Text: H.R.2810 — 115th Congress (2017-2018)All Information (Except Text)

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Reported in House (07/06/2017)

Union Calendar No. 137

115th CONGRESS
1st Session
H. R. 2810

[Report No. 115–200]


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


IN THE HOUSE OF REPRESENTATIVES

June 7, 2017

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

July 6, 2017

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

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

[For text of introduced bill, see copy of bill as introduced on June 7, 2017]


A BILL

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

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 2018”.

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

(a) Divisions.—This Act is organized into four divisions as follows:

(1) Division A—Department of Defense Authorizations.

(2) Division B—Military Construction Authorizations.

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

(4) Division D—Funding Tables.

(b) Table of contents.—The table of contents for this Act is as follows:


Sec. 1. Short title.

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

Sec. 3. Congressional defense committees.

Sec. 101. Authorization of appropriations.

Sec. 111. Report on acceleration of Increment 2 of the Warfighter Information Network-Tactical.

Sec. 121. Aircraft carriers.

Sec. 122. Procurement authority for icebreaker vessels.

Sec. 123. Limitation on availability of funds for procurement of icebreaker vessels.

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

Sec. 125. Multiyear procurement authority for Arleigh Burke class destroyers and associated systems.

Sec. 126. Limitation on availability of funds for Arleigh Burke class destroyer.

Sec. 127. Extensions of authorities relating to construction of certain vessels.

Sec. 128. Multiyear procurement authority for V–22 Osprey aircraft.

Sec. 131. Streamlining acquisition of intercontinental ballistic missile security capability.

Sec. 132. Limitation on selection of single contractor for C–130H avionics modernization program increment 2.

Sec. 133. Limitation on availability of funds for EC–130H Compass Call recapitalization program.

Sec. 134. Cost-benefit analysis of upgrades to MQ–9 Reaper aircraft.

Sec. 141. Authority for procurement of economic order quantities for the F–35 aircraft program.

Sec. 142. Limitation on demilitarization of certain cluster munitions.

Sec. 143. Reinstatement of requirement to preserve certain C–5 aircraft.

Sec. 144. Requirement that certain aircraft and unmanned aerial vehicles use specified standard data link.

Sec. 201. Authorization of appropriations.

Sec. 211. Cost controls for presidential aircraft recapitalization program.

Sec. 212. Capital investment authority.

Sec. 213. Modification of authority to award prizes for advanced technology achievements.

Sec. 214. Critical technologies for Columbia class submarine.

Sec. 215. Joint Hypersonics Transition Office.

Sec. 216. Hypersonic airbreathing weapons capabilities.

Sec. 217. Limitation on availability of funds for MQ–25 unmanned air system.

Sec. 218. Limitation on availability of funds for contract writing systems.

Sec. 301. Authorization of appropriations.

Sec. 311. Codification of and improvements to Department of Defense clearinghouse to coordinate Department review of applications for certain projects that may have adverse impact on military operations and readiness.

Sec. 312. Energy performance goals and master plan.

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

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

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

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

Sec. 322. Guidance regarding use of organic industrial base.

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

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

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

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

Sec. 335. Annual briefings on Army explosive ordnance disposal.

Sec. 336. Report on effects of climate change on Department of Defense.

Sec. 341. Explosive safety board.

Sec. 342. Department of Defense support for military service memorials and museums that highlight the role of women in the Armed Forces.

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

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

Sec. 401. End strengths for active forces.

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

Sec. 411. End strengths for Selected Reserve.

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

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

Sec. 414. Fiscal year 2018 limitation on number of non-dual status technicians.

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

Sec. 421. Military personnel.

Sec. 501. Modification of requirements relating to conversion of certain military technician (dual status) positions to civilian positions.

Sec. 502. Pilot program on use of retired senior enlisted members of the Army National Guard as Army National Guard recruiters.

Sec. 503. Equal treatment of orders to serve on active duty under section 12304a and 12304b of title 10, United States Code.

Sec. 504. Direct employment pilot program for members of the National Guard and Reserve.

Sec. 511. Consideration of additional medical evidence by Boards for the Correction of Military Records and liberal consideration of evidence relating to post-traumatic stress disorder or traumatic brain injury.

Sec. 512. Public availability of information related to disposition of claims regarding discharge or release of members of the Armed Forces when the claims involve sexual assault.

Sec. 513. Pilot program on use of video teleconferencing technology by boards for the correction of military records and discharge review boards.

Sec. 514. Inclusion of specific email address block on Certificate of Release or Discharge from Active Duty (DD Form 214).

Sec. 515. Provision of information on naturalization through military service.

Sec. 521. Clarifying amendments related to the Uniform Code of Military Justice reform by the Military Justice Act of 2016.

Sec. 522. Minimum confinement period required for conviction of certain sex-related offenses committed by members of the Armed Forces.

Sec. 523. Prohibition on wrongful broadcast or distribution of intimate visual images.

Sec. 524. Information for the Special Victims’ Counsel or Victims’ Legal Counsel.

Sec. 525. Special Victims’ Counsel training regarding the unique challenges often faced by male victims of sexual assault.

Sec. 526. Garnishment to satisfy judgment rendered for physically, sexually, or emotionally abusing a child.

Sec. 527. Inclusion of information in annual SAPRO reports regarding military sexual harassment and incidents involving nonconsensual distribution of private sexual images.

Sec. 528. Inclusion of information in annual SAPRO reports regarding sexual assaults committed by a member of the Armed Forces against the member’s spouse or other family member.

Sec. 529. Notification of members of the Armed Forces undergoing certain administrative separations of potential eligibility for veterans benefits.

Sec. 530. Consistent access to Special Victims’ Counsel for former dependents of members of the Armed Forces.

Sec. 541. Prohibition on release of military service academy graduates to participate in professional athletics.

Sec. 542. ROTC Cyber Institutes at the senior military colleges.

Sec. 543. Lieutenant Henry Ossian Flipper Leadership Scholarship Program.

Sec. 551. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees.

Sec. 552. Education for dependents of certain retired members of the Armed Forces.

Sec. 553. Codification of authority to conduct family support programs for immediate family members of members of the Armed Forces assigned to special operations forces.

Sec. 554. Reimbursement for State licensure and certification costs of a spouse of a member of the Armed Forces arising from relocation to another State.

Sec. 561. Replacement of military decorations at the request of relatives of deceased members of the Armed Forces.

Sec. 562. Congressional Defense Service Medal.

Sec. 563. Limitations on authority to revoke certain military decorations awarded to members of the Armed Forces.

Sec. 571. Expansion of United States Air Force Institute of Technology enrollment authority to include civilian employees of the homeland security industry.

Sec. 572. Servicemembers’ Group Life Insurance.

Sec. 573. Voter registration.

Sec. 574. Sense of Congress regarding section 504 of title 10, United States Code, on existing authority of the Department of Defense to enlist individuals, not otherwise eligible for enlistment, whose enlistment is vital to the national interest.

Sec. 601. Annual adjustment of basic monthly pay.

Sec. 602. Limitation on basic allowance for housing modification authority for members of the uniformed services residing in Military Housing Privatization Initiative housing.

Sec. 603. Housing treatment for certain members of the Armed Forces, and their spouses and other dependents, undergoing a permanent change of station within the United States.

Sec. 604. Per diem allowance policies.

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

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

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

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

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

Sec. 616. Reimbursement for State licensure and certification costs of a member of the Armed Forces arising from separation from the Armed Forces.

Sec. 617. Increase in maximum amount of aviation bonus for 12-month period of obligated service.

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

Sec. 621. Findings and sense of Congress regarding the Special Survivor Indemnity Allowance.

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

Sec. 632. Advisory boards regarding military commissaries and exchanges.

Sec. 701. Physical examinations for members of a reserve component who are separating from the Armed Forces.

Sec. 702. Mental health examinations before members separate from the Armed Forces.

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

Sec. 711. Clarification of roles of commanders of military medical treatment facilities and Surgeons General.

Sec. 712. Maintenance of inpatient capabilities of military medical treatment facilities located outside the United States.

Sec. 713. Regular update of prescription drug pricing standard under TRICARE retail pharmacy program.

Sec. 714. Residency requirements for podiatrists.

Sec. 721. One year extension of pilot program for prescription drug acquisition cost parity in the TRICARE Pharmacy Benefits Program.

Sec. 722. Pilot program on health care assistance system.

Sec. 723. Research of chronic traumatic encephalopathy.

Sec. 724. Sense of Congress on eligibility of victims of acts of terror for evaluation and treatment at military treatment facilities.

Sec. 801. Procurement through online marketplaces.

Sec. 802. Performance of incurred cost audits.

Sec. 803. Modifications to cost or pricing data and reporting requirements.

Sec. 811. Requirement to emphasize reliability and maintainability in weapon system design.

Sec. 812. Licensing of appropriate intellectual property to support major weapon systems.

Sec. 813. Management of intellectual property matters within the Department of Defense.

Sec. 814. Improvement of planning for acquisition of services.

Sec. 815. Improvements to test and evaluation processes and tools.

Sec. 821. Enhancements to the civilian program management workforce.

Sec. 822. Improvements to the hiring and training of the acquisition workforce.

Sec. 823. Extension and modifications to acquisition demonstration project.

Sec. 824. Acquisition positions in the Offices of the Secretaries of the Military Departments.

Sec. 831. Transparency of defense business system data.

Sec. 832. Major defense acquisition programs: display of budget information.

Sec. 833. Enhancements to transparency in test and evaluation processes and data.

Sec. 841. Modifications to the advisory panel on streamlining and codifying acquisition regulations.

Sec. 842. Extension of maximum duration of fuel storage contracts.

Sec. 843. Exception for business operations from requirement to accept $1 coins.

Sec. 844. Repeal of expired pilot program.

Sec. 851. Limitation on unilateral definitization.

Sec. 852. Codification of requirements pertaining to assessment, management, and control of operating and support costs for major weapon systems.

Sec. 853. Use of program income by eligible entities that carry out procurement technical assistance programs.

Sec. 854. Amendment to sustainment reviews.

Sec. 855. Clarification to other transaction authority.

Sec. 856. Clarifying the use of lowest price technically acceptable source selection process.

Sec. 857. Amendment to nontraditional and small contractor innovation prototyping program.

Sec. 858. Modification to annual meeting requirement of Configuration Steering Boards.

Sec. 859. Change to definition of subcontract in certain circumstances.

Sec. 860. Amendment relating to applicability of inflation adjustments.

Sec. 861. Exemption from design-build selection procedures.

Sec. 862. Requirement that certain ship components be manufactured in the national technology and industrial base.

Sec. 863. Procurement of aviation critical safety items.

Sec. 864. Milestones and timelines for contracts for foreign military sales.

Sec. 865. Notification requirement for certain contracts for audit services.

Sec. 866. Training in acquisition of commercial items.

Sec. 867. Notice of cost-free Federal procurement technical assistance in connection with registration of small business concerns on procurement websites of the Department of Defense.

Sec. 868. Comptroller General report on contractor business system requirements.

Sec. 869. Standard guidelines for evaluation of requirements for services contracts.

Sec. 870. Temporary limitation on aggregate annual amount available for contract services.

Sec. 901. Responsibility of the Chief Information Officer of the Department of Defense for risk management activities regarding supply chain for information technology systems.

Sec. 902. Repeal of Office of Corrosion Policy and Oversight.

Sec. 903. Designation of corrosion control and prevention executives for the military departments.

Sec. 904. Maintaining civilian workforce capabilities to sustain readiness, the all volunteer force, and operational effectiveness.

Sec. 911. Redesignation of the Department of the Navy as the Department of the Navy and Marine Corps.

Sec. 912. Conforming amendments to title 10, United States Code.

Sec. 913. Other provisions of law and other references.

Sec. 914. Effective date.

Sec. 921. Transition of the Office of the Secretary of Defense to reflect establishment of positions of Under Secretary of Defense for Research and Engineering, Under Secretary of Defense for Acquisition and Sustainment, and Chief Management Officer.

Sec. 922. Extension of deadlines for reporting and briefing requirements for Commission on the National Defense Strategy for the United States.

Sec. 923. Briefing on force management level policy.

Sec. 1001. General transfer authority.

Sec. 1002. Preparation of consolidated corrective action plan and implementation of centralized reporting system.

Sec. 1003. Additional requirements relating to Department of Defense audits.

Sec. 1011. National Defense Sealift Fund.

Sec. 1012. National Defense Sealift Fund: construction of national icebreaker vessels.

Sec. 1013. Use of National Sea-Based Deterrence Fund for multiyear procurement of certain critical components.

Sec. 1014. Restrictions on the overhaul and repair of vessels in foreign shipyards.

Sec. 1015. Availability of funds for retirement or inactivation of Ticonderoga-class cruisers or dock landing ships.

Sec. 1016. Policy of the United States on minimum number of battle force ships.

Sec. 1021. Termination of requirement to submit annual budget justification display for Department of Defense combating terrorism program.

Sec. 1022. 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. 1023. 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. 1024. Prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to certain countries.

Sec. 1025. Biannual report on support of special operations to combat terrorism.

Sec. 1031. Limitation on expenditure of funds for emergency and extraordinary expenses for intelligence and counter-intelligence activities and representation allowances.

Sec. 1032. Modifications to humanitarian demining assistance authorities.

Sec. 1033. Prohibition on charge of certain tariffs on aircraft traveling through channel routes.

Sec. 1034. Limitation on divestment of U-2 or RQ-4 aircraft.

Sec. 1035. Prohibition on use of funds for retirement of legacy maritime mine countermeasures platforms.

Sec. 1036. Restriction on use of certain funds pending solicitation of bids for Western Pacific dry dock.

Sec. 1037. National Guard flyovers of public events.

Sec. 1038. Transfer of funds to World War I Centennial Commission.

Sec. 1039. Rule of construction regarding use of Department of Defense funding of a border wall.

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

Sec. 1052. Report on Department of Defense arctic capability and resource gaps.

Sec. 1053. Review and assessment of Department of Defense personnel recovery and nonconventional assisted recovery mechanisms.

Sec. 1054. Mine warfare readiness inspection plan and report.

Sec. 1055. Report on civilian casualties from Department of Defense strikes.

Sec. 1056. Reports on infrastructure and capabilities of Lajes Field, Portugal.

Sec. 1057. Report on Joint Pacific Alaska Range Complex modernization.

Sec. 1061. Technical, conforming, and clerical amendments.

Sec. 1062. Workforce issues for relocation of Marines to Guam.

Sec. 1063. Protection of Second Amendment Rights of Military Families.

Sec. 1064. Transfer of surplus firearms to corporation for the promotion of rifle practice and firearms safety.

Sec. 1065. National Guard accessibility to Department of Defense issued unmanned aircraft.

Sec. 1066. Sense of Congress regarding aircraft carriers.

Sec. 1067. Notice to Congress of terms of Department of Defense settlement agreements.

Sec. 1068. Sense of Congress recognizing the United States Navy Seabees.

Sec. 1069. Recognition of the United States Special Operations Command.

Sec. 1070. Sense of Congress regarding World War I.

Sec. 1071. Findings and sense of Congress regarding the National Guard Youth Challenge Program.

Sec. 1072. Sense of Congress regarding National Purple Heart Recognition Day.

Sec. 1101. Extension of direct hire authority for domestic Defense Industrial Base Facilities and Major Range and Test Facilities Base.

Sec. 1102. Extension of authority to provide voluntary separation incentive pay for civilian employees of the Department of Defense.

Sec. 1103. Additional Department of Defense science and technology reinvention laboratories.

Sec. 1104. One year extension 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. Direct hire authority for financial management experts in the Department of Defense workforce.

Sec. 1107. Extension of authority for temporary personnel flexibilities for domestic defense industrial base facilities and Major Range and Test Facilities Base civilian personnel.

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

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

Sec. 1202. Modification to Special Defense Acquisition Fund.

Sec. 1203. Modification to ministry of defense advisor authority.

Sec. 1204. Modification of authority to build capacity of foreign security forces.

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

Sec. 1206. Extension of participation in and support of the Inter-American Defense College.

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

Sec. 1212. Report on United States strategy in Afghanistan.

Sec. 1213. Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations.

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

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

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 threats posed by the Government of Iran.

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

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

Sec. 1233. Statement of policy on the Russian Federation.

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

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

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

Sec. 1237. Sense of Congress on support for Georgia.

Sec. 1238. Sense of Congress on support for Estonia, Latvia, and Lithuania.

Sec. 1241. Short title.

Sec. 1242. Findings.

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

Sec. 1244. Development of INF range ground-launched missile system.

Sec. 1245. Notification requirement related to Russian Federation development of noncompliant systems and United States actions regarding material breach of INF Treaty by the Russian Federation.

Sec. 1246. Limitation on availability of funds to extend the implementation of the New START Treaty.

Sec. 1247. Review of RS–26 ballistic missile.

Sec. 1248. Definitions.

Sec. 1251. Short title.

Sec. 1252. Findings and sense of Congress.

Sec. 1253. Strategy to counter threats by the Russian Federation.

Sec. 1254. Strategy to increase conventional precision strike weapon stockpiles in the United States European Command’s areas of responsibility.

Sec. 1255. Plan to counter the military capabilities of the Russian Federation.

Sec. 1256. Plan to increase cyber and information operations, deterrence, and defense.

Sec. 1257. Sense of Congress on enhancing maritime capabilities.

Sec. 1258. Plan to reduce the risks of miscalculation and unintended consequences that could precipitate a nuclear war.

Sec. 1259. Definitions.

Sec. 1261. Sense of Congress on the Indo-Asia-Pacific region.

Sec. 1262. Report on strategy to prioritize United States defense interests in the Indo-Asia-Pacific region.

Sec. 1263. Assessment of United States force posture and basing needs in the Indo-Asia-Pacific region.

Sec. 1264. Extended deterrence commitment to the Asia-Pacific region.

Sec. 1265. Authorization of appropriations to meet United States financial obligations under Compact of Free Association with Palau.

Sec. 1266. Sense of Congress reaffirming security commitments to the Governments of Japan and South Korea and trilateral cooperation between the United States, Japan, and South Korea.

Sec. 1267. Sense of Congress on freedom of navigation operations in the South China Sea.

Sec. 1268. Sense of Congress on strengthening the defense of Taiwan.

Sec. 1269. Sense of Congress on the Association of Southeast Asian Nations.

Sec. 1270. Sense of Congress on reaffirming the importance of the United States-Australia defense alliance.

Sec. 1271. NATO Cooperative Cyber Defense Center of Excellence.

Sec. 1272. NATO Strategic Communications Center of Excellence.

Sec. 1273. Security and stability strategy for Somalia.

Sec. 1274. Assessment of Global Theater Security Cooperation Management Information System.

Sec. 1275. Future years plan for the European Deterrence Initiative.

Sec. 1276. Extension of authority to enter into agreements with participating countries in the American, British, Canadian, and Australian Armies’ Program.

Sec. 1277. Security strategy for Yemen.

Sec. 1278. Limitation on transfer of excess defense articles that are high mobility multi-purpose wheeled vehicles.

Sec. 1279. Department of Defense program to protect United States students against foreign agents.

Sec. 1280. Extension of United States-Israel anti-tunnel cooperation authority.

Sec. 1281. Anticorruption strategy.

Sec. 1301. Specification of cooperative threat reduction funds.

Sec. 1302. Funding allocations.

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.

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. 1501. Purpose and treatment 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.

Sec. 1511. Treatment as additional authorizations.

Sec. 1512. Special transfer authority.

Sec. 1521. Afghanistan Security Forces Fund.

Sec. 1522. Joint Improvised-Threat Defeat Fund.

Sec. 1601. Establishment of Space Corps in the Department of the Air Force.

Sec. 1602. Establishment of subordinate unified command of the United States Strategic Command.

Sec. 1611. Codification, extension, and modification of limitation on construction on United States territory of satellite positioning ground monitoring stations of foreign governments.

Sec. 1612. Foreign commercial satellite services: cybersecurity threats and launches.

Sec. 1613. Extension of pilot program on commercial weather data.

Sec. 1614. Conditional transfer of acquisition and funding authority of certain weather missions to National Reconnaissance Office.

Sec. 1615. Evolved Expendable Launch Vehicle modernization and sustainment of assured access to space.

Sec. 1616. Commercial satellite communications pathfinder program.

Sec. 1617. Demonstration of backup and complementary positioning, navigation, and timing capabilities of Global Positioning System.

Sec. 1618. Enhancement of positioning, navigation, and timing capacity.

Sec. 1619. Establishment of Space Flag training event.

Sec. 1620. Report on operational and contingency plans for loss or degradation of space capabilities.

Sec. 1621. Limitation on availability of funding for Joint Space Operations Center mission system.

Sec. 1622. Limitation on availability of funds relating to advanced extremely high frequency program.

Sec. 1631. Security clearances for facilities of certain contractors.

Sec. 1632. Extension of authority to engage in certain commercial activities.

Sec. 1633. Submission of audits of commercial activity funds.

Sec. 1634. Clarification of annual briefing on the intelligence, surveillance, and reconnaissance requirements of the combatant commands.

Sec. 1635. Review of support provided by Defense intelligence elements to acquisition activities of the Department.

Sec. 1636. Limitation on availability of funds for certain offensive counterintelligence activities.

Sec. 1637. Prohibition on availability of funds for certain relocation activities for NATO intelligence fusion center.

Sec. 1638. Establishment of chairman’s controlled activity within Joint Staff for intelligence, surveillance, and reconnaissance.

Sec. 1639. Sense of Congress and report on geospatial commercial activities for basic and applied research and development.

Sec. 1640. Department of Defense Counterintelligence polygraph program.

Sec. 1641. Security clearance for dual-nationals.

Sec. 1642. Suspension or revocation of security clearances based on unlawful or inappropriate contacts with representatives of a foreign government.

Sec. 1651. Notification requirements for sensitive military cyber operations and cyber weapons.

Sec. 1652. Modification to quarterly cyber operations briefings.

Sec. 1653. Cyber Scholarship Program.

Sec. 1654. Plan to increase cyber and information operations, deterrence, and defense.

Sec. 1655. Report on termination of dual-hat arrangement for Commander of the United States Cyber Command.

Sec. 1661. Notifications regarding dual-capable F–35A aircraft.

Sec. 1662. Oversight of delayed acquisition programs by Council on Oversight of the National Leadership Command, Control, and Communications System.

Sec. 1663. Establishment of Nuclear Command and Control Intelligence Fusion Center.

Sec. 1664. Security of nuclear command, control, and communications system from commercial dependencies.

Sec. 1665. Oversight of aerial-layer programs by Council on Oversight of the National Leadership Command, Control, and Communications System.

Sec. 1666. Security classification guide for programs relating to nuclear command, control, and communications and nuclear deterrence.

Sec. 1667. Evaluation and enhanced security of supply chain for nuclear command, control, and communications and continuity of government programs.

Sec. 1668. Limitation on pursuit of certain command and control concept.

Sec. 1669. Procurement authority for certain parts of intercontinental ballistic missile fuzes.

Sec. 1670. Sense of Congress on importance of independent nuclear deterrent of United Kingdom.

Sec. 1671. Prohibition on availability of funds for mobile variant of ground-based strategic deterrent missile.

Sec. 1672. Report on impacts of nuclear proliferation.

Sec. 1681. Administration of missile defense and defeat programs.

Sec. 1682. Preservation of the ballistic missile defense capacity of the Army.

Sec. 1683. Modernization of Army lower tier air and missile defense sensor.

Sec. 1684. Enhancement of operational test and evaluation of ballistic missile defense system.

Sec. 1685. Defense of Hawaii from North Korean ballistic missile attack.

Sec. 1686. Aegis Ashore anti-air warfare capability.

Sec. 1687. Iron Dome short-range rocket defense system, Israeli cooperative missile defense program codevelopment and coproduction, and Arrow 3 testing.

Sec. 1688. Review of proposed ground-based midcourse defense system contract.

Sec. 1689. Sense of Congress and plan for development of space-based sensor layer for ballistic missile defense.

Sec. 1690. Sense of Congress and plan for development of space-based ballistic missile intercept layer.

Sec. 1691. Limitation on availability of funds for ground-based midcourse defense element of the ballistic missile defense system.

Sec. 1692. Conventional prompt global strike weapons system.

Sec. 1693. Determination of location of continental United States interceptor site.

Sec. 1695. Protection of certain facilities and assets from unmanned aircraft.

Sec. 1696. Use of commercial items in Distributed Common Ground Systems.

Sec. 1697. Independent assessment of costs relating to ammonium perchlorate.

Sec. 1698. Limitation and business case analysis regarding ammonium perchlorate.

Sec. 1699. Industrial base for large solid rocket motors and related technologies.

Sec. 1699A. Pilot program on enhancing information sharing for security of supply chain.

Sec. 1699B. Commission to Assess the Threat to the United States From Electromagnetic Pulse Attacks and Events.

Sec. 1699C. Pilot program on electromagnetic spectrum mapping.

Sec. 1701. Improving reporting on small business goals.

Sec. 1702. Uniformity in procurement terminology.

Sec. 1703. Responsibilities of commercial market representatives.

Sec. 1704. Responsibilities of Business Opportunity Specialists.

Sec. 1711. Office of Women’s Business Ownership.

Sec. 1712. Women’s Business Center Program.

Sec. 1713. Matching requirements under Women's Business Center Program.

Sec. 1721. SCORE reauthorization.

Sec. 1722. SCORE program.

Sec. 1723. Online component.

Sec. 1724. Study and report on the future role of the SCORE program.

Sec. 1725. Technical and conforming amendments.

Sec. 1731. Use of authorized entrepreneurial development programs.

Sec. 1732. Marketing of services.

Sec. 1733. Data collection.

Sec. 1734. Fees from private partnerships and cosponsorships.

Sec. 1735. Equity for small business development centers.

Sec. 1736. Confidentiality requirements.

Sec. 1737. Limitation on award of grants to small business development centers.

Sec. 1741. Modification of past performance pilot program to include consideration of past performance with allies of the United States.

Sec. 2001. Short title.

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

Sec. 2003. Effective date.

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

Sec. 2102. Family housing.

Sec. 2103. Improvements to military family housing units.

Sec. 2104. Authorization of appropriations, Army.

Sec. 2105. Modification of authority to carry out certain Fiscal Year 2014 project.

Sec. 2106. Modification of authority to carry out certain Fiscal Year 2015 project.

Sec. 2107. Extension of authorization of certain Fiscal Year 2014 project.

Sec. 2108. Extension of authorizations of certain Fiscal Year 2015 projects.

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

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

Sec. 2202. Family housing.

Sec. 2203. Improvements to military family housing units.

Sec. 2204. Authorization of appropriations, Navy.

Sec. 2205. Extension of authorizations for certain Fiscal Year 2014 projects.

Sec. 2206. Extension of authorizations of certain Fiscal Year 2015 projects.

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

Sec. 2302. Family housing.

Sec. 2303. Improvements to military family housing units.

Sec. 2304. Authorization of appropriations, Air Force.

Sec. 2305. Modification of authority to carry out certain Fiscal Year 2017 projects.

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

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

Sec. 2402. Authorized energy resiliency and conservation projects.

Sec. 2403. Authorization of appropriations, Defense Agencies.

Sec. 2404. Modification of authority to carry out certain Fiscal Year 2017 project.

Sec. 2405. Extension of authorizations of certain Fiscal Year 2014 projects.

Sec. 2406. Extension of authorizations of certain Fiscal Year 2015 projects.

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

Sec. 2502. Authorization of appropriations, NATO.

Sec. 2511. Republic of Korea funded construction projects.

Sec. 2512. Modification of authority to carry out certain Fiscal Year 2017 projects.

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.

Sec. 2611. Modification of authority to carry out certain Fiscal Year 2015 project.

Sec. 2612. Extension of authorizations of certain Fiscal Year 2014 projects.

Sec. 2613. Extension of authorizations of certain Fiscal Year 2015 projects.

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

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

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

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

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

Sec. 2804. Use of operation and maintenance funds for military construction projects to replace facilities damaged or destroyed by natural disasters or terrorism incidents.

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

Sec. 2812. Clarification of applicability of fair market value consideration in grants of easements on military lands for rights-of-way.

Sec. 2813. Criteria for exchanges of property at military installations.

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

Sec. 2815. Requirements for window fall prevention devices in military family housing.

Sec. 2816. Authorizing reimbursement of States for costs of suppressing wildfires caused by Department of Defense activities on State lands; restoration of lands of other Federal agencies for damage caused by Department of Defense vehicle mishaps.

Sec. 2817. Prohibiting collection of additional amounts from members living in units under Military Housing Privatization Initiative.

Sec. 2821. Land exchange, Naval Industrial Reserve Ordnance Plant, Sunnyvale, California.

Sec. 2822. Land conveyance, Naval Ship Repair Facility, Guam.

Sec. 2823. Lease of real property to the United States Naval Academy Alumni Association and Naval Academy Foundation at United States Naval Academy, Annapolis, Maryland.

Sec. 2824. Land Conveyance, Natick Soldier Systems Center, Massachusetts.

Sec. 2825. Imposition of additional conditions on land conveyance, Castner Range, Fort Bliss, Texas.

Sec. 2826. Land conveyance, Wasatch-Cache National Forest, Rich County, Utah.

Sec. 2827. Land conveyance, former missile alert facility known as Quebec-01, Laramie County, Wyoming.

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

Sec. 2832. Temporary segregation from public land laws of property subject to proposed military land withdrawal; temporary use permits and transfers of small parcels of land between Departments of Interior and military departments; more efficient surveying of lands.

Sec. 2841. Modification of prohibition on transfer of veterans memorial objects to foreign governments without specific authorization in law.

Sec. 2842. Recognition of the National Museum of World War II Aviation.

Sec. 2843. Principal office of Aviation Hall of Fame.

Sec. 2851. Short title.

Sec. 2852. Definitions.

Sec. 2853. Areas to be added to Shiloh National Military Park.

Sec. 2854. Establishment of affiliated area.

Sec. 2855. Private Property Protection.

Sec. 2861. Modification of Department of Defense guidance on use of airfield pavement markings.

Sec. 2862. Authority of Chief Operating Officer of Armed Forces Retirement Home to acquire and lease property.

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

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

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

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

Sec. 2905. Authorization of appropriations.

Sec. 2906. Extension of authorization of certain Fiscal Year 2015 projects.

Sec. 3101. National Nuclear Security Administration.

Sec. 3102. Defense environmental cleanup.

Sec. 3103. Other defense activities.

Sec. 3104. Nuclear energy.

Sec. 3111. Nuclear security enterprise infrastructure recapitalization and repair.

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

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

Sec. 3114. Budget requests and certification regarding nuclear weapons dismantlement.

Sec. 3115. Improved information relating to defense nuclear nonproliferation research and development program.

Sec. 3116. Research and development of advanced naval reactor fuel based on low-enriched uranium.

Sec. 3117. Prohibition on availability of funds for programs in Russian Federation.

Sec. 3118. National Nuclear Security Administration pay and performance system.

Sec. 3119. Disposition of weapons-usable plutonium.

Sec. 3120. Modification of minor construction threshold for plant projects.

Sec. 3121. Design competition.

Sec. 3122. Department of Energy Counterintelligence polygraph program.

Sec. 3123. Security clearance for dual-nationals employed by National Nuclear Security Agency.

Sec. 3131. Modification of certain reporting requirements.

Sec. 3132. Assessment of management and operating contracts of national security laboratories.

Sec. 3133. Evaluation of classification of certain defense nuclear waste.

Sec. 3134. Report on Critical Decision–1 on Material Staging Facility project.

Sec. 3135. Modification to stockpile stewardship, management, and responsiveness plan.

Sec. 3136. Improved reporting for anti-smuggling radiation detection systems.

Sec. 3137. Annual selected acquisition reports on certain hardware relating to defense nuclear nonproliferation.

Sec. 3138. Assessment of design trade options of W80-4 warhead.

Sec. 3201. Authorization.

Sec. 3401. Authorization of appropriations.

Sec. 3501. Authorization of the Maritime Administration.

Sec. 3502. Merchant Ship Sales Act of 1946.

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

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

Sec. 3505. Assistance for small shipyards.

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

Sec. 3507. Centers of excellence.

Sec. 4001. Authorization of amounts in funding tables.

Sec. 4101. Procurement.

Sec. 4102. Procurement for overseas contingency operations.

Sec. 4103. Procurement for overseas contingency operations for base requirements.

TITLE XLII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION


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

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

Sec. 4203. Research, development, test, and evaluation for overseas contingency operations for base requirements.

Sec. 4301. Operation and maintenance.

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

Sec. 4303. Operation and maintenance for overseas contingency operations for base requirements.

Sec. 4401. Military personnel.

