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

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Public Law No: 115-91 (12/12/2017)

 
[115th Congress Public Law 91]
[From the U.S. Government Publishing Office]



[[Page 131 STAT. 1283]]

Public Law 115-91
115th Congress

                                 An Act


 
To authorize appropriations for fiscal year 2018 for military activities 
of the Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes. <<NOTE: Dec. 12, 
                         2017 -  [H.R. 2810]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: National Defense 
Authorization Act for Fiscal Year 2018.>> 
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. 4. Budgetary effects of this Act.

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

               Subtitle A--Authorization Of Appropriations

Sec. 101. Authorization of appropriations.

                        Subtitle B--Army Programs

Sec. 111. Authority to expedite procurement of 7.62mm rifles.
Sec. 112. Limitation on availability of funds for Increment 2 of the 
           Warfighter Information Network-Tactical program.
Sec. 113. Limitation on availability of funds for upgrade of M113 
           vehicles.

                        Subtitle C--Navy Programs

Sec. 121. Aircraft carriers.
Sec. 122. Icebreaker vessel.
Sec. 123. Multiyear procurement authority for Arleigh Burke class 
           destroyers.
Sec. 124. Multiyear procurement authority for Virginia class submarine 
           program.
Sec. 125. Design and construction of the lead ship of the amphibious 
           ship replacement designated LX(R) or amphibious transport 
           dock designated LPD-30.
Sec. 126. Multiyear procurement authority for V-22 Osprey aircraft.
Sec. 127. Extension of limitation on use of sole-source shipbuilding 
           contracts for certain vessels.

[[Page 131 STAT. 1284]]

Sec. 128. Limitation on availability of funds for the enhanced multi-
           mission parachute system.
Sec. 129. Report on Navy capacity to increase production of certain 
           rotary wing aircraft.

                     Subtitle D--Air Force Programs

Sec. 131. Inventory requirement for Air Force fighter aircraft.
Sec. 132. Prohibition on availability of funds for retirement of E-8 
           JSTARS aircraft.
Sec. 133. Requirement for continuation of JSTARS aircraft 
           recapitalization program.
Sec. 134. Limitation on selection of single contractor for C-130H 
           avionics modernization program increment 2.
Sec. 135. Limitation on availability of funds for EC-130H Compass Call 
           recapitalization program.
Sec. 136. Limitation on retirement of U-2 and RQ-4 aircraft.
Sec. 137. Cost-benefit analysis of upgrades to MQ-9 Reaper aircraft.
Sec. 138. Plan for modernization of the radar for F-16 fighter aircraft 
           of the National Guard.
Sec. 139. Comptroller General review of Air Force fielding plan for HH-
           60 replacement programs.

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

Sec. 141. F-35 economic order quantity contracting authority.
Sec. 142. Authority for explosive ordnance disposal units to acquire new 
           or emerging technologies and capabilities.
Sec. 143.  Requirement that certain aircraft and unmanned aerial 
           vehicles use specified standard data link.
Sec. 144. Reinstatement of requirement to preserve certain C-5 aircraft; 
           mobility capability and requirements study.

          TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

               Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.

     Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Cost controls for presidential aircraft recapitalization 
           program.
Sec. 212. Capital investment authority.
Sec. 213. Prizes for advanced technology achievements.
Sec. 214. Joint Hypersonics Transition Office.
Sec. 215. Department of Defense directed energy weapon system 
           prototyping and demonstration program.
Sec. 216. Appropriate use of authority for prototype projects.
Sec. 217. Mechanisms for expedited access to technical talent and 
           expertise at academic institutions to support Department of 
           Defense missions.
Sec. 218. Modification of laboratory quality enhancement program.
Sec. 219. Reauthorization of Department of Defense Established Program 
           to Stimulate Competitive Research.
Sec. 220. Codification and enhancement of authorities to provide funds 
           for defense laboratories for research and development of 
           technologies for military missions.
Sec. 221. Expansion of definition of competitive procedures to include 
           competitive selection for award of science and technology 
           proposals.
Sec. 222. Inclusion of modeling and simulation in test and evaluation 
           activities for purposes of planning and budget certification.
Sec. 223. Limitation on availability of funds for F-35 Joint Strike 
           Fighter Follow-On Modernization.
Sec. 224. Improvement of update process for populating mission data 
           files used in advanced combat aircraft.
Sec. 225. Support for national security innovation and entrepreneurial 
           education.
Sec. 226. Limitation on cancellation of designation Executive Agent for 
           a certain Defense Production Act program.

                  Subtitle C--Reports and Other Matters

Sec. 231. Columbia-class program accountability matrices.
Sec. 232. Review of barriers to innovation in research and engineering 
           activities of the Department of Defense.
Sec. 233. Pilot program to improve incentives for technology transfer 
           from Department of Defense laboratories.
Sec. 234. Competitive acquisition plan for low probability of detection 
           data link networks.

[[Page 131 STAT. 1285]]

Sec. 235. Clarification of selection dates for pilot program for the 
           enhancement of the research, development, test, and 
           evaluation centers of the Department of Defense.
Sec. 236. Requirement for a plan to build a prototype for a new ground 
           combat vehicle for the Army.
Sec. 237. Plan for successfully fielding the Integrated Air and Missile 
           Defense Battle Command System.

                  TITLE III--OPERATION AND MAINTENANCE

               Subtitle A--Authorization of Appropriations

Sec. 301. Authorization of appropriations.

                   Subtitle B--Energy and Environment

Sec. 311. Military Aviation and Installation Assurance Siting 
           Clearinghouse.
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 the Army cleanup and removal of petroleum, oil, 
           and lubricant associated with the Prinz Eugen.
Sec. 316. Centers for Disease Control study on health implications of 
           per- and polyfluoroalkyl substances contamination in drinking 
           water.
Sec. 317. Sentinel Landscapes Partnership.
Sec. 318. Report on release of radium or radioactive material into the 
           groundwater near the industrial reserve plant in Bethpage, 
           New York.

                  Subtitle C--Logistics and Sustainment

Sec. 321. Reauthorization of multi-trades demonstration project.
Sec. 322. Increased percentage of sustainment funds authorized for 
           realignment to restoration and modernization at each 
           installation.
Sec. 323. Guidance regarding use of organic industrial base.

                           Subtitle D--Reports

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. Report on effects of climate change on Department of Defense.
Sec. 336. Report on optimization of training in and management of 
           special use airspace.
Sec. 337. Plan for modernized, dedicated Department of the Navy 
           adversary air training enterprise.
Sec. 338. Updated guidance regarding biennial core report.

                        Subtitle E--Other Matters

Sec. 341. Explosive safety board.
Sec. 342. Servicewomen's commemorative partnerships.
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. 345. Temporary installation reutilization authority for arsenals, 
           depots, and plants.
Sec. 346. Comprehensive plan for sharing depot-level maintenance best 
           practices.
Sec. 347. Pilot program for operation and maintenance budget 
           presentation.
Sec. 348. Repurposing and reuse of surplus Army firearms.
Sec. 349. Department of the Navy marksmanship awards.
Sec. 350. Civilian training for National Guard pilots and sensor 
           operator aircrews of MQ-9 unmanned aerial vehicles.
Sec. 351. Training for National Guard personnel on wildfire response.
Sec. 352. Modification of the Second Division Memorial.

               TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                        Subtitle A--Active Forces

Sec. 401. End strengths for active forces.
Sec. 402. Revisions in permanent active duty end strength minimum 
           levels.

[[Page 131 STAT. 1286]]

                       Subtitle B--Reserve Forces

Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the 
           reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. 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. 416. Number of members of the National Guard on full-time duty in 
           support of the reserves within the National Guard Bureau.

               Subtitle C--Authorization of Appropriations

Sec. 421. Military personnel.

                   TITLE V--MILITARY PERSONNEL POLICY

                  Subtitle A--Officer Personnel Policy

Sec. 501. Modification of deadline for submittal by officers of written 
           communications to promotion selection boards on matters of 
           importance to their selection.
Sec. 502. Clarification to exception for removal of officers from list 
           of officers recommended for promotion after 18 months without 
           appointment.
Sec. 503. Modification of requirement for specification of number of 
           officers who may be recommended for early retirement by a 
           Selective Early Retirement Board.
Sec. 504. Extension of service-in-grade waiver authority for voluntary 
           retirement of certain general and flag officers for purposes 
           of enhanced flexibility in officer personnel management.
Sec. 505. Inclusion of Principal Military Deputy to the Assistant 
           Secretary of the Army for Acquisition, Technology, and 
           Logistics among officers subject to repeal of statutory 
           specification of general officer grade.
Sec. 506. Clarification of effect of repeal of statutory specification 
           of general or flag officer grade for various positions in the 
           Armed Forces.
Sec. 507. Standardization of authorities in connection with repeal of 
           statutory specification of general officer grade for the Dean 
           of the Academic Board of the United States Military Academy 
           and the Dean of the Faculty of the United States Air Force 
           Academy.
Sec. 508. Flexibility in promotion of officers to positions of Staff 
           Judge Advocate to the Commandant of the Marine Corps and 
           Deputy Judge Advocate General of the Navy or Air Force.
Sec. 509. Grandfathering of retired grade of Assistant Judge Advocates 
           General of the Navy as of repeal of statutory specification 
           of general and flag officers grades in the Armed Forces.

                Subtitle B--Reserve Component Management

Sec. 511. Equal treatment of orders to serve on active duty under 
           sections 12304a and 12304b of title 10, United States Code.
Sec. 512. Service credit for cyberspace experience or advanced education 
           upon original appointment as a commissioned officer.
Sec. 513. Consolidation of authorities to order members of the reserve 
           components of the Armed Forces to perform duty.
Sec. 514. Pilot program on use of retired senior enlisted members of the 
           Army National Guard as Army National Guard recruiters.

                 Subtitle C--General Service Authorities

Part I--Matters Relating to Discharge and Correction of Military Records

Sec. 520. 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. 521. 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. 522. Confidential review of characterization of terms of discharge 
           of members who are victims of sex-related offenses.
Sec. 523. Training requirements for members of boards for the correction 
           of military records and personnel who investigate claims of 
           retaliation.
Sec. 524. Pilot program on use of video teleconferencing technology by 
           boards for the correction of military records and discharge 
           review boards.

               Part II--Other General Service Authorities

Sec. 526. Modification of basis for extension of period for enlistment 
           in the Armed Forces under the Delayed Entry Program.

[[Page 131 STAT. 1287]]

Sec. 527. Reauthorization of authority to order retired members to 
           active duty in high-demand, low-density assignments.
Sec. 528. Notification of members of the Armed Forces undergoing certain 
           administrative separations of potential eligibility for 
           veterans benefits.
Sec. 529. Extension of authority of the Secretary of Veterans Affairs to 
           provide for the conduct of medical disability examinations by 
           contract physicians.
Sec. 530. Provision of information on naturalization through military 
           service.

           Subtitle D--Military Justice and Other Legal Issues

Sec. 531. Clarifying amendments related to the Uniform Code of Military 
           Justice reform by the Military Justice Act of 2016.
Sec. 532. Enhancement of effective prosecution and defense in courts-
           martial and related matters.
Sec. 533. Punitive article under the Uniform Code of Military Justice on 
           wrongful broadcast or distribution of intimate visual images 
           or visual images of sexually explicit conduct.
Sec. 534. Garnishment to satisfy judgment rendered for physically, 
           sexually, or emotionally abusing a child.
Sec. 535. Sexual assault prevention and response training for all 
           individuals enlisted in the Armed Forces under a delayed 
           entry program.
Sec. 536. Special Victims' Counsel training regarding the unique 
           challenges often faced by male victims of sexual assault.
Sec. 537. Inclusion of information in annual SAPRO reports regarding 
           military sexual harassment and incidents involving 
           nonconsensual distribution of private sexual images.
Sec. 538. 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.

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

Sec. 541. Element in preseparation counseling for members of the Armed 
           Forces on assistance and support services for caregivers of 
           certain veterans through the Department of Veterans Affairs.
Sec. 542. Improved employment assistance for members of the Army, Navy, 
           Air Force, and Marine Corps and veterans.
Sec. 543. Limitation on release of military service academy graduates to 
           participate in professional athletics.
Sec. 544. Two-year extension of suicide prevention and resilience 
           program for the National Guard and Reserves.
Sec. 545. Annual certifications related to Ready, Relevant Learning 
           initiative of the Navy.
Sec. 546. Authority to expand eligibility for the United States Military 
           Apprenticeship Program.
Sec. 547. Limitation on availability of funds for attendance of Air 
           Force enlisted personnel at Air Force officer professional 
           military education in-residence courses.
Sec. 548. Lieutenant Henry Ossian Flipper Leadership Scholarships.
Sec. 549. Pilot programs on appointment in the excepted service in the 
           Department of Defense of physically disqualified former 
           cadets and midshipmen.

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

              Part I--Defense Dependents' Education Matters

Sec. 551. Assistance to schools with military dependent students.
Sec. 552. Transitions of military dependent students from Department of 
           Defense dependent schools to other schools and among schools 
           of local educational agencies.
Sec. 553. Report on educational opportunities in science, technology, 
           engineering, and mathematics for children who are dependents 
           of members of the Armed Forces.

               Part II--Military Family Readiness Matters

Sec. 555. Codification of authority to conduct family support programs 
           for immediate family members of members of the Armed Forces 
           assigned to special operations forces.
Sec. 556. Reimbursement for State licensure and certification costs of a 
           spouse of a member of the Armed Forces arising from 
           relocation to another State.
Sec. 557. Temporary extension of extended period of protections for 
           members of uniformed services relating to mortgages, mortgage 
           foreclosure, and eviction.
Sec. 558. Enhancing military childcare programs and activities of the 
           Department of Defense.

[[Page 131 STAT. 1288]]

Sec. 559. Direct hire authority for Department of Defense for childcare 
           services providers for Department child development centers.
Sec. 560. Pilot program on public-private partnerships for telework 
           facilities for military spouses on military installations 
           outside the United States.

                   Subtitle G--Decorations and Awards

Sec. 561. Authorization for award of the Medal of Honor to Garlin M. 
           Conner for acts of valor during World War II.
Sec. 562. Authorization for award of Distinguished-Service Cross to 
           Specialist Frank M. Crary for acts of valor in Vietnam.

            Subtitle H--Miscellaneous Reporting Requirements

Sec. 571. Analysis and report on accompanied and unaccompanied tours of 
           duty in remote locations with high family support costs.
Sec. 572. Review and reports on policies for regular and reserve officer 
           career management.
Sec. 573. Review and report on effects of personnel requirements and 
           limitations on the availability of members of the National 
           Guard for the performance of funeral honors duty for 
           veterans.
Sec. 574. Review and report on authorities for the employment, use, and 
           status of National Guard and Reserve technicians.
Sec. 575. Assessment and report on expanding and contracting for 
           childcare services of the Department of Defense.
Sec. 576. Review and report on compensation provided childcare services 
           providers of the Department of Defense.
Sec. 577. Comptroller General of the United States assessment and report 
           on the Office of Complex Investigations within the National 
           Guard Bureau.
Sec. 578. Modification of submittal date of Comptroller General of the 
           United States report on integrity of the Department of 
           Defense whistleblower program.

                        Subtitle I--Other Matters

Sec. 581. Expansion of United States Air Force Institute of Technology 
           enrollment authority to include civilian employees of the 
           homeland security industry.
Sec. 582. Conditional designation of Explosive Ordnance Disposal Corps 
           as a basic branch of the Army.
Sec. 583. Designation of office within Office of the Secretary of 
           Defense to oversee use of food assistance programs by members 
           of the Armed Forces on active duty.

           TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

Sec. 601. Annual adjustment of basic monthly pay.
Sec. 602. Prohibiting collection of additional amounts from members 
           living in units under Military Housing Privatization 
           Initiative.
Sec. 603. Limitation on modification of payment authority for Military 
           Housing Privatization Initiative housing.
Sec. 604. 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. 605. Extension of authority to provide temporary increase in rates 
           of basic allowance for housing under certain circumstances.
Sec. 606. Reevaluation of BAH for the military housing area including 
           Staten Island.

            Subtitle B--Bonus and Special and Incentive Pays

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. Report regarding the national pilot shortage.
Sec. 617. Special aviation incentive pay and bonus authorities for 
           enlisted members who operate remotely piloted aircraft.

[[Page 131 STAT. 1289]]

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

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

Sec. 621. Permanent extension and cost-of-living adjustments of special 
           survivor indemnity allowances under the Survivor Benefit 
           Plan.
Sec. 622. Adjustments to Survivor Benefit Plan for members electing lump 
           sum payments of retired pay under the modernized retirement 
           system for members of the uniformed services.
Sec. 623. Technical correction regarding election to participate in 
           modernized retirement system for reserve component members 
           experiencing a break in service.
Sec. 624. Technical corrections to use of member's current pay grade and 
           years of service in a division of property involving 
           disposable retired pay.
Sec. 625. Continuation pay for the Coast Guard.

                        Subtitle D--Other Matters

Sec. 631. Land conveyance authority, Army and Air Force Exchange Service 
           property, Dallas, Texas.
Sec. 632. Authority for the Secretaries of the military departments to 
           provide for care of remains of those who die on active duty 
           and are interred in a foreign cemetery.
Sec. 633. Construction of domestic source requirement for footwear 
           furnished to enlisted members of the Armed Forces on initial 
           entry into the Armed Forces.
Sec. 634. Review and update of regulations governing debt collectors 
           interactions with unit commanders of members of the Armed 
           Forces.

                    TITLE VII--HEALTH CARE PROVISIONS

           Subtitle A--TRICARE and Other Health Care Benefits

Sec. 701. Continued access to medical care at facilities of the 
           uniformed services for certain members of the reserve 
           components.
Sec. 702. Modifications of cost-sharing requirements for the TRICARE 
           Pharmacy Benefits Program and treatment of certain 
           pharmaceutical agents.
Sec. 703. Provision of hyperbaric oxygen therapy for certain members of 
           the Armed Forces.
Sec. 704. Specification that individuals under the age of 21 are 
           eligible for hospice care services under the TRICARE program.
Sec. 705. Physical examinations for members of a reserve component who 
           are separating from the Armed Forces.
Sec. 706. Mental health assessments before members separate from the 
           Armed Forces.
Sec. 707. Expansion of sexual trauma counseling and treatment for 
           members of the reserve components.
Sec. 708. Expedited evaluation and treatment for prenatal surgery under 
           the TRICARE program.

                 Subtitle B--Health Care Administration

Sec. 711. Maintenance of inpatient capabilities of military medical 
           treatment facilities located outside the United States.
Sec. 712. Modification of priority for evaluation and treatment of 
           individuals at military treatment facilities.
Sec. 713. Clarification of administration of military medical treatment 
           facilities.
Sec. 714. Regular update of prescription drug pricing standard under 
           TRICARE retail pharmacy program.
Sec. 715. Modification of execution of TRICARE contracting 
           responsibilities.
Sec. 716. Additional emergency uses for medical products to reduce 
           deaths and severity of injuries caused by agents of war.
Sec. 717. Modification of determination of average wait times at urgent 
           care clinics and pharmacies at military medical treatment 
           facilities under pilot program.
Sec. 718. Requirement for reimbursement by Department of Defense to 
           entities carrying out State vaccination programs for costs of 
           vaccines provided to covered beneficiaries.
Sec. 719. Extension of authority for Joint Department of Defense-
           Department of Veterans Affairs Medical Facility Demonstration 
           Fund.
Sec. 720. Residency requirements for podiatrists.
Sec. 721. Authorization of physical therapist assistants and 
           occupational therapy assistants to provide services under the 
           TRICARE program.
Sec. 722. Selection of military commanders and directors of military 
           medical treatment facilities.

[[Page 131 STAT. 1290]]

                  Subtitle C--Reports and Other Matters

Sec. 731. Pilot program on health care assistance system.
Sec. 732. Feasibility study on conduct of pilot program on mental health 
           readiness of part-time members of the reserve components of 
           the Armed Forces.
Sec. 733. Report on plan to improve pediatric care and related services 
           for children of members of the Armed Forces.
Sec. 734. Longitudinal medical study on blast pressure exposure of 
           members of the Armed Forces.
Sec. 735. Study on safe opioid prescribing practices.
Sec. 736. Report on implementation of GAO recommendations.
Sec. 737. Declassification by Department of Defense of certain incidents 
           of exposure of members of the Armed Forces to toxic 
           substances.
Sec. 738. Coordination by Veterans Health Administration of efforts to 
           understand effects of burn pits.
Sec. 739. TRICARE technical amendments.

  TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED 
                                 MATTERS

              Subtitle A--Acquisition Policy and Management

Sec. 801. Statements of purpose for Department of Defense acquisition.
Sec. 802. Management of intellectual property matters within the 
           Department of Defense.
Sec. 803. Performance of incurred cost audits.
Sec. 804. Repeal of certain auditing requirements.
Sec. 805. Increased simplified acquisition threshold.
Sec. 806. Requirements related to the micro-purchase threshold.
Sec. 807. Process for enhanced supply chain scrutiny.
Sec. 808. Defense policy advisory committee on technology.
Sec. 809. Report on extension of development, acquisition, and 
           sustainment authorities of the military departments to the 
           United States Special Operations Command.
Sec. 810. Technical and conforming amendments related to program 
           management provisions.

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

Sec. 811. Modifications to cost or pricing data and reporting 
           requirements.
Sec. 812. Applicability of cost and pricing data certification 
           requirements.
Sec. 813. Sunset of certain provisions relating to the procurement of 
           goods other than United States goods.
Sec. 814. Comptroller General report on health and safety records.
Sec. 815. Limitation on unilateral definitization.
Sec. 816. Amendment to sustainment reviews.
Sec. 817. Use of program income by eligible entities that carry out 
           procurement technical assistance programs.
Sec. 818. Enhanced post-award debriefing rights.
Sec. 819. Amendments relating to information technology.
Sec. 820. Change to definition of subcontract in certain circumstances.
Sec. 821. Amendment relating to applicability of inflation adjustments.
Sec. 822. Use of lowest price technically acceptable source selection 
           process.
Sec. 823. Exemption from design-build selection procedures.
Sec. 824. Contract closeout authority.
Sec. 825. Elimination of cost underruns as factor in calculation of 
           penalties for cost overruns.
Sec. 826. Modification to annual meeting requirement of Configuration 
           Steering Boards.
Sec. 827. Pilot program on payment of costs for denied Government 
           Accountability Office bid protests.

  Subtitle C--Provisions Relating to Major Defense Acquisition Programs

Sec. 831. Revisions to definition of major defense acquisition program.
Sec. 832. Prohibition on use of lowest price technically acceptable 
           source selection process for major defense acquisition 
           programs.
Sec. 833. Role of the Chief of the armed force in material development 
           decision and acquisition system milestones.
Sec. 834. Requirement to emphasize reliability and maintainability in 
           weapon system design.
Sec. 835. Licensing of appropriate intellectual property to support 
           major weapon systems.

[[Page 131 STAT. 1291]]

Sec. 836. Codification of requirements pertaining to assessment, 
           management, and control of operating and support costs for 
           major weapon systems.
Sec. 837. Should-cost management.
Sec. 838. Improvements to test and evaluation processes and tools.
Sec. 839. Enhancements to transparency in test and evaluation processes 
           and data.

        Subtitle D--Provisions Relating to Acquisition Workforce

Sec. 841. Enhancements to the civilian program management workforce.
Sec. 842. Credits to Department of Defense Acquisition Workforce 
           Development Fund.
Sec. 843. Improvements to the hiring and training of the acquisition 
           workforce.
Sec. 844. Extension and modifications to acquisition demonstration 
           project.

           Subtitle E--Provisions Relating to Commercial Items

Sec. 846. Procurement through commercial e-commerce portals.
Sec. 847. Revision to definition of commercial item.
Sec. 848. Commercial item determinations.
Sec. 849. Review of regulations on commercial items.
Sec. 850. Training in commercial items procurement.

         Subtitle F--Provisions Relating to Services Contracting

Sec. 851. Improvement of planning for acquisition of services.
Sec. 852. Standard guidelines for evaluation of requirements for 
           services contracts.
Sec. 853. Report on outcome-based services contracts.
Sec. 854. Pilot program for longer term multiyear service contracts.

   Subtitle G--Provisions Relating to Other Transaction Authority and 
                               Prototyping

Sec. 861. Contract authority for advanced development of initial or 
           additional prototype units.
Sec. 862. Methods for entering into research agreements.
Sec. 863. Education and training for transactions other than contracts 
           and grants.
Sec. 864. Other transaction authority for certain prototype projects.
Sec. 865. Amendment to nontraditional and small contractor innovation 
           prototyping program.
Sec. 866. Middle tier of acquisition for rapid prototype and rapid 
           fielding.
Sec. 867. Preference for use of other transactions and experimental 
           authority.
Sec. 868. Prototype projects to digitize defense acquisition 
           regulations, policies, and guidance, and empower user 
           tailoring of acquisition process.

         Subtitle H--Provisions Relating to Software Acquisition

Sec. 871. Noncommercial computer software acquisition considerations.
Sec. 872. Defense Innovation Board analysis of software acquisition 
           regulations.
Sec. 873. Pilot program to use agile or iterative development methods to 
           tailor major software-intensive warfighting systems and 
           defense business systems.
Sec. 874. Software development pilot program using agile best practices.
Sec. 875. Pilot program for open source software.

                        Subtitle I--Other Matters

Sec. 881. Extension of maximum duration of fuel storage contracts.
Sec. 882. Procurement of aviation critical safety items.
Sec. 883. Modifications to the advisory panel on streamlining and 
           codifying acquisition regulations.
Sec. 884. Repeal of expired pilot program for leasing commercial utility 
           cargo vehicles.
Sec. 885. Exception for business operations from requirement to accept 
           $1 coins.
Sec. 886. Development of Procurement Administrative Lead Time.
Sec. 887. Notional milestones and standard timelines for contracts for 
           foreign military sales.
Sec. 888. Assessment and authority to terminate or prohibit contracts 
           for procurement from Chinese companies providing support to 
           the Democratic People's Republic of Korea.
Sec. 889. Report on defense contracting fraud.
Sec. 890. Comptroller General report on contractor business system 
           requirements.
Sec. 891. Training on agile or iterative development methods.

       TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

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

Sec. 901. Treatment of incumbent Under Secretary of Defense for 
           Acquisition, Technology, and Logistics.

[[Page 131 STAT. 1292]]

Sec. 902. Clarification of authority of Under Secretary of Defense for 
           Acquisition and Sustainment with respect to service 
           acquisition programs for which the service acquisition 
           executive is the milestone decision authority.
Sec. 903. Executive Schedule matters relating to Under Secretary of 
           Defense for Acquisition and Sustainment.
Sec. 904. Consistent period of relief from active duty as a commissioned 
           officer of a regular component of the Armed Forces for 
           appointment to Under Secretary of Defense positions.
Sec. 905. Qualifications for appointment and additional duties and 
           powers of certain officials within the Office of the Under 
           Secretary of Defense (Comptroller).
Sec. 906. Redesignation of Principal Deputy Under Secretaries of Defense 
           as Deputy Under Secretaries of Defense and related matters.
Sec. 907. Reduction of number and elimination of specific designations 
           of Assistant Secretaries of Defense.
Sec. 908. Limitation on maximum number of Deputy Assistant Secretaries 
           of Defense.
Sec. 909. Appointment and responsibilities of Chief Information Officer 
           of the Department of Defense.
Sec. 910. Chief Management Officer of the Department of Defense.

                Subtitle B--Data Management and Analytics

Sec. 911. Policy on treatment of defense business system data related to 
           business operations and management.
Sec. 912. Transparency of defense management data.
Sec. 913. Establishment of set of activities that use data analysis, 
           measurement, and other evaluation-related methods to improve 
           acquisition program outcomes.

  Subtitle C--Organization of Other Department of Defense Offices and 
                                Elements

Sec. 921. Qualifications for appointment of Assistant Secretaries of the 
           military departments for financial management.
Sec. 922. Manner of carrying out reductions in major Department of 
           Defense headquarters activities pursuant to headquarters 
           reduction plan.
Sec. 923. Certifications on cost savings achieved by reductions in major 
           Department of Defense headquarters activities.
Sec. 924. Corrosion control and prevention executives matters.
Sec. 925. Background and security investigations for Department of 
           Defense personnel.

            Subtitle D--Miscellaneous Reporting Requirements

Sec. 931. Additional elements in reports on policy, organization, and 
           management goals of the Secretary of Defense for the 
           Department of Defense.
Sec. 932. Report and sense of Congress on responsibility for 
           developmental test and evaluation within the Office of the 
           Secretary of Defense.
Sec. 933. Report on Office of Corrosion Policy and Oversight.

                        Subtitle D--Other Matters

Sec. 941. Commission on the National Defense Strategy for the United 
           States.

                       TITLE X--GENERAL PROVISIONS

                      Subtitle A--Financial Matters

Sec. 1001. General transfer authority.
Sec. 1002. Consolidation, codification, and improvement of certain 
           authorities and requirements in connection with the audit of 
           the financial statements of the Department of Defense.
Sec. 1003. Improper payment matters.
Sec. 1004. Rankings of auditability of financial statements of the 
           organizations and elements of the Department of Defense.
Sec. 1005. Financial operations dashboard for the Department of Defense.
Sec. 1006. Review and recommendations on efforts to obtain audit opinion 
           on full financial statements.
Sec. 1007. Notification requirement for certain contracts for audit 
           services.

                   Subtitle B--Counterdrug Activities

Sec. 1011. Extension of authority to support a unified counterdrug and 
           counterterrorism campaign in Colombia.
Sec. 1012. Venue for prosecution of maritime drug trafficking.

                 Subtitle C--Naval Vessels and Shipyards

Sec. 1021. National Defense Sealift Fund.

[[Page 131 STAT. 1293]]

Sec. 1022. Use of National Sea-Based Deterrence Fund for multiyear 
           procurement of certain critical components.
Sec. 1023. Operational readiness of littoral combat ships on extended 
           deployment.
Sec. 1024. Availability of funds for retirement or inactivation of 
           Ticonderoga-class cruisers or dock landing ships.
Sec. 1025. Policy of the United States on minimum number of battle force 
           ships.
Sec. 1026. Surveying ships.

                      Subtitle D--Counterterrorism

Sec. 1031. Modification of authority on support of special operations to 
           combat terrorism.
Sec. 1032. Termination of requirement to submit annual budget 
           justification display for Department of Defense combating 
           terrorism program.
Sec. 1033. Prohibition on use of funds for transfer or release of 
           individuals detained at United States Naval Station, 
           Guantanamo Bay, Cuba to the United States.
Sec. 1034. Prohibition on use of funds to construct or modify facilities 
           in the United States to house detainees transferred from 
           United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1035. Prohibition on use of funds for transfer or release of 
           individuals detained at United States Naval Station, 
           Guantanamo Bay, Cuba, to certain countries.
Sec. 1036. Prohibition on use of funds to close or relinquish control of 
           United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1037. Sense of Congress regarding providing for timely victim and 
           family testimony in military commission trials.
Sec. 1038. Report on public availability of military commissions 
           proceedings.

          Subtitle E--Miscellaneous Authorities and Limitations

Sec. 1041. Limitation on expenditure of funds for emergency and 
           extraordinary expenses for intelligence and counter-
           intelligence activities.
Sec. 1042. Matters relating to the submittal of future-years defense 
           programs.
Sec. 1043. Modifications to humanitarian demining assistance 
           authorities.
Sec. 1044. Prohibition on charge of certain tariffs on aircraft 
           traveling through channel routes.
Sec. 1045. Prohibition on lobbying activities with respect to the 
           Department of Defense by certain officers of the Armed Forces 
           and civilian employees of the Department following separation 
           from military service or employment with the Department.
Sec. 1046. Prohibition on use of funds for retirement of legacy maritime 
           mine countermeasures platforms.
Sec. 1047. Report on western Pacific Ocean ship depot maintenance 
           capability and capacity.
Sec. 1048. Annual training regarding the influence campaign of the 
           Russian Federation.
Sec. 1049. Workforce issues for military realignments in the Pacific.

                     Subtitle F--Studies and Reports

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 transfer of defense articles to units committing 
           gross violations of human rights.
Sec. 1053. Report on the National Biodefense Analysis and 
           Countermeasures Center.
Sec. 1054. Report on Department of Defense Arctic capability and 
           resource gaps and required infrastructure.
Sec. 1055. Review and assessment of Department of Defense personnel 
           recovery and nonconventional assisted recovery mechanisms.
Sec. 1056. Mine warfare readiness inspection plan and report.
Sec. 1057. Annual report on civilian casualties in connection with 
           United States military operations.
Sec. 1058. Report on Joint Pacific Alaska Range Complex modernization.
Sec. 1059. Report on alternatives to aqueous film forming foam.
Sec. 1060. Assessment of global force posture.
Sec. 1061. Army modernization strategy.
Sec. 1062. Report on Army plan to improve operational unit readiness by 
           reducing number of non-deployable soldiers assigned to 
           operational units.
Sec. 1063. Efforts to combat physiological episodes on certain Navy 
           aircraft.
Sec. 1064. Studies on aircraft inventories for the Air Force.
Sec. 1065. Department of Defense review of Navy capabilities in the 
           Arctic region.

[[Page 131 STAT. 1294]]

Sec. 1066. Comprehensive review of maritime intelligence, surveillance, 
           reconnaissance, and targeting capabilities.
Sec. 1067. Report on the need for a Joint Chemical-Biological Defense 
           Logistics Center.
Sec. 1068. Missile Technology Control Regime Category I unmanned aerial 
           vehicle systems.
Sec. 1069. Recommendations for interagency vetting of foreign 
           investments affecting national security.
Sec. 1070. Briefing on prior attempted Russian cyber attacks against 
           defense systems.
Sec. 1071. Enhanced analytical and monitoring capability of the defense 
           industrial base.
Sec. 1072. Report on defense of combat logistics and strategic mobility 
           forces.
Sec. 1073. Report on acquisition strategy to recapitalize the existing 
           system for undersea fixed surveillance.
Sec. 1074. Report on implementation of requirements in connection with 
           the organization of the Department of Defense for management 
           of special operations forces and special operations.
Sec. 1075. Report on the global food system and vulnerabilities relevant 
           to Department of Defense missions.

              Subtitle G--Modernizing Government Technology

Sec. 1076. Definitions.
Sec. 1077. Establishment of agency information technology systems 
           modernization and working capital funds.
Sec. 1078. Establishment of technology modernization fund and board.

                        Subtitle H--Other Matters

Sec. 1081. Technical, conforming, and clerical amendments.
Sec. 1082. Clarification of applicability of certain provisions of law 
           to civilian judges of the United States Court of Military 
           Commission Review.
Sec. 1083. Modification of requirement relating to conversion of certain 
           military technician (dual status) positions to civilian 
           positions.
Sec. 1084. National Guard accessibility to Department of Defense issued 
           unmanned aircraft.
Sec. 1085. Sense of Congress regarding aircraft carriers.
Sec. 1086. Sense of Congress recognizing the United States Navy Seabees.
Sec. 1087. Construction of memorial to the crew of the Apollo I launch 
           test accident at Arlington National Cemetery.
Sec. 1088. Department of Defense engagement with covered non-Federal 
           entities.
Sec. 1089. Prize competition to identify root cause of physiological 
           episodes on Navy, Marine Corps, and Air Force training and 
           operational aircraft.
Sec. 1090. Providing assistance to House of Representatives in response 
           to cybersecurity events.
Sec. 1091. Transfer of surplus firearms to Corporation for the Promotion 
           of Rifle Practice and Firearms Safety.
Sec. 1092. Collaboration between Federal Aviation Administration and 
           Department of Defense on unmanned aircraft systems.
Sec. 1093. Carriage of certain programming.
Sec. 1094. National strategy for countering violent extremism.
Sec. 1095. Sense of Congress regarding World War I.
Sec. 1096. Notice to Congress of terms of Department of Defense 
           settlement agreements.
Sec. 1097. Office of Special Counsel reauthorization.
Sec. 1098. Air transportation of civilian Department of Defense 
           personnel to and from Afghanistan.

                  TITLE XI--CIVILIAN PERSONNEL MATTERS

Sec. 1101. Direct hire authority for the Department of Defense for 
           personnel to assist in business transformation and management 
           innovation.
Sec. 1102. Extension of direct hire authority for Domestic Defense 
           Industrial Base Facilities and Major Range and Test 
           Facilities Base.
Sec. 1103. Extension of authority to provide voluntary separation 
           incentive pay for civilian employees of the Department of 
           Defense.
Sec. 1104. Additional Department of Defense science and technology 
           reinvention laboratories.
Sec. 1105. One year extension of authority to waive annual limitation on 
           premium pay and aggregate limitation on pay for Federal 
           civilian employees working overseas.
Sec. 1106. Direct hire authority for financial management experts in the 
           Department of Defense workforce.

[[Page 131 STAT. 1295]]

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. 1109. Extension of overtime rate authority for Department of the 
           Navy employees performing work aboard or dockside in support 
           of the nuclear-powered aircraft carrier forward deployed in 
           Japan.
Sec. 1110. Pilot program on enhanced personnel management system for 
           cybsersecurity and legal professionals in the Department of 
           Defense.
Sec. 1111. Establishment of senior scientific technical managers at 
           Major Range and Test Facility Base Facilities and Defense 
           Test Resource Management Center.

             TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

                   Subtitle A--Assistance and Training

Sec. 1201. One-year extension of logistical support for coalition forces 
           supporting certain United States military operations.
Sec. 1202. Support of special operations for irregular warfare.
Sec. 1203. Obligation of funds in Special Defense Acquisition Fund for 
           precision guided munitions.
Sec. 1204. Modification of defense institution capacity building and 
           authority to build capacity of foreign security forces.
Sec. 1205. Extension and modification of authority on training for 
           Eastern European national security forces in the course of 
           multilateral exercises.
Sec. 1206. Global Security Contingency Fund.
Sec. 1207. Defense Institute of International Legal Studies.
Sec. 1208. Extension of participation in and support of the Inter-
           American Defense College.
Sec. 1209. Plan on improvement of ability of national security forces of 
           foreign countries participating in United States capacity 
           building programs to protect civilians.

        Subtitle B--Matters Relating to Afghanistan and Pakistan

Sec. 1211. Extension of authority to transfer defense articles and 
           provide defense services to the military and security forces 
           of Afghanistan.
Sec. 1212. Extension and modification of authority for reimbursement of 
           certain coalition nations for support provided to United 
           States military operations.
Sec. 1213. Special immigrant visas for Afghan allies.
Sec. 1214. Extension of authority to acquire products and services 
           produced in countries along a major route of supply to 
           Afghanistan.
Sec. 1215. Extension of semiannual report on enhancing security and 
           stability in Afghanistan.
Sec. 1216. Human rights vetting of Afghan National Defense and Security 
           Forces.

          Subtitle C--Matters Relating to Syria, Iraq, and Iran

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 Syria.
Sec. 1223. Modification of authority to provide assistance to the vetted 
           Syrian opposition.
Sec. 1224. Extension and modification of authority to support operations 
           and activities of the Office of Security Cooperation in Iraq.
Sec. 1225. Modification and additional elements in annual report on the 
           military power of Iran.
Sec. 1226. Extension of quarterly reports on confirmed ballistic missile 
           launches from Iran and imposition of sanctions in connection 
           with those launches.
Sec. 1227. Limitation on use of funds for provision of man-portable air 
           defense systems to the vetted Syrian opposition.
Sec. 1228. Report on agreement with the Government of the Russian 
           Federation on the status of Syria.

         Subtitle D--Matters Relating to the Russian Federation

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. Sense of Congress on European security.
Sec. 1234. Modification and extension of Ukraine Security Assistance 
           Initiative.

[[Page 131 STAT. 1296]]

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. Report on Security Cooperation with respect to Western Balkan 
           Countries.
Sec. 1238. Plan to respond in case of Russian noncompliance with the New 
           START Treaty.
Sec. 1239. Strategy to counter threats by the Russian Federation.
Sec. 1239A. Strategy to counter the threat of malign influence by the 
           Russian Federation.

Subtitle E--Intermediate-Range Nuclear Forces (INF) Treaty Preservation 
                               Act of 2017

Sec. 1241. Short title.
Sec. 1242. Findings.
Sec. 1243. Compliance enforcement regarding Russian violations of the 
           INF Treaty.
Sec. 1244. 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. 1245. Review of RS-26 ballistic missile.
Sec. 1246. Definitions.

      Subtitle F--Matters Relating to the Indo-Asia-Pacific Region

Sec. 1251. Sense of Congress and Initiative for the Indo-Asia-Pacific 
           region.
Sec. 1252. Report on strategy to prioritize United States defense 
           interests in the Indo-Asia-Pacific region.
Sec. 1253. Assessment of United States force posture and basing needs in 
           the Indo-Asia-Pacific region.
Sec. 1254. Plan to enhance the extended deterrence and assurance 
           capabilities of the United States in the Asia-Pacific region.
Sec. 1255. 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. 1256. Strategy on North Korea.
Sec. 1257. North Korean nuclear intercontinental ballistic missiles.
Sec. 1258. Advancements in defense cooperation between the United States 
           and India.
Sec. 1259. Strengthening the defense partnership between the United 
           States and Taiwan.
Sec. 1259A. Normalizing the transfer of defense articles and defense 
           services to Taiwan.
Sec. 1259B. Assessment on United States defense implications of China's 
           expanding global access.
Sec. 1259C. Agreement supplemental to Compact of Free Association with 
           Palau.
Sec. 1259D. Study on United States interests in the Freely Associated 
           States.

                           Subtitle G--Reports

Sec. 1261. Modification of annual report on military and security 
           developments involving the People's Republic of China.
Sec. 1262. Modifications to annual update of Department of Defense 
           Freedom of Navigation Operations report.
Sec. 1263. Report on strategy to defeat Al-Qaeda, the Taliban, the 
           Islamic State of Iraq and Syria (ISIS), and their associated 
           forces and co-belligerents.
Sec. 1264. Report on and notice of changes made to the legal and policy 
           frameworks for the United States' use of military force and 
           related national security operations.
Sec. 1265. Report on military action of Saudi Arabia and its coalition 
           partners in Yemen.
Sec. 1266. Submittal of Department of Defense Supplemental and Cost of 
           War Execution reports on quarterly basis.
Sec. 1267. Consolidation of reports on United States Armed Forces, 
           civilian employees, and contractors deployed in support of 
           Operation Inherent Resolve, Operation Freedom's Sentinel, and 
           associated and successor operations.
Sec. 1268. Comptroller General of the United States report on pricing 
           and availability with respect to foreign military sales.
Sec. 1269. Annual report on military and security developments involving 
           the Russian Federation.

                        Subtitle H--Other Matters

Sec. 1271. Security and stability strategy for Somalia.

[[Page 131 STAT. 1297]]

Sec. 1272. Global Theater Security Cooperation Management Information 
           System.
Sec. 1273. Future years plan for the European Deterrence Initiative.
Sec. 1274. Extension of authority to enter into agreements with 
           participating countries in the American, British, Canadian, 
           and Australian Armies' Program.
Sec. 1275. United States military and diplomatic strategy for Yemen.
Sec. 1276. Transfer of excess high mobility multipurpose wheeled 
           vehicles to foreign countries.
Sec. 1277. Department of Defense program to protect United States 
           students against foreign agents.
Sec. 1278. Limitation and extension of United States-Israel anti-tunnel 
           cooperation authority.
Sec. 1279. Anticorruption strategy.
Sec. 1279A. Strategy to improve defense institutions and security sector 
           forces in Nigeria.
Sec. 1279B. Limitation on availability of funds to implement the Arms 
           Trade Treaty.
Sec. 1279C. Cultural Heritage Protection Coordinator.
Sec. 1279D. Security assistance for Baltic nations for joint program for 
           interoperability and deterrence against aggression.
Sec. 1279E. Restriction on funding for the Preparatory Commission for 
           the Comprehensive Nuclear-Test-Ban Treaty Organization.
Sec. 1279F. Clarification of authority to support border security 
           operations of certain foreign countries.

                TITLE XIII--COOPERATIVE THREAT REDUCTION

Sec. 1301. Specification of Cooperative Threat Reduction funds.
Sec. 1302. Funding allocations.

                     TITLE XIV--OTHER AUTHORIZATIONS

                      Subtitle A--Military Programs

Sec. 1401. Working capital funds.
Sec. 1402. Chemical agents and munitions destruction, defense.
Sec. 1403. Drug interdiction and counter-drug activities defense-wide.
Sec. 1404. Defense Inspector General.
Sec. 1405. Defense Health Program.
Sec. 1406. National Defense Sealift Fund.

                        Subtitle B--Other Matters

Sec. 1411. Authority for transfer of funds to joint Department of 
           Defense-Department of Veterans Affairs Medical Facility 
           Demonstration Fund for Captain James A. Lovell Health Care 
           Center, Illinois.
Sec. 1412. Authorization of appropriations for Armed Forces Retirement 
           Home.
Sec. 1413. Armed Forces Retirement Home matters.
Sec. 1414. Authority to dispose of certain materials from and to acquire 
           additional materials for the National Defense Stockpile.
Sec. 1415. Acquisition reporting on major chemical demilitarization 
           programs of the Department of Defense.

   TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS 
                         CONTINGENCY OPERATIONS

               Subtitle A--Authorization of Appropriations

Sec. 1501. Purpose and treatment of certain authorizations of 
           appropriations.
Sec. 1502. Overseas contingency operations.
Sec. 1503. Procurement.
Sec. 1504. Research, development, test, and evaluation.
Sec. 1505. Operation and maintenance.
Sec. 1506. Military personnel.
Sec. 1507. Working capital funds.
Sec. 1508. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1509. Defense Inspector General.
Sec. 1510. Defense Health program.

                      Subtitle B--Financial Matters

Sec. 1511. Treatment as additional authorizations.
Sec. 1512. Special transfer authority.

           Subtitle C--Limitations, Reports, and Other Matters

Sec. 1521. Afghanistan Security Forces Fund.

[[Page 131 STAT. 1298]]

Sec. 1522. Joint Improvised-Threat Defeat Fund.
Sec. 1523. Comptroller General report on feasibility of separation of 
           expenditures.
Sec. 1524. Guidelines for budget items to be covered by overseas 
           contingency operations accounts.

     TITLE XVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS

                      Subtitle A--Space Activities

Sec. 1601. Space acquisition and management and oversight.
Sec. 1602. Codification, extension, and modification of limitation on 
           construction on United States territory of satellite 
           positioning ground monitoring stations of foreign 
           governments.
Sec. 1603. Foreign commercial satellite services: cybersecurity threats 
           and launches.
Sec. 1604. Extension of pilot program on commercial weather data.
Sec. 1605. Evolved Expendable Launch Vehicle modernization and 
           sustainment of assured access to space.
Sec. 1606. Demonstration of backup and complementary positioning, 
           navigation, and timing capabilities of Global Positioning 
           System.
Sec. 1607. Enhancement of positioning, navigation, and timing capacity.
Sec. 1608. Commercial satellite communications pathfinder program.
Sec. 1609. Launch support and infrastructure modernization.
Sec. 1610. Limitation on availability of funding for Joint Space 
           Operations Center mission system.
Sec. 1611. Limitation on use of funds for Delta IV launch vehicle.
Sec. 1612. Air Force space contractor responsibility watch list.
Sec. 1613. Certification and briefing on operational and contingency 
           plans for loss or degradation of space capabilities.
Sec. 1614. Report on protected satellite communications.
Sec. 1615. Sense of Congress on establishment of Space Flag training 
           event.
Sec. 1616. Sense of Congress on coordinating efforts to prepare for 
           space weather events.
Sec. 1617. Sense of Congress on National Space Defense Center.

  Subtitle B--Defense Intelligence and Intelligence-Related Activities

Sec. 1621. Security clearances for facilities of certain companies.
Sec. 1622. Extension of authority to engage in certain commercial 
           activities.
Sec. 1623. Submission of audits of commercial activity funds.
Sec. 1624. Clarification of annual briefing on the intelligence, 
           surveillance, and reconnaissance requirements of the 
           combatant commands.
Sec. 1625. Consideration of service by recipients of Boren scholarships 
           and fellowships in excepted service positions as service by 
           such recipients under career appointments for purposes of 
           career tenure.
Sec. 1626. Review of support provided by Defense intelligence elements 
           to acquisition activities of the Department.
Sec. 1627. Establishment of Chairman's controlled activity within Joint 
           Staff for intelligence, surveillance, and reconnaissance.
Sec. 1628. Requirements relating to multi-use sensitive compartmented 
           information facilities.
Sec. 1629. Limitation on availability of funds for certain 
           counterintelligence activities.

                 Subtitle C--Cyberspace-Related Matters

                      Part I--General Cyber Matters

Sec. 1631. Notification requirements for sensitive military cyber 
           operations and cyber weapons.
Sec. 1632. Modification to quarterly cyber operations briefings.
Sec. 1633. Policy of the United States on cyberspace, cybersecurity, and 
           cyber warfare.
Sec. 1634. Prohibition on use of products and services developed or 
           provided by Kaspersky Lab.
Sec. 1635. Modification of authorities relating to establishment of 
           unified combatant command for cyber operations.
Sec. 1636. Modification of definition of acquisition workforce to 
           include personnel contributing to cybersecurity systems.
Sec. 1637. Integration of strategic information operations and cyber-
           enabled information operations.
Sec. 1638. Exercise on assessing cybersecurity support to election 
           systems of States.
Sec. 1639. Measurement of compliance with cybersecurity requirements for 
           industrial control systems.

[[Page 131 STAT. 1299]]

Sec. 1640. Strategic Cybersecurity Program.
Sec. 1641. Plan to increase cyber and information operations, 
           deterrence, and defense.
Sec. 1642. Evaluation of agile or iterative development of cyber tools 
           and applications.
Sec. 1643. Assessment of defense critical electric infrastructure.
Sec. 1644. Cyber posture review.
Sec. 1645. Briefing on cyber capability and readiness shortfalls.
Sec. 1646. Briefing on cyber applications of blockchain technology.
Sec. 1647. Briefing on training infrastructure for cyber mission forces.
Sec. 1648. Report on termination of dual-hat arrangement for Commander 
           of the United States Cyber Command.

                    Part II--Cybersecurity Education

Sec. 1649. Cyber Scholarship Program.
Sec. 1649A. Community college cyber pilot program and assessment.
Sec. 1649B. Federal Cyber Scholarship-for-Service program updates.
Sec. 1649C. Cybersecurity teaching.

                       Subtitle D--Nuclear Forces

Sec. 1651. Annual assessment of cyber resiliency of nuclear command and 
           control system.
Sec. 1652. Collection, storage, and sharing of data relating to nuclear 
           security enterprise.
Sec. 1653. Notifications regarding dual-capable F-35A aircraft.
Sec. 1654. Oversight of delayed acquisition programs by Council on 
           Oversight of the National Leadership Command, Control, and 
           Communications System.
Sec. 1655. Establishment of Nuclear Command and Control Intelligence 
           Fusion Center.
Sec. 1656. Security of nuclear command, control, and communications 
           system from commercial dependencies.
Sec. 1657. Oversight of aerial-layer programs by Council on Oversight of 
           the National Leadership Command, Control, and Communications 
           System.
Sec. 1658. Security classification guide for programs relating to 
           nuclear command, control, and communications and nuclear 
           deterrence.
Sec. 1659. Evaluation and enhanced security of supply chain for nuclear 
           command, control, and communications and continuity of 
           government programs.
Sec. 1660. Procurement authority for certain parts of intercontinental 
           ballistic missile fuzes.
Sec. 1661. Presidential National Voice Conferencing System and Phoenix 
           Air-to-Ground Communications Network.
Sec. 1662. Limitation on pursuit of certain command and control concept.
Sec. 1663. Prohibition on availability of funds for mobile variant of 
           ground-based strategic deterrent missile.
Sec. 1664. Prohibition on reduction of the intercontinental ballistic 
           missiles of the United States.
Sec. 1665. Modification to annual report on plan for the nuclear weapons 
           stockpile, nuclear weapons complex, nuclear weapons delivery 
           systems, and nuclear weapons command and control system.
Sec. 1666. Establishment of procedures for implementation of Nuclear 
           Enterprise Review.
Sec. 1667. Report on impacts of nuclear proliferation.
Sec. 1668. Certification that the Nuclear Posture Review addresses 
           deterrent effect and operation of United States nuclear 
           forces in current and future security environments.
Sec. 1669. Plan to manage Integrated Tactical Warning and Attack 
           Assessment System and multi-domain sensors.
Sec. 1670. Certification requirement with respect to strategic radiation 
           hardened trusted microelectronics.
Sec. 1671. Nuclear Posture Review.
Sec. 1672. Sense of Congress on importance of independent nuclear 
           deterrent of United Kingdom.

                  Subtitle E--Missile Defense Programs

Sec. 1676. Administration of missile defense and defeat programs.
Sec. 1677. Condition for proceeding beyond low-rate initial production.
Sec. 1678. Preservation of the ballistic missile defense capacity of the 
           Army.
Sec. 1679. Modernization of Army lower tier air and missile defense 
           sensor.
Sec. 1680. Defense of Hawaii from North Korean ballistic missile attack.
Sec. 1681. Designation of location of continental United States 
           interceptor site.

[[Page 131 STAT. 1300]]

Sec. 1682. Aegis Ashore anti-air warfare capability.
Sec. 1683. Development of persistent space-based sensor architecture.
Sec. 1684. Iron Dome short-range rocket defense system and Israeli 
           Cooperative Missile Defense Program co-development and co-
           production.
Sec. 1685. Boost phase ballistic missile defense.
Sec. 1686. Ground-based interceptor capability, capacity, and 
           reliability.
Sec. 1687. Limitation on availability of funds for ground-based 
           midcourse defense element of the ballistic missile defense 
           system.
Sec. 1688. Plan for development of space-based ballistic missile 
           intercept layer.
Sec. 1689. Sense of Congress on the state of the missile defense of the 
           United States.
Sec. 1690.  Sense of Congress and report on ground-based midcourse 
           defense testing.

                        Subtitle F--Other Matters

Sec. 1691. Commission to Assess the Threat to the United States From 
           Electromagnetic Pulse Attacks and Similar Events.
Sec. 1692. Protection of certain facilities and assets from unmanned 
           aircraft.
Sec. 1693. Conventional prompt global strike weapons system.
Sec. 1694. Business case analysis regarding ammonium perchlorate.
Sec. 1695. Report on industrial base for large solid rocket motors and 
           related technologies.
Sec. 1696. Pilot program on enhancing information sharing for security 
           of supply chain.
Sec. 1697. Pilot program on electromagnetic spectrum mapping.
Sec. 1698. Use of commercial items in Distributed Common Ground Systems.

   TITLE XVII--SMALL BUSINESS PROCUREMENT AND INDUSTRIAL BASE MATTERS

Sec. 1701. Amendments to HUBZone provisions of the Small Business Act.
Sec. 1702. Uniformity in procurement terminology.
Sec. 1703. Improving reporting on small business goals.
Sec. 1704. Responsibilities of Business Opportunity Specialists.
Sec. 1705. Responsibilities of commercial market representatives.
Sec. 1706. Modification of past performance pilot program to include 
           consideration of past performance with allies of the United 
           States.
Sec. 1707. 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. 1708. Inclusion of SBIR and STTR programs in technical assistance.
Sec. 1709. Requirements relating to competitive procedures and 
           justification for awards under the SBIR and STTR programs.
Sec. 1710. Pilot program for streamlined technology transition from the 
           SBIR and STTR programs of the Department of Defense.
Sec. 1711. Pilot program on strengthening manufacturing in the defense 
           industrial base.
Sec. 1712. Review regarding applicability of foreign ownership, control, 
           or influence requirements of National Industrial Security 
           Program to national technology and industrial base companies.
Sec. 1713. Report on sourcing of tungsten and tungsten powders from 
           domestic producers.
Sec. 1714. Report on utilization of small business concerns for Federal 
           contracts.

            TITLE XVIII--GOVERNMENT PURCHASE AND TRAVEL CARDS

Sec. 1801. Short title.
Sec. 1802. Definitions.
Sec. 1803. Expanded use of data analytics.
Sec. 1804. Guidance on improving information sharing to curb improper 
           payments.
Sec. 1805. Interagency charge card data management group.
Sec. 1806. Reporting requirements.

            DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be 
           specified by law.
Sec. 2003. Effective date.

                  TITLE XXI--ARMY MILITARY CONSTRUCTION

Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.

[[Page 131 STAT. 1301]]

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.

                 TITLE XXII--NAVY MILITARY CONSTRUCTION

Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Extension of authorizations for certain fiscal year 2014 
           projects.
Sec. 2206. Extension of authorizations of certain fiscal year 2015 
           projects.

              TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION

Sec. 2301. Authorized Air Force construction and land acquisition 
           projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Modification of authority to carry out certain fiscal year 
           2017 projects.
Sec. 2306. Extension of authorizations of certain fiscal year 2015 
           projects.

           TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION

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.

                    TITLE XXV--INTERNATIONAL PROGRAMS

   Subtitle A--North Atlantic Treaty Organization Security Investment 
                                 Program

Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.

             Subtitle B--Host Country In-Kind Contributions

Sec. 2511. Republic of Korea funded construction projects.
Sec. 2512. Modification of authority to carry out certain fiscal year 
           2017 projects.

             TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

 Subtitle A--Project Authorizations and Authorization of Appropriations

Sec. 2601. Authorized Army National Guard construction and land 
           acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition 
           projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction 
           and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land 
           acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land 
           acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.

