the Secretary’s determination regarding whether there will be a continuing military need for any or all the withdrawn and reserved lands for the following 5 years.”.

(3) CLERICAL AMENDMENTS.—The table of contents of the El Centro Naval Air Facility Ranges Withdrawal Act (subtitle B of title XXIX of Public Law 104–201; 110 Stat. 2813) is amended—

(A) by striking the item relating to section 2925; and

(B) by amending the item relating to section 2927 to read as follows:


“Sec. 2927. Determination of continuing military need for withdrawal and reservation and public reports.”.

(c) Juniper butte range.—

(1) ELIMINATION OF TERMINATION DATE AND CONFORMING AMENDMENTS.—The Juniper Butte Range Withdrawal Act (title XXIX of Public Law 105–261; 112 Stat. 2226) is amended—

(A) in section 2915—

(i) in the section heading, by striking “Duration” and inserting “Relinquishment”;

(ii) in subsection (a), by striking “Termination.—” and all that follows through “At the time of termination” and inserting “Effect of relinquishment on operation of general land laws.—Upon relinquishment of Department of the Air Force jurisdiction over lands withdrawn and reserved by this title”;

(iii) in subsection (b)—

(I) in the subsection heading, by inserting “Process” after “Relinquishment”;

(II) in paragraph (1), by striking “under subsection (c)”; and

(III) in paragraph (3), by striking “before the date of termination, as provided for in subsection (a)(1)”; and

(iv) by striking subsection (c); and

(B) in section 2916—

(i) in the section heading, by striking “or upon termination of withdrawal”;

(ii) in subsection (a)(1), by striking “and in all cases not later than 2 years before the date of termination of withdrawal and reservation,”;

(iii) in subsection (b), by striking “environmental remediation” and all that follows through the end of the subsection and inserting “environmental remediation before relinquishing, to the Secretary of the Interior, jurisdiction over any lands identified in a notice of intent to relinquish under section 2915(b).”; and

(iv) in subsection (d)—

(I) in the subsection heading, by striking “terminates” and inserting “relinquished”;

(II) by striking “termination date” both places it appears and inserting “relinquishment date”; and

(III) in paragraph (2), by striking “termination” and inserting “relinquishment”.

(2) DETERMINATIONS OF CONTINUING MILITARY NEED FOR WITHDRAWAL AND RESERVATION AND PUBLIC REPORTS.—Section 2909 of the Juniper Butte Range Withdrawal Act (title XXIX of Public Law 105–261; 112 Stat. 2230) is amended by adding at the end the following new subsection:

“(d) Public reports.—

“(1) CHANGES IN LAND CONDITIONS.— (A) Concurrent with each review of an integrated natural resources management plan developed under this section, the Secretary of the Air Force and the Secretary of the Interior shall jointly prepare and issue a report describing any changes in the condition of the lands withdrawn and reserved by this title since the later of the date of any previous report under this paragraph or the date of the environmental analysis prepared to support the actions that changed the condition of the lands.

“(B) A report under subparagraph (A) shall include a summary of current military use of the lands withdrawn and reserved by this title, any changes in military use of the lands since the previous report, and efforts related to the management of natural and cultural resources and environmental remediation of the lands during the previous 5 years.

“(2) COMBINATION WITH OTHER REPORTS.—A report under this subsection may be combined with, or incorporate by reference, any contemporary report required by any other provision of law regarding the lands withdrawn and reserved by this title.

“(3) PUBLIC REVIEW AND COMMENT.— (A) Before the finalization of a report under this subsection, the Secretary of the Air Force and the Secretary of the Interior shall invite interested members of the public to review and comment on the report, and shall hold at least one public meeting concerning the report in a location or locations reasonably accessible to persons who may be affected by management of the lands withdrawn and reserved by this title.

“(B) Each public meeting under subparagraph (A) shall be announced not less than 15 days before the date of the meeting by advertisements in local newspapers of general circulation, notices on the internet, including the website of the Juniper Butte Range (if one exists), and any other means considered necessary or desirable by the Secretaries.

“(4) DETERMINATION OF CONTINUING MILITARY NEED.—With each report prepared pursuant to this subsection, the Secretary of the Air Force shall attach the Secretary’s determination regarding whether there will be a continuing military need for any or all the withdrawn and reserved lands for the following 5 years.

“(5) DISTRIBUTION OF REPORT.—The Secretary of the Air Force shall make the final version of a report under this subsection available to the public and shall submit the final version of such a report to the Committees on Armed Services and Energy and Natural Resources of the Senate and the Committees on Armed Services and Natural Resources of the House of Representatives.”.

(3) CLERICAL AMENDMENTS.—The table of contents of the Juniper Butte Range Withdrawal Act (title XXIX of Public Law 105–261; 112 Stat. 2226) is amended—

(A) by amending the item relating to section 2915 to read as follows:


“Sec. 2915. Relinquishment of withdrawal.”;

and

(B) by amending the item relating to section 2916 to read as follows:


“Sec. 2916. Environmental remediation of relinquished withdrawn lands.”.

(d) Ranges covered by subtitle A of Military Lands Withdrawal Act of 1999.—

(1) ELIMINATION OF TERMINATION DATE AND CONFORMING AMENDMENTS.—The Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106–65; 113 Stat. 885) is amended—

(A) by striking section 3015;

(B) by striking section 3016 and inserting the following new section:

“SEC. 3016. Relinquishment.

“(a) Notice of intent regarding relinquishment.—If the Secretary of the military department concerned decides to relinquish all or any of the lands withdrawn and reserved by section 3011, such Secretary shall transmit a notice of intent to relinquish such lands to the Secretary of the Interior.

“(b) Opening date.—On the date of relinquishment of the withdrawal and reservation of lands withdrawn and reserved by section 3011, such lands shall not be open to any form of appropriation under the public land laws, including the mineral laws and the mineral leasing and geothermal leasing laws, until the Secretary of the Interior publishes in the Federal Register an appropriate order stating the date upon which such lands shall be restored to the public domain and opened.”; and

(C) in section 3017—

(i) by striking “section 3016(d)” each place it appears and inserting “section 3016”; and

(ii) in subsection (e)—

(I) by striking “If because” and everything that follows through “determines that” and inserting “If the Secretary of the Interior declines to accept jurisdiction over lands withdrawn by this subtitle which have been proposed for relinquishment because the Secretary determines that”; and

(II) in paragraph (2), by striking “the expiration of the withdrawal of such lands under this subtitle” and inserting “such determination”.

(2) ESTABLISHMENT OF INTERGOVERNMENTAL EXECUTIVE COMMITTEES.—Section 3014 of the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106–65; 113 Stat. 890) is amended by adding at the end the following new subsection:

“(g) Intergovernmental executive committees.—

“(1) ESTABLISHMENT AND PURPOSE.—For the lands withdrawn and reserved by section 3011, the Secretary of the military department concerned and the Secretary of the Interior shall establish, by memorandum of understanding, an intergovernmental executive committee for each range for the sole purpose of exchanging views, information, and advice relating to the management of the natural and cultural resources of the withdrawn and reserved lands.

“(2) COMPOSITION.— (A) The Secretary of the military department concerned and the Secretary of the Interior shall include representatives from interested Federal agencies as members of the intergovernmental executive committee for a range.

“(B) The Secretary of the military department concerned and the Secretary of the Interior shall invite to serve as members of the intergovernmental executive committee for a range—

“(i) at least one elected officer (or other authorized representative) from the government of the State in which the withdrawn and reserved lands are located; and

“(ii) at least one elected officer (or other authorized representative) from each local government and Indian tribal government in the vicinity of the withdrawn and reserved lands, as determined by the Secretaries.

“(3) OPERATION.—The intergovernmental executive committee for a range shall operate in accordance with the terms set forth in the memorandum of understanding.

“(4) PROCEDURES.—The memorandum of understanding for a range shall establish procedures for creating a forum for exchanging views, information, and advice relating to the management of natural and cultural resources on the withdrawn and reserved lands, procedures for rotating the chair of the intergovernmental executive committee, and procedures for scheduling regular meetings, which shall occur no less frequently than twice a year.

“(5) COORDINATOR.—The Secretary of the military department concerned, in consultation with the Secretary of the Interior, shall appoint an individual to serve as coordinator of the intergovernmental executive committee for a range. The duties of the coordinator shall be included in the memorandum of understanding. The coordinator shall not be a member of the committee.”.

(3) DETERMINATION OF CONTINUING MILITARY NEED FOR WITHDRAWAL AND RESERVATION AND PUBLIC REPORTS.—The Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106–65; 113 Stat. 885), as amended by paragraph (1), is further amended by inserting after section 3014 the following new section:

“SEC. 3015. Determination of continuing military need for withdrawal and reservation and public reports.

“(a) Public reports.—

“(1) CHANGES IN LAND CONDITIONS.— (A) Concurrent with each review as to operation and effect of an integrated natural resources management plan covering lands withdrawn and reserved under this title, as required by section 101(b)(2) of the Sikes Act (16 U.S.C. 670a(b)(2)), the Secretary of the military department concerned and the Secretary of the Interior shall jointly prepare and issue a report describing any changes in the condition of the lands withdrawn and reserved under this subtitle since the later of the date of any previous report under this paragraph or the date of the environmental analysis prepared to support the actions that changed the condition of the lands.

“(B) A report under subparagraph (A) shall include a summary of current military use of the lands covered by the plan, any changes in military use of the lands since the previous report, and efforts related to the management of natural and cultural resources and environmental remediation of the lands during the previous five years.

“(2) COMBINATION WITH OTHER REPORTS.—A report under this subsection may be combined with, or incorporate by reference, any contemporary report required by any other provision of law regarding the lands covered by the integrated natural resources management plan.

“(3) PUBLIC REVIEW AND COMMENT.— (A) Before the finalization of a report under this subsection, the Secretary of the military department concerned and the Secretary of the Interior shall invite interested members of the public to review and comment on the report, and shall hold at least one public meeting concerning the report in a location or locations reasonably accessible to persons who may be affected by management of the lands addressed by the report.

“(B) Each public meeting under subparagraph (A) shall be announced not less than 15 days before the date of the meeting by advertisements in local newspapers of general circulation, notices on the internet, including the website of the affected military range (if one exists), and any other means considered necessary or desirable by the Secretaries.

“(4) DISTRIBUTION OF REPORT.—The Secretary of the military department concerned shall make the final version of a report under this subsection available to the public and shall submit the final version of such a report to the Committees on Armed Services and Energy and Natural Resources of the Senate and the Committees on Armed Services and Natural Resources of the House of Representatives.

“(b) Determination of continuing military need.—With each report prepared pursuant to subsection (a), the Secretary of the military department concerned shall attach the Secretary’s determination regarding whether there will be a continuing military need for any or all of the withdrawn and reserved lands for the following 5 years.”.

(4) CLERICAL AMENDMENTS.—The table of contents of the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106–65; 113 Stat. 885) is amended—

(A) by amending the item relating to section 3015 to read as follows:


“Sec. 3015. Determination of continuing military need for withdrawal and reservation and public reports.”;

and

(B) by amending the item relating to section 3016 to read as follows:


“Sec. 3016. Relinquishment.”.

(e) Barry M. Goldwater range.—

(1) ELIMINATION OF TERMINATION DATE AND CONFORMING AMENDMENTS.—Section 3031 of the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106–65; 113 Stat. 897) is amended—

(A) in subsection (c)—

(i) in paragraph (1), by striking “, including the duration of any renewal or extension”;

(ii) in paragraph (2)—

(I) in the paragraph heading, by striking “or termination”; and

(II) in subparagraph (C), by striking the last sentence; and

(iii) in paragraph (3)(A), by striking “or termination”; and

(B) in subsection (d), by striking “Duration” and all that follows through “of the termination” and inserting “Effect of relinquishment on operation of general land laws.—On the date of relinquishment”;

(C) by striking subsection (e); and

(D) in subsection (f)—

(i) in the subsection heading, by striking “Termination and”;

(ii) in paragraph (1), by striking “but not later than three years before the termination of the withdrawal and reservation,”;

(iii) in paragraph (3), by striking “before the termination date of the withdrawal and reservation of such lands under this section”; and

(iv) in paragraph (4)(A), by striking “Notwithstanding the termination date, unless” and inserting “Unless”.

(2) DETERMINATIONS OF CONTINUING MILITARY NEED FOR WITHDRAWAL AND RESERVATION.—Section 3031 of the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106–65; 113 Stat. 897), as amended by paragraph (1), is further amended by inserting after subsection (d) the following new subsection:

“(e) Determination of continuing military need.—With each report prepared pursuant to subsection (b)(5), the Secretary of the Navy and the Secretary of the Air Force shall attach the Secretary’s determination regarding whether there will be a continuing military need for any or all the withdrawn and reserved lands for the following 5 years.”.

(3) USE OF DEFINITIONS.—Section 3031(c)(5) of the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106–65; 113 Stat. 907) is amended by striking subparagraphs (A) and (B) and inserting the following:

“(A) The term ‘military munitions’ has the meaning given that term in section 101(e)(4) of title 10, United States Code.

“(B) The term ‘unexploded ordnance’ has the meaning given that term in section 101(e)(5) of such title.”.

(f) National Training Center.—

(1) ELIMINATION OF TERMINATION DATE AND CONFORMING AMENDMENTS.—The Fort Irwin Military Land Withdrawal Act of 2001 (title XXIX of Public Law 107–107; 115 Stat. 1335) is amended—

(A) in section 2910, by striking the section heading and all that follows through “At the time of the termination” and inserting the following:

“SEC. 2910. Effect of relinquishment on operation of general land laws.

“On the date of relinquishment”;

(B) by striking section 2911; and

(C) in section 2912—

(i) in the section heading, by striking “Termination and”;

(ii) in subsection (a), by striking “During the first 22 years of the withdrawal and reservation made by this title, if” and inserting “If”;

(iii) in subsection (c), by striking “before the termination date of the withdrawal and reservation”; and

(iv) in subsection (d), by striking “Notwithstanding the termination date specified in section 2910, unless” and inserting “Unless”.

(2) DETERMINATION OF CONTINUING MILITARY NEED FOR WITHDRAWAL AND RESERVATION AND PUBLIC REPORTS.—The Fort Irwin Military Land Withdrawal Act of 2001 (title XXIX of Public Law 107–107; 115 Stat. 1335) is further amended by inserting after section 2910 the following new section:

“SEC. 2911. Determination of continuing military need for withdrawal and reservation and public reports.

“(a) Public reports.—

“(1) CHANGES IN LAND CONDITIONS.— (A) Concurrent with each review as to operation and effect of an integrated natural resources management plan covering lands withdrawn and reserved under this title, as required by section 101(b)(2) of the Sikes Act (16 U.S.C. 670a(b)(2)), the Secretary of the Army and the Secretary of the Interior shall jointly prepare and issue a report describing any changes in the condition of the lands withdrawn and reserved under this title since the later of the date of any previous report under this paragraph or the date of the environmental analysis prepared to support the actions that changed the condition of the lands.

“(B) A report under subparagraph (A) shall include a summary of current military use of the lands withdrawn and reserved by this title, any changes in military use of the lands since the previous report, and efforts related to the management of natural and cultural resources and environmental remediation of the lands during the previous five years.

“(2) COMBINATION WITH OTHER REPORTS.—A report under this subsection may be combined with, or incorporate by reference, any contemporary report required by any other provision of law regarding the lands withdrawn and reserved by this title.

“(3) PUBLIC REVIEW AND COMMENT.— (A) Before the finalization of a report under this subsection, the Secretary of the Army and the Secretary of the Interior shall invite interested members of the public to review and comment on the report, and shall hold at least one public meeting concerning the report in a location or locations reasonably accessible to persons who may be affected by management of the lands withdrawn and reserved by this title.

“(B) Each public meeting under subparagraph (A) shall be announced not less than 15 days before the date of the meeting by advertisements in local newspapers of general circulation, notices on the internet, including the website of National Training Center, and any other means considered necessary or desirable by the Secretaries.

“(4) DISTRIBUTION OF REPORT.—The Secretary of the Army shall make the final version of a report under this subsection available to the public and shall submit the final version of such a report to the Committees on Armed Services and Energy and Natural Resources of the Senate and the Committees on Armed Services and Natural Resources of the House of Representatives.

“(b) Periodic determination of continuing need.—With each report prepared pursuant to subsection (a), the Secretary of the Army shall attach the Secretary’s determination regarding whether there will be a continuing military need for any or all of the withdrawn and reserved lands for the following 5 years.”.

(3) ESTABLISHMENT OF INTERGOVERNMENTAL EXECUTIVE COMMITTEE.—The Fort Irwin Military Land Withdrawal Act of 2001 (title XXIX of Public Law 107–107; 115 Stat. 1335) is amended by adding at the end the following new section:

“SEC. 2914. Intergovernmental executive committee.

“(a) Establishment and purpose.—The Secretary of the Army and the Secretary of the Interior shall establish, by memorandum of understanding, an intergovernmental executive committee for the sole purpose of exchanging views, information, and advice relating to the management of the natural and cultural resources of the lands withdrawn and reserved by this title.

“(b) Composition.—

“(1) REPRESENTATIVES OF OTHER FEDERAL AGENCIES.—The Secretary of the Army and the Secretary of the Interior shall include representatives from interested Federal agencies as members of the intergovernmental executive committee.

“(2) REPRESENTATIVES OF STATE AND LOCAL GOVERNMENTS.—The Secretary of the Army and the Secretary of the Interior shall invite to serve as members of the intergovernmental executive committee—

“(A) at least one elected officer (or other authorized representative) from the government of the State of California; and

“(B) at least one elected officer (or other authorized representative) from each local government and Indian tribal government in the vicinity of the withdrawn and reserved lands, as determined by the Secretaries.

“(c) Operation.—The intergovernmental executive committee shall operate in accordance with the terms set forth in the memorandum of understanding under subsection (a).

“(d) Procedures.—The memorandum of understanding under subsection (a) shall establish procedures for creating a forum for exchanging views, information, and advice relating to the management of natural and cultural resources on the lands withdrawn and reserved by this title, procedures for rotating the chair of the intergovernmental executive committee, and procedures for scheduling regular meetings, which shall occur no less frequently than twice a year.

“(e) Coordinator.—The Secretary of the Army, in consultation with the Secretary of the Interior, shall appoint an individual to serve as coordinator of the intergovernmental executive committee. The duties of the coordinator shall be included in the memorandum of understanding under subsection (a). The coordinator shall not be a member of the committee.”.

(4) CLERICAL AMENDMENTS.—The table of contents of the Fort Irwin Military Land Withdrawal Act of 2001 (title XXIX of Public Law 107–107; 115 Stat. 1335) is amended—

(A) by amending the item relating to section 2910 to read as follows:


“Sec. 2910. Effect of relinquishment on operation of general land laws.”;

(B) by amending the item relating to section 2911 to read as follows:


“Sec. 2911. Determination of continuing military need for withdrawal and reservation and public reports.”;

(C) by amending the item relating to section 2912 to read as follows:


“Sec. 2912. Relinquishment.”;

and

(D) by inserting after the item relating to section 2913 the following new item:


“Sec. 2914. Intergovernmental executive committee.”.

(g) Ranges covered by Military Land Withdrawals Act of 2013.—

(1) ELIMINATION OF TERMINATION DATE AND CONFORMING AMENDMENTS.—The Military Land Withdrawals Act of 2013 (title XXIX of Public Law 113–66; 127 Stat. 1025) is amended—

(A) by striking sections 2919, 2920; 2936, 2946, and 2979;

(B) in section 2921, by striking “On the termination of” and inserting “On the relinquishment of”; and

(C) in section 2922(d)(3)—

(i) in the paragraph heading, by striking “on termination” and inserting “upon relinquishment”; and

(ii) by striking “or if at the expiration of the withdrawal and reservation,”.

(2) ESTABLISHMENT OF INTERGOVERNMENTAL EXECUTIVE COMMITTEE.—The Military Land Withdrawals Act of 2013 (title XXIX of Public Law 113–66; 127 Stat. 1025) is further amended by inserting after section 2918 the following new section:

“SEC. 2919. Intergovernmental executive committee.

“(a) Establishment and purpose.—For the lands withdrawn and reserved by sections 2941 and 2971, the Secretary concerned and the Secretary of the Interior shall establish, by memorandum of understanding, an intergovernmental executive committee for each location for the sole purpose of exchanging views, information, and advice relating to the management of the natural and cultural resources of the withdrawn and reserved lands.

“(b) Composition.—

“(1) REPRESENTATIVES OF OTHER FEDERAL AGENCIES.—The Secretary concerned and the Secretary of the Interior shall include representatives from interested Federal agencies as members of the intergovernmental executive committee for a location covered by subsection (a).

“(2) REPRESENTATIVES OF STATE AND LOCAL GOVERNMENTS.—The Secretary concerned and the Secretary of the Interior shall invite to serve as members of the intergovernmental executive committee for a location covered by subsection (a)—

“(A) at least one elected officer (or other authorized representative) from the government of the State in which the withdrawn and reserved lands are located; and

“(B) at least one elected officer (or other authorized representative) from each local government and Indian tribal government in the vicinity of the withdrawn and reserved lands, as determined by the Secretaries.

“(c) Operation.—The intergovernmental executive committee for a location covered by subsection (a) shall operate in accordance with the terms set forth in the memorandum of understanding under subsection (a).

“(d) Procedures.—The memorandum of understanding under subsection (a) shall establish procedures for creating a forum for exchanging views, information, and advice relating to the management of natural and cultural resources on the withdrawn and reserved lands, procedures for rotating the chair of the intergovernmental executive committee, and procedures for scheduling regular meetings, which shall occur no less frequently than twice a year.

“(e) Coordinator.—The Secretary concerned, in consultation with the Secretary of the Interior, shall appoint an individual to serve as coordinator of the intergovernmental executive committee for a location covered by subsection (a). The duties of the coordinator shall be included in the memorandum of understanding under subsection (a). The coordinator shall not be a member of the committee.”.

(3) DETERMINATION OF CONTINUING MILITARY NEED FOR WITHDRAWAL AND RESERVATION AND PUBLIC REPORTS.—The Military Land Withdrawals Act of 2013 (title XXIX of Public Law 113–66; 127 Stat. 1025) is further amended by inserting after section 2919, as added by paragraph (2), the following new section:

“SEC. 2920. Determination of continuing military need for withdrawal and reservation and public reports.

“(a) Public reports.—

“(1) CHANGES IN LAND CONDITIONS.— (A) Concurrent with each review as to operation and effect of an integrated natural resources management plan covering lands withdrawn and reserved under this title, as required by section 101(b)(2) of the Sikes Act (16 U.S.C. 670a(b)(2)), the Secretary of the military department concerned and the Secretary of the Interior shall jointly prepare and issue a report describing any changes in the condition of the lands covered by the plan since the later of the date of any previous report under this paragraph or the date of the environmental analysis prepared to support the actions that changed the condition of the lands.

“(B) A report under subparagraph (A) shall include a summary of current military use of the lands covered by the plan, any changes in military use of the lands since the previous report, and efforts related to the management of natural and cultural resources and environmental remediation of the lands during the previous five years.

“(2) COMBINATION WITH OTHER REPORTS.—A report under this subsection may be combined with, or incorporate by reference, any contemporary report required by any other provision of law regarding the lands addressed by the report.

“(3) PUBLIC REVIEW AND COMMENT.— (A) Before the finalization of a report under this subsection, the Secretary of the military department concerned and the Secretary of the Interior shall invite interested members of the public to review and comment on the report, and shall hold at least one public meeting concerning the report in a location or locations reasonably accessible to persons who may be affected by management of the lands addressed by the report.

“(B) Each public meeting under subparagraph (A) shall be announced not less than 15 days before the date of the meeting by advertisements in local newspapers of general circulation, notices on the internet, including the website of the affected military range (if one exists), and any other means considered necessary or desirable by the Secretaries.

“(4) DISTRIBUTION OF REPORT.—The Secretary of the military department concerned shall make the final version of a report under this subsection available to the public and shall submit the final version of such a report to the Committees on Armed Services and Energy and Natural Resources of the Senate and the Committees on Armed Services and Natural Resources of the House of Representatives.

“(b) Determination of continuing military need.—With each report prepared pursuant to subsection (a), the Secretary of the military department concerned shall attach the Secretary’s determination regarding whether there will be a continuing military need for any or all of the withdrawn and reserved lands for the following 5 years.”.

(4) CLERICAL AMENDMENTS.—The table of contents of the Military Land Withdrawals Act of 2013 (title XXIX of Public Law 113–66; 127 Stat. 1025) is amended—

(A) by striking the item relating to section 2919 and inserting the following new item:


“Sec. 2919. Intergovernmental executive committee.”;

(B) by striking the item relating to section 2920 and inserting the following new item:


“Sec. 2920. Determination of continuing military need for withdrawal and reservation and public reports.”;

and

(C) by striking the items relating to section 2936, 2946, and 2979.

(h) Requests for withdrawals made to Secretary of the Interior; temporary use permits and transfers of small parcels of land between Departments of Interior and military departments; more efficient surveying of lands.—

(1) REQUIRING REQUESTS FOR WITHDRAWALS TO BE MADE TO SECRETARY OF THE INTERIOR.—Section 3 of the Act of February 28, 1958 (Public Law 85–337; 43 U.S.C. 157), is amended—

(A) by striking “Any application” and inserting “(a) Contents of application.—Any application”; and

(B) by striking “shall specify” and inserting “shall be filed with the Secretary of the Interior and shall specify”.

(2) AUTHORIZATION OF ADDITIONAL ARRANGEMENTS FOR USE AND TRANSFER OF LANDS UNDER JURISDICTION OF SECRETARY OF THE INTERIOR.—Such Act (43 U.S.C. 155 et seq.) is further amended by adding at the end the following new sections:

“SEC. 7. Short-term permits for use of Department of Interior lands for military training and testing.

“(a) Authority.—In addition to any other authority to grant permits for the use of land, the Secretary of the Interior may grant a permit to the Secretary of Defense to use land under the administrative jurisdiction of the Secretary of the Interior. Any such permit—

“(1) shall be issued consistent with section 2691 of title 10, United States Code;

“(2) shall allow the Department of Defense to use the land only for purposes of training and testing that are consistent with the purposes for which the Secretary of the Interior manages the land; and

“(3) may contain such other requirements as the Secretary of the Interior considers appropriate.

“(b) Duration of permit.—A permit granted under this section shall be in effect for such period as the Secretary of the Interior may provide, except that such period may not exceed 30 days.

“SEC. 8. Transfers of small parcels of land between the Departments of Defense and Interior.

“(a) Transfer authorized.—Subject to any valid existing rights, upon mutual agreement, and without cost for the value of the land or any improvements thereon—

“(1) the Secretary of the Interior may transfer administrative jurisdiction over land that meets the requirements of subsection (b) to the Secretary of a military department; and

“(2) the Secretary of a military department may transfer administrative jurisdiction over land that meets the requirements of subsection (b) to the Secretary of the Interior.

“(b) Requirements for land eligible for transfer.—The requirements of this subsection are as follows:

“(1) CONTIGUITY.—The land is contiguous to land already under the administrative jurisdiction of the Secretary to whom such jurisdiction is transferred.

“(2) LIMITATION ON ACREAGE.—No single parcel of the land is larger than 5,000 acres of contiguous area.

“(3) NO RECENT PRIOR TRANSFER OF CONTIGUOUS LAND.—The land is not contiguous to any other land for which administrative jurisdiction has been transferred under the authority of this section during the previous 5 years.

“(4) PRIOR USE FOR DEFENSE PURPOSES.—In the case of land transferred to the Department of Defense, the land was used for defense purposes immediately prior to the date of transfer.

“(c) Map and legal description.—

“(1) PREPARATION AND PUBLICATION.—The Secretary of the Interior shall—

“(A) publish in the Federal Register a notice containing the legal description of any land transferred under subsection (a);

“(B) file maps and legal descriptions of the land with—

“(i) the Committees on Armed Services and Energy and Natural Resources of the Senate, and

“(ii) the Committees on Armed Services and Natural Resources of the House of Representatives; and

“(C) make copies of such maps and legal descriptions available for public inspection in the appropriate offices of the Bureau of Land Management.

“(2) FORCE OF LAW.—For purposes of any transfer of administrative jurisdiction over land under this section, the legal description and map for the land shall be the legal description of the land filed under paragraph (1)(B), except that the Secretary of the Interior may correct clerical and typographical errors in the legal description or map.

“(3) COSTS.—The Secretary of the military department to whom administrative jurisdiction over land is transferred under subsection (a)(1) shall reimburse the Secretary of the Interior for the costs incurred by the Secretary of the Interior in implementing this subsection with respect to such land.

“(d) Treatment and use of land transferred to the Secretary of a military department.—Upon a transfer of administrative jurisdiction over land to the Secretary of a military department under subsection (a)(1)—

“(1) the land shall be treated as property (as defined in section 102(9) of title 40, United States Code) under the administrative jurisdiction of the Secretary of the military department; and

“(2) for as long as the land is under the administrative jurisdiction of a Secretary of a military department, the land shall be withdrawn from—

“(A) all forms of entry, appropriation, or disposition under the public land laws;

“(B) location, entry, and patent under the mining laws;

“(C) disposition under all laws relating to mineral materials and all laws relating to mineral and geothermal leasing.

“(e) Treatment and use of land transferred to the secretary of the interior.—Upon a transfer of administrative jurisdiction over land to the Secretary of the Interior under subsection (a)(2)—

“(1) the land shall become public land; and

“(2) the land shall be administered for the same purposes and be subject to the same conditions of use as the adjacent public land.

“(f) Effect on other authorities.—The authority provided by this section is in addition to, and not subject to, any other authority relating to transfers of land.”.

(3) SHORT TITLE.—The first section of such Act (43 U.S.C. 155) is amended—

(A) by striking “That, notwithstanding” and inserting “Section 1. (a) Withdrawal, reservation, or restriction of public lands for defense purposes.—Notwithstanding”; and

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

“(b) Short title.—This Act may be cited as the “Engle Act”.”.”.

(4) PROMOTING MORE EFFICIENT SURVEYING OF LANDS.—In fixing the original corner position in an official survey of unsurveyed land, when applicable and feasible, Cadastral Survey may, instead of using physical monuments, use geographic coordinates correlated to the National Spatial Reference System geodetic datum, in accordance with the Manual of Surveying Instructions.

(i) Effect on new land withdrawals and reservations.—Nothing in this section or the amendments made by this section shall be construed as changing the requirements imposed on the Department of Defense to obtain a new or expanded land withdrawal and reservation.

SEC. 2832. Designation of potential wilderness area.

(a) In general.—Certain land administered by the National Park Service, comprising approximately 1 acre as generally depicted on the map entitled “Proposed Potential Wilderness, Mormon Peak Microwave Facility, Death Valley National Park”, numbered 143–142, 834, and dated March 1, 2018, is designated as a potential wilderness area.

(b) Uses.—The Secretary of the Interior may permit on the land described in subsection (a) only the uses that were permitted on such land on the date of enactment of the California Desert Protection Act of 1994 (Public Law 103–433).

(c) Reestablishment of wilderness designation.—

(1) NOTICE.—The Secretary of the Interior shall publish a notice in the Federal Register when the Secretary determines that—

(A) the communications site within the potential wilderness area designated under subsection (a) is no longer used;

(B) the associated right-of-way is relinquished or not renewed; and

(C) the conditions in the potential wilderness area designated by subsection (a) are compatible with the Wilderness Act (16 U.S.C. 1131 et seq.).

(2) DESIGNATION.—Upon publication by the Secretary of the notice described in paragraph (1), the land described in subsection (a) is—

(A) designated as wilderness and as a component of the National Wilderness Preservation System; and

(B) incorporated into the Death Valley National Park Wilderness designated by section 601of Public Law 103–433.

subtitle EOther Matters

SEC. 2841. Defense community infrastructure program.

(a) Authorization of program.—Section 2391 of title 10, United States Code, is amended—

(1) by redesignating subsections (d) and (e) as subsections (e) and (f); and

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

“(d) Defense Community Infrastructure Program.— (1) The Secretary of Defense may make grants, conclude cooperative agreements, and supplement funds available under Federal programs administered by agencies other than the Department of Defense to assist States and units of local government in addressing deficiencies in community infrastructure projects or facilities which are located outside of military installations but which support military installations, and which are owned by the State or unit of local government, if the Secretary determines that such assistance will enhance the military value, resiliency, or military family quality of life at such military installation.

“(2) The Secretary shall establish criteria for the eligibility and selection of States and units of local government to receive assistance under this subsection. Such criteria shall include a requirement that the State or unit of local government agrees to contribute not less than 20 percent of the funding required to address the deficiencies in the community infrastructure project or facility involved, except that the Secretary may waive such requirement in the case of a community infrastructure project or facility which is located in a rural area.

“(3) Prior to providing any assistance to a State or unit of local government with respect to a community infrastructure project or facility under this subsection, the Secretary shall provide a notification to the appropriate committees of Congress of the intent to provide the assistance, and shall include in the notification a comprehensive description of how the assistance will address deficiencies in the project or facility, a certification of military need, and (if applicable) a certification that the State or unit of local government has agreed to contribute funding for the infrastructure as required under paragraph (2). The Secretary may then obligate funds for such assistance only after the end of the 14-day period beginning on the date on which the notification is received by the committees in an electronic medium pursuant to section 480 of this title.”.

(b) Definition.—Section 2391(e) of such title, as redesignated by subsection (a), is amended by adding at the end the following new paragraph:

“(4) The term ‘community infrastructure project or facility’ means any of the following:

“(A) A transportation project.

“(B) A school, hospital, police, fire, emergency response, or other community support facility.

“(C) A water, waste-water, telecommunications, electric, gas, or other utility infrastructure project.”.

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

(a) Restriction.—If the Secretary of Defense determines that any grant, cooperative agreement, transfer of funds to another Federal agency, or supplement of funds available under Federal programs administered by agencies other than the Department of Defense will result in the development (including repair, replacement, renovation, conversion, improvement, expansion, acquisition, or construction) of public infrastructure in the Commonwealth of the Northern Mariana Islands (hereafter in this section referred to as the “Commonwealth”), the Secretary of Defense may not carry out such grant, transfer, cooperative agreement, or supplemental funding unless such grant, transfer, cooperative agreement, or supplemental funding—

(1) is specifically authorized by law; and

(2) will be used to carry out a public infrastructure project included in the report submitted under subsection (b).

(b) Report of Economic Adjustment Committee.—

(1) CONVENING OF COMMITTEE.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, as the chair of the Economic Adjustment Committee established in Executive Order No. 127887 (10 U.S.C. 2391 note), shall convene the Economic Adjustment Committee to consider assistance, including assistance to support public infrastructure projects, necessary to support changes in Department of Defense activities in the Commonwealth.

(2) REPORT.—Not later than 180 days after convening the Economic Adjustment Committee under paragraph (1), the Secretary shall submit to the congressional defense committees a report—

(A) describing the results of the Economic Adjustment Committee deliberations required by paragraph (1); and

(B) containing a description of any assistance the Committee determines to be necessary to support changes in Department of Defense activities in the Commonwealth, including any public infrastructure projects the Committee determines should be carried out with such assistance.

(c) Public infrastructure defined.—In this section, the term “public infrastructure” means any utility, method of transportation, item of equipment, or facility under the control of a public entity or State or local government that is used by, or constructed for the benefit of, the general public.

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

(a) Findings.—Congress finds the following:

(1) Navy vessels must have access to Naval Weapons Station, Yorktown, Virginia, in order to load munitions for war time needs.

(2) To access the Station, vessels must pass the George P. Coleman Bridge on the York River, which swings open to allow passage.

(3) Many Federal employees at the Station and at other critical military installations in the Tidewater region of Virginia live on the north side of the York River and commute to work using the Bridge.

(4) The assured operation of the George P. Coleman Memorial Bridge is therefore critical to the operation of Naval Weapons Station, Yorktown and national security generally.

(b) Study and report on inclusion of Bridge in Strategic Highway Network.—

(1) STUDY.—The Commander of the United States Transportation Command shall conduct a study of the feasibility and desirability of including the George P. Coleman Memorial Bridge on the York River, Virginia, and United States Route 17 in the Strategic Highway Network.

(2) REPORT.—Not later than 180 days after the date of the enactment of this Act, the Commander shall submit to the congressional defense committees a report on the results of the study conducted under paragraph (1).

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

(a) Certifications.—Subsection (c) of section 2864 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1869) is amended—

(1) in the heading, by striking “Transfer” and all that follows and inserting “Transfer of Certain Veterans Memorial Object”;

(2) in the matter preceding paragraph (1), by striking “certifies to Congress” and inserting “provides a certification to Congress”.

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

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

“(2) CERTIFICATION REQUIREMENTS.—The certification required under paragraph (1) shall include a report with a classified annex describing the effects of the transfer of the object under this subsection on the national security interests of the United States (as required under subparagraph (A) of paragraph (1)) and the efforts undertaken to consult with veterans organizations and government officials in the State of Wyoming in order to preserve the history of the veterans associated with the object (as required by subparagraph (B) of paragraph (1)).”.

(b) Effective date.—The amendment made by subsection (a) shall take effect as if included in the enactment of the National Defense Authorization Act for Fiscal Year 2018.

SEC. 2845. Battleship preservation grant program.

(a) Establishment.—There is hereby established within the Department of the Interior a grant program for the preservation of our nation’s most historic battleships.

(b) Use of Grants.—Amounts received through grants under this section shall be used for the preservation of our nation’s most historic battleships in a manner that is self-sustaining and has an educational component.

(c) Criteria for eligibility.—To be eligible for a grant under this section, an entity shall—

(1) submit an application under procedures prescribed by the Secretary;

(2) match the amount of the grant, on a 1-to-1 basis, with non-Federal assets from non-Federal sources, which may include cash or durable goods and materials fairly valued as determined by the Secretary;

(3) maintain records as may be reasonably necessary to fully disclose—

(A) the amount and the disposition of the proceeds of the grant;

(B) the total cost of the project for which the grant is made; and

(C) other records as may be required by the Secretary, including such records as will facilitate an effective accounting for project funds; and

(4) provide access to the Secretary for the purposes of any required audit and examination of any books, documents, papers, and records of the entity.

(d) Most historic battleship defined.—In this section, the term “most historic battleship” means a battleship that is—

(1) between 75 and 115 years old;

(2) listed on the National Register of Historic Places; and

(3) located within the State for which it was named.

(e) Savings provision.—The authorities contained in this section shall be in addition to, and shall not be construed to supercede or modify those contained in the National Historic Preservation Act (16 U.S.C. 470–470x–6).

(f) Private property protection.—

(1) IN GENERAL.—No Federal funds made available to carry out this section may be used to acquire any real property, or any interest in any real property, without the written consent of the owner (or owners) of that property or interest in property.

(2) NO DESIGNATION.—The authority granted by this section shall not constitute a Federal designation or have any effect on private property ownership.

(g) Sunset.—The authority to make grants under this section expires on September 30, 2025.

SEC. 2846. Restrictions on rehabilitation of Over-the-Horizon Backscatter Radar Station.

(a) Restrictions.—Except as provided in subsection (b), the Secretary of the Air Force may not use any funds or resources to carry out the rehabilitation of the Over-the-Horizon Backscatter Radar Station on Modoc National Forest land in Modoc County, California.

(b) Exception for removal of perimeter fence.—Notwithstanding subsection (a), the Secretary may use funds and resources to remove the perimeter fence surrounding the Over-the-Horizon Backscatter Radar Station and to carry out the mitigation of soil contamination associated with such fence.

(c) Sunset.—Subsection (a) shall terminate on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020.

SEC. 2847. Modification to First Division Monument.

(a) Authorization.—The Society of the First Infantry Division (an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that code), may make modifications (including construction of additional plaques and stone plinths on which to put the plaques) to the First Division Monument located on Federal land in Presidential Park in District of Columbia that was set aside for memorial purposes of the First Infantry Division, in order to honor the members of the First Infantry Division who paid the ultimate sacrifice during United States operations, including Operation Desert Storm, Operation Iraqi Freedom and New Dawn, and Operation Enduring Freedom. The First Infantry Division at the Department of the Army shall collaborate with the Department of Defense to provide to the Society of the First Infantry Division the list of names to be added.

(b) Non-Application of Commemorative Works Act.—Subsections (b) and (c) of section 8903 of title 40, United States Code (commonly known as the “Commemorative Works Act”), shall not apply to actions taken under subsection (a) of this section.

(c) Funding.—Federal funds may not be used to pay any expense of the activities of the Society of the First Infantry Division which are authorized by this section.

SEC. 2848. Defense access roads relating to closures due to sea level rise and flooding.

(a) Authority.—Section 210(a)(1) of title 23, United States Code, is amended by striking “closures or restrictions” and inserting “closures, closures due to sea level rise and flooding, or restrictions”.

(b) Use of funds.—Section 210 of title 23, United States Code, is amended by adding at the end the following:

“(i) Beginning in fiscal year 2019, funds appropriated for the purposes of this section shall be available to pay the cost of repairing damage caused to, and for any infrastructure to mitigate the risks posed to, highways by recurrent flooding and sea level rise, if the Secretary shall determine that continued access to a military installation has been impacted by past flooding and projected sea level rise.”.

TITLE XXIXOverseas Contingency Operations Military Construction

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

The Secretary of the Army may acquire real property and carry out the military construction projects for the installations outside the United States, and in the amounts, set forth in the following table:



Army: Outside the United States
Country Location Amount
Bulgaria Nevo Selo Fos $5,200,000
Poland Drawsko Pomorski Training Area $17,000,000
Powidz Air Base $87,000,000
Zagan Training Area $40,400,000
Romania Mihail Kogalniceanu $21,651,000

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

The Secretary of the Navy may acquire real property and carry out the military construction projects for the installations outside the United States, and in the amounts, set forth in the following table:



Navy: Outside the United States
Country Location Amount
Greece Naval Support Activity Souda Bay $47,850,000
Italy Naval Air Station Sigonella $66,050,000
Spain Naval Station Rota $21,590,000
United Kingdom Lossiemouth $79,130,000

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

The Secretary of the Air Force may acquire real property and carry out the military construction projects for the installations outside the United States, and in the amounts, set forth in the following table:



Air Force: Outside the United States
Country Location Amount
Germany Ramstein Air Base $119,000,000
Norway Rygge $13,800,000
Qatar Al Udeid $70,400,000
Slovakia Malacky $59,000,000
United Kingdom RAF Fairford $106,000,000

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

The Secretary of Defense may acquire real property and carry out the military construction projects for the installations outside the United States, and in the amounts, set forth in the following table:



Defense Agencies: Outside the United States
Country Location Amount
Estonia Unspecified Estonia $15,700,000
Qatar Al Udeid $60,000,000

SEC. 2905. Authorization of appropriations.

Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2018, for the military construction projects outside the United States authorized by this title as specified in the funding table in section 7602.

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

None of the funds authorized to be appropriated for military construction projects outside the United States authorized by this title may be obligated or expended for planning and design costs of any project associated with the European Deterrence Initiative until the Secretary of Defense submits to the congressional defense committees a list of all of the military construction projects associated with the European Deterrence Initiative which the Secretary anticipates will be carried out during each of the fiscal years 2019 through 2023.

DIVISION CDEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS

TITLE XXXIDEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

subtitle ANational Security Programs and Authorizations

SEC. 3101. National Nuclear Security Administration.

(a) Authorization of appropriations.—Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2019 for the activities of the National Nuclear Security Administration in carrying out programs as specified in the funding table in division G.

(b) Authorization of new plant projects.—From funds referred to in subsection (a) that are available for carrying out plant projects, the Secretary of Energy may carry out new plant projects for the National Nuclear Security Administration as follows:

SEC. 3102. Defense environmental cleanup.

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2019 for defense environmental cleanup activities in carrying out programs as specified in the funding table in division G.

SEC. 3103. Other defense activities.

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2019 for other defense activities in carrying out programs as specified in the funding table in division G.

SEC. 3104. Nuclear energy.

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2019 for nuclear energy as specified in the funding table in division G.

subtitle BProgram Authorizations, Restrictions, and Limitations

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

(a) In general.—The National Nuclear Security Administration Act (50 U.S.C. 2401 et seq.) is amended by inserting after section 3236 the following new section:

“SEC. 3237. Security clearance for dual nationals.

“(a) In general.— (1) In the case of an individual described in paragraph (3), the Secretary of Energy shall develop a process to review foreign preference in accordance with the adjudicative guidelines issued pursuant to section 710.7 of title 10, Code of Federal Regulations, or such successor regulation, before approving a security clearance for such individual.

“(2) The Secretary shall designate an official of the Administration to be responsible for adjudicating any derogatory information of an individual described in paragraph (3) concerning foreign preference that is discovered after the security clearance of the individual is approved.

“(3) An individual described in this paragraph is an individual who is—

“(A) a national of the United States (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)) and also a national of a foreign state; and

“(B) an employee or contractor of the Administration who requires access to classified information.

“(b) Waiver.—In the case of an individual who is a national of the United States and also a national of a foreign state identified under section 1564b(b)(2) of title 10, United States Code, the Secretary may waive the requirement under subsection (a).”.

(b) Clerical amendment.—The table of contents at the beginning of such Act is amended by inserting after the item relating to section 3236 the following new item:


“Sec. 3237. Security clearance for dual nationals.”.

(c) Briefing.—

(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Energy shall provide to the Committees on Armed Services of the House of Representatives and the Senate, and to any other appropriate congressional committee upon request, a briefing on—

(A) the process developed under paragraph (1) of section 3237(a) of the National Nuclear Security Administration Act, as added by subsection (a); and

(B) the official designated under paragraph (2) of such section 3237(a).

(2) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this subsection, the term “appropriate congressional committees” means the following:

(A) The Committees on Armed Services of the House of Representatives and the Senate.

(B) The Committee on Energy and Commerce and the Permanent Select Committee on Intelligence of the House of Representatives.

(C) The Committee on Energy and Natural Resources and the Select Committee on Intelligence of the Senate.

SEC. 3112. Department of Energy counterintelligence polygraph program.

Section 4504(b) of the Atomic Energy Defense Act (50 U.S.C. 2654(b)) is amended by adding at the end the following new paragraph:

“(4) The regulations prescribed under paragraph (1) shall ensure that the persons subject to the counterintelligence polygraph program required by subsection (a) include any person who is—

“(A) a national of the United States (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)) and also a national of a foreign state; and

“(B) an employee or contractor who requires access to classified information.”.

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

(a) Extension.—Subsection (g) of section 4806 of the Atomic Energy Defense Act (50 U.S.C. 2786) is amended to read as follows:

“(g) Termination.—The authority under this section shall terminate on June 30, 2023.”.

(b) Technical amendment.—Subsection (f)(5)(A) of such section is amended by striking “section 3542(b) of title 44” and inserting “section 3552(b) of title 44”.

SEC. 3114. Low-yield nuclear weapons.

(a) Repeal of prohibition.—Section 3116 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 50 U.S.C. 2529 note) is amended by striking subsection (c).

(b) Authorization.—The Secretary of Energy, acting through the Administrator for Nuclear Security, may carry out the engineering development phase, and any subsequent phase, to modify or develop a low-yield nuclear warhead for submarine-launched ballistic missiles.

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

(a) In general.—Except as provided by subsection (b), the Secretary of Energy shall carry out construction and project support activities relating to the MOX facility using funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for the National Nuclear Security Administration for the MOX facility.

(b) Waiver.—The Secretary may waive the requirement under subsection (a) if the Secretary submits to the congressional defense committees the matters specified in section 3121(b)(1) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1892).

(c) Definitions.—In this section:

(1) The term “MOX facility” means the mixed-oxide fuel fabrication facility at the Savannah River Site, Aiken, South Carolina.

(2) The term “project support activities” means activities that support the design, long-lead equipment procurement, and site preparation of the MOX facility.

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

(a) Prohibition.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for atomic energy defense activities may be obligated or expended to enter into a contract with, or otherwise provide assistance to, the Russian Federation.

(b) Waiver.—The Secretary of Energy, without delegation, may waive the prohibition in subsection (a) only if—

(1) the Secretary determines, in writing, that a nuclear-related threat in the Russian Federation must be addressed urgently and it is necessary to waive the prohibition to address that threat;

(2) the Secretary of State and the Secretary of Defense concur in the determination under paragraph (1);

(3) the Secretary of Energy submits to the appropriate congressional committees a report containing—

(A) a notification that the waiver is in the national security interest of the United States;

(B) justification for the waiver, including the determination under paragraph (1); and

(C) a description of the activities to be carried out pursuant to the waiver, including the expected cost and timeframe for such activities; and

(4) a period of seven days elapses following the date on which the Secretary submits the report under paragraph (3).

(c) Exception.—The prohibition under subsection (a) and the requirements under subsection (b) to waive that prohibition shall not apply to an amount, not to exceed $3,000,000, that the Secretary may make available for the Department of Energy Russian Health Studies Program.

(d) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means the following:

(1) The congressional defense committees.

(2) The Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.

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

(a) Prohibition.—Except as provided by subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for the Department of Energy or the Department of Defense may be obligated or expended to plan or carry out research and development of an advanced naval nuclear fuel system based on low-enriched uranium.

(b) Exception.—In accordance with section 7319 of title 10, United States Code, of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 for defense nuclear nonproliferation, as specified in the funding table in division G, $10,000,000 shall be made available to the Deputy Administrator for Naval Reactors of the National Nuclear Security Administration for low-enriched uranium activities (including downblending of high-enriched uranium fuel into low-enriched uranium fuel, research and development using low-enriched uranium fuel, or the modification or procurement of equipment and infrastructure related to such activities) to develop an 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.

Section 4716 of the Atomic Energy Defense Act (50 U.S.C. 2756) is amended—

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

(2) by inserting after subsection (b) the following new subsection (c):

“(c) Limitation.—If the Administrator fails to submit to the congressional defense committees a report required by subsection (a) for any of fiscal years 2020 through 2024 that contains at least one unfunded priority by the deadline specified in such subsection, none of the funds authorized to be appropriated or otherwise made available for the fiscal year in which such failure occurs for travel and transportation of persons under the Federal salaries and expenses account of the Administration may be obligated or expended until the date on which the Administrator submits such report.”.

SEC. 3119. Acceleration of replacement of cesium blood irradiation sources.

(a) Goal.—The Administrator for Nuclear Security shall ensure that the goal of the covered programs is eliminating the use of blood irradiation devices in the United States that rely on cesium chloride by December 31, 2027.

(b) Programs.—To meet the goal specified by subsection (a), the Administrator shall carry out the covered programs in a manner that—

(1) is voluntary for owners of blood irradiation devices;

(2) allows for the United States, subject to the review of the Administrator, to pay up to 50 percent of the per-device cost of replacing blood irradiation devices covered by the programs;

(3) allows for the United States to pay up to 100 percent of the cost of removing and disposing of cesium sources retired from service by the programs; and

(4) replaces such devices with x-ray irradiation devices or other devices approved by the Food and Drug Administration that provide significant threat reduction as compared to cesium chloride irradiators.

(c) Duration.—The Administrator shall carry out the covered programs until December 31, 2027.

(d) Report.—Not later than 180 days after the date of the enactment of this Act, the Administrator shall submit to the appropriate congressional committees a report on the covered programs, including—

(1) identification of each cesium chloride blood irradiation device in the United States, including the number, general location, and user type;

(2) a plan for achieving the goal established by subsection (a);

(3) a methodology for prioritizing replacement of such devices which takes into account irradiator age and prior material security initiatives;

(4) in consultation with the Nuclear Regulatory Commission and the Food and Drug Administration, a strategy identifying any legislative, regulatory, or other measures necessary to constrain the introduction of new cesium chloride blood irradiation devices; and

(5) identification of the annual funds required to meet the goal established by subsection (a).

(e) Assessment.—The Administrator shall submit and assessment to the appropriate congressional committees by September 20, 2023, the results of the actions on the covered programs, including—

(1) the number of replacement irradiators under the covered programs;

(2) the life-cycle costs of the program, including personnel training, maintenance, and replacement costs for new irradiation devices;

(3) the cost-effectiveness of the covered programs;

(4) an analysis of the effectiveness of the new irradiation devices technology; and

(5) a forecast whether the Administrator will meet the goal established in subsection (a).

(f) Definitions.—In this section:

(1) The term “appropriate congressional committees” means—

(A) the Committee on Appropriations, the Committee on Armed Services, and the Committee on Energy and Commerce of the House of Representatives; and

(B) the Committee on Appropriations, the Committee on Armed Services, the Committee on Energy and Natural Resources, and the Committee on Health, Education, Labor, and Pensions of the Senate.

(2) The term “covered programs” means the following programs of the Office of Radiological Security of the National Nuclear Security Administration:

(A) The Cesium Irradiator Replacement Program.

(B) The Offsite Source Recovery Program.

SEC. 3120. Nuclear forensics analyses.

(a) Independent assessment.—Not later than 30 days after the date of the enactment of this Act, the Secretary of Energy, in consultation with the Secretary of Defense and the Secretary of Homeland Security, shall seek to enter into an agreement with the National Academy of Sciences for an independent assessment of nuclear forensic analyses conducted by the Federal Government.

(b) Elements.—The assessment conducted by the National Academy of Sciences shall, at minimum, include the following:

(1) An assessment of a representative sample of nuclear forensic analyses from across the Federal departments and agencies, with particular emphasis on the validity, quality, value, cost effectiveness, gaps, and timeliness of such analyses.

(2) An assessment of the methodologies used by nuclear forensics analyses from across the Federal departments and agencies, including the scientific rigor of such methodologies.

(3) Recommendations for improving nuclear forensics analyses conducted by the Federal Government, including any best practices or lessons learned that should be shared across the Federal departments and agencies.

(c) Submission.—Not later than one year after the date of the enactment of this Act, the Secretary of Energy shall submit to the appropriate congressional committees a report containing the assessment of the National Academy of Sciences under subsection (a).

(d) Briefing on senior-level involvement in exercises.—Not later than 90 days after the date of the enactment of this Act, the President shall provide to the appropriate congressional committees a briefing on the involvement of senior-level executive branch leadership in recent and planned nuclear terrorism preparedness or response exercises, or any other exercise that have nuclear forensic analysis as a component of the exercise.

(e) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means—

(1) the congressional defense committees; and

(2) the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Government Affairs of the Senate.

SEC. 3120A. Independent assessment of plutonium strategy.

(a) Statement of policy.—It is the policy of the United States that—

(1) Los Alamos National Laboratory is the Plutonium Science and Production Center of Excellence for the United States; and

(2) Los Alamos National Laboratory will produce a minimum of 30 pits per year for the national pit production mission and will implement surge efforts to exceed 30 pits per year to meet Nuclear Posture Review and national policy.

(b) Independent assessment.—

(1) IN GENERAL.—Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into a contract with a federally funded research and development center to conduct an assessment of the plutonium strategy of the National Nuclear Security Administration. The assessment shall include—

(A) an analysis of the engineering assessment and an analysis of alternatives;

(B) an assessment of the science and strategy of retrofitting the facility for plutonium production, including the cost, schedule, and feasibility of licensing; and

(C) an assessment of the strategy considered for manufacturing up to 80 pits per year at Los Alamos through the use of multiple labor shifts and additional equipment at PF-4 until modular facilities are completed to provide a long-term, single-labor shift capacity.

(2) SELECTION.—The Secretary may not enter into the contract under paragraph (1) with a federally funded research and development center for which the Department of Energy or the National Nuclear Security Administration is the primary sponsor.

(3) SUBMISSION.—Not later than April 1, 2019, the federally funded research and development center shall submit to the Secretary of Defense, the Administrator for Nuclear Security, and the Nuclear Weapons Council a report containing the assessment conducted under paragraph (1).

(4) SUBMISSION TO CONGRESS.—Not later than April 15, 2019, the Administrator shall submit to the congressional defense committees the report under paragraph (3), without change.

(c) Report on pit production.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Energy shall submit to the congressional defense committees a report on the plan for producing plutonium pits 31–80 at Los Alamos, in case the MOX facility is not operational and producing pits by 2030.

(d) Capital development.—The Secretary of Energy shall complete—

(1) by December 2020 a plan, including cost and impact to on-going activities and operations, to reach 30 pits per year at Los Alamos National Laboratory; and

(2) by September 2020 an updated CD-0 (Statement of Mission Need) on the final plan for the national pit production.

(e) Briefing.—Not later than March 1, 2019, the Chairman of the Nuclear Weapons Council and the Administrator for Nuclear Security shall jointly provide to the Committees on Armed Services of the House of Representatives and the Senate, and to any other congressional defense committee upon request, a briefing detailing the implementation plan for the plutonium strategy of the National Nuclear Security Administration, including milestones, accountable personnel for such milestones, and mechanisms for ensuring transparency into the progress of such strategy for the Department of Defense and the congressional defense committees.

(f) Annual certification.—Not later than April 1, 2019, and each year thereafter through 2025, the Chairman of the Nuclear Weapons Council shall submit to the Secretary of Defense, the Administrator for Nuclear Security, and the congressional defense committees a written certification that the plutonium pit production plan of the National Nuclear Security Administration is on track to meet—

(1) the military requirement of 80 pits per year by 2030;

(2) the statutory requirements for pit production timelines under section 4219 of the Atomic Energy Defense Act (50 U.S.C. 2538a); and

(3) all milestones and deliverables described in the plan under subsection (e).

(g) Failure to certify.—

(1) NWC NOTIFICATION.—If in any year the Chairman is unable to submit the certification under subsection (f), the Chairman shall submit to the congressional defense committees, the Secretary of Defense, and the Administrator written notification describing why the Chairman is unable to make such certification.

(2) NNSA RESPONSE.—Not later than 180 days after the date on which the Chairman makes a notification under paragraph (1), the Administrator shall submit to the congressional defense committees, the Secretary, and the Chairman a report that—

(A) addresses the reasons identified in the notification with respect to the failure to make the certification under subsection (f); and

(B) includes presentation of either a concurrent backup plan or a recovery plan, and the associated implementation schedules for such plan.

SEC. 3120B. Hanford waste tank cleanup program.

Section 4442(e) of the Atomic Energy Defense Act (50 U.S.C. 2622(e)) is amended by striking “2019” and inserting “2024”.

SEC. 3120C. Manufacturing Trades Education Grant Program.

(a) Establishment of manufacturing trades education program.—

(1) The Secretary of Energy, in consultation with the Secretary of Labor, may establish a program, to be known as the “DOE Manufacturing Trades Grant Program Act”, under which the Secretary of Energy provides eligible entities described in paragraph (2), on a competitive basis, grants for technical skills-based training programs, including apprenticeship and pre-apprenticeship programs, that provide recognized post-secondary credentials during the 5-year grant period of 2019 through 2024 to support—

(A) the enhancement of existing programs in manufacturing trades education to further the missions of the Department Of Energy national security laboratories and the NNSA Production Sites; or

(B) the establishment of new programs in manufacturing trades education that meet such requirements.

(2) Grants and awards under this section may be made to industry, not-for-profit institutions, institutions of higher education, workforce intermediaries, or to consortia of such institutions or industry.

(3) If the Secretary establishes the program, the Secretary shall establish the program in consultation with the Secretary of Labor, Secretary of Education, the Director of the Office of Science and Technology Policy, and the heads of such other relevant Federal agencies as the Secretary of Energy considers appropriate.

(4) If the Secretary establishes the program, the Secretary shall ensure that the program is coordinated with Department programs associated with advanced manufacturing activities for missions within the Department Of Energy National Security Laboratories and the NNSA Production Sites.

(b) Geographical distribution of grants and awards.—In awarding grants and other awards under this section, the Secretary shall, to the maximum extent practicable, avoid geographical and Departmental concentration of awards.

(c) Covered programs.—A program of manufacturing trades education supported pursuant to this section shall meet the requirements of this section.

(d) Components of program.—The program of education for which such a grant is made shall be a consolidated and integrated multidisciplinary program of education with an emphasis on the following components:

(1) Multidisciplinary instruction that encompasses the total manufacturing engineering enterprise and that may include—

(A) manufacturing trades education and training through classroom activities, laboratory, or employer site activities (or a combination thereof), on the job training activities, participation in employer site projects, sponsored pre-apprenticeship or apprenticeship programs, cooperative work-study programs, and interactions with other industrial facilities, consortia, or such other activities and organizations in the United States and foreign countries as the Secretary considers appropriate;

(B) Subject Matter Expert development programs;

(C) recruitment of experienced and licensed professionals that are highly qualified in relevant manufacturing trades to teach or develop manufacturing trade courses and program content;

(D) presentation of seminars, workshops, and training for the development of specific manufacturing trades skills;

(E) activities involving interaction between students and industry, including programs for visiting experts from industry or other sites or industry and personnel exchanges between Department Of Energy National Security Laboratories and the NNSA Production Sites;

(F) development of new, or updating and modification of existing, manufacturing trades curriculum, course offerings, and education programs;

(G) establishment of programs in manufacturing workforce training that are specific to the unique skills and requirements needed at the Department Of Energy National Security Laboratories and the NNSA Production Sites;

(H) establishment of joint manufacturing trades education programs with defense laboratories and, depots, national security laboratories, and NNSA production sites; and

(I) expansion of manufacturing trades training and education programs and outreach for members of the armed forces, dependents and children of such members, veterans, and employees of the Department of Defense, National Security Laboratories, and NNSA production sites.

(2) Opportunities for students to obtain work experience in manufacturing through such activities as apprenticeship/pre-apprenticeship programs, internships, summer job placements, or cooperative work-study programs.

(3) Faculty and student engagement with industry that is directly related to, and supportive of, the education of students in the manufacturing trades because of—

(A) the increased understanding of manufacturing challenges and potential solutions; and

(B) the enhanced quality and effectiveness of the instruction that result from that increased understanding.

(e) Proposals.—If the Secretary establishes the program, the Secretary shall solicit proposals for grants and other awards to be made pursuant to this section for the support of programs of manufacturing trades education that are consistent with the purposes of this section.

(f) Merit competition.—Applications for awards shall be evaluated on the basis of merit pursuant to competitive procedures prescribed by the Secretary.

(g) Selection criteria.—The Secretary may select a proposal for an award pursuant to this section if the proposal, at a minimum, does each of the following:

(1) Provides students access to registered apprenticeship or pre-apprenticeship programs for improving trades education in manufacturing technology.

(2) Contains innovative approaches for improving trades education in manufacturing technology.

(3) Demonstrates a strong commitment by the proponents to apply the resources necessary to achieve the objectives for which the award is to be made.

(4) Provides for effective engagement with industry or government organizations that supports the instruction to be provided in the proposed program and is likely to improve manufacturing capability and technology.

(5) Demonstrates a significant level of involvement of United States industry in the proposed instructional and research activities.

(6) Is likely to attract regional students that will provide long careers to the Department Of Energy National Security Laboratories and the NNSA Production Sites and promote careers in manufacturing trades at these locations.

(7) Proposes to involve fully qualified personnel and employer site subject matter experts who are experienced in manufacturing engineering education and technology.

(8) Proposes a program that, within 3 years after the award is made, is likely to attract from sources other than the Federal Government the financial and other support necessary to sustain such program.

(9) Proposes to achieve a significant level of participation by women, members of minority groups, young adults in the age range of 17 to 29, and individuals with disabilities through active recruitment of students from among such persons.

(10) Trains students in advanced manufacturing trades and in relevant emerging technologies and production processes.

(h) Institution of higher education defined.—In this section the term “institution of higher education” has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).

subtitle CReports

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

(a) In general.—Subtitle C of title XLIV of the Atomic Energy Defense Act (50 U.S.C. 2621 et seq.) is amended by adding at the end the following new section:

“SEC. 4447. Notification regarding release of contamination.

“If the Assistant Secretary of Energy for Environmental Management detects an improper release of contamination resulting from defense waste at the Hanford Nuclear Reservation, Richland, Washington, the Assistant Secretary shall—

“(1) not later than two days after the date of such detection, notify the congressional defense committees of such release of contamination; and

“(2) not later than seven days after the date of such detection, provide the congressional defense committees a briefing on the status of such release of contamination, including—

“(A) the cause of the release, if known; and

“(B) plans to address and remediate the release, including associated costs and timelines.”.

(b) Clerical amendment.—The table of contents at the beginning of such Act is amended by inserting after the item relating to section 4446 the following new item:


“Sec. 4447. Notification regarding release of contamination.”.

SEC. 3122. Sense of Congress regarding uranium mining and nuclear testing.

It is the sense of Congress that the United States should compensate and recognize all of the miners, workers, downwinders, and others suffering from the effects of uranium mining and nuclear testing carried out during the Cold War.

subtitle DOther Matters

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

Section 3221(h)(2) of the National Nuclear Security Administration Act (50 U.S.C. 2411(h)(2)) is amended—

(1) by striking “Program.—” and all that follows through “, the term” and inserting “Program.—The term”;

(2) by striking subparagraph (B); and

(3) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively.

SEC. 3132. Whistleblower protections.

(a) Findings.—Congress finds the following:

(1) The Department of Energy and its contractors rely to a significant extent on workers to bring attention to important nuclear safety concerns.

(2) The Department of Energy, including the National Nuclear Security Administration, have a strong interest in preventing whistleblower retaliation and in ensuring the work environment is conducive to employees raising concerns.

(3) Retaliation against whistleblowers can lead to a chilled work environment in which employees do not feel free to raise important safety concerns.

(4) The Comptroller General of the United States found in a 2016 report titled “Whistleblower Protections Need Strengthening” that the Department of Energy had infrequently used its enforcement authority to hold contractors accountable for unlawful retaliation, issuing only two violation notices in the past 20 years.

(5) The Comptroller General also found that the Department had taken limited or no action to hold contractors accountable for creating a chilled work environment.

(b) Sense of Congress.—It is the sense of Congress that—

(1) raising nuclear safety concerns is important for avoiding potentially catastrophic incidents or harm to workers and the public;

(2) the Department of Energy should protect whistleblowers and take action against contractors and subcontractors that retaliate against whistleblowers; and

(3) such action sends a strong signal to prevent or limit retaliation against whistleblowers.

(c) Civil penalties.—The Secretary of Energy, including by acting through the Administrator for Nuclear Security as appropriate, shall impose civil penalties under section 234 a. of the Atomic Energy Act of 1954 (42 U.S.C. 2282(a)), as the Secretary or the Administrator determines appropriate, on contractors, subcontractors, and suppliers for violations of the rules, regulations, or orders of the Department of Energy relating to nuclear safety and radiation protection.

(d) Chilled work environment.—Not later than 120 days after the date of the enactment of this Act, the Secretary shall clearly define what constitutes evidence of a chilled work environment with respect to employees and contractors of the Department making a whistleblower complaint under section 4602 of the Atomic Energy Defense Act (50 U.S.C. 2702), or any other law that may provide protection for disclosures of information by such employees or contractors, without fear of being discharged, demoted, or otherwise discriminated against as a reprisal.

(e) Notification.—

(1) IN GENERAL.—Not later than February 1, 2019, and each year thereafter through 2021, the Secretary of Energy shall submit to the appropriate congressional committees an annual notification on whether any penalties were imposed pursuant to subsection (c), including a description of such penalties and the entities against which the penalties were imposed.

(2) APPROPRIATE CONGRESSIONAL COMMITTEES.—In this subsection, the term “appropriate congressional committees” means—

(A) the congressional defense committees; and

(B) the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.

TITLE XXXIIDEFENSE NUCLEAR FACILITIES SAFETY BOARD

SEC. 3201. Authorization.

There are authorized to be appropriated for fiscal year 2019, $31,243,000 for the operation of the Defense Nuclear Facilities Safety Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.).

TITLE XXXIVNAVAL PETROLEUM RESERVES

SEC. 3401. Authorization of appropriations.

(a) Amount.—There are hereby authorized to be appropriated to the Secretary of Energy $10,000,000 for fiscal year 2019 for the purpose of carrying out activities under chapter 641 of title 10, United States Code, relating to the naval petroleum reserves.

(b) Period of availability.—Funds appropriated pursuant to the authorization of appropriations in subsection (a) shall remain available until expended.

SECTION 3402. Exclusion of certain payments from calculation for fiscal year 2019 PILT payments.

(a) Definitions.—In this section:

(1) COVERED PAYMENT.—The term “covered payment” means a payment to a unit of general local government for fiscal year 2018 from amounts deposited in the Treasury during the period of time beginning on November 18, 1997, and ending on August 7, 2008, from a lease issued under section 7439(b)(1) of title 10, United States Code, and distributed to the unit of general local government in accordance with the Mineral Leasing Act (30 U.S.C. 181 et seq.).

(2) PAYMENT LAW.—The term “payment law” has the meaning given the term in section 6903(a)(1) of title 31, United States Code.

(3) UNIT OF GENERAL LOCAL GOVERNMENT.—The term “unit of general local government” has the meaning given the term in section 6901 of title 31, United States Code.

(b) Calculation of pilt payment amount.—Notwithstanding any other provision of law, in calculating the amount of a payment to be made to a unit of general local government for fiscal year 2019 under chapter 69 of title 31, United States Code, the Secretary of the Interior shall not consider a covered payment to be an amount received by the unit of general local government in the prior fiscal year under a payment law for purposes of section 6903(b)(1)(A) of that title.

TITLE XXXVMaritime Matters

subtitle AMaritime Administration

SEC. 3501. Authorization of the Maritime Administration.

There are authorized to be appropriated to the Department of Transportation for fiscal year 2019, to be available without fiscal year limitation if so provided in appropriations Acts, for programs associated with maintaining the United States merchant marine, the following amounts:

(1) For expenses necessary for operations of the United States Merchant Marine Academy, $74,593,000, of which—

(A) $70,593,000 shall be for Academy operations; and

(B) $4,000,000 shall remain available until expended for capital asset management at the Academy.

(2) For expenses necessary to support the State maritime academies, $24,400,000, of which—

(A) $2,400,000 shall remain available until September 30, 2019, for the Student Incentive Program; and

(B) $22,000,000 shall remain available until expended for maintenance and repair of State maritime academy training vessels.

(3) For expenses necessary to support the National Security Multi-Mission Vessel Program, $350,000,000, which shall remain available until expended.

(4) For expenses necessary to support Maritime Administration operations and programs, $53,435,000.

(5) For expenses necessary to dispose of vessels in the National Defense Reserve Fleet, $30,000,000, which shall remain available until expended.

(6) For expenses necessary to maintain and preserve a United States flag merchant marine to serve the national security needs of the United States under chapter 531 of title 46, United States Code, $300,000,000.

(7) For expenses necessary for the loan guarantee program authorized under chapter 537 of title 46, United States Code, $33,000,000, of which—

(A) $30,000,000 may be used for the cost (as defined in section 502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5))) of loan guarantees under the program; and

(B) $3,000,000 may be used for administrative expenses relating to loan guarantee commitments under the program.

(8) For expenses necessary to provide small shipyards and maritime communities grants under section 54101 of title 46, United States Code, $35,000,000.

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

The Secretary of Defense shall, consistent with section 2244a of title 10, United States Code, use authority under section 2218 of such title to make such modifications to Ready Reserve Fleet vessels as are necessary for such vessels to comply requirements for lifeboats and fire suppression under the International Convention for the Safety of Life at Sea by not later than October 1, 2021.

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

Section 3505 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2776) is amended by adding at the end the following:

“(h) Limitation on use of funds for used vessels.—Amounts authorized by this or any other Act for use by the Maritime Administration to carry out this section may not be used for the procurement of any used vessel.”.

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

(a) In general.—Section 53912 of title 46, United States Code, is repealed.

(b) Clerical amendment.—The table of sections at the beginning of chapter 539 of title 46, United States Code, is amended by striking the item relating to section 53912.

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

(a) In general.—Section 51504(g) of title 46, United States Code, is amended to read as follows:

“(g) Training vessel capacity sharing.—

“(1) IN GENERAL.—The Secretary, acting through the Maritime Administrator and in consultation with the State maritime academies, implement a program under which State maritime academies shall share among such academies training vessel capacity provided by the Secretary as necessary to ensure that training needs for the purpose of training licensed mariners of each academy are met in periods of limited vessel capacity that could affect required licensed mariner training as determined by the Maritime Administrator.

“(2) PROGRAM REQUIREMENTS.—The program shall include—

“(A) ways to maximize the underway training capacity for licensed mariners available in the fleet of training vessels;

“(B) coordinating the dates and duration of training cruises with the academic calendars of State maritime academies, and

“(C) identifying ways to minimize costs associated with training voyages for both the Maritime Administration and the State maritime academies.

“(3) ADDITIONAL FUNDING.—Subject to the availability of appropriations, the Maritime Administrator may provide additional funding the State maritime academies during periods of limited training vessel capacity, for costs associated with training vessel sharing.

“(4) EVALUATION AND MODIFICATION.—Not later than 30 days after the beginning of each fiscal year and as the Maritime Administrator determines necessary in the State maritime academy training year, the Secretary, acting through the Maritime Administrator, shall—

“(A) evaluate the program under this subsection to determine the optimal utilization of State maritime academy training vessels for the purpose described in paragraph (1); and

“(B) modify the program as necessary to improve such utilization.”.

(b) Deadline.—The Secretary of Transportation shall begin implementing the program required by the amendment made by subsection (a) by not later than 180 days after the date of the enactment of this Act.

subtitle BCoast Guard

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

(a) Prohibiting sexual harassment; report.—

(1) NOTIFICATION.—

(A) IN GENERAL.—The Commandant of the Coast Guard shall notify the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on August 26, 2018, if there is not in effect a general order or regulation prohibiting sexual harassment by members of the Coast Guard and clearly stating that a violation of such order or regulation is punishable in accordance with the Uniform Code of Military Justice.

(B) CONTENTS.—The notification required under subparagraph (A) shall include—

(i) details regarding the status of the drafting of such general order or regulation;

(ii) a projected implementation timeline for such general order or regulation; and

(iii) an explanation regarding any barriers to implementation.

(2) REPORT.—Section 217 of the Coast Guard Authorization Act of 2010 (Public Law 111–281; 124 Stat. 2917) is amended—

(A) in subsection (a), by inserting “and incidents of sexual harassment” after “sexual assaults”; and

(B) in subsection (b)—

(i) in paragraph (1), by inserting “and incidents of sexual harassment” after “sexual assault” each place it appears;2

(ii) in paragraph (3), by inserting “and sexual harassment” after “sexual assault”; and

(iii) in paragraph (4), by inserting “and sexual harassment” after “sexual assault”.

(b) Annual performance report.—

(1) IN GENERAL.—Chapter 29 of title 14, United States Code, is amended by adding at the end the following:

§ 2905. Annual performance report

“Not later than the date on which the President submits to Congress a budget pursuant to section 1105 of title 31, the Commandant of the Coast Guard shall make available on a public website and submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate an update on Coast Guard mission performance during the previous fiscal year.”.

(2) CLERICAL AMENDMENT.—The analysis at the beginning of such chapter is amended by adding at the end the following:


“2905. Annual performance report.”.

SEC. 3522. Preliminary development and demonstration.

Section 573 of title 14, United States Code, is amended—

(1) in subsection (b)(3), by—

(A) striking “require that safety concerns identified” and inserting “ensure that independent third parties and Government employees that identify safety concerns”; and

(B) striking “Coast Guard shall be communicated as” and inserting “Coast Guard communicate such concerns as;”

(2) in subsection (b)(4), by striking “Any safety concerns that have been reported to the Chief Acquisition Officer for an acquisition program or project shall be reported by the Commandant” and inserting “The Commandant shall ensure that any safety concerns that have been communicated under paragraph (3) for an acquisition program or project are reported”;

(3) in subsection (b)(5)—

(A) by striking the matter preceding subparagraph (A) and inserting the following:

“(5) ASSET ALREADY IN LOW, INITIAL, OR FULL-RATE PRODUCTION.—The Commandant shall ensure that if an independent third party or a Government employee identifies a safety concern with a capability or asset or any subsystems of a capability or asset not previously identified during operational test and evaluation of a capability or asset already in low, initial, or full-rate production—”;

(B) in subparagraph (A), by inserting “the Commandant, through the Assistant Commandant for Capability, shall” before “notify”; and

(C) in subparagraph (B), by striking “notify the Chief Acquisition Officer and include in such notification” and inserting “the Deputy Commandant for Mission Support shall notify the Commandant and the Deputy Commandant for Operations of the safety concern within 50 days after the notification required under subparagraph (A), and include in such notification”; and

(4) in subsection (c)—

(A) in paragraph (2)(A), by striking “and that are delivered after the date of enactment of the Coast Guard Authorization Act of 2010”; and

(B) in paragraph (5), by striking “and delivered after the date of enactment of the Coast Guard Authorization Act of 2010”.

SEC. 3523. Contract termination.

(a) In general.—Chapter 17 of title 14, United States Code, is amended by inserting after section 656 the following:

§ 657. Contract termination

“(a) In general.—

“(1) NOTIFICATION.—Before terminating a procurement or acquisition contract with a total value of more than $1,000,000, the Commandant of the Coast Guard shall notify each vendor under such contract and require the vendor to maintain all work product related to the contract until the earlier of—

“(A) not less than 1 year after the date of the notification; or

“(B) the date the Commandant notifies the vendor that maintenance of such work product is no longer required.

“(b) Work product defined.—In this section the term ‘work product’—

“(1) means tangible and intangible items and information produced or possessed as a result of a contract referred to in subsection (a); and

“(2) includes—

“(A) any completed end items;

“(B) any uncompleted end items; and

“(C) any property in the contractor’s possession in which the United States Government has an interest.

“(c) Penalty.—A vendor that fails to maintain work product as required under subsection (a) is liable to the United States for a civil penalty of not more than $25,000 for each day on which such work product is unavailable.

“(d) Report.—Not later than 45 days after the end of each fiscal year, the Commandant of the Coast Guard shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report detailing—

“(1) all Coast Guard contracts with a total value of more than $1,000,000 that were terminated in the fiscal year;

“(2) all vendors who were notified under subsection (a)(1) in the fiscal year, and the date of such notification;

“(3) all criminal, administrative, and other investigations regarding any contract with a total value of more than $1,000,000 that were initiated by the Coast Guard in the fiscal year;

“(4) all criminal, administrative, and other investigations regarding contracts with a total value of more than $1,000,000 that were completed by the Coast Guard in the fiscal year; and

“(5) an estimate of costs incurred by the Coast Guard, including contract line items and termination costs, as a result of the requirements of this section.”.

(b) Clerical amendment.—The analysis at the beginning of such chapter is amended by inserting after the item relating to section 656 the following:


“657. Contract termination. ”.

SEC. 3524. Reimbursement for travel expenses.

The text of section 518 of title 14, United States Code is amended to read as follows:

“In any case in which a covered beneficiary (as defined in section 1072(5) of title 10) resides on an island that is located in the 48 contiguous States and the District of Columbia and that lacks public access roads to the mainland, the Secretary shall reimburse the reasonable travel expenses of the covered beneficiary and, when accompaniment by an adult is necessary, for a parent or guardian of the covered beneficiary or another member of the covered beneficiary's family who is at least 21 years of age, if—

“(1) the covered beneficiary is referred by a primary care physician to a specialty care provider (as defined in section 1074i(b) of title 10) on the mainland who provides services less than 100 miles from the location where the beneficiary resides; or

“(2) the Coast Guard medical regional manager for the area in which such island is located determines that the covered beneficiary requires services of a primary care, specialty care, or dental provider and such a provider who is part of the network of providers of a TRICARE program (as that term is defined in section 1072(7) of title 10) does not practice on such island.”.

SEC. 3525. Capital investment plan.

Section 2902(a) of title 14, United States Code, is amended—

(1) by striking “On the date” and inserting “Not later than 60 days after the date”;

(2) in paragraph (1)(D), by striking “and”; and

(3) by inserting after paragraph (1)(E) the following:

SEC. 3526. Major acquisition program risk assessment.

(a) In general.—Chapter 29 of title 14, United States Code, as amended by section 3521(b)(1) of this Act, is further amended by adding at the end the following:

§ 2906. Major acquisition program risk assessment

“(a) In general.—Not later than April 15 and October 15 of each year, the Commandant of the Coast Guard shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a briefing regarding a current assessment of the risks associated with all current major acquisition programs, as that term is defined in section 2903(f).

“(b) Elements.—Each assessment under this subsection shall include, for each current major acquisition program, discussion of the following:

“(1) The top five current risks to such program.

“(2) Any failure of such program to demonstrate a key performance parameter or threshold during operational test and evaluation conducted during the 2 fiscal-year quarters preceding such assessment.

“(3) Whether there has been any decision in such 2 fiscal-year quarters to order full-rate production before all key performance parameters or thresholds are met.

“(4) Whether there has been any breach of major acquisition program cost (as defined by the Major Systems Acquisition Manual) in such 2 fiscal-year quarters.

“(5) Whether there has been any breach of major acquisition program schedule (as so defined) during such 2 fiscal-year quarters.”.

(b) Clerical amendment.—The analysis at the beginning of such chapter is further amended by adding at the end the following:


“2906. Major acquisition program risk assessment.”.

(c) Conforming amendments.—Section 2903 of title 14, United States Code, is amended—

(1) by striking subsection (f); and

(2) by redesignating subsection (g) as subsection (f).

SEC. 3527. Marine safety implementation status.

On the date on which the President submits to Congress a budget for fiscal year 2020 under section 1105 of title 31, and on such date for each of the 2 subsequent years, the Commandant of the Coast Guard shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the status of implementation of each action outlined in the Commandant’s final action memo dated December 19, 2017.

SEC. 3528. Retirement of Vice Commandant.

(a) In general.—Section 46 of title 14, United States Code, is amended—

(1) in the section heading, by inserting “or Vice Commandant” after “Commandant”;

(2) by redesignating subsection (a) as subsection (a)(1);

(3) by adding at the end of subsection (a) the following:

“(2) A Vice Commandant who is not reappointed or appointed Commandant shall be retired with the grade of admiral at the expiration of the appointed term, except as provided in section 51(d).”;

(4) in subsections (b) and (c), by inserting “or Vice Commandant” after “Commandant” each place it appears; and

(5) in subsection (c), by striking “his” and inserting “the officer’s”.

(b) Conforming amendment.—Section 51 of title 14, United States Code, is amended by striking “other than the Commandant,” each place it appears and inserting “other than the Commandant or Vice Commandant,”.

(c) Clerical amendment.—The analysis at the beginning of chapter 3 of title 14, United States Code, is amended by striking the item relating to section 46 and inserting the following:


“46. Retirement of Commandant or Vice Commandant.”.

SEC. 3529. Large commercial yacht code.

The Secretary of the department in which the Coast Guard is operating, acting through the Commandant of the Coast Guard, shall develop a Large Commercial Yacht code for recreational vessels over 300 gross tons as measured under section 14502 of title 46, United States Code, or an alternate tonnage measured under section 14302 of such title (as prescribed by the Secretary under section 14104 of such title), that is comparable to the Code of Safe Practice for Large Commercial Yachts (commonly referred to as the “Large Commercial Yacht Code”), as published by the Maritime and Coast Guard of the United Kingdom. The Secretary shall complete such code by no later than one year after the date of the enactment of this Act.

subtitle CCoast Guard and Shipping Technical Corrections

CHAPTER 1COAST GUARD

SEC. 3531. Commandant defined.

(a) In general.—Chapter 1 of title 14, United States Code, is amended by adding at the end the following:

§ 5. Commandant defined

“In this title, the term ‘Commandant’ means the Commandant of the Coast Guard.”.

(b) Clerical amendment.—The analysis for chapter 1 of title 14, United States Code, is amended by adding at the end the following:


“5. Commandant defined.”.

(c) Conforming amendments.—Title 14, United States Code, is amended—

(1) in section 58(a) by striking “Commandant of the Coast Guard” and inserting “Commandant”;

(2) in section 101 by striking “Commandant of the Coast Guard” and inserting “Commandant”;

(3) in section 693 by striking “Commandant of the Coast Guard” and inserting “Commandant”;

(4) in section 672a(a) by striking “Commandant of the Coast Guard” and inserting “Commandant”;

(5) in section 678(a) by striking “Commandant of the Coast Guard” and inserting “Commandant”;

(6) in section 561(a) by striking “Commandant of the Coast Guard” and inserting “Commandant”;

(7) in section 577(a) by striking “Commandant of the Coast Guard” and inserting “Commandant”;

(8) in section 581—

(A) by striking paragraph (4); and

(B) by redesignating paragraphs (5) through (12) as paragraphs (4) through (11), respectively;

(9) in section 200(a) by striking “Commandant of the Coast Guard” and inserting “Commandant”;

(10) in section 196(b)(1) by striking “Commandant of the Coast Guard” and inserting “Commandant”;

(11) in section 199 by striking “Commandant of the Coast Guard” and inserting “Commandant”;

(12) in section 429(a)(1) by striking “Commandant of the Coast Guard” and inserting “Commandant”;

(13) in section 423(a)(2) by striking “Commandant of the Coast Guard” and inserting “Commandant”;

(14) in section 2702(5) by striking “Commandant of the Coast Guard” and inserting “Commandant”;

(15) in section 2902(a) by striking “Commandant of the Coast Guard” and inserting “Commandant”; and

(16) in section 2903(f)(1) by striking “Commandant of the Coast Guard” and inserting “Commandant”.