Sec. 4402. Military personnel for overseas contingency operations.

Sec. 4403. Military personnel for overseas contingency operations for base requirements.

Sec. 4501. Other authorizations.

Sec. 4502. Other authorizations for overseas contingency operations.

Sec. 4601. Military construction.

Sec. 4602. Military construction for overseas contingency operations.

Sec. 4701. 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.

SEC. 101. Authorization of appropriations.

Funds are hereby authorized to be appropriated for fiscal year 2018 for procurement for the Army, the Navy and the Marine Corps, the Air Force, and Defense-wide activities, as specified in the funding table in section 4101.

SEC. 111. Report on acceleration of Increment 2 of the Warfighter Information Network-Tactical.

(a) Report.—Not later than January 30, 2018, the Secretary of the Army shall submit to the congressional defense committees a report on options for the acceleration of the procurement and fielding of Increment 2 of the Warfighter Information Network-Tactical program of the Army (referred to in this section as “WIN-T Increment 2”).

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

(1) An estimate of the level of funding required to procure a sufficient quantity of WIN-T Increment 2 components to field thirty Brigade Combat Teams or equivalent units in the period beginning with fiscal year 2018 and ending with fiscal year 2022.

(2) A plan for fielding WIN-T Increment 2 to all Armored Brigade Combat Teams of the Army and associated combat vehicles, including the Armored Multipurpose Vehicle.

(3) A plan for integrating WIN-T Increment 2 on the Stryker combat vehicles fielded to Stryker Brigade Combat Teams of the Army.

(4) A list of potential upgrades to WIN-T Increment 2 that may improve program capabilities, including size, weight, and complexity, and the impact of these improvements on the cost of the program.

(5) Options for fielding an Expeditionary Command Post capability that effectively integrates WIN-T Increment 2 and command post infrastructure.

(6) A detailed plan for upgrading the existing WIN-T Increment 1 system to the latest WIN-T Increment 2 configuration that includes—

(A) an estimate of the level of funding required to implement the plan; and

(B) the effect of the plan on the fielding of mobile mission command to the reserve components of the Army.

(7) Any other matters the Secretary determines to be appropriate.

SEC. 121. Aircraft carriers.

(a) Sense of congress on increase in number of operational aircraft carriers.—

(1) FINDINGS.—Congress finds the following:

(A) Aircraft carriers are an essential element of the Navy’s core missions of forward presence, sea control, ensuring safe sea lanes, and power projection, and provide the flexibility and versatility necessary for the execution of a wide range of additional missions.

(B) 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.

(C) Aircraft carriers provide the Nation the ability to rapidly and decisively respond to national threats, to conduct worldwide, on-station diplomacy, and to deter threats to allies, partners, and friends of the United States.

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

(E) Due to the increased array of complex threats across the globe, the Navy’s aircraft carriers are operating at maximum capacity, increasing deployment lengths and decreasing maintenance periods in order to meet operational requirements.

(F) To meet global peacetime and wartime requirements, the Navy has indicated a requirement to maintain two aircraft carriers deployed overseas and to 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.

(G) 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.

(H) The continued use of a diminished aircraft carrier force structure has resulted in extensive maintenance availabilities which typically exceed program costs and increase time in shipyards. These expansive maintenance availabilities exacerbate existing carrier gaps.

(I) Because of maintenance overhaul extensions, the Navy is truncating basic aircraft carrier training to expedite the deployment of available aircraft carriers. Limiting aircraft carrier training decreases operational capabilities and increases risks to sailors.

(J) Despite the objections of the Navy, the Under Secretary of Defense for Acquisition, Technology, and Logistics directed the Navy on August 7, 2015, to perform shock trials on the U.S.S. Gerald R. Ford (CVN–78). The Assistant Deputy Chief of Naval Operations for Operations, Plans and Strategy indicated that this action could delay the introduction of the U.S.S. Gerald R. Ford (CVN–78) to the fleet by up to two years, exacerbating existing carrier gaps.

(K) The Navy has adopted a two-phase acquisition strategy for the U.S.S. John F. Kennedy (CVN–79), an action that will delay the introduction of this aircraft carrier by up to two years, exacerbating existing carrier gaps.

(L) 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.

(M) 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.” Furthermore, a new National Defense Strategy is being prepared that will assess the defeat/deny force sizing direction and may increase the force structure associated with aircraft carriers.

(2) SENSE OF CONGRESS.—It is the sense of Congress that—

(A) the United States should expedite delivery of 12 aircraft carriers;

(B) an aircraft carrier should be authorized every three years;

(C) shock trials should be conducted on the U.S.S. John F. Kennedy (CVN–79), as initially proposed by the Navy;

(D) construction for the U.S.S. John F. Kennedy (CVN–79) should be accomplished in a single phase; and

(E) the United States should continue the Ford class design for the aircraft carrier designated CVN–81.

(b) Increase in number of operational aircraft carriers.—

(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, 2023.

(c) Shock trials for CVN–78.—Section 128 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 751) is amended—

(1) by striking subsections (a) and (b); and

(2) by redesignating subsections (c) and (d) as subsections (a) and (b), respectively.

(d) Procurement authority for aircraft carrier programs.—

(1) PROCUREMENT AUTHORITY IN SUPPORT OF CONSTRUCTION OF FORD CLASS AIRCRAFT CARRIERS.—

(A) AUTHORITY FOR ECONOMIC ORDER QUANTITY.—The Secretary of the Navy may procure materiel and equipment in support of the construction of the Ford class aircraft carriers designated CVN–81 and CVN–82 in economic order quantities when cost savings are achievable.

(B) LIABILITY.—Any contract entered into under subparagraph (A) shall provide that any obligation of the United States to make a payment under the contract is subject to the availability of appropriations for that purpose, and that total liability to the Government for termination of any contract entered into shall be limited to the total amount of funding obligated at time of termination.

(2) REFUELING AND COMPLEX OVERHAUL OF NIMITZ CLASS AIRCRAFT CARRIERS.—

(A) IN GENERAL.—The Secretary of the Navy may carry out the nuclear refueling and complex overhaul of each of the following Nimitz class aircraft carriers:

(i) U.S.S. John C. Stennis (CVN–74).

(ii) U.S.S. Harry S. Truman (CVN–75).

(iii) U.S.S. Ronald Reagan (CVN–76).

(iv) U.S.S. George H.W. Bush (CVN–77).

(B) USE OF INCREMENTAL FUNDING.—With respect to any contract entered into under subparagraph (A) for the nuclear refueling and complex overhaul of a Nimitz class aircraft carrier, the Secretary may use incremental funding for a period not to exceed six years after advance procurement funds for such nuclear refueling and complex overhaul effort are first obligated.

(C) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—Any contract entered into under subparagraph (A) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2018 is subject to the availability of appropriations for that purpose for that later fiscal year.

SEC. 122. Procurement authority for icebreaker vessels.

(a) Authority.—The Secretary of the Department in which the Coast Guard is operating may enter into a contract or other agreement with the Secretary of the Navy under which the Navy shall act as general agent for the Department in which the Coast Guard is operating for the purpose of entering into a contract on behalf of such Department, beginning with the fiscal year 2018 program year, for the procurement of the following:

(1) Not more than three heavy icebreaker vessels.

(2) Not more than three medium icebreaker vessels.

(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 2018 is subject to the availability of appropriations for that purpose for such later fiscal year.

(c) Definitions.—In this section:

(1) HEAVY ICEBREAKER VESSEL.—The term “heavy icebreaker vessel” means a vessel that is able—

(A) to break through nonridged ice that is not less than six feet thick at a speed of three knots;

(B) to break through ridged ice that is not less than 21 feet thick; and

(C) to operate continuously for 80 days without replenishment.

(2) MEDIUM ICEBREAKER VESSEL.—The term “medium icebreaker vessel” means a vessel that is able—

(A) to break through nonridged ice that is not less than four and one-half feet thick at a speed of three knots; and

(B) to operate continuously for 80 days without replenishment.

SEC. 123. Limitation on availability of funds for procurement of icebreaker vessels.

(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 Department of Defense for fiscal year 2018 may be obligated or expended for the procurement of an icebreaker vessel.

(b) Exception.—Notwithstanding the limitation in subsection (a), the Secretary of the Navy may use funds described in such subsection to act as general agent for the Department in which the Coast Guard is operating pursuant to a contract or other agreement entered into under section 122.

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

(a) Authority for multiyear procurement.—Subject to section 2306b of title 10, United States Code, the Secretary of the Navy may enter into one or more multiyear contracts, beginning with the fiscal year 2019 program year, for the procurement of up to 13 Virginia class submarines at a rate of not more than 3 submarines per year during the covered period.

(b) Baseline estimate.—Before entering into any contract for the procurement of a Virginia class submarine under subsection (a), the Secretary of Navy shall determine a baseline estimate for the submarine in accordance with section 2435 of title 10, United States Code.

(c) Limitation.—The Secretary of the Navy may not enter into a contract for the procurement of a Virginia class submarine under subsection (a) if the contract would increase the cost of the submarine by more than 10 percent above the baseline estimate for the submarine determined under subsection (b).

(d) Authority for advance procurement.—The Secretary may enter into one or more contracts, beginning in fiscal year 2018, for advance procurement—

(1) associated with the vessels for which authorization to enter into a multiyear procurement contract is provided under subsection (a); and

(2) for other equipment and subsystems associated with the Virginia class submarine program.

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

(f) Definitions.—In this section:

(1) COVERED PERIOD.—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.

(2) VIRGINIA CLASS SUBMARINE.—The term “Virginia class submarine” means a block V configured Virginia class submarine.

SEC. 125. Multiyear procurement authority for Arleigh Burke class destroyers and associated systems.

(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 2018 program year, for the procurement of—

(1) up to 15 Arleigh Burke class Flight III guided missile destroyers at a rate of not more than three such destroyers per year during the covered period; and

(2) the Aegis weapon systems, AN/SPY–6(v) air and missile defense radar systems, MK 41 vertical launching systems, and commercial broadband satellite systems associated with such vessels.

(b) Baseline estimate.—Before entering into any contract for the procurement of an Arleigh Burke class destroyer under subsection (a), the Secretary of Navy shall determine a baseline estimate for the destroyer in accordance with section 2435 of title 10, United States Code.

(c) Limitation.—The Secretary of the Navy may not enter into a contract for the procurement of a Arleigh Burke class destroyer or any major subprogram under subsection (a) if the contract would increase the cost of the destroyer by more than 10 percent above the baseline estimate for the destroyer determined under subsection (b).

(d) Authority for advance procurement.—The Secretary may enter into one or more contracts, beginning in fiscal year 2018, for advance procurement associated with the vessels and systems for which authorization to enter into a multiyear procurement contract is provided under subsection (a).

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

(f) Covered period defined.—The term “covered period” means the 5-year period beginning with the fiscal year 2018 program year and ending with the fiscal year 2022 program year.

SEC. 126. Limitation on availability of funds for Arleigh Burke class destroyer.

(a) Limitation.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2017 for procurement, that are unobligated as of the date of the enactment of this Act, may be obligated or expended to procure an Arleigh Burke class destroyer (DDG–51) unless not fewer than two covered destroyers include an AN/SPY–6(V) air and missile defense radar system.

(b) Waiver.—The Secretary of the Navy may waive the limitation in subsection (a) if the Secretary determines that the cost or schedule risk associated with the integration of the AN/SPY–6(V) air and missile defense radar is unacceptable or incongruous with a business case that relies on stable design, technology maturity, and realistic cost and schedule estimates.

(c) Covered destroyer defined.—In this section, the term “covered destroyer” means an Arleigh Burke class destroyer (DDG–51) for which funds were authorized to be appropriated by the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92) or the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328).

SEC. 127. Extensions of authorities relating to construction of certain vessels.

(a) Extension of authority to use incremental funding for LHA Replacement.—Section 122(a) of the National Defense Authorization Act for fiscal year 2017 (114–328; 130 Stat. 2030) is amended by striking “for fiscal years 2017 and 2018” and inserting “for fiscal years 2017, 2018, and 2019”.

(b) Extension of Ford class aircraft carrier construction authority.—Section 121(a) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2104), as most recently amended by section 121 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1654), is amended by striking “five fiscal years” and inserting “seven fiscal years”.

SEC. 128. Multiyear procurement authority for V–22 Osprey aircraft.

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

(1) V–22 Osprey aircraft.

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

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

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

SEC. 131. Streamlining acquisition of intercontinental ballistic missile security capability.

(a) Findings.—Congress finds the following:

(1) On September 25, 2014, then Secretary of the Air Force, Deborah Lee James, submitted a report to Congress on the replacement strategy of the Air Force for the UH–1N helicopter, which included the following information:

(A) On the age of the airframe: “The UH–1N is a versatile utility helicopter that was accepted into service from 1968-1969.”.

(B) On the ability to meet requirements: “The entire fleet supports five general homeland security missions…The ability of the UH–1N to accomplish these missions was evaluated in 2006, and the aircraft was found to be ‘not effective.’ The shortcomings of the UH–1N were derived from specific mission requirements for carrying capacity, airspeed, unrefueled endurance, mission range, force protection for the floor, specific protection for all aircrew and passengers, survivability, and materiel availability.”.

(C) Regarding previous efforts to acquire a replacement aircraft, the report identified efforts that date back to 2006, including—

(i) an initial analysis of alternatives by Air Force Space Command in 2006;

(ii) the common vertical lift support platform program, which was cancelled in 2013;

(iii) two RAND corporation studies funded in 2013; and

(iv) the then-current proposal of the Air Force to procure modified Army UH–60 helicopters.

(2) On February 24, 2016, at a hearing before the Committee on Armed Services of the House of Representatives, in response to concerns related to lift, capacity, and hover time of the UH–1N, then Commander of the United States Strategic Command, Admiral Cecil Haney stated: “Congressman, absolutely, in terms of thinking very crisply associated with what we need to do to improve security of our missile fields… the attributes you listed are the attributes that concern me in terms of the capability, not just now, but into the future.”.

(3) On March 2, 2016, at a hearing before the Committee on Armed Services of the House of Representatives, the Commander of Air Force Global Strike Command, General Robin Rand stated: “We will not meet the emergency security response with the present helicopter.”.

(4) On April 4, 2017, at a hearing before the Committee on Armed Services of the Senate, the Commander of the United States Strategic Command, General John E. Hyten stated: “Of all the things in my portfolio, I can’t even describe how upset I get about the helicopter replacement program. It’s a helicopter, for gosh sakes. We ought to be able to go out and buy a helicopter and put it in the hands of the people that need it. And we should be able to do that quickly. We’ve been building combat helicopters for a long time in this country. I don’t understand why the heck it is so hard to buy a helicopter.”.

(b) Sense of Congress.—It is the sense of Congress that, based on the findings under subsection (a), the Secretary of Defense should have the authority to expedite the procurement of a replacement aircraft for the UH–1N helicopter.

(c) Waiver and contract authority.—Subject to subsection (d), in procuring a replacement aircraft for the UH–1N helicopter, the Secretary of Defense may—

(1) waive any provision of law requiring the use of competitive procedures for the procurement; and

(2) enter into a contract for the procurement on a sole-source basis.

(d) Notice and certification.—Not later than 15 days before exercising the authority under subsection (c), the Secretary shall submit to the congressional defense committees, in writing—

(1) notice of the intent of the Secretary to exercise such authority; and

(2) a certification that—

(A) the Secretary has reviewed—

(i) the threshold requirements for the UH–1N replacement aircraft program; and

(ii) any delays that may have occurred while the Air Force pursued strategies for the procurement of such aircraft on an other than sole-source basis; and

(B) after conducting such review, the Secretary has determined that entering into a contract on a sole-source basis under subsection (c)—

(i) is in the national security interests of the United States; and

(ii) is necessary to ensure that a UH–1N replacement aircraft enters service by not later than September 30, 2020.

SEC. 132. Limitation on selection of single contractor for C–130H avionics modernization program increment 2.

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

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

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

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

SEC. 133. Limitation on availability of funds for EC–130H Compass Call recapitalization program.

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

(b) Certification.—The certification described in this subsection is a written statement certifying that—

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

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

SEC. 134. Cost-benefit analysis of upgrades to MQ–9 Reaper aircraft.

(a) In general.—The Secretary of Defense, in consultation with the Secretary of the Air Force, shall conduct an analysis that compares the costs and benefits of the following:

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

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

(b) Report required.—

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

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

SEC. 141. Authority for procurement of economic order quantities for the F–35 aircraft program.

(a) Authority for procurement of economic order quantities.—Subject to subsection (c), the Secretary of Defense may enter into one or more contracts, beginning with the fiscal year 2018 program year, for the procurement of economic order quantities of the material and equipment described in subsection (b).

(b) Material and equipment described.—The material and equipment described in this subsection is material and equipment—

(1) that has completed formal hardware qualification testing for the F–35 aircraft program; and

(2) is to be used in procurement contracts to be awarded under the F–35 aircraft program in fiscal years 2019 and 2020.

(c) Limitations.—

(1) MAXIMUM AMOUNT.—Of the funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense for fiscal year 2018 or any fiscal year thereafter for the F–35 aircraft program, not more than $661,000,000 may be obligated or expended to enter into contracts under subsection (a).

(2) CERTIFICATION.—The Secretary of Defense may not enter into a contract under subsection (a) until a period of 15 days has elapsed following the date on which the Secretary submits to the congressional defense committees a written certification that the contract to be entered into under such subsection meets the following conditions:

(A) The contract will result in significant cost savings as compared to the total anticipated costs of procuring the property through contracts that are not for economic order quantities.

(B) The estimates of the cost of the contract and the anticipated cost savings resulting from the contract are realistic.

(C) The minimum need for the property that is to be procured under the contract is expected to remain substantially unchanged during the contract period.

(D) There is a reasonable expectation that, throughout the contract period, the head of the relevant military department or defense agency will request funding for the contract at the level required to avoid contract cancellation.

(E) The design of the property that is to be procured under the contract is expected to remain substantially unchanged and the technical risks associated with such design are not excessive.

(F) Entering into the contract will promote the national security interests of the United States.

(G) The contract satisfies the conditions described in subparagraphs (C) through (F) of section 2306b(i)(3) of title 10, United States Code.

SEC. 142. Limitation on demilitarization of certain cluster munitions.

(a) Limitation.—Except as provided in subsection (c), the Secretary of Defense may not demilitarize any cluster munitions until the date on which the Secretary of Defense submits to the congressional defense committees the certification described in subsection (b).

(b) Certification.—The certification described in this subsection is a written certification that the Department of Defense has an inventory of covered munitions that meets not less than 75 percent of the operational requirements of the Department with respect to cluster munitions across the full range of military operational environments.

(c) Exception for safety.—The limitation under subsection (a) shall not apply to the demilitarization of cluster munitions that the Secretary determines—

(1) are unserviceable as a result of an inspection, test, field incident, or other significant failure to meet performance or logistics requirements; or

(2) are unsafe or could pose a safety risk if not demilitarized or destroyed.

(d) Definitions.—In this section:

(1) CLUSTER MUNITION.—The term “cluster munition” means a munition that is composed of a nonreusable canister or delivery body that contains multiple, conventional submunitions, without regard to the mode by which the munition is delivered. The term does not include—

(A) nuclear, chemical, or biological weapons;

(B) obscurants;

(C) pyrotechnics;

(D) non-lethal systems;

(E) non-explosive kinetic effect submunitions;

(F) electronic effects; or

(G) landmines.

(2) COVERED MUNITIONS.—The term “covered munitions” means cluster munitions containing submunitions that, after arming, do not result in more than 1 percent unexploded ordnance (as that term is defined in section 101(e)(5) of title 10, United States Code) across the range of intended operational environments.

(3) DEMILITARIZE.—The term “demilitarize”, when used with respect to a cluster munition or components of a cluster munition—

(A) means to destroy the military offensive or defensive advantages inherent in the munition or its components; and

(B) includes any mutilation, scrapping, melting, burning, or alteration that prevents the use of the munition or its components for the military purposes for which the munition or its components was designed or for a lethal purpose.

SEC. 143. Reinstatement of requirement to preserve certain C–5 aircraft.

Section 141 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1659), as amended by section 132 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328), is amended by inserting after subsection (c) the following:

“(d) Preservation of certain retired C–5 aircraft.—The Secretary of the Air Force shall preserve each C–5 aircraft that is retired by the Secretary during a period in which the total inventory of strategic airlift aircraft of the Secretary is less than 301, such that the retired aircraft—

“(1) is stored in flyable condition;

“(2) can be returned to service; and

“(3) is not used to supply parts to other aircraft unless specifically authorized by the Secretary of Defense upon a request by the Secretary of the Air Force.”.

SEC. 144. Requirement that certain aircraft and unmanned aerial vehicles use specified standard data link.

Section 157 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1667) is amended—

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

“(b) Solicitations.—The Secretary of Defense shall—

“(1) ensure that any solicitation issued for a Common Data Link described in subsection (a), regardless of whether the solicitation is issued by a military department or a contractor with respect to a subcontract—

“(A) conforms to a Department of Defense specification standard, including interfaces and waveforms, existing as of the date of the solicitation; and

“(B) does not include any proprietary or undocumented waveforms or control interfaces or data interfaces as a requirement or criterion for evaluation; and

“(2) notify the congressional defense committees not later than 15 days after issuing a solicitation for a Common Data Link to be sunset (CDL-TBS) waveform.”; and

(2) in subsection (c), in the matter preceding paragraph (1)—

(A) by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Deputy Secretary of Defense”;

(B) by striking “Under Secretary” and inserting “Deputy Secretary of Defense” ; and

(C) by inserting “before October 1, 2023” after “committees”.

SEC. 201. Authorization of appropriations.

Funds are hereby authorized to be appropriated for fiscal year 2018 for the use of the Department of Defense for research, development, test, and evaluation, as specified in the funding table in section 4201.

SEC. 211. Cost controls for presidential aircraft recapitalization program.

(a) Fixed capability requirements.—Except as provided in subsection (b), the capability requirements for aircraft procured under the presidential aircraft recapitalization program of the Air Force (referred to in this section as the “PAR Program”) shall be the capability requirements identified in version 7.0 of the system requirement document for the PAR Program dated December 14, 2016.

(b) Adjustments.—The Secretary of the Air Force may adjust the capability requirements described in subsection (a) only if the Secretary submits to the congressional defense committees a written determination that such adjustment is necessary—

(1) to resolve an ambiguity relating to the capability requirement;

(2) to address a problem with the administration of the capability requirement;

(3) to lower the development cost or life-cycle cost of the PAR program;

(4) to comply with a change in international, Federal, State, or local law or regulation that takes effect after September 30, 2017;

(5) to address a safety issue; or

(6) subject to subsection (c), to address an emerging threat or vulnerability.

(c) Limitation on adjustment for emerging threat or vulnerability.—The Secretary of the Air Force may use the authority under paragraph (6) of subsection (b) to adjust the requirements described in subsection (a) only if the Secretary and the Chief of Staff of the Air Force, on a nondelegable basis—

(1) jointly determine that such adjustment is necessary and in the interests of the national security of the United States; and

(2) submit to the congressional defense committees notice of such joint determination.

(d) Form of contracts.—

(1) REQUIREMENT FOR FIXED-PRICE TYPE CONTRACTS.—Of the total amount of funds obligated or expended for contracts for engineering and manufacturing development under the PAR program, not less than 50 percent shall be for fixed-price type contracts.

(2) OTHER CONTRACT TYPES.—Except as provided in paragraph (1), a contract other than a fixed-price type contract may be entered into under the PAR Program only if the service acquisition executive of the Air Force, on a nondelegable basis, approves the contract.

(e) Quarterly briefings.—

(1) IN GENERAL.—Beginning not later than October 1, 2017, and on a quarterly basis thereafter through October 1, 2022, the Secretary of the Air Force shall provide to the Committee on Armed Services of the House of Representatives a briefing on the efforts of the Secretary to control costs under the PAR Program.

(2) ELEMENTS.—Each briefing under paragraph (1) shall include, with respect to the PAR Program, the following:

(A) An overview of the program schedule.

(B) A description of each contract awarded under the program, including a description of the type of contract and the status of the contract.

(C) An assessment of the status of the program with respect to—

(i) modification;

(ii) testing;

(iii) delivery; and

(iv) sustainment.

(f) Service acquisition executive defined.—In this section, the term “service acquisition executive” has the meaning given that term in section 101(a)(10) of title 10, United States Code.

SEC. 212. Capital investment authority.

Section 2208(k)(2) of title 10, United States Code, is amended by striking “$250,000” and inserting “$500,000”.

SEC. 213. Modification of authority to award prizes for advanced technology achievements.

Section 2374a of title 10, United States Code, is amended—

(1) in subsection (a), by striking “to award cash prizes” and inserting “to award prizes, which may be cash prizes or nonmonetary prizes,”;

(2) in subsection (b), by striking “cash prizes” and inserting “prizes”;

(3) in subsection (c)—

(A) in paragraph (1), by striking “cash prize of” and inserting “prize valued at”; and

(B) by adding at the end the following:

“(3) No prize competition may result in the award of a nonmonetary prize valued at more than $10,000 without the approval of the Under Secretary of Defense for Acquisition, Technology, and Logistics.”;

(4) in subsection (e)—

(A) by inserting “or nonmonetary items” after “accept funds”; and

(B) by striking “and from State and local governments,” and inserting “from State and local governments, and from other nongovernmental sources,”; and

(5) by striking subsection (f).

SEC. 214. Critical technologies for Columbia class submarine.

(a) In general.—For purposes of sections 2366b and 2448b(a)(2) of title 10, United States Code, the components identified in subsection (b) are deemed to be critical technologies for the Columbia class ballistic missile submarine construction program.

(b) Critical technologies.—The components identified in this subsection are—

(1) the coordinated stern for the Columbia class ballistic missile submarine;

(2) the electric drive system for the submarine; and

(3) the nuclear reactor for the submarine.

SEC. 215. Joint Hypersonics Transition Office.

(a) Redesignation.—The joint technology office on hypersonics in the Office of the Secretary of Defense is redesignated as the “Joint Hypersonics Transition Office”. Any reference in a law (other than this section), map, regulation, document, paper, or other record of the United States to the joint technology office on hypersonics shall be deemed to be a reference to the Joint Hypersonics Transition Office.

(b) Hypersonics development.—Section 218 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 2358 note), as amended by section 1079(f) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–192; 129 Stat. 999), is amended—

(1) in the heading of subsection (a), by striking “Joint Technology Office on Hypersonics” and inserting “Joint Hypersonics Transition Office”;

(2) in subsection (a)—

(A) in the first sentence, by striking “joint technology office on hypersonics” and inserting “Joint Hypersonics Transition Office (in this section referred to as the ‘Office’)”; and

(B) in the second sentence, by striking “office” and inserting “Office”;

(3) in subsection (b), by striking “joint technology office established under subsection (a)” and inserting “Office”; and

(4) by amending subsection (c) to read as follows:

“(c) Responsibilities.—In carrying out the program required by subsection (b), the Office shall do the following:

“(1) Coordinate and integrate current and future research, development, test, and evaluation programs and system demonstration programs of the Department of Defense on hypersonics.

“(2) Undertake appropriate actions to ensure—

“(A) close and continuous integration of the programs on hypersonics of the military departments and the Defense Agencies with the programs on hypersonics across the Federal Government; and

“(B) that both foundational research and developmental testing resources are adequate and well funded, and that facilities are made available in a timely manner to support hypersonics research, demonstration programs, and system development.

“(3) Approve demonstration programs on hypersonic systems to speed the maturation and deployment of the systems to the warfighter,.

“(4) Ensure that any demonstration program on hypersonic systems that is carried out in any year after its approval under paragraph (3) is carried out only if certified under subsection (e) as being consistent with the roadmap under subsection (d).

“(5) Develop a well-defined path for hypersonic technologies to transition to operational capabilities for the warfighter.”;

(5) in subsection (d)(1), by striking “joint technology office established under subsection (a)” and inserting “Office”; and

(6) in subsection (e)—

(A) in paragraph (1), by striking “joint technology office established under subsection (a)” and inserting “Office”; and

(B) in paragraph (2), by striking “joint technology office” and inserting “Office”.

SEC. 216. Hypersonic airbreathing weapons capabilities.

(a) In general.—The Secretary of Defense may transfer oversight and management of the Hypersonic Airbreathing Weapons Concept from the Defense Advanced Research Projects Agency to a responsible entity of the Air Force. The Secretary of the Air Force, acting through the head of the Air Force Research Laboratory, shall continue—

(1) to develop a reusable hypersonics test bed to further probe the high speed flight corridor and to facilitate the testing and development of hypersonic airbreathing weapon systems;

(2) to explore emerging concepts and technologies for reusable hypersonics weapons systems beyond current hypersonics programs, focused on experimental flight test capabilities; and

(3) to develop defensive technologies and countermeasures against potential and identified hypersonic threats.

(b) Hypersonic airbreathing weapon system defined.—In this section, the term “hypersonic airbreathing weapon system” means a missile or platform with military utility that operates at speeds near or beyond approximately five times the speed of sound, and that is propelled through the atmosphere with an engine that burns fuel with oxygen from the atmosphere that is collected in an inlet.

SEC. 217. Limitation on availability of funds for MQ–25 unmanned air system.

(a) Limitation.—Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2018 for research, development, test, and evaluation, Navy, for the MQ–25 unmanned air system, not more than 75 percent may be obligated or expended until a period of 60 days has elapsed following the date on which the certification and report under subsection (b) have been submitted to the congressional defense committees.

(b) Certification and report.—

(1) CERTIFICATION.—The Secretary of the Navy shall submit to the congressional defense committees a written certification that—

(A) the MQ–25 unmanned air system is required to fill a validated capability gap of the Department of the Navy;

(B) the Chief of Naval Operations has reviewed and approved the initial capability document and the capability development document relating to such system; and

(C) the initial capability document and the capability development document have been provided to the congressional defense committees.

(2) REPORT.—The Assistant Secretary of the Navy for Research, Development, and Acquisition shall submit to the congressional defense committees a report that includes—

(A) an identification of threshold and objective key performance parameters for the MQ–25 unmanned air system;

(B) a certification that the threshold and objective key performance parameters for such system have been established and are achievable; and

(C) a description of the requirements of such system with respect to—

(i) fuel transfer;

(ii) equipment for intelligence, surveillance, and reconnaissance;

(iii) equipment for electronic attack and electronic protection;

(iv) communications equipment;

(v) weapons payload;

(vi) range;

(vii) mission endurance for unrefueled and aerial refueled operations;

(viii) affordability;

(ix) survivability; and

(x) interoperability with other Navy and joint-service unmanned aerial systems and mission control stations.

SEC. 218. Limitation on availability of funds for contract writing systems.

(a) Limitation.—Of the funds specified in subsection (c), not more than 75 percent may be obligated or expended until the date on which the Secretary of Defense submits to the congressional defense committees the assessment required under subsection (b).

(b) Assessment required.—The Secretary of Defense, in coordination with the Secretaries of the military departments, shall submit to the congressional defense committees a written assessment of the requirements for each contract writing information technology system of the Department of Defense and the military departments. Such assessment shall include the following:

(1) Analysis of the requirements for each such contract writing system, including identification of common requirements and any requirements unique to each military department.

(2) Identification of legacy systems that provide data to, or receive data from, such contract writing systems.

(3) Projected timelines showing when each contract writing system is expected to become fully operationally capable and when each legacy system is expected to terminate, based on budget projections included in the most recent future-years defense program submitted to Congress under section 221 of title 10, United States Code.

(4) Assessment of how a shared services model might be applied to replace specific contract writing systems, including analysis of the business process reengineering necessary to move to a shared services model and how shared services can be integrated into the business enterprise architecture of the Department.

(5) Identification of available shared services for contract writing systems, such as those offered by the General Services Administration or by other sources, that might provide viable alternatives to current contract writing systems.

(6) Identification of any gaps in the capabilities of available shared services for contract writing systems, and recommendations for addressing such gaps.

(7) Identification of any policy, legal, or statutory constraints that would have to be addressed in order to move to a share services model for contract writing systems.

(c) Funds specified.—The funds specified in this subsection are the following—

(1) Funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2018 for research, development, test, and evaluation for each system described in subsection (d).

(2) Funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2018 for procurement for each system described in subsection (d).

(d) Systems described.—The systems described in this subsection are the following:

(1) The Contract Writing System of the Army.

(2) The Electronic Procurement System of the Navy.

(3) The Automated Contract Preparation System of the Air Force.

(4) The Contract Writing and Administration System of the Defense Contract Management Agency.

(5) The Standard Procurement System of the Defense Logistics Agency.

SEC. 301. Authorization of appropriations.