                        Subtitle B--Other Matters

Sec. 2611. Modification of authority to carry out certain fiscal year 
           2015 project.
Sec. 2612. Extension of authorizations of certain fiscal year 2014 
           projects.
Sec. 2613. Extension of authorizations of certain fiscal year 2015 
           projects.

          TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES

Sec. 2701. Authorization of appropriations for base realignment and 
           closure activities funded through Department of Defense base 
           closure account.
Sec. 2702. Prohibition on conducting additional base realignment and 
           closure (BRAC) round.

         TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

  Subtitle A--Military Construction Program and Military Family Housing

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

[[Page 131 STAT. 1302]]

Sec. 2802. Modification of thresholds applicable to unspecified minor 
           construction projects.
Sec. 2803. Annual locality adjustment of dollar thresholds applicable to 
           unspecified minor military construction authorities.
Sec. 2804. Extension of temporary, limited authority to use operation 
           and maintenance funds for construction projects outside the 
           United States.
Sec. 2805. Use of operation and maintenance funds for military 
           construction projects to replace facilities damaged or 
           destroyed by natural disasters or terrorism incidents.
Sec. 2806. Annual report on unfunded requirements for laboratory 
           military construction projects.

         Subtitle B--Real Property and Facilities Administration

Sec. 2811. Elimination of written notice requirement for military real 
           property transactions and reliance on electronic submission 
           of notifications and reports.
Sec. 2812. Certification related to certain acquisitions or leases of 
           real property.
Sec. 2813. Increased term limit for intergovernmental support agreements 
           to provide installation support services.
Sec. 2814. 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. 2815. Criteria for exchanges of property at military installations.
Sec. 2816. Land exchange valuation of property with reduced development 
           that limits encroachment on military installations.
Sec. 2817. Requirements for window fall prevention devices in military 
           family housing.
Sec. 2818. Prohibiting use of updated assessment of public schools on 
           Department of Defense installations to supersede funding of 
           certain projects.
Sec. 2819. Access to military installations by transportation network 
           companies.

          Subtitle C--Project Management and Oversight Reforms

Sec. 2821. Notification requirement for certain cost increases.
Sec. 2822. Annual report on schedule delays.
Sec. 2823. Report on design errors and omissions related to Fort Bliss 
           hospital replacement project.
Sec. 2824. Report on cost increase and delay related to USSTRATCOM 
           command and control facility project at Offutt Air Force 
           Base.

                      Subtitle D--Energy Resilience

Sec. 2831. Energy resilience.
Sec. 2832. Authority to use energy cost savings for energy resilience, 
           mission assurance, and weather damage repair and prevention 
           measures.
Sec. 2833. Consideration of energy security and energy resilience in 
           awarding energy and fuel contracts for military 
           installations.
Sec. 2834. Requirement to address energy resilience in exercising 
           utility system conveyance authority.
Sec. 2835. In-kind lease payments; prioritization of utility services 
           that promote energy resilience.
Sec. 2836. Annual Department of Defense energy management reports.
Sec. 2837. Aggregation of energy efficiency and energy resilience 
           projects in life cycle cost analyses.

                      Subtitle E--Land Conveyances

Sec. 2841. Land exchange, Naval Industrial Reserve Ordnance Plant, 
           Sunnyvale, California.
Sec. 2842. Land conveyance, Mountain Home Air Force Base, Idaho.
Sec. 2843. Lease of real property to the United States Naval Academy 
           Alumni Association and Naval Academy Foundation at United 
           States Naval Academy, Annapolis, Maryland.
Sec. 2844. Land Conveyance, Natick Soldier Systems Center, 
           Massachusetts.
Sec. 2845. Land exchange, Naval Air Station Corpus Christi, Texas.
Sec. 2846. Imposition of additional conditions on future use of Castner 
           Range, Fort Bliss, Texas.
Sec. 2847. Land conveyance, former missile alert facility known as 
           Quebec-01, Laramie County, Wyoming.

         Subtitle F--Military Memorials, Monuments, and Museums

Sec. 2861. Recognition of the National Museum of World War II Aviation.

[[Page 131 STAT. 1303]]

Sec. 2862. Principal office of Aviation Hall of Fame.
Sec. 2863. Establishment of a visitor services facility on the Arlington 
           Ridge tract.
Sec. 2864. Modification of prohibition on transfer of veterans memorial 
           objects to foreign governments without specific authorization 
           in law.

                        Subtitle G--Other Matters

Sec. 2871. Authority of the Secretary of the Air Force to accept lessee 
           improvements at Air Force Plant 42.
Sec. 2872. Modification of Department of Defense guidance on use of 
           airfield pavement markings.
Sec. 2873. Authority of Chief Operating Officer of Armed Forces 
           Retirement Home to acquire and lease property.
Sec. 2874. Restrictions on rehabilitation of Over-the-Horizon 
           Backscatter Radar Station.
Sec. 2875. Permitting machine room-less elevators in Department of 
           Defense facilities.
Sec. 2876. Disclosure of beneficial ownership by foreign persons of high 
           security space leased by the Department of Defense.
Sec. 2877. Joint use of Dobbins Air Reserve Base, Marietta, Georgia, 
           with civil aviation.
Sec. 2878. Report on hurricane damage to Department of Defense assets.
Sec. 2879. Special rules for certain projects.
Sec. 2880. Energy security for military installations in Europe.

    TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION

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 
           project.
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.

 DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND 
                          OTHER AUTHORIZATIONS

       TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

        Subtitle A--National Security Programs and Authorizations

Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Nuclear energy.

    Subtitle B--Program Authorizations, Restrictions, and Limitations

Sec. 3111. Nuclear security enterprise infrastructure modernization 
           initiative.
Sec. 3112. Incorporation of integrated surety architecture in 
           transportation.
Sec. 3113. Cost estimates for life extension program and major 
           alteration projects.
Sec. 3114. Improved information relating to certain defense nuclear 
           nonproliferation programs.
Sec. 3115. Research and development of advanced naval reactor fuel based 
           on low-enriched uranium.
Sec. 3116. National Nuclear Security Administration pay and performance 
           system.
Sec. 3117. Budget requests and certification regarding nuclear weapons 
           dismantlement.
Sec. 3118. Nuclear warhead design competition.
Sec. 3119. Modification of minor construction threshold for plant 
           projects.
Sec. 3120. Extension of authorization of Advisory Board on Toxic 
           Substances and Worker Health.
Sec. 3121. Use of funds for construction and project support activities 
           relating to MOX facility.
Sec. 3122. Prohibition on availability of funds for programs in Russian 
           Federation.

                      Subtitle C--Plans and Reports

Sec. 3131. Annual Selected Acquisition Reports on certain hardware 
           relating to defense nuclear nonproliferation.
Sec. 3132. Annual reports on unfunded priorities of National Nuclear 
           Security Administration.
Sec. 3133. Modification of certain reporting requirements.
Sec. 3134. Modification to stockpile stewardship, management, and 
           responsiveness plan.

[[Page 131 STAT. 1304]]

Sec. 3135. Assessment and development of prototype nuclear weapons of 
           foreign countries.
Sec. 3136. Plan for verification, detection, and monitoring of nuclear 
           weapons and fissile material.
Sec. 3137. Review of United States nuclear and radiological terrorism 
           prevention strategy.
Sec. 3138. Assessment of management and operating contracts of national 
           security laboratories.
Sec. 3139. Evaluation of classification of certain defense nuclear 
           waste.
Sec. 3140. Improved reporting for anti-smuggling radiation detection 
           systems.
Sec. 3141. Plutonium capabilities.
Sec. 3142. Report on critical decision 1 on Material Staging Facility 
           project.
Sec. 3143. Plan to further minimize the use of highly enriched uranium 
           for medical isotopes.

                        Subtitle D--Other Matters

Sec. 3151. Sense of Congress regarding compensation of individuals 
           relating to uranium mining and nuclear testing.

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

                  TITLE XXXIV--NAVAL PETROLEUM RESERVES

Sec. 3401. Authorization of appropriations.

                      TITLE XXXV--MARITIME MATTERS

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. 3508. Foreign spill protection.
Sec. 3509. Removal of adjunct professor limit at United States Merchant 
           Marine Academy.
Sec. 3510. Acceptance of guarantees in conjunction with partial 
           donations for major projects of the United States Merchant 
           Marine Academy.
Sec. 3511. Authority to pay conveyance or transfer expenses in 
           connection with acceptance of a gift to the United States 
           Merchant Marine Academy.
Sec. 3512. Authority to participate in Federal, State or other research 
           grants.
Sec. 3513. Provision of satellite communication devices during Sea Year 
           program.
Sec. 3514. Actions to address sexual harassment, dating violence, 
           domestic violence, sexual assault, and stalking at the United 
           States Merchant Marine Academy.
Sec. 3515. Sexual assault prevention and response staff for the United 
           States Merchant Marine Academy.
Sec. 3516. Protection of cadets at the United States Merchant Marine 
           Academy from sexual assault onboard commercial vessels.
Sec. 3517. Training requirement for sexual assault investigators.

                       DIVISION D--FUNDING TABLES

Sec. 4001. Authorization of amounts in funding tables.

                         TITLE XLI--PROCUREMENT

Sec. 4101. Procurement.
Sec. 4102. Procurement for overseas contingency operations.

         TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Sec. 4201. Research, development, test, and evaluation.
Sec. 4202. Research, development, test, and evaluation for overseas 
           contingency operations.

                 TITLE XLIII--OPERATION AND MAINTENANCE

Sec. 4301. Operation and maintenance.
Sec. 4302. Operation and maintenance for overseas contingency 
           operations.

                     TITLE XLIV--MILITARY PERSONNEL

Sec. 4401. Military personnel.

[[Page 131 STAT. 1305]]

Sec. 4402. Military personnel for overseas contingency operations.

                     TITLE XLV--OTHER AUTHORIZATIONS

Sec. 4501. Other authorizations.
Sec. 4502. Other authorizations for overseas contingency operations.

                    TITLE XLVI--MILITARY CONSTRUCTION

Sec. 4601. Military construction.
Sec. 4602. Military construction for overseas contingency operations.

      TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Sec. 4701. Department of Energy national security programs.

SEC. 3. <<NOTE: 10 USC 101 note.>>  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. 4. BUDGETARY EFFECTS OF THIS ACT.

    The budgetary effects of this Act, for the purposes of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, jointly submitted for printing in the 
Congressional Record by the Chairmen of the House and Senate Budget 
Committees, provided that such statement has been submitted prior to the 
vote on passage in the House acting first on the conference report or 
amendment between the Houses.

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

               Subtitle A--Authorization Of Appropriations

Sec. 101. Authorization of appropriations.

                        Subtitle B--Army Programs

Sec. 111. Authority to expedite procurement of 7.62mm rifles.
Sec. 112. Limitation on availability of funds for Increment 2 of the 
           Warfighter Information Network-Tactical program.
Sec. 113. Limitation on availability of funds for upgrade of M113 
           vehicles.

                        Subtitle C--Navy Programs

Sec. 121. Aircraft carriers.
Sec. 122. Icebreaker vessel.
Sec. 123. Multiyear procurement authority for Arleigh Burke class 
           destroyers.
Sec. 124. Multiyear procurement authority for Virginia class submarine 
           program.
Sec. 125. Design and construction of the lead ship of the amphibious 
           ship replacement designated LX(R) or amphibious transport 
           dock designated LPD-30.
Sec. 126. Multiyear procurement authority for V-22 Osprey aircraft.
Sec. 127. Extension of limitation on use of sole-source shipbuilding 
           contracts for certain vessels.
Sec. 128. Limitation on availability of funds for the enhanced multi-
           mission parachute system.
Sec. 129. Report on Navy capacity to increase production of certain 
           rotary wing aircraft.

                     Subtitle D--Air Force Programs

Sec. 131. Inventory requirement for Air Force fighter aircraft.
Sec. 132. Prohibition on availability of funds for retirement of E-8 
           JSTARS aircraft.
Sec. 133. Requirement for continuation of JSTARS aircraft 
           recapitalization program.

[[Page 131 STAT. 1306]]

Sec. 134. Limitation on selection of single contractor for C-130H 
           avionics modernization program increment 2.
Sec. 135. Limitation on availability of funds for EC-130H Compass Call 
           recapitalization program.
Sec. 136. Limitation on retirement of U-2 and RQ-4 aircraft.
Sec. 137. Cost-benefit analysis of upgrades to MQ-9 Reaper aircraft.
Sec. 138. Plan for modernization of the radar for F-16 fighter aircraft 
           of the National Guard.
Sec. 139. Comptroller General review of Air Force fielding plan for HH-
           60 replacement programs.

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

Sec. 141. F-35 economic order quantity contracting authority.
Sec. 142. Authority for explosive ordnance disposal units to acquire new 
           or emerging technologies and capabilities.
Sec. 143.  Requirement that certain aircraft and unmanned aerial 
           vehicles use specified standard data link.
Sec. 144. Reinstatement of requirement to preserve certain C-5 aircraft; 
           mobility capability and requirements study.

               Subtitle A--Authorization Of Appropriations

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.

                        Subtitle B--Army Programs

SEC. 111. AUTHORITY TO EXPEDITE PROCUREMENT OF 7.62MM RIFLES.

    (a) 7.62mm Rifles.--
            (1) Procurement authority.--The Secretary of the Army is 
        authorized to expedite the procurement of a commercially 
        available off-the-shelf item or nondevelopmental item for a 
        7.62mm rifle capability in accordance with this section.
            (2) Limitation.--The Secretary of the Army may use the 
        authority under paragraph (1) to procure only the following:
                    (A) Not more than 7,000 7.62mm rifles.
                    (B) Equipment and ammunition associated with such 
                rifles.
            (3) Contracting procedures.--
                    (A) Full and open competition.--In awarding 
                contracts under paragraph (1), the Secretary of the Army 
                shall use full and open competition to the extent 
                practicable.
                    (B) Procedures other than full and open 
                competition.--The Secretary of the Army may not award a 
                contract under paragraph (1) using procedures other than 
                full and open competition until a period of 10 days has 
                elapsed following the date on which the Secretary 
                submits to the congressional committees the report 
                described in subparagraph (C).
                    (C) Report.--The report described in this 
                subparagraph is a report of the Secretary of the Army 
                that includes--

[[Page 131 STAT. 1307]]

                          (i) a detailed justification for limiting full 
                      and open competition for the procurement 
                      authorized under paragraph (1);
                          (ii) a description of the objectives, costs, 
                      and timelines associated with the procurement; and
                          (iii) an assessment of the projected impact of 
                      the procurement on any related programs in terms 
                      of cost, schedule, and the use of full and open 
                      competition in such programs.

    (b) Related Programs.--
            (1) In general.--The Secretary of the Army is authorized to 
        use funds made available to carry out subsection (a)--
                    (A) to accelerate by two years the squad designated 
                marksman rifle program of the Army;
                    (B) to accelerate by two years the advanced armor 
                piercing ammunition program of the Army; and
                    (C) subject to paragraph (2), to accelerate the next 
                generation squad weapon program of the Army.
            (2) Full and open competition.--Any contract awarded under 
        the next generation squad weapon program of the Army shall be 
        awarded using full and open competition.

    (c) 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. 112. LIMITATION ON AVAILABILITY OF FUNDS FOR INCREMENT 2 OF 
                        THE WARFIGHTER INFORMATION NETWORK-
                        TACTICAL PROGRAM.

    (a) Limitation.--Of the funds authorized to be appropriated by this 
Act or otherwise made available for the Department of Defense for fiscal 
year 2018 for Increment 2 of the Warfighter Information Network-Tactical 
program of the Army (referred to in this section as ``WIN-T Increment 
2'') not more than 50 percent may be used to enter into, or to prepare 
to enter into, a contract for the procurement of equipment under the 
program until the date on which the Secretary of the Army submits the 
report under subsection (b).
    (b) Report.--Not later than January 31, 2018, the Secretary of the 
Army, in consultation with the Chief of Staff of the Army, shall submit 
to the congressional defense committees a report on the strategy of the 
Army for modernizing air-land ad-hoc, mobile tactical communications and 
data networks.
    (c) Elements.--The report under subsection (b) shall include the 
following:
            (1) A description of the strategy of the Army for 
        modernizing air-land ad-hoc, mobile tactical communications and 
        data networks.
            (2) The justification, rationale, and decision points for 
        the strategy, including how network requirements are being 
        redefined.
            (3) How the Army intends to implement the recommendations 
        accepted by the Secretary of the Army related to air-land ad-
        hoc, mobile tactical communications and data networks provided 
        by the Director of Cost Assessment and Program Evaluation 
        pursuant to section 237 of the National Defense

[[Page 131 STAT. 1308]]

        Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 
        Stat. 781).
            (4) How the Army will address the vulnerabilities identified 
        by the report of the Director of Cost Assessment and Program 
        Evaluation on the mobile, ad-hoc network against a modern peer 
        adversary capable of cyber and electronic warfare detection and 
        intrusion.
            (5) A timeline and decision points for upgrading fielded 
        WIN-T Increment 1B systems.
            (6) A list of planned upgrades for components of WIN-T 
        Increment 2 designed to improve program capabilities, including 
        size, weight, and complexity, including the impact of these 
        improvements on the cost of the program, as well as fielding 
        schedules for Army Brigade Combat Teams.
            (7) How the strategy will reduce Army reliance on satellite 
        communications, including procurement and test strategies for 
        more resilient and secure mid-tier line of sight capability.
            (8) How the strategy will address identified joint 
        interoperability capability gaps, specifically for units known 
        as ``fight tonight'' units, including procurement and test plans 
        for identified solutions.
            (9) Decision points associated with the near term 
        modernization strategy for mitigating operational capability 
        gaps for such ``fight tonight'' units.
            (10) The decision points and timelines associated with the 
        fielding of modernized mobile tactical network communications to 
        the reserve components of the Army.
            (11) The planned funding and program realignments required 
        for fiscal year 2018 and across the future years defense program 
        that will be required to support the new strategy.
            (12) Identification of the changes in acquisition policy as 
        well as operational requirements being implemented to deliver an 
        effective, suitable, and survivable network to the warfighter.
            (13) Identification of the changes in leadership and 
        governance that will be associated with the new strategy.

    (d) Form of Report.--The report required by section (b) shall be 
submitted in unclassified form, but may include a classified annex.
SEC. 113. LIMITATION ON AVAILABILITY OF FUNDS FOR UPGRADE OF M113 
                        VEHICLES.

    (a) Limitation.--Of the funds authorized to be appropriated by this 
Act or otherwise made available for fiscal year 2018 for the upgrade of 
M113 vehicles of the Army, not more than 50 percent may be obligated or 
expended until the date on which Secretary of the Army submits to the 
congressional defense committees the report described in subsection (b).
    (b) Report.--The report described in this subsection is a report 
setting forth the strategy of the Army for the upgrade of M113 vehicles 
that includes the following:
            (1) A detailed strategy for upgrading and fielding M113 
        vehicles.
            (2) An analysis of the manner in which the Army plans to 
        address M113 vehicle survivability and maneuverability concerns.

[[Page 131 STAT. 1309]]

            (3) An analysis of the historical costs associated with 
        upgrading M113 vehicles, and a validation of current cost 
        estimates for upgrading such vehicles.
            (4) A comparison of--
                    (A) the total procurement and life cycle costs of 
                adding an echelon above brigade requirement to the Army 
                Multi-Purpose Vehicle; and
                    (B) the total procurement and life cycle costs of 
                upgrading legacy M113 vehicles.
            (5) An analysis of the possibility of further accelerating 
        Army Multi-Purpose Vehicle production or modifying the fielding 
        strategy for the Army Multi-Purpose Vehicle to meet near-term 
        echelon above brigade requirements.

                        Subtitle C--Navy Programs

SEC. 121. AIRCRAFT CARRIERS.

    (a) Modification of Cost Limitation Baseline for CVN-78 Class 
Aircraft Carrier Program.--Section 122 of the John Warner National 
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 
Stat. 2105), as most recently amended by section 122 of the National 
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 
Stat. 749), is amended--
            (1) in subsection (a), by striking paragraph (2) and 
        inserting the following:
            ``(2) Carrier designated as cvn-79.--The total amount 
        obligated from funds appropriated or otherwise made available 
        for Shipbuilding and Conversion, Navy, or for any other 
        procurement account, for the aircraft carrier designated as CVN-
        79 may not exceed $11,398,000,000 (as adjusted pursuant to 
        subsection (b)).
            ``(3) Follow-on ships.--The total amount obligated from 
        funds appropriated or otherwise made available for Shipbuilding 
        and Conversion, Navy, or for any other procurement account, for 
        any ship that is constructed in the CVN-78 class of aircraft 
        carriers after the aircraft carrier designated as CVN-79 may not 
        exceed $12,568,000,000 (as adjusted pursuant to subsection 
        (b)).'';
            (2) in subsection (b), by amending paragraph (1) to read as 
        follows:
            ``(1) The amounts of increases or decreases in costs 
        attributable to economic inflation--
                    ``(A) after September 30, 2013, in the case of the 
                aircraft carrier designated as CVN-79; and
                    ``(B) after September 30, 2017, in the case of any 
                ship that is constructed in the CVN-78 class of aircraft 
                carriers after the aircraft carrier designated as CVN-
                79.''; and
            (3) by adding at the end the following:

    ``(g) Exclusion of Battle and Interim Spares From Cost Limitation.--
The Secretary of the Navy shall exclude from the determination of the 
amounts set forth in paragraphs (2) and (3) of subsection (a), the costs 
of the following items:
            ``(1) CVN-78 class battle spares.
            ``(2) Interim spares.''.

    (b) Waiver on Limitation of Availability of Funds for CVN-79.--The 
Secretary of Defense may waive subsections (a) and

[[Page 131 STAT. 1310]]

(b) of section 128 of the National Defense Authorization Act for Fiscal 
Year 2016 (Public Law 114-92; 129 Stat. 751) after a period of 60 days 
has elapsed following the date on which the Secretary submits to the 
congressional defense committees a written notification of the intent of 
the Secretary to issue such a waiver. The Secretary shall include in any 
such notification the following:
            (1) The rationale of the Secretary for issuing the waiver.
            (2) The revised test and evaluation master plan that 
        describes when full ship shock trials will be held on Ford-class 
        aircraft carriers.
            (3) A certification that the Secretary has analyzed and 
        accepted the operational risk of the U.S.S. Gerald R. Ford 
        deploying without having conducted full ship shock trials, and 
        that the Secretary has not delegated the decision to issue such 
        waiver.
SEC. 122. ICEBREAKER VESSEL.

    (a) Authority to Procure One Polar-class Heavy Icebreaker.--
            (1) In general.--There is authorized to be procured for the 
        Coast Guard one polar-class heavy icebreaker vessel.
            (2) Condition for out-year contract payments.--A contract 
        entered into under paragraph (1) shall provide that any 
        obligation of the United States to make a payment under the 
        contract for a fiscal year after fiscal year 2018 is subject to 
        the availability of appropriations or funds for that purpose for 
        such later fiscal year.

    (b) Limitation on Availability of Funds for Procurement of 
Icebreaker Vessels.--None of the funds authorized to be appropriated by 
this Act or otherwise made available for the Department of Defense for 
any fiscal year that are unobligated as of the date of the enactment of 
this Act may be obligated or expended for the procurement of an 
icebreaker vessel other than the one polar-class heavy icebreaker vessel 
authorized to be procured under subsection (a)(1).
    (c) Contracting Authority.--
            (1) Coast guard.--If funds are appropriated to the 
        department in which the Coast Guard is operating to carry out 
        subsection (a)(1), the head of contracting activity for the 
        Coast Guard shall be responsible for contracting actions carried 
        out using such funds.
            (2) Navy.--If funds are appropriated to the Department of 
        Defense to carry out subsection (a)(1), the head of contracting 
        activity for the Navy, Naval Sea Systems Command shall be 
        responsible for contracting actions carried out using such 
        funds.
            (3) Interagency acquisition.--Notwithstanding paragraphs (1) 
        and (2), the head of contracting activity for the Coast Guard or 
        head of contracting activity for the Navy, Naval Sea Systems 
        Command (as the case may be) may authorize interagency 
        acquisitions that are within the authority of such head of 
        contracting activity.

    (d) Comptroller General Report.--
            (1) In general.--Not later than March 1, 2018, the 
        Comptroller General of the United States shall submit to the 
        congressional defense committees, the Committee on Commerce, 
        Science, and Transportation of the Senate, and the Committee

[[Page 131 STAT. 1311]]

        on Transportation and Infrastructure of the House of 
        Representatives a report assessing the cost of, and schedule 
        for, the procurement of new icebreaker vessels for the Federal 
        Government.
            (2) Elements.--The report under paragraph (1) shall include 
        an analysis of the following:
                    (A) The status of the efforts of the Coast Guard to 
                acquire new icebreaking capability, including an 
                explanation of how such efforts are coordinated through 
                the integrated program office.
                    (B) Actions taken by the Coast Guard to incorporate 
                key practices of other countries with respect to the 
                procurement of icebreaker vessels to increase the Coast 
                Guard's knowledge of, and to reduce the costs and risks 
                of, procuring such vessels.
                    (C) The extent to which the cost and schedule for 
                the construction of Coast Guard icebreakers differs from 
                such cost and schedule in other countries.
                    (D) The extent to which innovative acquisition 
                practices (such as multiyear funding and block buys) may 
                be applied to the procurement of icebreaker vessels to 
                reduce the costs and accelerate the schedule of such 
                procurement.
                    (E) A capacity replacement plan to mitigate a 
                potential icebreaker capability gap if the Polar Star 
                cannot remain in service.
                    (F) Any other matters the Comptroller General 
                considers appropriate.
SEC. 123. MULTIYEAR PROCUREMENT AUTHORITY FOR ARLEIGH BURKE CLASS 
                        DESTROYERS.

    (a) Authority for Multiyear Procurement.--Subject to section 2306b 
of title 10, United States Code, the Secretary of the Navy may enter 
into one or more multiyear contracts for the procurement of up to 15 
Arleigh Burke class Flight III guided missile destroyers.
    (b) Authority for Advance Procurement.--The Secretary of the Navy 
may enter into one or more contracts, beginning in fiscal year 2018, for 
advance procurement associated with the destroyers for which 
authorization to enter into a multiyear procurement contract is provided 
under subsection (a), and for systems and subsystems associated with 
such destroyers in economic order quantities when cost savings are 
achievable.
    (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.
    (d) Limitation.--The Secretary of the Navy may not modify a contract 
entered into under subsection (a) if the modification would increase the 
target price of the destroyer by more than 10 percent above the target 
price specified in the original contract awarded for the destroyer under 
subsection (a).
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

[[Page 131 STAT. 1312]]

Navy may enter into one or more multiyear contracts for the procurement 
of not more than 13 Virginia class submarines.
    (b) Limitation.--The Secretary of the Navy may not modify a contract 
entered into under subsection (a) if the modification would increase the 
target price of the submarine by more than 10 percent above the target 
price specified in the original contract awarded for the submarine under 
subsection (a).
    (c) Authority for Advance Procurement.--The Secretary of the Navy 
may enter into one or more contracts, beginning in fiscal year 2018, for 
advance procurement associated with the Virginia class submarines for 
which authorization to enter into a multiyear procurement contract is 
provided under subsection (a) and for equipment or subsystems associated 
with the Virginia class submarine program, including procurement of--
            (1) long lead time material; or
            (2) material or equipment in economic order quantities when 
        cost savings are achievable.

    (d) Condition for Out-year Contract Payments.--A contract entered 
into under subsection (a) shall provide that any obligation of the 
United States to make a payment under the contract for a fiscal year 
after fiscal year 2019 is subject to the availability of appropriations 
or funds for that purpose for such later fiscal year.
    (e) Limitation on Termination Liability.--A contract for the 
construction of Virginia class submarines entered into under subsection 
(a) shall include a clause that limits the liability of the United 
States to the contractor for any termination of the contract. The 
maximum liability of the United States under the clause shall be the 
amount appropriated for the submarines covered by the contract 
regardless of the amount obligated under the contract.
    (f) Virginia Class Submarine Defined.--The term ``Virginia class 
submarine'' means a block V configured Virginia class submarine.
SEC. 125. DESIGN AND CONSTRUCTION OF THE LEAD SHIP OF THE 
                        AMPHIBIOUS SHIP REPLACEMENT DESIGNATED 
                        LX(R) OR AMPHIBIOUS TRANSPORT DOCK 
                        DESIGNATED LPD-30.

    (a) In General.--Using funds authorized to be appropriated for the 
Department of Defense for Shipbuilding and Conversion, Navy, the 
Secretary of the Navy may enter into a contract, beginning with the 
fiscal year 2018 program year, for the design and construction of--
            (1) the lead ship of the amphibious ship replacement class 
        designated LX(R); or
            (2) the amphibious transport dock designated LPD-30.

    (b) Use of Incremental Funding.--With respect to the contract 
entered into under subsection (a), the Secretary may use incremental 
funding to make payments under the contract.
    (c) Condition for Out-year Contract Payments.--The contract entered 
into under subsection (a) shall provide that any obligation of the 
United States to make a payment under such contract for any fiscal year 
after fiscal year 2018 is subject to the availability of appropriations 
for that purpose for such later fiscal year.
SEC. 126. 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

[[Page 131 STAT. 1313]]

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. 127. EXTENSION OF LIMITATION ON USE OF SOLE-SOURCE 
                        SHIPBUILDING CONTRACTS FOR CERTAIN 
                        VESSELS.

    Section 124 of the National Defense Authorization Act for Fiscal 
Year 2017 (Public Law 114-328) is amended by striking ``2017'' and 
inserting ``2017 or fiscal year 2018''.
SEC. 128. LIMITATION ON AVAILABILITY OF FUNDS FOR THE ENHANCED 
                        MULTI-MISSION PARACHUTE SYSTEM.

    (a) Limitation.--Of the funds authorized to be appropriated by this 
Act or otherwise made available for the Department of Defense for fiscal 
year 2018 for the enhanced multi-mission parachute system, not more than 
80 percent may be used to enter into, or to prepare to enter into, a 
contract for the procurement of such parachute system until the date on 
which the Secretary of the Navy submits to the congressional defense 
committees the certification under subsection (b) and the report under 
subsection (c).
    (b) Certification.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of the Navy shall submit to the 
congressional defense committees a certification that states--
            (1) whether the multi-mission parachute system fielded by 
        the Marine Corps meets Marine Corps requirements;
            (2) whether the RA-1 parachute system of the Army meets 
        Marine Corps requirements;
            (3) whether the PARIS, Special Application Parachute of the 
        Marine Corps meets Marine Corps requirements;
            (4) whether the testing plan for the enhanced multi-mission 
        parachute system meets all applicable regulatory requirements; 
        and
            (5) whether the Department of the Navy has determined that a 
        high glide canopy parachute system is as safe and effective as 
        the fielded free fall parachute systems.

    (c) Report.--Not later than 90 days after the date of the enactment 
of this Act, the Secretary of the Navy shall submit to the congressional 
defense committees a report that includes--
            (1) an explanation for using the Parachute Industry 
        Association specification for a military parachute given that 
        sports parachutes are deployed from relatively slow flying 
        civilian aircraft at altitudes below 10,000 feet;

[[Page 131 STAT. 1314]]

            (2) a cost estimate for any new equipment and training that 
        the Marine Corps will require in order to use a high glide 
        parachute;
            (3) justification for why the Department of the Navy is not 
        conducting any testing of parachutes until first article 
        testing; and
            (4) an assessment of the risks associated with high glide 
        canopy parachutes with a focus on how the Department of the Navy 
        will mitigate the risk of malfunctions experienced in other high 
        glide canopy parachute programs.
SEC. 129. REPORT ON NAVY CAPACITY TO INCREASE PRODUCTION OF 
                        CERTAIN ROTARY WING AIRCRAFT.

    (a) Report.--Not later than March 30, 2018, the Secretary of the 
Navy shall submit to the congressional defense committees a report that 
describes and assesses the capacity of the Navy to increase production 
of the aircraft described in subsection (b), taking into account an 
increase in the size of the surface fleet of the Navy to 355 ships.
    (b) Aircraft Described.--The aircraft described in this subsection 
are the following:
            (1) Anti-submarine warfare rotary wing aircraft.
            (2) Search and rescue rotary wing aircraft.

                     Subtitle D--Air Force Programs

SEC. 131. INVENTORY REQUIREMENT FOR AIR FORCE FIGHTER AIRCRAFT.

    (a) Inventory Requirement.--Section 8062 of title 10, United States 
Code, is amended by adding at the end the following new subsection:
    ``(i)(1) During the period beginning on October 1, 2017, and ending 
on October 1, 2022, the Secretary of the Air Force shall maintain a 
total aircraft inventory of fighter aircraft of not less than 1,970 
aircraft, and a total primary mission aircraft inventory (combat-coded) 
of not less than 1,145 fighter aircraft.
    ``(2) In this subsection:
            ``(A) The term `fighter aircraft' means an aircraft that--
                    ``(i) is designated by a mission design series 
                prefix of F- or A-;
                    ``(ii) is manned by one or two crewmembers; and
                    ``(iii) executes single-role or multi-role missions, 
                including air-to-air combat, air-to-ground attack, air 
                interdiction, suppression or destruction of enemy air 
                defenses, close air support, strike control and 
                reconnaissance, combat search and rescue support, or 
                airborne forward air control.
            ``(B) The term `primary mission aircraft inventory' means 
        aircraft assigned to meet the primary aircraft authorization to 
        a unit for the performance of its wartime mission.''.

    (b) <<NOTE: 10 USC 8062 note.>>  Limitation on Retirement of Air 
Force Fighter Aircraft.--
            (1) Limitation.--Except as provided in subsection (c), 
        during the period beginning on October 1, 2017, and ending on 
        October 1, 2022, the Secretary of the Air Force may not proceed 
        with a decision to retire fighter aircraft in any number that 
        would reduce the total number of such aircraft in the

[[Page 131 STAT. 1315]]

        Air Force total active inventory below 1,970, and shall maintain 
        a minimum of 1,145 fighter aircraft designated as primary 
        mission aircraft inventory.
            (2) Additional limitations on retirement of fighter 
        aircraft.--Except as provided in subsection (c), during the 
        period beginning on October 1, 2017, and ending on October 1, 
        2022, the Secretary of the Air Force may not retire fighter 
        aircraft from the total active inventory as of the date of the 
        enactment of this Act until the later of the following:
                    (A) The date that is 30 days after the date on which 
                the Secretary submits the report required under 
                paragraph (3).
                    (B) The date that is 30 days after the date on which 
                the Secretary certifies to the congressional defense 
                committees that--
                          (i) the retirement of such fighter aircraft 
                      will not increase the operational risk of meeting 
                      the National Defense Strategy; and
                          (ii) the retirement of such aircraft will not 
                      reduce the total fighter force structure below 
                      1,970 fighter aircraft or the primary mission 
                      aircraft inventory below 1,145.
            (3) Report on retirement of aircraft.--The Secretary of the 
        Air Force shall submit to the congressional defense committees a 
        report setting forth the following:
                    (A) The rationale for the retirement of existing 
                fighter aircraft and an operational analysis of the 
                portfolio of capabilities of the Air Force that 
                demonstrates performance of the designated mission at an 
                equal or greater level of effectiveness as the retiring 
                aircraft.
                    (B) An assessment of the implications for the Air 
                Force, the Air National Guard, and the Air Force Reserve 
                of the force mix ratio of fighter aircraft.
                    (C) Such other matters relating to the retirement of 
                fighter aircraft as the Secretary considers appropriate.

    (c) Exception for Certain Aircraft.--The requirement of subsection 
(b) does not apply to individual fighter aircraft that the Secretary of 
the Air Force determines, on a case-by-case basis, to be non-operational 
because of mishaps, other damage, or being uneconomical to repair.
    (d) Fighter Aircraft Defined.--In this section, the term ``fighter 
aircraft'' has the meaning given the term in subsection (i)(2)(A) of 
section 8062 of title 10, United States Code, as added by subsection (a) 
of this section.
SEC. 132. PROHIBITION ON AVAILABILITY OF FUNDS FOR RETIREMENT OF 
                        E-8 JSTARS AIRCRAFT.

    (a) Prohibition on Availability of Funds for Retirement.--Except as 
provided by subsection (b), none of the funds authorized to be 
appropriated by this Act or otherwise made available for fiscal year 
2018 for the Air Force may be obligated or expended to retire, or 
prepare to retire, any E-8 Joint Surveillance Target Attack Radar System 
aircraft.
    (b) Exception.--The prohibition in subsection (a) shall not apply to 
individual E-8 Joint Surveillance Target Attack Radar System aircraft 
that the Secretary of the Air Force determines,

[[Page 131 STAT. 1316]]

on a case-by-case basis, to be non-operational because of mishaps, other 
damage, or being uneconomical to repair.
SEC. 133. REQUIREMENT FOR CONTINUATION OF JSTARS AIRCRAFT 
                        RECAPITALIZATION PROGRAM.

    (a) In General.--If the budget request submitted to Congress for any 
fiscal year includes a request by the Secretary of the Air Force to 
cancel or modify the JSTARS aircraft recapitalization program, the 
Secretary of Defense shall submit, as part of such budget request, the 
report described in subsection (b).
    (b) Report.--The report described in this subsection, is a report 
that includes the following:
            (1) The assumptions, rationale, and all analysis supporting 
        the proposed cancellation or modification of the JSTARS aircraft 
        recapitalization program.
            (2) An assessment of the implications of such cancellation 
        or modification for meeting the mission requirements for air 
        battle management and moving target indicator intelligence 
        discipline of the Air Force, the Air National Guard, the Army, 
        the Army National Guard, the Navy and Marine Corps, and the 
        combatant commands.
            (3) A certification that the plan for the cancellation or 
        modification of the recapitalization program would not result in 
        an increased time during which there is a capability or capacity 
        gap in providing battlefield management, command and control and 
        intelligence, surveillance, and reconnaissance capabilities to 
        the combatant commanders.
            (4) Such other matters relating to the proposed cancellation 
        or modification as the Secretary considers appropriate.

    (c) Form of Report.--The report under subsection (b) shall be 
submitted in unclassified form, but may include a classified annex.
    (d) Definitions.--In this section:
            (1) The term ``budget request'' means the budget materials 
        submitted by the Secretary of Defense in support of the budget 
        of the President for a fiscal year (submitted to Congress 
        pursuant to section 1105 of title 31, United States Code).
            (2) The term ``JSTARS aircraft recapitalization program'' 
        means the recapitalization program for the E-8C Joint 
        Surveillance Target Attack Radar System aircraft as such program 
        is proposed to be carried out in the budget request submitted to 
        Congress for fiscal year 2018.
SEC. 134. 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.

[[Page 131 STAT. 1317]]

    (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. 135. 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 
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. 136. LIMITATION ON RETIREMENT OF U-2 AND RQ-4 AIRCRAFT.

    (a) Limitation.--The Secretary of the Air Force may take no action 
that would prevent the Air Force from maintaining the fleets of U-2 
aircraft or RQ-4 aircraft in their current, or improved, configurations 
and capabilities until--
            (1) the Under Secretary of Defense for Acquisition, 
        Technology, and Logistics certifies in writing to the 
        appropriate committees of Congress that--
                    (A) in the case of the RQ-4 aircraft, the validated 
                operating and sustainment costs of the capability 
                developed to replace the RQ-4 aircraft are less than the 
                validated operating and sustainment costs for the RQ-4 
                aircraft on a comparable flight-hour cost basis; or
                    (B) in the case of the U-2 aircraft, the validated 
                operating and sustainment costs of the capability 
                developed to replace the U-2 aircraft are less than the 
                validated operating and sustainment costs for the U-2 
                aircraft on a comparable flight-hour cost basis; and
            (2) the Chairman of the Joint Requirements Oversight Council 
        certifies in writing to the appropriate committees of Congress 
        that the capability to be fielded at the same time or before the 
        retirement of the U-2 aircraft or RQ-4 aircraft (as the case may 
        be) would result in equal or greater capability available to the 
        commanders of the combatant commands and would not result in 
        less capacity available to the commanders of the combatant 
        commands.

    (b) Waiver.--The Secretary of Defense may waive the certification 
requirement under subsection (a)(1) with respect to U-2 aircraft or RQ-4 
aircraft if the Secretary--
            (1) determines, after analyzing sufficient and relevant 
        data, that a greater capability is worth increased operating and 
        sustainment costs; and
            (2) provides to the appropriate committees of Congress a 
        certification of such determination and supporting analysis.

[[Page 131 STAT. 1318]]

    (c) Appropriate Committees of Congress Defined.--In this section, 
the term ``appropriate committees of Congress'' means--
            (1) the Committee on Armed Services, the Committee on 
        Appropriations, and the Select Committee on Intelligence of the 
        Senate; and
            (2) the Committee on Armed Services, the Committee on 
        Appropriations, and the Permanent Select Committee on 
        Intelligence of the House of Representatives.

    (d) Repeal.--Section 133 of the National Defense Authorization Act 
for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1321) is repealed.
SEC. 137. 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. 138. PLAN FOR MODERNIZATION OF THE RADAR FOR F-16 FIGHTER 
                        AIRCRAFT OF THE NATIONAL GUARD.

    (a) Modernization Plan Required.--The Secretary of the Air Force 
shall develop a plan to modernize the radars of F-16 fighter aircraft of 
the National Guard by replacing legacy mechanically-scanned radars for 
such aircraft with active electronically scanned array radars.
    (b) Report.--Not later 180 days after the date of the enactment of 
this Act, the Secretary of the Air Force shall submit to the 
congressional defense committees the plan developed under subsection 
(a).
SEC. 139. COMPTROLLER GENERAL REVIEW OF AIR FORCE FIELDING PLAN 
                        FOR HH-60 REPLACEMENT PROGRAMS.

    (a) Comptroller General Review.--The Comptroller General of the 
United States shall conduct a review of the Air Force fielding plan for 
the HH-60 replacement programs.
    (b) Elements.--The review conducted under subsection (a) shall 
include, with respect to the HH-60 replacement programs, the following:
            (1) A description of the recommendations of the National 
        Commission on the Structure of the Air Force regarding the use 
        of concurrent and proportional fielding and how the Air Force 
        applied the recommendations in the fielding plan for the HH-60G 
        replacement programs.

[[Page 131 STAT. 1319]]

            (2) An evaluation of the fielding plan, including an 
        assessment of the Air Force rationale for the plan, as well as 
        the alternative fielding plans considered by the Air Force.
            (3) An evaluation of the potential readiness impact of the 
        fielding plan on active duty, National Guard, and Reserve units, 
        including the impact of the plan on the ability of such units to 
        meet training, maintenance, and deployment requirements, as well 
        as the implications for total force integration initiatives 
        should the fielding not be proportional.

    (c) Briefing.--Not later than March 1, 2018, the Comptroller General 
shall provide a briefing to the congressional defense committees on the 
review conducted under subsection (a).
    (d) Final Report.--Not later than June 30, 2018, the Comptroller 
General shall submit to the congressional committees a report that 
includes the results of the review conducted under subsection (a).
    (e) HH-60G Replacement Programs Defined.--In this section, the term 
``HH-60G replacement programs'' means the HH-60G Ops Loss Replacement 
program and the HH-60W Combat Rescue Helicopter program.

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

SEC. 141. F-35 ECONOMIC ORDER QUANTITY CONTRACTING AUTHORITY.

    (a) In General.--Subject to subsections (b) through (e), from 
amounts made available for obligation under the F-35 aircraft program, 
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 material and equipment that has completed formal 
hardware qualification testing for the F-35 aircraft program for use in 
procurement contracts to be awarded for such program during fiscal years 
2019 and 2020.
    (b) Limitation.--The total amount obligated under all contracts 
entered into under subsection (a) shall not exceed $661,000,000.
    (c) Preliminary Findings.--Before entering into a contract under 
subsection (a), the Secretary shall make each of the following findings 
with respect to such contract:
            (1) The use of such a contract will result in significant 
        savings of the total anticipated costs of carrying out the 
        program through annual contracts.
            (2) The minimum need for the property to be procured is 
        expected to remain substantially unchanged during the 
        contemplated contract period in terms of production rate, 
        procurement rate, and total quantities.
            (3) There is a reasonable expectation that, throughout the 
        contemplated contract period, the Secretary will request funding 
        for the contract at the level required to avoid contract 
        cancellation.
            (4) That there is a stable design for the property to be 
        procured and that the technical risks associated with such 
        property are not excessive.
            (5) The estimates of both the cost of the contract and the 
        anticipated cost avoidance through the use of an economic order 
        quantity contract are realistic.

[[Page 131 STAT. 1320]]

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

    (d) Certification Requirement.--Except as provided in subsection 
(e), the Secretary of Defense may not enter into a contract under 
subsection (a) until a period of 30 days has elapsed following the date 
on which the Secretary certifies to the congressional defense 
committees, in writing, that each of the following conditions is 
satisfied:
            (1) A sufficient number of end items of the system being 
        acquired under such contract have been delivered at or within 
        the most recently available estimates of the program acquisition 
        unit cost or procurement unit cost for such system to determine 
        that the estimates of the unit costs are realistic.
            (2) During the fiscal year in which such contract is to be 
        awarded, sufficient funds will be available to perform the 
        contract in such fiscal year, and the future-years defense 
        program submitted to Congress under section 221 of title 10, 
        United States Code, for that fiscal year will include the 
        funding required to execute the program without cancellation.
            (3) The contract is a fixed-price type contract.
            (4) The proposed contract provides for production at not 
        less than minimum economic rates given the existing tooling and 
        facilities.
            (5) The Secretary has determined that each of the conditions 
        described in paragraphs (1) through (6) of subsection (c) will 
        be met by such contract and has provided the basis for such 
        determination to the congressional defense committees.
            (6) The determination under paragraph (5) was made after the 
        completion of a cost analysis performed by the Director of Cost 
        Assessment and Program Evaluation for the purpose of section 
        2334(e)(1) of title 10, United States Code, and the analysis 
        supports that determination.

    (e) Exception.--Notwithstanding subsection (d), the Secretary of 
Defense may enter into a contract under subsection (a) on or after March 
1, 2018, if--
            (1) the Director of Cost Assessment and Program Evaluation 
        has not completed a cost analysis of the preliminary findings 
        made by the Secretary under subsection (c) with respect to the 
        contract;
            (2) the Secretary certifies to the congressional defense 
        committees, in writing, that each of the conditions described in 
        paragraphs (1) through (5) of subsection (d) is satisfied; and
            (3) a period of 30 days has elapsed following the date on 
        which the Secretary submits the certification under paragraph 
        (2).
SEC. 142. <<NOTE: 10 USC 2302 note.>>  AUTHORITY FOR EXPLOSIVE 
                        ORDNANCE DISPOSAL UNITS TO ACQUIRE NEW OR 
                        EMERGING TECHNOLOGIES AND CAPABILITIES.

    The Secretary of Defense, after consultation with the head of each 
military service, may provide to an explosive ordnance disposal unit the 
authority to acquire new or emerging technologies and capabilities that 
are not specifically provided for in the authorized equipment allowance 
for the unit, as such allowance is set forth in the table of equipment 
and table of allowance for the unit.

[[Page 131 STAT. 1321]]

SEC. 143. 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. 144. REINSTATEMENT OF REQUIREMENT TO PRESERVE CERTAIN C-5 
                        AIRCRAFT; MOBILITY CAPABILITY AND 
                        REQUIREMENTS STUDY.

    (a) Preservation of Retired 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.--
            ``(1) In general.--The Secretary of the Air Force shall 
        preserve eight retired C-5 aircraft until the date that is 30 
        days after the date on which the briefing under section 144(b) 
        of the National Defense Authorization Act for Fiscal Year 2018 
        is provided to the congressional defense committees.
            ``(2) Manner of preservation.--The retired C-5 aircraft 
        preserved under paragraph (1) shall be preserved such that each 
        aircraft--
                    ``(A) can be returned to service; and
                    ``(B) 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.''.

    (b) Study and Briefing.--
            (1) Study.--The Secretary of Defense shall carry out a 
        mobility capability and requirements study that estimates the 
        number or airlift aircraft, tanker aircraft, and sealift ships 
        needed to meet combatant commander requirements.

[[Page 131 STAT. 1322]]

            (2) Briefing.--Not later than September 30, 2018, the 
        Secretary of Defense shall provide to the congressional defense 
        committees a briefing on the results of the study carried out 
        under paragraph (1). The briefing shall include--
                    (A) a detailed explanation of the strategy and 
                associated force sizing and shaping constructs, 
                associated scenarios, and assumptions used to conduct 
                the analysis;
                    (B) estimated risk based on Chairman of the Joint 
                Chiefs of Staff risk management classifications; and
                    (C) implications of operations in contested areas 
                with regard to the Civil Reserve Air Fleet.

          TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

               Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.

     Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Cost controls for presidential aircraft recapitalization 
           program.
Sec. 212. Capital investment authority.
Sec. 213. Prizes for advanced technology achievements.
Sec. 214. Joint Hypersonics Transition Office.
Sec. 215. Department of Defense directed energy weapon system 
           prototyping and demonstration program.
Sec. 216. Appropriate use of authority for prototype projects.
Sec. 217. Mechanisms for expedited access to technical talent and 
           expertise at academic institutions to support Department of 
           Defense missions.
Sec. 218. Modification of laboratory quality enhancement program.
Sec. 219. Reauthorization of Department of Defense Established Program 
           to Stimulate Competitive Research.
Sec. 220. Codification and enhancement of authorities to provide funds 
           for defense laboratories for research and development of 
           technologies for military missions.
Sec. 221. Expansion of definition of competitive procedures to include 
           competitive selection for award of science and technology 
           proposals.
Sec. 222. Inclusion of modeling and simulation in test and evaluation 
           activities for purposes of planning and budget certification.
Sec. 223. Limitation on availability of funds for F-35 Joint Strike 
           Fighter Follow-On Modernization.
Sec. 224. Improvement of update process for populating mission data 
           files used in advanced combat aircraft.
Sec. 225. Support for national security innovation and entrepreneurial 
           education.
Sec. 226. Limitation on cancellation of designation Executive Agent for 
           a certain Defense Production Act program.

                  Subtitle C--Reports and Other Matters

Sec. 231. Columbia-class program accountability matrices.
Sec. 232. Review of barriers to innovation in research and engineering 
           activities of the Department of Defense.
Sec. 233. Pilot program to improve incentives for technology transfer 
           from Department of Defense laboratories.
Sec. 234. Competitive acquisition plan for low probability of detection 
           data link networks.
Sec. 235. Clarification of selection dates for pilot program for the 
           enhancement of the research, development, test, and 
           evaluation centers of the Department of Defense.
Sec. 236. Requirement for a plan to build a prototype for a new ground 
           combat vehicle for the Army.
Sec. 237. Plan for successfully fielding the Integrated Air and Missile 
           Defense Battle Command System.

[[Page 131 STAT. 1323]]

               Subtitle A--Authorization of Appropriations

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.

     Subtitle B--Program Requirements, Restrictions, and Limitations

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 7.0.2 of the system 
requirement document for the PAR Program.
    (b) Adjustments.--The Chief of Staff of the Air Force may adjust the 
capability requirements described in subsection (a) only if the Chief of 
Staff 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 Chief of Staff 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) Analysis for Fixed-price Type Contracts.--The Secretary of the 
Air Force shall work with the contractor and conduct an analysis of risk 
and explore opportunities to enter into additional fixed price type 
contracts for engineering and manufacturing development beyond the 
procurement of the unmodified commercial aircraft as described in 
paragraph (1).
    (e) Quarterly Briefings.--

[[Page 131 STAT. 1324]]

            (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 congressional 
        defense committees 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 for procurements by a 
major range and test facility installation or a science and technology 
reinvention laboratory and not less than $250,000 for procurements at 
all other facilities''.
SEC. 213. PRIZES FOR ADVANCED TECHNOLOGY ACHIEVEMENTS.

    Section 2374a of title 10, United States Code, is amended--
            (1) in subsection (a), by striking ``in recognition of'' and 
        inserting ``and other types of prizes that the Secretary 
        determines are appropriate to recognize'';
            (2) in subsection (c)--
                    (A) in paragraph (1), by striking ``cash prize of'' 
                and inserting ``prize with a fair market value of'';
                    (B) in paragraph (2), by striking ``Under Secretary 
                of Defense for Acquisition, Technology, and Logistics'' 
                and inserting ``Under Secretary of Defense for Research 
                and Engineering''; and
                    (C) by adding at the end the following new 
                paragraph:

    ``(3) No prize competition may result in the award of a solely 
nonmonetary prize with a fair market value of more than $10,000 without 
the approval of the Under Secretary of Defense for Research and 
Engineering.'';
            (3) in subsection (e)--
                    (A) by inserting ``or nonmonetary items'' after 
                ``accept funds'';
                    (B) by striking ``and from State and local 
                governments'' and inserting ``, from State and local 
                governments, and from the private sector''; and
                    (C) by adding at the end the following: ``The 
                Secretary may not give any special consideration to any 
                private sector entity in return for a donation.''; and
            (4) by amending subsection (f) to read as follows:

    ``(f) Use of Prize Authority.--Use of prize authority under this 
section shall be considered the use of competitive procedures for the 
purposes of section 2304 of this title.''.

[[Page 131 STAT. 1325]]

SEC. 214. JOINT HYPERSONICS TRANSITION OFFICE.

    (a) <<NOTE: 10 USC 2358 note.>>  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 114-92; 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) Expedite testing, evaluation, and acquisition of 
        hypersonic weapon systems to meet the stated needs of the 
        warfighter, including flight testing, ground-based-testing, and 
        underwater launch testing.
            ``(2) Coordinate and integrate current and future research, 
        development, test, and evaluation programs and system 
        demonstration programs of the Department of Defense on 
        hypersonics.
            ``(3) 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 with appropriate 
                private sector and foreign organizations; and
                    ``(B) that both foundational research and 
                developmental and operational 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.
            ``(4) Approve prototyping demonstration programs on 
        hypersonic systems to speed the maturation and deployment of the 
        systems to the warfighter,.
            ``(5) 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).

[[Page 131 STAT. 1326]]

            ``(6) Develop strategies and roadmaps for hypersonic 
        technologies to transition to operational capabilities for the 
        warfighter.
            ``(7) Coordinate with relevant stakeholders and agencies to 
        support United States technological advantage in developing 
        hypersonics.'';
            (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. 215. DEPARTMENT OF DEFENSE DIRECTED ENERGY WEAPON SYSTEM 
                        PROTOTYPING AND DEMONSTRATION PROGRAM.

    (a) Designation of Under Secretary of Defense for Research and 
Engineering as the Official With Principal Responsibility for 
Development and Demonstration of Directed Energy Weapons.--Subsection 
(a)(1) of section 219 of the National Defense Authorization Act for 
Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 2431 note) is amended by 
striking ``Not later'' and all that follows through ``Department of 
Defense'' and inserting ``The Under Secretary of Defense for Research 
and Engineering shall serve''.
    (b) Prototyping and Demonstration Program.--Such section is further 
amended by adding at the end the following new subsection:
    ``(c) Prototyping and Demonstration Program.--
            ``(1) Establishment.--The Secretary of Defense, acting 
        through the Under Secretary, shall establish a program on the 
        prototyping and demonstration of directed energy weapon systems 
        to build and maintain the military superiority of the United 
        States by--
                    ``(A) accelerating, when feasible, the fielding of 
                directed energy weapon prototypes that would help 
                counter technological advantages of potential 
                adversaries of the United States; and
                    ``(B) supporting the military departments, the 
                combatant commanders, and other relevant defense 
                agencies and entities in developing prototypes and 
                demonstrating operational utility of high energy lasers 
                and high powered microwave weapon systems.
            ``(2) Guidelines.--(A) Not later than 180 days after the 
        date of the enactment of the National Defense Authorization Act 
        for Fiscal Year 2018, the Under Secretary shall issue guidelines 
        for the operation of the program established under paragraph 
        (1), including the following:
                    ``(i) Criteria required for an application for 
                funding by a military department, defense agency or 
                entity, or a combatant command.
                    ``(ii) The priorities, based on validated 
                requirements or capability gaps, for fielding prototype 
                directed energy weapon system technologies developed by 
                research funding of the Department or industry.