SEC. 3532. Training course on workings of Congress.

Section 60(d) of title 14, United States Code, is amended to read as follows:

“(d) Completion of required training.—A Coast Guard flag officer who is newly appointed or assigned to a billet in the National Capital Region, and a Coast Guard Senior Executive Service employee who is newly employed in the National Capital Region, shall complete a training course that meets the requirements of this section not later than 60 days after reporting for duty.”.

SEC. 3533. Miscellaneous.

(a) Secretary; general powers.—Section 92 of title 14, United States Code, is amended by redesignating subsections (f) through (i) as subsections (e) through (h), respectively.

(b) Commandant; general powers.—Section 93(a)(21) of title 14, United States Code, is amended by striking “section 30305(a)” and inserting “section 30305(b)(7)”.

(c) Enlisted members.—

(1) DEPARTMENT OF THE ARMY AND DEPARTMENT OF THE AIR FORCE.—Section 144(b) of title 14, United States Code, is amended by striking “enlisted men” each place it appears and inserting “enlisted members”.

(2) NAVY DEPARTMENT.—Section 145(b) of title 14, United States Code, is amended by striking “enlisted men” each place it appears and inserting “enlisted members”.

(3) PURCHASE OF COMMISSARY AND QUARTERMASTER SUPPLIES.—Section 4 of the Act of May 22, 1926 (44 Stat. 626, chapter 371; 33 U.S.C. 754a), is amended by striking “enlisted men” and inserting “enlisted members”.

(d) Arctic maritime transportation.—Section 90(f) of title 14, United States Code, is amended by striking the question mark.

(e) Long-Term lease authority for lighthouse property.—Section 672a(a) of title 14, United States Code, as amended by this Act, is further amended by striking “Section 321 of chapter 314 of the Act of June 30, 1932 (40 U.S.C. 303b)” and inserting “Section 1302 of title 40”.

(f) Required contract terms.—Section 565 of title 14, United States Code, is amended—

(1) in subsection (a) by striking “awarded or issued by the Coast Guard after the date of enactment of the Coast Guard Authorization Act of 2010”; and

(2) in subsection (b)(1) by striking “after the date of enactment of the Coast Guard Authorization Act of 2010”.

(g) Acquisition program baseline breach.—Section 575(c) of title 14, United States Code, is amended by striking “certification, with a supporting explanation, that” and inserting “determination, with a supporting explanation, of whether”.

(h) Enlistments; term, grade.—Section 351(a) of title 14, United States Code, is amended by inserting “the duration of their” before “minority”.

(i) Members of the Auxiliary; status.—Section 823a(b)(9) of title 14, United States Code, is amended by striking “On or after January 1, 2001, section” and inserting “Section”.

(j) Use of member's facilities.—Section 826(b) of title 14, United States Code, is amended by striking “section 154 of title 23, United States Code” and inserting “section 30102 of title 49”.

(k) Availability of appropriations.—Section 830(b) of title 14, United States Code, is amended by striking “1954” and inserting “1986”.

SEC. 3534. Department of Defense consultation.

Section 566 of title 14, United States Code, is amended—

(1) in subsection (b) by striking “enter into” and inserting “maintain”; and

(2) by striking subsection (d).

SEC. 3535. Repeal.

Section 568 of title 14, United States Code, and the item relating to that section in the analysis for chapter 15 of that title, are repealed.

SEC. 3536. Mission need statement.

Section 569 of title 14, United States Code, is—

(1) amended in subsection (a)—

(A) by striking “for fiscal year 2016” and inserting “for fiscal year 2019”; and

(B) by striking “, on the date on which the President submits to Congress a budget for fiscal year 2019 under such section,”.

SEC. 3537. Continuation on active duty.

Section 290(a) of title 14, United States Code, is amended by striking “Officers, other than the Commandant, serving” and inserting “Officers serving”.

SEC. 3538. System acquisition authorization.

(a) Requirement for prior authorization of appropriations.—Section 2701(2) of title 14, United States Code, is amended by striking “and aircraft” and inserting “aircraft, and systems”.

(b) Authorization of appropriations.—Section 2702(2) of title 14, United States Code, is amended by striking “and aircraft” and inserting “aircraft, and systems”.

SEC. 3539. Inventory of real property.

Section 679 of title 14, United States Code, is amended—

(1) in subsection (a) by striking “Not later than September 30, 2015, the Commandant shall establish” and inserting “The Commandant shall maintain”; and

(2) by striking subsection (b) and inserting the following:

“(b) Updates.—The Commandant shall update information on each unit of real property included in the inventory required under subsection (a) not later than 30 days after any change relating to the control of such property.”.

CHAPTER 2MARITIME TRANSPORTATION

SEC. 3541. Definitions.

(a) In general.—

(1) Section 2101 of title 46, United States Code, is amended—

(A) by inserting after paragraph (4) the following:

“( ) ‘Commandant’ means the Commandant of the Coast Guard.”;

(B) by striking the semicolon at the end of paragraph (14) and inserting a period; and

(C) by redesignating the paragraphs of such section in order as paragraphs (1) through (54), respectively.

(2) Section 3701 of title 46, United States Code, is amended by redesignating paragraphs (3) and (4) as paragraphs (2) and (3) respectively.

(b) Conforming amendments.—

(1) Section 114(o)(3) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1383a(o)(3)) is amended—

(A) by striking “section 2101(11a)” and inserting “section 2101(12)”; and

(B) by striking “section 2101(11b)” and inserting “section 2101(13)”.

(2) Section 3(3) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802(3)), is amended by striking “section 2101(21a)” and inserting “section 2101(30)”.

(3) Section 1992(d)(7) of title 18, United States Code, is amended by striking “section 2101(22)” and inserting “section 2101(31)”.

(4) Section 12(c) of the Fishermen’s Protective Act of 1967 (22 U.S.C. 1980b(c)) is amended by striking “section 2101(11a)” and inserting “section 2101(12)”.

(5) Section 311(a)(26)(D) of the Federal Water Pollution Control Act (33 U.S.C. 1321(a)(26)(D)) is amended by striking “section 2101(17a)” and inserting “section 2101(23)”.

(6) Section 2113(3) of title 46, United States Code, is amended by striking “section 2101(42)(A)” and inserting “section 2101(51)(A)”.

(7) Section 2116(d)(1) of title 46, United States Code, is amended by striking “Coast Guard Commandant” and inserting “Commandant”.

(8) Section 3202(a)(1)(A) of title 46, United States Code, is amended by striking “section 2101(21)(A)” and inserting “section 2101(29)(A)”.

(9) Section 3507 of title 46, United States Code, is amended—

(A) in subsection (k)(1), by striking “section 2101(22)” and inserting “section 2101(31)”; and

(B) by striking subsection (l) and inserting the following:

“(l) Definition.—In this section and section 3508, the term ‘owner’ means the owner, charterer, managing operator, master, or other individual in charge of a vessel.”.

(10) Section 4105 of title 46, United States Code, is amended—

(A) in subsection (b)(1), by striking “section 2101(42)” and inserting “section 2101(51)”; and

(B) in subsection (c), by striking “section 2101(42)(A)” and inserting “section 2101(51)(A)”.

(11) Section 6101(i)(4) of title 46, United States Code, is amended by striking “of the Coast Guard”.

(12) Section 7510(c)(1) of title 46, United States Code, is amended by striking “Commandant of the Coast Guard” and inserting “Commandant”.

(13) Section 7706(a) of title 46, United States Code, is amended by striking “of the Coast Guard”.

(14) Section 8108(a)(1) of title 46, United States Code, is amended by striking “of the Coast Guard”.

(15) Section 12119(a)(3) of title 46, United States Code, is amended by striking “section 2101(20)” and inserting “section 2101(26)”.

(16) Section 80302(d) of title 46, United States Code, is amended by striking “of the Coast Guard” the first place it appears.

(17) Section 1101 of title 49, United States Code, is amended by striking “Section 2101(17a)” and inserting “Section 2101(23)”.

SEC. 3542. Authority to exempt vessels.

(a) In general.—Section 2113 of title 46, United States Code, is amended—

(1) by adding “and” after the semicolon at the end of paragraph (3); and

(2) by striking paragraphs (4) and (5) and inserting the following:

“(4) maintain different structural fire protection, manning, operating, and equipment requirements for vessels that satisfied requirements set forth in the Passenger Vessel Safety Act of 1993 (Public Law 103–206) before June 21, 1994.”.

(b) Conforming amendments.—Section 3306(i) of title 46, United States Code, is amended by striking “section 2113(5)” and inserting “section 2113(4)”.

SEC. 3543. Passenger vessels.

(a) Section 3507 of title 46, United States Code, is amended—

(1) by striking subsection (a)(3);

(2) in subsection (e)(2), by striking “services confidential” and inserting “services as confidential”; and

(3) in subsection (i), by striking “Within 6 months after the date of enactment of the Cruise Vessel Security and Safety Act of 2010, the Secretary shall issue” and insert “The Secretary shall maintain”.

(b) Section 3508 of title 46, United States Code, is amended—

(1) in subsection (a), by striking “Within 1 year after the date of enactment of the Cruise Vessel Security and Safety Act of 2010, the” and inserting “The”, and by striking “develop” and inserting “maintain”;

(2) in subsection (c), by striking “Beginning 2 years after the standards are established under subsection (b), no” and inserting “No”;

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

(4) in subsection (e), as redesignated by paragraph (3), by striking “subsection (e)” each place it appears and inserting “subsection (d)”.

SEC. 3544. Tank vessels.

(a) Section 3703a of title 46, United States Code, is amended—

(1) in subsection (b), by striking paragraph (3) and redesignating paragraphs (4), (5), and (6) as paragraphs (3), (4), and (5), respectively;

(2) in subsection (c)(2)—

(A) by striking “that is delivered” and inserting “that was delivered”;

(B) by striking “that qualifies” and inserting “that qualified”; and

(C) by striking “after January 1, 2015,”;

(3) in subsection (c)(3)—

(A) by striking “that is delivered” and inserting “that was delivered”; and

(B) by striking “that qualifies” and inserting “that qualified”;

(4) by striking subsection (c)(3)(A) and inserting the following:

“(A) in the case of a vessel of at least 5,000 gross tons but less than 15,000 gross tons as measured under section 14502, or an alternate tonnage measured under section 14302 as prescribed by the Secretary under section 14104, if the vessel is 25 years old or older and has a single hull, or is 30 years old or older and has a double bottom or double sides;”;

(5) by striking subsection (c)(3)(B) and inserting the following:

“(B) in the case of a vessel of at least 15,000 gross tons but less than 30,000 gross tons as measured under section 14502, or an alternate tonnage measured under section 14302 as prescribed by the Secretary under section 14104, if the vessel is 25 years old or older and has a single hull, or is 30 years old or older and has a double bottom or double sides; and”;

(6) by striking subsection (c)(3)(C) and inserting the following:

“(C) in the case of a vessel of at least 30,000 gross tons as measured under section 14502, or an alternate tonnage measured under section 14302 as prescribed by the Secretary under section 14104, if the vessel is 23 years old or older and has a single hull, or is 28 years old or older and has a double bottom or double sides.”; and

(7) in subsection (e)—

(A) in paragraph (1), by striking “and except as otherwise provided in paragraphs (2) and (3) of this subsection”; and

(B) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2).

(b) Section 3705 of title 46, United States Code, is amended—

(1) in subsection (b)—

(A) by striking paragraph (2);

(B) by striking “(1)”; and

(C) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively; and

(2) in subsection (c), by striking “before January 2, 1986, or the date on which the tanker reaches 15 years of age, whichever is later”.

(c) Section 3706(d) of title 46, United States Code, is amended by striking “before January 2, 1986, or the date on which it reaches 15 years of age, whichever is later”.

(d) Section 1001(32)(A) of the Oil Pollution Act of 1990 (33 U.S.C. 2701(32)(A)) is amended by striking “(other than a vessel described in section 3703a(b)(3) of title 46, United States Code)”.

SEC. 3545. Grounds for denial or revocation.

(a) Section 7503 of title 46, United States Code, is amended to read as follows:

§ 7503. Dangerous drugs as grounds for denial

“A license, certificate of registry, or merchant mariner's document authorized to be issued under this part may be denied to an individual who—

“(1) within 10 years before applying for the license, certificate, or document, has been convicted of violating a dangerous drug law of the United States or of a State; or

“(2) when applying, has ever been a user of, or addicted to, a dangerous drug unless the individual provides satisfactory proof that the individual is cured.”.

(b) Section 7704 of title 46, United States Code, is amended by redesignating subsections (b) and (c) as subsections (a) and (b), respectively.

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

(a) Section 2110 of title 46, United States Code, is amended by striking subsection (k).

(b) Section 2116(c) of title 46, United States Code, is amended by striking “Beginning with fiscal year 2011 and each fiscal year thereafter, the” and inserting “The”.

(c) Section 3302(g)(2) of title 46, United States Code, is amended by striking “After December 31, 1988, this” and inserting “This”.

(d) Section 6101(j) of title 46, United States Code, is amended by striking “, as soon as possible, and no later than January 1, 2005,”.

(e) Section 7505 of title 46, United States Code, is amended by striking “section 206(b)(7) of the National Driver Register Act of 1982 (23 U.S.C. 401 note)” and inserting “section 30305(b)(7) of title 49”.

(f) Section 7702(c)(1) of title 46, United States Code, is amended by striking “section 206(b)(4) of the National Driver Register Act of 1982 (23 U.S.C. 401 note)” and inserting “section 30305(b)(7) of title 49”.

(g) Section 8106(f) of title 46, United States Code, is amended by striking paragraph (3) and inserting the following:

“(3) CONTINUING VIOLATIONS.—The maximum amount of a civil penalty for a violation under this subsection shall be $100,000.”.

(h) Section 8703 of title 46, United States Code, is amended by redesignating subsection (c) as subsection (b).

(i) Section 11113 of title 46, United States Code, is amended—

(1) in subsection (a)(4)(A) by striking “paragraph (2)” and inserting “paragraph (3)”; and

(2) in subsection (c)(2)(B)—

(A) by striking “section 2(9)(a)” and inserting “section 2(a)(9)(A)”; and

(B) by striking “33 U.S.C. 1901(9)(a)” and inserting “33 U.S.C. 1901(a)(9)(A)”.

(j) Section 12113(d)(2)(C)(iii) of title 46, United States Code, is amended by striking “118 Stat. 2887)” and inserting “118 Stat. 2887))”.

(k) Section 13107(c)(2) of title 46, United States Code, is amended by striking “On and after October 1, 2016, no” and inserting “No”.

(l) Section 31322(a)(4)(B) of title 46, United States Code, is amended by striking “state” and inserting “State”.

(m) Section 52101(d) of title 46, United States Code, is amended by striking “(50 App. U.S.C. 459(a))” and inserting “(50 U.S.C. 3808(a))”.

(n) The analysis for chapter 531 of title 46, United States Code, is amended by striking the item relating to section 53109:

(o) Section 53106(a)(1) of title 46, United States Code, is amended by striking subparagraphs (A), (B), (C), and (D), and by redesignating subparagraphs (E), (F), and (G) as subparagraphs (A), (B), and (C), respectively.

(p) Section 53111 of title 46, United States Code, is amended by striking paragraphs (1) through (4), and by redesignating paragraphs (5), (6), and (7) as paragraphs (1), (2), and (3), respectively.

(q) Section 53501 of title 46, United States Code, is amended—

(1) in paragraph (5)(A)(iii), by striking “transportation trade trade or” and inserting “transportation trade or”;

(2) by redesignating paragraph (8) as paragraph (9);

(3) by striking the second paragraph (7) (relating to the definition of “United States foreign trade”); and

(4) by inserting after the first paragraph (7) the following:

“(8) UNITED STATES FOREIGN TRADE.—The term ‘United States foreign trade’ includes those areas in domestic trade in which a vessel built with a construction-differential subsidy is allowed to operate under the first sentence of section 506 of the Merchant Marine Act, 1936.”.

(r) Section 54101(f) of title 46, United States Code, is amended by striking paragraph (2) and inserting the following:

“(2) MINIMUM STANDARDS FOR PAYMENT OR REIMBURSEMENT.—Each application submitted under paragraph (1) shall include a comprehensive description of—

“(A) the need for the project;

“(B) the methodology for implementing the project; and

“(C) any existing programs or arrangements that can be used to supplement or leverage assistance under the program.”.

(s) Section 55305(d)(2)(D) of title 46, United States Code, is amended by striking “421(c)(1)” and inserting “1303(a)(1))”.

(t) The analysis for chapter 575 of title 46, United States Code, is amended in the item relating to section 57533 by adding a period at the end.

(u) Section 57532(d) of title 46, United States Code, is amended by striking “(50 App. U.S.C. 1291(a), (c), 1293(c), 1294)” and inserting “(50 U.S.C. 4701(a), (c), 4703(c), and 4704)”.

(v) Section 60303(c) of title 46, United States Code, is amended in by striking “Subsection (a) section does” and inserting “Subsection (a) does”.

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

(a) Section 2 of the Oil Pollution Act of 1990 (33 U.S.C. 2701 note) is amended by—

(1) inserting after the item relating to section 5007 the following:


“Sec. 5008. North Pacific Marine Research Institute.”.

(2) striking the item relating to section 6003.

(b) Section 1003(d)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2703(d)(5)) is amended by inserting “section” before “1002(a)”.

(c) Section 1004(d)(2)(C) of the Oil Pollution Act of 1990 (33 U.S.C. 2704(d)(2)(C)) is amended by striking “under this subparagraph (A)” and inserting “under subparagraph (A)”.

(d) Section 4303 of the Oil Pollution Act of 1990 (33 U.S.C. 2716a) is amended—

(1) in subsection (a), by striking “subsection (c)(2)” and inserting “subsection (b)(2)”; and

(2) in subsection (b), by striking “this section 1016” and inserting “section 1016”.

(e) Section 5002(l)(2) of the Oil Pollution Act of 1990 (33 U.S.C. 2732(l)(2)) is amended by striking “General Accounting Office” and inserting “Government Accountability Office”.

SEC. 3548. Miscellaneous corrections.

(a) Section 1 of the Act of June 15, 1917 (chapter 30; 50 U.S.C. 191), is amended by striking “the Secretary of the Treasury” and inserting “the Secretary of the department in which the Coast Guard is operating”.

(b) Section 5(b) of the Act entitled “An Act to regulate the construction of bridges over navigable waters”, approved March 23, 1906, popularly known as the Bridge Act of 1906 (chapter 1130; 33 U.S.C. 495(b)), is amended by striking “$5,000 for a violation occurring in 2004; $10,000 for a violation occurring in 2005; $15,000 for a violation occurring in 2006; $20,000 for a violation occurring in 2007; and”.

(c) Section 5(f) of the Act to Prevent Pollution from Ships (33 U.S.C. 1904(f)) is amended to read as follows:

“(f) Ship clearance; refusal or revocation.—If a ship is under a detention order under this section, the Secretary may refuse or revoke the clearance required by section 60105 of title 46, United States Code.”.

SEC. 3549. Modification of boundaries of White Sands National Monument and White Sands Missile Range.

(a) Definitions.—In this section:

(1) MISSILE RANGE.—The term “missile range” means the White Sands Missile Range, New Mexico, administered by the Secretary of the Army.

(2) MONUMENT.—The term “monument” means the White Sands National Monument, New Mexico, established by Presidential Proclamation No. 2025 (16 U.S.C. 431 note), dated January 18, 1933, and administered by the Secretary.

(3) PUBLIC LAND ORDER.—The term “Public Land Order” means Public Land Order 833, dated May 21, 1952 (17 Fed. Reg. 4822).

(4) SECRETARY.—The term “Secretary” means the Secretary of the Interior.

(5) MILITARY MUNITIONS.—The term “military munitions” has the meaning given the term in section 101(e)(4) of title 10, United States Code.

(6) MUNITIONS DEBRIS.—The term “munitions debris” means remnants of military munitions remaining after munitions use, demilitarization, or disposal.

(b) Transfers of administrative jurisdiction.—

(1) TRANSFER OF ADMINISTRATIVE JURISDICTION TO THE SECRETARY.—

(A) IN GENERAL.—Administrative jurisdiction over the land described in subparagraph (B) is transferred from the Secretary of the Army to the Secretary.

(B) DESCRIPTION OF LAND.—The land referred to in subparagraph (A) is the land generally depicted as “Transfer DOA to NPS (National Park Service)” on the map titled “White Sands National Monument (WHSA) & White Sands Missile Range (WSMR) New Proposed White Sands National Monument Boundary”, created April 20, 2018, comprising—

(i) approximately 2,826 acres of land within the monument that is under the jurisdiction of the Secretary of the Army; and

(ii) approximately 5,766 acres of land within the missile range that is abutting the monument.

(2) TRANSFER OF ADMINISTRATIVE JURISDICTION TO THE SECRETARY OF THE ARMY.—

(A) IN GENERAL.—Administrative jurisdiction over the land described in subparagraph (B) is transferred from the Secretary to the Secretary of the Army.

(B) DESCRIPTION OF LAND.—The land referred to in subparagraph (A) is the approximately 3,737 acres of land within the monument abutting the missile range, as generally depicted on the map described in paragraph (1)(B) as “Transfer NPS to DOA (Department of the Army)”.

(c) Boundary modifications.—

(1) MONUMENT.—

(A) IN GENERAL.—Following transfers in subsection (b), the boundary of the monument is modified as generally depicted as “New Proposed WHSA Boundary” on the map described in subsection (b)(1)(B).

(B) MAP.—

(i) IN GENERAL.—The Secretary, in coordination with the Secretary of the Army, shall prepare and keep on file for public inspection a map and legal description depicting the revised boundary of the monument.

(ii) EFFECT.—The map and legal description shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the legal description and map.

(2) MISSILE RANGE.—The Public Land Order is modified to exclude the land transferred to the Secretary under subsection (b)(1) and to include the land transferred to the Secretary of the Army under subsection (b)(1).

(3) CONFORMING AMENDMENT.—Section 2854 of Public Law 104–201 (54 U.S.C. 320301 note) is repealed.

(d) Administration.—

(1) MONUMENT.—The Secretary shall administer the land transferred under subsection (b)(1) in accordance with laws (including regulations) applicable to the monument.

(2) MISSILE RANGE.—Subject to paragraph (3), the Secretary of the Army shall administer the land transferred to the Secretary of the Army under subsection (b)(2) as part of the missile range.

(3) FENCE.—

(A) IN GENERAL.—The Secretary of the Army shall continue to allow the Secretary to maintain the fence shown on the map described in subsection (b)(1)(B) until such time as the Secretary determines that the fence is unnecessary for the management of the monument.

(B) REMOVAL.—If the Secretary determines that the fence is unnecessary for the management of the monument under subparagraph (A), the Secretary shall promptly remove the fence at the expense of the Department of the Interior.

(4) MILITARY MUNITIONS AND MUNITIONS DEBRIS.—

(A) RESPONSE ACTION.—With respect to any Federal liability, the Secretary of the Army shall remain responsible for any response action addressing military munitions or munitions debris on the land transferred under subsection (b)(1) to the same extent as on the day before the date of enactment of this Act.

(B) ACCESS.—At the request of the Secretary and subject to available appropriations, the Secretary of the Army shall have access to the land transferred under subsection (b)(1) for the purposes of conducting investigations of military munitions or munitions debris on the transferred land.

(C) APPLICABLE LAW.—Any activities undertaken under this subsection shall be carried out in accordance with the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).

DIVISION DCoast Guard Authorization Act of 2017

SEC. 4001. Short title.

This division may be cited as the “Coast Guard Authorization Act of 2017 ”.

SEC. 4002. Table of contents.

The table of contents for this division is the following:


Sec. 4001. Short title.

Sec. 4002. Table of contents.

TITLE XLI—REORGANIZATION OF TITLE 14, UNITED STATES CODE


Sec. 4101. Initial matter.

Sec. 4102. Subtitle I.

Sec. 4103. Chapter 1.

Sec. 4104. Chapter 3.

Sec. 4105. Chapter 5.

Sec. 4106. Chapter 7.

Sec. 4107. Chapter 9.

Sec. 4108. Chapter 11.

Sec. 4109. Subtitle II.

Sec. 4110. Chapter 19.

Sec. 4111. Part II.

Sec. 4112. Chapter 21.

Sec. 4113. Chapter 23.

Sec. 4114. Chapter 25.

Sec. 4115. Part III.

Sec. 4116. Chapter 27.

Sec. 4117. Chapter 29.

Sec. 4118. Subtitle III and chapter 37.

Sec. 4119. Chapter 39.

Sec. 4120. Chapter 41.

Sec. 4121. Subtitle IV and chapter 49.

Sec. 4122. Chapter 51.

Sec. 4123. References.

Sec. 4124. Rule of construction.

TITLE XLII—AUTHORIZATIONS


Sec. 4201. Amendments to title 14, United States Code, as amended by title XLI of this division.

Sec. 4202. Authorizations of appropriations.

Sec. 4203. Authorized levels of military strength and training.

Sec. 4204. Authorization of amounts for Fast Response Cutters.

Sec. 4205. Authorization of amounts for shoreside infrastructure.

Sec. 4206. Authorization of amounts for aircraft improvements.

TITLE XLIII—COAST GUARD


Sec. 4301. Amendments to title 14, United States Code, as amended by title XLI of this division.

Sec. 4302. Primary duties.

Sec. 4303. National Coast Guard Museum.

Sec. 4304. Unmanned aircraft.

Sec. 4305. Coast Guard health-care professionals; licensure portability.

Sec. 4306. Training; emergency response providers.

Sec. 4307. Incentive contracts for Coast Guard yard and industrial establishments.

Sec. 4308. Confidential investigative expenses.

Sec. 4309. Regular captains; retirement.

Sec. 4310. Conversion, alteration, and repair projects.

Sec. 4311. Contracting for major acquisitions programs.

Sec. 4312. Officer promotion zones.

Sec. 4313. Cross reference.

Sec. 4314. Commissioned service retirement.

Sec. 4315. Leave for birth or adoption of child.

Sec. 4316. Clothing at time of discharge.

Sec. 4317. Unfunded priorities list.

Sec. 4318. Safety of vessels of the Armed Forces.

Sec. 4319. Protecting against unmanned aircraft.

Sec. 4320. Air facilities.

TITLE XLIV—PORTS AND WATERWAYS SAFETY


Sec. 4401. Codification of Ports and Waterways Safety Act.

Sec. 4402. Conforming amendments.

Sec. 4403. Transitional and savings provisions.

Sec. 4404. Rule of construction.

Sec. 4405. Advisory committee: repeal.

Sec. 4406. Regattas and marine parades.

Sec. 4407. Regulation of vessels in territorial waters of United States.

Sec. 4408. Port, harbor, and coastal facility security.

TITLE XLV—MARITIME TRANSPORTATION SAFETY


Sec. 4501. Consistency in marine inspections.

Sec. 4502. Uninspected passenger vessels in St. Louis County, Minnesota.

Sec. 4503. Engine cut-off switch requirements.

Sec. 4504. Exception from survival craft requirements.

Sec. 4505. Safety standards.

Sec. 4506. Fishing safety grants.

Sec. 4507. Fishing, fish tender, and fish processing vessel certification.

Sec. 4508. Deadline for compliance with alternate safety compliance program.

Sec. 4509. Termination of unsafe operations; technical correction.

Sec. 4510. Technical corrections: Licenses, certificates of registry, and merchant mariner documents.

Sec. 4511. Clarification of logbook entries.

Sec. 4512. Certificates of documentation for recreational vessels.

Sec. 4513. Numbering for undocumented barges.

Sec. 4514. Backup global positioning system.

Sec. 4515. Scientific personnel.

Sec. 4516. Transparency.

TITLE XLVI—ADVISORY COMMITTEES


Sec. 4601. National maritime transportation advisory committees.

Sec. 4602. Maritime Security Advisory Committees.

TITLE XLVII—FEDERAL MARITIME COMMISSION


Sec. 4701. Short title.

Sec. 4702. Authorization of appropriations.

Sec. 4703. Reporting on impact of alliances on competition.

Sec. 4704. Definition of certain covered services.

Sec. 4705. Reports filed with the Commission.

Sec. 4706. Public participation.

Sec. 4707. Ocean transportation intermediaries.

Sec. 4708. Common carriers.

Sec. 4709. Negotiations.

Sec. 4710. Injunctive relief sought by the Commission.

Sec. 4711. Discussions.

Sec. 4712. Transparency.

Sec. 4713. Study of bankruptcy preparation and response.

Sec. 4714. Agreements unaffected.

TITLE XLVIII—MISCELLANEOUS


Sec. 4801. Repeal of obsolete reporting requirement.

Sec. 4802. Corrections to provisions enacted by Coast Guard Authorization Acts.

Sec. 4803. Officer evaluation report.

Sec. 4804. Extension of authority.

Sec. 4805. Coast Guard ROTC program.

Sec. 4806. Currency detection canine team program.

Sec. 4807. Center of expertise for Great Lakes oil spill search and response.

Sec. 4808. Public safety answering points and maritime search and rescue coordination.

Sec. 4809. Ship shoal lighthouse transfer: repeal.

Sec. 4810. Land exchange, Ayakulik Island, Alaska.

Sec. 4811. Use of Tract 43.

Sec. 4812. Coast Guard maritime domain awareness.

Sec. 4813. Monitoring.

Sec. 4814. Reimbursements for non-Federal construction costs of certain aids to navigation.

Sec. 4815. Towing safety management system fees.

Sec. 4816. Oil spill disbursements auditing and report.

Sec. 4817. Fleet requirements assessment and strategy.

Sec. 4818. National Security Cutter.

Sec. 4819. Acquisition plan for inland waterway and river tenders and bay-class icebreakers.

Sec. 4820. Great Lakes icebreaker acquisition.

Sec. 4821. Polar icebreakers.

Sec. 4822. Strategic assets in the Arctic.

Sec. 4823. Arctic planning criteria.

Sec. 4824. Vessel response plan audit.

Sec. 4825. Waters deemed not navigable waters of the United States for certain purposes.

Sec. 4826. Documentation of recreational vessels.

Sec. 4827. Equipment requirements; exemption from throwable personal flotation devices requirement.

Sec. 4828. Visual distress signals and alternative use.

Sec. 4829. Radar refresher training.

Sec. 4830. Commercial fishing vessel safety national communications plan.

Sec. 4831. Authorization for marine debris program.

Sec. 4832. Atlantic Coast port access route study recommendations.

Sec. 4833. Drawbridges.

Sec. 4834. Waiver.

Sec. 4835. Vessel waiver.

Sec. 4836. Temporary limitations.

Sec. 4837. Transfer of Coast Guard property in Jupiter Island, Florida, for inclusion in Hobe Sound National Wildlife Refuge.

Sec. 4838. Emergency response.

Sec. 4839. Drawbridges consultation.

TITLE XLIReorganization of title 14, United States Code

SEC. 4101. Initial matter.

Title 14, United States Code, is amended by striking the title designation, the title heading, and the table of parts at the beginning and inserting the following:

“TITLE 14COAST GUARD




SEC. 4102. Subtitle I.

Part I of title 14, United States Code, is amended by striking the part designation, the part heading, and the table of chapters at the beginning and inserting the following:

“subtitle IEstablishment, Powers, Duties, and Administration




SEC. 4103. Chapter 1.

(a) Initial matter.—Chapter 1 of title 14, United States Code, is amended by striking the chapter designation, the chapter heading, and the table of sections at the beginning and inserting the following:

“CHAPTER 1ESTABLISHMENT AND DUTIES


“Sec.

“101. Establishment of Coast Guard.

“102. Primary duties.

“103. Department in which the Coast Guard operates.

“104. Removing restrictions.

“105. Secretary defined.”.

(b) Redesignations and transfers.—

(1) REQUIREMENT.—The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended—

(A) by redesignating the sections as described in the table; and

(B) by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 1 of such title (as added by subsection (a)), in the order in which the sections are presented in the table.

(2) TABLE.—The table referred to in paragraph (1) is the following:


Title 14 section number before redesignation Section heading (provided for identification purposes only-not amended) Title 14 section number after redesignation
1 Establishment of Coast Guard 101
2 Primary duties 102
3 Department in which the Coast Guard operates 103
652 Removing restrictions 104
4 Secretary defined 105

SEC. 4104. Chapter 3.

(a) Initial matter.—Chapter 3 of title 14, United States Code, is amended by striking the chapter designation, the chapter heading, and the table of sections at the beginning and inserting the following:

“CHAPTER 3COMPOSITION AND ORGANIZATION


“Sec.

“301. Grades and ratings.

“302. Commandant; appointment.

“303. Retirement of Commandant.

“304. Vice Commandant; appointment.

“305. Vice admirals.

“306. Retirement.

“307. Vice admirals and admiral, continuity of grade.

“308. Chief Acquisition Officer.

“309. Office of the Coast Guard Reserve; Director.

“310. Chief of Staff to President: appointment.

“311. Captains of the port.

“312. Prevention and response workforces.

“313. Centers of expertise for Coast Guard prevention and response.

“314. Marine industry training program.

“315. Training course on workings of Congress.

“316. National Coast Guard Museum.

“317. United States Coast Guard Band; composition; director.

“318. Environmental Compliance and Restoration Program.”.

(b) Redesignations and transfers.—

(1) REQUIREMENT.—The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended—

(A) by redesignating the sections as described in the table; and

(B) by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 3 of such title (as added by subsection (a)), in the order in which the sections are presented in the table.

(2) TABLE.—The table referred to in paragraph (1) is the following:


Title 14 section number before redesignation Section heading (provided for identification purposes only-not amended) Title 14 section number after redesignation
41 Grades and ratings 301
44 Commandant; appointment 302
46 Retirement of Commandant 303
47 Vice Commandant; appointment 304
50 Vice admirals 305
51 Retirement 306
52 Vice admirals and admiral, continuity of grade 307
56 Chief Acquisition Officer 308
53 Office of the Coast Guard Reserve; Director 309
54 Chief of Staff to President: appointment 310
57 Prevention and response workforces 312
58 Centers of expertise for Coast Guard prevention and response 313
59 Marine industry training program 314
60 Training course on workings of Congress 315
98 National Coast Guard Museum 316
336 United States Coast Guard Band; composition; director 317

(c) Additional changes.—

(1) IN GENERAL.—Chapter 3 of title 14, United States Code, is further amended—

(A) by inserting after section 310 (as so redesignated and transferred under subsection (b)) the following:

§ 311. Captains of the port

“Any officer, including any petty officer, may be designated by the Commandant as captain of the port or ports or adjacent high seas or waters over which the United States has jurisdiction, as the Commandant deems necessary to facilitate execution of Coast Guard duties.”; and

(B) by inserting after section 317 (as so redesignated and transferred under subsection (b)) the following:

§ 318. Environmental Compliance and Restoration Program

“(a) Definitions.—For the purposes of this section—

“(1) ‘environment’, ‘facility’, ‘person’, ‘release’, ‘removal’, ‘remedial’, and ‘response’ have the same meaning they have in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601);

“(2) ‘hazardous substance’ has the same meaning it has in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601), except that it also includes the meaning given ‘oil’ in section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321); and

“(3) ‘pollutant’ has the same meaning it has in section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362).

“(b) Program.—

“(1) The Secretary shall carry out a program of environmental compliance and restoration at current and former Coast Guard facilities.

“(2) Program goals include:

“(A) Identifying, investigating, and cleaning up contamination from hazardous substances and pollutants.

“(B) Correcting other environmental damage that poses an imminent and substantial danger to the public health or welfare or to the environment.

“(C) Demolishing and removing unsafe buildings and structures, including buildings and structures at former Coast Guard facilities.

“(D) Preventing contamination from hazardous substances and pollutants at current Coast Guard facilities.

“(3) (A) The Secretary shall respond to releases of hazardous substances and pollutants—

“(i) at each Coast Guard facility the United States owns, leases, or otherwise possesses;

“(ii) at each Coast Guard facility the United States owned, leased, or otherwise possessed when the actions leading to contamination from hazardous substances or pollutants occurred; and

“(iii) on each vessel the Coast Guard owns or operates.

“(B) Subparagraph (A) of this paragraph does not apply to a removal or remedial action when a potentially responsible person responds under section 122 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9622).

“(C) The Secretary shall pay a fee or charge imposed by a State authority for permit services for disposing of hazardous substances or pollutants from Coast Guard facilities to the same extent that nongovernmental entities are required to pay for permit services. This subparagraph does not apply to a payment that is the responsibility of a lessee, contractor, or other private person.

“(4) The Secretary may agree with another Federal agency for that agency to assist in carrying out the Secretary's responsibilities under this section. The Secretary may enter into contracts, cooperative agreements, and grant agreements with State and local governments to assist in carrying out the Secretary's responsibilities under this section. Services that may be obtained under this paragraph include identifying, investigating, and cleaning up off-site contamination that may have resulted from the release of a hazardous substance or pollutant at a Coast Guard facility.

“(5) Section 119 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9619) applies to response action contractors that carry out response actions under this section. The Coast Guard shall indemnify response action contractors to the extent that adequate insurance is not generally available at a fair price at the time the contractor enters into the contract to cover the contractor's reasonable, potential, long-term liability.

“(c) Environmental Compliance and Restoration Account.—

“(1) There is established for the Coast Guard an account known as the Coast Guard Environmental Compliance and Restoration Account. All sums appropriated to carry out the Coast Guard's environmental compliance and restoration functions under this section or another law shall be credited or transferred to the account and remain available until expended.

“(2) Funds may be obligated or expended from the account to carry out the Coast Guard's environmental compliance and restoration functions under this section or another law.

“(3) In proposing the budget for any fiscal year under section 1105 of title 31, the President shall set forth separately the amount requested for the Coast Guard's environmental compliance and restoration activities under this section or another law.

“(4) Amounts recovered under section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9607) for the Secretary's response actions at current and former Coast Guard facilities shall be credited to the account.

“(d) Annual list of projects to Congress.—The Commandant of the Coast Guard shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a prioritized list of projects eligible for environmental compliance and restoration funding for each fiscal year concurrent with the President's budget submission for that fiscal year.”.

(2) CONFORMING REPEALS.—Sections 634, 690, 691, 692, and 693 of title 14, United States Code, are repealed.

SEC. 4105. Chapter 5.

(a) Initial matter.—Chapter 5 of title 14, United States Code, is amended by striking the chapter designation, the chapter heading, and the table of sections at the beginning and inserting the following:

“CHAPTER 5FUNCTIONS AND POWERS

“SUBCHAPTER I—GENERAL POWERS

“Sec.

“501. Secretary; general powers.

“502. Delegation of powers by the Secretary.

“503. Regulations.

“504. Commandant; general powers.

“505. Functions and powers vested in the Commandant.

“506. Prospective payment of funds necessary to provide medical care.

“507. Appointment of judges.

“SUBCHAPTER II—LIFE SAVING AND LAW ENFORCEMENT AUTHORITIES

“521. Saving life and property.

“522. Law enforcement.

“523. Enforcement authority.

“524. Enforcement of coastwise trade laws.

“525. Special agents of the Coast Guard Investigative Service law enforcement authority.

“526. Stopping vessels; indemnity for firing at or into vessel.

“527. Safety of naval vessels.

“SUBCHAPTER III—AIDS TO NAVIGATION

“541. Aids to navigation authorized.

“542. Unauthorized aids to maritime navigation; penalty.

“543. Interference with aids to navigation; penalty.

“544. Aids to maritime navigation; penalty.

“545. Marking of obstructions.

“546. Deposit of damage payments.

“547. Rewards for apprehension of persons interfering with aids to navigation.

“SUBCHAPTER IV—MISCELLANEOUS

“561. Icebreaking in polar regions.

“562. Appeals and waivers.

“563. Notification of certain determinations.”.

(b) Redesignations and transfers.—

(1) REQUIREMENT.—The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended—

(A) by redesignating the sections as described in the table; and

(B) by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 5 of such title (as added by subsection (a)), in the order in which the sections are presented in the table.

(2) TABLE.—The table referred to in paragraph (1) is the following:


Title 14 section number before redesignation Section heading (provided for identification purposes only-not amended) Title 14 section number after redesignation
92 Secretary; general powers 501
631 Delegation of powers by the Secretary 502
633 Regulations 503
93 Commandant; general powers 504
632 Functions and powers vested in the Commandant 505
520 Prospective payment of funds necessary to provide medical care 506
153 Appointment of judges 507
88 Saving life and property 521
89 Law enforcement 522
99 Enforcement authority 523
100 Enforcement of coastwise trade laws 524
95 Special agents of the Coast Guard Investigative Service law enforcement authority 525
637 Stopping vessels; indemnity for firing at or into vessel 526
91 Safety of naval vessels 527
81 Aids to navigation authorized 541
83 Unauthorized aids to maritime navigation; penalty 542
84 Interference with aids to navigation; penalty 543
85 Aids to maritime navigation; penalty 544
86 Marking of obstructions 545
642 Deposit of damage payments 546
643 Rewards for apprehension of persons interfering with aids to navigation 547
87 Icebreaking in polar regions 561
101 Appeals and waivers 562
103 Notification of certain determinations 563

(c) Additional changes.—Chapter 5 of title 14, United States Code, is further amended—

(1) by inserting before section 501 (as so redesignated and transferred under subsection (b)) the following:

“SUBCHAPTER IGENERAL POWERS

(2) by inserting before section 521 (as so redesignated and transferred under subsection (b)) the following:

“SUBCHAPTER IILIFE SAVING AND LAW ENFORCEMENT AUTHORITIES

(3) by inserting before section 541 (as so redesignated and transferred under subsection (b)) the following:

“SUBCHAPTER IIIAIDS TO NAVIGATION

and

(4) by inserting before section 561 (as so redesignated and transferred under subsection (b)) the following:

“SUBCHAPTER IVMISCELLANEOUS

SEC. 4106. Chapter 7.

(a) Initial matter.—Chapter 7 of title 14, United States Code, is amended by striking the chapter designation, the chapter heading, and the table of sections at the beginning and inserting the following:

“CHAPTER 7COOPERATION


“Sec.

“701. Cooperation with other agencies, States, territories, and political subdivisions.

“702. State Department.

“703. Treasury Department.

“704. Department of the Army and Department of the Air Force.

“705. Navy Department.

“706. United States Postal Service.

“707. Department of Commerce.

“708. Department of Health and Human Services.

“709. Maritime instruction.

“710. Assistance to foreign governments and maritime authorities.

“711. Coast Guard officers as attachés to missions.

“712. Contracts with Government-owned establishments for work and material.

“713. Nonappropriated fund instrumentalities: contracts with other agencies and instrumentalities to provide or obtain goods and services.

“714. Arctic maritime domain awareness.

“715. Oceanographic research.

“716. Arctic maritime transportation.

“717. Agreements.”.

(b) Redesignations and transfers.—

(1) REQUIREMENT.—The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended—

(A) by redesignating the sections as described in the table; and

(B) by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 7 of such title (as added by subsection (a)), in the order in which the sections are presented in the table.

(2) TABLE.—The table referred to in paragraph (1) is the following:


Title 14 section number before redesignation Section heading (provided for identification purposes only-not amended) Title 14 section number after redesignation
141 Cooperation with other agencies, States, territories, and political subdivisions 701
142 State Department 702
143 Treasury Department 703
144 Department of the Army and Department of the Air Force 704
145 Navy Department 705
146 United States Postal Service 706
147 Department of Commerce 707
147a Department of Health and Human Services 708
148 Maritime instruction 709
149 Assistance to foreign governments and maritime authorities 710
150 Coast Guard officers as attachés to missions 711
151 Contracts with Government-owned establishments for work and material 712
152 Nonappropriated fund instrumentalities: contracts with other agencies and instrumentalities to provide or obtain goods and services 713
154 Arctic maritime domain awareness 714
94 Oceanographic research 715
90 Arctic maritime transportation 716
102 Agreements 717

SEC. 4107. Chapter 9.

(a) Initial matter.—Chapter 9 of title 14, United States Code, is amended by striking the chapter designation, the chapter heading, and the table of sections at the beginning and inserting the following:

“CHAPTER 9ADMINISTRATION

“SUBCHAPTER I—REAL AND PERSONAL PROPERTY

“Sec.

“901. Disposal of certain material.

“902. Employment of draftsmen and engineers.

“903. Use of certain appropriated funds.

“904. Local hire.

“905. Procurement authority for family housing.

“906. Air Station Cape Cod Improvements.

“907. Long-term lease of special purpose facilities.

“908. Long-term lease authority for lighthouse property.

“909. Small boat station rescue capability.

“910. Small boat station closures.

“911. Search and rescue center standards.

“912. Air facility closures.

“913. Turnkey selection procedures.

“914. Disposition of infrastructure related to E–LORAN.

“SUBCHAPTER II—MISCELLANEOUS

“931. Oaths required for boards.

“932. Administration of oaths.

“933. Coast Guard ensigns and pennants.

“934. Penalty for unauthorized use of words .‘Coast Guard”.’.

“935. Coast Guard band recordings for commercial sale.

“936. Confidentiality of medical quality assurance records; qualified immunity for participants.

“937. Admiralty claims against the United States.

“938. Claims for damage to property of the United States.

“939. Accounting for industrial work.

“940. Supplies and equipment from stock.

“941. Coast Guard Supply Fund.

“942. Public and commercial vessels and other watercraft; sale of fuel, supplies, and services.

“943. Arms and ammunition; immunity from taxation.

“944. Confidential investigative expenses.

“945. Assistance to film producers.

“946. User fees.

“947. Vessel construction bonding requirements.

“948. Contracts for medical care for retirees, dependents, and survivors: alternative delivery of health care.

“949. Telephone installation and charges.

“950. Designation, powers, and accountability of deputy disbursing officials.

“951. Aircraft accident investigations.”.

(b) Redesignations and transfers.—

(1) REQUIREMENT.—The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended—

(A) by redesignating the sections as described in the table; and

(B) by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 9 of such title (as added by subsection (a)), in the order in which the sections are presented in the table.

(2) TABLE.—The table referred to in paragraph (1) is the following:


Title 14 section number before redesignation Section heading (provided for identification purposes only-not amended) Title 14 section number after redesignation
641 Disposal of certain material 901
653 Employment of draftsmen and engineers 902
656 Use of certain appropriated funds 903
666 Local hire 904
670 Procurement authority for family housing 905
671 Air Station Cape Cod Improvements 906
672 Long-term lease of special purpose facilities 907
672a Long-term lease authority for lighthouse property 908
674 Small boat station rescue capability 909
675 Small boat station closures 910
676 Search and rescue center standards 911
676a Air facility closures 912
677 Turnkey selection procedures 913
681 Disposition of infrastructure related to E–LORAN 914
635 Oaths required for boards 931
636 Administration of oaths 932
638 Coast Guard ensigns and pennants 933
639 Penalty for unauthorized use of words “Coast Guard” 934
640 Coast Guard band recordings for commercial sale 935
645 Confidentiality of medical quality assurance records; qualified immunity for participants 936
646 Admiralty claims against the United States 937
647 Claims for damage to property of the United States 938
648 Accounting for industrial work 939
649 Supplies and equipment from stock 940
650 Coast Guard Supply Fund 941
654 Public and commercial vessels and other watercraft; sale of fuel, supplies, and services 942
655 Arms and ammunition; immunity from taxation 943
658 Confidential investigative expenses 944
659 Assistance to film producers 945
664 User fees 946
667 Vessel construction bonding requirements 947
668 Contracts for medical care for retirees, dependents, and survivors: alternative delivery of health care 948
669 Telephone installation and charges 949
673 Designation, powers, and accountability of deputy disbursing officials 950
678 Aircraft accident investigations 951

(c) Additional changes.—Chapter 9 of title 14, United States Code, is further amended—

(1) by inserting before section 901 (as so redesignated and transferred under subsection (b)) the following:

“SUBCHAPTER IREAL AND PERSONAL PROPERTY

and

(2) by inserting before section 931 (as so redesignated and transferred under subsection (b)) the following:

“SUBCHAPTER IIMISCELLANEOUS

SEC. 4108. Chapter 11.

(a) Initial matter.—Chapter 11 of title 14, United States Code, is amended by striking the chapter designation, the chapter heading, and the table of sections at the beginning and inserting the following:

“CHAPTER 11ACQUISITIONS

“SUBCHAPTER I—GENERAL PROVISIONS

“Sec.

“1101. Acquisition directorate.

“1102. Improvements in Coast Guard acquisition management.

“1103. Role of Vice Commandant in major acquisition programs.

“1104. Recognition of Coast Guard personnel for excellence in acquisition.

“1105. Prohibition on use of lead systems integrators.

“1106. Required contract terms.

“1107. Extension of major acquisition program contracts.

“1108. Department of Defense consultation.

“1109. Undefinitized contractual actions.

“1110. Guidance on excessive pass-through charges.

“1111. Mission need statement.

“SUBCHAPTER II—IMPROVED ACQUISITION PROCESS AND PROCEDURES

“1131. Identification of major system acquisitions.

“1132. Acquisition.

“1133. Preliminary development and demonstration.

“1134. Acquisition, production, deployment, and support.

“1135. Acquisition program baseline breach.

“1136. Acquisition approval authority.

“SUBCHAPTER III—PROCUREMENT

“1151. Restriction on construction of vessels in foreign shipyards.

“1152. Advance procurement funding.

“1153. Prohibition on overhaul, repair, and maintenance of Coast Guard vessels in foreign shipyards.

“1154. Procurement of buoy chain.

“SUBCHAPTER IV—DEFINITIONS

“1171. Definitions.”.

(b) Redesignations and transfers.—

(1) REQUIREMENT.—The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended—

(A) by redesignating the sections as described in the table; and

(B) by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 11 of such title (as added by subsection (a)), in the order in which the sections are presented in the table.

(2) TABLE.—The table referred to in paragraph (1) is the following:


Title 14 section number before redesignation Section heading (provided for identification purposes only-not amended) Title 14 section number after redesignation
561 Acquisition directorate 1101
562 Improvements in Coast Guard acquisition management 1102
578 Role of Vice Commandant in major acquisition programs 1103
563 Recognition of Coast Guard personnel for excellence in acquisition 1104
564 Prohibition on use of lead systems integrators 1105
565 Required contract terms 1106
579 Extension of major acquisition program contracts 1107
566 Department of Defense consultation 1108
567 Undefinitized contractual actions 1109
568 Guidance on excessive pass-through charges 1110
569 Mission need statement 1111
571 Identification of major system acquisitions 1131
572 Acquisition 1132
573 Preliminary development and demonstration 1133
574 Acquisition, production, deployment, and support 1134
575 Acquisition program baseline breach 1135
576 Acquisition approval authority 1136
665 Restriction on construction of vessels in foreign shipyards 1151
577 Advance procurement funding 1152
96 Prohibition on overhaul, repair, and maintenance of Coast Guard vessels in foreign shipyards 1153
97 Procurement of buoy chain 1154
581 Definitions 1171

(c) Additional changes.—Chapter 11 of title 14, United States Code, is further amended—

(1) by striking all subdivision designations and headings in such chapter, except for—

(A) the chapter designation and heading added by subsection (a);

(B) the subchapter designations and headings added by this subsection; and

(C) any designation or heading of a section or a subdivision of a section;

(2) by inserting before section 1101 (as so redesignated and transferred under subsection (b)) the following:

“SUBCHAPTER IGENERAL PROVISIONS

(3) by inserting before section 1131 (as so redesignated and transferred under subsection (b)) the following:

“SUBCHAPTER IIIMPROVED ACQUISITION PROCESS AND PROCEDURES

(4) by inserting before section 1151 (as so redesignated and transferred under subsection (b)) the following:

“SUBCHAPTER IIIPROCUREMENT

and

(5) by inserting before section 1171 (as so redesignated and transferred under subsection (b)) the following:

“SUBCHAPTER IVDEFINITIONS

SEC. 4109. Subtitle II.

(a) Initial matter.—Title 14, United States Code, is further amended by inserting after chapter 11 (as amended by section 4108 of this title) the following:

“subtitle IIPersonnel




(b) Reserved chapter numbers.—

(1) CHAPTER 13.—Chapter 13 of title 14, United States Code, is amended by striking the chapter designation, the chapter heading, and the table of sections at the beginning.

(2) CHAPTER 14.—Chapter 14 of title 14, United States Code, is amended—

(A) by striking the chapter designation, the chapter heading, and the table of sections at the beginning; and

(B) by striking the subchapter designation and the subchapter heading for each of the subchapters of such chapter.

(3) CHAPTER 15.—Chapter 15 of title 14, United States Code, is amended—

(A) by striking the chapter designation, the chapter heading, and the table of sections at the beginning; and

(B) by striking the subchapter designation and the subchapter heading for each of the subchapters of such chapter.

(4) CHAPTER 17.—Chapter 17 of title 14, United States Code, is amended by striking the chapter designation, the chapter heading, and the table of sections at the beginning.

(5) CHAPTER 18.—Chapter 18 of title 14, United States Code, is amended by striking the chapter designation, the chapter heading, and the table of sections at the beginning.

SEC. 4110. Chapter 19.

(a) Initial matter.—Chapter 19 of title 14, United States Code, is amended by striking the chapter designation, the chapter heading, and the table of sections at the beginning and inserting the following:

“CHAPTER 19COAST GUARD ACADEMY

“SUBCHAPTER I—ADMINISTRATION

“Sec.

“1901. Administration of Academy.

“1902. Policy on sexual harassment and sexual violence.

“1903. Annual Board of Visitors.

“1904. Participation in Federal, State, or other educational research grants.

“SUBCHAPTER II—CADETS

“1921. Corps of Cadets authorized strength.

“1922. Appointments.

“1923. Admission of foreign nationals for instruction; restrictions; conditions.

“1924. Conduct.

“1925. Agreement.

“1926. Cadet applicants; preappointment travel to Academy.

“1927. Cadets; initial clothing allowance.

“1928. Cadets; degree of bachelor of science.

“1929. Cadets; appointment as ensign.

“1930. Cadets: charges and fees for attendance; limitation.

“SUBCHAPTER III—FACULTY

“1941. Civilian teaching staff.

“1942. Permanent commissioned teaching staff; composition.

“1943. Appointment of permanent commissioned teaching staff.

“1944. Grade of permanent commissioned teaching staff.

“1945. Retirement of permanent commissioned teaching staff.

“1946. Credit for service as member of civilian teaching staff.

“1947. Assignment of personnel as instructors.

“1948. Marine safety curriculum.”.

(b) Redesignations and transfers.—

(1) REQUIREMENT.—The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended—

(A) by redesignating the sections as described in the table; and

(B) by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 19 of such title (as added by subsection (a)), in the order in which the sections are presented in the table.

(2) TABLE.—The table referred to in paragraph (1) is the following:


Title 14 section number before redesignation Section heading (provided for identification purposes only-not amended) Title 14 section number after redesignation
181 Administration of Academy 1901
200 Policy on sexual harassment and sexual violence 1902
194 Annual Board of Visitors 1903
196 Participation in Federal, State, or other educational research grants 1904
195 Admission of foreign nationals for instruction; restrictions; conditions 1923
181a Cadet applicants; preappointment travel to Academy 1926
183 Cadets; initial clothing allowance 1927
184 Cadets; degree of bachelor of science 1928
185 Cadets; appointment as ensign 1929
197 Cadets: charges and fees for attendance; limitation 1930
186 Civilian teaching staff 1941
187 Permanent commissioned teaching staff; composition 1942
188 Appointment of permanent commissioned teaching staff 1943
189 Grade of permanent commissioned teaching staff 1944
190 Retirement of permanent commissioned teaching staff 1945
191 Credit for service as member of civilian teaching staff 1946
192 Assignment of personnel as instructors 1947
199 Marine safety curriculum 1948

(c) Additional changes.—

(1) IN GENERAL.—Chapter 19 of title 14, United States Code, is further amended—

(A) by inserting before section 1901 (as so redesignated and transferred under subsection (b)) the following:

“SUBCHAPTER IADMINISTRATION

(B) by inserting before section 1923 (as so redesignated and transferred under subsection (b)) the following:

“SUBCHAPTER IICADETS

§ 1921. Corps of Cadets authorized strength

“The number of cadets appointed annually to the Academy shall be as determined by the Secretary but the number appointed in any one year shall not exceed six hundred.

§ 1922. Appointments

“Appointments to cadetships shall be made under regulations prescribed by the Secretary, who shall determine age limits, methods of selection of applicants, term of service as a cadet before graduation, and all other matters affecting such appointments. In the administration of this section, the Secretary shall take such action as may be necessary and appropriate to insure that female individuals shall be eligible for appointment and admission to the Coast Guard Academy, and that the relevant standards required for appointment, admission, training, graduation, and commissioning of female individuals shall be the same as those required for male individuals, except for those minimum essential adjustments in such standards required because of physiological differences between male and female individuals.”;

(C) by inserting before section 1926 (as so redesignated and transferred under subsection (b)) the following:

§ 1924. Conduct

“The Secretary may summarily dismiss from the Coast Guard any cadet who, during his cadetship, is found unsatisfactory in either studies or conduct, or may be deemed not adapted for a career in the Coast Guard. Cadets shall be subject to rules governing discipline prescribed by the Commandant.

§ 1925. Agreement

“(a) Each cadet shall sign an agreement with respect to the cadet's length of service in the Coast Guard. The agreement shall provide that the cadet agrees to the following:

“(1) That the cadet will complete the course of instruction at the Coast Guard Academy.

“(2) That upon graduation from the Coast Guard Academy the cadet—

“(A) will accept an appointment, if tendered, as a commissioned officer of the Coast Guard; and

“(B) will serve on active duty for at least five years immediately after such appointment.

“(3) That if an appointment described in paragraph (2) is not tendered or if the cadet is permitted to resign as a regular officer before the completion of the commissioned service obligation of the cadet, the cadet—

“(A) will accept an appointment as a commissioned officer in the Coast Guard Reserve; and

“(B) will remain in that reserve component until completion of the commissioned service obligation of the cadet.

“(b) (1) The Secretary may transfer to the Coast Guard Reserve, and may order to active duty for such period of time as the Secretary prescribes (but not to exceed four years), a cadet who breaches an agreement under subsection (a). The period of time for which a cadet is ordered to active duty under this paragraph may be determined without regard to section 651(a) of title 10.

“(2) A cadet who is transferred to the Coast Guard Reserve under paragraph (1) shall be transferred in an appropriate enlisted grade or rating, as determined by the Secretary.

“(3) For the purposes of paragraph (1), a cadet shall be considered to have breached an agreement under subsection (a) if the cadet is separated from the Coast Guard Academy under circumstances which the Secretary determines constitute a breach by the cadet of the cadet's agreement to complete the course of instruction at the Coast Guard Academy and accept an appointment as a commissioned officer upon graduation from the Coast Guard Academy.

“(c) The Secretary shall prescribe regulations to carry out this section. Those regulations shall include—

“(1) standards for determining what constitutes, for the purpose of subsection (b), a breach of an agreement under subsection (a);

“(2) procedures for determining whether such a breach has occurred; and

“(3) standards for determining the period of time for which a person may be ordered to serve on active duty under subsection (b).

“(d) In this section, ‘commissioned service obligation’, with respect to an officer who is a graduate of the Academy, means the period beginning on the date of the officer's appointment as a commissioned officer and ending on the sixth anniversary of such appointment or, at the discretion of the Secretary, any later date up to the eighth anniversary of such appointment.

“(e) (1) This section does not apply to a cadet who is not a citizen or national of the United States.

“(2) In the case of a cadet who is a minor and who has parents or a guardian, the cadet may sign the agreement required by subsection (a) only with the consent of the parent or guardian.

“(f) A cadet or former cadet who does not fulfill the terms of the obligation to serve as specified under section (a), or the alternative obligation imposed under subsection (b), shall be subject to the repayment provisions of section 303a(e) of title 37.”; and

(D) by inserting before section 1941 (as so redesignated and transferred under subsection (b)) the following:

“SUBCHAPTER IIIFACULTY

(2) CONFORMING REPEAL.—Section 182 of title 14, United States Code, is repealed.

SEC. 4111. Part II.

Part II of title 14, United States Code, is amended by striking the part designation, the part heading, and the table of chapters at the beginning.

SEC. 4112. Chapter 21.

(a) Initial matter.—Chapter 21 of title 14, United States Code, is amended by striking the chapter designation, the chapter heading, and the table of sections at the beginning and inserting the following:

“CHAPTER 21PERSONNEL; OFFICERS

“SUBCHAPTER I—APPOINTMENT AND PROMOTION

“Sec.

“2101. Original appointment of permanent commissioned officers.

“2102. Active duty promotion list.

“2103. Number and distribution of commissioned officers on active duty promotion list.

“2104. Appointment of temporary officers.

“2105. Rank of warrant officers.

“2106. Selection boards; convening of boards.

“2107. Selection boards; composition of boards.

“2108. Selection boards; notice of convening; communication with board.

“2109. Selection boards; oath of members.

“2110. Number of officers to be selected for promotion.

“2111. Promotion zones.

“2112. Promotion year; defined.

“2113. Eligibility of officers for consideration for promotion.

“2114. United States Deputy Marshals in Alaska.

“2115. Selection boards; information to be furnished boards.

“2116. Officers to be recommended for promotion.

“2117. Selection boards; reports.

“2118. Selection boards; submission of reports.

“2119. Failure of selection for promotion.

“2120. Special selection boards; correction of errors.

“2121. Promotions; appointments.

“2122. Removal of officer from list of selectees for promotion.

“2123. Promotions; acceptance; oath of office.

“2124. Promotions; pay and allowances.

“2125. Wartime temporary service promotions.

“2126. Promotion of officers not included on active duty promotion list.

“2127. Recall to active duty during war or national emergency.

“2128. Recall to active duty with consent of officer.

“2129. Aviation cadets; appointment as Reserve officers.

“SUBCHAPTER II—DISCHARGES; RETIREMENTS; REVOCATION OF COMMISSIONS; SEPARATION FOR CAUSE

“2141. Revocation of commissions during first five years of commissioned service.

“2142. Regular lieutenants (junior grade); separation for failure of selection for promotion.

“2143. Regular lieutenants; separation for failure of selection for promotion; continuation.

“2144. Regular Coast Guard; officers serving under temporary appointments.

“2145. Regular lieutenant commanders and commanders; retirement for failure of selection for promotion.

“2146. Discharge in lieu of retirement; separation pay.

“2147. Regular warrant officers: separation pay.

“2148. Separation for failure of selection for promotion or continuation; time of.

“2149. Regular captains; retirement.

“2150. Captains; continuation on active duty; involuntary retirement.

“2151. Rear admirals and rear admirals (lower half); continuation on active duty; involuntary retirement.

“2152. Voluntary retirement after twenty years' service.

“2153. Voluntary retirement after thirty years' service.

“2154. Compulsory retirement.

“2155. Retirement for physical disability after selection for promotion; grade in which retired.

“2156. Deferment of retirement or separation for medical reasons.

“2157. Flag officers.

“2158. Review of records of officers.

“2159. Boards of inquiry.

“2160. Boards of review.

“2161. Composition of boards.

“2162. Rights and procedures.

“2163. Removal of officer from active duty; action by Secretary.

“2164. Officers considered for removal; retirement or discharge; separation benefits.

“2165. Relief of retired officer promoted while on active duty.

“SUBCHAPTER III—GENERAL PROVISIONS

“2181. Physical fitness of officers.

“2182. Multirater assessment of certain personnel.”.

(b) Redesignations and transfers.—

(1) REQUIREMENT.—The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended—

(A) by redesignating the sections as described in the table; and

(B) by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 21 of such title (as added by subsection (a)), in the order in which the sections are presented in the table.

(2) TABLE.—The table referred to in paragraph (1) is the following:


Title 14 section number before redesignation Section heading (provided for identification purposes only-not amended) Title 14 section number after redesignation
211 Original appointment of permanent commissioned officers 2101
41a Active duty promotion list 2102
42 Number and distribution of commissioned officers on active duty promotion list 2103
214 Appointment of temporary officers 2104
215 Rank of warrant officers 2105
251 Selection boards; convening of boards 2106
252 Selection boards; composition of boards 2107
253 Selection boards; notice of convening; communication with board 2108
254 Selection boards; oath of members 2109
255 Number of officers to be selected for promotion 2110
256 Promotion zones 2111
256a Promotion year; defined 2112
257 Eligibility of officers for consideration for promotion 2113
258 Selection boards; information to be furnished boards 2115
259 Officers to be recommended for promotion 2116
260 Selection boards; reports 2117
261 Selection boards; submission of reports 2118
262 Failure of selection for promotion 2119
263 Special selection boards; correction of errors 2120
271 Promotions; appointments 2121
272 Removal of officer from list of selectees for promotion 2122
273 Promotions; acceptance; oath of office 2123
274 Promotions; pay and allowances 2124
275 Wartime temporary service promotions 2125
276 Promotion of officers not included on active duty promotion list 2126
331 Recall to active duty during war or national emergency 2127
332 Recall to active duty with consent of officer 2128
373 Aviation cadets; appointment as Reserve officers 2129
281 Revocation of commissions during first five years of commissioned service 2141
282 Regular lieutenants (junior grade); separation for failure of selection for promotion 2142
283 Regular lieutenants; separation for failure of selection for promotion; continuation 2143
284 Regular Coast Guard; officers serving under temporary appointments 2144
285 Regular lieutenant commanders and commanders; retirement for failure of selection for promotion 2145
286 Discharge in lieu of retirement; separation pay 2146
286a Regular warrant officers: separation pay 2147
287 Separation for failure of selection for promotion or continuation; time of 2148
288 Regular captains; retirement 2149
289 Captains; continuation on active duty; involuntary retirement 2150
290 Rear admirals and rear admirals (lower half); continuation on active duty; involuntary retirement 2151
291 Voluntary retirement after twenty years' service 2152
292 Voluntary retirement after thirty years' service 2153
293 Compulsory retirement 2154
294 Retirement for physical disability after selection for promotion; grade in which retired 2155
295 Deferment of retirement or separation for medical reasons 2156
296 Flag officers 2157
321 Review of records of officers 2158
322 Boards of inquiry 2159
323 Boards of review 2160
324 Composition of boards 2161
325 Rights and procedures 2162
326 Removal of officer from active duty; action by Secretary 2163
327 Officers considered for removal; retirement or discharge; separation benefits 2164
333 Relief of retired officer promoted while on active duty 2165
335 Physical fitness of officers 2181
429 Multirater assessment of certain personnel 2182

(c) Additional changes.—Chapter 21 of title 14, United States Code, is further amended—

(1) by striking all subchapter designations and headings in such chapter, except for the subchapter designations and headings added by this subsection;

(2) by inserting before section 2101 (as so redesignated and transferred under subsection (b)) the following:

“SUBCHAPTER IAPPOINTMENT AND PROMOTION

(3) by inserting before section 2115 (as so redesignated and transferred under subsection (b)) the following:

§ 2114. United States Deputy Marshals in Alaska

“Commissioned officers may be appointed as United States Deputy Marshals in Alaska.”;

(4) by inserting before section 2141 (as so redesignated and transferred under subsection (b)) the following:

“SUBCHAPTER IIDISCHARGES; RETIREMENTS; REVOCATION OF COMMISSIONS; SEPARATION FOR CAUSE

and

(5) by inserting before section 2181 (as so redesignated and transferred under subsection (b)) the following:

“SUBCHAPTER IIIGENERAL PROVISIONS

SEC. 4113. Chapter 23.

(a) Initial matter.—Chapter 23 of title 14, United States Code, is amended by striking the chapter designation, the chapter heading, and the table of sections at the beginning and inserting the following:

“CHAPTER 23PERSONNEL; ENLISTED


“Sec.

“2301. Recruiting campaigns.

“2302. Enlistments; term, grade.

“2303. Promotion.

“2304. Compulsory retirement at age of sixty-two.

“2305. Voluntary retirement after thirty years' service.

“2306. Voluntary retirement after twenty years' service.

“2307. Retirement of enlisted members: increase in retired pay.

“2308. Recall to active duty during war or national emergency.

“2309. Recall to active duty with consent of member.

“2310. Relief of retired enlisted member promoted while on active duty.

“2311. Retirement in cases where higher grade or rating has been held.

“2312. Extension of enlistments.

“2313. Retention beyond term of enlistment in case of disability.

“2314. Detention beyond term of enlistment.

“2315. Inclusion of certain conditions in enlistment contract.

“2316. Discharge within three months before expiration of enlistment.

“2317. Aviation cadets; procurement; transfer.

“2318. Aviation cadets; benefits.

“2319. Critical skill training bonus.”.

(b) Redesignations and transfers.—

(1) REQUIREMENT.—The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended—

(A) by redesignating the sections as described in the table; and

(B) by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 23 of such title (as added by subsection (a)), in the order in which the sections are presented in the table.

(2) TABLE.—The table referred to in paragraph (1) is the following:


Title 14 section number before redesignation Section heading (provided for identification purposes only-not amended) Title 14 section number after redesignation
350 Recruiting campaigns 2301
351 Enlistments; term, grade 2302
352 Promotion 2303
353 Compulsory retirement at age of sixty-two 2304
354 Voluntary retirement after thirty years' service 2305
355 Voluntary retirement after twenty years' service 2306
357 Retirement of enlisted members: increase in retired pay 2307
359 Recall to active duty during war or national emergency 2308
360 Recall to active duty with consent of member 2309
361 Relief of retired enlisted member promoted while on active duty 2310
362 Retirement in cases where higher grade or rating has been held 2311
365 Extension of enlistments 2312
366 Retention beyond term of enlistment in case of disability 2313
367 Detention beyond term of enlistment 2314
369 Inclusion of certain conditions in enlistment contract 2315
370 Discharge within three months before expiration of enlistment 2316
371 Aviation cadets; procurement; transfer 2317
372 Aviation cadets; benefits 2318
374 Critical skill training bonus 2319

SEC. 4114. Chapter 25.

(a) Initial matter.—Chapter 25 of title 14, United States Code, is amended by striking the chapter designation, the chapter heading, and the table of sections at the beginning and inserting the following:

“CHAPTER 25PERSONNEL; GENERAL PROVISIONS

“SUBCHAPTER I—GENERAL PROVISIONS

“Sec.

“2501. Grade on retirement.

“2502. Retirement.

“2503. Status of recalled personnel.

“2504. Computation of retired pay.

“2505. Limitations on retirement and retired pay.

“2506. Suspension of payment of retired pay of members who are absent from the United States to avoid prosecution.

“2507. Board for Correction of Military Records deadline.

“2508. Emergency leave retention authority.

“2509. Prohibition of certain involuntary administrative separations.

“2510. Sea service letters.

“2511. Investigations of flag officers and Senior Executive Service employees.

“2512. Leave policies for the Coast Guard.

“2513. Computation of length of service.

“SUBCHAPTER II—LIGHTHOUSE SERVICE

“2531. Personnel of former Lighthouse Service.”.

(b) Redesignations and transfers.—

(1) REQUIREMENT.—The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended—

(A) by redesignating the sections as described in the table; and

(B) by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 25 of such title (as added by subsection (a)), in the order in which the sections are presented in the table.

(2) TABLE.—The table referred to in paragraph (1) is the following:


Title 14 section number before redesignation Section heading (provided for identification purposes only-not amended) Title 14 section number after redesignation
334 Grade on retirement 2501
421 Retirement 2502
422 Status of recalled personnel 2503
423 Computation of retired pay 2504
424 Limitations on retirement and retired pay 2505
424a Suspension of payment of retired pay of members who are absent from the United States to avoid prosecution 2506
425 Board for Correction of Military Records deadline 2507
426 Emergency leave retention authority 2508
427 Prohibition of certain involuntary administrative separations 2509
428 Sea service letters 2510
430 Investigations of flag officers and Senior Executive Service employees 2511
431 Leave policies for the Coast Guard 2512
467 Computation of length of service 2513
432 Personnel of former Lighthouse Service 2531

(c) Additional changes.—Chapter 25 of title 14, United States Code, is further amended—

(1) by inserting before section 2501 (as so redesignated and transferred under subsection (b)) the following:

“SUBCHAPTER IGENERAL PROVISIONS

and

(2) by inserting before section 2531 (as so redesignated and transferred under subsection (b)) the following:

“SUBCHAPTER IILIGHTHOUSE SERVICE

SEC. 4115. Part III.

Part III of title 14, United States Code, is amended by striking the part designation, the part heading, and the table of chapters at the beginning.

SEC. 4116. Chapter 27.

(a) Initial matter.—Chapter 27 of title 14, United States Code, is amended by striking the chapter designation, the chapter heading, and the table of sections at the beginning and inserting the following:

“CHAPTER 27PAY, ALLOWANCES, AWARDS, AND OTHER RIGHTS AND BENEFITS

“SUBCHAPTER I—PERSONNEL RIGHTS AND BENEFITS

“Sec.

“2701. Procurement of personnel.

“2702. Training.

“2703. Contingent expenses.

“2704. Equipment to prevent accidents.

“2705. Clothing at time of discharge for good of service.

“2706. Right to wear uniform.

“2707. Protection of uniform.

“2708. Clothing for officers and enlisted personnel.

“2709. Procurement and sale of stores to members and civilian employees.

“2710. Disposition of effects of decedents.

“2711. Deserters; payment of expenses incident to apprehension and delivery; penalties.

“2712. Payment for the apprehension of stragglers.

“SUBCHAPTER II—AWARDS

“2731. Delegation of powers to make awards; rules and regulations.

“2732. Medal of honor.

“2733. Medal of honor: duplicate medal.

“2734. Medal of honor: presentation of Medal of Honor Flag.

“2735. Coast Guard cross.

“2736. Distinguished service medal.

“2737. Silver star medal.

“2738. Distinguished flying cross.

“2739. Coast Guard medal.

“2740. Insignia for additional awards.

“2741. Time limit on award; report concerning deed.

“2742. Honorable subsequent service as condition to award.

“2743. Posthumous awards.

“2744. Life-saving medals.

“2745. Replacement of medals.

“2746. Award of other medals.

“2747. Awards and insignia for excellence in service or conduct.

“2748. Presentation of United States flag upon retirement.

“SUBCHAPTER III—PAYMENTS

“2761. Persons discharged as result of court-martial; allowances to.

“2762. Shore patrol duty; payment of expenses.

“2763. Compensatory absence from duty for military personnel at isolated duty stations.

“2764. Monetary allowance for transportation of household effects.

“2765. Retroactive payment of pay and allowances delayed by administrative error or oversight.

“2766. Travel card management.

“2767. Reimbursement for medical-related travel expenses for certain persons residing on islands in the continental United States.

“2768. Annual audit of pay and allowances of members undergoing permanent change of station.

“2769. Remission of indebtedness.

“2770. Special instruction at universities.

“2771. Attendance at professional meetings.

“2772. Education loan repayment program.

“2773. Rations or commutation therefor in money.

“2774. Sales of ration supplies to messes.

“2775. Flight rations.

“2776. Payments at time of discharge for good of service.

“2777. Clothing for destitute shipwrecked persons.

“2778. Advancement of public funds to personnel.

“2779. Transportation to and from certain places of employment.”.

(b) Redesignations and transfers.—

(1) REQUIREMENT.—The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended—

(A) by redesignating the sections as described in the table; and

(B) by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 27 of such title (as added by subsection (a)), in the order in which the sections are presented in the table.

(2) TABLE.—The table referred to in paragraph (1) is the following:


Title 14 section number before redesignation Section heading (provided for identification purposes only-not amended) Title 14 section number after redesignation
468 Procurement of personnel 2701
469 Training 2702
476 Contingent expenses 2703
477 Equipment to prevent accidents 2704
482 Clothing at time of discharge for good of service 2705
483 Right to wear uniform 2706
484 Protection of uniform 2707
485 Clothing for officers and enlisted personnel 2708
487 Procurement and sale of stores to members and civilian employees 2709
507 Disposition of effects of decedents 2710
508 Deserters; payment of expenses incident to apprehension and delivery; penalties 2711
644 Payment for the apprehension of stragglers 2712
499 Delegation of powers to make awards; rules and regulations 2731
491 Medal of honor 2732
504 Medal of honor: duplicate medal 2733
505 Medal of honor: presentation of Medal of Honor Flag 2734
491a Coast Guard cross 2735
492 Distinguished service medal 2736
492a Silver star medal 2737
492b Distinguished flying cross 2738
493 Coast Guard medal 2739
494 Insignia for additional awards 2740
496 Time limit on award; report concerning deed 2741
497 Honorable subsequent service as condition to award 2742
498 Posthumous awards 2743
500 Life-saving medals 2744
501 Replacement of medals 2745
502 Award of other medals 2746
503 Awards and insignia for excellence in service or conduct 2747
516 Presentation of United States flag upon retirement 2748
509 Persons discharged as result of court-martial; allowances to 2761
510 Shore patrol duty; payment of expenses 2762
511 Compensatory absence from duty for military personnel at isolated duty stations 2763
512 Monetary allowance for transportation of household effects 2764
513 Retroactive payment of pay and allowances delayed by administrative error or oversight 2765
517 Travel card management 2766
518 Reimbursement for medical-related travel expenses for certain persons residing on islands in the continental United States 2767
519 Annual audit of pay and allowances of members undergoing permanent change of station 2768
461 Remission of indebtedness 2769
470 Special instruction at universities 2770
471 Attendance at professional meetings 2771
472 Education loan repayment program 2772
478 Rations or commutation therefor in money 2773
479 Sales of ration supplies to messes 2774
480 Flight rations 2775
481 Payments at time of discharge for good of service 2776
486 Clothing for destitute shipwrecked persons 2777
488 Advancement of public funds to personnel 2778
660 Transportation to and from certain places of employment 2779

(c) Additional changes.—Chapter 27 of title 14, United States Code, is further amended—

(1) by inserting before section 2701 (as so redesignated and transferred under subsection (b)) the following:

“SUBCHAPTER IPERSONNEL RIGHTS AND BENEFITS

(2) by inserting before section 2731 (as so redesignated and transferred under subsection (b)) the following:

“SUBCHAPTER IIAWARDS

and

(3) by inserting before section 2761 (as so redesignated and transferred under subsection (b)) the following:

“SUBCHAPTER IIIPAYMENTS

SEC. 4117. Chapter 29.

(a) Initial matter.—Chapter 29 of title 14, United States Code, is amended by striking the chapter designation, the chapter heading, and the table of sections at the beginning and inserting the following:

“CHAPTER 29COAST GUARD FAMILY SUPPORT, CHILD CARE, AND HOUSING

“SUBCHAPTER I—COAST GUARD FAMILIES

“Sec.

“2901. Work-life policies and programs.

“2902. Surveys of Coast Guard families.

“2903. Reimbursement for adoption expenses.

“2904. Education and training opportunities for Coast Guard spouses.

“2905. Youth sponsorship initiatives.

“2906. Dependent school children.

“SUBCHAPTER II—COAST GUARD CHILD CARE

“2921. Definitions.

“2922. Child development services.

“2923. Child development center standards and inspections.

“2924. Child development center employees.

“2925. Parent partnerships with child development centers.

“SUBCHAPTER III—HOUSING

“2941. Definitions.

“2942. General authority.

“2943. Leasing and hiring of quarters; rental of inadequate housing.

“2944. Retired service members and dependents serving on advisory committees.

“2945. Conveyance of real property.

“2946. Coast Guard Housing Fund.

“2947. Reports.”.

(b) Redesignations and transfers.—

(1) REQUIREMENT.—The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended—

(A) by redesignating the sections as described in the table; and

(B) by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 29 of such title (as added by subsection (a)), in the order in which the sections are presented in the table.

(2) TABLE.—The table referred to in paragraph (1) is the following:


Title 14 section number before redesignation Section heading (provided for identification purposes only-not amended) Title 14 section number after redesignation
531 Work-life policies and programs 2901
532 Surveys of Coast Guard families 2902
541 Reimbursement for adoption expenses 2903
542 Education and training opportunities for Coast Guard spouses 2904
543 Youth sponsorship initiatives 2905
544 Dependent school children 2906
551 Definitions 2921
552 Child development services 2922
553 Child development center standards and inspections 2923
554 Child development center employees 2924
555 Parent partnerships with child development centers 2925
680 Definitions 2941
681 General authority 2942
475 Leasing and hiring of quarters; rental of inadequate housing 2943
680 Retired service members and dependents serving on advisory committees 2944
685 Conveyance of real property 2945
687 Coast Guard Housing Fund 2946
688 Reports 2947

(c) Additional changes.—Chapter 29 of title 14, United States Code, is further amended—

(1) by inserting before section 2901 (as so redesignated and transferred under subsection (b)) the following:

“SUBCHAPTER ICOAST GUARD FAMILIES

(2) by inserting before section 2921 (as so redesignated and transferred under subsection (b)) the following:

“SUBCHAPTER IICOAST GUARD CHILD CARE

and

(3) by inserting before section 2941 (as so redesignated and transferred under subsection (b)) the following:

“SUBCHAPTER IIIHOUSING

SEC. 4118. Subtitle III and chapter 37.

(a) Initial matter.—Title 14, United States Code, is further amended by adding after chapter 29 (as amended by section 4117 of this title) the following:

“subtitle IIICoast Guard Reserve and Auxiliary




“CHAPTER 1COAST GUARD RESERVE

“SUBCHAPTER I—ADMINISTRATION

“Sec.

“3701. Organization.

“3702. Authorized strength.

“3703. Coast Guard Reserve Boards.

“3704. Grades and ratings; military authority.

“3705. Benefits.

“3706. Temporary members of the Reserve; eligibility and compensation.

“3707. Temporary members of the Reserve; disability or death benefits.

“3708. Temporary members of the Reserve; certificate of honorable service.

“3709. Reserve student aviation pilots; Reserve aviation pilots; appointments in commissioned grade.

“3710. Reserve student pre-commissioning assistance program.

“3711. Appointment or wartime promotion; retention of grade upon release from active duty.

“3712. Exclusiveness of service.

“3713. Active duty for emergency augmentation of regular forces.

“3714. Enlistment of members engaged in schooling.

“SUBCHAPTER II—PERSONNEL

“3731. Definitions.

“3732. Applicability of this subchapter.

“3733. Suspension of this subchapter in time of war or national emergency.

“3734. Effect of this subchapter on retirement and retired pay.

“3735. Authorized number of officers.

“3736. Precedence.

“3737. Running mates.

“3738. Constructive credit upon initial appointment.

“3739. Promotion of Reserve officers on active duty.

“3740. Promotion; recommendations of selection boards.

“3741. Selection boards; appointment.

“3742. Establishment of promotion zones under running mate system.

“3743. Eligibility for promotion.

“3744. Recommendation for promotion of an officer previously removed from an active status.

“3745. Qualifications for promotion.

“3746. Promotion; acceptance; oath of office.

“3747. Date of rank upon promotion; entitlement to pay.

“3748. Type of promotion; temporary.

“3749. Effect of removal by the President or failure of consent of the Senate.

“3750. Failure of selection for promotion.

“3751. Failure of selection and removal from an active status.

“3752. Retention boards; removal from an active status to provide a flow of promotion.

“3753. Maximum ages for retention in an active status.

“3754. Rear admiral and rear admiral (lower half); maximum service in grade.

“3755. Appointment of a former Navy or Coast Guard officer.

“3756. Grade on entry upon active duty.

“3757. Recall of a retired officer; grade upon release.”.

(b) Redesignations and transfers.—

(1) REQUIREMENT.—The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended—

(A) by redesignating the sections as described in the table; and

(B) by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 37 of such title (as added by subsection (a)), in the order in which the sections are presented in the table.