Funds are here by authorized to be appropriated for fiscal year 2018 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, as specified in the funding table in section 4301.

SEC. 311. Codification of and improvements to Department of Defense clearinghouse to coordinate Department review of applications for certain projects that may have adverse impact on military operations and readiness.

(a) Establishment of Military Aviation, Range, and Installation Assurance Program Office.—

(1) CODIFICATION AND IMPROVEMENT OF EXISTING LAW.—Chapter 7 of title 10, United States Code, is amended by inserting after section 183 the following new section:

§ 183a. Military Aviation, Range, and Installation Assurance Program Office for review of mission obstructions

“(a) Establishment.— (1) The Secretary of Defense shall establish a Military Aviation, Range, and Installation Assurance Program Office.

“(2) The Military Aviation, Range, and Installation Assurance Program Office shall be—

“(A) organized under the authority, direction, and control of an Assistant Secretary of Defense designated by the Secretary; and

“(B) assigned such personnel and resources as the Secretary considers appropriate to carry out this section.

“(b) Functions.— (1) (A) The Military Aviation, Range, and Installation Assurance Program Office shall serve as a clearinghouse to coordinate Department of Defense review of applications for energy projects filed with the Secretary of Transportation pursuant to section 44718 of title 49 and received by the Department of Defense from the Secretary of Transportation.

“(B) To facilitate the review of an application for an energy project submitted pursuant to such section, the Military Aviation, Range, and Installation Assurance Program Office shall accelerate the development, in coordination with other departments and agencies of the Federal Government, of—

“(i) an integrated review process to ensure timely notification and consideration of any application that may have an adverse impact on military operations and readiness; and

“(ii) planning tools necessary to determine the acceptability to the Department of Defense of the energy project proposal included in the application.

“(2) The Military Aviation, Range, and Installation Assurance Program Office shall establish procedures for the Department of Defense for the coordinated consideration of and response to a request for a review received from another Federal agency, a State government, an Indian tribal government, a local government, a landowner, or the developer of an energy project, including guidance to personnel at each military installation in the United States on how to initiate such procedures and ensure a coordinated Department response.

“(3) The Military Aviation, Range, and Installation Assurance Program Office shall consult with affected military installations for the review and consideration of proposed energy projects.

“(4) The Military Aviation, Range, and Installation Assurance Program Office shall develop procedures for conducting early outreach to parties carrying out energy projects that could have an adverse impact on military operations and readiness and to clearly communicate to such parties actions being taken by the Department under this section.

“(5) The Military Aviation, Range, and Installation Assurance Program Office shall perform such other functions as the Secretary of Defense assigns.

“(c) Review of proposed actions.— (1) Not later than 30 days after receiving from the Secretary of Transportation a proper application for an energy project under section 44718 of title 49 that may have an adverse impact on military operations and readiness, the Military Aviation, Range, and Installation Assurance Program Office shall conduct a preliminary review of such application. Such review shall—

“(A) assess the likely scope, duration, and level of risk of any adverse impact of such energy project on military operations and readiness; and

“(B) identify any feasible and affordable actions that could be taken by the Department, the developer of such energy project, or others to mitigate such adverse impact and to minimize risks to national security while allowing such energy project to proceed with development.

“(2) If the Military Aviation, Range, and Installation Assurance Program Office determines under paragraph (1) that an energy project will have an adverse impact on military operations and readiness, the Military Aviation, Range, and Installation Assurance Program Office, with the approval of the Secretary of Defense, shall issue to the applicant a notice of presumed risk that describes the concerns identified by the Department in the preliminary review and requests a discussion of possible mitigation actions.

“(d) Comprehensive review.— (1) The Secretary of Defense shall develop a comprehensive strategy for addressing the military impacts of projects filed with the Secretary of Transportation pursuant to section 44718 of title 49.

“(2) In developing the strategy required by paragraph (1), the Secretary of Defense shall—

“(A) assess the magnitude of interference posed by projects filed with the Secretary of Transportation pursuant to section 44718 of title 49;

“(B) identify geographic areas in which projects filed, or which may be filed in the future, with the Secretary of Transportation pursuant to section 44718 of title 49, could have an adverse impact on military operations and readiness, including military training routes, and categorize the risk of adverse impact in each geographic area for the purpose of informing preliminary reviews under subsection (c)(1), early outreach efforts under subsection (b)(4), and online dissemination efforts under paragraph (3);

“(C) develop procedures to periodically review and modify geographic areas identified under subparagraph (B) and to solicit and identify additional geographic areas as appropriate; and

“(D) specifically identify feasible and affordable long-term actions that may be taken to mitigate adverse impacts of projects filed, or which may be filed in the future, with the Secretary of Transportation pursuant to section 44718 of title 49, on military operations and readiness, including—

“(i) investment priorities of the Department of Defense with respect to research and development;

“(ii) modifications to military operations to accommodate applications for such projects;

“(iii) recommended upgrades or modifications to existing systems or procedures by the Department of Defense;

“(iv) acquisition of new systems by the Department and other departments and agencies of the Federal Government and timelines for fielding such new systems; and

“(v) modifications to the projects for which such applications are filed, including changes in size, location, or technology.

“(3) The Military Aviation, Range, and Installation Assurance Program Office shall make available online access to data reflecting geographic areas identified under subparagraph (B) of paragraph (2) and reviewed and modified under subparagraph (C) of such paragraph.

“(e) Department of defense determination of unacceptable risk.— (1) The Secretary of Defense may not object to an energy project filed with the Secretary of Transportation pursuant to section 44718 of title 49 unless the Secretary of Defense determines, after giving full consideration to mitigation actions identified pursuant to this section, that the project would result in an unacceptable risk to the national security of the United States. Such a determination shall constitute a finding pursuant to section 44718(f) of title 49.

“(2) Not later than 30 days after making a determination under paragraph (1), the Secretary of Defense shall submit to 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 a report on such determination and the basis for such determination. Such report shall include an explanation of the basis of the determination, a discussion of the mitigation options considered, and an explanation of why, in the case of a determination of unacceptable risk, the mitigation options were not feasible or did not resolve the conflict. The Secretary of Defense may provide public notice through the Federal Register of the determination.

“(3) The Secretary of Defense may only delegate the responsibility for making a determination under paragraph (1) to the Deputy Secretary of Defense, an Under Secretary of Defense, or a Principal Deputy Under Secretary of Defense.

“(f) Authority to accept contributions of funds.—The Secretary of Defense is authorized to request and accept a voluntary contribution of funds from an applicant for a project filed with the Secretary of Transportation pursuant to section 44718 of title 49. Amounts so accepted shall remain available until expended for the purpose of offsetting the cost of measures undertaken by the Secretary of Defense to mitigate adverse impacts of such a project on military operations and readiness or to conduct studies of potential measures to mitigate such impacts.

“(g) Effect of department of defense hazard assessment.—An action taken pursuant to this section shall not be considered to be a substitute for any assessment or determination required of the Secretary of Transportation under section 44718 of title 49.

“(h) Savings clause.—Nothing in this section shall be construed to affect or limit the application of, or any obligation to comply with, any environmental law, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

“(i) Definitions.—In this section:

“(1) The term ‘adverse impact on military operations and readiness’ means any adverse impact upon military operations and readiness, including flight operations, research, development, testing, and evaluation, and training, that is demonstrable and is likely to impair or degrade the ability of the armed forces to perform their warfighting missions.

“(2) The term ‘energy project’ means a project that provides for the generation or transmission of electrical energy.

“(3) The term ‘landowner’ means a person that owns a fee interest in real property on which a proposed energy project is planned to be located.

“(4) The term ‘military installation’ has the meaning given that term in section 2801(c)(4) of this title.

“(5) The term ‘military readiness’ includes any training or operation that could be related to combat readiness, including testing and evaluation activities.

“(6) The term ‘military training route’ means a training route developed as part of the Military Training Route Program, carried out jointly by the Federal Aviation Administration and the Secretary of Defense, for use by the armed forces for the purpose of conducting low-altitude, high-speed military training.

“(7) The term ‘unacceptable risk to the national security of the United States’ means the construction, alteration, establishment, or expansion, or the proposed construction, alteration, establishment, or expansion, of a structure or sanitary landfill that would—

“(A) endanger safety in air commerce, related to the activities of the Department of Defense;

“(B) interfere with the efficient use and preservation of the navigable airspace and of airport traffic capacity at public-use airports, related to the activities of the Department of Defense; or

“(C) impair or degrade the capability of the Department of Defense to conduct training, research, development, testing, evaluation, and operations or to maintain military readiness.”.

(2) CONFORMING AND CLERICAL AMENDMENTS.—

(A) REPEAL OF EXISTING PROVISION.—Section 358 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 49 U.S.C. 44718 note) is repealed.

(B) REFERENCE TO DEFINITIONS.—Section 44718(g) of title 49, United States Code, is amended by striking “211.3 of title 32, Code of Federal Regulations, as in effect on January 6, 2014” both places it appears and inserting “183a(i) of title 10”.

(C) TABLE OF SECTIONS AMENDMENT.—The table of sections at the beginning of chapter 7 of title 10, United States Code, is amended by inserting after the item relating to section 183 the following new item:


“183a. Military Aviation, Range, and Installation Assurance Program Office for review of mission obstructions.”.

(3) DEADLINE FOR INITIAL IDENTIFICATION OF GEOGRAPHIC AREAS.—The initial identification of geographic areas under subsection (d)(2)(B) of section 183a of title 10, United States Code, as added by paragraph (1), shall be completed not later than 180 days after the date of the enactment of this Act.

(4) APPLICABILITY OF EXISTING RULES AND REGULATIONS.—Notwithstanding the amendments made by paragraphs (1) and (2), any rule or regulation promulgated to carry out section 358 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 49 U.S.C. 44718 note) that is in effect on the day before the date of the enactment of this Act shall continue in effect and apply to the extent such rule or regulation is consistent with the authority under section 183a of title 10, United States Code, as added by paragraph (1), until such rule or regulation is otherwise amended or repealed.

(b) Conforming amendment regarding critical military-use airspace areas.—Section 44718 of title 49, United States Code, as amended by subsection (a)(2)(B), is further amended—

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

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

“(g) Special rule for identified geographic areas.—In the case of a proposed structure to be located within a geographic area identified under subsection (d)(2)(B) of section 183a of title 10, the Secretary of Transportation may not issue a determination until the Secretary of Defense issues a determination under subsection (e) of such section as to whether or not the proposed structure represents an unacceptable risk to the national security of the United States (as defined in subsection (i)(7) of such section).”.

SEC. 312. Energy performance goals and master plan.

Section 2911(c) of title 10, United States Code, is amended—

(1) in paragraph (1), by inserting before the period at the end the following: “, the future demand for energy, and the requirements for the use of energy”;

(2) in paragraph (2), by striking “reduce the future demand and the requirements for the use of energy” and inserting “enhance energy resilience to ensure the Department of Defense has the ability to prepare for and recover from energy disruptions that affect mission assurance on military installations”; and

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

“(13) Opportunities to leverage financing provided by a non-Department entity to address installation energy needs.”.

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

(a) Authority to transfer funds.—

(1) TRANSFER AMOUNT.—The Secretary of the Army may transfer an amount of not more than $125,000 to the Hazardous Substance Superfund established under subchapter A of chapter 98 of the Internal Revenue Code of 1986. Any such transfer shall be made without regard to section 2215 of title 10, United States Code.

(2) SOURCE OF FUNDS.—Any transfer under subsection (a) shall be made using funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2018 for Base Realignment and Closure, Army.

(b) Purpose of transfer.—A transfer under subsection (a) shall be for the purpose of satisfying a stipulated penalty assessed by the Environmental Protection Agency in the settlement agreement approved by the Army on July 14, 2016, against the Umatilla Chemical Depot, Oregon under the Federal Facility Agreement between the Army and the Environmental Protection Agency dated September 19, 1989.

(c) Acceptance of payment.—If the Secretary of the Army makes a transfer under subsection (a), the Administrator of the Environmental Protection Agency shall accept the amount transferred as payment in full of the penalty referred to in subsection (b).

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

(a) Authority to transfer funds.—

(1) TRANSFER AMOUNT.—The Secretary of the Army may transfer an amount of not more than $1,185,000 to the Hazardous Substance Superfund established under subchapter A of chapter 98 of the Internal Revenue Code of 1986. Any such transfer shall be made without regard to section 2215 of title 10, United States Code.

(2) SOURCE OF FUNDS.—Any transfer under subsection (a) shall be made using funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2018 for Environmental Restoration, Army.

(b) Purpose of transfer.—A transfer under subsection (a) shall be for the purpose of satisfying a stipulated penalty assessed by the Environmental Protection Agency on April 5, 2013, against Longhorn Army Ammunition Plant, Texas, under the Federal Facility Agreement for Longhorn Army Ammunition Plant, which was entered into between the Army and the Environmental Protection Agency in 1991.

(c) Acceptance of payment.—If the Secretary of the Army makes a transfer under subsection (a), the Administrator of the Environmental Protection Agency shall accept the amount transferred as payment in full of the penalty referred to in subsection (b).

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

Amounts authorized to be appropriated for the Department of Defense may by used for all necessary expenses for the removal and cleanup of petroleum, oil, and lubricants associated with the heavy cruiser Prinz Eugen, which was transferred from the United States to the Republic of the Marshall Islands in 1986.

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

Section 338 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 5013 note), as most recently amended by section 321 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1694) is amended—

(1) in subsection (d), by striking “2018” and inserting “2023”; and

(2) in subsection (e), by striking “2019” and inserting “2024”.

SEC. 322. Guidance regarding use of organic industrial base.

The Secretary of the Army shall maintain the arsenals with sufficient workloads to ensure affordability and technical competence in all critical capability areas by establishing, not later than 90 days after the enactment of this Act, clear, step-by-step, prescriptive guidance on the process for conducting make-or-buy analyses, including the use of the organic industrial base.

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

(a) Modification and improvement.—Section 482 of title 10, United States Code, is amended—

(1) in subsection (a)—

(A) by striking “Each report” and inserting “The reports for the first and third quarters of a calendar year”; and

(B) by adding at the end the following new sentence: “The reports for the second and fourth quarters of a calendar year shall contain the information required by subsection (j).”;

(2) in subsection (b)—

(A) in the subsection heading, by striking “and remedial actions”;

(B) in the matter preceding paragraph (1), by striking “Each report” and inserting “A report for the second or fourth quarter of a calendar year”;

(C) in paragraph (1), by inserting “and” after the semicolon;

(D) by striking paragraph (2); and

(E) by redesignating paragraph (3) as paragraph (2);

(3) in subsection (d)(1), by striking “Each report” and inserting “A report for the second or fourth quarter of a calendar year”;

(4) in subsection (e), by striking “Each report” and inserting “A report for the second or fourth quarter of a calendar year”;

(5) in subsection (f)(1), by striking “Each report” and inserting “A report for the second or fourth quarter of a calendar year”;

(6) in subsection (g)(1), by striking “Each report” and inserting “A report for the second or fourth quarter of a calendar year”; and

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

“(j) Remedial actions.—A report for the first or third quarter of a calendar year shall include—

“(1) a description of the mitigation plans of the Secretary to address readiness shortfalls and operational deficiencies identified in the report submitted for the preceding calendar quarter; and

“(2) for each such shortfall or deficiency, a timeline for resolution, the cost necessary for such resolution, the mitigation strategy the Department will employ until the resolution is in place, and any legislative remedies required.”.

(b) Conforming amendments.—Section 117 of title 10, United States Code, is amended—

(1) in subsection (d)—

(A) in the subsection heading, by striking “Quarterly”and inserting “Semi-annual”; and

(B) in paragraph (1)(A), by striking “quarterly” and inserting “semi-annual”; and

(2) in subsection (e), by striking “each quarter” and inserting “semi-annually”.

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

Section 2464(d) of title 10, United States Code, is amended by adding at the end the following new paragraphs:

“(4) Any workload shortfalls at any work breakdown structure category designated as a lower-level category pursuant to Department of Defense Instruction 4151.20, or any successor instruction.

“(5) A description of any workload executed at a category designated as a first-level category pursuant to such Instruction, or any successor instruction, that could be used to mitigate shortfalls in similar categories.

“(6) A description of any progress made on implementing mitigation plans developed pursuant to paragraph (3).

“(7) A description of core capability requirements and corresponding workloads at the first level category.

“(8) In the case of any shortfall that is identified, a description of the shortfall and an identification of the subcategory of the work breakdown structure in which the shortfall occurred.

“(9) In the case of any work breakdown structure category designated as a special interest item or other pursuant to such Instruction, or any successor instruction, an explanation for such designation.

“(10) Whether the core depot-level maintenance and repair capability requirements described in the report submitted under this subsection for the preceding fiscal year have been executed.”.

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

(a) Annual report required.—Section 10504 of title 10, United States Code, as amended by section 1051, is further amended—

(1) in subsection (a)—

(A) in the subsection heading, by striking “Report.—” and inserting “Report on state of the National Guard.—(1)”; and

(B) by striking “The report’’” and inserting the following:

“(2) The annual report required by paragraph (1)”; and

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

“(b) Annual report on Non-Federalized service National Guard personnel, training, and equipment requirements.— (1) Not later than January 31 of each of calendar years 2018 through 2022, the Chief of the National Guard Bureau shall submit to the recipients described in paragraph (3) a report that identifies the personnel, training, and equipment required by the non-federalized National Guard—

“(A) to support civilian authorities in connection with natural and man-made disasters during the covered period; and

“(B) to carry out prevention, protection, mitigation, response, and recovery activities relating to such disasters during the covered period.

“(2) In preparing each report under paragraph (1), the Chief of the National Guard Bureau shall—

“(A) consult with the chief executive of each State, the Council of Governors, and other appropriate civilian authorities;

“(B) collect and validate information from each State relating to the personnel, training, and equipment requirements described in paragraph (1);

“(C) set forth separately the personnel, training, and equipment requirements for—

“(i) each of the emergency support functions of the National Response Framework; and

“(ii) each of the Federal Emergency Management Agency regions;

“(D) assess core civilian capability gaps relating to natural and man-made disasters, as identified by States in submissions to the Department of Homeland Security; and

“(E) take into account threat and hazard identifications and risk assessments of the Department of Defense, the Department of Homeland Security, and the States.

“(3) The annual report required by paragraph (1) shall be submitted to the following officials:

“(A) The congressional defense committees, the Committee on Homeland Security of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate.

“(B) The Secretary of Defense.

“(C) The Secretary of Homeland Security.

“(D) The Council of Governors.

“(E) The Secretary of the Army.

“(F) The Secretary of the Air Force.

“(G) The Commander of the United States Northern Command.

“(H) The Commander of the United States Pacific Command.

“(I) The Commander of the United States Cyber Command.

“(4) In this subsection, the term ‘covered period’ means the fiscal year beginning after the date on which a report is submitted under paragraph (1).”.

(b) Clerical amendments.—

(1) SECTION HEADING.—The heading of such section is amended to read as follows:

§ 10504. Chief of National Guard Bureau: annual reports”.

(2) TABLE OF CONTENTS.—The table of sections at the beginning of chapter 1011 of title 10, United States Code, is amended by striking the item relating to section 10504 and inserting the following:


“10504. Chief of National Guard Bureau: annual reports.”.

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

(a) Capacity.—The Secretary of Defense, acting through the Executive Agent for Military Working Dogs (hereinafter in this section referred to as the “Executive Agent”), shall—

(1) identify the number of military working dogs required to fulfill the various missions of the Department of Defense for which such dogs are used, including force protection, facility and check point security, and explosives and drug detection;

(2) take such steps as are practicable to ensure an adequate number of military working dog teams are available to meet and sustain the mission requirements identified in paragraph (1);

(3) ensure that the Department’s needs and performance standards with respect to military working dogs are readily available to dog breeders and trainers; and

(4) coordinate with other Federal, State, and local agencies, nonprofit organizations, universities, and private sector entities, as appropriate, to increase the training capacity for military working dog teams.

(b) Military working dog procurement.—The Secretary, acting through the Executive Agent, shall work to ensure that military working dogs are procured as efficiently as possible and at the best value to the Government, while maintaining the necessary level of quality and encouraging increased domestic breeding.

(c) Annual report.—Not later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2018, and annually thereafter until September 30, 2021, the Secretary, acting through the Executive Agent, shall submit to the congressional defense committees a report on the procurement and retirement of military working dogs for the fiscal year preceding the fiscal year during which the report is submitted. Each report under this subsection shall include the following for the fiscal year covered by the report:

(1) The number of military working dogs procured, by source, by each military department or Defense Agency.

(2) The cost of procuring military working dogs incurred by each military department or Defense Agency.

(3) The number of domestically bred and sourced military working dogs procured by each military department or Defense Agency, including a list of vendors, their location, cost, and the quantity of dogs procured from each vendor.

(4) The number of non-domestically bred military working dogs procured from non-domestic sources by each military department or Defense Agency, including a list of vendors, their location, cost, and the quantity of dogs procured from each vendor.

(5) The cost of procuring pre-trained and green dogs for force protection, facility and checkpoint security, and improvised explosive device, other explosives, and drug detection.

(6) An analysis of the procurement practices of each military department or Defense Agency that limit market access for domestic canine vendors and breeders.

(7) The total cost of procuring domestically bred military working dogs versus the total cost of procuring dogs from non-domestic sources.

(8) The total number of domestically bred dogs and the number of dogs from foreign sources procured by each military department or Defense Agency and the number and percentage of those dogs that are ultimately deployed for their intended use.

(9) An explanation for any significant difference in the cost of procuring military working dogs from different sources.

(10) An estimate of the number of military working dogs expected to retire annually and an identification of the primary cause of the retirement of such dogs.

(11) An identification of the final disposition of military working dogs no longer in service.

(d) Military working dog defined.—For purposes of this section, the term “military working dog” means a dog used in any official military capacity, as defined by the Secretary of Defense.

SEC. 335. Annual briefings on Army explosive ordnance disposal.

Not later than 60 days after the last day of each of fiscal years 2018 through 2021, the Secretary of the Army shall provide to the Committees on Armed Services of the Senate and House of Representatives briefings on the actions the Army has taken to address the following:

(1) Programmed funding and manpower to establish and implement the explosive ordnance disposal (hereinafter referred to as “EOD”) assistant commandant position in the Army Ordnance School.

(2) EOD personnel talent management, including command opportunities and promotion within the Army logistics cohort, and career broadening opportunities, including participation in joint, interagency, and multinational EOD commissioned officer and non-commissioned officer positions.

(3) How the EOD career path ensures and maintains technical proficiency for EOD-qualified personnel.

(4) Efforts to improve EOD proponency and advocacy across the Army, including activities of the EOD Board of Advisors.

(5) Efforts to enhance synchronization of EOD with other Army missions and functions and retain critical interdependencies.

(6) Annual funding programmed through the future-years defense program and executed during the preceding fiscal year for EOD requirements including personnel, training, and equipment.

SEC. 336. Report on effects of climate change on Department of Defense.

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

(1) Secretary of Defense James Mattis has stated: “It is appropriate for the Combatant Commands to incorporate drivers of instability that impact the security environment in their areas into their planning.”.

(2) Secretary of Defense James Mattis has stated: “I agree that the effects of a changing climate — such as increased maritime access to the Arctic, rising sea levels, desertification, among others — impact our security situation.”.

(3) Chairman of the Joint Chiefs of Staff Joseph Dunford has stated: “It’s a question, once again, of being forward deployed, forward engaged, and be in a position to respond to the kinds of natural disasters that I think we see as a second or third order effect of climate change.”.

(4) Former Secretary of Defense Robert Gates has stated: “Over the next 20 years and more, certain pressures-population, energy, climate, economic, environmental-could combine with rapid cultural, social, and technological change to produce new sources of deprivation, rage, and instability.”.

(5) Former Chief of Staff of the U.S. Army Gordon Sullivan has stated: “Climate change is a national security issue. We found that climate instability will lead to instability in geopolitics and impact American military operations around the world.”.

(6) The Office of the Director of National Intelligence (ODNI) has stated: “Many countries will encounter climate-induced disruptions—such as weather-related disasters, drought, famine, or damage to infrastructure—that stress their capacity to respond, cope with, or adapt. Climate-related impacts will also contribute to increased migration, which can be particularly disruptive if, for example, demand for food and shelter outstrips the resources available to assist those in need.”.

(7) The Government Accountability Office (GAO) has stated: “DOD links changes in precipitation patterns with potential climate change impacts such as changes in the number of consecutive days of high or low precipitation as well as increases in the extent and duration of droughts, with an associated increase in the risk of wildfire… this may result in mission vulnerabilities such as reduced live-fire training due to drought and increased wildfire risk.”.

(8) A three-foot rise in sea levels will threaten the operations of more than 128 United States military sites, and it is possible that many of these at-risk bases could be submerged in the coming years.

(9) As global temperatures rise, droughts and famines can lead to more failed states, which are breeding grounds of extremist and terrorist organizations.

(10) In the Marshall Islands, an Air Force radar installation built on an atoll at a cost of $1,000,000,000 is projected to be underwater within two decades.

(11) In the western United States, drought has amplified the threat of wildfires, and floods have damaged roads, runways, and buildings on military bases.

(12) In the Arctic, the combination of melting sea ice, thawing permafrost, and sea-level rise is eroding shorelines, which is damaging radar and communication installations, runways, seawalls, and training areas.

(13) In the Yukon Training Area, units conducting artillery training accidentally started a wildfire despite observing the necessary practices during red flag warning conditions.

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

(1) climate change is a direct threat to the national security of the United States and is impacting stability in areas of the world both where the United States Armed Forces are operating today, and where strategic implications for future conflict exist;

(2) there are complexities in quantifying the cost of climate change on mission resiliency, but the Department of Defense must ensure that it is prepared to conduct operations both today and in the future and that it is prepared to address the effects of a changing climate on threat assessments, resources, and readiness; and

(3) military installations must be able to effectively prepare to mitigate climate damage in their master planning and infrastructure planning and design, so that they might best consider the weather and natural resources most pertinent to them.

(c) Report.—

(1) REPORT REQUIRED.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on vulnerabilities to military installations and combatant commander requirements resulting from climate change over the next 20 years.

(2) ELEMENTS.—The report on vulnerabilities to military installations and combatant commander requirements required by paragraph (1) shall include the following:

(A) A list of the ten most vulnerable military installations within each service based on the effects of rising sea tides, increased flooding, drought, desertification, wildfires, thawing permafrost, and any other categories the Secretary determines necessary.

(B) An overview of mitigations that may be necessary to ensure the continued operational viability and to increase the resiliency of the identified vulnerable military installations and the cost of such mitigations.

(C) A discussion of the climate-change related effects on the Department, including the increase in the frequency of humanitarian assistance and disaster relief missions and the theater campaign plans, contingency plans, and global posture of the combatant commanders.

(D) An overview of mitigations that may be necessary to ensure mission resiliency and the cost of such mitigations.

(3) FORM.—The report required subparagraph (1) shall be submitted in unclassified form, but may contain a classified annex.

SEC. 341. Explosive safety board.

(a) Modification and improvement of ammunition storage board.—Section 172 of title 10, United States Code, is amended—

(1) by striking “Secretaries of the military departments” and inserting “Secretary of Defense”;

(2) by inserting “that includes members” after “joint board”;

(3) by striking “selected by them” and inserting “selected by the Secretaries of the military departments,”;

(4) by inserting “military” before “officers”;

(5) by inserting “designated as the chair and voting members of the board for each military department” after “officers”;

(6) by inserting “and other” before “civilian officers”;

(7) by striking “or both” and inserting “as necessary”; and

(8) by striking “keep informed on stored” and inserting “provide oversight on storage and transportation of”.

(b) Clerical amendments.—

(1) SECTION HEADING.—The heading of section 172 of title 10, United States Code, is amended by striking “Ammunition storage” and inserting “Explosive safety”.

(2) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 7 of such title is amended by striking the item relating to section 172 and inserting the following new item:


“172. Explosive safety board.”.

SEC. 342. Department of Defense support for military service memorials and museums that highlight the role of women in the Armed Forces.

The Secretary of Defense may provide financial support for the acquisition, installation, and maintenance of exhibits, facilities, historical displays, and programs at military service memorials and museums that highlight the role of women in the Armed Forces. The Secretary may enter into a contract with a nonprofit organization for the purpose of performing such acquisition, installation, and maintenance.

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

(a) Limitation.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2018 for the Department of Defense may be obligated or expended for the enhancement of the advanced skills management software system of the Navy until a period of 60 days has elapsed following the date on which Secretary of the Navy makes the submission required under subsection (b)(3).

(b) Briefing and certification.—The Secretary of the Navy shall—

(1) provide to the Committee on Armed Services of the House of Representatives a briefing on any enhancements that are needed for the advanced skills management software system of the Navy;

(2) after providing the briefing under paragraph (1), issue a request for information for such enhancements in accordance with part 15.2 of the Federal Acquisition Regulation; and

(3) submit to the Committee on Armed Services of the House of Representatives—

(A) the results of the request for information issued under paragraph (2); and

(B) a written certification that—

(i) as part of the request for information, the Secretary solicited information on commercially available off-the-shelf software solutions that may be used to enhance the advanced skills management software system of the Navy; and

(ii) the Secretary has considered using such solutions.

(c) Advanced skills management software system defined.—In this section, the term “advanced skills management software system” means a software application designed to—

(1) identify job task requirements for Navy personnel;

(2) assist in determining the proficiencies of such personnel;

(3) document qualifications and certifications of such personnel; and

(4) track the technical training completed by Navy aviation maintenance personnel.

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

Beginning on the date of the enactment of this Act, whenever the Secretary of Defense enters into a contract for the provision of uniforms for Afghan military or security forces, the Secretary shall require, as a condition of the contract, that the contract include a requirement that the contractor conduct a cost-benefit analysis of the uniform specification for the Afghan military or security forces uniform. Such analysis shall determine—

(1) whether there is a more effective alternative uniform specification, considering both operational environment and cost, available to the Afghan military or security forces;

(2) the efficacy of the existing pattern compared to other alternatives (both proprietary and non-proprietary patterns); and

(3) the costs and feasibility of transitioning the uniforms of the Afghan military or security forces to a pattern owned by the United States, using existing excess inventory where available, and acquiring the rights to the Spec4ce Forest pattern.

SEC. 401. End strengths for active forces.

The Armed Forces are authorized strengths for active duty personnel as of September 30, 2018, as follows:

(1) The Army, 486,000.

(2) The Navy, 327,900.

(3) The Marine Corps, 185,000.

(4) The Air Force, 325,100.

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, 486,000.

“(2) For the Navy, 327,900.

“(3) For the Marine Corps, 185,000.

“(4) For the Air Force, 325,100.”.

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, 2018, as follows:

(1) The Army National Guard of the United States, 347,000.

(2) The Army Reserve, 202,000.

(3) The Navy Reserve, 59,000.

(4) The Marine Corps Reserve, 38,500.

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

(6) The Air Force Reserve, 69,800.

(7) The Coast Guard Reserve, 7,000.

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

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

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

(c) End strength increases.—Whenever units or individual members of the Selected Reserve for 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, 2018, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components:

(1) The Army National Guard of the United States, 30,155.

(2) The Army Reserve, 16,261.

(3) The Navy Reserve, 10,101.

(4) The Marine Corps Reserve, 2,261.

(5) The Air National Guard of the United States, 16,260.

(6) The Air Force Reserve, 3,588.

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

(a) In general.—The authorized number of military technicians (dual status) as of September 30, 2018, for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following:

(1) For the Army National Guard of the United States, 25,507.

(2) For the Army Reserve, 7,427.

(3) For the Air National Guard of the United States, 21,893.

(4) For the Air Force Reserve, 10,160.

(b) Variance.—Notwithstanding section 115 of title 10, United States Code, the end strength prescribed by subsection (a) for a reserve component specified in that subsection may be increased—

(1) by 3 percent, upon determination by the Secretary of Defense that such action is in the national interest; and

(2) by 2 percent, upon determination by the Secretary of the military department concerned that such action would enhance manning and readiness in essential units or in critical specialties or ratings.

SEC. 414. Fiscal year 2018 limitation on number of non-dual status technicians.

(a) Limitations.—

(1) NATIONAL GUARD.—Within the limitation provided in section 10217(c)(2) of title 10, United States Code, the number of non-dual status technicians employed by the National Guard as of September 30, 2018, may not exceed the following:

(A) For the Army National Guard of the United States, 1,600.

(B) For the Air National Guard of the United States, 350.

(2) ARMY RESERVE.—The number of non-dual status technicians employed by the Army Reserve as of September 30, 2018, may not exceed 420.

(3) AIR FORCE RESERVE.—The number of non-dual status technicians employed by the Air Force Reserve as of September 30, 2018, may not exceed 90.