[[Page 131 STAT. 1327]]

                    ``(iii) Criteria for evaluation of an application 
                for funding or changes to policies or acquisition and 
                business practices by such a department, agency, or 
                command for purposes of improving the effectiveness and 
                efficiency of the program.
            ``(B) Funding for a military department, defense agency, or 
        combatant command under the program established under paragraph 
        (1) may only be available for advanced technology development, 
        prototyping, and demonstrations in which the Department of 
        Defense maintains management of the technical baseline and a 
        primary emphasis on technology transition and evaluating 
        military utility to enhance the likelihood that the particular 
        directed energy weapon system will meet the Department end 
        user's need.
            ``(3) Applications for funding.--(A) Not less frequently 
        than once each year, the Under Secretary shall solicit from the 
        heads of the military departments, the defense agencies, and the 
        combatant commands applications for funding under the program 
        established under paragraph (1) to be used to enter into 
        contracts, cooperative agreements, or other transaction 
        agreements entered into pursuant to section 2371b of title 10, 
        United States Code, with appropriate entities for the 
        prototyping or commercialization of technologies.
            ``(B) Nothing in this section shall be construed to require 
        any official of the Department of Defense to provide funding 
        under the program to any congressional earmark as defined 
        pursuant to clause 9 of rule XXI of the Rules of the House of 
        Representatives or any congressionally directed spending item as 
        defined pursuant to paragraph 5 of rule XLIV of the Standing 
        Rules of the Senate.
            ``(4) Funding.--(A) Except as provided in subparagraph (B) 
        and subject to the availability of appropriations for such 
        purpose, of the funds authorized to be appropriated by the 
        National Defense Authorization Act for Fiscal Year 2018 or 
        otherwise made available for fiscal year 2018 for research, 
        development, test, and evaluation, defense-wide, up to 
        $100,000,000 may be available to the Under Secretary to allocate 
        to the military departments, the defense agencies, and the 
        combatant commands to carry out the program established under 
        paragraph (1).
            ``(B) Not more than half of the amounts made available under 
        subparagraph (A) may be allocated as described in such paragraph 
        until the Under Secretary--
                    ``(i) develops the strategic plan required by 
                subsection (a)(2)(A); and
                    ``(ii) submits such strategic plan to the 
                congressional defense committees.
            ``(5) Under secretary defined.--In this subsection, the term 
        `Under Secretary' means the Under Secretary of Defense for 
        Research and Engineering in the Under Secretary's capacity as 
        the official with principal responsibility for the development 
        and demonstration of directed energy weapons pursuant to 
        subsection (a)(1).''.

[[Page 131 STAT. 1328]]

SEC. 216. APPROPRIATE USE OF AUTHORITY FOR PROTOTYPE PROJECTS.

    Section 2371b(d)(1)(A) of title 10, United States Code, is amended 
by inserting ``or nonprofit research institution'' after ``defense 
contractor''.
SEC. 217. <<NOTE: 10 USC 2358 note.>>  MECHANISMS FOR EXPEDITED 
                        ACCESS TO TECHNICAL TALENT AND EXPERTISE 
                        AT ACADEMIC INSTITUTIONS TO SUPPORT 
                        DEPARTMENT OF DEFENSE MISSIONS.

    (a) Arrangements Authorized.--
            (1) In general.--The Secretary of Defense and each secretary 
        of a military department may establish one or more multi-
        institution task order contracts, consortia, cooperative 
        agreements, or other arrangements to facilitate expedited access 
        to university technical expertise, including faculty, staff, and 
        students, in support of Department of Defense missions in the 
        areas specified in subsection (e).
            (2) Use for technical analyses and engineering support.--The 
        Secretary may use an arrangement under paragraph (1) to fund 
        technical analyses and other engineering support as required to 
        address acquisition, management, and operational challenges, 
        including support for classified programs and activities.

    (b) Limitation.--An arrangement established under subsection (a)(1) 
may not be used to fund research programs that can be executed through 
other Department of Defense basic research activities.
    (c) Consultation With Other Department of Defense Activities.--An 
arrangement established under subsection (a)(1) shall, to the degree 
practicable, be made in consultation with other Department of Defense 
activities, including federally funded research and development centers 
(FFRDCs), university affiliated research centers (UARCs), and Defense 
laboratories and test centers, for purposes of providing technical 
expertise and reducing costs and duplicative efforts.
    (d) Policies and Procedures.--If the Secretary of Defense or a 
secretary of a military department establishes one or more arrangements 
under subsection (a)(1), the Secretary of Defense shall establish and 
implement policies and procedures to govern--
            (1) selection of participants in the arrangement or 
        arrangements;
            (2) the awarding of task orders under the arrangement or 
        arrangements;
            (3) maximum award size for tasks under the arrangement or 
        arrangements;
            (4) the appropriate use of competitive awards and sole 
        source awards under the arrangement or arrangements; and
            (5) technical areas under the arrangement or arrangements.

    (e) Mission Areas.--The areas specified in this subsection are as 
follows:
            (1) Cybersecurity.
            (2) Air and ground vehicles.
            (3) Shipbuilding.
            (4) Explosives detection and defeat.
            (5) Undersea warfare.
            (6) Trusted electronics.

[[Page 131 STAT. 1329]]

            (7) Unmanned systems.
            (8) Directed energy.
            (9) Energy, power, and propulsion.
            (10) Management science and operations research.
            (11) Artificial intelligence.
            (12) Data analytics.
            (13) Business systems.
            (14) Technology transfer and transition.
            (15) Biological engineering and genetic enhancement.
            (16) High performance computing.
            (17) Materials science and engineering.
            (18) Quantum information sciences.
            (19) Special operations activities.
            (20) Modeling and simulation.
            (21) Autonomous systems.
            (22) Model based engineering.
            (23) Such other areas as the Secretary considers 
        appropriate.

    (f) Sunset.--No new arrangements may be entered into under 
subsection (a)(1) after September 30, 2020.
    (g) Arrangements Established Under Subsection (a)(1) Defined.--In 
this section, the term ``arrangement established under subsection 
(a)(1)'' means a multi-institution task order contract, consortia, 
cooperative agreement, or other arrangement established under subsection 
(a)(1).
SEC. 218. MODIFICATION OF LABORATORY QUALITY ENHANCEMENT PROGRAM.

    (a) In General.--Section 211 of the National Defense Authorization 
Act for Fiscal Year 2017 (Public Law 114-328) <<NOTE: 10 USC 2358 
note.>>  is amended--
            (1) in subsection (a)(1)--
                    (A) in subparagraph (A), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in subparagraph (B), by striking the semicolon 
                and inserting ``; and''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(C) new interpretations of existing statutes and 
                regulations that would enhance the ability of a director 
                of a science and technology reinvention laboratory to 
                manage the facility and discharge the mission of the 
                laboratory;'';
            (2) in subsection (d), by adding at the end the following 
        new paragraph:

    ``(3)(A) Each panel described in paragraph (1), (2), or (3) of 
subsection (b) shall submit to the panel described in paragraph (4) of 
such subsection (relating to governance and oversight processes) the 
following:
            ``(i) The findings of the panel with respect to the review 
        conducted by the panel under subsection (a)(1)(C).
            ``(ii) The recommendations made by the panel under such 
        subsection.
            ``(iii) Such comments, findings, and recommendations as the 
        panel may have received by a science and technology reinvention 
        laboratory with respect to--
                    ``(I) the review conducted by the panel under such 
                subsection; or

[[Page 131 STAT. 1330]]

                    ``(II) recommendations made by the panel under such 
                subsection.

    ``(B)(i) The panel described in subsection (b)(4) shall review and 
refashion such recommendations as the panel may receive under 
subparagraph (A).
    ``(ii) In reviewing and refashioning recommendations under clause 
(i), the panel may, as the panel considers appropriate, consult with the 
science and technology executive of the affected service.
    ``(C) The panel described in subsection (b)(4) shall submit to the 
Under Secretary of Defense for Research and Engineering the 
recommendations made by the panel under subsection (a)(1)(C) and the 
recommendations refashioned by the panel under subparagraph (B) of this 
paragraph.'';
            (3) <<NOTE: 10 USC 2358 note.>>  by redesignating 
        subsections (e) and (f) as subsection (f) and (g), respectively; 
        and
            (4) by inserting after subsection (d) the following new 
        subsection (e):

    ``(e) Interpretation of Provisions of Law.--(1) The Under Secretary 
of Defense for Research and Engineering, acting under the guidance of 
the Secretary, shall issue regulations regarding the meaning, scope, 
implementation, and applicability of any provision of a statute relating 
to a science and technology reinvention laboratory.
    ``(2) In interpreting or defining under paragraph (1), the Under 
Secretary shall, to the degree practicable, emphasize providing the 
maximum operational flexibility to the directors of the science and 
technology reinvention laboratories to discharge the missions of their 
laboratories.
    ``(3) In interpreting or defining under paragraph (1), the Under 
Secretary shall, to the extent practicable, consult and coordinate with 
the secretaries of the military departments and such other agencies or 
entities as the Under Secretary considers relevant, on any proposed 
revision to regulations under paragraph (1).
    ``(4) In interpreting or defining under paragraph (1), the Under 
Secretary shall seek recommendations from the panel described in 
subsection (b)(4).''.
    (b) Technical Corrections.--(1) Subsections (a), (c)(1)(C), and 
(d)(2) of such section <<NOTE: 10 USC 2358 note.>>  are amended by 
striking ``Assistant Secretary'' each place it appears and inserting 
``Under Secretary''.

    (2) Subparagraph (C) of section 342(b)(3) of the National Defense 
Authorization Act for Fiscal Year 1995 (Public Law 103-337), as amended 
by section 211(f) of the National Defense Authorization Act for Fiscal 
Year 2017 (Public Law 114-328), as redesignated by subsection (a)(3) of 
this section, <<NOTE: 10 USC 2358 note.>>  is amended by striking 
``Assistant Secretary'' and inserting ``Under Secretary''.
SEC. 219. REAUTHORIZATION OF DEPARTMENT OF DEFENSE ESTABLISHED 
                        PROGRAM TO STIMULATE COMPETITIVE RESEARCH.

    (a) Modification of Program Objectives.--Subsection (b) of section 
257 of the National Defense Authorization Act for Fiscal Year 1995 
(Public Law 103-337; 10 U.S.C. 2358 note) is amended--
            (1) by redesignating paragraphs (1) and (2) as paragraphs 
        (2) and (3), respectively;
            (2) by inserting before paragraph (2), as redesignated by 
        paragraph (1), the following new paragraph (1):

[[Page 131 STAT. 1331]]

            ``(1) To increase the number of university researchers in 
        eligible States capable of performing science and engineering 
        research responsive to the needs of the Department of 
        Defense.''; and
            (3) in paragraph (2), as redesignated by paragraph (1), by 
        inserting ``relevant to the mission of the Department of Defense 
        and'' after ``that is''.

    (b) Modification of Program Activities.--Subsection (c) of such 
section is amended--
            (1) by redesignating paragraph (3) as paragraph (4); and
            (2) by inserting after paragraph (2) the following new 
        paragraph (3):
            ``(3) To provide assistance to science and engineering 
        researchers at institutions of higher education in eligible 
        States through collaboration between Department of Defense 
        laboratories and such researchers.''.

    (c) Modification of Eligibility Criteria for State Participation.--
Subsection (d) of such section is amended--
            (1) in paragraph (2)(B), by inserting ``in areas relevant to 
        the mission of the Department of Defense'' after ``programs''; 
        and
            (2) by adding at the end the following new paragraph:

    ``(3) The Under Secretary shall not remove a designation of a State 
under paragraph (2) because the State exceeds the funding levels 
specified under subparagraph (A) of such paragraph unless the State has 
exceeded such funding levels for at least two consecutive years.''.
    (d) Modification of Coordination Requirement.--Subsection (e) of 
such section is amended--
            (1) in paragraph (1), by striking ``shall'' each place it 
        appears and inserting ``may''; and
            (2) in paragraph (3), by inserting ``relevant to the mission 
        of the Department of Defense and'' after ``Research are''.

    (e) Modification of Name.--
            (1) In general.--Such section is amended--
                    (A) in subsections (a) and (e) by striking 
                ``Experimental'' each place it appears and inserting 
                ``Established''; and
                    (B) in the section heading, by striking 
                ``experimental'' and inserting ``established''.
            (2) Clerical amendment.--Such Act is amended, in the table 
        of contents in section 2(b), by striking the item relating to 
        section 257 and inserting the following new item:

``Sec. 257. Defense established program to stimulate competitive 
           research.''.

            (3) Conforming amendment.--Section 307 of the 1997 Emergency 
        Supplemental Appropriations Act for Recovery from Natural 
        Disasters, and for Overseas Peacekeeping Efforts, Including 
        Those in Bosnia (Public Law 105-18) <<NOTE: 10 USC 2358 note.>>  
        is amended by striking ``Experimental'' and inserting 
        ``Established''.
SEC. 220. CODIFICATION AND ENHANCEMENT OF AUTHORITIES TO PROVIDE 
                        FUNDS FOR DEFENSE LABORATORIES FOR 
                        RESEARCH AND DEVELOPMENT OF TECHNOLOGIES 
                        FOR MILITARY MISSIONS.

    (a) In General.--Chapter 139 of title 10, United States Code, is 
amended by inserting after section 2362 the following new section:

[[Page 131 STAT. 1332]]

``Sec. 2363. <<NOTE: 10 USC 2363.>>  Mechanisms to provide funds 
                  for defense laboratories for research and 
                  development of technologies for military 
                  missions

    ``(a) Mechanisms to Provide Funds.--(1) The Secretary of Defense, in 
consultation with the Secretaries of the military departments, shall 
establish mechanisms under which the director of a defense laboratory 
may use an amount of funds equal to not less than two percent and not 
more than four percent of all funds available to the defense laboratory 
for the following purposes:
            ``(A) To fund innovative basic and applied research that is 
        conducted at the defense laboratory and supports military 
        missions.
            ``(B) To fund development programs that support the 
        transition of technologies developed by the defense laboratory 
        into operational use.
            ``(C) To fund workforce development activities that improve 
        the capacity of the defense laboratory to recruit and retain 
        personnel with necessary scientific and engineering expertise 
        that support military missions.
            ``(D) To fund the repair or minor military construction of 
        the laboratory infrastructure and equipment, in accordance with 
        subsection (b).

    ``(2) The mechanisms established under paragraph (1) shall provide 
that funding shall be used under paragraph (1) at the discretion of the 
director of a defense laboratory in consultation with the science and 
technology executive of the military department concerned.
    ``(3) The science and technology executive of a military department 
may develop policies and guidance to leverage funding and promote cross-
laboratory collaboration, including with laboratories of other military 
departments.
    ``(4) After consultation with the science and technology executive 
of the military department concerned, the director of a defense 
laboratory may charge customer activities a fixed percentage fee, in 
addition to normal costs of performance, in order to obtain funds to 
carry out activities authorized by this subsection. The fixed fee may 
not exceed four percent of costs.
    ``(b) Availability of Funds for Infrastructure Projects.--Funds 
shall be available in accordance with subsection (a)(1)(D) only if--
            ``(1) the Secretary notifies the congressional defense 
        committees of the total cost of the project before the date on 
        which the Secretary uses the mechanism under such subsection for 
        such project; and
            ``(2) the Secretary ensures that the project complies with 
        the applicable cost limitations in--
                    ``(A) section 2805(d) of this title, with respect to 
                revitalization and recapitalization projects; and
                    ``(B) section 2811 of this title, with respect to 
                repair projects.

    ``(c) Annual Report on Use of Authority.--(1) Not later than March 1 
of each year until March 1, 2025, the Secretary of Defense shall submit 
to the congressional defense committees a report on the use of the 
authority under subsection (a) during the preceding year.
    ``(2) Each report under paragraph (1) shall include, with respect to 
the year covered by the report, the following:

[[Page 131 STAT. 1333]]

            ``(A) A description of the mechanisms used to provide 
        funding under subsection (a)(1).
            ``(B) A statement of the amount of funding made available to 
        each defense laboratory for research described under such 
        subsection.
            ``(C) A description of the investments made by each defense 
        laboratory using funds under such subsection.
            ``(D) A description and assessment of any improvements in 
        the performance of the defense laboratories as a result of 
        investments under such subsection.
            ``(E) A description and assessment of the contributions to 
        the development of needed military capabilities provided by 
        research using funds under such subsection.
            ``(F) A description of any modification to the mechanisms 
        under subsection (a) that would improve the efficiency of the 
        authority under such subsection to support military missions.''.

    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 139 of such title <<NOTE: 10 USC 2351 prec.>>  is amended by 
inserting after the item relating to section 2362 the following new 
item:

``2363. Mechanisms to provide funds for defense laboratories for 
           research and development of technologies for military 
           missions.''.

    (c) Conforming Amendments.--(1) Section 219 of the Duncan Hunter 
National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-
417; 10 U.S.C. 2358 note), is hereby repealed.
    (2) Section 2805(d)(1)(B) of title 10, United States Code, is 
amended by striking ``under section 219(a) of the Duncan Hunter National 
Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 10 
U.S.C. 2358 note)'' and inserting ``section 2363(a) of this title''.
SEC. 221. EXPANSION OF DEFINITION OF COMPETITIVE PROCEDURES TO 
                        INCLUDE COMPETITIVE SELECTION FOR AWARD OF 
                        SCIENCE AND TECHNOLOGY PROPOSALS.

    Section 2302(2)(B) of title 10, United States Code, is amended by 
striking ``basic research'' and inserting ``science and technology''.
SEC. 222. INCLUSION OF MODELING AND SIMULATION IN TEST AND 
                        EVALUATION ACTIVITIES FOR PURPOSES OF 
                        PLANNING AND BUDGET CERTIFICATION.

    Section 196 of title 10, United States Code, is amended--
            (1) in subsection (d)(1), in the first sentence, by 
        inserting ``, including modeling and simulation capabilities'' 
        after ``and resources''; and
            (2) in subsection (e)(1), by inserting ``, including 
        modeling and simulation activities,'' after ``evaluation 
        activities''.
SEC. 223. LIMITATION ON AVAILABILITY OF FUNDS FOR F-35 JOINT 
                        STRIKE FIGHTER FOLLOW-ON MODERNIZATION.

    (a) In General.--Not more than 25 percent of the funds authorized to 
be appropriated by this Act or otherwise made available for fiscal year 
2018 or any other fiscal year for the Department of Defense may be 
obligated for F-35 Joint Strike Fighter Follow-On Modernization until 
the Secretary of Defense provides the final report required under 
section 224(b) of the National Defense Authorization Act for Fiscal Year 
2017 (Public Law 114-328).
    (b) Dual Capable Aircraft.--Neither the limitation in subsection (a) 
nor the limitation in section 224(a) of the National

[[Page 131 STAT. 1334]]

Defense Authorization Act for Fiscal Year 2017 shall be construed to 
limit or otherwise restrict any funding that is required to develop, 
certify, or deliver F-35A dual capable aircraft.
SEC. 224. <<NOTE: 10 USC 113 note.>>  IMPROVEMENT OF UPDATE 
                        PROCESS FOR POPULATING MISSION DATA FILES 
                        USED IN ADVANCED COMBAT AIRCRAFT.

    (a) Improvements To Update Process.--
            (1) In general.--The Secretary of Defense shall take such 
        actions as may be necessary to improve the process used to 
        update the mission data files used in advanced combat aircraft 
        of the United States so that such updates can occur more 
        quickly.
            (2) Requirements.--In improving the process under paragraph 
        (1), the Secretary shall ensure the following:
                    (A) That under such process, updates to the mission 
                data files are developed, operationally tested, and 
                loaded onto systems of advanced combat aircraft while in 
                theaters of operation in a time-sensitive manner to 
                allow for the distinguishing of threats, including 
                distinguishing friends from foes, loading and delivery 
                of weapon suites, and coordination with allied and 
                coalition armed forces.
                    (B) When updates are made to the mission data files, 
                all areas of responsibility (AoRs) are included.
                    (C) The process includes best practices relating to 
                such mission data files that have been identified by 
                industry and allies of the United States.
                    (D) The process improves the exchange of information 
                between weapons systems of the United States and weapon 
                systems of allies and partners of the United States, 
                with respect to such mission data files.

    (b) Consultation and Pilot Programs.--In carrying out subsection 
(a), the Secretary shall consult the innovation organizations resident 
in the Department of Defense and may consider carrying out a pilot 
program under another provision of this Act.
    (c) Report.--Not later than March 31, 2018, the Secretary shall 
submit to the congressional defense committees a report on the actions 
taken by the Secretary under subsection (a)(1) and how the process 
described in such subsection has been improved.
SEC. 225. <<NOTE: 10 USC 2359 note.>>  SUPPORT FOR NATIONAL 
                        SECURITY INNOVATION AND ENTREPRENEURIAL 
                        EDUCATION.

    (a) Support Authorized.--
            (1) In general.--The Secretary of Defense may, acting 
        through the Under Secretary of Defense for Research and 
        Engineering, support national security innovation and 
        entrepreneurial education programs.
            (2) Elements.--Support under paragraph (1) may include the 
        following:
                    (A) Materials to recruit participants, including 
                veterans, for programs described in paragraph (1).
                    (B) Model curriculum for such programs.
                    (C) Training materials for such programs.
                    (D) Best practices for the conduct of such programs.
                    (E) Experimental learning opportunities for program 
                participants to interact with operational forces and 
                better understand national security challenges.
                    (F) Exchanges and partnerships with Department of 
                Defense science and technology activities.

[[Page 131 STAT. 1335]]

                    (G) Activities consistent with the Proof of Concept 
                Commercialization Pilot Program established under 
                section 1603 of the National Defense Authorization Act 
                for Fiscal Year 2014 (Public Law 113-66; 10 U.S.C. 2359 
                note).

    (b) Consultation.--In carrying out subsection (a), the Secretary may 
consult with the heads of such Federal agencies, universities, and 
public and private entities engaged in the development of advanced 
technologies as the Secretary determines to be appropriate.
    (c) Authorities.--The Secretary may--
            (1) develop and maintain metrics to assess national security 
        innovation and entrepreneurial education activities to ensure 
        standards for programs supported under subsection (b) are 
        consistent and being met; and
            (2) ensure that any recipient of an award under the Small 
        Business Technology Transfer program, the Small Business 
        Innovation Research program, and science and technology programs 
        of the Department of Defense has the option to participate in 
        training under a national security innovation and 
        entrepreneurial education program supported under subsection 
        (b).

    (d) Participation by Federal Employees and Members of the Armed 
Forces.--The Secretary may encourage Federal employees and members of 
the Armed Forces to participate in a national security innovation and 
entrepreneurial education program supported under subsection (a) in 
order to gain exposure to modern innovation and entrepreneurial 
methodologies.
    (e) Coordination.--In carrying out this section, the Secretary shall 
consider coordinating and partnering with activities and organizations 
involved in the following:
            (1) Hack the Army.
            (2) Hack the Air Force.
            (3) Hack the Pentagon.
            (4) The Army Digital Service.
            (5) The Defense Digital Service.
            (6) The Air Force Digital Service.
            (7) Challenge and prize competitions of the Defense Advanced 
        Research Projects Agency (DARPA).
            (8) The Defense Science Study Group.
            (9) The Small Business Innovation Research Program (SBIR).
            (10) The Small Business Technology Transfer Program (STTR).
            (11) War colleges of the military departments.
            (12) Hacking for Defense.
            (13) The National Security Science and Engineering Faculty 
        Fellowship (NSSEFF) program.
            (14) The Science, Mathematics and Research for 
        Transformation (SMART) scholarship program.
            (15) The young faculty award program of the Defense Advanced 
        Research Projects Agency.
SEC. 226. LIMITATION ON CANCELLATION OF DESIGNATION EXECUTIVE 
                        AGENT FOR A CERTAIN DEFENSE PRODUCTION ACT 
                        PROGRAM.

    (a) Limitation on Cancellation of Designation.--The Secretary of 
Defense may not implement the decision, issued on July 1, 2017, to 
cancel the designation, under Department of Defense

[[Page 131 STAT. 1336]]

Directive 4400.1E, entitled ``Defense Production Act Programs'' and 
dated October 12, 2001, of the currently assigned Department of Defense 
Executive Agent for the program carried out under title III of the 
Defense Production Act of 1950 (50 U.S.C. 4531 et seq.) until the 
Secretary has--
            (1) completed the review and assessment required by 
        subsection (b)(1); and
            (2) carried out the briefing required by subsection (c).

    (b) Review and Assessment Required.--
            (1) In general.--The Secretary of Defense, in consultation 
        with the Secretary of the Air Force, shall conduct a review and 
        assessment of the program described in subsection (a).
            (2) Elements.--The review and assessment required by 
        paragraph (1) shall include the following:
                    (A) Assessment of the current management structure 
                for the program, including analysis of the mechanisms 
                for accountability, as well as cost and management 
                controls currently in place.
                    (B) Analysis of alternatives for proposals to modify 
                that management structure to increase accountability, 
                cost and management controls. Such analysis of 
                alternatives should consider the relative merits of 
                centralization and decentralization, roles of other 
                military departments in program management and 
                contracting, as well as the different roles the Office 
                of the Secretary of Defense might play in management, 
                oversight and execution.
                    (C) Recommendations for improving the assessment and 
                selection of projects in order to--
                          (i) ensure that projects selected are 
                      appropriate for use of funds appropriated to carry 
                      out title III of the Defense Production Act of 
                      1950;
                          (ii) ensure that sufficient vetting and 
                      management controls are in place to ensure a 
                      reasonable degree of confidence that project ideas 
                      or the companies being supported will be viable; 
                      and
                          (iii) increase overall successful execution 
                      for selected projects.
                    (D) Such other matters as the Secretary considers 
                appropriate.

    (c) Briefing Required.--The Secretary shall brief the appropriate 
Committees of Congress on the findings of the Secretary with respect to 
the review and assessment conducted under subsection (b).
    (d) Notification Required.--In the event the Secretary of Defense 
decides to cancel the designation, under Department of Defense Directive 
4400.1E, entitled ``Defense Production Act Programs'' and dated October 
12, 2001, of the currently assigned Department of Defense Executive 
Agent for the program described in subsection (a), the Secretary shall 
submit to the appropriate committees of Congress a written notification 
of such decision at least 60 days before the decision goes into effect.
    (e) Appropriate Committees of Congress Defined.--In this section, 
the term ``appropriate committees of Congress'' means the--
            (1) the Committee on Armed Services and the Committee on 
        Banking, Housing, and Urban Affairs of the Senate; and
            (2) the Committee on Armed Services and the Committee on 
        Financial Services of the House of Representatives.

[[Page 131 STAT. 1337]]

                  Subtitle C--Reports and Other Matters

SEC. 231. COLUMBIA-CLASS PROGRAM ACCOUNTABILITY MATRICES.

    (a) Submittal of Matrices.--Concurrent with the President's annual 
budget request submitted to Congress under section 1105 of title 31, 
United States Code, for fiscal year 2019, the Secretary of the Navy 
shall submit to the congressional defense committees and the Comptroller 
General of the United States the matrices described in subsection (b) 
relating to the Columbia-class program.
    (b) Matrices Described.--The matrices described in this subsection 
are the following:
            (1) Design and construction goals.--A matrix that 
        identifies, in six-month increments, key milestones, development 
        events, and specific performance goals for the design and 
        construction of the Columbia-class program, which shall be 
        subdivided, at a minimum, according to the following:
                    (A) Technology-readiness levels of major components 
                and key demonstration events.
                    (B) Design maturity.
                    (C) Manufacturing-readiness levels for critical 
                manufacturing operations and key demonstration events.
                    (D) Manufacturing operations.
                    (E) Reliability.
            (2) Cost.--A matrix expressing, in annual increments, the 
        total cost phased over the entire Columbia-class design and 
        construction period of--
                    (A) the Navy service cost position for the prime 
                contractor's portion of Columbia-class design and 
                construction activities, including the estimated price 
                at completion for each submarine and confidence level of 
                this estimate;
                    (B) the program manager's estimate for the prime 
                contractor's portion of Columbia-class design and 
                construction activities, including the estimated price 
                and variance at completion for each submarine; and
                    (C) the prime contractor's estimate for the prime 
                contractor's portion of Columbia-class design and 
                construction activities, including the estimated price 
                and variance at completion for each submarine.

    (c) Update of Matrices.--
            (1) In general.--Not later than 180 days after the date on 
        which the Secretary of the Navy submits the matrices required by 
        subsection (a), and concurrent with the submittal of each annual 
        budget request to Congress under section 1105 of title 31, 
        United States Code, beginning with the fiscal year 2020 request, 
        the Secretary of the Navy shall submit to the congressional 
        defense committees and the Comptroller General of the United 
        States updates to the matrices described in subsection (b).
            (2) Elements.--Each update submitted under paragraph (1) 
        shall detail progress made toward the goals identified in the 
        matrix described in subsection (b)(1) and provide updated cost 
        data as prescribed in subsection (b)(2).
            (3) Treatment of initial matrices as baseline.--The matrices 
        submitted pursuant to subsection (a) shall be treated

[[Page 131 STAT. 1338]]

        as the baseline for the full Columbia-class design and 
        construction period for purposes of the updates submitted 
        pursuant to paragraph (1) of this subsection.
            (4) Report termination.--The report required under paragraph 
        (1) shall terminate upon delivery of the first Columbia-class 
        submarine.

    (d) Assessment by Comptroller General of the United States.--Not 
later than 90 days after the date on which the Comptroller General of 
the United States receives an update to a matrix under subsection 
(c)(1), the Comptroller General shall review such matrix and provide to 
the congressional defense committees an assessment of such matrix in 
whatever form that the Comptroller General deems appropriate.
    (e) Repeal of Report Requirement.--Section 131 of the National 
Defense Authorization Act for Fiscal Year 2016 (129 Stat. 754; Public 
Law 114-92) is hereby repealed.
    (f) Major Component Defined.--In this section, the term ``major 
component'' includes, at a minimum, the integrated power system, nuclear 
reactor, propulsor and related coordinated stern features, stern area 
system, and common missile compartment.
SEC. 232. REVIEW OF BARRIERS TO INNOVATION IN RESEARCH AND 
                        ENGINEERING ACTIVITIES OF THE DEPARTMENT 
                        OF DEFENSE.

    (a) Review.--The Secretary of Defense, acting through the Under 
Secretary of Defense for Research and Engineering, shall review 
directives, rules, regulations, and other policies that adversely affect 
the ability of the innovation, research, and engineering enterprise of 
the Department of Defense to effectively and efficiently execute its 
missions, including policies and practices concerning the following:
            (1) Personnel and talent management.
            (2) Financial management and budgeting.
            (3) Infrastructure, installations, and military 
        construction.
            (4) Acquisition.
            (5) Management.
            (6) Such other areas as the Secretary may designate.

    (b) Report.--Not later than one year after the date of the enactment 
of this Act, the Secretary shall submit to the congressional defense 
committees a report on--
            (1) the findings of the Secretary with respect to the review 
        conducted under subsection (a);
            (2) proposed changes in directives, rules, regulations, and 
        other policies that will enhance the ability of the innovation, 
        research, and engineering enterprise of the Department to 
        executive its designated missions, including a description of 
        how proposed changes have been coordinated with other 
        appropriate Secretaries of the military departments and the 
        appropriate heads of the defense agencies; and
            (3) processes by which new directives, rules, regulations, 
        and other policies will be reviewed for their potential to 
        adversely affect the ability of the innovation, research, and 
        engineering enterprise of the Department and the lead official 
        designated to execute such review in consultation with other 
        relevant and appropriate Secretaries of the military departments 
        and heads of defense agencies.

[[Page 131 STAT. 1339]]

SEC. 233. <<NOTE: 10 USC 2514 note.>>  PILOT PROGRAM TO IMPROVE 
                        INCENTIVES FOR TECHNOLOGY TRANSFER FROM 
                        DEPARTMENT OF DEFENSE LABORATORIES.

    (a) In General.--The Secretary of Defense shall establish a pilot 
program to assess the feasibility and advisability of distributing 
royalties and other payments as described in this section. Under the 
pilot program, except as provided in subsections (b) and (d), any 
royalties or other payments received by a Federal agency from the 
licensing and assignment of inventions under agreements entered into by 
Department of Defense laboratories, and from the licensing of inventions 
of Department of Defense laboratories, shall be retained by the 
laboratory which produced the invention and shall be disposed of as 
follows:
            (1)(A) The laboratory director shall pay each year the first 
        $2,000, and thereafter at least 20 percent, of the royalties or 
        other payments, other than payments of patent costs as 
        delineated by a license or assignment agreement, to the inventor 
        or coinventors, if the inventor's or coinventor's rights are 
        directly assigned to the United States.
            (B) A laboratory director may provide appropriate 
        incentives, from royalties or other payments, to laboratory 
        employees who are not an inventor of such inventions but who 
        substantially increased the technical value of the inventions.
            (C) The laboratory shall retain the royalties and other 
        payments received from an invention until the laboratory makes 
        payments to employees of a laboratory under subparagraph (A) or 
        (B).
            (2) The balance of the royalties or other payments shall be 
        transferred by the agency to its laboratories, with the majority 
        share of the royalties or other payments from any invention 
        going to the laboratory where the invention occurred. The 
        royalties or other payments so transferred to any laboratory may 
        be used or obligated by that laboratory during the fiscal year 
        in which they are received or during the 2 succeeding fiscal 
        years--
                    (A) to reward scientific, engineering, and technical 
                employees of the laboratory, including developers of 
                sensitive or classified technology, regardless of 
                whether the technology has commercial applications;
                    (B) to further scientific exchange among the 
                laboratories of the agency;
                    (C) for education and training of employees 
                consistent with the research and development missions 
                and objectives of the agency or laboratory, and for 
                other activities that increase the potential for 
                transfer of the technology of the laboratories of the 
                agency;
                    (D) for payment of expenses incidental to the 
                administration and licensing of intellectual property by 
                the agency or laboratory with respect to inventions made 
                at that laboratory, including the fees or other costs 
                for the services of other agencies, persons, or 
                organizations for intellectual property management and 
                licensing services; or
                    (E) for scientific research and development 
                consistent with the research and development missions 
                and objectives of the laboratory.
            (3) All royalties or other payments retained by the 
        laboratory after payments have been made pursuant to paragraphs

[[Page 131 STAT. 1340]]

        (1) and (2) that are unobligated and unexpended at the end of 
        the second fiscal year succeeding the fiscal year in which the 
        royalties and other payments were received shall be paid into 
        the Treasury of the United States.

    (b) Treatment of Payments to Employees.--
            (1) In general.--Any payment made to an employee under the 
        pilot program shall be in addition to the regular pay of the 
        employee and to any other awards made to the employee, and shall 
        not affect the entitlement of the employee to any regular pay, 
        annuity, or award to which the employee is otherwise entitled or 
        for which the employee is otherwise eligible or limit the amount 
        thereof. Any payment made to an inventor as such shall continue 
        after the inventor leaves the laboratory.
            (2) Cumulative payments.--(A) Cumulative payments made under 
        the pilot program while the inventor is still employed at the 
        laboratory shall not exceed $500,000 per year to any one person, 
        unless the Secretary concerned (as defined in section 101(a) of 
        title 10, United States Code) approves a larger award.
            (B) Cumulative payments made under the pilot program after 
        the inventor leaves the laboratory shall not exceed $150,000 per 
        year to any one person, unless the head of the agency approves a 
        larger award (with the excess over $150,000 being treated as an 
        agency award to a former employee under section 4505 of title 5, 
        United States Code).

    (c) Invention Management Services.--Under the pilot program, a 
laboratory receiving royalties or other payments as a result of 
invention management services performed for another Federal agency or 
laboratory under section 207 of title 35, United States Code, may retain 
such royalties or payments to the extent required to offset payments to 
inventors under subparagraph (A) of subsection (a)(1), costs and 
expenses incurred under subparagraph (D) of subsection (a)(2), and the 
cost of foreign patenting and maintenance for any invention of the other 
agency. All royalties and other payments remaining after offsetting the 
payments to inventors, costs, and expenses described in the preceding 
sentence shall be transferred to the agency for which the services were 
performed, for distribution in accordance with subsection (a)(2).
    (d) Certain Assignments.--Under the pilot program, if the invention 
involved was one assigned to the laboratory--
            (1) by a contractor, grantee, or participant, or an employee 
        of a contractor, grantee, or participant, in an agreement or 
        other arrangement with the agency; or
            (2) by an employee of the agency who was not working in the 
        laboratory at the time the invention was made,

the agency unit that was involved in such assignment shall be considered 
to be a laboratory for purposes of this section.
    (e) Sunset.--The pilot program under this section shall terminate 5 
years after the date of the enactment of this Act.
SEC. 234. COMPETITIVE ACQUISITION PLAN FOR LOW PROBABILITY OF 
                        DETECTION DATA LINK NETWORKS.

    (a) Plan Required.--The Under Secretary of Defense for Acquisition, 
Technology, and Logistics and the Vice Chairman of the Joint Chiefs of 
Staff shall jointly, in consultation with the Secretary of the Navy and 
the Secretary of the Air Force, develop a plan to procure a secure, low 
probability of detection data link

[[Page 131 STAT. 1341]]

network capability with the ability to effectively operate in hostile 
jamming environments while preserving the low observable characteristics 
of the relevant platforms, between existing and planned--
            (1) fifth-generation combat aircraft;
            (2) fifth-generation and fourth-generation combat aircraft;
            (3) fifth-generation and fourth-generation combat aircraft 
        and appropriate support aircraft and other network nodes for 
        command, control, communications, intelligence, surveillance, 
        and reconnaissance purposes; and
            (4) fifth-generation and fourth-generation combat aircraft 
        and their associated network-enabled precision weapons.

    (b) Additional Plan Requirements.--The plan required by subsection 
(a) shall include--
            (1) nonproprietary and open systems approaches compatible 
        with the Rapid Capabilities Office Open Mission Systems 
        initiative of the Air Force and the Future Airborne Capability 
        Environment initiative of the Navy;
            (2) a competitive acquisition process, to include 
        comparative flight demonstrations in realistic airborne 
        environments; and
            (3) low risk and affordable solutions with minimal impact or 
        changes to existing host platforms, and minimal overall 
        integration costs.

    (c) Briefing.--Not later than February 15, 2018, the Under Secretary 
and the Vice Chairman shall provide to the congressional defense 
committees a potential acquisition strategy and briefing on the plan 
developed under subsection (a).
    (d) Limitation.--Of the funds authorized to be appropriated by this 
Act or otherwise made available for fiscal year 2018 for operations and 
maintenance for the Office of the Secretary of the Air Force and the 
Office of the Secretary of the Navy, not more than 85 percent may be 
obligated or expended until a period of 15 days has elapsed following 
the date on which the Under Secretary and Vice Chairman submits to the 
congressional defense committees the plan required by subsection (a).
SEC. 235. CLARIFICATION OF SELECTION DATES FOR PILOT PROGRAM FOR 
                        THE ENHANCEMENT OF THE RESEARCH, 
                        DEVELOPMENT, TEST, AND EVALUATION CENTERS 
                        OF THE DEPARTMENT OF DEFENSE.

    Section 233 of the National Defense Authorization Act for Fiscal 
Year 2017 (Public Law 114-328) <<NOTE: 10 USC 2358 note.>>  is amended--
            (1) in subsection (b)(2), by striking ``the enactment of 
        this Act'' both places it appears and inserting ``such 
        submittal''; and
            (2) in subsection (c)(1), by striking ``propose and 
        implement'' and inserting ``submit to the Assistant Secretary 
        concerned a proposal on, and implement,''.
SEC. 236. REQUIREMENT FOR A PLAN TO BUILD A PROTOTYPE FOR A NEW 
                        GROUND COMBAT VEHICLE FOR THE ARMY.

    (a) In General.--Not later than February 1, 2018, the Secretary of 
the Army shall submit to the congressional defense committees a plan to 
build a prototype for a new ground combat vehicle for the Army.
    (b) Contents.--The plan required by subsection (a) shall include the 
following:

[[Page 131 STAT. 1342]]

            (1) A description of how the Secretary intends to exploit 
        the latest enabling component technologies that have the 
        potential to dramatically change basic combat vehicle design and 
        improve lethality, protection, mobility, range, and sustainment, 
        including an analysis of capabilities of the most advanced 
        foreign ground combat vehicles and whether any have 
        characteristics that should inform the development of the Army's 
        prototype vehicle, including whether any United States allies or 
        partners have advanced capabilities that could be directly 
        incorporated in the prototype.
            (2) The schedule, cost, key milestones, and leadership plan 
        to rapidly design and build the prototype ground combat vehicle.
SEC. 237. PLAN FOR SUCCESSFULLY FIELDING THE INTEGRATED AIR AND 
                        MISSILE DEFENSE BATTLE COMMAND SYSTEM.

    (a) Plan Required.--Not later than February 1, 2018, the Secretary 
of the Army shall submit to the congressional defense committees a plan 
to successfully field a suitable, survivable, and effective Integrated 
Air and Missile Defense Battle Command System program.
    (b) Limitation.--Not more than 50 percent of the funds authorized to 
be appropriated by this Act for research, development, test, and 
evaluation may be obligated by the Secretary of the Army for the Army 
Integrated Air and Missile Defense and the Integrated Air and Missile 
Defense Battle Command System until the date on which the plan is 
submitted under subsection (a).

                  TITLE III--OPERATION AND MAINTENANCE

               Subtitle A--Authorization of Appropriations

Sec. 301. Authorization of appropriations.

                   Subtitle B--Energy and Environment

Sec. 311. Military Aviation and Installation Assurance Siting 
           Clearinghouse.
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 the Army cleanup and removal of petroleum, oil, 
           and lubricant associated with the Prinz Eugen.
Sec. 316. Centers for Disease Control study on health implications of 
           per- and polyfluoroalkyl substances contamination in drinking 
           water.
Sec. 317. Sentinel Landscapes Partnership.
Sec. 318. Report on release of radium or radioactive material into the 
           groundwater near the industrial reserve plant in Bethpage, 
           New York.

                  Subtitle C--Logistics and Sustainment

Sec. 321. Reauthorization of multi-trades demonstration project.
Sec. 322. Increased percentage of sustainment funds authorized for 
           realignment to restoration and modernization at each 
           installation.
Sec. 323. Guidance regarding use of organic industrial base.

                           Subtitle D--Reports

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.

[[Page 131 STAT. 1343]]

Sec. 335. Report on effects of climate change on Department of Defense.
Sec. 336. Report on optimization of training in and management of 
           special use airspace.
Sec. 337. Plan for modernized, dedicated Department of the Navy 
           adversary air training enterprise.
Sec. 338. Updated guidance regarding biennial core report.

                        Subtitle E--Other Matters

Sec. 341. Explosive safety board.
Sec. 342. Servicewomen's commemorative partnerships.
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. 345. Temporary installation reutilization authority for arsenals, 
           depots, and plants.
Sec. 346. Comprehensive plan for sharing depot-level maintenance best 
           practices.
Sec. 347. Pilot program for operation and maintenance budget 
           presentation.
Sec. 348. Repurposing and reuse of surplus Army firearms.
Sec. 349. Department of the Navy marksmanship awards.
Sec. 350. Civilian training for National Guard pilots and sensor 
           operator aircrews of MQ-9 unmanned aerial vehicles.
Sec. 351. Training for National Guard personnel on wildfire response.
Sec. 352. Modification of the Second Division Memorial.

               Subtitle A--Authorization of Appropriations

SEC. 301. 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 
operation and maintenance, as specified in the funding table in section 
4301.

                   Subtitle B--Energy and Environment

SEC. 311. MILITARY AVIATION AND INSTALLATION ASSURANCE SITING 
                        CLEARINGHOUSE.

    (a) Codification.--Chapter 7 of title 10, United States Code, is 
amended by inserting after section 183 the following new section:
``Sec. 183a. <<NOTE: 10 USC 183a.>>  Military Aviation and 
                  Installation Assurance Clearinghouse for review 
                  of mission obstructions

    ``(a) Establishment.--(1) The Secretary of Defense shall establish a 
Military Aviation and Installation Assurance Siting Clearinghouse (in 
this section referred to as the `Clearinghouse').
    ``(2) The Clearinghouse 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) The Clearinghouse shall 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. In performing such coordination, the Clearinghouse shall 
provide procedures to ensure affected local military installations are 
consulted.

[[Page 131 STAT. 1344]]

    ``(2) The Clearinghouse shall accelerate the development of planning 
tools necessary to determine the acceptability to the Department of 
Defense of proposals included in an application for an energy project 
submitted pursuant to such section.
    ``(3) The Clearinghouse shall perform such other functions as the 
Secretary of Defense assigns.
    ``(c) Review of Proposed Actions.--(1) Not later than 60 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 Clearinghouse 
shall conduct a preliminary review of such application. The 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 the adverse impact and to 
        minimize risks to national security while allowing the energy 
        project to proceed with development.

    ``(2) If the Clearinghouse finds under paragraph (1) that an energy 
project will have an adverse impact on military operations and 
readiness, the Clearinghouse 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.
    ``(3) At the same time that the Clearinghouse issues to the 
applicant a notice of presumed risk under paragraph (2), the 
Clearinghouse shall provide the same notice to the governor of the State 
in which the project is located and request that the governor provide 
the Clearinghouse any comments the governor believes of relevance to the 
application. The Secretary of Defense shall consider the comments of the 
governor in the Secretary's evaluation of whether the project presents 
an unacceptable risk to the national security of the United States and 
shall include the comments with the finding provided to the Secretary of 
Transportation pursuant to section 44718(f) of title 49.
    ``(4) The Clearinghouse shall develop, in coordination with other 
departments and agencies of the Federal Government, an integrated review 
process to ensure timely notification and consideration of energy 
projects filed with the Secretary of Transportation pursuant to section 
44718 of title 49 that may have an adverse impact on military operations 
and readiness.
    ``(5) The Clearinghouse 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.
    ``(6) The Clearinghouse 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 of 
Defense under this section. The procedures shall provide for filing by 
such parties of a project area and preliminary

[[Page 131 STAT. 1345]]

project layout at least one year before expected construction of any 
project proposed within a military training route or within line-of-
sight of any air route surveillance radar or airport surveillance radar 
operated or used by the Department of Defense in order to provide 
adequate time for analysis and negotiation of mitigation options. 
Material marked as proprietary or competition sensitive by a party 
filing for this preliminary review shall be protected from public 
release by the Department of Defense.
    ``(d) Comprehensive Review.--(1) The Secretary of Defense shall 
develop a comprehensive strategy for addressing the impacts upon the 
military 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 shall--
            ``(A) assess the magnitude of interference posed by projects 
        filed with the Secretary of Transportation pursuant to section 
        44718 of title 49;
            ``(B) solely for the purpose of informing preliminary 
        reviews under subsection (c)(1) and early outreach efforts under 
        subsection (c)(5), identify distinct geographic areas selected 
        as proposed locations for projects filed, or for projects that 
        are reasonably expected to be filed in the near future, with the 
        Secretary of Transportation pursuant to section 44718 of title 
        49 where the Secretary of Defense can demonstrate such projects 
        could have an adverse impact on military operations and 
        readiness, including military training routes, and categorize 
        the risk of adverse impact in such areas;
            ``(C) develop procedures for the initial identification of 
        such geographic areas identified under subparagraph (B), to 
        include a process to provide notice and seek public comment 
        prior to making a final designation of the geographic areas, 
        including maps of the area and the basis for identification;
            ``(D) develop procedures to periodically review and modify, 
        consistent with the notice and public comment process under 
        subparagraph (C), geographic areas identified under subparagraph 
        (B) and to solicit and identify additional geographic areas as 
        appropriate;
            ``(E) at the conclusion of the notice and public comment 
        period conducted under subparagraph (C), make a final finding on 
        the designation of a geographic area of concern or delegate the 
        authority to make such finding to a Deputy Secretary of Defense, 
        an Under Secretary of Defense, or a Principal Deputy Under 
        Secretary of Defense; and
            ``(F) 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;

[[Page 131 STAT. 1346]]

                    ``(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 with the Secretary of 
                Transportation pursuant to section 44718 of title 49, 
                including changes in size, location, or technology.

    ``(3) The Clearinghouse shall make access to data reflecting 
geographic areas identified under subparagraph (B) of paragraph (2) and 
reviewed and modified under subparagraph (C) of such paragraph available 
online.
    ``(e) Department of Defense Finding 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, 
except in a case in which the Secretary of Defense determines, after 
giving full consideration to mitigation actions identified pursuant to 
this section, that such project, in isolation or cumulatively with other 
projects, would result in an unacceptable risk to the national security 
of the United States. The Secretary of Defense's finding of unacceptable 
risk to national security shall be transmitted to the Secretary of 
Transportation for inclusion in the report required under section 
44718(b)(2) of title 49.
    ``(2)(A) Not later than 30 days after making a finding of 
unacceptable risk under paragraph (1), the Secretary of Defense shall 
submit to the congressional defense committees, the Committee on 
Commerce, Science, and Transportation of the Senate, and the Committee 
on Transportation and Infrastructure of the House of Representatives a 
report on such finding and the basis for such finding. Such report shall 
include an explanation of the operational impact that led to the 
finding, a discussion of the mitigation options considered, and an 
explanation of why the mitigation options were not feasible or did not 
resolve the conflict. The report may include a classified annex. 
Unclassified reports shall also be provided to the project proponent. 
The Secretary of Defense may provide public notice through the Federal 
Register of the finding.
    ``(B) The Secretary of Defense shall notify the appropriate State 
agency of a finding made under paragraph (1).
    ``(3) The Secretary of Defense may only delegate the responsibility 
for making a finding of unacceptable risk under paragraph (1) to the 
Deputy Secretary of Defense, an under secretary of defense, or a deputy 
under secretary of defense.
    ``(4) The Clearinghouse shall develop procedures for making a 
finding of unacceptable risk, including with respect to how to implement 
cumulative effects analysis. Such procedures shall be subject to public 
comment prior to finalization.
    ``(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.

[[Page 131 STAT. 1347]]

    ``(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) 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 the Secretary of Defense can demonstrate 
        would--
                    ``(A) endanger safety in air commerce directly 
                related to the activities of the Department of Defense;
                    ``(B) interfere with the efficient use of the 
                navigable airspace directly related to the activities of 
                the Department of Defense; or
                    ``(C) significantly impair or degrade the capability 
                of the Department of Defense to conduct training, 
                research, development, testing, and evaluation, and 
                operations or to maintain military readiness.''.

    (b) Conforming and Clerical Amendments.--
            (1) Repeal of existing provision.--Section 358 of the Ike 
        Skelton National Defense Authorization Act for Fiscal Year 2011 
        (49 U.S.C. 44718 note) is repealed.
            (2) Cross-reference in title 49, united states code.--
        Section 44718(f) of title 49, United States Code, is amended by 
        inserting ``and in accordance with section 183a(e) of title 10'' 
        after ``conducted under subsection (b)''.
            (3) 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(g) of title 10''.

[[Page 131 STAT. 1348]]

            (4) Table of sections amendment.--The table of sections at 
        the beginning of chapter 7 of title 10 <<NOTE: 10 USC 171 
        prec.>>  is amended by inserting after the item relating to 
        section 183 the following new item:

``183a. Military Aviation and Installation Assurance Siting 
           Clearinghouse for review of mission obstructions.''.

    (c) <<NOTE: 10 USC 183a note.>>  Applicability of Existing Rules and 
Regulations.--Notwithstanding the amendments made by subsection (a), any 
rule or regulation promulgated to carry out section 358 of the Ike 
Skelton National Defense Authorization Act for Fiscal Year 2011 (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 subsection (a), until 
such rule or regulation is otherwise amended or repealed.

    (d) <<NOTE: 10 USC 183a note.>>  Deadline for Initial Identification 
of Geographic Areas.--The initial identification of geographic areas 
under section 183a(d)(2)(B) of title 10, United States Code, as added by 
subsection (a), shall be completed not later than 180 days after the 
date of the enactment of this Act.

    (e) Conforming Amendment Regarding Critical Military-use Airspace 
Areas.--Section 44718 of title 49, United States Code, as amended by 
subsection (b)(3), 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 section 183a(d)(2)(B) of title 10, the Secretary of Transportation 
may not issue a determination pursuant to this section until the 
Secretary of Defense issues a finding under section 183a(e) of title 10, 
the Secretary of Defense advises the Secretary of Transportation that no 
finding under section 183a(e) of title 10 will be forthcoming, or 180 
days have lapsed since the project was filed with the Secretary of 
Transportation pursuant to this section, whichever occurs first.''.
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.--

[[Page 131 STAT. 1349]]

            (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 THE ARMY CLEANUP AND REMOVAL OF PETROLEUM, 
                        OIL, AND LUBRICANT ASSOCIATED WITH THE 
                        PRINZ EUGEN.

    (a) Authority.--Amounts authorized to be appropriated for the 
Department of the Army 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

[[Page 131 STAT. 1350]]

from the United States to the Republic of the Marshall Islands in 1986.
    (b) Certification.--If the Secretary of the Army does not use the 
authority provided by subsection (a), the Secretary shall submit a 
certification to the congressional defense committees not later than 
September 30, 2018, that the petroleum, oil, and lubricants associated 
with the heavy cruiser Prinz Eugen do not adversely impact safety or 
military operations.
SEC. 316. CENTERS FOR DISEASE CONTROL STUDY ON HEALTH IMPLICATIONS 
                        OF PER- AND POLYFLUOROALKYL SUBSTANCES 
                        CONTAMINATION IN DRINKING WATER.

    (a) Study on Human Health Implications.--
            (1) In general.--The Secretary of Health and Human Services, 
        acting through the Centers for Disease Control and Prevention 
        and the Agency for Toxic Substances and Disease Registry, and, 
        as appropriate, the National Institute of Environmental Health 
        Sciences, and in consultation with the Department of Defense, 
        shall--
                    (A) commence a study on the human health 
                implications of per- and polyfluoroalkyl substances 
                (PFAS) contamination in drinking water, ground water, 
                and any other sources of water and relevant exposure 
                pathways, including the cumulative human health 
                implications of multiple types of PFAS contamination at 
                levels above and below health advisory levels;
                    (B) not later than 5 years after the date of 
                enactment of this Act (or 7 years after such date of 
                enactment after providing notice to the appropriate 
                congressional committees of the need for the delay)--
                          (i) complete such study and make any 
                      appropriate recommendations; and
                          (ii) submit a report to the appropriate 
                      congressional committees on the results of such 
                      study; and
                    (C) not later than one year after the date of the 
                enactment of this Act, and annually thereafter until 
                submission of the report under subparagraph (B)(ii), 
                submit to the appropriate congressional committees a 
                report on the progress of the study.
            (2) Funding.--Of the amounts authorized to be appropriated 
        by this Act for the Department of Defense, $7,000,000 shall be 
        available to carry out the study under this subsection.
            (3) Appropriate congressional committees defined.--In this 
        subsection, the term ``appropriate congressional committees'' 
        means--
                    (A) the congressional defense committees;
                    (B) the Committee on Heath, Education, Labor, and 
                Pensions, the Committee on Environment and Public Works, 
                and the Committee on Veterans' Affairs of the Senate; 
                and
                    (C) the Committee on Energy and Commerce and the 
                Committee on Veterans' Affairs of the House of 
                Representatives.

    (b) Exposure Assessment.--
            (1) In general.--The Secretary of Health and Human Services, 
        acting through the Centers for Disease Control and Prevention 
        and the Agency for Toxic Substances and Disease

[[Page 131 STAT. 1351]]

        Registry, and, as appropriate, the National Institute of 
        Environmental Health Sciences, and in consultation with the 
        Department of Defense, shall conduct an exposure assessment of 
        no less than 8 current or former domestic military installations 
        known to have PFAS contamination in drinking water, ground 
        water, and any other sources of water and relevant exposure 
        pathways.
            (2) Contents.--The exposure assessment required under this 
        subsection shall--
                    (A) include--
                          (i) for each military installation covered 
                      under the exposure assessment, a statistical 
                      sample to be determined by the Secretary of Health 
                      and Human Services in consultation with the 
                      relevant State health departments; and
                          (ii) bio-monitoring for assessing the 
                      contamination described in paragraph (1); and
                    (B) produce findings, which shall be--
                          (i) used to help design the study described in 
                      subsection (a)(1)(A); and
                          (ii) released to the appropriate congressional 
                      committees not later than 1 year after the 
                      conclusion of such exposure assessment.
            (3) Timing.--The exposure assessment required under this 
        subsection shall--
                    (A) begin not later than 180 days after the date of 
                enactment of this Act; and
                    (B) conclude not later than 2 years after such date 
                of enactment.

    (c) Coordination With Other Agencies.--The Agency for Toxic 
Substance and Disease Registry may, as necessary, use staff and other 
resources from other Federal agencies in carrying out the study under 
subsection (a) and the assessment under subsection (b).
    (d) No Effect on Regulatory Process.--The study and assessment 
conducted under this section shall not interfere with any regulatory 
processes of the Environmental Protection Agency, including 
determinations of maximum contaminant levels.
SEC. 317. <<NOTE: 10 USC 2684a note.>>  SENTINEL LANDSCAPES 
                        PARTNERSHIP.

    (a) Establishment.--The Secretary of Defense, in coordination with 
the Secretary of Agriculture and the Secretary of the Interior, may 
establish and carry out a program to preserve sentinel landscapes. The 
program shall be known as the ``Sentinel Landscapes Partnership''.
    (b) Designation of Sentinel Landscapes.--The Secretary of Defense, 
the Secretary of Agriculture, and the Secretary of the Interior, may, as 
the Secretaries determine appropriate, collectively designate one or 
more sentinel landscapes.
    (c) Coordination of Activities.--The Secretaries may coordinate 
actions between their departments and with other agencies and private 
organizations to more efficiently work together for the mutual benefit 
of conservation, working lands, and national defense, and to encourage 
private landowners to engage in voluntary land management and 
conservation activities that contribute to the sustainment of military 
installations, ranges, and airspace.

[[Page 131 STAT. 1352]]

    (d) Priority Consideration.--The Secretary of Agriculture and the 
Secretary of the Interior may give to any eligible landowner or 
agricultural producer within a designated sentinel landscape priority 
consideration for participation in any easement, grant, or assistance 
programs administered by that Secretary's department. Participation in 
any such program pursuant to this section shall be voluntary.
    (e) Definitions.--In this section:
            (1) Military installation.--The term ``military 
        installation'' has the same meaning as provided in section 
        670(1) of title 16, United States Code.
            (2) State-owned national guard installation.--The term 
        ``State-owned National Guard installation'' has the same meaning 
        as provided in section 670(3) of title 16, United States Code.
            (3) Sentinel landscape.--The term ``sentinel landscape'' 
        means a landscape-scale area encompassing--
                    (A) one or more military installations or state-
                owned National Guard installations and associated 
                airspace; and
                    (B) the working or natural lands that serve to 
                protect and support the rural economy, the natural 
                environment, outdoor recreation, and the national 
                defense test and training missions of the military- or 
                State-owned National Guard installation or 
                installations.