(2) TABLE.—The table referred to in paragraph (1) is the following:


Title 14 section number before redesignation Section heading (provided for identification purposes only-not amended) Title 14 section number after redesignation
701 Organization 3701
702 Authorized strength 3702
703 Coast Guard Reserve Boards 3703
704 Grades and ratings; military authority 3704
705 Benefits 3705
706 Temporary members of the Reserve; eligibility and compensation 3706
707 Temporary members of the Reserve; disability or death benefits 3707
708 Temporary members of the Reserve; certificate of honorable service 3708
709 Reserve student aviation pilots; Reserve aviation pilots; appointments in commissioned grade 3709
709a Reserve student pre-commissioning assistance program 3710
710 Appointment or wartime promotion; retention of grade upon release from active duty 3711
711 Exclusiveness of service 3712
712 Active duty for emergency augmentation of regular forces 3713
713 Enlistment of members engaged in schooling 3714
720 Definitions 3731
721 Applicability of this subchapter 3732
722 Suspension of this subchapter in time of war or national emergency 3733
723 Effect of this subchapter on retirement and retired pay 3734
724 Authorized number of officers 3735
725 Precedence 3736
726 Running mates 3737
727 Constructive credit upon initial appointment 3738
728 Promotion of Reserve officers on active duty 3739
729 Promotion; recommendations of selection boards 3740
730 Selection boards; appointment 3741
731 Establishment of promotion zones under running mate system 3742
732 Eligibility for promotion 3743
733 Recommendation for promotion of an officer previously removed from an active status 3744
734 Qualifications for promotion 3745
735 Promotion; acceptance; oath of office 3746
736 Date of rank upon promotion; entitlement to pay 3747
737 Type of promotion; temporary 3748
738 Effect of removal by the President or failure of consent of the Senate 3749
739 Failure of selection for promotion 3750
740 Failure of selection and removal from an active status 3751
741 Retention boards; removal from an active status to provide a flow of promotion 3752
742 Maximum ages for retention in an active status 3753
743 Rear admiral and rear admiral (lower half); maximum service in grade 3754
744 Appointment of a former Navy or Coast Guard officer 3755
745 Grade on entry upon active duty 3756
746 Recall of a retired officer; grade upon release 3757

(c) Additional changes.—Chapter 37 of title 14, United States Code, is further amended—

(1) by inserting before section 3701 (as so redesignated and transferred under subsection (b)) the following:

“SUBCHAPTER IADMINISTRATION

and

(2) by inserting before section 3731 (as so redesignated and transferred under subsection (b)) the following:

“SUBCHAPTER IIPERSONNEL

SEC. 4119. Chapter 39.

(a) Initial matter.—Title 14, United States Code, is further amended by adding after chapter 37 (as added by section 4118 of this title) the following:

“CHAPTER 39COAST GUARD AUXILIARY


“Sec.

“3901. Administration of the Coast Guard Auxiliary.

“3902. Purpose of the Coast Guard Auxiliary.

“3903. Eligibility; enrollments.

“3904. Members of the Auxiliary; status.

“3905. Disenrollment.

“3906. Membership in other organizations.

“3907. Use of member's facilities.

“3908. Vessel deemed public vessel.

“3909. Aircraft deemed public aircraft.

“3910. Radio station deemed government station.

“3911. Availability of appropriations.

“3912. Assignment and performance of duties.

“3913. Injury or death in line of duty.”.

(b) Redesignations and transfers.—

(1) REQUIREMENT.—The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended—

(A) by redesignating the sections as described in the table; and

(B) by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 39 of such title (as added by subsection (a)), in the order in which the sections are presented in the table.

(2) TABLE.—The table referred to in paragraph (1) is the following:


Title 14 section number before redesignation Section heading (provided for identification purposes only-not amended) Title 14 section number after redesignation
821 Administration of the Coast Guard Auxiliary 3901
822 Purpose of the Coast Guard Auxiliary 3902
823 Eligibility; enrollments 3903
823a Members of the Auxiliary; status 3904
824 Disenrollment 3905
825 Membership in other organizations 3906
826 Use of member's facilities 3907
827 Vessel deemed public vessel 3908
828 Aircraft deemed public aircraft 3909
829 Radio station deemed government station 3910
830 Availability of appropriations 3911
831 Assignment and performance of duties 3912
832 Injury or death in line of duty 3913

SEC. 4120. Chapter 41.

(a) Initial matter.—Title 14, United States Code, is further amended by adding after chapter 39 (as added by section 4119 of this title) the following:

“CHAPTER 41GENERAL PROVISIONS FOR COAST GUARD RESERVE AND AUXILIARY


“Sec.

“4101. Flags; pennants; uniforms and insignia.

“4102. Penalty.

“4103. Limitation on rights of members of the Auxiliary and temporary members of the Reserve.

“4104. Availability of facilities and appropriations.”.

(b) Redesignations and transfers.—

(1) REQUIREMENT.—The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended—

(A) by redesignating the sections as described in the table; and

(B) by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 41 of such title (as added by subsection (a)), in the order in which the sections are presented in the table.

(2) TABLE.—The table referred to in paragraph (1) is the following:


Title 14 section number before redesignation Section heading (provided for identification purposes only-not amended) Title 14 section number after redesignation
891 Flags; pennants; uniforms and insignia 4101
892 Penalty 4102
893 Limitation on rights of members of the Auxiliary and temporary members of the Reserve 4103
894 Availability of facilities and appropriations 4104

SEC. 4121. Subtitle IV and chapter 49.

(a) Initial matter.—Title 14, United States Code, is further amended by adding after chapter 41 (as added by section 4120 of this title) the following:

“subtitle IVCoast Guard Authorizations and Reports to Congress




“CHAPTER 49AUTHORIZATIONS


“Sec.

“4901. Requirement for prior authorization of appropriations.

“4902. Authorization of appropriations.

“4903. Authorization of personnel end strengths.

“4904. Authorized levels of military strength and training.”.

(b) Redesignations and transfers.—

(1) REQUIREMENT.—The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended—

(A) by redesignating the sections as described in the table; and

(B) by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 49 of such title (as added by subsection (a)), in the order in which the sections are presented in the table.

(2) TABLE.—The table referred to in paragraph (1) is the following:


Title 14 section number before redesignation Section heading (provided for identification purposes only-not amended) Title 14 section number after redesignation
2701 Requirement for prior authorization of appropriations 4901
2702 Authorization of appropriations 4902
2703 Authorization of personnel end strengths 4903
2704 Authorized levels of military strength and training 4904

SEC. 4122. Chapter 51.

(a) Initial matter.—Title 14, United States Code, is further amended by adding after chapter 49 (as added by section 4121 of this title) the following:

“CHAPTER 51REPORTS


“Sec.

“5101. Transmission of annual Coast Guard authorization request.

“5102. Capital investment plan.

“5103. Major acquisitions.

“5104. Manpower requirements plan.

“5105. Inventory of real property.”.

(b) Redesignations and transfers.—

(1) REQUIREMENT.—The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended—

(A) by redesignating the sections as described in the table; and

(B) by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 51 of such title (as added by subsection (a)), in the order in which the sections are presented in the table.

(2) TABLE.—The table referred to in paragraph (1) is the following:


Title 14 section number before redesignation Section heading (provided for identification purposes only-not amended) Title 14 section number after redesignation
2901 Transmission of annual Coast Guard authorization request 5101
2902 Capital investment plan 5102
2903 Major acquisitions 5103
2904 Manpower requirements plan 5104
679 Inventory of real property 5105

SEC. 4123. References.

(a) Definitions.—In this section, the following definitions apply:

(1) REDESIGNATED SECTION.—The term “redesignated section” means a section of title 14, United States Code, that is redesignated by this title, as that section is so redesignated.

(2) SOURCE SECTION.—The term “source section” means a section of title 14, United States Code, that is redesignated by this title, as that section was in effect before the redesignation.

(b) Reference to source section.—

(1) TREATMENT OF REFERENCE.—A reference to a source section, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding redesignated section.

(2) TITLE 14.—In title 14, United States Code, each reference in the text of such title to a source section is amended by striking such reference and inserting a reference to the appropriate, as determined using the tables located in this title, redesignated section.

(c) Other conforming amendments.—

(1) REFERENCE TO SECTION 182.—Section 1923(c) of title 14, United States Code, as so redesignated by this title, is further amended by striking “section 182” and inserting “section 1922”.

(2) REFERENCES TO CHAPTER 11.—Title 14, United States Code, is further amended—

(A) in section 2146(d), as so redesignated by this title, by striking “chapter 11 of this title” and inserting “this chapter”; and

(B) in section 3739, as so redesignated by this title, by striking “chapter 11” each place that it appears and inserting “chapter 21”.

(3) REFERENCE TO CHAPTER 13.—Section 3705(b) of title 14, United States Code, as so redesignated by this title, is further amended by striking “chapter 13” and inserting “chapter 27”.

(4) REFERENCE TO CHAPTER 15.—Section 308(b)(3) of title 14, United States Code, as so redesignated by this title, is further amended by striking “chapter 15” and inserting “chapter 11”.

(5) REFERENCES TO CHAPTER 19.—Title 14, United States Code, is further amended—

(A) in section 4901(4), as so redesignated by this title, by striking “chapter 19” and inserting “section 318”; and

(B) in section 4902(4), as so redesignated by this title, by striking “chapter 19” and inserting “section 318”.

(6) REFERENCE TO CHAPTER 23.—Section 701(a) of title 14, United States Code, as so redesignated by this title, is further amended by striking “chapter 23” and inserting “chapter 39”.

SEC. 4124. Rule of construction.

This title, including the amendments made by this title, is intended only to reorganize title 14, United States Code, and may not be construed to alter—

(1) the effect of a provision of title 14, United States Code, including any authority or requirement therein;

(2) a department or agency interpretation with respect to title 14, United States Code; or

(3) a judicial interpretation with respect to title 14, United States Code.

TITLE XLIIAuthorizations

SEC. 4201. Amendments to title 14, United States Code, as amended by title XLI of this division.

Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision of title 14, United States Code, the reference shall be considered to be made to title 14, United States Code, as amended by title XLI of this division.

SEC. 4202. Authorizations of appropriations.

(a) In general.—Section 4902 of title 14, United States Code, is amended to read as follows:

§ 4902. Authorizations of appropriations

“(a) Fiscal year 2018.—Funds are authorized to be appropriated for fiscal year 2018 for necessary expenses of the Coast Guard as follows:

“(1) For the operation and maintenance of the Coast Guard, not otherwise provided for, $7,210,313,000 for fiscal year 2018.

“(2) For the acquisition, construction, renovation, and improvement of aids to navigation, shore facilities, vessels, and aircraft, including equipment related thereto, and for maintenance, rehabilitation, lease, and operation of facilities and equipment, $2,694,745,000 for fiscal year 2018.

“(3) For the Coast Guard Reserve program, including operations and maintenance of the program, personnel and training costs, equipment, and services, $114,875,000 for fiscal year 2018.

“(4) For the environmental compliance and restoration functions of the Coast Guard under chapter 3 of this title, $13,397,000 for fiscal year 2018.

“(5) To the Commandant of the Coast Guard for research, development, test, and evaluation of technologies, materials, and human factors directly related to improving the performance of the Coast Guard's mission with respect to search and rescue, aids to navigation, marine safety, marine environmental protection, enforcement of laws and treaties, ice operations, oceanographic research, and defense readiness, and for maintenance, rehabilitation, lease, and operation of facilities and equipment, $29,141,000 for fiscal year 2018.

“(b) Fiscal year 2019.—Funds are authorized to be appropriated for fiscal year 2019 for necessary expenses of the Coast Guard as follows:

“(1) (A) For the operation and maintenance of the Coast Guard, not otherwise provided for, $7,914,195,000 for fiscal year 2019.

“(B) Of the amount authorized under subparagraph (A)—

“(i) $16,701,000 shall be for environmental compliance and restoration; and

“(ii) $199,360,000 shall be for the Coast Guard's Medicare-eligible retiree health care fund contribution to the Department of Defense.

“(2) For the procurement, construction, renovation, and improvement of aids to navigation, shore facilities, vessels, and aircraft, including equipment related thereto, and for maintenance, rehabilitation, lease, and operation of facilities and equipment, $2,694,745,000 for fiscal year 2019.

“(3) To the Commandant of the Coast Guard for research, development, test, and evaluation of technologies, materials, and human factors directly related to improving the performance of the Coast Guard's mission with respect to search and rescue, aids to navigation, marine safety, marine environmental protection, enforcement of laws and treaties, ice operations, oceanographic research, and defense readiness, and for maintenance, rehabilitation, lease, and operation of facilities and equipment, $29,141,000 for fiscal year 2019.”.

(b) Repeal.—On October 1, 2018—

(1) section 4902(a) of title 14, United States Code, as amended by subsection (a), shall be repealed; and

(2) subsection 4902(b) of title 14, United States Code, as amended by subsection (a), shall be amended by striking “(b) Fiscal year 2019.—”.

SEC. 4203. Authorized levels of military strength and training.

Section 4904 of title 14, United States Code, is amended—

(1) in subsection (a), by striking “for each of fiscal years 2016 and 2017” and inserting “for fiscal year 2018 and 44,500 for fiscal year 2019”; and

(2) in subsection (b), by striking “fiscal years 2016 and 2017” and inserting “fiscal years 2018 and 2019”.

SEC. 4204. Authorization of amounts for Fast Response Cutters.

(a) In general.—Of the amounts authorized under section 4902 of title 14, United States Code, as amended by this division, for each of fiscal years 2018 and 2019 up to $167,500,000 is authorized for the acquisition of 3 Fast Response Cutters.

(b) Treatment of acquired cutters.—Any cutters acquired pursuant to subsection (a) shall be in addition to the 58 cutters approved under the existing acquisition baseline.

SEC. 4205. Authorization of amounts for shoreside infrastructure.

Of the amounts authorized under section 4902 of title 14, United States Code, as amended by this division, for each of fiscal years 2018 and 2019 up to $167,500,000 is authorized for the Secretary of the department in which the Coast Guard is operating to fund the acquisition, construction, rebuilding, or improvement of Coast Guard shoreside infrastructure and facilities necessary to support Coast Guard operations and readiness.

SEC. 4206. Authorization of amounts for aircraft improvements.

Of the amounts authorized under section 4902 of title 14, United States Code, as amended by this division, for each of fiscal years 2018 and 2019 up to $3,500,000 is authorized for the Secretary of the department in which the Coast Guard is operating to fund analysis and program development for improvements to or the replacement of rotary-wing aircraft.

TITLE XLIIICoast Guard

SEC. 4301. Amendments to title 14, United States Code, as amended by title XLI of this division.

Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision of title 14, United States Code, the reference shall be considered to be made to title 14, United States Code, as amended by title XLI of this division.

SEC. 4302. Primary duties.

Section 102(7) of title 14, United States Code, is amended to read as follows:

“(7) maintain a state of readiness to assist in the defense of the United States, including when functioning as a specialized service in the Navy pursuant to section 103.”.

SEC. 4303. National Coast Guard Museum.

Section 316 of title 14, United States Code, is amended to read as follows:

§ 316. National Coast Guard Museum

“(a) Establishment.—The Commandant may establish a National Coast Guard Museum, on lands which will be federally owned and administered by the Coast Guard, and are located in New London, Connecticut, at, or in close proximity to, the Coast Guard Academy.

“(b) Limitation on expenditures.—

“(1) The Secretary shall not expend any funds appropriated to the Coast Guard on the construction of any museum established under this section.

“(2) The Secretary shall fund the National Coast Guard Museum with nonappropriated and non-Federal funds to the maximum extent practicable. The priority use of Federal funds should be to preserve and protect historic Coast Guard artifacts, including the design, fabrication, and installation of exhibits or displays in which such artifacts are included.

“(3) The Secretary may expend funds appropriated to the Coast Guard on the engineering and design of a National Coast Guard Museum.

“(c) Funding plan.—Before the date on which the Commandant establishes a National Coast Guard Museum under subsection (a), the Commandant shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a plan for constructing, operating, and maintaining such a museum, including—

“(1) estimated planning, engineering, design, construction, operation, and maintenance costs;

“(2) the extent to which appropriated, nonappropriated, and non-Federal funds will be used for such purposes, including the extent to which there is any shortfall in funding for engineering, design, or construction; and

“(3) a certification by the Inspector General of the department in which the Coast Guard is operating that the estimates provided pursuant to paragraphs (1) and (2) are reasonable and realistic.

“(d) Authority.—The Commandant may not establish a national Coast Guard museum except as set forth in this section.”.

SEC. 4304. Unmanned aircraft.

(a) Land-based unmanned aircraft system program.—Chapter 3 of title 14, United States Code, is amended by adding at the end the following:

§ 319. Land-based unmanned aircraft system program

“(a) In general.—Subject to the availability of appropriations, the Secretary shall establish a land-based unmanned aircraft system program under the control of the Commandant.

“(b) Unmanned aircraft system defined.—In this section, the term ‘unmanned aircraft system’ has the meaning given that term in section 331 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note).”.

(b) Limitation on unmanned aircraft systems.—Chapter 11 of title 14, United States Code, is amended by inserting after section 1154 the following:

§ 1155. Limitation on unmanned aircraft systems

“(a) In general.—During any fiscal year for which funds are appropriated for the design or construction of an Offshore Patrol Cutter, the Commandant—

“(1) may not award a contract for design of an unmanned aircraft system for use by the Coast Guard; and

“(2) may lease, acquire, or acquire the services of an unmanned aircraft system only if such system—

“(A) has been part of a program of record of, procured by, or used by a Federal entity (or funds for research, development, test, and evaluation have been received from a Federal entity with regard to such system) before the date on which the Commandant leases, acquires, or acquires the services of the system; and

“(B) is leased, acquired, or utilized by the Commandant through an agreement with a Federal entity, unless such an agreement is not practicable or would be less cost-effective than an independent contract action by the Coast Guard.

“(b) Small unmanned aircraft exemption.—Subsection (a)(2) does not apply to small unmanned aircraft.

“(c) Definitions.—In this section, the terms ‘small unmanned aircraft’ and ‘unmanned aircraft system’ have the meanings given those terms in section 331 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note).”.

(c) Clerical amendments.—

(1) CHAPTER 3.—The analysis for chapter 3 of title 14, United States Code, is amended by adding at the end the following:


“319. Land-based unmanned aircraft system program.”.

(2) CHAPTER 11.—The analysis for chapter 11 of title 14, United States Code, is amended by inserting after the item relating to section 1154 the following:


“1155. Limitation on unmanned aircraft systems.”.

(d) Conforming amendment.—Subsection (c) of section 1105 of title 14, United States Code, is repealed.

SEC. 4305. Coast Guard health-care professionals; licensure portability.

(a) In general.—Chapter 5 of title 14, United States Code, is amended by inserting after section 507 the following:

§ 508. Coast Guard health-care professionals; licensure portability

“(a) In general.—Notwithstanding any other provision of law regarding the licensure of health-care providers, a health-care professional described in subsection (b) may practice the health profession or professions of the health-care professional at any location in any State, the District of Columbia, or a Commonwealth, territory, or possession of the United States, regardless of where such health-care professional or the patient is located, if the practice is within the scope of the authorized Federal duties of such health-care professional.

“(b) Described individuals.—A health-care professional described in this subsection is an individual—

“(1) who is—

“(A) a member of the Coast Guard;

“(B) a civilian employee of the Coast Guard;

“(C) a member of the Public Health Service who is assigned to the Coast Guard; or

“(D) any other health-care professional credentialed and privileged at a Federal health-care institution or location specially designated by the Secretary; and

“(2) who—

“(A) has a current license to practice medicine, osteopathic medicine, dentistry, or another health profession; and

“(B) is performing authorized duties for the Coast Guard.

“(c) Definitions.—In this section, the terms ‘license’ and ‘health-care professional’ have the meanings given those terms in section 1094(e) of title 10.”.

(b) Clerical amendment.—The analysis for chapter 5 of title 14, United States Code, is amended by inserting after the item relating to section 507 the following:


“508. Coast Guard health-care professionals; licensure portability.”.

(c) Electronic health records.—

(1) SYSTEM.—The Commandant of the Coast Guard is authorized to procure for the Coast Guard an electronic health record system that—

(A) has been competitively awarded by the Department of Defense; and

(B) ensures full integration with the Department of Defense electronic health record systems.

(2) SUPPORT SERVICES.—

(A) IN GENERAL.—The Commandant is authorized to procure support services for the electronic health record system procured under paragraph (1) necessary to ensure full integration with the Department of Defense electronic health record systems.

(B) SCOPE.—Support services procured pursuant to this paragraph may include services for the following:

(i) System integration support.

(ii) Hosting support.

(iii) Training, testing, technical, and data migration support.

(iv) Hardware support.

(v) Any other support the Commandant considers appropriate.

(3) AUTHORIZED PROCUREMENT ACTIONS.—The Commandant is authorized to procure an electronic health record system under this subsection through the following:

(A) A task order under the Department of Defense electronic health record contract.

(B) A sole source contract award.

(C) An agreement made pursuant to sections 1535 and 1536 of title 31, United States Code.

(D) A contract or other procurement vehicle otherwise authorized.

(4) COMPETITION IN CONTRACTING; EXEMPTION.—Procurement of an electronic health record system and support services pursuant to this subsection shall be exempt from the competition requirements of section 2304 of title 10, United States Code.

SEC. 4306. Training; emergency response providers.

(a) In general.—Chapter 7 of title 14, United States Code, is amended by adding at the end the following:

§ 718. Training; emergency response providers

“(a) In general.—The Commandant may, on a reimbursable or a non-reimbursable basis, make a training available to emergency response providers whenever the Commandant determines that—

“(1) a member of the Coast Guard, who is scheduled to participate in such training, is unable or unavailable to participate in such training;

“(2) no other member of the Coast Guard, who is assigned to the unit to which the member of the Coast Guard who is unable or unavailable to participate in such training is assigned, is able or available to participate in such training; and

“(3) such training, if made available to such emergency response providers, would further the goal of interoperability among Federal agencies, non-Federal governmental agencies, or both.

“(b) Emergency response providers defined.—In this section, the term ‘emergency response providers’ has the meaning given that term in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101).

“(c) Treatment of reimbursement.—Any reimbursements for a training that the Coast Guard receives under this section shall be credited to the appropriation used to pay the costs for such training.

“(d) Status; limitation on liability.—

“(1) STATUS.—Any individual to whom, as an emergency response provider, training is made available under this section, who is not otherwise a Federal employee, shall not, because of that training, be considered a Federal employee for any purpose (including the purposes of chapter 81 of title 5 (relating to compensation for injury) and sections 2671 through 2680 of title 28 (relating to tort claims)).

“(2) LIMITATION ON LIABILITY.—The United States shall not be liable for actions taken by an individual in the course of training made available under this section.”.

(b) Clerical amendment.—The analysis for chapter 7 of title 14, United States Code, is amended by adding at the end the following:


“718. Training; emergency response providers.”.

SEC. 4307. Incentive contracts for Coast Guard yard and industrial establishments.

Section 939 of title 14, United States Code, is amended—

(1) by inserting before “The Secretary may” the following: “(a) In general.—”;

(2) in subsection (a), as so designated by paragraph (1) of this section, by striking the period at the end of the last sentence and inserting “or in accordance with subsection (b).”; and

(3) by adding at the end the following:

“(b) Incentive contracts.—

“(1) The parties to an order for industrial work to be performed by the Coast Guard Yard or a Coast Guard industrial establishment designated under subsection (a) may enter into an order or a cost-plus-incentive-fee order in accordance with this subsection.

“(2) If such parties enter into such an order or a cost-plus-incentive-fee order, an agreed-upon amount of any adjustment described in subsection (a) may be distributed as an incentive to the wage-grade industrial employees who complete the order.

“(3) Before entering into such an order or cost-plus-incentive-fee order such parties must agree that the wage-grade employees of the Coast Guard Yard or Coast Guard industrial establishment will take action to improve the delivery schedule or technical performance agreed to in the order for industrial work to which such parties initially agreed.

“(4) Notwithstanding any other provision of law, if the industrial workforce of the Coast Guard Yard or Coast Guard industrial establishment satisfies the performance target established in such an order or cost-plus-incentive-fee order—

“(A) the adjustment to be made pursuant to subsection (a) shall be reduced by an agreed-upon amount and distributed to such wage-grade industrial employees; and

“(B) the remainder of the adjustment shall be credited to the appropriation for such order current at that time.”.

SEC. 4308. Confidential investigative expenses.

Section 944 of title 14, United States Code, is amended by striking “$45,000” and inserting “$250,000”.

SEC. 4309. Regular captains; retirement.

Section 2149(a) of title 14, United States Code, is amended—

(1) by striking “zone is” and inserting “zone, or from being placed at the top of the list of selectees promulgated by the Secretary under section 2121(a) of this title, is”; and

(2) by striking the period at the end and inserting “or placed at the top of the list of selectees, as applicable.”.

SEC. 4310. Conversion, alteration, and repair projects.

(a) In general.—Chapter 9 of title 14, United States Code, as amended by this division, is further amended by inserting after section 951 the following:

§ 952. Construction of Coast Guard vessels and assignment of vessel projects

“ The assignment of Coast Guard vessel conversion, alteration, and repair projects shall be based on economic and military considerations and may not be restricted by a requirement that certain parts of Coast Guard shipwork be assigned to a particular type of shipyard or geographical area or by a similar requirement.”.

(b) Clerical amendment.—The analysis for chapter 9 of title 14, United States Code, is amended by inserting after the item relating to section 951 the following:


“952. Construction of Coast Guard vessels and assignment of vessel projects.”.

SEC. 4311. Contracting for major acquisitions programs.

(a) General acquisition authority.—Section 501(d) of title 14, United States Code, is amended by inserting “aircraft, and systems,” after “vessels,”.

(b) Contracting authority.—Chapter 11 of title 14, United States Code, as amended by this division, is further amended by inserting after section 1136 the following:

§ 1137. Contracting for major acquisitions programs

“(a) In general.—In carrying out authorities provided to the Secretary to design, construct, accept, or otherwise acquire assets and systems under section 501(d), the Secretary, acting through the Commandant or the head of an integrated program office established for a major acquisition program, may enter into contracts for a major acquisition program.

“(b) Authorized methods.—Contracts entered into under subsection (a)—

“(1) may be block buy contracts;

“(2) may be incrementally funded;

“(3) may include combined purchases, also known as economic order quantity purchases, of—

“(A) materials and components; and

“(B) long lead time materials; and

“(4) as provided in section 2306b of title 10, may be multiyear contracts.

“(c) Subject to appropriations.—Any contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract is subject to the availability of amounts specifically provided in advance for that purpose in subsequent appropriations Acts.”.

(c) Clerical amendment.—The analysis for chapter 11 of title 14, United States Code, as amended by this division, is further amended by inserting after the item relating to section 1136 the following:


“1137. Contracting for major acquisitions programs.”.

(d) Conforming amendments.—The following provisions are repealed:

(1) Section 223 of the Howard Coble Coast Guard and Maritime Transportation Act of 2014 (14 U.S.C. 1152 note), and the item relating to that section in the table of contents in section 2 of such Act.

(2) Section 221(a) of the Coast Guard and Maritime Transportation Act of 2012 (14 U.S.C. 1133 note).

(3) Section 207(a) of the Coast Guard Authorization Act of 2016 (14 U.S.C. 561 note).

(e) Internal regulations and policy.—Not later than 180 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall establish the internal regulations and policies necessary to exercise the authorities provided under this section, including the amendments made in this section.

(f) Multiyear contracts.—The Secretary of the department in which the Coast Guard is operating is authorized to enter into a multiyear contract for the procurement of a tenth, eleventh, and twelfth National Security Cutter and associated government-furnished equipment.

SEC. 4312. Officer promotion zones.

Section 2111(a) of title 14, United States Code, is amended by striking “six-tenths.” and inserting “one-half.”.

SEC. 4313. Cross reference.

Section 2129(a) of title 14, United States Code, is amended by inserting “designated under section 2317” after “cadet”.

SEC. 4314. Commissioned service retirement.

For Coast Guard officers who retire in fiscal year 2018 or 2019, the President may reduce the period of active commissioned service required under section 2152 of title 14, United States Code, to a period of not less than 8 years.

SEC. 4315. Leave for birth or adoption of child.

(a) Policy.—Section 2512 of title 14, United States Code, is amended—

(1) by striking “Not later than 1 year” and inserting the following:

“(a) In general.—Except as provided in subsection (b), not later than 1 year”; and

(2) by adding at the end the following:

“(b) Leave associated with birth or adoption of child.—Notwithstanding subsection (a), sections 701 and 704 of title 10, or any other provision of law, all officers and enlisted members of the Coast Guard shall be authorized leave associated with the birth or adoption of a child during the 1-year period immediately following such birth or adoption and, at the discretion of the Commanding Officer, such officer or enlisted member shall be permitted—

“(1) to take such leave in increments; and

“(2) to use flexible work schedules (pursuant to a program established by the Secretary in accordance with chapter 61 of title 5).”.

(b) Flexible work schedules.—Not later than 180 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall ensure that a flexible work schedule program under chapter 61 of title 5, United States Code, is in place for officers and enlisted members of the Coast Guard.

SEC. 4316. Clothing at time of discharge.

Section 2705 of title 14, United States Code, and the item relating to that section in the analysis for chapter 27 of that title, are repealed.

SEC. 4317. Unfunded priorities list.

(a) In general.—Section 5102 of title 14, United States Code, is amended—

(1) by striking subsection (a) and inserting the following:

“(a) In general.—On the date on which the President submits to Congress a budget pursuant to section 1105 of title 31, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a capital investment plan for the Coast Guard that identifies for each capital asset for which appropriations are proposed in that budget—

“(1) the proposed appropriations included in the budget;

“(2) the total estimated cost of completion based on the proposed appropriations included in the budget;

“(3) projected funding levels for each fiscal year for the next 5 fiscal years or until project completion, whichever is earlier;

“(4) an estimated completion date based on the proposed appropriations included in the budget; and

“(5) an acquisition program baseline, as applicable.”; and

(2) by striking subsection (c) and inserting the following:

“(c) Definitions.—In this section, the term ‘new capital asset’ means—

“(1) an acquisition program that does not have an approved acquisition program baseline; or

“(2) the acquisition of a capital asset in excess of the number included in the approved acquisition program baseline.”.

(b) Unfunded priorities.—Chapter 51 of title 14, United States Code, is amended by adding at the end the following:

§ 5106. Unfunded priorities list

“(a) In general.—On the date on which the President submits to Congress a budget pursuant to section 1105 of title 31, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a list of each unfunded priority for the Coast Guard.

“(b) Prioritization.—The list required under subsection (a) shall present the unfunded priorities in order from the highest priority to the lowest, as determined by the Commandant.

“(c) Unfunded priority defined.—In this section, the term ‘unfunded priority’ means a program or mission requirement that—

“(1) has not been selected for funding in the applicable proposed budget;

“(2) is necessary to fulfill a requirement associated with an operational need; and

“(3) the Commandant would have recommended for inclusion in the applicable proposed budget had additional resources been available or had the requirement emerged before the budget was submitted.”.

(c) Clerical amendment.—The analysis for chapter 51 of title 14, United States Code, is amended by adding at the end the following:


“5106. Unfunded priorities list.”.

SEC. 4318. Safety of vessels of the Armed Forces.

(a) In general.—Section 527 of title 14, United States Code, is amended—

(1) in the heading, by striking “naval vessels” and inserting “vessels of the Armed Forces”;

(2) in subsection (a), by striking “United States naval vessel” and inserting “vessel of the Armed Forces”;

(3) in subsection (b)—

(A) by striking “senior naval officer present in command” and inserting “senior officer present in command”; and

(B) by striking “United States naval vessel” and inserting “vessel of the Armed Forces”; and

(4) by adding at the end the following:

“(e) For purposes of this title, the term ‘vessel of the Armed Forces’ means—

“(1) any vessel owned or operated by the Department of Defense or the Coast Guard, other than a time- or voyage-chartered vessel; and

“(2) any vessel owned and operated by the Department of Transportation that is designated by the Secretary of the department in which the Coast Guard is operating as a vessel equivalent to a vessel described in paragraph (1).”.

(b) Clerical amendment.—The analysis for chapter 5 of title 14, United States Code, is further amended by striking the item relating to section 527 and inserting the following:


“527. Safety of vessels of the Armed Forces.”.

(c) Conforming amendments.—Section 2510(a)(1) of title 14, United States Code, is amended—

(1) by striking “armed forces” and inserting “Armed Forces”; and

(2) by striking “section 101(a) of title 10” and inserting “section 527(e)”.

SEC. 4319. Protecting against unmanned aircraft.

(a) In general.—Chapter 5 of title 14, United States Code, as amended by this division, is further amended by inserting after section 527 the following:

§ 528. Protecting against unmanned aircraft

“(a) Authority.—Notwithstanding title 18 (including section 32, section 1030, sections 2510–2522, and sections 3121–3127), and section 46502 of title 49, the Secretary, or the Secretary’s designee, may take such actions described in subsection (c)(1) as are necessary to mitigate the threat, as defined by the Secretary in consultation with the Secretary of Transportation, that an unmanned aircraft system or unmanned aircraft poses to the safety or security of a covered vessel or aircraft.

“(b) Coordination with the Secretary of Transportation.—The Secretary, or the Secretary’s designee, shall coordinate with the Secretary of Transportation, including the Administrator of the Federal Aviation Administration, before issuing any guidance or implementing any program or procedures to carry out this section that might affect aviation safety, civilian aviation and aerospace operations, aircraft airworthiness, or the use of the airspace.

“(c) Actions described.—

“(1) The actions described in this paragraph are the following:

“(A) Detect, identify, monitor, and track the unmanned aircraft system or unmanned aircraft, without prior consent, including by means of intercept or other access of a wire, oral, or electronic communication used to control the unmanned aircraft system or unmanned aircraft.

“(B) Warn the operator of the unmanned aircraft system or unmanned aircraft, including by passive or active, and direct or indirect physical, electronic, radio, and electromagnetic means.

“(C) Disrupt control of the unmanned aircraft system or unmanned aircraft, without prior consent, including by disabling the unmanned aircraft system or unmanned aircraft by intercepting, interfering, or causing interference with wire, oral, electronic, or radio communications used to control the unmanned aircraft system or unmanned aircraft.

“(D) Seize or exercise control of the unmanned aircraft system or unmanned aircraft.

“(E) Seize or otherwise confiscate the unmanned aircraft system or unmanned aircraft.

“(F) Use reasonable force to disable, damage, or destroy the unmanned aircraft system or unmanned aircraft.

“(2) The Secretary shall develop the actions described in paragraph (1) in coordination with the Secretary of Transportation.

“(d) Forfeiture.—Any unmanned aircraft system or unmanned aircraft described in subsection (a) that is seized by the Secretary is subject to forfeiture to the United States.

“(e) Regulations.—The Secretary and the Secretary of Transportation may prescribe regulations and shall issue guidance in the respective areas of each Secretary to carry out this section. The Secretary and the Secretary of Transportation shall coordinate in the development of such guidance.

“(f) Definitions.—In this section:

“(1) The term ‘covered vessel or aircraft’ means a vessel or aircraft that—

“(A) (i) is a vessel or aircraft operated by the Coast Guard; or

“(ii) is a vessel the Coast Guard is assisting or escorting;

“(B) is located in the United States (including the territories and possessions of the United States); and

“(C) is directly involved in a mission of the Coast Guard pertaining to—

“(i) assisting or escorting a vessel of the Department of Defense;

“(ii) assisting or escorting a vessel of national security significance, a high interest vessel, a high capacity passenger vessel, or a high value unit, as those terms are defined by the Secretary;

“(iii) section 91(a) of this title;

“(iv) assistance in protecting the President or the Vice President (or other officer next in order of succession to the Office of the President) pursuant to the Presidential Protection Assistance Act of 1976 (18 U.S.C. 3056 note);

“(v) protection of a National Special Security Event, as designated by the Secretary;

“(vi) air defense of the United States, including air sovereignty, ground-based air defense, and the National Capital Region integrated air defense system; or

“(vii) a search and rescue operation.

“(2) The terms ‘electronic communication’, ‘intercept’, ‘oral communication’, and ‘wire communication’ have the meaning given those terms in section 2510 of title 18.

“(3) The term ‘National Special Security Event’ has the meaning given the term in section 2001 of the Homeland Security Act of 2002 (6 U.S.C. 601).

“(4) The terms ‘unmanned aircraft’ and ‘unmanned aircraft system’ have the meanings given those terms in section 331 of the FAA Modernization and Reform Act of 2012 (Public Law 112–95; 49 U.S.C. 40101 note).

“(g) Preservation of appropriate authority.—

“(1) Nothing in this section may be construed to vest in the Secretary any authority of the Secretary of Transportation or the Administrator of the Federal Aviation Administration under title 49.

“(2) Nothing in this section may be construed to vest in the Secretary of Transportation or the Administrator of the Federal Aviation Administration any authority of the Secretary under title 14.

“(h) Privacy protection.—Regulations or guidance issued under subsection (e) shall ensure that—

“(1) the interception or acquisition of or access to communications to or from an unmanned aircraft system under this section is conducted in a manner consistent with the Fourth Amendment to the United States Constitution and applicable Federal law;

“(2) communications to or from an unmanned aircraft system are intercepted, acquired, or accessed only to the extent necessary to support a function of the Department;

“(3) records of such communications are not maintained for more than 180 days unless the Secretary determines that maintenance of such records—

“(A) is necessary to support one or more functions of the Department; or

“(B) is required for a longer period to support a civilian law enforcement agency or by any other applicable law or regulation; and

“(4) such communications are not disclosed outside the Department unless the disclosure—

“(A) would fulfill a function of the Department;

“(B) would support a civilian law enforcement agency or enforcement activities of a regulatory agency in connection with a criminal or civil investigation of, or any regulatory action with regard to, any activity described under subsection (c); or

“(C) is otherwise required by law or regulation.

“(i) Semi-annual briefings required.—

“(1) Not less than 180 days after the date of the enactment of the Coast Guard Authorization Act of 2017, and every 6 months thereafter until the authority terminates pursuit to subsection (j), the Secretary and the Secretary of Transportation shall jointly provide a briefing to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the activities carried out pursuant to this section. Such briefings shall include—

“(A) policies, programs, and procedures to mitigate or eliminate impacts of such activities to the National Airspace System;

“(B) a description of each instance where an action described in subsection (c)(1) has been taken;

“(C) how the Secretaries have informed the public as to the possible use of authorities under this section; and

“(D) how the Secretaries have engaged with Federal, State, and local law enforcement agencies to implement and use such authorities.

“(2) Each briefing under paragraph (1) shall be in unclassified form, but may be accompanied by an additional classified briefing.

“(j) Termination of authority.—The authority pursuant to this section shall expire on December 31, 2020, for Department missions unless the President of the United States certifies to Congress, not less than 45 days prior to the expiration date that retaining authority pursuant to this section is in the national security interests of the United States, thereby extending the authority for those mission areas an additional 180 days.”.

(b) Clerical amendment.—The analysis for chapter 5 of title 14, United States Code, as amended by this division, is further amended by inserting after the item relating to section 527 the following:


“528. Protecting against unmanned aircraft.”.

SEC. 4320. Air facilities.

Section 912 of title 14, United States Code, is amended—

(1) by striking subsection (a);

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

(3) in subsection (a) as redesignated—

(A) by amending paragraph (3) to read as follows:

“(3) PUBLIC NOTICE AND COMMENT.—

“(A) IN GENERAL.—Prior to closing an air facility, the Secretary shall provide opportunities for public comment, including the convening of public meetings in communities in the area of responsibility of the air facility with regard to the proposed closure or cessation of operations at the air facility.

“(B) PUBLIC MEETINGS.—Prior to convening a public meeting under subparagraph (A), the Secretary shall notify each congressional office representing any portion of the area of responsibility of the air station that is the subject to such public meeting of the schedule and location of such public meeting.”;

(B) in paragraph (4)—

(i) in the matter preceding subparagraph (A) by striking “2015” and inserting “2017”; and

(ii) by amending subparagraph (A) to read as follows:

“(A) submit to the Congress a proposal for such closure, cessation, or reduction in operations along with the budget of the President submitted to Congress under section 1105(a) of title 31 that includes—

“(i) a discussion of the determination made by the Secretary pursuant to paragraph (2); and

“(ii) a report summarizing the public comments received by the Secretary under paragraph (3)”; and

(C) by adding at the end the following:

“(5) CONGRESSIONAL REVIEW.—The Secretary may not close, cease operations, or significantly reduce personnel and use of a Coast Guard air facility for which a written notice is provided under paragraph (4)(A) until a period of 18 months beginning on the date on which such notice is provided has elapsed.”.

TITLE XLIVPorts and Waterways Safety

SEC. 4401. Codification of Ports and Waterways Safety Act.

(a) Codification.—Subtitle VII of title 46, United States Code, is amended by inserting before chapter 701 the following:

“CHAPTER 700PORTS AND WATERWAYS SAFETY


“70001. Vessel traffic services.

“70002. Special powers.

“70003. Port access routes.

“70004. Considerations by Secretary.

“70005. International agreements.

“70011. Waterfront safety.

“70012. Navigational hazards.

“70013. Requirement to notify Coast Guard of release of objects into the navigable waters of the United States.

“70021. Conditions for entry to ports in the united states.

“70031. Definitions.

“70032. Saint Lawrence Seaway.

“70033. Limitation on application to foreign vessels.

“70034. Regulations.

“70035. Investigatory powers.

“70036. Enforcement.

“SUBCHAPTER IVESSEL OPERATIONS

§ 70001. Vessel traffic services

“(a) Subject to the requirements of section 70004, the Secretary—

“(1) in any port or place under the jurisdiction of the United States, in the navigable waters of the United States, or in any area covered by an international agreement negotiated pursuant to section 70005, may construct, operate, maintain, improve, or expand vessel traffic services, that consist of measures for controlling or supervising vessel traffic or for protecting navigation and the marine environment and that may include one or more of reporting and operating requirements, surveillance and communications systems, routing systems, and fairways;

“(2) shall require appropriate vessels that operate in an area of a vessel traffic service to utilize or comply with that service;

“(3) (A) may require vessels to install and use specified navigation equipment, communications equipment, electronic relative motion analyzer equipment, or any electronic or other device necessary to comply with a vessel traffic service or that is necessary in the interests of vessel safety.

“(B) Notwithstanding subparagraph (A), the Secretary shall not require fishing vessels under 300 gross tons as measured under section 14502, or an alternate tonnage measured under section 14302 as prescribed by the Secretary under section 14104, or recreational vessels 65 feet or less to possess or use the equipment or devices required by this subsection solely under the authority of this chapter;

“(4) may control vessel traffic in areas subject to the jurisdiction of the United States that the Secretary determines to be hazardous, or under conditions of reduced visibility, adverse weather, vessel congestion, or other hazardous circumstances, by—

“(A) specifying times of entry, movement, or departure;

“(B) establishing vessel traffic routing schemes;

“(C) establishing vessel size, speed, or draft limitations and vessel operating conditions; and

“(D) restricting operation, in any hazardous area or under hazardous conditions, to vessels that have particular operating characteristics or capabilities that the Secretary considers necessary for safe operation under the circumstances;

“(5) may require the receipt of prearrival messages from any vessel, destined for a port or place subject to the jurisdiction of the United States, in sufficient time to permit advance vessel traffic planning before port entry, which shall include any information that is not already a matter of record and that the Secretary determines necessary for the control of the vessel and the safety of the port or the marine environment; and

“(6) may prohibit the use on vessels of electronic or other devices that interfere with communication and navigation equipment, except that such authority shall not apply to electronic or other devices certified to transmit in the maritime services by the Federal Communications Commission and used within the frequency bands 157.1875–157.4375 MHz and 161.7875–162.0375 MHz.

“(b) Cooperative agreements.—

“(1) IN GENERAL.—The Secretary may enter into cooperative agreements with public or private agencies, authorities, associations, institutions, corporations, organizations, or other persons to carry out the functions under subsection (a)(1).

“(2) LIMITATION.—

“(A) A nongovernmental entity may not under this subsection carry out an inherently governmental function.

“(B) As used in this paragraph, the term ‘inherently governmental function’ means any activity that is so intimately related to the public interest as to mandate performance by an officer or employee of the Federal Government, including an activity that requires either the exercise of discretion in applying the authority of the Government or the use of judgment in making a decision for the Government.

“(c) Limitation of liability for coast guard vessel traffic service pilots and non-Federal vessel traffic service operators.—

“(1) COAST GUARD VESSEL TRAFFIC SERVICE PILOTS.—Any pilot, acting in the course and scope of his or her duties while at a Coast Guard Vessel Traffic Service, who provides information, advice, or communication assistance while under the supervision of a Coast Guard officer, member, or employee shall not be liable for damages caused by or related to such assistance unless the acts or omissions of such pilot constitute gross negligence or willful misconduct.

“(2) NON-FEDERAL VESSEL TRAFFIC SERVICE OPERATORS.—An entity operating a non-Federal vessel traffic information service or advisory service pursuant to a duly executed written agreement with the Coast Guard, and any pilot acting on behalf of such entity, is not liable for damages caused by or related to information, advice, or communication assistance provided by such entity or pilot while so operating or acting unless the acts or omissions of such entity or pilot constitute gross negligence or willful misconduct.

§ 70002. Special powers

“The Secretary may order any vessel, in a port or place subject to the jurisdiction of the United States or in the navigable waters of the United States, to operate or anchor in a manner the Secretary directs if—

“(1) the Secretary has reasonable cause to believe such vessel does not comply with any regulation issued under section 70034 or any other applicable law or treaty;

“(2) the Secretary determines such vessel does not satisfy the conditions for port entry set forth in section 70021 of this title; or

“(3) by reason of weather, visibility, sea conditions, port congestion, other hazardous circumstances, or the condition of such vessel, the Secretary is satisfied such direction is justified in the interest of safety.

§ 70003. Port access routes

“(a) Authority To designate.—Except as provided in subsection (b) and subject to the requirements of subsection (c), in order to provide safe access routes for the movement of vessel traffic proceeding to or from ports or places subject to the jurisdiction of the United States, the Secretary shall designate necessary fairways and traffic separation schemes for vessels operating in the territorial sea of the United States and in high seas approaches, outside the territorial sea, to such ports or places. Such a designation shall recognize, within the designated area, the paramount right of navigation over all other uses.

“(b) Limitation.—

“(1) IN GENERAL.—No designation may be made by the Secretary under this section if—

“(A) the Secretary determines such a designation, as implemented, would deprive any person of the effective exercise of a right granted by a lease or permit executed or issued under other applicable provisions of law; and

“(B) such right has become vested before the time of publication of the notice required by paragraph (1) of subsection (c).

“(2) CONSULTATION REQUIRED.—The Secretary shall make the determination under paragraph (1)(A) after consultation with the head of the agency responsible for executing the lease or issuing the permit.

“(c) Consideration of other uses.—Before making a designation under subsection (a), and in accordance with the requirements of section 70004, the Secretary shall—

“(1) undertake a study of the potential traffic density and the need for safe access routes for vessels in any area for which fairways or traffic separation schemes are proposed or that may otherwise be considered and publish notice of such undertaking in the Federal Register;

“(2) in consultation with the Secretary of State, the Secretary of the Interior, the Secretary of Commerce, the Secretary of the Army, and the Governors of affected States, as their responsibilities may require, take into account all other uses of the area under consideration, including, as appropriate, the exploration for, or exploitation of, oil, gas, or other mineral resources, the construction or operation of deepwater ports or other structures on or above the seabed or subsoil of the submerged lands or the Outer Continental Shelf of the United States, the establishment or operation of marine or estuarine sanctuaries, and activities involving recreational or commercial fishing; and

“(3) to the extent practicable, reconcile the need for safe access routes with the needs of all other reasonable uses of the area involved.

“(d) Study.—In carrying out the Secretary’s responsibilities under subsection (c), the Secretary shall—

“(1) proceed expeditiously to complete any study undertaken; and

“(2) after completion of such a study, promptly—

“(A) issue a notice of proposed rulemaking for the designation contemplated; or

“(B) publish in the Federal Register a notice that no designation is contemplated as a result of the study and the reason for such determination.

“(e) Implementation of designation.—In connection with a designation made under this section, the Secretary—

“(1) shall issue reasonable rules and regulations governing the use of such designated areas, including rules and regulations regarding the applicability of rules 9 and 10 of the International Regulations for Preventing Collisions at Sea, 1972, relating to narrow channels and traffic separation schemes, respectively, in waters where such regulations apply;

“(2) to the extent that the Secretary finds reasonable and necessary to effectuate the purposes of the designation, make the use of designated fairways and traffic separation schemes mandatory for specific types and sizes of vessels, foreign and domestic, operating in the territorial sea of the United States and for specific types and sizes of vessels of the United States operating on the high seas beyond the territorial sea of the United States;

“(3) may, from time to time, as necessary, adjust the location or limits of designated fairways or traffic separation schemes in order to accommodate the needs of other uses that cannot be reasonably accommodated otherwise, except that such an adjustment may not, in the judgment of the Secretary, unacceptably adversely affect the purpose for which the existing designation was made and the need for which continues; and

“(4) shall, through appropriate channels—

“(A) notify cognizant international organizations of any designation, or adjustment thereof; and

“(B) take action to seek the cooperation of foreign States in making it mandatory for vessels under their control to use, to the same extent as required by the Secretary for vessels of the United States, any fairway or traffic separation scheme designated under this section in any area of the high seas.

§ 70004. Considerations by Secretary

“In carrying out the duties of the Secretary under sections 70001, 70002, and 70003, the Secretary shall—

“(1) take into account all relevant factors concerning navigation and vessel safety, protection of the marine environment, and the safety and security of United States ports and waterways, including—

“(A) the scope and degree of the risk or hazard involved;

“(B) vessel traffic characteristics and trends, including traffic volume, the sizes and types of vessels involved, potential interference with the flow of commercial traffic, the presence of any unusual cargoes, and other similar factors;

“(C) port and waterway configurations and variations in local conditions of geography, climate, and other similar factors;

“(D) the need for granting exemptions for the installation and use of equipment or devices for use with vessel traffic services for certain classes of small vessels, such as self-propelled fishing vessels and recreational vessels;

“(E) the proximity of fishing grounds, oil and gas drilling and production operations, or any other potential or actual conflicting activity;

“(F) environmental factors;

“(G) economic impact and effects;

“(H) existing vessel traffic services; and

“(I) local practices and customs, including voluntary arrangements and agreements within the maritime community; and

“(2) at the earliest possible time, consult with and receive and consider the views of representatives of the maritime community, ports and harbor authorities or associations, environmental groups, and other persons who may be affected by the proposed actions.

§ 70005. International agreements

“(a) Transmittal of regulations.—The Secretary shall transmit, via the Secretary of State, to appropriate international bodies or forums, any regulations issued under this subchapter, for consideration as international standards.

“(b) Agreements.—The President is authorized and encouraged to—

“(1) enter into negotiations and conclude and execute agreements with neighboring nations, to establish compatible vessel standards and vessel traffic services, and to establish, operate, and maintain international vessel traffic services, in areas and under circumstances of mutual concern; and

“(2) enter into negotiations, through appropriate international bodies, and conclude and execute agreements to establish vessel traffic services in appropriate areas of the high seas.

“(c) Operations.—The Secretary, pursuant to any agreement negotiated under subsection (b) that is binding upon the United States in accordance with constitutional requirements, may—

“(1) require vessels operating in an area of a vessel traffic service to utilize or to comply with the vessel traffic service, including the carrying or installation of equipment and devices as necessary for the use of the service; and

“(2) waive, by order or regulation, the application of any United States law or regulation concerning the design, construction, operation, equipment, personnel qualifications, and manning standards for vessels operating in waters over which the United States exercises jurisdiction if such vessel is not en route to or from a United States port or place, and if vessels en route to or from a United States port or place are accorded equivalent waivers of laws and regulations of the neighboring nation, when operating in waters over which that nation exercises jurisdiction.

“(d) Ship reporting systems.—The Secretary, in cooperation with the International Maritime Organization, may implement and enforce two mandatory ship reporting systems, consistent with international law, with respect to vessels subject to such reporting systems entering the following areas of the Atlantic Ocean:

“(1) Cape Cod Bay, Massachusetts Bay, and Great South Channel (in the area generally bounded by a line starting from a point on Cape Ann, Massachusetts at 42 deg. 39′ N., 70 deg. 37′ W; then northeast to 42 deg. 45′ N., 70 deg. 13′ W; then southeast to 42 deg. 10′ N., 68 deg. 31′ W, then south to 41 deg. 00′ N., 68 deg. 31′ W; then west to 41 deg. 00′ N., 69 deg. 17′ W; then northeast to 42 deg. 05′ N., 70 deg. 02′ W, then west to 42 deg. 04′ N., 70 deg. 10′ W; and then along the Massachusetts shoreline of Cape Cod Bay and Massachusetts Bay back to the point on Cape Ann at 42 deg. 39′ N., 70 deg. 37′ W).

“(2) In the coastal waters of the Southeastern United States within about 25 nm along a 90 nm stretch of the Atlantic seaboard (in an area generally extending from the shoreline east to longitude 80 deg. 51.6′ W with the southern and northern boundary at latitudes 30 deg. 00′ N., 31 deg. 27′ N., respectively).

“SUBCHAPTER IIPORTS AND WATERWAYS SAFETY

§ 70011. Waterfront safety

“(a) In general.—The Secretary may take such action as is necessary to—

“(1) prevent damage to, or the destruction of, any bridge or other structure on or in the navigable waters of the United States, or any land structure or shore area immediately adjacent to such waters; and

“(2) protect the navigable waters and the resources therein from harm resulting from vessel or structure damage, destruction, or loss.

“(b) Actions authorized.—Actions authorized by subsection (a) include—

“(1) establishing procedures, measures, and standards for the handling, loading, unloading, storage, stowage, and movement on a structure (including the emergency removal, control, and disposition) of explosives or other dangerous articles and substances, including oil or hazardous material as those terms are defined in section 2101;

“(2) prescribing minimum safety equipment requirements for a structure to assure adequate protection from fire, explosion, natural disaster, and other serious accidents or casualties;

“(3) establishing water or waterfront safety zones, or other measures, for limited, controlled, or conditional access and activity when necessary for the protection of any vessel, structure, waters, or shore area; and

“(4) establishing procedures for examination to assure compliance with the requirements prescribed under this section.

“(c) State law.—Nothing in this section, with respect to structures, prohibits a State or political subdivision thereof from prescribing higher safety equipment requirements or safety standards than those that may be prescribed by regulations under this section.

§ 70012. Navigational hazards

“(a) Reporting procedure.—The Secretary shall establish a program to encourage fishermen and other vessel operators to report potential or existing navigational hazards involving pipelines to the Secretary through Coast Guard field offices.

“(b) Secretary’s response.—

“(1) NOTIFICATION BY THE OPERATOR OF A PIPELINE.—Upon notification by the operator of a pipeline of a hazard to navigation with respect to that pipeline, the Secretary shall immediately notify Coast Guard headquarters, the Pipeline and Hazardous Materials Safety Administration, other affected Federal and State agencies, and vessel owners and operators in the pipeline’s vicinity.

“(2) NOTIFICATION BY OTHER PERSONS.—Upon notification by any other person of a hazard or potential hazard to navigation with respect to a pipeline, the Secretary shall promptly determine whether a hazard exists, and if so shall immediately notify Coast Guard headquarters, the Pipeline and Hazardous Materials Safety Administration, other affected Federal and State agencies, vessel owners and operators in the pipeline’s vicinity, and the owner and operator of the pipeline.

“(c) Pipeline defined.—For purposes of this section, the term ‘pipeline’ has the meaning given the term ‘pipeline facility’ in section 60101(a)(18) of title 49.

§ 70013. Requirement to notify Coast Guard of release of objects into the navigable waters of the United States

“(a) Requirement.—As soon as a person has knowledge of any release from a vessel or facility into the navigable waters of the United States of any object that creates an obstruction prohibited under section 10 of the Act of March 3, 1899, popularly known as the Rivers and Harbors Appropriations Act of 1899 (33 U.S.C. 403), such person shall notify the Secretary and the Secretary of the Army of such release.

“(b) Restriction on use of notification.—Any notification provided by an individual in accordance with subsection (a) may not be used against such individual in any criminal case, except a prosecution for perjury or for giving a false statement.

“SUBCHAPTER IIICONDITION FOR ENTRY INTO PORTS IN THE UNITED STATES

§ 70021. Conditions for entry to ports in the United States

“(a) In general.—No vessel that is subject to chapter 37 shall operate in the navigable waters of the United States or transfer cargo or residue in any port or place under the jurisdiction of the United States, if such vessel—

“(1) has a history of accidents, pollution incidents, or serious repair problems that, as determined by the Secretary, creates reason to believe that such vessel may be unsafe or may create a threat to the marine environment;

“(2) fails to comply with any applicable regulation issued under section 70034, chapter 37, or any other applicable law or treaty;

“(3) discharges oil or hazardous material in violation of any law of the United States or in a manner or quantities inconsistent with any treaty to which the United States is a party;

“(4) does not comply with any applicable vessel traffic service requirements;

“(5) is manned by one or more officers who are licensed by a certificating State that the Secretary has determined, pursuant to section 9101 of title 46, does not have standards for licensing and certification of seafarers that are comparable to or more stringent than United States standards or international standards that are accepted by the United States;

“(6) is not manned in compliance with manning levels as determined by the Secretary to be necessary to insure the safe navigation of the vessel; or

“(7) while underway, does not have at least one licensed deck officer on the navigation bridge who is capable of clearly understanding English.

“(b) Exceptions.—

“(1) IN GENERAL.—The Secretary may allow provisional entry of a vessel that is not in compliance with subsection (a), if the owner or operator of such vessel proves, to the satisfaction of the Secretary, that such vessel is not unsafe or a threat to the marine environment, and if such entry is necessary for the safety of the vessel or persons aboard.

“(2) PROVISIONS NOT APPLICABLE.—Paragraphs (1), (2), (3), and (4) of subsection (a) of this section shall not apply to a vessel allowed provisional entry under paragraph (1) if the owner or operator of such vessel proves, to the satisfaction of the Secretary, that such vessel is no longer unsafe or a threat to the marine environment, and is no longer in violation of any applicable law, treaty, regulation, or condition, as appropriate.

“SUBCHAPTER IVDEFINITIONS, REGULATIONS, ENFORCEMENT, INVESTIGATORY POWERS, APPLICABILITY

§ 70031. Definitions

“As used in subchapters A through C and this subchapter, unless the context otherwise requires:

“(1) The term ‘marine environment’ means—

“(A) the navigable waters of the United States and the land and resources therein and thereunder;

“(B) the waters and fishery resources of any area over which the United States asserts exclusive fishery management authority;

“(C) the seabed and subsoil of the Outer Continental Shelf of the United States, the resources thereof, and the waters superjacent thereto; and

“(D) the recreational, economic, and scenic values of such waters and resources.

“(2) The term ‘Secretary’ means the Secretary of the department in which the Coast Guard is operating, except that such term means the Secretary of Transportation with respect to the application of this chapter to the Saint Lawrence Seaway.

“(3) The term ‘navigable waters of the United States’ includes all waters of the territorial sea of the United States as described in Presidential Proclamation No. 5928 of December 27, 1988.

§ 70032. Saint Lawrence Seaway

“The authority granted to the Secretary under sections 70001, 70002, 70003, 7004, and 70011 may not be delegated with respect to the Saint Lawrence Seaway to any agency other than the Saint Lawrence Seaway Development Corporation. Any other authority granted the Secretary under subchapters A through C and this subchapter shall be delegated by the Secretary to the Saint Lawrence Seaway Development Corporation to the extent the Secretary determines such delegation is necessary for the proper operation of the Saint Lawrence Seaway.

§ 70033. Limitation on application to foreign vessels

“Except pursuant to international treaty, convention, or agreement, to which the United States is a party, subchapters A through C and this subchapter shall not apply to any foreign vessel that is not destined for, or departing from, a port or place subject to the jurisdiction of the United States and that is in—

“(1) innocent passage through the territorial sea of the United States; or

“(2) transit through the navigable waters of the United States that form a part of an international strait.

§ 70034. Regulations

“(a) In general.—In accordance with section 553 of title 5, the Secretary shall issue, and may from time to time amend or repeal, regulations necessary to implement subchapters A through C and this subchapter.

“(b) Consultation.—In the exercise of the regulatory authority under subchapters A through C and this subchapter, the Secretary shall consult with, and receive and consider the views of all interested persons, including—

“(1) interested Federal departments and agencies;

“(2) officials of State and local governments;

“(3) representatives of the maritime community;

“(4) representatives of port and harbor authorities or associations;

“(5) representatives of environmental groups;

“(6) any other interested persons who are knowledgeable or experienced in dealing with problems involving vessel safety, port and waterways safety, and protection of the marine environment; and

“(7) advisory committees consisting of all interested segments of the public when the establishment of such committees is considered necessary because the issues involved are highly complex or controversial.

§ 70035. Investigatory powers

“(a) Secretary.—The Secretary may investigate any incident, accident, or act involving the loss or destruction of, or damage to, any structure subject to subchapters A through C and this subchapter, or that affects or may affect the safety or environmental quality of the ports, harbors, or navigable waters of the United States.

“(b) Powers.—In an investigation under this section, the Secretary may issue subpoenas to require the attendance of witnesses and the production of documents or other evidence relating to such incident, accident, or act. If any person refuses to obey a subpoena, the Secretary may request the Attorney General to invoke the aid of the appropriate district court of the United States to compel compliance with the subpoena. Any district court of the United States may, in the case of refusal to obey a subpoena, issue an order requiring compliance with the subpoena, and failure to obey the order may be punished by the court as contempt. Witnesses may be paid fees for travel and attendance at rates not exceeding those allowed in a district court of the United States.

§ 70036. Enforcement

“(a) Civil penalty.—

“(1) IN GENERAL.—Any person who is found by the Secretary, after notice and an opportunity for a hearing, to have violated subchapters A through C or this subchapter or a regulation issued under subchapters A through C or this subchapter shall be liable to the United States for a civil penalty, not to exceed $25,000 for each violation. Each day of a continuing violation shall constitute a separate violation. The amount of such civil penalty shall be assessed by the Secretary, or the Secretary’s designee, by written notice. In determining the amount of such penalty, the Secretary shall take into account the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require.

“(2) COMPROMISE, MODIFICATION, OR REMISSION.—The Secretary may compromise, modify, or remit, with or without conditions, any civil penalty that is subject to imposition or that has been imposed under this section.

“(3) FAILURE TO PAY PENALTY.—If any person fails to pay an assessment of a civil penalty after it has become final, the Secretary may refer the matter to the Attorney General of the United States, for collection in any appropriate district court of the United States.

“(b) Criminal penalty.—

“(1) CLASS D FELONY.—Any person who willfully and knowingly violates subchapters A through C or this subchapter or any regulation issued thereunder commits a class D felony.

“(2) CLASS C FELONY.—Any person who, in the willful and knowing violation of subchapters A through C or this subchapter or of any regulation issued thereunder, uses a dangerous weapon, or engages in conduct that causes bodily injury or fear of imminent bodily injury to any officer authorized to enforce the provisions of such a subchapter or the regulations issued under such subchapter, commits a class C felony.

“(c) In rem liability.—Any vessel that is used in violation of subchapters A, B, or C or this subchapter, or any regulations issued under such subchapter, shall be liable in rem for any civil penalty assessed pursuant to subsection (a) and may be proceeded against in the United States district court for any district in which such vessel may be found.

“(d) Injunction.—The United States district courts shall have jurisdiction to restrain violations of subchapter A, B, or C or this subchapter or of regulations issued under such subchapter, for cause shown.

“(e) Denial of entry.—Except as provided in section 70021, the Secretary may, subject to recognized principles of international law, deny entry by any vessel that is not in compliance with subchapter A, B, or C or this subchapter or the regulations issued under such subchapter—

“(1) into the navigable waters of the United States; or

“(2) to any port or place under the jurisdiction of the United States.

“(f) Withholding of clearance.—

“(1) IN GENERAL.—If any owner, operator, or individual in charge of a vessel is liable for a penalty or fine under this section, or if reasonable cause exists to believe that the owner, operator, or individual in charge may be subject to a penalty or fine under this section, the Secretary of the Treasury, upon the request of the Secretary, shall with respect to such vessel refuse or revoke any clearance required by section 60105 of title 46.

“(2) GRANTING CLEARANCE REFUSED OR REVOKED.—Clearance refused or revoked under this subsection may be granted upon filing of a bond or other surety satisfactory to the Secretary.”.

(b) Clerical amendment.—The analysis at the beginning of such subtitle is amended by inserting before the item relating to chapter 701 the following:




SEC. 4402. Conforming amendments.

(a) Electronic charts.—

(1) TRANSFER OF PROVISION.—Section 4A of the Ports and Waterways Safety Act (33 U.S.C. 1223a)—

(A) is redesignated as section 3105 of title 46, United States Code, and transferred to appear after section 3104 of that title; and

(B) is amended by striking subsection (b) and inserting the following:

“(b) Limitation on Application.—Except pursuant to an international treaty, convention, or agreement, to which the United States is a party, this section shall not apply to any foreign vessel that is not destined for, or departing from, a port or place subject to the jurisdiction of the United States and that is in—

“(1) innocent passage through the territorial sea of the United States; or

“(2) transit through the navigable waters of the United States that form a part of an international strait.”.

(2) CLERICAL AMENDMENT.—The analysis at the beginning of chapter 31 of such title is amended by adding at the end the following:


“3105. Electronic charts.”.

(b) Port, harbor, and coastal facility security.—

(1) TRANSFER OF PROVISIONS.—So much of section 7 of the Ports and Waterways Safety Act (33 U.S.C. 1226) as precedes subsection (c) of that section is redesignated as section 70116 of title 46, United States Code, and transferred so as to replace section 70116 of that title, as in effect before the enactment of this Act.

(2) DEFINITIONS, ADMINISTRATION, AND ENFORCEMENT.—Section 70116 of title 46, United States Code, as amended by paragraph (1) of this subsection, is amended by adding at the end the following:

“(c) Definitions, administration, and enforcement.—This section shall be treated as part of chapter 700 for purposes of sections 70031, 70032, 70034, 70035, and 70036.”.

(3) CLERICAL AMENDMENT.—The analysis at the beginning of chapter 701 of such title is amended by striking the item relating to section 70116 and inserting the following:


“70116. Port, harbor, and coastal facility security.”.

(c) Nondisclosure of port security plans.—Subsection (c) of section 7 of the Ports and Waterways Safety Act (33 U.S.C. 1226), as so designated before the application of subsection (b)(1) of this section—

(1) is redesignated as subsection (f) of section 70103 of title 46, United States Code, and transferred so as to appear after subsection (e) of such section; and

(2) is amended by striking “this Act” and inserting “this chapter”.

(d) Repeal.—Section 2307 of title 46, United States Code, and the item relating to that section in the analysis at the beginning of chapter 23 of that title, are repealed.

(e) Repeal.—The Ports and Waterways Safety Act (33 U.S.C. 1221–1231, 1232–1232b), as amended by this division, is repealed.

SEC. 4403. Transitional and savings provisions.

(a) Definitions.—In this section:

(1) SOURCE PROVISION.—The term “source provision” means a provision of law that is replaced by a title 46 provision under this title.

(2) TITLE 46 PROVISION.—The term “title 46 provision” means a provision of title 46, United States Code, that is enacted by section 4402 of this title.

(b) Cutoff date.—The title 46 provisions replace certain provisions of law enacted before the date of the enactment of this Act. If a law enacted after that date amends or repeals a source provision, that law is deemed to amend or repeal, as the case may be, the corresponding title 46 provision. If a law enacted after that date is otherwise inconsistent with a title 46 provision or a provision of this title, that law supersedes the title 46 provision or provision of this title to the extent of the inconsistency.

(c) Original date of enactment unchanged.—For purposes of determining whether one provision of law supersedes another based on enactment later in time, a title 46 provision is deemed to have been enacted on the date of enactment of the source provision that the title 46 provision replaces.

(d) References to title 46 provisions.—A reference to a title 46 provision, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding source provision.

(e) References to source provisions.—A reference to a source provision, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding title 46 provision.

(f) Regulations, orders, and other administrative actions.—A regulation, order, or other administrative action in effect under a source provision continues in effect under the corresponding title 46 provision.

(g) Actions taken and offenses committed.—An action taken or an offense committed under a source provision is deemed to have been taken or committed under the corresponding title 46 provision.

SEC. 4404. Rule of construction.

This title, including the amendments made by this title, is intended only to transfer provisions of the Ports and Waterways Safety Act to title 46, United States Code, and may not be construed to alter—

(1) the effect of a provision of the Ports and Waterways Safety Act, including any authority or requirement therein;

(2) a department or agency interpretation with respect to the Ports and Waterways Safety Act; or

(3) a judicial interpretation with respect to the Ports and Waterways Safety Act.

SEC. 4405. Advisory committee: repeal.

Section 18 of the Coast Guard Authorization Act of 1991 (Public Law 102–241; 105 Stat. 2213) is repealed.

SEC. 4406. Regattas and marine parades.

(a) In general.—Chapter 700 of title 46, United States Code, as established by section 4401 of this title, is amended by adding at the end the following:

“SUBCHAPTER VREGATTAS AND MARINE PARADES

§ 70041. Regattas and marine parades

“(a) In general.—The Commandant of the Coast Guard may issue regulations to promote the safety of life on navigable waters during regattas or marine parades.

“(b) Detail and use of vessels.—To enforce regulations issued under this section—

“(1) the Commandant may detail any public vessel in the service of the Coast Guard and make use of any private vessel tendered gratuitously for that purpose; and

“(2) upon the request of the Commandant, the head of any other Federal department or agency may enforce the regulations by means of any public vessel of such department and any private vessel tendered gratuitously for that purpose.

“(c) Transfer of authority.—The authority of the Commandant under this section may be transferred by the President for any special occasion to the head of another Federal department or agency whenever in the President’s judgment such transfer is desirable.

“(d) Penalties.—

“(1) IN GENERAL.—For any violation of regulations issued pursuant to this section the following penalties shall be incurred:

“(A) A licensed officer shall be liable to suspension or revocation of license in the manner prescribed by law for incompetency or misconduct.

“(B) Any person in charge of the navigation of a vessel other than a licensed officer shall be liable to a penalty of $5,000.

“(C) The owner of a vessel (including any corporate officer of a corporation owning the vessel) actually on board shall be liable to a penalty of $5,000, unless the violation of regulations occurred without the owner’s knowledge.

“(D) Any other person shall be liable to a penalty of $2,500.

“(2) MITIGATION OR REMISSION.—The Commandant may mitigate or remit any penalty provided for in this subsection in the manner prescribed by law for the mitigation or remission of penalties for violation of the navigation laws.”.

(b) Clerical amendment.—The analysis for chapter 700 of title 46, United States Code, as established by section 4401 of this title, is amended by adding at the end the following:

“SUBCHAPTER E—REGATTAS AND MARINE PARADES


“70041. Regattas and marine parades.”.

(c) Repeal.—The Act of April 28, 1908 (35 Stat. 69, chapter 151; 33 U.S.C. 1233 et seq.), is repealed.

SEC. 4407. Regulation of vessels in territorial waters of United States.

(a) Establishment of subchapter f.—Chapter 700 of title 46, United States Code, as established by section 4401 of this title, is amended by adding at the end the following:

“SUBCHAPTER VIREGULATION OF VESSELS IN TERRITORIAL WATERS OF UNITED STATES

§ 70054. Definitions

“In this subchapter:

“(1) UNITED STATES.—The term ‘United States’ includes all territory and waters, continental or insular, subject to the jurisdiction of the United States.

“(2) TERRITORIAL WATERS.—The term ‘territorial waters of the United States’ includes all waters of the territorial sea of the United States as described in Presidential Proclamation 5928 of December 27, 1988.”.

(b) Regulation of anchorage and movement of vessels during national emergency.—Section 1 of title II of the Act of June 15, 1917 (40 Stat. 220, chapter 30; 50 U.S.C. 191), is amended—

(1) by striking the section designation and all that follows before “by proclamation” and inserting the following:

§ 70051. Regulation of anchorage and movement of vessels during national emergency

“Whenever the President”;

(2) by striking “of the Treasury”;

(3) by striking “of the department in which the Coast Guard is operating”;

(4) by striking “this title” and inserting “this subchapter”; and

(5) by transferring the section so that the section appears before section 70054 of title 46, United States Code (as added by subsection (a) of this section).

(c) Seizure and forfeiture of vessel; fine and imprisonment.—Section 2 of title II of the Act of June 15, 1917 (40 Stat. 220, chapter 30; 50 U.S.C. 192), is amended—

(1) by striking the section designation and all that follows before “agent,” and inserting the following:

§ 70052. Seizure and forfeiture of vessel; fine and imprisonment

“(a) In general.—If any owner,”;

(2) by striking “this title” each place it appears and inserting “this subchapter”; and

(3) by transferring the section so that the section appears after section 70051 of title 46, United States Code (as transferred by subsection (b) of this section).

(d) Enforcement provisions.—Section 4 of title II of the Act of June 15, 1917 (40 Stat. 220, chapter 30; 50 U.S.C. 194), is amended—

(1) by striking all before “may employ” and inserting the following:

§ 70053. Enforcement provisions

“The President”;

(2) by striking “the purpose of this title” and inserting “this subchapter”; and

(3) by transferring the section so that the section appears after section 70052 of title 46, United States Code (as transferred by subsection (c) of this section).

(e) Clerical amendment.—The analysis for chapter 700 of title 46, United States Code, as established by section 4401 of this title, is amended by adding at the end the following:

“SUBCHAPTER F—REGULATION OF VESSELS IN TERRITORIAL WATERS OF UNITED STATES

“70051. Regulation of anchorage and movement of vessels during national emergency.

“70052. Seizure and forfeiture of vessel; fine and imprisonment.

“70053. Enforcement provisions.

“70054. Definitions.”.

SEC. 4408. Port, harbor, and coastal facility security.

(a) Transfer of provisions.—So much of section 7 of the Ports and Waterways Safety Act (33 U.S.C. 1226) as precedes subsection (c) of that section is redesignated as section 70102a of title 46, United States Code, and transferred so as to appear after section 70102 of that title.

(b) Definitions, administration, and enforcement.—Section 70102a of title 46, United States Code, as amended by paragraph (1) of this subsection, is amended by adding at the end the following:

“(c) Definitions, administration, and enforcement.—This section shall be treated as part of chapter 700 for purposes of sections 70031, 70032, 70034, 70035, and 70036.”.

(c) Clerical amendment.—The analysis at the beginning of chapter 701 of such title is amended by inserting after the item relating to section 70102 the following:


“70102a. Port, harbor, and coastal facility security.”.

(d) Nondisclosure of port security plans.—Subsection (c) of section 7 of the Ports and Waterways Safety Act (33 U.S.C. 1226), as so designated before the application of subsection (b)(1) of this section—

(1) is redesignated as subsection (f) of section 70103 of title 46, United States Code, and transferred so as to appear after subsection (e) of such section; and

(2) is amended by striking “this Act” and inserting “this chapter”.

TITLE XLVMaritime Transportation Safety

SEC. 4501. Consistency in marine inspections.

(a) In general.—Section 3305 of title 46, United States Code, is amended by adding at the end the following:

“(d) (1) The Commandant of the Coast Guard shall ensure that Officers in Charge, Marine Inspections consistently interpret regulations and standards under this subtitle and chapter 700 to avoid disruption and undue expense to industry.

“(2) (A) Subject to subparagraph (B), in the event of a disagreement regarding the condition of a vessel or the interpretation of a regulation or standard referred to in subsection (a) between a local Officer in Charge, Marine Inspection conducting an inspection of the vessel and the Officer in Charge, Marine Inspection that issued the most recent certificate of inspection for the vessel, such Officers shall seek to resolve such disagreement.

“(B) If a disagreement described in subparagraph (A) involves vessel design or plan review, the Coast Guard marine safety center shall be included in all efforts to resolve such disagreement.

“(C) If a disagreement described in subparagraph (A) or (B) cannot be resolved, the local Officer in Charge, Marine Inspection shall submit to the Commandant of the Coast Guard, through the cognizant Coast Guard district commander, a request for a final agency determination of the matter in disagreement.

“(3) The Commandant of the Coast Guard shall—

“(A) provide to each person affected by a decision or action by an Officer in Charge, Marine Inspection or by the Coast Guard marine safety center all information necessary for such person to exercise any right to appeal such decision or action; and

“(B) if such an appeal is filed, process such appeal under parts 1 through 4 of title 46, Code of Federal Regulations, as in effect on the date of enactment of the Coast Guard Authorization Act of 2017.

“(4) In this section, the term ‘Officer in Charge, Marine Inspection’ means any person from the civilian or military branch of the Coast Guard who—

“(A) is designated as such by the Commandant; and

“(B) under the superintendence and direction of the cognizant Coast Guard district commander, is in charge of an inspection zone for the performance of duties with respect to the inspections under, and enforcement and administration of, subtitle II, chapter 700, and regulations under such laws.”.

(b) Report on marine inspector training.—Not later than 1 year after the date of the enactment of this Act, the Commandant of the Coast Guard shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the training, experience, and qualifications required for assignment as a marine inspector under section 312 of title 14, United States Code, including—

(1) a description of any continuing education requirement, including a specific list of the required courses;

(2) a description of the training, including a specific list of the included courses, offered to a journeyman or an advanced journeyman marine inspector to advance inspection expertise;

(3) a description of any training that was offered in the 15-year period before the date of the enactment of this Act, but is no longer required or offered, including a specific list of the included courses, including the senior marine inspector course and any plan review courses;

(4) a justification for why a course described in paragraph (3) is no longer required or offered; and

(5) a list of the course content the Commandant considers necessary to promote consistency among marine inspectors in an environment of increasingly complex vessels and vessel systems.

SEC. 4502. Uninspected passenger vessels in St. Louis County, Minnesota.

Section 4105 of title 46, United States Code, amended—

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

(2) by inserting after subsection (b) the following:

“(c) In applying this title with respect to an uninspected vessel of less than 25 feet overall in length that carries passengers on Crane Lake or waters contiguous to such lake in St. Louis County, Minnesota, the Secretary shall substitute ‘12 passengers’ for ‘6 passengers’ each place it appears in section 2101(42).”.

SEC. 4503. Engine cut-off switch requirements.

(a) In general.—Chapter 43 of title 46, United States Code, is amended by adding at the end the following:

§ 4312. Engine cut-off switches

“(a) Installation requirement.—A manufacturer, distributor, or dealer that installs propulsion machinery and associated starting controls on a covered recreational vessel shall equip such vessel with an engine cut-off switch and engine cut-off switch link that meet American Boat and Yacht Council Standard A-33, as in effect on the date of the enactment of the Coast Guard Authorization Act of 2017.

“(b) Education on cut-off switches.—The Commandant of the Coast Guard, through the National Boating Safety Advisory Committee established under section 15105, may initiate a boating safety program on the use and benefits of cut-off switches for recreational vessels.

“(c) Availability of Standard for inspection.—

“(1) IN GENERAL.—Not later than 90 days after the date of the enactment of this section, the Commandant shall transmit American Boat and Yacht Council Standard A–33, as in effect on the date of enactment of the Coast Guard Authorization Act of 2017, to—

“(A) the Committee on Transportation and Infrastructure of the House of Representatives;

“(B) the Committee on Commerce, Science, and Transportation of the Senate; and

“(C) the Coast Guard Office of Design and Engineering Standards; and

“(D) the National Archives and Records Administration.

“(2) AVAILABILITY.—The standard submitted under paragraph (1) shall be kept on file and available for public inspection at such Coast Guard office and the National Archives and Records Administration.

“(d) Definitions.—In this section:

“(1) COVERED RECREATIONAL VESSEL.—The term ‘covered recreational vessel’ means a recreational vessel that is—

“(A) less than 26 feet overall in length; and

“(B) capable of developing 115 pounds or more of static thrust.

“(2) DEALER.—The term ‘dealer’ means any person who is engaged in the sale and distribution of recreational vessels or associated equipment to purchasers whom the seller in good faith believes to be purchasing any such vessel or associated equipment for purposes other than resale.

“(3) DISTRIBUTOR.—The term ‘distributor’ means any person engaged in the sale and distribution of recreational vessels and associated equipment for the purposes of resale.

“(4) MANUFACTURER.—The term ‘equipment manufacturer’ means any person engaged in the manufacture, construction, or assembly of recreational vessels or associated equipment, or the importation of recreational vessels into the United States for subsequent sale.

“(5) PROPULSION MACHINERY.—The term ‘propulsion machinery’ means a self-contained propulsion system, and includes, but is not limited to, inboard engines, outboard motors, and sterndrive engines.

“(6) STATIC THRUST.—The term ‘static thrust’ means the forward or backwards thrust developed by propulsion machinery while stationary.”.

(b) Clerical amendment.—The analysis at the beginning of such chapter is amended by adding at the end the following:


“4312. Engine cut-off switches.”.

(c) Effective date.—Section 4312 of title 46, United States Code, as amended by this section, shall take effect one year after the date of the enactment of this Act.

SEC. 4504. Exception from survival craft requirements.

Section 4502(b) of title 46, United States Code, is amended—

(1) in paragraph (2)(B), by striking “a survival craft” and inserting “subject to paragraph (3), a survival craft”;

(2) by adding at the end the following:

“(3) Except for a nonapplicable vessel, an auxiliary craft shall satisfy the equipment requirement under paragraph (2)(B) if such craft is—

“(A) necessary for normal fishing operations;

“(B) readily accessible during an emergency; and

“(C) capable, in accordance with the Coast Guard capacity rating, when applicable, of safely holding all individuals on board the vessel to which the craft functions as an auxiliary.”; and

(3) by adding at the end the following:

“(k) For the purposes of this section, the term ‘auxiliary craft’ means a vessel that is carried onboard a fishing vessel and is normally used to support fishing operations.”.

SEC. 4505. Safety standards.

Section 4502(f) of title 46, United States Code, is amended by striking paragraphs (2) and (3) and inserting the following:

“(2) shall examine at dockside a vessel described in subsection (b) at least once every 5 years, but may require an exam at dockside every 2 years for certain vessels described in subsection (b) if requested by the owner or operator; and

“(3) shall issue a certificate of compliance to a vessel meeting the requirements of this chapter and satisfying the requirements in paragraph (2).”.

SEC. 4506. Fishing safety grants.

Section 4502 of title 46, United States Code, is amended—

(1) in subsections (i) and (j), by striking “Secretary” each place it appears and inserting “Secretary of Health and Human Services”;

(2) in subsection (i)(2), as amended by paragraph (1), by inserting “, in consultation with and based on criteria established by the Commandant of the Coast Guard” after “Health and Human Services”;

(3) in subsection (i)(3), by striking “75” and inserting “50”;

(4) in subsection (i)(4), by striking “$3,000,000 for each of fiscal years 2015 through 2017” and inserting “$3,000,000 for each of fiscal years 2018 through 2019”;

(5) in subsection (j)(2), as amended by paragraph (1), by inserting “, in consultation with and based on criteria established by the Commandant of the Coast Guard,” after “Health and Human Services”;

(6) in subsection (j)(3), by striking “75” and inserting “50”; and

(7) in subsection (j)(4), by striking “$3,000,000 for each fiscal years 2015 through 2017” and inserting “$3,000,000 for each of fiscal years 2018 through 2019”.

SEC. 4507. Fishing, fish tender, and fish processing vessel certification.

Section 4503(f) of title 46, United States Code, as redesignated by section 4508 of this title, is further amended to read as follows:

“(f) (1) For purposes of this section and section 4503a, the term ‘built’ means, with respect to a vessel, that the vessel’s construction has reached any of the following stages:

“(A) The vessel’s keel is laid.

“(B) Construction identifiable with the vessel has begun and assembly of that vessel has commenced comprising of at least 50 metric tons or one percent of the estimated mass of all structural material, whichever is less.

“(2) In the case of a vessel greater than 79 feet overall in length, for purposes of paragraph (1)(A) a keel is deemed to be laid when a marine surveyor affirms that a structure adequate for serving as a keel for such vessel is in place and identified for use in the construction of such vessel.”.

SEC. 4508. Deadline for compliance with alternate safety compliance program.

(a) In general.—Section 4503(d) of title 46, United States Code, is redesignated as section 4503a and transferred to appear after section 4503 of such title.