(b) Non-dual status technicians defined.—In this section, the term “non-dual status technician” has the meaning given that term in section 10217(a) of title 10, United States Code.

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

During fiscal year 2018, the maximum number of members of the reserve components of the Armed Forces who may be serving at any time on full-time operational support duty under section 115(b) of title 10, United States Code, is the following:

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

(2) The Army Reserve, 13,000.

(3) The Navy Reserve, 6,200.

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

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

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

SEC. 421. Military personnel.

(a) Authorization of appropriations.—Funds are hereby authorized to be appropriated for fiscal year 2018 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for military personnel, as specified in the funding table in section 4401.

(b) Construction of authorization.—The authorization of appropriations in subsection (a) supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2018.

SEC. 501. Modification of requirements relating to conversion of certain military technician (dual status) positions to civilian positions.

(a) Revised reduction and deadline.—Section 1053(a)(1) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 10216 note), as amended by section 1084(a)(1) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2421), is further amended—

(1) by striking “October 1, 2017” and inserting “October 1, 2018”; and

(2) by striking “20 percent” and inserting “10 percent”.

(b) Reporting requirement.—Not later than March 1, 2018, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing such recommendations as the Secretary considers appropriate for revising section 709 of title 32, United States Code, regarding the employment, use, and status of military technicians in the National Guard. The Secretary shall prepare the recommendations in consultation with the Secretary of the Army, the Secretary of the Air Force, and the Chief of the National Guard Bureau.

SEC. 502. Pilot program on use of retired senior enlisted members of the Army National Guard as Army National Guard recruiters.

(a) Pilot program authorized.—The Secretary of the Army may carry out a pilot program for the Army National Guard under which retired senior enlisted members of the Army National Guard would serve as contract recruiters for the Army National Guard.

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

(1) The feasibility and effectiveness of hiring retired senior enlisted members of the Army National Guard who have retired within the previous two years to serve as recruiters.

(2) The merits of hiring such retired senior enlisted members as contractors or as employees of the Department of Defense.

(3) The best method of providing a competitive compensation package for such retired senior enlisted members.

(4) The merits of requiring such retired senior enlisted members to wear a military uniform while performing recruiting duties under the pilot program.

(c) Consultation.—In developing a pilot program under this section, the Secretary of the Army shall consult with the operators of a previous pilot program carried out by the Army involving the use of contract recruiters.

(d) Commencement and duration.—The Secretary of the Army may commence a pilot program under this section on or after January 1, 2018, and all activities under such a pilot program shall terminate no later than December 31, 2022.

(e) Reporting requirement.—If a pilot program is conducted under this section, the Secretary of the Army shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report containing an evaluation of the success of the pilot program, including the determinations described in subsection (b). The report shall be submitted not later than January 1, 2020.

SEC. 503. Equal treatment of orders to serve on active duty under section 12304a and 12304b of title 10, United States Code.

(a) Eligibility of reserve component members for pre-mobilization health care.—Section 1074(d)(2) of title 10, United States Code, is amended by striking “in support of a contingency operation under” and inserting “under section 12304b of this title or”.

(b) Eligibility of reserve component members for transitional health care.—Section 1145(a)(2)(B) of title 10, United States Code, is amended by striking “in support of a contingency operation” and inserting “under section 12304b of this title or a provision of law referred to in section 101(a)(13)(B) of this title”.

SEC. 504. Direct employment pilot program for members of the National Guard and Reserve.

(a) Program authority.—The Secretary of Defense may carry out a pilot program to enhance the efforts of the Department of Defense to provide job placement assistance and related employment services directly to members in the National Guard and Reserves.

(b) Administration.—The pilot program shall be offered to, and administered by, the adjutants general appointed under section 314 of title 32, United States Code.

(c) Cost-sharing requirement.—As a condition on the provision of funds under this section to a State to support the operation of the pilot program in the State, the State must agree to contribute an amount, derived from non-Federal sources, equal to at least 30 percent of the funds provided by the Secretary of Defense under this section.

(d) Direct Employment Program Model.—The pilot program should follow a job placement program model that focuses on working one-on-one with a member of a reserve component to cost-effectively provide job placement services, including services such as identifying unemployed and under employed members, job matching services, resume editing, interview preparation, and post-employment follow up. Development of the pilot program should be informed by State direct employment programs for members of the reserve components, such as the programs conducted in California and South Carolina.

(e) Evaluation.—The Secretary of Defense shall develop outcome measurements to evaluate the success of the pilot program.

(f) Reporting requirements.—

(1) REPORT REQUIRED.—Not later than January 31, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report describing the results of the pilot program. The Secretary shall prepare the report in coordination with the Chief of the National Guard Bureau.

(2) ELEMENTS OF REPORT.—A report under paragraph (1) shall include the following:

(A) A description and assessment of the effectiveness and achievements of the pilot program, including the number of members of the reserve components hired and the cost-per-placement of participating members.

(B) An assessment of the impact of the pilot program and increased reserve component employment levels on the readiness of members of the reserve components.

(C) Any other matters considered appropriate by the Secretary.

(g) Duration of Authority.—

(1) IN GENERAL.—The authority to carry out the pilot program expires September 30, 2020.

(2) EXTENSION.—Upon the expiration of the authority under paragraph (1), the Secretary of Defense may extend the pilot program for not more than two additional fiscal years.

SEC. 511. Consideration of additional medical evidence by Boards for the Correction of Military Records and liberal consideration of evidence relating to post-traumatic stress disorder or traumatic brain injury.

(a) In general.—Section 1552 of title 10, United States Code, is amended—

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

(2) by inserting after subsection (g) the following new subsection (h):

“(h) (1) This subsection applies to a former member of the armed forces whose claim under this section for review of a discharge or dismissal is based in whole or in part on matters relating to post-traumatic stress disorder or traumatic brain injury as supporting rationale, or as justification for priority consideration, and whose post-traumatic stress disorder or traumatic brain injury is related to combat or military sexual trauma, as determined by the Secretary concerned.

“(2) In the case of a claimant described in paragraph (1), a board established under subsection (a)(1) shall—

“(A) review medical evidence of the Secretary of Veterans Affairs or a civilian health care provider that is presented by the claimant; and

“(B) review the claim with liberal consideration to the claimant that post-traumatic stress disorder or traumatic brain injury potentially contributed to the circumstances resulting in the discharge or dismissal or to the original characterization of the claimant’s discharge or dismissal.”.

(b) Conforming amendment.—Section 1553(d)(3)(A)(ii) of title 10, United States Code, is amended by striking “discharge of a lesser characterization” and inserting “discharge or dismissal or to the original characterization of the member’s discharge or dismissal”.

SEC. 512. Public availability of information related to disposition of claims regarding discharge or release of members of the Armed Forces when the claims involve sexual assault.

(a) Boards for the correction of military records.—Subsection (i) of section 1552, United States Code, as redesignated by section 511, is amended by adding at the end the following new paragraph:

“(4) The number and disposition of claims decided during the calendar quarter preceding the calendar quarter in which such information is made available in which sexual assault is alleged to have contributed, whether in whole or in part, to the original characterization of the discharge or release of the claimant.”.

(b) Discharge review Boards.—Section 1553(f) of title 10, United States Code, is amended by adding at the end the following new paragraph:

“(4) The number and disposition of claims decided during the calendar quarter preceding the calendar quarter in which such information is made available in which sexual assault is alleged to have contributed, whether in whole or in part, to the original characterization of the discharge or release of the claimant.”.

SEC. 513. Pilot program on use of video teleconferencing technology by boards for the correction of military records and discharge review boards.

(a) Pilot program authorized.—The Secretary of Defense may carry out a pilot program under which boards for the correction of military records established under section 1552 of title 10, United States Code, and discharge review boards established under section 1553 of such title are authorized to utilize video teleconferencing technology in the performance of their duties.

(b) Purpose.—The purpose of the pilot program is to evaluate the feasibility and cost-effectiveness of utilizing video teleconferencing technology to allow persons who raise a claim before a board for the correction of military records, persons who request a review by a discharge review board, and witnesses who present evidence to such a board to appear before such a board without being physically present.

(c) Implementation.—As part of the pilot program, the Secretary of Defense shall make funds available to develop the capabilities of boards for the correction of military records and discharge review boards to effectively use video teleconferencing technology.

(d) No expansion of eligibility.—Nothing in the pilot program is intended to alter the eligibility criteria of persons who may raise a claim before a board for the correction of military records, request a review by a discharge review board, or present evidence to such a board.

(e) Termination.—The authority of the Secretary of Defense to carry out the pilot program shall terminate on December 31, 2020.

SEC. 514. Inclusion of specific email address block on Certificate of Release or Discharge from Active Duty (DD Form 214).

(a) Modification required.—The Secretary of Defense shall modify the Certificate of Release or Discharge from Active Duty (DD Form 214) to include a specific block explicitly identified as the location in which a member of the Armed Forces may provide one or more email addresses by which the member may be contacted after discharge or release from active duty in the Armed Forces.

(b) Deadline for modification.—The Secretary of Defense shall release a revised Certificate of Release or Discharge from Active Duty (DD Form 214), modified as required by subsection (a), not later than one year after the date of the enactment of this Act.

SEC. 515. Provision of information on naturalization through military service.

The Secretary of Defense shall ensure that members of the Army, Navy, Air Force, and Marine Corps who are aliens lawfully admitted to the United States for permanent residence are informed of the availability of naturalization through service in the Armed Forces under section 328 of the Immigration and Nationality Act (8 U.S.C. 1439) and the process by which to pursue naturalization. The Secretary shall ensure that resources are available to assist qualified members of the Armed Forces to navigate the application and naturalization process.

SEC. 521. Clarifying amendments related to the Uniform Code of Military Justice reform by the Military Justice Act of 2016.

(a) Enforcement of Rights of victims of offenses under UCMJ.—Section 806b(e)(3) of title 10, United States Code (article 6b(e)(3) of the Uniform Code of Military Justice), is amended—

(1) by inserting “(A)” after “(3)”;

(2) by striking “President, and, to the extent practicable, shall have priority over all other proceedings before the court.” and inserting the following; “President, subject to section 830a of this title (article 30a).”; and

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

“(B) To the extent practicable, a petition for a writ of mandamus described in this subsection shall have priority over all other proceedings before the Court of Criminal Appeals.

“(C) Review of any decision by the Court of Criminal Appeals on a petition for a writ of mandamus described in this subsection shall have priority in the Court of Appeals for the Armed Forces, as determined under the rules of the Court of Appeals for the Armed Forces.”.

(b) Review of certain matters before referral of charges and specifications.—Subsection (a)(1) of section 830a of title 10, United States Code (article 30a of the Uniform Code of Military Justice), as added by section 5202 of the Military Justice Act of 2016 (division E of Public Law 114–328; 130 Stat. 2904), is amended by adding at the end the following new subparagraph:

“(D) Pre-referral matters under subsection (c) or (e) of section 806b of this title (article 6b).”.

(c) Defense counsel assistance in post-trial matters for accused convicted by court-martial.—Section 838(c)(2) of title 10, United States Code (article 38(c)(2) of the Uniform Code of Military Justice), is amended by striking “section 860 of this title (article 60)” and inserting “section 860, 860a, or 860b of this title (article 60, 60a, or 60b)”.

(d) Limitation on acceptance of plea agreements.—Subsection (b) of section 853a of title 10, United States Code (article 53a of the Uniform Code of Military Justice), as added by section 5237 of the Military Justice Act of 2016 (division E of Public Law 114–328; 130 Stat. 2917), is amended—

(1) in paragraph (2), by striking “or” after the semicolon;

(2) in paragraph (3), by striking the period and inserting a semicolon; and

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

“(4) is prohibited by law; or

“(5) is contrary to, or is inconsistent with, a regulation prescribed by the President with respect to terms, conditions, or other aspects of plea agreements.”.

(e) Applicability of standards and procedures to sentence appeal by the united states.—Subsection (d)(1) of section 856 of title 10, United States Code (article 56 of the Uniform Code of Military Justice), as added by section 5301 of the Military Justice Act of 2016 (division E of Public Law 114–328; 130 Stat. 2919), is amended—

(1) in the matter preceding subparagraph (A), by inserting after “concerned,” the following: “and consistent with standards and procedures set forth in regulations prescribed by the President,”; and

(2) in subparagraph (B), by inserting before the period at the end the following: “, as determined in accordance with standards and procedures prescribed by the President”.

(f) Sentence of reduction in enlisted grade.—

(1) IN GENERAL.—Subsection (a) of section 858a of title 10, United States Code (article 58a of the Uniform Code of Military Justice), as amended by section 5303(1) of the Military Justice Act of 2016 (division E of Public Law 114–328; 130 Stat. 2923), is further amended in the matter after paragraph (3) by striking “, effective on the date” and inserting the following: “, if such a reduction is authorized by regulation prescribed by the President. The reduction in pay grade shall take effect on the date”.

(2) SECTION HEADING.—The heading of section 858a of title 10, United States Code (article 58a of the Uniform Code of Military Justice), is amended to read as follows:

§ 858a. Art 58a. Sentences: reduction in enlisted grade”.

(3) CLERICAL AMENDMENT.—The table of sections at the beginning of subchapter VIII of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice) is amended by striking the item relating to section 858a (article 58a) and inserting the following new item:


“858a. 58a. Sentences: reduction in enlisted grade.”.

(g) Convening authority authorities.—Section 858b(b) of title 10, United States Code (article 58b(b) of the Uniform Code of Military Justice), is amended in the first sentence by striking “section 860 of this title (article 60)” and inserting “section 860a or 860b of this title (article 60a or 60b)”.

(h) Appeal by the United State.—Section 862(b) of title 10, United States Code (article 62(b) of the Uniform Code of Military Justice), is amended by striking “, notwithstanding section 866(c) of this title (article 66(c))”.

(i) Rehearing and sentencing.—Subsection (b) of section 863 of title 10, United States Code (article 63 of the Uniform Code of Military Justice), as added by section 5327 of the Military Justice Act of 2016 (division E of Public Law 114–328; 130 Stat. 2929), is amended by inserting before the period at the end the following: “, subject to such limitations as the President may prescribe by regulation”.

(j) Courts of Criminal Appeals.—Section 866 of title 10, United States Code (article 66 of the Uniform Code of Military Justice), as amended by section 5330 of the Military Justice Act of 2016 (division E of Public Law 114–328; 130 Stat. 2932), is further amended—

(1) in subsection (e)(2)(C), by inserting after “required” the following: “by regulation prescribed by the President or”; and

(2) in subsection (f)(3), by adding at the end the following new sentence: “If the Court of Appeals for the Armed Forces determines that additional proceedings are warranted, the Court of Criminal Appeals shall order a hearing or other proceeding in accordance with the direction of the Court of Appeals for the Armed Forces.”.

(k) Military Justice Review Panel.—Subsection (f) of section 946 of title 10, United States Code (article 146 of the Uniform Code of Military Justice), as added by section 5521 of the Military Justice Act of 2016 (division E of Public Law 114–328; 130 Stat. 2962), is amended—

(1) in paragraph (1), by striking “fiscal year 2020” in the first sentence and inserting “fiscal year 2021”;

(2) in paragraph (2), by striking the sentence beginning “Not later than” and inserting the following new sentence: “The analysis under this paragraph shall be included in the assessment required by paragraph (1).”; and

(3) by striking paragraph (5) and inserting the following new paragraph (5):

“(5) REPORTS.—With respect to each review and assessment under this subsection, the Panel shall submit a report to the Committees on Armed Services of the Senate and the House of Representatives. Each report—

“(A) shall set forth the results of the review and assessment concerned, including the findings and recommendations of the Panel; and

“(B) shall be submitted not later than December 31 of the calendar year in which the review and assessment is concluded.”.

(l) Transitional compensation for Dependents of members separated for dependent abuse.—Section 1059(e) of title 10, United States Code, is amended—

(1) in paragraph (1)(A)(ii), by striking “the approval of” and all that follows through “as approved,” and inserting “entry of judgment under section 860c of this title (article 60c of the Uniform Code of Military Justice) if the sentence”; and

(2) in paragraph (3)(A), by striking “by a court-martial” the second place it appears and all that follows through “include any such punishment,” and inserting “for a dependent-abuse offense and the conviction is disapproved or is otherwise not part of the judgment under section 860c of this title (article 60c of the Uniform Code of Military Justice) or the punishment is disapproved or is otherwise not part of the judgment under such section (article),”.

(m) Benefits for Dependents Who Are Victims of Abuse by Members Losing Right to Retired Pay.—Section 1408(h)(10)(A) of title 10, United States Code, is amended by striking “the approval” and all that follows through the end of the subparagraph and inserting “entry of judgment under section 860c of this title (article 60c of the Uniform Code of Military Justice).”.

(n) Treatment of certain offenses pending execution of Military Justice Act of 2016 amendments.—

(1) CHILD ABUSE OFFENSES.—With respect to offenses committed before the date designated by the President under section 5542(a) of the Military Justice Act of 2016 (division E of Public Law 114–328; 130 Stat. 2967), subsection (b)(2)(B) of section 843 of title 10, United States Code (article 43 of the Uniform Code of Military Justice), shall be applied as in effect on December 22, 2016.

(2) FRAUDULENT ENLISTMENT OR APPOINTMENT OFFENSES.—With respect to the period beginning on December 23, 2016, and ending on the day before the date designated by the President under section 5542(a) of the Military Justice Act of 2016 (division E of Public Law 114–328; 130 Stat. 2967), in the application of subsection (h) of section 843 of title 10, United States Code (article 43 of the Uniform Code of Military Justice), as added by section 5225(b) of that Act (130 Stat. 2909), the reference in such subsection (h) to section 904a(1) of title 10, United States Code (article 104a(1) of the Uniform Code of Military Justice), shall be deemed to be a reference to section 883(1) of title 10, United States Code (article 83(1) of the Uniform Code of Military Justice).

(o) Effective date.—The amendments made by this section shall take effect immediately after the amendments made by the Military Justice Act of 2016 (division E of Public Law 114–328) take effect as provided for in section 5542 of that Act (130 Stat. 2967).

SEC. 522. Minimum confinement period required for conviction of certain sex-related offenses committed by members of the Armed Forces.

(a) Mandatory Punishments.—Section 856(b)(1) of title 10, United States Code (article 56(b)(1) of the Uniform Code of Military Justice), as amended by section 5301 of the Military Justice Act of 2016 (division E of Public Law 114–328; 130 Stat. 2919), is further amended by striking “shall include dismissal or dishonorable discharge, as applicable.” and inserting the following:“shall include, at a minimum—

“(A) dismissal or dishonorable discharge, as applicable; and

“(B) confinement for two years.”.

(b) Effective date.—The amendment made by subsection (a) shall take effect immediately after the amendments made by the Military Justice Act of 2016 (division E of Public Law 114–328) take effect as provided for in section 5542 of that Act (130 Stat. 2967).

SEC. 523. Prohibition on wrongful broadcast or distribution of intimate visual images.

(a) Prohibition.—Subchapter X of chapter 47 of title 10, United States Code, is amended by inserting after section 917 (article 117 of the Uniform Code of Military Justice) the following new section (article):

§ 917a. Art. 117a. Wrongful broadcast or distribution of intimate visual images

“(a) Prohibition.—Any person subject to this chapter who—

“(1) knowingly and wrongfully broadcasts or distributes an intimate visual image of a private area of another person who—

“(A) is at least 18 years of age at the time the intimate visual image was created;

“(B) is identifiable from the image itself or from information displayed in connection with the image; and

“(C) does not explicitly consent to the broadcast or distribution of the intimate visual image;

“(2) knows or reasonably should have known that the intimate visual image was made under circumstances in which the person depicted in the intimate visual image retained a reasonable expectation of privacy regarding any broadcast or distribution of the intimate visual image; and

“(3) knows or reasonably should have known that the broadcast or distribution of the intimate visual image is likely—

“(A) to cause harm, harassment, intimidation, emotional distress, or financial loss for the person depicted in the intimate visual image; or

“(B) to harm substantially the depicted person with respect to that person’s health, safety, business, calling, career, financial condition, reputation, or personal relationships;

is guilty of wrongful distribution of intimate visual images and shall by punished as a court-martial may direct.

“(b) Definitions.—In this section (article):

“(1) BROADCAST.—The term ‘broadcast’ means to electronically transmit a visual image with the intent that it be viewed by a person or persons.

“(2) DISTRIBUTE.—The term ‘distribute’ means to deliver to the actual or constructive possession of another person, including transmission by mail or electronic means.

“(3) INTIMATE VISUAL IMAGE.—The term ‘intimate visual image’ means a photograph, video, film, or recording made by any means that depicts a private area of a person.

“(4) PRIVATE AREA.—The term ‘private area’ means the naked or underwear-clad genitalia, anus, buttocks, or female areola or nipple.

“(5) REASONABLE EXPECTATION OF PRIVACY.—The term ‘reasonable expectation of privacy’ refers to circumstances in which a reasonable person would believe that an intimate visual image of a private area of the person would not be broadcast or distributed to another person.”.

(b) Clerical amendment.—The table of sections at the beginning of subchapter X of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by inserting after the item relating to section 917 (article 117) the following new item:


“917a. 117a. Wrongful broadcast or distribution of intimate visual images.”.

SEC. 524. Information for the Special Victims’ Counsel or Victims’ Legal Counsel.

Section 1044e(b)(6) of title 10, United States Code, is amended by adding at the end the following new sentence: “If there is a military prosecution of the alleged sex-related offense, the Special Victims’ Counsel or Victims’ Legal Counsel shall be entitled to a copy of all case information and documentation that is in the possession of the prosecutor, relevant to such military prosecution, and not privileged.”

SEC. 525. Special Victims’ Counsel training regarding the unique challenges often faced by male victims of sexual assault.

The baseline Special Victims’ Counsel training established under section 1044e(d)(2) of title 10, United States Code, shall include training for Special Victims’ Counsel to recognize and deal with the unique challenges often faced by male victims of sexual assault.

SEC. 526. Garnishment to satisfy judgment rendered for physically, sexually, or emotionally abusing a child.

(a) Garnishment authority.—Section 1408 of title 10, United States Code, is amended by adding at the end the following new subsection:

“(l) Garnishment to satisfy a judgment rendered for physically, sexually, or emotionally abusing a child.— (1) Subject to paragraph (2), any payment of retired pay that would otherwise be made to a member shall be paid (in whole or in part) by the Secretary concerned to another person if and to the extent expressly provided for in the terms of a child abuse garnishment order.

“(2) A court order providing for the payment of child support or alimony or, with respect to a division of property, specifically providing for the payment of an amount of the disposable retired pay from a member to the spouse or a former spouse of the member, shall be given priority over a child abuse garnishment order. However, the limitations on the amount of disposable retired pay available for payments set forth in paragraphs (1) and (4)(B) of subsection (e) do not apply to a child abuse garnishment order.

“(3) In this section, the term ‘court order’ includes a child abuse garnishment order.

“(4) In this subsection, the term ‘child abuse garnishment order’ means a final decree issued by a court that—

“(A) is issued in accordance with the laws of the jurisdiction of that court; and

“(B) provides in the nature of garnishment for the enforcement of a judgment rendered against the member for physically, sexually, or emotionally abusing a child.

“(5) For purposes of this subsection, a judgment rendered for physically, sexually, or emotionally abusing a child is any legal claim perfected through a final enforceable judgment, which claim is based in whole or in part upon the physical, sexual, or emotional abuse of an individual under 18 years of age, whether or not that abuse is accompanied by other actionable wrongdoing, such as sexual exploitation or gross negligence.

“(6) If the Secretary concerned is served with more than one court order with respect to the retired pay of a member, the disposable retired pay of the member shall be available to satisfy such court orders on a first-come, first-served basis, with any such process being satisfied out of such moneys as remain after the satisfaction of all such processes which have been previously served.

“(7) The Secretary concerned shall not be required to vary normal pay and disbursement cycles for retired pay in order to comply with a child abuse garnishment order.”.

(b) Application of amendment.—Subsection (l) of section 1408 of title 10, United States Code, as added by subsection (a), shall apply with respect to a court order received by the Secretary concerned on or after the date of the enactment of this Act, regardless of the date of the court order.

SEC. 527. Inclusion of information in annual SAPRO reports regarding military sexual harassment and incidents involving nonconsensual distribution of private sexual images.

(a) Additional reporting requirements.—Section 1631(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 1561 note) is amended by adding at the end the following new paragraphs:

“(13) Information and data collected on official and unofficial reports of sexual harassment involving members of the Armed Forces during the year covered by the report, as follows:

“(A) The number of substantiated and unsubstantiated reports.

“(B) A synopsis of each substantiated report.

“(C) The action taken in the case of each substantiated report, including the type of disciplinary or administrative sanction imposed, if any, such as—

“(i) conviction and sentence by court-martial;

“(ii) imposition of non-judicial punishment under section 815 of title 10, United States Code (article 15 of the Uniform Code of Military Justice); or

“(iii) administrative separation or other type of administrative action imposed.

“(14) Information and data collected during the year covered by the report on each reported incident involving the nonconsensual distribution by a person subject to chapter 47 of title 10, United States Code (the Uniform Code of Military Justice) of a private sexual image of another person, including the following:

“(A) The number of substantiated and unsubstantiated reports.

“(B) A synopsis of each substantiated report.

“(C) The action taken in the case of each substantiated report, including the type of disciplinary or administrative sanction imposed, if any, such as—

“(i) conviction and sentence by court-martial;

“(ii) imposition of non-judicial punishment under section 815 of title 10, United States Code (article 15 of the Uniform Code of Military Justice); or

“(iii) administrative separation or other type of administrative action imposed.”.

(b) Application of amendment.—The amendment made by this section shall take effect on the date of the enactment of this Act and apply beginning with the reports required to be submitted by March 1, 2018, under section 1631 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 1561 note).

SEC. 528. Inclusion of information in annual SAPRO reports regarding sexual assaults committed by a member of the Armed Forces against the member’s spouse or other family member.

Beginning with the reports required to be submitted by March 1, 2018, under section 1631 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 1561 note), information regarding a sexual assault committed by a member of the Armed Forces against the spouse or intimate partner of the member or another dependent of the member shall be included in such reports in addition to the annual Family Advocacy Program report. The information shall be provided in such reports in the same manner as information is provided with respect to other official and unofficial reports of sexual assault.

SEC. 529. Notification of members of the Armed Forces undergoing certain administrative separations of potential eligibility for veterans benefits.

(a) Notification required.—A member of the Armed Forces who receives an administrative separation or mandatory discharge under conditions other than honorable shall be provided written notification that the member may petition the Veterans Benefits Administration of the Department of Veterans Affairs to receive, despite the characterization of the member’s service, certain benefits under the laws administered by the Secretary of Veterans Affairs.

(b) Deadline for notification.—Notification under subsection (a) shall be provided to a member described in such subsection in conjunction with the member’s notification of the administrative separation or mandatory discharge or as soon thereafter as practicable.

SEC. 530. Consistent access to Special Victims’ Counsel for former dependents of members of the Armed Forces.

Not later than one year after the date of the enactment of this Act, the Secretary of the Navy shall revise Navy policy regarding the eligibility of former dependents of members of the Armed Forces to representation by a Victims’ Legal Counsel so that Navy policy is consistent with Army and Air Force policy regarding Special Victims’ Counsel, which provides that a former dependent is eligible for such representation if, while entitled to legal assistance, the dependent was the victim of an alleged sex-related offense by a member of the Armed Forces.

SEC. 541. Prohibition on release of military service academy graduates to participate in professional athletics.

(a) United States Military Academy.—Section 4348(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:

“(5) That the cadet will not seek release from the commissioned service obligation of the cadet to pursue a career as a professional athlete and understands that the appointment alternative described in paragraph (3) will not be used to allow the cadet to pursue such a career.”.

(b) United States Naval Academy.—Section 6959(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:

“(5) That the midshipman will not seek release from the commissioned service obligation of the midshipman to pursue a career as a professional athlete and understands that the appointment alternative described in paragraph (3) will not be used to allow the midshipman to pursue such a career.”.

(c) United States Air Force Academy.—Section 9348(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:

“(5) That the cadet will not seek release from the commissioned service obligation of the cadet to pursue a career as a professional athlete and understands that the appointment alternative described in paragraph (2) will not be used to allow the cadet to pursue such a career.”.

(d) Application of amendments.—The Secretaries of the military departments shall promptly revise the cadet and midshipman service agreements under sections 4348, 6959, and 9348 of title 10, United States Code, to reflect the amendments made by this section. The revised agreement shall apply to cadets and midshipmen who are attending the United States Military Academy, the United States Naval Academy, or the United States Air Force Academy on the date of the enactment of this Act and to persons who begin attendance at such military service academies on or after that date.

SEC. 542. ROTC Cyber Institutes at the senior military colleges.

(a) Program authorized.—The Secretary of Defense may carry out a program to establish a Reserve Officers' Training Corps Cyber Institute (referred to in this Act as an “ROTC Cyber Institute”) at each of the senior military colleges for purposes of accelerating 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 ROTC Cyber Institute established under the program authorized by subsection (a) shall include the following:

(1) Programs to provide future military and civilian leaders of the Armed Forces or the Department of Defense, as the case may be, who possess cyber operational expertise from beginning through advanced skill levels. Such programs shall include instruction and practical experiences that lead to recognized certifications in the cyber field.

(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 language programs critical to cyber operations.

(4) Programs designed to develop early interest and cyber talent through summer programs for elementary school and secondary school students and dual enrollment opportunities for cyber, strategic language, and cryptography related courses.

(5) Training and education programs to expand the pool of qualified cyber instructors necessary to support cyber education in regional school systems.

(c) Partnerships with Department of Defense and the Armed Forces.—Any ROTC Cyber Institute established under the program authorized by 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 military career.

(d) Partnerships with other schools.—Any ROTC Cyber Institute established under the program authorized by subsection (a) may enter into a partnership with one or more local educational agencies to facilitate the development of critical cyber skills under the program among students attending the elementary schools and secondary schools of such agencies who may pursue a military career.

(e) Definitions.—In this section:

(1) ESEA TERMS.—The terms “elementary school”, “secondary school”, and “local educational agency” have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

(2) SENIOR MILITARY COLLEGES.—The term “senior military colleges” means the senior military colleges described in section 2111a(f) of title 10, United States Code.

SEC. 543. Lieutenant Henry Ossian Flipper Leadership Scholarship Program.

(a) Authority.—The Secretary of the Army shall carry out a program to be known as the “Lieutenant Henry Ossian Flipper Leadership Scholarship Program” under which the Secretary may provide financial assistance, in accordance with this section, to a person—

(1) who is pursuing a recognized postsecondary credential at a minority-serving institution; and

(2) who enters into an agreement with the Secretary as described in subsection (b).

(b) Service agreement for scholarship recipients.—

(1) IN GENERAL.—To receive financial assistance under this section—

(A) a member of the Army shall enter into an agreement to serve on active duty in the Army for the period of obligated service determined under paragraph (2); and

(B) a person who is not a member of the Army shall enter into an agreement to enlist or accept a commission in the Army and to serve on active duty in Army for the period of obligated service determined under paragraph (2).

(2) PERIOD OF OBLIGATED SERVICE.—The period of obligated service for a recipient of financial assistance under this section shall be the period determined by the Secretary of Army as being appropriate to obtain adequate service in exchange for the financial assistance. The period of service required of a recipient shall be not less than the period equal to three-fourths of the total period of pursuit of a credential for which the Secretary agrees to provide the recipient with financial assistance under this section. The period of obligated service is in addition to any other period for which the recipient is obligated to serve on active duty.

(3) TERMS OF AGREEMENT.—An agreement entered into under this section by a person pursuing a recognized postsecondary credential shall include the following terms:

(A) SERVICE START DATE.—The period of obligated service will begin on a date after the award of the credential, as determined by the Secretary of the Army.

(B) ACADEMIC PROGRESS.—The person will maintain satisfactory academic progress, as determined by the Secretary, and that failure to maintain such progress constitutes grounds for termination of the financial assistance for the person under this section.

(C) OTHER TERMS.—Any other terms and conditions that the Secretary determines to be appropriate for carrying out this section.

(c) Amount of assistance.—The amount of the financial assistance provided for a person under this section shall be the amount determined by the Secretary of the Army as being necessary to pay the person’s cost of attendance at the minority-serving institution.

(d) Use of assistance for support of internships.—The financial assistance for a person under this section may also be provided to support internship activities of the person at the Department of Defense in periods between the academic years leading to the credential for which assistance is provided the person under this section.

(e) Repayment for period of unserved obligated service.—A member of the Army who does not complete the period of active duty specified in the service agreement under subsection (b) shall be subject to the repayment provisions of section 303a(e) of title 37.