    (f) Conforming Amendment.--Section 312(b) of the National Defense 
Authorization Act for Fiscal Year 2014 (Public Law 113-66; 127 Stat. 
729; 10 U.S.C. 2684a note) is repealed.
SEC. 318. REPORT ON RELEASE OF RADIUM OR RADIOACTIVE MATERIAL INTO 
                        THE GROUNDWATER NEAR THE INDUSTRIAL 
                        RESERVE PLANT IN BETHPAGE, NEW YORK.

    Not later than 120 days after the date of the enactment of this Act, 
the Secretary of Defense shall submit to Congress an addendum to the 
report submitted to Congress in June 2017 entitled ``2017 Annual Report 
For Groundwater Impacts at Naval Weapons Industrial Reserve Plant 
Bethpage, New York'' that would detail any releases by the Department of 
Defense of radium or radioactive material into the groundwater within a 
75-mile radius of the industrial reserve plant in Bethpage, New York.

                  Subtitle C--Logistics and Sustainment

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''.

[[Page 131 STAT. 1353]]

SEC. 322. <<NOTE: 10 USC 2661 note.>>  INCREASED PERCENTAGE OF 
                        SUSTAINMENT FUNDS AUTHORIZED FOR 
                        REALIGNMENT TO RESTORATION AND 
                        MODERNIZATION AT EACH INSTALLATION.

    (a) In General.--The Secretary of Defense may authorize an 
installation commander to realign up to 7.5 percent of an installation's 
sustainment funds to restoration and modernization.
    (b) Sunset.--The authority under subsection (a) shall expire at the 
close of September 30, 2022.
    (c) Definitions.--The terms ``sustainment'', ``restoration'', and 
``modernization'' have the meanings given the terms in the Department of 
Defense Financial Management Regulation.
SEC. 323. <<NOTE: 10 USC 4551 note.>>  GUIDANCE REGARDING USE OF 
                        ORGANIC INDUSTRIAL BASE.

    Not later than 90 days after the date of the enactment of this Act, 
the Secretary of the Army shall establish clear and prescriptive 
guidance on the process for conducting make-or-buy analyses for Army 
requirements, including the use of the organic industrial base.

                           Subtitle D--Reports

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--

[[Page 131 STAT. 1354]]

            ``(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''; and
                    (B) by striking ``The report'' and inserting the 
                following:
            ``(2) The annual report required by paragraph (1)''; and

[[Page 131 STAT. 1355]]

            (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 2020, the Chief of the 
National Guard Bureau, in coordination with the Secretary of Defense, 
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;
            ``(E) take into account threat and hazard identifications 
        and risk assessments of the Department of Defense, the 
        Department of Homeland Security, and the States; and
            ``(F) assess the budgets of each State to support the 
        personnel, training, and equipment requirements of the non-
        Federalized National Guard.

    ``(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.--

[[Page 131 STAT. 1356]]

            (1) Section heading.--The heading of such section is amended 
        to read as follows:
``Sec. 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, <<NOTE: 10 USC 10501 prec.>>  is amended by striking the 
        item relating to section 10504 and inserting the following:

``10504. Chief of National Guard Bureau: annual reports.''.

SEC. 334. <<NOTE: 10 USC 2302 note.>>  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 this Act, 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.

[[Page 131 STAT. 1357]]

            (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. 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

[[Page 131 STAT. 1358]]

        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:

[[Page 131 STAT. 1359]]

                    (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 under paragraph (1) shall be 
        submitted in unclassified form, but may contain a classified 
        annex.
SEC. 336. REPORT ON OPTIMIZATION OF TRAINING IN AND MANAGEMENT OF 
                        SPECIAL USE AIRSPACE.

    (a) In General.--Not later than 120 days after the date of the 
enactment of this Act, the Director of the Bases, Ranges, and Airspace 
Directorate of the Air Force and the Administrator of the Federal 
Aviation Administration shall submit to Congress a report on 
optimization of training in and management of special use airspace that 
includes the following:
            (1) Best practices for the management of special use 
        airspace, including practices that--
                    (A) result in cost savings relating to training;
                    (B) increase training opportunities for airmen;
                    (C) increase joint use of such airspace;
                    (D) improve coordination with respect to such 
                airspace with--
                          (i) the Federal Aviation Administration;
                          (ii) Indian tribes;
                          (iii) airports, civilian aircraft operators, 
                      and local communities; and
                          (iv) private landowners and other 
                      stakeholders; or
                    (E) improve the coordination of large force 
                exercises, including the use of waivers or other 
                exceptional measures.
            (2) An assessment of whether the capacity of ranges, 
        including limitations on flight operations, is adequate to meet 
        current and future training needs.
            (3) An assessment of whether the establishment of a 
        dedicated squadron for the purpose of coordinating the use of a 
        special use airspace at the installation located in that 
        airspace would improve the achievement of the objectives 
        described in subparagraphs (A) through (E) of paragraph (1).
            (4) An assessment of the processes in place to consider, 
        evaluate, and mitigate special use airspace impacts to the 
        public right of transit through navigable airspace and the safe 
        and efficient use of the National Airspace System by commercial 
        and general aviation.

[[Page 131 STAT. 1360]]

            (5) Recommendations for improving the management and 
        utilization of special use airspace to meet the objectives 
        described in subparagraphs (A) through (E) of paragraph (1) and 
        to address any gaps in capacity identified under paragraph (2).

    (b) Special Use Airspace Defined.--In this section, the term 
``special use airspace'' means special use airspace designated under 
part 73 of title 14, Code of Federal Regulations.
SEC. 337. PLAN FOR MODERNIZED, DEDICATED DEPARTMENT OF THE NAVY 
                        ADVERSARY AIR TRAINING ENTERPRISE.

    (a) Plan Required.--The Chief of Naval Operations and the Commandant 
of the Marine Corps shall develop a plan--
            (1) to establish a modernized, dedicated adversary air 
        training enterprise for the Department of the Navy in order to--
                    (A) maximize warfighting effectiveness and synergies 
                of the current and planned fourth and fifth generation 
                combat air forces through optimized training and 
                readiness; and
                    (B) harness intelligence analysis, emerging live-
                virtual-constructive training technologies, range 
                infrastructure improvements, and results of 
                experimentation and prototyping efforts in operational 
                concept development;
            (2) to explore all available opportunities to challenge the 
        combat air forces of the Department of the Navy with threat 
        representative adversary-to-friendly aircraft ratios, known and 
        emerging adversary tactics, and high-fidelity replication of 
        threat airborne and ground capabilities; and
            (3) to execute all means available to achieve training and 
        readiness goals and objectives of the Navy and Marine Corps with 
        demonstrated institutional commitment to the adversary air 
        training enterprise through the application of Department of the 
        Navy policy and resources, partnering with the other Armed 
        Forces, allies, and friends, and employing the use of industry 
        contracted services.

    (b) Plan Elements.--The plan required under subsection (a) shall 
include enterprise goals, objectives, concepts of operations, phased 
implementation timelines, analysis of expected readiness improvements, 
prioritized resource requirements, and such other matters as the Chief 
of Naval Operations and Commandant of the Marine Corps consider 
appropriate.
    (c) Submittal of Plan and Briefing.--Not later than March 1, 2018, 
the Chief of Naval Operations and Commandant of the Marine Corps shall 
provide to the Committees on Armed Services of the Senate and the House 
of Representatives a written plan and briefing on the plan required 
under subsection (a).
SEC. 338. <<NOTE: 10 USC 2464 note.>>  UPDATED GUIDANCE REGARDING 
                        BIENNIAL CORE REPORT.

    To ensure that the biennial core reporting procedures of the 
Department of Defense align with the requirements of section 2464 of 
title 10, United States Code, and that each reporting agency provides 
accurate and complete information, the Secretary of Defense shall direct 
the Under Secretary of Defense for Acquisition, Technology and Logistics 
to update the Department of Defense Guidance, in particular Department 
of Defense Instruction 4151.20, to require future biennial core reports 
include instructions to the reporting agencies on how to--

[[Page 131 STAT. 1361]]

            (1) report additional depot workload performed that has not 
        been identified as a core requirement;
            (2) accurately capture inter-service workload;
            (3) calculate shortfalls; and
            (4) estimate the cost of planned workload.

                        Subtitle E--Other Matters

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 ``The Secretaries of the military 
        departments'' and inserting ``(a) In General.--The 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'';
            (8) by striking ``keep informed on stored'' and inserting 
        ``provide oversight on storage and transportation of''; and
            (9) by adding at the end the following new subsection:

    ``(b) Oversight by Secretaries of the Military Departments.--The 
Secretaries of the military departments shall provide research, 
development, test, evaluation, and manufacturing oversight for energetic 
materials supporting military requirements.''.
    (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 <<NOTE: 10 USC 171 prec.>>  
        is amended by striking the item relating to section 172 and 
        inserting the following new item:

``172. Explosive safety board.''.

SEC. 342. <<NOTE: 10 USC 113 note.>>  SERVICEWOMEN'S COMMEMORATIVE 
                        PARTNERSHIPS.

    (a) In General.--The Secretary of Defense may provide not more than 
$5,000,000 in 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 military. The Secretary may enter into a contract, 
partnership, or grant with a non-profit organization for the purpose of 
performing such acquisition, installation, and maintenance.
    (b) Purposes.--The contracts, partnerships, or grants shall be 
limited to serving the purposes of--
            (1) preserving the history of the 3,000,000 women who have 
        served in the United States Armed Forces;
            (2) managing an archive of artifacts, historic memorabilia, 
        and documents related to servicewomen;
            (3) maintaining a women veterans' oral history program; and

[[Page 131 STAT. 1362]]

            (4) conducting other educational programs related to women 
        in service.
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 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 Committees on Armed Services of the 
        Senate and 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 Committees on Armed Services of the Senate 
        and 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. <<NOTE: 10 USC 2302 note.>>  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 
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

[[Page 131 STAT. 1363]]

            (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. 345. <<NOTE: 10 USC 2667 note.>>  TEMPORARY INSTALLATION 
                        REUTILIZATION AUTHORITY FOR ARSENALS, 
                        DEPOTS, AND PLANTS.

    (a) Modified Authority.--In the case of a military manufacturing 
arsenal, depot, or plant, the Secretary of the Army may authorize up to 
10 leases and contracts per fiscal year under section 2667 of title 10, 
United States Code, for a term of up to 25 years, notwithstanding 
subsection (b)(1) of such section, if the Secretary determines that a 
lease or contract of that duration will promote the national defense for 
the purpose of--
            (1) helping to maintain the viability of the military 
        manufacturing arsenal, depot, or plant and any military 
        installations on which it is located;
            (2) eliminating, or at least reducing, the cost of 
        Government ownership of the military manufacturing arsenal, 
        depot, or plant, including the costs of operations and 
        maintenance, the costs of environmental remediation, and other 
        costs; and
            (3) leveraging private investment at the military 
        manufacturing arsenal, depot, or plant through long-term 
        facility use contracts, property management contracts, leases, 
        or other agreements that support and advance the preceding 
        purposes.

    (b) Delegation and Review Process.--
            (1) In general.--The Secretary of the Army may delegate the 
        authority provided by this section to the commander of the major 
        subordinate command of the Army that has responsibility for the 
        military manufacturing arsenal, depot, or plant or, if part of a 
        larger military installation, the installation as a whole. The 
        commander may approve a lease or contract under such authority 
        on a case-by-case basis or a class basis.
            (2) Notice of approval.--Upon any approval of a lease or 
        contract by a commander pursuant to a delegation of authority 
        under paragraph (1), the commander shall notify the Chief of the 
        Army Corps of Engineers and Congress of the approval.
            (3) Review period.--Any lease or contract that is approved 
        utilizing the delegation authority under paragraph (1) is 
        subject to a 90-day hold period so that the Chief of the Army 
        Corps of Engineers may review the lease or contract pursuant to 
        paragraph (4).
            (4) Disposition of review.--If the Chief of the Army Corps 
        of Engineers disapproves of a contract or lease submitted for 
        review under paragraph (3), the agreement shall be null and void 
        upon transmittal by the Chief of the Army Corps of Engineers to 
        the delegating authority of a written disapproval, including a 
        justification for such disapproval, within the 90-day hold 
        period. If no such disapproval is transmitted within the 90-day 
        hold period, the agreement shall be deemed approved.
            (5) Approval of revised agreement.--If, not later than 60 
        days after receiving a disapproval under paragraph (4), the 
        delegating authority submits to the Chief of the Army Corps of 
        Engineers a new contract or lease that addresses

[[Page 131 STAT. 1364]]

        the concerns of the Chief of the Army Corps of Engineers 
        outlined in such disapproval, the new contract or lease shall be 
        deemed approved unless the Chief of the Army Corps of Engineers 
        transmits to the delegating authority a disapproval of the new 
        contract or lease within 30 days of such submission.

    (c) Military Manufacturing Arsenal, Depot, or Plant Defined.--In 
this section, the term ``military manufacturing arsenal, depot, or 
plant'' means a Government-owned, Government-operated defense plant of 
the Army that manufactures weapons, weapon components, or both.
    (d) Sunset.--The authority under this section shall terminate at the 
close of September 30, 2020. Any contracts entered into on or before 
such date shall continue in effect according to their terms.
SEC. 346. COMPREHENSIVE PLAN FOR SHARING DEPOT-LEVEL MAINTENANCE 
                        BEST PRACTICES.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
congressional defense committees a comprehensive plan for the sharing of 
best practices for depot-level maintenance among the military services.
    (b) Elements.--The comprehensive plan required under subsection (a) 
shall cover the sharing of best practices with regard to--
            (1) programing and scheduling;
            (2) core capability requirements;
            (3) workload;
            (4) personnel management, development, and sustainment;
            (5) induction, duration, efficiency, and completion metrics;
            (6) parts, supply, tool, and equipment management;
            (7) capital investment and manufacturing and production 
        capability; and
            (8) inspection and quality control.
SEC. 347. PILOT PROGRAM FOR OPERATION AND MAINTENANCE BUDGET 
                        PRESENTATION.

    (a) In General.--Along with the budget for fiscal years 2019, 2020, 
and 2021 submitted by the President pursuant to section 1105(a) of title 
31, United States Code, the Secretary of Defense and the Secretaries of 
the military departments shall submit to the Committees on Armed 
Services of the Senate and the House of Representatives an annex for the 
following Operation and Maintenance sub-activity groups (SAG):
            (1) For the Army:
                    (A) SAG 111 - Maneuver Units.
                    (B) SAG 123 - Land Forces Depot Maintenance.
                    (C) SAG 131 - Base Operations Support.
                    (D) SAG 322 - Flight Training.
            (2) For the Navy:
                    (A) SAG 1A5A - Aircraft Depot Maintenance.
                    (B) SAG 1B1B - Mission and Other Ship Operations.
                    (C) SAG 1B4B - Ship Depot Maintenance.
                    (D) SAG BSS1 - Base Operating Support.
            (3) For the Marine Corps:
                    (A) SAG 1A1A - Operational Forces.
                    (B) SAG 1A3A - Depot Maintenance.
                    (C) SAG 1B1B - Field Logistics.

[[Page 131 STAT. 1365]]

                    (D) SAG BSS1 - Base Operating Support.
            (4) For the Air Force:
                    (A) SAG 011A - Primary Combat Forces.
                    (B) SAG 011Y - Flying Hour Program.
                    (C) SAG 011Z - Base Support.
                    (D) SAG 021M - Depot Maintenance.

    (b) Elements.--The annex required under subsection (a) shall include 
the following elements:
            (1) A summary by appropriation account with subtotals for 
        Department of Defense components.
            (2) A summary of each appropriation account by budget 
        activity, activity group, and sub-activity group with budget 
        activity and activity group subtotals and an appropriation 
        total.
            (3) A detailed sub-activity group by program element and 
        expense aggregate listing in budget activity and activity group 
        sequence.
            (4) A rollup document by sub-activity group with 
        accompanying program element funding with the PB-61 program 
        element tags included.
            (5) A summary of each depot maintenance facility with 
        information on workload, work force, sources of funding, and 
        expenses similar to the exhibit on Mission Funded Naval 
        Shipyards included with the 2012 Navy Budget Justification.
            (6) A summary of contractor logistics support for each 
        program element, including a measure of workload and unit cost.

    (c) Formatting.--The annex required under subsection (a) shall be 
formatted in accordance with relevant Department of Defense financial 
management regulations that provide guidance for budget submissions to 
Congress.
SEC. 348. <<NOTE: 10 USC 4681 note prec.>>  REPURPOSING AND REUSE 
                        OF SURPLUS ARMY FIREARMS.

    (a) Required Transfer.--Not later than 90 days after the date of the 
enactment of this Act, and subject to subsection (c), the Secretary of 
the Army shall transfer to a suitable organic facility all excess 
firearms, related spare parts and components, small arms ammunition, and 
ammunition components currently stored at Defense Distribution Depot, 
Anniston, Alabama, that are no longer actively issued for military 
service and that are otherwise prohibited from commercial sale, or 
distribution, under Federal law.
    (b) Repurposing and Reuse.--The items specified for transfer under 
subsection (a) shall be melted and repurposed for military use as 
determined by the Secretary of the Army, including--
            (1) the reforging of new firearms or their components; and
            (2) force protection barriers and security bollards.

    (c) Items Exempt From Transfer.--M-1 Garand, caliber .45 M1911/
M1911A1 pistols, caliber .22 rimfire rifles, and such additional items 
as designated by the Secretary in the annual report required under 
subsection (d) are not subject to the transfer requirement under 
subsection (a).
    (d) Annual Report.--Not later than 5 days after the budget of the 
President for a fiscal year is submitted to Congress under section 1105 
of title 31, United States Code, the Secretary of the Army, in 
coordination with the Director of the Defense Logistics Agency, shall 
submit to the Committees on Armed Services of

[[Page 131 STAT. 1366]]

the Senate and the House of Representatives a report specifying 
additional excess firearms, related spare parts and components, small 
arms ammunition, and ammunition components designated as no longer 
actively issued for military service and that are otherwise prohibited 
from commercial sale, or distribution, under Federal law. The Secretary 
of the Army shall designate these items to either be added to the 
transfer list for the purposes described under subsection (b) or the 
list of items exempted under subsection (c). The report may not include 
the redesignation or change in status of items previously designated for 
transfer or exemption pursuant to subsections (a) or (c).
    (e) Actions Pursuant to Annual Report.--The Secretary of the Army 
may not take any action to transfer items designated in the report 
submitted under subsection (d) until the date of the enactment of the 
National Defense Authorization Act for the fiscal year following the 
year such report is submitted. Upon enactment of such Act, the Secretary 
shall transfer or exempt the items so designated.
SEC. 349. DEPARTMENT OF THE NAVY MARKSMANSHIP AWARDS.

    Section 40728 of title 36, United States Code, is amended by adding 
at the end the following new subsection:
    ``(i) Authorized Navy Transfers.--(1) Notwithstanding subsections 
(a) and (b), the Secretary of the Navy may transfer to the corporation, 
in accordance with the procedures prescribed in this subchapter, M-1 
Garand and caliber .22 rimfire rifles held within the inventories of the 
United States Navy and the United States Marine Corps and stored at 
Defense Distribution Depot, Anniston, Alabama, or Naval Surface Warfare 
Center, Crane, Indiana, as of the date of the enactment of the National 
Defense Authorization Act for Fiscal Year 2018.
    ``(2) The items specified for transfer under paragraph (1)--
            ``(A) shall be used as awards for competitors in 
        marksmanship competitions held by the United States Marine Corps 
        or the United States Navy and may not be resold; and
            ``(B) shall be rendered inoperable prior to award and 
        transfer to marksmanship competitors.''.
SEC. 350. CIVILIAN TRAINING FOR NATIONAL GUARD PILOTS AND SENSOR 
                        OPERATOR AIRCREWS OF MQ-9 UNMANNED AERIAL 
                        VEHICLES.

    (a) Contracts for Training.--Subject to subsection (c), the 
Secretary of the Air Force may enter into one or more contracts with 
appropriate civilian entities in order to provide flying or operating 
training for Air National Guard pilots and sensor operator aircrew 
members in the MQ-9 unmanned aerial vehicle if the Secretary of the Air 
Force determines that--
            (1) Air Force training units lack sufficient capacity to 
        train such pilots or sensor operator aircrew members for initial 
        qualification in the MQ-9 unmanned aerial vehicle;
            (2) pilots or sensor operator aircrew members of Air 
        National Guard units require continuation training in order to 
        remain current and qualified in the MQ-9 unmanned aerial 
        vehicle;
            (3) non-combat continuation training in the MQ-9 unmanned 
        aerial vehicle is necessary for such pilots or sensor operator 
        aircrew members to achieve required levels of flying or 
        operating proficiency; and

[[Page 131 STAT. 1367]]

            (4) such training for such pilots or sensor operator aircrew 
        members is necessary in order to meet requirements for the Air 
        National Guard to provide pilots and sensor operator aircrew 
        members qualified in the MQ-9 unmanned aerial vehicle for 
        operations on active duty and in State status.

    (b) Nature of Training Under Contracts.--Any training provided 
pursuant to a contract under subsection (a) shall incorporate a level of 
instruction that is equivalent to the instruction in the MQ-9 unmanned 
aerial vehicle provided to pilots and sensor operator aircrew members at 
Air Force training units, as determined by the Secretary of the Air 
Force.
    (c) Authority Contingent on Certification and Notice and Wait 
Period.--The Secretary of the Air Force may not use the authority in 
subsection (a) unless and until the Secretary of the Air Force certifies 
to the congressional defense committees in writing, 90 days in advance 
of executing such authority provided in subsection (a), that the use of 
the authority is necessary to provide required flying or operating 
training for Air National Guard pilots and sensor operator aircrew 
members in the MQ-9 unmanned aerial vehicle.
SEC. 351. <<NOTE: 32 USC 501 note.>>  TRAINING FOR NATIONAL GUARD 
                        PERSONNEL ON WILDFIRE RESPONSE.

    The Secretary of the Army and the Secretary of the Air Force may, in 
consultation with the Chief of the National Guard Bureau, provide 
support for training of appropriate personnel of the National Guard on 
wildfire response and prevention, with preference given to military 
installations with the highest wildfire suppression need.
SEC. 352. <<NOTE: 40 USC 8903 note.>>  MODIFICATION OF THE SECOND 
                        DIVISION MEMORIAL.

    (a) Authorization.--The Second Indianhead Division Association, 
Inc., Scholarship and Memorials Foundation, an organization described in 
section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from 
taxation under section 501(a) of that Code, may place additional 
commemorative elements or engravings on the raised platform or stone 
work of the existing Second Division Memorial located in President's 
Park, between 17th Street Northwest and Constitution Avenue in the 
District of Columbia, to further honor the members of the Second 
Infantry Division who have given their lives in service to the United 
States.
    (b) Application of Commemorative Works Act.--Chapter 89 of title 40, 
United States Code (commonly known as the ``Commemorative Works Act''), 
shall apply to the design and placement of the commemorative elements or 
engravings authorized under subsection (a).
    (c) Funding.--Federal funds may not be used for modifications of the 
Second Division Memorial authorized under subsection (a).

               TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                        Subtitle A--Active Forces

Sec. 401. End strengths for active forces.
Sec. 402. Revisions in permanent active duty end strength minimum 
           levels.

                       Subtitle B--Reserve Forces

Sec. 411. End strengths for Selected Reserve.

[[Page 131 STAT. 1368]]

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. 416. Number of members of the National Guard on full-time duty in 
           support of the reserves within the National Guard Bureau.

               Subtitle C--Authorization of Appropriations

Sec. 421. Military personnel.

                        Subtitle A--Active Forces

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, 483,500.
            (2) The Navy, 327,900.
            (3) The Marine Corps, 186,000.
            (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, 483,500.
            ``(2) For the Navy, 327,900.
            ``(3) For the Marine Corps, 186,000.
            ``(4) For the Air Force, 325,100.''.

                       Subtitle B--Reserve Forces

SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

    (a) In General.--The Armed Forces are authorized strengths for 
Selected Reserve personnel of the reserve components as of September 30, 
2018, as follows:
            (1) The Army National Guard of the United States, 343,500.
            (2) The Army Reserve, 199,500.
            (3) The Navy Reserve, 59,000.
            (4) The Marine Corps Reserve, 38,500.
            (5) The Air National Guard of the United States, 106,600.
            (6) The Air Force Reserve, 69,800.
            (7) The Coast Guard Reserve, 7,000.

    (b) End Strength Reductions.--The end strengths prescribed by 
subsection (a) for the Selected Reserve of any reserve component shall 
be proportionately reduced by--
            (1) the total authorized strength of units organized to 
        serve as units of the Selected Reserve of such component which 
        are on active duty (other than for training) at the end of the 
        fiscal year; and
            (2) the total number of individual members not in units 
        organized to serve as units of the Selected Reserve of such 
        component who are on active duty (other than for training or for 
        unsatisfactory participation in training) without their consent 
        at the end of the fiscal year.

    (c) End Strength Increases.--Whenever units or individual members of 
the Selected Reserve of any reserve component are

[[Page 131 STAT. 1369]]

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).

    The minimum number of military technicians (dual status) as of the 
last day of fiscal year 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, 
        22,294.
            (2) For the Army Reserve, 6,492.
            (3) For the Air National Guard of the United States, 19,135.
            (4) For the Air Force Reserve, 8,880.
SEC. 414. FISCAL YEAR 2018 LIMITATION ON NUMBER OF NON-DUAL STATUS 
                        TECHNICIANS.

    (a) Limitations.--
            (1) National guard.--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, 0.
                    (B) For the Air National Guard of the United States, 
                0.
            (2) Army reserve.--The number of non-dual status technicians 
        employed by the Army Reserve as of September 30, 2018, may not 
        exceed 0.
            (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 0.

    (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

[[Page 131 STAT. 1370]]

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. 416. <<NOTE: 10 USC 10508 note.>>  NUMBER OF MEMBERS OF THE 
                        NATIONAL GUARD ON FULL-TIME DUTY IN 
                        SUPPORT OF THE RESERVES WITHIN THE 
                        NATIONAL GUARD BUREAU.

    (a) Army National Guard of the United States.--As of the end of 
fiscal year 2019, and as of the end of each fiscal year thereafter, the 
number of members of the Army National Guard of the United States 
serving with the National Guard Bureau on full-time duty for the purpose 
of organizing, administering, recruiting, instructing, or training the 
reserve components may not exceed the number equal to six percent of the 
total number of members of the Army National Guard of the United States 
authorized for service on full-time duty for that purpose in that fiscal 
year.
    (b) Air National Guard of the United States.--As of the end of 
fiscal year 2019, and as of the end of each fiscal year thereafter, the 
number of members of the Air National Guard of the United States serving 
with the National Guard Bureau on full-time duty for the purpose of 
organizing, administering, recruiting, instructing, or training the 
reserve components may not exceed the number equal to six percent of the 
total number of members of the Air National Guard of the United States 
authorized for service on full-time duty for that purpose in that fiscal 
year.

               Subtitle C--Authorization of Appropriations

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.

                   TITLE V--MILITARY PERSONNEL POLICY

                  Subtitle A--Officer Personnel Policy

Sec. 501. Modification of deadline for submittal by officers of written 
           communications to promotion selection boards on matters of 
           importance to their selection.

[[Page 131 STAT. 1371]]

Sec. 502. Clarification to exception for removal of officers from list 
           of officers recommended for promotion after 18 months without 
           appointment.
Sec. 503. Modification of requirement for specification of number of 
           officers who may be recommended for early retirement by a 
           Selective Early Retirement Board.
Sec. 504. Extension of service-in-grade waiver authority for voluntary 
           retirement of certain general and flag officers for purposes 
           of enhanced flexibility in officer personnel management.
Sec. 505. Inclusion of Principal Military Deputy to the Assistant 
           Secretary of the Army for Acquisition, Technology, and 
           Logistics among officers subject to repeal of statutory 
           specification of general officer grade.
Sec. 506. Clarification of effect of repeal of statutory specification 
           of general or flag officer grade for various positions in the 
           Armed Forces.
Sec. 507. Standardization of authorities in connection with repeal of 
           statutory specification of general officer grade for the Dean 
           of the Academic Board of the United States Military Academy 
           and the Dean of the Faculty of the United States Air Force 
           Academy.
Sec. 508. Flexibility in promotion of officers to positions of Staff 
           Judge Advocate to the Commandant of the Marine Corps and 
           Deputy Judge Advocate General of the Navy or Air Force.
Sec. 509. Grandfathering of retired grade of Assistant Judge Advocates 
           General of the Navy as of repeal of statutory specification 
           of general and flag officers grades in the Armed Forces.

                Subtitle B--Reserve Component Management

Sec. 511. Equal treatment of orders to serve on active duty under 
           sections 12304a and 12304b of title 10, United States Code.
Sec. 512. Service credit for cyberspace experience or advanced education 
           upon original appointment as a commissioned officer.
Sec. 513. Consolidation of authorities to order members of the reserve 
           components of the Armed Forces to perform duty.
Sec. 514. Pilot program on use of retired senior enlisted members of the 
           Army National Guard as Army National Guard recruiters.

                 Subtitle C--General Service Authorities

Part I--Matters Relating to Discharge and Correction of Military Records

Sec. 520. 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. 521. 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. 522. Confidential review of characterization of terms of discharge 
           of members who are victims of sex-related offenses.
Sec. 523. Training requirements for members of boards for the correction 
           of military records and personnel who investigate claims of 
           retaliation.
Sec. 524. Pilot program on use of video teleconferencing technology by 
           boards for the correction of military records and discharge 
           review boards.

               Part II--Other General Service Authorities

Sec. 526. Modification of basis for extension of period for enlistment 
           in the Armed Forces under the Delayed Entry Program.
Sec. 527. Reauthorization of authority to order retired members to 
           active duty in high-demand, low-density assignments.
Sec. 528. Notification of members of the Armed Forces undergoing certain 
           administrative separations of potential eligibility for 
           veterans benefits.
Sec. 529. Extension of authority of the Secretary of Veterans Affairs to 
           provide for the conduct of medical disability examinations by 
           contract physicians.
Sec. 530. Provision of information on naturalization through military 
           service.

           Subtitle D--Military Justice and Other Legal Issues

Sec. 531. Clarifying amendments related to the Uniform Code of Military 
           Justice reform by the Military Justice Act of 2016.
Sec. 532. Enhancement of effective prosecution and defense in courts-
           martial and related matters.
Sec. 533. Punitive article under the Uniform Code of Military Justice on 
           wrongful broadcast or distribution of intimate visual images 
           or visual images of sexually explicit conduct.
Sec. 534. Garnishment to satisfy judgment rendered for physically, 
           sexually, or emotionally abusing a child.

[[Page 131 STAT. 1372]]

Sec. 535. Sexual assault prevention and response training for all 
           individuals enlisted in the Armed Forces under a delayed 
           entry program.
Sec. 536. Special Victims' Counsel training regarding the unique 
           challenges often faced by male victims of sexual assault.
Sec. 537. Inclusion of information in annual SAPRO reports regarding 
           military sexual harassment and incidents involving 
           nonconsensual distribution of private sexual images.
Sec. 538. 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.

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

Sec. 541. Element in preseparation counseling for members of the Armed 
           Forces on assistance and support services for caregivers of 
           certain veterans through the Department of Veterans Affairs.
Sec. 542. Improved employment assistance for members of the Army, Navy, 
           Air Force, and Marine Corps and veterans.
Sec. 543. Limitation on release of military service academy graduates to 
           participate in professional athletics.
Sec. 544. Two-year extension of suicide prevention and resilience 
           program for the National Guard and Reserves.
Sec. 545. Annual certifications related to Ready, Relevant Learning 
           initiative of the Navy.
Sec. 546. Authority to expand eligibility for the United States Military 
           Apprenticeship Program.
Sec. 547. Limitation on availability of funds for attendance of Air 
           Force enlisted personnel at Air Force officer professional 
           military education in-residence courses.
Sec. 548. Lieutenant Henry Ossian Flipper Leadership Scholarships.
Sec. 549. Pilot programs on appointment in the excepted service in the 
           Department of Defense of physically disqualified former 
           cadets and midshipmen.

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

              Part I--Defense Dependents' Education Matters

Sec. 551. Assistance to schools with military dependent students.
Sec. 552. Transitions of military dependent students from Department of 
           Defense dependent schools to other schools and among schools 
           of local educational agencies.
Sec. 553. Report on educational opportunities in science, technology, 
           engineering, and mathematics for children who are dependents 
           of members of the Armed Forces.

               Part II--Military Family Readiness Matters

Sec. 555. Codification of authority to conduct family support programs 
           for immediate family members of members of the Armed Forces 
           assigned to special operations forces.
Sec. 556. Reimbursement for State licensure and certification costs of a 
           spouse of a member of the Armed Forces arising from 
           relocation to another State.
Sec. 557. Temporary extension of extended period of protections for 
           members of uniformed services relating to mortgages, mortgage 
           foreclosure, and eviction.
Sec. 558. Enhancing military childcare programs and activities of the 
           Department of Defense.
Sec. 559. Direct hire authority for Department of Defense for childcare 
           services providers for Department child development centers.
Sec. 560. Pilot program on public-private partnerships for telework 
           facilities for military spouses on military installations 
           outside the United States.

                   Subtitle G--Decorations and Awards

Sec. 561. Authorization for award of the Medal of Honor to Garlin M. 
           Conner for acts of valor during World War II.
Sec. 562. Authorization for award of Distinguished-Service Cross to 
           Specialist Frank M. Crary for acts of valor in Vietnam.

            Subtitle H--Miscellaneous Reporting Requirements

Sec. 571. Analysis and report on accompanied and unaccompanied tours of 
           duty in remote locations with high family support costs.
Sec. 572. Review and reports on policies for regular and reserve officer 
           career management.
Sec. 573. Review and report on effects of personnel requirements and 
           limitations on the availability of members of the National 
           Guard for the performance of funeral honors duty for 
           veterans.

[[Page 131 STAT. 1373]]

Sec. 574. Review and report on authorities for the employment, use, and 
           status of National Guard and Reserve technicians.
Sec. 575. Assessment and report on expanding and contracting for 
           childcare services of the Department of Defense.
Sec. 576. Review and report on compensation provided childcare services 
           providers of the Department of Defense.
Sec. 577. Comptroller General of the United States assessment and report 
           on the Office of Complex Investigations within the National 
           Guard Bureau.
Sec. 578. Modification of submittal date of Comptroller General of the 
           United States report on integrity of the Department of 
           Defense whistleblower program.

                        Subtitle I--Other Matters

Sec. 581. Expansion of United States Air Force Institute of Technology 
           enrollment authority to include civilian employees of the 
           homeland security industry.
Sec. 582. Conditional designation of Explosive Ordnance Disposal Corps 
           as a basic branch of the Army.
Sec. 583. Designation of office within Office of the Secretary of 
           Defense to oversee use of food assistance programs by members 
           of the Armed Forces on active duty.

                  Subtitle A--Officer Personnel Policy

SEC. 501. MODIFICATION OF DEADLINE FOR SUBMITTAL BY OFFICERS OF 
                        WRITTEN COMMUNICATIONS TO PROMOTION 
                        SELECTION BOARDS ON MATTERS OF IMPORTANCE 
                        TO THEIR SELECTION.

    (a) Officers on Active-duty List.--Section 614(b) of title 10, 
United States Code, is amended by striking ``the day'' and inserting 
``10 calendar days''.
    (b) Officers in Reserve Active-status.--Section 14106 of title 10, 
United States Code, is amended in the second sentence by striking ``the 
day'' and inserting ``10 calendar days''.
    (c) <<NOTE: 10 USC 614 note.>>  Application of Amendments.--The 
amendments made by this section shall apply with respect to promotion 
selection boards convened on or after the date of the enactment of this 
Act.
SEC. 502. CLARIFICATION TO EXCEPTION FOR REMOVAL OF OFFICERS FROM 
                        LIST OF OFFICERS RECOMMENDED FOR PROMOTION 
                        AFTER 18 MONTHS WITHOUT APPOINTMENT.

    Section 629(c)(3) of title 10, United States Code, is amended by 
striking ``the Senate is not able to obtain the information necessary'' 
and inserting ``the military department concerned is not able to obtain 
and provide to the Senate the information the Senate requires''.
SEC. 503. MODIFICATION OF REQUIREMENT FOR SPECIFICATION OF NUMBER 
                        OF OFFICERS WHO MAY BE RECOMMENDED FOR 
                        EARLY RETIREMENT BY A SELECTIVE EARLY 
                        RETIREMENT BOARD.

    Section 638a of title 10, United States Code, is amended--
            (1) in subsection (c), by striking paragraph (1) and 
        inserting the following new paragraph:

    ``(1) In the case of an action under subsection (b)(2), the total 
number of officers described in that subsection that a selection board 
convened under section 611(b) of this title pursuant to the authority of 
that subsection may recommend for early retirement may not be more than 
30 percent of the number of officers considered in each grade in each 
competitive category.''; and

[[Page 131 STAT. 1374]]

            (2) in subsection (d), by striking paragraph (2) and 
        inserting the following new paragraph:

    ``(2) The total number of officers to be recommended for discharge 
by a selection board convened pursuant to subsection (b)(3) may not be 
more than 30 percent of the number of officers considered.''.
SEC. 504. EXTENSION OF SERVICE-IN-GRADE WAIVER AUTHORITY FOR 
                        VOLUNTARY RETIREMENT OF CERTAIN GENERAL 
                        AND FLAG OFFICERS FOR PURPOSES OF ENHANCED 
                        FLEXIBILITY IN OFFICER PERSONNEL 
                        MANAGEMENT.

    Section 1370(a)(2)(G) of title 10, United States Code, is amended by 
striking ``2017'' and inserting ``2025''.
SEC. 505. INCLUSION OF PRINCIPAL MILITARY DEPUTY TO THE ASSISTANT 
                        SECRETARY OF THE ARMY FOR ACQUISITION, 
                        TECHNOLOGY, AND LOGISTICS AMONG OFFICERS 
                        SUBJECT TO REPEAL OF STATUTORY 
                        SPECIFICATION OF GENERAL OFFICER GRADE.

    Section 3016(b)(5)(B) of title 10, United States Code, is amended by 
striking ``a lieutenant general'' and inserting ``an officer''.
SEC. 506. CLARIFICATION OF EFFECT OF REPEAL OF STATUTORY 
                        SPECIFICATION OF GENERAL OR FLAG OFFICER 
                        GRADE FOR VARIOUS POSITIONS IN THE ARMED 
                        FORCES.

    (a) Retention of Grade of Incumbents in Positions on Effective 
Date.--
            (1) In general.--Section 502 of the National Defense 
        Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 
        Stat. 2102) <<NOTE: 10 USC 155a note.>>  is amended by adding at 
        the end the following new subsection:

    ``(tt) Retention of Grade of Incumbents in Positions on Effective 
Date.--The grade of service of an officer serving as of the date of the 
enactment of this Act in a position whose statutory grade is affected by 
an amendment made by this section may not be reduced after that date by 
reason of such amendment as long as the officer remains in continuous 
service in such position after that date.''.
            (2) <<NOTE: 10 USC 155a note.>>  Retroactive effective 
        date.--The amendment made by paragraph (1) shall take effect as 
        of December 23, 2016, and be treated as if included in the 
        enactment of the National Defense Authorization Act for Fiscal 
        Year 2017 (Public Law 114-328).

    (b) Clarifying Amendment to Chief of Veterinary Corps of the Army 
Repeal.--Section 3084 of title 10, United States Code, is amended by 
striking the last sentence.
SEC. 507. STANDARDIZATION OF AUTHORITIES IN CONNECTION WITH REPEAL 
                        OF STATUTORY SPECIFICATION OF GENERAL 
                        OFFICER GRADE FOR THE DEAN OF THE ACADEMIC 
                        BOARD OF THE UNITED STATES MILITARY 
                        ACADEMY AND THE DEAN OF THE FACULTY OF THE 
                        UNITED STATES AIR FORCE ACADEMY.

    (a) Dean of Academic Board of Military Academy.--Section 4335(c) of 
title 10, United States Code, is amended--
            (1) by striking the first and third sentences; and
            (2) in the remaining sentence, by striking ``so appointed'' 
        and inserting ``appointed as Dean of the Academic Board''.

[[Page 131 STAT. 1375]]

    (b) Dean of Faculty of Air Force Academy.--Section 9335(b) of title 
10, United States Code, is amended by striking ``so appointed'' and 
inserting ``appointed as Dean of the Faculty''.
SEC. 508. FLEXIBILITY IN PROMOTION OF OFFICERS TO POSITIONS OF 
                        STAFF JUDGE ADVOCATE TO THE COMMANDANT OF 
                        THE MARINE CORPS AND DEPUTY JUDGE ADVOCATE 
                        GENERAL OF THE NAVY OR AIR FORCE.

    (a) Staff Judge Advocate to Commandant of the Marine Corps.--Section 
5046(b) of title 10, United States Code, is amended--
            (1) by inserting ``(1)'' after ``(b)''; and
            (2) by adding at the end the following new paragraph:

    ``(2) If the Secretary of the Navy elects to convene a selection 
board under section 611(a) of this title to consider eligible officers 
for selection to appointment as Staff Judge Advocate, the Secretary may, 
in connection with such consideration for selection--
            ``(A) treat any section in chapter 36 of this title 
        referring to promotion to the next higher grade as if such 
        section referred to promotion to a higher grade; and
            ``(B) waive section 619(a)(2) of this title if the Secretary 
        determines that the needs of the Marine Corps require the 
        waiver.''.

    (b) Deputy Judge Advocate General of the Navy.--Section 5149(a) of 
title 10, United States Code, is amended by adding at the end the 
following new paragraph:
    ``(3) If the Secretary of the Navy elects to convene a selection 
board under section 611(a) of this title to consider eligible officers 
for selection to appointment as Deputy Judge Advocate General, the 
Secretary may, in connection with such consideration for selection--
            ``(A) treat any section in chapter 36 of this title 
        referring to promotion to the next higher grade as if such 
        section referred to promotion to a higher grade; and
            ``(B) waive section 619(a)(2) of this title if the Secretary 
        determines that the needs of the Navy require the waiver.''.

    (c) Deputy Judge Advocate of the Air Force.--Section 8037(e) of 
title 10, United States Code, is amended--
            (1) by inserting ``(1)'' after ``(e)''; and
            (2) by adding at the end the following new paragraph:

    ``(2) If the Secretary of the Air Force elects to convene a 
selection board under section 611(a) of this title to consider eligible 
officers for selection to appointment as Deputy Judge Advocate General, 
the Secretary may, in connection with such consideration for selection--
            ``(A) treat any section in chapter 36 of this title 
        referring to promotion to the next higher grade as if such 
        section referred to promotion to a higher grade; and
            ``(B) waive section 619(a)(2) of this title if the Secretary 
        determines that the needs of the Air Force require the 
        waiver.''.
SEC. 509. <<NOTE: 10 USC 5149 note.>>  GRANDFATHERING OF RETIRED 
                        GRADE OF ASSISTANT JUDGE ADVOCATES GENERAL 
                        OF THE NAVY AS OF REPEAL OF STATUTORY 
                        SPECIFICATION OF GENERAL AND FLAG OFFICERS 
                        GRADES IN THE ARMED FORCES.

    (a) In General.--Notwithstanding the amendments made by section 
502(gg)(2) of the National Defense Authorization Act for Fiscal Year 
2017 (Public Law 114-328; 130 Stat. 2105), an officer

[[Page 131 STAT. 1376]]

selected to hold a position specified in subsection (b) as of December 
23, 2016, may be retired after that date in the grade of rear admiral 
(lower half) or brigadier general, as applicable, with the retired pay 
of such grade (unless entitled to higher pay under another provision of 
law).
    (b) Specified Positions.--Subsection (a) applies with respect to the 
Assistant Judge Advocates General of the Navy provided for by 
subsections (b) and (c) of section 5149 of title 10, United States Code.

                Subtitle B--Reserve Component Management

SEC. 511. EQUAL TREATMENT OF ORDERS TO SERVE ON ACTIVE DUTY UNDER 
                        SECTIONS 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. 512. SERVICE CREDIT FOR CYBERSPACE EXPERIENCE OR ADVANCED 
                        EDUCATION UPON ORIGINAL APPOINTMENT AS A 
                        COMMISSIONED OFFICER.

    (a) Original Appointment as a Reserve Officer.--Section 12207 of 
title 10, United States Code, is amended--
            (1) in subsection (a)(2), by inserting ``or (e)'' after 
        ``subsection (b)'';
            (2) by redesignating subsections (e) and (f) as subsections 
        (f) and (g), respectively;
            (3) by inserting after subsection (d) the following new 
        subsection (e):

    ``(e)(1) Under regulations prescribed by the Secretary of Defense, 
if the Secretary of a military department determines that the number of 
commissioned officers with cyberspace-related experience or advanced 
education in reserve active-status in an armed force under the 
jurisdiction of such Secretary is critically below the number needed, 
such Secretary may credit any person receiving an original appointment 
as a reserve commissioned officer with a period of constructive service 
for the following:
            ``(A) Special experience or training in a particular 
        cyberspace-related field if such experience or training is 
        directly related to the operational needs of the armed force 
        concerned.
            ``(B) Any period of advanced education in a cyberspace-
        related field beyond the baccalaureate degree level if such 
        advanced education is directly related to the operational needs 
        of the armed force concerned.

    ``(2) Constructive service credited an officer under this subsection 
shall not exceed one year for each year of special experience,

[[Page 131 STAT. 1377]]

training, or advanced education, and not more than three years total 
constructive service may be credited.
    ``(3) Constructive service credited an officer under this subsection 
is in addition to any service credited that officer under subsection (a) 
and shall be credited at the time of the original appointment of the 
officer.
    ``(4) The authority to award constructive service credit under this 
subsection expires on December 31, 2023.''; and
            (4) in subsection (f), as redesignated by paragraph (2), by 
        striking ``or (d)'' and inserting ``, (d), or (e)''.

    (b) Extension of Authority in Connection With Original Appointment 
of Regular Officers.--Section 533(g)(4) of title 10, United States Code, 
is amended by striking ``December 31, 2018'' and inserting ``December 
31, 2023''.
SEC. 513. CONSOLIDATION OF AUTHORITIES TO ORDER MEMBERS OF THE 
                        RESERVE COMPONENTS OF THE ARMED FORCES TO 
                        PERFORM DUTY.

    Section 515 of the National Defense Authorization Act for Fiscal 
Year 2016 (Public Law 114-92; 129 Stat. 810) is amended--
            (1) in the second sentence of subsection (b), by striking 
        ``such legislation as would be necessary to amend titles 10, 14, 
        32, and 37 of the United States Code and other provisions of law 
        in order to implement the Secretary's approach by October 1, 
        2018'' and inserting ``legislation implementing the alternate 
        approach by April 30, 2019''; and
            (2) by adding at the end the following new subsection:

    ``(c) Attributes of Alternate Approach.--The Secretary of Defense 
shall ensure the alternate approach described in subsection (b)--
            ``(1) reduces the number of statutory authorities by which 
        members of the reserve components of the Armed Forces may be 
        ordered to perform duty to not more than 8 statutory authorities 
        grouped into 4 duty categories to which specific pay and 
        benefits may be aligned, which categories shall include--
                    ``(A) one duty category that shall generally reflect 
                active service performed in support of contingency type 
                operations or other military actions in support of the 
                commander of a combatant command;
                    ``(B) a second duty category that shall--
                          ``(i) generally reflect active service not 
                      described in subparagraph (A); and
                          ``(ii) consist of training, administration, 
                      operational support, and full-time support of the 
                      reserve components;
                    ``(C) a third duty category that shall--
                          ``(i) generally reflect duty performed under 
                      direct military supervision while not in active 
                      service; and
                          ``(ii) include duty characterized by partial-
                      day service; and
                    ``(D) a fourth duty category that shall--
                          ``(i) generally reflect remote duty completed 
                      while not under direct military supervision; and
                          ``(ii) include completion of correspondence 
                      courses and telework;
            ``(2) distinguishes among duty performed under titles 10, 
        14, and 32, United States Code, and ensures that the reasons

[[Page 131 STAT. 1378]]

        the members of the reserve components are utilized under the 
        statutory authorities which exist prior to the alternate 
        approach are preserved and can be tracked as separate and 
        distinct purposes;
            ``(3) minimizes, to the maximum extent practicable, 
        disruptions in pay and benefits for members, and adheres to the 
        principle that a member should receive pay and benefits 
        commensurate with the nature and performance of the member's 
        duties;
            ``(4) ensures the Secretary has the flexibility to meet 
        emerging requirements and to effectively manage the force; and
            ``(5) aligns Department of Defense programming and budgeting 
        to the types of duty members perform.''.
SEC. 514. <<NOTE: 10 USC 3013 note.>>  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, 2020.
    (e) Funding Source.--If a pilot program is conducted under this 
section, the Secretary of the Army shall use funds otherwise available 
for the National Guard Bureau to carry out the program.
    (f) 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, 2019.

[[Page 131 STAT. 1379]]

                 Subtitle C--General Service Authorities

PART I--MATTERS RELATING TO DISCHARGE AND CORRECTION OF MILITARY RECORDS

SEC. 520. 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. 521. 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 of title 10, United States Code, as redesignated by 
section 520(a)(1), 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 
        former member.''.

[[Page 131 STAT. 1380]]

    (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 
        former member.''.

    (c) Conforming Amendments.--
            (1) Boards for the correction of military records.--
        Subsection (i) of section 1552 of title 10, United States Code, 
        as redesignated by section 520(a)(1) and amended by subsection 
        (a), is further amended--
                    (A) in paragraph (1), by striking ``claimant'' both 
                places it appears and inserting ``former member'';
                    (B) in paragraph (2), by striking ``claimant'' and 
                inserting ``former member''; and
                    (C) in paragraph (3), by striking ``claimants'' and 
                inserting ``former members''.
            (2) Discharge review boards.--Section 1553(f)(2) of title 
        10, United States Code, is amended by striking ``claimant'' and 
        inserting ``former member''.
SEC. 522. CONFIDENTIAL REVIEW OF CHARACTERIZATION OF TERMS OF 
                        DISCHARGE OF MEMBERS WHO ARE VICTIMS OF 
                        SEX-RELATED OFFENSES.

    (a) Codification of Current Confidential Process.--
            (1) Codification.--Chapter 79 of title 10, United States 
        Code, is amended by inserting after section 1554a a new section 
        1554b consisting of--
                    (A) a heading as follows:
``Sec. 1554b. <<NOTE: 10 USC 1554b.>>  Confidential review of 
                    characterization of terms of discharge of 
                    members of the armed forces who are victims of 
                    sex-related offenses''; and
                    (B) a text consisting of the text of section 547 of 
                the National Defense Authorization Act for Fiscal Year 
                2015 (Public Law 113-291; 10 U.S.C. 1553 note).
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 79 of such title <<NOTE: 10 USC 1551 
        prec.>>  is amended by inserting after the item relating to 
        section 1554a the following new item:

``1554b. Confidential review of characterization of terms of discharge 
           of members of the armed forces who are victims of sex-related 
           offenses.''.

            (3) Conforming repeal.--Section 547 of the National Defense 
        Authorization Act for Fiscal Year 2015 (Public Law 113-291; 10 
        U.S.C. 1553 note) is repealed.

    (b) Clarification of Applicability to Individuals Who Allege Sex-
related Offenses During Military Service.--Subsection (a) of section 
1554b of title 10, United States Code, as added by subsection (a) of 
this section, is amended by striking ``sex-related offense'' and 
inserting the following: ``sex-related offense, or alleges that the 
individual was the victim of a sex-related offense,''.

[[Page 131 STAT. 1381]]

    (c) Conforming Amendments.--Section 1554b of title 10, United States 
Code, as added by subsection (a), is further amended--
            (1) by striking ``Armed Forces'' each place it appears in 
        subsections (a) and (b) and inserting ``armed forces'';
            (2) in subsection (a)--
                    (A) by striking ``boards for the correction of 
                military records of the military department concerned'' 
                and inserting ``boards of the military department 
                concerned established in accordance with this chapter''; 
                and
                    (B) by striking ``such an offense'' and inserting 
                ``a sex-related offense'';
            (3) in subsection (b), striking ``boards for the correction 
        of military records'' in the matter preceding paragraph (1) and 
        inserting ``boards of the military department concerned 
        established in accordance with this chapter''; and
            (4) in subsection (d)--
                    (B) in paragraph (1), by striking ``title 10, United 
                States Code'' and inserting ``this title''; and
                    (C) in paragraphs (2) and (3), by striking ``such 
                title'' and inserting ``this title''.
SEC. 523. TRAINING REQUIREMENTS FOR MEMBERS OF BOARDS FOR THE 
                        CORRECTION OF MILITARY RECORDS AND 
                        PERSONNEL WHO INVESTIGATE CLAIMS OF 
                        RETALIATION.

    (a) Members of Boards for the Correction of Military Records.--
Section 534(c)(1) of the National Defense Authorization Act for Fiscal 
Year 2017 (Public Law 114-328; 10 U.S.C. 1552 note) is amended by adding 
at the end the following new sentence: ``This curriculum shall also 
address the proper handling of claims in which a sex-related offense is 
alleged to have contributed to the original characterization of the 
discharge or release of the claimant, including guidelines for the 
consideration of evidence substantiating such allegations in accordance 
with the requirements of section 1554b(b) of title 10, United States 
Code, as added by section 522 of the National Defense Authorization Act 
for Fiscal Year 2018.''.
    (b) Department of Defense Personnel Who Investigate Claims of 
Retaliation.--Section 546(a) of the National Defense Authorization Act 
for Fiscal Year 2017 <<NOTE: 10 USC 1561 note.>>  (Public Law 114-328) 
is amended by striking ``section.'' and inserting ``section, including 
guidelines for the consideration of evidence substantiating such 
allegations in accordance with the requirements of section 1554b(b) of 
title 10, United States Code, as added by section 522 of the National 
Defense Authorization Act for Fiscal Year 2018.''.
SEC. 524. <<NOTE: 10 USC 1552 note.>>  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, in the performance of their duties, video 
teleconferencing technology, to the extent such technology is reasonably 
available and technically feasible.

[[Page 131 STAT. 1382]]

    (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.

               PART II--OTHER GENERAL SERVICE AUTHORITIES

SEC. 526. MODIFICATION OF BASIS FOR EXTENSION OF PERIOD FOR 
                        ENLISTMENT IN THE ARMED FORCES UNDER THE 
                        DELAYED ENTRY PROGRAM.

    Section 513(b) of title 10, United States Code, is amended--
            (1) by redesignating paragraph (2) as paragraph (4) and, in 
        such paragraph, by striking ``paragraph (1)'' and inserting 
        ``this subsection'';
            (2) by designating the second sentence of paragraph (1) as 
        paragraph (2) and indenting the left margin of such paragraph 
        (2) two ems to the right;
            (3) in paragraph (2), as so designated, by inserting 
        ``described in paragraph (1)'' after ``the 365-day period''; and
            (4) by inserting after paragraph (2), as so designated, the 
        following new paragraph (3):

    ``(3)(A) The Secretary concerned may extend by up to an additional 
365 days the period of extension under paragraph (2) for a person who 
enlisted before October 1, 2017, under section 504(b)(2) of this title 
if the Secretary determines that the period of extension under this 
paragraph is required for the performance of adequate background and 
security reviews of that person.
    ``(B) A person whose period of extension under paragraph (2) is 
extended under this paragraph shall undergo all security and suitability 
screening requirements and receive a favorable military security 
suitability determination before entering into service in a regular or 
reserve component. Screening priority shall be given to those persons 
who were enlisted for a military occupational specialty that requires 
specialized language or medical skills that are vital to the national 
interest.
    ``(C) The authority to make an extension under this paragraph shall 
expire one year after the date of the enactment of the National Defense 
Authorization Act for Fiscal Year 2018. The expiration of such authority 
shall not effect the validity of any extension made in accordance with 
this paragraph on or before that date.''.

[[Page 131 STAT. 1383]]

SEC. 527. REAUTHORIZATION OF AUTHORITY TO ORDER RETIRED MEMBERS TO 
                        ACTIVE DUTY IN HIGH-DEMAND, LOW-DENSITY 
                        ASSIGNMENTS.

    Section 688a(f) of title 10, United States Code, is amended by 
striking ``after December 31, 2011.'' and inserting ``outside a period 
as follows:
            ``(1) The period beginning on December 2, 2002, and ending 
        on December 31, 2011.
            ``(2) The period beginning on the date of the enactment of 
        the National Defense Authorization Act for Fiscal Year 2018 and 
        ending on December 31, 2022.''.
SEC. 528. <<NOTE: 10 USC 1142 note.>> 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. 529. EXTENSION OF AUTHORITY OF THE SECRETARY OF VETERANS 
                        AFFAIRS TO PROVIDE FOR THE CONDUCT OF 
                        MEDICAL DISABILITY EXAMINATIONS BY 
                        CONTRACT PHYSICIANS.

    Section 704(c) of the Veterans Benefits Act of 2003 (Public Law 108-
183; 38 U.S.C. 5101 note) is amended by striking ``December 31, 2017'' 
and inserting ``December 31, 2018''.
SEC. 530. <<NOTE: 10 USC 1781 note.>> 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.