(b) Fishing, fish tender, and fish processing vessel certification.—Section 4503 of title 46, United States Code, is amended—

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

(2) in subsection (b), by striking “subsection (d)” and inserting “section 4503a”;

(3) in subsection (c)(2)(B)(ii)(I), by striking “subsection (e)” and inserting “subsection (d)”;

(4) in subsection (c)(2)(B)(ii)(II), by striking “subsection (f)” and inserting “subsection (e)”;

(5) in subsection (e)(1), as amended by paragraph (1) of this subsection, by striking “subsection (e)” each place it appears and inserting “subsection (d)”; and

(6) in subsection (e)(2), as amended by paragraph (1) of this subsection, by striking “subsection (e)” each place it appears and inserting “subsection (d)”;

(c) Alternate safety compliance program.—Section 4503a of title 46, United States Code, as redesignated and transferred by subsection (a) of this section, is amended—

(1) by redesignating paragraphs (1), (2), (3), (4), and (5) as subsections (a), (b), (c), (d), and (e), respectively;

(2) by inserting before subsection (a), as so redesignated, the following:

§ 4503a. Alternate safety compliance program”;

(3) in subsection (a), as redesignated by paragraph (1) of this subsection, by striking “After January 1, 2020,” and all that follows through “the Secretary, if” and inserting “Subject to subsection (c), beginning on the date that is 3 years after the date that the Secretary prescribes an alternate safety compliance program, a fishing vessel, fish processing vessel, or fish tender vessel to which section 4502(b) of this title applies shall comply with such an alternate safety compliance program, if”;

(4) in subsection (a), as so redesignated, by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively;

(5) in subsection (b), as so redesignated, by striking “establishes standards for an alternate safety compliance program, shall comply with such an alternative safety compliance program that is developed in cooperation with the commercial fishing industry and prescribed by the Secretary” and inserting “prescribes an alternate safety compliance program under subsection (a), shall comply with such an alternate safety compliance program”;

(6) by amending subsection (c), as so redesignated, to read as follows:

“(c) For purposes of subsection (a), a separate alternate safety compliance program may be developed for a specific region or specific fishery.”;

(7) in subsection (d), as so redesignated—

(A) by striking “paragraph (1)” and inserting “subsection (a)”; and

(B) by striking “that paragraph” each place it appears and inserting “that subsection”;

(8) in subsection (e), as so redesignated, by—

(A) inserting “is not eligible to participate in an alternative safety compliance program prescribed under subsection (a) and” after “July 1, 2012”; and

(B) redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively;

(9) by adding at the end the following:

“(f) For the purposes of this section, the term ‘built’ has the meaning given that term in section 4503(f).”.

(d) Clerical amendment.—The analysis at the beginning of chapter 45 of such title is amended by inserting after the item relating to section 4503 the following


“4503a. Alternate safety compliance program.”.

(e) Conforming amendment.—Section 3104 of title 46, United States Code, is amended by striking “section 4503(e)” and inserting “section 4503(d)”.

(f) Final rule.—Not later than 1 year after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall issue a final rule implementing the requirements enumerated in section 4503(d) of title 46, as amended by subsection (b)(1) of this section.

(g) Alternate safety compliance program status report.—

(1) IN GENERAL.—Not later than January 1, 2019, the Secretary of the department in which the Coast Guard is operating shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the status of the development of the alternate safety compliance program directed by section 4503a of title 46, United States Code, as redesignated by subsection (c).

(2) CONTENTS.—The report required under paragraph (1) shall include discussion of—

(A) steps taken in the rulemaking process to establish the alternate safety compliance program;

(B) communication and collaboration between the Coast Guard, the department in which the Coast Guard is operating, and the commercial fishing vessel industry regarding the development of the alternate safety compliance program;

(C) consideration given to developing alternate safety compliance programs for specific regions and fisheries, as authorized in section 4503a(c) of such title, as redesignated by subsection (c);

(D) any identified legislative changes necessary to implement an effective alternate safety compliance program; and

(E) the timeline and planned actions that will be taken to implement regulations necessary to fully establish an alternate safety compliance program before January 1, 2020.

SEC. 4509. Termination of unsafe operations; technical correction.

Section 4505(2) of title 46, United States Code, is amended—

(1) by striking “4503(1)” and inserting “4503(a)(2)”; and

(2) by inserting before the period the following: “, except that this paragraph shall not apply with respect to a vessel to which section 4503a applies”.

SEC. 4510. Technical corrections: Licenses, certificates of registry, and merchant mariner documents.

Title 46, United States Code, is amended—

(1) in section 7106(b), by striking “merchant mariner’s document,” and inserting “license,”;

(2) in section 7107(b), by striking “merchant mariner’s document,” and inserting “certificate of registry,”;

(3) in section 7507(b)(1), by striking “licenses or certificates of registry” and inserting “merchant mariner documents”; and

(4) in section 7507(b)(2) by striking “merchant mariner’s document.” and inserting “license or certificate of registry.”.

SEC. 4511. Clarification of logbook entries.

(a) In general.—Section 11304 of title 46, United States Code, is amended—

(1) in subsection (a), by striking “an official logbook, which” and inserting “a logbook, which may be in any form, including electronic, and”; and

(2) in subsection (b), by amending paragraph (3) to read as follows:

“(3) Each illness of, and injury to, a seaman of the vessel, the nature of the illness or injury, and the medical treatment provided for the injury or illness.”.

(b) Technical amendment.—Section 11304(b) is amended by striking “log book” and inserting “logbook”.

SEC. 4512. Certificates of documentation for recreational vessels.

Section 12105 of title 46, United States Code, is amended by adding at the end the following:

“(e) Effective Period.—

“(1) IN GENERAL.—Except as provided in paragraphs (2) and (3), a certificate of documentation issued under this part is valid for a 1-year period and may be renewed for additional 1-year periods.

“(2) RECREATIONAL VESSELS.—

“(A) IN GENERAL.—A certificate of documentation for a recreational vessel and the renewal of such a certificate shall be effective for a 5-year period.

“(B) PHASE-IN PERIOD.—During the period beginning January 1, 2019, and ending December 31, 2021, the owner or operator of a recreational vessel may choose a period of effectiveness of between 1 and 5 years for such a certificate of documentation for such vessel or the renewal thereof.

“(C) FEES.—

“(i) REQUIREMENT.—The Secretary shall assess and collect a fee—

“(I) for the issuance of a certificate of documentation for a recreational vessel that is equivalent to the fee established for the issuance of a certificate of documentation under section 2110; and

“(II) for the renewal of a certificate of documentation for a recreational vessel that is equivalent to the number of years of effectiveness of the certificate of documentation multiplied by the fee established for the renewal of a certificate of documentation under section 2110.

“(ii) TREATMENT.—Fees collected under this subsection—

“(I) shall be credited to the account from which the costs of such issuance or renewal were paid; and

“(II) may remain available until expended.

“(3) NOTICE OF CHANGE IN INFORMATION.—

“(A) REQUIREMENT.—The owner of a vessel shall notify the Coast Guard of each change in the information on which the issuance of the certificate of documentation for the vessel is based that occurs before the expiration of the certificate under this subsection, by not later than 30 days after such change.

“(B) TERMINATION OF CERTIFICATE.—The certificate of documentation for a vessel shall terminate upon the expiration of such 30-day period if the owner has not notified the Coast Guard of such change before the end of such period.

“(4) STATE AND LOCAL AUTHORITY TO REMOVE ABANDONED AND DERELICT VESSELS.—Nothing in this section shall be construed to limit the authority of a State or local authority from taking action to remove an abandoned or derelict vessel.”.

SEC. 4513. Numbering for undocumented barges.

Section 12301(b) of title 46, United States Code, is amended—

(1) by striking “shall” and inserting “may”; and

(2) by inserting “of” after “barge”.

SEC. 4514. Backup global positioning system.

(a) Short title.—This section may be cited as the “National Timing Resilience and Security Act of 2018”.

(b) In general.—Chapter 3 of title 49, United States Code, is amended by adding at the end the following:

§ 312. Alternative timing system

“(a) In general.—Subject to the availability of appropriations and not later than 3 years after the date of the enactment of the National Timing Resilience and Security Act of 2018, the Secretary shall establish a land-based, resilient, and reliable alternative timing system—

“(1) to reduce critical dependencies on, and provide a complement to and backup for, the timing component of the Global Positioning System; and

“(2) to ensure the availability of uncorrupted and non-degraded timing signals for military and civilian users in the event that GPS timing signals are corrupted, degraded, unreliable, or otherwise unavailable.

“(b) Establishment of requirements.—

“(1) IN GENERAL.—Not later than 180 days after the date of enactment of the National Timing Resilience and Security Act of 2018, the Secretary shall establish requirements for the procurement of a land-based complement to and backup for the timing component of GPS.

“(2) REQUIREMENTS.—The Secretary shall consider the following requirements for the system, to the degree practicable:

“(A) Be wireless.

“(B) Be terrestrial.

“(C) Provide wide-area coverage.

“(D) Be synchronized with coordinated universal time.

“(E) Be resilient and extremely difficult to disrupt or degrade.

“(F) Be able to penetrate underground and inside buildings.

“(G) Be capable of deployment to remote locations.

“(H) Incorporate the expertise of the private sector with respect to development, building, and installation.

“(I) Be interoperable with and complement other similar positioning, navigation, and timing systems, including enhanced long-range navigation systems and Nationwide Differential GPS systems.

“(J) Be available for use by Federal and non-Federal government agencies for public purposes at no cost.

“(K) Be capable of adaptation and expansion to provide position and navigation capabilities.

“(L) Incorporate the recommendations and next actions from any GPS back-up capability demonstration program initiated and completed by the Secretary, in coordination with other Federal agencies.

“(M) Incorporate such other requirements determined necessary by the Secretary.

“(c) Implementation plan.—Not later than 1 year after the date of enactment of the National Timing Resilience and Security Act of 2018, the Secretary shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a plan to implement the establishment of the system authorized by subsection (a). Such plan shall describe the work necessary to provide a follow-on complementary and backup positioning and navigation capability.

“(d) Funding.—

“(1) IN GENERAL.—The Secretary of the department in which the Coast Guard is operating shall transfer, without reimbursement, to the Secretary to carry out this section the following:

“(A) Notwithstanding section 914 of title 14, or any other provision of law, such infrastructure comprising the Long-Range Navigation (LORAN) system, including any real and personal property under the administrative control of the Coast Guard and used for the LORAN system, as the Secretary determines necessary for the purposes described in subsection (a).

“(B) Any funds specifically appropriated or made available for the purposes described in subsection (a), and such funds shall remain available until expended, without fiscal year limitation.

“(2) LIABILITIES AND RESPONSIBILITIES.—

“(A) Nothing in this subsection may be construed to limit the application of or otherwise affect section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)).

“(B) The Secretary shall assume all environmental compliance and restoration responsibilities and liabilities associated with real property transferred under paragraph (1)(A).

“(e) Agreement.—

“(1) IN GENERAL.—Federal agencies may not make commitments under this section (including cooperative agreements (as that term is defined under section 6305 of title 31), leases, service contracts, or any other type of commitment) unless funds are specifically provided for such purposes in advance in subsequent appropriations Acts, and only to the extent that the full extent of anticipated costs stemming from such commitments is recorded as an obligation up front and in full at the time it is made.

“(2) COMPETITION REQUIRED.—The Secretary shall use competitive procedures similar to those authorized under section 2667 of title 10 in selecting an entity to enter into an agreement to fulfill the purpose or this section.

“(3) DETERMINATION.—Prior to entering into any agreement under this subsection, the Secretary must determine that the use of such agreement is in the best financial interest of the Federal Government.

“(f) Definitions.—In this section:

“(1) ENTITY.—The term ‘entity’ means a non-Federal entity with the demonstrated technical expertise and requisite administrative and financial resources to meet any such terms and conditions as may be established by the Secretary.

“(2) GPS.—The term ‘GPS’ means the Global Positioning System.

“(3) SECRETARY.—The term ‘Secretary’ means the Secretary of Transportation.”.

(c) Table of contents.—The table of contents for chapter 3 of title 49, United States Code, is amended by adding at the end the following:


“312. Alternative timing system.”.

SEC. 4515. Scientific personnel.

Section 2101(31) of title 46, United States Code, is amended—

(1) by inserting “(A) Subject to subparagraph (B),” before the text; and

(2) by adding at the end the following:

“(B) (i) Such term includes an individual who is on board an oceanographic research vessel only to—

“(I) engage in scientific research;

“(II) instruct in oceanography or limnology; or

“(III) receive instruction in oceanography or limnology.

“(ii) For purposes of clause (i), the age of an individual may not be considered in determining whether the individual is described in such clause.”.

SEC. 4516. Transparency.

(a) In general.—The Commandant of the Coast Guard shall publish any letter of determination issued by the Coast Guard National Vessel Documentation Center after the date of the enactment of this Act on the National Vessel Documentation Center website not later than 30 days after the date of issuance of such letter of determination.

(b) Audit.—

(1) IN GENERAL.—The Comptroller General of the United States shall conduct an audit, the results of which shall be made publicly available, of—

(A) the method or process by which the Coast Guard National Vessel Documentation Center develops policy for and documents compliance with the requirements of section 67.97 of title 46, Code of Federal Regulations, for the purpose of issuing endorsements under section 12112 and 12113 of title 46, United States Code;

(B) the coordination between the Coast Guard and U.S. Customs and Border Protection with respect to the enforcement of such requirements; and

(C) the extent to which the Secretary of the department in which the Coast Guard is operating and the Secretary of Transportation, through the Maritime Administration, have published and disseminated information to promote compliance with applicable vessel construction requirements.

(2) REPORT.—Not later than 90 days after the audit under paragraph (1) is complete, the Comptroller General of the United States shall submit to 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 the results of and recommendations made pursuant to such audit.

(c) Outline.—Not later than 180 days after the date of the submission of the Comptroller General of the United States report required under subsection (b), the Commandant of the Coast Guard shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an outline of plans—

(1) to enhance the transparency of the documentation process, and communications with the maritime industry regarding such process over the next 5 years; and

(2) to implement the recommendations made by the Comptroller General of the United States in the report required under subsection (b)(2).

TITLE XLVIAdvisory Committees

SEC. 4601. National maritime transportation advisory committees.

(a) In general.—Subtitle II of title 46, United States Code, is amended by adding at the end the following:

“PART KNATIONAL MARITIME TRANSPORTATION ADVISORY COMMITTEES

“CHAPTER 151NATIONAL MARITIME TRANSPORTATION ADVISORY COMMITTEES


“Sec.

“15101. National Chemical Transportation Safety Advisory Committee.

“15102. National Commercial Fishing Safety Advisory Committee.

“15103. National Merchant Marine Personnel Advisory Committee.

“15104. National Merchant Mariner Medical Advisory Committee.

“15105. National Boating Safety Advisory Committee.

“15106. National Offshore Safety Advisory Committee.

“15107. National Navigation Safety Advisory Committee.

“15108. National Towing Safety Advisory Committee.

“15109. Administration.

§ 15101. National Chemical Transportation Safety Advisory Committee

“(a) Establishment.—There is established a National Chemical Transportation Safety Advisory Committee (in this section referred to as the ‘Committee’).

“(b) Function.—The Committee shall advise the Secretary on matters relating to the safe and secure marine transportation of hazardous materials.

“(c) Membership.—

“(1) IN GENERAL.—The Committee shall consist of not more than 25 members appointed by the Secretary in accordance with this section and section 15109 of this chapter.

“(2) EXPERTISE.—Each member of the Committee shall have particular expertise, knowledge, and experience in matters relating to the function of the Committee.

“(3) REPRESENTATION.—Each member of the Committee shall represent 1 of the following:

“(A) Chemical manufacturing entities.

“(B) Entities related to marine handling or transportation of chemicals.

“(C) Vessel design and construction entities.

“(D) Marine safety or security entities.

“(E) Marine environmental protection entities.

“(4) DISTRIBUTION.—The Secretary shall, based on the needs of the Coast Guard, determine the number of members of the Committee who represent each entity specified in paragraph (3). Neither this paragraph nor any other provision of law shall be construed to require an equal distribution of members representing each entity specified in paragraph (3).

§ 15102. National Commercial Fishing Safety Advisory Committee

“(a) Establishment.—There is established a National Commercial Fishing Safety Advisory Committee (in this section referred to as the ‘Committee’).

“(b) Function.—The Committee shall—

“(1) advise the Secretary on matters relating to the safe operation of vessels to which chapter 45 of this title applies, including the matters of—

“(A) navigation safety;

“(B) safety equipment and procedures;

“(C) marine insurance;

“(D) vessel design, construction, maintenance, and operation; and

“(E) personnel qualifications and training; and

“(2) review regulations proposed under chapter 45 of this title (during preparation of the regulations).

“(c) Membership.—

“(1) IN GENERAL.—The Committee shall consist of 18 members appointed by the Secretary in accordance with this section and section 15109 of this chapter.

“(2) EXPERTISE.—Each member of the Committee shall have particular expertise, knowledge, and experience in matters relating to the function of the Committee.

“(3) REPRESENTATION.—Members of the Committee shall be appointed as follows:

“(A) 10 members shall represent the commercial fishing industry and—

“(i) as a group, shall together reflect a regional and representational balance; and

“(ii) as individuals, shall each have experience—

“(I) in the operation of vessels to which chapter 45 of this title applies; or

“(II) as a crew member or processing line worker on a fish processing vessel.

“(B) 1 member shall represent naval architects and marine engineers.

“(C) 1 member shall represent manufacturers of equipment for vessels to which chapter 45 of this title applies.

“(D) 1 member shall represent education and training professionals related to fishing vessel, fish processing vessel, and fish tender vessel safety and personnel qualifications.

“(E) 1 member shall represent underwriters that insure vessels to which chapter 45 of this title applies.

“(F) 1 member shall represent owners of vessels to which chapter 45 of this title applies.

“(G) 3 members shall represent the general public and, to the extent possible, shall include—

“(i) an independent expert or consultant in maritime safety;

“(ii) a marine surveyor who provides services to vessels to which chapter 45 of this title applies; and

“(iii) a person familiar with issues affecting fishing communities and the families of fishermen.

§ 15103. National Merchant Marine Personnel Advisory Committee

“(a) Establishment.—There is established a National Merchant Marine Personnel Advisory Committee (in this section referred to as the ‘Committee’).

“(b) Function.—The Committee shall advise the Secretary on matters relating to personnel in the United States merchant marine, including the training, qualifications, certification, documentation, and fitness of mariners.

“(c) Membership.—

“(1) IN GENERAL.—The Committee shall consist of 19 members appointed by the Secretary in accordance with this section and section 15109 of this chapter.

“(2) EXPERTISE.—Each member of the Committee shall have particular expertise, knowledge, and experience in matters relating to the function of the Committee.

“(3) REPRESENTATION.—Members of the Committee shall be appointed as follows:

“(A) 9 members shall represent mariners and, of the 9—

“(i) each shall—

“(I) be a citizen of the United States; and

“(II) hold an active license or certificate issued under chapter 71 of this title or a merchant mariner document issued under chapter 73 of this title;

“(ii) 3 shall be deck officers who represent merchant marine deck officers and, of the 3—

“(I) 2 shall be licensed for oceans any gross tons;

“(II) 1 shall be licensed for inland river route with a limited or unlimited tonnage;

“(III) 2 shall have a master’s license or a master of towing vessels license;

“(IV) 1 shall have significant tanker experience; and

“(V) to the extent practicable—

“(aa) 1 shall represent labor; and

“(bb) 1 shall represent management;

“(iii) 3 shall be engineering officers who represent merchant marine engineering officers and, of the 3—

“(I) 2 shall be licensed as chief engineer any horsepower;

“(II) 1 shall be licensed as either a limited chief engineer or a designated duty engineer; and

“(III) to the extent practicable—

“(aa) 1 shall represent labor; and

“(bb) 1 shall represent management;

“(iv) 2 shall be unlicensed seamen who represent merchant marine unlicensed seaman and, of the 2—

“(I) 1 shall represent able-bodied seamen; and

“(II) 1 shall represent qualified members of the engine department; and

“(v) 1 shall be a pilot who represents merchant marine pilots.

“(B) 6 members shall represent marine educators and, of the 6—

“(i) 3 shall be marine educators who represent maritime academies and, of the 3—

“(I) 2 shall represent State maritime academies (and are jointly recommended by such academies); and

“(II) 1 shall represent either State maritime academies or the United States Merchant Marine Academy; and

“(ii) 3 shall be marine educators who represent other maritime training institutions and, of the 3, 1 shall represent the small vessel industry.

“(C) 2 members shall represent shipping companies employed in ship operation management.

“(D) 2 members shall represent the general public.

§ 15104. National Merchant Mariner Medical Advisory Committee

“(a) Establishment.—There is established a National Merchant Mariner Medical Advisory Committee (in this section referred to as the ‘Committee’).

“(b) Function.—The Committee shall advise the Secretary on matters relating to—

“(1) medical certification determinations for the issuance of licenses, certification of registry, and merchant mariners’ documents with respect to merchant mariners;

“(2) medical standards and guidelines for the physical qualifications of operators of commercial vessels;

“(3) medical examiner education; and

“(4) medical research.

“(c) Membership.—

“(1) IN GENERAL.—The Committee shall consist of 14 members appointed by the Secretary in accordance with this section and section 15109 of this chapter.

“(2) EXPERTISE.—Each member of the Committee shall have particular expertise, knowledge, and experience in matters relating to the function of the Committee.

“(3) REPRESENTATION.—Members of the Committee shall be appointed as follows:

“(A) 9 shall represent health-care professionals and have particular expertise, knowledge, and experience regarding the medical examinations of merchant mariners or occupational medicine.

“(B) 5 shall represent professional mariners and have particular expertise, knowledge, and experience in occupational requirements for mariners.

§ 15105. National Boating Safety Advisory Committee

“(a) Establishment.—There is established a National Boating Safety Advisory Committee (in this section referred to as the ‘Committee’).

“(b) Function.—The Committee shall advise the Secretary on matters relating to national boating safety.

“(c) Membership.—

“(1) IN GENERAL.—The Committee shall consist of 21 members appointed by the Secretary in accordance with this section and section 15109 of this chapter.

“(2) EXPERTISE.—Each member of the Committee shall have particular expertise, knowledge, and experience in matters relating to the function of the Committee.

“(3) REPRESENTATION.—Members of the Committee shall be appointed as follows:

“(A) 7 members shall represent State officials responsible for State boating safety programs.

“(B) 7 members shall represent recreational vessel and associated equipment manufacturers.

“(C) 7 members shall represent the general public or national recreational boating organizations and, of the 7, at least 5 shall represent national recreational boating organizations.

§ 15106. National Offshore Safety Advisory Committee

“(a) Establishment.—There is established a National Offshore Safety Advisory Committee (in this section referred to as the ‘Committee’).

“(b) Function.—The Committee shall advise the Secretary on matters relating to activities directly involved with, or in support of, the exploration of offshore mineral and energy resources, to the extent that such matters are within the jurisdiction of the Coast Guard.

“(c) Membership.—

“(1) IN GENERAL.—The Committee shall consist of 15 members appointed by the Secretary in accordance with this section and section 15109 of this chapter.

“(2) EXPERTISE.—Each member of the Committee shall have particular expertise, knowledge, and experience in matters relating to the function of the Committee.

“(3) REPRESENTATION.—Members of the Committee shall be appointed as follows:

“(A) 2 members shall represent entities engaged in the production of petroleum.

“(B) 2 members shall represent entities engaged in offshore drilling.

“(C) 2 members shall represent entities engaged in the support, by offshore supply vessels or other vessels, of offshore mineral and oil operations, including geophysical services.

“(D) 1 member shall represent entities engaged in the construction of offshore exploration and recovery facilities.

“(E) 1 member shall represent entities engaged in diving services related to offshore construction, inspection, and maintenance.

“(F) 1 member shall represent entities engaged in safety and training services related to offshore exploration and construction.

“(G) 1 member shall represent entities engaged in pipelaying services related to offshore construction.

“(H) 2 members shall represent individuals employed in offshore operations and, of the 2, 1 shall have recent practical experience on a vessel or offshore unit involved in the offshore mineral and energy industry.

“(I) 1 member shall represent national environmental entities.

“(J) 1 member shall represent deepwater ports.

“(K) 1 member shall represent the general public (but not a specific environmental group).

§ 15107. National Navigation Safety Advisory Committee

“(a) Establishment.—There is established a National Navigation Safety Advisory Committee (in this section referred to as the ‘Committee’).

“(b) Function.—The Committee shall advise the Secretary on matters relating to maritime collisions, rammings, and groundings, Inland Rules of the Road, International Rules of the Road, navigation regulations and equipment, routing measures, marine information, and aids to navigation systems.

“(c) Membership.—

“(1) IN GENERAL.—The Committee shall consist of not more than 21 members appointed by the Secretary in accordance with this section and section 15109 of this chapter.

“(2) EXPERTISE.—Each member of the Committee shall have particular expertise, knowledge, and experience in matters relating to the function of the Committee.

“(3) REPRESENTATION.—Each member of the Committee shall represent 1 of the following:

“(A) Commercial vessel owners or operators.

“(B) Professional mariners.

“(C) Recreational boaters.

“(D) The recreational boating industry.

“(E) State agencies responsible for vessel or port safety.

“(F) The Maritime Law Association.

“(4) DISTRIBUTION.—The Secretary shall, based on the needs of the Coast Guard, determine the number of members of the Committee who represent each entity specified in paragraph (3). Neither this paragraph nor any other provision of law shall be construed to require an equal distribution of members representing each entity specified in paragraph (3).

§ 15108. National Towing Safety Advisory Committee

“(a) Establishment.—There is established a National Towing Safety Advisory Committee (in this section referred to as the ‘Committee’).

“(b) Function.—The Committee shall advise the Secretary on matters relating to shallow-draft inland navigation, coastal waterway navigation, and towing safety.

“(c) Membership.—

“(1) IN GENERAL.—The Committee shall consist of 18 members appointed by the Secretary in accordance with this section and section 15109 of this chapter.

“(2) EXPERTISE.—Each member of the Committee shall have particular expertise, knowledge, and experience in matters relating to the function of the Committee.

“(3) REPRESENTATION.—Members of the Committee shall be appointed as follows:

“(A) 7 members shall represent the barge and towing industry, reflecting a regional geographic balance.

“(B) 1 member shall represent the offshore mineral and oil supply vessel industry.

“(C) 1 member shall represent masters and pilots of towing vessels who hold active licenses and have experience on the Western Rivers and the Gulf Intracoastal Waterway.

“(D) 1 member shall represent masters of towing vessels in offshore service who hold active licenses.

“(E) 1 member shall represent masters of active ship-docking or harbor towing vessels.

“(F) 1 member shall represent licensed and unlicensed towing vessel engineers with formal training and experience.

“(G) 2 members shall represent port districts, authorities, or terminal operators.

“(H) 2 members shall represent shippers and, of the 2, 1 shall be engaged in the shipment of oil or hazardous materials by barge.

“(I) 2 members shall represent the general public.

§ 15109. Administration

“(a) Meetings.—Each committee established under this chapter shall, at least once each year, meet at the call of the Secretary or a majority of the members of the committee.

“(b) Employee status.—A member of a committee established under this chapter shall not be considered an employee of the Federal Government by reason of service on such committee, except for the purposes of the following:

“(1) Chapter 81 of title 5.

“(2) Chapter 171 of title 28 and any other Federal law relating to tort liability.

“(c) Compensation.—Notwithstanding subsection (b), a member of a committee established under this chapter, when actually engaged in the performance of the duties of such committee, may—

“(1) receive compensation at a rate established by the Secretary, not to exceed the maximum daily rate payable under section 5376 of title 5; or

“(2) if not compensated in accordance with paragraph (1)—

“(A) be reimbursed for actual and reasonable expenses incurred in the performance of such duties; or

“(B) be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5.

“(d) Acceptance of volunteer services.—A member of a committee established under this chapter may serve on such committee on a voluntary basis without pay without regard to section 1342 of title 31 or any other law.

“(e) Status of members.—

“(1) IN GENERAL.—Except as provided in paragraph (2), with respect to a member of a committee established under this chapter whom the Secretary appoints to represent an entity or group—

“(A) the member is authorized to represent the interests of the applicable entity or group; and

“(B) requirements under Federal law that would interfere with such representation and that apply to a special Government employee (as defined in section 202(a) of title 18), including requirements relating to employee conduct, political activities, ethics, conflicts of interest, and corruption, do not apply to the member.

“(2) EXCEPTION.—Notwithstanding subsection (b), a member of a committee established under this chapter shall be treated as a special Government employee for purposes of the committee service of the member if—

“(A) the Secretary appointed the member to represent the general public; or

“(B) the member, without regard to service on the committee, is a special Government employee.

“(f) Service on Committee.—

“(1) SOLICITATION OF NOMINATIONS.—Before appointing an individual as a member of a committee established under this chapter, the Secretary shall publish, in the Federal Register, a timely notice soliciting nominations for membership on such committee.

“(2) APPOINTMENTS.—

“(A) IN GENERAL.—After considering nominations received pursuant to a notice published under paragraph (1), the Secretary may, as necessary, appoint a member to the applicable committee established under this chapter.

“(B) PROHIBITION.—The Secretary shall not seek, consider, or otherwise use information concerning the political affiliation of a nominee in making an appointment to any committee established under this chapter.

“(3) SERVICE AT PLEASURE OF THE SECRETARY.—

“(A) IN GENERAL.—Each member of a committee established under this chapter shall serve at the pleasure of the Secretary.

“(B) EXCEPTION.—Notwithstanding subparagraph (A), a member of the committee established under section 15102 may only be removed prior to the end of the term of that member for just cause.

“(4) SECURITY BACKGROUND EXAMINATIONS.—The Secretary may require an individual to have passed an appropriate security background examination before appointment to a committee established under this chapter.

“(5) PROHIBITION.—

“(A) IN GENERAL.—Except as provided in subparagraph (B), a Federal employee may not be appointed as a member of a committee established under this chapter.

“(B) SPECIAL RULE FOR NATIONAL MERCHANT MARINE PERSONNEL ADVISORY COMMITTEE.—The Secretary may appoint a Federal employee to serve as a member of the National Merchant Marine Personnel Advisory Committee to represent the interests of the United States Merchant Marine Academy and, notwithstanding paragraphs (1) and (2), may do so without soliciting, receiving, or considering nominations for such appointment.

“(6) TERMS.—

“(A) IN GENERAL.—The term of each member of a committee established under this chapter shall expire on December 31 of the third full year after the effective date of the appointment.

“(B) CONTINUED SERVICE AFTER TERM.—When the term of a member of a committee established under this chapter ends, the member, for a period not to exceed 1 year, may continue to serve as a member until a successor is appointed.

“(7) VACANCIES.—A vacancy on a committee established under this chapter shall be filled in the same manner as the original appointment.

“(8) SPECIAL RULE FOR REAPPOINTMENTS.—Notwithstanding paragraphs (1) and (2), the Secretary may reappoint a member of a committee established under this chapter for any term, other than the first term of the member, without soliciting, receiving, or considering nominations for such appointment.

“(g) Staff services.—The Secretary shall furnish to each committee established under this chapter any staff and services considered by the Secretary to be necessary for the conduct of the committee’s functions.

“(h) Chairman; Vice Chairman.—

“(1) IN GENERAL.—Each committee established under this chapter shall elect a Chairman and Vice Chairman from among the committee’s members.

“(2) VICE CHAIRMAN ACTING AS CHAIRMAN.—The Vice Chairman shall act as Chairman in the absence or incapacity of, or in the event of a vacancy in the office of, the Chairman.

“(i) Subcommittees and working groups.—

“(1) IN GENERAL.—The Chairman of a committee established under this chapter may establish and disestablish subcommittees and working groups for any purpose consistent with the function of the committee.

“(2) PARTICIPANTS.—Subject to conditions imposed by the Chairman, members of a committee established under this chapter and additional persons drawn from entities or groups designated by this chapter to be represented on the committee or the general public may be assigned to subcommittees and working groups established under paragraph (1).

“(3) CHAIR.—Only committee members may chair subcommittees and working groups established under paragraph (1).

“(j) Consultation, advice, reports, and recommendations.—

“(1) CONSULTATION.—

“(A) IN GENERAL.—Before taking any significant action, the Secretary shall consult with, and consider the information, advice, and recommendations of, a committee established under this chapter if the function of the committee is to advise the Secretary on matters related to the significant action.

“(B) INCLUSION.—For purposes of this paragraph, regulations proposed under chapter 45 of this title are significant actions.

“(2) ADVICE, REPORTS, AND RECOMMENDATIONS.—Each committee established under this chapter shall submit, in writing, to the Secretary its advice, reports, and recommendations, in a form and at a frequency determined appropriate by the committee.

“(3) EXPLANATION OF ACTIONS TAKEN.—Not later than 60 days after the date on which the Secretary receives recommendations from a committee under paragraph (2), the Secretary shall—

“(A) publish the recommendations on a website accessible at no charge to the public;

“(B) if the recommendations are from the committee established under section 15102, establish a mechanism for the submission of public comments on the recommendations; and

“(C) respond, in writing, to the committee regarding the recommendations, including by providing an explanation of actions taken regarding the recommendations.

“(4) SUBMISSION TO CONGRESS.—

“(A) IN GENERAL.—The Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate the advice, reports, and recommendations received from committees under paragraph (2).

“(B) ADDITIONAL SUBMISSION.—With respect to a committee established under section 70112 and to which this section applies, the Secretary shall submit the advice, reports, and recommendations received from the committee under paragraph (2) to the Committee on Homeland Security of the House of Representatives in addition to the committees specified in subparagraph (A).

“(k) Observers.—Any Federal agency with matters under such agency’s administrative jurisdiction related to the function of a committee established under this chapter may designate a representative to—

“(1) attend any meeting of such committee; and

“(2) participate as an observer at meetings of such committee that relate to such a matter.

“(l) Termination.—Each committee established under this chapter shall terminate on September 30, 2027.”.

(b) Clerical amendment.—The analysis for subtitle II of title 46, United States Code, is amended by inserting after the item relating to chapter 147 the following:




(c) Conforming amendments.—

(1) COMMERCIAL FISHING SAFETY ADVISORY COMMITTEE.—Section 4508 of title 46, United States Code, and the item relating to that section in the analysis for chapter 45 of that title, are repealed.

(2) MERCHANT MARINER MEDICAL ADVISORY COMMITTEE.—Section 7115 of title 46, United States Code, and the item relating to that section in the analysis for chapter 71 of that title, are repealed.

(3) MERCHANT MARINE PERSONNEL ADVISORY COMMITTEE.—

(A) REPEAL.—Section 8108 of title 46, United States Code, and the item relating to that section in the analysis for chapter 81 of that title, are repealed.

(B) CONFORMING AMENDMENT.—Section 7510(c)(1)(C) of title 46, United States Code, is amended by inserting “National” before “Merchant Marine”.

(4) NATIONAL BOATING SAFETY ADVISORY COUNCIL.—

(A) REPEAL.—Section 13110 of title 46, United States Code, and the item relating to that section in the analysis for chapter 131 of that title, are repealed.

(B) CONFORMING AMENDMENTS.—

(i) REGULATIONS.—Section 4302(c)(4) of title 46, United States Code, is amended by striking “Council established under section 13110 of this title” and inserting “Committee established under section 15105 of this title”.

(ii) REPAIR AND REPLACEMENT OF DEFECTS.—Section 4310(f) of title 46, United States Code, is amended by striking “Advisory Council” and inserting “Advisory Committee”.

(5) NAVIGATION SAFETY ADVISORY COUNCIL.—Section 5 of the Inland Navigational Rules Act of 1980 (33 U.S.C. 2073) is repealed.

(6) TOWING SAFETY ADVISORY COMMITTEE.—

(A) REPEAL.—Public Law 96–380 (33 U.S.C. 1231a) is repealed.

(B) CONFORMING AMENDMENTS.—

(i) REDUCTION OF OIL SPILLS FROM SINGLE HULL NON-SELF-PROPELLED TANK VESSELS.—Section 3719 of title 46, United States Code, is amended by inserting “National” before “Towing Safety”.

(ii) SAFETY EQUIPMENT.—Section 4102(f)(1) of title 46, United States Code, is amended by inserting “National” before “Towing Safety”.

(d) Treatment of existing councils and committees.—Notwithstanding any other provision of law—

(1) an advisory council or committee substantially similar to an advisory committee established under chapter 151 of title 46, United States Code, as added by this division, and that was in force or in effect on the day before the date of enactment of this section, including a council or committee the authority for which was repealed under subsection (c), may remain in force or in effect for a period of 2 years from the date of enactment of this section, including that the charter, membership, and other aspects of the council or committee may remain in force or in effect; and

(2) during the 2-year period referenced in paragraph (1)—

(A) requirements relating to the applicable advisory committee established under chapter 151 of title 46, United States Code, shall be treated as satisfied by the substantially similar advisory council or committee; and

(B) the enactment of this section, including the amendments made in this section, shall not be the basis—

(i) to deem, find, or declare such council or committee, including the charter, membership, and other aspects thereof, void, not in force, or not in effect;

(ii) to suspend the activities of such council or committee; or

(iii) to bar the members of such council or committee from meeting.

SEC. 4602. Maritime Security Advisory Committees.

(a) In general.—Section 70112 of title 46, United States Code, is amended to read as follows:

§ 70112. Maritime Security Advisory Committees

“(a) National Maritime Security Advisory Committee.—

“(1) ESTABLISHMENT.—There is established a National Maritime Security Advisory Committee (in this subsection referred to as the ‘Committee’).

“(2) FUNCTION.—The Committee shall advise the Secretary on matters relating to national maritime security.

“(3) MEMBERSHIP.—

“(A) IN GENERAL.—The Committee shall consist of at least 8 members, but not more than 21 members, appointed by the Secretary in accordance with this subsection and section 15109 of this title.

“(B) EXPERTISE.—Each member of the Committee shall have particular expertise, knowledge, and experience in matters relating to the function of the Committee.

“(C) REPRESENTATION.—Each of the following shall be represented by at least 1 member of the Committee:

“(i) Port authorities.

“(ii) Facilities owners and operators.

“(iii) Terminal owners and operators.

“(iv) Vessel owners and operators.

“(v) Maritime labor organizations.

“(vi) The academic community.

“(vii) State and local governments.

“(viii) The maritime industry.

“(D) DISTRIBUTION.—If the Committee consists of at least 8 members who, together, satisfy the minimum representation requirements of subparagraph (C), the Secretary shall, based on the needs of the Coast Guard, determine the number of additional members of the Committee who represent each entity specified in that subparagraph. Neither this subparagraph nor any other provision of law shall be construed to require an equal distribution of members representing each entity specified in subparagraph (C).

“(4) ADMINISTRATION.—For purposes of section 15109 of this title, the Committee shall be treated as a committee established under chapter 151 of such title.

“(b) Area Maritime Security Advisory Committees.—

“(1) IN GENERAL.—

“(A) ESTABLISHMENT.—The Secretary may—

“(i) establish an Area Maritime Security Advisory Committee for any port area of the United States; and

“(ii) request such a committee to review the proposed Area Maritime Transportation Security Plan developed under section 70103(b) and make recommendations to the Secretary that the committee considers appropriate.

“(B) ADDITIONAL FUNCTIONS AND MEETINGS.—A committee established under this subsection for an area—

“(i) may advise, consult with, report to, and make recommendations to the Secretary on matters relating to maritime security in that area;

“(ii) may make available to the Congress recommendations that the committee makes to the Secretary; and

“(iii) shall meet at the call of—

“(I) the Secretary, who shall call such a meeting at least once during each calendar year; or

“(II) a majority of the committee.

“(2) MEMBERSHIP.—

“(A) IN GENERAL.—Each committee established under this subsection shall consist of at least 7 members appointed by the Secretary, each of whom has at least 5 years practical experience in maritime security operations.

“(B) TERMS.—The term of each member of a committee established under this subsection shall be for a period of not more than 5 years, specified by the Secretary.

“(C) NOTICE.—Before appointing an individual to a position on a committee established under this subsection, the Secretary shall publish a notice in the Federal Register soliciting nominations for membership on the committee.

“(D) BACKGROUND EXAMINATIONS.—The Secretary may require an individual to have passed an appropriate security background examination before appointment to a committee established under this subsection.

“(E) REPRESENTATION.—Each committee established under this subsection shall be composed of individuals who represent the interests of the port industry, terminal operators, port labor organizations, and other users of the port areas.

“(3) CHAIRPERSON AND VICE CHAIRPERSON.—

“(A) IN GENERAL.—Each committee established under this subsection shall elect 1 of the committee’s members as the Chairperson and 1 of the committee’s members as the Vice Chairperson.

“(B) VICE CHAIRPERSON ACTING AS CHAIRPERSON.—The Vice Chairperson shall act as Chairperson in the absence or incapacity of the Chairperson, or in the event of a vacancy in the office of the Chairperson.

“(4) OBSERVERS.—

“(A) IN GENERAL.—The Secretary shall, and the head of any other interested Federal agency may, designate a representative to participate as an observer with a committee established under this subsection.

“(B) ROLE.—The Secretary's designated representative to a committee established under this subsection shall act as the executive secretary of the committee and shall perform the duties set forth in section 10(c) of the Federal Advisory Committee Act (5 U.S.C. App.).

“(5) CONSIDERATION OF VIEWS.—The Secretary shall consider the information, advice, and recommendations of each committee established under this subsection in formulating policy regarding matters affecting maritime security.

“(6) COMPENSATION AND EXPENSES.—

“(A) IN GENERAL.—A member of a committee established under this subsection, when attending meetings of the committee or when otherwise engaged in the business of the committee, is entitled to receive—

“(i) compensation at a rate fixed by the Secretary, not exceeding the daily equivalent of the current rate of basic pay in effect for GS–15 of the General Schedule under section 5332 of title 5 including travel time; and

“(ii) travel or transportation expenses under section 5703 of title 5.

“(B) STATUS.—A member of a committee established under this subsection shall not be considered to be an officer or employee of the United States for any purpose based on the receipt of any payment under this paragraph.

“(7) FACA.—The Federal Advisory Committee Act (5 U.S.C. App.) does not apply to a committee established under this subsection.”.

(b) Treatment of existing committee.—Notwithstanding any other provision of law—

(1) an advisory committee substantially similar to the National Maritime Security Advisory Committee established under section 70112(a) of title 46, United States Code, as amended by this section, and that was in force or in effect on the day before the date of enactment of this section, may remain in force or in effect for a period of 2 years from the date of enactment of this section, including that the charter, membership, and other aspects of the committee may remain in force or in effect; and

(2) during the 2-year period referenced in paragraph (1)—

(A) requirements relating to the National Maritime Security Advisory Committee established under section 70112(a) of title 46, United States Code, as amended by this section, shall be treated as satisfied by the substantially similar advisory committee; and

(B) the enactment of this section, including the amendments made in this section, shall not be the basis—

(i) to deem, find, or declare such committee, including the charter, membership, and other aspects thereof, void, not in force, or not in effect;

(ii) to suspend the activities of such committee; or

(iii) to bar the members of such committee from meeting.

TITLE XLVIIFederal Maritime Commission

SEC. 4701. Short title.

This title may be cited as the “Federal Maritime Commission Authorization Act of 2017”.

SEC. 4702. Authorization of appropriations.

Section 308 of title 46, United States Code, is amended by striking “$24,700,000 for each of fiscal years 2016 and 2017” and inserting “$28,012,310 for fiscal year 2018 and $28,544,543 for fiscal year 2019”.

SEC. 4703. Reporting on impact of alliances on competition.

Section 306 of title 46, United States Code, is amended—

(1) in subsection (b)—

(A) in paragraph (4), by striking “; and” and inserting a semicolon;

(B) in paragraph (5), by striking the period at the end and inserting “; and”; and

(C) by adding at the end the following:

“(6) an analysis of the impacts on competition for the purchase of certain covered services by alliances of ocean common carriers acting pursuant to an agreement under this part between or among ocean common carriers, including a summary of actions, including corrective actions, taken by the Commission to promote such competition.”; and

(2) by adding at the end the following:

“(c) Definition of certain covered services.—In this section, the term ‘certain covered services’ has the meaning given the term in section 40102.”.

SEC. 4704. Definition of certain covered services.

Section 40102 of title 46, United States Code, is amended—

(1) by redesignating paragraphs (5) through (25) as paragraphs (6) through (26), respectively; and

(2) by inserting after paragraph (4), the following:

“(5) CERTAIN COVERED SERVICES.—For purposes of sections 41105 and 41307, the term ‘certain covered services’ means, with respect to a vessel—

“(A) the berthing or bunkering of the vessel;

“(B) the loading or unloading of cargo to or from the vessel to or from a point on a wharf or terminal;

“(C) the positioning, removal, or replacement of buoys related to the movement of the vessel; and

“(D) with respect to injunctive relief under section 41307, towing vessel services provided to such a vessel.”.

SEC. 4705. Reports filed with the Commission.

Section 40104(a) of title 46, United States Code, is amended to read as follows:

“(a) Reports.—

“(1) IN GENERAL.—The Federal Maritime Commission may require a common carrier or marine terminal operator, or an officer, receiver, trustee, lessee, agent, or employee of the common carrier or marine terminal operator to file with the Commission a periodical or special report, an account, record, rate, or charge, or a memorandum of facts and transactions related to the business of the common carrier or marine terminal operator, as applicable.

“(2) REQUIREMENTS.—Any report, account, record, rate, charge, or memorandum required to be filed under paragraph (1) shall—

“(A) be made under oath if the Commission requires; and

“(B) be filed in the form and within the time prescribed by the Commission.

“(3) LIMITATION.—The Commission shall—

“(A) limit the scope of any filing ordered under this section to fulfill the objective of the order; and

“(B) provide a reasonable period of time for respondents to respond based upon their capabilities and the scope of the order.”.

SEC. 4706. Public participation.

(a) Notice of filing.—Section 40304(a) of title 46, United States Code, is amended to read as follows:

“(a) Notice of filing.—Not later than 7 days after the date an agreement is filed, the Federal Maritime Commission shall—

“(1) transmit a notice of the filing to the Federal Register for publication; and

“(2) request interested persons to submit relevant information and documents.”.

(b) Request for information and documents.—Section 40304(d) of title 46, United States Code, is amended by striking “section” and inserting “part”.

(c) Saving clause.—Nothing in this section, or the amendments made by this section, may be construed—

(1) to prevent the Federal Maritime Commission from requesting from a person, at any time, any additional information or documents the Commission considers necessary to carry out chapter 403 of title 46, United States Code;

(2) to prescribe a specific deadline for the submission of relevant information and documents in response to a request under section 40304(a)(2) of title 46, United States Code; or

(3) to limit the authority of the Commission to request information under section 40304(d) of title 46, United States Code.

SEC. 4707. Ocean transportation intermediaries.

(a) License requirement.—Section 40901(a) of title 46, United States Code, is amended by inserting “advertise, hold oneself out, or” after “may not”.

(b) Applicability.—Section 40901 of title 46, United States Code, is amended by adding at the end the following:

“(c) Applicability.—Subsection (a) and section 40902 do not apply to a person that performs ocean transportation intermediary services on behalf of an ocean transportation intermediary for which it is a disclosed agent.”.

(c) Financial responsibility.—Section 40902(a) of title 46, United States Code, is amended by inserting “advertise, hold oneself out, or” after “may not”.

SEC. 4708. Common carriers.

(a) Section 41104 of title 46, United States Code, is amended—

(1) in the matter preceding paragraph (1), by inserting “(a) In general.—” before “A common carrier”;

(2) in subsection (a), as designated—

(A) by amending paragraph (11) to read as follows:

“(11) knowingly and willfully accept cargo from or transport cargo for the account of a non-vessel-operating common carrier that does not have a tariff as required by section 40501 of this title, or an ocean transportation intermediary that does not have a bond, insurance, or other surety as required by section 40902 of this title;”;

(B) in paragraph (12), by striking the period at the end and inserting “; or”; and

(C) by adding at the end the following:

“(13) continue to participate simultaneously in a rate discussion agreement and an agreement to share vessels, in the same trade, if the interplay of the authorities exercised by the specified agreements is likely, by a reduction in competition, to produce an unreasonable reduction in transportation service or an unreasonable increase in transportation cost.”; and

(3) by adding at the end the following:

“(b) Rule of construction.—Notwithstanding any other provision of law, there is no private right of action to enforce the prohibition under subsection (a)(13).

“(c) Agreement violation.—Participants in an agreement found by the Commission to violate subsection (a)(13) shall have 90 days from the date of such Commission finding to withdraw from the agreement as necessary to comply with that subsection.”.

(b) Application.—Section 41104(a)(13) of title 46, United States Code, as amended, shall apply to any agreement filed or with an effective date before, on, or after the date of enactment of this Act.

SEC. 4709. Negotiations.

(a) Concerted action.—Section 41105 of title 46, United States Code, is amended—

(1) by redesignating paragraphs (5) through (8) as paragraphs (7) through (10), respectively; and

(2) by inserting after paragraph (4) the following:

“(5) negotiate with a tug or towing vessel service provider on any matter relating to rates or services provided within the United States by those tugs or towing vessels;

“(6) with respect to a vessel operated by an ocean common carrier within the United States, negotiate for the purchase of certain covered services, unless the negotiations and any resulting agreements are not in violation of the antitrust laws and are consistent with the purposes of this part, except that this paragraph does not prohibit the setting and publishing of a joint through rate by a conference, joint venture, or association of ocean common carriers;”.

(b) Authority.—Chapter 411 of title 46, United States Code, is amended—

(1) by inserting after section 41105 the following:

§ 41105A. Authority

“Nothing in section 41105, as amended by the Federal Maritime Commission Authorization Act of 2017, shall be construed to limit the authority of the Department of Justice regarding antitrust matters.”; and

(2) in the analysis at the beginning of chapter 411, by inserting after the item relating to section 41105 the following:


“41105A. Authority.”.

(c) Exemption.—Section 40307(b)(1) of title 46, United States Code, is amended by inserting “tug operators,” after “motor carriers,”.

SEC. 4710. Injunctive relief sought by the Commission.

(a) In general.—Section 41307(b) of title 46, United States Code is amended—

(1) in paragraph (1) by inserting “or to substantially lessen competition in the purchasing of certain covered services” after “transportation cost”; and

(2) by adding at the end the following:

“(4) COMPETITION FACTORS.—In making a determination under this subsection regarding whether an agreement is likely to substantially lessen competition in the purchasing of certain covered services, the Commission may consider any relevant competition factors in affected markets, including, without limitation, the competitive effect of agreements other than the agreement under review.”.

(b) Application.—Section 41307(b) of title 46, United States Code, as amended, shall apply to any agreement filed or with an effective date before, on, or after the date of enactment of this Act.

SEC. 4711. Discussions.

(a) In general.—Section 303 of title 46, United States Code, is amended to read as follows:

§ 303. Meetings

“(a) In general.—The Federal Maritime Commission shall be deemed to be an agency for purposes of section 552b of title 5.

“(b) Record.—The Commission, through its secretary, shall keep a record of its meetings and the votes taken on any action, order, contract, or financial transaction of the Commission.

“(c) Nonpublic collaborative discussions.—

“(1) IN GENERAL.—Notwithstanding section 552b of title 5, a majority of the Commissioners may hold a meeting that is not open to public observation to discuss official agency business if—

“(A) no formal or informal vote or other official agency action is taken at the meeting;

“(B) each individual present at the meeting is a Commissioner or an employee of the Commission;

“(C) at least 1 Commissioner from each political party is present at the meeting, if applicable; and

“(D) the General Counsel of the Commission is present at the meeting.

“(2) DISCLOSURE OF NONPUBLIC COLLABORATIVE DISCUSSIONS.—Except as provided under paragraph (3), not later than 2 business days after the conclusion of a meeting under paragraph (1), the Commission shall make available to the public, in a place easily accessible to the public—

“(A) a list of the individuals present at the meeting; and

“(B) a summary of the matters discussed at the meeting, except for any matters the Commission properly determines may be withheld from the public under section 552b(c) of title 5.

“(3) EXCEPTION.—If the Commission properly determines matters may be withheld from the public under section 555b(c) of title 5, the Commission shall provide a summary with as much general information as possible on those matters withheld from the public.

“(4) ONGOING PROCEEDINGS.—If a meeting under paragraph (1) directly relates to an ongoing proceeding before the Commission, the Commission shall make the disclosure under paragraph (2) on the date of the final Commission decision.

“(5) PRESERVATION OF OPEN MEETINGS REQUIREMENTS FOR AGENCY ACTION.—Nothing in this subsection may be construed to limit the applicability of section 552b of title 5 with respect to a meeting of the Commissioners other than that described in this subsection.

“(6) STATUTORY CONSTRUCTION.—Nothing in this subsection may be construed—

“(A) to limit the applicability of section 552b of title 5 with respect to any information which is proposed to be withheld from the public under paragraph (2)(B) of this subsection; or

“(B) to authorize the Commission to withhold from any individual any record that is accessible to that individual under section 552a of title 5.”.

(b) Table of contents.—The analysis at the beginning of chapter 3 of title 46, United States Code, is amended by amending the item relating to section 303 to read as follows:


“303. Meetings.”.

SEC. 4712. Transparency.

(a) In general.—Beginning not later than 60 days after the date of enactment of this Act, the Federal Maritime Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives biannual reports that describe the Commission's progress toward addressing the issues raised in each unfinished regulatory proceeding, regardless of whether the proceeding is subject to a statutory or regulatory deadline.

(b) Format of reports.—Each report under subsection (a) shall, among other things, clearly identify for each unfinished regulatory proceeding—

(1) the popular title;

(2) the current stage of the proceeding;

(3) an abstract of the proceeding;

(4) what prompted the action in question;

(5) any applicable statutory, regulatory, or judicial deadline;

(6) the associated docket number;

(7) the date the rulemaking was initiated;

(8) a date for the next action; and

(9) if a date for next action identified in the previous report is not met, the reason for the delay.

SEC. 4713. Study of bankruptcy preparation and response.

(a) Study.—The Comptroller General of the United States shall conduct a study that examines the immediate aftermath of a major ocean carrier bankruptcy and its impact through the supply chain. The study shall consider any financial mechanisms that could be used to mitigate the impact of any future bankruptcy events on the supply chain.

(b) Report.—No later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing the findings, conclusions, and recommendations, if any, from the study required under subsection (a).

SEC. 4714. Agreements unaffected.

Nothing in this division may be construed—

(1) to limit or amend the definition of “agreement” in section 40102(1) of title 46, United States Code, with respect to the exclusion of maritime labor agreements; or

(2) to apply to a maritime labor agreement (as defined in section 40102(15) of that title).

TITLE XLVIIIMiscellaneous

SEC. 4801. Repeal of obsolete reporting requirement.

Subsection (h) of section 888 of the Homeland Security Act of 2002 (6 U.S.C. 468) is repealed.

SEC. 4802. Corrections to provisions enacted by Coast Guard Authorization Acts.

Section 604(b) of the Howard Coble Coast Guard and Maritime Transportation Act of 2014 (Public Law 113–281; 128 Stat. 3061) is amended by inserting “and fishery endorsement” after “endorsement”.

SEC. 4803. Officer evaluation report.

(a) In general.—Not later than 3 years after the date of the enactment of this Act, the Commandant of the Coast Guard shall reduce lieutenant junior grade evaluation reports to the same length as an ensign or place lieutenant junior grade evaluations on an annual schedule.

(b) Surveys.—Not later than 1 year after the date of the enactment of this Act, the Commandant of the Coast Guard shall conduct surveys of—

(1) outgoing promotion board members and assignment officers to determine, at a minimum—

(A) which sections of the officer evaluation report were most useful;

(B) which sections of the officer evaluation report were least useful;

(C) how to better reflect high performers; and

(D) any recommendations for improving the officer evaluation report; and

(2) at least 10 percent of the officers from each grade of officers from O1 to O6 to determine how much time each member of the rating chain spends on that member’s portion of the officer evaluation report.

(c) Revisions.—

(1) IN GENERAL.—Not later than 4 years after the date of the completion of the surveys required by subsection (b), the Commandant of the Coast Guard shall revise the officer evaluation report, and provide corresponding directions, taking into account the requirements under paragraph (2).

(2) REQUIREMENTS.—In revising the officer evaluation report under paragraph (1), the Commandant shall—

(A) consider the findings of the surveys under subsection (b);

(B) improve administrative efficiency;

(C) reduce and streamline performance dimensions and narrative text;

(D) eliminate redundancy with the officer specialty management system and any other record information systems that are used during the officer assignment or promotion process;

(E) provide for fairness and equity for Coast Guard officers with regard to promotion boards, selection panels, and the assignment process; and

(F) ensure officer evaluation responsibilities can be accomplished within normal working hours—

(i) to minimize any impact to officer duties; and

(ii) to eliminate any need for an officer to take liberty or leave for administrative purposes.

(d) Report.—

(1) IN GENERAL.—Not later than 545 days after the date of the enactment of this Act, the Commandant of the Coast Guard shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the surveys under subsection (b).

(2) FORMAT.—The report under paragraph (1) shall be formatted by each rank, type of board, and position, as applicable.

SEC. 4804. Extension of authority.

Section 404 of the Coast Guard Authorization Act of 2010 (Public Law 111–281; 124 Stat. 2950) is amended—

(1) in subsection (a), in the text preceding paragraph (1), by striking “sections 3304, 5333, and 5753” and inserting “section 3304”; and

(2) by striking subsection (b), and redesignating subsection (c) as subsection (b).

SEC. 4805. Coast Guard ROTC program.

Not later than 1 year after the date of enactment of this Act, the Commandant of the Coast Guard shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the costs and benefits of creating a Coast Guard Reserve Officers’ Training Corps Program based on the other Armed Forces programs.

SEC. 4806. Currency detection canine team program.

(a) Definitions.—In this section:

(1) CANINE CURRENCY DETECTION TEAM.—The term “canine currency detection team” means a canine and a canine handler that are trained to detect currency.

(2) SECRETARY.—The term “Secretary” means the Secretary of the department in which the Coast Guard is operating.

(b) Establishment.—Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a program to allow the use of canine currency detection teams for purposes of Coast Guard maritime law enforcement, including underway vessel boardings.

(c) Operation.—The Secretary may cooperate with, or enter into an agreement with, the head of another Federal agency to meet the requirements under subsection (b).

SEC. 4807. Center of expertise for Great Lakes oil spill search and response.

(a) In general.—Not later than 1 year after the date of enactment of this Act, the Commandant of the Coast Guard shall establish a Center of Expertise for Great Lakes Oil Spill Preparedness and Response (referred to in this section as the “Center of Expertise”) in accordance with section 313 of title 14, United States Code, as amended by this division.

(b) Location.—The Center of Expertise shall be located in close proximity to—

(1) critical crude oil transportation infrastructure on and connecting the Great Lakes, such as submerged pipelines and high-traffic navigation locks; and

(2) an institution of higher education with adequate aquatic research laboratory facilities and capabilities and expertise in Great Lakes aquatic ecology, environmental chemistry, fish and wildlife, and water resources.

(c) Functions.—The Center of Expertise shall—

(1) monitor and assess, on an ongoing basis, the current state of knowledge regarding freshwater oil spill response technologies and the behavior and effects of oil spills in the Great Lakes;

(2) identify any significant gaps in Great Lakes oil spill research, including an assessment of major scientific or technological deficiencies in responses to past spills in the Great Lakes and other freshwater bodies, and seek to fill those gaps;

(3) conduct research, development, testing, and evaluation for freshwater oil spill response equipment, technologies, and techniques to mitigate and respond to oil spills in the Great Lakes;

(4) educate and train Federal, State, and local first responders located in Coast Guard District 9 in—

(A) the incident command system structure;

(B) Great Lakes oil spill response techniques and strategies; and

(C) public affairs; and

(5) work with academic and private sector response training centers to develop and standardize maritime oil spill response training and techniques for use on the Great Lakes.

(d) Definition.—In this section, the term “Great Lakes” means Lake Superior, Lake Michigan, Lake Huron, Lake Erie, and Lake Ontario.

SEC. 4808. Public safety answering points and maritime search and rescue coordination.

Not later than 180 days after the date of the enactment of this Act—

(1) the Secretary of the department in which the Coast Guard is operating acting through the Commandant of the Coast Guard shall review Coast Guard policies and procedures for public safety answering points and search-and-rescue coordination with State and local law enforcement entities in order to—

(A) further minimize the possibility of maritime 911 calls being improperly routed; and

(B) assure the Coast Guard is able to effectively carry out the Coast Guard’s maritime search and rescue mission; and

(2) the Commandant shall—

(A) formulate a national maritime public safety answering points policy; and

(B) submit a report to the Congress on such assessment and policy, which shall include an update to the report submitted in accordance with section 233 of the Howard Coble Coast Guard and Maritime Transportation Act of 2014.

SEC. 4809. Ship shoal lighthouse transfer: repeal.

Effective January 1, 2021, section 27 of the Coast Guard Authorization Act of 1991 (Public Law 102–241; 105 Stat. 2218) is repealed.

SEC. 4810. Land exchange, Ayakulik Island, Alaska.

(a) Land exchange; Ayakulik Island, Alaska.—If the owner of Ayakulik Island, Alaska, offers to exchange the Island for the Tract—

(1) within 10 days after receiving such offer, the Secretary shall provide notice of the offer to the Commandant;

(2) within 90 days after receiving the notice under paragraph (1), the Commandant shall develop and transmit to the Secretary proposed operational restrictions on commercial activity conducted on the Tract, including the right of the Commandant to—

(A) order the immediate termination, for a period of up to 72 hours, of any activity occurring on or from the Tract that violates or threatens to violate one or more of such restrictions; or

(B) commence a civil action for appropriate relief, including a permanent or temporary injunction enjoining the activity that violates or threatens to violate such restrictions;

(3) within 90 days after receiving the proposed operational restrictions from the Commandant, the Secretary shall transmit such restrictions to the owner of Ayakulik Island; and

(4) within 30 days after transmitting the proposed operational restrictions to the owner of Ayakulik Island, and if the owner agrees to such restrictions, the Secretary shall convey all right, title, and interest of the United States in and to the Tract to the owner, subject to an easement granted to the Commandant to enforce such restrictions, in exchange for all right, title, and interest of such owner in and to Ayakulik Island.

(b) Boundary revisions.—The Secretary may make technical and conforming revisions to the boundaries of the Tract before the date of the exchange.

(c) Public land order.—Effective on the date of an exchange under subsection (a), Public Land Order 5550 shall have no force or effect with respect to submerged lands that are part of the Tract.

(d) Failure to timely respond to notice.—If the Commandant does not transmit proposed operational restrictions to the Secretary within 30 days after receiving the notice under subsection (a)(1), the Secretary shall, by not later than 60 days after transmitting such notice, convey all right, title, and interest of the United States in and to the Tract to the owner of Ayakulik Island in exchange for all right, title, and interest of such owner in and to Ayakulik Island.

(e) CERCLA not affected.—This section and an exchange under this section shall not be construed to limit the application of or otherwise affect section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)).

(f) Definitions.—In this section:

(1) COMMANDANT.—The term “Commandant” means the Secretary of the department in which the Coast Guard is operating, acting through the Commandant of the Coast Guard.

(2) SECRETARY.—The term “Secretary” means the Secretary of the Interior.

(3) TRACT.—The term “Tract” means the land (including submerged land) depicted as “PROPOSED PROPERTY EXCHANGE AREA” on the survey titled “PROPOSED PROPERTY EXCHANGE PARCEL” and dated 3/22/17.

SEC. 4811. Use of Tract 43.

Section 524(e)(2) of the Pribilof Island Transition Completion Act of 2016 (Public Law 114–120), as amended by section 3533 of the Pribilof Island Transition Completion Amendments Act of 2016 (subtitle B of title XXXV of Public Law 114–328), is amended by—

(1) striking “each month” and inserting “each April and October”; and

(2) striking “previous month” and inserting “previous six months”.

SEC. 4812. Coast Guard maritime domain awareness.

(a) In general.—The Secretary of the department in which the Coast Guard is operating shall seek to enter into an arrangement with the National Academy of Sciences not later than 60 days after the date of the enactment of this Act under which the Academy shall prepare an assessment of available unmanned, autonomous, or remotely controlled maritime domain awareness technologies for use by the Coast Guard.

(b) Assessment.—The assessment shall—

(1) describe the potential limitations of current and emerging unmanned technologies used in the maritime domain for—

(A) ocean observation;

(B) vessel monitoring and identification;

(C) weather observation;

(D) to the extent practicable for consideration by the Academy, intelligence gathering, surveillance, and reconnaissance; and

(E) communications;

(2) examine how technologies described in paragraph (1) can help prioritize Federal investment by examining;

(A) affordability, including acquisition, operations, and maintenance;

(B) reliability;

(C) versatility;

(D) efficiency; and

(E) estimated service life and persistence of effort; and

(3) analyze whether the use of new and emerging maritime domain awareness technologies can be used to—

(A) carry out Coast Guard missions at lower costs;

(B) expand the scope and range of Coast Guard maritime domain awareness;

(C) allow the Coast Guard to more efficiently and effectively allocate Coast Guard vessels, aircraft, and personnel; and

(D) identify adjustments that would be necessary in Coast Guard policies, procedures, and protocols to incorporate unmanned technologies to enhance efficiency.

(c) Report to Congress.—Not later than 1 year after entering into an arrangement with the Secretary under subsection (a), the National Academy of Sciences shall submit the assessment prepared under this section to the Committees on Transportation and Infrastructure and Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

(d) Use of information.—In formulating costs pursuant to subsection (b), the National Academy of Sciences may utilize information from other Coast Guard reports, assessments, or analyses regarding existing Coast Guard manpower requirements or other reports, assessments, or analyses for the acquisition of unmanned, autonomous, or remotely controlled technologies by the Federal Government.

SEC. 4813. Monitoring.

(a) In general.—The Secretary of the department in which the Coast Guard is operating shall conduct a 1-year pilot program to determine the impact of persistent use of different types of surveillance systems on illegal maritime activities, including illegal, unreported, and unregulated fishing, in the Western Pacific region.

(b) Requirements.—The pilot program shall—

(1) consider the use of light aircraft-based detection systems that can identify potential illegal activity from high altitudes and produce enforcement-quality evidence at low altitudes; and

(2) be directed at detecting and deterring illegal maritime activities, including illegal, unreported, and unregulated fishing, and enhancing maritime domain awareness.

SEC. 4814. Reimbursements for non-Federal construction costs of certain aids to navigation.

(a) In general.—Subject to the availability of amounts specifically provided in advance in subsequent appropriations Acts and in accordance with this section, the Commandant of the Coast Guard may reimburse a non-Federal entity for costs incurred by the entity for a covered project.

(b) Conditions.—The Commandant may not provide reimbursement under subsection (a) with respect to a covered project unless—

(1) the need for the project is a result of the completion of construction with respect to a federally authorized navigation channel;

(2) the Commandant determines, through an appropriate navigation safety analysis, that the project is necessary to ensure safe marine transportation;

(3) the Commandant approves the design of the project to ensure that it meets all applicable Coast Guard aids-to-navigation standards and requirements;

(4) the non-Federal entity agrees to transfer the project upon completion to the Coast Guard for operation and maintenance by the Coast Guard as a Federal aid to navigation;

(5) the non-Federal entity carries out the project in accordance with the same laws and regulations that would apply to the Coast Guard if the Coast Guard carried out the project, including obtaining all permits required for the project under Federal and State law; and

(6) the Commandant determines that the project satisfies such additional requirements as may be established by the Commandant.

(c) Limitations.—Reimbursements under subsection (a) may not exceed the following:

(1) For a single covered project, $5,000,000.

(2) For all covered projects in a single fiscal year, $5,000,000.

(d) Expiration.—The authority granted under this section shall expire on the date that is 4 years after the date of enactment of this section.

(e) Covered project defined.—In this section, the term “covered project” means a project carried out—

(1) by a non-Federal entity to construct and establish an aid to navigation that facilitates safe and efficient marine transportation on a Federal navigation project authorized by title I of the Water Resources Development Act of 2007 (Public Law 110–114); and

(2) in an area that was affected by Hurricane Harvey.

SEC. 4815. Towing safety management system fees.

(a) Review.—The Commandant of the Coast Guard shall—

(1) review and compare the costs to the Government of—

(A) towing vessel inspections performed by the Coast Guard; and

(B) such inspections performed by a third party; and

(2) based on such review and comparison, determine whether the costs to the Government of such inspections performed by a third party are different than the costs to the Government of such inspections performed by the Coast Guard.

(b) Revision of fees.—If the Commandant determines under subsection (a) that the costs to the Government of such inspections performed by a third party are different than the costs to the Government of such inspections performed by the Coast Guard, then the Commandant shall revise the fee assessed by the Coast Guard for such inspections as necessary to conform to the requirements under section 9701 of title 31, United States Code, that such fee be based on the cost to the Government of such inspections and accurately reflect such costs.

SEC. 4816. Oil spill disbursements auditing and report.

Section 1012 of the Oil Pollution Act of 1990 (33 U.S.C. 2712) is amended—

(1) by repealing subsection (g);

(2) in subsection (l)(1), by striking “Within one year after the date of enactment of the Coast Guard Authorization Act of 2010, and annually thereafter,” and inserting “Each year, on the date on which the President submits to Congress a budget under section 1105 of title 31, United States Code,”; and

(3) by amending subsection (l)(2) to read as follows:

“(2) CONTENTS.—The report shall include—

“(A) a list of each incident that—

“(i) occurred in the preceding fiscal year; and

“(ii) resulted in disbursements from the Fund, for removal costs and damages, totaling $500,000 or more;

“(B) a list of each incident that—

“(i) occurred in the fiscal year preceding the preceding fiscal year; and

“(ii) resulted in disbursements from the Fund, for removal costs and damages, totaling $500,000 or more; and

“(C) an accounting of any amounts reimbursed to the Fund in the preceding fiscal year that were recovered from a responsible party for an incident that resulted in disbursements from the Fund, for removal costs and damages, totaling $500,000 or more.”.

SEC. 4817. Fleet requirements assessment and strategy.

(a) Report.—Not later than 1 year after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating, in consultation with interested Federal and non-Federal stakeholders, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report including—

(1) an assessment of Coast Guard at-sea operational fleet requirements to support its statutory missions established in the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.); and

(2) a strategic plan for meeting the requirements identified under paragraph (1).

(b) Contents.—The report under subsection (a) shall include—

(1) an assessment of—

(A) the extent to which the Coast Guard at-sea operational fleet requirements referred to in subsection (a)(1) are currently being met;

(B) the Coast Guard’s current fleet, its operational lifespan, and how the anticipated changes in the age and distribution of vessels in the fleet will impact the ability to meet at-sea operational requirements;

(C) fleet operations and recommended improvements to minimize costs and extend operational vessel life spans; and

(D) the number of Fast Response Cutters, Offshore Patrol Cutters, and National Security Cutters needed to meet at-sea operational requirements as compared to planned acquisitions under the current programs of record;

(2) an analysis of—

(A) how the Coast Guard at-sea operational fleet requirements are currently met, including the use of the Coast Guard’s current cutter fleet, agreements with partners, chartered vessels, and unmanned vehicle technology; and

(B) whether existing and planned cutter programs of record (including the Fast Response Cutter, Offshore Patrol Cutter, and National Security Cutter) will enable the Coast Guard to meet at-sea operational requirements; and

(3) a description of—

(A) planned manned and unmanned vessel acquisition; and

(B) how such acquisitions will change the extent to which the Coast Guard at-sea operational requirements are met.

(c) Consultation and transparency.—

(1) CONSULTATION.—In consulting with the Federal and non-Federal stakeholders under subsection (a), the Secretary of the department in which the Coast Guard is operating shall—

(A) provide the stakeholders with opportunities for input—

(i) prior to initially drafting the report, including the assessment and strategic plan; and

(ii) not later than 3 months prior to finalizing the report, including the assessment and strategic plan, for submission; and

(B) document the input and its disposition in the report.

(2) TRANSPARENCY.—All input provided under paragraph (1) shall be made available to the public.

(d) Ensuring maritime coverage.—In order to meet Coast Guard mission requirements for search and rescue, ports, waterways, and coastal security, and maritime environmental response during recapitalization of Coast Guard vessels, the Coast Guard shall ensure continuity of the coverage, to the maximum extent practicable, in the locations that may lose assets.

SEC. 4818. National Security Cutter.

(a) Standard method for tracking.—The Commandant of the Coast Guard may not certify an eighth National Security Cutter as Ready for Operations before the date on which the Commandant provides to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate—

(1) a notification of a new standard method for tracking operational employment of Coast Guard major cutters that does not include time during which such a cutter is away from its homeport for maintenance or repair; and

(2) a report analyzing cost and performance for different approaches to achieving varied levels of operational employment using the standard method required by paragraph (1) that, at a minimum—

(A) compares over a 30-year period the average annualized baseline cost and performances for a certified National Security Cutter that operated for 185 days away from homeport or an equivalent alternative measure of operational tempo—

(i) against the cost of a 15 percent increase in days away from homeport or an equivalent alternative measure of operational tempo for a National Security Cutter; and

(ii) against the cost of the acquisition and operation of an additional National Security Cutter; and

(B) examines the optimal level of operational employment of National Security Cutters to balance National Security Cutter cost and mission performance.

(b) Conforming amendments.—

(1) Section 221(b) of the Coast Guard and Maritime Transportation Act of 2012 (126 Stat. 1560) is repealed.

(2) Section 204(c)(1) of the Coast Guard Authorization Act of 2016 (130 Stat. 35) is repealed.

SEC. 4819. Acquisition plan for inland waterway and river tenders and bay-class icebreakers.

(a) Acquisition plan.—Not later than 270 days after the date of the enactment of this Act, the Commandant of the Coast Guard shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a plan to replace or extend the life of the Coast Guard fleet of inland waterway and river tenders, and the Bay-class icebreakers.

(b) Contents.—The plan under subsection (a) shall include—

(1) an analysis of the work required to extend the life of vessels described in subsection (a);

(2) recommendations for which, if any, such vessels it is cost effective to undertake a ship-life extension or enhanced maintenance program;

(3) an analysis of the aids to navigation program to determine if advances in navigation technology may reduce the needs for physical aids to navigation;

(4) recommendations for changes to physical aids to navigation and the distribution of such aids that reduce the need for the acquisition of vessels to replace the vessels described in subsection (a);

(5) a schedule for the acquisition of vessels to replace the vessels described in subsection (a), including the date on which the first vessel will be delivered;

(6) the date such acquisition will be complete;

(7) a description of the order and location of replacement vessels;

(8) an estimate of the cost per vessel and of the total cost of the acquisition program of record; and

(9) an analysis of whether existing vessels can be used.

SEC. 4820. Great Lakes icebreaker acquisition.

(a) Icebreaking on the Great Lakes.—For fiscal years 2018 and 2019, the Commandant of the Coast Guard may use funds made available pursuant to section 4902 of title 14, United States Code, as amended by this division, for the construction of an icebreaker that is at least as capable as the Coast Guard Cutter Mackinaw to enhance icebreaking capacity on the Great Lakes.

(b) Acquisition plan.—Not later than 45 days after the date of enactment of this Act, the Commandant shall submit a plan to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives for acquiring an icebreaker described in subsections (a) and (b). Such plan shall include—

(1) the details and schedule of the acquisition activities to be completed; and

(2) a description of how the funding for Coast Guard acquisition, construction, and improvements that was appropriated under the Consolidated Appropriations Act, 2017 (Public Law 115–31) will be allocated to support the acquisition activities referred to in paragraph (1).

SEC. 4821. Polar icebreakers.

(a) Enhanced maintenance program for the Polar Star.—

(1) IN GENERAL.—Subject to the availability of appropriations, the Commandant of the Coast Guard shall conduct an enhanced maintenance program on Coast Guard Cutter Polar Star (WAGB–10) to extend the service life of such vessel until at least December 31, 2025.

(2) REQUIREMENT FOR REPORT.—Not later than 180 days after the date of the enactment of the Coast Guard Authorization Act of 2017, the Secretary of the department in which the Coast Guard is operating, in consultation with Naval Sea Systems Command, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a detailed report describing a plan to extend the service life of the Coast Guard Cutter Polar Star (WAGB–10) until at least December 31, 2025, through an enhanced maintenance program.

(3) CONTENT.—The report required by paragraph (2) shall include the following:

(A) An assessment and discussion of the enhanced maintenance program recommended by the National Academies of Sciences, Engineering, and Medicine’s Committee on Polar Icebreaker Cost Assessment in the letter report “Acquisition and Operation of Polar Icebreakers: Fulfilling the Nation’s Needs”.

(B) An assessment and discussion of the Government Accountability Office’s concerns and recommendations regarding service life extension work on Coast Guard Cutter Polar Star (WAGB–10) in the report “Status of the Coast Guard’s Polar Icebreaking Fleet Capability and Recapitalization Plan”.

(C) Based upon a materiel condition assessment of the Coast Guard Cutter Polar Star (WAGB–10)—

(i) a description of the service life extension needs of the vessel;

(ii) detailed information regarding planned shipyard work for each fiscal year to meet such needs; and

(iii) an estimate of the amount needed to be appropriated to complete the enhanced maintenance program.

(D) A plan to ensure the vessel will maintain seasonally operational status during the enhanced maintenance program.

(4) AUTHORIZATION OF APPROPRIATIONS.—The Commandant of the Coast Guard may use funds made available pursuant to section 4902 of title 14, United States Code, as amended by section 4202 of this division, for the enhanced maintenance program described in the report required by subsection (a).

(b) Overdue report.—Upon the date of enactment of the Coast Guard Authorization Act of 2017, the Secretary of the department in which the Coast Guard is operating shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives the polar icebreaker recapitalization plan required under section 3523 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328).

(c) Coast Guard and Maritime Transportation Act of 2012; amendment.—Section 222 of the Coast Guard and Maritime Transportation Act of 2012 (Public Law 112–213), as amended, is further amended as follows:

(1) by striking subsections (a) through (d);

(2) by redesignating subsections (e) through (g) as subsections (a) through (c), respectively;

(3) in subsection (a), as redesignated—

(A) in the matter preceding paragraph (1), by striking “Except as provided in subsection (c), the Commandant” and inserting “The Commandant”;

(B) in paragraph (1) by striking “Polar Sea or”;

(C) in paragraph (2) by striking “either of the vessels” and inserting “the Polar Star or the Polar Sea”; and

(D) in paragraph (3) by striking “either of the vessels” each place it appears and inserting “the Polar Star”.

SEC. 4822. Strategic assets in the Arctic.

(a) Definition of arctic.—In this section, the term “Arctic” has the meaning given the term in section 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4111).

(b) Sense of congress.—It is the sense of Congress that—

(1) the Arctic continues to grow in significance to both the national security interests and the economic prosperity of the United States; and

(2) the Coast Guard must ensure it is positioned to respond to any accident, incident, or threat with appropriate assets.

(c) Report.—Not later than 1 year after the date of enactment of this Act, the Commandant of the Coast Guard, in consultation with the Secretary of Defense and taking into consideration the Department of Defense 2016 Arctic Strategy, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the progress toward implementing the strategic objectives described in the United States Coast Guard Arctic Strategy dated May 2013.

(d) Contents.—The report under subsection (c) shall include—

(1) a description of the Coast Guard’s progress toward each strategic objective identified in the United States Coast Guard Arctic Strategy dated May 2013;

(2) an assessment of the assets and infrastructure necessary to meet the strategic objectives identified in the United States Coast Guard Arctic Strategy dated May 2013 based on factors such as—

(A) response time;

(B) coverage area;

(C) endurance on scene;

(D) presence; and

(E) deterrence;

(3) an analysis of the sufficiency of the distribution of National Security Cutters, Offshore Patrol Cutters, and Fast Response Cutters both stationed in various Alaskan ports and in other locations to meet the strategic objectives identified in the United States Coast Guard Arctic Strategy, dated May 2013;

(4) plans to provide communications throughout the entire Coastal Western Alaska Captain of the Port zone to improve waterway safety and mitigate close calls, collisions, and other dangerous interactions between the shipping industry and subsistence hunters;

(5) plans to prevent marine casualties, when possible, by ensuring vessels avoid environmentally sensitive areas and permanent security zones;

(6) an explanation of—

(A) whether it is feasible to establish a vessel traffic service, using existing resources or otherwise; and

(B) whether an Arctic Response Center of Expertise is necessary to address the gaps in experience, skills, equipment, resources, training, and doctrine to prepare, respond to, and recover spilled oil in the Arctic; and

(7) an assessment of whether sufficient agreements are in place to ensure the Coast Guard is receiving the information it needs to carry out its responsibilities.

SEC. 4823. Arctic planning criteria.

(a) Alternative planning criteria.—

(1) IN GENERAL.—For purposes of the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), the Commandant of the Coast Guard may approve a vessel response plan under section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321) for a vessel operating in any area covered by the Captain of the Port Zone (as established by the Commandant) that includes the Arctic, if the Commandant verifies that—

(A) equipment required to be available for response under the plan has been tested and proven capable of operating in the environmental conditions expected in the area in which it is intended to be operated; and

(B) the operators of such equipment have conducted training on the equipment within the area covered by such Captain of the Port Zone.

(2) POST-APPROVAL REQUIREMENTS.—In approving a vessel response plan under paragraph (1), the Commandant shall—

(A) require that the oil spill removal organization identified in the vessel response plan conduct regular exercises and drills of the plan in the area covered by the Captain of the Port Zone that includes the Arctic; and

(B) allow such oil spill removal organization to take credit for a response to an actual spill or release in the area covered by such Captain of the Port Zone, instead of conducting an exercise or drill required under subparagraph (A), if the oil spill removal organization—

(i) documents which exercise or drill requirements were met during the response; and

(ii) submits a request for credit to, and receives approval from, the Commandant.

(b) Report.—

(1) IN GENERAL.—Not later than 120 days after the date of enactment of this Act, the Commandant of the Coast Guard shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the oil spill prevention and response capabilities for the area covered by the Captain of the Port Zone (as established by the Commandant) that includes the Arctic.

(2) CONTENTS.—The report submitted under paragraph (1) shall include the following:

(A) A description of equipment and assets available for response under the vessel response plans approved for vessels operating in the area covered by the Captain of the Port Zone, including details on any providers of such equipment and assets.

(B) A description of the location of such equipment and assets, including an estimate of the time to deploy the equipment and assets.

(C) A determination of how effectively such equipment and assets are distributed throughout the area covered by the Captain of the Port Zone.

(D) A statement regarding whether the ability to maintain and deploy such equipment and assets is taken into account when measuring the equipment and assets available throughout the area covered by the Captain of the Port Zone.

(E) A validation of the port assessment visit process and response resource inventory for response under the vessel response plans approved for vessels operating in the area covered by the Captain of the Port Zone.

(F) A determination of the compliance rate with Federal vessel response plan regulations in the area covered by the Captain of the Port Zone during the previous 3 years.

(G) A description of the resources needed throughout the area covered by the Captain of the Port Zone to conduct port assessments, exercises, response plan reviews, and spill responses.

(c) Definition of Arctic.—In this section, the term “Arctic” has the meaning given the term under section 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4111).

SEC. 4824. Vessel response plan audit.

(a) In general.—Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall complete and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a comprehensive review of the processes and resources used by the Coast Guard to implement vessel response plan requirements under section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321).

(b) Required elements of review.—The review required under subsection (a) shall, at a minimum, include—

(1) a study, or an audit if appropriate, of the processes the Coast Guard uses—

(A) to approve the vessel response plans referred to in subsection (a);

(B) to approve alternate planning criteria used in lieu of National Planning Criteria in approving such plans;

(C) to verify compliance with such plans; and

(D) to act in the event of a failure to comply with the requirements of such plans;

(2) an examination of all Federal and State agency resources used by the Coast Guard in carrying out the processes identified under paragraph (1), including—

(A) the current staffing model and organization;

(B) data, software, simulators, systems, or other technology, including those pertaining to weather, oil spill trajectory modeling, and risk management;

(C) the total amount of time per fiscal year expended by Coast Guard personnel to approve and verify compliance with vessel response plans; and

(D) the average amount of time expended by the Coast Guard for approval of, and verification of compliance with, a single vessel response plan;

(3) an analysis of how, including by what means or methods, the processes identified under paragraph (1)—

(A) ensure compliance with applicable law;

(B) are implemented by the Coast Guard, including at the district and sector levels;

(C) are informed by public comment and engagement with States, Indian Tribes, and other regional stakeholders;

(D) ensure availability and adequate operational capability and capacity of required assets and equipment, including in cases in which contractual obligations may limit the availability of such assets and equipment for response;

(E) provide for adequate asset and equipment mobilization time requirements, particularly with respect to—

(i) calculation and establishment of such requirements;

(ii) verifying compliance with such requirements; and

(iii) factoring in weather, including specific regional adverse weather as defined in section 155.1020 of title 33, Code of Federal Regulations, in calculating, establishing, and verifying compliance with such requirements;

(F) ensure response plan updates and vessel compliance when changes occur in response planning criteria, asset and equipment mobilization times, or regional response needs, such as trends in transportation of high gravity oils or changes in vessel traffic volume; and

(G) enable effective action by the Coast Guard in the event of a failure to comply with response plan requirements;

(4) a determination regarding whether asset and equipment mobilization time requirements under approved vessel response plans can be met by the vessels to which they apply; and

(5) recommendations for improving the processes identified under paragraph (1), including recommendations regarding the sufficiency of Coast Guard resources dedicated to those processes.

SEC. 4825. Waters deemed not navigable waters of the United States for certain purposes.

For purposes of the application of subtitle II of title 46, United States Code, to the Volunteer (Hull Number CCA4108), the Illinois and Michigan Canal is deemed to not be navigable waters of the United States.

SEC. 4826. Documentation of recreational vessels.