(f) Report.—Not later than one year after the date of the enactment of this Act, the Secretary of the Army shall submit to the congressional defense committees a report that includes—

(1) an assessment of the progress of the Secretary in carrying out the scholarship program under this section;

(2) the number of scholarships that the Secretary intends to award in the academic year beginning after the date of the submission of the report; and

(3) a description of the Secretary’s efforts to promote the scholarship program at minority-serving institutions.

(g) Definitions.—In this Act:

(1) COST OF ATTENDANCE.—The term “cost of attendance” has the meaning given the term in section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll).

(2) MINORITY-SERVING INSTITUTION.—The term “minority-serving institution” means an institution of higher education described in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).

(3) RECOGNIZED POSTSECONDARY CREDENTIAL.—The term “recognized postsecondary credential” has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).

SEC. 551. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees.

(a) Assistance to schools with significant numbers of military dependent students.—Of the amount authorized to be appropriated for fiscal year 2018 by section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in division D, $30,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (a) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 20 U.S.C. 7703b).

(b) Local educational agency defined.—In this section, the term “local educational agency” has the meaning given that term in section 7013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).

SEC. 552. 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)—

(A) by inserting “, dependents of retirees,” after “dependents of members of the armed forces”; and

(B) by inserting “and the dependents of such retirees” after “such members of the armed forces”; 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, not including a member or former member of the Coast Guard, 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. 553. Codification of authority to conduct family support programs for immediate family members of members of the Armed Forces assigned to special operations forces.

(a) Codification of existing authority.—Chapter 88 of title 10, United States Code, is amended by inserting after section 1788 a new section 1788a consisting of—

(1) a heading as follows:

§ 1788a. Family support programs: immediate family members of members of special operations forces”; and

(2) a text consisting of subsections (a), (b), (d), and (e) of section 554 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 1788 note), redesignated as subsections (a), (b), (c), and (d), respectively.

(b) Funding.—Subsection (c) of section 1788a of title 10, United States Code, as added and redesignated by subsection (a) of this section, is amended by striking “specified” and all that follows through the end of the subsection and inserting “, from funds available for Major Force Program 11, to carry out family support programs under this section.”.

(c) Elimination of pilot program references and other conforming amendments.—Section 1788a of title 10, United States Code, as added by subsection (a) of this section, is further amended—

(1) by striking “Armed Forces” each place it appears and inserting “armed forces”;

(2) by striking “pilot” each place it appears;

(3) in subsection (a)—

(A) in the subsection heading, by striking “Pilot”; and

(B) by striking “up to three” and all that follows through “providing” and inserting “programs to provide”; and

(4) in subsection (d), as redesignated by subsection (a) of this section—

(A) in paragraph (2). by striking “title 10, United States Code” and inserting “this title”; and

(B) in paragraph (3), by striking “such title” and inserting “this title”.

(d) Clerical amendment.—The table of sections at the beginning of subchapter I of chapter 88 of title 10, United States Code, is amended by inserting after the item relating to section 1788 the following new item:


“1788a. Family support programs: immediate family members of members of special operations forces.”.

(e) Conforming repeal.—Section 554 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 1788 note) is repealed.

SEC. 554. Reimbursement for State licensure and certification costs of a spouse of a member of the Armed Forces arising from relocation to another State.

(a) Reimbursement authorized.—Section 476 of title 37, United States Code, is amended by adding at the end the following new subsection:

“(p) (1) The Secretary concerned may reimburse a member of the armed forces for qualified relicensing costs of the spouse of the member when—

“(A) the member is reassigned, either as a permanent change of station or permanent change of assignment, from a duty station in one State to a duty station in another State; and

“(B) the movement of the member’s dependents is authorized at the expense of the United States under this section as part of the reassignment.

“(2) Reimbursement provided to a member under this subsection may not exceed $500 in connection with each reassignment described in paragraph (1).

“(3) In this subsection, the term ‘qualified relicensing costs’ means costs, including exam and registration fees, that—

“(A) are imposed by the State of the new duty station to secure a license or certification to engage in the same profession that the spouse of the member engaged in while in the State of the original duty station; and

“(B) are paid or incurred by the member or spouse to secure the license or certification from the State of the new duty station after the date on which the orders directing the reassignment described in paragraph (1) are issued.”.

(b) Development of recommendations to expedite license portability for military spouses.—

(1) CONSULTATION WITH STATES.—The Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard, shall consult with States—

(A) to identify barriers to the portability between States of a license, certification, or other grant of permission held by the spouse of a member of the Armed Forces to engage in an occupation when the spouse moves between States as part of a permanent change of station or permanent change of assignment of the member; and

(B) to develop recommendations for the Federal Government and the States, together or separately, to expedite the portability of such licenses, certifications, and other grants of permission for military spouses.

(2) SPECIFIC CONSIDERATIONS.—In conducting the consultation and preparing the recommendations under paragraph (1), the Secretaries shall consider the feasibility of—

(A) States accepting licenses, certifications, and other grants of permission described in paragraph (1) issued by another State and in good standing in that State;

(B) the issuance of a temporary license pending completion of State-specific requirements; and

(C) the establishment of an expedited review process for military spouses.

(3) REPORT REQUIRED.—Not later than March 15, 2018, the Secretaries shall submit to the appropriate congressional committees and the States a report containing the recommendations developed under this subsection.

(4) APPROPRIATE CONGRESSIONAL COMMITTEES.—In this subsection, the term “appropriate congressional committees” means the congressional defense committees, the Committee on Homeland Security and Government Affairs of the Senate, and the Committee on Oversight and Government Reform of the House of Representatives.

SEC. 561. Replacement of military decorations at the request of relatives of deceased members of the Armed Forces.

Subsection (a) of section 1135 of title 10, United States Code, is amended to read as follows:

“(a) Replacement.— (1) The Secretary concerned shall replace, on a one-time basis, a military decoration upon the request of—

“(A) the recipient of the military decoration;

“(B) the immediate next of kin of a deceased recipient of a military decoration; or

“(C) a relative of a deceased recipient of a military decoration who is related within the second or third degree of consanguinity to the deceased recipient.

“(2) The replacement of a military decoration under subparagraph (A) or (B) of paragraph (1) shall be provided without charge. The replacement of a military decoration under subparagraph (C) of such paragraph shall be provided at no cost to the Department of Defense.

“(3) The authority provided by this subsection is in addition to any other authority available to the Secretary concerned to replace a military decoration.”.

SEC. 562. Congressional Defense Service Medal.

(a) Establishment.—Chapter 57 of title 10, United States Code, is amended by adding at the end the following new section:

§ 1136. Congressional Defense Service Medal

“(a) Establishment.—The Secretary of Defense shall award, at the behest of and on behalf of Congress, a Congressional Defense Service Medal to a group or other entity to recognize, subject to subsection (c)(1), the exemplary service or significant achievement of the group or other entity in furtherance of the defense and national security of the United States.

“(b) Design and content.—A Congressional Defense Service Medal shall be a gold medal of appropriate design, with suitable emblems, devices, and inscriptions. The Secretary of Defense may design a Congressional Defense Service Medal to recognize the specific group or other entity and the service or achievement for which the Congressional Defense Service Medal is being awarded.

“(c) Eligibility limitations.—

“(1) NATURE OF SERVICE OR ACHIEVEMENT.—For a group or other entity to be eligible for the award of a Congressional Defense Service Medal, the service or achievement to be recognized must—

“(A) be in the field of endeavor of the group or other entity; and

“(B) represent either a lengthy period of continuous superior service or achievement or a single act of service or achievement so significant that the group or other entity is recognized and acclaimed by others in the same field of endeavor, as evidenced by the recipient having received the highest honors in the field.

“(2) EFFECT OF OTHER FEDERAL RECOGNITION.—A group or other entity may not receive a Congressional Defense Service Medal in recognition of service or achievement for which the group or other entity received a medal from the United States previously for the same or substantially the same service or achievement.

“(3) PROHIBITION ON AWARD TO AN INDIVIDUAL.—A Congressional Defense Service Medal may not be awarded to a single individual.

“(d) Time limitations.—A Congressional Defense Service Medal may not be awarded to a group or entity—

“(1) until at least five years after the conclusion of the exemplary service or significant achievement for which the Congressional Defense Service Medal is being awarded; and

“(2) unless the award is made within 25 years after the conclusion of the exemplary service or significant achievement for which the Congressional Defense Service Medal is being awarded.

“(e) Duplicate medals.—The Secretary of Defense may arrange for the striking and sale of duplicates in bronze of a Congressional Defense Service Medal, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold Congressional Defense Service Medal.”.

(b) Clerical amendment.—The table of sections at the beginning of chapter 57 of title 10, United States Code, is amended by adding at the end the following new item:


“1136. Congressional Defense Service Medal.”.

SEC. 563. 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 serious violent 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 (TBI) or Post-Traumatic Stress Disorder (PTSD).

“(c) Definitions.—In this section:

“(1) 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) The term ‘serious violent felony’ has the meaning given that term in section 3559(c)(2)(F) of title 18.”.

(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 serious violent 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 (TBI) or Post-Traumatic Stress Disorder (PTSD).

“(c) Definitions.—In this section:

“(1) 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) The term ‘serious violent felony’ has the meaning given that term in section 3559(c)(2)(F) of title 18.”.

(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 serious violent 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 (TBI) or Post-Traumatic Stress Disorder (PTSD).

“(c) Definitions.—In this section:

“(1) 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) The term ‘serious violent felony’ has the meaning given that term in section 3559(c)(2)(F) of title 18.”.

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

(a) Definition.—Subsection (b) of section 9314a of title 10, United States Code, is amended to read as follows:

“(b) Covered private sector employee defined.— (1) In this section, the term ‘covered private sector employee’ means—

“(A) an individual employed by a private firm that is engaged in providing to the Department of Defense significant and substantial defense-related systems, products, or services; or

“(B) an individual employed by a private firm in one of the critical infrastructure sectors identified in Presidential Policy Directive 21 (Critical Infrastructure Security and Resilience).

“(2) A covered private sector employee admitted for instruction at the United States Air Force Institute of Technology remains eligible for such instruction only so long as the person remains employed by the same firm.”.

(b) Use of defined term.—Section 9314a of title 10, United States Code, is amended—

(1) in subsection (a)—

(A) in paragraph (1)—

(i) by striking “defense industry employees described in subsection (b)” and inserting “a covered private sector employee”; and

(ii) by striking “Any such defense industry employee” and inserting “A covered private sector employee”; and

(B) in paragraph (2), by striking “defense industry employees” and inserting “covered private sector employees”; and

(C) in paragraph (3), by striking “defense industry employee” both places it appears and inserting “covered private sector employee”;

(2) in subsection (c)—

(A) by striking “Defense industry employees” and inserting “A covered private sector employee”; and

(B) by striking “defense industry employees” and inserting “covered private sector employees”;

(3) in subsection (d)(1), by striking “defense industry employees” and inserting “a covered private sector employee”; and

(4) in subsection (f), by striking “defense industry employees” and inserting “covered private sector employees”.

(c) Other conforming amendments.—Section 9314a of title 10, United States Code, is further amended—

(1) in subsection (a)(1), by striking “a defense focused” and inserting “a defense-focused or homeland security-focused”; and

(2) in subsection (d)—

(A) in paragraph (1), by inserting “or homeland security” after “and defense”; and

(B) in paragraph (2), by inserting before the period at the end the following: “or the Department of Homeland Security, as applicable”.

(d) Clerical amendments.—

(1) SECTION HEADING.—The heading of section 9314a of title 10, United States Code, is amended to read as follows:

§ 9314a. United States Air Force Institute of Technology: admission of certain private sector civilians”.

(2) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 901 of title 10, United States Code, is amended by striking the item relating to section 9314a and inserting the following new item:


“9314a. United States Air Force Institute of Technology: admission of certain private sector civilians.”.

SEC. 572. Servicemembers’ Group Life Insurance.

Section 1967(f)(4) of title 38, United States Code, is amended by striking the second sentence.

SEC. 573. Voter registration.

Section 705 of the Servicemembers Civil Relief Act (50 U.S.C. 4025(a)), is amended by adding at the end the following new subsection:

“(c) Registration.—

“(1) IN GENERAL.—For the purposes of voting in any election for Federal office (as defined in section 301 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101)) or State or local office, a servicemember who registers to vote in a State in which the servicemember is present in compliance with military orders for a permanent change of station shall not, solely by reason of that registration—

“(A) be deemed to have acquired a residence or domicile in that State;

“(B) be deemed to have become a resident in or a resident of that State; or

“(C) be deemed to have lost a residence or domicile in any other State, without regard to whether or not the person intends to return to that State.

“(2) NOTIFICATION BY THE SERVICEMEMBER.—A servicemember who elects to register to vote in the State in which the servicemember is present in compliance with military orders for a permanent change of station shall notify the Service Voting Action Officer of the military department concerned not later than 10 days after such registration.

“(3) NOTIFICATION BY THE SERVICE VOTING ACTION OFFICER.—A Service Voting Action Officer who receives a notification under paragraph (2) shall notify the chief State election official of the State in which the servicemember resides or is domiciled of such registration not later than 10 days after such registration.”.

SEC. 574. Sense of Congress regarding section 504 of title 10, United States Code, on existing authority of the Department of Defense to enlist individuals, not otherwise eligible for enlistment, whose enlistment is vital to the national interest.

It is the sense of Congress that a statute currently exists, specifically paragraph (2) of subsection (b) of section 504 of title 10, United States Code, which states that “the Secretary concerned may authorize the enlistment of a person not described in paragraph (1) [of that subsection] if the Secretary determines that such enlistment is vital to the national interest”.

SEC. 601. Annual adjustment of basic monthly pay.

The adjustment in the rates of monthly basic pay required by subsection (a) of section 1009 of title 37, United States Code, to be made on January 1, 2018, shall take effect, notwithstanding any determination made by the President under subsection (e) of such section with respect to an alternative pay adjustment to be made on such date.

SEC. 602. Limitation on basic allowance for housing modification authority for members of the uniformed services residing in Military Housing Privatization Initiative housing.

(a) In general.—Paragraph (3) of section 403(b) of title 37, United States Code, is amended by adding at the end the following new subparagraph:

“(C) The Secretary of Defense may not reduce the rate of basic allowance for housing in effect on December 31, 2017, for a member of a uniformed service who resides in a housing unit acquired or constructed under the alternative authority of subchapter IV of chapter 169 of title 10 (known as the Military Housing Privatization Initiative) until January 1, 2019.”.

(b) Conforming amendment.—Subparagraph (B) of such paragraph is amended in clause (iv) by striking “Four” and inserting “Subject to subparagraph (C), four”.

(c) GAO Review.—Not later than March 1, 2018, the Comptroller General of the United States shall submit to the Committees on Armed Services of the House of Representatives and the Senate a review of the following:

(1) An analysis of the impact of reductions in the rate of the basic allowance for housing under section 403 of title 37, United States Code, on the long-term viability of the Military Housing Privatization Initiative (MHPI).

(2) An analysis of projected revenue for the MHPI, considering projected reductions in such basic allowance for housing, which compares projected revenue under the assumption that members of the armed forces will make out-of-pocket payments in addition to rent and under the assumption that members will not make such out-of-pocket payments.

(3) An analysis of the extent to which the Department of Defense has relied and continues to rely on the assumption that members of the armed forces who live in housing units acquired or constructed under the MHPI will make out-of-pocket payments in addition to basic rent in order to offset reductions in such basic housing allowance.

(4) An analysis of the future military construction costs that will be necessary to offset reduced reinvestment account distributions as a result of reductions in such basic housing allowance, consistent with the requirement included in project ground leases under the MHPI that all assets will be in like-new condition at the end of the lease.

(5) The impact on maintenance of housing units acquired or constructed under the MHPI because of the reductions in revenue for the MHPI that will result from reductions in such basic housing allowance.

(6) The impacts of the costs described in paragraph (4) and the reduction in revenue described in paragraph (5) on occupancy and revenue generated by occupancy under the MHPI, and the impact of changes in occupancy and associated revenue on the costs described in paragraph (4) and the reduction in revenue described in paragraph (5).

(7) The process for establishing the criteria for and the execution of market surveys used to establish the rates of such basic housing allowance.

SEC. 603. Housing treatment for certain members of the Armed Forces, and their spouses and other dependents, undergoing a permanent change of station within the United States.

(a) Housing treatment.—

(1) IN GENERAL.—Chapter 7 of title 37, United States Code, is amended by inserting after section 403 the following new section:

§ 403a. Housing treatment for certain members of the Armed Forces, and their spouses and other dependents, undergoing a permanent change of station within the United States

“(a) Housing treatment for certain members who have a spouse or other dependents.—

“(1) HOUSING TREATMENT REGULATIONS.—The Secretary of Defense shall prescribe regulations that permit a member of the armed forces described in paragraph (2) who is undergoing a permanent change of station within the United States to request the housing treatment described in subsection (b) during the covered relocation period of the member.

“(2) ELIGIBLE MEMBERS.—A member described in this paragraph is any member who—

“(A) has a spouse who is gainfully employed or enrolled in a degree, certificate or license granting program at the beginning of the covered relocation period;

“(B) has one or more dependents attending an elementary or secondary school at the beginning of the covered relocation period;

“(C) has one or more dependents enrolled in the Exceptional Family Member Program; or

“(D) is caring for an immediate family member with a chronic or long-term illness at the beginning of the covered relocation period.

“(b) Housing treatment.—

“(1) CONTINUATION OF HOUSING FOR THE SPOUSE AND OTHER DEPENDENTS.—If a spouse or other dependent of a member whose request under subsection (a) is approved resides in Government-owned or Government-leased housing at the beginning of the covered relocation period, the spouse or other dependent may continue to reside in such housing during a period determined in accordance with the regulations prescribed pursuant to this section.

“(2) EARLY HOUSING ELIGIBILITY.—If a spouse or other dependent of a member whose request under subsection (a) is approved is eligible to reside in Government-owned or Government-leased housing following the member’s permanent change of station within the United States, the spouse or other dependent may commence residing in such housing at any time during the covered relocation period.

“(3) TEMPORARY USE OF GOVERNMENT-OWNED OR GOVERNMENT-LEASED HOUSING INTENDED FOR MEMBERS WITHOUT A SPOUSE OR DEPENDENT.—If a spouse or other dependent of a member relocates at a time different from the member in accordance with a request approved under subsection (a), the member may be assigned to Government-owned or Government-leased housing intended for the permanent housing of members without a spouse or dependent until the member’s detachment date or the spouse or other dependent’s arrival date, but only if such Government-owned or Government-leased housing is available without displacing a member without a spouse or dependent at such housing.

“(4) EQUITABLE BASIC ALLOWANCE FOR HOUSING.—If a spouse or other dependent of a member relocates at a time different from the member in accordance with a request approved under subsection (a), the amount of basic allowance for housing payable may be based on whichever of the following areas the Secretary concerned determines to be the most equitable:

“(A) The area of the duty station to which the member is reassigned.

“(B) The area in which the spouse or other dependent resides, but only if the spouse or other dependent resides in that area when the member departs for the duty station to which the member is reassigned, and only for the period during which the spouse or other dependent resides in that area.

“(C) The area of the former duty station of the member, but only if that area is different from the area in which the spouse or other dependent resides.

“(c) Rule of construction related to certain basic allowance for housing payments.—Nothing in this section shall be construed to limit the payment or the amount of basic allowance for housing payable under section 403(d)(3)(A) of this title to a member whose request under subsection (a) is approved.

“(d) Housing treatment education.—The regulations prescribed pursuant to this section shall ensure the relocation assistance programs under section 1056 of title 10 include, as part of the assistance normally provided under such section, education about the housing treatment available under this section.

“(e) Definitions.—In this section:

“(1) COVERED RELOCATION PERIOD.— (A) Subject to subparagraph (B), the term ‘covered relocation period’, when used with respect to a permanent change of station of a member of the armed forces, means the period that—

“(i) begins 180 days before the date of the permanent change of station; and

“(ii) ends 180 days after the date of the permanent change of station.

“(B) The regulations prescribed pursuant to this section may provide for a lengthening of the covered relocation period of a member for purposes of this section.

“(2) DEPENDENT.—The term ‘dependent’ has the meaning given that term in section 401 of this title.

“(3) PERMANENT CHANGE OF STATION.—The term ‘permanent change of station’ means a permanent change of station described in section 452(b)(2) of this title.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 7 such title is amended by inserting after the item relating to section 403 the following new item:


“403a. Housing treatment for certain members of the armed forces, and their spouses and other dependents, undergoing a permanent change of station within the United States.”.

(b) Effective date.—The amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply with respect to permanent changes of station of members of the Armed Forces that occur on or after October 1 of the fiscal year that begins after such date of enactment.

SEC. 604. 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 30 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. 611. One-year extension of certain bonus and special pay authorities for reserve forces.

The following sections of title 37, United States Code, are amended by striking “December 31, 2017” and inserting “December 31, 2018”:

(1) Section 308b(g), relating to Selected Reserve reenlistment bonus.

(2) Section 308c(i), relating to Selected Reserve affiliation or enlistment bonus.

(3) Section 308d(c), relating to special pay for enlisted members assigned to certain high-priority units.

(4) Section 308g(f)(2), relating to Ready Reserve enlistment bonus for persons without prior service.

(5) Section 308h(e), relating to Ready Reserve enlistment and reenlistment bonus for persons with prior service.

(6) Section 308i(f), relating to Selected Reserve enlistment and reenlistment bonus for persons with prior service.

(7) Section 478a(e), relating to reimbursement of travel expenses for inactive-duty training outside of normal commuting distance.

(8) Section 910(g), relating to income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service.

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

(a) Title 10 authorities.—The following sections of title 10, United States Code, are amended by striking “December 31, 2017” and inserting “December 31, 2018”:

(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.

(b) Title 37 authorities.—The following sections of title 37, United States Code, are amended by striking “December 31, 2017” and inserting “December 31, 2018”:

(1) Section 302c-1(f), relating to accession and retention bonuses for psychologists.

(2) Section 302d(a)(1), relating to accession bonus for registered nurses.

(3) Section 302e(a)(1), relating to incentive special pay for nurse anesthetists.

(4) Section 302g(e), relating to special pay for Selected Reserve health professionals in critically short wartime specialties.

(5) Section 302h(a)(1), relating to accession bonus for dental officers.

(6) Section 302j(a), relating to accession bonus for pharmacy officers.

(7) Section 302k(f), relating to accession bonus for medical officers in critically short wartime specialties.

(8) Section 302l(g), relating to accession bonus for dental specialist officers in critically short wartime specialties.

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

The following sections of title 37, United States Code, are amended by striking “December 31, 2017” and inserting “December 31, 2018”:

(1) Section 312(f), relating to special pay for nuclear-qualified officers extending period of active service.

(2) Section 312b(c), relating to nuclear career accession bonus.

(3) Section 312c(d), relating to nuclear career annual incentive bonus.

SEC. 614. One-year extension of 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, 2017” and inserting “December 31, 2018”:

(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 333(i), relating to special bonus and incentive pay authorities for nuclear officers.

(4) Section 334(i), relating to special aviation incentive pay and bonus authorities for officers.

(5) Section 335(k), relating to special bonus and incentive pay authorities for officers in health professions.

(6) Section 336(g), relating to contracting bonus for cadets and midshipmen enrolled in the Senior Reserve Officers' Training Corps.

(7) Section 351(h), relating to hazardous duty pay.

(8) Section 352(g), relating to assignment pay or special duty pay.

(9) Section 353(i), relating to skill incentive pay or proficiency bonus.

(10) Section 355(h), relating to retention incentives for members qualified in critical military skills or assigned to high priority units.

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

The following sections of title 37, United States Code, are amended by striking “December 31, 2017” and inserting “December 31, 2018”:

(1) Section 301b(a), relating to aviation officer retention bonus.

(2) Section 307a(g), relating to assignment incentive pay.

(3) Section 308(g), relating to reenlistment bonus for active members.

(4) Section 309(e), relating to enlistment bonus.

(5) Section 316a(g), relating to incentive pay for members of precommissioning programs pursuing foreign language proficiency.

(6) Section 324(g), relating to accession bonus for new officers in critical skills.

(7) Section 326(g), relating to incentive bonus for conversion to military occupational specialty to ease personnel shortage.

(8) Section 327(h), relating to incentive bonus for transfer between Armed Forces.

(9) Section 330(f), relating to accession bonus for officer candidates.

SEC. 616. Reimbursement for State licensure and certification costs of a member of the Armed Forces arising from separation from the Armed Forces.

(a) Reimbursement authorized.—Section 1143 of title 10, United States Code, is amended by adding at the end the following new subsection:

“(f) Reimbursement for State licensure and certification costs.— (1) The Secretary concerned may reimburse a member of the armed forces who separates from the armed forces for qualified relicensing costs of the member.

“(2) Reimbursement provided to a member under this subsection may not exceed $500.

“(3) In this subsection, the term ‘qualified relicensing costs’ means costs, including exam and registration fees, that—

“(A) are imposed by the State in which the member resides after separation from the armed forces to secure a license or certification to engage in a profession; and

“(B) are paid or incurred by the member to secure the license or certification from the State in which the member resides after separation from the armed forces.”.

(b) Development of recommendations to expedite license portability for members of the Armed Forces.—

(1) CONSULTATION WITH STATES.—The Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard, shall consult with States—

(A) to identify barriers to the portability between States of a license, certification, or other grant of permission held by a member of the Armed Forces to engage in an occupation when the member separates from the Armed Forces; and

(B) to develop recommendations for the Federal Government and the States, together or separately, to expedite the portability of such licenses, certifications, and other grants of permission for separated members of the Armed Forces.

(2) SPECIFIC CONSIDERATIONS.—In conducting the consultation and preparing the recommendations under paragraph (1), the Secretaries shall consider the feasibility of—

(A) States accepting licenses, certifications, and other grants of permission described in paragraph (1) issued by another State and in good standing in that State;

(B) the issuance of a temporary license pending completion of State-specific requirements; and

(C) the establishment of an expedited review process for separated members of the Armed Forces.

(3) REPORT REQUIRED.—Not later than March 15, 2018, the Secretaries shall submit to the appropriate congressional committees and the States a report containing the recommendations developed under this subsection.

(4) APPROPRIATE CONGRESSIONAL COMMITTEES.—In this subsection, the term “appropriate congressional committees” means the congressional defense committees, the Committee on Homeland Security and Government Affairs of the Senate, and the Committee on Oversight and Government Reform of the House of Representatives.

SEC. 617. Increase in maximum amount of aviation bonus for 12-month period of obligated service.

Section 334(c)(1)(B) of title 37, United States Code, is amended by striking “$35,000” and inserting “$50,000”.

SEC. 618. Technical and clerical amendments relating to 2008 consolidation of certain special pay authorities.

(a) Repayment provisions.—

(1) TITLE 10.—Section 510(i), subsections (a)(3) and (c) of section 2005, paragraphs (1) and (2) of section 2007(e), section 2105, section 2123(e)(1)(C), section 2128(c), section 2130a(d), section 2171(g), section 2173(g)(2), paragraphs (1) and (2) of section 2200a(e), section 4348(f), section 6959(f), section 9348(f), subsections (a)(2) and (b) of section 16135, section 16203(a)(1)(B), section 16301(h), section 16303(d), and the matter preceding subparagraph (A) of paragraph (1) and the matter preceding subparagraph (A) of paragraph (2) of section 16401(f) of title 10, United States Code, are each amended by inserting “or 373” before “of title 37”.

(2) TITLE 14.—Section 182(g) of title 14, United States Code, is amended by inserting “or 373” before “of title 37”.

(b) Officers appointed pursuant to an agreement under section 329 of title 37.—Section 641 of title 10, United States Code, is amended by striking paragraph (6).

(c) Reenlistment leave.—The matter preceding paragraph (1) of section 703(b) of title 10, United States Code, is amended by inserting “or paragraph (1) or (3) of section 351(a)” after “section 310(a)(2)”.

(d) Rest and recuperation absence: qualified members extending duty at a designated location overseas.—The matter following paragraph (4) of section 705(a) of title 10, United States Code, is amended by inserting “or 352” after “section 314”.

(e) Rest and recuperation absence: certain members undergoing extended deployment to a combat zone.—Section 705a(b)(1)(B) of title 10, United States Code, is amended by inserting or “352(a)” after “section 305”.

(f) Military pay and allowances continuance while in a missing status.—Section 552(a)(2) of title 37, United States Code, is amended by inserting “or paragraph (2) of section 351(a)” after “section 301”.

(g) Military pay and allowances.—Section 907(d) of title 37, United States Code, is amended—

(1) in paragraph (1)—

(A) in subparagraph (A), by inserting “or 351” after “section 301”;

(B) in subparagraph (B), by inserting “or 352” after “section 301c”;

(C) in subparagraph (C), by inserting “or 353(a)” after “section 304”;

(D) in subparagraph (D), by inserting “or 352” after “section 305”;

(E) in subparagraph (E), by inserting “or 352” after “section 305a”;

(F) in subparagraph (F), by inserting “or 352” after “section 305b”;

(G) in subparagraph (G), by inserting “or 352” after “section 307a”;

(H) in subparagraph (I), by inserting “or 352” after “section 314”;

(I) in subparagraph (J), by striking “316” and inserting “353(b)”; and

(J) in subparagraph (K), by striking “323” and inserting “355”; and

(2) in paragraph (2)—

(A) in subparagraph (A), by inserting “or 352” after “section 307”;

(B) in subparagraph (B), by striking “308” and inserting “331”;

(C) in subparagraph (C), by striking “309” and inserting “331”; and

(D) in subparagraph (D), by inserting “or 353” after “section 320”.

(h) Pay and allowances.—Section 208(a)(2) of the Public Health Service Act (42 U.S.C. 210(a)(2)) is amended by inserting “or 373” after “303a(b)”.

SEC. 621. Findings and sense of Congress regarding the Special Survivor Indemnity Allowance.

(a) Findings.—Congress finds the following:

(1) Dependency and indemnity compensation administered by the Department of Veterans Affairs provides financial support to the surviving spouses, children, and dependent parents of deceased veterans.

(2) The survivor benefit plan administered by the Department of Defense provides an inflation-adjusted annuity to the eligible survivors of certain deceased military personnel.

(3) The amount of compensation a surviving spouse may receive under the survivor benefit plan is offset on a dollar-for-dollar basis by any amount of dependency and indemnity compensation the surviving spouse receives.

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

(1) the special survivor indemnity allowance was created to assist surviving spouses and begin to repay the offset described in subsection (a)(3); and

(2) such offset should be repealed as soon as possible.

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

(a) Conveyance authorized.—The Army and Air Force Exchange Service may convey, by sale, exchange, or a combination thereof, all right, title, and interest of the United States in and to a parcel of real property, including improvements thereon, that is located at 8901 Autobahn Drive in Dallas, Texas, and was purchased using nonappropriated funds of the Army and Air Force Exchange Service.

(b) Consideration.—

(1) IN GENERAL.—Consideration for the real property conveyed under subsection (a) shall be at least equal to the fair market value of the property, as determined by the Army and Air Force Exchange Service.

(2) TREATMENT OF CASH CONSIDERATION.—Any cash consideration received from the conveyance of the property under subsection (a) may be retained by the Army and Air Force Exchange Service since the property was acquired using nonappropriated funds.

(c) Description of property.—The exact acreage and legal description of the real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Army and Air Force Exchange Service. The recipient of the property shall be required to cover the cost of the survey.

(d) Additional terms and conditions.—The Army and Air Force Exchange Service may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Army and Air Force Exchange Service considers appropriate to protect the interests of the United States.

SEC. 632. 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. 701. Physical examinations for members of a reserve component who are separating from the Armed Forces.

Section 1145 of title 10, United States Code, is amended—

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

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

“(d) Physical examinations for certain members of a reserve component.— (1) The Secretary concerned shall provide a physical examination pursuant to subsection (a)(5) to each member of a reserve component who—

“(A) during the two-year period before the date on which the member is scheduled to be separated from the armed force served on active duty in support of a contingency operation for a period of more than 30 days;

“(B) will not otherwise receive such an examination under such subsection; and

“(C) elects to receive such a physical examination.

“(2) The Secretary concerned shall—

“(A) provide the physical examination under paragraph (1) to a member during the 90-day period before the date on which the member is scheduled to be separated from the armed forces; and

“(B) issue orders to such a member to receive such physical examination.

“(3) A member may not be entitled to health care benefits pursuant to subsection (a), (b), or (c) solely by reason of being provided a physical examination under paragraph (1).

“(4) In providing to a member a physical examination under paragraph (1), the Secretary concerned shall provide to the member a record of the physical examination.”.