[[Page 131 STAT. 1384]]

           Subtitle D--Military Justice and Other Legal Issues

SEC. 531. 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 of 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--
            (1) in the matter preceding subparagraph (A), by inserting 
        ``, or otherwise act on,'' after ``to review''; and
            (2) 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.--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 subsection (b)--
                    (A) in paragraph (2), by striking ``or'' after the 
                semicolon;
                    (B) in paragraph (3), by striking the period and 
                inserting a semicolon; and
                    (C) 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.''; and

[[Page 131 STAT. 1385]]

            (2) in subsection (d), by striking ``shall bind the parties 
        and the military judge'' and inserting ``shall bind the parties 
        and the court-martial''.

    (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:
``Sec. 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), <<NOTE: 10 
        USC 855 prec.>>  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 States.--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

[[Page 131 STAT. 1386]]

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)--
                    (A) by inserting ``of Criminal Appeals'' after 
                ``Court'' the first time it appears; and
                    (B) 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

[[Page 131 STAT. 1387]]

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) Applicability to certain cases.--Section 5542(c)(1) of 
        the Military Justice Act of 2016 (division E of Public Law 114-
        328; 130 Stat. 2967) <<NOTE: 10 USC 801 note.>>  is amended by 
        inserting after ``shall apply to a case in which'' the 
        following: ``a specification alleges the commission, before the 
        effective date of such amendments, of one or more offenses or to 
        a case in which''.
            (2) <<NOTE: 10 USC 843 note.>>  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.
            (3) <<NOTE: 10 USC 843 note.>>  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) <<NOTE: 10 USC 801 note.>>  Sentencing in Certain Transitional 
Cases.--
            (1) In general.--In any transition-period court-martial, the 
        relevant sentencing sections of chapter 47 of title 10, United 
        States Code (the Uniform Code of Military Justice), shall be 
        applied as follows:
                    (A) Except as provided in subparagraph (B), the 
                relevant sentencing sections shall be applied as if the 
                amendments to such sections made by the Military Justice 
                Act of 2016 (division E of Public Law 114-328) and this 
                section had not been enacted.
                    (B) If the accused so requests, the relevant 
                sentencing sections shall be applied as amended by the 
                Military Justice Act of 2016 (division E of Public Law 
                114-328) and this section.
            (2) Definitions.--In this subsection:
                    (A) Transition-period court-martial.--The term 
                ``transition-period court-martial'' means a court-
                martial under chapter 47 of title 10, United States Code 
                (the Uniform Code of Military Justice), that consists of 
                both of the following:
                          (i) A prosecution of one or more 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).
                          (ii) A prosecution of one or more offenses 
                      committed on or after that date.

[[Page 131 STAT. 1388]]

                    (B) Relevant sentencing sections.--The term 
                ``relevant sentencing sections'' means section 856 of 
                title 10, United States Code (article 56 of the Uniform 
                Code of Military Justice), and any other sections 
                (articles) of chapter 47 of title 10, United States Code 
                (the Uniform Code of Military Justice), that, by 
                regulation prescribed by the President, are designated 
                as relevant to sentencing for the purposes of paragraph 
                (1).

    (p) <<NOTE: 10 USC 801 note.>>  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. 532. ENHANCEMENT OF EFFECTIVE PROSECUTION AND DEFENSE IN 
                        COURTS-MARTIAL AND RELATED MATTERS.

    (a) Additional Element in Program for Effective Prosecution and 
Defense.--Section 542(a)(1) of the National Defense Authorization Act 
for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 827 note) is amended 
by inserting before the semicolon the following: ``or there is adequate 
supervision and oversight of trial counsel and defense counsel so 
detailed to ensure effective prosecution and defense in the court-
martial''.
    (b) Use of Civilian Employees to Advise Less Experienced Judge 
Advocates in Prosecution and Defense.--Section 542 of the National 
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 10 
U.S.C. 827 note) is further amended--
            (1) by redesignating subsections (c) and (d) as subsections 
        (d) and (e), respectively; and
            (2) by inserting after subsection (b) the following new 
        subsection (c):

    ``(c) Use of Civilian Employees to Advise Less Experienced Judge 
Advocates in Prosecution and Defense.--The Secretary concerned may use 
highly qualified experts and other civilian employees who are under the 
jurisdiction of the Secretary concerned, are available, and are 
experienced in the prosecution or defense of complex criminal cases to 
provide assistance to, and consult with, less experienced judge 
advocates throughout the court-martial process.''.
    (c) Pilot Programs on Professional Developmental Process for Judge 
Advocates.--Subsection (d) of section 542 of the National Defense 
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 
827 note), as redesignated by subsection (b)(1) of this section, is 
amended--
            (1) in paragraph (1), by striking ``establishing'' and all 
        that follows and inserting ``a military justice career track for 
        judge advocates under the jurisdiction of the Secretary.'';
            (2) by redesignating paragraph (4) as paragraph (5); and
            (3) by inserting after paragraph (3) the following new 
        paragraph (4):
            ``(4) Elements.--Each pilot program shall include the 
        following:
                    ``(A) A military justice career track for judge 
                advocates that leads to judge advocates with military 
                justice expertise in the grade of colonel, or in the 
                grade of captain in the case of judge advocates of the 
                Navy.

[[Page 131 STAT. 1389]]

                    ``(B) The use of skill identifiers to identify judge 
                advocates for participation in the pilot program from 
                among judge advocates having appropriate skill and 
                experience in military justice matters.
                    ``(C) Guidance for promotion boards considering the 
                selection for promotion of officers participating in the 
                pilot program in order to ensure that judge advocates 
                who are participating in the pilot program have the same 
                opportunity for promotion as all other judge advocate 
                officers being considered for promotion by such boards.
                    ``(D) Such other matters as the Secretary concerned 
                considers appropriate.''.
SEC. 533. PUNITIVE ARTICLE UNDER THE UNIFORM CODE OF MILITARY 
                        JUSTICE ON WRONGFUL BROADCAST OR 
                        DISTRIBUTION OF INTIMATE VISUAL IMAGES OR 
                        VISUAL IMAGES OF SEXUALLY EXPLICIT 
                        CONDUCT.

    (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):
``Sec. 917a. <<NOTE: 10 USC 917a.>>  Art. 117a. Wrongful broadcast 
                  or distribution of intimate visual images

    ``(a) Prohibition.--Any person subject to this chapter--
            ``(1) who knowingly and wrongfully broadcasts or distributes 
        an intimate visual image of another person or a visual image of 
        sexually explicit conduct involving a person who--
                    ``(A) is at least 18 years of age at the time the 
                intimate visual image or visual image of sexually 
                explicit conduct was created;
                    ``(B) is identifiable from the intimate visual image 
                or visual image of sexually explicit conduct itself, or 
                from information displayed in connection with the 
                intimate visual image or visual image of sexually 
                explicit conduct; and
                    ``(C) does not explicitly consent to the broadcast 
                or distribution of the intimate visual image or visual 
                image of sexually explicit conduct;
            ``(2) who knows or reasonably should have known that the 
        intimate visual image or visual image of sexually explicit 
        conduct was made under circumstances in which the person 
        depicted in the intimate visual image or visual image of 
        sexually explicit conduct retained a reasonable expectation of 
        privacy regarding any broadcast or distribution of the intimate 
        visual image or visual image of sexually explicit conduct;
            ``(3) who knows or reasonably should have known that the 
        broadcast or distribution of the intimate visual image or visual 
        image of sexually explicit conduct is likely--
                    ``(A) to cause harm, harassment, intimidation, 
                emotional distress, or financial loss for the person 
                depicted in the intimate visual image or visual image of 
                sexually explicit conduct; 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; and

[[Page 131 STAT. 1390]]

            ``(4) whose conduct, under the circumstances, had a 
        reasonably direct and palpable connection to a military mission 
        or military environment,

is guilty of wrongful distribution of intimate visual images or visual 
images of sexually explicit conduct and shall be punished as a court-
martial may direct.
    ``(b) Definitions.--In this section:
            ``(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 visual image 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' means circumstances in which 
        a reasonable person would believe that a private area of the 
        person, or sexually explicit conduct involving the person, would 
        not be visible to the public.
            ``(6) Sexually explicit conduct.--The term `sexually 
        explicit conduct' means actual or simulated genital-genital 
        contact, oral-genital contact, anal-genital contact, or oral-
        anal contact, whether between persons of the same or opposite 
        sex, bestiality, masturbation, or sadistic or masochistic abuse.
            ``(7) Visual image.--The term `visual image' means the 
        following:
                    ``(A) Any developed or undeveloped photograph, 
                picture, film, or video.
                    ``(B) Any digital or computer image, picture, film, 
                or video made by any means, including those transmitted 
                by any means, including streaming media, even if not 
                stored in a permanent format.
                    ``(C) Any digital or electronic data capable of 
                conversion into a visual image.''.

    (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), <<NOTE: 10 USC 877 prec.>>  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. 534. 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

[[Page 131 STAT. 1391]]

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. The total amount of 
the disposable retired pay of a member payable under a child abuse 
garnishment order shall not exceed 25 percent of the member's disposable 
retired pay.
    ``(3) In this subsection, 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, subject to the order of 
precedence specified in paragraph (2), with any such process being 
satisfied out of such monies 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) <<NOTE: 10 USC 1408 note.>>  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. 535. <<NOTE: 10 USC 1561 note.>>  SEXUAL ASSAULT PREVENTION 
                        AND RESPONSE TRAINING FOR ALL INDIVIDUALS 
                        ENLISTED IN THE ARMED FORCES UNDER A 
                        DELAYED ENTRY PROGRAM.

    (a) Training Required.--Commencing not later than 180 days after the 
date of the enactment of this Act, each Secretary concerned shall, 
insofar as practicable, provide training on sexual assault prevention 
and response to each individual under the jurisdiction of such Secretary 
who is enlisted in the Armed Forces under a delayed entry program such 
that each such individual completes such training before the date of 
commencement of basic training or initial active duty for training in 
the Armed Forces.
    (b) Training Elements.--The training provided pursuant to subsection 
(a)--
            (1) shall, to the extent practicable, be uniform across the 
        Armed Forces;

[[Page 131 STAT. 1392]]

            (2) should be provided through in-person instruction, 
        whenever possible;
            (3) should include instruction on the proper use of social 
        media; and
            (4) shall meet such other requirements as the Secretary of 
        Defense may establish.

    (c) Definitions.--In this section:
            (1) The term ``delayed entry program'' means the following:
                    (A) The Future Soldiers Program of the Army.
                    (B) The Delayed Entry Program of the Navy and the 
                Marine Corps.
                    (C) The program of the Air Force for the delayed 
                entry of enlistees into the Air Force.
                    (D) The program of the Coast Guard for the delayed 
                entry of enlistees into the Coast Guard.
                    (E) Any successor program to a program referred to 
                in subparagraphs (A) through (D).
            (2) The term ``Secretary concerned'' has the meaning given 
        that term in section 101(a)(9) of title 10, United States Code.
SEC. 536. <<NOTE: 10 USC 1044e note.>>  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. 537. 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 through formal and 
        informal 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

[[Page 131 STAT. 1393]]

        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) <<NOTE: 10 USC 1561 note.>>  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, 2020, 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. 538. <<NOTE: 10 USC 1561 note.>>  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, 
2019, 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 
may be included as an annex to such reports.

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

SEC. 541. ELEMENT IN PRESEPARATION COUNSELING FOR MEMBERS OF THE 
                        ARMED FORCES ON ASSISTANCE AND SUPPORT 
                        SERVICES FOR CAREGIVERS OF CERTAIN 
                        VETERANS THROUGH THE DEPARTMENT OF 
                        VETERANS AFFAIRS.

    (a) In General.--Section 1142(b) of title 10, United States Code, is 
amended by adding at the end the following new paragraph:
            ``(18) A description, developed in consultation with the 
        Secretary of Veterans Affairs, of the assistance and support 
        services for family caregivers of eligible veterans under the 
        program conducted by the Secretary of Veterans Affairs pursuant 
        to section 1720G of title 38, including the veterans covered by 
        the program, the caregivers eligible for assistance and support 
        through the program, and the assistance and support available 
        through the program.''.

    (b) <<NOTE: 10 USC 1142 note.>>  Participation of Potential 
Caregivers in Appropriate Preseparation Counseling.--

[[Page 131 STAT. 1394]]

            (1) In general.--In accordance with procedures established 
        by the Secretary of Defense, each Secretary of a military 
        department shall take appropriate actions to achieve the 
        following:
                    (A) To determine whether each member of the Armed 
                Forces under the jurisdiction of such Secretary who is 
                undergoing preseparation counseling pursuant to section 
                1142 of title 10, United States Code (as amended by 
                subsection (a)), and who may require caregiver services 
                after separation from the Armed Forces has identified an 
                individual to provide such services after the member's 
                separation.
                    (B) In the case of a member described in 
                subparagraph (A) who has identified an individual to 
                provide caregiver services after the member's 
                separation, at the election of the member, to permit 
                such individual to participate in appropriate sessions 
                of the member's preseparation counseling in order to 
                inform such individual of--
                          (i) the assistance and support services 
                      available to caregivers of members after 
                      separation from the Armed Forces; and
                          (ii) the manner in which the member's 
                      transition to civilian life after separation may 
                      likely affect such individual as a caregiver.
            (2) Caregivers.--For purposes of this subsection, 
        individuals who provide caregiver services refers to individuals 
        (including a spouse, partner, parent, sibling, adult child, 
        other relative, or friend) who provide physical or emotional 
        assistance to former members of the Armed Forces during and 
        after their transition from military life to civilian life 
        following separation from the Armed Forces.
            (3) Deadline for commencement.--Each Secretary of a miliary 
        department shall commence the actions required pursuant to this 
        subsection by not later than 180 days after the date of the 
        enactment of this Act.
SEC. 542. IMPROVED EMPLOYMENT ASSISTANCE FOR MEMBERS OF THE ARMY, 
                        NAVY, AIR FORCE, AND MARINE CORPS AND 
                        VETERANS.

    (a) Improved Employment Skills Verification.--Section 1143(a) of 
title 10, United States Code, is amended--
            (1) by inserting ``(1)'' before ``The Secretary of 
        Defense''; and
            (2) by adding at the end the following new paragraph:

    ``(2) In order to improve the accuracy and completeness of a 
certification or verification of job skills and experience required by 
paragraph (1), the Secretary of Defense shall--
            ``(A) establish a database to record all training performed 
        by members of the Army, Navy, Air Force, and Marine Corps that 
        may have application to employment in the civilian sector; and
            ``(B) make unclassified information regarding such 
        information available to States and other potential employers 
        referred to in subsection (c) so that State and other entities 
        may allow military training to satisfy licensing or 
        certification requirements to engage in a civilian 
        profession.''.

    (b) Improved Accuracy of Certificates of Training and Skills.--
Section 1143(a) of title 10, United States Code, is further

[[Page 131 STAT. 1395]]

amended by inserting after paragraph (2), as added by subsection (a), 
the following new paragraph:
    ``(3) The Secretary of Defense shall ensure that a certification or 
verification of job skills and experience required by paragraph (1) is 
rendered in such a way that States and other potential employers can 
confirm the accuracy and authenticity of the certification or 
verification.''.
    (c) Improved Responsiveness to Certification Requests.--Section 
1143(c) of title 10, United States Code, is amended--
            (1) by inserting ``(1)'' before ``For the purpose''; and
            (2) by adding at the end the following new paragraph:

    ``(2)(A) A State may--
            ``(i) use a certification or verification of job skills and 
        experience provided to a member of the armed forces under 
        subsection (a); and
            ``(ii) in the case of members of the Army, Navy, Air Force, 
        and Marine Corps, request the Department of Defense to confirm 
        the accuracy and authenticity of the certification or 
        verification.

    ``(B) A response confirming or denying the information shall be 
provided within five business days.''.
    (d) Improved Notice to Members.--Section 1142(b)(4)(A) of title 10, 
United States Code, is amended by inserting before the semicolon the 
following: ``, including State-submitted and approved lists of military 
training and skills that satisfy occupational certifications and 
licenses''.
SEC. 543. LIMITATION 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--
                    ``(A) will not seek release from the cadet's 
                commissioned service obligation to obtain employment as 
                a professional athlete following graduation until the 
                cadet completes a period of at least two consecutive 
                years of commissioned service; and
                    ``(B) understands that the appointment alternative 
                described in paragraph (3) will not be used to allow the 
                cadet to obtain such employment until at least the end 
                of that two-year period.''.

    (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--
                    ``(A) will not seek release from the midshipman's 
                commissioned service obligation to obtain employment as 
                a professional athlete following graduation until the 
                midshipman completes a period of at least two 
                consecutive years of commissioned service; and
                    ``(B) understands that the appointment alternative 
                described in paragraph (3) will not be used to allow the 
                midshipman to obtain such employment until at least the 
                end of that two-year period.''.

[[Page 131 STAT. 1396]]

    (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--
                    ``(A) will not seek release from the cadet's 
                commissioned service obligation to obtain employment as 
                a professional athlete following graduation until the 
                cadet completes a period of at least two consecutive 
                years of commissioned service; and
                    ``(B) understands that the appointment alternative 
                described in paragraph (2) will not be used to allow the 
                cadet to obtain such employment until at least the end 
                of that two-year period.''.

    (d) <<NOTE: 10 USC 4348 note.>>  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. 544. TWO-YEAR EXTENSION OF SUICIDE PREVENTION AND RESILIENCE 
                        PROGRAM FOR THE NATIONAL GUARD AND 
                        RESERVES.

    Section 10219(g) of title 10, United States Code, is amended by 
striking ``October 1, 2018'' and inserting ``October 1, 2020''.
SEC. 545. <<NOTE: 10 USC 6931 note prec.>>  ANNUAL CERTIFICATIONS 
                        RELATED TO READY, RELEVANT LEARNING 
                        INITIATIVE OF THE NAVY.

    (a) Annual Certifications Required.--Not later than March 1, 2018, 
and each year thereafter, the Secretary of the Navy shall submit to the 
Committees on Armed Services of the Senate and the House of 
Representatives a certification on the status of implementation of the 
Ready, Relevant Learning initiative of the Navy for each applicable 
enlisted rating.
    (b) Elements.--Each certification under subsection (a) shall include 
the following:
            (1) A certification by the Commander of the United States 
        Fleet Forces Command that the block learning and modernized 
        delivery methods of the Ready, Relevant Learning initiative to 
        be implemented during the fiscal year beginning in which such 
        certification is submitted will meet or exceed the existing 
        training delivery approach for all associated training 
        requirements.
            (2) A certification by the Secretary of the Navy that the 
        content re-engineering necessary to meet all training objectives 
        and transition from the traditional training curriculum to the 
        modernized delivery format to be implemented during such fiscal 
        year will be complete prior to such transition, including full 
        functionality of all required course software and hardware.
            (3) A detailed cost estimate of transitioning to the block 
        learning and modernized delivery approaches to be implemented 
        during such fiscal year with funding listed by purpose, amount, 
        appropriations account, budget program element or line item, and 
        end strength adjustments.

[[Page 131 STAT. 1397]]

            (4) A detailed phasing plan associated with transitioning to 
        the block learning and modernized delivery approaches to be 
        implemented during such fiscal year, including the current 
        status, timing, and identification of reductions in ``A'' school 
        and ``C'' school courses, curricula, funding, and personnel.
            (5) A certification by the Secretary of the Navy that--
                    (A) the contracting strategy associated with 
                transitioning to the modernized delivery approach to be 
                implemented during such fiscal year has been completed; 
                and
                    (B) contracting actions contain sufficient 
                specification detail to enable a low risk approach to 
                receiving the deliverable end item or items on-budget, 
                on-schedule, and with satisfactory performance.
SEC. 546. <<NOTE: 10 USC 1143 note.>>  AUTHORITY TO EXPAND 
                        ELIGIBILITY FOR THE UNITED STATES MILITARY 
                        APPRENTICESHIP PROGRAM.

    (a) Expansion Authorized.--The Secretary of Defense may expand 
eligibility for the United Services Military Apprenticeship Program to 
include any member of the uniformed services.
    (b) Definition.--In this section, the term ``uniformed services'' 
has the meaning given such term in section 101(a)(5) of title 10, United 
States Code.
SEC. 547. LIMITATION ON AVAILABILITY OF FUNDS FOR ATTENDANCE OF 
                        AIR FORCE ENLISTED PERSONNEL AT AIR FORCE 
                        OFFICER PROFESSIONAL MILITARY EDUCATION 
                        IN-RESIDENCE COURSES.

    (a) Limitation.--None of the funds authorized to be appropriated or 
otherwise made available for the Department of the Air Force may be 
obligated or expended for the purpose of the attendance of Air Force 
enlisted personnel at Air Force officer professional military education 
(PME) in-residence courses until the later of--
            (1) the date on which the Secretary of the Air Force submits 
        to the Committees on Armed Services of the Senate and the House 
        of Representatives, and to the Comptroller General of the United 
        States, a report on the attendance of such personnel at such 
        courses as described in subsection (b);
            (2) the date on which the Comptroller General submits to 
        such committees the report setting forth an assessment of the 
        report under paragraph (1) as described in subsection (c); or
            (3) 180 days after the date of the enactment of this Act.

    (b) Secretary of the Air Force Report.--The report of the Secretary 
described in subsection (a)(1) shall include the following:
            (1) The purpose of the attendance of Air Force enlisted 
        personnel at Air Force officer professional military education 
        in-residence courses.
            (2) The objectives for the attendance of such enlisted 
        personnel at such officer professional military education 
        courses.
            (3) The required prerequisites for such enlisted personnel 
        to attend such officer professional military education courses.
            (4) The process for selecting such enlisted personnel to 
        attend such officer professional military education courses.
            (5) The impact of the attendance of such enlisted personnel 
        at such officer professional military education courses on the

[[Page 131 STAT. 1398]]

        availability of officer allocations for the attendance of 
        officers at such courses.
            (6) The impact of the attendance of such enlisted personnel 
        at such officer professional military education courses on the 
        morale and retention of officers attending such courses.
            (7) The resources required for such enlisted personnel to 
        attend such officer professional military education courses.
            (8) The impact on unit and overall Air Force manning levels 
        of the attendance of such enlisted personnel at such officer 
        professional military education courses, especially at the 
        statutorily-limited end strengths of grades E-8 and E-9.
            (9) The extent to which graduation by such enlisted 
        personnel from such officer professional military education 
        courses is a requirement for Air Force or joint assignments.
            (10) The planned assignment utilization for Air Force 
        enlisted graduates of such officer professional military 
        education courses.
            (11) Any other matters in connection with the attendance of 
        such enlisted personnel at such officer professional military 
        education courses that the Secretary considers appropriate.

    (c) Comptroller General of the United States Report.--
            (1) In general.--Not later than 90 days after the date the 
        Secretary submits the report described in subsection (a)(1), the 
        Comptroller General shall submit to the Committees on Armed 
        Services of the Senate and the House of Representatives a 
        briefing on an assessment of the report by the Comptroller 
        General. As soon as practicable after the briefing, the 
        Comptroller General shall submit to such committees a report on 
        such assessment for purposes of subsection (a)(2).
            (2) Elements.--The report under paragraph (1) shall include 
        the following:
                    (A) An assessment of whether the conclusions and 
                assertions included in the report of the Secretary under 
                subsection (a) are comprehensive, fully supported, and 
                sufficiently detailed.
                    (B) An identification of any shortcomings, 
                limitations, or other reportable matters that affect the 
                quality of the findings or conclusions of the report of 
                the Secretary.
SEC. 548. <<NOTE: 10 USC 2107 note.>>  LIEUTENANT HENRY OSSIAN 
                        FLIPPER LEADERSHIP SCHOLARSHIPS.

    (a) In General.--The Secretary of the Army shall designate a number 
of scholarships under the Army Senior Reserve Officers' Training Corps 
(SROTC) program that are available to students at minority-serving 
institutions as ``Lieutenant Henry Ossian Flipper Leadership 
Scholarships''.
    (b) Number Designated.--The number of scholarships designated 
pursuant to subsection (a) shall be the number the Secretary determines 
appropriate to increase the number of Senior Reserve Officers' Training 
Corps scholarships at minority-serving institutions. In making the 
determination, the Secretary shall give appropriate consideration to the 
following:
            (1) The number of Senior Reserve Officers' Training Corps 
        scholarships available at all institutions participating in the 
        Senior Reserve Officer's Training Corps program.

[[Page 131 STAT. 1399]]

            (2) The number of such minority-serving institutions that 
        offer the Senior Reserve Officers' Training Corps program to 
        their students.

    (c) Amount of Scholarship.--The Secretary may increase any 
scholarship designated pursuant to subsection (a) to an amount in excess 
of the amount of the Senior Reserve Officers' Training Corps program 
scholarship that would otherwise be offered at the minority-serving 
institution concerned if the Secretary considers that a scholarship of 
such increased amount is appropriate for the purpose of the scholarship.
    (d) Minority-serving Institution Defined.--In this section, 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)).
SEC. 549. <<NOTE: 10 USC 1580 note prec.>>  PILOT PROGRAMS ON 
                        APPOINTMENT IN THE EXCEPTED SERVICE IN THE 
                        DEPARTMENT OF DEFENSE OF PHYSICALLY 
                        DISQUALIFIED FORMER CADETS AND MIDSHIPMEN.

    (a) Pilot Programs Authorized.--
            (1) In general.--Each Secretary of a military department may 
        carry out a pilot program under which former cadets or 
        midshipmen described in paragraph (2) (in this section referred 
        to as ``eligible individuals'') under the jurisdiction of such 
        Secretary may be appointed by the Secretary of Defense in the 
        excepted service under section 3320 of title 5, United States 
        Code, in the Department of Defense.
            (2) Cadets and midshipmen.--Except as provided in paragraph 
        (3), a former cadet or midshipman described in this paragraph is 
        any former cadet at the United States Military Academy or the 
        United States Air Force Academy, and any former midshipman at 
        the United States Naval Academy, who--
                    (A) completed the prescribed course of instruction 
                and graduated from the applicable service academy; and
                    (B) is determined to be medically disqualified to 
                complete a period of active duty in the Armed Forces 
                prescribed in an agreement signed by such cadet or 
                midshipman in accordance with section 4348, 6959, or 
                9348 of title 10, United States Code.
            (3) Exception.--A former cadet or midshipman whose medical 
        disqualification as described in paragraph (2)(B) is the result 
        of the gross negligence or misconduct of the former cadet or 
        midshipman is not an eligible individual for purposes of 
        appointment under a pilot program.

    (b) Purpose.--The purpose of the pilot programs conducted under this 
section is to evaluate the feasibility and advisability of permitting 
eligible individuals who cannot accept a commission or complete a period 
of active duty in the Armed Forces prescribed by the Secretary of the 
military department concerned to fulfill an obligation for active duty 
service in the Armed Forces through service as a civilian employee of 
the Department of Defense.
    (c) Positions.--
            (1) In general.--The positions to which an eligible 
        individual may be appointed under a pilot program conducted 
        under this section are existing positions within the Department 
        of Defense in grades up to GS-9 under the General Schedule

[[Page 131 STAT. 1400]]

        under section 5332 of title 5, United States Code (or 
        equivalent). The authority in subsection (a) does not authorize 
        the creation of additional positions, or create any vacancies to 
        which eligible individuals may be appointed under a pilot 
        program.
            (2) Term positions.--Any appointment under a pilot program 
        shall be to a position having a term of five years or less.

    (d) Scope of Authority.--
            (1) Recruitment and retention of eligible individuals.--The 
        authority in subsection (a) may be used only to the extent 
        necessary to recruit and retain on a non-competitive basis 
        cadets and midshipmen who are relieved of an obligation for 
        active duty in the Armed Forces due to becoming medically 
        disqualified from serving on active duty in the Armed Forces, 
        and may not be used to appoint any other individuals in the 
        excepted service.
            (2) Voluntary acceptance of appointments.--A pilot program 
        conducted under this section may not be used as an implicit or 
        explicit basis for compelling an eligible individual to accept 
        an appointment in the excepted service in accordance with this 
        section.

    (e) Relationship to Repayment Provisions.--Completion of a term 
appointment pursuant to a pilot program conducted under this section 
shall relieve the eligible individual concerned of any repayment 
obligation under section 303a(e) or 373 of title 37, United States Code, 
with respect to the agreement of the individual described in subsection 
(a)(2)(B).
    (f) Termination.--
            (1) In general.--The authority to appoint eligible 
        individuals in the excepted service under a pilot program 
        conducted under this section shall expire on the date that is 
        four years after the date of the enactment of this Act.
            (2) Effect on existing appointments.--The termination by 
        paragraph (1) of the authority in subsection (a) shall not 
        affect any appointment made under that authority before the 
        termination date specified in paragraph (1) in accordance with 
        the terms of such appointment.

    (g) Reporting Requirement.--
            (1) Report required.--Not later than the date that is three 
        years after the date of the enactment of this Act, each 
        Secretary of a military department shall submit to the 
        appropriate congressional committees a report containing an 
        evaluation of the effectiveness of the pilot program conducted 
        by such Secretary under this section, including the number of 
        eligible individuals appointed as civilian employees of the 
        Department of Defense under the program and the retention rate 
        for such employees.
            (2) Appropriate congressional committees defined.--In this 
        section, the term ``appropriate congressional committees'' means 
        the Committee on Armed Services and the Committee on Homeland 
        Security and Government Affairs of the Senate and the Committee 
        on Armed Services and the Committee on Oversight and Government 
        Reform of the House of Representatives.

[[Page 131 STAT. 1401]]

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

              PART I--DEFENSE DEPENDENTS' EDUCATION MATTERS

SEC. 551. ASSISTANCE TO SCHOOLS WITH MILITARY DEPENDENT STUDENTS.

    (a) Impact Aid for Children With Severe Disabilities.--
            (1) In general.--Of the amount authorized to be appropriated 
        for fiscal year 2018 pursuant to section 301 and available for 
        operation and maintenance for Defense-wide activities as 
        specified in the funding table in section 4301, $10,000,000 
        shall be available for payments under section 363 of the Floyd 
        D. Spence National Defense Authorization Act for Fiscal Year 
        2001 (20 U.S.C. 7703a).
            (2) Use of certain amount.--Of the amount available under 
        subsection (a) for payments as described in that subsection, 
        $5,000,000 shall be available for such payments to local 
        educational agencies determined by the Secretary of Defense, in 
        the discretion of the Secretary, to have higher concentrations 
        of military children with severe disabilities.

    (b) 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 section 4301, $40,000,000 shall be available only for the 
purpose of providing assistance to local educational agencies under 
subsection (a) of section 572 of the National Defense Authorization Act 
for Fiscal Year 2006 (Public Law 109-163; 20 U.S.C. 7703b).
    (c) Local Educational Agency Defined.--In this section, the term 
``local educational agency'' has the meaning given that term in section 
7013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
7713(9)).
SEC. 552. TRANSITIONS OF MILITARY DEPENDENT STUDENTS FROM 
                        DEPARTMENT OF DEFENSE DEPENDENT SCHOOLS TO 
                        OTHER SCHOOLS AND AMONG SCHOOLS OF LOCAL 
                        EDUCATIONAL AGENCIES.

    (a) Permanent Support Authority.--Section 574(c) of the John Warner 
National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-
364; 20 U.S.C. 7703b note) is amended by striking paragraph (3).
    (b) Conforming Amendment.--Section 572(b) of the National Defense 
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 20 U.S.C. 
7703b note) is amended by striking ``that includes a request for the 
extension of section 574(c) of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 shall include'' and inserting 
``shall include, with respect to section 574(c) of the John Warner 
National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-
364; 20 U.S.C. 7703b note),''.

[[Page 131 STAT. 1402]]

SEC. 553. REPORT ON EDUCATIONAL OPPORTUNITIES IN SCIENCE, 
                        TECHNOLOGY, ENGINEERING, AND MATHEMATICS 
                        FOR CHILDREN WHO ARE DEPENDENTS OF MEMBERS 
                        OF THE ARMED FORCES.

    Not later than two years after the date of the enactment of this 
Act, the Secretary of Defense shall submit to the congressional defense 
committees a report containing a description and assessment of--
            (1) current Department of Defense programs intended to 
        improve educational opportunities and achievement in science, 
        technology, engineering, and mathematics for children who are 
        dependents of members of the Armed Forces; and
            (2) Department of Defense efforts to increase opportunities 
        and achievement in science, technology, engineering, and 
        mathematics for children who are dependents of members of the 
        Armed Forces.

               PART II--MILITARY FAMILY READINESS MATTERS

SEC. 555. 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:
``Sec. 1788a. <<NOTE: 10 USC 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).

    (b) Reporting Requirement.--Section 1788a of title 10, United States 
Code, as added by subsection (a) of this section, is further amended--
            (1) by redesignating subsection (d), as so added, as 
        subsection (c); and
            (2) by inserting after such subsection the following new 
        subsection (d):

    ``(d) Annual Report.--
            ``(1) Report required.--Not later than March 1, 2019, and 
        each March 1 thereafter, the Commander, in coordination with the 
        Under Secretary of Defense for Personnel and Readiness, shall 
        submit to the congressional defense committees a report 
        describing the progress made in achieving the goals of the 
        family support programs conducted under this section.
            ``(2) Elements of reports.--Each report under this 
        subsection shall include the following:
                    ``(A) A detailed description of the programs 
                conducted under this section to address family support 
                requirements for family members of members of the armed 
                forces assigned to special operations forces.

[[Page 131 STAT. 1403]]

                    ``(B) An assessment of the impact of the programs on 
                military readiness and on family members of members of 
                the armed forces assigned to special operations forces.
                    ``(C) A description of the special operations-
                peculiar aspects of the programs and a comparison and 
                differentiation of these programs with other programs 
                conducted by the Secretaries of the military departments 
                to provide family support services to immediate family 
                members of members of the armed forces.
                    ``(D) Recommendations for incorporating lessons 
                learned into other family support programs.
                    ``(E) Any other matters the Commander considers 
                appropriate regarding the programs.''.

    (c) Funding.--Subsection (c) of section 1788a of title 10, United 
States Code, as added by subsection (a) of this section and redesignated 
by subsection (b)(1) 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.''.
    (d) 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 (e)--
                    (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''.

    (e) Clerical Amendment.--The table of sections at the beginning of 
subchapter I of chapter 88 of title 10, United States <<NOTE: 10 USC 
1781 prec.>>  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.''.

    (f) 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. 556. 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) From amounts otherwise made available for a fiscal year to 
provide travel and transportation allowances under this chapter, the 
Secretary concerned may reimburse a member of the

[[Page 131 STAT. 1404]]

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) Not later than December 31, 2021, the Secretary of Defense, in 
consultation with the Secretary of Homeland Security with respect to the 
Coast Guard, shall submit to 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 a report--
            ``(A) describing the extent to which the reimbursement 
        authority provided by this subsection has been used; and
            ``(B) containing a recommendation by the Secretaries 
        regarding whether the authority should be extended beyond the 
        date specified in paragraph (4).

    ``(4) No reimbursement may be provided under this subsection for 
qualified relicensing costs paid or incurred after December 31, 2022.
    ``(5) 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;

[[Page 131 STAT. 1405]]

                    (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 defined.--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. 557. TEMPORARY EXTENSION OF EXTENDED PERIOD OF PROTECTIONS 
                        FOR MEMBERS OF UNIFORMED SERVICES RELATING 
                        TO MORTGAGES, MORTGAGE FORECLOSURE, AND 
                        EVICTION.

    Section 710(d) of the Honoring America's Veterans and Caring for 
Camp Lejeune Families Act of 2012 (Public Law 112-154; 50 U.S.C. 3953 
note) is amended--
            (1) in paragraph (1), by striking ``December 31, 2017'' and 
        inserting ``December 31, 2019''; and
            (2) in paragraph (3), by striking ``January 1, 2018'' and 
        inserting ``January 1, 2020''.
SEC. 558. <<NOTE: 10 USC 1791 note.>>  ENHANCING MILITARY 
                        CHILDCARE PROGRAMS AND ACTIVITIES OF THE 
                        DEPARTMENT OF DEFENSE.

    (a) Hours of Operation of Military Childcare Development Centers.--
Each Secretary of a military department shall ensure, to the extent 
practicable, that the hours of operation of each childcare development 
center under the jurisdiction of the Secretary are established and 
maintained in manner that takes into account the demands and 
circumstances of members of the Armed Forces, including members of the 
reserve components, who use such center in facilitation of the 
performance of their military duties.
    (b) Matters to Be Taken Into Account.--The demands and circumstances 
to be taken into account under subsection (a) for purposes of setting 
and maintaining the hours of operation of a childcare development center 
shall include the following:
            (1) Mission requirements of units whose members use the 
        childcare development center.
            (2) The unpredictability of work schedules, and fluctuations 
        in day-to-day work hours, of such members.
            (3) The potential for frequent and prolonged absences of 
        such members for training, operations, and deployments.
            (4) The location of the childcare development center on the 
        military installation concerned, including the location in 
        connection with duty locations of members and applicable 
        military family housing.
            (5) Such other matters as the Secretary of the military 
        department concerned considers appropriate for purposes of this 
        section.

    (c) Childcare Coordinators for Military Installations.--Each 
Secretary of a military department may provide for a childcare 
coordinator at each military installation under the jurisdiction of

[[Page 131 STAT. 1406]]

the Secretary at which are stationed significant numbers of members of 
the Armed Forces with accompanying dependent children, as determined by 
the Secretary. The childcare coordinator may work with the commander of 
the installation to ensure that childcare is available and responsive to 
the needs of members assigned to the installation.
SEC. 559. <<NOTE: 10 USC 1792 note.>>  DIRECT HIRE AUTHORITY FOR 
                        DEPARTMENT OF DEFENSE FOR CHILDCARE 
                        SERVICES PROVIDERS FOR DEPARTMENT CHILD 
                        DEVELOPMENT CENTERS.

    (a) In General.--The Secretary of Defense may appoint, without 
regard to any provision of subchapter I of chapter 33 of title 5, United 
States Code, qualified childcare services providers in the competitive 
service if the Secretary determines that--
            (1) there is a critical hiring need for childcare services 
        providers for Department of Defense child development centers; 
        and
            (2) there is a shortage of childcare services providers.

    (b) Regulations.--The Secretary shall carry out this section in 
accordance with regulations prescribed by the Secretary for purposes of 
this section.
    (c) Deadline for Implementation.--The Secretary shall prescribe the 
regulations required by subsection (b), and commence implementation of 
subsection (a), by not later than May 1, 2018.
    (d) Briefing.--Not later than 90 days after the end of each of 
fiscal years 2019 and 2021, the Secretary of Defense shall provide a 
briefing to the Committee on Armed Services of the House of 
Representatives, the Committee on Armed Services of the Senate, the 
Committee on Oversight and Government Reform of the House of 
Representatives, and the Committee on Homeland Security and Governmental 
Affairs of the Senate on the use of the appointment authority provided 
by subsection (a).
    (e) Childcare Services Provider Defined.--In this section, the term 
``childcare services provider'' means a person who provides childcare 
services for dependent children of members of the Armed Forces and 
civilian employees of the Department of Defense in child development 
centers on Department installations.
    (f) Expiration of Authority.--The appointment authority provided by 
subsection (a) expires on September 30, 2021.
SEC. 560. <<NOTE: 10 USC 1784 note.>>  PILOT PROGRAM ON PUBLIC-
                        PRIVATE PARTNERSHIPS FOR TELEWORK 
                        FACILITIES FOR MILITARY SPOUSES ON 
                        MILITARY INSTALLATIONS OUTSIDE THE UNITED 
                        STATES.

    (a) In General.--Commencing not later than one year after the date 
of the enactment of this Act, the Secretary of Defense shall carry out a 
pilot program to assess the feasability and advisability of providing 
telework facilities for military spouses on military installations 
outside the United States. The Secretary shall consult with the host 
nation or nations concerned in carrying out the pilot program.
    (b) Number of Installations.--The Secretary shall carry out the 
pilot program at not less than two military installations outside the 
United States selected by the Secretary for purposes of the pilot 
program.
    (c) Duration.--The duration of the pilot program shall be a period 
selected by the Secretary, but not more than three years.
    (d) Elements.--The pilot program shall include the following 
elements:

[[Page 131 STAT. 1407]]

            (1) The pilot program shall be conducted as one or more 
        public-private partnerships between the Department of Defense 
        and a private corporation or partnership of private 
        corporations.
            (2) The corporation or corporations participating in the 
        pilot program shall contribute to the carrying out of the pilot 
        program an amount equal to the amount committed by the Secretary 
        to the pilot program at the time of its commencement.
            (3) The Secretary shall enter into one or more memoranda of 
        understanding with the corporation or corporations participating 
        in the pilot program for purposes of the pilot program, 
        including the amounts to be contributed by such corporation or 
        corporations pursuant to paragraph (2).
            (4) The telework undertaken by military spouses under the 
        pilot program may only be for United States companies.
            (5) The pilot program shall permit military spouses to 
        provide administrative, informational technology, professional, 
        and other necessary support to companies through telework from 
        Department installations outside the United States.

    (e) Funding.--Of the amount authorized to be appropriated for fiscal 
year 2018 by section 421 and available for military personnel as 
specified in the funding table in section 4401, up to $1,000,000 may be 
available to carry out the pilot program, including entry into memoranda 
of understanding pursuant to subsection (d)(3) and payment by the 
Secretary of the amount committed by the Secretary to the pilot program 
pursuant to subsection (d)(2).

                   Subtitle G--Decorations and Awards

SEC. 561. AUTHORIZATION FOR AWARD OF THE MEDAL OF HONOR TO GARLIN 
                        M. CONNER FOR ACTS OF VALOR DURING WORLD 
                        WAR II.

    (a) Waiver of Time Limitations.--Notwithstanding the time 
limitations specified in section 3744 of title 10, United States Code, 
or any other time limitation with respect to the awarding of certain 
medals to persons who served in the Armed Forces, the President may 
award the Medal of Honor under section 3741 of such title to Garlin M. 
Conner for the acts of valor during World War II described in subsection 
(b).
    (b) Acts of Valor Described.--The acts of valor referred to in 
subsection (a) are the actions of Garlin M. Conner during combat on 
January 24, 1945, as a member of the United States Army in the grade of 
First Lieutenant in France while serving with Company K, 3d Battalion, 
7th Infantry Regiment, 3d Infantry Division, for which he was previously 
awarded the Distinguished-Service Cross.
SEC. 562. AUTHORIZATION FOR AWARD OF DISTINGUISHED-SERVICE CROSS 
                        TO SPECIALIST FRANK M. CRARY FOR ACTS OF 
                        VALOR IN VIETNAM.

    (a) Authorization.--Notwithstanding the time limitations specified 
in section 3744 of title 10, United States Code, or any other time 
limitation with respect to the awarding of certain medals to persons who 
served in the Armed Forces, the President may award the Distinguished-
Service Cross under section 3742 of such

[[Page 131 STAT. 1408]]

title to Specialist Frank M. Crary for the acts of valor in Vietnam 
described in subsection (b).
    (b) Acts of Valor Described.--The acts of valor referred to in 
subsection (a) are the actions of Frank M. Crary on April 7, 1966, as a 
member of the Army serving in the grade of Specialist in Vietnam while 
serving with Company D, 1st Battalion (Airborne), 12th Cavalry Regiment, 
1st Cavalry Division.

            Subtitle H--Miscellaneous Reporting Requirements

SEC. 571. ANALYSIS AND REPORT ON ACCOMPANIED AND UNACCOMPANIED 
                        TOURS OF DUTY IN REMOTE LOCATIONS WITH 
                        HIGH FAMILY SUPPORT COSTS.

    (a) Analysis Required.--The Secretary of Defense shall conduct a 
comparative analysis of accompanied tours of duty and unaccompanied 
tours of duty of members of the Armed Forces in remote locations with 
high family support costs (including facility construction and operation 
costs), including--
            (1) the Azores;
            (2) United States Naval Station, Guantanamo Bay, Cuba;
            (3) Okinawa, Japan;
            (4) the Republic of Korea;
            (5) Kwajalein Atoll;
            (6) Al Udeid Air Base, Qatar; and
            (7) such other locations as the Secretary considers 
        appropriate for purposes of the analysis.

    (b) Reporting Requirement.--Not later than one year after the date 
of the enactment of this Act, the Secretary of Defense shall submit to 
the congressional defense committees a report containing the results of 
the analysis conducted under subsection (a).
SEC. 572. REVIEW AND REPORTS ON POLICIES FOR REGULAR AND RESERVE 
                        OFFICER CAREER MANAGEMENT.

    (a) Review Required.--The Secretary of Defense, in consultation with 
the Secretaries of the military departments, shall conduct a review of 
the policies of the Department of Defense for the career management of 
regular and reserve officers of the Armed Forces pursuant to the Defense 
Officer Personnel Management Act (commonly referred to as ``DOPMA'') and 
the Reserve Officer Personnel Management Act (commonly referred to as 
``ROPMA'').
    (b) Elements of Review.--The review required by subsection (a) shall 
include the following:
            (1) A statistical analysis, based on exit surveys and other 
        data available to the military departments, on the impact that 
        current personnel policies under the Defense Officer Personnel 
        Management Act have on recruiting and retention of qualified 
        regular and reserve officers of the Armed Forces. Specifically, 
        the statistical analysis shall include an estimate of the number 
        of officers who leave the Armed Forces each year because of 
        dissatisfaction with the current personnel policies, including 
        career progression, promotion policies, and a perceived lack of 
        opportunity for schooling and broadening assignments.
            (2) An analysis of the extent to which current personnel 
        policies inhibit the professional development of officers.

[[Page 131 STAT. 1409]]

            (3) An analysis of the impact that increased flexibility in 
        promotion, assignments, and career length would have on officer 
        competency in their military occupational specialties.
            (4) An analysis of the efficacy of officer talent management 
        systems currently used by the military departments.
            (5) An analysis of the benefits and limitations of the 
        current promotion timelines and the ``up-or-out'' system 
        required by policy and law.
            (6) An analysis of the reasons and frequency with which 
        officers in the grade of O-3 or above are passed over for 
        promotion to the next higher grade, particularly those officers 
        who have pursued advanced degrees, broadening assignments, and 
        non-traditional career patterns.
            (7) The utility and feasibility of creating new competitive 
        categories or an independent career and promotion path for 
        officers in low-density military occupational specialties.
            (8) An analysis of how best to encourage and facilitate the 
        recruitment and retention of officers with technical expertise.
            (9) The utility and feasibility of encouraging officers to 
        pursue careers of lengths that vary from the traditional 20-year 
        military career and the mechanisms that could be employed to 
        encourage officers to pursue these varying career lengths.
            (10) An analysis of what actions have been or could be taken 
        within current statutory authority to address officer management 
        challenges.
            (11) An analysis of what actions can be taken by the Armed 
        Forces to change the institutional culture regarding commonly 
        held perceptions on appropriate promotion timelines, career 
        progression, and traditional career patterns.
            (12) An analysis of how the Armed Forces can avoid an 
        officer corps disproportionately weighted toward officers 
        serving in the grades of major, lieutenant colonel, and colonel 
        and Navy grades of lieutenant commander, commander, and captain, 
        if statutory officer grade caps are relaxed.
            (13) The utility and feasibility of allowing officers to 
        repeatedly and seamlessly transition between active duty and 
        reserve active-status throughout the course of their military 
        careers.
            (14) An analysis of the current officer force-shaping 
        authorities and any changes needed to these authorities to 
        improve recruiting, retention, and readiness.
            (15) An analysis of any other matters the Secretary of 
        Defense considers appropriate to improve the effective 
        recruitment and retention of officers.

    (c) Reporting Requirements.--
            (1) Initial report.--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 
        evaluating the impact on officer retention of granting promotion 
        boards the authority to recommend officers of particular merit 
        be placed at the top of the promotion list.
            (2) Complete report.--Not later than July 31, 2018, the 
        Secretary of Defense shall submit to the Committees on Armed 
        Services of the Senate and the House of Representatives a report 
        setting forth the results of the review conducted under 
        subsection (a).

[[Page 131 STAT. 1410]]

            (3) Scope of report.--If any recommendation of the Secretary 
        of Defense in a report required by this subsection requires 
        legislative or administrative action for implementation, the 
        report shall include a proposal for legislative action, or a 
        description of administrative action, as applicable, to 
        implement such recommendation.
SEC. 573. REVIEW AND REPORT ON EFFECTS OF PERSONNEL REQUIREMENTS 
                        AND LIMITATIONS ON THE AVAILABILITY OF 
                        MEMBERS OF THE NATIONAL GUARD FOR THE 
                        PERFORMANCE OF FUNERAL HONORS DUTY FOR 
                        VETERANS.

    (a) Review Required.--The Secretary of Defense shall undertake a 
review of the effects of the personnel requirements and limitations 
described in subsection (b) with respect to the members of the National 
Guard in order to determine whether or not such requirements unduly 
limit the ability of the Armed Forces to meet the demand for personnel 
to perform funeral honors in connection with funerals of veterans.
    (b) Personnel Requirements and Limitations.--The personnel 
requirements and limitations described in this subsection are the 
following:
            (1) Requirements, such as the ceiling on the authorized 
        number of members of the National Guard on active duty pursuant 
        to section 115(b)(2)(B) of title 10, United States Code, or end-
        strength limitations, that may operate to limit the number of 
        members of the National Guard available for the performance of 
        funeral honors duty.
            (2) Any other requirements or limitations applicable to the 
        reserve components of the Armed Forces in general, or the 
        National Guard in particular, that may operate to limit the 
        number of members of the National Guard available for the 
        performance of funeral honors duty.

    (c) Report.--Not later than six months after the date of the 
enactment of this Act, the Secretary shall submit to the Committees on 
Armed Services of the Senate and the House of Representatives a report 
on the review undertaken pursuant to subsection (a). The report shall 
include the following:
            (1) A description of the review.
            (2) Such recommendations as the Secretary considers 
        appropriate in light of the review for legislative or 
        administrative action to expand the number of members of the 
        National Guard available for the performance of funeral honors 
        functions at funerals of veterans.
SEC. 574. REVIEW AND REPORT ON AUTHORITIES FOR THE EMPLOYMENT, 
                        USE, AND STATUS OF NATIONAL GUARD AND 
                        RESERVE TECHNICIANS.

    (a) Review Required.--The Secretary of Defense shall conduct a 
review of the following:
            (1) Authority for the employment, use, and status of 
        National Guard technicians under section 709 of title 32, United 
        States Code (commonly referred to as the National Guard 
        Technicians Act of 1968).
            (2) Authorities for the employment, use, and status of 
        National Guard and Reserve technicians under sections 10216 
        through 10218 of title 10, United States Code.
            (3) Any other authorities on the employment, use, and status 
        of National Guard and Reserve technicians under law.

[[Page 131 STAT. 1411]]

    (b) Purposes.--The purposes of the review under subsection (a) shall 
be as follows:
            (1) To define the mission and requirements of National Guard 
        and Reserve technicians.
            (2) To identify means to improve the management and 
        administration of the National Guard and Reserve technician 
        workforce.
            (3) To identify means to enhance the capability of the 
        Department of Defense to recruit and retain National Guard and 
        Reserve technicians.
            (4) To assess the current career progression tracks of 
        National Guard and Reserve technicians.

    (c) Consultation.--In conducting the review under subsection (a), 
the Secretary of Defense shall consult with the Chief of the National 
Guard Bureau, the Chief of Army Reserve, the Chief of Air Force Reserve, 
and representatives of National Guard and Reserve technicians, including 
collective bargaining representatives of such technicians.
    (d) Inclusion of Recent Authorities in Review.--The Secretary of 
Defense shall ensure that the review conducted under subsection (a) 
takes into account authorities, and modifications of authorities, for 
the employment, use, and status of National Guard and Reserve 
technicians contained in the National Defense Authorization Act for 
Fiscal Year 2016 (Public Law 114-92) and the National Defense 
Authorization Act for Fiscal Year 2017 (Public Law 114-328).
    (e) Required Review Elements.--In meeting the purposes of the review 
conducted under subsection (a), as set forth in subsection (b), the 
Secretary of Defense shall address, in particular, the following:
            (1) The extent to which National Guard and Reserve 
        technicians are assigned military duties inconsistent with, or 
        of a different nature than, their civilian duties, the impact of 
        such assignments on unit readiness, and the effect of such 
        assignments on the career progression of technicians.
            (2) The use by the Department of Defense (especially within 
        the National Guard) of selective retention boards to separate 
        National Guard and Reserve technicians from military service 
        (with the effect of thereby separating them from civilian 
        service) before they accrue a full, unreduced retirement annuity 
        in connection with Federal civilian service, and whether that 
        use is consistent with the authority in section 10216(f) of 
        title 10, United States Code, that technicians be permitted to 
        remain in service past their mandatory separation date until 
        they qualify for an unreduced retirement annuity.
            (3) The impact on recruitment and retention, and the 
        budgetary impact, of permitting National Guard and Reserve 
        technicians who receive an enlistment incentive before becoming 
        a technician to retain such incentive upon becoming a 
        technician.

    (f) Reporting Requirement.--Not later than April 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--
            (1) the results of the review conducted under subsection 
        (a), including a discussion of the matters set forth in 
        subsections (b) and (e); and

[[Page 131 STAT. 1412]]

            (2) such recommendations for legislative or administrative 
        action as the Secretary considers appropriate in light of the 
        review in order to improve and enhance the employment, use, and 
        status of National Guard and Reserve technicians.
SEC. 575. ASSESSMENT AND REPORT ON EXPANDING AND CONTRACTING FOR 
                        CHILDCARE SERVICES OF THE DEPARTMENT OF 
                        DEFENSE.

    (a) Assessment Required.--The Secretary of Defense shall conduct an 
assessment of the feasibility and advisability of the following:
            (1) Expanding the operating hours of childcare facilities of 
        the Department of Defense in order to meet childcare services 
        requirements for swing-shift, night-shift, and weekend workers.
            (2) Using contracts with private-sector childcare services 
        providers to expand the availability of childcare services for 
        members of the Armed Forces at locations outside military 
        installations at costs similar to the current costs for 
        childcare services through child development centers on military 
        installations.
            (3) Contracting with private-sector childcare services 
        providers to operate childcare facilities of the Department on 
        military installations.
            (4) Expanding childcare services as described in paragraphs 
        (1) through (3) to members of the National Guard and Reserves in 
        a manner that does not substantially raise costs of childcare 
        services for the military departments or conflict with others 
        who have a higher priority for space in childcare services 
        programs, such as members of the Armed Forces on active duty.

    (b) Reporting Requirement.--Not later than September 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 the 
results of the assessment conducted under subsection (a).
SEC. 576. REVIEW AND REPORT ON COMPENSATION PROVIDED CHILDCARE 
                        SERVICES PROVIDERS OF THE DEPARTMENT OF 
                        DEFENSE.

    (a) Review Required.--The Secretary of Defense shall conduct a 
review of the compensation provided for childcare services providers 
within the Department of Defense, including positions subject to General 
Schedule pay grades and positions occupied by nonappropriated fund 
instrumentality employees.
    (b) Elements of Review.--The review conducted under subsection (a) 
shall include the following:
            (1) A comparison of the compensation provided for childcare 
        services provider positions within the Department with the 
        compensation provided to childcare services providers in the 
        private sector who provide similar childcare services.
            (2) An assessment of the mix of General Schedule pay grades 
        and compensation levels for nonappropriated fund instrumentality 
        employees currently required by the Department to most 
        effectively recruit and retain childcare services providers for 
        dependents of members of the Armed Forces.
            (3) A comparison of the budget implications of the current 
        General Schedule pay grade mix and nonappropriated fund 
        instrumentality compensation levels with the pay grade mix and 
        compensation levels determined pursuant to paragraph

[[Page 131 STAT. 1413]]

        (2) to be required by the Department to most effectively recruit 
        and retain childcare services providers for dependents of 
        members of the Armed Forces.

    (c) Reporting Requirement.--Not later than September 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 the 
results of the review conducted under subsection (a).
SEC. 577. COMPTROLLER GENERAL OF THE UNITED STATES ASSESSMENT AND 
                        REPORT ON THE OFFICE OF COMPLEX 
                        INVESTIGATIONS WITHIN THE NATIONAL GUARD 
                        BUREAU.

    (a) Assessment Required.--The Comptroller General of the United 
States shall conduct an assessment on the purpose, structure, and 
effectiveness of the Office of Complex Investigations within the 
National Guard Bureau.
    (b) Elements of Assessment.--The assessment conducted under 
subsection (a) shall address the following:
            (1) The purpose of the Office of Complex Investigations and 
        the criteria used to determine which cases will be investigated 
        by the office.
            (2) The services provided by the Office of Complex 
        Investigations.
            (3) The authority under which the Office of Complex 
        Investigations may investigate violations of State law.
            (4) The structure of the Office of Complex Investigations, 
        including--
                    (A) the number of individuals assigned, both 
                permanently and temporarily, to the office;
                    (B) the organizational structure of the office; and
                    (C) the annual budget of the office, the source of 
                funding, and the extent to which States are required to 
                reimburse the Department of Defense for activities 
                conducted by the office.
            (5) The extent to which the investigations conducted by the 
        Office of Complex Investigations could be conducted by another 
        State or Federal entity.
            (6) The policies governing the Office of Complex 
        Investigations, and the extent to which the office adheres to 
        these policies.
            (7) The training provided to investigators and other 
        employees of the Office of Complex Investigations.
            (8) Any other matters the Comptroller General considers 
        relevant to the assessment.