Coast Guard personnel performing nonrecreational vessel documentation functions under subchapter II of chapter 121 of title 46, United States Code, may perform recreational vessel documentation under section 12114 of such title in any fiscal year in which—

(1) funds available for Coast Guard operating expenses may not be used for expenses incurred for recreational vessel documentation;

(2) fees collected from owners of yachts and credited to such use are insufficient to pay expenses of recreational vessel documentation; and

(3) there is a backlog of applications for recreational vessel documentation.

SEC. 4827. Equipment requirements; exemption from throwable personal flotation devices requirement.

Not later than one year after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall—

(1) prescribe regulations in part 160 of title 46, Code of Federal Regulations, that treat a marine throw bag, as that term is commonly used in the commercial whitewater rafting industry, as a type of lifesaving equipment; and

(2) revise section 175.17 of title 33, Code of Federal Regulations, to exempt rafts that are 16 feet or more overall in length from the requirement to carry an additional throwable personal flotation device when such a marine throw bag is onboard and accessible.

SEC. 4828. Visual distress signals and alternative use.

(a) In general.—The Secretary of the department in which the Coast Guard is operating shall develop a performance standard for the alternative use and possession of visual distress alerting and locating signals as mandated by carriage requirements for recreational boats in subpart C of part 175 of title 33, Code of Federal Regulations.

(b) Regulations.—Not later than 180 days after the performance standard for alternative use and possession of visual distress alerting and locating signals is finalized, the Secretary shall revise part 175 of title 33, Code of Federal Regulations, to allow for carriage of such alternative signal devices.

SEC. 4829. Radar refresher training.

Not later than 60 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall prescribe a final rule eliminating the requirement that a mariner actively using the mariner’s credential complete an approved refresher or recertification course to maintain a radar observer endorsement. This rulemaking shall be exempt from chapters 5 and 6 of title 5, United States Code, and Executive Orders 12866 and 13563.

SEC. 4830. Commercial fishing vessel safety national communications plan.

(a) Requirement for plan.—Not later than 1 year after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall develop and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a national communications plan for the purposes of—

(1) disseminating information to the commercial fishing vessel industry;

(2) conducting outreach with the commercial fishing vessel industry;

(3) facilitating interaction with the commercial fishing vessel industry; and

(4) releasing information collected under section 15102 of title 46, United States Code, as added by this division, to the commercial fishing vessel industry.

(b) Content.—The plan required by subsection (a), and each annual update, shall—

(1) identify staff, resources, and systems available to the Secretary to ensure the widest dissemination of information to the commercial fishing vessel industry;

(2) include a means to document all communication and outreach conducted with the commercial fishing vessel industry; and

(3) include a mechanism to measure effectiveness of such plan.

(c) Implementation.—Not later than one year after submission of the initial plan, the Secretary of the department in which the Coast Guard is operating shall implement the plan and shall at a minimum—

(1) leverage Coast Guard staff, resources, and systems available;

(2) monitor implementation nationwide to ensure adherence to plan contents;

(3) allow each Captain of the Port to adopt the most effective strategy and means to communicate with commercial fishing vessel industry in that Captain of the Port Zone;

(4) document communication and outreach; and

(5) solicit feedback from the commercial fishing vessel industry.

(d) Report and updates.—The Secretary of the department in which the Coast Guard is operating shall—

(1) submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the effectiveness of the plan to date and any updates to ensure maximum impact of the plan one year after the date of enactment of this Act, and every 4 years thereafter; and

(2) include in such report input from individual Captains of the Port and any feedback received from the commercial fishing vessel industry.

SEC. 4831. Authorization for marine debris program.

The Marine Debris Research, Prevention, and Reduction Act is amended—

(1) in section 9 (33 U.S.C. 1958)—

(A) by striking the em-dash and all that follows through “(1)”; and

(B) by striking “; and” and all that follows through the end of the section and inserting a period; and

(2) by adding at the end the following:

“SEC. 10. Authorization of appropriations.

“Of the amounts authorized for each fiscal year under section 4902 of title 14, United States Code, up to $2,000,000 are authorized for the Commandant to carry out section 4 of this Act, of which not more than 10 percent may be used for administrative costs.”.

SEC. 4832. Atlantic Coast port access route study recommendations.

Not later than 30 days after the date of the enactment of the Act, the Commandant of the Coast Guard shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of action taken to carry out the recommendations contained in the final report issued by the Atlantic Coast Port Access Route Study (ACPARS) workgroup for which notice of availability was published March 14, 2016 (81 Fed. Reg. 13307).

SEC. 4833. Drawbridges.

Section 5 of the Act entitled “An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes”, approved August 18, 1894 (33 U.S.C. 499), is amended by adding at the end the following:

“(d) Temporary changes to drawbridge operating schedules.—Notwithstanding section 553 of title 5, United States Code, whenever a temporary change to the operating schedule of a drawbridge, lasting 180 days or less—

“(1) is approved—

“(A) the Secretary of the department in which the Coast Guard is operating shall—

“(i) issue a deviation approval letter to the bridge owner; and

“(ii) announce the temporary change in—

“(I) the Local Notice to Mariners;

“(II) a broadcast notice to mariners and through radio stations; or

“(III) such other local media as the Secretary considers appropriate; and

“(B) the bridge owner, except a railroad bridge owner, shall notify—

“(i) the public by publishing notice of the temporary change in a newspaper of general circulation published in the place where the bridge is located;

“(ii) the department, agency, or office of transportation with jurisdiction over the roadway that abuts the approaches to the bridge; and

“(iii) the law enforcement organization with jurisdiction over the roadway that abuts the approaches to the bridge; or

“(2) is denied, the Secretary of the department in which the Coast Guard is operating shall—

“(A) not later than 10 days after the date of receipt of the request, provide the bridge owner in writing the reasons for the denial, including any supporting data and evidence used to make the determination; and

“(B) provide the bridge owner a reasonable opportunity to address each reason for the denial and resubmit the request.

“(e) Drawbridge movements.—The Secretary of the department in which the Coast Guard is operating—

“(1) shall require a drawbridge operator to record each movement of the drawbridge in a logbook;

“(2) may inspect the logbook to ensure drawbridge movement is in accordance with the posted operating schedule;

“(3) shall review whether deviations from the posted operating schedule are impairing vehicular and pedestrian traffic; and

“(4) may determine if the operating schedule should be adjusted for efficiency of maritime or vehicular and pedestrian traffic.

“(f) Requirements.—

“(1) LOGBOOKS.—An operator of a drawbridge built across a navigable river or other water of the United States—

“(A) that opens the draw of such bridge for the passage of a vessel, shall record in a logbook—

“(i) the bridge identification and date of each opening;

“(ii) the bridge tender or operator for each opening;

“(iii) each time it is opened for navigation;

“(iv) each time it is closed for navigation;

“(v) the number and direction of vessels passing through during each opening;

“(vi) the types of vessels passing through during each opening;

“(vii) an estimated or known size (height, length, and beam) of the largest vessel passing through during each opening;

“(viii) for each vessel, the vessel name and registration number if easily observable; and

“(ix) all maintenance openings, malfunctions, or other comments; and

“(B) that remains open to navigation but closes to allow for trains to cross, shall record in a logbook—

“(i) the bridge identification and date of each opening and closing;

“(ii) the bridge tender or operator;

“(iii) each time it is opened to navigation;

“(iv) each time it is closed to navigation; and

“(v) all maintenance openings, closings, malfunctions, or other comments.

“(2) MAINTENANCE OF LOGBOOKS.—A drawbridge operator shall maintain logbooks required under paragraph (1) for not less than 5 years.

“(3) SUBMISSION OF LOGBOOKS.—At the request of the Secretary of the department in which the Coast Guard is operating, a drawbridge operator shall submit to the Secretary the logbook required under paragraph (1) as the Secretary considers necessary to carry out this section.

“(4) EXEMPTION.—The requirements under paragraph (1) shall be exempt from sections 3501 to 3521 of title 44, United States Code.”.

SEC. 4834. Waiver.

Section 8902 of title 46, United States Code, shall not apply to the chain ferry DIANE (United States official number CG002692) when such vessel is operating on the Kalamazoo River in Saugatuck, Michigan.

SEC. 4835. Vessel waiver.

(a) In general.—Upon enactment of this Act and notwithstanding sections (a)(2)(A) and 12113(a)(2) of title 46, United States Code, the Secretary shall issue a certificate of documentation with coastwise and fishery endorsements to the certificated vessel.

(b) Replacement vessel.—The certificated vessel shall qualify and not be precluded from operating as an Amendment 80 replacement vessel under the provisions of part 679 of title 50, Code of Federal Regulations.

(c) Coast guard review and determination.—

(1) REVIEW.—Not later than 30 days after the date of enactment of this section, the Secretary shall conduct and complete a review of the use of certain foreign fabricated steel components in the hull or superstructure of the certificated vessel.

(2) DETERMINATION.—Based on the review conducted under paragraph (1), the Secretary shall determine whether the shipyard that constructed the certificated vessel or the purchaser of the certificated vessel knew before such components were procured or installed that the use of such components would violate requirements under sections 12112(a)(2)(A) and 12113(a)(2) of title 46, United States Code.

(3) REVOCATION.—If the Secretary determines under paragraph (2) that the shipyard that constructed the certificated vessel or the purchaser of the certificated vessel knew before such components were procured or installed that the use of such components would violate requirements under sections 12112(a)(2)(A) and 12113(a)(2) of title 46, United States Code, the Secretary shall immediately revoke the certificate of documentation issued under subsection (a).

(4) USE OF DOCUMENTS.—In conducting the review required under paragraph (1), the Secretary may request and review any information, correspondence, or documents related to the construction of the certificated vessel, including from the shipyard that constructed the certificated vessel and the purchaser of the certificated vessel.

(d) Termination.—If the contract for purchase of the certificated vessel that is in effect on the date of the enactment of this Act is terminated, the purchasing party to that contract shall be prohibited from entering into a subsequent contract or agreement for purchase of such vessel.

(e) Definition.—In this section—

(1) the term “Secretary” means the Secretary of the department in which the Coast Guard is operating, acting through the Commandant of the Coast Guard; and

(2) the term “certificated vessel” means the vessel America’s Finest (United States official number 1276760).

SEC. 4836. Temporary limitations.

(a) Limitations.—

(1) IN GENERAL.—Upon the Coast Guard issuing a certificate of documentation with coastwise and fishery endorsements for the vessel “AMERICA'S FINEST” (United States official number 1276760), and subject to subsection (b), the vessels described in paragraph (2) shall not collectively exceed—

(A) the percentage of the harvest available in any Gulf of Alaska groundfish fisheries (other than fisheries subject to a limited access privilege program created by the North Pacific Fishery Management Council) that is equivalent to the total harvest by the vessels described in paragraph (2) in those fisheries in the calendar years that a vessel described in paragraph (2) had harvest from 2012 through 2017 relative to the total allowable catch available to such vessels in the calendar years 2012 through 2017; or

(B) the percentage of processing of deliveries from other vessels in any Bering Sea, Aleutian Islands, and Gulf of Alaska groundfish fisheries (including fisheries subject to a limited access privilege program created by the North Pacific Fishery Management Council, or community development quotas as described in section 305(i) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1855(i))) that is equivalent to the total processing of such deliveries by the vessels described in paragraph (2) in those fisheries in the calendar years 2012 through 2017 relative to the total allowable catch available in the calendar years 2012 through 2017.

(2) APPLICABLE VESSELS.—The limitations described in paragraph (1) shall apply, in the aggregate, to—

(A) the vessel AMERICA’S FINEST (United States official number 1276760);

(B) the vessel US INTREPID (United States official number 604439);

(C) the vessel AMERICAN NO. 1 (United States official number 610654);

(D) any replacement of a vessel described in subparagraph (A), (B), or (C); and

(E) any vessel assigned license number LLG3217 under the license limitation program under part 679 of title 50, Code of Federal Regulations.

(b) Expiration.—The limitations described in subsection (a) shall apply to a groundfish species in Bering Sea, Aleutian Islands, and Gulf of Alaska only until the earlier of—

(1) the end of the 6-year period beginning on the date of enactment of this Act; or

(2) the date on which the Secretary of Commerce issues a final rule, based on recommendations developed by the North Pacific Fishery Management Council consistent with the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), that limits processing deliveries of that groundfish species from other vessels in any Bering Sea, Aleutian Islands, and Gulf of Alaska groundfish fisheries that are not subject to conservation and management measures under section 206 of the American Fisheries Act (16 U.S.C. 1851 note).

(c) Existing authority.—Except for the measures required by this section, nothing in this title shall be construed to limit the authority of the North Pacific Fishery Management Council or the Secretary of Commerce under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).

SEC. 4837. Transfer of Coast Guard property in Jupiter Island, Florida, for inclusion in Hobe Sound National Wildlife Refuge.

(a) Transfer.—Administrative jurisdiction over the property described in subsection (b) is transferred to the Secretary of the Interior.

(b) Property described.—The property described in this subsection is real property administered by the Coast Guard in the Town of Jupiter Island, Florida, comprising Parcel #35-38-42-004-000-02590-6 (Bon Air Beach lots 259 and 260 located at 83 North Beach Road) and Parcel #35-38-42-004-000-02610-2 (Bon Air Beach lots 261 to 267), including any improvements thereon that are not authorized or required by another provision of law to be conveyed to another person.

(c) Administration.—The property described in subsection (b) is included in Hobe Sound National Wildlife Refuge, and shall be administered by the Secretary of the Interior acting through the United States Fish and Wildlife Service.

SEC. 4838. Emergency response.

Not later than 90 days after the date of enactment of this Act, the Commandant of the Coast Guard shall request the Comptroller General of the United States to examine whether there are unnecessary regulatory barriers to the use of small passenger vessels, crewboats, and offshore supply vessels in disaster response and provide recommendations, as appropriate, to reduce such barriers.

SEC. 4839. Drawbridges consultation.

(a) Consultation.—In addition and subsequent to any rulemaking conducted under section 117.8 of title 33, Code of Federal Regulations, related to permanent changes to drawbridge openings that result from Amtrak service between New Orleans, Louisiana and Orlando, Florida, the Commandant shall consult with owners or operators of rail lines used for Amtrak passenger service between New Orleans, Louisiana and Orlando, Florida and affected waterway users on changes to drawbridge operating schedules necessary to facilitate the On Time Performance of passenger trains. These changes to schedules shall not impact Coast Guard response times to operational missions.

(b) Timing.—Consultation in subsection (a) shall occur after commencement of Amtrak passenger service on the rail lines between New Orleans, Louisiana and Orlando, Florida at the following intervals:

(1) Not less than 3 months following the commencement of Amtrak passenger service.

(2) Not less than 6 months following the commencement of Amtrak passenger service.

(c) Report.—If after conducting the consultations required by subsection (b)(2), the Commandant finds that permanent changes to drawbridge operations are necessary to mitigate delays in the movement of trains described in subsection (a) and that those changes do not unreasonably obstruct the navigability of the affected waterways, then the Commandant shall submit those findings to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.

DIVISION ENational Strategic and Critical Minerals Production

SEC. 5001. Findings.

Congress finds that—

(1) in agreement with Executive Order No. 13806, a healthy manufacturing and defense industrial base and resilient supply chains are essential to the economic strength and national security of the United States. Modern supply chains, however are often long and the ability of the United States to manufacture or obtain goods critical to national security could be hampered by an inability to obtain various essential components, which themselves may not be directly related to national security;

(2) in agreement with Executive Order No. 13817, the United States is heavily reliant on imports of certain mineral commodities that are vital to the Nation's security and economic prosperity;

(3) this dependency of the United States on foreign sources creates a strategic vulnerability for both its economy and military to adverse foreign government actons, natural disaster, and other events that can disrupt supply of these key minerals. Increased private-sector domestic exploration, production, recycling, and reprocessing of critical minerals, and support for efforts to identify more commonly available technological alternatives to these minerals, will reduce our dependence on imports, preserve our leadership in technological innovation, support job creation, improve national security and balance of trade, and enhance the technological superiority and readiness of our Armed Forces, which are among the Nation's most significant consumers of critical minerals;

(4) the industrialization of developing nations has driven demand for nonfuel minerals necessary for telecommunications, military technologies, healthcare technologies, and conventional and renewable energy technologies;

(5) the availability of minerals and mineral materials are essential for economic growth, national security, technological innovation, and the manufacturing and agricultural supply chain;

(6) minerals and mineral materials are critical components of every transportation, water, telecommunications, and energy infrastructure project necessary to modernize the crumbling infrastructure of the United States;

(7) the exploration, production, processing, use, and recycling of minerals contribute significantly to the economic well-being, security, and general welfare of the United States; and

(8) the United States has vast mineral resources but is becoming increasingly dependent on foreign sources of mineral resources, as demonstrated by the fact that—

(A) 25 years ago, the United States was dependent on foreign sources for 45 nonfuel mineral materials, of which—

(i) 8 were imported by the United States to fulfill 100 percent of the requirements of the United States for those nonfuel mineral materials; and

(ii) 19 were imported by the United States to fulfill greater than 50 percent of the requirements of the United States for those nonfuel mineral materials;

(B) by 2015 the import dependence of the United States for nonfuel mineral materials increased from dependence on the import of 45 nonfuel mineral materials to dependence on the import of 47 nonfuel mineral materials, of which—

(i) 19 were imported by the United States to fulfill 100 percent of the requirements of the United States for those nonfuel mineral materials; and

(ii) 22 were imported by the United States to fulfill greater than 50 percent of the requirements of the United States for those nonfuel mineral materials;

(C) according to the Department of Energy, the United States imports greater than 50 percent of the 41 metals and minerals key to clean energy applications;

(D) the United States share of worldwide mineral exploration dollars was 7 percent in 2015, down from 19 percent in the early 1990s;

(E) the 2014 Ranking of Countries for Mining Investment, which ranks 25 major mining countries, found that 7- to 10-year permitting delays are the most significant risk to mining projects in the United States; and

(F) in late 2016, the Government Accountability Office found that—

(i) “the Federal government’s approach to addressing critical materials supply issues has not been consistent with selected key practices for interagency collaboration, such as ensuring that agencies’ roles and responsibilities are clearly defined”; and

(ii) “the Federal critical materials approach faces other limitations, including data limitations and a focus on only a subset of critical materials, a limited focus on domestic production of critical materials, and limited engagement with industry”.

SEC. 5002. Definitions.

In this division:

(1) AGENCY.—The term “agency” means—

(A) any agency, department, or other unit of Federal, State, local, or tribal government; or

(B) an Alaska Native Corporation.

(2) ALASKA NATIVE CORPORATION.—The term “Alaska Native Corporation” has the meaning given the term “Native Corporation” in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602).

(3) LEAD AGENCY.—The term “lead agency” means the agency with primary responsibility for issuing a mineral exploration or mine permit for a project.

(4) MINERAL EXPLORATION OR MINE PERMIT.—The term “mineral exploration or mine permit” includes—

(A) an authorization of the Bureau of Land Management or the Forest Service, as applicable, for premining activities that requires an environmental impact statement or similar analysis under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

(B) a plan of operations issued by—

(i) the Bureau of Land Management under subpart 3809 of part 3800 of title 43, Code of Federal Regulations (or successor regulations); or

(ii) the Forest Service under subpart A of part 228 of title 36, Code of Federal Regulations (or successor regulations); and

(C) a permit issued under an authority described in section 3503.13 of title 43, Code of Federal regulations (or successor regulations).

(5) PROJECT.—The term “project” means a project for which the issuance of a permit is required to conduct activities for, relating to, or incidental to mineral exploration, mining, beneficiation, processing, or reclamation activities—

(A) on a mining claim, millsite claim, or tunnel site claim for any locatable mineral; or

(B) in conjunction with any Federal mineral (other than coal and oil shale) that is leased under—

(i) the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 et seq.); or

(ii) section 402 of Reorganization Plan Numbered 3 of 1946 (5 U.S.C. App.).

SEC. 5003. Improving development of strategic and critical minerals.

(a) Definition of strategic and critical minerals.—In this section, the term “strategic and critical minerals” means minerals that are necessary—

(1) for the national defense and national security requirements, including supply chain resiliency;

(2) for the energy infrastructure of the United States, including—

(A) pipelines;

(B) refining capacity;

(C) electrical power generation and transmission; and

(D) renewable energy production;

(3) for community resiliency, coastal restoration, and ecological sustainability for the coastal United States;

(4) to support domestic manufacturing, agriculture, housing, telecommunications, healthcare, and transportation infrastructure; or

(5) for the economic security of, and balance of trade in, the United States.

(b) Consideration of certain domestic mines as infrastructure projects.—A domestic mine that, as determined by the lead agency, will provide strategic and critical minerals shall be considered to be an infrastructure project, as described in Executive Order No. 13807.

SEC. 5004. Responsibilities of the lead agency.

(a) In general.—The lead agency shall appoint a project lead within the lead agency, who shall coordinate and consult with cooperating agencies and any other agencies involved in the permitting process, project proponents, and contractors to ensure that cooperating agencies and other agencies involved in the permitting process, project proponents, and contractors—

(1) minimize delays;

(2) set and adhere to timelines and schedules for completion of the permitting process;

(3) set clear permitting goals; and

(4) track progress against those goals.

(b) Determination under NEPA.—

(1) IN GENERAL.—To the extent that the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) applies to the issuance of any mineral exploration or mine permit, the requirements of that Act shall be considered to have been procedurally and substantively satisfied if the lead agency determines that any State or Federal agency acting under State or Federal law has addressed or will address the following factors:

(A) The environmental impact of the action to be conducted under the permit.

(B) Possible adverse environmental effects of actions under the permit.

(C) Possible alternatives to issuance of the permit.

(D) The relationship between long- and short-term uses of the local environment and the maintenance and enhancement of long-term productivity.

(E) Any irreversible and irretrievable commitment of resources that would be involved in the proposed action.

(F) That public participation will occur during the decisionmaking process for authorizing actions under the permit.

(2) WRITTEN REQUIREMENT.—In making a determination under paragraph (1), not later than 90 days after receipt of an application for the permit, the lead agency, in a written record of decision, shall—

(A) explain the rationale used in reaching the determination;

(B) state the facts in the record that are the basis for the determination; and

(C) show that the facts in the record could allow a reasonable person to reach the same determination as the lead agency did.

(c) Coordination on Permitting Process.—

(1) IN GENERAL.—The lead agency shall enhance government coordination for the permitting process by—

(A) avoiding duplicative reviews;

(B) minimizing paperwork; and

(C) engaging other agencies and stakeholders early in the process.

(2) CONSIDERATIONS.—In carrying out paragraph (1), the lead agency shall consider—

(A) deferring to, and relying on, baseline data, analyses, and reviews performed by State agencies with jurisdiction over the proposed project; and

(B) to the maximum extent practicable, conducting any consultations or reviews concurrently rather than sequentially if the concurrent consultation or review would expedite the process.

(3) MEMORANDUM OF AGENCY AGREEMENT.—If requested at any time by a State or local planning agency, the lead agency, in consultation with other Federal agencies with relevant jurisdiction in the environmental review process, may establish memoranda of agreement with the project sponsor, State and local governments, and other appropriate entities to accomplish the coordination activities described in this subsection.

(d) Schedule for Permitting Process.—

(1) IN GENERAL.—For any project for which the lead agency cannot make the determination described subsection (b), at the request of a project proponent, the lead agency, cooperating agencies, and any other agencies involved with the mineral exploration or mine permitting process shall enter into an agreement with the project proponent that sets time limits for each part of the permitting process, including—

(A) the decision on whether to prepare an environmental impact statement or similar analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

(B) a determination of the scope of any environmental impact statement or similar analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

(C) the scope of, and schedule for, the baseline studies required to prepare an environmental impact statement or similar analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

(D) preparation of any draft environmental impact statement or similar analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

(E) preparation of a final environmental impact statement or similar analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

(F) any consultations required under applicable law;

(G) submission and review of any comments required under applicable law;

(H) publication of any public notices required under applicable law; and

(I) any final or interim decisions.

(2) TIME LIMIT FOR PERMITTING PROCESS.—Except if extended by mutual agreement of the project proponent and the lead agency, the time period for the total review process described in paragraph (1) shall not exceed 30 months.

(e) Limitation on Addressing Public Comments.—The lead agency shall not be required to address any agency or public comments that were not submitted—

(1) during a public comment period or consultation period provided during the permitting process; or

(2) as otherwise required by law.

(f) Financial Assurance.—The lead agency shall determine the amount of financial assurance required for reclamation of a mineral exploration or mining site, on the condition that the financial assurance shall cover the estimated cost if the lead agency were to contract with a third party to reclaim the operations according to the reclamation plan, including construction and maintenance costs for any treatment facilities necessary to meet Federal, State, or tribal environmental standards.

(g) Projects within National Forests.—With respect to projects on National Forest System land, the lead agency shall—

(1) exempt from the requirements of part 294 of title 36, Code of Federal Regulations (or successor regulations)—

(A) all areas of identified mineral resources in land use designations, other than nondevelopment land use designations, in existence on the date of enactment of this division; and

(B) all additional routes and areas that the lead agency determines necessary to facilitate the construction, operation, maintenance, and restoration of an area described in paragraph (1); and

(2) continue to apply the exemptions described in paragraph (1) after the date on which approval of the minerals plan of operations described in section 3(4)(B)(ii) for the National Forest System land.

(h) Application to Existing Permit Applications.—

(1) IN GENERAL.—This section applies to a mineral exploration or mine permit for which an application was submitted before the date of enactment of this division if the applicant for the permit submits a written request to the lead agency for the permit.

(2) IMPLEMENTATION.—The lead agency shall begin implementing this section with respect to an application described in paragraph (1) not later than 30 days after the date on which the lead agency receives the written request for the permit.

SEC. 5005. Federal Register process for mineral exploration and mining projects.

(a) Departmental Review.—Absent any extraordinary circumstances, as determined by the Secretary of the Interior or the Secretary of Agriculture, as applicable, and except as otherwise required by law, the Secretary of the Interior or the Secretary of Agriculture, as applicable, shall ensure that each Federal Register notice associated with the issuance of a mineral exploration or mine permit and required by law shall be—

(1) subject to any required reviews within the Department of the Interior or the Department of Agriculture, as applicable; and

(2) published in final form in the Federal Register not later than 45 days after the date of initial preparation of the notice.

(b) Preparation.—The preparation of any Federal Register notice described in subsection (a) shall be delegated to the organizational level within the lead agency.

(c) Transmission.—All Federal Register notices described in subsection (a) regarding official document availability, announcements of meetings, or notices of intent to undertake an action shall originate in, and be transmitted to the Federal Register from, the office in which, as applicable—

(1) the documents or meetings are held; or

(2) the activity is initiated.

SEC. 5006. Secretarial order not affected.

This division shall not apply to any mineral described in Secretarial Order 3324, issued by the Secretary of the Interior on December 3, 2012, in any area to which the order applies.

DIVISION FFees for Medical Services Provided by National Park Service Personnel

SEC. 6101. Fees for medical services.

(a) Fees authorized.—The Secretary may establish and collect fees for medical services provided by National Park Service personnel to persons—

(1) inside of a unit of the National Park System; and

(2) outside of a unit of the National Park System.

(b) National Park Medical Services Fund.—There is hereby established in the Treasury a fund to be known as the “National Park Medical Services Fund”. The Fund shall consist of—

(1) donations to the Fund; and

(2) fees collected under subsection (a).

(c) Availability of Amounts.—All amounts deposited into the Fund shall be available to the Secretary, to the extent provided in advance by Acts of appropriation, for the following:

(1) Provision of services listed in subsection (a).

(2) Preparing needs assessments or other programmatic analyses for medical facilities, equipment, vehicles, and other needs and costs of providing services listed in subsection (a).

(3) Developing management plans for medical facilities, equipment, vehicles, and other needs and costs of services listed in subsection (a).

(4) Training related to providing services listed in subsection (a).

(5) Obtaining or improving medical facilities, equipment, vehicles, and other needs and costs of providing services listed in subsection (a).

(d) Definitions.—For the purposes of this section:

(1) FUND.—The term “Fund” means the National Park Medical Services Fund established by subsection (b).

(2) SECRETARY.—The term “Secretary” means the Secretary of the Interior.

DIVISION GFunding Tables

SEC. 7001. Authorization of amounts in funding tables.

(a) In general.—Whenever a funding table in this division specifies a dollar amount authorized for a project, program, or activity, the obligation and expenditure of the specified dollar amount for the project, program, or activity is hereby authorized, subject to the availability of appropriations.

(b) Merit-Based decisions.—A decision to commit, obligate, or expend funds with or to a specific entity on the basis of a dollar amount authorized pursuant to subsection (a) shall—

(1) be based on merit-based selection procedures in accordance with the requirements of sections 2304(k) and 2374 of title 10, United States Code, or on competitive procedures; and

(2) comply with other applicable provisions of law.

(c) Relationship to transfer and programming authority.—An amount specified in the funding tables in this division may be transferred or reprogrammed under a transfer or reprogramming authority provided by another provision of this Act or by other law. The transfer or reprogramming of an amount specified in such funding tables shall not count against a ceiling on such transfers or reprogrammings under section 1001 or section 1512 of this Act or any other provision of law, unless such transfer or reprogramming would move funds between appropriation accounts.

(d) Applicability to classified annex.—This section applies to any classified annex that accompanies this Act.

(e) Oral and written communications.—No oral or written communication concerning any amount specified in the funding tables in this division shall supersede the requirements of this section.

TITLE LXXIPROCUREMENT

SEC. 7101. Procurement.


SEC. 7101. PROCUREMENT(In Thousands of Dollars)
Line Item FY 2019 Request House Authorized
AIRCRAFT PROCUREMENT, ARMY
FIXED WING
002 UTILITY F/W AIRCRAFT 744 744
003 MQ–1 UAV 43,326 103,326
     MQ–1 Gray Eagle Service Life Extension Program [60,000]
004 RQ–11 (RAVEN) 46,416 46,416
ROTARY
007 AH–64 APACHE BLOCK IIIA REMAN 753,248 753,248
008    ADVANCE PROCUREMENT (CY) 174,550 174,550
009 AH–64 APACHE BLOCK IIIB NEW BUILD 284,687 284,687
     Additional AH–64Es to address ARNG shortfalls [192,000]
     Realignment to cover ARNG shortfalls [–192,000]
010    ADVANCE PROCUREMENT (CY) 58,600 58,600
011 UH–60 BLACKHAWK M MODEL (MYP) 988,810 1,073,810
     Additional UH–60Ms for ARNG [85,000]
012    ADVANCE PROCUREMENT (CY) 106,150 106,150
013 UH–60 BLACK HAWK A AND L MODELS 146,138 146,138
014 CH–47 HELICOPTER 99,278 99,278
015    ADVANCE PROCUREMENT (CY) 24,235 24,235
MODIFICATION OF AIRCRAFT
018 UNIVERSAL GROUND CONTROL EQUIPMENT (UAS) 27,114 27,114
019 GRAY EAGLE MODS2 97,781 97,781
020 MULTI SENSOR ABN RECON (MIP) 52,274 66,274
     Army UFR: program increase [14,000]
021 AH–64 MODS 104,996 104,996
022 CH–47 CARGO HELICOPTER MODS (MYP) 7,807 7,807
023 GRCS SEMA MODS (MIP) 5,573 5,573
024 ARL SEMA MODS (MIP) 7,522 7,522
025 EMARSS SEMA MODS (MIP) 20,448 20,448
026 UTILITY/CARGO AIRPLANE MODS 17,719 17,719
027 UTILITY HELICOPTER MODS 6,443 16,443
     UH–72A Life-Cycle Sustainability [10,000]
028 NETWORK AND MISSION PLAN 123,614 123,614
029 COMMS, NAV SURVEILLANCE 161,969 161,969
030 DEGRADED VISUAL ENVIRONMENT 30,000 30,000
031 GATM ROLLUP 26,848 26,848
032 RQ–7 UAV MODS 103,246 154,114
     Realignment of EDI APS Unit Set from OCO to Base [50,868]
033 UAS MODS 17,644 21,046
     Realignment of EDI APS Unit Set from OCO to Base [3,402]
GROUND SUPPORT AVIONICS
034 AIRCRAFT SURVIVABILITY EQUIPMENT 57,170 57,170
035 SURVIVABILITY CM 5,853 5,853
036 CMWS 13,496 13,496
037 COMMON INFRARED COUNTERMEASURES (CIRCM) 36,839 36,839
OTHER SUPPORT
038 AVIONICS SUPPORT EQUIPMENT 1,778 1,778
039 COMMON GROUND EQUIPMENT 34,818 34,818
040 AIRCREW INTEGRATED SYSTEMS 27,243 27,243
041 AIR TRAFFIC CONTROL 63,872 63,872
042 INDUSTRIAL FACILITIES 1,417 1,417
043 LAUNCHER, 2.75 ROCKET 1,901 1,901
044 LAUNCHER GUIDED MISSILE: LONGBOW HELLFIRE XM2 991 991
       TOTAL AIRCRAFT PROCUREMENT, ARMY 3,782,558 4,005,828
MISSILE PROCUREMENT, ARMY
SURFACE-TO-AIR MISSILE SYSTEM
001 LOWER TIER AIR AND MISSILE DEFENSE (AMD) 111,395 111,395
002 MSE MISSILE 871,276 1,131,276
     Realignment of EDI APS Unit Set from OCO to Base [260,000]
003 INDIRECT FIRE PROTECTION CAPABILITY INC 2–I 145,636 145,636
004    ADVANCE PROCUREMENT (CY) 31,286 31,286
AIR-TO-SURFACE MISSILE SYSTEM
006 JOINT AIR-TO-GROUND MSLS (JAGM) 276,462 248,862
     Unit cost and engineering services cost growth [–27,600]
ANTI-TANK/ASSAULT MISSILE SYS
008 JAVELIN (AAWS-M) SYSTEM SUMMARY 303,665 267,465
     Forward financed in the FY18 Omnibus for command launch units [–50,000]
     Realignment of EDI APS Unit Set from OCO to Base [13,800]
009 TOW 2 SYSTEM SUMMARY 105,014 105,014
010    ADVANCE PROCUREMENT (CY) 19,949 19,949
011 GUIDED MLRS ROCKET (GMLRS) 359,613 329,613
     Forward financed in the FY18 Omnibus [–30,000]
012 MLRS REDUCED RANGE PRACTICE ROCKETS (RRPR) 20,964 20,964
013 HIGH MOBILITY ARTILLERY ROCKET SYSTEM (HIMARS 171,138
     Realignment of EDI APS Unit Set from OCO to Base [171,138]
MODIFICATIONS
015 PATRIOT MODS 313,228 333,228
     Increase PATRIOT Mod efforts [20,000]
016 ATACMS MODS 221,656 236,656
     Forward financed in the FY18 Omnibus [–65,000]
     Realignment of EDI APS Unit Set from OCO to Base [80,000]
017 GMLRS MOD 266 266
018 STINGER MODS 94,756 94,756
019 AVENGER MODS 48,670 48,670
020 ITAS/TOW MODS 3,173 3,173
021 MLRS MODS 383,216 505,216
     Realignment of EDI APS Unit Set from OCO to Base [122,000]
022 HIMARS MODIFICATIONS 10,196 10,196
SPARES AND REPAIR PARTS
023 SPARES AND REPAIR PARTS 27,737 27,737
SUPPORT EQUIPMENT & FACILITIES
024 AIR DEFENSE TARGETS 6,417 6,417
025 PRODUCTION BASE SUPPORT 1,202 1,202
       TOTAL MISSILE PROCUREMENT, ARMY 3,355,777 3,850,115
PROCUREMENT OF W&TCV, ARMY
TRACKED COMBAT VEHICLES
001 BRADLEY PROGRAM 205,000
     Realignment of EDI APS Unit Set from OCO to Base [205,000]
002 ARMORED MULTI PURPOSE VEHICLE (AMPV) 479,801 710,160
     Realignment of EDI APS Unit Set from OCO to Base [230,359]
MODIFICATION OF TRACKED COMBAT VEHICLES
004 STRYKER (MOD) 287,490 138,190
     Army requested realignment to WTCV–5 [–149,300]
005 STRYKER UPGRADE 21,900 360,000
     A1 conversions for 5th SBCT [188,800]
     Army requested realignment—A1 conversions for 5th SBCT [149,300]
006 BRADLEY PROGRAM (MOD) 625,424 675,424
     Realignment of EDI APS Unit Set from OCO to Base [50,000]
007 M109 FOV MODIFICATIONS 26,482 26,482
008 PALADIN INTEGRATED MANAGEMENT (PIM) 351,802 493,802
     Realignment of EDI APS Unit Set from OCO to Base [67,000]
     Smooth funding production profile [75,000]
009 IMPROVED RECOVERY VEHICLE (M88A2 HERCULES) 110,500 152,854
     Realignment of EDI APS Unit Set from OCO to Base [42,354]
010 ASSAULT BRIDGE (MOD) 2,120 2,120
011 ASSAULT BREACHER VEHICLE 62,407 62,407
012 M88 FOV MODS 4,517 4,517
013 JOINT ASSAULT BRIDGE 142,255 142,255
014 M1 ABRAMS TANK (MOD) 927,600 961,600
     Realignment of EDI APS Unit Set from OCO to Base [34,000]
015 ABRAMS UPGRADE PROGRAM 1,075,999 1,530,999
     Realignment of EDI APS Unit Set from OCO to Base [455,000]
WEAPONS & OTHER COMBAT VEHICLES
018 M240 MEDIUM MACHINE GUN (7.62MM) 1,955 7,081
     Program Increase—M240L and M240B [5,000]
     Realignment of EDI APS Unit Set from OCO to Base [126]
019 MULTI-ROLE ANTI-ARMOR ANTI-PERSONNEL WEAPON S 23,345 23,345
020 GUN AUTOMATIC 30MM M230 7,434 7,434
021 MACHINE GUN, CAL .50 M2 ROLL 22,330 22,330
022 MORTAR SYSTEMS 12,470 12,650
     Realignment of EDI APS Unit Set from OCO to Base [180]
023 XM320 GRENADE LAUNCHER MODULE (GLM) 697 697
024 COMPACT SEMI-AUTOMATIC SNIPER SYSTEM 46,236 46,236
025 CARBINE 69,306 71,106
     Realignment of EDI APS Unit Set from OCO to Base [1,800]
026 SMALL ARMS—FIRE CONTROL 7,929 7,929
027 COMMON REMOTELY OPERATED WEAPONS STATION 35,968 39,346
     Realignment of EDI APS Unit Set from OCO to Base [3,378]
028 HANDGUN 48,251 48,251
MOD OF WEAPONS AND OTHER COMBAT VEH
029 MK–19 GRENADE MACHINE GUN MODS 1,684 1,684
030 M777 MODS 3,086 3,086
031 M4 CARBINE MODS 31,575 35,775
     Additional free-float forward extended rails [4,200]
032 M2 50 CAL MACHINE GUN MODS 21,600 26,520
     Realignment of EDI APS Unit Set from OCO to Base [4,920]
033 M249 SAW MACHINE GUN MODS 3,924 3,924
034 M240 MEDIUM MACHINE GUN MODS 6,940 6,947
     Realignment of EDI APS Unit Set from OCO to Base [7]
035 SNIPER RIFLES MODIFICATIONS 2,747 2,747
036 M119 MODIFICATIONS 5,704 5,704
037 MORTAR MODIFICATION 3,965 3,965
038 MODIFICATIONS LESS THAN $5.0M (WOCV-WTCV) 5,577 5,577
SUPPORT EQUIPMENT & FACILITIES
039 ITEMS LESS THAN $5.0M (WOCV-WTCV) 3,174 4,571
     Realignment of EDI APS Unit Set from OCO to Base [1,397]
040 PRODUCTION BASE SUPPORT (WOCV-WTCV) 3,284 3,284
041 SMALL ARMS EQUIPMENT (SOLDIER ENH PROG) 1,640 1,640
       TOTAL PROCUREMENT OF W&TCV, ARMY 4,489,118 5,857,639
PROCUREMENT OF AMMUNITION, ARMY
SMALL/MEDIUM CAL AMMUNITION
001 CTG, 5.56MM, ALL TYPES 41,848 45,240
     Realignment of EDI APS Unit Set from OCO to Base [3,392]
002 CTG, 7.62MM, ALL TYPES 86,199 86,239
     Realignment of EDI APS Unit Set from OCO to Base [40]
003 CTG, HANDGUN, ALL TYPES 20,158 20,175
     Realignment of EDI APS Unit Set from OCO to Base [17]
004 CTG, .50 CAL, ALL TYPES 65,573 65,762
     Realignment of EDI APS Unit Set from OCO to Base [189]
005 CTG, 20MM, ALL TYPES 8,198 8,198
007 CTG, 30MM, ALL TYPES 77,995 102,995
     Realignment of EDI APS Unit Set from OCO to Base [25,000]
008 CTG, 40MM, ALL TYPES 69,781 69,781
MORTAR AMMUNITION
009 60MM MORTAR, ALL TYPES 45,280 45,498
     Realignment of EDI APS Unit Set from OCO to Base [218]
010 81MM MORTAR, ALL TYPES 46,853 47,337
     Realignment of EDI APS Unit Set from OCO to Base [484]
011 120MM MORTAR, ALL TYPES 83,003 83,003
TANK AMMUNITION
012 CARTRIDGES, TANK, 105MM AND 120MM, ALL TYPES 168,101 168,101
ARTILLERY AMMUNITION
013 ARTILLERY CARTRIDGES, 75MM & 105MM, ALL TYPES 39,341 39,341
014 ARTILLERY PROJECTILE, 155MM, ALL TYPES 211,442 290,842
     Realignment of EDI APS Unit Set from OCO to Base [79,400]
015 PROJ 155MM EXTENDED RANGE M982 100,906 152,606
     Realignment of EDI APS Unit Set from OCO to Base [51,700]
016 ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL 236,677 268,577
     Forward financed in the FY18 Omnibus [–15,000]
     Program decrease [–2,000]
     Realignment of EDI APS Unit Set from OCO to Base [48,900]
MINES
017 MINES & CLEARING CHARGES, ALL TYPES 15,905 15,905
ROCKETS
018 SHOULDER LAUNCHED MUNITIONS, ALL TYPES 4,503 31,745
     Army UFR: bunker defeat munitions [25,000]
     Realignment of EDI APS Unit Set from OCO to Base [2,242]
019 ROCKET, HYDRA 70, ALL TYPES 211,211 241,211
     Army UFR: additional HYDRA rockets [30,000]
OTHER AMMUNITION
020 CAD/PAD, ALL TYPES 10,428 10,428
021 DEMOLITION MUNITIONS, ALL TYPES 44,656 44,661
     Realignment of EDI APS Unit Set from OCO to Base [5]
022 GRENADES, ALL TYPES 19,896 19,904
     Realignment of EDI APS Unit Set from OCO to Base [8]
023 SIGNALS, ALL TYPES 10,121 10,121
024 SIMULATORS, ALL TYPES 11,464 11,464
MISCELLANEOUS
025 AMMO COMPONENTS, ALL TYPES 5,224 5,224
026 NON-LETHAL AMMUNITION, ALL TYPES 4,310 4,310
027 ITEMS LESS THAN $5 MILLION (AMMO) 11,193 11,259
     Realignment of EDI APS Unit Set from OCO to Base [66]
028 AMMUNITION PECULIAR EQUIPMENT 10,500 10,500
029 FIRST DESTINATION TRANSPORTATION (AMMO) 18,456 18,456
030 CLOSEOUT LIABILITIES 100 100
PRODUCTION BASE SUPPORT
032 INDUSTRIAL FACILITIES 394,133 394,133
033 CONVENTIONAL MUNITIONS DEMILITARIZATION 157,535 157,535
034 ARMS INITIATIVE 3,771 3,771
       TOTAL PROCUREMENT OF AMMUNITION, ARMY 2,234,761 2,484,422
OTHER PROCUREMENT, ARMY
TACTICAL VEHICLES
001 TACTICAL TRAILERS/DOLLY SETS 16,512 16,512
002 SEMITRAILERS, FLATBED: 16,951 24,951
     Realignment of EDI APS Unit Set from OCO to Base [8,000]
003 AMBULANCE, 4 LITTER, 5/4 TON, 4X4 50,123 70,893
     Realignment of EDI APS Unit Set from OCO to Base [20,770]
004 GROUND MOBILITY VEHICLES (GMV) 46,988 36,988
     Unobligated Balances [–10,000]
005 ARNG HMMWV MODERNIZATION PROGRAM 25,000
     Additional HMMWVs [25,000]
006 JOINT LIGHT TACTICAL VEHICLE 1,319,436 1,319,436
007 TRUCK, DUMP, 20T (CCE) 6,480 6,480
008 FAMILY OF MEDIUM TACTICAL VEH (FMTV) 132,882 132,882
009 FIRETRUCKS & ASSOCIATED FIREFIGHTING EQUIP 14,842 14,842
010 FAMILY OF HEAVY TACTICAL VEHICLES (FHTV) 138,105 253,505
     Realignment of EDI APS Unit Set from OCO to Base [115,400]
012 HVY EXPANDED MOBILE TACTICAL TRUCK EXT SERV 31,892 38,574
     Realignment of EDI APS Unit Set from OCO to Base [6,682]
013 TACTICAL WHEELED VEHICLE PROTECTION KITS 38,128 88,128
     Realignment of EDI APS Unit Set from OCO to Base [50,000]
014 MODIFICATION OF IN SVC EQUIP 78,507 78,884
     Realignment of EDI APS Unit Set from OCO to Base [377]
015 MINE-RESISTANT AMBUSH-PROTECTED (MRAP) MODS 27,000
     SFAB emerging requirements [27,000]
NON-TACTICAL VEHICLES
016 HEAVY ARMORED VEHICLE 790 790
017 PASSENGER CARRYING VEHICLES 1,390 1,390
018 NONTACTICAL VEHICLES, OTHER 15,415 15,415
COMM—JOINT COMMUNICATIONS
020 SIGNAL MODERNIZATION PROGRAM 150,777 150,777
021 TACTICAL NETWORK TECHNOLOGY MOD IN SVC 469,117 533,117
     Additional TCN-L, NOSC-L, and next generation embedded kits for IBCTs and SBCTs [64,000]
022 SITUATION INFORMATION TRANSPORT 62,727 62,727
023 JOINT INCIDENT SITE COMMUNICATIONS CAPABILITY 13,895 13,895
024 JCSE EQUIPMENT (USREDCOM) 4,866 4,866
COMM—SATELLITE COMMUNICATIONS
027 DEFENSE ENTERPRISE WIDEBAND SATCOM SYSTEMS 108,133 108,133
028 TRANSPORTABLE TACTICAL COMMAND COMMUNICATIONS 56,737 56,737
029 SHF TERM 13,100 13,100
030 SMART-T (SPACE) 9,160 9,160
031 GLOBAL BRDCST SVC—GBS 25,647 25,647
032 ENROUTE MISSION COMMAND (EMC) 37,401 37,401
COMM—C3 SYSTEM
036 COE TACTICAL SERVER INFRASTRUCTURE (TSI) 20,500 20,500
COMM—COMBAT COMMUNICATIONS
037 JOINT TACTICAL RADIO SYSTEM 1,560
     Realignment of EDI APS Unit Set from OCO to Base [1,560]
038 HANDHELD MANPACK SMALL FORM FIT (HMS) 351,565 351,565
040 RADIO TERMINAL SET, MIDS LVT(2) 4,641 4,641
041 TRACTOR DESK 2,187 2,187
042 TRACTOR RIDE 9,411 22,611
     Army UFR: program increase [13,200]
044 SPIDER FAMILY OF NETWORKED MUNITIONS INCR 17,515 17,515
045 TACTICAL COMMUNICATIONS AND PROTECTIVE SYSTEM 819 819
046 UNIFIED COMMAND SUITE 17,807 17,807
047 COTS COMMUNICATIONS EQUIPMENT 191,835 208,835
     Program decrease [–5,000]
     Realignment of EDI APS Unit Set from OCO to Base [22,000]
048 FAMILY OF MED COMM FOR COMBAT CASUALTY CARE 25,177 25,177
COMM—INTELLIGENCE COMM
050 CI AUTOMATION ARCHITECTURE (MIP) 9,740 9,740
051 DEFENSE MILITARY DECEPTION INITIATIVE 2,667 2,667
INFORMATION SECURITY
053 FAMILY OF BIOMETRICS 8,319 8,319
054 INFORMATION SYSTEM SECURITY PROGRAM-ISSP 2,000 2,000
055 COMMUNICATIONS SECURITY (COMSEC) 88,337 88,340
     Realignment of EDI APS Unit Set from OCO to Base [3]
056 DEFENSIVE CYBER OPERATIONS 51,343 51,343
057 INSIDER THREAT PROGRAM—UNIT ACTIVITY MONITO 330 330
058 PERSISTENT CYBER TRAINING ENVIRONMENT 3,000 3,000
COMM—LONG HAUL COMMUNICATIONS
059 BASE SUPPORT COMMUNICATIONS 34,434 34,434
COMM—BASE COMMUNICATIONS
060 INFORMATION SYSTEMS 95,558 95,558
061 EMERGENCY MANAGEMENT MODERNIZATION PROGRAM 4,736 4,736
062 HOME STATION MISSION COMMAND CENTERS (HSMCC) 24,479 24,479
063 INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM 216,433 225,483
     Realignment of EDI APS Unit Set from OCO to Base [9,050]
ELECT EQUIP—TACT INT REL ACT (TIARA)
066 JTT/CIBS-M (MIP) 10,268 10,268
068 DCGS-A (MIP) 261,863 261,863
069 JOINT TACTICAL GROUND STATION (JTAGS) (MIP) 5,434 5,434
070 TROJAN (MIP) 20,623 21,223
     Realignment of EDI APS Unit Set from OCO to Base [600]
071 MOD OF IN-SVC EQUIP (INTEL SPT) (MIP) 45,998 45,998
072 CI HUMINT AUTO REPRTING & COLL(CHARCS)(MIP) 296 296
076 ITEMS LESS THAN $5.0M (MIP) 410 410
ELECT EQUIP—ELECTRONIC WARFARE (EW)
077 LIGHTWEIGHT COUNTER MORTAR RADAR 9,165 9,165
078 EW PLANNING & MANAGEMENT TOOLS (EWPMT) 5,875 5,875
079 AIR VIGILANCE (AV) (MIP) 8,497 8,497
083 CI MODERNIZATION (MIP) 486 486
ELECT EQUIP—TACTICAL SURV. (TAC SURV)
084 SENTINEL MODS 79,629 79,629
085 NIGHT VISION DEVICES 153,180 153,266
     Realignment of EDI APS Unit Set from OCO to Base [86]
086 LONG RANGE ADVANCED SCOUT SURVEILLANCE SYSTEM 2,861
     Realignment of EDI APS Unit Set from OCO to Base [2,861]
087 SMALL TACTICAL OPTICAL RIFLE MOUNTED MLRF 22,882 22,882
088 RADIATION MONITORING SYSTEMS 17,393 17,404
     Realignment of EDI APS Unit Set from OCO to Base [11]
090 INDIRECT FIRE PROTECTION FAMILY OF SYSTEMS 46,740 47,002
     Realignment of EDI APS Unit Set from OCO to Base [262]
091 FAMILY OF WEAPON SIGHTS (FWS) 140,737 131,962
     Realignment of EDI APS Unit Set from OCO to Base [525]
     Unexecutable funds [–9,300]
093 PROFILER 171 171
094 JOINT BATTLE COMMAND—PLATFORM (JBC-P) 405,239 431,385
     Realignment of EDI APS Unit Set from OCO to Base [26,146]
095 JOINT EFFECTS TARGETING SYSTEM (JETS) 66,574 66,574
096 MOD OF IN-SVC EQUIP (LLDR) 20,783 24,833
     Realignment of EDI APS Unit Set from OCO to Base [4,050]
097 COMPUTER BALLISTICS: LHMBC XM32 8,553 8,553
098 MORTAR FIRE CONTROL SYSTEM 21,489 21,489
099 COUNTERFIRE RADARS 162,121 162,121
ELECT EQUIP—TACTICAL C2 SYSTEMS
100 ARMY COMMAND POST INTEGRATED INFRASTRUCTURE ( 2,855 2,855
101 FIRE SUPPORT C2 FAMILY 19,153 19,153
102 AIR & MSL DEFENSE PLANNING & CONTROL SYS 33,837 33,837
103 LIFE CYCLE SOFTWARE SUPPORT (LCSS) 5,136 5,136
104 NETWORK MANAGEMENT INITIALIZATION AND SERVICE 18,329 18,329
105 MANEUVER CONTROL SYSTEM (MCS) 38,015 38,015
106 GLOBAL COMBAT SUPPORT SYSTEM-ARMY (GCSS-A) 15,164 15,164
107 INTEGRATED PERSONNEL AND PAY SYSTEM-ARMY (IPP 29,239 29,239
109 RECONNAISSANCE AND SURVEYING INSTRUMENT SET 6,823 6,823
110 MOD OF IN-SVC EQUIPMENT (ENFIRE) 1,177 1,177
ELECT EQUIP—AUTOMATION
111 ARMY TRAINING MODERNIZATION 12,265 12,265
112 AUTOMATED DATA PROCESSING EQUIP 201,875 201,875
113 GENERAL FUND ENTERPRISE BUSINESS SYSTEMS FAM 10,976 10,976
114 HIGH PERF COMPUTING MOD PGM (HPCMP) 66,330 66,330
115 CONTRACT WRITING SYSTEM 5,927 5,927
116 RESERVE COMPONENT AUTOMATION SYS (RCAS) 27,896 27,896
ELECT EQUIP—AUDIO VISUAL SYS (A/V)
117 TACTICAL DIGITAL MEDIA 4,392 4,392
118 ITEMS LESS THAN $5M (SURVEYING EQUIPMENT) 1,970 1,970
ELECT EQUIP—SUPPORT
119 PRODUCTION BASE SUPPORT (C-E) 506 506
CLASSIFIED PROGRAMS
120A CLASSIFIED PROGRAMS 4,501 4,501
CHEMICAL DEFENSIVE EQUIPMENT
121 PROTECTIVE SYSTEMS 2,314 2,341
     Realignment of EDI APS Unit Set from OCO to Base [27]
122 FAMILY OF NON-LETHAL EQUIPMENT (FNLE) 7,478 7,478
124 CBRN DEFENSE 173,954 174,271
     Realignment of EDI APS Unit Set from OCO to Base [317]
BRIDGING EQUIPMENT
125 TACTICAL BRIDGING 98,229 98,229
126 TACTICAL BRIDGE, FLOAT-RIBBON 64,438 64,438
127 COMMON BRIDGE TRANSPORTER (CBT) RECAP 79,916 79,916
ENGINEER (NON-CONSTRUCTION) EQUIPMENT
128 HANDHELD STANDOFF MINEFIELD DETECTION SYS-HST 8,471 8,471
129 GRND STANDOFF MINE DETECTN SYSM (GSTAMIDS) 29,883 29,883
130 AREA MINE DETECTION SYSTEM (AMDS) 11,594 11,595
     Realignment of EDI APS Unit Set from OCO to Base [1]
131 HUSKY MOUNTED DETECTION SYSTEM (HMDS) 40,834 40,834
132 ROBOTIC COMBAT SUPPORT SYSTEM (RCSS) 4,029 4,029
133 EOD ROBOTICS SYSTEMS RECAPITALIZATION 14,208 14,208
134 ROBOTICS AND APPLIQUE SYSTEMS 31,456 31,456
136 REMOTE DEMOLITION SYSTEMS 1,748 1,749
     Realignment of EDI APS Unit Set from OCO to Base [1]
137 < $5M, COUNTERMINE EQUIPMENT 7,829 7,829
138 FAMILY OF BOATS AND MOTORS 5,806 5,806
COMBAT SERVICE SUPPORT EQUIPMENT
139 HEATERS AND ECU'S 9,852 9,852
140 SOLDIER ENHANCEMENT 1,103 1,103
141 PERSONNEL RECOVERY SUPPORT SYSTEM (PRSS) 5,875 5,875
142 GROUND SOLDIER SYSTEM 92,487 92,487
143 MOBILE SOLDIER POWER 30,774 30,774
145 FIELD FEEDING EQUIPMENT 17,521 17,521
146 CARGO AERIAL DEL & PERSONNEL PARACHUTE SYSTEM 44,855 44,855
147 FAMILY OF ENGR COMBAT AND CONSTRUCTION SETS 17,173 17,173
148 ITEMS LESS THAN $5M (ENG SPT) 2,000 2,000
PETROLEUM EQUIPMENT
149 QUALITY SURVEILLANCE EQUIPMENT 1,770 1,770
150 DISTRIBUTION SYSTEMS, PETROLEUM & WATER 39,730 39,730
MEDICAL EQUIPMENT
151 COMBAT SUPPORT MEDICAL 57,752 77,752
     Simulators and other technologies to reduce the use of live animal tissue for medical training [20,000]
MAINTENANCE EQUIPMENT
152 MOBILE MAINTENANCE EQUIPMENT SYSTEMS 37,722 37,722
153 ITEMS LESS THAN $5.0M (MAINT EQ) 4,985 5,253
     Realignment of EDI APS Unit Set from OCO to Base [268]
CONSTRUCTION EQUIPMENT
155 SCRAPERS, EARTHMOVING 7,961 7,961
156 HYDRAULIC EXCAVATOR 1,355 1,355
158 ALL TERRAIN CRANES 13,031 13,031
159 HIGH MOBILITY ENGINEER EXCAVATOR (HMEE) 46,048 46,048
160 ENHANCED RAPID AIRFIELD CONSTRUCTION CAPAP 980 8,480
     Program increase—additional ERACC systems [7,500]
161 CONST EQUIP ESP 37,017 37,017
162 ITEMS LESS THAN $5.0M (CONST EQUIP) 6,103 6,103
RAIL FLOAT CONTAINERIZATION EQUIPMENT
163 ARMY WATERCRAFT ESP 27,711 27,711
164 ITEMS LESS THAN $5.0M (FLOAT/RAIL) 8,385 8,385
GENERATORS
165 GENERATORS AND ASSOCIATED EQUIP 133,772 133,772
166 TACTICAL ELECTRIC POWER RECAPITALIZATION 8,333 8,333
MATERIAL HANDLING EQUIPMENT
167 FAMILY OF FORKLIFTS 12,901 12,901
TRAINING EQUIPMENT
168 COMBAT TRAINING CENTERS SUPPORT 123,228 123,228
169 TRAINING DEVICES, NONSYSTEM 228,598 228,598
170 CLOSE COMBAT TACTICAL TRAINER 33,080 33,080
171 AVIATION COMBINED ARMS TACTICAL TRAINER 32,700 32,700
172 GAMING TECHNOLOGY IN SUPPORT OF ARMY TRAINING 25,161 25,161
TEST MEASURE AND DIG EQUIPMENT (TMD)
173 CALIBRATION SETS EQUIPMENT 4,270 4,270
174 INTEGRATED FAMILY OF TEST EQUIPMENT (IFTE) 76,295 85,790
     Realignment of EDI APS Unit Set from OCO to Base [9,495]
175 TEST EQUIPMENT MODERNIZATION (TEMOD) 9,806 9,806
OTHER SUPPORT EQUIPMENT
176 M25 STABILIZED BINOCULAR 4,368 4,401
     Realignment of EDI APS Unit Set from OCO to Base [33]
177 RAPID EQUIPPING SOLDIER SUPPORT EQUIPMENT 9,879 9,879
178 PHYSICAL SECURITY SYSTEMS (OPA3) 54,043 54,043
179 BASE LEVEL COMMON EQUIPMENT 6,633 6,633
180 MODIFICATION OF IN-SVC EQUIPMENT (OPA–3) 49,797 49,797
181 PRODUCTION BASE SUPPORT (OTH) 2,301 2,301
182 SPECIAL EQUIPMENT FOR USER TESTING 11,608 11,608
183 TRACTOR YARD 4,956 4,956
OPA2
184 INITIAL SPARES—C&E 9,817 9,817
       TOTAL OTHER PROCUREMENT, ARMY 7,999,529 8,410,454
AIRCRAFT PROCUREMENT, NAVY
COMBAT AIRCRAFT
001 F/A–18E/F (FIGHTER) HORNET 1,937,553 1,907,553
     Excess NRE and Support Costs [–30,000]
002    ADVANCE PROCUREMENT (CY) 58,799 58,799
003 JOINT STRIKE FIGHTER CV 1,144,958 1,132,058
     Production Effiencies [–12,900]
004    ADVANCE PROCUREMENT (CY) 140,010 140,010
005 JSF STOVL 2,312,847 2,276,547
     Production Efficiences [–36,300]
006    ADVANCE PROCUREMENT (CY) 228,492 228,492
007 CH–53K (HEAVY LIFT) 1,113,804 1,089,804
     Support cost growth [–24,000]
008    ADVANCE PROCUREMENT (CY) 161,079 161,079
009 V–22 (MEDIUM LIFT) 806,337 806,337
010    ADVANCE PROCUREMENT (CY) 36,955 36,955
011 H–1 UPGRADES (UH–1Y/AH–1Z) 820,755 820,755
014 P–8A POSEIDON 1,803,753 1,777,753
     Excessive CFE Electronics cost growth [–5,000]
     Excessive GFE Electronics cost growth [–1,000]
     Excessive support cost growth [–20,000]
015    ADVANCE PROCUREMENT (CY) 180,000 180,000
016 E–2D ADV HAWKEYE 742,693 726,393
     Excessive CFE cost growth [–5,800]
     Excessive Non-reoccurring cost growth [–2,900]
     Excessive Other ILS cost growth [–1,700]
     Excessive peculiar equipment cost growth [–5,900]
017    ADVANCE PROCUREMENT (CY) 240,734 240,734
AIRLIFT AIRCRAFT
018 C–40A 206,000 0
     Forward financed in the FY18 Omnibus [–206,000]
OTHER AIRCRAFT
020 KC–130J 160,433 160,433
021    ADVANCE PROCUREMENT (CY) 110,013 110,013
022 MQ–4 TRITON 568,743 544,793
     Unit and support cost growth [–23,950]
023    ADVANCE PROCUREMENT (CY) 58,522 58,522
024 MQ–8 UAV 54,761 54,761
025 STUASL0 UAV 14,866 14,866
026 VH–92A EXECUTIVE HELO 649,015 649,015
MODIFICATION OF AIRCRAFT
027 AEA SYSTEMS 25,277 25,277
028 AV–8 SERIES 58,577 58,577
029 ADVERSARY 14,606 14,606
030 F–18 SERIES 1,213,482 1,210,982
     Program decrease [–2,500]
031 H–53 SERIES 70,997 70,997
032 SH–60 SERIES 130,661 130,661
033 H–1 SERIES 87,143 87,143
034 EP–3 SERIES 3,633 3,633
035 P–3 SERIES 803 803
036 E–2 SERIES 88,780 88,780
037 TRAINER A/C SERIES 11,660 11,660
038 C–2A 11,327 11,327
039 C–130 SERIES 79,075 79,075
040 FEWSG 597 597
041 CARGO/TRANSPORT A/C SERIES 8,932 8,932
042 E–6 SERIES 181,821 181,821
043 EXECUTIVE HELICOPTERS SERIES 23,566 23,566
044 SPECIAL PROJECT AIRCRAFT 7,620 7,620
045 T–45 SERIES 195,475 195,475
046 POWER PLANT CHANGES 21,521 21,521
047 JPATS SERIES 27,644 27,644
048 AVIATION LIFE SUPPORT MODS 15,864 15,864
049 COMMON ECM EQUIPMENT 166,306 191,306
     Navy UFR: F/A–18E/F Super Hornet Adaptive RADAR countermeasures [25,000]
050 COMMON AVIONICS CHANGES 117,551 112,551
     Program decrease [–5,000]
051 COMMON DEFENSIVE WEAPON SYSTEM 1,994 1,994
052 ID SYSTEMS 40,696 40,696
053 P–8 SERIES 71,251 71,251
054 MAGTF EW FOR AVIATION 11,590 11,590
055 MQ–8 SERIES 37,907 37,907
057 V–22 (TILT/ROTOR ACFT) OSPREY 214,820 214,820
058 NEXT GENERATION JAMMER (NGJ) 952 952
059 F–35 STOVL SERIES 36,618 36,618
060 F–35 CV SERIES 21,236 21,236
061 QRC 101,499 101,499
062 MQ–4 SERIES 48,278 48,278
063 RQ–21 SERIES 6,904 6,904
AIRCRAFT SPARES AND REPAIR PARTS
064 SPARES AND REPAIR PARTS 1,792,920 1,832,920
     F–35B Spares [40,000]
AIRCRAFT SUPPORT EQUIP & FACILITIES
065 COMMON GROUND EQUIPMENT 421,606 411,606
     Program decrease [–10,000]
066 AIRCRAFT INDUSTRIAL FACILITIES 24,496 24,496
067 WAR CONSUMABLES 42,108 42,108
068 OTHER PRODUCTION CHARGES 1,444 1,444
069 SPECIAL SUPPORT EQUIPMENT 49,489 49,489
070 FIRST DESTINATION TRANSPORTATION 1,951 1,951
       TOTAL AIRCRAFT PROCUREMENT, NAVY 19,041,799 18,713,849
WEAPONS PROCUREMENT, NAVY
MODIFICATION OF MISSILES
001 TRIDENT II MODS 1,078,750 1,078,750
SUPPORT EQUIPMENT & FACILITIES
002 MISSILE INDUSTRIAL FACILITIES 6,998 6,998
STRATEGIC MISSILES
003 TOMAHAWK 98,570 213,370
     Forward financed in the FY18 Omnibus [–81,000]
     Program Increase—198 missile [216,000]
     Shutdown costs early to need [–20,200]
TACTICAL MISSILES
004 AMRAAM 211,058 211,058
005 SIDEWINDER 77,927 122,927
     Navy UFR: additional AIM 9–X missiles [45,000]
006 JSOW 1,330 1,330
007 STANDARD MISSILE 490,210 490,210
008    ADVANCE PROCUREMENT (CY) 125,683 125,683
009 SMALL DIAMETER BOMB II 91,272 91,272
010 RAM 96,221 93,921
     Excess Production Support [–2,300]
011 JOINT AIR GROUND MISSILE (JAGM) 24,109 24,109
014 STAND OFF PRECISION GUIDED MUNITIONS (SOPGM) 11,378 11,378
015 AERIAL TARGETS 137,137 137,137
016 OTHER MISSILE SUPPORT 3,318 3,318
017 LRASM 81,190 111,190
     Navy Unfunded Requirement [30,000]
018 LCS OTH MISSILE 18,156 18,156
MODIFICATION OF MISSILES
019 ESSM 98,384 96,384
     Excess Production Support [–2,000]
020 HARPOON MODS 14,840 14,840
021 HARM MODS 187,985 187,985
SUPPORT EQUIPMENT & FACILITIES
023 WEAPONS INDUSTRIAL FACILITIES 2,006 2,006
024 FLEET SATELLITE COMM FOLLOW-ON 66,779 66,779
ORDNANCE SUPPORT EQUIPMENT
025 ORDNANCE SUPPORT EQUIPMENT 62,008 62,008
TORPEDOES AND RELATED EQUIP
026 SSTD 6,353 6,353
027 MK–48 TORPEDO 92,616 103,616
     Navy Unfunded Requirement [11,000]
028 ASW TARGETS 12,324 12,324
MOD OF TORPEDOES AND RELATED EQUIP
029 MK–54 TORPEDO MODS 105,946 95,446
     HAAWC unit cost growth [–6,500]
     Non Recurring Engineering excess growth [–4,000]
030 MK–48 TORPEDO ADCAP MODS 40,005 40,005
031 QUICKSTRIKE MINE 9,758 9,758
SUPPORT EQUIPMENT
032 TORPEDO SUPPORT EQUIPMENT 79,371 79,371
033 ASW RANGE SUPPORT 3,872 3,872
DESTINATION TRANSPORTATION
034 FIRST DESTINATION TRANSPORTATION 3,726 3,726
GUNS AND GUN MOUNTS
035 SMALL ARMS AND WEAPONS 15,067 15,067
MODIFICATION OF GUNS AND GUN MOUNTS
036 CIWS MODS 63,318 63,318
037 COAST GUARD WEAPONS 40,823 40,823
038 GUN MOUNT MODS 74,618 74,618
039 LCS MODULE WEAPONS 11,350 5,550
     Mission Module Early to need [–5,800]
041 AIRBORNE MINE NEUTRALIZATION SYSTEMS 22,249 22,249
SPARES AND REPAIR PARTS
043 SPARES AND REPAIR PARTS 135,688 130,688
     Unjustified program cost growth [–5,000]
       TOTAL WEAPONS PROCUREMENT, NAVY 3,702,393 3,877,593
PROCUREMENT OF AMMO, NAVY & MC
NAVY AMMUNITION
001 GENERAL PURPOSE BOMBS 79,871 79,871
002 JDAM 87,900 87,900
003 AIRBORNE ROCKETS, ALL TYPES 151,431 151,431
004 MACHINE GUN AMMUNITION 11,344 11,344
005 PRACTICE BOMBS 49,471 49,471
006 CARTRIDGES & CART ACTUATED DEVICES 56,227 56,227
007 AIR EXPENDABLE COUNTERMEASURES 66,382 66,382
008 JATOS 2,907 2,907
009 5 INCH/54 GUN AMMUNITION 72,657 72,657
010 INTERMEDIATE CALIBER GUN AMMUNITION 33,613 33,613
011 OTHER SHIP GUN AMMUNITION 42,142 42,142
012 SMALL ARMS & LANDING PARTY AMMO 49,888 49,888
013 PYROTECHNIC AND DEMOLITION 10,931 10,931
015 AMMUNITION LESS THAN $5 MILLION 1,106 1,106
MARINE CORPS AMMUNITION
019 MORTARS 28,266 28,266
021 DIRECT SUPPORT MUNITIONS 63,664 63,664
022 INFANTRY WEAPONS AMMUNITION 59,295 59,295
026 COMBAT SUPPORT MUNITIONS 31,577 31,577
028 AMMO MODERNIZATION 15,001 15,001
029 ARTILLERY MUNITIONS 86,297 86,297
030 ITEMS LESS THAN $5 MILLION 6,239 6,239
       TOTAL PROCUREMENT OF AMMO, NAVY & MC 1,006,209 1,006,209
SHIPBUILDING AND CONVERSION, NAVY
FLEET BALLISTIC MISSILE SHIPS
001    ADVANCE PROCUREMENT (CY) 3,005,330 3,088,030
     Accelerated Advance Procurement [150,000]
     Forward financed in the FY18 Omnibus for the foundry propeller center [–19,000]
     Ordnance Early to Need [–48,300]
OTHER WARSHIPS
002 CARRIER REPLACEMENT PROGRAM 1,598,181 1,549,081
     Authorize CVN81—One ship
     Excess change order rate [–49,100]
004 VIRGINIA CLASS SUBMARINE 4,373,382 5,311,382
     EOQ AP for submarine in FY 2022 and 2023 [1,003,000]
     Excess change order rate [–20,000]
     Forward financed in the FY18 Omnibus [–45,000]
005    ADVANCE PROCUREMENT (CY) 2,796,401 2,796,401
007    ADVANCE PROCUREMENT (CY) 449,597 449,597
008 DDG 1000 270,965 270,965
009 DDG–51 5,253,327 4,941,327
     DDG Flight III Multiyear Procurement Savings [–150,000]
     Excessive Basic Construction Unit Cost Growth [–162,000]
010    ADVANCE PROCUREMENT (CY) 391,928 391,928
011 LITTORAL COMBAT SHIP 646,244 1,596,244
     Program Increase—Two ships [950,000]
AMPHIBIOUS SHIPS
012A    ADVANCE PROCUREMENT (CY) 150,000
     EOQ for LPD Flight II Multi-year Procurement [150,000]
013 EXPEDITIONARY SEA BASE (ESB) 650,000 630,000
     Accelerated contracts learning curve [–20,000]
AUXILIARIES, CRAFT AND PRIOR YR PROGRAM COST
016 TAO FLEET OILER 977,104 957,104
     Accelerated contracts learning curve [–20,000]
017    ADVANCE PROCUREMENT (CY) 75,046 75,046
018 TOWING, SALVAGE, AND RESCUE SHIP (ATS) 80,517 75,517
     Accelerated contracts learning curve [–5,000]
020 LCU 1700 41,520 41,520
021 OUTFITTING 634,038 589,038
     Outfitting and Post Delivery early to need [–45,000]
022 SHIP TO SHORE CONNECTOR 325,375 507,875
     Program Increase—Three vessels [182,500]
023 SERVICE CRAFT 72,062 72,062
024 LCAC SLEP 23,321 23,321
028 COMPLETION OF PY SHIPBUILDING PROGRAMS 207,099 207,099
       TOTAL SHIPBUILDING AND CONVERSION, NAVY 21,871,437 23,723,537
OTHER PROCUREMENT, NAVY
SHIP PROPULSION EQUIPMENT
001 SURFACE POWER EQUIPMENT 19,700 19,700
GENERATORS
003 SURFACE COMBATANT HM&E 23,495 23,495
NAVIGATION EQUIPMENT
004 OTHER NAVIGATION EQUIPMENT 63,330 63,330
OTHER SHIPBOARD EQUIPMENT
005 SUB PERISCOPE, IMAGING AND SUPT EQUIP PROG 178,421 178,421
006 DDG MOD 487,999 591,199
     AWS Installation Unit Cost Growth [–4,800]
     Navy Unfunded Requirement [43,000]
     Program Increase—One additional Combat System [65,000]
007 FIREFIGHTING EQUIPMENT 28,143 28,143
008 COMMAND AND CONTROL SWITCHBOARD 2,248 2,248
009 LHA/LHD MIDLIFE 37,694 37,694
010 POLLUTION CONTROL EQUIPMENT 20,883 20,883
011 SUBMARINE SUPPORT EQUIPMENT 37,155 37,155
012 VIRGINIA CLASS SUPPORT EQUIPMENT 66,328 66,328
013 LCS CLASS SUPPORT EQUIPMENT 47,241 47,241
014 SUBMARINE BATTERIES 27,987 27,987
015 LPD CLASS SUPPORT EQUIPMENT 65,033 65,033
016 DDG 1000 CLASS SUPPORT EQUIPMENT 89,700 89,700
017 STRATEGIC PLATFORM SUPPORT EQUIP 22,254 22,254
018 DSSP EQUIPMENT 3,629 3,629
019 CG MODERNIZATION 276,446 272,546
     Integrated Ship Controls Unit Cost Growth [–3,900]
020 LCAC 3,709 3,709
021 UNDERWATER EOD PROGRAMS 78,807 48,407
     Insufficient transition strategy [–30,400]
022 ITEMS LESS THAN $5 MILLION 126,865 126,865
023 CHEMICAL WARFARE DETECTORS 2,966 2,966
024 SUBMARINE LIFE SUPPORT SYSTEM 11,968 11,968
REACTOR PLANT EQUIPMENT
025 REACTOR POWER UNITS 346,325 0
     Early to need [–346,325]
026 REACTOR COMPONENTS 497,063 497,063
OCEAN ENGINEERING
027 DIVING AND SALVAGE EQUIPMENT 10,706 10,706
SMALL BOATS
028 STANDARD BOATS 49,771 49,771
PRODUCTION FACILITIES EQUIPMENT
029 OPERATING FORCES IPE 225,181 225,181
OTHER SHIP SUPPORT
031 LCS COMMON MISSION MODULES EQUIPMENT 46,732 46,732
032 LCS MCM MISSION MODULES 124,147 124,147
033 LCS ASW MISSION MODULES 57,294 7,394
     Late test event for VDS and MFTA [–49,900]
034 LCS SUW MISSION MODULES 26,006 15,006
     Surface to Surface MM Early to need [–11,000]
035 LCS IN-SERVICE MODERNIZATION 70,526 70,526
LOGISTIC SUPPORT
036 LSD MIDLIFE & MODERNIZATION 4,784 4,784
SHIP SONARS
037 SPQ–9B RADAR 20,309 20,309
038 AN/SQQ–89 SURF ASW COMBAT SYSTEM 115,459 115,459
039 SSN ACOUSTIC EQUIPMENT 318,189 318,189
040 UNDERSEA WARFARE SUPPORT EQUIPMENT 10,134 10,134
ASW ELECTRONIC EQUIPMENT
041 SUBMARINE ACOUSTIC WARFARE SYSTEM 23,815 23,815
042 SSTD 11,277 11,277
043 FIXED SURVEILLANCE SYSTEM 237,780 207,780
     Forward financed in the FY18 Omnibus [–30,000]
044 SURTASS 57,872 47,872
     Forward financed in the FY18 Omnibus for SURTASS-E [–10,000]
ELECTRONIC WARFARE EQUIPMENT
045 AN/SLQ–32 420,344 397,244
     Excess Ship Installation Unit Cost Growth [–23,100]
RECONNAISSANCE EQUIPMENT
046 SHIPBOARD IW EXPLOIT 220,883 220,883
047 AUTOMATED IDENTIFICATION SYSTEM (AIS) 4,028 4,028
OTHER SHIP ELECTRONIC EQUIPMENT
048 COOPERATIVE ENGAGEMENT CAPABILITY 44,173 42,573
     Excess Production Engineering Support [–1,600]
049 NAVAL TACTICAL COMMAND SUPPORT SYSTEM (NTCSS) 10,991 10,991
050 ATDLS 34,526 34,526
051 NAVY COMMAND AND CONTROL SYSTEM (NCCS) 3,769 3,769
052 MINESWEEPING SYSTEM REPLACEMENT 35,709 35,709
053 SHALLOW WATER MCM 8,616 8,616
054 NAVSTAR GPS RECEIVERS (SPACE) 10,703 10,703
055 AMERICAN FORCES RADIO AND TV SERVICE 2,626 2,626
056 STRATEGIC PLATFORM SUPPORT EQUIP 9,467 9,467
AVIATION ELECTRONIC EQUIPMENT
057 ASHORE ATC EQUIPMENT 70,849 70,849
058 AFLOAT ATC EQUIPMENT 47,890 47,890
059 ID SYSTEMS 26,163 26,163
060 JOINT PRECISION APPROACH AND LANDING SYSTEM ( 38,094 38,094
061 NAVAL MISSION PLANNING SYSTEMS 11,966 11,966
OTHER SHORE ELECTRONIC EQUIPMENT
062 TACTICAL/MOBILE C4I SYSTEMS 42,010 42,010
063 DCGS-N 12,896 12,896
064 CANES 423,027 423,027
065 RADIAC 8,175 8,175
066 CANES-INTELL 54,465 54,465
067 GPETE 5,985 5,985
068 MASF 5,413 5,413
069 INTEG COMBAT SYSTEM TEST FACILITY 6,251 6,251
070 EMI CONTROL INSTRUMENTATION 4,183 4,183
071 ITEMS LESS THAN $5 MILLION 148,350 148,350
SHIPBOARD COMMUNICATIONS
072 SHIPBOARD TACTICAL COMMUNICATIONS 45,450 45,450
073 SHIP COMMUNICATIONS AUTOMATION 105,087 105,087
074 COMMUNICATIONS ITEMS UNDER $5M 41,123 41,123
SUBMARINE COMMUNICATIONS
075 SUBMARINE BROADCAST SUPPORT 30,897 30,897
076 SUBMARINE COMMUNICATION EQUIPMENT 78,580 78,580
SATELLITE COMMUNICATIONS
077 SATELLITE COMMUNICATIONS SYSTEMS 41,205 41,205
078 NAVY MULTIBAND TERMINAL (NMT) 113,885 113,885
SHORE COMMUNICATIONS
079 JOINT COMMUNICATIONS SUPPORT ELEMENT (JCSE) 4,292 4,292
CRYPTOGRAPHIC EQUIPMENT
080 INFO SYSTEMS SECURITY PROGRAM (ISSP) 153,526 153,526
081 MIO INTEL EXPLOITATION TEAM 951 951
CRYPTOLOGIC EQUIPMENT
082 CRYPTOLOGIC COMMUNICATIONS EQUIP 14,209 14,209
OTHER ELECTRONIC SUPPORT
086 COAST GUARD EQUIPMENT 40,713 40,713
SONOBUOYS
088 SONOBUOYS—ALL TYPES 177,891 216,191
     Navy Unfunded Requirement [38,300]
AIRCRAFT SUPPORT EQUIPMENT
089 WEAPONS RANGE SUPPORT EQUIPMENT 93,864 93,864
090 AIRCRAFT SUPPORT EQUIPMENT 111,724 111,724
091 ADVANCED ARRESTING GEAR (AAG) 11,054 11,054
092 METEOROLOGICAL EQUIPMENT 21,072 21,072
093 DCRS/DPL 656 656
094 AIRBORNE MINE COUNTERMEASURES 11,299 11,299
095 LAMPS EQUIPMENT 594 594
096 AVIATION SUPPORT EQUIPMENT 39,374 39,374
097 UMCS-UNMAN CARRIER AVIATION(UCA)MISSION CNTRL 35,405 35,405
SHIP GUN SYSTEM EQUIPMENT
098 SHIP GUN SYSTEMS EQUIPMENT 5,337 5,337
SHIP MISSILE SYSTEMS EQUIPMENT
099 SHIP MISSILE SUPPORT EQUIPMENT 213,090 208,090
     Unjustified Stalker Growth [–5,000]
100 TOMAHAWK SUPPORT EQUIPMENT 92,890 92,890
FBM SUPPORT EQUIPMENT
101 STRATEGIC MISSILE SYSTEMS EQUIP 271,817 271,817
ASW SUPPORT EQUIPMENT
102 SSN COMBAT CONTROL SYSTEMS 129,501 124,001
     Excessive Unit Cost Growth for Install [–5,500]
103 ASW SUPPORT EQUIPMENT 19,436 19,436
OTHER ORDNANCE SUPPORT EQUIPMENT
104 EXPLOSIVE ORDNANCE DISPOSAL EQUIP 14,258 14,258
105 ITEMS LESS THAN $5 MILLION 5,378 5,378
OTHER EXPENDABLE ORDNANCE
106 SUBMARINE TRAINING DEVICE MODS 65,543 65,543
107 SURFACE TRAINING EQUIPMENT 230,425 230,425
CIVIL ENGINEERING SUPPORT EQUIPMENT
108 PASSENGER CARRYING VEHICLES 4,867 4,867
109 GENERAL PURPOSE TRUCKS 2,674 2,674
110 CONSTRUCTION & MAINTENANCE EQUIP 20,994 20,994
111 FIRE FIGHTING EQUIPMENT 17,189 17,189
112 TACTICAL VEHICLES 19,916 19,916
113 AMPHIBIOUS EQUIPMENT 7,400 7,400
114 POLLUTION CONTROL EQUIPMENT 2,713 2,713
115 ITEMS UNDER $5 MILLION 35,540 35,540
116 PHYSICAL SECURITY VEHICLES 1,155 1,155
SUPPLY SUPPORT EQUIPMENT
117 SUPPLY EQUIPMENT 18,786 18,786
118 FIRST DESTINATION TRANSPORTATION 5,375 5,375
119 SPECIAL PURPOSE SUPPLY SYSTEMS 580,371 580,371
TRAINING DEVICES
120 TRAINING SUPPORT EQUIPMENT 3,400 3,400
121 TRAINING AND EDUCATION EQUIPMENT 24,283 22,183
     Excess Production Support [–2,100]
COMMAND SUPPORT EQUIPMENT
122 COMMAND SUPPORT EQUIPMENT 66,681 66,681
123 MEDICAL SUPPORT EQUIPMENT 3,352 3,352
125 NAVAL MIP SUPPORT EQUIPMENT 1,984 1,984
126 OPERATING FORCES SUPPORT EQUIPMENT 15,131 15,131
127 C4ISR EQUIPMENT 3,576 3,576
128 ENVIRONMENTAL SUPPORT EQUIPMENT 31,902 31,902
129 PHYSICAL SECURITY EQUIPMENT 175,436 175,436
130 ENTERPRISE INFORMATION TECHNOLOGY 25,393 25,393
OTHER
133 NEXT GENERATION ENTERPRISE SERVICE 96,269 96,269
CLASSIFIED PROGRAMS
133A CLASSIFIED PROGRAMS 15,681 15,681
SPARES AND REPAIR PARTS
134 SPARES AND REPAIR PARTS 326,838 326,838
       TOTAL OTHER PROCUREMENT, NAVY 9,414,355 9,037,030
PROCUREMENT, MARINE CORPS
TRACKED COMBAT VEHICLES
001 AAV7A1 PIP 156,249 136,249
     Program reduction [–20,000]
002 AMPHIBIOUS COMBAT VEHICLE 1.1 167,478 167,478
003 LAV PIP 43,701 43,701
ARTILLERY AND OTHER WEAPONS
005 155MM LIGHTWEIGHT TOWED HOWITZER 47,158 47,158
006 ARTILLERY WEAPONS SYSTEM 134,246 134,246
007 WEAPONS AND COMBAT VEHICLES UNDER $5 MILLION 40,687 40,687
OTHER SUPPORT
008 MODIFICATION KITS 22,904 22,904
GUIDED MISSILES
009 GROUND BASED AIR DEFENSE 18,334 18,334
010 ANTI-ARMOR MISSILE-JAVELIN 3,020 3,020
011 FAMILY ANTI-ARMOR WEAPON SYSTEMS (FOAAWS) 13,760 13,760
012 ANTI-ARMOR MISSILE-TOW 59,702 59,702
COMMAND AND CONTROL SYSTEMS
013 COMMON AVIATION COMMAND AND CONTROL SYSTEM (C 35,467 35,467
REPAIR AND TEST EQUIPMENT
014 REPAIR AND TEST EQUIPMENT 46,081 41,481
     Program Reduction [–4,600]
OTHER SUPPORT (TEL)
015 MODIFICATION KITS 971 971
COMMAND AND CONTROL SYSTEM (NON-TEL)
016 ITEMS UNDER $5 MILLION (COMM & ELEC) 69,203 62,203
     Program Reduction [–7,000]
017 AIR OPERATIONS C2 SYSTEMS 14,269 14,269
RADAR + EQUIPMENT (NON-TEL)
018 RADAR SYSTEMS 6,694 6,694
019 GROUND/AIR TASK ORIENTED RADAR (G/ATOR) 224,969 224,969
INTELL/COMM EQUIPMENT (NON-TEL)
021 GCSS-MC 1,187 1,187
022 FIRE SUPPORT SYSTEM 60,189 60,189
023 INTELLIGENCE SUPPORT EQUIPMENT 73,848 67,848
     Unjustified request for TSCS Inc 1 [–6,000]
025 UNMANNED AIR SYSTEMS (INTEL) 3,848 3,848
026 DCGS-MC 16,081 16,081
OTHER SUPPORT (NON-TEL)
030 NEXT GENERATION ENTERPRISE NETWORK (NGEN) 87,120 87,120
031 COMMON COMPUTER RESOURCES 68,914 68,914
032 COMMAND POST SYSTEMS 124,838 124,838
033 RADIO SYSTEMS 279,680 264,680
     Program reduction [–15,000]
034 COMM SWITCHING & CONTROL SYSTEMS 36,649 36,649
035 COMM & ELEC INFRASTRUCTURE SUPPORT 83,971 83,971
CLASSIFIED PROGRAMS
035A CLASSIFIED PROGRAMS 3,626 3,626
ADMINISTRATIVE VEHICLES
036 COMMERCIAL CARGO VEHICLES 25,441 25,441
TACTICAL VEHICLES
037 MOTOR TRANSPORT MODIFICATIONS 11,392 11,392
038 JOINT LIGHT TACTICAL VEHICLE 607,011 676,011
     Optimize production profile [69,000]
039 FAMILY OF TACTICAL TRAILERS 2,393 2,393
040 TRAILERS 6,540 6,540
ENGINEER AND OTHER EQUIPMENT
041 ENVIRONMENTAL CONTROL EQUIP ASSORT 496 496
042 TACTICAL FUEL SYSTEMS 54 54
043 POWER EQUIPMENT ASSORTED 21,062 21,062
044 AMPHIBIOUS SUPPORT EQUIPMENT 5,290 5,290
045 EOD SYSTEMS 47,854 47,854
MATERIALS HANDLING EQUIPMENT
046 PHYSICAL SECURITY EQUIPMENT 28,306 28,306
GENERAL PROPERTY
047 FIELD MEDICAL EQUIPMENT 33,513 33,513
048 TRAINING DEVICES 52,040 52,040
049 FAMILY OF CONSTRUCTION EQUIPMENT 36,156 39,656
     GPS Grade Control Systems (GCS) and Survey Sets [3,500]
050 FAMILY OF INTERNALLY TRANSPORTABLE VEH (ITV) 606 606
OTHER SUPPORT
051 ITEMS LESS THAN $5 MILLION 11,608 11,608
SPARES AND REPAIR PARTS
053 SPARES AND REPAIR PARTS 25,804 25,804
       TOTAL PROCUREMENT, MARINE CORPS 2,860,410 2,880,310
AIRCRAFT PROCUREMENT, AIR FORCE
TACTICAL FORCES
001 F–35 4,261,021 4,177,681
     Production Efficiences [–83,340]
002    ADVANCE PROCUREMENT (CY) 406,000 406,000
OTHER COMBAT AIRCRAFT
003 C–135B 222,176 0
     Ahead of need [–222,176]
TACTICAL AIRLIFT
004 C–130J 35,858 35,858
005 KC–46A TANKER 2,559,911 2,010,911
     Forward financed in the FY18 Omnibus—three aircraft [–499,000]
     Interim contractor support early to need [–50,000]
OTHER AIRLIFT
007 HC–130J 129,437 129,437
009 MC–130J 770,201 670,201
     Interim supply support costs unjustified growth [–100,000]
010    ADVANCE PROCUREMENT (CY) 218,000 218,000
HELICOPTERS
012 COMBAT RESCUE HELICOPTER 680,201 680,201
MISSION SUPPORT AIRCRAFT
014 CIVIL AIR PATROL A/C 2,719 2,719
OTHER AIRCRAFT
015 TARGET DRONES 139,053 139,053
016 COMPASS CALL MODS 108,113 108,113
018 MQ–9 221,707 264,507
     Program increase [42,800]
STRATEGIC AIRCRAFT
020 B–2A 60,301 37,301
     MOP modifications excess to need [–23,000]
021 B–1B 51,290 51,290
022 B–52 105,519 90,819
     Technical adjustment (move to R–173) [–14,700]
TACTICAL AIRCRAFT
024 A–10 98,720 163,720
     Additional A–10 wing replacements [65,000]
025 C–130J 10,831 10,831
026 F–15 548,109 548,109
027 F–16 324,312 324,312
028 F–16 11 11
029 F–22A 250,710 250,710
031 F–35 MODIFICATIONS 247,271 247,271
032 F–15 EPAW 147,685 214,885
     Eagle Passive Active Warning and Survivability System (EPAWSS) [67,200]
033 INCREMENT 3.2B 9,007 9,007
035 KC–46A TANKER 8,547 8,547
AIRLIFT AIRCRAFT
036 C–5 77,845 77,845
038 C–17A 102,121 102,121
039 C–21 17,516 17,516
040 C–32A 4,537 4,537
041 C–37A 419 419
TRAINER AIRCRAFT
043 GLIDER MODS 137 137
044 T–6 22,550 22,550
045 T–1 21,952 21,952
046 T–38 70,623 70,623
OTHER AIRCRAFT
047 U–2 MODS 48,774 48,774
048 KC–10A (ATCA) 11,104 11,104
049 C–12 4,900 4,900
050 VC–25A MOD 36,938 36,938
051 C–40 251 251
052 C–130 22,094 151,094
     Program Increase--eight blade proppeler upgrade (88 kits) [55,000]
     Program Increase--engine enhancement program (88 kits) [74,000]
053 C–130J MODS 132,045 132,045
054 C–135 113,076 113,076
055 OC–135B 5,913 5,913
056 COMPASS CALL MODS 49,885 49,885
057 COMBAT FLIGHT INSPECTION (CFIN) 499 499
058 RC–135 394,532 394,532
059 E–3 133,906 133,906
060 E–4 67,858 67,858
061 E–8 9,919 9,919
062 AIRBORNE WARNING AND CNTR SYS (AWACS) 40/45 57,780 57,780
063 FAMILY OF BEYOND LINE-OF-SIGHT TERMINALS 14,293 14,293
064 H–1 2,940 2,940
065 H–60 55,466 55,466
066 RQ–4 MODS 23,715 128,715
     EQ–4 BACN aircraft increase [105,000]
067 HC/MC–130 MODIFICATIONS 37,754 37,754
068 OTHER AIRCRAFT 62,010 62,010
069 MQ–9 MODS 171,548 171,548
071 CV–22 MODS 60,416 60,416
AIRCRAFT SPARES AND REPAIR PARTS
072 INITIAL SPARES/REPAIR PARTS 956,408 1,016,408
     F–35A Spares [60,000]
COMMON SUPPORT EQUIPMENT
073 AIRCRAFT REPLACEMENT SUPPORT EQUIP 81,241 81,241
POST PRODUCTION SUPPORT
076 B–2A 1,763 1,763
077 B–2B 35,861 35,861
078 B–52 12,819 12,819
079 C–17A 10,114 10,114
081 F–15 2,545 2,545
083 F–16 11,718 7,718
     F–16 Line Shutdown [–4,000]
084 F–22A 14,489 14,489
085 OTHER AIRCRAFT 9,928 9,928
086 RQ–4 POST PRODUCTION CHARGES 40,641 3,341
     RQ–4 Post Production Support [–37,300]
INDUSTRIAL PREPAREDNESS
088 INDUSTRIAL RESPONSIVENESS 17,378 17,378
WAR CONSUMABLES
090 WAR CONSUMABLES 29,342 29,342
OTHER PRODUCTION CHARGES
091 OTHER PRODUCTION CHARGES 1,502,386 1,393,386
     Classified program adjustment [–109,000]
CLASSIFIED PROGRAMS
095 CLASSIFIED PROGRAMS 28,278 28,278
       TOTAL AIRCRAFT PROCUREMENT, AIR FORCE 16,206,937 15,533,421
MISSILE PROCUREMENT, AIR FORCE
MISSILE REPLACEMENT EQUIPMENT—BALLISTIC
001 MISSILE REPLACEMENT EQ-BALLISTIC 36,786 36,786
TACTICAL
002 JOINT AIR-SURFACE STANDOFF MISSILE 430,708 430,708
003 LRASM0 44,185 44,185
004 SIDEWINDER (AIM–9X) 121,253 121,253
005 AMRAAM 337,886 337,886
006 PREDATOR HELLFIRE MISSILE 113,765 113,765
007 SMALL DIAMETER BOMB 105,034 105,034
008 SMALL DIAMETER BOMB II 100,861 100,861
INDUSTRIAL FACILITIES
009 INDUSTR'L PREPAREDNS/POL PREVENTION 787 787
CLASS IV
010 ICBM FUZE MOD 15,767 15,767
011    ADVANCE PROCUREMENT (CY) 4,100 4,100
012 MM III MODIFICATIONS 129,199 129,199
013 AGM–65D MAVERICK 288 288
014 AIR LAUNCH CRUISE MISSILE (ALCM) 47,632 47,632
MISSILE SPARES AND REPAIR PARTS
016 REPLEN SPARES/REPAIR PARTS 97,481 97,481
SPECIAL PROGRAMS
018 SPECIAL UPDATE PROGRAMS 188,539 188,539
CLASSIFIED PROGRAMS
019 CLASSIFIED PROGRAMS 895,183 895,183
       TOTAL MISSILE PROCUREMENT, AIR FORCE 2,669,454 2,669,454
SPACE PROCUREMENT, AIR FORCE
SPACE PROGRAMS
001 ADVANCED EHF 29,829 29,829
002 AF SATELLITE COMM SYSTEM 35,400 35,400
003 COUNTERSPACE SYSTEMS 1,121 1,121
004 FAMILY OF BEYOND LINE-OF-SIGHT TERMINALS 27,867 27,867
005 WIDEBAND GAPFILLER SATELLITES(SPACE) 61,606 61,606
006 GENERAL INFORMATION TECH—SPACE 3,425 3,425
007 GPS III SPACE SEGMENT 69,386 74,386
     GPS backup technology demonstration [5,000]
008 GLOBAL POSTIONING (SPACE) 2,181 2,181
009 INTEG BROADCAST SERV 16,445 16,445
010 SPACEBORNE EQUIP (COMSEC) 31,895 31,895
012 MILSATCOM 11,265 11,265
013 EVOLVED EXPENDABLE LAUNCH CAPABILITY 709,981 709,981
014 EVOLVED EXPENDABLE LAUNCH VEH(SPACE) 994,555 994,555
015 SBIR HIGH (SPACE) 138,397 138,397
017 NUDET DETECTION SYSTEM 7,705 7,705
018 ROCKET SYSTEMS LAUNCH PROGRAM 47,609 47,609
019 SPACE FENCE 51,361 51,361
020 SPACE MODS 148,065 148,065
021 SPACELIFT RANGE SYSTEM SPACE 117,637 117,637
SSPARES
022 SPARES AND REPAIR PARTS 21,812 21,812
       TOTAL SPACE PROCUREMENT, AIR FORCE 2,527,542 2,532,542
PROCUREMENT OF AMMUNITION, AIR FORCE
ROCKETS
001 ROCKETS 345,911 345,911
CARTRIDGES
002 CARTRIDGES 163,840 163,840
BOMBS
003 PRACTICE BOMBS 20,876 20,876
004 GENERAL PURPOSE BOMBS 259,308 259,308
005 MASSIVE ORDNANCE PENETRATOR (MOP) 38,111 38,111
006 JOINT DIRECT ATTACK MUNITION 234,198 234,198
007 B61 109,292 109,292
008    ADVANCE PROCUREMENT (CY) 52,731 52,731
OTHER ITEMS
009 CAD/PAD 51,455 51,455
010 EXPLOSIVE ORDNANCE DISPOSAL (EOD) 6,038 6,038
011 SPARES AND REPAIR PARTS 524 524
012 MODIFICATIONS 1,270 1,270
013 ITEMS LESS THAN $5,000,000 4,604 4,604
FLARES
015 FLARES 125,286 125,286
FUZES
016 FUZES 109,358 109,358
SMALL ARMS
017 SMALL ARMS 64,502 59,502
     Program decrease [–5,000]
       TOTAL PROCUREMENT OF AMMUNITION, AIR FORCE 1,587,304 1,582,304
OTHER PROCUREMENT, AIR FORCE
PASSENGER CARRYING VEHICLES
001 PASSENGER CARRYING VEHICLES 6,949 3,449
     Forward financed in the FY18 Omnibus [–3,500]
CARGO AND UTILITY VEHICLES
002 MEDIUM TACTICAL VEHICLE 36,002 18,002
     Forward financed in the FY18 Omnibus [–18,000]
003 CAP VEHICLES 1,022 1,022
004 CARGO AND UTILITY VEHICLES 42,696 21,696
     Forward financed in the FY18 Omnibus [–21,000]
SPECIAL PURPOSE VEHICLES
005 JOINT LIGHT TACTICAL VEHICLE 30,145 30,145
006 SECURITY AND TACTICAL VEHICLES 1,230 1,230
007 SPECIAL PURPOSE VEHICLES 43,003 22,003
     Forward financed in the FY18 Omnibus [–21,000]
FIRE FIGHTING EQUIPMENT
008 FIRE FIGHTING/CRASH RESCUE VEHICLES 23,328 23,328
MATERIALS HANDLING EQUIPMENT
009 MATERIALS HANDLING VEHICLES 11,537 11,537
BASE MAINTENANCE SUPPORT
010 RUNWAY SNOW REMOV AND CLEANING EQU 37,600 37,600
011 BASE MAINTENANCE SUPPORT VEHICLES 104,923 52,923
     Forward financed in the FY18 Omnibus [–52,000]
COMM SECURITY EQUIPMENT(COMSEC)
012 COMSEC EQUIPMENT 114,372 114,372
INTELLIGENCE PROGRAMS
013 INTERNATIONAL INTEL TECH & ARCHITECTURES 8,290 8,290
014 INTELLIGENCE TRAINING EQUIPMENT 2,099 2,099
015 INTELLIGENCE COMM EQUIPMENT 37,415 37,415
ELECTRONICS PROGRAMS
016 AIR TRAFFIC CONTROL & LANDING SYS 57,937 14,387
     D-RAPCON Cost Growth [–43,550]
018 BATTLE CONTROL SYSTEM—FIXED 3,012 3,012
019 THEATER AIR CONTROL SYS IMPROVEMEN 19,989 19,989
020 WEATHER OBSERVATION FORECAST 45,020 45,020
021 STRATEGIC COMMAND AND CONTROL 32,836 32,836
022 CHEYENNE MOUNTAIN COMPLEX 12,454 12,454
023 MISSION PLANNING SYSTEMS 14,263 14,263
025 INTEGRATED STRAT PLAN & ANALY NETWORK (ISPAN) 7,769 7,769
SPCL COMM-ELECTRONICS PROJECTS
026 GENERAL INFORMATION TECHNOLOGY 40,450 40,450
027 AF GLOBAL COMMAND & CONTROL SYS 6,619 6,619
028 MOBILITY COMMAND AND CONTROL 10,192 10,192
029 AIR FORCE PHYSICAL SECURITY SYSTEM 159,313 143,413
     Underexecution [–15,900]
030 COMBAT TRAINING RANGES 132,675 132,675
031 MINIMUM ESSENTIAL EMERGENCY COMM N 140,875 140,875
032 WIDE AREA SURVEILLANCE (WAS) 92,104 92,104
033 C3 COUNTERMEASURES 45,152 45,152
034 GCSS-AF FOS 483 483
035 DEFENSE ENTERPRISE ACCOUNTING & MGT SYS 802 802
036 MAINTENANCE REPAIR & OVERHAUL INITIATIVE 12,207 12,207
037 THEATER BATTLE MGT C2 SYSTEM 7,644 7,644
038 AIR & SPACE OPERATIONS CENTER (AOC) 40,066 40,066
AIR FORCE COMMUNICATIONS
041 BASE INFORMATION TRANSPT INFRAST (BITI) WIRED 22,357 22,357
042 AFNET 102,836 102,836
043 JOINT COMMUNICATIONS SUPPORT ELEMENT (JCSE) 3,145 3,145
044 USCENTCOM 13,194 13,194
ORGANIZATION AND BASE
045 TACTICAL C-E EQUIPMENT 161,231 161,231
047 RADIO EQUIPMENT 12,142 12,142
048 CCTV/AUDIOVISUAL EQUIPMENT 6,505 6,505
049 BASE COMM INFRASTRUCTURE 169,404 169,404
MODIFICATIONS
050 COMM ELECT MODS 10,654 10,654
PERSONAL SAFETY & RESCUE EQUIP
051 PERSONAL SAFETY AND RESCUE EQUIPMENT 51,906 51,906
DEPOT PLANT+MTRLS HANDLING EQ
052 MECHANIZED MATERIAL HANDLING EQUIP 88,298 80,798
     Program reduction [–7,500]
BASE SUPPORT EQUIPMENT
053 BASE PROCURED EQUIPMENT 17,031 22,031
     Civil Engineers Construction, Surveying, and Mapping Equipment [5,000]
054 ENGINEERING AND EOD EQUIPMENT 82,635 82,635
055 MOBILITY EQUIPMENT 9,549 6,549
     Program reduction [–3,000]
056 BASE MAINTENANCE AND SUPPORT EQUIPMENT 24,005 17,005
     Program reduction [–7,000]
SPECIAL SUPPORT PROJECTS
058 DARP RC135 26,262 26,262
059 DCGS-AF 448,290 400,490
     Forward financed in the FY18 Omnibus [–35,000]
     Program decrease [–12,800]
061 SPECIAL UPDATE PROGRAM 913,813 913,813
CLASSIFIED PROGRAMS
062 CLASSIFIED PROGRAMS 17,258,069 17,258,069
SPARES AND REPAIR PARTS
063 SPARES AND REPAIR PARTS 86,365 86,365
       TOTAL OTHER PROCUREMENT, AIR FORCE 20,890,164 20,654,914
PROCUREMENT, DEFENSE-WIDE
MAJOR EQUIPMENT, OSD
043 MAJOR EQUIPMENT, OSD 35,295 35,295
MAJOR EQUIPMENT, NSA
042 INFORMATION SYSTEMS SECURITY PROGRAM (ISSP) 5,403 5,403
MAJOR EQUIPMENT, WHS
046 MAJOR EQUIPMENT, WHS 497 497
MAJOR EQUIPMENT, DISA
007 INFORMATION SYSTEMS SECURITY 21,590 21,590
008 TELEPORT PROGRAM 33,905 33,905
009 ITEMS LESS THAN $5 MILLION 27,886 27,886
010 NET CENTRIC ENTERPRISE SERVICES (NCES) 1,017 1,017
011 DEFENSE INFORMATION SYSTEM NETWORK 150,674 150,674
013 WHITE HOUSE COMMUNICATION AGENCY 94,610 94,610
014 SENIOR LEADERSHIP ENTERPRISE 197,246 197,246
015 JOINT REGIONAL SECURITY STACKS (JRSS) 140,338 140,338
016 JOINT SERVICE PROVIDER 107,182 107,182
MAJOR EQUIPMENT, DLA
018 MAJOR EQUIPMENT 5,225 5,225
MAJOR EQUIPMENT, DSS
021 MAJOR EQUIPMENT 1,196 1,196
MAJOR EQUIPMENT, DCAA
001 ITEMS LESS THAN $5 MILLION 2,542 2,542
MAJOR EQUIPMENT, TJS
044 MAJOR EQUIPMENT, TJS 4,360 4,360
045 MAJOR EQUIPMENT, TJS—CE2T2 904 904
MAJOR EQUIPMENT, MISSILE DEFENSE AGENCY
026 THAAD 874,068 874,068
027 GROUND BASED MIDCOURSE 409,000 409,000
028    ADVANCE PROCUREMENT (CY) 115,000 115,000
029 AEGIS BMD 593,488 593,488
030    ADVANCE PROCUREMENT (CY) 115,206 115,206
031 BMDS AN/TPY–2 RADARS 13,185 13,185
032 ISRAELI PROGRAMS 80,000 80,000
033 SHORT RANGE BALLISTIC MISSILE DEFENSE (SRBMD) 50,000 50,000
034 AEGIS ASHORE PHASE III 15,000 15,000
035 IRON DOME 70,000 70,000
036 AEGIS BMD HARDWARE AND SOFTWARE 97,057 97,057
MAJOR EQUIPMENT, DHRA
003 PERSONNEL ADMINISTRATION 10,630 10,630
MAJOR EQUIPMENT, DEFENSE THREAT REDUCTION AGENCY
023 VEHICLES 207 207
024 OTHER MAJOR EQUIPMENT 5,592 5,592
MAJOR EQUIPMENT, DODEA
020 AUTOMATION/EDUCATIONAL SUPPORT & LOGISTICS 1,723 1,723
MAJOR EQUIPMENT, DCMA
002 MAJOR EQUIPMENT 3,873 3,873
MAJOR EQUIPMENT, DMACT
019 MAJOR EQUIPMENT 13,106 13,106
CLASSIFIED PROGRAMS
046A CLASSIFIED PROGRAMS 589,691 589,691
AVIATION PROGRAMS
050 ROTARY WING UPGRADES AND SUSTAINMENT 148,351 148,351
051 UNMANNED ISR 57,708 57,708
052 NON-STANDARD AVIATION 18,731 18,731
053 U–28 32,301 32,301
054 MH–47 CHINOOK 131,033 131,033
055 CV–22 MODIFICATION 32,529 32,529
056 MQ–9 UNMANNED AERIAL VEHICLE 24,621 24,621
057 PRECISION STRIKE PACKAGE 226,965 226,965
058 AC/MC–130J 165,813 165,813
059 C–130 MODIFICATIONS 80,274 80,274
SHIPBUILDING
060 UNDERWATER SYSTEMS 136,723 136,723
AMMUNITION PROGRAMS
061 ORDNANCE ITEMS <$5M 357,742 357,742
OTHER PROCUREMENT PROGRAMS
062 INTELLIGENCE SYSTEMS 85,699 85,699
063 DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 17,863 17,863
064 OTHER ITEMS <$5M 112,117 112,117
065 COMBATANT CRAFT SYSTEMS 7,313 7,313
066 SPECIAL PROGRAMS 14,026 14,026
067 TACTICAL VEHICLES 88,608 88,608
068 WARRIOR SYSTEMS <$5M 438,590 433,390
     Link 16 handheld radios for USSOCOM [12,800]
     SAT Deployable Node [–18,000]
069 COMBAT MISSION REQUIREMENTS 19,408 19,408
070 GLOBAL VIDEO SURVEILLANCE ACTIVITIES 6,281 6,281
071 OPERATIONAL ENHANCEMENTS INTELLIGENCE 18,509 18,509
073 OPERATIONAL ENHANCEMENTS 367,433 367,433
CBDP
074 CHEMICAL BIOLOGICAL SITUATIONAL AWARENESS 166,418 153,618
     Program decrease [–12,800]
075 CB PROTECTION & HAZARD MITIGATION 144,519 144,519
       TOTAL PROCUREMENT, DEFENSE-WIDE 6,786,271 6,768,271
JOINT URGENT OPERATIONAL NEEDS FUND
JOINT URGENT OPERATIONAL NEEDS FUND
001 JOINT URGENT OPERATIONAL NEEDS FUND 100,025 0
     Program decrease [–100,025]
       TOTAL JOINT URGENT OPERATIONAL NEEDS FUND 100,025 <bold>0</bold>
       TOTAL PROCUREMENT 130,526,043 133,587,892