SEC. 702. Mental health examinations before members separate from the Armed Forces.

(a) In general.—Section 1145(a)(5)(A) of title 10, United States Code, is amended by inserting “and a mental health examination conducted pursuant to section 1074n of this title” after “a physical examination”.

(b) Conforming amendment.—Section 1074n(a) of such title is amended by inserting “(and before separation from active duty pursuant to section 1145(a)(5)(A) of this title)” after “each calendar year”.

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

(a) HBOT Treatment.—

(1) IN GENERAL.—Chapter 55 of title 10, United States Code, is amended by inserting after section 1074n the following new section:

§ 1074o. Provision of hyperbaric oxygen therapy for certain members

“(a) In general.—The Secretary may furnish hyperbaric oxygen therapy available at a military medical treatment facility to a covered member if such therapy is prescribed by a physician to treat post-traumatic stress disorder or traumatic brain injury.

“(b) Covered member defined.—In this section, the term ‘covered member’ means a member of the armed forces who is—

“(1) serving on active duty; and

“(2) diagnosed with post-traumatic stress disorder or traumatic brain injury.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1074n the following new item:


“1074o. Provision of hyperbaric oxygen therapy for certain members.”.

(b) Effective date.—The amendments made by subsection (a) shall take effect 90 days after the date of the enactment of this Act.

SEC. 711. Clarification of roles of commanders of military medical treatment facilities and Surgeons General.

(a) Role of commanders.—Section 1073c(a)(2) of title 10, United States Code, is amended—

(1) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively; and

(2) by inserting before subparagraph (B) the following new subparagraph (A):

“(A) the operation of such facility;”.

(b) Role of Surgeons general.—

(1) SURGEON GENERAL OF THE ARMY.—Section 3036(f) of title 10, United States Code, is amended by adding at the end the following new paragraph:

“(4) (A) The Surgeon General is responsible—

“(i) for the medical readiness provided by the military medical treatment facilities of the Army; and

“(ii) for maintaining a ready medical force of the Army.

“(B) In carrying out subparagraph (A), the Surgeon General shall provide operational oversight of readiness matters of the military medical treatment facilities of the Army.”.

(2) SURGEON GENERAL OF THE NAVY.—Section 5137(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:

“(4) (A) The Surgeon General is responsible—

“(i) for the medical readiness provided by the military medical treatment facilities of the Navy; and

“(ii) for maintaining a ready medical force of the Navy.

“(B) In carrying out subparagraph (A), the Surgeon General shall provide operational oversight of readiness matters of the military medical treatment facilities of the Navy.”.

(3) SURGEON GENERAL OF THE AIR FORCE.—Section 8036(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:

“(4) (A) The Surgeon General is responsible—

“(i) for the medical readiness provided by the military medical treatment facilities of the Air Force; and

“(ii) for maintaining a ready medical force of the Air Force.

“(B) In carrying out subparagraph (A), the Surgeon General shall provide operational oversight of readiness matters of the military medical treatment facilities of the Air Force.”.

SEC. 712. Maintenance of inpatient capabilities of military medical treatment facilities located outside the United States.

In carrying out section 1073d of title 10, United States Code, the Secretary of Defense shall ensure that each military medical treatment facility located outside the United States maintains, at a minimum, the inpatient capabilities of such facility as of September 30, 2016.

SEC. 713. Regular update of prescription drug pricing standard under TRICARE retail pharmacy program.

Section 1074g(d) of title 10, United States Code, is amended by adding at the end the following new paragraph:

“(3) With respect to the TRICARE retail pharmacy program described in subsection (a)(2)(E)(ii), the Secretary shall ensure that a contract entered into with a TRICARE pharmacy program contractor includes requirements described in section 1860D–12(b)(6) of the Social Security Act (42 U.S.C. 1395w–112(b)(6)) to ensure the provision of information regarding the pricing standard for prescription drugs.”.

SEC. 714. Residency requirements for podiatrists.

(a) Requirement.—In addition to any other qualification required by law or regulation, the Secretary of Defense shall ensure that to serve as a podiatrist in the Armed Forces, an individual must have successfully completed a three-year podiatric medicine and surgical residency.

(b) Application.—Subsection (a) shall apply with respect to an individual who is commissioned as an officer in the Armed Forces on or after the date that is one year after the date of the enactment of this Act.

SEC. 721. One year extension of pilot program for prescription drug acquisition cost parity in the TRICARE Pharmacy Benefits Program.

Section 743(d) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328) is amended—

(1) by striking “October 1, 2017” and inserting “October 1, 2018”; and

(2) by striking “September 30, 2018” and inserting “September 30, 2019”.

SEC. 722. Pilot program on health care assistance system.

(a) Pilot program.—The Secretary of Defense shall carry out a pilot program to provide a health care assistance service to certain covered beneficiaries enrolled in TRICARE Prime or TRICARE Select to improve the health outcomes and patient experience for covered beneficiaries with complex medical conditions.

(b) Elements.—The pilot program under subsection (a) may include the following elements:

(1) Assisting families with complex medical conditions to understand and use the health benefits under the TRICARE program.

(2) Supporting such families in accessing and navigating the health care delivery system.

(3) Providing such families with information to allow the families to make informed decisions with health care providers.

(4) Improving the health outcomes for such families.

(c) Duration.—The Secretary shall carry out the pilot program for an amount of time determined appropriate by the Secretary during the five-year period beginning January 1, 2018.

(d) Report.—Not later than January 1, 2021, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report containing an evaluation of the success of the pilot program under subsection (a), including an analysis of the implementation of the elements under subsection (b).

(e) Definitions.—In this section, the terms “covered beneficiary”, “TRICARE Prime”, “TRICARE program”, and “TRICARE Select” have the meaning given those terms in section 1072 of title 10, United States Code.

SEC. 723. Research of chronic traumatic encephalopathy.

Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2018 for advanced development for research, development, test, and evaluation for the Defense Health Program, not more than $25,000,000 may be used to award grants to medical researchers and universities to support research into early detection of chronic traumatic encephalopathy.

SEC. 724. Sense of Congress on eligibility of victims of acts of terror for evaluation and treatment at military treatment facilities.

Section 717 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328) is amended by striking subsection (d) and inserting the following new subsections:

“(d) Sense of Congress.—It is the sense of Congress that the civilians covered by this section include United States victims of domestic and international terrorism.

“(e) Definitions.—In this section:

“(1) The term ‘act of terror’ means an act of domestic terrorism or international terrorism, as those terms are defined in section 2331 of title 18, United States Code.

“(2) The term ‘covered beneficiary’ has the meaning given that term in section 1072 of title 10, United States Code.

“(3) The term ‘victim’, with respect to an act of terror, means an individual who suffered physical injury as a direct result of the act of terror.”.

SEC. 801. Procurement through online marketplaces.

(a) Establishment of program.—The Administrator of General Services shall establish a program to procure commercial products through online marketplaces for purposes of expediting procurement and ensuring reasonable pricing of commercial products. The Administrator shall carry out the program in accordance with this section, through more than one contract with more than one online marketplace provider, and shall design the program to enable Government-wide use of such marketplaces.

(b) Use of program by Secretary of Defense.—The Secretary of Defense shall purchase, as appropriate, commercial products for the Department of Defense using the program established pursuant to subsection (a).

(c) Criteria for online marketplaces.—The Administrator shall ensure that an online marketplace used under the program established pursuant to subsection (a)—

(1) is used widely in the private sector, including in business-to-business e-commerce;

(2) provides dynamic selection, in which suppliers and products may be frequently updated, and dynamic pricing, in which product prices may be frequently updated;

(3) enables offers from multiple suppliers on the same or similar products to be sorted or filtered based on product and shipping price, delivery date, and reviews of suppliers or products;

(4) does not feature or prioritize a product of a supplier based on any compensation or fee paid to the online marketplace by the supplier that is exclusively for such featuring or prioritization on the online marketplace;

(5) provides the capability for procurement oversight controls, including spending limits, order approval, and order tracking;

(6) provides consolidated invoicing, payment, and customer service functions for all transactions;

(7) satisfies requirements for supplier and product screening in subsection (d); and

(8) collects information necessary to fulfill the information requirements in subsection (h).

(d) Supplier and product screening.—The Administrator shall—

(1) provide or ensure electronic availability to an online marketplace provider awarded a contract pursuant to subsection (a), no less frequently than the first day of each month—

(A) the list of suspended and debarred contractors contained in the System of Award Management maintained by the General Services Administration, or any successor system;

(B) a list of suppliers, by product, that certify compliance with the requirements of section 2533a or 2533b of title 10, United States Code;

(C) a list of suppliers, by product, that comply with the requirements of, or are subject to an exception under, chapter 83 of title 41, United States Code;

(D) a list of suppliers, by product, with respect to which the President has issued a waiver under section 301 of the Trade Agreements Act of 1979 (19 U.S.C. 2511);

(E) a list of products, by supplier, that are suitable for the Federal Government to procure pursuant to section 2410n of title 10, United States Code, or section 8503 of title 41, United States Code; and

(F) a list of suppliers, by product, that are small business concerns;

(2) conduct reviews of suppliers to establish the lists required under paragraph (1);

(3) ensure that an online marketplace used under the program established pursuant to subsection (a) provides the ability to search suppliers and products and identify such suppliers and products as authorized or not authorized for purchase during the procurement and order approval process based on the most recent lists provided pursuant to paragraph (1).

(e) Relationship to other provisions of law.— (1) Notwithstanding any other provision of law, a procurement of a product made through an online marketplace under the program established pursuant to subsection (a)—

(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 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) is deemed to be an award of a prime contract for purposes of the goals established under section 15(g) of the Small Business Act (15 U.S.C. 644(g)), if the purchase is from a supplier that is a small business concern.

(2) Nothing in this subsection shall be construed as limiting the authority of a department or agency to restrict competition to small business concerns.

(f) Requirement to use standard terms and conditions of online marketplaces.—Notwithstanding any other provision of law, a procurement of a product through a commercial online marketplace used under the program established pursuant to subsection (a) shall be made under the standard terms and conditions of the marketplace relating to purchasing on the marketplace, and the Administrator shall not require an online marketplace to modify its standard terms and conditions as a condition of receiving a contract pursuant to subsection (a).

(g) Procedures for award of contract.—Notwithstanding section 2304 of title 10, United States Code, or any other provision of law, the award of a contract to an online marketplace provider pursuant to subsection (a) may be made without the use of full and open competition.

(h) Order information.—

(1) IN GENERAL.—The Administrator shall require each online marketplace provider awarded a contract pursuant to subsection (a) to provide to the General Services Administration, not less frequently than the first day of each month, the ability to electronically access the following information with respect to each product ordered during the preceding month:

(A) The product name and description.

(B) The date and time of the order.

(C) The product price.

(D) The person or entity within the department or agency that purchased the product and, if appropriate, the official who authorized the purchase.

(E) The delivery address specified in the order for the product.

(F) The number of suppliers that offered the same product or a similar product with substantially the same physical, functional, or performance characteristics on the same date and time that the product was ordered.

(2) DATA SYSTEM.—The Administrator shall ensure that order information listed in paragraph (1) is entered into the Federal Procurement Data System described in section 1122 of title 41, United States Code.

(i) Limitation on information disclosure.—In any contract awarded to an online marketplace provider pursuant to subsection (a), the Administrator shall require that the provider agree not to sell or otherwise make available to any third party any of the information listed in subsection (h)(1) in a manner that identifies the Federal Government, or any of its departments or agencies, as the purchaser, except with written consent of the Administrator.

(j) Comptroller general review of small business participation.—

(1) REPORT REQUIREMENT.—Not later than three years after a contract with an online marketplace provider is awarded pursuant to subsection (a), the Comptroller General of the United States shall submit to the committees listed in paragraph (2) a report on small business participation in the program established pursuant to subsection (a). The report shall include—

(A) the number of small business concerns that have registered or that have sold goods with at least one online marketplace provider;

(B) trends in small business participation;

(C) the effect, if any, of the program on the ability of agencies to meet goals established under section 15(g) of the Small Business Act (15 U.S.C. 644(g)); and

(D) a discussion of the limitations, if any, to small business participation in the program.

(2) COMMITTEES.—The committees listed in this paragraph are the following:

(A) The Committees on Armed Services of the Senate and House of Representatives.

(B) The Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives.

(C) The Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives.

(k) Definitions.—In this section:

(1) ONLINE MARKETPLACE PROVIDER.—The term “online marketplace provider” means a commercial, non-Government entity providing an online portal for the purchase of commercial products aggregated, distributed, sold, or manufactured by such entity. The term does not include an online portal managed by the Government for, or predominantly for use by, Government agencies.

(2) COMMERCIAL PRODUCT.—The term “commercial product” means a commercially available off-the-shelf item, as defined in section 104 of title 41, United States Code, except the term does not include services.

(3) SMALL BUSINESS CONCERN.—The term “small business concern” has the meaning given such term under section 3 of the Small Business Act (15 U.S.C. 632).

SEC. 802. Performance of incurred cost audits.

(a) Performance of incurred cost audits.—Chapter 137 of title 10, United States Code, is amended by inserting after section 2313a the following new section:

§ 2313b. Performance of incurred cost audits

“(a) Compliance with standards of risk and materiality.—For purposes of performing an incurred cost audit of costs associated with a contract of the Department of Defense, the Secretary of Defense shall comply with commercially accepted standards of risk and materiality.

“(b) Selection of auditing entity to perform incurred cost audits.— (1) For an incurred cost audit of a contract of the Department of Defense, the Defense Contract Management Agency or a contract administration office of a military department shall have the authority to select the Defense Contract Audit Agency or a qualified private auditor to perform an incurred cost audit, based upon guidelines that—

“(A) are issued by an audit planning committee that is comprised of one representative from each of the office of the Under Secretary of Defense for Acquisition and Sustainment, the Defense Contract Management Agency, a contract administration office of a military department, and the Defense Contract Audit Agency;

“(B) ensure that, after September 1, 2020, not less than 25 percent of incurred costs on flexibly priced contracts are audited by qualified private auditors; and

“(C) ensure that multi-year auditing is conducted only to address outstanding incurred cost audits for which a qualified incurred cost submission was submitted to the Defense Contract Audit Agency more than 12 months before the date of the enactment of this section.

“(2) (A) Not later than September 1, 2020, the Secretary of Defense shall award an indefinite delivery-indefinite quantity task order contract to two or more qualified private auditors to perform incurred cost audits of costs associated with contracts of the Department of Defense.

“(B) The Defense Contract Management Agency, a contract administration office of a military department, or an authorized entity outside the Department of the Defense may issue a task order to perform an incurred cost audit to a qualified private auditor under a task order contract awarded under subparagraph (A). Such task order may be issued only to a qualified private auditor that certifies that the qualified private auditor possesses the necessary independence to perform such an audit.

“(C) The Defense Contract Audit Agency may not conduct further audit or review of an incurred cost audit performed by a qualified private auditor pursuant to this section, unless requested to do so as part of conducting contract quality assurance functions in accordance with the Federal Acquisition Regulation.

“(3) (A) Effective September 1, 2022, the Defense Contract Audit Agency may issue unqualified audit findings for an incurred cost audit only if the Defense Contract Audit Agency is peer reviewed by a commercial auditor and passes such peer review. Such peer review shall be conducted in accordance with the peer review requirements of the generally accepted government auditing standards of the Comptroller General of the United States and shall be deemed to meet the requirements of the Defense Contract Audit Agency for a peer review under such standards.

“(B) The peer review referred to in subparagraph (A) shall occur not less frequently than once every three years.

“(C) Not later than September 1, 2019, the Secretary of Defense shall provide to the Committee on Armed Services of the House of Representatives an update on the process of securing a commercial auditor to perform the peer review referred to in subparagraph (A).

“(4) The Secretary of Defense shall consider the results of an incurred cost audit performed under this section without regard to whether the Defense Contract Audit Agency or a qualified private auditor performed the audit.

“(5) The contracting officer for a contract that is the subject of an incurred cost audit shall have the sole discretion to accept or reject an audit finding on direct costs of the contract.

“(c) Materiality standards for incurred cost audits.— (1) Not later than September 1, 2020, and except as provided in paragraph (2), the minimum materiality standard used by an auditor shall—

“(A) for a incurred cost audit of costs in an amount less than or equal to $100,000, be 4 percent of such costs;

“(B) for a incurred cost audit of costs in an amount greater than $100,000 but less than $500,000, be $2,000 plus 2 percent of such costs;

“(C) for a incurred cost audit of costs in an amount greater than $500,000 but less than $1,000,000, be $5,000 plus 1 percent of such costs;

“(D) for a incurred cost audit of costs in an amount greater than $1,000,000 but less than $5,000,000, be $8,000 plus 0.9 percent of such costs;

“(E) for a incurred cost audit of costs in an amount greater than $5,000,000 but less than $10,000,000, be $13,000 plus 0.8 percent of such costs;

“(F) for a incurred cost audit of costs in an amount greater than $10,000,000 but less than $50,000,000, be $23,000 plus 0.7 percent of such costs;

“(G) for a incurred cost audit of costs in an amount greater than $50,000,000 but less than $100,000,000, be $73,000 plus 0.6 percent of such costs;

“(H) for a incurred cost audit of costs in an amount greater than $100,000,000 but less than $500,000,000, be $153,000 plus 0.52 percent of such costs; and

“(I) for a incurred cost audit of costs in an amount greater than $500,000,000, be $503,000 plus 0.45 percent of such costs.

“(2) An auditor that performs an incurred cost audit under this section may use a materiality standard of a lesser amount than the materiality standard described under paragraph (1) with respect to a particular qualified incurred cost submission from a contractor based on an assessment of risk presented by such qualified incurred cost submission. The risk shall be assessed by the auditor in accordance with generally accepted government auditing standards and guidance issued by the Secretary of Defense.

“(3) Not later than March 1, 2019, the Comptroller General of the United States shall submit to the congressional defense committees a report on practices for assessing risk and materiality in auditing, which shall include—

“(A) a summary of commercially accepted standards of risk and materiality and Government standards for risk and materiality as related to incurred cost audits;

“(B) examples of how commercial auditing firms apply such standards in developing methodologies for conducting incurred cost audits; and

“(C) recommendations, if appropriate, to modify the minimum materiality standards under paragraph (1) to be consistent with commercially accepted standards of risk and materiality.

“(4) Not later than September 1, 2019, and every 5 years thereafter, the Secretary of Defense shall submit to the congressional defense committees a report on commercially accepted standards of risk and materiality as related to incurred cost audits. The report may contain recommendations to modify the materiality standards under paragraph (1) to be consistent with such commercially accepted standards of risk and materiality.

“(d) Timeliness of incurred cost audits.— (1) The Secretary of Defense shall ensure that all incurred cost audits performed pursuant to subsection (b) are performed in a timely manner.

“(2) The Secretary of Defense shall notify a contractor within 60 days after receipt of an incurred cost submission from the contractor whether the submission is a qualified incurred cost submission.

“(3) With respect to qualified incurred cost submissions received on or after the date of the enactment of this section, audit findings shall be issued for an incurred cost audit not later than one year after the date of receipt of such qualified incurred cost submission.

“(4) If audit findings are not issued within one year after the date of receipt of a qualified incurred cost submission, such qualified incurred cost submission shall be considered accepted in its entirety unless the Secretary of Defense can demonstrate that the contractor unreasonably withheld information necessary to perform the incurred cost audit.

“(e) Review of audit performance.—Not later than April 1, 2025, the Comptroller General of the United States shall provide a report to the congressional defense committees that evaluates for the period beginning on September 1, 2020, and ending on August 31, 2023—

“(1) the timeliness, individual cost, and quality of incurred cost audits, set forth separately by incurred cost audits performed by the Defense Contract Audit Agency and by qualified private auditors;

“(2) the cost to contractors of the Department of Defense for incurred cost audits, set forth separately by incurred cost audits performed by the Defense Contract Audit Agency and by qualified private auditors;

“(3) the effect, if any, on other types of audits conducted by the Defense Contract Audit Agency that results from incurred cost audits conducted by qualified private auditors; and

“(4) the capability and capacity of commercial auditors to conduct incurred cost audits for the Department of Defense.

“(f) Definitions.—In this section:

“(1) The term ‘commercial auditor’ means a private entity engaged in the business of performing audits.

“(2) The term ‘flexibly priced contract’ means—

“(A) a cost-type contract, fixed-price incentive fee contract, or price-redeterminable contract, or a task order issued under an indefinite delivery-indefinite quantity task order contract, for which final payment is based on actual costs incurred; or

“(B) the materials portion of a time-and-materials contract or labor-hour contract of the Department of Defense.

“(3) The term ‘incurred cost audit’ means an audit of charges to the Government by a contractor under a flexibly priced contract.

“(4) The term ‘materiality standard’ means a dollar amount of misstatements, including omissions, contained in an incurred cost audit that would be material if the misstatements, individually or in the aggregate, could reasonably be expected to influence the economic decisions of the Government made on the basis of the incurred cost audit.

“(5) The term ‘qualified incurred cost submission’ means a submission by a contractor of costs incurred under a flexibly priced contract that has been qualified by the Department of Defense as sufficient to conduct an incurred cost audit.

“(6) The term ‘qualified private auditor’ means a commercial auditor—

“(A) that performs audits in accordance with generally accepted government auditing standards of the Comptroller General of the United States; and

“(B) that has received a passing peer review rating, as defined under the generally accepted government auditing standards.”.

(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2313a the following new item:


“2313b. Performance of incurred cost audits.”.

SEC. 803. Modifications to cost or pricing data and reporting requirements.

(a) Modifications to submissions of cost or pricing data.—

(1) TITLE 10.—Subsection (a) of section 2306a of title 10, United States Code, is amended—

(A) by striking “December 5, 1990” each place it appears and inserting “June 30, 2018”;

(B) by striking “December 5, 1991” each place it appears and inserting “July 1, 2018”;

(C) by striking “$100,000” each place it appears and inserting “$750,000”;

(D) in paragraph (1)—

(i) in subparagraphs (A)(i), (B)(i), (C)(i), (C)(ii), and (D)(i), by striking “$500,000” and inserting “$2,500,000”; and

(ii) in subparagraph (B)(ii), by striking “$500,000” and inserting “$750,000”;

(E) in paragraph (6), by striking “December 5, 1990” and inserting “June 30, 2018”; and

(F) in paragraph (7), by striking “to the amount” and all that follows through “higher multiple of $50,000.” and inserting “in accordance with section 1908 of title 41.”.

(2) TITLE 41.—Section 3502 of title 41, United States Code, is amended—

(A) in subsection (a)—

(i) by striking “October 13, 1994” each place it appears and inserting “June 30, 2018”;

(ii) by striking “$100,000” each place it appears and inserting “$750,000”;

(iii) in paragraphs (1)(A), (2)(A), (3)(A), (3)(B), and (4)(A), by striking “$500,000” and inserting “$2,500,000”; and

(iv) in paragraph (2)(B), by striking “$500,000” and inserting “$750,000”;

(B) in subsection (f), by striking “October 13, 1994” and inserting “June 30, 2018”; and

(C) in subsection (g), by striking “to the amount” and all that follows through “higher multiple of $50,000.” and inserting “in accordance with section 1908.”.

(b) Modification to authority to require submission.—Paragraph (1) of section 2306a(d) of title 10, United States Code, is amended by striking “the contracting officer shall require submission of” and all the follows through “to the extent necessary” and inserting “the offeror shall be required to submit to the contracting officer data other than certified cost or pricing data (if requested by the contracting officer), to the extent necessary”.

(c) Comptroller general review of modifications to cost or pricing data submission requirements.—Not later than March 1, 2022, the Comptroller General of the United States shall submit to the congressional defense committees a report on the implementation and effect of the amendments made by subsections (a) and (b).

(d) Requirements for Defense Contract Audit Agency report.—

(1) IN GENERAL.—Section 2313a of title 10, United States Code, is amended—

(A) in subsection (a)(2)—

(i) in subparagraph (A)—

(I) by inserting “and dollar value” after “number”; and

(II) by inserting “, set forth separately by type of audit” after “pending”;

(ii) in subparagraph (C), by inserting “, both from the date of receipt of a qualified incurred cost submission and from the date the audit begins” after “audit”;

(iii) by amending subparagraph (D) to read as follows:

“(D) the sustained questioned costs, set forth separately by type of audit, both as a total value and as a percentage of the total questioned costs for the audit;”;

(iv) by striking subparagraph (E); and

(v) by inserting after subparagraph (D) the following new subparagraphs:

“(E) the total number and dollar value of incurred cost audits completed, and the method by which such incurred cost audits were completed;

“(F) the aggregate cost of performing audits, set forth separately by type of audit;

“(G) the ratio of sustained questioned costs to the aggregate costs of performing audits, set forth separately by type of audit; and

“(H) the total number and dollar value of audits that are pending for a period longer than one year as of the end of the fiscal year covered by the report, and the fiscal year in which the qualified submission was received, set forth separately by type of audit;”; and

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

“(d) Definitions.—

“(1) The terms ‘incurred cost audit’ and ‘qualified incurred cost submission’ have the meaning given those terms in section 2313b of this title.

“(2) The term ‘sustained questioned costs’ means questioned costs that were recovered by the Federal Government as a result of contract negotiations related to such questioned costs.”.

(2) EXEMPTION TO REPORT TERMINATION REQUIREMENTS.—Section 1080 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1000; 10 U.S.C. 111 note), as amended by section 1061(j) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328), does not apply to the report required to be submitted to Congress under section 2313a of title 10, United States Code.

(e) Adjustment to value of covered contracts for requirements relating to allowable costs.—Subparagraph (B) of section 2324(l)(1) of title 10, United States Code, is amended by striking “to the equivalent” and all that follows through “higher multiple of $50,000.” and inserting “in accordance with section 1908 of title 41.”.

SEC. 811. Requirement to emphasize reliability and maintainability in weapon system design.

(a) Sustainment factors in weapon system design.—

(1) IN GENERAL.—Chapter 144 of title 10, United States Code, is amended by adding at the end the following new section:

§ 2442. Sustainment factors in weapon system design

“(a) In general.—The Secretary of Defense shall ensure that the defense acquisition system gives ample emphasis to sustainment factors, particularly those factors that are affected principally by the design of a weapon system, in the development of a weapon system.

“(b) Requirements process.—The Secretary shall ensure that reliability and maintainability are included in the performance attributes of the key performance parameter on sustainment during the development of capabilities requirements.

“(c) Solicitation and award of contracts.—

“(1) REQUIREMENT.—The program manager of a weapon system shall include in the solicitation for and terms of a covered contract for the weapon system clearly defined and measurable requirements for engineering activities and design specifications for reliability and maintainability.

“(2) EXCEPTION.—If the program manager determines that engineering activities and design specifications for reliability or maintainability should not be a requirement in a covered contract, the program manager shall document in writing the justification for the decision.

“(3) SOURCE SELECTION CRITERIA.—The Secretary shall ensure that sustainment factors, including reliability and maintainability, are given ample emphasis in the process for source selection. The Secretary shall encourage the use of objective reliability and maintainability criteria in the evaluation of competitive proposals.

“(d) Contract performance.—

“(1) IN GENERAL.—The Secretary shall ensure that the Department of Defense uses best practices for responding to the positive or negative performance of a contractor in meeting the sustainment requirements of a covered contract for a weapon system. The Secretary shall encourage the use of incentive fees authorized in paragraph (2) in all covered contracts for weapons systems. The Secretary shall take the necessary actions to enable program offices to execute the recovery options required for each covered contract under paragraph (3).

“(2) AUTHORITY FOR INCENTIVE FEES.—The Secretary of Defense is authorized to pay an incentive fee to a contractor that exceeds the design specification requirements for reliability or maintainability for a covered contract. In exercising the authority provided in this paragraph, the Secretary may provide in the terms of the contract for the payment of an incentive fee to a contractor not later than the date of acceptance of the last item under the contract.

“(3) RECOVERY OPTIONS.— (A) Any covered contract for a weapon system shall include terms for amounts to be paid by the contractor to the Government for failure to meet the design specification requirements for reliability and maintainability of the contract by the date of acceptance of the last item under the contract. Terms for such amounts shall be included in the solicitation for the contract. Such terms shall include provisions providing that—

“(i) the contractor, at no or minimal cost to the Government as determined by the Secretary and included in the contract, identifies the cause of the failure in the system design, develops an engineering change, and, in the case of a production contract, modifies all end items to be delivered or already delivered under the contract; or

“(ii) the contractor provides the Government—

“(I) a refund in the amount required to identify the cause of the failure in the system design, develop an engineering change, and modify all end items delivered under the contract; and

“(II) associated technical data required to make the necessary modifications.

“(B) The Secretary may waive the requirement in subparagraph (A) with respect to a covered contract if the Secretary determines that such requirement is not in the national security interests of the United States.

“(4) MEASUREMENT OF RELIABILITY AND MAINTAINABILITY.—In carrying out paragraphs (2) and (3), the program manager shall base determinations of a contractor’s performance on reliability and maintainability data collected during developmental testing and operational testing.

“(e) Covered contract defined.—In this section, the term ‘covered contract’, with respect to a weapon system, means a contract—

“(1) for the engineering and manufacturing development of a weapon system; or

“(2) for the production of a weapon system.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of subchapter I of such chapter is amended by adding at the end the following new item:


“2442. Sustainment factors in weapon system design.”.

(b) Effective date for certain provisions.—Subsections (c) and (d) of section 2442 of title 10, United States Code, as added by subsection (a), shall apply with respect to any covered contract (as defined in that section) for which the contract solicitation is issued on or after the date occurring one year after the date of the enactment of this Act.

(c) Investment program authorized.—

(1) IN GENERAL.—The Secretary of Defense shall establish an investment program for funding engineering changes to the design of a weapon system in the engineering and manufacturing development phase or in the production phase of an acquisition program to improve reliability or maintainability of the weapon system and reduce projected operating and support costs. The program may be funded from the Defense Modernization Account authorized in section 2216 of title 10, United States Code. A program manager may apply for available funds by presenting a business case analysis of the anticipated return on investment of such funds.

(2) BRIEFING REQUIRED.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall provide a briefing to the Committees on Armed Services in the Senate and the House of Representatives on an implementation plan for the program authorized under paragraph (1). The implementation plan shall set forth the process by which program managers apply for available funds, including information on the validation of business case analyses and the evaluation of applications. The briefing shall also include the results of a review of past or existing programs to improve reliability and maintainability and reduce operating and support costs of weapon systems, an assessment of best practices and lessons learned from these programs, and an assessment of the opportunities for consolidation of existing similar programs.

SEC. 812. Licensing of appropriate intellectual property to support major weapon systems.

(a) Negotiation of price for technical data before development or production of major weapon system.—

(1) REQUIREMENT.—Chapter 144 of title 10, United States Code, is amended by inserting after section 2438 the following new section:

§ 2439. Negotiation of price for technical data before development or production of major weapon systems

“The Secretary of Defense shall ensure that the Department of Defense, before selecting a contractor for the engineering and manufacturing development of a major weapon system, or for the production of a major weapon system, negotiates a price for technical data to be delivered under a contract for such development or production.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2438 the following new item:


“2439. Negotiation of price for technical data before development or production of major weapon systems.”.

(3) EFFECTIVE DATE.—Section 2439 of title 10, United States Code, as added by paragraph (1), shall apply with respect to any contract for engineering and manufacturing development of a major weapon system, or for the production of a major weapon system, for which the contract solicitation is issued on or after the date occurring one year after the date of the enactment of this Act.

(b) Written determination for milestone b approval.—

(1) IN GENERAL.—Subsection (a)(3) of section 2366b of title 10, United States Code, is amended—

(A) by striking “and” at the end of subparagraph (M); and

(B) by inserting after subparagraph (N) the following new subparagraph:

“(O) appropriate actions have been taken to negotiate and enter into a contract or contract options for the technical data required to support the program; and”.

(2) EFFECTIVE DATE.—Section 2366b(a)(3)(O) of title 10, United States Code, as added by paragraph (1), shall apply with respect to any major defense acquisition program receiving Milestone B approval on or after the date occurring one year after the date of the enactment of this Act.

(c) Preference for negotiation of customized license agreements.—Section 2320 of title 10, United States Code, is amended—

(1) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and

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

“(f) Preference for 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 technical data to support the product support strategy of a major weapon system or subsystem of a major weapon system. In performing the assessment and developing the corresponding strategy required under subsection (e) for such a system or subsystem, a program manager shall consider the use of specially negotiated licenses to acquire customized technical data appropriate for the particular elements of the product support strategy.”.

SEC. 813. Management of intellectual property matters within the Department of Defense.