    (c) Reporting Requirement.--Not later than October 31, 2018, the 
Comptroller General 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 subsection (a).
SEC. 578. MODIFICATION OF SUBMITTAL DATE OF COMPTROLLER GENERAL OF 
                        THE UNITED STATES REPORT ON INTEGRITY OF 
                        THE DEPARTMENT OF DEFENSE WHISTLEBLOWER 
                        PROGRAM.

    Section 536(a) of the National Defense Authorization Act for Fiscal 
Year 2017 (Public Law 114-328; 130 Stat. 2124) is amended by striking 
``18 months after the date of the enactment of this Act'' and inserting 
``December 31, 2018''.

[[Page 131 STAT. 1414]]

                        Subtitle I--Other Matters

SEC. 581. 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'';
                    (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

[[Page 131 STAT. 1415]]

                    (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:
``Sec. 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, <<NOTE: 10 USC 9301 prec.>>  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. 582. CONDITIONAL DESIGNATION OF EXPLOSIVE ORDNANCE DISPOSAL 
                        CORPS AS A BASIC BRANCH OF THE ARMY.

    (a) Conditional Designation.--Subject to subsection (b), section 
3063(a) of title 10, United States Code, is amended--
            (1) in paragraph (12), by striking ``and'';
            (2) by redesignating paragraph (13) as paragraph (14); and
            (3) by inserting after paragraph (12) the following new 
        paragraph (13):
            ``(13) Explosive Ordnance Disposal Corps; and''.

    (b) <<NOTE: 10 USC 3063 note.>>  Delayed Effective Date and 
Condition on Execution.--
            (1) Effective date.--The amendments made by subsection (a) 
        shall take effect on October 1, 2020, but only if the report 
        required by paragraph (2) is not submitted before that date as 
        required by such paragraph.
            (2) Reporting requirement.--Not later than September 30, 
        2020, the Secretary of the Army shall submit to the Committees 
        on Armed Services of the Senate and the House of Representatives 
        a report containing certifications that the following actions 
        have occurred as of that date:
                    (A) The defense budget materials display funding 
                requirements for explosive ordnance disposal separately 
                and a program of record is established and maintained 
                for explosive ordnance disposal.
                    (B) A process has been established to ensure that, 
                by not later than five years after the date of the 
                enactment of this Act, there is, and will continue to 
                be, at least one general officer in the Army qualified 
                regarding issues involving explosive ordnance disposal 
                to ensure officer professional development and upward 
                mobility.
                    (C) The Ordnance Personnel Proponency Office is, and 
                will continue to be, manned with an explosive ordnance 
                disposal officer to oversee explosive ordnance disposal 
                officer and enlisted personnel proponency.
                    (D) Explosive ordnance disposal officer education 
                has been included in a basic officer leadership course, 
                a captains career course, and a policy and planning 
                course specific to explosive ordnance disposal as part 
                of intermediate level education and pre-command courses.
                    (E) The office of the Army Deputy Chief of Staff, 
                G8, and the office of the Army Deputy Chief of Staff, 
                G3,

[[Page 131 STAT. 1416]]

                have, and will continue to be, manned with explosive 
                ordnance disposal officers responsible for the decision 
                management decision packages, ammunition organizational 
                integration, and force modernization related to 
                explosive ordnance disposal.
                    (F) The Army has established and maintained 
                explosive ordnance disposal cells at the Army Forces 
                Command, Army Service Component Commands, Army Special 
                Operations Command, Army Training and Doctrine Command, 
                and the Army Capability and Integration Center.
            (3) Notice of report.--The Secretary of the Army shall 
        notify the Law Revision Counsel of the House of Representatives 
        of the submission of the report under paragraph (2) so that the 
        Law Revision Counsel does not execute the amendments made by 
        subsection (a).
SEC. 583. <<NOTE: 10 USC 131 note.>>  DESIGNATION OF OFFICE WITHIN 
                        OFFICE OF THE SECRETARY OF DEFENSE TO 
                        OVERSEE USE OF FOOD ASSISTANCE PROGRAMS BY 
                        MEMBERS OF THE ARMED FORCES ON ACTIVE 
                        DUTY.

    Not later than 90 days after the date of the enactment of this Act, 
the Secretary of Defense shall designate an office or official within 
the Office of the Secretary of Defense for purposes as follows:
            (1) To discharge responsibility for overseeing the efforts 
        of the Department of Defense to collect, analyze, and monitor 
        data on the use of food assistance programs by members of the 
        Armed Forces on active duty.
            (2) To establish and maintain relationships with other 
        departments and agencies of the Federal Government to facilitate 
        the discharge of the responsibility specified in paragraph (1).

           TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

Sec. 601. Annual adjustment of basic monthly pay.
Sec. 602. Prohibiting collection of additional amounts from members 
           living in units under Military Housing Privatization 
           Initiative.
Sec. 603. Limitation on modification of payment authority for Military 
           Housing Privatization Initiative housing.
Sec. 604. 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. 605. Extension of authority to provide temporary increase in rates 
           of basic allowance for housing under certain circumstances.
Sec. 606. Reevaluation of BAH for the military housing area including 
           Staten Island.

            Subtitle B--Bonus and Special and Incentive Pays

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.

[[Page 131 STAT. 1417]]

Sec. 616. Report regarding the national pilot shortage.
Sec. 617. Special aviation incentive pay and bonus authorities for 
           enlisted members who operate remotely piloted aircraft.
Sec. 618. Technical and conforming amendments relating to 2008 
           consolidation of special pay authorities.

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

Sec. 621. Permanent extension and cost-of-living adjustments of special 
           survivor indemnity allowances under the Survivor Benefit 
           Plan.
Sec. 622. Adjustments to Survivor Benefit Plan for members electing lump 
           sum payments of retired pay under the modernized retirement 
           system for members of the uniformed services.
Sec. 623. Technical correction regarding election to participate in 
           modernized retirement system for reserve component members 
           experiencing a break in service.
Sec. 624. Technical corrections to use of member's current pay grade and 
           years of service in a division of property involving 
           disposable retired pay.
Sec. 625. Continuation pay for the Coast Guard.

                        Subtitle D--Other Matters

Sec. 631. Land conveyance authority, Army and Air Force Exchange Service 
           property, Dallas, Texas.
Sec. 632. Authority for the Secretaries of the military departments to 
           provide for care of remains of those who die on active duty 
           and are interred in a foreign cemetery.
Sec. 633. Construction of domestic source requirement for footwear 
           furnished to enlisted members of the Armed Forces on initial 
           entry into the Armed Forces.
Sec. 634. Review and update of regulations governing debt collectors 
           interactions with unit commanders of members of the Armed 
           Forces.

                     Subtitle A--Pay and Allowances

SEC. 601. <<NOTE: 10 USC 1009 note.>>  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. PROHIBITING COLLECTION OF ADDITIONAL AMOUNTS FROM 
                        MEMBERS LIVING IN UNITS UNDER MILITARY 
                        HOUSING PRIVATIZATION INITIATIVE.

    (a) Prohibition.--Subchapter IV of chapter 169 of title 10, United 
States Code, is amended by adding at the end the following new section:
``Sec. 2886. <<NOTE: 10 USC 2886.>>  Prohibiting collection of 
                  amounts in addition to rent from members 
                  assigned to units

    ``(a) Prohibition.--An agreement for acquiring or constructing a 
military family housing unit or military unaccompanied housing unit 
under this subchapter which is entered into between the Secretary and an 
eligible entity shall prohibit the entity from imposing on a member of 
the armed forces who occupies the unit a supplemental payment, such as 
an out-of-pocket fee, in addition to the amount of rent the eligible 
entity charges for a unit of similar size and composition, without 
regard to whether or not the amount of the member's basic allowance for 
housing is less than the amount of the rent.
    ``(b) Permitting Certain Additional Payments.--Nothing in this 
section shall be construed to prohibit an eligible entity from

[[Page 131 STAT. 1418]]

imposing an additional payment for optional services provided to 
residents, such as access to a gym or a parking space, or an additional 
payment for non-essential utility services, as determined in accordance 
with regulations promulgated by the Secretary.
    ``(c) No Effect on Rental Guarantees or Differential Lease 
Payments.--Nothing in this section shall be construed to limit or 
otherwise affect the authority of the Secretary to enter into rental 
guarantee agreements under section 2876 of this title or to make 
differential lease payments under section 2877 of this title, so long as 
such agreements or payments do not require a member of the armed forces 
who is assigned to a military family housing unit or military 
unaccompanied housing unit under this subchapter to pay an out-of-pocket 
fee or payment in addition to the member's basic housing allowance.''.
    (b) Clerical Amendment.--The table of sections for subchapter IV of 
chapter 169 of such title <<NOTE: 10 USC 2871 prec.>>  is amended by 
adding at the end the following new item:

``2886. Prohibiting collection of amounts in addition to rent from 
           members assigned to units.''.

SEC. 603. LIMITATION ON MODIFICATION OF PAYMENT AUTHORITY FOR 
                        MILITARY HOUSING PRIVATIZATION INITIATIVE 
                        HOUSING.

    (a) In General.--For each month during 2018, the Secretary of 
Defense shall pay to a lessor of covered housing 1 percent of the amount 
calculated under section 403(b)(3)(A)(i) of title 37, United States 
Code, for the area in which the covered housing exists.
    (b) Definition.--In this section, the term ``covered housing'' means 
a unit of housing--
            (1) acquired or constructed under the alternative authority 
        of subchapter IV of chapter 169 of title 10, United States Code 
        (known as the Military Housing Privatization Initiative);
            (2) that is leased to a member of a uniformed service who 
        resides in such unit; and
            (3) for which the lessor charges such member rent that 
        equals or exceeds the amount calculated under section 
        403(b)(3)(A) of title 37, United States Code.

    (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) The management of the Military Housing Privatization 
        Initiative to date.
            (2) Plans for the Military Housing Privatization Initiative 
        after March 1, 2018.
            (3) The viability of the Military Housing Privatization 
        Initiative after March 1, 2018.
            (4) Alternatives to the Military Housing Privatization 
        Initiative.
SEC. 604. 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.--

[[Page 131 STAT. 1419]]

            (1) In general.--Chapter 7 of title 37, United States Code, 
        is amended by inserting after section 403 the following new 
        section:
``Sec. 403a. <<NOTE: 10 USC 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.

[[Page 131 STAT. 1420]]

            ``(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 shortening or 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 <<NOTE: 37 USC 401 prec.>>  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) <<NOTE: 37 USC 403a note.>>  Effective Date.--The amendments 
made by this section shall take effect on October 1, 2018.

[[Page 131 STAT. 1421]]

SEC. 605. EXTENSION OF AUTHORITY TO PROVIDE TEMPORARY INCREASE IN 
                        RATES OF BASIC ALLOWANCE FOR HOUSING UNDER 
                        CERTAIN CIRCUMSTANCES.

    Section 403(b)(7)(E) of title 37, United States Code, is amended by 
striking ``December 31, 2017'' and inserting ``December 31, 2018''.
SEC. 606. REEVALUATION OF BAH FOR THE MILITARY HOUSING AREA 
                        INCLUDING STATEN ISLAND.

    Not later than 90 days after the date of the enactment of this Act, 
the Secretary of Defense, using the most recent data available to the 
Secretary, shall reevaluate the basic housing allowance prescribed under 
section 403(b) of title 37, United States Code, for the military housing 
area that includes Staten Island, New York.

            Subtitle B--Bonus and Special and Incentive Pays

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'':

[[Page 131 STAT. 1422]]

            (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.

[[Page 131 STAT. 1423]]

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. REPORT REGARDING THE NATIONAL PILOT SHORTAGE.

    (a) In General.--Not later than April 30, 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 report 
regarding the extent of the national pilot shortage and the impact that 
such shortage has on the ability of the Department of Defense to retain 
pilots.
    (b) Elements.--The report under subsection (a) shall include 
assessments of the following:
            (1) The severity of the national pilot shortage, including 
        which of the following are most acutely affected by such 
        shortage--
                    (A) geographic areas of the United States; and
                    (B) sectors of the commercial aviation industry;
            (2) Compensation practices within the commercial aviation 
        industry, including whether and how such practices affect the 
        ability of the Department of Defense to retain pilots.
            (3) The annual business case of the Secretary of the Air 
        Force for aviation bonus payments under section 334(c)(2) of 
        title 37, United States Code, specifically--
                    (A) whether the business case meets the requirements 
                under such section of title 37;
                    (B) whether the business case justifies the bonus 
                amount for each aircraft type category; and
                    (C) whether projections indicate that the business 
                case will reduce the pilot shortage, and, if so, how 
                quickly for each aircraft type category.
            (4) Non-monetary incentives the Secretary of the Air Force 
        has used to retain pilots.
            (5) Other incentives available under current law and 
        policies of the Department of Defense to increase retention of 
        pilots.
            (6) Such other matters as the Comptroller General considers 
        appropriate.

[[Page 131 STAT. 1424]]

SEC. 617. SPECIAL AVIATION INCENTIVE PAY AND BONUS AUTHORITIES FOR 
                        ENLISTED MEMBERS WHO OPERATE REMOTELY 
                        PILOTED AIRCRAFT.

    (a) In General.--Chapter 5 of title 37, United States Code, is 
amended by inserting after section 334 the following new section:
``Sec. 334a. <<NOTE: 37 USC 334a.>>  Special aviation incentive 
                  pay and bonus authorities: enlisted members who 
                  operate remotely piloted aircraft

    ``(a) Aviation Incentive Pay.--
            ``(1) Incentive pay authorized.--The Secretary concerned may 
        pay aviation incentive pay under this section to an enlisted 
        member in a regular or reserve component of a uniformed service 
        who--
                    ``(A) is entitled to basic pay under section 204 of 
                this title or compensation under 206 of this title;
                    ``(B) is designated as a remotely piloted aircraft 
                pilot, or is in training leading to such a designation;
                    ``(C) engages in, or is in training leading to, 
                frequent and regular performance of operational flying 
                duty or proficiency flying duty;
                    ``(D) engages in or remains in aviation service for 
                a specified period; and
                    ``(E) meets such other criteria as the Secretary 
                concerned determines appropriate.
            ``(2) Enlisted members not currently engaged in flying 
        duty.--The Secretary concerned may pay aviation incentive pay 
        under this section to an enlisted member who is otherwise 
        qualified for such pay but who is not currently engaged in the 
        performance of operational flying duty or proficiency flying 
        duty if the Secretary determines, under regulations prescribed 
        under section 374 of this title, that payment of aviation pay to 
        that enlisted member is in the best interests of the service.

    ``(b) Aviation Bonus.--The Secretary concerned may pay an aviation 
bonus under this section to an enlisted member in a regular or reserve 
component of a uniformed service who--
            ``(1) is entitled to aviation incentive pay under subsection 
        (a);
            ``(2) is within one year of completing the enlistment of the 
        member;
            ``(3) reenlists or voluntarily extends the enlistment of the 
        member--
                    ``(A) for a period of at least one year; or
                    ``(B) in the case of an enlisted member serving 
                pursuant to an indefinite reenlistment, executes a 
                written agreement--
                          ``(i) to remain on active duty for a period of 
                      at least one year; or
                          ``(ii) to remain in an active status in a 
                      reserve component for a period of at least one 
                      year; and
            ``(4) meets such other criteria as the Secretary concerned 
        determines appropriate.

    ``(c) Maximum Amount and Method of Payment.--
            ``(1) Maximum amount.--The Secretary concerned shall 
        determine the amount of a bonus or incentive pay to be paid 
        under this section, except that--

[[Page 131 STAT. 1425]]

                    ``(A) aviation incentive pay under subsection (a) 
                shall be paid at a monthly rate not to exceed $1,000 per 
                month; and
                    ``(B) an aviation bonus under subsection (b) may not 
                exceed $35,000 for each 12-month period of obligated 
                service agreed to under subsection (d).
            ``(2) Lump sum or installments.--A bonus under this section 
        may be paid in a lump sum or in periodic installments, as 
        determined by the Secretary concerned.
            ``(3) Fixing bonus amount.--Upon acceptance by the Secretary 
        concerned of the written agreement required by subsection (d), 
        the total amount of the bonus to be paid under the agreement 
        shall be fixed.

    ``(d) Written Agreement for Bonus.--To receive an aviation bonus 
under this section, an enlisted member determined to be eligible for the 
bonus shall enter into a written agreement with the Secretary concerned 
that specifies--
            ``(1) the amount of the bonus;
            ``(2) the method of payment of the bonus under subsection 
        (c)(2);
            ``(3) the period of obligated service; and
            ``(4) the type or conditions of the service.

    ``(e) Reserve Component Enlisted Members Performing Inactive Duty 
Training.--An enlisted member of reserve component who is entitled to 
compensation under section 206 of this title and who is authorized 
aviation incentive pay under this section may be paid an amount of 
incentive pay that is proportionate to the compensation received under 
section 206 of this title for inactive-duty training.
    ``(f) Relationship to Other Pay and Allowances.--
            ``(1) Aviation incentive pay.--Aviation incentive pay paid 
        to an enlisted member under subsection (a) shall be in addition 
        to any other pay and allowance to which the enlisted member is 
        entitled, except that an enlisted member may not receive a 
        payment under such subsection and section 351(a)(2) or 353(a) of 
        this title for the same skill and period of service.
            ``(2) Aviation bonus.--An aviation bonus paid to an enlisted 
        member under subsection (b) shall be in addition to any other 
        pay and allowance to which the enlisted member is entitled, 
        except that an enlisted member may not receive a bonus payment 
        under such subsection and section 331 or 353(b) of this title 
        for the same skill and period of service.

    ``(g) Repayment.--An enlisted member who receives aviation incentive 
pay or an aviation bonus under this section and who fails to fulfill the 
eligibility requirements for the receipt of the incentive pay or bonus 
or complete the period of service for which the incentive pay or bonus 
is paid, as specified in the written agreement under subsection (d) in 
the case of a bonus, shall be subject to the repayment provisions of 
section 373 of this title.
    ``(h) Definitions.--In this section:
            ``(1) Aviation service.--The term `aviation service' means 
        participation in aerial flight performed, under regulations 
        prescribed by the Secretary concerned, by an eligible enlisted 
        member who is a remotely piloted aircraft pilot.
            ``(2) Operational flying duty.--The term `operational flying 
        duty' means flying performed under competent orders by enlisted 
        members of the regular or reserve components

[[Page 131 STAT. 1426]]

        while serving in assignments in which basic flying skills are 
        normally maintained in the performance of assigned duties as 
        determined by the Secretary concerned, and flying duty performed 
        by members in training that leads to designation as a remotely 
        piloted aircraft pilot by the Secretary concerned.
            ``(3) Proficiency flying duty.--The term `proficiency flying 
        duty' means flying performed under competent orders by enlisted 
        members of the regular or reserve components while serving in 
        assignments in which such skills would normally not be 
        maintained in the performance of assigned duties.

    ``(i) Termination of Authority.--No agreement may be entered into 
under this section after December 31, 2018.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 5 of such title <<NOTE: 37 USC 301 prec.>>  is amended by 
inserting after the item relating to section 334 the following new item:

``334a. Special aviation incentive pay and bonus authorities: enlisted 
           members who operate remotely piloted aircraft.''.

SEC. 618. TECHNICAL AND CONFORMING AMENDMENTS RELATING TO 2008 
                        CONSOLIDATION OF SPECIAL PAY AUTHORITIES.

    (a) Repayment Provisions.--
            (1) Title 10.--The following provisions of title 10, United 
        States Code, are each amended by inserting ``or 373'' before 
        ``of title 37'':
                    (A) Section 510(i).
                    (B) Subsections (a)(3) and (c) of section 2005.
                    (C) Paragraphs (1) and (2) of section 2007(e).
                    (D) Section 2105.
                    (E) Section 2123(e)(1)(C).
                    (F) Section 2128(c).
                    (G) Section 2130a(d).
                    (H) Section 2171(g).
                    (I) Section 2173(g)(2).
                    (J) Paragraphs (1) and (2) of section 2200a(e).
                    (K) Section 4348(f).
                    (L) Section 6959(f).
                    (M) Section 9348(f).
                    (N) Subsections (a)(2) and (b) of section 16135.
                    (O) Section 16203(a)(1)(B).
                    (P) Section 16301(h).
                    (Q) Section 16303(d).
                    (R) Paragraphs (1) and (2) of section 16401(f).
            (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 for Qualified Members Extending 
Duty at 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 for Certain Members Undergoing 
Extended Deployment to Combat Zone.--Section

[[Page 131 STAT. 1427]]

705a(b)(1)(B) of title 10, United States Code, is amended by inserting 
``or 352(a)'' after ``section 305''.
    (f) Additional Incentives for Health Professionals of the Indian 
Health Service.--Section 116(a) of the Indian Health Care Improvement 
Act (25 U.S.C. 1616i(a)) is amended by inserting ``or 335(b)'' after 
``section 302(b)''.
    (g) 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 section 351(a)(2)'' after ``section 301''.
    (h) 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 ``section 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''.

    (i) Pay and Allowances of Officers of the Public Health Service.--
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)''.

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

SEC. 621. PERMANENT EXTENSION AND COST-OF-LIVING ADJUSTMENTS OF 
                        SPECIAL SURVIVOR INDEMNITY ALLOWANCES 
                        UNDER THE SURVIVOR BENEFIT PLAN.

    Section 1450(m) of title 10, United States Code, is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (H), by striking ``and'' at the 
                end; and

[[Page 131 STAT. 1428]]

                    (B) by striking subparagraph (I) and inserting the 
                following new subparagraphs:
                    ``(I) for months from October 2016 through December 
                2018, $310; and
                    ``(J) for months during any calendar year after 
                2018, the amount determined in accordance with paragraph 
                (6).''; and
            (2) by striking paragraph (6) and inserting the following 
        new paragraph (6):
            ``(6) Cost-of-living adjustments after 2018.--
                    ``(A) In general.--The amount of the allowance 
                payable under paragraph (1) for months during any 
                calendar year beginning after 2018 shall be--
                          ``(i) the amount payable pursuant to paragraph 
                      (2) for months during the preceding calendar year, 
                      plus
                          ``(ii) an amount equal to the percentage of 
                      the amount determined pursuant to clause (i) which 
                      percentage is equal to the percentage increase in 
                      retired pay of members and former members of the 
                      armed forces for such calendar year under section 
                      1401a of this title.
                    ``(B) Public notice on amount of allowance 
                payable.--The Secretary of Defense shall publish in the 
                Federal Register each year the amount of the allowance 
                payable under paragraph (1) for months in such year by 
                reason of the operation of this paragraph.''.
SEC. 622. ADJUSTMENTS TO SURVIVOR BENEFIT PLAN FOR MEMBERS 
                        ELECTING LUMP SUM PAYMENTS OF RETIRED PAY 
                        UNDER THE MODERNIZED RETIREMENT SYSTEM FOR 
                        MEMBERS OF THE UNIFORMED SERVICES.

    (a) Definition of Base Amount.--Section 1447(6)(A) of title 10, 
United States Code, is amended in the matter preceding clause (i) by 
inserting ``or 1415(b)(1)(B)'' after ``section 1409(b)(2)''.
    (b) Coordination With Reductions in Retired Pay.--Section 1452 of 
such title is amended--
            (1) in subsection (a)(1), by inserting ``, other than 
        retired pay received as a lump sum under section 1415(b)(1)(A) 
        of this title,'' in the matter preceding subparagraph (A) after 
        ``, the retired pay'';
            (2) in subsection (b)(1), by inserting ``, other than 
        retired pay received as a lump sum under section 1415(b)(1)(A) 
        of this title,'' after ``The retired pay''; and
            (3) in subsection (c)--
                    (A) in paragraph (1), by inserting ``, other than 
                retired pay received as a lump sum under section 
                1415(b)(1)(A) of this title,'' after ``The retired 
                pay''; and
                    (B) in paragraph (4), by inserting ``or 
                1415(b)(1)(B)'' after ``section 1409(b)(2)''.
SEC. 623. TECHNICAL CORRECTION REGARDING ELECTION TO PARTICIPATE 
                        IN MODERNIZED RETIREMENT SYSTEM FOR 
                        RESERVE COMPONENT MEMBERS EXPERIENCING A 
                        BREAK IN SERVICE.

    (a) Persons Experiencing a Break in Service.--Section 
12739(f)(2)(B)(iii) of title 10, United States Code, is amended by

[[Page 131 STAT. 1429]]

striking ``on the date of the reentry'' and inserting ``within 30 days 
after the date of the reentry''.
    (b) <<NOTE: 10 USC 12739 note.>>  Effective Date.--The amendment 
made by subsection (a) shall take effect on January 1, 2018, immediately 
after the coming into effect of the amendment made by section 631(b) of 
the National Defense Authorization Act for Fiscal Year 2016 (Public Law 
114-92; 129 Stat. 843), to which the amendment made by subsection (a) 
relates.
SEC. 624. TECHNICAL CORRECTIONS TO USE OF MEMBER'S CURRENT PAY 
                        GRADE AND YEARS OF SERVICE IN A DIVISION 
                        OF PROPERTY INVOLVING DISPOSABLE RETIRED 
                        PAY.

    (a) In General.--Section 1408 of title 10, United States Code, is 
amended--
            (1) in subsection (a)(4)--
                    (A) in the matter preceding clause (i) of 
                subparagraph (A), by striking ``(as determined pursuant 
                to subparagraph (B)''; and
                    (B) by striking subparagraph (B) and inserting the 
                following new subparagraph (B):
            ``(B) For purposes of subparagraph (A), in the case of a 
        division of property as part of a final decree of divorce, 
        dissolution, annulment, or legal separation that becomes final 
        prior to the date of a member's retirement, the total monthly 
        retired pay to which the member is entitled shall be--
                    ``(i) in the case of a member not described in 
                clause (ii), the amount of retired pay to which the 
                member would have been entitled using the member's 
                retired pay base and years of service on the date of the 
                decree of divorce, dissolution, annulment, or legal 
                separation, as computed under section 1406 or 1407 of 
                this title, whichever is applicable, increased by the 
                sum of the cost-of-living adjustments that--
                          ``(I) would have occurred under section 
                      1401a(b) of this title between the date of the 
                      decree of divorce, dissolution, annulment, or 
                      legal separation and the time of the member's 
                      retirement using the adjustment provisions under 
                      section 1401a of this title applicable to the 
                      member upon retirement; and
                          ``(II) occur under 1401a of this title after 
                      the member's retirement; or
                    ``(ii) in the case of a member who becomes entitled 
                to retired pay pursuant to chapter 1223 of this title, 
                the amount of retired pay to which the member would have 
                been entitled using the member's retired pay base and 
                creditable service points on the date of the decree of 
                divorce, dissolution, annulment, or legal separation, as 
                computer under chapter 1223 of this title, increased by 
                the sum of the cost-of-living adjustments as described 
                in clause (i) that apply with respect to the member.''; 
                and
            (2) in subsection (d), by adding at the end the following 
        new paragraph:

    ``(8) A division of property award computed as a percentage of a 
member's disposable retired pay shall be increased by the same 
percentage as any cost-of-living adjustment made under section 1401a 
after the member's retirement.''.

[[Page 131 STAT. 1430]]

    (b) <<NOTE: 10 USC 1408 note.>>  Effective Date.--The amendments 
made by subsection (a) shall take effect on December 23, 2016, as if 
enacted immediately following the enactment of the National Defense 
Authorization Act for Fiscal Year 2017 (Public Law 114-328) to which 
such amendments relate.

    (c) <<NOTE: 10 USC 1408 note.>>  Applicability.--The amendments made 
by subsection (a) shall apply with respect to any division of property 
as part of a final decree of divorce, dissolution, annulment, or legal 
separation involving a member of the Armed Forces to which section 1408 
of title 10, United States Code, applies that becomes final after 
December 23, 2016.
SEC. 625. CONTINUATION PAY FOR THE COAST GUARD.

    For providing continuation pay for the United States Coast Guard 
under section 356 of title 37, United States Code, funds are hereby 
authorized to be appropriated for fiscal year 2018 in the amount of 
$3,286,277.

                        Subtitle D--Other Matters

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--
            (1) is located at 8901 Autobahn Drive in Dallas, Texas; and
            (2) 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.--Notwithstanding 
        section 574 of title 40, United States Code, any cash 
        consideration received from the conveyance of the property under 
        subsection (a) may be retained by the Army and Air Force 
        Exchange Service because 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.
    (e) Inapplicability of Certain Provisions of Law.--Section 2696 of 
title 10, United States Code, shall not apply to a conveyance of 
property under this section.

[[Page 131 STAT. 1431]]

SEC. 632. AUTHORITY FOR THE SECRETARIES OF THE MILITARY 
                        DEPARTMENTS TO PROVIDE FOR CARE OF REMAINS 
                        OF THOSE WHO DIE ON ACTIVE DUTY AND ARE 
                        INTERRED IN A FOREIGN CEMETERY.

    Section 1482(a) of title 10, United States Code, is amended by 
adding at the end the following new paragraph:
            ``(10) In the case of a decedent under the jurisdiction of a 
        Secretary of a military department at the time of death, 
        enduring care of remains interred in a foreign cemetery if the 
        burial location was designated by such Secretary.''.
SEC. 633. CONSTRUCTION OF DOMESTIC SOURCE REQUIREMENT FOR FOOTWEAR 
                        FURNISHED TO ENLISTED MEMBERS OF THE ARMED 
                        FORCES ON INITIAL ENTRY INTO THE ARMED 
                        FORCES.

    Section 418(d) of title 37, United States Code, is amended by adding 
at the end the following new paragraphs:
    ``(4) This subsection does not apply to the furnishing of athletic 
footwear to members of the Army, the Navy, the Air Force, or the Marine 
Corps upon their initial entry into the armed forces, or prohibit the 
provision of a cash allowance to such members for such purpose, if the 
Secretary of Defense determines that compliance with paragraph (2) would 
result in a sole source contract for procurement of athletic footwear 
for the purpose stated in paragraph (1) because there would be only a 
sole certified source of supply for such footwear.
    ``(5) The Secretary of Defense shall ensure that all procurements of 
athletic footwear to which this subsection applies are made using firm 
fixed price contracts.''.
SEC. 634. <<NOTE: 5 USC 5520a note.>>  REVIEW AND UPDATE OF 
                        REGULATIONS GOVERNING DEBT COLLECTORS 
                        INTERACTIONS WITH UNIT COMMANDERS OF 
                        MEMBERS OF THE ARMED FORCES.

    Not later than 180 days after the date of the enactment of this Act, 
the Secretary of Defense shall review and update Department of Defense 
Directive 1344.09 and any associated regulations to ensure that such 
regulations comply with Federal consumer protection laws with respect to 
the collection of debt.

                    TITLE VII--HEALTH CARE PROVISIONS

           Subtitle A--TRICARE and Other Health Care Benefits

Sec. 701. Continued access to medical care at facilities of the 
           uniformed services for certain members of the reserve 
           components.
Sec. 702. Modifications of cost-sharing requirements for the TRICARE 
           Pharmacy Benefits Program and treatment of certain 
           pharmaceutical agents.
Sec. 703. Provision of hyperbaric oxygen therapy for certain members of 
           the Armed Forces.
Sec. 704. Specification that individuals under the age of 21 are 
           eligible for hospice care services under the TRICARE program.
Sec. 705. Physical examinations for members of a reserve component who 
           are separating from the Armed Forces.
Sec. 706. Mental health assessments before members separate from the 
           Armed Forces.
Sec. 707. Expansion of sexual trauma counseling and treatment for 
           members of the reserve components.
Sec. 708. Expedited evaluation and treatment for prenatal surgery under 
           the TRICARE program.

[[Page 131 STAT. 1432]]

                 Subtitle B--Health Care Administration

Sec. 711. Maintenance of inpatient capabilities of military medical 
           treatment facilities located outside the United States.
Sec. 712. Modification of priority for evaluation and treatment of 
           individuals at military treatment facilities.
Sec. 713. Clarification of administration of military medical treatment 
           facilities.
Sec. 714. Regular update of prescription drug pricing standard under 
           TRICARE retail pharmacy program.
Sec. 715. Modification of execution of TRICARE contracting 
           responsibilities.
Sec. 716. Additional emergency uses for medical products to reduce 
           deaths and severity of injuries caused by agents of war.
Sec. 717. Modification of determination of average wait times at urgent 
           care clinics and pharmacies at military medical treatment 
           facilities under pilot program.
Sec. 718. Requirement for reimbursement by Department of Defense to 
           entities carrying out State vaccination programs for costs of 
           vaccines provided to covered beneficiaries.
Sec. 719. Extension of authority for Joint Department of Defense-
           Department of Veterans Affairs Medical Facility Demonstration 
           Fund.
Sec. 720. Residency requirements for podiatrists.
Sec. 721. Authorization of physical therapist assistants and 
           occupational therapy assistants to provide services under the 
           TRICARE program.
Sec. 722. Selection of military commanders and directors of military 
           medical treatment facilities.

                  Subtitle C--Reports and Other Matters

Sec. 731. Pilot program on health care assistance system.
Sec. 732. Feasibility study on conduct of pilot program on mental health 
           readiness of part-time members of the reserve components of 
           the Armed Forces.
Sec. 733. Report on plan to improve pediatric care and related services 
           for children of members of the Armed Forces.
Sec. 734. Longitudinal medical study on blast pressure exposure of 
           members of the Armed Forces.
Sec. 735. Study on safe opioid prescribing practices.
Sec. 736. Report on implementation of GAO recommendations.
Sec. 737. Declassification by Department of Defense of certain incidents 
           of exposure of members of the Armed Forces to toxic 
           substances.
Sec. 738. Coordination by Veterans Health Administration of efforts to 
           understand effects of burn pits.
Sec. 739. TRICARE technical amendments.

           Subtitle A--TRICARE and Other Health Care Benefits

SEC. 701. CONTINUED ACCESS TO MEDICAL CARE AT FACILITIES OF THE 
                        UNIFORMED SERVICES FOR CERTAIN MEMBERS OF 
                        THE RESERVE COMPONENTS.

    (a) TRICARE Reserve Select.--Paragraph (2) of section 1076d(f) of 
title 10, United States Code, is amended to read as follows:
            ``(2) The term `TRICARE Reserve Select' means--
                    ``(A) medical care at facilities of the uniformed 
                services to which a dependent described in section 
                1076(a)(2) of this title is entitled; and
                    ``(B) health benefits under the TRICARE Select self-
                managed, preferred provider network option under section 
                1075 of this title made available to beneficiaries by 
                reason of this section and subject to the cost-sharing 
                requirements set forth in such section 1075.''.

    (b) TRICARE Retired Reserve.--Section 1076e is amended--
            (1) In subsection (b), in the subsection heading, by 
        striking ``Retired Reserve'';
            (2) In subsection (c), by striking ``Retired Reserve'' the 
        last place it appears; and

[[Page 131 STAT. 1433]]

            (3) in subsection (f), by striking paragraph (2) and 
        inserting the following:
            ``(2) The term `TRICARE Retired Reserve' means--
                    ``(A) medical care at facilities of the uniformed 
                services to which a dependent described in section 
                1076(a)(2) of this title is entitled; and
                    ``(B) health benefits under the TRICARE Select self-
                managed, preferred provider network option under section 
                1075 of this title made available to beneficiaries by 
                reason of this section and subject to the cost-sharing 
                requirements set forth in such section 1075.''.
SEC. 702. MODIFICATIONS OF COST-SHARING REQUIREMENTS FOR THE 
                        TRICARE PHARMACY BENEFITS PROGRAM AND 
                        TREATMENT OF CERTAIN PHARMACEUTICAL 
                        AGENTS.

    (a) In General.--Paragraph (6) of section 1074g(a) of title 10, 
United States Code, is amended to read as follows:
    ``(6)(A) In the case of any of the years 2018 through 2027, the 
cost-sharing amounts under this subsection for eligible covered 
beneficiaries shall be determined in accordance with the following 
table:


------------------------------------------------------------------------
                                     The cost-
             The cost-                sharing                 The cost-
              sharing    The cost-     amount    The cost-     sharing
               amount     sharing    for a 90-    sharing     amount for
             for a 30-   amount for     day      amount for    a 90-day
   ``For:       day       a 30-day   supply of    a 90-day   supply of a
             supply of  supply of a    a mail   supply of a   mail order
              a retail     retail      order     mail order      non-
              generic    formulary    generic    formulary    formulary
                is:         is:         is:         is:          is:
 
------------------------------------------------------------------------
    2018          $11         $28          $7         $24          $53
------------------------------------------------------------------------
    2019          $11         $28          $7         $24          $53
------------------------------------------------------------------------
    2020          $13         $33         $10         $29          $60
------------------------------------------------------------------------
    2021          $13         $33         $10         $29          $60
------------------------------------------------------------------------
    2022          $14         $38         $12         $34          $68
------------------------------------------------------------------------
    2023          $14         $38         $12         $34          $68
------------------------------------------------------------------------
    2024          $16         $43         $13         $38          $76
------------------------------------------------------------------------
    2025          $16         $43         $13         $38          $76
------------------------------------------------------------------------
    2026          $16         $48         $14         $44          $85
------------------------------------------------------------------------
    2027          $16         $48         $14         $44          $85
------------------------------------------------------------------------


    ``(B) For any year after 2027, the cost-sharing amounts under this 
subsection for eligible covered beneficiaries shall be equal to the 
cost-sharing amounts for the previous year adjusted by an amount, if 
any, determined by the Secretary to reflect changes in the costs of 
pharmaceutical agents and prescription dispensing, rounded to the 
nearest dollar.
    ``(C) Notwithstanding subparagraphs (A) and (B), the cost-sharing 
amounts under this subsection for a dependent of a member

[[Page 131 STAT. 1434]]

of the uniformed services who dies while on active duty, a member 
retired under chapter 61 of this title, or a dependent of a member 
retired under such chapter shall be equal to the cost-sharing amounts, 
if any, for 2017.''.
    (b) Treatment of Certain Pharmaceutical Agents.--
            (1) Pharmacy benefits program.--Such section is amended by 
        adding at the end the following new paragraph:

    ``(10) Notwithstanding paragraphs (2), (5), and (6), in order to 
encourage the use by covered beneficiaries of pharmaceutical agents that 
provide the best clinical effectiveness to covered beneficiaries and the 
Department of Defense (as determined by the Secretary, including 
considerations of better care, healthier people, and smarter spending), 
the Secretary may, upon the recommendation of the Pharmacy and 
Therapeutics Committee established under subsection (b) and review by 
the Uniform Formulary Beneficiary Advisory Panel established under 
subsection (c)--
            ``(A) exclude from the pharmacy benefits program any 
        pharmaceutical agent that the Secretary determines provides very 
        little or no clinical effectiveness to covered beneficiaries and 
        the Department under the program; and
            ``(B) give preferential status to any non-generic 
        pharmaceutical agent on the uniform formulary by treating it, 
        for purposes of cost-sharing under paragraph (6), as a generic 
        product under the TRICARE retail pharmacy program and mail order 
        pharmacy program.''.
            (2) Medical contracts.--Section 1079 of such title is 
        amended by adding at the end the following new subsection:

    ``(q) In the case of any pharmaceutical agent (as defined in section 
1074g(g) of this title) provided under a contract entered into under 
this section by a physician, in an outpatient department of a hospital, 
or otherwise as part of any medical services provided under such a 
contract, the Secretary of Defense may, under regulations prescribed by 
the Secretary, adopt special reimbursement methods, amounts, and 
procedures to encourage the use of high-value products and discourage 
the use of low-value products, as determined by the Secretary.''.
            (3) <<NOTE: 10 USC 1074g note.>>  Regulations.--In order to 
        implement expeditiously the reforms authorized by the amendments 
        made by paragraphs (1) and (2), the Secretary of Defense may 
        prescribe such changes to the regulations implementing the 
        TRICARE program (as defined in section 1072 of title 10, United 
        States Code) as the Secretary considers appropriate--
                    (A) by prescribing an interim final rule; and
                    (B) not later than one year after prescribing such 
                interim final rule and considering public comments with 
                respect to such interim final rule, by prescribing a 
                final rule.
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:

[[Page 131 STAT. 1435]]

``Sec. 1074o. <<NOTE: 10 USC 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 <<NOTE: 10 USC 1071 prec.>>  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) <<NOTE: 10 USC 1074o note.>>  Effective Date.--The amendments 
made by subsection (a) shall take effect 90 days after the date of the 
enactment of this Act.
SEC. 704. SPECIFICATION THAT INDIVIDUALS UNDER THE AGE OF 21 ARE 
                        ELIGIBLE FOR HOSPICE CARE SERVICES UNDER 
                        THE TRICARE PROGRAM.

    Section 1079(a)(15) of title 10, United States Code, is amended by 
inserting before the period at the end the following: ``, except that 
hospice care may be provided to an individual under the age of 21 
concurrently with health care services or hospitalization for the same 
condition''.
SEC. 705. 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 forces 
        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.

[[Page 131 STAT. 1436]]

    ``(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. 706. MENTAL HEALTH ASSESSMENTS 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 assessment 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. 707. EXPANSION OF SEXUAL TRAUMA COUNSELING AND TREATMENT FOR 
                        MEMBERS OF THE RESERVE COMPONENTS.

    Section 1720D(a)(2)(A) of title 38, United States Code, is amended--
            (1) by striking ``on active duty''; and
            (2) by inserting before the period at the end the following: 
        ``that was suffered by the member while serving on active duty, 
        active duty for training, or inactive duty training''.
SEC. 708. <<NOTE: 10 USC 1074d note.>>  EXPEDITED EVALUATION AND 
                        TREATMENT FOR PRENATAL SURGERY UNDER THE 
                        TRICARE PROGRAM.

    (a) In General.--The Secretary of Defense shall implement processes 
and procedures to ensure that a covered beneficiary under the TRICARE 
program whose pregnancy is complicated with (or suspected of 
complication with) a fetal condition may elect to receive expedited 
evaluation, nondirective counseling, and medical treatment from a 
perinatal or pediatric specialist capable of providing surgical 
management and intervention in utero.
    (b) Definitions.--In this section, the terms ``covered beneficiary'' 
and ``TRICARE program'' have the meanings given those terms in section 
1072 of title 10, United States Code.

                 Subtitle B--Health Care Administration

SEC. 711. MAINTENANCE OF INPATIENT CAPABILITIES OF MILITARY 
                        MEDICAL TREATMENT FACILITIES LOCATED 
                        OUTSIDE THE UNITED STATES.

    Section 1073d of title 10, United States Code, is amended by adding 
at the end the following new subsection:
    ``(e) Maintenance of Inpatient Capabilities at Military Medical 
Treatment Facilities Located Outside the United States.--(1) In carrying 
out subsection (a), the Secretary of Defense shall ensure that each 
covered facility maintains, at a minimum, inpatient capabilities that 
the Secretary determines are similar to the inpatient capabilities of 
such facility on September 30, 2016.
    ``(2) The Secretary may not eliminate the inpatient capabilities of 
a covered facility until the day that is 180 days after the Secretary 
provides a briefing to the Committees on Armed Services of the Senate 
and the House of Representatives regarding the proposed

[[Page 131 STAT. 1437]]

elimination. During any such briefing, the Secretary shall certify the 
following:
            ``(A) The Secretary has entered into agreements with 
        hospitals or medical centers in the host nation of such covered 
        facility that--
                    ``(i) replace the inpatient capabilities the 
                Secretary proposes to eliminate; and
                    ``(ii) ensure members of the armed forces and 
                covered beneficiaries who receive health care from such 
                covered facility, have, within a distance the Secretary 
                determines is reasonable, access to quality health care, 
                including case management and translation services.
            ``(B) The Secretary has consulted with the commander of the 
        geographic combatant command in which such covered facility is 
        located to ensure that the proposed elimination would have no 
        impact on the operational plan for such geographic combatant 
        command.
            ``(C) Before the Secretary eliminates the inpatient 
        capabilities of such covered facility, the Secretary shall 
        provide each member of the armed forces or covered beneficiary 
        who receives health care from the covered facility with--
                    ``(i) a transition plan for continuity of health 
                care for such member or covered beneficiary; and
                    ``(ii) a public forum to discuss the concerns of the 
                member or covered beneficiary regarding the proposed 
                reduction.

    ``(3) In this subsection, the term `covered facility' means a 
military medical treatment facility located outside the United 
States.''.
SEC. 712. MODIFICATION OF PRIORITY FOR EVALUATION AND TREATMENT OF 
                        INDIVIDUALS AT MILITARY TREATMENT 
                        FACILITIES.

    Subsection (b) of section 717 of the National Defense Authorization 
Act for Fiscal Year 2017 (Public Law 114-328) <<NOTE: 10 USC 1071 
note.>>  is amended to read as follows:

    ``(b) Priority of Covered Beneficiaries.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        evaluation and treatment of covered beneficiaries at military 
        treatment facilities shall be prioritized ahead of the 
        evaluation and treatment of veterans and civilians at such 
        facilities under subsection (a).
            ``(2) Waiver.--The Secretary may waive the requirement under 
        paragraph (1) in order to provide timely evaluation and 
        treatment for individuals who are--
                    ``(A) severely wounded or injured by acts of terror 
                that occur in the United States; or
                    ``(B) residents of the United States who are 
                severely wounded or injured by acts of terror outside 
                the United States.''.
SEC. 713. CLARIFICATION OF ADMINISTRATION OF MILITARY MEDICAL 
                        TREATMENT FACILITIES.

    Section 1073c(a) of title 10, United States Code, is amended--
            (1) in paragraph (1)(E), by striking ``miliary'' and 
        inserting ``military'';

[[Page 131 STAT. 1438]]

            (2) in paragraph (2), in the matter preceding subparagraph 
        (A), by striking ``commander'' and inserting ``military 
        commander or director''; and
            (3) by adding at the end the following new paragraph:

    ``(4) If the Secretary of Defense determines it appropriate, a 
military director (or any other senior military officer or officers) of 
a military medical treatment facility may be a commanding officer for 
purposes of chapter 47 of this title (the Uniform Code of Military 
Justice) with respect to military personnel assigned to the military 
medical treatment facility.''.
SEC. 714. 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. 715. MODIFICATION OF EXECUTION OF TRICARE CONTRACTING 
                        RESPONSIBILITIES.

    Subsection (b) of section 705 of the National Defense Authorization 
Act for Fiscal Year 2017 (Public Law 114-328) <<NOTE: 10 USC 1073a 
note.>>  is amended to read as follows:

    ``(b) Execution of Contracting Responsibility.--With respect to any 
acquisition of managed care support services under the TRICARE program 
initiated after the date of the enactment of the National Defense 
Authorization Act for Fiscal Year 2018, the Under Secretary of Defense 
for Acquisition and Sustainment shall be responsible for--
            ``(1) decisions relating to such acquisition;
            ``(2) approving the acquisition strategy; and
            ``(3) conducting pre-solicitation, pre-award, and post-award 
        acquisition reviews.''.
SEC. 716. ADDITIONAL EMERGENCY USES FOR MEDICAL PRODUCTS TO REDUCE 
                        DEATHS AND SEVERITY OF INJURIES CAUSED BY 
                        AGENTS OF WAR.

    Section 1107a of title 10, United States Code, is amended by adding 
at the end the following new subsection:
    ``(d) Additional Authority to Reduce Deaths and Severity of Injuries 
Caused by Agents of War.--(1) In a case in which an emergency use of an 
unapproved product or an emergency unapproved use of an approved product 
cannot be authorized under section 564 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 360bbb-3) because the emergency does not involve 
an actual or threatened attack with a biological, chemical, 
radiological, or nuclear agent or agents, the Secretary of Defense may 
authorize an emergency use outside the United States of the product to 
reduce the number of deaths or the severity of harm to members of the 
armed forces (or individuals associated with deployed members of the 
armed forces) caused by a risk or agent of war.

[[Page 131 STAT. 1439]]

    ``(2) Except as otherwise provided in this subsection, an 
authorization by the Secretary under paragraph (1) shall have the same 
effect with respect to the armed forces as an emergency use 
authorization under section 564 of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 360bbb-3).
    ``(3) The Secretary may issue an authorization under paragraph (1) 
with respect to the emergency use of an unapproved product or the 
emergency unapproved use of an approved product only if--
            ``(A) the committee established under paragraph (5) has 
        recommended that the Secretary issue the authorization; and
            ``(B) the Assistant Secretary of Defense for Health Affairs 
        makes a written determination, after consultation with the 
        Commissioner of Food and Drugs, that, based on the totality of 
        scientific evidence available to the Assistant Secretary, 
        criteria comparable to those specified in section 564(c) of the 
        Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-3(c)) 
        have been met.

    ``(4) With respect to the emergency use of an unapproved product or 
the emergency unapproved use of an approved product under this 
subsection, the Secretary of Defense shall establish such scope, 
conditions, and terms under this subsection as the Secretary considers 
appropriate, including scope, conditions, and terms comparable to those 
specified in section 564 of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 360bbb-3).
    ``(5)(A) There is established in the Department of Defense a 
Department of Defense Emergency Use Authorization Committee (in this 
paragraph referred to as the `Committee') to advise the Assistant 
Secretary of Defense for Health Affairs on proposed authorizations under 
this subsection.
    ``(B) Members of the Committee shall be appointed by the Secretary 
of Defense and shall consist of prominent health care professionals who 
are not employees of the Department of Defense (other than for purposes 
of serving as a member of the Committee).
    ``(C) The Committee may be established as a subcommittee of another 
Federal advisory committee.
    ``(6) In this subsection:
            ``(A) The term `biological product' has the meaning given 
        that term in section 351(i) of the Public Health Service Act (42 
        U.S.C. 262(i)).
            ``(B) The terms `device' and `drug' have the meanings given 
        those terms in section 201 of the Federal Food, Drug, and 
        Cosmetic Act (21 U.S.C. 321).
            ``(C) The term `product' means a drug, device, or biological 
        product.
            ``(D) The terms `unapproved product' and `unapproved use of 
        an approved product' have the meanings given those terms in 
        section 564(a)(4) of the Federal Food, Drug, and Cosmetic Act 
        (21 U.S.C. 360bbb-3(a)(4)).''.
SEC. 717. <<NOTE: 10 USC 1092 note.>>  MODIFICATION OF 
                        DETERMINATION OF AVERAGE WAIT TIMES AT 
                        URGENT CARE CLINICS AND PHARMACIES AT 
                        MILITARY MEDICAL TREATMENT FACILITIES 
                        UNDER PILOT PROGRAM.

    (a) Urgent Care Clinics.--Subsection (c)(2) of section 744 of the 
National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-
328) is amended to read as follows:

[[Page 131 STAT. 1440]]

            ``(2) Determination.--In carrying out paragraph (1), the 
        Secretary shall determine the average wait time to display under 
        such paragraph by using a formula derived from best practices in 
        the health care industry.''.

    (b) Pharmacies.--Subsection (d)(2) of such section is amended to 
read as follows:
            ``(2) Determination.--In carrying out paragraph (1), the 
        Secretary shall determine the average wait time to display under 
        such paragraph by using a formula derived from best practices in 
        the health care industry.''.
SEC. 718. REQUIREMENT FOR REIMBURSEMENT BY DEPARTMENT OF DEFENSE 
                        TO ENTITIES CARRYING OUT STATE VACCINATION 
                        PROGRAMS FOR COSTS OF VACCINES PROVIDED TO 
                        COVERED BENEFICIARIES.

    Section 719 of the National Defense Authorization Act for Fiscal 
Year 2017 (Public Law 114-328; 10 U.S.C. 1074g note) is amended--
            (1) in the section heading, by striking ``authorization of 
        reimbursement'' and inserting ``reimbursement''; and
            (2) in subsection (a)(1), by striking ``may'' and inserting 
        ``shall''.
SEC. 719. EXTENSION OF AUTHORITY FOR JOINT DEPARTMENT OF DEFENSE-
                        DEPARTMENT OF VETERANS AFFAIRS MEDICAL 
                        FACILITY DEMONSTRATION FUND.

    Section 1704(e) of the National Defense Authorization Act for Fiscal 
Year 2010 (Public Law 111-84; 123 Stat. 2573), as amended by section 722 
of the Carl Levin and Howard P. ``Buck'' McKeon National Defense 
Authorization Act for Fiscal Year 2015 (Public Law 113-291), section 723 
of the National Defense Authorization Act for Fiscal Year 2016 (Public 
Law 114-92), and section 741(a) of the National Defense Authorization 
Act for Fiscal Year 2017 (Public Law 114-328), is further amended by 
striking ``September 30, 2018'' and inserting ``September 30, 2019''.
SEC. 720. <<NOTE: 10 USC 1073 note.>>  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. <<NOTE: 10 USC 1073 note.>>  AUTHORIZATION OF PHYSICAL 
                        THERAPIST ASSISTANTS AND OCCUPATIONAL 
                        THERAPY ASSISTANTS TO PROVIDE SERVICES 
                        UNDER THE TRICARE PROGRAM.

    (a) Addition to List of Authorized Professional Providers of Care.--
The Secretary of Defense shall revise section 199.6(c) of title 32, Code 
of Federal Regulations, as in effect on the date of the enactment of 
this Act, to add to the list of individual professional providers of 
care who are authorized to provide services to beneficiaries under the 
TRICARE program, as defined in section 1072 of title 10, United States 
Code, the following types of health care practitioners:

[[Page 131 STAT. 1441]]

            (1) Licensed or certified physical therapist assistants who 
        meet the qualifications for physical therapist assistants 
        specified in section 484.4 of title 42, Code of Federal 
        Regulations, or any successor regulation, to furnish services 
        under the supervision of a physical therapist.
            (2) Licensed or certified occupational therapy assistants 
        who meet the qualifications for occupational therapy assistants 
        specified in such section 484.4, or any successor regulation, to 
        furnish services under the supervision of an occupational 
        therapist.

    (b) Supervision.--The Secretary of Defense shall establish in 
regulations requirements for the supervision of physical therapist 
assistants and occupational therapy assistants, respectively, by 
physical therapists and occupational therapists, respectively.
    (c) Manuals and Other Guidance.--The Secretary of Defense shall 
update the CHAMPVA Policy Manual and other relevant manuals and 
subregulatory guidance of the Department of Defense to carry out the 
revisions and requirements of this section.
SEC. 722. <<NOTE: 10 USC 1073c note.>>  SELECTION OF MILITARY 
                        COMMANDERS AND DIRECTORS OF MILITARY 
                        MEDICAL TREATMENT FACILITIES.

    (a) In General.--Not later than January 1, 2019, the Secretary of 
Defense, in consultation with the Secretaries of the military 
departments, shall establish the common qualifications and core 
competencies required for an individual to serve as a military commander 
or director of a military medical treatment facility.
    (b) Objective.--The objective of the Secretary under this section 
shall be to ensure that each individual selected to serve as a military 
commander or director of a military medical treatment facility is highly 
qualified to serve as health system executive.
    (c) Standards.--In establishing common qualifications and core 
competencies under subsection (a), the Secretary shall include standards 
with respect to the following:
            (1) Professional competence.
            (2) Moral and ethical integrity and character.
            (3) Formal education in health care executive leadership and 
        in health care management.
            (4) Such other matters the Secretary determines to be 
        appropriate.

                  Subtitle C--Reports and Other Matters

SEC. 731. <<NOTE: 10 USC 1075 note.>>  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 Select using purchased care 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 beneficiaries with complex medical conditions 
        to understand and use the health benefits under the TRICARE 
        program.
            (2) Supporting such beneficiaries in accessing and 
        navigating the purchased care health care delivery system.

[[Page 131 STAT. 1442]]

            (3) Providing such beneficiaries with information to allow 
        the beneficiaries to make informed decisions regarding the 
        quality, safety, and cost of available health care services.
            (4) Improving the health outcomes for such beneficiaries.

    (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 180 days after the date of the enactment of 
this Act.
    (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--
            (1) an analysis of the implementation of the elements under 
        subsection (b); and
            (2) the feasibility of incorporating such elements into 
        TRICARE support contracts.

    (e) Definitions.--In this section, the terms ``covered 
beneficiary'', ``TRICARE program'', and ``TRICARE Select'' have the 
meaning given those terms in section 1072 of title 10, United States 
Code.
SEC. 732. FEASIBILITY STUDY ON CONDUCT OF PILOT PROGRAM ON MENTAL 
                        HEALTH READINESS OF PART-TIME MEMBERS OF 
                        THE RESERVE COMPONENTS OF THE ARMED 
                        FORCES.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act, the Secretary of Defense shall conduct a 
feasibility study and cost estimate for a pilot program that uses 
predictive analytics and screening to identify mental health risk and 
provide early, targeted intervention for part-time members of the 
reserve components of the Armed Forces to improve readiness and mission 
success.
    (b) Elements.--The feasibility study conducted under subsection (a) 
shall include elements to assess the following with respect to the pilot 
program studied under such subsection:
            (1) The anticipated improvement in quality of behavioral 
        health services for part-time members of the reserve components 
        of the Armed Forces and the impact of such improvement in 
        quality of behavioral health services on their families and 
        employers.
            (2) The anticipated impact on the culture surrounding 
        behavioral health treatment and help-seeking behavior.
            (3) The feasibility of embedding mental health professionals 
        with units that--
                    (A) perform core mission sets and capabilities; and
                    (B) carry out high-risk and high-demand missions.
            (4) The particular preventative mental health needs of units 
        at different states of their operational readiness cycle.
            (5) The need for additional personnel of the Department of 
        Defense to implement the pilot program.
            (6) The cost of implementing the pilot program throughout 
        the reserve components of the Armed Forces.
            (7) The benefits of an integrated operational support team 
        for the Air National Guard and Army National Guard units.