SEC. 7102. Procurement for overseas contingency operations.


SEC. 7102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS(In Thousands of Dollars)
Line Item FY 2019 Request House Authorized
AIRCRAFT PROCUREMENT, ARMY
FIXED WING
003 MQ–1 UAV 60,000 60,000
ROTARY
011 UH–60 BLACKHAWK M MODEL (MYP) 21,246 21,246
014 CH–47 HELICOPTER 25,000 25,000
MODIFICATION OF AIRCRAFT
017 MQ–1 PAYLOAD (MIP) 11,400 11,400
019 GRAY EAGLE MODS2 32,000 32,000
020 MULTI SENSOR ABN RECON (MIP) 51,000 51,000
032 RQ–7 UAV MODS 50,868 0
     Realignment of EDI APS Unit Set from OCO to Base [–50,868]
033 UAS MODS 3,402 0
     Realignment of EDI APS Unit Set from OCO to Base [–3,402]
GROUND SUPPORT AVIONICS
036 CMWS 84,387 84,387
037 COMMON INFRARED COUNTERMEASURES (CIRCM) 24,060 24,060
       TOTAL AIRCRAFT PROCUREMENT, ARMY 363,363 309,093
MISSILE PROCUREMENT, ARMY
SURFACE-TO-AIR MISSILE SYSTEM
002 MSE MISSILE 260,000 0
     Realignment of EDI APS Unit Set from OCO to Base [–260,000]
AIR-TO-SURFACE MISSILE SYSTEM
005 HELLFIRE SYS SUMMARY 255,040 255,040
ANTI-TANK/ASSAULT MISSILE SYS
008 JAVELIN (AAWS-M) SYSTEM SUMMARY 31,120 17,320
     Realignment of EDI APS Unit Set from OCO to Base [–13,800]
011 GUIDED MLRS ROCKET (GMLRS) 624,500 624,500
013 HIGH MOBILITY ARTILLERY ROCKET SYSTEM (HIMARS 171,138 0
     Realignment of EDI APS Unit Set from OCO to Base [–171,138]
014 LETHAL MINIATURE AERIAL MISSILE SYSTEM (LMAMS 112,973 112,973
MODIFICATIONS
016 ATACMS MODS 225,580 145,580
     Realignment of EDI APS Unit Set from OCO to Base [–80,000]
021 MLRS MODS 122,000 0
     Realignment of EDI APS Unit Set from OCO to Base [–122,000]
       TOTAL MISSILE PROCUREMENT, ARMY 1,802,351 1,155,413
PROCUREMENT OF W&TCV, ARMY
TRACKED COMBAT VEHICLES
001 BRADLEY PROGRAM 205,000 0
     Realignment of EDI APS Unit Set from OCO to Base [–205,000]
002 ARMORED MULTI PURPOSE VEHICLE (AMPV) 230,359 0
     Realignment of EDI APS Unit Set from OCO to Base [–230,359]
MODIFICATION OF TRACKED COMBAT VEHICLES
006 BRADLEY PROGRAM (MOD) 50,000 0
     Realignment of EDI APS Unit Set from OCO to Base [–50,000]
008 PALADIN INTEGRATED MANAGEMENT (PIM) 67,000 0
     Realignment of EDI APS Unit Set from OCO to Base [–67,000]
009 IMPROVED RECOVERY VEHICLE (M88A2 HERCULES) 42,354 0
     Realignment of EDI APS Unit Set from OCO to Base [–42,354]
014 M1 ABRAMS TANK (MOD) 34,000 0
     Realignment of EDI APS Unit Set from OCO to Base [–34,000]
015 ABRAMS UPGRADE PROGRAM 455,000 0
     Realignment of EDI APS Unit Set from OCO to Base [–455,000]
WEAPONS & OTHER COMBAT VEHICLES
018 M240 MEDIUM MACHINE GUN (7.62MM) 126 0
     Realignment of EDI APS Unit Set from OCO to Base [–126]
022 MORTAR SYSTEMS 11,842 11,662
     Realignment of EDI APS Unit Set from OCO to Base [–180]
025 CARBINE 1,800 0
     Realignment of EDI APS Unit Set from OCO to Base [–1,800]
027 COMMON REMOTELY OPERATED WEAPONS STATION 3,378 0
     Realignment of EDI APS Unit Set from OCO to Base [–3,378]
MOD OF WEAPONS AND OTHER COMBAT VEH
032 M2 50 CAL MACHINE GUN MODS 4,920 0
     Realignment of EDI APS Unit Set from OCO to Base [–4,920]
034 M240 MEDIUM MACHINE GUN MODS 7 0
     Realignment of EDI APS Unit Set from OCO to Base [–7]
SUPPORT EQUIPMENT & FACILITIES
039 ITEMS LESS THAN $5.0M (WOCV-WTCV) 1,397 0
     Realignment of EDI APS Unit Set from OCO to Base [–1,397]
       TOTAL PROCUREMENT OF W&TCV, ARMY 1,107,183 11,662
PROCUREMENT OF AMMUNITION, ARMY
SMALL/MEDIUM CAL AMMUNITION
001 CTG, 5.56MM, ALL TYPES 3,392 0
     Realignment of EDI APS Unit Set from OCO to Base [–3,392]
002 CTG, 7.62MM, ALL TYPES 40 0
     Realignment of EDI APS Unit Set from OCO to Base [–40]
003 CTG, HANDGUN, ALL TYPES 17 0
     Realignment of EDI APS Unit Set from OCO to Base [–17]
004 CTG, .50 CAL, ALL TYPES 189 0
     Realignment of EDI APS Unit Set from OCO to Base [–189]
005 CTG, 20MM, ALL TYPES 1,605 1,605
007 CTG, 30MM, ALL TYPES 25,000 0
     Realignment of EDI APS Unit Set from OCO to Base [–25,000]
MORTAR AMMUNITION
009 60MM MORTAR, ALL TYPES 218 0
     Realignment of EDI APS Unit Set from OCO to Base [–218]
010 81MM MORTAR, ALL TYPES 484 0
     Realignment of EDI APS Unit Set from OCO to Base [–484]
ARTILLERY AMMUNITION
014 ARTILLERY PROJECTILE, 155MM, ALL TYPES 79,400 0
     Realignment of EDI APS Unit Set from OCO to Base [–79,400]
015 PROJ 155MM EXTENDED RANGE M982 72,985 21,285
     Realignment of EDI APS Unit Set from OCO to Base [–51,700]
016 ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL 63,900 15,000
     Realignment of EDI APS Unit Set from OCO to Base [–48,900]
ROCKETS
018 SHOULDER LAUNCHED MUNITIONS, ALL TYPES 22,242 20,000
     Realignment of EDI APS Unit Set from OCO to Base [–2,242]
019 ROCKET, HYDRA 70, ALL TYPES 39,974 39,974
OTHER AMMUNITION
021 DEMOLITION MUNITIONS, ALL TYPES 5 0
     Realignment of EDI APS Unit Set from OCO to Base [–5]
022 GRENADES, ALL TYPES 8 0
     Realignment of EDI APS Unit Set from OCO to Base [–8]
MISCELLANEOUS
027 ITEMS LESS THAN $5 MILLION (AMMO) 66 0
     Realignment of EDI APS Unit Set from OCO to Base [–66]
       TOTAL PROCUREMENT OF AMMUNITION, ARMY 309,525 97,864
OTHER PROCUREMENT, ARMY
TACTICAL VEHICLES
002 SEMITRAILERS, FLATBED: 8,000 0
     Realignment of EDI APS Unit Set from OCO to Base [–8,000]
003 AMBULANCE, 4 LITTER, 5/4 TON, 4X4 20,770 0
     Realignment of EDI APS Unit Set from OCO to Base [–20,770]
010 FAMILY OF HEAVY TACTICAL VEHICLES (FHTV) 115,400 0
     Realignment of EDI APS Unit Set from OCO to Base [–115,400]
012 HVY EXPANDED MOBILE TACTICAL TRUCK EXT SERV 6,682 0
     Realignment of EDI APS Unit Set from OCO to Base [–6,682]
013 TACTICAL WHEELED VEHICLE PROTECTION KITS 50,000 0
     Realignment of EDI APS Unit Set from OCO to Base [–50,000]
014 MODIFICATION OF IN SVC EQUIP 186,377 186,000
     Realignment of EDI APS Unit Set from OCO to Base [–377]
COMM—SATELLITE COMMUNICATIONS
028 TRANSPORTABLE TACTICAL COMMAND COMMUNICATIONS 7,100 7,100
COMM—COMBAT COMMUNICATIONS
037 JOINT TACTICAL RADIO SYSTEM 1,560 0
     Realignment of EDI APS Unit Set from OCO to Base [–1,560]
042 TRACTOR RIDE 13,190 13,190
045 TACTICAL COMMUNICATIONS AND PROTECTIVE SYSTEM 9,549 9,549
047 COTS COMMUNICATIONS EQUIPMENT 22,000 0
     Realignment of EDI APS Unit Set from OCO to Base [–22,000]
COMM—INTELLIGENCE COMM
050 CI AUTOMATION ARCHITECTURE (MIP) 9,800 9,800
INFORMATION SECURITY
055 COMMUNICATIONS SECURITY (COMSEC) 3 0
     Realignment of EDI APS Unit Set from OCO to Base [–3]
COMM—LONG HAUL COMMUNICATIONS
059 BASE SUPPORT COMMUNICATIONS 690 690
COMM—BASE COMMUNICATIONS
060 INFORMATION SYSTEMS 8,750 8,750
063 INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM 60,337 51,287
     Realignment of EDI APS Unit Set from OCO to Base [–9,050]
ELECT EQUIP—TACT INT REL ACT (TIARA)
068 DCGS-A (MIP) 37,806 37,806
070 TROJAN (MIP) 6,926 6,326
     Realignment of EDI APS Unit Set from OCO to Base [–600]
071 MOD OF IN-SVC EQUIP (INTEL SPT) (MIP) 2,011 2,011
075 BIOMETRIC TACTICAL COLLECTION DEVICES (MIP) 5,370 5,370
ELECT EQUIP—ELECTRONIC WARFARE (EW)
080 CREW 42,651 42,651
081 FAMILY OF PERSISTENT SURVEILLANCE CAP. (MIP) 20,050 25,450
     SOUTHCOM UFR: CENTAM Maritime Sensor [3,600]
     SOUTHCOM UFR: SIGINT Suite COMSAT RF [1,800]
082 COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES 12,974 12,974
ELECT EQUIP—TACTICAL SURV. (TAC SURV)
085 NIGHT VISION DEVICES 463 377
     Realignment of EDI APS Unit Set from OCO to Base [–86]
086 LONG RANGE ADVANCED SCOUT SURVEILLANCE SYSTEM 2,861 0
     Realignment of EDI APS Unit Set from OCO to Base [–2,861]
087 SMALL TACTICAL OPTICAL RIFLE MOUNTED MLRF 60 60
088 RADIATION MONITORING SYSTEMS 11 0
     Realignment of EDI APS Unit Set from OCO to Base [–11]
090 INDIRECT FIRE PROTECTION FAMILY OF SYSTEMS 251,062 250,800
     Realignment of EDI APS Unit Set from OCO to Base [–262]
091 FAMILY OF WEAPON SIGHTS (FWS) 525 0
     Realignment of EDI APS Unit Set from OCO to Base [–525]
094 JOINT BATTLE COMMAND—PLATFORM (JBC-P) 26,146 0
     Realignment of EDI APS Unit Set from OCO to Base [–26,146]
096 MOD OF IN-SVC EQUIP (LLDR) 4,050 0
     Realignment of EDI APS Unit Set from OCO to Base [–4,050]
097 COMPUTER BALLISTICS: LHMBC XM32 960 960
098 MORTAR FIRE CONTROL SYSTEM 7,660 7,660
099 COUNTERFIRE RADARS 165,200 165,200
ELECT EQUIP—AUTOMATION
112 AUTOMATED DATA PROCESSING EQUIP 28,475 28,475
CHEMICAL DEFENSIVE EQUIPMENT
121 PROTECTIVE SYSTEMS 27 0
     Realignment of EDI APS Unit Set from OCO to Base [–27]
122 FAMILY OF NON-LETHAL EQUIPMENT (FNLE) 20,200 20,200
123 BASE DEFENSE SYSTEMS (BDS) 39,200 39,200
124 CBRN DEFENSE 2,317 2,000
     Realignment of EDI APS Unit Set from OCO to Base [–317]
ENGINEER (NON-CONSTRUCTION) EQUIPMENT
129 GRND STANDOFF MINE DETECTN SYSM (GSTAMIDS) 16,000 16,000
130 AREA MINE DETECTION SYSTEM (AMDS) 1 0
     Realignment of EDI APS Unit Set from OCO to Base [–1]
132 ROBOTIC COMBAT SUPPORT SYSTEM (RCSS) 4,850 4,850
136 REMOTE DEMOLITION SYSTEMS 1 0
     Realignment of EDI APS Unit Set from OCO to Base [–1]
COMBAT SERVICE SUPPORT EQUIPMENT
139 HEATERS AND ECU'S 270 270
141 PERSONNEL RECOVERY SUPPORT SYSTEM (PRSS) 4,300 4,300
142 GROUND SOLDIER SYSTEM 1,725 1,725
144 FORCE PROVIDER 55,800 55,800
145 FIELD FEEDING EQUIPMENT 1,035 1,035
146 CARGO AERIAL DEL & PERSONNEL PARACHUTE SYSTEM 1,980 1,980
MEDICAL EQUIPMENT
151 COMBAT SUPPORT MEDICAL 17,527 17,527
MAINTENANCE EQUIPMENT
153 ITEMS LESS THAN $5.0M (MAINT EQ) 268 0
     Realignment of EDI APS Unit Set from OCO to Base [–268]
CONSTRUCTION EQUIPMENT
159 HIGH MOBILITY ENGINEER EXCAVATOR (HMEE) 25,700 25,700
GENERATORS
165 GENERATORS AND ASSOCIATED EQUIP 569 569
TEST MEASURE AND DIG EQUIPMENT (TMD)
174 INTEGRATED FAMILY OF TEST EQUIPMENT (IFTE) 9,495 0
     Realignment of EDI APS Unit Set from OCO to Base [–9,495]
OTHER SUPPORT EQUIPMENT
176 M25 STABILIZED BINOCULAR 33 0
     Realignment of EDI APS Unit Set from OCO to Base [–33]
177 RAPID EQUIPPING SOLDIER SUPPORT EQUIPMENT 18,000 18,000
178 PHYSICAL SECURITY SYSTEMS (OPA3) 6,000 6,000
179 BASE LEVEL COMMON EQUIPMENT 2,080 2,080
180 MODIFICATION OF IN-SVC EQUIPMENT (OPA–3) 19,200 19,200
       TOTAL OTHER PROCUREMENT, ARMY 1,382,047 1,108,922
AIRCRAFT PROCUREMENT, NAVY
OTHER AIRCRAFT
025 STUASL0 UAV 35,065 35,065
MODIFICATION OF AIRCRAFT
032 SH–60 SERIES 4,858 4,858
034 EP–3 SERIES 5,380 5,380
044 SPECIAL PROJECT AIRCRAFT 2,165 2,165
049 COMMON ECM EQUIPMENT 9,820 9,820
051 COMMON DEFENSIVE WEAPON SYSTEM 3,206 3,206
061 QRC 2,410 2,410
063 RQ–21 SERIES 17,215 17,215
       TOTAL AIRCRAFT PROCUREMENT, NAVY 80,119 80,119
WEAPONS PROCUREMENT, NAVY
TACTICAL MISSILES
004 AMRAAM 1,183 1,183
005 SIDEWINDER 381 381
012 HELLFIRE 1,530 1,530
015 AERIAL TARGETS 6,500 6,500
GUNS AND GUN MOUNTS
035 SMALL ARMS AND WEAPONS 1,540 1,540
MODIFICATION OF GUNS AND GUN MOUNTS
038 GUN MOUNT MODS 3,000 3,000
       TOTAL WEAPONS PROCUREMENT, NAVY 14,134 14,134
PROCUREMENT OF AMMO, NAVY & MC
NAVY AMMUNITION
001 GENERAL PURPOSE BOMBS 62,530 62,530
002 JDAM 93,019 93,019
003 AIRBORNE ROCKETS, ALL TYPES 2,163 2,163
004 MACHINE GUN AMMUNITION 5,000 5,000
006 CARTRIDGES & CART ACTUATED DEVICES 5,334 5,334
007 AIR EXPENDABLE COUNTERMEASURES 36,580 36,580
008 JATOS 747 747
011 OTHER SHIP GUN AMMUNITION 2,538 2,538
013 PYROTECHNIC AND DEMOLITION 1,807 1,807
015 AMMUNITION LESS THAN $5 MILLION 2,229 2,229
MARINE CORPS AMMUNITION
019 MORTARS 2,018 2,018
021 DIRECT SUPPORT MUNITIONS 632 632
022 INFANTRY WEAPONS AMMUNITION 779 779
026 COMBAT SUPPORT MUNITIONS 164 164
029 ARTILLERY MUNITIONS 31,001 31,001
       TOTAL PROCUREMENT OF AMMO, NAVY & MC 246,541 246,541
OTHER PROCUREMENT, NAVY
OTHER SHIPBOARD EQUIPMENT
021 UNDERWATER EOD PROGRAMS 9,200 9,200
SMALL BOATS
028 STANDARD BOATS 19,060 19,060
ASW ELECTRONIC EQUIPMENT
043 FIXED SURVEILLANCE SYSTEM 56,950 56,950
SATELLITE COMMUNICATIONS
077 SATELLITE COMMUNICATIONS SYSTEMS 3,200 3,200
CRYPTOLOGIC EQUIPMENT
082 CRYPTOLOGIC COMMUNICATIONS EQUIP 2,000 2,000
SONOBUOYS
088 SONOBUOYS—ALL TYPES 21,156 21,156
OTHER ORDNANCE SUPPORT EQUIPMENT
104 EXPLOSIVE ORDNANCE DISPOSAL EQUIP 33,580 33,580
CIVIL ENGINEERING SUPPORT EQUIPMENT
108 PASSENGER CARRYING VEHICLES 170 170
109 GENERAL PURPOSE TRUCKS 400 400
111 FIRE FIGHTING EQUIPMENT 770 770
112 TACTICAL VEHICLES 7,298 7,298
SUPPLY SUPPORT EQUIPMENT
118 FIRST DESTINATION TRANSPORTATION 500 500
COMMAND SUPPORT EQUIPMENT
123 MEDICAL SUPPORT EQUIPMENT 6,500 6,500
128 ENVIRONMENTAL SUPPORT EQUIPMENT 2,200 2,200
129 PHYSICAL SECURITY EQUIPMENT 19,389 19,389
CLASSIFIED PROGRAMS
133A CLASSIFIED PROGRAMS 4,800 4,800
       TOTAL OTHER PROCUREMENT, NAVY 187,173 187,173
PROCUREMENT, MARINE CORPS
INTELL/COMM EQUIPMENT (NON-TEL)
022 FIRE SUPPORT SYSTEM 5,583 5,583
TACTICAL VEHICLES
037 MOTOR TRANSPORT MODIFICATIONS 44,440 44,440
ENGINEER AND OTHER EQUIPMENT
045 EOD SYSTEMS 8,000 8,000
       TOTAL PROCUREMENT, MARINE CORPS 58,023 58,023
AIRCRAFT PROCUREMENT, AIR FORCE
OTHER AIRLIFT
007 HC–130J 100,000 100,000
OTHER AIRCRAFT
018 MQ–9 339,740 147,040
     Excess attrition aircraft [–192,700]
019 RQ–20B PUMA 13,500 13,500
STRATEGIC AIRCRAFT
021 B–1B 4,000 4,000
023 LARGE AIRCRAFT INFRARED COUNTERMEASURES 149,778 149,778
TACTICAL AIRCRAFT
024 A–10 10,350 10,350
OTHER AIRCRAFT
047 U–2 MODS 7,900 7,900
056 COMPASS CALL MODS 36,400 36,400
061 E–8 13,000 13,000
065 H–60 40,560 40,560
067 HC/MC–130 MODIFICATIONS 87,900 87,900
068 OTHER AIRCRAFT 53,731 53,731
070 MQ–9 UAS PAYLOADS 16,000 16,000
AIRCRAFT SPARES AND REPAIR PARTS
072 INITIAL SPARES/REPAIR PARTS 91,500 91,500
COMMON SUPPORT EQUIPMENT
073 AIRCRAFT REPLACEMENT SUPPORT EQUIP 32,529 32,529
074 OTHER PRODUCTION CHARGES 22,000 22,000
       TOTAL AIRCRAFT PROCUREMENT, AIR FORCE 1,018,888 826,188
MISSILE PROCUREMENT, AIR FORCE
TACTICAL
002 JOINT AIR-SURFACE STANDOFF MISSILE 61,600 61,600
005 AMRAAM 2,600 2,600
006 PREDATOR HELLFIRE MISSILE 255,000 255,000
007 SMALL DIAMETER BOMB 140,724 140,724
CLASS IV
013 AGM–65D MAVERICK 33,602 33,602
       TOTAL MISSILE PROCUREMENT, AIR FORCE 493,526 493,526
PROCUREMENT OF AMMUNITION, AIR FORCE
CARTRIDGES
002 CARTRIDGES 29,587 29,587
BOMBS
004 GENERAL PURPOSE BOMBS 551,862 551,862
006 JOINT DIRECT ATTACK MUNITION 738,451 738,451
FLARES
015 FLARES 12,116 12,116
FUZES
016 FUZES 81,000 81,000
SMALL ARMS
017 SMALL ARMS 8,500 8,500
       TOTAL PROCUREMENT OF AMMUNITION, AIR FORCE 1,421,516 1,421,516
OTHER PROCUREMENT, AIR FORCE
PASSENGER CARRYING VEHICLES
001 PASSENGER CARRYING VEHICLES 9,680 9,680
CARGO AND UTILITY VEHICLES
002 MEDIUM TACTICAL VEHICLE 9,680 9,680
004 CARGO AND UTILITY VEHICLES 19,680 19,680
SPECIAL PURPOSE VEHICLES
006 SECURITY AND TACTICAL VEHICLES 24,880 24,880
007 SPECIAL PURPOSE VEHICLES 34,680 34,680
FIRE FIGHTING EQUIPMENT
008 FIRE FIGHTING/CRASH RESCUE VEHICLES 9,736 9,736
MATERIALS HANDLING EQUIPMENT
009 MATERIALS HANDLING VEHICLES 24,680 24,680
BASE MAINTENANCE SUPPORT
010 RUNWAY SNOW REMOV AND CLEANING EQU 9,680 9,680
011 BASE MAINTENANCE SUPPORT VEHICLES 9,680 9,680
INTELLIGENCE PROGRAMS
015 INTELLIGENCE COMM EQUIPMENT 6,156 6,156
ELECTRONICS PROGRAMS
016 AIR TRAFFIC CONTROL & LANDING SYS 56,884 56,884
SPCL COMM-ELECTRONICS PROJECTS
029 AIR FORCE PHYSICAL SECURITY SYSTEM 46,236 46,236
037 THEATER BATTLE MGT C2 SYSTEM 2,500 2,500
ORGANIZATION AND BASE
045 TACTICAL C-E EQUIPMENT 27,911 27,911
PERSONAL SAFETY & RESCUE EQUIP
051 PERSONAL SAFETY AND RESCUE EQUIPMENT 13,600 13,600
BASE SUPPORT EQUIPMENT
053 BASE PROCURED EQUIPMENT 28,800 28,800
054 ENGINEERING AND EOD EQUIPMENT 53,500 53,500
055 MOBILITY EQUIPMENT 78,562 78,562
056 BASE MAINTENANCE AND SUPPORT EQUIPMENT 28,055 28,055
SPECIAL SUPPORT PROJECTS
059 DCGS-AF 2,000 2,000
CLASSIFIED PROGRAMS
062 CLASSIFIED PROGRAMS 3,229,364 3,229,364
       TOTAL OTHER PROCUREMENT, AIR FORCE 3,725,944 3,725,944
PROCUREMENT, DEFENSE-WIDE
MAJOR EQUIPMENT, DISA
008 TELEPORT PROGRAM 3,800 3,800
017 DEFENSE INFORMATION SYSTEMS NETWORK 12,000 12,000
MAJOR EQUIPMENT, DEFENSE THREAT REDUCTION AGENCY
025 COUNTER IED & IMPROVISED THREAT TECHNOLOGIES 5,534 5,534
CLASSIFIED PROGRAMS
046A CLASSIFIED PROGRAMS 41,559 41,559
AVIATION PROGRAMS
047 MANNED ISR 5,000 5,000
048 MC–12 5,000 5,000
049 MH–60 BLACKHAWK 27,600 27,600
051 UNMANNED ISR 17,000 17,000
052 NON-STANDARD AVIATION 13,000 13,000
053 U–28 51,722 51,722
054 MH–47 CHINOOK 36,500 36,500
AMMUNITION PROGRAMS
061 ORDNANCE ITEMS <$5M 100,850 100,850
OTHER PROCUREMENT PROGRAMS
062 INTELLIGENCE SYSTEMS 16,500 16,500
064 OTHER ITEMS <$5M 7,700 7,700
067 TACTICAL VEHICLES 59,891 59,891
068 WARRIOR SYSTEMS <$5M 21,135 21,135
069 COMBAT MISSION REQUIREMENTS 10,000 10,000
071 OPERATIONAL ENHANCEMENTS INTELLIGENCE 10,805 10,805
073 OPERATIONAL ENHANCEMENTS 126,539 126,539
       TOTAL PROCUREMENT, DEFENSE-WIDE 572,135 572,135
NATIONAL GUARD AND RESERVE EQUIPMENT
UNDISTRIBUTED
007 UNDISTRIBUTED 150,000
     Program increase [150,000]
       TOTAL NATIONAL GUARD AND RESERVE EQUIPMENT 150,000
       TOTAL PROCUREMENT 12,782,468 10,458,253

TITLE LXXIIRESEARCH, DEVELOPMENT, TEST, AND EVALUATION

SEC. 7201. Research, development, test, and evaluation.