(a) Management of intellectual property.—

(1) IN GENERAL.—Chapter 137 of title 10, United States Code, is amended by inserting after section 2321 the following new section:

§ 2322. Management of intellectual property matters within the Department of Defense

“(a) Office and director of intellectual property.— (1) There is an Office of Intellectual Property within the Office of the Under Secretary of Defense for Acquisition and Sustainment.

“(2) The Office shall be headed by a Director of Intellectual Property, who shall have the qualifications described in paragraph (3). The Director is responsible in the Department of Defense to the Under Secretary of Defense for Acquisition and Sustainment for policy and oversight of the acquisition and licensing of intellectual property within the Department of Defense. The Director shall report directly to the Under Secretary.

“(3) In order to qualify to be assigned to the position of Director, an individual shall—

“(A) have management expertise in, and professional experience with, intellectual property matters, including an understanding of intellectual property law, regulations, and policies, especially with respect to regulations and policies of the Federal Government and the Department of Defense for acquiring or licensing intellectual property, and best practices for negotiating and executing business arrangements with industry for the acquisition or licensing of intellectual property;

“(B) have an understanding of Department of Defense weapon system acquisition; and

“(C) have an understanding of the commercial marketplace; commercial industry operations, including supply chain operations; business strategies; and private investment in research and development.

“(4) The Secretary of Defense shall designate the position of Director as a critical acquisition position under section 1733(b)(1)(C) of this title.

“(b) Duties.— (1) The Director of Intellectual Property (in this section referred to as the ‘Director’) shall oversee and coordinate efforts throughout the Department of Defense to acquire or license intellectual property within the Department of Defense. The duties under this paragraph shall include the duties specified in paragraphs (2) through (8).

“(2) The Director shall develop and recommend any policy guidance on the acquisition or licensing of intellectual property to be issued by the Secretary of Defense.

“(3) The Director shall provide oversight and coordination of the efforts within the Department of Defense to acquire or license intellectual property—

“(A) to ensure that program managers are aware of the rights afforded the Federal Government and contractors in intellectual property and that program managers fully consider and use all available techniques and best practices for acquiring or licensing intellectual property early in the acquisition process;

“(B) to enable consistency across the military departments and the Department of Defense in strategies for obtaining intellectual property and communicating with industry; and

“(C) to raise awareness within the acquisition, science and technology, and logistics communities within the Department of intellectual property issues.

“(4) The Director shall assist program managers in developing customized intellectual property strategies for each weapon system based on, at a minimum, the unique characteristics of the weapon system and its components, the product support strategy for the weapon system, the organic industrial base strategy of the military department concerned, and the commercial market.

“(5) The Director shall develop resources, including guidelines on intellectual property matters and, as appropriate, templates for specially negotiated licenses, and make them available to the acquisition workforce.

“(6) The Director shall establish, maintain, supervise, and assign to program offices the cadre of intellectual property experts established under subsection (c).

“(7) The Director, in coordination with the Defense Acquisition University and in consultation with industry, shall—

“(A) develop a career path, including development opportunities, talent management programs, and training, for the cadre of intellectual property experts established under subsection (c); and

“(B) develop, update, and coordinate intellectual property training provided to the acquisition workforce.

“(8) The Director shall foster communications with industry and serve as a central point of contact within the Department of Defense for communications with contractors on intellectual property matters. The Director may interact directly with industry, trade associations, other Government agencies, academic research and educational institutions, and scientific organizations engaged in intellectual property matters.

“(c) Cadre of intellectual property experts.— (1) The Director shall establish within the Office of Intellectual Property a cadre of personnel who are experts in intellectual property matters. The purpose of the cadre is to ensure a consistent, strategic, and highly knowledgeable approach to acquiring or licensing intellectual property by providing expert advice, assistance, and resources to the acquisition workforce on intellectual property matters, including acquiring or licensing intellectual property.

“(2) The cadre of experts shall be assigned to a weapons system program office or an acquisition command within a military department to advise, assist, and provide resources to a program manager or program executive officer on intellectual property matters at various stages of the life cycle of a weapon system. In performing such duties, the experts shall—

“(A) interpret and provide counsel on laws, regulations, and policies relating to intellectual property;

“(B) advise and assist in the development of an acquisition strategy, product support strategy, and intellectual property strategy for a weapon system;

“(C) conduct or assist with financial analysis and valuation of intellectual property;

“(D) assist in the drafting of a contract solicitation or contract;

“(E) interact with or assist in interactions with contractors, including communications and negotiations with contractors on contract solicitations and contract awards; and

“(F) conduct or assist with mediation if technical data delivered pursuant to a contract is incomplete or does not comply with the terms of the contract.

“(3) (A) In order to achieve the purpose set forth in paragraph (1), the Director shall ensure the cadre has the appropriate number of staff and such staff possesses the necessary skills, knowledge, and experience to carry out the duties under paragraph (2), including in relevant areas of law, contracting, acquisition, logistics, engineering, financial analysis, and valuation. The Director may use existing authorities to staff the cadre, including those in subparagraphs (B), (C), (D), and (F).

“(B) Civilian personnel from within the Office of the Secretary of Defense, Joint Staff, military departments, Defense Agencies, and combatant commands may be assigned to serve as members of the cadre, upon request of the Director.

“(C) The Director may use the authorities for highly qualified experts under section 9903 of title 5, to hire experts as members of the cadre who are skilled professionals in intellectual property and related matters.

“(D) The Director may enter into a contract with a private-sector entity for specialized expertise to support the cadre. Such entity may be considered a covered Government support contractor, as defined in section 2320 of this title.

“(E) In establishing the cadre, the Director shall give preference to civilian employees of the Department of Defense, rather than members of the armed forces, to maintain continuity in the cadre.

“(F) The Director is authorized to use funding from the Defense Acquisition Workforce Development Fund for the purpose of recruitment, training, and retention of the cadre, including paying salaries of newly hired members of the cadre for up to three years.

“(G) Members of the cadre shall report to the Director.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following new item:


“2322. Management of intellectual property matters within the Department of Defense.”.

(b) Placement in the office of the secretary of defense.—Subsection 131(b)(8) of title 10, United States Code, is amended by adding at the end the following new subparagraph:

“(J) The Director of the Office of Intellectual Property assigned pursuant to section 2322(a) of this title.”.

(c) Additional acquisition position.—Subsection 1721(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:

“(12) Intellectual property.”.

(d) Review of acquisition workforce training.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall revise the education and training programs provided to the acquisition workforce under chapter 87 of title 10, United States Code—

(1) to ensure the acquisition workforce maintains a basic familiarity with the fundamental aspects of the acquisition and licensing of intellectual property; and

(2) to establish and maintain advanced expertise in the acquisition and licensing of intellectual property to staff the cadre of intellectual property experts required under section 2322 of title 10, United States Code, as added by subsection (a).

SEC. 814. Improvement of planning for acquisition of services.

(a) In general.—

(1) IMPROVEMENT OF PLANNING FOR ACQUISITION OF SERVICES.—Chapter 137 of title 10, United States Code, is amended by inserting after section 2328 the following new section:

§ 2329. Procurement of services: data analysis and requirements validation

“(a) In general.—The Secretary of Defense shall ensure that—

“(1) appropriate and sufficiently detailed data are collected and analyzed to support the validation of requirements for services contracts and inform the planning, programming, budgeting, and execution process of the Department of Defense;

“(2) requirements for services contracts are evaluated appropriately and in a timely manner to inform decisions regarding the procurement of services; and

“(3) decisions regarding the procurement of services consider available resources and total force management policies and procedures.

“(b) Specification of amounts requested in budget.—Effective October 1, 2022, the Secretary of Defense shall annually submit to Congress information on services contracts that clearly and separately identifies the amount requested for each category of services to be procured for each Defense Agency, Department of Defense Field Activity, command, or military installation. Such information shall—

“(1) be submitted at or about the time of the budget submission by the President under section 1105(a) of title 31;

“(2) cover the fiscal year covered by such budget submission by the President;

“(3) be consistent with total amounts of estimated expenditures and proposed appropriations necessary to support the programs, projects, and activities of the Department of Defense included in such budget submission by the President for that fiscal year; and

“(4) be organized using a common enterprise data structure developed under section 2222 of this title.

“(c) Data analysis.— (1) Each Secretary of a military department shall regularly analyze past spending patterns and anticipated future requirements with respect to the procurement of services within such military department.

“(2) (A) The Secretary of Defense shall regularly analyze past spending patterns and anticipated future requirements with respect to the procurement of services—

“(i) within each Defense Agency and Department of Defense Field Activity; and

“(ii) across military departments, Defense Agencies, and Department of Defense Field Activities.

“(B) The Secretaries of the military departments shall make data on services contracts available to the Secretary of Defense for purposes of conducting the analysis required under subparagraph (A).

“(3) The analyses conducted under this subsection shall—

“(A) identify contracts for similar services that are procured for three or more consecutive years at each Defense Agency, Department of Defense Field Activity, command, or military installation;

“(B) evaluate patterns in the procurement of services, to the extent practicable, at each Defense Agency, Department of Defense Field Activity, command, or military installation and by category of services procured;

“(C) be used to validate requirements for services contracts entered into after the date of the enactment of this subsection; and

“(D) be used to inform decisions on the award of and funding for such services contracts.

“(d) Requirements evaluation.—Each Services Requirements Review Board shall evaluate each requirement for a services contract, taking into consideration total force management policies and procedures, available resources, the analyses conducted under subsection (c), and contracting efficacy and efficiency. An evaluation of a services contract for compliance with contracting policies and procedures may not be considered to be an evaluation of a requirement for such services contract.

“(e) Timely planning to avoid bridge contracts.— (1) Effective October 1, 2018, the Secretary of Defense shall ensure that a requirements owner shall, to the extent practicable, plan appropriately before the date of need of a service at a Defense Agency, Department of Defense Field Activity, command, or military installation to avoid the use of a bridge contract to provide for continuation of a service to be performed through a services contract. Such planning shall include allowing time for a requirement to be validated, a services contract to be entered into, and funding for the services contract to be secured.

“(2) (A) Upon the first use, due to inadequate planning (as determined by the Secretary of Defense), of a bridge contract to provide for continuation of a service to be performed through a services contract, the requirements owner, along with the contracting officer or a designee of the contracting officer for the contract, shall—

“(i) for a services contract in an amount less than $10,000,000, provide an update on the status of the bridge contract (including the rationale for using the bridge contract) to the commander or the senior civilian official of the Defense Agency concerned, Department of Defense Field Activity concerned, command concerned, or military installation concerned, as applicable; or

“(ii) for a services contract in an amount equal to or greater than $10,000,000, provide an update on the status of the bridge contract (including the rationale for using the bridge contract) to the service acquisition executive for the military department concerned, the head of the Defense Agency concerned, the combatant commander concerned, or the Under Secretary of Defense for Acquisition and Sustainment, as applicable.

“(B) Upon the second use, due to inadequate planning (as determined by the Secretary of Defense), of a bridge contract to provide for continuation of a service to be performed through a services contract in an amount less than $10,000,000, the commander or senior civilian official referred to in subparagraph (A)(i) shall provide notification of such second use to the Vice Chief of Staff of the armed force concerned and the service acquisition executive of the military department concerned, the head of the Defense Agency concerned, the combatant commander concerned, or the Under Secretary of Defense for Acquisition and Sustainment, as applicable.

“(f) Exception.—Except with respect to the analyses required under subsection (c), this section shall not apply to—

“(1) services contracts in support of contingency operations, humanitarian assistance, disaster relief, or national security emergencies; or

“(2) services contracts entered into pursuant to an international agreement.

“(g) Definitions.—In this section:

“(1) The term ‘bridge contact’ means—

“(A) an extension to an existing contract beyond the period of performance to avoid a lapse in service caused by a delay in awarding a subsequent contract; or

“(B) a new short-term contract awarded on a sole-source basis to avoid a lapse in service caused by a delay in awarding a subsequent contract.

“(2) The term ‘requirements owner’ means a member of the armed forces (other than the Coast Guard) or a civilian employee of the Department of Defense responsible for a requirement for a service to be performed through a services contract.

“(3) The term ‘Services Requirements Review Board’ has the meaning given in Department of Defense Instruction 5000.74, titled ‘Defense Acquisition of Services’ and dated January 5, 2016, or a successor instruction.”

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2328 the following new item:


“2329. Procurement of services: data analysis and requirements validation.”.

(b) Conforming repeal.—Effective October 1, 2022—

(1) section 235 of title 10, United States Code, is repealed; and

(2) the table of sections at the beginning of chapter 9 of such title is amended by striking the item relating to section 235.

SEC. 815. Improvements to test and evaluation processes and tools.

(a) Developmental test plan sufficiency assessments.—

(1) ADDITION TO MILESTONE B BRIEF SUMMARY REPORT.—Section 2366b(c)(1) of title 10, United States Code, is amended—

(A) by redesignating subparagraph (G) as subparagraph (H); and

(B) by inserting after subparagraph (F) the following new subparagraph (G):

“(G) An assessment of the sufficiency of developmental test and evaluation plans, including the use of automated data analytics or modeling and simulation tools.”.

(2) ADDITION TO MILESTONE C BRIEF SUMMARY REPORT.—Section 2366c(a) of such title is amended by inserting after paragraph (3) the following new paragraph:

“(4) An assessment of the sufficiency of the developmental test and evaluation completed, including the use of automated data analytics or modeling and simulation tools.”.

(3) RESPONSIBILITY FOR CONDUCTING ASSESSMENTS.—For purposes of the sufficiency assessments required by section 2366b(c)(1) and section 2366c(a)(4) of such title, as added by paragraphs (1) and (2), with respect to a major defense acquisition program—

(A) if the milestone decision authority for the program is the service acquisition executive of the military department that is managing the program, the sufficiency assessment shall be conducted by the senior official within the military department with responsibility for developmental testing; and

(B) if the milestone decision authority for the program is the Under Secretary of Defense for Acquisition and Sustainment, the sufficiency assessment shall be conducted by the senior Department of Defense official with responsibility for developmental testing.

(4) GUIDANCE REQUIRED.—Within one year after the date of the enactment of this Act, the senior Department of Defense official with responsibility for developmental testing shall develop guidance for the sufficiency assessments required by section 2366b(c)(1) and section 2366c(a)(4) of title 10, United States Code, as added by paragraphs (1) and (2). At a minimum, the guidance shall require—

(A) for the sufficiency assessment required by section 2366b(c)(1) of such title, that the assessment address the sufficiency of—

(i) the developmental test and evaluation plan;

(ii) the developmental test and evaluation schedule, including a comparison to historic analogous systems;

(iii) the developmental test and evaluation resources (facilities, personnel, test assets, data analytics tools, and modeling and simulation capabilities);

(iv) the risks of developmental test and production concurrency; and

(v) the developmental test criteria for entering the production phase; and

(B) for the sufficiency assessment required by section 2366c(a)(4) of such title, that the assessment address—

(i) the sufficiency of the developmental test and evaluation completed;

(ii) the sufficiency of the plans and resources available for remaining developmental test and evaluation;

(iii) the risks identified during developmental testing to the production and deployment phase;

(iv) the sufficiency of the plans and resources for remaining developmental test and evaluation; and

(v) the readiness of the system to perform scheduled initial operational test and evaluation.

(b) Evaluation of Department of Defense need for centralized tools for developmental test and evaluation.—

(1) IN GENERAL.—The Secretary of Defense shall evaluate the strategy of the Department of Defense for developing and expanding the use of tools designed to facilitate the cost effectiveness and efficiency of developmental testing, including automated test methods and tools, modeling and simulation tools, and big data analytics technologies. The evaluation shall include a determination of the appropriate role of the senior Department of Defense official with responsibility for developmental testing in developing enterprise level strategies related to such types of testing tools.

(2) BRIEFING REQUIRED.—Not later than one year after the date of the enactment of this Act, the Secretary shall provide a briefing to the Committee on Armed Services of the House of Representatives on the results of the evaluation required by paragraph (1).

SEC. 821. Enhancements to the civilian program management workforce.

(a) Establishment of program manager development program.—

(1) IN GENERAL.—The Secretary of Defense, in consultation with the Secretaries of the military departments, shall implement a program manager development program to provide for the professional development of high-potential, experienced civilian personnel. Personnel shall be competitively selected for the program based on their potential to become a program manager of a major defense acquisition program, as defined in section 2430 of title 10, United States Code. The program shall be administered and overseen by the Secretary of each military department, acting through the service acquisition executive for the department concerned.

(2) PLAN REQUIRED.—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 Senate and the House of Representatives a comprehensive plan to implement the program established under paragraph (1). In developing the plan, the Secretary of Defense shall seek the input of relevant external parties, including professional associations, other government entities, and industry. The plan shall include the following elements:

(A) An assessment of the minimum level of subject matter experience, education, years of experience, certifications, and other qualifications required to be selected into the program, set forth separately for current Department of Defense employees and for personnel hired into the program from outside the Department of Defense.

(B) A description of hiring flexibilities to be used to recruit qualified personnel from outside the Department of Defense.

(C) A description of the extent to which mobility agreements will be required to be signed by personnel selected for the program during their participation in the program and after their completion of the program. The use of mobility agreements shall be applied to help maximize the flexibility of the Department of Defense in assigning personnel, while not inhibiting the participation of the most capable candidates.

(D) A description of the tenure obligation required of personnel selected for the program.

(E) A plan for training during the course of the program, including training in leadership, program management, engineering, finance and budgeting, market research, business acumen, contracting, supplier management, requirement setting and tradeoffs, intellectual property matters, and software.

(F) A description of career paths to be followed by personnel in the program in order to ensure that personnel in the program gain expertise in the program management functional career field competencies identified by the Department in existing guidance and the topics listed in subparagraph (E), including—

(i) a determination of the types of advanced educational degrees that enhance program management skills and the mechanisms available to the Department of Defense to facilitate the attainment of those degrees by personnel in the program;

(ii) a determination of required assignments to positions within acquisition programs, including position type and acquisition category of the program office;

(iii) a determination of required or encouraged rotations to career broadening positions outside of acquisition programs; and

(iv) a determination of how the program will ensure the opportunity for a required rotation to industry of at least six months to develop an understanding of industry motivation and business acumen, such as by developing an industry exchange program for civilian program managers, similar to the Corporate Fellows Program of the Secretary of Defense.

(G) A general description of the number of personnel anticipated to be selected into the program, how frequently selections will occur, how long personnel selected into the program will participate in the program, and how personnel will be placed into an assignment at the completion of the program.

(H) A description of benefits that will be offered under the program using existing human capital flexibilities to retain qualified employees, such as student loan repayments.

(I) An assessment of personnel flexibilities needed to allow the military departments and the Defense Agencies to reassign or remove program managers that do not perform effectively.

(J) A description of how the program will be administered and overseen by the Secretaries of each military department, acting through the service acquisition executive for the department concerned.

(K) A description of how the program will be integrated with existing program manager development efforts at each military department.

(3) USE OF DEFENSE ACQUISITION WORKFORCE DEVELOPMENT FUND.—Amounts in the Department of Defense Acquisition Workforce Development Fund (established under section 1705 of title 10, United States Code) may be used to pay the base salary of personnel in the program established under paragraph (1) during the period of time such personnel are temporarily assigned to a developmental rotation or training program anticipated to last at least six months.

(4) IMPLEMENTATION.—The program established under paragraph (1) shall be implemented not later than September 30, 2019.

(b) Independent study of incentives for program managers.—

(1) REQUIREMENT FOR STUDY.—Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall enter into a contract with an independent research entity described in paragraph (2) to carry out a comprehensive study of incentives for Department of Defense civilian and military program managers for major defense acquisition programs, including—

(A) additional pay options for program managers to provide incentives to senior civilian employees and military officers to accept and remain in program manager roles;

(B) a financial incentive structure to reward program managers for delivering capabilities on budget and on time; and

(C) a comparison between financial and non-financial incentive structures for program managers in the Department of Defense and an appropriate comparison group of private industry companies.

(2) INDEPENDENT RESEARCH ENTITY.—The entity described in this subsection is an independent research entity that is a not-for-profit entity or a federally funded research and development center with appropriate expertise and analytical capability.

(3) REPORTS.—

(A) TO SECRETARY.—Not later than nine months after the date of the enactment of this Act, the independent research entity shall provide to the Secretary a report containing—

(i) the results of the study required by paragraph (1); and

(ii) such recommendations to improve the financial incentive structure of program managers for major defense acquisition programs as the independent research entity considers to be appropriate.

(B) TO CONGRESS.—Not later than 30 days after receipt of the report under subparagraph (A), the Secretary of Defense shall submit such report, together with any additional views or recommendations of the Secretary, to the congressional defense committees.

SEC. 822. Improvements to the hiring and training of the acquisition workforce.

(a) Use of funds from the defense acquisition workforce development fund to pay salaries of personnel to manage the fund.—

(1) IN GENERAL.—Subsection 1705(e) of title 10, United States Code, is amended—

(A) in paragraph (1)—

(i) by inserting “(A)” before “Subject to the provisions of this subsection”; and

(ii) by adding at the end the following new subparagraph:

“(B) Amounts in the Fund also may be used to pay salaries of personnel at the Office of the Secretary of Defense, military departments, and Defense Agencies to manage the Fund.”; and

(B) in paragraph (3)—

(i) by striking “and” at the end of subparagraph (C);

(ii) by striking the period and inserting “; and” at the end of subparagraph (D); and

(iii) by adding at the end the following new subparagraph:

“(E) describing the amount from the Fund that may be used to pay salaries of personnel at the Office of the Secretary of Defense, military departments, and Defense Agencies to manage the Fund and the circumstances under which such amounts may be used for such purpose.”.

(2) GUIDANCE.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue, and submit to the congressional defense committees, the policy guidance required by subparagraph (E) of section 1705(e)(3) of title 10, United States Code, as added by paragraph (1).

(b) Comptroller general review of effectiveness of hiring and retention flexibilities for acquisition workforce personnel.—

(1) IN GENERAL.—Not later than June 30, 2019, the Comptroller General of the United States shall submit to the congressional defense committees a report on the effectiveness of hiring and retention flexibilities for the acquisition workforce.

(2) ELEMENTS.—The report under this subsection shall include the following:

(A) A determination of the extent to which the Department of Defense experiences challenges with recruitment and retention of the acquisition workforce, such as post-employment restrictions.

(B) A description of the hiring and retention flexibilities available to the Department to fill civilian acquisition positions and the extent to which the Department has used the flexibilities available to it to target critical or understaffed career fields.

(C) A determination of the extent to which the Department has the necessary data on its use of hiring and retention flexibilities for the civilian acquisition workforce to strategically manage the use of such flexibilities.

(D) An identification of the factors that affect the use of hiring and retention flexibilities for the civilian acquisition workforce.

(E) Recommendations for any necessary changes to the hiring and retention flexibilities available to the Department to fill civilian acquisition positions.

(F) A description of the flexibilities available to the Department to remove underperforming members of the acquisition workforce and the extent to which any such flexibilities are used.

(c) Assessment and report required on business-related training for the acquisition workforce.—

(1) ASSESSMENT.—The Under Secretary of Defense for Acquisition and Sustainment shall conduct an assessment of the following:

(A) The effectiveness of industry certifications and other industry training programs, including fellowships, available to defense acquisition workforce personnel.

(B) Gaps in knowledge of industry operations, industry motivation, and business acumen in the acquisition workforce.

(2) REPORT.—Not later than December 31, 2018, the Under Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing the results of the assessment conducted under this subsection.

(3) ELEMENTS.—The assessment and report under paragraphs (1) and (2) shall address the following:

(A) Current sources of training and career development opportunities, industry rotations, and other career development opportunities related to knowledge of industry operations, industry motivation, and business acumen for each acquisition position, as designated under section 1721 of title 10, United States Code.

(B) Gaps in training, industry rotations, and other career development opportunities related to knowledge of industry operations, industry motivation, and business acumen for each such acquisition position.

(C) Plans to address those gaps for each such acquisition position.

(D) Consideration of the role industry-taught classes and classes taught at educational institutions outside of the Defense Acquisition University could play in addressing gaps.

(d) Comptroller general review of acquisition training for non-acquisition workforce personnel.—

(1) IN GENERAL.—Not later than June 30, 2019, the Comptroller General of the United States shall submit to the congressional defense committees a report on acquisition-related training for personnel working on acquisitions but not considered to be part of the acquisition workforce (as defined in section 101(18) of title 10, United States Code) (hereafter in this subsection referred to as “non-acquisition workforce personnel”).

(2) ELEMENTS.—The report shall address the following:

(A) The extent to which non-acquisition workforce personnel play a significant role in defining requirements, conducting market research, participating in source selection and contract negotiation efforts, and overseeing contract performance.

(B) The extent to which the Department is able to identify and track non-acquisition workforce personnel performing the roles identified in subparagraph (A).

(C) The extent to which non-acquisition workforce personnel are taking acquisition training.

(D) The extent to which the Defense Acquisition Workforce Development Fund has been used to provide acquisition training to non-acquisition workforce personnel.

(E) A description of sources of funding other than the Fund that are available to and used by the Department to provide non-acquisition workforce personnel with acquisition training.

(F) The extent to which additional acquisition training is needed for non-acquisition workforce personnel, including the types of training needed, the positions that need the training, and any challenges to delivering necessary additional training.

(e) Briefing on improvements to the defense contract audit agency workforce.—

(1) BRIEFING REQUIRED.—Not later than 180 days after the date of the enactment of this Act, the Director of the Defense Contract Audit Agency, in consultation with the Under Secretary of Defense (Comptroller), shall provide a briefing to the Committees on Armed Services of the Senate and the House of Representatives.

(2) ELEMENTS.—The briefing required by paragraph (1) shall address the following:

(A) The current education, certifications, and qualifications of the Defense Contract Audit Agency workforce, by supervisory and non-supervisory levels and type of position.

(B) Shortfalls (if any) in education, qualification, or training in the Defense Contract Audit Agency workforce, by supervisory and non-supervisory levels and type of position, and the reasons for those shortfalls.

(C) The link (if any) between Defense Contract Audit Agency workforce skill and experience gaps and the Agency’s backlog of audits.

(D) The link (if any) between the effectiveness of Defense Contract Audit Agency regional directors and their education, certifications, and qualifications.

(E) The number of Defense Contract Audit Agency auditors who have relevant private sector experience, including from industry exchanges while at the Defense Contract Audit Agency and from prior employment experiences, and the perspective of the Defense Contract Audit Agency on the benefits of those experiences.

(F) Ongoing efforts and future plans by the Defense Contract Audit Agency to improve the professionalization of its audit workforce, including changes in hiring, training, required certifications or qualifications, compensation structure, and increased opportunities for industry exchanges or rotations.

SEC. 823. Extension and modifications to acquisition demonstration project.

(a) Extension.—Section 1762(g) of title 10, United States Code, is amended by striking “December 31, 2020” and inserting “December 31, 2023”.

(b) Implementation strategy for improvements in acquisition demonstration project.—

(1) STRATEGY REQUIRED.—The Secretary of Defense shall develop an implementation strategy to address areas for improvement in the demonstration project required by section 1762 of title 10, United States Code, as identified in the second assessment of such demonstration project required by section 1762(e) of such title.

(2) ELEMENTS.—The strategy shall include the following elements:

(A) Actions that have been or will be taken to assess whether the flexibility to set starting salaries at different levels is being used appropriately by supervisors and managers to compete effectively for highly skilled and motivated employees.

(B) Actions that have been or will be taken to assess reasons for any disparities in career outcomes across race and gender for employees in the demonstration project.

(C) Actions that have been or will be taken to strengthen the link between employee contribution and compensation for employees in the demonstration project.

(D) Actions that have been or will be taken to enhance the transparency of the pay system for employees in the demonstration project.

(E) A time frame and individual responsible for each action identified under subparagraphs (A) through (D).

(3) BRIEFING REQUIRED.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall provide a briefing to the Committees on Armed Services of the Senate and House of Representatives and the Committee on Oversight and Government Reform of the House of Representatives on the implementation strategy required by paragraph (1).

SEC. 824. Acquisition positions in the Offices of the Secretaries of the Military Departments.

(a) Office of the secretary of the army maximum number of personnel.—Section 3014(f) of title 10, United States Code, is amended by adding at the end the following new paragraph:

“(6) The limitation in paragraph (1) may be exceeded if a civilian employee is assigned on permanent duty in the Office of the Secretary of the Army or on the Army Staff and—

“(A) the employee was employed immediately preceding that assignment either—

“(i) in a position within the Office of the Under Secretary of Defense for Acquisition, Technology, and Logistics that had responsibility for oversight of acquisition programs or processes prior to February 1, 2018, and that was determined to be no longer needed as a result of section 901 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2339) and the amendments made by that section; or

“(ii) in a Joint Staff position that supported the Joint Requirements Oversight Council prior to December 23, 2016, and that was determined to be no longer needed as a result of section 925 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2359) and the amendments made by that section; and

“(B) the position described in subparagraph (A) is not filled by the Office of the Under Secretary of Defense for Acquisition and Sustainment or the Joint Staff after the employee’s permanent duty assignment.”.

(b) Office of the secretary of the navy maximum number of personnel.—Section 5014(f) of title 10, United States Code, is amended by adding at the end the following new paragraph:

“(6) The limitation in paragraph (1) may be exceeded if a civilian employee is assigned on permanent duty in the Department of the Navy or assigned or detailed to permanent duty in the Office of the Secretary of the Navy, the Office of Chief of Naval Operations, or the Headquarters, Marine Corps, and—

“(A) the employee was employed immediately preceding that assignment either—

“(i) in a position within the Office of the Under Secretary of Defense for Acquisition, Technology, and Logistics that had responsibility for oversight of acquisition programs or processes prior to February 1, 2018, and that was determined to be no longer needed as a result of section 901 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2339) and the amendments made by that section; or

“(ii) in a Joint Staff position that supported the Joint Requirements Oversight Council prior to December 23, 2016, and that was determined to be no longer needed as a result of section 925 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2359) and the amendments made by that section; and

“(B) the position described in subparagraph (A) is not filled by the Office of the Under Secretary of Defense for Acquisition and Sustainment or the Joint Staff after the employee’s permanent duty assignment.”.

(c) Office of the secretary of the air force maximum number of personnel.—Section 8014(f) of title 10, United States Code, is amended by adding at the end the following new paragraph:

“(6) The limitation in paragraph (1) may be exceeded if a civilian employee is assigned on permanent duty in the Office of the Secretary of the Air Force or on the Air Staff and—

“(A) the employee was employed immediately preceding that assignment either—

“(i) in a position within the Office of the Under Secretary of Defense for Acquisition, Technology, and Logistics that had responsibility for oversight of acquisition programs or processes prior to February 1, 2018, and that was determined to be no longer needed as a result of section 901 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2339) and the amendments made by that section; or

“(ii) in a Joint Staff position that supported the Joint Requirements Oversight Council prior to December 23, 2016, and that was determined to be no longer needed as a result of section 925 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2359) and the amendments made by that section; and

“(B) the position described in subparagraph (A) is not filled by the Office of the Under Secretary of Defense for Acquisition and Sustainment or the Joint Staff after the employee’s permanent duty assignment.”.

SEC. 831. Transparency of defense business system data.

(a) Establishment of common enterprise data structures.—Section 2222 of title 10, United States Code, is amended—

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

“(7) Policy requiring that any data contained in a defense business system is an asset of the Department of Defense, and that such data should be made readily available to members of the Office of the Secretary of Defense, the Joint Staff, and the military departments (except as otherwise provided by law or regulation).”;

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

“(5) COMMON ENTERPRISE DATA STRUCTURES.— (A) The defense business enterprise architecture shall include one or more common enterprise data structures which can be used to code data that are automatically extracted from the relevant defense business systems to facilitate Department of Defense-wide analysis and management of such data.

“(B) The Deputy Chief Management Officer shall—

“(i) in consultation with the Defense Business Council established under subsection (f), develop one or more common enterprise data structures and an associated data governance process; and

“(ii) have primary decision-making authority with respect to the development of any such common enterprise data structure.

“(C) The Director of Cost Assessment and Program Evaluation shall—

“(i) in consultation with the Defense Business Council established under subsection (f), document and maintain any common enterprise data structure developed under subparagraph (B);

“(ii) extract data from defense business systems using the appropriate common data enterprise structure on a specified schedule;

“(iii) provide access to such data to the Office of the Secretary of Defense, the Joint Staff, and the military departments (except as otherwise provided by law or regulation) on a specified schedule developed in consultation with the Defense Business Council established under subsection (f); and

“(iv) have primary decision-making authority with respect to the maintenance of any such common enterprise data structure.