    (c) Comparison to Full-time Members of Reserve Components.--As part 
of the feasibility study conducted under subsection (a), the Secretary 
shall assess the mental health risk of part-time members of the reserve 
components of the Armed Forces

[[Page 131 STAT. 1443]]

as compared to full-time members of the reserve components of the Armed 
Forces.
    (d) Use of Existing Models.--In conducting the feasibility study 
under subsection (a), the Secretary, to the extent practicable, shall 
make use of existing models for preventative mental health care.
SEC. 733. REPORT ON PLAN TO IMPROVE PEDIATRIC CARE AND RELATED 
                        SERVICES FOR CHILDREN OF MEMBERS OF THE 
                        ARMED FORCES.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and the House of 
Representatives a report setting forth a plan of the Department of 
Defense to improve pediatric care and related services for children of 
members of the Armed Forces.
    (b) Elements.--The report required by subsection (a) shall include 
the following:
            (1) In order to ensure that children receive developmentally 
        appropriate and age-appropriate health care services from the 
        Department, a plan to align preventive pediatric care under the 
        TRICARE program with--
                    (A) standards for such care as required by the 
                Patient Protection and Affordable Care Act (Public Law 
                111-148);
                    (B) guidelines established for such care by the 
                Early and Periodic Screening, Diagnosis, and Treatment 
                program under the Medicaid program carried out under 
                title XIX of the Social Security Act (42 U.S.C. 1396 et 
                seq.); and
                    (C) recommendations by organizations that specialize 
                in pediatrics.
            (2) A plan to develop a uniform definition of ``pediatric 
        medical necessity'' for the Department that aligns with 
        recommendations of organizations that specialize in pediatrics 
        in order to ensure that a consistent definition of such term is 
        used in providing health care in military treatment facilities 
        and by health care providers under the TRICARE program.
            (3) A plan to develop measures to evaluate and improve 
        access to pediatric care, coordination of pediatric care, and 
        health outcomes for such children.
            (4) A plan to include an assessment of access to pediatric 
        specialty care in the annual report to Congress on the 
        effectiveness of the TRICARE program.
            (5) A plan to improve the quality of and access to 
        behavioral health care under the TRICARE program for children of 
        members of the Armed Forces, including intensive outpatient and 
        partial hospitalization services.
            (6) A plan to mitigate the impact of permanent changes of 
        station and other service-related relocations of members of the 
        Armed Forces on the continuity of health care services received 
        by such children who have special medical or behavioral health 
        needs.
            (7) A plan to mitigate deficiencies in data collection, data 
        utilization, and data analysis to improve pediatric care and 
        related services for children of members of the Armed Forces.

    (c) TRICARE Program Defined.--In this section, the term ``TRICARE 
program'' has the meaning given such term in section 1072 of title 10, 
United States Code.

[[Page 131 STAT. 1444]]

SEC. 734. LONGITUDINAL MEDICAL STUDY ON BLAST PRESSURE EXPOSURE OF 
                        MEMBERS OF THE ARMED FORCES.

    (a) In General.--The Secretary of Defense shall conduct a 
longitudinal medical study on blast pressure exposure of members of the 
Armed Forces during combat and training, including members who train 
with any high overpressure weapon system, such as anti-tank recoilless 
rifles or heavy-caliber sniper rifles.
    (b) Elements.--The study required under subsection (a) shall--
            (1) monitor, record, and analyze data on blast pressure 
        exposure for any member of the Armed Forces who is likely to be 
        exposed to a blast in training or combat;
            (2) assess the feasibility and advisability of including 
        blast exposure history as part of the service record of a 
        member, as a blast exposure log, in order to ensure that, if 
        medical issues arise later, the member receives care for any 
        service-connected injuries; and
            (3) review the safety precautions surrounding heavy weapons 
        training to account for emerging research on blast exposure and 
        the effects of such exposure on cognitive performance of members 
        of the Armed Forces.

    (c) Reports.--
            (1) Interim report.--Not later than one year after the date 
        of the enactment of this Act, the Secretary shall submit to the 
        Committees on Armed Services of the Senate and the House of 
        Representatives an interim report on the study methods and 
        action plan for the study under subsection (a).
            (2) Final report.--Not later than four years after the date 
        the Secretary begins the study under subsection (a), the 
        Secretary shall submit to the Committees on Armed Services of 
        the Senate and the House of Representatives a report on the 
        results of such study.
SEC. 735. STUDY ON SAFE OPIOID PRESCRIBING PRACTICES.

    (a) Study.--The Secretary of Defense shall conduct a study on the 
effectiveness of the training provided to military health care providers 
regarding opioid prescribing practices, initiatives in opioid safety, 
the use of the VA/DOD Clinical Practice Guideline for Management of 
Opioid Therapy for Chronic Pain, and other related training.
    (b) Elements.--The study under subsection (a) shall address the 
effectiveness of training with respect to the following:
            (1) Identifying and treating individuals with chronic pain.
            (2) Reducing the total number of prescription opioids 
        dispensed by the Department of Defense to beneficiaries of 
        health care furnished by the Department.
            (3) Prescribing practices for opioid analgesic therapy, 
        including--
                    (A) reducing average dosage sizes;
                    (B) reducing the average number of dosages;
                    (C) reducing initial and average durations of opioid 
                analgesic therapy;
                    (D) reducing dose escalation when opioid analgesic 
                therapy results in adequate pain reduction; and
                    (E) reducing the average number of prescription 
                opioid analgesics dispensed by the Department of 
                Defense.

[[Page 131 STAT. 1445]]

            (4) Reducing the number of overdoses due to prescription 
        opioids for patients with acute pain and patients undergoing 
        opioid therapy for chronic pain.
            (5) Providing counseling and referrals to treatment 
        alternatives to opioid analgesics.
            (6) Providing education on the risks of opioid medications 
        to individuals for whom such medications are prescribed, and to 
        their families, with special consideration given to raising 
        awareness among adolescents on such risks.
            (7) Effectiveness in communicating to military health care 
        providers changes in policies of the Department of Defense 
        regarding opioid safety and prescribing practices.

    (c) Assessment.--The Secretary of Defense shall also consider the 
feasibility and advisability of further strengthening opioid prescribing 
practices by means of the following:
            (1) Developing and implementing a physician advisory 
        committee of the Department of Defense regarding education 
        programs for prescribers of opioid analgesics.
            (2) Developing methods to encourage health care providers of 
        the Department to use physical therapy or alternative methods to 
        treat acute or chronic pain.
            (3) Developing curricula regarding pain management and safe 
        opioid analgesic prescription practices that incorporate opioid 
        analgesic prescribing guidelines issued by the Centers for 
        Disease Control and Prevention.

    (d) Briefing.--Not later than one year after the date of the 
enactment of this Act, the Secretary shall provide to the Committees on 
Armed Services of the House of Representatives and the Senate a briefing 
on the results of the study under subsection (a) and the assessment 
under subsection (c).
SEC. 736. REPORT ON IMPLEMENTATION OF GAO RECOMMENDATIONS.

    Not later than 180 days after the date of the enactment of this Act, 
the Secretary of Defense shall submit a report to the congressional 
defense committees on the implementation by the Department of Defense of 
the recommendations from the Government Accountability Office report 
entitled ``Actions Needed to Ensure Post-Traumatic Stress Disorder and 
Traumatic Brain Injury Are Considered in Misconduct Separations'' and 
published May 16, 2017.
SEC. 737. <<NOTE: 10 USC 1074 note.>>  DECLASSIFICATION BY 
                        DEPARTMENT OF DEFENSE OF CERTAIN INCIDENTS 
                        OF EXPOSURE OF MEMBERS OF THE ARMED FORCES 
                        TO TOXIC SUBSTANCES.

    (a) In General.--The Secretary of Defense shall conduct a 
declassification review of documents related to any known incident in 
which not fewer than 100 members of the Armed Forces were intentionally 
exposed to a toxic substance that resulted in at least one case of a 
disability that a member of the medical profession has determined to be 
associated with that toxic substance.
    (b) Limitation.--The declassification required by subsection (a) 
shall be limited to information necessary for an individual who was 
potentially exposed to a toxic substance to determine the following:
            (1) Whether that individual was exposed to that toxic 
        substance.
            (2) The potential severity of the exposure of that 
        individual to that toxic substance.

[[Page 131 STAT. 1446]]

            (3) Any potential health conditions that may have resulted 
        from exposure to that toxic substance.

    (c) Exception.--The Secretary of Defense is not required to 
declassify documents under subsection (a) if the Secretary determines 
that declassification of those documents would materially and 
immediately threaten the security of the United States.
    (d) Definitions.--In this section:
            (1) Armed forces.--The term ``Armed Forces'' has the meaning 
        given that term in section 101 of title 10, United States Code.
            (2) Exposed.--The term ``exposed'' means, with respect to a 
        toxic substance, that an individual came into contact with that 
        toxic substance in a manner that could be hazardous to the 
        health of that individual, that may include if that toxic 
        substance was inhaled, ingested, or touched the skin or eyes.
            (3) Exposure.--The term ``exposure'' means, with respect to 
        a toxic substance, an event during which an individual was 
        exposed to that toxic substance.
            (4) Toxic substance.--The term ``toxic substance'' means any 
        substance determined by the Administrator of the Environmental 
        Protection Agency to be harmful to the environment or hazardous 
        to the health of an individual if inhaled or ingested by or 
        absorbed through the skin of that individual.
SEC. 738. <<NOTE: 38 USC 527 note.>>  COORDINATION BY VETERANS 
                        HEALTH ADMINISTRATION OF EFFORTS TO 
                        UNDERSTAND EFFECTS OF BURN PITS.

    The Under Secretary for Health of the Department of Veterans 
Affairs, acting through the Office of Public Health of the Veterans 
Health Administration, shall coordinate efforts related to furthering 
understanding of burn pits, the effect of burn pits on veterans, and 
effective treatments relating to such effects, including with respect to 
research efforts and training of clinical staff on related matters.
SEC. 739. TRICARE TECHNICAL AMENDMENTS.

    (a) Definition of TRICARE Standard.--Paragraph (15) of section 1072 
of title 10, United States Code, is amended to read as follows:
            ``(15) The term `TRICARE Standard' means the TRICARE program 
        made available prior to January 1, 2018, covering health 
        benefits contracted for under the authority of section 1079(a) 
        or 1086(a) of this title and subject to the same rates and 
        conditions as apply to persons covered under those sections.''.

    (b) Cost-sharing Amounts.--
            (1) TRICARE select.--
                    (A) Allowance of cost-sharing amounts as determined 
                by the secretary.--Subsection (d) of section 1075 of 
                such title is amended by adding at the end the following 
                new paragraph:

    ``(4) The cost-sharing requirements applicable to services not 
specifically addressed in the table set forth in paragraph (1) shall be 
established by the Secretary.''.
                    (B) Modification of reference to ambulance civilian 
                network.--Paragraph (1) of such subsection is amended, 
                in the first column of the table, by striking 
                ``Ambulance civilian network'' and inserting ``Ground 
                ambulance civilian network''.

[[Page 131 STAT. 1447]]

            (2) TRICARE prime.--
                    (A) Allowance of cost-sharing amounts as determined 
                by the secretary.--Subsection (b) of section 1075a of 
                such title is amended by adding at the end the following 
                new paragraph:

    ``(4) The cost-sharing requirements applicable to services not 
specifically addressed in the table set forth in paragraph (1) shall be 
established by the Secretary.''.
                    (B) Modification of reference to ambulance civilian 
                network.--Paragraph (1) of such section is amended, in 
                the first column of the table, by striking ``Ambulance 
                civilian network'' and inserting ``Ground ambulance 
                civilian network''.

    (c) Medical Care for Dependents.--
            (1) Reference to medically necessary vitamins.--Paragraphs 
        (3) and (18) of section 1077(a) of such title are amended by 
        striking ``subsection (g)'' each place it appears and inserting 
        ``subsection (h)''.
            (2) Eligibility of dependents to purchase hearing aids.--
        Section 1077(g) of such title is amended by striking ``of former 
        members of the uniformed services'' and inserting ``eligible for 
        care under this section''.

    (d) Modification of Reference to Fiscal Year.--
            (1) Contracts for medical care for spouses and children.--
        Section 1079(b) such title is amended by striking ``fiscal 
        year'' each place it appears and inserting ``calendar year''.
            (2) Contracts for health benefits for certain members, 
        former members, and their dependents.--Section 1086(b) of such 
        title is amended by striking ``fiscal year'' each place it 
        appears and inserting ``calendar year''.

    (e) Referrals and Preauthorizations for TRICARE Prime.--
            (1) Preauthorization for care at residential treatment 
        centers.--Section 1095f(b) of such title is amended by adding at 
        the end the following new paragraph:
            ``(4) Inpatient care at a residential treatment center.''.
            (2) Reference.--Section 1075a(c) of such title is amended by 
        striking ``section 1075f(a)'' and inserting ``section 
        1095f(a)''.

    (f) Applicability of Premium for Dependent Coverage.--Section 
1110b(c)(1) of such title is amended by striking ``section 1075 of this 
section'' and inserting ``section 1075 or 1075a of this title, as 
appropriate''.

  TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED 
                                 MATTERS

              Subtitle A--Acquisition Policy and Management

Sec. 801. Statements of purpose for Department of Defense acquisition.
Sec. 802. Management of intellectual property matters within the 
           Department of Defense.
Sec. 803. Performance of incurred cost audits.
Sec. 804. Repeal of certain auditing requirements.
Sec. 805. Increased simplified acquisition threshold.
Sec. 806. Requirements related to the micro-purchase threshold.
Sec. 807. Process for enhanced supply chain scrutiny.
Sec. 808. Defense policy advisory committee on technology.

[[Page 131 STAT. 1448]]

Sec. 809. Report on extension of development, acquisition, and 
           sustainment authorities of the military departments to the 
           United States Special Operations Command.
Sec. 810 . Technical and conforming amendments related to program 
           management provisions.

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

Sec. 811. Modifications to cost or pricing data and reporting 
           requirements.
Sec. 812. Applicability of cost and pricing data certification 
           requirements.
Sec. 813. Sunset of certain provisions relating to the procurement of 
           goods other than United States goods.
Sec. 814. Comptroller General report on health and safety records.
Sec. 815. Limitation on unilateral definitization.
Sec. 816. Amendment to sustainment reviews.
Sec. 817. Use of program income by eligible entities that carry out 
           procurement technical assistance programs.
Sec. 818. Enhanced post-award debriefing rights.
Sec. 819. Amendments relating to information technology.
Sec. 820. Change to definition of subcontract in certain circumstances.
Sec. 821. Amendment relating to applicability of inflation adjustments.
Sec. 822. Use of lowest price technically acceptable source selection 
           process.
Sec. 823. Exemption from design-build selection procedures.
Sec. 824. Contract closeout authority.
Sec. 825. Elimination of cost underruns as factor in calculation of 
           penalties for cost overruns.
Sec. 826. Modification to annual meeting requirement of Configuration 
           Steering Boards.
Sec. 827. Pilot program on payment of costs for denied Government 
           Accountability Office bid protests.

  Subtitle C--Provisions Relating to Major Defense Acquisition Programs

Sec. 831. Revisions to definition of major defense acquisition program.
Sec. 832. Prohibition on use of lowest price technically acceptable 
           source selection process for major defense acquisition 
           programs.
Sec. 833. Role of the Chief of the armed force in material development 
           decision and acquisition system milestones.
Sec. 834. Requirement to emphasize reliability and maintainability in 
           weapon system design.
Sec. 835. Licensing of appropriate intellectual property to support 
           major weapon systems.
Sec. 836. Codification of requirements pertaining to assessment, 
           management, and control of operating and support costs for 
           major weapon systems.
Sec. 837. Should-cost management.
Sec. 838. Improvements to test and evaluation processes and tools.
Sec. 839. Enhancements to transparency in test and evaluation processes 
           and data.

        Subtitle D--Provisions Relating to Acquisition Workforce

Sec. 841. Enhancements to the civilian program management workforce.
Sec. 842. Credits to Department of Defense Acquisition Workforce 
           Development Fund.
Sec. 843. Improvements to the hiring and training of the acquisition 
           workforce.
Sec. 844. Extension and modifications to acquisition demonstration 
           project.

           Subtitle E--Provisions Relating to Commercial Items

Sec. 846. Procurement through commercial e-commerce portals.
Sec. 847. Revision to definition of commercial item.
Sec. 848. Commercial item determinations.
Sec. 849. Review of regulations on commercial items.
Sec. 850. Training in commercial items procurement.

         Subtitle F--Provisions Relating to Services Contracting

Sec. 851. Improvement of planning for acquisition of services.
Sec. 852. Standard guidelines for evaluation of requirements for 
           services contracts.
Sec. 853. Report on outcome-based services contracts.
Sec. 854. Pilot program for longer term multiyear service contracts.

   Subtitle G--Provisions Relating to Other Transaction Authority and 
                               Prototyping

Sec. 861. Contract authority for advanced development of initial or 
           additional prototype units.

[[Page 131 STAT. 1449]]

Sec. 862. Methods for entering into research agreements.
Sec. 863. Education and training for transactions other than contracts 
           and grants.
Sec. 864. Other transaction authority for certain prototype projects.
Sec. 865. Amendment to nontraditional and small contractor innovation 
           prototyping program.
Sec. 866. Middle tier of acquisition for rapid prototype and rapid 
           fielding.
Sec. 867. Preference for use of other transactions and experimental 
           authority.
Sec. 868. Prototype projects to digitize defense acquisition 
           regulations, policies, and guidance, and empower user 
           tailoring of acquisition process.

         Subtitle H--Provisions Relating to Software Acquisition

Sec. 871. Noncommercial computer software acquisition considerations.
Sec. 872. Defense Innovation Board analysis of software acquisition 
           regulations.
Sec. 873. Pilot program to use agile or iterative development methods to 
           tailor major software-intensive warfighting systems and 
           defense business systems.
Sec. 874. Software development pilot program using agile best practices.
Sec. 875. Pilot program for open source software.

                        Subtitle I--Other Matters

Sec. 881. Extension of maximum duration of fuel storage contracts.
Sec. 882. Procurement of aviation critical safety items.
Sec. 883. Modifications to the advisory panel on streamlining and 
           codifying acquisition regulations.
Sec. 884. Repeal of expired pilot program for leasing commercial utility 
           cargo vehicles.
Sec. 885. Exception for business operations from requirement to accept 
           $1 coins.
Sec. 886. Development of Procurement Administrative Lead Time.
Sec. 887. Notional milestones and standard timelines for contracts for 
           foreign military sales.
Sec. 888. Assessment and authority to terminate or prohibit contracts 
           for procurement from Chinese companies providing support to 
           the Democratic People's Republic of Korea.
Sec. 889. Report on defense contracting fraud.
Sec. 890. Comptroller General report on contractor business system 
           requirements.
Sec. 891. Training on agile or iterative development methods.

              Subtitle A--Acquisition Policy and Management

SEC. 801. <<NOTE: 10 USC 2302 note.>>  STATEMENTS OF PURPOSE FOR 
                        DEPARTMENT OF DEFENSE ACQUISITION.

    Not later than 180 days after the date of the enactment of this Act, 
the Secretary of Defense shall revise the Defense Federal Acquisition 
Regulation Supplement to include the following statements of purpose:
            (1) The defense acquisition system (as defined in section 
        2545 of title 10, United States Code) exists to manage the 
        investments of the United States in technologies, programs, and 
        product support necessary to achieve the national security 
        strategy prescribed by the President pursuant to section 108 of 
        the National Security Act of 1947 (50 U.S.C. 3043) and to 
        support the United States Armed Forces.
            (2) The investment strategy of the Department of Defense 
        shall be postured to support not only the current United States 
        Armed Forces, but also future Armed Forces of the United States.
            (3) The primary objective of Department of Defense 
        acquisition is to acquire quality products that satisfy user 
        needs with measurable improvements to mission capability and 
        operational support, in a timely manner, and at a fair and 
        reasonable price.

[[Page 131 STAT. 1450]]

SEC. 802. 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:
``Sec. 2322. <<NOTE: 10 USC 2322.>>  Management of intellectual 
                  property matters within the Department of 
                  Defense

    ``(a) Policy Required.--The Secretary of Defense, acting through the 
Under Secretary of Defense for Acquisition and Sustainment, shall 
develop policy on the acquisition or licensing of intellectual 
property--
            ``(1) to enable coordination and consistency across the 
        military departments and the Department of Defense in strategies 
        for acquiring or licensing intellectual property and 
        communicating with industry;
            ``(2) 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; and
            ``(3) to encourage customized intellectual property 
        strategies for each system based on, at a minimum, the unique 
        characteristics of the system and its components, the product 
        support strategy for the system, the organic industrial base 
        strategy of the military department concerned, and the 
        commercial market.

    ``(b) Cadre of Intellectual Property Experts.--(1) The Secretary of 
Defense, acting through the Under Secretary of Defense for Acquisition 
and Sustainment, shall establish 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 Under Secretary shall establish an appropriate leadership 
structure and office within which the cadre shall be managed, and shall 
determine the appropriate official to whom members of the cadre shall 
report.
    ``(3) The cadre of experts shall be assigned to a 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 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 system;
            ``(C) conduct or assist with financial analysis and 
        valuation of intellectual property;
            ``(D) assist in the drafting of a solicitation, contract, or 
        other transaction;

[[Page 131 STAT. 1451]]

            ``(E) interact with or assist in interactions with 
        contractors, including communications and negotiations with 
        contractors on solicitations and 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 agreements.

    ``(4)(A) In order to achieve the purpose set forth in paragraph (1), 
the Under Secretary 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 Under Secretary, in coordination 
with the Defense Acquisition University and in consultation with 
academia and industry, shall develop a career path, including 
development opportunities, exchanges, talent management programs, and 
training, for the cadre. The Under Secretary 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 Under Secretary 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 Under Secretary 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 Under Secretary 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 Under Secretary is authorized to use amounts in 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.''.
            (2) <<NOTE: 10 USC 2301 prec.>>  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) 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.''.
SEC. 803. PERFORMANCE OF INCURRED COST AUDITS.

    (a) In General.--Chapter 137 of title 10, United States Code, is 
amended by inserting after section 2313a the following new section:
``Sec. 2313b. <<NOTE: 10 USC 2313b.>>  Performance of incurred 
                    cost audits

    ``(a) Compliance With Standards of Risk and Materiality.--Not later 
than October 1, 2020, the Secretary of Defense shall

[[Page 131 STAT. 1452]]

comply with commercially accepted standards of risk and materiality in 
the performance of each incurred cost audit of costs associated with a 
contract of the Department of Defense.
    ``(b) Conditions for the Use of Qualified Auditors to Perform 
Incurred Cost Audits.--(1) To support the need of the Department of 
Defense for timely and effective incurred cost audits, and to ensure 
that the Defense Contract Audit Agency is able to allocate resources to 
higher-risk and more complex audits, the Secretary of Defense shall use 
qualified private auditors to perform a sufficient number of incurred 
cost audits of contracts of the Department of Defense to--
            ``(A) eliminate, by October 1, 2020, any backlog of incurred 
        cost audits of the Defense Contract Audit Agency;
            ``(B) ensure that incurred cost audits are completed not 
        later than one year after the date of receipt of a qualified 
        incurred cost submission;
            ``(C) maintain an appropriate mix of Government and private 
        sector capacity to meet the current and future needs of the 
        Department of Defense for the performance of incurred cost 
        audits;
            ``(D) ensure that qualified private auditors perform 
        incurred cost audits on an ongoing basis to improve the 
        efficiency and effectiveness of the performance of incurred cost 
        audits; and
            ``(E) limit multiyear auditing to ensure that multiyear 
        auditing is conducted only--
                    ``(A) 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; or
                    ``(B) when the contractor being audited submits a 
                written request, including a justification for the use 
                of multiyear auditing, to the Under Secretary of Defense 
                (Comptroller).

    ``(2) The Secretary of Defense shall consult with Federal agencies 
that have awarded contracts or task orders to qualified private auditors 
to ensure that the Department of Defense is using, as appropriate, best 
practices relating to contracting with qualified private auditors.
    ``(3) The Secretary of Defense shall ensure that a qualified private 
auditor performing an incurred cost audit under this section--
            ``(A) has no conflict of interest in performing such an 
        audit, as defined by generally accepted government auditing 
        standards;
            ``(B) possesses the necessary independence to perform such 
        an audit, as defined by generally accepted government auditing 
        standards;
            ``(C) signs a nondisclosure agreement, as appropriate, to 
        protect proprietary or nonpublic data;
            ``(D) accesses and uses proprietary or nonpublic data 
        furnished to the qualified private auditor only for the purposes 
        stated in the contract;
            ``(E) takes all reasonable steps to protect proprietary and 
        nonpublic data furnished during the audit; and
            ``(F) does not use proprietary or nonpublic data provided to 
        the qualified private auditor under the authority of this 
        section to compete for Government or nongovernment contracts.

[[Page 131 STAT. 1453]]

    ``(c) Procedures for the Use of Qualified Private Auditors.--(1) Not 
later than October 1, 2018, the Secretary of Defense shall submit to the 
congressional defense committees a plan to implement the requirements of 
subsection (b). Such plan shall include, at a minimum--
            ``(A) a description of the incurred cost audits that the 
        Secretary determines are appropriate to be conducted by 
        qualified private auditors, including the approximate number and 
        dollar value of such incurred cost audits;
            ``(B) an estimate of the number and dollar value of incurred 
        cost audits to be conducted by qualified private auditors for 
        each of the fiscal years 2019 through 2025 necessary to meet the 
        requirements of subsection (b); and
            ``(C) all other elements of an acquisition plan as required 
        by the Federal Acquisition Regulation.

    ``(2) Not later than April 1, 2019, the Secretary of Defense or a 
Federal department or agency authorized by the Secretary shall award a 
contract or issue a task order under an existing contract to two or more 
qualified private auditors to perform incurred cost audits of costs 
associated with contracts of the Department of Defense. The Defense 
Contract Management Agency or a contract administration office of a 
military department shall use a contract or a task order awarded or 
issued pursuant to this paragraph for the performance of an incurred 
cost audit, if doing so will assist the Secretary in meeting the 
requirements in subsection (b).
    ``(3) To improve the quality of incurred cost audits and reduce 
duplication of performance of such audits, the Secretary of Defense may 
provide a qualified private auditor with information on past or ongoing 
audit results or other relevant information on the entities the 
qualified private auditor is auditing.
    ``(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 determine what 
action should be taken based on an audit finding on direct costs of the 
contract.
    ``(d) Qualified Private Auditor Requirements.--(1) A qualified 
private auditor awarded a contract or issued an task order under 
subsection (c)(2) shall conduct an incurred cost audit in accordance 
with the generally accepted government auditing standards.
    ``(2) A qualified private auditor awarded a contract or issued an 
task order under subsection (c)(2) shall develop and maintain complete 
and accurate working papers on each incurred cost audit. All working 
papers and reports on the incurred cost audit prepared by such qualified 
private auditor shall be the property of the Department of Defense, 
except that the qualified private auditor may retain a complete copy of 
all working papers to support such reports made pursuant to this 
section.
    ``(3) A breach of contract by a qualified private auditor with 
respect to use of proprietary or nonpublic data may subject the 
qualified private auditor to--

[[Page 131 STAT. 1454]]

            ``(A) criminal, civil, administrative, and contractual 
        actions for penalties, damages, and other appropriate remedies 
        by the United States; and
            ``(B) civil actions for damages and other appropriate 
        remedies by the contractor or subcontractor whose data are 
        affected by the breach.

    ``(e) Peer Review.--(1) Effective October 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 generally accepted government auditing standards, 
including the requirements related to frequency of peer reviews, and 
shall be deemed to meet the requirements of the Defense Contract Audit 
Agency for a peer review under such standards.
    ``(2) Not later than October 1, 2019, the Secretary of Defense shall 
provide to the Committees on Armed Services of the Senate and the House 
of Representatives an update on the process of securing a commercial 
auditor to perform the peer review referred to in paragraph (1).
    ``(f) Numeric Materiality Standards for Incurred Cost Audits.--(1) 
Not later than October 1, 2020, the Department of Defense shall 
implement numeric materiality standards for incurred cost audits to be 
used by auditors that are consistent with commercially accepted 
standards of risk and materiality.
    ``(2) Not later than October 1, 2019, the Secretary of Defense shall 
submit to the congressional defense committees a report containing 
proposed numeric materiality standards required under paragraph (1). In 
developing such standards, the Secretary shall consult with commercial 
auditors that conduct incurred cost audits, the advisory panel 
authorized under section 809 of the National Defense Authorization Act 
for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 889), and other 
governmental and nongovernmental entities with relevant expertise.
    ``(g) Timeliness of Incurred Cost Audits.--(1) The Secretary of 
Defense shall ensure that all incurred cost audits performed by 
qualified private auditors or the Defense Contract Audit Agency are 
performed in a timely manner.
    ``(2) The Secretary of Defense shall notify a contractor of the 
Department of Defense 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) Not later than October 1, 2020, and subject to paragraph (5), 
if audit findings are not issued within one year after the date of 
receipt of a qualified incurred cost submission, the audit shall be 
considered to be complete and no additional audit work shall be 
conducted.
    ``(5) The Under Secretary of Defense (Comptroller) may waive the 
requirements of paragraph (4) on a case-by-case basis if the Director of 
the Defense Contract Audit Agency submits a written request. The 
Director of the Defense Contract Audit Agency shall include in the 
report required under section 2313a of this title

[[Page 131 STAT. 1455]]

the total number of waivers issued and the reasons for issuing each such 
waiver.
    ``(h) Review of Audit Performance.--Not later than April 1, 2025, 
the Comptroller General of the United States shall submit to the 
congressional defense committees a report that evaluates for the period 
beginning on October 1, 2019, 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 qualified private 
        auditors to conduct incurred cost audits for the Department of 
        Defense.

    ``(i) Definitions.--In this section:
            ``(1) The term `commercial auditor' means a private entity 
        engaged in the business of performing audits.
            ``(2) The term `incurred cost audit' means an audit of 
        charges to the Government by a contractor under a flexibly 
        priced contract.
            ``(3) The term `flexibly priced contract' has the meaning 
        given the term `flexibly-priced contracts and subcontracts' in 
        part 30 of the Federal Acquisition Regulation (section 30.001 of 
        title 48, Code of Federal Regulations).
            ``(4) The term `generally accepted government auditing 
        standards' means the generally accepted government auditing 
        standards of the Comptroller General of the United States.
            ``(5) The term `numeric 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.
            ``(6) 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.
            ``(7) The term `qualified private auditor' means a 
        commercial auditor--
                    ``(A) that performs audits in accordance with 
                generally accepted government auditing standards; and
                    ``(B) that has received a passing peer review 
                rating, as defined by generally accepted government 
                auditing standards.''.

    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter <<NOTE: 10 USC 2301 prec.>>  is amended by inserting after 
the item relating to section 2313a the following new item:

``2313b. Performance of incurred cost audits.''.


[[Page 131 STAT. 1456]]



    (c) Amendment to Duties of the Advisory Panel on Streamlining and 
Codifying Acquisition Regulations.--Subsection (c)(2) 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--
            (1) in subparagraph (D) by striking ``and'' at the end;
            (2) by redesignating subparagraph (E) as subparagraph (F);
            (3) by adding after subparagraph (D) the following new 
        subparagraph:
                    ``(E) improve the efficiency of the contract 
                auditing process, including through the development of 
                risk-based materiality standards; and''; and
            (4) in subparagraph (F) (as so redesignated), by striking 
        ``subparagraphs (A) through (D)'' and inserting ``subparagraphs 
        (A) through (E)''.
SEC. 804. REPEAL OF CERTAIN AUDITING REQUIREMENTS.

    Section 190 of title 10, United States Code, as proposed to be added 
by section 820(b)(1) of the National Defense Authorization Act for 
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2274), is amended by 
striking subsection (f).
SEC. 805. INCREASED SIMPLIFIED ACQUISITION THRESHOLD.

    Section 134 of title 41, United States Code, is amended by striking 
``$100,000'' and inserting ``$250,000''.
SEC. 806. REQUIREMENTS RELATED TO THE MICRO-PURCHASE THRESHOLD.

    (a) Increase in Threshold.--Section 1902(a)(1) of title 41, United 
States Code, is amended by striking ``$3,000'' and inserting 
``$10,000''.
    (b) <<NOTE: 41 USC 1902 note.>>  Convenience Checks.--A convenience 
check may not be used for an amount in excess of one half of the micro-
purchase threshold under section 1902(a) of title 41, United States 
Code, or a lower amount established by the head of the agency.
SEC. <<NOTE: 10 USC 2302 note.>>  807. PROCESS FOR ENHANCED SUPPLY 
                        CHAIN SCRUTINY.

    (a) Process.--Not later than 90 days after the date of the enactment 
of this Act, the Secretary of Defense shall establish a process for 
enhancing scrutiny of acquisition decisions in order to improve the 
integration of supply chain risk management into the overall acquisition 
decision cycle.
    (b) Elements.--The process under subsection (a) shall include the 
following elements:
            (1) Designation of a senior official responsible for 
        overseeing the development and implementation of the process.
            (2) Development or integration of tools to support 
        commercial due-diligence, business intelligence, or otherwise 
        analyze and monitor commercial activity to understand business 
        relationships with entities determined to be threats to the 
        United States.
            (3) Development of risk profiles of products or services 
        based on commercial due-diligence tools and data services.
            (4) Development of education and training curricula for the 
        acquisition workforce that supports the process.

[[Page 131 STAT. 1457]]

            (5) Integration, as needed, with intelligence sources to 
        develop threat profiles of entities determined to be threats to 
        the United States.
            (6) Periodic review and assessment of software products and 
        services on computer networks of the Department of Defense to 
        remove prohibited products or services.
            (7) Synchronization of the use of current authorities for 
        making supply chain decisions, including section 806 of Public 
        Law 111-383 (10 U.S.C. 2304 note) or improved use of suspension 
        and debarment officials.
            (8) Coordination with interagency, industrial, and 
        international partners, as appropriate, to share information, 
        develop Government-wide strategies for dealing with significant 
        entities determined to be significant threats to the United 
        States, and effectively use authorities in other departments and 
        agencies to provide consistent, Government-wide approaches to 
        supply chain threats.
            (9) Other matters as the Secretary considers necessary.

    (c) Notification.--Not later than 90 days after establishing the 
process required by subsection (a), the Secretary shall provide a 
written notification to the Committees on Armed Services of the Senate 
and House of Representatives that the process has been established. The 
notification also shall include the following:
            (1) Identification of the official designated under 
        subsection (b)(1).
            (2) Identification of tools and services currently available 
        to the Department of Defense under subsection (b)(2).
            (3) Assessment of additional tools and services available 
        under subsection (b)(2) that the Department of Defense should 
        evaluate.
            (4) Identification of, or recommendations for, any statutory 
        changes needed to improve the effectiveness of the process.
            (5) Projected resource needs for implementing any 
        recommendations made by the Secretary.
SEC. 808. DEFENSE POLICY ADVISORY COMMITTEE ON TECHNOLOGY.

    (a) Establishment.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense, acting through the 
Chief Management Officer, shall form a committee of senior executives 
from United States firms in the national technology and industrial base 
to meet with the Secretary, the Secretaries of the military departments, 
and members of the Joint Chiefs of Staff to exchange information, 
including, as appropriate, classified information, on technology threats 
to the national security of the United States and on the emerging 
technologies from the national technology and industrial base that may 
become available to counter such threats in a timely manner.
    (b) Meetings.--The defense policy advisory committee on technology 
formed pursuant to subsection (a) shall meet with the Secretary and the 
other Department of Defense officials specified in such subsection 
collectively at least once annually in each of fiscal years 2018 through 
2022. The Secretary of Defense shall provide the congressional defense 
committees annual briefings on the meetings.
    (c) Federal Advisory Committee Act.--The Federal Advisory Committee 
Act (5 U.S.C. App.) shall not apply to the defense policy

[[Page 131 STAT. 1458]]

advisory committee on technology established pursuant to this section.
SEC. 809. REPORT ON EXTENSION OF DEVELOPMENT, ACQUISITION, AND 
                        SUSTAINMENT AUTHORITIES OF THE MILITARY 
                        DEPARTMENTS TO THE UNITED STATES SPECIAL 
                        OPERATIONS COMMAND.

    (a) Review.--The Secretary of Defense shall carry out a review of 
the authorities available to the Secretaries of the military departments 
and the acquisition executives of the military departments for the 
development, acquisition, and sustainment of technology, equipment, and 
services for the military departments in order to determine the 
feasibility and advisability of the provision of such authorities to the 
Commander of the United States Special Operations Command and the 
acquisition executive of the Command for the development, acquisition, 
and sustainment of special operations-peculiar technology, equipment, 
and services.
    (b) Report.--Not later than 120 days after the date of the enactment 
of this Act, the Secretary shall submit to the Committees on Armed 
Services of the Senate and the House of Representatives a report on the 
review required by subsection (a). The report shall include the 
following:
            (1) A description of the review.
            (2) An identification of the authorities the Secretary 
        recommends for provision to the Commander of the United States 
        Special Operations Command and the acquisition executive of the 
        Command as described in subsection (a), and recommendations for 
        any modifications of such authorities that the Secretary 
        considers appropriate for purposes of the United States Special 
        Operations Command.
            (3) Such recommendations for legislative or administrative 
        action as the Secretary considers appropriate for the provision 
        of authorities identified pursuant to paragraph (2) as described 
        in subsection (a).
            (4) Such other matters as the Secretary considers 
        appropriate in light of the review.
SEC. 810. TECHNICAL AND CONFORMING AMENDMENTS RELATED TO PROGRAM 
                        MANAGEMENT PROVISIONS.

    (a) Repeal of Duplicative Provision Related to Program and Project 
Management.--Subsection (c) of section 503 of title 31, United States 
Code, as added by section 861(a)(1) of the National Defense 
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 
2298), is repealed.
    (b) Repeal of Duplicative Provision Related to Program Management 
Officers and Program Management Policy Council.--Section 1126 of title 
31, United States Code, as added by section 861(b)(1) of the National 
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 
Stat. 2299), is repealed.
    (c) Repeal of Obsolete Provisions.--Section 861 of the National 
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 
Stat. 2299) <<NOTE: 130 Stat. 2298; 31 USC 503 note, 1126 note.>>  is 
repealed.

[[Page 131 STAT. 1459]]

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

SEC. 811. 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 ``$2,000,000''; 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 ``$2,000,000''; 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

[[Page 131 STAT. 1460]]

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) <<NOTE: 10 USC 111 note.>>  Exemption to report 
        termination requirements.--Section 1080(a) 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; 130 Stat. 2405; 10 U.S.C. 111 
        note), 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

[[Page 131 STAT. 1461]]

multiple of $50,000.'' and inserting ``in accordance with section 1908 
of title 41.''.
SEC. 812. <<NOTE: 22 USC 2762 note.>>  APPLICABILITY OF COST AND 
                        PRICING DATA CERTIFICATION REQUIREMENTS.

    Section 830(d) of the National Defense Authorization Act for Fiscal 
Year 2017 (Public Law 114-328; 130 Stat. 2286) is amended--
            (1) in paragraph (1)(A), by striking ``same product'' and 
        inserting ``same or similar product'';
            (2) by redesignating paragraph (2) as paragraph (4); and
            (3) by inserting after paragraph (1) the following new 
        paragraphs:
            ``(2) Determination of same or similar product.--The 
        Secretary of Defense and the Secretary of State shall jointly 
        determine whether a product is considered to be a similar 
        product for the purposes of this pilot program.
            ``(3) Waiver of cost or pricing certification.--The 
        Secretary of Defense may waive the certification requirement 
        under section 2306a(a)(2) of title 10, United States Code, if 
        the Secretary determines that the Federal Government has 
        sufficient data and information regarding the reasonableness of 
        the price.''.
SEC. 813. SUNSET OF CERTAIN PROVISIONS RELATING TO THE PROCUREMENT 
                        OF GOODS OTHER THAN UNITED STATES GOODS.

    (a) Chemical Weapons Antidote.--Section 2534(c) of title 10, United 
States Code, is amended by adding at the end the following new 
paragraph:
            ``(5) Chemical weapons antidote.--Subsections (a)(2) and 
        (b)(2) shall cease to be effective on October 1, 2018.''.

    (b) <<NOTE: 10 USC 2534 note.>>  Photovoltaic Devices.--Effective 
October 1, 2018, section 858 of the Carl Levin and Howard P. ``Buck'' 
McKeon National Defense Authorization Act for Fiscal Year 2015 (Public 
Law 113-291; 10 U.S.C. 2534 note) is repealed.
SEC. 814. COMPTROLLER GENERAL REPORT ON HEALTH AND SAFETY RECORDS.
            (1) In general.--Not later than one year after the date of 
        the enactment of this Act, the Comptroller General of the United 
        States shall submit to the Secretary of Defense and the 
        congressional defense committees a report on the safety and 
        health records of Department of Defense contractors.
            (2) Elements.--The report required under paragraph (1) shall 
        include the following elements:
                    (A) A description of the existing procedures of the 
                Department of Defense to evaluate the safety and health 
                records of current and prospective contractors.
                    (B) An evaluation of the adherence of the Department 
                of Defense to such procedures.
                    (C) An assessment of the current incidence of safety 
                and health violations by Department of Defense 
                contractors.
                    (D) An assessment of whether the Secretary of Labor 
                has the resources to investigate and identify safety and 
                health violations by Department of Defense contractors.
                    (E) An assessment of whether the Secretary of Labor 
                should consider assuming an expanded investigatory role

[[Page 131 STAT. 1462]]

                or a targeted enforcement program for ensuring the 
                safety and health of individuals working under 
                Department of Defense contracts.
SEC. 815. 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 $50,000,000, 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 service acquisition executive for the military 
        department that awarded the contract, or the Under Secretary of 
        Defense for Acquisition and Sustainment if the contract was 
        awarded by a Defense Agency or other component of the Department 
        of Defense, 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) <<NOTE: 10 USC 2326 note.>>  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. 816. 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. 817. 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

[[Page 131 STAT. 1463]]

        such specified fiscal year, during the fiscal year following 
        such 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. 818. <<NOTE: 10 USC 2305 note.>>  ENHANCED POST-AWARD 
                        DEBRIEFING RIGHTS.

    (a) Release of Contract Award Information.--Not later than 180 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 require that all required post-award 
debriefings, while protecting the confidential and proprietary 
information of other offerors, include, at a minimum, the following:
            (1) In the case of a contract award in excess of 
        $100,000,000, a requirement for disclosure of the agency's 
        written source selection award determination, redacted to 
        protect the confidential and proprietary information of other 
        offerors for the contract award, and, in the case of a contract 
        award in excess of $10,000,000 and not in excess of $100,000,000 
        with a small business or nontraditional contractor, an option 
        for the small business or nontraditional contractor to request 
        such disclosure.
            (2) A requirement for a written or oral debriefing for all 
        contract awards and task or delivery orders valued at 
        $10,000,000 or higher.
            (3) Provisions ensuring that both unsuccessful and winning 
        offerors are entitled to the disclosure described in paragraph 
        (1) and the debriefing described in paragraph (2).
            (4) Robust procedures, consistent with section 2305(b)(5)(D) 
        of title 10, United States Code, and provisions implementing 
        that section in the Federal Acquisition Regulation, to protect 
        the confidential and proprietary information of other offerors.

    (b) Opportunity for Follow-up Questions.--Section 2305(b)(5) of 
title 10, United States Code, is amended--
            (1) by redesignating subparagraphs (C), (D), and (E) as 
        subparagraphs (D), (E), and (F), respectively;
            (2) in subparagraph (B)--
                    (A) in clause (v), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in clause (vi), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following new clause:
            ``(vii) an opportunity for a disappointed offeror to submit, 
        within two business days after receiving a post-award 
        debriefing, additional questions related to the debriefing.''; 
        and

[[Page 131 STAT. 1464]]

            (3) by inserting after subparagraph (B) the following new 
        subparagraph:

    ``(C) The agency shall respond in writing to any additional question 
submitted under subparagraph (B)(vii) within five business days after 
receipt of the question. The agency shall not consider the debriefing to 
be concluded until the agency delivers its written responses to the 
disappointed offeror.''.
    (c) Commencement of Post-briefing Period.--Section 3553(d)(4) of 
title 31, United States Code, is amended--
            (1) by redesignating subparagraphs (A) and (B) as clauses 
        (i) and (ii) respectively;
            (2) by striking ``The period'' and inserting ``(A) The 
        period''; and
            (3) by adding at the end the following new subparagraph:

    ``(B) For procurements conducted by any component of the Department 
of Defense, the 5-day period described in subparagraph (A)(ii) does not 
commence until the day the Government delivers to a disappointed offeror 
the written responses to any questions submitted pursuant to section 
2305(b)(5)(B)(vii) of title 10.''.
SEC. 819. AMENDMENTS RELATING TO INFORMATION TECHNOLOGY.

    (a) Elimination of Sunset Relating to Transparency and Risk 
Management of Major Information Technology Investments.--Subsection (c) 
of section 11302 of title 40, United States Code, is amended by striking 
the first paragraph (5).
    (b) Elimination of Sunset Relating to Information Technology 
Portfolio, Program, and Resource Reviews.--Section 11319 of title 40, 
United States Code, is amended--
            (1) by redesignating the second subsection (c) as subsection 
        (d); and
            (2) in subsection (d), as so redesignated, by striking 
        paragraph (6).

    (c) Extension of Sunset Relating to Federal Data Center 
Consolidation Initiative.--Subsection (e) of section 834 of the National 
Defense Authorization Act for Fiscal Year 2015 (Public Law 113-291; 44 
U.S.C. 3601 note) is amended by striking ``2018'' and inserting 
``2020''.
SEC. 820. 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 
Federal Government and other parties and are not identifiable to any 
particular contract.''.
SEC. 821. AMENDMENT RELATING TO APPLICABILITY OF INFLATION 
                        ADJUSTMENTS.

    Section 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.''.

[[Page 131 STAT. 1465]]

SEC. 822. USE OF LOWEST PRICE TECHNICALLY ACCEPTABLE SOURCE 
                        SELECTION PROCESS.

    (a) Additional Requirements.--Subsection (b) of 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 paragraph (5), by striking ``; and'' and inserting a 
        semicolon;
            (2) in paragraph (6), by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following new paragraphs:
            ``(7) the Department of Defense would realize no, or 
        minimal, additional innovation or future technological advantage 
        by using a different methodology; and
            ``(8) with respect to a contract for procurement of goods, 
        the goods procured are predominantly expendable in nature, 
        nontechnical, or have a short life expectancy or short shelf 
        life.''.

    (b) Reporting Requirement.--
            (1) In general.--Subsection (d) of such section is amended 
        by striking ``contract exceeding $10,000,000'' and inserting 
        ``contract exceeding $5,000,000''.
            (2) <<NOTE: 10 USC 2305 note.>>  Applicability.--The 
        amendment made by this subsection shall apply with respect to 
        the second, third, and fourth reports submitted under subsection 
        (d) of section 813 of the National Defense Authorization Act for 
        Fiscal Year 2017 (Public Law 114-328; 130 Stat 2271; 10 U.S.C. 
        2305 note).
SEC. 823. 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 
        maximum number greater than 5 is in the interest of the Federal 
        Government; and
            ``(B) the contracting officer provides written documentation 
        of how a maximum number greater than 5 is consistent with the 
        purposes and objectives of the two-phase selection 
        procedures.''.
SEC. 824. CONTRACT CLOSEOUT AUTHORITY.

    Section 836(b)(1) of the National Defense Authorization Act for 
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2286) <<NOTE: 10 USC 
2302 note.>>  is amended by striking ``entered into prior to fiscal year 
2000'' and inserting ``entered into on a date that is at least 17 fiscal 
years before the current fiscal year''.

[[Page 131 STAT. 1466]]

SEC. 825. ELIMINATION OF COST UNDERRUNS AS FACTOR IN CALCULATION 
                        OF PENALTIES FOR COST OVERRUNS.

    (a) In General.--Section 828 of the National Defense Authorization 
Act for Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2430 note) is 
amended--
            (1) in subsection (a), by striking ``each fiscal year 
        beginning with fiscal year 2015'' and inserting ``each of fiscal 
        years 2018 through 2022'';
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking ``or underrun'';
                    (B) in paragraph (2)--
                          (i) by striking ``or underruns''; and
                          (ii) by striking ``,Technology, and 
                      Logistics'' and inserting ``and Sustainment'';
                    (C) in paragraph (3)--
                          (i) by striking ``and cost underruns''; and
                          (ii) by striking ``or underruns''; and
                    (D) in paragraph (4), by striking ``, except that 
                the cost overrun penalty may not be a negative amount'';
            (3) by redesignating subsections (c) and (d) as subsections 
        (d) and (e), respectively;
            (4) by inserting after subsection (b) the following new 
        subsection:

    ``(c) Total Cost Overrun Penalty.--Notwithstanding the amount of a 
cost overrun penalty determined in (b), the total cost overrun penalty 
for a military department (including any cost overrun penalty for joint 
programs of military departments) for a fiscal year may not exceed 
$50,000,000.''; and
            (5) in subsection (d) (as so redesignated)--
                    (A) in paragraph (1)--
                          (i) in the paragraph heading, by inserting 
                      ``or procurement'' after ``evaluation'';
                          (ii) by striking ``each fiscal year beginning 
                      with fiscal year 2015'' and inserting ``each of 
                      fiscal years 2018 through 2022'';
                          (iii) by striking ``each research'' and 
                      inserting ``the research'';
                          (iv) by striking ``evaluation account'' and 
                      inserting ``evaluation or procurement accounts''; 
                      and
                          (v) by striking ``percentage'' and inserting 
                      ``amount''; and
                    (B) in paragraph (2)--
                          (i) in the paragraph heading, by striking 
                      ``amount'' and inserting ``amounts'';
                          (ii) by striking ``percentage reduction'' and 
                      inserting ``reductions'';
                          (iii) by striking ``evaluation accounts'' and 
                      inserting ``evaluation or procurement accounts'';
                          (iv) by striking ``paragraph (1) is the 
                      percentage reduction'' and inserting ``paragraph 
                      (1) are the reductions''; and
                          (v) by inserting ``, when combined,'' after 
                      ``equal''.

    (b) <<NOTE: 10 USC 2430 note.>>  Prior Fiscal Years.--The 
requirements of section 828 of the National Defense Authorization Act 
for Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2430 note), as in 
effect on the day before the date of the enactment of this Act, shall 
continue to apply with respect to fiscal years beginning on or before 
October 1, 2016.

[[Page 131 STAT. 1467]]

SEC. 826. 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--
            (1) by striking ``The Secretary'' and inserting
                    ``(A) Annual meeting.--Except as provided in 
                subparagraph (B), the Secretary''; and
            (2) by adding at the end the following new subparagraph:
                    ``(B) Exception.--If the service 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, the 
                Configuration Steering Board for such major defense 
                acquisition program is not required to meet as described 
                in subparagraph (A).''.
SEC. 827. <<NOTE: 10 USC 2304 note.>>  PILOT PROGRAM ON PAYMENT OF 
                        COSTS FOR DENIED GOVERNMENT ACCOUNTABILITY 
                        OFFICE BID PROTESTS.

    (a) Pilot Program Required.--The Secretary of Defense shall carry 
out a pilot program to determine the effectiveness of requiring 
contractors to reimburse the Department of Defense for costs incurred in 
processing covered protests.
    (b) Duration.--The pilot program shall--
            (1) begin on the date that is two years after the date of 
        the enactment of this Act; and
            (2) end on the date that is five years after the date of the 
        enactment of this Act.

    (c) Report.--Not later than 90 days after the date on which the 
pilot program under subsection (a) ends, the Secretary shall provide a 
report to the Committees on Armed Services of the House of 
Representatives and the Senate assessing the feasibility of making 
permanent such pilot program.
    (d) Covered Protest Defined.--In this section, the term ``covered 
protest'' means a bid protest that was--
            (1) denied in an opinion issued by the Government 
        Accountability Office;
            (2) filed by a party with revenues in excess of $250,000,000 
        (based on fiscal year 2017 constant dollars) during the previous 
        year; and
            (3) filed on or after October 1, 2019 and on or before 
        September 30, 2022.

  Subtitle C--Provisions Relating to Major Defense Acquisition Programs

SEC. 831. REVISIONS TO DEFINITION OF MAJOR DEFENSE ACQUISITION 
                        PROGRAM.

    Section 2430(a) of title 10, United States Code, is amended--
            (1) in paragraph (1)(B), by inserting ``in the case of a 
        program that is not a program for the acquisition of an 
        automated information system (either a product or a service),'' 
        after ``(B)''; and
            (2) in paragraph (2)--
                    (A) by striking ``does not include an acquisition 
                program'' and inserting the following: ``does not 
                include--

[[Page 131 STAT. 1468]]

            ``(A) an acquisition program''; and
                    (B) by striking the period at the end and inserting 
                the following: ``; or
            ``(B) an acquisition program for a defense business system 
        (as defined in section 2222(i)(1) of this title) carried out 
        using the acquisition guidance issued pursuant to section 883(e) 
        of the National Defense Authorization Act for Fiscal Year 2016 
        (Public Law 114-92; 10 U.S.C. 2223a note).''.
SEC. 832. PROHIBITION ON USE OF LOWEST PRICE TECHNICALLY 
                        ACCEPTABLE SOURCE SELECTION PROCESS FOR 
                        MAJOR DEFENSE ACQUISITION PROGRAMS.

    (a) Prohibition.--
            (1) In general.--Chapter 144 of title 10, United States 
        Code, is amended by inserting after section 2441 the following 
        new section:
``Sec. 2442. <<NOTE: 10 USC 2442 note.>>  Prohibition on use of 
                  lowest price technically acceptable source 
                  selection process

    ``(a) In General.--The Department of Defense shall not use a lowest 
price technically acceptable source selection process for the 
engineering and manufacturing development contract of a major defense 
acquisition program.
    ``(b) Definitions.--In this section:
            ``(1) Lowest price technically acceptable source selection 
        process.--The term `lowest price technically acceptable source 
        selection process' has the meaning given that term in part 15 of 
        the Federal Acquisition Regulation.
            ``(2) Major defense acquisition program.--The term `major 
        defense acquisition program' has the meaning given that term in 
        section 2430 of this title.
            ``(3) Engineering and manufacturing development contract.--
        The term `engineering and manufacturing development contract' 
        means a prime contract for the engineering and manufacturing 
        development of a major defense acquisition program.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter <<NOTE: 10 USC 2430 prec.>>  is 
        amended by inserting after the item relating to section 2441 the 
        following new item:

``2442. Prohibition on use of lowest price technically acceptable source 
           selection process.''.

    (b) <<NOTE: 10 USC 2442 note.>>  Applicability.--The requirements of 
section 2442 of title 10, United States Code, as added by subsection 
(a), shall apply to major defense acquisition programs for which 
budgetary authority is requested for fiscal year 2019 or a subsequent 
fiscal year.
SEC. 833. ROLE OF THE CHIEF OF THE ARMED FORCE IN MATERIAL 
                        DEVELOPMENT DECISION AND ACQUISITION 
                        SYSTEM MILESTONES.

    Section 2547(b) of title 10, United States Code, is amended--
            (1) by striking ``The Secretary'' and inserting ``(1) The 
        Secretary''; and
            (2) by adding at the end the following new paragraph:

    ``(2) Consistent with the performance of duties under subsection 
(a), the Chief of the armed force concerned, or in the case of a joint 
program the chiefs of the armed forces concerned, with respect to major 
defense acquisition programs, shall--

[[Page 131 STAT. 1469]]

            ``(A) concur with the need for a material solution as 
        identified in the Material Development Decision Review prior to 
        entry into the Material Solution Analysis Phase under Department 
        of Defense Instruction 5000.02;
            ``(B) concur with the cost, schedule, technical feasibility, 
        and performance trade-offs that have been made with regard to 
        the program before Milestone A approval is granted under section 
        2366a of this title;
            ``(C) concur that appropriate trade-offs among cost, 
        schedule, technical feasibility, and performance objectives have 
        been made to ensure that the program is affordable when 
        considering the per unit cost and the total life-cycle cost 
        before Milestone B approval is granted under section 2366b of 
        this title; and
            ``(D) concur that the requirements in the program capability 
        document are necessary and realistic in relation to program cost 
        and fielding targets as required by paragraph (1) before 
        Milestone C approval is granted.''.
SEC. 834. 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, as amended by section 832, is further amended by adding at 
        the end the following new section:
``Sec. 2443. <<NOTE: 10 USC 2443.>>  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 or a solicitation for such a 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

[[Page 131 STAT. 1470]]

        the sustainment requirements of a covered contract for a weapon 
        system. The Secretary shall encourage the use of incentive fees 
        and penalties as appropriate and authorized in paragraph (2) in 
        all covered contracts for weapons systems.
            ``(2) Authority for incentive fees and penalties.--The 
        Secretary of Defense is authorized to include in any covered 
        contract provisions for the payment of incentive fees to the 
        contractor based on achievement of design specification 
        requirements for reliability and maintainability of weapons 
        systems under the contract, or the imposition of penalties to be 
        paid by the contractor to the Government for failure to achieve 
        such design specification requirements. Information about such 
        fees or penalties shall be included in the solicitation for any 
        covered contract that includes such fees or penalties.
            ``(3) Measurement of reliability and maintainability.--In 
        carrying out paragraph (2), the program manager shall base 
        determinations of a contractor's performance on reliability and 
        maintainability data collected during the program. Such data 
        collection and associated evaluation metrics shall be described 
        in detail in the covered contract. To the maximum extent 
        practicable, such data shall be shared with appropriate 
        contractor and government organizations.
            ``(4) Notification.--The Secretary of Defense shall notify 
        the congressional defense committees upon entering into a 
        covered contract that includes incentive fees or penalties 
        authorized in paragraph (2).