SEC. 7201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION(In Thousands of Dollars)
Line ProgramElement Item FY 2019 Request House Authorized
RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY
BASIC RESEARCH
001 0601101A IN-HOUSE LABORATORY INDEPENDENT RESEARCH 11,585 11,585
002 0601102A DEFENSE RESEARCH SCIENCES 276,912 276,912
003 0601103A UNIVERSITY RESEARCH INITIATIVES 65,283 65,283
004 0601104A UNIVERSITY AND INDUSTRY RESEARCH CENTERS 92,115 92,115
   SUBTOTAL BASIC RESEARCH 445,895 445,895
APPLIED RESEARCH
005 0602105A MATERIALS TECHNOLOGY 28,600 29,600
     Conformal batteries and composite armor [1,000]
006 0602120A SENSORS AND ELECTRONIC SURVIVABILITY 32,366 36,366
     Expand Army Research lab Open Campus project [4,000]
007 0602122A TRACTOR HIP 8,674 8,674
008 0602126A TRACTOR JACK 400 400
009 0602211A AVIATION TECHNOLOGY 64,847 64,847
010 0602270A ELECTRONIC WARFARE TECHNOLOGY 25,571 25,571
011 0602303A MISSILE TECHNOLOGY 50,183 50,183
012 0602307A ADVANCED WEAPONS TECHNOLOGY 29,502 29,502
013 0602308A ADVANCED CONCEPTS AND SIMULATION 28,500 28,500
014 0602601A COMBAT VEHICLE AND AUTOMOTIVE TECHNOLOGY 70,450 70,450
015 0602618A BALLISTICS TECHNOLOGY 75,541 75,541
016 0602622A CHEMICAL, SMOKE AND EQUIPMENT DEFEATING TECHNOLOGY 5,032 5,032
017 0602623A JOINT SERVICE SMALL ARMS PROGRAM 12,394 12,394
018 0602624A WEAPONS AND MUNITIONS TECHNOLOGY 40,444 50,444
     Accelerate Army railgun development and prototyping [10,000]
019 0602705A ELECTRONICS AND ELECTRONIC DEVICES 58,283 58,283
020 0602709A NIGHT VISION TECHNOLOGY 29,582 29,582
021 0602712A COUNTERMINE SYSTEMS 21,244 21,244
022 0602716A HUMAN FACTORS ENGINEERING TECHNOLOGY 24,131 24,131
023 0602720A ENVIRONMENTAL QUALITY TECHNOLOGY 13,242 13,242
024 0602782A COMMAND, CONTROL, COMMUNICATIONS TECHNOLOGY 55,003 55,003
025 0602783A COMPUTER AND SOFTWARE TECHNOLOGY 14,958 14,958
026 0602784A MILITARY ENGINEERING TECHNOLOGY 78,159 78,159
027 0602785A MANPOWER/PERSONNEL/TRAINING TECHNOLOGY 21,862 21,862
028 0602786A WARFIGHTER TECHNOLOGY 40,566 45,566
     Program increase [5,000]
029 0602787A MEDICAL TECHNOLOGY 90,075 90,075
   SUBTOTAL APPLIED RESEARCH 919,609 939,609
ADVANCED TECHNOLOGY DEVELOPMENT
030 0603001A WARFIGHTER ADVANCED TECHNOLOGY 39,338 39,338
031 0603002A MEDICAL ADVANCED TECHNOLOGY 62,496 62,496
032 0603003A AVIATION ADVANCED TECHNOLOGY 124,958 124,958
033 0603004A WEAPONS AND MUNITIONS ADVANCED TECHNOLOGY 102,686 102,686
034 0603005A COMBAT VEHICLE AND AUTOMOTIVE ADVANCED TECHNOLOGY 119,739 119,739
035 0603006A SPACE APPLICATION ADVANCED TECHNOLOGY 13,000 13,000
036 0603007A MANPOWER, PERSONNEL AND TRAINING ADVANCED TECHNOLOGY 8,044 8,044
037 0603009A TRACTOR HIKE 22,631 22,631
038 0603015A NEXT GENERATION TRAINING & SIMULATION SYSTEMS 25,682 25,682
040 0603125A COMBATING TERRORISM—TECHNOLOGY DEVELOPMENT 3,762 3,762
041 0603130A TRACTOR NAIL 4,896 4,896
042 0603131A TRACTOR EGGS 6,041 6,041
043 0603270A ELECTRONIC WARFARE TECHNOLOGY 31,491 31,491
044 0603313A MISSILE AND ROCKET ADVANCED TECHNOLOGY 61,132 71,132
     Shoot-on-the-Move Technology Development for SHORAD platforms [10,000]
045 0603322A TRACTOR CAGE 16,845 16,845
046 0603461A HIGH PERFORMANCE COMPUTING MODERNIZATION PROGRAM 183,322 188,322
     Enhance and accelerate Army artificial intelligence and machine learning [5,000]
047 0603606A LANDMINE WARFARE AND BARRIER ADVANCED TECHNOLOGY 11,104 11,104
048 0603607A JOINT SERVICE SMALL ARMS PROGRAM 5,885 5,885
049 0603710A NIGHT VISION ADVANCED TECHNOLOGY 61,376 58,876
     Program decrease [–2,500]
050 0603728A ENVIRONMENTAL QUALITY TECHNOLOGY DEMONSTRATIONS 9,136 9,136
051 0603734A MILITARY ENGINEERING ADVANCED TECHNOLOGY 25,864 25,864
052 0603772A ADVANCED TACTICAL COMPUTER SCIENCE AND SENSOR TECHNOLOGY 34,883 39,883
     Program increase [5,000]
053 0603794A C3 ADVANCED TECHNOLOGY 52,387 49,887
     Program decrease [–2,500]
   SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT 1,026,698 1,041,698
ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES
054 0603305A ARMY MISSLE DEFENSE SYSTEMS INTEGRATION 10,777 10,777
056 0603327A AIR AND MISSILE DEFENSE SYSTEMS ENGINEERING 42,802 43,802
     Realignment of EDI APS Unit Set from OCO to Base [1,000]
057 0603619A LANDMINE WARFARE AND BARRIER—ADV DEV 45,254 45,254
058 0603627A SMOKE, OBSCURANT AND TARGET DEFEATING SYS-ADV DEV 22,700 22,700
059 0603639A TANK AND MEDIUM CALIBER AMMUNITION 41,974 55,974
     Army UFR: test and evaluation of the M999 155mm Anti-Personnel Improved Conventional Munition [14,000]
060 0603645A ARMORED SYSTEM MODERNIZATION—ADV DEV 119,395 119,395
061 0603747A SOLDIER SUPPORT AND SURVIVABILITY 8,746 8,746
062 0603766A TACTICAL ELECTRONIC SURVEILLANCE SYSTEM—ADV DEV 35,667 35,667
063 0603774A NIGHT VISION SYSTEMS ADVANCED DEVELOPMENT 7,350 7,350
064 0603779A ENVIRONMENTAL QUALITY TECHNOLOGY—DEM/VAL 14,749 14,749
065 0603790A NATO RESEARCH AND DEVELOPMENT 3,687 3,687
066 0603801A AVIATION—ADV DEV 10,793 10,793
067 0603804A LOGISTICS AND ENGINEER EQUIPMENT—ADV DEV 14,248 14,248
068 0603807A MEDICAL SYSTEMS—ADV DEV 34,284 34,284
069 0603827A SOLDIER SYSTEMS—ADVANCED DEVELOPMENT 18,044 28,044
     Advanced materials research for personal protective equipment (PPE) [10,000]
070 0604017A ROBOTICS DEVELOPMENT 95,660 95,660
071 0604020A CROSS FUNCTIONAL TEAM (CFT) ADVANCED DEVELOPMENT & PROTOTYPING 38,000 68,000
     Iron Dome short range air defense experimentation [30,000]
072 0604100A ANALYSIS OF ALTERNATIVES 9,765 9,765
073 0604113A FUTURE TACTICAL UNMANNED AIRCRAFT SYSTEM (FTUAS) 12,393 12,393
074 0604114A LOWER TIER AIR MISSILE DEFENSE (LTAMD) SENSOR 120,374 120,374
075 0604115A TECHNOLOGY MATURATION INITIATIVES 95,347 95,347
076 0604117A MANEUVER—SHORT RANGE AIR DEFENSE (M-SHORAD) 95,085 118,085
     Realignment of EDI APS Unit Set from OCO to Base [23,000]
077 0604118A TRACTOR BEAM 52,894 52,894
079 0604121A SYNTHETIC TRAINING ENVIRONMENT REFINEMENT & PROTOTYPING 77,939 77,939
080 0604319A INDIRECT FIRE PROTECTION CAPABILITY INCREMENT 2–INTERCEPT (IFPC2) 51,030 51,030
081 0305251A CYBERSPACE OPERATIONS FORCES AND FORCE SUPPORT 65,817 65,817
082 1206120A ASSURED POSITIONING, NAVIGATION AND TIMING (PNT) 146,300 146,300
083 1206308A ARMY SPACE SYSTEMS INTEGRATION 38,319 38,319
   SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 1,329,393 1,407,393
SYSTEM DEVELOPMENT & DEMONSTRATION
084 0604201A AIRCRAFT AVIONICS 32,293 32,293
085 0604270A ELECTRONIC WARFARE DEVELOPMENT 78,699 78,699
088 0604328A TRACTOR CAGE 17,050 17,050
089 0604601A INFANTRY SUPPORT WEAPONS 83,155 83,155
090 0604604A MEDIUM TACTICAL VEHICLES 3,704 3,704
091 0604611A JAVELIN 10,623 10,623
092 0604622A FAMILY OF HEAVY TACTICAL VEHICLES 11,950 11,950
093 0604633A AIR TRAFFIC CONTROL 12,347 12,347
095 0604642A LIGHT TACTICAL WHEELED VEHICLES 8,212 8,212
096 0604645A ARMORED SYSTEMS MODERNIZATION (ASM)—ENG DEV 393,613 393,613
097 0604710A NIGHT VISION SYSTEMS—ENG DEV 139,614 139,614
098 0604713A COMBAT FEEDING, CLOTHING, AND EQUIPMENT 4,507 4,507
099 0604715A NON-SYSTEM TRAINING DEVICES—ENG DEV 49,436 49,436
100 0604741A AIR DEFENSE COMMAND, CONTROL AND INTELLIGENCE—ENG DEV 95,172 95,172
101 0604742A CONSTRUCTIVE SIMULATION SYSTEMS DEVELOPMENT 22,628 22,628
102 0604746A AUTOMATIC TEST EQUIPMENT DEVELOPMENT 13,297 13,297
103 0604760A DISTRIBUTIVE INTERACTIVE SIMULATIONS (DIS)—ENG DEV 9,145 9,145
104 0604768A BRILLIANT ANTI-ARMOR SUBMUNITION (BAT) 9,894 9,894
105 0604780A COMBINED ARMS TACTICAL TRAINER (CATT) CORE 21,964 21,964
106 0604798A BRIGADE ANALYSIS, INTEGRATION AND EVALUATION 49,288 49,288
107 0604802A WEAPONS AND MUNITIONS—ENG DEV 183,100 183,100
108 0604804A LOGISTICS AND ENGINEER EQUIPMENT—ENG DEV 79,706 75,906
     Late MSV-L contract award and concurrency [–3,800]
109 0604805A COMMAND, CONTROL, COMMUNICATIONS SYSTEMS—ENG DEV 15,970 15,970
110 0604807A MEDICAL MATERIEL/MEDICAL BIOLOGICAL DEFENSE EQUIPMENT—ENG DEV 44,542 44,542
111 0604808A LANDMINE WARFARE/BARRIER—ENG DEV 50,817 50,817
112 0604818A ARMY TACTICAL COMMAND & CONTROL HARDWARE & SOFTWARE 178,693 178,693
113 0604820A RADAR DEVELOPMENT 39,338 39,338
114 0604822A GENERAL FUND ENTERPRISE BUSINESS SYSTEM (GFEBS) 37,851 37,851
115 0604823A FIREFINDER 45,473 45,473
116 0604827A SOLDIER SYSTEMS—WARRIOR DEM/VAL 10,395 10,395
117 0604852A SUITE OF SURVIVABILITY ENHANCEMENT SYSTEMS—EMD 69,204 55,804
     Program reduction [–13,400]
118 0604854A ARTILLERY SYSTEMS—EMD 1,781 1,781
119 0605013A INFORMATION TECHNOLOGY DEVELOPMENT 113,758 113,758
120 0605018A INTEGRATED PERSONNEL AND PAY SYSTEM-ARMY (IPPS-A) 166,603 166,603
121 0605028A ARMORED MULTI-PURPOSE VEHICLE (AMPV) 118,239 118,239
122 0605029A INTEGRATED GROUND SECURITY SURVEILLANCE RESPONSE CAPABILITY (IGSSR-C) 3,211 3,211
123 0605030A JOINT TACTICAL NETWORK CENTER (JTNC) 15,889 15,889
124 0605031A JOINT TACTICAL NETWORK (JTN) 41,972 41,972
125 0605032A TRACTOR TIRE 41,166 41,166
126 0605033A GROUND-BASED OPERATIONAL SURVEILLANCE SYSTEM—EXPEDITIONARY (GBOSS-E) 5,175 5,175
127 0605034A TACTICAL SECURITY SYSTEM (TSS) 4,496 4,496
128 0605035A COMMON INFRARED COUNTERMEASURES (CIRCM) 51,178 51,178
129 0605036A COMBATING WEAPONS OF MASS DESTRUCTION (CWMD) 11,311 11,311
131 0605038A NUCLEAR BIOLOGICAL CHEMICAL RECONNAISSANCE VEHICLE (NBCRV) SENSOR SUITE 17,154 17,154
132 0605041A DEFENSIVE CYBER TOOL DEVELOPMENT 36,626 36,626
133 0605042A TACTICAL NETWORK RADIO SYSTEMS (LOW-TIER) 3,829 3,829
134 0605047A CONTRACT WRITING SYSTEM 41,928 41,928
135 0605049A MISSILE WARNING SYSTEM MODERNIZATION (MWSM) 28,276 28,276
136 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT 21,965 21,965
137 0605052A INDIRECT FIRE PROTECTION CAPABILITY INC 2—BLOCK 1 157,710 157,710
138 0605053A GROUND ROBOTICS 86,167 86,167
139 0605054A EMERGING TECHNOLOGY INITIATIVES 42,866 68,266
     Army UFR: program increase [25,400]
140 0605380A AMF JOINT TACTICAL RADIO SYSTEM (JTRS) 15,984 15,984
141 0605450A JOINT AIR-TO-GROUND MISSILE (JAGM) 11,773 11,773
142 0605457A ARMY INTEGRATED AIR AND MISSILE DEFENSE (AIAMD) 277,607 277,607
143 0605766A NATIONAL CAPABILITIES INTEGRATION (MIP) 12,340 12,340
144 0605812A JOINT LIGHT TACTICAL VEHICLE (JLTV) ENGINEERING AND MANUFACTURING DEVELOPMENT PH 2,686 2,686
145 0605830A AVIATION GROUND SUPPORT EQUIPMENT 2,706 2,706
147 0303032A TROJAN—RH12 4,521 4,521
150 0304270A ELECTRONIC WARFARE DEVELOPMENT 8,922 8,922
151 1205117A TRACTOR BEARS 23,170 23,170
   SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION 3,192,689 3,200,889
RDT&E MANAGEMENT SUPPORT
152 0604256A THREAT SIMULATOR DEVELOPMENT 12,835 12,835
153 0604258A TARGET SYSTEMS DEVELOPMENT 12,135 12,135
154 0604759A MAJOR T&E INVESTMENT 82,996 82,996
155 0605103A RAND ARROYO CENTER 19,821 19,821
156 0605301A ARMY KWAJALEIN ATOLL 246,574 246,574
157 0605326A CONCEPTS EXPERIMENTATION PROGRAM 30,430 30,430
159 0605601A ARMY TEST RANGES AND FACILITIES 305,759 305,759
160 0605602A ARMY TECHNICAL TEST INSTRUMENTATION AND TARGETS 62,379 62,379
161 0605604A SURVIVABILITY/LETHALITY ANALYSIS 40,496 40,496
162 0605606A AIRCRAFT CERTIFICATION 3,941 3,941
163 0605702A METEOROLOGICAL SUPPORT TO RDT&E ACTIVITIES 9,767 9,767
164 0605706A MATERIEL SYSTEMS ANALYSIS 21,226 21,226
165 0605709A EXPLOITATION OF FOREIGN ITEMS 13,026 13,026
166 0605712A SUPPORT OF OPERATIONAL TESTING 52,718 52,718
167 0605716A ARMY EVALUATION CENTER 57,049 57,049
168 0605718A ARMY MODELING & SIM X-CMD COLLABORATION & INTEG 2,801 2,801
169 0605801A PROGRAMWIDE ACTIVITIES 60,942 60,942
170 0605803A TECHNICAL INFORMATION ACTIVITIES 29,050 29,050
171 0605805A MUNITIONS STANDARDIZATION, EFFECTIVENESS AND SAFETY 42,332 42,332
172 0605857A ENVIRONMENTAL QUALITY TECHNOLOGY MGMT SUPPORT 3,216 3,216
173 0605898A ARMY DIRECT REPORT HEADQUARTERS—R&D - MHA 54,145 54,145
174 0606001A MILITARY GROUND-BASED CREW TECHNOLOGY 4,896 4,896
175 0606002A RONALD REAGAN BALLISTIC MISSILE DEFENSE TEST SITE 63,011 63,011
176 0606003A COUNTERINTEL AND HUMAN INTEL MODERNIZATION 2,636 2,636
177 0606942A ASSESSMENTS AND EVALUATIONS CYBER VULNERABILITIES 88,300 88,300
   SUBTOTAL RDT&E MANAGEMENT SUPPORT 1,322,481 1,322,481
OPERATIONAL SYSTEMS DEVELOPMENT
181 0603778A MLRS PRODUCT IMPROVEMENT PROGRAM 8,886 8,886
182 0603813A TRACTOR PULL 4,067 4,067
183 0605024A ANTI-TAMPER TECHNOLOGY SUPPORT 4,254 4,254
184 0607131A WEAPONS AND MUNITIONS PRODUCT IMPROVEMENT PROGRAMS 16,022 16,022
185 0607133A TRACTOR SMOKE 4,577 4,577
186 0607134A LONG RANGE PRECISION FIRES (LRPF) 186,475 186,475
187 0607135A APACHE PRODUCT IMPROVEMENT PROGRAM 31,049 31,049
188 0607136A BLACKHAWK PRODUCT IMPROVEMENT PROGRAM 35,240 35,240
189 0607137A CHINOOK PRODUCT IMPROVEMENT PROGRAM 157,822 157,822
190 0607138A FIXED WING PRODUCT IMPROVEMENT PROGRAM 4,189 4,189
191 0607139A IMPROVED TURBINE ENGINE PROGRAM 192,637 192,637
194 0607142A AVIATION ROCKET SYSTEM PRODUCT IMPROVEMENT AND DEVELOPMENT 60,860 60,860
195 0607143A UNMANNED AIRCRAFT SYSTEM UNIVERSAL PRODUCTS 52,019 52,019
196 0607665A FAMILY OF BIOMETRICS 2,400 2,400
197 0607865A PATRIOT PRODUCT IMPROVEMENT 65,369 90,369
     Increase PATRIOT improvement efforts [25,000]
198 0202429A AEROSTAT JOINT PROJECT—COCOM EXERCISE 1 1
199 0203728A JOINT AUTOMATED DEEP OPERATION COORDINATION SYSTEM (JADOCS) 30,954 30,954
200 0203735A COMBAT VEHICLE IMPROVEMENT PROGRAMS 411,927 411,927
202 0203743A 155MM SELF-PROPELLED HOWITZER IMPROVEMENTS 40,676 40,676
203 0203744A AIRCRAFT MODIFICATIONS/PRODUCT IMPROVEMENT PROGRAMS 17,706 17,706
204 0203752A AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM 146 146
205 0203758A DIGITIZATION 6,316 6,316
206 0203801A MISSILE/AIR DEFENSE PRODUCT IMPROVEMENT PROGRAM 1,643 3,643
     Realignment of EDI APS Unit Set from OCO to Base [2,000]
207 0203802A OTHER MISSILE PRODUCT IMPROVEMENT PROGRAMS 4,947 4,947
208 0203808A TRACTOR CARD 34,050 34,050
210 0205410A MATERIALS HANDLING EQUIPMENT 1,464 1,464
211 0205412A ENVIRONMENTAL QUALITY TECHNOLOGY—OPERATIONAL SYSTEM DEV 249 249
212 0205456A LOWER TIER AIR AND MISSILE DEFENSE (AMD) SYSTEM 79,283 79,283
213 0205778A GUIDED MULTIPLE-LAUNCH ROCKET SYSTEM (GMLRS) 154,102 154,102
216 0303028A SECURITY AND INTELLIGENCE ACTIVITIES 12,280 12,280
217 0303140A INFORMATION SYSTEMS SECURITY PROGRAM 68,533 68,533
218 0303141A GLOBAL COMBAT SUPPORT SYSTEM 68,619 68,619
220 0303150A WWMCCS/GLOBAL COMMAND AND CONTROL SYSTEM 2,034 2,034
223 0305172A COMBINED ADVANCED APPLICATIONS 1,500 1,500
224 0305179A INTEGRATED BROADCAST SERVICE (IBS) 450 450
225 0305204A TACTICAL UNMANNED AERIAL VEHICLES 6,000 6,000
226 0305206A AIRBORNE RECONNAISSANCE SYSTEMS 12,416 26,416
     Realignment of EDI APS Unit Set from OCO to Base [14,000]
227 0305208A DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 38,667 38,667
229 0305232A RQ–11 UAV 6,180 6,180
230 0305233A RQ–7 UAV 12,863 12,863
231 0307665A BIOMETRICS ENABLED INTELLIGENCE 4,310 4,310
233 0708045A END ITEM INDUSTRIAL PREPAREDNESS ACTIVITIES 53,958 53,958
234 1203142A SATCOM GROUND ENVIRONMENT (SPACE) 12,119 12,119
235 1208053A JOINT TACTICAL GROUND SYSTEM 7,400 7,400
235A 9999999999 CLASSIFIED PROGRAMS 5,955 5,955
   SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT 1,922,614 1,963,614
       TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY 10,159,379 10,321,579
RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY
BASIC RESEARCH
001 0601103N UNIVERSITY RESEARCH INITIATIVES 119,433 129,433
     Defense University Research Instrumentation Program [10,000]
002 0601152N IN-HOUSE LABORATORY INDEPENDENT RESEARCH 19,237 19,237
003 0601153N DEFENSE RESEARCH SCIENCES 458,708 458,708
   SUBTOTAL BASIC RESEARCH 597,378 607,378
APPLIED RESEARCH
004 0602114N POWER PROJECTION APPLIED RESEARCH 14,643 14,643
005 0602123N FORCE PROTECTION APPLIED RESEARCH 124,049 124,049
006 0602131M MARINE CORPS LANDING FORCE TECHNOLOGY 59,607 59,607
007 0602235N COMMON PICTURE APPLIED RESEARCH 36,348 41,348
     Enhance and accelerate Navy artificial intelligence research [5,000]
008 0602236N WARFIGHTER SUSTAINMENT APPLIED RESEARCH 56,197 56,197
009 0602271N ELECTROMAGNETIC SYSTEMS APPLIED RESEARCH 83,800 83,800
010 0602435N OCEAN WARFIGHTING ENVIRONMENT APPLIED RESEARCH 42,998 42,998
011 0602651M JOINT NON-LETHAL WEAPONS APPLIED RESEARCH 6,349 6,349
012 0602747N UNDERSEA WARFARE APPLIED RESEARCH 58,049 78,049
     Academic partnerships for undersea unmanned warfare research and energy technology [20,000]
013 0602750N FUTURE NAVAL CAPABILITIES APPLIED RESEARCH 147,771 147,771
014 0602782N MINE AND EXPEDITIONARY WARFARE APPLIED RESEARCH 37,545 61,045
     Program increase-one sensor plus integration [23,500]
015 0602792N INNOVATIVE NAVAL PROTOTYPES (INP) APPLIED RESEARCH 159,697 169,697
     Accelerate Navy railgun development and prototyping [10,000]
016 0602861N SCIENCE AND TECHNOLOGY MANAGEMENT—ONR FIELD ACITIVITIES 64,418 64,418
   SUBTOTAL APPLIED RESEARCH 891,471 949,971
ADVANCED TECHNOLOGY DEVELOPMENT
019 0603123N FORCE PROTECTION ADVANCED TECHNOLOGY 2,423 2,423
021 0603640M USMC ADVANCED TECHNOLOGY DEMONSTRATION (ATD) 150,245 150,245
022 0603651M JOINT NON-LETHAL WEAPONS TECHNOLOGY DEVELOPMENT 13,313 13,313
023 0603671N NAVY ADVANCED TECHNOLOGY DEVELOPMENT (ATD) 131,502 131,502
024 0603673N FUTURE NAVAL CAPABILITIES ADVANCED TECHNOLOGY DEVELOPMENT 232,996 232,996
025 0603680N MANUFACTURING TECHNOLOGY PROGRAM 58,657 58,657
030 0603801N INNOVATIVE NAVAL PROTOTYPES (INP) ADVANCED TECHNOLOGY DEVELOPMENT 161,859 181,859
     Accelerate Navy railgun development and prototyping [20,000]
   SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT 750,995 770,995
ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES
031 0603207N AIR/OCEAN TACTICAL APPLICATIONS 29,747 29,747
032 0603216N AVIATION SURVIVABILITY 7,050 7,050
033 0603251N AIRCRAFT SYSTEMS 793 793
034 0603254N ASW SYSTEMS DEVELOPMENT 7,058 12,058
     Prototyping fiber deployment sonobuoy systems [5,000]
035 0603261N TACTICAL AIRBORNE RECONNAISSANCE 3,540 3,540
036 0603382N ADVANCED COMBAT SYSTEMS TECHNOLOGY 59,741 59,741
037 0603502N SURFACE AND SHALLOW WATER MINE COUNTERMEASURES 62,727 62,727
038 0603506N SURFACE SHIP TORPEDO DEFENSE 8,570 18,570
     Program increase [10,000]
039 0603512N CARRIER SYSTEMS DEVELOPMENT 5,440 5,440
040 0603525N PILOT FISH 162,222 162,222
041 0603527N RETRACT LARCH 11,745 11,745
042 0603536N RETRACT JUNIPER 114,265 114,265
043 0603542N RADIOLOGICAL CONTROL 740 740
044 0603553N SURFACE ASW 1,122 1,122
045 0603561N ADVANCED SUBMARINE SYSTEM DEVELOPMENT 109,086 89,086
     Excessive cost growth [–7,000]
     Prior year inefficiencies impact [–13,000]
046 0603562N SUBMARINE TACTICAL WARFARE SYSTEMS 9,374 9,374
047 0603563N SHIP CONCEPT ADVANCED DESIGN 89,419 89,419
048 0603564N SHIP PRELIMINARY DESIGN & FEASIBILITY STUDIES 13,348 13,348
049 0603570N ADVANCED NUCLEAR POWER SYSTEMS 256,137 256,137
050 0603573N ADVANCED SURFACE MACHINERY SYSTEMS 22,109 22,109
051 0603576N CHALK EAGLE 29,744 29,744
052 0603581N LITTORAL COMBAT SHIP (LCS) 27,997 27,997
053 0603582N COMBAT SYSTEM INTEGRATION 16,351 16,351
054 0603595N OHIO REPLACEMENT 514,846 526,846
     Advanced Submarines Control and Precision Propulsion Module Integration [12,000]
055 0603596N LCS MISSION MODULES 103,633 103,633
056 0603597N AUTOMATED TEST AND ANALYSIS 7,931 7,931
057 0603599N FRIGATE DEVELOPMENT 134,772 134,772
058 0603609N CONVENTIONAL MUNITIONS 9,307 9,307
060 0603635M MARINE CORPS GROUND COMBAT/SUPPORT SYSTEM 1,828 1,828
061 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT 43,148 43,148
062 0603713N OCEAN ENGINEERING TECHNOLOGY DEVELOPMENT 5,915 5,915
063 0603721N ENVIRONMENTAL PROTECTION 19,811 24,811
     High-Pressure Waterjet Explosive Ordnance Disposal Technology development [5,000]
064 0603724N NAVY ENERGY PROGRAM 25,656 25,656
065 0603725N FACILITIES IMPROVEMENT 5,301 5,301
066 0603734N CHALK CORAL 267,985 267,985
067 0603739N NAVY LOGISTIC PRODUCTIVITY 4,059 4,059
068 0603746N RETRACT MAPLE 377,878 377,878
069 0603748N LINK PLUMERIA 381,770 381,770
070 0603751N RETRACT ELM 60,535 60,535
073 0603790N NATO RESEARCH AND DEVELOPMENT 9,652 9,652
074 0603795N LAND ATTACK TECHNOLOGY 15,529 15,529
075 0603851M JOINT NON-LETHAL WEAPONS TESTING 27,581 32,581
     Joint service adoption of non-lethal weapon technologies [5,000]
076 0603860N JOINT PRECISION APPROACH AND LANDING SYSTEMS—DEM/VAL 101,566 101,566
077 0603925N DIRECTED ENERGY AND ELECTRIC WEAPON SYSTEMS 223,344 171,344
     Program decrease [–52,000]
078 0604014N F/A –18 INFRARED SEARCH AND TRACK (IRST) 108,700 108,700
079 0604027N DIGITAL WARFARE OFFICE 26,691 26,691
080 0604028N SMALL AND MEDIUM UNMANNED UNDERSEA VEHICLES 16,717 16,717
081 0604029N UNMANNED UNDERSEA VEHICLE CORE TECHNOLOGIES 30,187 30,187
082 0604030N RAPID PROTOTYPING, EXPERIMENTATION AND DEMONSTRATION. 48,796 48,796
083 0604031N LARGE UNMANNED UNDERSEA VEHICLES 92,613 71,413
     Excessive Snakehead LDUUV growth [–21,200]
084 0604112N GERALD R. FORD CLASS NUCLEAR AIRCRAFT CARRIER (CVN 78—80) 58,121 73,121
     EMALS software support activity [15,000]
086 0604126N LITTORAL AIRBORNE MCM 17,622 17,622
087 0604127N SURFACE MINE COUNTERMEASURES 18,154 18,154
088 0604272N TACTICAL AIR DIRECTIONAL INFRARED COUNTERMEASURES (TADIRCM) 47,278 47,278
090 0604289M NEXT GENERATION LOGISTICS 11,081 11,081
092 0604320M RAPID TECHNOLOGY CAPABILITY PROTOTYPE 7,107 7,107
093 0604454N LX (R) 5,549 5,549
094 0604536N ADVANCED UNDERSEA PROTOTYPING 87,669 87,669
095 0604659N PRECISION STRIKE WEAPONS DEVELOPMENT PROGRAM 132,818 132,818
096 0604707N SPACE AND ELECTRONIC WARFARE (SEW) ARCHITECTURE/ENGINEERING SUPPORT 7,230 7,230
097 0604786N OFFENSIVE ANTI-SURFACE WARFARE WEAPON DEVELOPMENT 143,062 143,062
099 0303354N ASW SYSTEMS DEVELOPMENT—MIP 8,889 8,889
100 0304240M ADVANCED TACTICAL UNMANNED AIRCRAFT SYSTEM 25,291 10,341
     Unjustified cost growth [–14,950]
101 0304240N ADVANCED TACTICAL UNMANNED AIRCRAFT SYSTEM 9,300 9,300
102 0304270N ELECTRONIC WARFARE DEVELOPMENT—MIP 466 466
   SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 4,293,713 4,237,563
SYSTEM DEVELOPMENT & DEMONSTRATION
103 0603208N TRAINING SYSTEM AIRCRAFT 12,798 13,798
     TH–57 follow-on training system development [1,000]
104 0604212N OTHER HELO DEVELOPMENT 32,128 32,128
105 0604214M AV–8B AIRCRAFT—ENG DEV 46,363 46,363
107 0604215N STANDARDS DEVELOPMENT 3,771 3,771
108 0604216N MULTI-MISSION HELICOPTER UPGRADE DEVELOPMENT 16,611 16,611
109 0604218N AIR/OCEAN EQUIPMENT ENGINEERING 17,368 17,368
110 0604221N P–3 MODERNIZATION PROGRAM 2,134 2,134
111 0604230N WARFARE SUPPORT SYSTEM 9,729 9,729
112 0604231N TACTICAL COMMAND SYSTEM 57,688 57,688
113 0604234N ADVANCED HAWKEYE 223,565 215,565
     Forward financed in the FY18 Omnibus [–10,000]
     Program increase--IFF range improvement [2,000]
114 0604245M H–1 UPGRADES 58,097 58,097
116 0604261N ACOUSTIC SEARCH SENSORS 42,485 42,485
117 0604262N V–22A 143,079 143,079
118 0604264N AIR CREW SYSTEMS DEVELOPMENT 20,980 20,980
119 0604269N EA–18 147,419 147,419
120 0604270N ELECTRONIC WARFARE DEVELOPMENT 89,824 121,424
     Navy UFR: EA–18G offensive airborne electronic attack special mission pods [31,600]
121 0604273M EXECUTIVE HELO DEVELOPMENT 245,064 245,064
123 0604274N NEXT GENERATION JAMMER (NGJ) 459,529 459,529
124 0604280N JOINT TACTICAL RADIO SYSTEM—NAVY (JTRS-NAVY) 3,272 3,272
125 0604282N NEXT GENERATION JAMMER (NGJ) INCREMENT II 115,253 115,253
126 0604307N SURFACE COMBATANT COMBAT SYSTEM ENGINEERING 397,403 377,403
     ACB 20 unexecutable growth [–20,000]
127 0604311N LPD–17 CLASS SYSTEMS INTEGRATION 939 939
128 0604329N SMALL DIAMETER BOMB (SDB) 104,448 104,448
129 0604366N STANDARD MISSILE IMPROVEMENTS 165,881 180,881
     XFU electronics unit integration [15,000]
130 0604373N AIRBORNE MCM 10,831 10,831
131 0604378N NAVAL INTEGRATED FIRE CONTROL—COUNTER AIR SYSTEMS ENGINEERING 33,429 26,529
     Excess overhead [–6,900]
132 0604501N ADVANCED ABOVE WATER SENSORS 35,635 35,635
133 0604503N SSN–688 AND TRIDENT MODERNIZATION 126,932 126,932
134 0604504N AIR CONTROL 62,448 62,448
135 0604512N SHIPBOARD AVIATION SYSTEMS 9,710 9,710
136 0604518N COMBAT INFORMATION CENTER CONVERSION 19,303 19,303
137 0604522N AIR AND MISSILE DEFENSE RADAR (AMDR) SYSTEM 27,059 27,059
138 0604530N ADVANCED ARRESTING GEAR (AAG) 184,106 184,106
139 0604558N NEW DESIGN SSN 148,233 126,833
     Excess cost growth [–21,400]
140 0604562N SUBMARINE TACTICAL WARFARE SYSTEM 60,824 60,824
141 0604567N SHIP CONTRACT DESIGN/ LIVE FIRE T&E 60,062 60,062
142 0604574N NAVY TACTICAL COMPUTER RESOURCES 4,642 4,642
144 0604601N MINE DEVELOPMENT 25,756 25,756
145 0604610N LIGHTWEIGHT TORPEDO DEVELOPMENT 95,147 95,147
146 0604654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT 7,107 7,107
147 0604703N PERSONNEL, TRAINING, SIMULATION, AND HUMAN FACTORS 6,539 6,539
148 0604727N JOINT STANDOFF WEAPON SYSTEMS 441 441
149 0604755N SHIP SELF DEFENSE (DETECT & CONTROL) 180,391 180,391
150 0604756N SHIP SELF DEFENSE (ENGAGE: HARD KILL) 178,538 178,538
151 0604757N SHIP SELF DEFENSE (ENGAGE: SOFT KILL/EW) 120,507 120,507
152 0604761N INTELLIGENCE ENGINEERING 29,715 29,715
153 0604771N MEDICAL DEVELOPMENT 8,095 8,095
154 0604777N NAVIGATION/ID SYSTEM 121,026 121,026
155 0604800M JOINT STRIKE FIGHTER (JSF)—EMD 66,566 66,566
156 0604800N JOINT STRIKE FIGHTER (JSF)—EMD 65,494 65,494
159 0605013M INFORMATION TECHNOLOGY DEVELOPMENT 14,005 14,005
160 0605013N INFORMATION TECHNOLOGY DEVELOPMENT 268,567 268,567
161 0605024N ANTI-TAMPER TECHNOLOGY SUPPORT 5,618 5,618
162 0605212M CH–53K RDTE 326,945 326,945
164 0605215N MISSION PLANNING 32,714 32,714
165 0605217N COMMON AVIONICS 51,486 51,486
166 0605220N SHIP TO SHORE CONNECTOR (SSC) 1,444 1,444
167 0605327N T-AO 205 CLASS 1,298 1,298
168 0605414N UNMANNED CARRIER AVIATION (UCA) 718,942 602,042
     Insufficient Air Vehicle budget justification [–116,900]
169 0605450M JOINT AIR-TO-GROUND MISSILE (JAGM) 6,759 11,759
     JAGM-F for USN and USMC [5,000]
171 0605500N MULTI-MISSION MARITIME AIRCRAFT (MMA) 37,296 37,296
172 0605504N MULTI-MISSION MARITIME (MMA) INCREMENT III 160,389 160,389
173 0605611M MARINE CORPS ASSAULT VEHICLES SYSTEM DEVELOPMENT & DEMONSTRATION 98,223 98,223
174 0605813M JOINT LIGHT TACTICAL VEHICLE (JLTV) SYSTEM DEVELOPMENT & DEMONSTRATION 2,260 2,260
175 0204202N DDG–1000 161,264 161,264
180 0304785N TACTICAL CRYPTOLOGIC SYSTEMS 44,098 44,098
182 0306250M CYBER OPERATIONS TECHNOLOGY DEVELOPMENT 6,808 6,808
   SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION 6,042,480 5,921,880
MANAGEMENT SUPPORT
183 0604256N THREAT SIMULATOR DEVELOPMENT 94,576 94,576
184 0604258N TARGET SYSTEMS DEVELOPMENT 10,981 10,981
185 0604759N MAJOR T&E INVESTMENT 77,014 83,014
     Program increase [6,000]
186 0605126N JOINT THEATER AIR AND MISSILE DEFENSE ORGANIZATION 48 48
187 0605152N STUDIES AND ANALYSIS SUPPORT—NAVY 3,942 3,942
188 0605154N CENTER FOR NAVAL ANALYSES 48,797 48,797
189 0605285N NEXT GENERATION FIGHTER 5,000 5,000
191 0605804N TECHNICAL INFORMATION SERVICES 1,029 1,029
192 0605853N MANAGEMENT, TECHNICAL & INTERNATIONAL SUPPORT 87,565 87,565
193 0605856N STRATEGIC TECHNICAL SUPPORT 4,231 4,231
194 0605861N RDT&E SCIENCE AND TECHNOLOGY MANAGEMENT 1,072 1,072
195 0605863N RDT&E SHIP AND AIRCRAFT SUPPORT 97,471 97,471
196 0605864N TEST AND EVALUATION SUPPORT 373,834 373,834
197 0605865N OPERATIONAL TEST AND EVALUATION CAPABILITY 21,554 21,554
198 0605866N NAVY SPACE AND ELECTRONIC WARFARE (SEW) SUPPORT 16,227 16,227
200 0605873M MARINE CORPS PROGRAM WIDE SUPPORT 24,303 24,303
201 0605898N MANAGEMENT HQ—R&D 43,262 43,262
202 0606355N WARFARE INNOVATION MANAGEMENT 41,918 41,918
203 0606942M ASSESSMENTS AND EVALUATIONS CYBER VULNERABILITIES 7,000 7,000
204 0606942N ASSESSMENTS AND EVALUATIONS CYBER VULNERABILITIES 48,800 48,800
205 0305327N INSIDER THREAT 1,682 1,682
206 0902498N MANAGEMENT HEADQUARTERS (DEPARTMENTAL SUPPORT ACTIVITIES) 1,579 1,579
208 1206867N SEW SURVEILLANCE/RECONNAISSANCE SUPPORT 8,684 8,684
   SUBTOTAL MANAGEMENT SUPPORT 1,020,569 1,026,569
OPERATIONAL SYSTEMS DEVELOPMENT
210 0604227N HARPOON MODIFICATIONS 5,426 5,426
211 0604840M F–35 C2D2 259,122 259,122
212 0604840N F–35 C2D2 252,360 252,360
213 0607658N COOPERATIVE ENGAGEMENT CAPABILITY (CEC) 130,515 119,315
     Excess cost growth [–11,200]
214 0607700N DEPLOYABLE JOINT COMMAND AND CONTROL 3,127 3,127
215 0101221N STRATEGIC SUB & WEAPONS SYSTEM SUPPORT 157,679 166,679
     Project 2228, technical applications, systems engineering modeling and simulation capability and tool development [9,000]
216 0101224N SSBN SECURITY TECHNOLOGY PROGRAM 43,198 39,198
     Excess program growth [–4,000]
217 0101226N SUBMARINE ACOUSTIC WARFARE DEVELOPMENT 11,311 11,311
218 0101402N NAVY STRATEGIC COMMUNICATIONS 39,313 39,313
219 0204136N F/A–18 SQUADRONS 193,086 200,586
     Engine noise reduction engineering [2,500]
     JAGM-F for USN and USMC [5,000]
220 0204163N FLEET TELECOMMUNICATIONS (TACTICAL) 25,014 25,014
221 0204228N SURFACE SUPPORT 11,661 11,661
222 0204229N TOMAHAWK AND TOMAHAWK MISSION PLANNING CENTER (TMPC) 282,395 282,395
223 0204311N INTEGRATED SURVEILLANCE SYSTEM 36,959 36,959
224 0204313N SHIP-TOWED ARRAY SURVEILLANCE SYSTEMS 15,454 15,454
225 0204413N AMPHIBIOUS TACTICAL SUPPORT UNITS (DISPLACEMENT CRAFT) 6,073 6,073
226 0204460M GROUND/AIR TASK ORIENTED RADAR (G/ATOR) 45,029 45,029
227 0204571N CONSOLIDATED TRAINING SYSTEMS DEVELOPMENT 104,903 104,903
228 0204574N CRYPTOLOGIC DIRECT SUPPORT 4,544 4,544
229 0204575N ELECTRONIC WARFARE (EW) READINESS SUPPORT 66,889 66,889
230 0205601N HARM IMPROVEMENT 120,762 120,762
231 0205604N TACTICAL DATA LINKS 104,696 104,696
232 0205620N SURFACE ASW COMBAT SYSTEM INTEGRATION 28,421 28,421
233 0205632N MK–48 ADCAP 94,155 68,555
     Excessive TI–1 cost growth [–25,600]
234 0205633N AVIATION IMPROVEMENTS 121,805 136,805
     Navy UFR: F/A–18E/F Super Hornet engine enhancements [15,000]
235 0205675N OPERATIONAL NUCLEAR POWER SYSTEMS 117,028 117,028
236 0206313M MARINE CORPS COMMUNICATIONS SYSTEMS 174,779 174,779
237 0206335M COMMON AVIATION COMMAND AND CONTROL SYSTEM (CAC2S) 4,826 4,826
238 0206623M MARINE CORPS GROUND COMBAT/SUPPORTING ARMS SYSTEMS 97,152 97,152
239 0206624M MARINE CORPS COMBAT SERVICES SUPPORT 30,156 30,156
240 0206625M USMC INTELLIGENCE/ELECTRONIC WARFARE SYSTEMS (MIP) 39,976 39,976
241 0206629M AMPHIBIOUS ASSAULT VEHICLE 22,637 22,637
242 0207161N TACTICAL AIM MISSILES 40,121 40,121
243 0207163N ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE (AMRAAM) 32,473 32,473
249 0303138N CONSOLIDATED AFLOAT NETWORK ENTERPRISE SERVICES (CANES) 23,697 23,697
250 0303140N INFORMATION SYSTEMS SECURITY PROGRAM 44,228 44,228
252 0305192N MILITARY INTELLIGENCE PROGRAM (MIP) ACTIVITIES 6,081 6,081
253 0305204N TACTICAL UNMANNED AERIAL VEHICLES 8,529 8,529
254 0305205N UAS INTEGRATION AND INTEROPERABILITY 41,212 41,212
255 0305208M DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 7,687 7,687
256 0305208N DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 42,846 42,846
257 0305220N MQ–4C TRITON 14,395 14,395
258 0305231N MQ–8 UAV 9,843 9,843
259 0305232M RQ–11 UAV 524 524
260 0305234N SMALL (LEVEL 0) TACTICAL UAS (STUASL0) 5,360 5,360
261 0305239M RQ–21A 10,914 10,914
262 0305241N MULTI-INTELLIGENCE SENSOR DEVELOPMENT 81,231 81,231
263 0305242M UNMANNED AERIAL SYSTEMS (UAS) PAYLOADS (MIP) 5,956 5,956
264 0305421N RQ–4 MODERNIZATION 219,894 216,894
     Program decrease [–3,000]
265 0308601N MODELING AND SIMULATION SUPPORT 7,097 7,097
266 0702207N DEPOT MAINTENANCE (NON-IF) 36,560 36,560
267 0708730N MARITIME TECHNOLOGY (MARITECH) 7,284 7,284
268 1203109N SATELLITE COMMUNICATIONS (SPACE) 39,174 39,174
268A 9999999999 CLASSIFIED PROGRAMS 1,549,503 1,549,503
   SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT 4,885,060 4,872,760
       TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY 18,481,666 18,387,116
RESEARCH, DEVELOPMENT, TEST & EVAL, AF
BASIC RESEARCH
001 0601102F DEFENSE RESEARCH SCIENCES 348,322 348,322
002 0601103F UNIVERSITY RESEARCH INITIATIVES 154,991 154,991
003 0601108F HIGH ENERGY LASER RESEARCH INITIATIVES 14,506 14,506
   SUBTOTAL BASIC RESEARCH 517,819 517,819
APPLIED RESEARCH
004 0602102F MATERIALS 125,373 144,373
     Additional facility engineering research and development [3,000]
     Structural Biology Techniques [3,000]
     Sub-atomic particle research [3,000]
     Thermal protecting systems for hypersonics [10,000]
005 0602201F AEROSPACE VEHICLE TECHNOLOGIES 130,547 140,547
     Hypersonic vehicle structures [10,000]
006 0602202F HUMAN EFFECTIVENESS APPLIED RESEARCH 112,518 112,518
007 0602203F AEROSPACE PROPULSION 190,919 195,919
     Program increase [5,000]
008 0602204F AEROSPACE SENSORS 166,534 166,534
009 0602298F SCIENCE AND TECHNOLOGY MANAGEMENT— MAJOR HEADQUARTERS ACTIVITIES 8,288 8,288
011 0602602F CONVENTIONAL MUNITIONS 112,841 112,841
012 0602605F DIRECTED ENERGY TECHNOLOGY 141,898 141,898
013 0602788F DOMINANT INFORMATION SCIENCES AND METHODS 162,420 172,420
     Enhance and accelerate Air Force artificial intelligence research [10,000]
014 0602890F HIGH ENERGY LASER RESEARCH 43,359 43,359
015 1206601F SPACE TECHNOLOGY 117,645 117,645
   SUBTOTAL APPLIED RESEARCH 1,312,342 1,356,342
ADVANCED TECHNOLOGY DEVELOPMENT
016 0603112F ADVANCED MATERIALS FOR WEAPON SYSTEMS 34,426 44,426
     Metals Affordability Initiative [10,000]
017 0603199F SUSTAINMENT SCIENCE AND TECHNOLOGY (S&T) 15,150 20,150
     Air Force artificial intelligence research and non-operational support activities [5,000]
018 0603203F ADVANCED AEROSPACE SENSORS 39,968 39,968
019 0603211F AEROSPACE TECHNOLOGY DEV/DEMO 121,002 121,002
020 0603216F AEROSPACE PROPULSION AND POWER TECHNOLOGY 115,462 125,462
     Laser power system enhancement [10,000]
021 0603270F ELECTRONIC COMBAT TECHNOLOGY 55,319 55,319
022 0603401F ADVANCED SPACECRAFT TECHNOLOGY 54,895 54,895
023 0603444F MAUI SPACE SURVEILLANCE SYSTEM (MSSS) 10,674 10,674
024 0603456F HUMAN EFFECTIVENESS ADVANCED TECHNOLOGY DEVELOPMENT 36,463 46,463
     Autonomous life support system development [10,000]
025 0603601F CONVENTIONAL WEAPONS TECHNOLOGY 194,981 194,981
026 0603605F ADVANCED WEAPONS TECHNOLOGY 43,368 43,368
027 0603680F MANUFACTURING TECHNOLOGY PROGRAM 42,025 47,025
     Academic and industrial partnerships for aerospace materials [5,000]
028 0603788F BATTLESPACE KNOWLEDGE DEVELOPMENT AND DEMONSTRATION 51,064 64,364
     Additional facility engineering research and development [8,300]
     Enhance and accelerate Air Force artificial intelligence research [5,000]
   SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT 814,797 868,097
ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES
030 0603260F INTELLIGENCE ADVANCED DEVELOPMENT 5,568 5,568
032 0603742F COMBAT IDENTIFICATION TECHNOLOGY 18,194 18,194
033 0603790F NATO RESEARCH AND DEVELOPMENT 2,305 2,305
035 0603851F INTERCONTINENTAL BALLISTIC MISSILE—DEM/VAL 41,856 41,856
037 0604015F LONG RANGE STRIKE—BOMBER 2,314,196 2,314,196
038 0604201F INTEGRATED AVIONICS PLANNING AND DEVELOPMENT 14,894 14,894
039 0604257F ADVANCED TECHNOLOGY AND SENSORS 34,585 34,585
040 0604288F NATIONAL AIRBORNE OPS CENTER (NAOC) RECAP 9,740 9,740
041 0604317F TECHNOLOGY TRANSFER 12,960 12,960
042 0604327F HARD AND DEEPLY BURIED TARGET DEFEAT SYSTEM (HDBTDS) PROGRAM 71,501 71,501
043 0604414F CYBER RESILIENCY OF WEAPON SYSTEMS-ACS 62,618 62,618
046 0604776F DEPLOYMENT & DISTRIBUTION ENTERPRISE R&D 28,350 28,350
048 0604858F TECH TRANSITION PROGRAM 1,186,075 1,201,075
     Competitively Awarded Transition Programs [5,000]
     Non-engine development technology [10,000]
049 0605230F GROUND BASED STRATEGIC DETERRENT 345,041 414,441
     Accelerated execution of program [69,400]
050 0207110F NEXT GENERATION AIR DOMINANCE 503,997 413,997
     Ahead of need [–90,000]
051 0207455F THREE DIMENSIONAL LONG-RANGE RADAR (3DELRR) 40,326 40,326
052 0208099F UNIFIED PLATFORM (UP) 29,800 29,800
054 0305236F COMMON DATA LINK EXECUTIVE AGENT (CDL EA) 41,880 41,880
055 0305601F MISSION PARTNER ENVIRONMENTS 10,074 10,074
056 0306250F CYBER OPERATIONS TECHNOLOGY DEVELOPMENT 253,825 253,825
057 0306415F ENABLED CYBER ACTIVITIES 16,325 16,325
059 0901410F CONTRACTING INFORMATION TECHNOLOGY SYSTEM 17,577 17,577
060 1203164F NAVSTAR GLOBAL POSITIONING SYSTEM (USER EQUIPMENT) (SPACE) 286,629 286,629
061 1203710F EO/IR WEATHER SYSTEMS 7,940 7,940
062 1206422F WEATHER SYSTEM FOLLOW-ON 138,052 148,052
     Commercial weather data pilot [10,000]
063 1206425F SPACE SITUATION AWARENESS SYSTEMS 39,338 39,338
064 1206434F MIDTERM POLAR MILSATCOM SYSTEM 383,113 383,113
065 1206438F SPACE CONTROL TECHNOLOGY 91,018 106,018
     NTS–3 Payload [15,000]
066 1206730F SPACE SECURITY AND DEFENSE PROGRAM 45,542 49,542
     Allied launch services [4,000]
067 1206760F PROTECTED TACTICAL ENTERPRISE SERVICE (PTES) 51,419 51,419
068 1206761F PROTECTED TACTICAL SERVICE (PTS) 29,776 29,776
069 1206855F PROTECTED SATCOM SERVICES (PSCS)—AGGREGATED 29,379 29,379
070 1206857F OPERATIONALLY RESPONSIVE SPACE 366,050 247,050
     Space RCO Advanced Solar Power—early to need [–119,000]
   SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 6,529,943 6,434,343
SYSTEM DEVELOPMENT & DEMONSTRATION
071 0604200F FUTURE ADVANCED WEAPON ANALYSIS & PROGRAMS 39,602 39,602
072 0604201F INTEGRATED AVIONICS PLANNING AND DEVELOPMENT 58,531 58,531
073 0604222F NUCLEAR WEAPONS SUPPORT 4,468 4,468
074 0604270F ELECTRONIC WARFARE DEVELOPMENT 1,909 1,909
075 0604281F TACTICAL DATA NETWORKS ENTERPRISE 207,746 207,746
076 0604287F PHYSICAL SECURITY EQUIPMENT 14,421 14,421
077 0604329F SMALL DIAMETER BOMB (SDB)—EMD 73,158 93,158
     SDB II cost reduction initiatives [20,000]
081 0604429F AIRBORNE ELECTRONIC ATTACK 7,153 7,153
083 0604602F ARMAMENT/ORDNANCE DEVELOPMENT 58,590 58,590
084 0604604F SUBMUNITIONS 2,990 2,990
085 0604617F AGILE COMBAT SUPPORT 20,028 20,028
086 0604618F JOINT DIRECT ATTACK MUNITION 15,787 15,787
087 0604706F LIFE SUPPORT SYSTEMS 8,919 8,919
088 0604735F COMBAT TRAINING RANGES 35,895 62,895
     Advanced threat radar system [27,000]
089 0604800F F–35—EMD 69,001 69,001
091 0604932F LONG RANGE STANDOFF WEAPON 614,920 699,920
     Accelerated execution of program [85,000]
092 0604933F ICBM FUZE MODERNIZATION 172,902 172,902
097 0605221F KC–46 88,170 88,170
098 0605223F ADVANCED PILOT TRAINING 265,465 265,465
099 0605229F COMBAT RESCUE HELICOPTER 457,652 457,652
105 0605830F ACQ WORKFORCE- GLOBAL BATTLE MGMT 3,617 3,617
106 0605931F B–2 DEFENSIVE MANAGEMENT SYSTEM 261,758 261,758
107 0101125F NUCLEAR WEAPONS MODERNIZATION 91,907 91,907
108 0207171F F–15 EPAWSS 137,095 137,095
109 0207328F STAND IN ATTACK WEAPON 43,175 43,175
110 0207423F ADVANCED COMMUNICATIONS SYSTEMS 14,888 14,888
111 0207701F FULL COMBAT MISSION TRAINING 1,015 1,015
115 0307581F JSTARS RECAP 623,000
     JSTARS recap EMD execution [623,000]
116 0401310F C–32 EXECUTIVE TRANSPORT RECAPITALIZATION 7,943 7,943
117 0401319F PRESIDENTIAL AIRCRAFT RECAPITALIZATION (PAR) 673,032 673,032
118 0701212F AUTOMATED TEST SYSTEMS 13,653 13,653
119 1203176F COMBAT SURVIVOR EVADER LOCATOR 939 939
120 1203269F GPS IIIC 451,889 451,889
121 1203940F SPACE SITUATION AWARENESS OPERATIONS 46,668 46,668
122 1206421F COUNTERSPACE SYSTEMS 20,676 20,676
123 1206425F SPACE SITUATION AWARENESS SYSTEMS 134,463 134,463
124 1206426F SPACE FENCE 20,215 20,215
125 1206431F ADVANCED EHF MILSATCOM (SPACE) 151,506 151,506
126 1206432F POLAR MILSATCOM (SPACE) 27,337 27,337
127 1206433F WIDEBAND GLOBAL SATCOM (SPACE) 3,970 3,970
128 1206441F SPACE BASED INFRARED SYSTEM (SBIRS) HIGH EMD 60,565 60,565
129 1206442F EVOLVED SBIRS 643,126 643,126
130 1206853F EVOLVED EXPENDABLE LAUNCH VEHICLE PROGRAM (SPACE)—EMD 245,447 245,447
   SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION 5,272,191 6,027,191
MANAGEMENT SUPPORT
131 0604256F THREAT SIMULATOR DEVELOPMENT 34,256 34,256
132 0604759F MAJOR T&E INVESTMENT 91,844 91,844
133 0605101F RAND PROJECT AIR FORCE 34,614 34,614
135 0605712F INITIAL OPERATIONAL TEST & EVALUATION 18,043 18,043
136 0605807F TEST AND EVALUATION SUPPORT 692,784 724,684
     Test range modernization [31,900]
137 0605826F ACQ WORKFORCE- GLOBAL POWER 233,924 233,924
138 0605827F ACQ WORKFORCE- GLOBAL VIG & COMBAT SYS 263,488 263,488
139 0605828F ACQ WORKFORCE- GLOBAL REACH 153,591 153,591
140 0605829F ACQ WORKFORCE- CYBER, NETWORK, & BUS SYS 232,315 232,315
141 0605830F ACQ WORKFORCE- GLOBAL BATTLE MGMT 169,868 169,868
142 0605831F ACQ WORKFORCE- CAPABILITY INTEGRATION 226,219 226,219
143 0605832F ACQ WORKFORCE- ADVANCED PRGM TECHNOLOGY 38,400 38,400
144 0605833F ACQ WORKFORCE- NUCLEAR SYSTEMS 125,761 125,761
147 0605898F MANAGEMENT HQ—R&D 10,642 10,642
148 0605976F FACILITIES RESTORATION AND MODERNIZATION—TEST AND EVALUATION SUPPORT 162,216 162,216
149 0605978F FACILITIES SUSTAINMENT—TEST AND EVALUATION SUPPORT 28,888 28,888
150 0606017F REQUIREMENTS ANALYSIS AND MATURATION 35,285 35,285
153 0308602F ENTEPRISE INFORMATION SERVICES (EIS) 20,545 20,545
154 0702806F ACQUISITION AND MANAGEMENT SUPPORT 12,367 12,367
155 0804731F GENERAL SKILL TRAINING 1,448 1,448
157 1001004F INTERNATIONAL ACTIVITIES 3,998 3,998
158 1206116F SPACE TEST AND TRAINING RANGE DEVELOPMENT 23,254 23,254
159 1206392F SPACE AND MISSILE CENTER (SMC) CIVILIAN WORKFORCE 169,912 169,912
160 1206398F SPACE & MISSILE SYSTEMS CENTER—MHA 10,508 10,508
161 1206860F ROCKET SYSTEMS LAUNCH PROGRAM (SPACE) 19,721 29,721
     Rocket systems launch program [10,000]
162 1206864F SPACE TEST PROGRAM (STP) 25,620 75,620
     Blackjack project [50,000]
   SUBTOTAL MANAGEMENT SUPPORT 2,839,511 2,931,411
OPERATIONAL SYSTEMS DEVELOPMENT
165 0604233F SPECIALIZED UNDERGRADUATE FLIGHT TRAINING 11,344 11,344
167 0605018F AF INTEGRATED PERSONNEL AND PAY SYSTEM (AF-IPPS) 47,287 47,287
168 0605024F ANTI-TAMPER TECHNOLOGY EXECUTIVE AGENCY 32,770 32,770
169 0605117F FOREIGN MATERIEL ACQUISITION AND EXPLOITATION 68,368 68,368
170 0605278F HC/MC–130 RECAP RDT&E 32,574 32,574
171 0606018F NC3 INTEGRATION 26,112 26,112
172 0606942F ASSESSMENTS AND EVALUATIONS CYBER VULNERABILITIES 99,100 99,100
173 0101113F B–52 SQUADRONS 280,414 295,114
     Technical adjustment [14,700]
174 0101122F AIR-LAUNCHED CRUISE MISSILE (ALCM) 5,955 5,955
175 0101126F B–1B SQUADRONS 76,030 76,030
176 0101127F B–2 SQUADRONS 105,561 105,561
177 0101213F MINUTEMAN SQUADRONS 156,047 156,047
179 0101316F WORLDWIDE JOINT STRATEGIC COMMUNICATIONS 10,442 10,442
180 0101324F INTEGRATED STRATEGIC PLANNING & ANALYSIS NETWORK 22,833 22,833
181 0101328F ICBM REENTRY VEHICLES 18,412 18,412
183 0102110F UH–1N REPLACEMENT PROGRAM 288,022 288,022
184 0102326F REGION/SECTOR OPERATION CONTROL CENTER MODERNIZATION PROGRAM 9,252 9,252
186 0205219F MQ–9 UAV 115,345 115,345
188 0207131F A–10 SQUADRONS 26,738 26,738
189 0207133F F–16 SQUADRONS 191,564 191,564
190 0207134F F–15E SQUADRONS 192,883 242,883
     ALQ–128 EW suite for ANG units [50,000]
191 0207136F MANNED DESTRUCTIVE SUPPRESSION 15,238 15,238
192 0207138F F–22A SQUADRONS 603,553 583,853
     Program reduction [–19,700]
193 0207142F F–35 SQUADRONS 549,501 549,501
194 0207161F TACTICAL AIM MISSILES 37,230 37,230
195 0207163F ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE (AMRAAM) 61,393 61,393
196 0207227F COMBAT RESCUE—PARARESCUE 647 647
198 0207249F PRECISION ATTACK SYSTEMS PROCUREMENT 14,891 14,891
199 0207253F COMPASS CALL 13,901 13,901
200 0207268F AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM 121,203 121,203
202 0207325F JOINT AIR-TO-SURFACE STANDOFF MISSILE (JASSM) 60,062 60,062
203 0207410F AIR & SPACE OPERATIONS CENTER (AOC) 106,102 79,602
     Unjustified request [–26,500]
204 0207412F CONTROL AND REPORTING CENTER (CRC) 6,413 6,413
205 0207417F AIRBORNE WARNING AND CONTROL SYSTEM (AWACS) 120,664 78,864
     Program reduction [–5,800]
     Radar controller program delay [–36,000]
206 0207418F TACTICAL AIRBORNE CONTROL SYSTEMS 2,659 2,659
208 0207431F COMBAT AIR INTELLIGENCE SYSTEM ACTIVITIES 10,316 10,316
209 0207444F TACTICAL AIR CONTROL PARTY-MOD 6,149 6,149
210 0207448F C2ISR TACTICAL DATA LINK 1,738 1,738
211 0207452F DCAPES 13,297 13,297
212 0207573F NATIONAL TECHNICAL NUCLEAR FORENSICS 1,788 1,788
213 0207581F JOINT SURVEILLANCE/TARGET ATTACK RADAR SYSTEM (JSTARS) 14,888 14,888
214 0207590F SEEK EAGLE 24,699 24,699
215 0207601F USAF MODELING AND SIMULATION 17,078 17,078
216 0207605F WARGAMING AND SIMULATION CENTERS 6,141 6,141
218 0207697F DISTRIBUTED TRAINING AND EXERCISES 4,225 4,225
219 0208006F MISSION PLANNING SYSTEMS 63,653 63,653
220 0208007F TACTICAL DECEPTION 6,949 6,949
221 0208087F AF OFFENSIVE CYBERSPACE OPERATIONS 40,526 40,526
222 0208088F AF DEFENSIVE CYBERSPACE OPERATIONS 24,166 24,166
223 0208097F JOINT CYBER COMMAND AND CONTROL (JCC2) 13,000 13,000
224 0208099F UNIFIED PLATFORM (UP) 28,759 28,759
229 0301017F GLOBAL SENSOR INTEGRATED ON NETWORK (GSIN) 3,579 3,579
230 0301112F NUCLEAR PLANNING AND EXECUTION SYSTEM (NPES) 29,620 29,620
237 0301401F AIR FORCE SPACE AND CYBER NON-TRADITIONAL ISR FOR BATTLESPACE AWARENESS 6,633 6,633
238 0302015F E–4B NATIONAL AIRBORNE OPERATIONS CENTER (NAOC) 57,758 57,758
240 0303131F MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN) 99,088 99,088
241 0303133F HIGH FREQUENCY RADIO SYSTEMS 51,612 51,612
242 0303140F INFORMATION SYSTEMS SECURITY PROGRAM 34,612 34,612
244 0303142F GLOBAL FORCE MANAGEMENT—DATA INITIATIVE 2,170 2,170
246 0304260F AIRBORNE SIGINT ENTERPRISE 106,873 109,873
     SIGINT single-pod development [3,000]
247 0304310F COMMERCIAL ECONOMIC ANALYSIS 3,472 3,472
250 0305015F C2 AIR OPERATIONS SUITE—C2 INFO SERVICES 8,608 8,608
251 0305020F CCMD INTELLIGENCE INFORMATION TECHNOLOGY 1,586 1,586
252 0305099F GLOBAL AIR TRAFFIC MANAGEMENT (GATM) 4,492 4,492
254 0305111F WEATHER SERVICE 26,942 26,942
255 0305114F AIR TRAFFIC CONTROL, APPROACH, AND LANDING SYSTEM (ATCALS) 6,271 8,771
     Augmentation of air surveillance and early warning radar systems [2,500]
256 0305116F AERIAL TARGETS 8,383 8,383
259 0305128F SECURITY AND INVESTIGATIVE ACTIVITIES 418 418
261 0305146F DEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES 3,845 3,845
268 0305202F DRAGON U–2 48,518 65,518
     EO/IR sensor upgrades [17,000]
270 0305206F AIRBORNE RECONNAISSANCE SYSTEMS 175,334 175,334
     Gorgon Stare [10,800]
     Program reduction [–10,800]
271 0305207F MANNED RECONNAISSANCE SYSTEMS 14,223 14,223
272 0305208F DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 24,554 24,554
273 0305220F RQ–4 UAV 221,690 211,890
     RQ–4 infrastructure unjustified request [–9,800]
274 0305221F NETWORK-CENTRIC COLLABORATIVE TARGETING 14,288 14,288
275 0305238F NATO AGS 51,527 51,527
276 0305240F SUPPORT TO DCGS ENTERPRISE 26,579 26,579
278 0305600F INTERNATIONAL INTELLIGENCE TECHNOLOGY AND ARCHITECTURES 8,464 8,464
280 0305881F RAPID CYBER ACQUISITION 4,303 4,303
284 0305984F PERSONNEL RECOVERY COMMAND & CTRL (PRC2) 2,466 2,466
285 0307577F INTELLIGENCE MISSION DATA (IMD) 4,117 4,117
287 0401115F C–130 AIRLIFT SQUADRON 105,988 105,988
288 0401119F C–5 AIRLIFT SQUADRONS (IF) 25,071 25,071
289 0401130F C–17 AIRCRAFT (IF) 48,299 48,299
290 0401132F C–130J PROGRAM 15,409 15,409
291 0401134F LARGE AIRCRAFT IR COUNTERMEASURES (LAIRCM) 4,334 4,334
292 0401218F KC–135S 3,493 3,493
293 0401219F KC–10S 6,569 6,569
294 0401314F OPERATIONAL SUPPORT AIRLIFT 3,172 3,172
295 0401318F CV–22 18,502 18,502
296 0401840F AMC COMMAND AND CONTROL SYSTEM 1,688 1,688
297 0408011F SPECIAL TACTICS / COMBAT CONTROL 2,541 2,541
298 0702207F DEPOT MAINTENANCE (NON-IF) 1,897 1,897
299 0708055F MAINTENANCE, REPAIR & OVERHAUL SYSTEM 50,933 50,933
300 0708610F LOGISTICS INFORMATION TECHNOLOGY (LOGIT) 13,787 13,787
301 0708611F SUPPORT SYSTEMS DEVELOPMENT 4,497 4,497
302 0804743F OTHER FLIGHT TRAINING 2,022 2,022
303 0808716F OTHER PERSONNEL ACTIVITIES 108 108
304 0901202F JOINT PERSONNEL RECOVERY AGENCY 2,023 2,023
305 0901218F CIVILIAN COMPENSATION PROGRAM 3,772 3,772
306 0901220F PERSONNEL ADMINISTRATION 6,358 6,358
307 0901226F AIR FORCE STUDIES AND ANALYSIS AGENCY 1,418 1,418
308 0901538F FINANCIAL MANAGEMENT INFORMATION SYSTEMS DEVELOPMENT 99,734 99,734
309 1201921F SERVICE SUPPORT TO STRATCOM—SPACE ACTIVITIES 14,161 14,161
310 1202247F AF TENCAP 26,986 26,986
311 1203001F FAMILY OF ADVANCED BLOS TERMINALS (FAB-T) 80,168 80,168
312 1203110F SATELLITE CONTROL NETWORK (SPACE) 17,808 17,808
314 1203165F NAVSTAR GLOBAL POSITIONING SYSTEM (SPACE AND CONTROL SEGMENTS) 8,937 8,937
315 1203173F SPACE AND MISSILE TEST AND EVALUATION CENTER 59,935 59,935
316 1203174F SPACE INNOVATION, INTEGRATION AND RAPID TECHNOLOGY DEVELOPMENT 21,019 21,019
317 1203179F INTEGRATED BROADCAST SERVICE (IBS) 8,568 8,568
318 1203182F SPACELIFT RANGE SYSTEM (SPACE) 10,641 10,641
319 1203265F GPS III SPACE SEGMENT 144,543 144,543
320 1203400F SPACE SUPERIORITY INTELLIGENCE 16,278 16,278
321 1203614F JSPOC MISSION SYSTEM 72,256 72,256
322 1203620F NATIONAL SPACE DEFENSE CENTER 42,209 42,209
325 1203913F NUDET DETECTION SYSTEM (SPACE) 19,778 19,778
326 1203940F SPACE SITUATION AWARENESS OPERATIONS 19,572 19,572
327 1206423F GLOBAL POSITIONING SYSTEM III—OPERATIONAL CONTROL SEGMENT 513,235 513,235
327A 9999999999 CLASSIFIED PROGRAMS 16,534,124 16,390,224
     Classifed adjustment [–40,000]
     Forward financed in the FY18 Omnibus [–89,900]
     PDSA staff reduction [–14,000]
   SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT 22,891,740 22,737,240
       TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, AF 40,178,343 40,872,443
RESEARCH, DEVELOPMENT, TEST & EVAL, DW
BASIC RESEARCH
001 0601000BR DTRA BASIC RESEARCH 37,023 37,023
002 0601101E DEFENSE RESEARCH SCIENCES 422,130 416,130
     Program decrease [–6,000]
003 0601110D8Z BASIC RESEARCH INITIATIVES 42,702 42,702
004 0601117E BASIC OPERATIONAL MEDICAL RESEARCH SCIENCE 47,825 47,825
005 0601120D8Z NATIONAL DEFENSE EDUCATION PROGRAM 85,919 85,919
006 0601228D8Z HISTORICALLY BLACK COLLEGES AND UNIVERSITIES/MINORITY INSTITUTIONS 30,412 40,412
     Program increase [10,000]
007 0601384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM 42,103 42,103
   SUBTOTAL BASIC RESEARCH 708,114 712,114
APPLIED RESEARCH
008 0602000D8Z JOINT MUNITIONS TECHNOLOGY 19,170 19,170
009 0602115E BIOMEDICAL TECHNOLOGY 101,300 101,300
011 0602234D8Z LINCOLN LABORATORY RESEARCH PROGRAM 51,596 51,596
012 0602251D8Z APPLIED RESEARCH FOR THE ADVANCEMENT OF S&T PRIORITIES 60,688 60,688
013 0602303E INFORMATION & COMMUNICATIONS TECHNOLOGY 395,317 395,317
014 0602383E BIOLOGICAL WARFARE DEFENSE 38,640 38,640
015 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM 192,674 192,674
016 0602668D8Z CYBER SECURITY RESEARCH 14,969 14,969
017 0602702E TACTICAL TECHNOLOGY 335,466 335,466
018 0602715E MATERIALS AND BIOLOGICAL TECHNOLOGY 226,898 226,898
019 0602716E ELECTRONICS TECHNOLOGY 333,847 333,847
020 0602718BR COUNTER WEAPONS OF MASS DESTRUCTION APPLIED RESEARCH 161,151 161,151
021 0602751D8Z SOFTWARE ENGINEERING INSTITUTE (SEI) APPLIED RESEARCH 9,300 9,300
022 1160401BB SOF TECHNOLOGY DEVELOPMENT 35,921 35,921
   SUBTOTAL APPLIED RESEARCH 1,976,937 1,976,937
ADVANCED TECHNOLOGY DEVELOPMENT
023 0603000D8Z JOINT MUNITIONS ADVANCED TECHNOLOGY 25,598 25,598
024 0603122D8Z COMBATING TERRORISM TECHNOLOGY SUPPORT 125,271 125,271
025 0603133D8Z FOREIGN COMPARATIVE TESTING 24,532 24,532
027 0603160BR COUNTER WEAPONS OF MASS DESTRUCTION ADVANCED TECHNOLOGY DEVELOPMENT 299,858 299,858
028 0603176C ADVANCED CONCEPTS AND PERFORMANCE ASSESSMENT 13,017 13,017
029 0603178C WEAPONS TECHNOLOGY 10,000
     Accelerate hypersonic defense capability [10,000]
031 0603180C ADVANCED RESEARCH 20,365 40,365
     Accelerate hypersonic defense capability [20,000]
032 0603225D8Z JOINT DOD-DOE MUNITIONS TECHNOLOGY DEVELOPMENT 18,644 18,644
034 0603286E ADVANCED AEROSPACE SYSTEMS 277,603 277,603
035 0603287E SPACE PROGRAMS AND TECHNOLOGY 254,671 254,671
036 0603288D8Z ANALYTIC ASSESSMENTS 19,472 19,472
037 0603289D8Z ADVANCED INNOVATIVE ANALYSIS AND CONCEPTS 37,263 37,263
038 0603291D8Z ADVANCED INNOVATIVE ANALYSIS AND CONCEPTS—MHA 13,621 13,621
039 0603294C COMMON KILL VEHICLE TECHNOLOGY 189,753 100,753
     Early to need [–89,000]
040 0603342D8W DEFENSE INNOVATION UNIT EXPERIMENTAL (DIUX) 29,364 29,364
041 0603375D8Z TECHNOLOGY INNOVATION 83,143 83,143
042 0603384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—ADVANCED DEVELOPMENT 142,826 142,826
043 0603527D8Z RETRACT LARCH 161,128 161,128
044 0603618D8Z JOINT ELECTRONIC ADVANCED TECHNOLOGY 12,918 12,918
045 0603648D8Z JOINT CAPABILITY TECHNOLOGY DEMONSTRATIONS 106,049 106,049
046 0603662D8Z NETWORKED COMMUNICATIONS CAPABILITIES 12,696 12,696
047 0603680D8Z DEFENSE-WIDE MANUFACTURING SCIENCE AND TECHNOLOGY PROGRAM 114,637 114,637
048 0603680S MANUFACTURING TECHNOLOGY PROGRAM 49,667 49,667
049 0603699D8Z EMERGING CAPABILITIES TECHNOLOGY DEVELOPMENT 48,338 48,338
050 0603712S GENERIC LOGISTICS R&D TECHNOLOGY DEMONSTRATIONS 11,778 11,778
052 0603716D8Z STRATEGIC ENVIRONMENTAL RESEARCH PROGRAM 76,514 76,514
053 0603720S MICROELECTRONICS TECHNOLOGY DEVELOPMENT AND SUPPORT 168,931 168,931
054 0603727D8Z JOINT WARFIGHTING PROGRAM 5,992 5,992
055 0603739E ADVANCED ELECTRONICS TECHNOLOGIES 111,099 111,099
056 0603760E COMMAND, CONTROL AND COMMUNICATIONS SYSTEMS 185,984 185,984
057 0603766E NETWORK-CENTRIC WARFARE TECHNOLOGY 438,569 438,569
058 0603767E SENSOR TECHNOLOGY 190,128 190,128
059 0603769D8Z DISTRIBUTED LEARNING ADVANCED TECHNOLOGY DEVELOPMENT 13,564 13,564
060 0603781D8Z SOFTWARE ENGINEERING INSTITUTE 15,050 15,050
061 0603826D8Z QUICK REACTION SPECIAL PROJECTS 69,626 69,626
062 0603833D8Z ENGINEERING SCIENCE & TECHNOLOGY 19,415 19,415
063 0603924D8Z HIGH ENERGY LASER ADVANCED TECHNOLOGY PROGRAM 69,533 69,533
064 0603941D8Z TEST & EVALUATION SCIENCE & TECHNOLOGY 96,389 96,389
065 0604055D8Z OPERATIONAL ENERGY CAPABILITY IMPROVEMENT 40,582 40,582
066 0303310D8Z CWMD SYSTEMS 26,644 26,644
067 1160402BB SOF ADVANCED TECHNOLOGY DEVELOPMENT 79,380 79,380
   SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT 3,699,612 3,640,612
ADVANCED COMPONENT DEVELOPMENT AND PROTOTYPES
068 0603161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT&E ADC&P 28,140 28,140
069 0603600D8Z WALKOFF 92,222 92,222
070 0603821D8Z ACQUISITION ENTERPRISE DATA & INFORMATION SERVICES 2,506 2,506
071 0603851D8Z ENVIRONMENTAL SECURITY TECHNICAL CERTIFICATION PROGRAM 40,016 40,016
072 0603881C BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE SEGMENT 214,173 359,173
     Accelerate USFK JEON delivery [100,000]
     Address cyber threats [45,000]
073 0603882C BALLISTIC MISSILE DEFENSE MIDCOURSE DEFENSE SEGMENT 926,359 726,359
     Address cyber threats [8,000]
     Forward financed in the FY18 Omnibus [–208,000]
074 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—DEM/VAL 129,886 129,886
075 0603884C BALLISTIC MISSILE DEFENSE SENSORS 220,876 245,876
     Accelerate USFK JEON delivery [20,000]
     Address cyber threats [5,000]
076 0603890C BMD ENABLING PROGRAMS 540,926 540,926
077 0603891C SPECIAL PROGRAMS—MDA 422,348 422,348
078 0603892C AEGIS BMD 767,539 767,539
081 0603896C BALLISTIC MISSILE DEFENSE COMMAND AND CONTROL, BATTLE MANAGEMENT AND COMMUNICATI 475,168 483,168
     Address cyber threats [8,000]
082 0603898C BALLISTIC MISSILE DEFENSE JOINT WARFIGHTER SUPPORT 48,767 48,767
083 0603904C MISSILE DEFENSE INTEGRATION & OPERATIONS CENTER (MDIOC) 54,925 54,925
084 0603906C REGARDING TRENCH 16,916 16,916
085 0603907C SEA BASED X-BAND RADAR (SBX) 149,715 116,715
     Forward financed in the FY18 Omnibus [–33,000]
086 0603913C ISRAELI COOPERATIVE PROGRAMS 300,000 300,000
087 0603914C BALLISTIC MISSILE DEFENSE TEST 365,681 430,681
     Accelerate USFK JEON delivery [50,000]
     Address cyber threats [15,000]
088 0603915C BALLISTIC MISSILE DEFENSE TARGETS 517,852 491,352
     Accelerate USFK JEON delivery [4,500]
     Address cyber threats [5,000]
     Forward financed in the FY18 Omnibus [–36,000]
089 0603920D8Z HUMANITARIAN DEMINING 11,347 11,347
090 0603923D8Z COALITION WARFARE 8,528 8,528
091 0604016D8Z DEPARTMENT OF DEFENSE CORROSION PROGRAM 3,477 3,477
092 0604115C TECHNOLOGY MATURATION INITIATIVES 148,822 203,822
     Address cyber threats [5,000]
     Continue directed energy and boost phase intercept efforts [50,000]
093 0604132D8Z MISSILE DEFEAT PROJECT 58,607 58,607
094 0604134BR COUNTER IMPROVISED-THREAT DEMONSTRATION, PROTOTYPE DEVELOPMENT, AND TESTING 12,993 12,993
095 0604181C HYPERSONIC DEFENSE 120,444 130,444
     Accelerate hypersonic defense capability [10,000]
096 0604250D8Z ADVANCED INNOVATIVE TECHNOLOGIES 1,431,702 1,381,702
     Program reduction [–50,000]
097 0604294D8Z TRUSTED & ASSURED MICROELECTRONICS 233,142 233,142
098 0604331D8Z RAPID PROTOTYPING PROGRAM 99,333 99,333
098A 0604342D8Z DEFENSE TECHNOLOGY OFFSET 100,000
     Directed energy [100,000]
099 0604400D8Z DEPARTMENT OF DEFENSE (DOD) UNMANNED SYSTEM COMMON DEVELOPMENT 3,781 3,781
100 0604673C PACIFIC DISCRIMINATING RADAR 95,765 95,765
101 0604682D8Z WARGAMING AND SUPPORT FOR STRATEGIC ANALYSIS (SSA) 3,768 3,768
103 0604826J JOINT C5 CAPABILITY DEVELOPMENT, INTEGRATION AND INTEROPERABILITY ASSESSMENTS 22,435 22,435
104 0604873C LONG RANGE DISCRIMINATION RADAR (LRDR) 164,562 164,562
105 0604874C IMPROVED HOMELAND DEFENSE INTERCEPTORS 561,220 421,820
     Forward financed in the FY18 Omnibus [–139,400]
106 0604876C BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE SEGMENT TEST 61,017 61,017
107 0604878C AEGIS BMD TEST 95,756 95,756
108 0604879C BALLISTIC MISSILE DEFENSE SENSOR TEST 81,001 81,001
109 0604880C LAND-BASED SM–3 (LBSM3) 27,692 27,842
     Retain Poland CHUs [150]
111 0604887C BALLISTIC MISSILE DEFENSE MIDCOURSE SEGMENT TEST 81,934 72,634
     Forward financed in the FY18 Omnibus [–9,300]
112 0604894C MULTI-OBJECT KILL VEHICLE 8,256 8,256
113 0300206R ENTERPRISE INFORMATION TECHNOLOGY SYSTEMS 2,600 2,600
114 0303191D8Z JOINT ELECTROMAGNETIC TECHNOLOGY (JET) PROGRAM 3,104 3,104
115 0305103C CYBER SECURITY INITIATIVE 985 985
116 1206893C SPACE TRACKING & SURVEILLANCE SYSTEM 36,955 36,955
117 1206895C BALLISTIC MISSILE DEFENSE SYSTEM SPACE PROGRAMS 16,484 74,484
     Address cyber threats [8,000]
     Develop space sensor architecture [50,000]
   SUBTOTAL ADVANCED COMPONENT DEVELOPMENT AND PROTOTYPES 8,709,725 8,717,675
SYSTEM DEVELOPMENT AND DEMONSTRATION
118 0604161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT&E SDD 8,333 8,333
119 0604165D8Z PROMPT GLOBAL STRIKE CAPABILITY DEVELOPMENT 263,414 413,414
     Accelerate program [150,000]
120 0604384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—EMD 388,701 388,701
121 0604771D8Z JOINT TACTICAL INFORMATION DISTRIBUTION SYSTEM (JTIDS) 19,503 19,503
122 0605000BR COUNTER WEAPONS OF MASS DESTRUCTION SYSTEMS DEVELOPMENT 6,163 6,163
123 0605013BL INFORMATION TECHNOLOGY DEVELOPMENT 11,988 11,988
124 0605021SE HOMELAND PERSONNEL SECURITY INITIATIVE 296 296
125 0605022D8Z DEFENSE EXPORTABILITY PROGRAM 1,489 1,489
126 0605027D8Z OUSD(C) IT DEVELOPMENT INITIATIVES 9,590 9,590
127 0605070S DOD ENTERPRISE SYSTEMS DEVELOPMENT AND DEMONSTRATION 3,173 3,173
128 0605075D8Z DCMO POLICY AND INTEGRATION 2,105 2,105
129 0605080S DEFENSE AGENCY INITIATIVES (DAI)—FINANCIAL SYSTEM 21,156 21,156
130 0605090S DEFENSE RETIRED AND ANNUITANT PAY SYSTEM (DRAS) 10,731 10,731
132 0605210D8Z DEFENSE-WIDE ELECTRONIC PROCUREMENT CAPABILITIES 6,374 6,374
133 0605294D8Z TRUSTED & ASSURED MICROELECTRONICS 56,178 56,178
134 0303141K GLOBAL COMBAT SUPPORT SYSTEM 2,512 2,512
135 0305304D8Z DOD ENTERPRISE ENERGY INFORMATION MANAGEMENT (EEIM) 2,435 2,435
136 0305310D8Z CWMD SYSTEMS: SYSTEM DEVELOPMENT AND DEMONSTRATION 17,048 17,048
   SUBTOTAL SYSTEM DEVELOPMENT AND DEMONSTRATION 831,189 981,189
MANAGEMENT SUPPORT
137 0604774D8Z DEFENSE READINESS REPORTING SYSTEM (DRRS) 6,661 6,661
138 0604875D8Z JOINT SYSTEMS ARCHITECTURE DEVELOPMENT 4,088 4,088
139 0604940D8Z CENTRAL TEST AND EVALUATION INVESTMENT DEVELOPMENT (CTEIP) 258,796 258,796
140 0604942D8Z ASSESSMENTS AND EVALUATIONS 31,356 31,356
141 0605001E MISSION SUPPORT 65,646 65,646
142 0605100D8Z JOINT MISSION ENVIRONMENT TEST CAPABILITY (JMETC) 84,184 84,184
143 0605104D8Z TECHNICAL STUDIES, SUPPORT AND ANALYSIS 22,576 22,576
144 0605126J JOINT INTEGRATED AIR AND MISSILE DEFENSE ORGANIZATION (JIAMDO) 52,565 42,565
     Unjustified program growth [–10,000]
146 0605142D8Z SYSTEMS ENGINEERING 38,872 38,872
147 0605151D8Z STUDIES AND ANALYSIS SUPPORT—OSD 3,534 3,534
148 0605161D8Z NUCLEAR MATTERS-PHYSICAL SECURITY 5,050 5,050
149 0605170D8Z SUPPORT TO NETWORKS AND INFORMATION INTEGRATION 11,450 11,450
150 0605200D8Z GENERAL SUPPORT TO USD (INTELLIGENCE) 1,693 1,693
151 0605384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM 102,883 102,883
159 0605790D8Z SMALL BUSINESS INNOVATION RESEARCH (SBIR)/ SMALL BUSINESS TECHNOLOGY TRANSFER 2,545 2,545
160 0605798D8Z DEFENSE TECHNOLOGY ANALYSIS 24,487 24,487
161 0605801KA DEFENSE TECHNICAL INFORMATION CENTER (DTIC) 56,853 56,853
162 0605803SE R&D IN SUPPORT OF DOD ENLISTMENT, TESTING AND EVALUATION 24,914 24,914
163 0605804D8Z DEVELOPMENT TEST AND EVALUATION 20,179 20,179
164 0605898E MANAGEMENT HQ—R&D 13,643 13,643
165 0605998KA MANAGEMENT HQ—DEFENSE TECHNICAL INFORMATION CENTER (DTIC) 4,124 4,124
166 0606100D8Z BUDGET AND PROGRAM ASSESSMENTS 5,768 5,768
167 0606225D8Z ODNA TECHNOLOGY AND RESOURCE ANALYSIS 1,030 1,030
168 0606589D8W DEFENSE DIGITAL SERVICE (DDS) DEVELOPMENT SUPPORT 1,000 1,000
169 0606942C ASSESSMENTS AND EVALUATIONS CYBER VULNERABILITIES 3,400 3,400
170 0606942S ASSESSMENTS AND EVALUATIONS CYBER VULNERABILITIES 4,000 4,000
171 0203345D8Z DEFENSE OPERATIONS SECURITY INITIATIVE (DOSI) 3,008 3,008
172 0204571J JOINT STAFF ANALYTICAL SUPPORT 6,658 6,658
175 0303166J SUPPORT TO INFORMATION OPERATIONS (IO) CAPABILITIES 652 652
176 0303260D8Z DEFENSE MILITARY DECEPTION PROGRAM OFFICE (DMDPO) 1,005 1,005
177 0305172K COMBINED ADVANCED APPLICATIONS 21,363 21,363
180 0305245D8Z INTELLIGENCE CAPABILITIES AND INNOVATION INVESTMENTS 109,529 109,529
181 0306310D8Z CWMD SYSTEMS: RDT&E MANAGEMENT SUPPORT 1,244 1,244
184 0804768J COCOM EXERCISE ENGAGEMENT AND TRAINING TRANSFORMATION (CE2T2)—NON-MHA 42,940 42,940
185 0901598C MANAGEMENT HQ—MDA 28,626 28,626
187 0903235K JOINT SERVICE PROVIDER (JSP) 5,104 5,104
188A 9999999999 CLASSIFIED PROGRAMS 45,604 45,604
   SUBTOTAL MANAGEMENT SUPPORT 1,117,030 1,107,030
OPERATIONAL SYSTEM DEVELOPMENT
189 0604130V ENTERPRISE SECURITY SYSTEM (ESS) 9,750 9,750
190 0605127T REGIONAL INTERNATIONAL OUTREACH (RIO) AND PARTNERSHIP FOR PEACE INFORMATION MANA 1,855 1,855
191 0605147T OVERSEAS HUMANITARIAN ASSISTANCE SHARED INFORMATION SYSTEM (OHASIS) 304 304
192 0607210D8Z INDUSTRIAL BASE ANALYSIS AND SUSTAINMENT SUPPORT 10,376 10,376
193 0607310D8Z CWMD SYSTEMS: OPERATIONAL SYSTEMS DEVELOPMENT 5,915 5,915
194 0607327T GLOBAL THEATER SECURITY COOPERATION MANAGEMENT INFORMATION SYSTEMS (G-TSCMIS) 5,869 5,869
195 0607384BP CHEMICAL AND BIOLOGICAL DEFENSE (OPERATIONAL SYSTEMS DEVELOPMENT) 48,741 48,741
196 0208043J PLANNING AND DECISION AID SYSTEM (PDAS) 3,037 3,037
197 0208045K C4I INTEROPERABILITY 62,814 62,814
203 0302019K DEFENSE INFO INFRASTRUCTURE ENGINEERING AND INTEGRATION 16,561 16,561
204 0303126K LONG-HAUL COMMUNICATIONS—DCS 14,769 14,769
205 0303131K MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN) 17,579 17,579
207 0303136G KEY MANAGEMENT INFRASTRUCTURE (KMI) 31,737 31,737
208 0303140D8Z INFORMATION SYSTEMS SECURITY PROGRAM 7,940 17,940
     Expand cyber scholarship program [10,000]
209 0303140G INFORMATION SYSTEMS SECURITY PROGRAM 229,252 229,252
210 0303140K INFORMATION SYSTEMS SECURITY PROGRAM 19,611 19,611
211 0303150K GLOBAL COMMAND AND CONTROL SYSTEM 46,900 46,900
212 0303153K DEFENSE SPECTRUM ORGANIZATION 7,570 7,570
213 0303228K JOINT INFORMATION ENVIRONMENT (JIE) 7,947 7,947
215 0303430K FEDERAL INVESTIGATIVE SERVICES INFORMATION TECHNOLOGY 39,400 39,400
224 0305186D8Z POLICY R&D PROGRAMS 6,262 6,262
225 0305199D8Z NET CENTRICITY 16,780 16,780
227 0305208BB DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 6,286 6,286
230 0305208K DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 2,970 2,970
233 0305327V INSIDER THREAT 5,954 5,954
234 0305387D8Z HOMELAND DEFENSE TECHNOLOGY TRANSFER PROGRAM 2,198 2,198
240 0307577D8Z INTELLIGENCE MISSION DATA (IMD) 6,889 6,889
242 0708012K LOGISTICS SUPPORT ACTIVITIES 1,317 1,317
243 0708012S PACIFIC DISASTER CENTERS 1,770 1,770
244 0708047S DEFENSE PROPERTY ACCOUNTABILITY SYSTEM 1,805 1,805
246 1105219BB MQ–9 UAV 18,403 18,403
248 1160403BB AVIATION SYSTEMS 184,993 179,993
     Realignment of funds [–5,000]
249 1160405BB INTELLIGENCE SYSTEMS DEVELOPMENT 10,625 10,625
250 1160408BB OPERATIONAL ENHANCEMENTS 102,307 102,307
251 1160431BB WARRIOR SYSTEMS 46,942 46,942
252 1160432BB SPECIAL PROGRAMS 2,479 2,479
253 1160434BB UNMANNED ISR 27,270 27,270
254 1160480BB SOF TACTICAL VEHICLES 1,121 1,121
255 1160483BB MARITIME SYSTEMS 42,471 42,471
256 1160489BB GLOBAL VIDEO SURVEILLANCE ACTIVITIES 4,780 4,780
257 1160490BB OPERATIONAL ENHANCEMENTS INTELLIGENCE 12,176 12,176
258 1203610K TELEPORT PROGRAM 2,323 2,323
258A 9999999999 CLASSIFIED PROGRAMS 3,877,898 3,877,898
   SUBTOTAL OPERATIONAL SYSTEM DEVELOPMENT 4,973,946 4,978,946
       TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, DW 22,016,553 22,114,503
OPERATIONAL TEST & EVAL, DEFENSE
MANAGEMENT SUPPORT
001 0605118OTE OPERATIONAL TEST AND EVALUATION 85,685 85,685
002 0605131OTE LIVE FIRE TEST AND EVALUATION 64,332 64,332
003 0605814OTE OPERATIONAL TEST ACTIVITIES AND ANALYSES 70,992 70,992
   SUBTOTAL MANAGEMENT SUPPORT 221,009 221,009
       TOTAL OPERATIONAL TEST & EVAL, DEFENSE 221,009 221,009
       TOTAL RDT&E 91,056,950 91,916,650

SEC. 7202. Research, development, test, and evaluation for overseas contingency operations.


SEC. 7202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS(In Thousands of Dollars)
Line ProgramElement Item FY 2019 Request House Authorized
ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES
056 0603327A AIR AND MISSILE DEFENSE SYSTEMS ENGINEERING 1,000 0
     Realignment of EDI APS Unit Set from OCO to Base [–1,000]
058 0603627A SMOKE, OBSCURANT AND TARGET DEFEATING SYS-ADV DEV 1,500 1,500
061 0603747A SOLDIER SUPPORT AND SURVIVABILITY 3,000 3,000
076 0604117A MANEUVER—SHORT RANGE AIR DEFENSE (M-SHORAD) 23,000 0
     Realignment of EDI APS Unit Set from OCO to Base [–23,000]
   SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 28,500 4,500
SYSTEM DEVELOPMENT & DEMONSTRATION
088 0604328A TRACTOR CAGE 12,000 12,000
100 0604741A AIR DEFENSE COMMAND, CONTROL AND INTELLIGENCE—ENG DEV 119,300 119,300
125 0605032A TRACTOR TIRE 66,760 66,760
128 0605035A COMMON INFRARED COUNTERMEASURES (CIRCM) 2,670 2,670
136 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT 34,933 34,933
147 0303032A TROJAN—RH12 1,200 1,200
   SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION 236,863 236,863
OPERATIONAL SYSTEMS DEVELOPMENT
184 0607131A WEAPONS AND MUNITIONS PRODUCT IMPROVEMENT PROGRAMS 2,548 2,548
185 0607133A TRACTOR SMOKE 7,780 7,780
206 0203801A MISSILE/AIR DEFENSE PRODUCT IMPROVEMENT PROGRAM 2,000 0
     Realignment of EDI APS Unit Set from OCO to Base [–2,000]
209 0205402A INTEGRATED BASE DEFENSE—OPERATIONAL SYSTEM DEV 8,000 8,000
216 0303028A SECURITY AND INTELLIGENCE ACTIVITIES 23,199 23,199
226 0305206A AIRBORNE RECONNAISSANCE SYSTEMS 14,000 0
     Realignment of EDI APS Unit Set from OCO to Base [–14,000]
231 0307665A BIOMETRICS ENABLED INTELLIGENCE 2,214 2,214
   SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT 59,741 43,741
       TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY 325,104 285,104
ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES
041 0603527N RETRACT LARCH 18,000 18,000
061 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT 13,900 13,900
074 0603795N LAND ATTACK TECHNOLOGY 1,400 1,400
   SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 33,300 33,300
SYSTEM DEVELOPMENT & DEMONSTRATION
149 0604755N SHIP SELF DEFENSE (DETECT & CONTROL) 1,100 1,100
   SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION 1,100 1,100
OPERATIONAL SYSTEMS DEVELOPMENT
236 0206313M MARINE CORPS COMMUNICATIONS SYSTEMS 16,130 16,130
268A 9999999999 CLASSIFIED PROGRAMS 117,282 117,282
   SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT 133,412 133,412
       TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY 167,812 167,812
ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES
065 1206438F SPACE CONTROL TECHNOLOGY 1,100 1,100
070 1206857F OPERATIONALLY RESPONSIVE SPACE 12,395 12,395
   SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 13,495 13,495
OPERATIONAL SYSTEMS DEVELOPMENT
186 0205219F MQ–9 UAV 4,500 4,500
187 0205671F JOINT COUNTER RCIED ELECTRONIC WARFARE 4,000 4,000
188 0207131F A–10 SQUADRONS 1,000 1,000
217 0207610F BATTLEFIELD ABN COMM NODE (BACN) 42,349 42,349
228 0208288F INTEL DATA APPLICATIONS 1,200 1,200
254 0305111F WEATHER SERVICE 3,000 3,000
268 0305202F DRAGON U–2 22,100 22,100
272 0305208F DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 29,500 29,500
310 1202247F AF TENCAP 5,000 5,000
327A 9999999999 CLASSIFIED PROGRAMS 188,127 188,127
   SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT 300,776 300,776
       TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, AF 314,271 314,271
ADVANCED TECHNOLOGY DEVELOPMENT
024 0603122D8Z COMBATING TERRORISM TECHNOLOGY SUPPORT 25,000 25,000
026 0603134BR COUNTER IMPROVISED-THREAT SIMULATION 13,648 13,648
   SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT 38,648 38,648
ADVANCED COMPONENT DEVELOPMENT AND PROTOTYPES
094 0604134BR COUNTER IMPROVISED-THREAT DEMONSTRATION, PROTOTYPE DEVELOPMENT, AND TESTING 242,668 242,668
   SUBTOTAL ADVANCED COMPONENT DEVELOPMENT AND PROTOTYPES 242,668 242,668
OPERATIONAL SYSTEM DEVELOPMENT
250 1160408BB OPERATIONAL ENHANCEMENTS 3,632 3,632
251 1160431BB WARRIOR SYSTEMS 11,040 11,040
253 1160434BB UNMANNED ISR 11,700 11,700
254 1160480BB SOF TACTICAL VEHICLES 725 725
258A 9999999999 CLASSIFIED PROGRAMS 192,131 192,131
   SUBTOTAL OPERATIONAL SYSTEM DEVELOPMENT 219,228 219,228
       TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, DW 500,544 500,544
       TOTAL RDT&E 1,307,731 1,267,731

TITLE LXXIIIOPERATION AND MAINTENANCE

SEC. 7301. Operation and maintenance.


SEC. 7301. OPERATION AND MAINTENANCE(In Thousands of Dollars)
Line Item FY 2019 Request House Authorized
OPERATION & MAINTENANCE, ARMY
OPERATING FORCES
010 MANEUVER UNITS 2,076,360 1,631,060
     Readiness restoration [9,400]
     Realign OCO requirements from Base to OCO [–454,700]
020 MODULAR SUPPORT BRIGADES 107,946 109,746
     Readiness restoration [1,800]
030 ECHELONS ABOVE BRIGADE 732,485 588,515
     Readiness restoration [7,600]
     Realign OCO requirements from Base to OCO [–151,570]
040 THEATER LEVEL ASSETS 1,169,508 945,308
     Readiness restoration [18,300]
     Realign OCO requirements from Base to OCO [–242,500]
050 LAND FORCES OPERATIONS SUPPORT 1,180,460 1,197,960
     Readiness restoration [17,500]
060 AVIATION ASSETS 1,467,500 1,485,300
     Readiness restoration [17,800]
070 FORCE READINESS OPERATIONS SUPPORT 4,285,211 3,680,951
     Female personal protective equipment [2,000]
     Realign OCO requirements from Base to OCO [–606,260]
080 LAND FORCES SYSTEMS READINESS 482,201 482,201
090 LAND FORCES DEPOT MAINTENANCE 1,536,851 1,375,231
     Readiness restoration [111,200]
     Realign OCO requirements from Base to OCO [–272,820]
100 BASE OPERATIONS SUPPORT 8,274,299 7,668,039
     Realign OCO requirements from Base to OCO [–606,260]
110 FACILITIES SUSTAINMENT 3,516,859 2,497,978
     85% Sustainment [175,469]
     Capability Output Level 3 Funding [25,000]
     Realignment of FSRM funds to new RM and Demo lines [–1,219,350]
111 FACILITIES RESTORATION & MODERNIZATION 1,054,140
     Realignment of FSRM funds to new RM and Demo lines [1,054,140]
112 FACILITIES DEMOLITION 215,210
     Program increase [50,000]
     Realignment of FSRM funds to new RM and Demo lines [165,210]
120 MANAGEMENT AND OPERATIONAL HEADQUARTERS 438,733 438,733
180 US AFRICA COMMAND 231,518 231,518
190 US EUROPEAN COMMAND 150,268 150,268
200 US SOUTHERN COMMAND 195,964 195,964
210 US FORCES KOREA 59,625 59,625
     SUBTOTAL OPERATING FORCES 25,905,788 24,007,747
MOBILIZATION
220 STRATEGIC MOBILITY 370,941 370,941
230 ARMY PREPOSITIONED STOCKS 573,560 732,313
     Realignment of EDI APS Unit Set from OCO to Base [158,753]
240 INDUSTRIAL PREPAREDNESS 7,678 7,678
     SUBTOTAL MOBILIZATION 952,179 1,110,932
TRAINING AND RECRUITING
250 OFFICER ACQUISITION 135,832 135,832
260 RECRUIT TRAINING 54,819 54,819
270 ONE STATION UNIT TRAINING 69,599 69,599
280 SENIOR RESERVE OFFICERS TRAINING CORPS 518,998 518,998
290 SPECIALIZED SKILL TRAINING 1,020,073 1,020,073
300 FLIGHT TRAINING 1,082,190 1,082,190
310 PROFESSIONAL DEVELOPMENT EDUCATION 220,399 220,399
320 TRAINING SUPPORT 611,482 611,482
330 RECRUITING AND ADVERTISING 698,962 698,962
340 EXAMINING 162,049 162,049
350 OFF-DUTY AND VOLUNTARY EDUCATION 215,622 215,622
360 CIVILIAN EDUCATION AND TRAINING 176,914 176,914
370 JUNIOR RESERVE OFFICER TRAINING CORPS 174,430 174,430
     SUBTOTAL TRAINING AND RECRUITING 5,141,369 5,141,369
ADMIN & SRVWIDE ACTIVITIES
390 SERVICEWIDE TRANSPORTATION 588,047 436,447
     Realign OCO requirements from Base to OCO [–151,600]
400 CENTRAL SUPPLY ACTIVITIES 931,462 931,462
410 LOGISTIC SUPPORT ACTIVITIES 696,114 696,114
420 AMMUNITION MANAGEMENT 461,637 461,637
430 ADMINISTRATION 447,564 447,564
440 SERVICEWIDE COMMUNICATIONS 2,069,127 2,069,127
450 MANPOWER MANAGEMENT 261,021 261,021
460 OTHER PERSONNEL SUPPORT 379,541 379,541
470 OTHER SERVICE SUPPORT 1,699,767 1,699,767
480 ARMY CLAIMS ACTIVITIES 192,686 192,686
490 REAL ESTATE MANAGEMENT 240,917 240,917
500 FINANCIAL MANAGEMENT AND AUDIT READINESS 291,569 291,569
510 INTERNATIONAL MILITARY HEADQUARTERS 442,656 442,656
520 MISC. SUPPORT OF OTHER NATIONS 48,251 58,251
     NATO Cooperative Cyber Defense Center of Excellence [5,000]
     NATO Strategic Communications Center of Excellence [5,000]
565 CLASSIFIED PROGRAMS 1,259,622 1,259,622
     SUBTOTAL ADMIN & SRVWIDE ACTIVITIES 10,009,981 9,868,381
UNDISTRIBUTED
570 UNDISTRIBUTED –894,500
     Foreign Currency adjustments [–210,300]
     Historical unobligated balances [–694,200]
     Simulators and other technologies to reduce the use of live animal tissue for medical training [10,000]
     SUBTOTAL UNDISTRIBUTED –894,500
       TOTAL OPERATION & MAINTENANCE, ARMY 42,009,317 39,233,929
OPERATION & MAINTENANCE, ARMY RES
OPERATING FORCES
010 MODULAR SUPPORT BRIGADES 13,867 13,867
020 ECHELONS ABOVE BRIGADE 536,438 536,438
030 THEATER LEVEL ASSETS 113,225 113,225
040 LAND FORCES OPERATIONS SUPPORT 551,141 551,141
050 AVIATION ASSETS 89,073 89,073
060 FORCE READINESS OPERATIONS SUPPORT 409,531 409,531
070 LAND FORCES SYSTEMS READINESS 101,411 101,411
080 LAND FORCES DEPOT MAINTENANCE 60,114 60,114
090 BASE OPERATIONS SUPPORT 595,728 595,728
100 FACILITIES SUSTAINMENT 304,658 263,065
     Realignment of FSRM funds to new RM and Demo lines [–71,593]
     Sustainment recovery [30,000]
101 FACILITIES RESTORATION & MODERNIZATION 49,176
     Realignment of FSRM funds to new RM and Demo lines [49,176]
102 FACILITIES DEMOLITION 22,417
     Realignment of FSRM funds to new RM and Demo lines [22,417]
110 MANAGEMENT AND OPERATIONAL HEADQUARTERS 22,175 22,175
     SUBTOTAL OPERATING FORCES 2,797,361 2,827,361
ADMIN & SRVWD ACTIVITIES
120 SERVICEWIDE TRANSPORTATION 11,832 11,832
130 ADMINISTRATION 18,218 18,218
140 SERVICEWIDE COMMUNICATIONS 25,069 25,069
150 MANPOWER MANAGEMENT 6,248 6,248
160 RECRUITING AND ADVERTISING 58,181 58,181
     SUBTOTAL ADMIN & SRVWD ACTIVITIES 119,548 119,548
       TOTAL OPERATION & MAINTENANCE, ARMY RES 2,916,909 2,946,909
OPERATION & MAINTENANCE, ARNG
OPERATING FORCES
010 MANEUVER UNITS 810,269 810,269
020 MODULAR SUPPORT BRIGADES 193,402 193,402
030 ECHELONS ABOVE BRIGADE 753,815 753,815
040 THEATER LEVEL ASSETS 84,124 84,124
050 LAND FORCES OPERATIONS SUPPORT 31,881 31,881
060 AVIATION ASSETS 973,874 973,874
070 FORCE READINESS OPERATIONS SUPPORT 784,086 784,086
080 LAND FORCES SYSTEMS READINESS 51,353 51,353
090 LAND FORCES DEPOT MAINTENANCE 221,633 221,633
100 BASE OPERATIONS SUPPORT 1,129,942 1,129,942
110 FACILITIES SUSTAINMENT 919,947 888,760
     Realignment of FSRM funds to new RM and Demo lines [–101,187]
     Sustainment recovery [70,000]
111 FACILITIES RESTORATION & MODERNIZATION 85,859
     Realignment of FSRM funds to new RM and Demo lines [85,859]
112 FACILITIES DEMOLITION 15,328
     Realignment of FSRM funds to new RM and Demo lines [15,328]
120 MANAGEMENT AND OPERATIONAL HEADQUARTERS 1,010,524 1,010,524
     SUBTOTAL OPERATING FORCES 6,964,850 7,034,850
ADMIN & SRVWD ACTIVITIES
130 SERVICEWIDE TRANSPORTATION 10,017 10,017
140 ADMINISTRATION 72,746 72,746
150 SERVICEWIDE COMMUNICATIONS 83,105 83,105
160 MANPOWER MANAGEMENT 10,678 10,678
170 OTHER PERSONNEL SUPPORT 254,753 254,753
180 REAL ESTATE MANAGEMENT 3,146 3,146
     SUBTOTAL ADMIN & SRVWD ACTIVITIES 434,445 434,445
       TOTAL OPERATION & MAINTENANCE, ARNG 7,399,295 7,469,295
OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER FLIGHT OPERATIONS 5,372,399 5,372,399
020 FLEET AIR TRAINING 2,023,351 2,014,593
     Advanced skills management [–8,758]
030 AVIATION TECHNICAL DATA & ENGINEERING SERVICES 56,225 56,225
040 AIR OPERATIONS AND SAFETY SUPPORT 156,081 156,081
050 AIR SYSTEMS SUPPORT 682,379 682,379
060 AIRCRAFT DEPOT MAINTENANCE 1,253,756 1,291,156
     Readiness restoration [37,400]
070 AIRCRAFT DEPOT OPERATIONS SUPPORT 66,649 66,649
080 AVIATION LOGISTICS 939,368 945,768
     Readiness restoration [6,400]
090 MISSION AND OTHER SHIP OPERATIONS 4,439,566 4,439,566
100 SHIP OPERATIONS SUPPORT & TRAINING 997,663 997,663
110 SHIP DEPOT MAINTENANCE 8,751,526 8,900,126
     Readiness restoration [116,600]
     Western Pacific Dry Dock capability [32,000]
120 SHIP DEPOT OPERATIONS SUPPORT 2,168,876 2,168,876
130 COMBAT COMMUNICATIONS AND ELECTRONIC WARFARE 1,349,593 1,349,593
150 SPACE SYSTEMS AND SURVEILLANCE 215,255 215,255
160 WARFARE TACTICS 632,446 632,446
170 OPERATIONAL METEOROLOGY AND OCEANOGRAPHY 373,046 373,046
180 COMBAT SUPPORT FORCES 1,452,075 1,452,075
190 EQUIPMENT MAINTENANCE AND DEPOT OPERATIONS SUPPORT 153,719 153,719
210 COMBATANT COMMANDERS CORE OPERATIONS 63,039 63,039
220 COMBATANT COMMANDERS DIRECT MISSION SUPPORT 89,339 89,339
230 MILITARY INFORMATION SUPPORT OPERATIONS 8,475 8,475
240 CYBERSPACE ACTIVITIES 424,088 424,088
260 FLEET BALLISTIC MISSILE 1,361,947 1,361,947
280 WEAPONS MAINTENANCE 823,952 819,452
     Insufficient budget justification for submarine acoustic systems [–4,500]
290 OTHER WEAPON SYSTEMS SUPPORT 494,101 494,101
300 ENTERPRISE INFORMATION 921,936 921,936
310 FACILITIES SUSTAINMENT 2,040,389 1,712,222
     85% Sustainment [101,000]
     Capability Output Level 3 Funding [20,000]
     Project oversight (Unjustified Growth) [–85,420]
     Realignment of FSRM funds to new RM and Demo lines [–363,747]
311 FACILITIES RESTORATION & MODERNIZATION 243,745
     Realignment of FSRM funds to new RM and Demo lines [243,745]
312 FACILITIES DEMOLITION 160,002
     Program increase [40,000]
     Realignment of FSRM funds to new RM and Demo lines [120,002]
320 BASE OPERATING SUPPORT 4,414,753 4,414,753
     SUBTOTAL OPERATING FORCES 41,725,992 41,980,714
MOBILIZATION
330 SHIP PREPOSITIONING AND SURGE 549,142 400,545
     Realign DoD Mobilization Alternation to NDSF [–20,858]
     Realign LG Med Spd RO/RO Maintenance to NDSF [–127,739]
340 READY RESERVE FORCE 310,805 0
     Realign Ready Reserve Forces to NDSF [–310,805]
360 SHIP ACTIVATIONS/INACTIVATIONS 161,150 161,150
370 EXPEDITIONARY HEALTH SERVICES SYSTEMS 120,338 47,988
     Realign T-AH Maintenance to NDSF [–72,350]
390 COAST GUARD SUPPORT 24,097 24,097
     SUBTOTAL MOBILIZATION 1,165,532 633,780
TRAINING AND RECRUITING
400 OFFICER ACQUISITION 145,481 145,481
410 RECRUIT TRAINING 9,637 9,637
420 RESERVE OFFICERS TRAINING CORPS 149,687 149,687
430 SPECIALIZED SKILL TRAINING 879,557 879,557
450 PROFESSIONAL DEVELOPMENT EDUCATION 184,436 186,136
     Naval Sea Cadets [1,700]
460 TRAINING SUPPORT 223,159 223,159
470 RECRUITING AND ADVERTISING 181,086 181,086
480 OFF-DUTY AND VOLUNTARY EDUCATION 96,006 96,006
490 CIVILIAN EDUCATION AND TRAINING 72,083 72,083
500 JUNIOR ROTC 54,156 54,156
     SUBTOTAL TRAINING AND RECRUITING 1,995,288 1,996,988
ADMIN & SRVWD ACTIVITIES
510 ADMINISTRATION 1,089,964 1,089,964
530 CIVILIAN MANPOWER AND PERSONNEL MANAGEMENT 164,074 164,074
540 MILITARY MANPOWER AND PERSONNEL MANAGEMENT 418,350 418,350
580 SERVICEWIDE TRANSPORTATION 167,106 167,106
600 PLANNING, ENGINEERING, AND PROGRAM SUPPORT 333,556 333,556
610 ACQUISITION, LOGISTICS, AND OVERSIGHT 663,690 663,690
650 INVESTIGATIVE AND SECURITY SERVICES 705,087 705,087
765 CLASSIFIED PROGRAMS 574,994 574,994
     SUBTOTAL ADMIN & SRVWD ACTIVITIES 4,116,821 4,116,821
UNDISTRIBUTED
770 UNDISTRIBUTED –398,100
     Foreign Currency adjustments [–55,100]
     Historical unobligated balances [–343,000]
     SUBTOTAL UNDISTRIBUTED –398,100
       TOTAL OPERATION & MAINTENANCE, NAVY 49,003,633 48,330,203
OPERATION & MAINTENANCE, MARINE CORPS
OPERATING FORCES
010 OPERATIONAL FORCES 873,320 885,720
     Additional parts & spares to support intermediate & organizational maintenance [8,200]
     Additional training requirements [4,200]
020 FIELD LOGISTICS 1,094,187 1,094,187
030 DEPOT MAINTENANCE 314,182 341,082
     Readiness restoration [26,900]
040 MARITIME PREPOSITIONING 98,136 98,136
050 CYBERSPACE ACTIVITIES 183,546 183,546
060 FACILITIES SUSTAINMENT 832,636 746,354
     85% Sustainment [42,400]
     Capability Output Level 3 Funding [10,000]
     Realignment of FSRM funds to new RM and Demo lines [–138,682]
061 FACILITIES RESTORATION & MODERNIZATION 61,469
     Realignment of FSRM funds to new RM and Demo lines [61,469]
062 FACILITIES DEMOLITION 107,213
     Program increase [30,000]
     Realignment of FSRM funds to new RM and Demo lines [77,213]
070 BASE OPERATING SUPPORT 2,151,390 2,151,390
     SUBTOTAL OPERATING FORCES 5,547,397 5,669,097
TRAINING AND RECRUITING
080 RECRUIT TRAINING 16,453 16,453
090 OFFICER ACQUISITION 1,144 1,144
100 SPECIALIZED SKILL TRAINING 106,360 106,360
110 PROFESSIONAL DEVELOPMENT EDUCATION 46,096 46,096
120 TRAINING SUPPORT 389,751 389,751
130 RECRUITING AND ADVERTISING 201,662 201,662
140 OFF-DUTY AND VOLUNTARY EDUCATION 32,461 32,461
150 JUNIOR ROTC 24,217 24,217
     SUBTOTAL TRAINING AND RECRUITING 818,144 818,144
ADMIN & SRVWD ACTIVITIES
160 SERVICEWIDE TRANSPORTATION 29,735 29,735
170 ADMINISTRATION 386,375 386,375
225 CLASSIFIED PROGRAMS 50,859 50,859
     SUBTOTAL ADMIN & SRVWD ACTIVITIES 466,969 466,969
UNDISTRIBUTED
230 UNDISTRIBUTED –43,600
     Foreign Currency adjustments [–13,600]
     Historical unobligated balances [–30,000]
     SUBTOTAL UNDISTRIBUTED –43,600
       TOTAL OPERATION & MAINTENANCE, MARINE CORPS 6,832,510 6,910,610
OPERATION & MAINTENANCE, NAVY RES
OPERATING FORCES
010 MISSION AND OTHER FLIGHT OPERATIONS 569,584 569,584
020 INTERMEDIATE MAINTENANCE 6,902 6,902
030 AIRCRAFT DEPOT MAINTENANCE 109,776 109,776
040 AIRCRAFT DEPOT OPERATIONS SUPPORT 538 538
050 AVIATION LOGISTICS 18,888 18,888
060 SHIP OPERATIONS SUPPORT & TRAINING 574 574
070 COMBAT COMMUNICATIONS 17,561 17,561
080 COMBAT SUPPORT FORCES 121,070 121,070
090 CYBERSPACE ACTIVITIES 337 337
100 ENTERPRISE INFORMATION 23,964 23,964
110 FACILITIES SUSTAINMENT 36,356 41,151
     Realignment of FSRM funds to new RM and Demo lines [–5,205]
     Sustainment recovery [10,000]
111 FACILITIES RESTORATION & MODERNIZATION 3,205
     Realignment of FSRM funds to new RM and Demo lines [3,205]
112 FACILITIES DEMOLITION 2,000
     Realignment of FSRM funds to new RM and Demo lines [2,000]
120 BASE OPERATING SUPPORT 103,562 103,562
     SUBTOTAL OPERATING FORCES 1,009,112 1,019,112
ADMIN & SRVWD ACTIVITIES
130 ADMINISTRATION 1,868 1,868
140 MILITARY MANPOWER AND PERSONNEL MANAGEMENT 12,849 12,849
160 ACQUISITION AND PROGRAM MANAGEMENT 3,177 3,177
     SUBTOTAL ADMIN & SRVWD ACTIVITIES 17,894 17,894
       TOTAL OPERATION & MAINTENANCE, NAVY RES 1,027,006 1,037,006
OPERATION & MAINTENANCE, MC RESERVE
OPERATING FORCES
010 OPERATING FORCES 99,173 107,873
     Additional training requirements [8,700]
020 DEPOT MAINTENANCE 19,430 19,430
030 FACILITIES SUSTAINMENT 39,962 25,666
     Realignment of FSRM funds to new RM and Demo lines [–22,296]
     Sustainment recovery [8,000]
031 FACILITIES RESTORATION & MODERNIZATION 22,296
     Realignment of FSRM funds to new RM and Demo lines [22,296]
040 BASE OPERATING SUPPORT 101,829 101,829
     SUBTOTAL OPERATING FORCES 260,394 277,094
ADMIN & SRVWD ACTIVITIES
050 ADMINISTRATION 11,176 11,176
     SUBTOTAL ADMIN & SRVWD ACTIVITIES 11,176 11,176
       TOTAL OPERATION & MAINTENANCE, MC RESERVE 271,570 288,270
OPERATION & MAINTENANCE, AIR FORCE
OPERATING FORCES
010 PRIMARY COMBAT FORCES 758,178 758,178
020 COMBAT ENHANCEMENT FORCES 1,509,027 1,509,027
030 AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS) 1,323,330 1,323,330
040 DEPOT PURCHASE EQUIPMENT MAINTENANCE 3,511,830 3,596,330
     Readiness restoration [46,500]
     Restoration of U–2 Tail #80–1099 [38,000]
050 FACILITIES SUSTAINMENT 2,892,705 2,621,824
     85% Sustainment [152,000]
     Capability Output Level 3 Funding [23,000]
     Realignment of FSRM funds to new RM and Demo lines [–445,881]
051 FACILITIES RESTORATION & MODERNIZATION 420,861
     Realignment of FSRM funds to new RM and Demo lines [420,861]
052 FACILITIES DEMOLITION 67,020
     Program increase [42,000]
     Realignment of FSRM funds to new RM and Demo lines [25,020]
060 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT 7,613,084 7,687,884
     Readiness restoration [74,800]
070 FLYING HOUR PROGRAM 4,345,208 4,345,208
080 BASE SUPPORT 5,989,215 5,989,215
090 GLOBAL C3I AND EARLY WARNING 928,023 928,023
100 OTHER COMBAT OPS SPT PROGRAMS 1,080,956 1,080,956
110 CYBERSPACE ACTIVITIES 879,032 879,032
130 LAUNCH FACILITIES 183,777 183,777
140 SPACE CONTROL SYSTEMS 404,072 404,072
170 US NORTHCOM/NORAD 187,375 187,375
180 US STRATCOM 529,902 529,902
190 US CYBERCOM 329,474 329,474
200 US CENTCOM 166,024 166,024
210 US SOCOM 723 723
220 US TRANSCOM 535 535
225 CLASSIFIED PROGRAMS 1,164,810 1,164,810
     SUBTOTAL OPERATING FORCES 33,797,280 34,173,580
MOBILIZATION
230 AIRLIFT OPERATIONS 1,307,695 1,307,695
240 MOBILIZATION PREPAREDNESS 144,417 144,417
     SUBTOTAL MOBILIZATION 1,452,112 1,452,112
TRAINING AND RECRUITING
280 OFFICER ACQUISITION 133,187 133,187
290 RECRUIT TRAINING 25,041 25,041
300 RESERVE OFFICERS TRAINING CORPS (ROTC) 117,338 117,338
330 SPECIALIZED SKILL TRAINING 401,996 401,996
340 FLIGHT TRAINING 477,064 477,064
350 PROFESSIONAL DEVELOPMENT EDUCATION 276,423 276,423
360 TRAINING SUPPORT 95,948 95,948
380 RECRUITING AND ADVERTISING 154,530 154,530
390 EXAMINING 4,132 4,132
400 OFF-DUTY AND VOLUNTARY EDUCATION 223,150 223,150
410 CIVILIAN EDUCATION AND TRAINING 209,497 209,497
420 JUNIOR ROTC 59,908 59,908
     SUBTOTAL TRAINING AND RECRUITING 2,178,214 2,178,214
ADMIN & SRVWD ACTIVITIES
430 LOGISTICS OPERATIONS 681,788 681,788
440 TECHNICAL SUPPORT ACTIVITIES 117,812 117,812
480 ADMINISTRATION 953,102 953,102
490 SERVICEWIDE COMMUNICATIONS 358,389 358,389
500 OTHER SERVICEWIDE ACTIVITIES 1,194,862 1,194,862
510 CIVIL AIR PATROL 29,594 29,594
540 INTERNATIONAL SUPPORT 74,959 74,959
545 CLASSIFIED PROGRAMS 1,222,456 1,222,456
     SUBTOTAL ADMIN & SRVWD ACTIVITIES 4,632,962 4,632,962
UNDISTRIBUTED
550 UNDISTRIBUTED –455,200
     Foreign Currency adjustments [–104,500]
     Historical unobligated balances [–350,700]
     SUBTOTAL UNDISTRIBUTED –455,200
       TOTAL OPERATION & MAINTENANCE, AIR FORCE 42,060,568 41,981,668
OPERATION & MAINTENANCE, AF RESERVE
OPERATING FORCES
010 PRIMARY COMBAT FORCES 1,853,437 1,853,437
020 MISSION SUPPORT OPERATIONS 205,369 205,369
030 DEPOT PURCHASE EQUIPMENT MAINTENANCE 345,576 347,476
     Readiness restoration [1,900]
040 FACILITIES SUSTAINMENT 120,736 123,103
     Realignment of FSRM funds to new RM and Demo lines [–27,633]
     Sustainment recovery [30,000]
041 FACILITIES RESTORATION & MODERNIZATION 27,633
     Realignment of FSRM funds to new RM and Demo lines [27,633]
050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT 241,239 259,939
     Readiness restoration [18,700]
060 BASE SUPPORT 385,922 385,922
     SUBTOTAL OPERATING FORCES 3,152,279 3,202,879
ADMINISTRATION AND SERVICEWIDE ACTIVITIES
070 ADMINISTRATION 71,188 71,188
080 RECRUITING AND ADVERTISING 19,429 19,429
090 MILITARY MANPOWER AND PERS MGMT (ARPC) 9,386 9,386
100 OTHER PERS SUPPORT (DISABILITY COMP) 7,512 7,512
110 AUDIOVISUAL 440 440
     SUBTOTAL ADMINISTRATION AND SERVICEWIDE ACTIVITIES 107,955 107,955
       TOTAL OPERATION & MAINTENANCE, AF RESERVE 3,260,234 3,310,834
OPERATION & MAINTENANCE, ANG
OPERATING FORCES
010 AIRCRAFT OPERATIONS 2,619,940 2,619,940
020 MISSION SUPPORT OPERATIONS 623,265 623,265
030 DEPOT PURCHASE EQUIPMENT MAINTENANCE 748,287 748,287
040 FACILITIES SUSTAINMENT 303,792 289,700
     Realignment of FSRM funds to new RM and Demo lines [–34,092]
     Sustainment recovery [20,000]
041 FACILITIES RESTORATION & MODERNIZATION 31,696
     Realignment of FSRM funds to new RM and Demo lines [31,696]
042 FACILITIES DEMOLITION 2,396
     Realignment of FSRM funds to new RM and Demo lines [2,396]
050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT 1,061,759 1,064,759
     Readiness restoration [3,000]
060 BASE SUPPORT 988,333 989,233
     Readiness restoration [900]
     SUBTOTAL OPERATING FORCES 6,345,376 6,369,276
ADMINISTRATION AND SERVICE-WIDE ACTIVITIES
070 ADMINISTRATION 45,711 45,711
080 RECRUITING AND ADVERTISING 36,535 36,535
     SUBTOTAL ADMINISTRATION AND SERVICE-WIDE ACTIVITIES 82,246 82,246
       TOTAL OPERATION & MAINTENANCE, ANG 6,427,622 6,451,522
OPERATION AND MAINTENANCE, DEFENSE-WIDE
OPERATING FORCES
010 JOINT CHIEFS OF STAFF 430,215 430,215
020 JOINT CHIEFS OF STAFF—CE2T2 602,186 602,186
040 SPECIAL OPERATIONS COMMAND/OPERATING FORCES 5,389,250 5,215,250
     Civilian pay ahead of need [–10,700]
     Communications [–20,000]
     DCGS-SOF [–10,000]
     MC–12 ahead of need [–33,300]
     Program decrease [–100,000]
     SUBTOTAL OPERATING FORCES 6,421,651 6,247,651
TRAINING AND RECRUITING
050 DEFENSE ACQUISITION UNIVERSITY 181,601 172,501
     Efficiencies within the 4th estate [–9,100]
060 JOINT CHIEFS OF STAFF 96,565 96,565
070 SPECIAL OPERATIONS COMMAND/TRAINING AND RECRUITING 370,583 370,583
     SUBTOTAL TRAINING AND RECRUITING 648,749 639,649
ADMIN & SRVWIDE ACTIVITIES
080 CIVIL MILITARY PROGRAMS 166,131 186,131
     STARBASE [20,000]
100 DEFENSE CONTRACT AUDIT AGENCY 625,633 594,333
     Efficiencies within the 4th estate [–31,300]
110 DEFENSE CONTRACT MANAGEMENT AGENCY 1,465,354 1,392,054
     Efficiencies within the 4th estate [–73,300]
120 DEFENSE HUMAN RESOURCES ACTIVITY 859,923 816,923
     Efficiencies within the 4th estate [–43,000]
130 DEFENSE INFORMATION SYSTEMS AGENCY 2,106,930 2,001,630
     Efficiencies within the 4th estate [–105,300]
150 DEFENSE LEGAL SERVICES AGENCY 27,403 26,003
     Efficiencies within the 4th estate [–1,400]
160 DEFENSE LOGISTICS AGENCY 379,275 385,750
     Efficiencies within the 4th estate [–19,000]
     Program increase for the Procurement Technical Assistance Program (PTAP) [25,475]
170 DEFENSE MEDIA ACTIVITY 207,537 197,137
     Efficiencies within the 4th estate [–10,400]
180 DEFENSE PERSONNEL ACCOUNTING AGENCY 130,696 130,696
190 DEFENSE SECURITY COOPERATION AGENCY 754,711 754,711
200 DEFENSE SECURITY SERVICE 789,175 789,175
220 DEFENSE TECHNOLOGY SECURITY ADMINISTRATION 34,951 33,251
     Efficiencies within the 4th estate [–1,700]
230 DEFENSE THREAT REDUCTION AGENCY 553,329 553,329
250 DEPARTMENT OF DEFENSE EDUCATION ACTIVITY 2,892,284 2,942,284
     Impact Aid [40,000]
     Impact Aid for Children with Severe Disabilities [10,000]
260 MISSILE DEFENSE AGENCY 499,817 499,817
280 OFFICE OF ECONOMIC ADJUSTMENT 70,035 166,535
     Defense Community Infrastructure Program [100,000]
     Efficiencies within the 4th estate [–3,500]
290 OFFICE OF THE SECRETARY OF DEFENSE 1,519,655 1,530,655
     CDC PFOS/PFOA Health Study Increment [7,000]
     Contract support for ACCM oversight as directed by Sec. 1062 of FY17 NDAA [5,000]
     Efficiencies within the 4th estate [–76,000]
     Establish Artificial Intelligence commission [10,000]
     Funds to support the Global Engagement Center [60,000]
     Initial capital for Department of Defense World War II Commemoration Fund [2,000]
     Training of qualified personnel to join the staff of the Boards of Corrections for Military and Naval Records [3,000]
300 SPECIAL OPERATIONS COMMAND/ADMIN & SVC-WIDE ACTIVITIES 97,787 97,787
310 WASHINGTON HEADQUARTERS SERVICES 456,407 387,907
     Efficiencies within the 4th estate [–68,500]
315 CLASSIFIED PROGRAMS 15,645,192 15,645,192
     SUBTOTAL ADMIN & SRVWIDE ACTIVITIES 29,282,225 29,131,300
UNDISTRIBUTED
320 UNDISTRIBUTED –411,800
     Foreign Currency adjustments [–26,400]
     Historical unobligated balances [–385,400]
     SUBTOTAL UNDISTRIBUTED –411,800
       TOTAL OPERATION AND MAINTENANCE, DEFENSE-WIDE 36,352,625 35,606,800
US COURT OF APPEALS FOR ARMED FORCES, DEF
ADMINISTRATION AND ASSOCIATED ACTIVITIES
010 US COURT OF APPEALS FOR THE ARMED FORCES, DEFENSE 14,662 14,662
     SUBTOTAL ADMINISTRATION AND ASSOCIATED ACTIVITIES 14,662 14,662
       TOTAL US COURT OF APPEALS FOR ARMED FORCES, DEF 14,662 14,662
DOD ACQUISITION WORKFORCE DEVELOPMENT FUND
ACQUISITION WORKFORCE DEVELOPMENT
010 ACQ WORKFORCE DEV FD 400,000 400,000
     SUBTOTAL ACQUISITION WORKFORCE DEVELOPMENT 400,000 400,000
       TOTAL DOD ACQUISITION WORKFORCE DEVELOPMENT FUND 400,000 400,000
OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID
HUMANITARIAN ASSISTANCE
010 OVERSEAS HUMANITARIAN, DISASTER AND CIVIC AID 107,663 107,663
     SUBTOTAL HUMANITARIAN ASSISTANCE 107,663 107,663
       TOTAL OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID 107,663 107,663
COOPERATIVE THREAT REDUCTION ACCOUNT
FSU THREAT REDUCTION
010 FORMER SOVIET UNION (FSU) THREAT REDUCTION 335,240 335,240
     SUBTOTAL FSU THREAT REDUCTION 335,240 335,240
       TOTAL COOPERATIVE THREAT REDUCTION ACCOUNT 335,240 335,240
ENVIRONMENTAL RESTORATION, ARMY
DEPARTMENT OF THE ARMY
060 ENVIRONMENTAL RESTORATION, ARMY 203,449 213,449
     PFOS/PFOA remediation increase [10,000]
     SUBTOTAL DEPARTMENT OF THE ARMY 203,449 213,449
       TOTAL ENVIRONMENTAL RESTORATION, ARMY 203,449 213,449
ENVIRONMENTAL RESTORATION, NAVY
DEPARTMENT OF THE NAVY
080 ENVIRONMENTAL RESTORATION, NAVY 329,253 339,253
     PFOS/PFOA remediation increase [10,000]
     SUBTOTAL DEPARTMENT OF THE NAVY 329,253 339,253
       TOTAL ENVIRONMENTAL RESTORATION, NAVY 329,253 339,253
ENVIRONMENTAL RESTORATION, AIR FORCE
DEPARTMENT OF THE AIR FORCE
100 ENVIRONMENTAL RESTORATION, AIR FORCE 296,808 346,808
     PFOS/PFOA remediation increase [50,000]
     SUBTOTAL DEPARTMENT OF THE AIR FORCE 296,808 346,808
       TOTAL ENVIRONMENTAL RESTORATION, AIR FORCE 296,808 346,808
ENVIRONMENTAL RESTORATION, DEFENSE
DEFENSE-WIDE
120 ENVIRONMENTAL RESTORATION, DEFENSE 8,926 8,926
     SUBTOTAL DEFENSE-WIDE 8,926 8,926
       TOTAL ENVIRONMENTAL RESTORATION, DEFENSE 8,926 8,926
ENVIRONMENTAL RESTORATION FORMERLY USED SITES
DEFENSE-WIDE
140 ENVIRONMENTAL RESTORATION FORMERLY USED SITES 212,346 212,346
     SUBTOTAL DEFENSE-WIDE 212,346 212,346
       TOTAL ENVIRONMENTAL RESTORATION FORMERLY USED SITES 212,346 212,346
       TOTAL OPERATION & MAINTENANCE 199,469,636 195,545,393