“(D) Common enterprise data structures shall be established and maintained for the following types of data of the Department of Defense:

“(i) An accounting of expenditures of the Department of Defense, set forth separately for each type of expenditure.

“(ii) Data from the future-years defense program established under section 221 and budget data.

“(iii) Acquisition cost data and earned value management data.

“(iv) Operating and support costs for weapon systems, including data on maintenance procedures conducted on each major weapon system (as defined in section 2379 of this title).

“(v) Data on contracts and task orders of the Department of Defense, including goods and services acquired under such contracts or task orders and associated obligations and expenditures.

“(E) The Secretary of Defense, the Chairman of the Joint Chiefs of Staff, the Secretaries of the military departments, the Commanders of the combatant commands, the heads of the Defense Agencies, the heads of the Department of Defense Field Activities, and the heads of all other organizations of the Department of Defense shall provide access to the relevant defense business system of such department, combatant command, Defense Agency, Field Activity, or organization, as applicable, and data extracted from such system, for purposes of automatically populating data sets coded with common enterprise data structures.”;

(3) in subsection (f)(2), by adding at the end the following new clause:

“(iv) The Director of Cost Assessment and Program Evaluation with respect to common enterprise data structures.”; and

(4) in subsection (i), by adding at the end the following new paragraphs:

“(10) COMMON ENTERPRISE DATA STRUCTURE.—The term ‘common enterprise data structure’ means a mapping and organization of data from defense business systems into a common data set.

“(11) DATA GOVERNANCE PROCESS.—The term ‘data governance process’ means a system to manage the timely Department of Defense-wide sharing of data described under paragraph (5)(A).”.

(b) Additional duties of the Director of Cost Assessment and Program Evaluation.—Section 139a(d) of title 10, United States Code, is amended by adding at the end the following new paragraph:

“(9) Maintenance of common enterprise data structures established pursuant to section 2222 of this title, including establishing and maintaining access to any data contained in a defense business system (as defined in such section) and used in a common enterprise data structure, as determined appropriate by the Secretary of Defense or the Director of Cost Assessment and Program Evaluation.”.

(c) Implementation plan for common enterprise data structures.—

(1) PLAN REQUIRED.—Not later than six months after the date of the enactment of this Act, the Deputy Chief Management Officer and the Director of Cost Assessment and Program Evaluation shall jointly develop a plan to implement the requirements of subsection (a).

(2) ELEMENTS.—At a minimum, the implementation plan required by paragraph (1) shall include the following elements:

(A) The major tasks required to implement the requirements of subsection (a) and the recommended time frames for each task.

(B) The estimated resources required to complete each major task identified pursuant to subparagraph (A).

(C) Any challenges associated with each major task identified pursuant to subparagraph (A) and related steps to mitigate such challenge.

(D) A description of how data security issues will be appropriately addressed in the implementation of the requirements of subsection (a).

(3) SUBMISSION TO CONGRESS.—Upon completion of the plan required under paragraph (1), the Deputy Chief Management Officer and the Director of Cost Assessment and Program Evaluation shall submit such plan to the congressional defense committees.

SEC. 832. Major defense acquisition programs: display of budget information.

(a) In general.—Chapter 144 of title 10, United States Code, is amended by inserting after section 2433a the following new section:

§ 2434. Major defense acquisition programs: display of budget information

“(a) In general.—In the defense budget materials for fiscal year 2020 and each subsequent fiscal year, the Secretary of Defense shall ensure that the funding requirements listed in subsection (b) are displayed separately for major defense acquisition programs, as defined in section 2340 of title 10, United States Code.

“(b) Requirements for budget display.—The budget justification display for a fiscal year shall include the funding requirement for each major defense acquisition program, including all sources of appropriations—

“(1) for developmental test and evaluation;

“(2) for operational test and evaluation;

“(3) for the purchase of cost data from contractors; and

“(4) for the purchase or license of technical data.

“(c) Definitions.—In this section, the terms ‘budget’ and ‘defense budget materials’ have the meaning given those terms in section 234 of this title.”.

(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2433a following new item:


“2434. Major defense acquisition programs: display of budget information.”.

SEC. 833. Enhancements to transparency in test and evaluation processes and data.

(a) Additional requirements relating to designation of a major defense acquisition program.—Section 139 of title 10, United States Code, is amended—

(1) in subsection (a)(2)(B), by inserting before the period at the end the following: “and in accordance with subsection (l).”;

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

“(l) For purposes of subsection (a)(2)(B), before designating a program that is not a major defense acquisition program for the purposes of section 2430 of this title as a major defense acquisition program for the purposes of this section, the Director shall provide in writing to the Under Secretary of Defense for Acquisition and Sustainment, and the test and evaluation executive of the military department or departments executing the program, the specific circumstances of the program that led to the designation decision.”; and

(3) by adding at the end of subsection (h)(4) the following: “The report shall also include a brief statement of the rationale for placing on the oversight list of the Director each program that is not a major defense acquisition program for the purposes of section 2430 of this title but has been designated as a major defense acquisition program for the purposes of this section.”.

(b) Consideration of legacy items or components in operational test and evaluation reports.—Section 2399(b)(2) of title 10, United States Code, is amended—

(1) by striking “and” at the end of subparagraph (A)(ii);

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

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

“(B) a description of the performance of the items or components tested in relation to comparable legacy items or components, if such items or components exist and relevant data are available without requiring additional testing; and”.

(c) Opportunity for military department comments on annual report on operational test and evaluation.—Section 139(h) of title 10, United States Code, is amended—

(1) by redesignating paragraph (5) as paragraph (6), and in that paragraph by striking “and the Secretaries of the military departments”; and

(2) by inserting after paragraph (4) the following new paragraph (5):

“(5) Within 45 days after the submission of an annual report by the Director to Congress, the Secretaries of the military departments may each submit a report to the congressional defense committees addressing any concerns related to information included in the annual report, or providing updated or additional information as appropriate.”.

(d) Guidelines for collection of cost data on test and evaluation.—

(1) IN GENERAL.—Not later than one year after the date of the enactment of this Act, the Director of Operational Test and Evaluation and the senior Department of Defense official with responsibility for developmental testing shall jointly develop policies, procedures, guidance, and a collection method to ensure that consistent, high quality data are collected on the full range of estimated and actual developmental, live fire, and operational testing costs for major defense acquisition programs. Data on estimated and actual developmental, live fire, and operational testing costs shall be maintained in an electronic database maintained by the Director for Cost Assessment and Program Evaluation.

(2) CONCURRENCE AND COORDINATION.—In carrying out paragraph (1), the Director of Operational Test and Evaluation and the senior Department of Defense official with responsibility for developmental testing shall obtain the concurrence of the Director for Cost Assessment and Program Evaluation and shall coordinate with the Director of the Test Resource Management Center and the Secretaries of the military departments.

(3) MAJOR DEFENSE ACQUISITION PROGRAM DEFINED.—In this section, the term “major defense acquisition program” has the meaning provided in section 2430 of title 10, United States Code.

(e) Report on enterprise approach to test and evaluation knowledge management.—

(1) REPORT REQUIRED.—Within one year after the date of the enactment of this Act, the Director of the Test Resource Management Center and the senior Department of Defense official with responsibility for developmental testing shall provide to the congressional defense committees a report on the development of an approach for managing test and evaluation knowledge across the entire Department of Defense.

(2) ELEMENTS.—The report required by paragraph (1) shall include the following elements:

(A) The detailed concepts, requirements, technologies, methodologies, and architecture necessary for an enterprise approach to knowledge management for test and evaluation, including data, data analysis tools, and modeling and simulation capabilities.

(B) Resources needed to develop and adopt an enterprise approach to knowledge management for test and evaluation.

(C) Roles and responsibilities of various Department of Defense entities to develop and adopt an enterprise approach to knowledge management for test and evaluation.

(D) Time frames required to develop and adopt an enterprise approach to knowledge management for test and evaluation.

(E) A description of pilot studies ongoing at the time of the date of the enactment of this Act or previously conducted related to developing an enterprise approach to test and evaluation knowledge management, including results of the pilot studies (if available) and lessons learned.

SEC. 841. Modifications to the advisory panel on streamlining and codifying acquisition regulations.

(a) Extension of date for final report.—

(1) TRANSMITTAL OF PANEL FINAL REPORT.—Subsection (e)(1) of section 809 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 889), as amended by section 863(d) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2303), is amended—

(A) by striking “Not later than two years after the date on which the Secretary of Defense establishes the advisory panel” and inserting “Not later than January 15, 2019”; and

(B) by striking “the Secretary” and inserting “the Secretary of Defense and the congressional defense committees”.

(2) SECRETARY OF DEFENSE ACTION ON FINAL REPORT.—Subsection (e)(4) of such section is amended—

(A) by striking “Not later than 30 days” and inserting “Not later than 60 days”; and

(B) by striking “the final report, together with such comments as the Secretary determines appropriate,” and inserting “such comments as the Secretary determines appropriate”.

(b) Termination of panel.—Such section is further amended by adding at the end the following new subsection:

“(g) Termination of panel.—The advisory panel shall terminate 180 days after the date on which the final report of the panel is transmitted pursuant to subsection (e)(1) or on such later date as may be specified by the Secretary of Defense.”.

SEC. 842. Extension of maximum duration of fuel storage contracts.

(a) Extension.—Section 2922(b) of title 10, United States Code, is amended by striking “20 years” and inserting “30 years”.

(b) Effective date.—The amendment made by subsection (a) shall apply with respect to contracts entered into on or after the date of the enactment of this Act and may be applied to a contract entered into before that date if the total contract period under the contract (including options) has not expired as of the date of any extension of such contract period by reason of such amendment.

SEC. 843. Exception for business operations from requirement to accept $1 coins.

Paragraph (1) of section 5112(p) of title 31, United States Code, is amended by adding at the end the following new flush sentence:

“This paragraph does not apply with respect to business operations conducted by any entity under a contract with an agency or instrumentality of the United States, including any nonappropriated fund instrumentality established under title 10, United States Code.”.

SEC. 844. Repeal of expired pilot program.

Section 807(c) of Public Law 104–106 (10 U.S.C. 2401a note) is repealed.

SEC. 851. Limitation on unilateral definitization.

(a) Limitation.—Section 2326 of title 10, United States Code, is amended—

(1) by redesignating subsections (c), (d), (e), (f), (g), (h), and (i) as subsections (d), (e), (f), (g), (h), (i), and (j) respectively; and

(2) by inserting after subsection (b) the following new subsection (c):

“(c) Limitation on unilateral definitization by contracting officer.—With respect to any undefinitized contractual action with a value greater than $1,000,000,000, if agreement is not reached on contractual terms, specifications, and price within the period or by the date provided in subsection (b)(1), the contracting officer may not unilaterally definitize those terms, specifications, or price over the objection of the contractor until—

“(1) the head of the agency approves the definitization in writing;

“(2) the contracting officer provides a copy of the written approval to the contractor; and

“(3) a period of 30 calendar days has elapsed after the written approval is provided to the contractor.”.

(b) Conforming amendment.—Section 2326(b)(3) of such title is amended by striking “subsection (g)” and inserting “subsection (h)”.

(c) Conforming regulations.—Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulation to implement section 2326 of title 10, United States Code, as amended by this section.

SEC. 852. Codification of requirements pertaining to assessment, management, and control of operating and support costs for major weapon systems.

(a) Codification and amendment.—

(1) IN GENERAL.—Chapter 137 of title 10, United States Code, is amended by inserting after section 2337 the following new section:

§ 2337a. Assessment, management, and control of operating and support costs for major weapon systems

“(a) Guidance required.—The Secretary of Defense shall issue and maintain guidance on actions to be taken to assess, manage, and control Department of Defense costs for the operation and support of major weapon systems.

“(b) Elements.—The guidance required by subsection (a) shall, at a minimum—

“(1) be issued in conjunction with the comprehensive guidance on life-cycle management and the development and implementation of product support strategies for major weapon systems required by section 2337 of this title;

“(2) require the military departments to retain each estimate of operating and support costs that is developed at any time during the life cycle of a major weapon system, together with supporting documentation used to develop the estimate;

“(3) require the military departments to update estimates of operating and support costs periodically throughout the life cycle of a major weapon system, to determine whether preliminary information and assumptions remain relevant and accurate, and identify and record reasons for variances;

“(4) establish policies and procedures for the collection, organization, maintenance, and availability of standardized data on operating and support costs for major weapon systems in accordance with section 2222 of this title;

“(5) establish standard requirements for the collection and reporting of data on operating and support costs for major weapon systems by contractors performing weapon system sustainment functions in an appropriate format, and develop contract clauses to ensure that contractors comply with such requirements;

“(6) require the military departments—

“(A) to collect and retain data from operational and developmental testing and evaluation on the reliability and maintainability of major weapon systems; and

“(B) to use such data to inform system design decisions, provide insight into sustainment costs, and inform estimates of operating and support costs for such systems;

“(7) require the military departments to ensure that sustainment factors are fully considered at key life cycle management decision points and that appropriate measures are taken to reduce operating and support costs by influencing system design early in development, developing sound sustainment strategies, and addressing key drivers of costs;

“(8) require the military departments to conduct an independent logistics assessment of each major weapon system prior to key acquisition decision points (including milestone decisions) to identify features that are likely to drive future operating and support costs, changes to system design that could reduce such costs, and effective strategies for managing such costs;

“(9) include—

“(A) reliability metrics for major weapon systems; and

“(B) requirements on the use of metrics under subparagraph (A) as triggers—

“(i) to conduct further investigation and analysis into drivers of those metrics; and

“(ii) to develop strategies for improving reliability, availability, and maintainability of such systems at an affordable cost; and

“(10) require the military departments to conduct periodic reviews of operating and support costs of major weapon systems after such systems achieve initial operational capability to identify and address factors resulting in growth in operating and support costs and adapt support strategies to reduce such costs.

“(c) Retention of data on operating and support costs.—

“(1) IN GENERAL.—The Director of Cost Assessment and Program Evaluation shall be responsible for developing and maintaining a database on operating and support estimates, supporting documentation, and actual operating and support costs for major weapon systems.

“(2) SUPPORT.—The Secretary of Defense shall ensure that the Director, in carrying out such responsibility—

“(A) promptly receives the results of all cost estimates and cost analyses conducted by the military departments with regard to operating and support costs of major weapon systems;

“(B) has timely access to any records and data of the military departments (including classified and proprietary information) that the Director considers necessary to carry out such responsibility; and

“(C) with the concurrence of the Under Secretary of Defense for Acquisition and Sustainment, may direct the military departments to collect and retain information necessary to support the database.

“(d) Major weapon system defined.—In this section, the term ‘major weapon system’ has the meaning given that term in section 2379(f) of title 10, United States Code.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 137 of such title is amended by adding after the item relating to section 2337 the following new item:


“2337a. Assessment, management, and control of operating and support costs for major weapon systems.”.

(b) Repeal of superseded section.—

(1) REPEAL.—Section 832 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 2430 note) is repealed.

(2) CONFORMING AMENDMENT.—Section 2441(c) of title 10, United States Code, is amended by striking “section 2337 of this title” and all that follows through the period and inserting “sections 2337 and 2337a of this title.”.

SEC. 853. Use of program income by eligible entities that carry out procurement technical assistance programs.

Section 2414 of title 10, United States Code, is amended—

(1) in the section heading, by striking “Limitation” and inserting “Funding”; and

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

“(d) Use of program income.—

“(1) An eligible entity that earned income in a specified fiscal year from activities carried out pursuant to a procurement technical assistance program funded under this chapter may expend an amount of such income not to exceed 25 percent of the cost of furnishing procurement technical assistance in such specified fiscal year, during the fiscal year following the specified fiscal year, to carry out a procurement technical assistance program funded under this chapter.

“(2) An eligible entity that does not enter into a cooperative agreement with the Secretary for a fiscal year—

“(A) shall notify the Secretary of the amount of any income the eligible entity carried over from the previous fiscal year; and

“(B) may retain an amount of such income equal to 10 percent of the value of assistance furnished by the Secretary under this section during the previous fiscal year.

“(3) In determining the value of assistance furnished by the Secretary under this section for any fiscal year, the Secretary shall account for the amount of any income the eligible entity carried over from the previous fiscal year.”.

SEC. 854. Amendment to sustainment reviews.

Section 2441(a) of title 10, United States Code, is amended by adding at the end the following: “The Secretary concerned shall make the memorandum and supporting documentation for each sustainment review available to the Under Secretary of Defense for Acquisition and Sustainment within 30 days after the review is completed.”.

SEC. 855. Clarification to other transaction authority.

(a) Clarification to requirement for written determinations for prototype projects.—Section 2371b(a)(2) of title 10, United States Code, is amended by striking “for a prototype project” each place such term appears and inserting “for a transaction (for a prototype project)”.

(b) Clarification of inclusion of small businesses participating in SBIR or STTR.—Section 2371b(d)(1)(B) of title 10, United States Code, is amended by inserting “(including small businesses participating in a program described under section 9 of the Small Business Act (15 U.S.C. 638))” after “small businesses”.

SEC. 856. Clarifying the use of lowest price technically acceptable source selection process.

Section 813 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2270; 10 U.S.C. 2305 note) is amended—

(1) in subsection (b)—

(A) in paragraph (5), by striking “and” at the end;

(B) in paragraph (6), by striking the period at the end and inserting a semicolon; and

(C) by adding at the end the following new paragraphs:

“(7) the Department of Defense would realize minimal or no additional innovation or future technological advantage; and

“(8) with respect to a contract for procurement of goods, the goods procured are predominately expendable in nature, nontechnical, or have a short life expectancy or short shelf life.”; and

(2) in subsection (c)—

(A) in paragraph (2), by striking “or” at the end;

(B) in paragraph (3), by striking the period at the end and inserting “; or”; and

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

“(4) electronic test and measurement equipment for which calibration or repair costs are expected to substantially affect full life-cycle costs.”.

SEC. 857. Amendment to nontraditional and small contractor innovation prototyping program.

Section 884(d) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2318; 10 U.S.C.2301 note) is amended—

(1) by redesignating paragraph (9) as paragraph (10); and

(2) by inserting after paragraph (8) the following new paragraph (9):

“(9) Unmanned ground logistics and unmanned air logistics capabilities enhancement.”.

SEC. 858. Modification to annual meeting requirement of Configuration Steering Boards.

Section 814(c)(4) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4529; 10 U.S.C. 2430 note) is amended by striking “year.” and inserting “year, unless the senior acquisition executive of the military department concerned determines in writing that there have been no changes to the program requirements of a major defense acquisition program during the preceding year.”.

SEC. 859. Change to definition of subcontract in certain circumstances.

Section 1906(c)(1) of title 41, United States Code, is amended by adding at the end the following: “The term does not include agreements entered into by a contractor for the supply of commodities that are intended for use in the performance of multiple contracts with the Government and other parties and are not identifiable to any particular contract.”.

SEC. 860. Amendment relating to applicability of inflation adjustments.

Subsection 1908(d) of title 41, United States Code, is amended by inserting before the period at the end the following: “, and shall apply, in the case of the procurement of property or services by contract, to a contract, and any subcontract at any tier under the contract, in effect on that date without regard to the date of award of the contract or subcontract.”.

SEC. 861. Exemption from design-build selection procedures.

Subsection (d) of section 2305a of title 10, United States Code, is amended by striking the second and third sentences and inserting the following:

““If the contract value exceeds $4,000,000, the maximum number specified in the solicitation shall not exceed 5 unless—

“(1) the solicitation is issued pursuant to a indefinite delivery-indefinite quantity contract for design-build construction; or

“(2) (A) the head of the contracting activity, delegable to a level no lower than the senior contracting official within the contracting activity, approves the contracting officer's justification with respect to an individual solicitation that a number greater than 5 is in the Federal Government's interest; and

“(B) the contracting officer shall provide written documentation of how a maximum number exceeding 5 is consistent with the purposes and objectives of the two-phase selection procedures.”.

SEC. 862. 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 2018 using funds available for National Defense Sealift Fund programs or Shipbuilding and Conversion, Navy.”.

SEC. 863. Procurement of aviation critical safety items.

Section 814(a) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2271; 10 U.S.C. 2302 note) is amended—

(1) in paragraph (1)—

(A) by inserting “or an aviation critical safety item (as defined in section 2319(g) of this title)” after “personal protective equipment”; and

(B) by inserting “equipment or” after “failure of the”; and

(2) in paragraph (2), by inserting “or item” after “equipment”.

SEC. 864. Milestones and timelines for contracts for foreign military sales.

(a) Establishment of standard timelines for foreign military sales.—The Secretary of Defense shall establish specific milestones and standard timelines to achieve such milestones for a foreign military sale (as authorized under chapter 2 of the Arms Export Control Act (22 U.S.C. 2761 et seq.)), including milestones and timelines for actions that occur after a letter of offer and acceptance (as described in chapter 5 of the Security Assistance Management Manual of the Defense Security Cooperation Agency) for such foreign military sale is completed. Such milestones and timelines—

(1) may vary depending on the complexity of the foreign military sale; and

(2) shall cover the period beginning on the date of receipt of a complete letter of request (as described in such chapter 5) from a foreign country and ending on the date of the final delivery of a defense article or defense service sold through the foreign military sale.

(b) Submissions to Congress.—

(1) QUARTERLY NOTIFICATION.—During the period beginning on the date of the enactment of this Act and ending on December 31, 2021, the Secretary shall submit to the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate, on a quarterly basis, a report that includes a list of each foreign military sale with a value greater than or equal to the dollar threshold for congressional notification under section 36 of the Arms Export Control Act (22 U.S.C. 2776)—

(A) for which the final delivery of a defense article or defense service has not been completed; and

(B) that failed to meet a standard timeline to achieve a milestone as established under subsection (a).

(2) ANNUAL REPORT.—Not later than November 1, 2019, and annually thereafter until December 31, 2021, the Secretary shall submit to the committees described in paragraph (1) a report that summarizes—

(A) the number, set forth separately by dollar value and milestone, of foreign military sales that met the standard timeline to achieve a milestone established under subsection (a) during the preceding fiscal year; and

(B) the number, set forth separately by dollar value, milestone, and case development extenuating factor, of foreign military sales that failed to meet the standard timeline to achieve a milestone established under subsection (a).

(c) Definitions.—In this section:

(1) DEFENSE ARTICLE; DEFENSE SERVICE.—The terms “defense article” and “defense service” have the meanings given those terms, respectively, in section 47 of the Arms Export Control Act (22 U.S.C. 2794).

(2) CASE DEVELOPMENT EXTENUATING FACTOR.—The term “case development extenuating factor” means a reason from a list of reasons developed by the Secretary (such as a change in requirements, delay in performance, or failure to receive funding) for the failure of a foreign military sale to meet a standard timeline to achieve a milestone established under subsection (a).

SEC. 865. Notification requirement for certain contracts for audit services.

(a) Notification to Congress.—If the Under Secretary of Defense (Comptroller) makes a written finding that a delay in performance of a covered contract while a protest is pending would hinder the annual preparation of audited financial statements for the Department of Defense, and the head of the procuring activity responsible for the award of the covered contract does not authorize the award of the contract (pursuant to section 3553(c)(2) of title 31, United States Code) or the performance of the contract (pursuant to section 3553(d)(3)(C) of such title), the Secretary of Defense shall—

(1) notify the congressional defense committees within 10 days after such finding is made; and

(2) describe any steps the Department of Defense plans to take to mitigate any hindrance identified in such finding to the annual preparation of audited financial statements for the Department.

(b) Covered contract defined.—In this section, the term “covered contract” means a contract for services to perform an audit to comply with the requirements of section 3515 of title 31, United States Code.

SEC. 866. Training in acquisition of commercial items.

(a) Training.—Not later than 180 days after the date of the enactment of this Act, the President of the Defense Acquisition University shall establish a comprehensive training program on the acquisition of commercial items, including part 12 of the Federal Acquisition Regulation. The curriculum shall include, at a minimum, the following:

(1) The reasons for and appropriate uses of part 12 of the Federal Acquisition Regulation, including the preference for the acquisition of commercial items under section 2377 of title 10, United States Code.

(2) The definition of a commercial item, including the interpretation of the phrase “of a type”.

(3) Price analysis and negotiations.

(4) Market research and analysis.

(5) Independent cost estimates.

(6) Parametric estimating methods.

(7) Value analysis.

(8) Other topics on the acquisition of commercial items necessary to ensure a well-educated acquisition workforce.

(b) Student enrollment.—The President of the Defense Acquisition University shall set goals for student enrollment for the training program established under subsection (a).

SEC. 867. Notice of cost-free Federal procurement technical assistance in connection with registration of small business concerns on procurement websites of the Department of Defense.

(a) In general.—The Secretary of Defense shall establish procedures to ensure that any notice or direct communication regarding the registration of a small business concern on a website maintained by the Department of Defense relating to contracting opportunities contains information about cost-free Federal procurement technical assistance services that are available through a procurement technical assistance program established under chapter 142 of title 10, United States Code.

(b) Small business concern defined.—The term “small business concern” has the meaning given such term under section 3 of the Small Business Act (15 U.S.C. 632).

SEC. 868. Comptroller General report on contractor business system requirements.

Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the congressional defense committees a report on the feasibility and effects of an increase to the percentage of total gross revenue included in the definition of the term “covered contractor” in section 893(g)(2) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2302 note). Such report shall include—

(1) an assessment of the effects of the amendment to such definition made by subsection (c) of section 893 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328); and

(2) the feasibility and effects of a subsequent increase to the percentage of total gross revenue included in such definition.

SEC. 869. Standard guidelines for evaluation of requirements for services contracts.

(a) In general.—The Secretary of Defense shall encourage the use of standard guidelines within the Department of Defense for the evaluation of requirements for services contracts. Such guidelines shall be available to the Services Requirements Review Boards (established under Department of Defense Instruction 5000.74, titled “Defense Acquisition of Services” and dated January 5, 2016, or a successor instruction) within each Defense Agency, each Department of Defense Field Activity, and each military department for the purpose of standardizing the requirements evaluation required under section 2329 of title 10, United States Code, as added by this Act. Such guidelines may provide policy guidance or tools, including a comprehensive checklist of total force management policies and procedures that is modeled after the checklist used by the Army, to aid uniform decision-making during the requirements evaluation process.

(b) Definitions.—In this section—

(1) the terms “Defense Agency”, “Department of Defense Field Activity”, and “military department” have the meanings given those terms in section 101 of title 10, United States Code; and

(2) the term “total force management policies and procedures” means the policies and procedures established under section 129a of such title.

SEC. 870. Temporary limitation on aggregate annual amount available for contract services.

(a) Limitation.—Except as provided in subsection (b), the total amount obligated by the Department of Defense for contract services in fiscal year 2018 may not exceed the total amount requested for the Department for contract services in the budget of the President for fiscal year 2010 (as submitted to Congress pursuant to section 1105(a) of title 31, United States Code) adjusted for net transfers from funding for overseas contingency operations.

(b) Definitions.—In this section:

(1) CONTRACT SERVICES.—The term “contract services” has the meaning given that term in section 235 of title 10, United States Code, except that the term does not include services that are funded out of amounts available for overseas contingency operations.

(2) TRANSFERS FROM FUNDING FOR OVERSEAS CONTINGENCY OPERATIONS.—The term “transfers from funding for overseas contingency operations” means amounts funded out of amounts available for overseas contingency operations in fiscal year 2010 that are funded out of amounts other than amounts so available in fiscal year 2018.

SEC. 901. Responsibility of the Chief Information Officer of the Department of Defense for risk management activities regarding supply chain for information technology systems.

Section 142(b)(1) of title 10, United States Code, is amended—

(1) in subparagraph (H), by striking “and” at the end;

(2) in subparagraph (I), by striking the period at the end and inserting a semicolon; and

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

“(J) has the responsibilities for policy, oversight, guidance, and coordination for risk management activities for the Department regarding the supply chain for information technology systems.”.

SEC. 902. Repeal of Office of Corrosion Policy and Oversight.

(a) Repeal.—Section 2228 of title 10, United States Code, is repealed.

(b) Clerical amendment.—The table of sections at the beginning of chapter 131 of title 10, United States Code, is amended by striking the item relating to section 2228.

SEC. 903. Designation of corrosion control and prevention executives for the military departments.

(a) Department of the Army.—

(1) DESIGNATION.—Chapter 303 of title 10, United States Code, is amended by adding at the end the following new section:

§ 3025. Corrosion control and prevention executive

“(a) Designation.— (1) There is a corrosion control and prevention executive in the Department of the Army. The Assistant Secretary of the Army for Acquisition, Technology, and Logistics shall designate the corrosion control and prevention executive.

“(2) In addition to the duties assigned under subsection (c), the principal responsibility of the civilian employee designated as the corrosion control and prevention executive shall be coordinating Department of the Army corrosion control and prevention program activities (including budget programming) with the Department and the Office of the Secretary of Defense, the program executive officers of the Department, and relevant major subordinate commands of the Department.

“(3) The corrosion control and prevention executive shall be a civilian employee of the Department in the grade GS-15 or higher of the General Schedule.

“(b) Qualifications.—In order to qualify for designation as the corrosion control and prevention executive in the Department of the Army, an individual shall, at a minimum—

“(1) have a working knowledge of corrosion prevention and control;

“(2) have strong program management and communication skills; and

“(3) understand the acquisition, research and development, test and evaluation, and sustainment policies and procedures across the Department, including sustainment of infrastructure.

“(c) Duties.— (1) The corrosion control and prevention executive in the Department of the Army shall ensure that corrosion control and prevention is maintained in the Department’s policy and guidance for management of each of the following:

“(A) System acquisition and production, including design and maintenance.

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

“(C) Equipment standardization programs, including international standardization agreements.

“(D) Logistics research and development initiatives.

“(E) Logistics support analysis as it relates to integrated logistic support in the materiel acquisition process.

“(F) Military infrastructure design, construction, and maintenance.

“(2) The corrosion control and prevention executive in the Department shall be responsible for identifying the funding levels necessary to accomplish the items specified in paragraph (1).

“(3) In cooperation with the appropriate staff of the Department, the corrosion control and prevention executive in the Department shall, develop, support, and provide the rationale for resources—

“(A) to initiate and sustain an effective corrosion control and prevention program in the Department;

“(B) to evaluate the program’s effectiveness; and

“(C) to ensure that corrosion control and prevention requirements for materiel are reflected in budgeting and policies of the Department for the formulation, management, and evaluation of personnel and programs for the entire Department, including the Army Reserve and the Army National Guard.

“(4) The corrosion control and prevention executive in the Department shall submit an annual report, not later than December 31 of each year, to the Secretary of the Army and the Secretary of Defense containing recommendations pertaining to the corrosion control and prevention program of the Department, including corrosion-related funding levels to carry out all of the duties of the executive under this section.

“(5) The corrosion control and prevention executive in the Department may not be assigned other duties that may interfere with the duties specified in this subsection and the principal responsibility assigned under subsection (a)(2).”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 303 of title 10, United States Code, is amended by adding at the end the following new item:


“3025. Corrosion control and prevention executive.”.

(b) Department of the Navy.—

(1) DESIGNATION.—Chapter 503 of title 10, United States Code, is amended by adding at the end the following new section:

§ 5029. Corrosion control and prevention executive

“(a) Designation.— (1) There is a corrosion control and prevention executive in the Department of the Navy. The Assistant Secretary of the Navy for Research, Development, and Acquisition shall designate the corrosion control and prevention executive.

“(2) In addition to the duties assigned under subsection (c), the principal responsibility of the civilian employee designated as the corrosion control and prevention executive shall be coordinating Department of the Navy corrosion control and prevention program activities (including budget programming) with the Department and the Office of the Secretary of Defense, the program executive officers of the Department, and relevant major subordinate commands of the Department.

“(3) The corrosion control and prevention executive shall be a civilian employee of the Department in the grade GS-15 or higher of the General Schedule.

“(b) Qualifications.—In order to qualify for designation as the corrosion control and prevention executive in the Department of the Navy, an individual shall, at a minimum—

“(1) have a working knowledge of corrosion prevention and control;

“(2) have strong program management and communication skills; and

“(3) understand the acquisition, research and development, test and evaluation, and sustainment policies and procedures across the Department, including sustainment of infrastructure.

“(c) Duties.— (1) The corrosion control and prevention executive in the Department of the Navy shall ensure that corrosion control and prevention is maintained in the Department’s policy and guidance for management of each of the following:

“(A) System acquisition and production, including design and maintenance.

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

“(C) Equipment standardization programs, including international standardization agreements.

“(D) Logistics research and development initiatives.

“(E) Logistics support analysis as it relates to integrated logistic support in the materiel acquisition process.

“(F) Military infrastructure design, construction, and maintenance.

“(2) The corrosion control and prevention executive in the Department shall be responsibl