SEC. 7302. Operation and maintenance for overseas contingency operations.


SEC. 7302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS(In Thousands of Dollars)
Line Item FY 2019 Request House Authorized
OPERATION & MAINTENANCE, ARMY
OPERATING FORCES
010 MANEUVER UNITS 1,179,339 1,634,039
     Realign OCO requirements from Base to OCO [454,700]
030 ECHELONS ABOVE BRIGADE 25,983 177,553
     Realign OCO requirements from Base to OCO [151,570]
040 THEATER LEVEL ASSETS 2,189,916 2,432,416
     Realign OCO requirements from Base to OCO [242,500]
050 LAND FORCES OPERATIONS SUPPORT 188,609 188,609
060 AVIATION ASSETS 120,787 120,787
070 FORCE READINESS OPERATIONS SUPPORT 3,867,286 4,473,546
     Realign OCO requirements from Base to OCO [606,260]
080 LAND FORCES SYSTEMS READINESS 550,068 550,068
090 LAND FORCES DEPOT MAINTENANCE 195,873 468,693
     Realign OCO requirements from Base to OCO [272,820]
100 BASE OPERATIONS SUPPORT 109,560 715,820
     Realign OCO requirements from Base to OCO [606,260]
110 FACILITIES SUSTAINMENT 60,807 60,807
140 ADDITIONAL ACTIVITIES 5,992,222 5,992,222
150 COMMANDERS EMERGENCY RESPONSE PROGRAM 10,000 10,000
160 RESET 1,036,454 1,036,454
180 US AFRICA COMMAND 248,796 263,796
     Contract personnel recovery/casualty evacuation in AFRICOM [15,000]
190 US EUROPEAN COMMAND 98,127 98,127
200 US SOUTHERN COMMAND 2,550 2,550
     SUBTOTAL OPERATING FORCES 15,876,377 18,225,487
MOBILIZATION
230 ARMY PREPOSITIONED STOCKS 158,753 0
     Realignment of EDI APS Unit Set from OCO to Base [–158,753]
     SUBTOTAL MOBILIZATION 158,753 0
ADMIN & SRVWIDE ACTIVITIES
390 SERVICEWIDE TRANSPORTATION 712,230 863,830
     Realign OCO requirements from Base to OCO [151,600]
400 CENTRAL SUPPLY ACTIVITIES 44,168 44,168
410 LOGISTIC SUPPORT ACTIVITIES 5,300 5,300
420 AMMUNITION MANAGEMENT 38,597 38,597
460 OTHER PERSONNEL SUPPORT 109,019 109,019
490 REAL ESTATE MANAGEMENT 191,786 191,786
565 CLASSIFIED PROGRAMS 1,074,270 1,074,270
     SUBTOTAL ADMIN & SRVWIDE ACTIVITIES 2,175,370 2,326,970
UNDISTRIBUTED
570 UNDISTRIBUTED –27,900
     Historical unobligated balances [–27,900]
     SUBTOTAL UNDISTRIBUTED –27,900
       TOTAL OPERATION & MAINTENANCE, ARMY 18,210,500 20,524,557
OPERATION & MAINTENANCE, ARMY RES
OPERATING FORCES
020 ECHELONS ABOVE BRIGADE 20,700 20,700
060 FORCE READINESS OPERATIONS SUPPORT 700 700
090 BASE OPERATIONS SUPPORT 20,487 20,487
     SUBTOTAL OPERATING FORCES 41,887 41,887
       TOTAL OPERATION & MAINTENANCE, ARMY RES 41,887 41,887
OPERATION & MAINTENANCE, ARNG
OPERATING FORCES
010 MANEUVER UNITS 42,519 42,519
020 MODULAR SUPPORT BRIGADES 778 778
030 ECHELONS ABOVE BRIGADE 12,093 12,093
040 THEATER LEVEL ASSETS 708 708
060 AVIATION ASSETS 28,135 28,135
070 FORCE READINESS OPERATIONS SUPPORT 5,908 5,908
100 BASE OPERATIONS SUPPORT 18,877 18,877
120 MANAGEMENT AND OPERATIONAL HEADQUARTERS 956 956
     SUBTOTAL OPERATING FORCES 109,974 109,974
ADMIN & SRVWD ACTIVITIES
150 SERVICEWIDE COMMUNICATIONS 755 755
     SUBTOTAL ADMIN & SRVWD ACTIVITIES 755 755
       TOTAL OPERATION & MAINTENANCE, ARNG 110,729 110,729
AFGHAN NATIONAL ARMY
090 SUSTAINMENT 1,522,777 1,522,777
100 INFRASTRUCTURE 137,732 137,732
110 EQUIPMENT AND TRANSPORTATION 71,922 71,922
120 TRAINING AND OPERATIONS 175,846 175,846
     SUBTOTAL AFGHAN NATIONAL ARMY 1,908,277 1,908,277
AFGHAN NATIONAL POLICE
130 SUSTAINMENT 527,554 527,554
140 INFRASTRUCTURE 42,984 42,984
150 EQUIPMENT AND TRANSPORTATION 14,554 14,554
160 TRAINING AND OPERATIONS 181,922 181,922
     SUBTOTAL AFGHAN NATIONAL POLICE 767,014 767,014
AFGHAN AIR FORCE
170 SUSTAINMENT 942,279 942,279
180 INFRASTRUCTURE 30,350 30,350
190 EQUIPMENT AND TRANSPORTATION 572,310 572,310
200 TRAINING AND OPERATIONS 277,191 277,191
     SUBTOTAL AFGHAN AIR FORCE 1,822,130 1,822,130
AFGHAN SPECIAL SECURITY FORCES
210 SUSTAINMENT 353,734 353,734
220 INFRASTRUCTURE 43,132 43,132
230 EQUIPMENT AND TRANSPORTATION 151,790 151,790
240 TRAINING AND OPERATIONS 153,373 153,373
     SUBTOTAL AFGHAN SPECIAL SECURITY FORCES 702,029 702,029
       TOTAL AFGHANISTAN SECURITY FORCES FUND 5,199,450 5,199,450
COUNTER-ISIS TRAIN AND EQUIP FUND
COUNTER-ISIS TRAIN AND EQUIP FUND (CTEF)
010 IRAQ 850,000 850,000
020 SYRIA 300,000 300,000
030 OTHER 250,000 250,000
     SUBTOTAL COUNTER-ISIS TRAIN AND EQUIP FUND (CTEF) 1,400,000 1,400,000
       TOTAL COUNTER-ISIS TRAIN AND EQUIP FUND 1,400,000 1,400,000
OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER FLIGHT OPERATIONS 435,507 435,507
030 AVIATION TECHNICAL DATA & ENGINEERING SERVICES 800 800
040 AIR OPERATIONS AND SAFETY SUPPORT 9,394 9,394
050 AIR SYSTEMS SUPPORT 193,384 193,384
060 AIRCRAFT DEPOT MAINTENANCE 173,053 173,053
070 AIRCRAFT DEPOT OPERATIONS SUPPORT 3,524 3,524
080 AVIATION LOGISTICS 60,219 60,219
090 MISSION AND OTHER SHIP OPERATIONS 942,960 942,960
100 SHIP OPERATIONS SUPPORT & TRAINING 20,236 20,236
110 SHIP DEPOT MAINTENANCE 1,022,647 1,022,647
130 COMBAT COMMUNICATIONS AND ELECTRONIC WARFARE 59,553 59,553
160 WARFARE TACTICS 16,651 16,651
170 OPERATIONAL METEOROLOGY AND OCEANOGRAPHY 31,118 31,118
180 COMBAT SUPPORT FORCES 635,560 635,560
190 EQUIPMENT MAINTENANCE AND DEPOT OPERATIONS SUPPORT 4,334 4,334
220 COMBATANT COMMANDERS DIRECT MISSION SUPPORT 24,800 24,800
240 CYBERSPACE ACTIVITIES 355 355
280 WEAPONS MAINTENANCE 493,033 493,033
290 OTHER WEAPON SYSTEMS SUPPORT 12,780 12,780
310 FACILITIES SUSTAINMENT 67,321 67,321
320 BASE OPERATING SUPPORT 211,394 211,394
     SUBTOTAL OPERATING FORCES 4,418,623 4,418,623
MOBILIZATION
370 EXPEDITIONARY HEALTH SERVICES SYSTEMS 12,902 12,902
390 COAST GUARD SUPPORT 165,000 165,000
     SUBTOTAL MOBILIZATION 177,902 177,902
TRAINING AND RECRUITING
430 SPECIALIZED SKILL TRAINING 51,138 51,138
     SUBTOTAL TRAINING AND RECRUITING 51,138 51,138
ADMIN & SRVWD ACTIVITIES
510 ADMINISTRATION 4,145 4,145
540 MILITARY MANPOWER AND PERSONNEL MANAGEMENT 7,503 7,503
580 SERVICEWIDE TRANSPORTATION 69,297 69,297
610 ACQUISITION, LOGISTICS, AND OVERSIGHT 10,912 10,912
650 INVESTIGATIVE AND SECURITY SERVICES 1,559 1,559
765 CLASSIFIED PROGRAMS 16,076 16,076
     SUBTOTAL ADMIN & SRVWD ACTIVITIES 109,492 109,492
       TOTAL OPERATION & MAINTENANCE, NAVY 4,757,155 4,757,155
OPERATION & MAINTENANCE, MARINE CORPS
OPERATING FORCES
010 OPERATIONAL FORCES 734,505 734,505
020 FIELD LOGISTICS 212,691 212,691
030 DEPOT MAINTENANCE 53,040 53,040
070 BASE OPERATING SUPPORT 23,047 23,047
     SUBTOTAL OPERATING FORCES 1,023,283 1,023,283
TRAINING AND RECRUITING
120 TRAINING SUPPORT 30,459 30,459
     SUBTOTAL TRAINING AND RECRUITING 30,459 30,459
ADMIN & SRVWD ACTIVITIES
160 SERVICEWIDE TRANSPORTATION 61,400 61,400
170 ADMINISTRATION 2,108 2,108
225 CLASSIFIED PROGRAMS 4,650 4,650
     SUBTOTAL ADMIN & SRVWD ACTIVITIES 68,158 68,158
       TOTAL OPERATION & MAINTENANCE, MARINE CORPS 1,121,900 1,121,900
OPERATION & MAINTENANCE, NAVY RES
OPERATING FORCES
020 INTERMEDIATE MAINTENANCE 500 500
030 AIRCRAFT DEPOT MAINTENANCE 11,400 11,400
080 COMBAT SUPPORT FORCES 13,737 13,737
     SUBTOTAL OPERATING FORCES 25,637 25,637
       TOTAL OPERATION & MAINTENANCE, NAVY RES 25,637 25,637
OPERATION & MAINTENANCE, MC RESERVE
OPERATING FORCES
010 OPERATING FORCES 2,550 2,550
040 BASE OPERATING SUPPORT 795 795
     SUBTOTAL OPERATING FORCES 3,345 3,345
       TOTAL OPERATION & MAINTENANCE, MC RESERVE 3,345 3,345
OPERATION & MAINTENANCE, AIR FORCE
OPERATING FORCES
010 PRIMARY COMBAT FORCES 166,274 166,274
020 COMBAT ENHANCEMENT FORCES 1,492,580 1,492,580
030 AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS) 110,237 110,237
040 DEPOT PURCHASE EQUIPMENT MAINTENANCE 209,996 209,996
050 FACILITIES SUSTAINMENT 92,412 92,412
060 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT 1,289,693 1,289,693
070 FLYING HOUR PROGRAM 2,355,264 2,355,264
080 BASE SUPPORT 1,141,718 1,141,718
090 GLOBAL C3I AND EARLY WARNING 13,537 13,537
100 OTHER COMBAT OPS SPT PROGRAMS 224,713 224,713
110 CYBERSPACE ACTIVITIES 17,353 17,353
120 TACTICAL INTEL AND OTHER SPECIAL ACTIVITIES 36,098 36,098
130 LAUNCH FACILITIES 385 385
140 SPACE CONTROL SYSTEMS 38,966 38,966
170 US NORTHCOM/NORAD 725 725
180 US STRATCOM 2,056 2,056
190 US CYBERCOM 35,189 35,189
200 US CENTCOM 162,691 162,691
210 US SOCOM 19,000 19,000
     SUBTOTAL OPERATING FORCES 7,408,887 7,408,887
MOBILIZATION
230 AIRLIFT OPERATIONS 1,287,659 1,287,659
240 MOBILIZATION PREPAREDNESS 107,064 107,064
     SUBTOTAL MOBILIZATION 1,394,723 1,394,723
TRAINING AND RECRUITING
280 OFFICER ACQUISITION 300 300
290 RECRUIT TRAINING 340 340
330 SPECIALIZED SKILL TRAINING 25,327 25,327
340 FLIGHT TRAINING 844 844
350 PROFESSIONAL DEVELOPMENT EDUCATION 1,199 1,199
360 TRAINING SUPPORT 1,320 1,320
     SUBTOTAL TRAINING AND RECRUITING 29,330 29,330
ADMIN & SRVWD ACTIVITIES
430 LOGISTICS OPERATIONS 154,485 154,485
440 TECHNICAL SUPPORT ACTIVITIES 13,608 13,608
480 ADMINISTRATION 4,814 4,814
490 SERVICEWIDE COMMUNICATIONS 131,123 131,123
500 OTHER SERVICEWIDE ACTIVITIES 97,471 97,471
540 INTERNATIONAL SUPPORT 240 240
545 CLASSIFIED PROGRAMS 51,108 51,108
     SUBTOTAL ADMIN & SRVWD ACTIVITIES 452,849 452,849
       TOTAL OPERATION & MAINTENANCE, AIR FORCE 9,285,789 9,285,789
OPERATION & MAINTENANCE, AF RESERVE
OPERATING FORCES
030 DEPOT PURCHASE EQUIPMENT MAINTENANCE 51,000 51,000
060 BASE SUPPORT 9,500 9,500
     SUBTOTAL OPERATING FORCES 60,500 60,500
       TOTAL OPERATION & MAINTENANCE, AF RESERVE 60,500 60,500
OPERATION & MAINTENANCE, ANG
OPERATING FORCES
020 MISSION SUPPORT OPERATIONS 3,560 3,560
060 BASE SUPPORT 12,310 12,310
     SUBTOTAL OPERATING FORCES 15,870 15,870
       TOTAL OPERATION & MAINTENANCE, ANG 15,870 15,870
OPERATION AND MAINTENANCE, DEFENSE-WIDE
OPERATING FORCES
010 JOINT CHIEFS OF STAFF 28,671 28,671
040 SPECIAL OPERATIONS COMMAND/OPERATING FORCES 3,733,161 3,733,161
     SUBTOTAL OPERATING FORCES 3,761,832 3,761,832
ADMIN & SRVWIDE ACTIVITIES
100 DEFENSE CONTRACT AUDIT AGENCY 1,781 1,781
110 DEFENSE CONTRACT MANAGEMENT AGENCY 21,723 21,723
130 DEFENSE INFORMATION SYSTEMS AGENCY 111,702 111,702
150 DEFENSE LEGAL SERVICES AGENCY 127,023 127,023
170 DEFENSE MEDIA ACTIVITY 14,377 14,377
190 DEFENSE SECURITY COOPERATION AGENCY 2,208,442 2,008,442
     Transfer of funds to Ukraine Security Assistance fund [–200,000]
230 DEFENSE THREAT REDUCTION AGENCY 302,250 302,250
250 DEPARTMENT OF DEFENSE EDUCATION ACTIVITY 31,620 31,620
290 OFFICE OF THE SECRETARY OF DEFENSE 16,579 16,579
310 WASHINGTON HEADQUARTERS SERVICES 7,766 7,766
315 CLASSIFIED PROGRAMS 1,944,813 1,944,813
     SUBTOTAL ADMIN & SRVWIDE ACTIVITIES 4,788,076 4,588,076
       TOTAL OPERATION AND MAINTENANCE, DEFENSE-WIDE 8,549,908 8,349,908
UKRAINE SECURITY ASSISTANCE
010 UKRAINE SECURITY ASSISTANCE 250,000
     Program increase for defensive lethal assistance [50,000]
     Transfer of funds from the Defense Security Cooperation Agency [200,000]
     SUBTOTAL UKRAINE SECURITY ASSISTANCE 250,000
       TOTAL UKRAINE SECURITY ASSISTANCE 250,000
       TOTAL OPERATION & MAINTENANCE 48,782,670 51,146,727

TITLE LXXIVMILITARY PERSONNEL

SEC. 7401. Military personnel.


SEC. 7401. MILITARY PERSONNEL(In Thousands of Dollars)
Item FY 2019 Request House Authorized
Military Personnel Appropriations 140,689,301 139,988,801
     Control Grade Increase [7,000]
     Foreign Currency adjustments [–218,000]
     Historical unobligated balance [–761,500]
     Permanently reverse BAH reduction for Military Housing Privatization Initiative [275,000]
     Program decrease [–3,000]
Medicare-Eligible Retiree Health Fund Contributions 7,533,090 7,533,090
  Total, Military Personnel 148,222,391 147,521,891

SEC. 7402. Military personnel for overseas contingency operations.


SEC. 7402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS(In Thousands of Dollars)
Item FY 2019 Request House Authorized
Military Personnel Appropriations 4,660,661 4,660,661

TITLE LXXVOTHER AUTHORIZATIONS

SEC. 7501. Other authorizations.


SEC. 7501. OTHER AUTHORIZATIONS(In Thousands of Dollars)
Item FY 2019 Request House Authorized
WORKING CAPITAL FUND, ARMY
ARMY ARSENALS INITIATIVE 59,002 59,002
ARMY SUPPLY MANAGEMENT 99,763 99,763
   TOTAL WORKING CAPITAL FUND, ARMY 158,765 158,765
WORKING CAPITAL FUND, AIR FORCE
WORKING CAPITAL FUND 69,054 69,054
   TOTAL WORKING CAPITAL FUND, AIR FORCE 69,054 69,054
WORKING CAPITAL FUND, DEFENSE-WIDE
WORKING CAPITAL FUND SUPPORT 48,096 48,096
   TOTAL WORKING CAPITAL FUND, DEFENSE-WIDE 48,096 48,096
WORKING CAPITAL FUND, DECA
WORKING CAPITAL FUND SUPPORT 1,266,200 1,266,200
   TOTAL WORKING CAPITAL FUND, DECA 1,266,200 1,266,200
NATIONAL DEFENSE SEALIFT FUND
SURGE SEALIFT RECAPITALIZATION 200,000
     Program increase—one used vessel [200,000]
LG MED SPD RO/RO MAINTENANCE 127,739
     Transfer from OMN [127,739]
DOD MOBILIZATION ALTERATIONS 20,858
     Transfer from OMN [20,858]
TAH MAINTENANCE 157,350
     Service Life Extension of USNS Comfort (TAH 20) [85,000]
     Transfer from OMN [72,350]
READY RESERVE AND PREPOSITIONING FORCE 310,805
     Transfer from OMN [310,805]
   TOTAL NATIONAL DEFENSE SEALIFT FUND 816,752
CHEM AGENTS & MUNITIONS DESTRUCTION
OPERATION & MAINTENANCE 105,997 105,997
RDT&E 886,728 886,728
PROCUREMENT 1,091 1,091
   TOTAL CHEM AGENTS & MUNITIONS DESTRUCTION 993,816 993,816
DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE 547,171 567,171
     Combatting opioid trafficking and abuse [20,000]
DRUG DEMAND REDUCTION PROGRAM 117,900 117,900
NATIONAL GUARD COUNTER-DRUG PROGRAM 117,178 117,178
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE 5,276 5,276
   TOTAL DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF 787,525 807,525
OFFICE OF THE INSPECTOR GENERAL
OPERATION & MAINTENANCE 327,611 332,611
     Program increase [5,000]
PROCUREMENT 1,602 1,602
RDT&E 60 60
   TOTAL OFFICE OF THE INSPECTOR GENERAL 329,273 334,273
DEFENSE HEALTH PROGRAM
OPERATION & MAINTENANCE
IN-HOUSE CARE 9,738,569 9,738,569
PRIVATE SECTOR CARE 15,103,735 15,103,735
CONSOLIDATED HEALTH SUPPORT 2,107,961 2,107,961
INFORMATION MANAGEMENT 2,039,878 2,039,878
MANAGEMENT ACTIVITIES 307,629 307,629
EDUCATION AND TRAINING 756,778 756,778
BASE OPERATIONS/COMMUNICATIONS 2,090,845 2,090,845
RDT&E
RESEARCH 11,386 11,386
EXPLORATRY DEVELOPMENT 75,010 80,010
     Simulators and other technologies to reduce the use of live animal tissue for medical training [5,000]
ADVANCED DEVELOPMENT 275,258 280,258
     Simulators and other technologies to reduce the use of live animal tissue for medical training [5,000]
DEMONSTRATION/VALIDATION 117,529 122,529
     Simulators and other technologies to reduce the use of live animal tissue for medical training [5,000]
ENGINEERING DEVELOPMENT 151,985 176,985
     FDA approved devices to detect and monitor traumatic brain injury [10,000]
     Freeze-dried platelet derived hemostatic agents [10,000]
     Simulators and other technologies to reduce the use of live animal tissue for medical training [5,000]
MANAGEMENT AND SUPPORT 63,755 63,755
CAPABILITIES ENHANCEMENT 15,714 15,714
PROCUREMENT
INITIAL OUTFITTING 33,056 33,056
REPLACEMENT & MODERNIZATION 343,424 343,424
DOD HEALTHCARE MANAGEMENT SYSTEM MODERNIZATION 496,680 496,680
UNDISTRIBUTED
UNDISTRIBUTED –492,500
     Foreign Currency adjustments [–22,100]
     Historical unobligated balances [–470,400]
   TOTAL DEFENSE HEALTH PROGRAM 33,729,192 33,276,692
   TOTAL OTHER AUTHORIZATIONS 37,381,921 37,771,173

SEC. 7502. Other authorizations for overseas contingency operations.


SEC. 7502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS(In Thousands of Dollars)
Item FY 2019 Request House Authorized
WORKING CAPITAL FUND, ARMY
ARMY SUPPLY MANAGEMENT 6,600 6,600
   TOTAL WORKING CAPITAL FUND, ARMY 6,600 6,600
WORKING CAPITAL FUND, AIR FORCE
WORKING CAPITAL FUND 8,590 8,590
   TOTAL WORKING CAPITAL FUND, AIR FORCE 8,590 8,590
DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE 153,100 153,100
   TOTAL DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF 153,100 153,100
OFFICE OF THE INSPECTOR GENERAL
OPERATION & MAINTENANCE 24,692 24,692
   TOTAL OFFICE OF THE INSPECTOR GENERAL 24,692 24,692
DEFENSE HEALTH PROGRAM
OPERATION & MAINTENANCE
IN-HOUSE CARE 72,627 72,627
PRIVATE SECTOR CARE 277,066 277,066
CONSOLIDATED HEALTH SUPPORT 2,375 2,375
   TOTAL DEFENSE HEALTH PROGRAM 352,068 352,068
   TOTAL OTHER AUTHORIZATIONS 545,050 545,050

TITLE LXXVIMILITARY CONSTRUCTION

SEC. 7601. Military construction.


SEC. 7601. MILITARY CONSTRUCTION(In Thousands of Dollars)
Account State/Country and Installation Project Title FY 2019 Request House Agreement
Alabama
Army   Anniston Army Depot Weapon Maintenance Shop 5,200 5,200
California
Army   Fort Irwin Multipurpose Range Complex 29,000 29,000
Colorado
Army   Fort Carson Vehicle Maintenance Shop 77,000 77,000
Georgia
Army   Fort Gordon Cyber Instructional Fac and Network Ctr 99,000 99,000
Germany
Army   East Camp Grafenwoehr Mission Training Complex 31,000 31,000
Hawaii
Army   Fort Shafter Command and Control Facility, Incr 4 105,000 95,000
Honduras
Army   Soto Cano Air Base Barracks 21,000 21,000
Indiana
Army   Crane Army Ammunition Plant Railcar Holding Area 16,000 16,000
Kentucky
Army   Fort Campbell Microgird and Power Plant 0 18,000
Army   Fort Campbell Vehicle Maintenance Shop 32,000 32,000
Army   Fort Knox Digital Air/Ground Integration Range 26,000 26,000
Korea
Army   Camp Tango Command and Control Facility 17,500 17,500
Kuwait
Army   Camp Arifjan Vehicle Maintenance Shop 44,000 44,000
Maryland
Army   Fort Meade Cantonment Area Roads 0 16,500
New Jersey
Army   Picatinny Arsenal Munitions Disassembly Complex 41,000 41,000
New Mexico
Army   White Sands Missile Range Information Systems Facility 40,000 40,000
New York
Army   U.S. Military Academy Engineering Center 95,000 95,000
Army   U.S. Military Academy Parking Structure 65,000 65,000
North Carolina
Army   Fort Bragg Dining Facility 10,000 10,000
South Carolina
Army   Fort Jackson Trainee Barracks Complex 3, Ph2 52,000 52,000
Texas
Army   Fort Bliss Supply Support Activity 24,000 24,000
Army   Fort Hood Supply Support Activity 0 9,600
Worldwide Unspecified
Army   Unspecified Worldwide Locations Force Protection and Safety 0 50,000
Army   Unspecified Worldwide Locations Host Nation Support 34,000 34,000
Army   Unspecified Worldwide Locations Planning and Design 76,068 76,068
Army   Unspecified Worldwide Locations Unspecified Minor Construction 72,000 72,000
      Military Construction, Army Total 1,011,768 1,095,868
  
Arizona
Navy   Camp Navajo Missile Motor Magazines and U&SI 0 14,800
Bahamas
Navy   Andros Island AUTEC Austere Quarters 31,050 31,050
Bahrain
Navy   SW Asia Fleet Maintenance Facility & TOC 26,340 26,340
California
Navy   Camp Pendleton AAV-ACV Maintenance & Warehouse Facility 49,410 49,410
Navy   Camp Pendleton Electrical Upgrades 4,020 4,020
Navy   Camp Pendleton Full Motion Trainer Facility 10,670 10,670
Navy   Camp Pendleton Potable Water Distribution Improvements 47,230 47,230
Navy   Camp Pendleton Supply Warehouse SOI-West 0 16,600
Navy   Marine Corps Air Station Miramar Airfield Security Improvements 11,500 11,500
Navy   Marine Corps Air Station Miramar F–35 Vertical Landing Pads and Taxiway 20,480 20,480
Navy   Naval Air Station Lemoore Communications Line Ops to Admin 0 14,900
Navy   Naval Air Station Lemoore F–35 Maintenance Hangar 112,690 112,690
Navy   Naval Base Coronado Aircraft Paint Complex 0 78,800
Navy   Naval Base Coronado CMV–22B Airfield Improvements 77,780 77,780
Navy   Naval Base San Diego Harbor Drive Switching Station 48,440 48,440
Navy   Naval Base San Diego LCS Mission Module Readiness Center 0 19,500
Navy   Naval Base San Diego Pier 8 Replacement 108,100 48,747
Navy   Naval Base Ventura Directed Energy Systems Intergration Lab 22,150 22,150
Navy   Naval Base Ventura Missile Assembly Build & High Explosive Mag 31,010 31,010
Navy   Naval Weapons Station Seal Beach Causeway, Boat Channel & Turning Basin 117,830 117,830
Navy   Naval Weapons Station Seal Beach Missile Magazines 0 21,800
Cuba
Navy   Naval Station Guantanamo Bay Consolidated Fire Station 0 19,700
Navy   Naval Station Guantanamo Bay Solid Waste Management Facility 85,000 85,000
District of Columbia
Navy   Naval Observatory Master Time Clocks & Operations Facility 115,600 60,000
Florida
Navy   Naval Air Station Whiting Field Air Traffic Control Tower (North Field) 0 10,000
Navy   Naval Station Mayport LCS Operational Training Facility Addition 29,110 29,110
Navy   Naval Station Mayport LCS Support Facility 82,350 82,350
Georgia
Navy   Marine Corps Base Albany Welding and Body Repair Shop Facility 0 31,900
Germany
Navy   Panzer Kaserne MARFOREUR HQ Modernization and Expansion 43,950 43,950
Guam
Navy   Joint Region Marianas ACE Gym & Dining 27,910 27,910
Navy   Joint Region Marianas Earth Covered Magazines 52,270 52,270
Navy   Joint Region Marianas Machine Gun Range 141,287 70,000
Navy   Joint Region Marianas Ordnance Ops 22,020 22,020
Navy   Joint Region Marianas Unaccompanied Enlisted Housing 36,170 36,170
Navy   Naval Base Guam X-Ray Wharf Improvements (Berth 2) 0 75,600
Hawaii
Navy   Joint Base Pearl Harbor-Hickam Drydock Waterfront Facility 45,000 45,000
Navy   Joint Base Pearl Harbor-Hickam Water Transmission Line 78,320 78,320
Navy   Marine Corps Base Hawaii Corrosion Control Hangar 66,100 66,100
Japan
Navy   Kadena Air Base Tactical Operations Center 9,049 9,049
Maine
Navy   Portsmouth Naval Yard Dry Dock #1 Superflood Basin 109,960 51,639
Navy   Portsmouth Naval Yard Extend Portal Crane Rail 39,725 39,725
Mississippi
Navy   Naval Construction Battalion Center Expeditionary Combat Skills Student Berthing 0 22,300
North Carolina
Navy   Camp Lejeune 2nd Radio BN Complex, Phase 2 0 51,300
Navy   Marine Corps Air Station Cherry Point Aircraft Maintenance Hangar 133,970 60,000
Navy   Marine Corps Air Station Cherry Point Flightline Utility Modernization 106,860 55,000
Pennsylvania
Navy   Naval Support Activity Philadelphia Submarine Propulsor Manufacturing Support Fac 71,050 71,050
South Carolina
Navy   Marine Corps Air Station Beaufort Cryogenics Facility 0 6,300
Navy   Marine Corps Air Station Beaufort Recycling/Hazardous Waste Facility 9,517 9,517
Navy   Marine Corps Recruit Depot, Parris Island Range Improvements & Modernization, Phase 2 35,190 35,190
Utah
Navy   Hill Air Force Base D5 Missile Motor Receipt/Storage Facility 105,520 55,000
Virginia
Navy   Marine Corps Base Quantico Ammunition Supply Point Upgrade, Phase 2 0 13,100
Navy   Marine Corps Base Quantico TBS Fire Station 21,980 0
Navy   Portsmouth Ships Maintenance Facility 26,120 26,120
Washington
Navy   Bangor Pier and Maintenance Facility 88,960 88,960
Navy   Naval Air Station Whidbey Island Fleet Support Facility 19,450 19,450
Navy   Naval Air Station Whidbey Island Next Generation Jammer Facility 7,930 7,930
Worldwide Unspecified
Navy   Unspecified Worldwide Locations Force Protection and Safety 0 50,000
Navy   Unspecified Worldwide Locations Planning and Design 185,542 177,542
Navy   Unspecified Worldwide Locations Unspecified Minor Construction 28,579 28,579
      Military Construction, Navy Total 2,543,189 2,538,898
  
Alaska
AF   Eielson Air Force Base F–35 Aircraft Maintenance Unit Admin Facility 6,800 6,800
AF   Eielson Air Force Base F–35 Conventional Munitions Maintenance Fac 15,500 15,500
AF   Eielson Air Force Base F–35A CATM Range 19,000 19,000
AF   Eielson Air Force Base F–35A School Age Facility 22,500 22,500
Arizona
AF   Davis Monthan Air Force Base AGE Facility 0 15,000
AF   Luke Air Force Base F–35A Aircraft Maintenance Unit Facility 23,000 23,000
AF   Luke Air Force Base F–35A Squad Ops #6 17,000 17,000
Arkansas
AF   Little Rock Air Force Base Dormitory ‐ 168 PN 0 26,000
Florida
AF   Eglin Air Force Base F–35A Integrated Trng Center Academics Bldg 34,863 34,863
AF   Eglin Air Force Base F–35A Student Dormitory II 28,000 28,000
AF   MacDill Air Force Base KC135 Beddown Add Flight Simulator Training 3,100 3,100
AF   Patrick Air Force Base Main Gate 0 9,000
Guam
AF   Joint Region Marianas Hayman Munitions Storage Igloos MSA 2 9,800 9,800
Louisiana
AF   Barksdale Air Force Base Entrance Road and Gate Complex 0 12,250
Mariana Islands
AF   Tinian APR—Cargo Pad with Taxiway Extension 46,000 46,000
AF   Tinian APR—Maintenance Support Facility 4,700 4,700
Maryland
AF   Joint Base Andrews Child Development Center 0 13,000
AF   Joint Base Andrews MWD Facility 0 8,000
AF   Joint Base Andrews PAR Relocate Haz Cargo Pad and EOD Range 37,000 37,000
AF   Joint Base Andrews Presidential Aircraft Recap Complex, Inc. 2 154,000 123,116
Massachusetts
AF   Hanscom Air Force Base MIT-Lincoln Laboratory (West Lab CSL/MIF) 225,000 40,000
Nebraska
AF   Offutt Air Force Base Parking Lot, USSTRATCOM 9,500 9,500
Nevada
AF   Creech Air Force Base MQ–9 CPIP GCS Operations Facility 28,000 28,000
AF   Creech Air Force Base MQ–9 CPIP Operations & Command Center Fac. 31,000 31,000
AF   Nellis Air Force Base CRH Simulator 5,900 5,900
New Mexico
AF   Holloman Air Force Base MQ–9 FTU Ops Facility 85,000 85,000
AF   Kirtland Air Force Base Wyoming Gate Upgrade for Anti-terrorism Compliance 0 7,000
New York
AF   Rome Lab Anti-Terrorism Perimeter Security / Entry Control Point 0 14,200
North Dakota
AF   Minot Air Force Base Consolidated Helo/TRF Ops/AMU and Alert Fac 66,000 66,000
Ohio
AF   Wright-Patterson Air Force Base ADAL Intelligence Production Complex (NASIC) 116,100 61,000
Oklahoma
AF   Altus Air Force Base KC–46A FTU/FTC Simulator Facility Ph 3 12,000 12,000
AF   Tinker Air Force Base KC–46A Depot Fuel Maintenance Hangar 85,000 85,000
AF   Tinker Air Force Base KC–46A Depot Maintenance Hangar 81,000 81,000
Qatar
AF   Al Udeid Flightline Support Facilities 30,400 0
AF   Al Udeid Personnel Deployment Processing Facility 40,000 0
South Carolina
AF   Shaw Air Force Base CPIP MQ–9 MCE GROUP 53,000 53,000
Texas
AF   Joint Base San Antonio BMT Recruit Dormitory 6 25,000 25,000
United Kingdom
AF   RAF Lakenheath F–35A 6 Bay Hangar 39,036 39,036
AF   RAF Lakenheath F–35A ADAL Conventional Munitions MX 9,204 9,204
AF   RAF Lakenheath F–35A ADAL Parts Store 13,926 13,926
AF   RAF Lakenheath F–35A AGE Facility 12,449 12,449
AF   RAF Lakenheath F–35A Dorm 29,541 29,541
AF   RAF Lakenheath F–35A Fuel System Maintenance Dock 2 Bay 16,880 16,880
AF   RAF Lakenheath F–35A Parking Apron 27,431 27,431
Utah
AF   Hill Air Force Base Composite Aircraft Antenna Calibration Fac 0 26,000
Washington
AF   Fairchild—White Bluff ADAL JPRA C2 Mission Support Facility 0 14,000
Worldwide Classified
AF   Classified Location TACMOR—Utilities and Infrastructure Support 18,000 18,000
Worldwide Unspecified
AF   Unspecified Worldwide Locations Force Protection and Safety 0 50,000
AF   Various Worldwide Locations Planning and Design 206,577 198,577
AF   Various Worldwide Locations Unspecified Minor Military Construction 38,500 38,500
      Military Construction, AF Total 1,725,707 1,570,773
  
Alaska
Def-Wide   Clear Air Force Station Long Range Discrim Radar Sys Complex Ph2 174,000 130,000
Def-Wide   Fort Greely Missile Field #1 Expansion 8,000 0
Def-Wide   Joint Base Elmendorf-Richardson Operations Facility Replacement 14,000 14,000
Arkansas
Def-Wide   Little Rock Air Force Base Hydrant Fuel System Alterations 14,000 14,000
Belgium
Def-Wide   Chievres Air Base Europe West District Superintendent's Office 14,305 14,305
California
Def-Wide   Camp Pendleton SOF EOD Facility—West 3,547 3,547
Def-Wide   Camp Pendleton SOF Human Performance Training Center-West 9,049 9,049
Def-Wide   Defense Distribution Depot-Tracy Main Access Control Point Upgrades 18,800 18,800
Def-Wide   Naval Base Coronado SOF ATC Applied Instruction Facility 14,819 14,819
Def-Wide   Naval Base Coronado SOF ATC Training Facility 18,329 18,329
Def-Wide   Naval Base Coronado SOF Close Quarters Combat Facility 12,768 12,768
Def-Wide   Naval Base Coronado SOF NSWG–1 Operations Support Facility 25,172 25,172
Colorado
Def-Wide   Fort Carson SOF Human Performance Training Center 15,297 15,297
Def-Wide   Fort Carson SOF Mountaineering Facility 9,000 9,000
Conus Classified
Def-Wide   Classified Location Battalion Complex, PH2 49,222 49,222
Cuba
Def-Wide   Naval Base Guantanamo Bay Working Dog Treatment Facility Replacement 9,080 9,080
Germany
Def-Wide   Baumholder SOF Joint Parachute Rigging Facility 11,504 11,504
Def-Wide   Kaiserlautern Air Base Kaiserslautern Middle School 99,955 99,955
Def-Wide   Rhine Ordnance Barracks Medical Center Replacement Inc. 8 319,589 319,589
Def-Wide   Weisbaden Clay Kaserne Elementary School 56,048 56,048
Japan
Def-Wide   Camp Mctureous Bechtel Elementary School 94,851 94,851
Def-Wide   Iwakuni Fuel Pier 33,200 33,200
Def-Wide   Kadena Air Base Truck Unload Facilities 21,400 21,400
Def-Wide   Yokosuka Kinnick High School 170,386 40,000
Kentucky
Def-Wide   Fort Campbell Ft Campbell Middle School 62,634 62,634
Def-Wide   Fort Campbell SOF Air/Ground Integ. Urban Live Fire Range 9,091 9,091
Def-Wide   Fort Campbell SOF Logistics Support Operations Facility 5,435 5,435
Def-Wide   Fort Campbell SOF Multi-Use Helicopter Training Facility 5,138 5,138
Maine
Def-Wide   Kittery Consolidated Warehouse Replacement 11,600 11,600
Maryland
Def-Wide   Fort Meade Mission Support Operations Warehouse Facility 30,000 30,000
Def-Wide   Fort Meade NSAW Recapitalize Building #2 Inc 4 218,000 218,000
Def-Wide   Fort Meade NSAW Recapitalize Building #3 Inc 1 99,000 99,000
Missouri
Def-Wide   St. Louis Next NGA West (N2W) Complex Phase 1 Inc. 2 213,600 181,000
Def-Wide   St. Louis Next NGA West (N2W) Complex Phase 2 Inc. 1 110,000 110,000
New Jersey
Def-Wide   Joint Base Mcguire-Dix-Lakehurst Hot Cargo Hydrant System Replacement 10,200 10,200
North Carolina
Def-Wide   Fort Bragg SOF Replace Training Maze and Tower 12,109 12,109
Def-Wide   Fort Bragg SOF SERE Resistance Training Lab. Complex 20,257 20,257
Def-Wide   New River Amb Care Center/Dental Clinic Replacement 32,580 32,580
Oklahoma
Def-Wide   Mcalester Bulk Diesel System Replacement 7,000 7,000
Texas
Def-Wide   Joint Base San Antonio Energy Aerospace Operations Facility 10,200 10,200
Def-Wide   Red River Army Depot General Purpose Warehouse 71,500 71,500
United Kingdom
Def-Wide   Croughton RAF Ambulatory Care Center Addition/Alteration 10,000 0
Virginia
Def-Wide   Fort A.P. Hill Training Campus 11,734 11,734
Def-Wide   Fort Belvoir Human Performance Training Center 6,127 6,127
Def-Wide   Humphreys Engineer Center Maintenance and Supply Facility 20,257 20,257
Def-Wide   Joint Base Langley-Eustis Fuel Facilities Replacement 6,900 6,900
Def-Wide   Joint Base Langley-Eustis Ground Vehicle Fueling Facility Replacement 5,800 5,800
Def-Wide   Pentagon Exterior Infrastruc. & Security Improvements 23,650 23,650
Def-Wide   Pentagon North Village VACP & Fencing 12,200 12,200
Def-Wide   Traning Center Dam Neck SOF Magazines 8,959 8,959
Washington
Def-Wide   Joint Base Lewis-Mcchord Refueling Facility 26,200 26,200
Worldwide Unspecified
Def-Wide   Unspecified Worldwide Locations Contingency Construction 10,000 0
Def-Wide   Unspecified Worldwide Locations Energy Resilience and Conserv. Invest. Prog. 150,000 165,000
Def-Wide   Unspecified Worldwide Locations ERCIP Design 10,000 10,000
Def-Wide   Unspecified Worldwide Locations Exercise Related Minor Construction 12,479 12,479
Def-Wide   Unspecified Worldwide Locations Planning and Design 86,941 86,941
Def-Wide   Unspecified Worldwide Locations Unspecified Minor Construction 31,642 31,642
Def-Wide   Various Worldwide Locations Planning & Design 42,705 42,705
Def-Wide   Various Worldwide Locations Planning and Design 55,699 55,699
Def-Wide   Various Worldwide Locations Unspecified Minor Construction 17,366 17,366
      Military Construction, Def-Wide Total 2,693,324 2,473,338
  
Worldwide Unspecified
NATO   NATO Security Investment Program Nato Security Investment Program 171,064 171,064
      NATO Security Investment Program Total 171,064 171,064
  
Alaska
Army NG   Joint Base Elmendorf-Richardson United States Property & Fiscal Office 27,000 27,000
Illinois
Army NG   Marseilles Training Center Automated Record Fire Range 5,000 5,000
Montana
Army NG   Malta National Guard Readiness Center 15,000 15,000
Nevada
Army NG   North Las Vegas National Guard Readiness Center 32,000 32,000
New Hampshire
Army NG   Pembroke National Guard Readiness Center 12,000 12,000
North Dakota
Army NG   Fargo National Guard Readiness Center 32,000 32,000
Ohio
Army NG   Camp Ravenna Automated Multipurpose Machine Gun Range 7,400 7,400
Oklahoma
Army NG   Lexington Aircraft Vehicle Storage Building 0 11,000
South Dakota
Army NG   Rapid City National Guard Readiness Center 15,000 15,000
Worldwide Unspecified
Army NG   Unspecified Worldwide Locations Planning and Design 16,622 16,622
Army NG   Unspecified Worldwide Locations Unspecified Minor Construction 18,100 18,100
      Military Construction, Army National Guard Total 180,122 191,122
  
California
Army Res   Fort Irwin ECS Modified TEMF / Warehouse 34,000 34,000
Washington
Army Res   Yakima Training Center ECS Modified TEMF 0 23,000
Wisconsin
Army Res   Fort Mccoy Transient Training Barracks 23,000 23,000
Worldwide Unspecified
Army Res   Unspecified Worldwide Locations Planning and Design 5,855 5,855
Army Res   Unspecified Worldwide Locations Unspecified Minor Construction 2,064 2,064
      Military Construction, Army Reserve Total 64,919 87,919
  
California
N/MC Res   Naval Weapons Station Seal Beach Reserve Training Center 21,740 21,740
Georgia
N/MC Res   Fort Benning Reserve Training Center 13,630 13,630
Pennsylvania
N/MC Res   Pittsburgh Reserve Training Center 0 0
Worldwide Unspecified
N/MC Res   Unspecified Worldwide Locations Planning & Design 4,695 4,695
N/MC Res   Unspecified Worldwide Locations Unspecified Minor Construction 3,000 3,000
      Military Construction, Naval Reserve Total 43,065 43,065
  
California
Air NG   Channel Islands Air National Guard Station Construct C–130J Flight Simulator Facility 8,000 8,000
Hawaii
Air NG   Joint Base Pearl Harbor-Hickam Construct Addition to F–22 LO/CRF B3408 17,000 17,000
Illinois
Air NG   Greater Peoria Regional Airport Construct New Fire Crash/Rescue Station 9,000 9,000
Louisiana
Air NG   New Orleans NORTHCOM—Construct Alert Apron 15,000 15,000
Air NG   New Orleans NORTHCOM—Construct Alert Facilities 0 24,000
Minnesota
Air NG   Duluth International Airport Construct Small Arms Range 0 8,000
Montana
Air NG   Great Falls International Airport Construct Aircraft Apron 0 9,000
New York
Air NG   Francis S. Gabreski Airport Security Forces/Comm.Training Facility 20,000 20,000
Ohio
Air NG   Mansfield Lahm Airport Replace Fire Station 0 13,000
Air NG   Rickenbacker International Airport Construct Small Arms Range 0 8,000
Pennsylvania
Air NG   Fort Indiantown Gap Replace Operations Training/Dining Hall 8,000 8,000
Virginia
Air NG   Joint Base Langley-Eustis Construct Cyber Ops Facility 10,000 10,000
Worldwide Unspecified
Air NG   Unspecified Worldwide Locations Unspecified Minor Construction 23,626 23,626
Air NG   Various Worldwide Locations Planning and Design 18,500 18,500
      Military Construction, Air National Guard Total 129,126 191,126
  
Florida
AF Res   Patrick Air Force Base HC–130J Mx Hanger 0 24,000
Indiana
AF Res   Grissom Air Reserve Base Add/Alter Aircraft Maintenance Hangar 12,100 12,100
AF Res   Grissom Air Reserve Base Aerial Port Facility 0 9,400
Massachusetts
AF Res   Westover Air Reserve Base Regional ISO Mx Hanger 0 42,600
Minnesota
AF Res   Minneapolis-St Paul International Airport Small Arms Range 9,000 9,000
Mississippi
AF Res   Keesler Air Force Base Aeromedical Staging Squadron Facility 4,550 4,550
New York
AF Res   Niagara Falls International Airport Physical Fitness Center 14,000 14,000
Ohio
AF Res   Youngstown Air Rserve Station Relocation Main Gate 0 8,800
Texas
AF Res   Naval Air Station Joint Reserve Base Fort Worth Munitions Training/Admin Facility 3,100 3,100
Worldwide Unspecified
AF Res   Unspecified Worldwide Locations Planning & Design 4,055 4,055
AF Res   Unspecified Worldwide Locations Unspecified Minor Construction 3,358 3,358
      Military Construction, Air Force Reserve Total 50,163 134,963
  
Germany
FH Con Army   Baumholder Family Housing Improvements 32,000 32,000
Italy
FH Con Army   Vicenza Family Housing New Construction 95,134 95,134
Korea
FH Con Army   Camp Humphreys Family Housing New Construction Incr 3 85,000 85,000
FH Con Army   Camp Walker Family Housing Replacement Construction 68,000 68,000
Puerto Rico
FH Con Army   Fort Buchanan Family Housing Replacement Construction 26,000 26,000
Wisconsin
FH Con Army   Fort Mccoy Family Housing New Construction 6,200 6,200
Worldwide Unspecified
FH Con Army   Unspecified Worldwide Locations Family Housing P & D 18,326 18,326
      Family Housing Construction, Army Total 330,660 330,660
  
Worldwide Unspecified
FH Ops Army   Unspecified Worldwide Locations Furnishings 15,842 15,842
FH Ops Army   Unspecified Worldwide Locations Housing Privatization Support 18,801 20,301
FH Ops Army   Unspecified Worldwide Locations Leasing 161,252 161,252
FH Ops Army   Unspecified Worldwide Locations Maintenance 75,530 75,530
FH Ops Army   Unspecified Worldwide Locations Management 36,302 34,802
FH Ops Army   Unspecified Worldwide Locations Miscellaneous 408 408
FH Ops Army   Unspecified Worldwide Locations Services 10,502 10,502
FH Ops Army   Unspecified Worldwide Locations Utilities 57,872 57,872
      Family Housing Operation And Maintenance, Army Total 376,509 376,509
  
Mariana Islands
FH Con Navy   Guam Replace Anderson Housing PH III 83,441 83,441
Worldwide Unspecified
FH Con Navy   Unspecified Worldwide Locations Design, Washington DC 4,502 4,502
FH Con Navy   Unspecified Worldwide Locations Improvements, Washington DC 16,638 16,638
      Family Housing Construction, Navy And Marine Corps Total 104,581 104,581
  
Worldwide Unspecified
FH Ops Navy   Unspecified Worldwide Locations Furnishings 16,395 16,395
FH Ops Navy   Unspecified Worldwide Locations Housing Privatization Support 21,767 23,267
FH Ops Navy   Unspecified Worldwide Locations Leasing 62,515 62,515
FH Ops Navy   Unspecified Worldwide Locations Maintenance 86,328 86,328
FH Ops Navy   Unspecified Worldwide Locations Management 50,870 49,370
FH Ops Navy   Unspecified Worldwide Locations Miscellaneous 148 148
FH Ops Navy   Unspecified Worldwide Locations Services 16,261 16,261
FH Ops Navy   Unspecified Worldwide Locations Utilities 60,252 60,252
      Family Housing Operation And Maintenance, Navy And Marine Corps Total 314,536 314,536
  
Worldwide Unspecified
FH Con AF   Unspecified Worldwide Locations Construction Improvements 75,247 75,247
FH Con AF   Unspecified Worldwide Locations Planning & Design 3,199 3,199
      Family Housing Construction, Air Force Total 78,446 78,446
  
Worldwide Unspecified
FH Ops AF   Unspecified Worldwide Locations Furnishings 30,645 30,645
FH Ops AF   Unspecified Worldwide Locations Housing Privatization Support 22,205 23,705
FH Ops AF   Unspecified Worldwide Locations Leasing 15,832 15,832
FH Ops AF   Unspecified Worldwide Locations Maintenance 129,763 129,763
FH Ops AF   Unspecified Worldwide Locations Management 54,423 52,923
FH Ops AF   Unspecified Worldwide Locations Miscellaneous 2,171 2,171
FH Ops AF   Unspecified Worldwide Locations Services 13,669 13,669
FH Ops AF   Unspecified Worldwide Locations Utilities 48,566 48,566
      Family Housing Operation And Maintenance, Air Force Total 317,274 317,274
  
Worldwide Unspecified
FH Ops DW   Unspecified Worldwide Locations Furnishings 1,060 1,060
FH Ops DW   Unspecified Worldwide Locations Leasing 51,278 51,278
FH Ops DW   Unspecified Worldwide Locations Maintenance 1,663 1,663
FH Ops DW   Unspecified Worldwide Locations Management 155 155
FH Ops DW   Unspecified Worldwide Locations Services 2 2
FH Ops DW   Unspecified Worldwide Locations Utilities 4,215 4,215
      Family Housing Operation And Maintenance, Defense-Wide Total 58,373 58,373
  
Worldwide Unspecified
FHIF   Unspecified Worldwide Locations Administrative Expenses—FHIF 1,653 1,653
      DOD Family Housing Improvement Fund Total 1,653 1,653
  
Worldwide Unspecified
UHIF   Unaccompanied Housing Improvement Fund Administrative Expenses—UHIF 600 600
      Unaccompanied Housing Improvement Fund Total 600 600
  
Worldwide Unspecified
BRAC   Unspecified Worldwide Locations Base Realignment and Closure 62,796 80,906
BRAC   Unspecified Worldwide Locations Base Realignment and Closure 151,839 170,949
BRAC   Unspecified Worldwide Locations Base Realignment and Closure 52,903 71,013
      Base Realignment and Closure Total 267,538 322,868
  
Prior Year Savings
PYS   Prior Year Savings Prior Year Savings 0 –71,158
      Prior Year Savings Total 0 –71,158
  
      Total, Military Construction 10,462,617 10,332,478

SEC. 7602. Military construction for overseas contingency operations.


SEC. 7602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS(In Thousands of Dollars)
Account State/Country and Installation Project Title FY 2019 Request House Agreement
Bulgaria
Army   Nevo Selo EDI: Ammunition Holding Area 5,200 5,200
Cuba
Army   Guantanamo Bay High Value Detention Facility 69,000 0
Poland
Army   Drawsko Pomorski Training Area EDI: Staging Area 17,000 17,000
Army   Powidz Air Base EDI: Ammunition Storage Facility 52,000 52,000
Army   Powidz Air Base EDI: Bulk Fuel Storage 21,000 21,000
Army   Powidz Air Base EDI: Rail Extension & Railhead 14,000 14,000
Army   Zagan Training Area EDI: Rail Extension and Railhead 6,400 6,400
Army   Zagan Training Area EDI: Staging Area 34,000 34,000
Romania
Army   Mihail Kogalniceanu EDI: Explosives & Ammo Load/Unload Apron 21,651 21,651
Worldwide Unspecified
Army   Unspecified Worldwide Locations EDI: Planning and Design 20,999 20,999
      Military Construction, Army Total 261,250 192,250
  
Greece
Navy   Souda Bay EDI: Joint Mobility Processing Center 41,650 41,650
Navy   Souda Bay EDI: Marathi Logistics Support Center 6,200 6,200
Italy
Navy   Sigonella EDI: P–8A Taxiway 66,050 66,050
Spain
Navy   Rota EDI: Port Operations Facilities 21,590 21,590
United Kingdom
Navy   Lossiemouth EDI: P–8 Base Improvements 79,130 79,130
Worldwide Unspecified
Navy   Unspecified Worldwide Locations EDI: Planning and Design 12,700 12,700
      Military Construction, Navy Total 227,320 227,320
  
Germany
AF   Ramstein AB EDI: KMC DABS-FEV/RH Storage Warehouses 119,000 119,000
Norway
AF   Rygge EDI: Construct Taxiway 13,800 13,800
Qatar
AF   Al Udeid Flight line Support Facilities 0 30,400
AF   Al Udeid Personnel Deployment Processing Facility 0 40,000
Slovakia
AF   Malacky EDI: Regional Munitions Storage Area 59,000 59,000
United Kingdom
AF   RAF Fairford EDI: Construct DABS-FEV Storage 87,000 87,000
AF   RAF Fairford EDI: Munitions Holding Area 19,000 19,000
Worldwide Unspecified
AF   Unspecified Worldwide Locations EDI: Planning & Design Funds 48,000 46,600
      Military Construction, Air Force Total 345,800 414,800
  
Estonia
Def-Wide   Unspecified Estonia EDI: SOF Operations Facility 6,100 6,100
Def-Wide   Unspecified Estonia EDI: SOF Training Facility 9,600 9,600
Qatar
Def-Wide   Al Udeid Trans-Regional Logistics Complex 60,000 60,000
Worldwide Unspecified
Def-Wide   Unspecified Worldwide Locations EDI: Planning and Design 7,100 7,100
Def-Wide   Various Worldwide Locations EDI: Planning and Design 4,250 4,250
      Military Construction, Defense-Wide Total 87,050 87,050
  
      Total, Military Construction 921,420 921,420

TITLE LXXVIIDEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

SEC. 7701. Department of Energy national security programs.


SEC. 7701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS(In Thousands of Dollars)
Program FY 2019 Request House Authorized
Discretionary Summary By Appropriation
  Energy And Water Development, And Related Agencies
  Appropriation Summary:
    Energy Programs
      Nuclear Energy 136,090 136,090
    Atomic Energy Defense Activities
      National nuclear security administration:
        Weapons activities 11,017,078 11,215,078
        Defense nuclear nonproliferation 1,862,825 1,989,825
        Naval reactors 1,788,618 1,788,618
        Federal salaries and expenses 422,529 404,529
  Total, National nuclear security administration 15,091,050 15,398,050
      Environmental and other defense activities:
        Defense environmental cleanup 5,630,217 5,680,217
        Other defense activities 853,300 853,300
        Defense nuclear waste disposal 30,000 30,000
  Total, Environmental & other defense activities 6,513,517 6,563,517
  Total, Atomic Energy Defense Activities 21,604,567 21,961,567
  Total, Discretionary Funding 21,740,657 22,097,657
Nuclear Energy
  Idaho sitewide safeguards and security 136,090 136,090
  Total, Nuclear Energy 136,090 136,090
Weapons Activities
  Directed stockpile work
    Life extension programs and major alterations
      B61–12 Life extension program 794,049 794,049
      W76–1 Life extension program 48,888 48,888
      W88 Alt 370 304,285 304,285
      W80–4 Life extension program 654,766 654,766
      IW–1 53,000 53,000
      W76–2 Warhead modification program 65,000 65,000
  Total, Life extension programs and major alterations 1,919,988 1,919,988
      
    Stockpile systems
      B61 Stockpile systems 64,547 64,547
      W76 Stockpile systems 94,300 94,300
      W78 Stockpile systems 81,329 81,329
      W80 Stockpile systems 80,204 80,204
      B83 Stockpile systems 35,082 35,082
      W87 Stockpile systems 83,107 83,107
      W88 Stockpile systems 180,913 180,913
  Total, Stockpile systems 619,482 619,482
    Weapons dismantlement and disposition
      Operations and maintenance 56,000 56,000
    Stockpile services
      Production support 512,916 508,916
        Program decrease [–4,000]
      Research and development support 38,129 38,129
      R&D certification and safety 216,582 214,582
        Program decrease [–2,000]
      Management, technology, and production 300,736 298,736
        Program decrease [–2,000]
  Total, Stockpile services 1,068,363 1,060,363
    
    Strategic materials
      Uranium sustainment 87,182 87,182
      Plutonium sustainment 361,282 361,282
      Tritium sustainment 205,275 205,275
      Lithium sustainment 29,135 29,135
      Domestic uranium enrichment 100,704 100,704
      Strategic materials sustainment 218,794 218,794
  Total, Strategic materials 1,002,372 1,002,372
  Total, Directed stockpile work 4,666,205 4,658,205
  Research, development, test and evaluation (RDT&E)
    Science
      Advanced certification 57,710 57,710
      Primary assessment technologies 95,057 93,057
        Program decrease [–2,000]
      Dynamic materials properties 131,000 128,000
        Program decrease [–3,000]
      Advanced radiography 32,544 32,544
      Secondary assessment technologies 77,553 77,553
      Academic alliances and partnerships 53,364 53,364
      Enhanced Capabilities for Subcritical Experiments 117,632 117,632
  Total, Science 564,860 559,860
    Engineering
      Enhanced surety 43,226 43,226
      Weapon systems engineering assessment technology 27,536 27,536
      Nuclear survivability 48,230 48,230
      Enhanced surveillance 58,375 58,375
      Stockpile Responsiveness 34,000 40,000
        Program increase [6,000]
  Total, Engineering 211,367 217,367
    Inertial confinement fusion ignition and high yield
      Ignition 22,434 42,434
        Maintain sustainable levels [20,000]
      Support of other stockpile programs 17,397 21,397
        Maintain sustainable levels [4,000]
      Diagnostics, cryogenics and experimental support 51,453 61,453
        Maintain sustainable levels [10,000]
      Pulsed power inertial confinement fusion 8,310 8,310
      Facility operations and target production 319,333 334,333
        Maintain sustainable levels [15,000]
  Total, Inertial confinement fusion and high yield 418,927 467,927
    Advanced simulation and computing
      Advanced simulation and computing 656,401 656,401
      Construction:
        18–D–670, Exascale Class Computer Cooling Equipment, LANL 24,000 24,000
        18–D–620, Exascale Computing Facility Modernization Project, LLNL 23,000 23,000
  Total, Construction 47,000 47,000
  Total, Advanced simulation and computing 703,401 703,401
    
    Advanced manufacturing
      Additive manufacturing 17,447 17,447
      Component manufacturing development 48,477 48,477
      Process technology development 30,914 30,914
  Total, Advanced manufacturing 96,838 96,838
  Total, RDT&E 1,995,393 2,045,393
  Infrastructure and operations
    Operations of facilities 891,000 891,000
    Safety and environmental operations 115,000 115,000
    Maintenance and repair of facilities 365,000 404,000
      Address high-priority repair needs and preventive maintenance [39,000]
    Recapitalization:
      Infrastructure and safety 431,631 498,631
        Support high-priority deferred maintenance [67,000]
      Capability based investments 109,057 113,057
        Program increase [4,000]
  Total, Recapitalization 540,688 611,688
    
    Construction:
      19–D–670, 138kV Power Transmission System Replacement, NNSS 6,000 6,000
      19–D–660, Lithium Production Capability, Y–12 19,000 19,000
      18–D–680, Material Staging Facility, Pantex 0 24,000
      18–D–650, Tritium Production Capability, SRS 27,000 27,000
      17–D–710, West End Protected Area reduction Project, Y–12 0 9,000
      17–D–640, U1a Complex Enhancements Project, NNSS 53,000 53,000
      16–D–515, Albuquerque complex project 47,953 47,953
      14–D–710, DAF Argus project, NNSS 0 2,000
      06–D–141 Uranium processing facility Y–12, Oak Ridge, TN 703,000 703,000
      04–D–125 Chemistry and metallurgy research facility replacement project, LANL 235,095 235,095
  Total, Construction 1,091,048 1,126,048
  Total, Infrastructure and operations 3,002,736 3,147,736
  Secure transportation asset
    Operations and equipment 176,617 176,617
    Program direction 102,022 102,022
  Total, Secure transportation asset 278,639 278,639
  Defense nuclear security
    Operations and maintenance 690,638 701,638
      Physical security infrastructure recapitalization and CSTART [11,000]
  Total, Defense nuclear security 690,638 701,638
    
  Information technology and cybersecurity 221,175 221,175
  
  Legacy contractor pensions 162,292 162,292
  Total, Weapons Activities 11,017,078 11,215,078
Defense Nuclear Nonproliferation
  Defense Nuclear Nonproliferation Programs
    Global material security
      International nuclear security 46,339 46,339
      Domestic radiological security 90,764 90,764
      International radiological security 59,576 59,576
      Nuclear smuggling detection and deterrence 140,429 140,429
  Total, Global material security 337,108 337,108
  
    Material management and minimization
      HEU reactor conversion 98,300 98,300
      Nuclear material removal 32,925 32,925
      Material disposition 200,869 200,869
  Total, Material management & minimization 332,094 332,094
    
    Nonproliferation and arms control 129,703 129,703
    Defense nuclear nonproliferation R&D 456,095 468,095
      Acceleration of low-yield detection experiments [6,000]
      Future nuclear proliferation challenges, including 3D printing [6,000]
    Nonproliferation Construction:
      18–D–150 Surplus Plutonium Disposition Project 59,000 59,000
      99–D–143 Mixed Oxide (MOX) Fuel Fabrication Facility, SRS 220,000 335,000
  Total, Nonproliferation construction 279,000 394,000
  Total, Defense Nuclear Nonproliferation Programs 1,534,000 1,661,000
  Legacy contractor pensions 28,640 28,640
  Nuclear counterterrorism and incident response program 319,185 319,185
  Use of prior year balances –19,000 –19,000
  Total, Defense Nuclear Nonproliferation 1,862,825 1,989,825
Naval Reactors
  Naval reactors development 514,951 514,951
  Columbia-Class reactor systems development 138,000 138,000
  S8G Prototype refueling 250,000 250,000
  Naval reactors operations and infrastructure 525,764 525,764
  Construction:
    19–D–930, KS Overhead Piping 10,994 10,994
    17–D–911, BL Fire System Upgrade 13,200 13,200
    14–D–901 Spent fuel handling recapitalization project, NRF 287,000 287,000
  Total, Construction 311,194 311,194
  Program direction 48,709 48,709
  Total, Naval Reactors 1,788,618 1,788,618
Federal Salaries And Expenses
  Program direction 422,529 404,529
    Program decrease [–18,000]
  Total, Office Of The Administrator 422,529 404,529
Defense Environmental Cleanup
  Closure sites:
    Closure sites administration 4,889 4,889
  Richland:
    River corridor and other cleanup operations 89,577 89,577
    Central plateau remediation 562,473 612,473
               Accelerated remediation of 300–296 waste site [50,000]
    Richland community and regulatory support 5,121 5,121
    Construction:
      18–D–404 WESF Modifications and Capsule Storage 1,000 1,000
  Total, Construction 1,000 1,000
  Total, Hanford site 658,171 708,171
  Office of River Protection:
    Waste Treatment Immobilization Plant Commissioning 15,000 15,000
    Rad liquid tank waste stabilization and disposition 677,460 677,460
    Construction:
      15–D–409 Low activity waste pretreatment system, ORP 56,053 56,053
      01–D–416 A-D WTP Subprojects A-D 675,000 675,000
      01–D–416 E—Pretreatment Facility 15,000 15,000
  Total, Construction 746,053 746,053
  Total, Office of River protection 1,438,513 1,438,513
  Idaho National Laboratory:
    SNF stabilization and disposition—2012 17,000 17,000
    Solid waste stabilization and disposition 148,387 148,387
    Radioactive liquid tank waste stabilization and disposition 137,739 137,739
    Soil and water remediation—2035 42,900 42,900
    Idaho community and regulatory support 3,200 3,200
  Total, Idaho National Laboratory 349,226 349,226
  NNSA sites and Nevada off-sites
    Lawrence Livermore National Laboratory 1,704 1,704
    Nuclear facility D & D
      Separations Process Research Unit 15,000 15,000
      Nevada 60,136 60,136
      Sandia National Laboratories 2,600 2,600
      Los Alamos National Laboratory 191,629 191,629
  Total, NNSA sites and Nevada off-sites 271,069 271,069
  Oak Ridge Reservation:
    OR Nuclear facility D & D
      OR-0041—D&D - Y–12 30,214 30,214
      OR-0042—D&D -ORNL 60,007 60,007
  Total, OR Nuclear facility D & D 90,221 90,221
  
    U233 Disposition Program 45,000 45,000
    
    OR cleanup and waste disposition
      OR cleanup and disposition 67,000 67,000
      Construction:
        17–D–401 On-site waste disposal facility 5,000 5,000
        14–D–403 Outfall 200 Mercury Treatment Facility 11,274 11,274
  Total, Construction 16,274 16,274
  Total, OR cleanup and waste disposition 83,274 83,274
      
    OR community & regulatory support 4,711 4,711
    OR technology development and deployment 3,000 3,000
  Total, Oak Ridge Reservation 226,206 226,206
  Savannah River Sites:
    Nuclear Material Management 351,331 351,331
    
    Environmental Cleanup
      Environmental Cleanup 166,105 166,105
      Construction:
        18–D–402, Emergency Operations Center 1,259 1,259
  Total, Environmental Cleanup 167,364 167,364
      
    SR community and regulatory support 4,749 4,749
      Radioactive liquid tank waste stabilization and disposition 805,686 805,686
      Construction:
        18–D–401, SDU #8/9 37,450 37,450
        17–D–402—Saltstone Disposal Unit #7 41,243 41,243
        05–D–405 Salt waste processing facility, Savannah River Site 65,000 65,000
  Total, Construction 143,693 143,693
  Total, Savannah River site 1,472,823 1,472,823
  Waste Isolation Pilot Plant
    Operations and maintenance 220,000 220,000
    Central characterization project 19,500 19,500
    Critical Infrastructure Repair/Replacement 46,695 46,695
    Transportation 25,500 25,500
    Construction:
      15–D–411 Safety significant confinement ventilation system, WIPP 84,212 84,212
      15–D–412 Exhaust shaft, WIPP 1,000 1,000
  Total, Construction 85,212 85,212
  Total, Waste Isolation Pilot Plant 396,907 396,907
  Program direction 300,000 300,000
  Program support 6,979 6,979
  Minority Serving Institution Partnership 6,000 6,000
  Safeguards and Security
    Oak Ridge Reservation 14,023 14,023
    Paducah 15,577 15,577
    Portsmouth 15,078 15,078
    Richland/Hanford Site 86,686 86,686
    Savannah River Site 183,357 183,357
    Waste Isolation Pilot Project 6,580 6,580
    West Valley 3,133 3,133
  Total, Safeguards and Security 324,434 324,434
  
  Technology development 25,000 25,000
  HQEF-0040—Excess Facilities 150,000 150,000
  Total, Defense Environmental Cleanup 5,630,217 5,680,217
Other Defense Activities
  Environment, health, safety and security
    Environment, health, safety and security 135,194 135,194
    Program direction 70,653 70,653
  Total, Environment, Health, safety and security 205,847 205,847
  Independent enterprise assessments
    Independent enterprise assessments 24,068 24,068
    Program direction 52,702 52,702
  Total, Independent enterprise assessments 76,770 76,770
  
  Specialized security activities 254,378 254,378
  Office of Legacy Management
    Legacy management 140,575 140,575
    Program direction 18,302 18,302
  Total, Office of Legacy Management 158,877 158,877
  Defense related administrative support
    Chief financial officer 48,484 48,484
    Chief information officer 96,793 96,793
    Project management oversight and Assessments 8,412 8,412
  Total, Defense related administrative support 153,689 153,689
  
  Office of hearings and appeals 5,739 5,739
  Subtotal, Other defense activities 855,300 855,300
  Rescission of prior year balances (OHA) –2,000 –2,000
  Total, Other Defense Activities 853,300 853,300
Defense Nuclear Waste Disposal
  Yucca mountain and interim storage 30,000 30,000
  Total, Defense Nuclear Waste Disposal 30,000 30,000

Passed the House of Representatives May 24, 2018.

Attest:
Karen L. Haas,

Clerk  


Calendar No. 442

115th CONGRESS
     2d Session
H. R. 5515

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

June 5, 2018
Read twice and placed on the calendar