    ``(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, including embedded software; or
            ``(2) for the production of a weapon system, including 
        embedded software.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of subchapter I of such chapter, as amended by section 
        832, <<NOTE: 10 USC 2430 prec.>>  is further amended by adding 
        at the end the following new item:

``2443. Sustainment factors in weapon system design.''.

    (b) <<NOTE: 10 USC 2443 note.>>  Effective Date for Certain 
Provisions.--Subsections (c) and (d) of section 2443 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) <<NOTE: 10 USC 2443 note.>>  Engineering Change Authorized.--
Subject to the availability of appropriations, the Secretary of Defense 
may fund 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.
SEC. 835. 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.--

[[Page 131 STAT. 1471]]

            (1) Requirement.--Chapter 144 of title 10, United States 
        Code, is amended by inserting after section 2438 the following 
        new section:
``Sec. 2439. <<NOTE: 10 USC 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 <<NOTE: 100 USC 2430 prec.>>  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) <<NOTE: 10 USC 2439 note.>>  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) <<NOTE: 10 USC 2366b note.>>  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

[[Page 131 STAT. 1472]]

negotiated licenses to acquire customized technical data appropriate for 
the particular elements of the product support strategy.''.
SEC. 836. 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:
``Sec. 2337a. <<NOTE: 10 USC 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

[[Page 131 STAT. 1473]]

        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 <<NOTE: 10 USC 2301 
        prec.>>  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.''.

[[Page 131 STAT. 1474]]

SEC. 837. <<NOTE: 10 USC 2337a note.>>  SHOULD-COST MANAGEMENT.

    (a) Requirement for Regulations.--Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense shall amend 
the Defense Supplement to the Federal Acquisition Regulation to provide 
for the appropriate use of the should-cost review process of a major 
weapon system in a manner that is transparent, objective, and provides 
for the efficiency of the systems acquisition process in the Department 
of the Defense.
    (b) Required Elements.--The regulations required under subsection 
(a) shall incorporate, at a minimum, the following elements:
            (1) A description of the features of the should-cost review 
        process.
            (2) Establishment of a process for communicating with the 
        prime contractor on the program the elements of a proposed 
        should-cost review.
            (3) A method for ensuring that identified should-cost 
        savings opportunities are based on accurate, complete, and 
        current information and can be quantified and tracked.
            (4) A description of the training, skills, and experience 
        that Department of Defense and contractor officials carrying out 
        a should-cost review in subsection (a) should possess.
            (5) A method for ensuring appropriate collaboration with the 
        contractor throughout the review process.
            (6) Establishment of review process requirements that 
        provide for sufficient analysis and minimize any impact on 
        program schedule.
SEC. 838. 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 and methodologies.''.
            (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 and 
        methodologies.''.
            (3) <<NOTE: 10 USC 2366b note.>>  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

[[Page 131 STAT. 1475]]

                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) <<NOTE: 10 USC 2366b.>>  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.--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 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.
SEC. 839. <<NOTE: 10 USC 2399 note.>>  ENHANCEMENTS TO 
                        TRANSPARENCY IN TEST AND EVALUATION 
                        PROCESSES AND DATA.

    (a) Additional Test and Evaluation Duties of Military Secretaries 
and Defense Agency Heads.--

[[Page 131 STAT. 1476]]

            (1) Report on comparison of operational test and evaluation 
        results to legacy items or components.--Concurrent with the 
        submission of a report required under section 2399(b)(2) of 
        title 10, United States Code, the Secretary of a military 
        department or the head of a Defense Agency may provide to the 
        congressional defense committees and the Secretary of Defense a 
        report describing of the performance of the items or components 
        evaluated as part of the operational test and evaluation for 
        each major defense acquisition program conducted under such 
        section by the Director of Operational Test and Evaluation in 
        relation to comparable legacy items or components, if such items 
        or components exist and relevant data are available without 
        requiring additional testing.
            (2) Additional report on operational test and evaluation 
        activities.--Within 45 days after the submission of an annual 
        report required by section 139(h) of title 10, United States 
        Code, the Secretaries of the military departments may each 
        submit to the congressional defense committees a report 
        addressing any concerns related to information included in the 
        annual report, or providing updated or additional information, 
        as appropriate.

    (b) Requirements 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 and subject to paragraph (2), the 
        Director of Operational Test and Evaluation, the senior official 
        of the Department of Defense with responsibility for 
        developmental testing, and the Director of the Test Resource 
        Management Center shall jointly develop policies, procedures, 
        guidance, and a method to collect data that ensures that 
        consistent and 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.
            (2) Concurrence and coordination required.--Before 
        implementing the policies, procedures, guidance, and method 
        developed under paragraph (1), the Director of Operational Test 
        and Evaluation, the senior official of the Department of Defense 
        with responsibility for developmental testing, and the Director 
        of the Test Resource Management Center shall--
                    (A) obtain the concurrence of the Director for Cost 
                Assessment and Program Evaluation; and
                    (B) coordinate with the Secretaries of the military 
                departments.
            (3) Data requirements.--
                    (A) Electronic database.--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 or another appropriate official of 
                the Department of Defense, and shall be made available 
                for analysis by testing, acquisition, and other 
                appropriate officials of the Department of Defense, as 
                determined by the Director of Operational Test and 
                Evaluation, the senior official of the Department of 
                Defense with responsibility for developmental testing, 
                or the Director of the Test Resource Management Center.

[[Page 131 STAT. 1477]]

                    (B) Diaggregation by costs.--To the maximum extent 
                practicable, data collected under this subsection shall 
                be set forth separately by costs for developmental 
                testing, operational testing, and training.

    (c) 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.

        Subtitle D--Provisions Relating to Acquisition Workforce

SEC. 841. ENHANCEMENTS TO THE CIVILIAN PROGRAM MANAGEMENT 
                        WORKFORCE.

    (a) <<NOTE: 10 USC 1722b note.>>  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.

[[Page 131 STAT. 1478]]

                    (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, bonuses, or pay banding.
                    (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

[[Page 131 STAT. 1479]]

        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. 842. CREDITS TO DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE 
                        DEVELOPMENT FUND.

    Section 1705(d)(2)(D) of title 10, United States Code, is amended to 
read as follows:
            ``(D) The Secretary of Defense may adjust the amount 
        specified in subparagraph (C) for a fiscal year if the Secretary 
        determines that the amount is greater or less than reasonably 
        needed for purposes of the Fund for such fiscal year. The 
        Secretary may not adjust the amount for a fiscal year to an 
        amount that is more than $600,000,000 or less than 
        $400,000,000.''.

[[Page 131 STAT. 1480]]

SEC. 843. 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) <<NOTE: 10 USC 1705 note.>>  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 and metrics on its use 
                of hiring and retention flexibilities for the civilian 
                acquisition workforce to strategically manage the use of 
                such flexibilities.

[[Page 131 STAT. 1481]]

                    (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, 
                other industry training programs, including fellowships, 
                and training and education programs at educational 
                institutions outside of the Defense Acquisition 
                University 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:

[[Page 131 STAT. 1482]]

                    (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.
SEC. 844. 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) Increase in Limit on Number of Participants.--Section 1762(c) of 
title 10, United States Code, is amended by striking ``the demonstration 
project under this section may not exceed 120,000'' and inserting ``at 
any one time the demonstration project under this section may not exceed 
130,000''.
    (c) 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.

[[Page 131 STAT. 1483]]

                    (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).

           Subtitle E--Provisions Relating to Commercial Items

SEC. 846. <<NOTE: 41 USC 1901 note.>> PROCUREMENT THROUGH 
                        COMMERCIAL E-COMMERCE PORTALS.

    (a) Establishment of Program.--The Administrator shall establish a 
program to procure commercial products through commercial e-commerce 
portals for purposes of enhancing competition, expediting procurement, 
enabling market research, and ensuring reasonable pricing of commercial 
products. The Administrator shall carry out the program in accordance 
with this section, through multiple contracts with multiple commercial 
e-commerce portal providers, and shall design the program to be 
implemented in phases with the objective of enabling Government-wide use 
of such portals.
    (b) Use of Program.--The head of a department or agency may procure, 
as appropriate, commercial products for the department or agency using 
the program established pursuant to subsection (a).
    (c) Implementation and Reporting Requirements.--The Director of the 
Office of Management and Budget, in consultation with the Administrator 
and the heads of other relevant departments and agencies, shall carry 
out the implementation phases set forth in, and submit to the 
appropriate congressional committees the items of information required 
by, the following paragraphs:
            (1) Phase i: implementation plan.--Not later than 90 days 
        after the date of the enactment of this Act, an implementation 
        plan and schedule for carrying out the program established 
        pursuant to subsection (a), including a discussion and 
        recommendations regarding whether any changes to, or exemptions 
        from, laws that set forth policies, procedures, requirements, or 
        restrictions for the procurement of property or services by the 
        Federal Government are necessary for effective implementation of 
        this section.
            (2) Phase ii: market analysis and consultation.--Not later 
        than one year after the date of the submission of the 
        implementation plan and schedule required under paragraph (1), 
        recommendations for any changes to, or exemptions from, laws 
        necessary for effective implementation of this section, and 
        information on the results of the following actions:
                    (A) Market analysis and initial communications with 
                potential commercial e-commerce portal providers on 
                technical considerations of how the portals function 
                (including the use of standard terms and conditions of 
                the portals by the Government), the degree of 
                customization that can occur without creating a 
                Government-unique portal, the

[[Page 131 STAT. 1484]]

                measures necessary to address the considerations for 
                supplier and product screening specified in subsection 
                (e), security of data, considerations pertaining to 
                nontraditional Government contractors, and potential 
                fees, if any, to be charged by the Administrator, the 
                portal provider, or the suppliers for participation in 
                the program established pursuant to subsection (a).
                    (B) Consultation with affected departments and 
                agencies about their unique procurement needs, such as 
                supply chain risks for health care products, information 
                technology, software, or any other category determined 
                necessary by the Administrator.
                    (C) An assessment of the products or product 
                categories that are suitable for purchase on the 
                commercial e-commerce portals.
                    (D) An assessment of the precautions necessary to 
                safeguard any information pertaining to the Federal 
                Government, especially precautions necessary to protect 
                against national security or cybersecurity threats.
                    (E) A review of standard terms and conditions of 
                commercial e-commerce portals in the context of 
                Government requirements.
                    (F) An assessment of the impact on existing 
                programs, including schedules, set-asides for small 
                business concerns, and other preference programs.
            (3) Phase iii: program implementation guidance.--Not later 
        than two years after the date of the submission of the 
        implementation plan and schedule required under paragraph (1), 
        guidance to implement and govern the use of the program 
        established pursuant to subsection (a), including protocols for 
        oversight of procurement through the program, and compliance 
        with laws pertaining to supplier and product screening 
        requirements, data security, and data analytics.
            (4) Additional implementation phases.--A description of 
        additional implementation phases, as determined by the 
        Administrator, that includes a selection of agencies to 
        participate in any such additional implementation phase (which 
        may include the award of contracts to multiple commercial e-
        commerce portal providers).

    (d) Considerations for Commercial e-commerce Portals.--The 
Administrator shall consider commercial e-commerce portals for use under 
the program established pursuant to subsection (a) that are widely used 
in the private sector and have or can be configured to have features 
that facilitate the execution of program objectives, including features 
related to supplier and product selection that are frequently updated, 
an assortment of product and supplier reviews, invoicing payment, and 
customer service.
    (e) Information on Suppliers, Products, and Purchases.--
            (1) Supplier participation and product screening.--The 
        Administrator shall provide or ensure electronic availability to 
        a commercial e-commerce portal provider awarded a contract 
        pursuant to subsection (a) on a periodic basis information 
        necessary to ensure compliance with laws pertaining to supplier 
        and product screening as identified during implementation phase 
        III, as described in subsection (c)(3).
            (2) Provision of order information.--The Administrator shall 
        require each commercial e-commerce portal provider

[[Page 131 STAT. 1485]]

        awarded a contract pursuant to subsection (a) to provide order 
        information as determined by the Administrator during 
        implementation phase II, as described in subsection (c)(2).

    (f) Relationship to Other Provisions of Law.--
            (1) All laws, including laws that set forth policies, 
        procedures, requirements, or restrictions for the procurement of 
        property or services by the Federal Government, apply to the 
        program established pursuant to subsection (a) unless otherwise 
        provided in this section.
            (2) A procurement of a product made through a commercial e-
        commerce portal under the program established pursuant to 
        subsection (a) 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.
            (3) Nothing in this section shall be construed as limiting 
        the authority of a department or agency to restrict competition 
        to small business concerns.
            (4) Nothing in this section shall be construed as limiting 
        the applicability of section 1341 of title 31, United States 
        Code (popularly referred to as the Anti-Deficiency Act).

    (g) Use of Commercial Practices and Standard Terms and Conditions.--
A procurement of a product through a commercial e-commerce portal used 
under the program established pursuant to subsection (a) shall be made, 
to the maximum extent practicable, under the standard terms and 
conditions of the portal relating to purchasing on the portal.
    (h) Disclosure, Protection, and Use of Information.--In any contract 
awarded to a commercial e-commerce portal provider pursuant to 
subsection (a), the Administrator shall require that the provider--
            (1) agree not to sell or otherwise make available to any 
        third party any information pertaining to a product ordered by 
        the Federal Government through the commercial e-commerce portal 
        in a manner that identifies the Federal Government, or any of 
        its departments or agencies, as the purchaser, except if the 
        information is needed to process or deliver an order or the 
        Administrator provides written consent;
            (2) agree to take the necessary precautions to safeguard any 
        information pertaining to the Federal Government, especially 
        precautions necessary to protect against national security or 
        cybersecurity threats; and
            (3) agree not to use, for pricing, marketing, competitive, 
        or other purposes, any information related to a product from a 
        third-party supplier featured on the commercial e-commerce 
        portal or the transaction of such a product, except as necessary 
        to comply with the requirements of the program established 
        pursuant to subsection (a).

    (i) Simplified Acquisition Threshold.--A procurement through a 
commercial e-commerce portal used under the program established pursuant 
to subsection (a) shall not exceed the simplified acquisition threshold 
in section 134 of title 41, United States Code.
    (j) Comptroller General Assessments.--
            (1) Assessment of implementation plan.--Not later than 90 
        days after the Director of the Office of Management and

[[Page 131 STAT. 1486]]

        Budget submits the implementation plan described in subsection 
        (c)(1) to the appropriate congressional committees, the 
        Comptroller General of the United States shall submit to the 
        appropriate congressional committees an assessment of the plan, 
        including any other matters the Comptroller General considers 
        relevant to the plan.
            (2) Assessment of program implementation.--Not later than 
        three years after the first contract with a commercial e-
        commerce portal provider is awarded pursuant to subsection (a), 
        the Comptroller General of the United States shall submit to the 
        appropriate congressional committees a report on the challenges 
        and benefits the General Services Administration and 
        participating departments and agencies observe regarding 
        implementation of the program established pursuant to subsection 
        (a). The report shall include the following elements:
                    (A) A description of the acquisition of the 
                commercial e-commerce portals (including the extent to 
                which the portals had to be configured or otherwise 
                modified to meet the needs of the program) costs, and 
                the implementation schedule.
                    (B) A description of participation by suppliers, 
                with particular attention to those described under 
                subsection (e), that have registered or that have sold 
                goods with at least one commercial e-commerce portal 
                provider, including numbers, categories, and trends.
                    (C) The effect, if any, of the program on the 
                ability of agencies to meet goals established for 
                suppliers and products described under subsection (e), 
                including goals established under section 15(g) of the 
                Small Business Act (15 U.S.C. 644(g)).
                    (D) A discussion of the limitations, if any, to 
                participation by suppliers in the program.
                    (E) Any other matters the Comptroller General 
                considers relevant to report.

    (k) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of General Services.
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means 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.
            (3) Commercial e-commerce portal.--The term ``commercial e-
        commerce portal'' means a commercial solution providing for the 
        purchase of commercial products aggregated, distributed, sold, 
        or manufactured via an online portal. The term does not include 
        an online portal managed by the Government for, or predominantly 
        for use by, Government agencies.
            (4) Commercial product.--The term ``commercial product'' 
        means a commercially available off-the-shelf item, as defined

[[Page 131 STAT. 1487]]

        in section 104 of title 41, United States Code, except the term 
        does not include services.
            (5) 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. 847. REVISION TO DEFINITION OF COMMERCIAL ITEM.

    (a) In General.--Section 103(8) of title 41, United States Code, is 
amended by inserting before the period at the end the following: ``or to 
multiple foreign governments''.
    (b) <<NOTE: 41 USC 103 note.>> Effect on Section 2464 of Title 10.--
Nothing in the amendment made by subsection (a) shall affect the meaning 
of the term ``commercial item'' for purposes of subsection (a)(5) of 
section 2464 of title 10, United States Code, or any requirement under 
subsection (a)(3) or subsection (c) of such section.
SEC. 848. COMMERCIAL ITEM DETERMINATIONS.

    Section 2380 of title 10, United States Code, is amended--
            (1) by striking ``The Secretary'' and inserting ``(a) In 
        General.--The Secretary''; and
            (2) by adding at the end the following new subsection:

    ``(b) Items Previously Acquired Using Commercial Item Acquisition 
Procedures.--
            ``(1) Determinations.--A contract for an item acquired using 
        commercial item acquisition procedures under part 12 of the 
        Federal Acquisition Regulation shall serve as a prior commercial 
        item determination with respect to such item for purposes of 
        this chapter unless the senior procurement executive of the 
        military department or the Department of Defense as designated 
        for purposes of section 1702(c) of title 41 determines in 
        writing that it is no longer appropriate to acquire the item 
        using commercial item acquisition procedures.
            ``(2) Limitation.--(A) Except as provided under subparagraph 
        (B), funds appropriated or otherwise made available to the 
        Department of Defense may not be used for the procurement under 
        part 15 of the Federal Acquisition Regulation of an item that 
        was previously acquired under a contract using commercial item 
        acquisition procedures under part 12 of the Federal Acquisition 
        Regulation.
            ``(B) The limitation under subparagraph (A) does not apply 
        to the procurement of an item that was previously acquired using 
        commercial item acquisition procedures under part 12 of the 
        Federal Acquisition Regulation following--
                    ``(i) a written determination by the head of 
                contracting activity pursuant to section 2306a(b)(4)(B) 
                of this title that the use of such procedures was 
                improper; or
                    ``(ii) a written determination by the senior 
                procurement executive of the military department or the 
                Department of Defense as designated for purposes of 
                section 1702(c) of title 41 that it is no longer 
                appropriate to acquire the item using such 
                procedures.''.
SEC. 849. REVIEW OF REGULATIONS ON COMMERCIAL ITEMS.

    (a) Review of Determinations Not to Exempt Department of Defense 
Contracts for Commercial Items and Commercially Available Off-the-shelf 
Items From Certain Laws and Regulations.--Not later than one year after 
the date of the enactment of this Act, the Secretary of Defense shall--

[[Page 131 STAT. 1488]]

            (1) review each determination of the Federal Acquisition 
        Regulatory Council pursuant to section 1906(b)(2), section 
        1906(c)(3), or section 1907(a)(2) of title 41, United States 
        Code, not to exempt contracts and subcontracts described in 
        subsection (a) of section 2375 of title 10, United States Code, 
        from laws such contracts and subcontracts would otherwise be 
        exempt from under section 1906(d) of title 41, United States 
        Code; and
            (2) propose revisions to the Department of Defense 
        Supplement to the Federal Acquisition Regulation to provide an 
        exemption from each law subject to such determination unless the 
        Secretary determines there is a specific reason not to provide 
        the exemption.

    (b) Review of Certain Contract Clause Requirements Applicable to 
Commercial Item Contracts.--Not later than one year after the date of 
the enactment of this Act, the Secretary of Defense shall--
            (1) review the Department of Defense Supplement to the 
        Federal Acquisition Regulation to assess all regulations that 
        require a specific contract clause for a contract using 
        commercial item acquisition procedures under part 12 of the 
        Federal Acquisition Regulation, except for regulations required 
        by law or Executive order; and
            (2) propose revisions to the Department of Defense 
        Supplement to the Federal Acquisition Regulation to eliminate 
        regulations reviewed under paragraph (1) unless the Secretary 
        determines on a case-by-case basis that there is a specific 
        reason not to eliminate the regulation.

    (c) Elimination of Certain Contract Clause Regulations Applicable to 
Commercially Available Off-the-shelf Item Subcontracts.--Not later than 
one year after the date of the enactment of this Act, the Secretary of 
Defense shall--
            (1) review the Department of Defense Supplement to the 
        Federal Acquisition Regulation to assess all regulations that 
        require a prime contractor to include a specific contract clause 
        in a subcontract for commercially available off-the-shelf items 
        unless the inclusion of such clause is required by law or 
        Executive order; and
            (2) propose revisions to the Department of Defense 
        Supplement to the Federal Acquisition Regulation to eliminate 
        regulations reviewed under paragraph (1) unless the Secretary 
        determines on a case-by-case basis that there is a specific 
        reason not to eliminate the regulation.
SEC. 850. <<NOTE: 10 USC 1746 note.>> TRAINING IN COMMERCIAL ITEMS 
                        PROCUREMENT.

    (a) Training.--Not later than one year after the date of the 
enactment of this Act, the President of the Defense Acquisition 
University shall establish a comprehensive training program on part 12 
of the Federal Acquisition Regulation. The training shall cover, at a 
minimum, the following topics:
            (1) The origin of part 12 and the congressional mandate to 
        prefer commercial procurements.
            (2) The definition of a commercial item, with a particular 
        focus on the ``of a type'' concept.
            (3) Price analysis and negotiations.
            (4) Market research and analysis.
            (5) Independent cost estimates.

[[Page 131 STAT. 1489]]

            (6) Parametric estimating methods.
            (7) Value analysis.
            (8) Best practices in pricing from commercial sector 
        organizations, foreign government organizations, and other 
        Federal, State, and local public sectors organizations.
            (9) Other topics on commercial procurements necessary to 
        ensure a well-educated acquisition workforce.

    (b) Enrollments Goals.--The President of the Defense Acquisition 
University shall set goals for student enrollment for the comprehensive 
training program established under subsection (a).
    (c) Supporting Activities.--The Secretary of Defense shall, in 
support of the achievement of the goals of this section--
            (1) engage academic experts on research topics of interest 
        to improve commercial item identification and pricing 
        methodologies; and
            (2) facilitate exchange and interface opportunities between 
        government personnel to increase awareness of best practices and 
        challenges in commercial item identification and pricing.

    (d) Funding.--The Secretary of Defense shall use amounts available 
in the Department of Defense Acquisition Workforce Development Fund 
established under section 1705 of title 10, United States Code, to fund 
the comprehensive training program established under subsection (a).

         Subtitle F--Provisions Relating to Services Contracting

SEC. 851. 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:
``Sec. 2329. <<NOTE: 10 USC 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--

[[Page 131 STAT. 1490]]

            ``(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

[[Page 131 STAT. 1491]]

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, or disaster relief;
            ``(2) services contracts in support of a national security 
        emergency declared with respect to a named operation; or
            ``(3) 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

[[Page 131 STAT. 1492]]

        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 <<NOTE: 10 USC 2301 prec.>> is amended 
        by inserting after the item relating to section 2328 the 
        following new item:

``2329. Procurement of services: data analysis and requirements 
           validation.''.

SEC. 852. <<NOTE: 10 USC 2329 note.>> 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.
    (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. 853. REPORT ON OUTCOME-BASED SERVICES CONTRACTS.

    Not later than April 1, 2018, the Secretary of Defense shall submit 
to the Committees on Armed Services of the Senate and House of 
Representatives a report on the merits of using outcome-based services 
contracts within the Department of Defense. Such report shall include a 
comparison of the use of outcome-based services contracts by the 
Department of Defense compared to input-based services contracts, the 
limitations of outcome-based services contracts, and an analysis of the 
cost implications of both approaches.
SEC. 854. <<NOTE: 10 USC 2306c note.>> PILOT PROGRAM FOR LONGER 
                        TERM MULTIYEAR SERVICE CONTRACTS.

    (a) Establishment.--The Secretary of Defense shall carry out a pilot 
program under which the Secretary may use the authority under subsection 
(a) of section 2306c of title 10, United States Code, to enter into up 
to five contracts for periods of not more than 10 years for services 
described in subsection (b) of such section. Each contract entered into 
pursuant to this subsection may be extended for up to five additional 
one-year terms.
    (b) Study.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Secretary of Defense shall enter 
        into an agreement with an independent organization with relevant 
        expertise to study best practices and lessons learned from using 
        services contracts for periods longer than five years by 
        commercial companies, foreign governments, and State 
        governments, as well as service contracts for periods

[[Page 131 STAT. 1493]]

        longer than five years used by the Federal Government, such as 
        energy savings performance contracts (as defined in section to 
        section 804(3) of the National Energy Conservation Policy Act 
        (42 U.S.C. 8287c(3)).
            (2) Report.--Not later than one year after the date of the 
        enactment of this Act, the Secretary of Defense shall submit to 
        the congressional defense committees a report on the study 
        conducted under paragraph (1).

    (c) Comptroller General Report.--Not later than five years after the 
date of the enactment of this Act, the Comptroller General of the United 
States shall submit to the congressional defense committees a report on 
the pilot program carried out under this section.

   Subtitle G--Provisions Relating to Other Transaction Authority and 
                               Prototyping

SEC. 861. CONTRACT AUTHORITY FOR ADVANCED DEVELOPMENT OF INITIAL 
                        OR ADDITIONAL PROTOTYPE UNITS.

    (a) Permanent Authority.--
            (1) In general.--Chapter 137 of title 10, United States 
        Code, is amended by inserting after section 2302d the following 
        new section:
``Sec. 2302e. <<NOTE: 10 USC 2302e.>> Contract authority for 
                    advanced development of initial or additional 
                    prototype units

    ``(a) Authority.--A contract initially awarded from the competitive 
selection of a proposal resulting from a general solicitation referred 
to in section 2302(2)(B) of this title may contain a contract line item 
or contract option for--
            ``(1) the provision of advanced component development, 
        prototype, or initial production of technology developed under 
        the contract; or
            ``(2) the delivery of initial or additional items if the 
        item or a prototype thereof is created as the result of work 
        performed under the contract.

    ``(b) Limitations.--
            ``(1) Minimal amount.--A contract line item or contract 
        option described in subsection (a)(2) shall require the delivery 
        of the minimal amount of initial or additional items to allow 
        for the timely competitive solicitation and award of a follow-on 
        development or production contract for those items.
            ``(2) Term.--A contract line item or contract option 
        described in subsection (a) shall be for a term of not more than 
        2 years.
            ``(3) Dollar value of work.--The dollar value of the work to 
        be performed pursuant to a contract line item or contract option 
        described in subsection (a) may not exceed $100,000,000, in 
        fiscal year 2017 constant dollars.
            ``(4) Applicability.--The authority provided in subsection 
        (a) applies only to the Secretary of Defense, the Secretary of 
        the Army, the Secretary of the Navy, and the Secretary of the 
        Air Force.''.

[[Page 131 STAT. 1494]]

            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter <<NOTE: 10 USC 2301 prec.>> is amended 
        by inserting after the item relating to section 2302d the 
        following new item:

``2302e. Contract authority for advanced development of initial or 
           additional prototype units.''.

    (b) Repeal of Obsolete Authority.--Section 819 of the National 
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 10 
U.S.C. 2302 note) is hereby repealed.
SEC. 862. METHODS FOR ENTERING INTO RESEARCH AGREEMENTS.

    Section 2358(b) of title 10, United States Code, is amended--
            (1) in paragraph (3), by striking ``or'';
            (2) in paragraph (4), by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following new paragraphs:
            ``(5) by transactions (other than contracts, cooperative 
        agreements, and grants) entered into pursuant to section 2371 or 
        2371b of this title; or
            ``(6) by purchases through procurement for experimental 
        purposes pursuant to section 2373 of this title.''.
SEC. 863. EDUCATION AND TRAINING FOR TRANSACTIONS OTHER THAN 
                        CONTRACTS AND GRANTS.

    Section 2371 of title 10, United States Code, is amended--
            (1) by redesignating subsection (g) as subsection (h); and
            (2) by inserting after subsection (f) the following new 
        subsection:

    ``(g) Education and Training.--The Secretary of Defense shall--
            ``(1) ensure that management, technical, and contracting 
        personnel of the Department of Defense involved in the award or 
        administration of transactions under this section or other 
        innovative forms of contracting are afforded opportunities for 
        adequate education and training; and
            ``(2) establish minimum levels and requirements for 
        continuous and experiential learning for such personnel, 
        including levels and requirements for acquisition certification 
        programs.''.
SEC. 864. OTHER TRANSACTION AUTHORITY FOR CERTAIN PROTOTYPE 
                        PROJECTS.

    (a) Expanded Authority for Prototype Projects.--Subsection (a)(2) of 
section 2371b of title 10, United States Code, is amended--
            (1) by striking ``for a prototype project'' each place such 
        term appears and inserting ``for a transaction (for a prototype 
        project)'';
            (2) in subparagraph (A)--
                    (A) by striking ``$50,000,000'' and inserting 
                ``$100,000,000''; and
                    (B) by striking ``$250,000,000'' and inserting 
                ``$500,000,000''; and
            (3) in subparagraph (B), by striking ``$250,000,000'' and 
        inserting ``$500,000,000''.

    (b) Clarification of Inclusion of Small Businesses Participating in 
SBIR or STTR.--Subparagraph (B) of section 2371b(d)(1) of title 10, 
United States Code, is amended by inserting ``(including small 
businesses participating in a program described under section

[[Page 131 STAT. 1495]]

9 of the Small Business Act (15 U.S.C. 638))'' after ``small 
businesses''.
    (c) Modification of Cost Sharing Requirement for Use of Other 
Transaction Authority.--Subparagraph (C) of such section is amended by 
striking ``provided by parties to the transaction'' and inserting 
``provided by sources other than''.
    (d) Use of Other Transaction Authority for Ongoing Prototype 
Projects.--Subsection (f)(1) of section 2371b of title 10, United States 
Code, is amended by adding at the end the following: ``A transaction 
includes all individual prototype subprojects awarded under the 
transaction to a consortium of United States industry and academic 
institutions.''.
SEC. 865. <<NOTE: 10 USC 2302 note.>> 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. 2302 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. 866. <<NOTE: 10 USC 2302 note.>> MIDDLE TIER OF ACQUISITION 
                        FOR RAPID PROTOTYPE AND RAPID FIELDING.

    Section 804(c)(2) of the National Defense Authorization Act for 
Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2302 note) is amended--
            (1) by striking subparagraph (C); and
            (2) by redesignating subparagraphs (D) and (E) as 
        subparagraphs (C) and (D), respectively.
SEC. 867. <<NOTE: 10 USC 2371 note.>> PREFERENCE FOR USE OF OTHER 
                        TRANSACTIONS AND EXPERIMENTAL AUTHORITY.

    In the execution of science and technology and prototyping programs, 
the Secretary of Defense shall establish a preference, to be applied in 
circumstances determined appropriate by the Secretary, for using 
transactions other than contracts, cooperative agreements, and grants 
entered into pursuant to sections 2371 and 2371b of title 10, United 
States Code, and authority for procurement for experimental purposes 
pursuant to section 2373 of title 10, United States Code.
SEC. 868. <<NOTE: 10 USC 2302 note.>> PROTOTYPE PROJECTS TO 
                        DIGITIZE DEFENSE ACQUISITION REGULATIONS, 
                        POLICIES, AND GUIDANCE, AND EMPOWER USER 
                        TAILORING OF ACQUISITION PROCESS.

    (a) In General.--The Secretary of Defense, acting through the Under 
Secretary of Defense for Research and Engineering, shall conduct 
development efforts to develop prototypes to digitize defense 
acquisition regulations, policies, and guidance and to develop a digital 
decision support tool that facilitates the ability of users to tailor 
programs in accordance with existing laws, regulations, and guidance.
    (b) Elements.--Under the prototype projects, the Secretary shall--
            (1) convert existing acquisition policies, guides, memos, 
        templates, and reports to an online, interactive digital format

[[Page 131 STAT. 1496]]

        to create a dynamic, integrated, and authoritative knowledge 
        environment for purposes of assisting program managers and the 
        acquisition workforce of the Department of Defense to navigate 
        the complex lifecycle for each major type of acquisition program 
        or activity of the Department;
            (2) as part of this digital environment, create a digital 
        decision support capability that uses decision trees and 
        tailored acquisition models to assist users to develop 
        strategies and facilitate coordination and approvals; and
            (3) as part of this environment, establish a foundational 
        data layer to enable advanced data analytics on the acquisition 
        enterprise of the Department, to include business process 
        reengineering to improve productivity.

    (c) Use of Prototypes in Acquisition Activities.--The Under 
Secretary of Defense for Research and Engineering shall encourage the 
use of these prototypes to model, develop, and test any procedures, 
policies, instructions, or other forms of direction and guidance that 
may be required to support acquisition training, practices, and policies 
of the Department of Defense.
    (d) Funding.--The Secretary may use the authority under section 
1705(e)(4)(B) of title 10, United States Code, to develop acquisition 
support prototypes and tools under this program.

         Subtitle H--Provisions Relating to Software Acquisition

SEC. 871. NONCOMMERCIAL COMPUTER SOFTWARE ACQUISITION 
                        CONSIDERATIONS.

    (a) In General.--
            (1) Requirement.--Chapter 137 of title 10, United States 
        Code, as amended by section 802, is further amended by inserting 
        after section 2322 the following new section:
``Sec. 2322a. <<NOTE: 10 USC 2322a.>> Requirement for 
                    consideration of certain matters during 
                    acquisition of noncommercial computer software

    ``(a) Consideration Required.--As part of any negotiation for the 
acquisition of noncommercial computer software, the Secretary of Defense 
shall ensure that such negotiations consider, to the maximum extent 
practicable, acquisition, at the appropriate time in the life cycle of 
the noncommercial computer software, of all software and related 
materials necessary--
            ``(1) to reproduce, build, or recompile the software from 
        original source code and required libraries;
            ``(2) to conduct required computer software testing; and
            ``(3) to deploy working computer software system binary 
        files on relevant system hardware.

    ``(b) Delivery of Software and Related Materials.--Any noncommercial 
computer software or related materials required to be delivered as a 
result of considerations in subsection (a) shall, to the extent 
appropriate as determined by the Secretary--
            ``(1) include computer software delivered in a useable, 
        digital format;
            ``(2) not rely on external or additional software code or 
        data, unless such software code or data is included in the items 
        to be delivered; and

[[Page 131 STAT. 1497]]

            ``(3) in the case of negotiated terms that do not allow for 
        the inclusion of dependent software code or data, sufficient 
        documentation to support maintenance and understanding of 
        interfaces and software revision history.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter <<NOTE: 10 USC 2301 prec.>> is amended 
        by adding after the item relating to section 2322, as added by 
        section 802, the following new item:

``2322a. Requirement for consideration of certain matters during 
           acquisition of noncommercial computer software.''.

    (b) <<NOTE: 10 USC 2322a note.>>  Guidance.--Not later than 180 days 
after the date of the enactment of this Act, the Secretary of Defense 
shall issue updated guidance to implement section 2322a of title 10, 
United States Code, as added by subsection (a).
SEC. 872. DEFENSE INNOVATION BOARD ANALYSIS OF SOFTWARE 
                        ACQUISITION REGULATIONS.

    (a) Study.--
            (1) In general.--Not later than 30 days after the date of 
        the enactment of this Act, the Secretary of Defense shall direct 
        the Defense Innovation Board to undertake a study on 
        streamlining software development and acquisition regulations.
            (2) Member participation.--The Chairman of the Defense 
        Innovation Board shall select appropriate members from the 
        membership of the Board to participate in the study, and may 
        recommend additional temporary members or contracted support 
        personnel to the Secretary of Defense for the purposes of the 
        study. In considering additional appointments to the study, the 
        Secretary of Defense shall ensure that members have significant 
        technical, legislative, or regulatory expertise and reflect 
        diverse experiences in the public and private sector.
            (3) Scope.--The study conducted pursuant to paragraph (1) 
        shall--
                    (A) review the acquisition regulations applicable 
                to, and organizational structures within, the Department 
                of Defense with a view toward streamlining and improving 
                the efficiency and effectiveness of software acquisition 
                in order to maintain defense technology advantage;
                    (B) review ongoing software development and 
                acquisition programs, including a cross section of 
                programs that offer a variety of application types, 
                functional communities, and scale, in order to identify 
                case studies of best and worst practices currently in 
                use within the Department of Defense;
                    (C) produce specific and detailed recommendations 
                for any legislation, including the amendment or repeal 
                of regulations, as well as non-legislative approaches, 
                that the members of the Board conducting the study 
                determine necessary to--
                          (i) streamline development and procurement of 
                      software;
                          (ii) adopt or adapt best practices from the 
                      private sector applicable to Government use;
                          (iii) promote rapid adoption of new 
                      technology;
                          (iv) improve the talent management of the 
                      software acquisition workforce, including by 
                      providing incentives

[[Page 131 STAT. 1498]]

                      for the recruitment and retention of such 
                      workforce within the Department of Defense;
                          (v) ensure continuing financial and ethical 
                      integrity in procurement; and
                          (vi) protect the best interests of the 
                      Department of Defense; and
                    (D) produce such additional recommendations for 
                legislation as such members consider appropriate.
            (4) Access to information.--The Secretary of Defense shall 
        provide the Defense Innovation Board with timely access to 
        appropriate information, data, resources, and analysis so that 
        the Board may conduct a thorough and independent analysis as 
        required under this subsection.

    (b) Reports.--
            (1) Interim reports.--Not later than 150 days after the date 
        of the enactment of this Act, the Secretary of Defense shall 
        submit a report to or brief the congressional defense committees 
        on the interim findings of the study conducted pursuant to 
        subsection (a). The Defense Innovation Board shall provide 
        regular updates to the Secretary of Defense and the 
        congressional defense committees for purposes of providing the 
        interim report.
            (2) Final report.--Not later than one year after the 
        Secretary of Defense directs the Defense Advisory Board to 
        conduct the study, the Board shall transmit a final report of 
        the study to the Secretary. Not later than 30 days after 
        receiving the final report, the Secretary of Defense shall 
        transmit the final report, together with such comments as the 
        Secretary determines appropriate, to the congressional defense 
        committees.
SEC. 873. <<NOTE: 10 USC 2223a note.>> PILOT PROGRAM TO USE AGILE 
                        OR ITERATIVE DEVELOPMENT METHODS TO TAILOR 
                        MAJOR SOFTWARE-INTENSIVE WARFIGHTING 
                        SYSTEMS AND DEFENSE BUSINESS SYSTEMS.

    (a) Pilot Program.--
            (1) In general.--Not later than 30 days after the date of 
        the enactment of this Act, the Secretary of Defense, in 
        consultation with the Secretaries of the military departments 
        and the chiefs of the armed forces, shall establish a pilot 
        program to tailor and simplify software development requirements 
        and methods for major software-intensive warfighting systems and 
        defense business systems.
            (2) Implementation plan for pilot program.--Not later than 
        120 days after the date of the enactment of this Act, the 
        Secretary of Defense, in consultation with the Secretaries of 
        the military departments and the chiefs of the armed forces, 
        shall develop a plan for implementing the pilot program required 
        under this subsection, including guidance for implementing the 
        program and for selecting systems for participation in the 
        program.
            (3) Selection of systems for pilot program.--
                    (A) The implementation plan shall require that 
                systems be selected as follows:
                          (i) For major software-intensive warfighting 
                      systems, one system per armed force and one 
                      defense-wide system, including at least one major 
                      defense

[[Page 131 STAT. 1499]]

                      acquisition program or major automated information 
                      system.
                          (ii) For defense business systems, not fewer 
                      than two systems and not greater than eight 
                      systems.
                    (B) In selecting systems for participation, the 
                Secretary shall prioritize systems as follows:
                          (i) For major software-intensive warfighting 
                      systems, systems that--
                                    (I) have identified software 
                                development as a high risk;
                                    (II) have experienced cost growth 
                                and schedule delay; and
                                    (III) did not deliver any 
                                operational capability within the prior 
                                calendar year.
                          (ii) For defense business systems, systems 
                      that--
                                    (I) have experienced cost growth and 
                                schedule delay;
                                    (II) did not deliver any operational 
                                capability within the prior calendar 
                                year; and
                                    (III) are underperforming other 
                                systems within a defense business system 
                                portfolio with similar user 
                                requirements.

    (b) Realignment Plans.--
            (1) In general.--Not later than 60 days after selecting a 
        system for the pilot program under subsection (a)(3), the 
        Secretary shall develop a plan for realigning the system by 
        breaking down the system into smaller increments using agile or 
        iterative development methods. The realignment plan shall 
        include a revised cost estimate that is lower than the cost 
        estimate for the system that was current as of the date of the 
        enactment of this Act.
            (2) Realignment execution.--Each increment for a realigned 
        system shall--
                    (A) be designed to deliver a meaningfully useful 
                capability within the first 180 days following 
                realignment;
                    (B) be designed to deliver subsequent meaningfully 
                useful capabilities in time periods of less than 180 
                days;
                    (C) incorporate multidisciplinary teams focused on 
                software production that prioritize user needs and 
                control of total cost of ownership;
                    (D) be staffed with highly qualified technically 
                trained staff and personnel with management and business 
                process expertise in leadership positions to support 
                requirements modification, acquisition strategy, and 
                program decisionmaking;
                    (E) ensure that the acquisition strategy for the 
                realigned system is broad enough to allow for proposals 
                of a service, system, modified business practice, 
                configuration of personnel, or combination thereof for 
                implementing the strategy;
                    (F) include periodic engagement with the user 
                community, as well as representation by the user 
                community in program management and software production 
                activity;
                    (G) ensure that the acquisition strategy for the 
                realigned system favors outcomes-based requirements 
                definition and capability as a service, including the 
                establishment of technical evaluation criteria as 
                outcomes to be

[[Page 131 STAT. 1500]]

                used to negotiate service-level agreements with vendors; 
                and
                    (H) consider options for termination of the 
                relationship with any vendor unable or unwilling to 
                offer terms that meet the requirements of this section.

    (c) Removal of Systems.--The Secretary may remove a system selected 
for the pilot program under subsection (a)(3) only after the Secretary 
submits to the Committees on Armed Services of the Senate and House of 
Representatives a written determination that indicates that the selected 
system has been unsuccessful in reducing cost or schedule growth, or is 
not meeting the overall needs of the pilot program.
    (d) Education and Training in Agile or Iterative Development 
Methods.--
            (1) Training requirement.--The Secretary shall ensure that 
        any personnel from the relevant organizations in each of the 
        military departments and Defense Agencies participating in the 
        pilot program, including organizations responsible for 
        engineering, budgeting, contracting, test and evaluation, 
        requirements validation, and certification and accreditation, 
        receive targeted training in agile or iterative development 
        methods, including the interim course required by section 891 of 
        this Act.
            (2) Support.--In carrying out the pilot program under 
        subsection (a), the Secretary shall ensure that personnel 
        participating in the program provide feedback to inform the 
        development of education and training curricula as required by 
        section 891.

    (e) Sunset.--The pilot program required under subsection (a) shall 
terminate on September 30, 2023. Any system selected under subsection 
(a)(3) for the pilot program shall continue after that date through the 
execution of its realignment plan.
    (f) Agile or Iterative Development Defined.--In this section, the 
term ``agile or iterative development'', with respect to software--
            (1) means acquisition pursuant to a method for delivering 
        multiple, rapid, incremental capabilities to the user for 
        operational use, evaluation, and feedback not exclusively linked 
        to any single, proprietary method or process; and
            (2) involves--
                    (A) the incremental development and fielding of 
                capabilities, commonly called ``spirals'', ``spins'', or 
                ``sprints'', which can be measured in a few weeks or 
                months; and
                    (B) continuous participation and collaboration by 
                users, testers, and requirements authorities.
SEC. 874. <<NOTE: 10 USC 2302 note.>> SOFTWARE DEVELOPMENT PILOT 
                        PROGRAM USING AGILE BEST PRACTICES.

    (a) In General.--Not later than 30 days after the date of the 
enactment of this Act, the Secretary of Defense shall identify no fewer 
than four and up to eight software development activities within the 
Department of Defense or military departments to be developed in a pilot 
program using agile acquisition methods.
    (b) Streamlined Processes.--Software development activities 
identified under subsection (a) shall be selected for the pilot program 
and developed without incorporation of the following contract or 
transaction requirements:

[[Page 131 STAT. 1501]]

            (1) Earned value management (EVM) or EVM-like reporting.
            (2) Development of integrated master schedule.
            (3) Development of integrated master plan.
            (4) Development of technical requirement document.
            (5) Development of systems requirement documents.
            (6) Use of information technology infrastructure library 
        agreements.
            (7) Use of software development life cycle (methodology).

    (c) Roles and Responsibilities.--
            (1) In general.--Selected activities shall include the 
        following roles and responsibilities:
                    (A) A program manager that is authorized to make all 
                programmatic decisions within the overarching activity 
                objectives, including resources, funding, personnel, and 
                contract or transaction termination recommendations.
                    (B) A product owner that reports directly to the 
                program manager and is responsible for the overall 
                design of the product, prioritization of roadmap 
                elements and interpretation of their acceptance 
                criteria, and prioritization of the list of all features 
                desired in the product.
                    (C) An engineering lead that reports directly to the 
                program manager and is responsible for the 
                implementation and operation of the software.
                    (D) A design lead that reports directly to the 
                program manager and is responsible for identifying, 
                communicating, and visualizing user needs through a 
                human-centered design process.
            (2) Qualifications.--The Secretary shall establish 
        qualifications for personnel filling the positions described in 
        paragraph (1) prior to their selection. The qualifications may 
        not include a positive education requirement and must be based 
        on technical expertise or experience in delivery of software 
        products, including agile concepts.
            (3) Coordination plan for testing and certification 
        organizations.--The program manager shall ensure the 
        availability of resources for test and certification 
        organizations support of iterative development processes.

    (d) Plan.--The Secretary of Defense shall develop a plan for each 
selected activity under the pilot program. The plan shall include the 
following elements:
            (1) Definition of a product vision, identifying a succinct, 
        clearly defined need the software will address.
            (2) Definition of a product road map, outlining a 
        noncontractual plan that identifies short-term and long-term 
        product goals and specific technology solutions to help meet 
        those goals and adjusts to mission and user needs at the product 
        owner's discretion.
            (3) The use of a broad agency announcement, other 
        transaction authority, or other rapid merit-based solicitation 
        procedure.
            (4) Identification of, and continuous engagement with, end 
        users.
            (5) Frequent and iterative end user validation of features 
        and usability consistent with the principles outlined in the 
        Digital Services Playbook of the U.S. Digital Service.

[[Page 131 STAT. 1502]]

            (6) Use of commercial best practices for advanced computing 
        systems, including, where applicable--
                    (A) Automated testing, integration, and deployment;
                    (B) compliance with applicable commercial 
                accessibility standards;
                    (C) capability to support modern versions of 
                multiple, common web browsers;
                    (D) capability to be viewable across commonly used 
                end user devices, including mobile devices; and
                    (E) built-in application monitoring.

    (e) Program Schedule.--The Secretary shall ensure that each selected 
activity includes--
            (1) award processes that take no longer than three months 
        after a requirement is identified;
            (2) planned frequent and iterative end user validation of 
        implemented features and their usability;
            (3) delivery of a functional prototype or minimally viable 
        product in three months or less from award; and
            (4) follow-on delivery of iterative development cycles no 
        longer than four weeks apart, including security testing and 
        configuration management as applicable.

    (f) Oversight Metrics.--The Secretary shall ensure that the selected 
activities--
            (1) use a modern tracking tool to execute requirements 
        backlog tracking; and
            (2) use agile development metrics that, at a minimum, 
        track--
                    (A) pace of work accomplishment;
                    (B) completeness of scope of testing activities 
                (such as code coverage, fault tolerance, and boundary 
                testing);
                    (C) product quality attributes (such as major and 
                minor defects and measures of key performance attributes 
                and quality attributes);
                    (D) delivery progress relative to the current 
                product roadmap; and
                    (E) goals for each iteration.

    (g) Restrictions.--
            (1) Use of funds.--No funds made available for the selected 
        activities may be expended on estimation or evaluation using 
        source lines of code methodologies.
            (2) Contract types.--The Secretary of Defense may not use 
        lowest price technically acceptable contracting methods or cost 
        plus contracts to carry out selected activities under this 
        section, and shall encourage the use of existing streamlined and 
        flexible contracting arrangements.

    (h) Reports.--
            (1) Software development activity commencement.--
                    (A) In general.--Not later than 30 days before the 
                commencement of a software development activity under 
                the pilot program under subsection (a), the Secretary 
                shall submit to the congressional defense committees a 
                report on the activity (in this subsection referred to 
                as a ``pilot activity'').
                    (B) Elements.--The report on a pilot activity under 
                this paragraph shall set forth a description of the 
                pilot activity, including the following information:
                          (i) The purpose of the pilot activity.

[[Page 131 STAT. 1503]]

                          (ii) The duration of the pilot activity.
                          (iii) The efficiencies and benefits 
                      anticipated to accrue to the Government under the 
                      pilot program.
            (2) Software development activity completion.--
                    (A) In general.--Not later than 60 days after the 
                completion of a pilot activity, the Secretary shall 
                submit to the congressional defense committees a report 
                on the pilot activity.
                    (B) Elements.--The report on a pilot activity under 
                this paragraph shall include the following elements:
                          (i) A description of results of the pilot 
                      activity.
                          (ii) Such recommendations for legislative or 
                      administrative action as the Secretary considers 
                      appropriate in light of the pilot activity.

    (i) Definitions.--In this section:
            (1) Agile acquisition.--The term ``agile acquisition'' means 
        acquisition using agile or iterative development.
            (2) Agile or iterative development.--The term ``agile or 
        iterative development'', with respect to software--
                    (A) means acquisition pursuant to a method for 
                delivering multiple, rapid, incremental capabilities to 
                the user for operational use, evaluation, and feedback 
                not exclusively linked to any single, proprietary method 
                or process; and
                    (B) involves--
                          (i) the incremental development and fielding 
                      of capabilities, commonly called ``spirals'', 
                      ``spins'', or ``sprints'', which can be measured 
                      in a few weeks or months; and
                          (ii) continuous participation and 
                      collaboration by users, testers, and requirements 
                      authorities.
SEC. 875. <<NOTE: 10 USC 2223 note.>> PILOT PROGRAM FOR OPEN 
                        SOURCE SOFTWARE.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall initiate for the 
Department of Defense the open source software pilot program established 
by the Office of Management and Budget Memorandum M-16-21 titled 
``Federal Source Code Policy: Achieving Efficiency, Transparency, and 
Innovation through Reusable and Open Source Software'' and dated August 
8, 2016.
    (b) Report to Congress.--Not later than 60 days after the date of 
the enactment of this Act, the Secretary of Defense shall provide a 
report to Congress with details of the plan of the Department of Defense 
to implement the pilot program required by subsection (a). Such plan 
shall include identifying candidate software programs, selection 
criteria, intellectual property and licensing issues, and other matters 
determined by the Secretary.
    (c) Comptroller General Report.--Not later than June 1, 2019, the 
Comptroller General of the United States shall provide a report to 
Congress on the implementation of the pilot program required by 
subsection (a) by the Secretary of Defense. The report shall address, at 
a minimum, the compliance of the Secretary with the requirements of the 
Office of Management and Budget Memorandum M-16-21, the views of various 
software and information technology stakeholders in the Department of 
Defense, and any other matters determined by the Comptroller General.

[[Page 131 STAT. 1504]]

                        Subtitle I--Other Matters

SEC. 881. 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) <<NOTE: 10 USC 2922 note.>>  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. 882. 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. 883. 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).''.

[[Page 131 STAT. 1505]]

    (c) Technical Amendment.--Subsection (d) of such section is amended 
by striking ``resources,,'' and inserting ``resources,''.
SEC. 884. REPEAL OF EXPIRED PILOT PROGRAM FOR LEASING COMMERCIAL 
                        UTILITY CARGO VEHICLES.

    Section 807(c) of the National Defense Authorization Act for Fiscal 
Year 1996 (Public Law 104-106; 10 U.S.C. 2401a note) is repealed.
SEC. 885. EXCEPTION FOR BUSINESS OPERATIONS FROM REQUIREMENT TO 
                        ACCEPT $1 COINS.

    (a) In General.--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 with 
        any nonappropriated fund instrumentality established under title 
        10, United States Code.''.

    (b) Conforming Amendment.--Such paragraph is further amended--
            (1) by striking ``and all entities that operate any 
        business, including vending machines, on any premises owned by 
        the United States or under the control of any agency or 
        instrumentality of the United States, including the legislative 
        and judicial branches of the Federal Government,''; and
            (2) by inserting ``and'' before ``all transit systems''.

    (c) Technical Amendment.--Subparagraph (B) of such paragraph is 
amended by striking ``displays'' and inserting ``display''.
SEC. 886. <<NOTE: 10 USC 2302 note.>> DEVELOPMENT OF PROCUREMENT 
                        ADMINISTRATIVE LEAD TIME.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall develop, make 
available for public comment, and finalize--
            (1) a definition of the term ``Procurement Administrative 
        Lead Time'' or ``PALT'', to be applied Department of Defense-
        wide, that describes the amount of time from the date on which a 
        solicitation is issued to the date of an initial award of a 
        contract or task order of the Department of Defense; and
            (2) a plan for measuring and publicly reporting data on PALT 
        for Department of Defense contracts and task orders above the 
        simplified acquisition threshold.

    (b) Requirement for Definition.--Unless the Secretary determines 
otherwise, the amount of time in the definition of PALT developed under 
subsection (a) shall--
            (1) begin on the date on which the initial solicitation is 
        issued for a contract or task order of the Department of Defense 
        by the Secretary of a military department or head of a Defense 
        Agency; and
            (2) end on the date of the award of the contract or task 
        order.

    (c) Coordination.--In developing the definition of PALT, the 
Secretary shall coordinate with--
            (1) the senior contracting official of each military 
        department and Defense Agency to determine the variations of the

[[Page 131 STAT. 1506]]

        definition in use across the Department of Defense and each 
        military department and Defense Agency; and
            (2) the Administrator of the General Services Administration 
        on modifying the existing data system of the Federal Government 
        to determine the date on which the initial solicitation is 
        issued.

    (d) Use of Existing Procurement Data Systems.--In developing the 
plan for measuring and publicly reporting data on PALT required by 
subsection (a), the Secretary shall, to the maximum extent practicable, 
rely on the information contained in the Federal procurement data system 
established pursuant to section 1122(a)(4) of title 41, United States 
Code, including any modifications to that system.
SEC. 887. <<NOTE: 22 USC 2761 note.>> NOTIONAL MILESTONES AND 
                        STANDARD TIMELINES FOR CONTRACTS FOR 
                        FOREIGN MILITARY SALES.

    (a) Establishment.--
            (1) In general.--The Secretary of Defense shall establish 
        specific notional milestones and standard timelines for the 
        Department of Defense to achieve such milestones in its 
        processing of a foreign military sale (as authorized under 
        chapter 2 of the Arms Export Control Act (22 U.S.C. 2761 et 
        seq.)). Such milestones and timelines--
                    (A) may vary depending on the complexity of the 
                foreign military sale; and
                    (B) shall cover the period beginning on the date of 
                receipt of a complete letter of request (as described in 
                chapter 5 of the Security Assistance Management Manual 
                of the Defense Security Cooperation Agency) 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.
            (2) Report.--Not later than 180 days after the date of the 
        enactment of this Act, the Secretary shall submit to the 
        appropriate committees of Congress a report describing the 
        milestones and timelines developed pursuant to paragraph (1) of 
        this section.

    (b) Submissions to Congress.--
            (1) Quarterly notification.--During the period beginning 180 
        days after the date of the enactment of this Act and ending on 
        December 31, 2021, the Secretary shall submit to the appropriate 
        committees of Congress, 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 has not met a standard timeline to achieve 
                a notional 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 appropriate committees of Congress a report that 
        summarizes--
                    (A) the number, set forth separately by dollar value 
                and notional milestone, of foreign military sales that 
                met

[[Page 131 STAT. 1507]]

                the standard timeline to achieve a notional milestone 
                established under subsection (a) during the preceding 
                fiscal year; and
                    (B) the number, set forth separately by dollar value 
                and notional milestone, of each foreign military sale 
                that did not meet the standard timeline to achieve a 
                notional milestone established under subsection (a), and 
                a description of any extenuating factors explaining why 
                such a sale did not achieve such milestone.

    (c) Definitions.--In this section--
            (1) 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); and
            (2) the term ``appropriate committees of Congress'' means--
                    (A) the Committee on Armed Services and the 
                Committee on Foreign Relations of the Senate; and
                    (B) the Committee on Armed Services and the 
                Committee on Foreign Affairs of the House of 
                Representatives.
SEC. 888. <<NOTE: 22 USC 9224 note.>> ASSESSMENT AND AUTHORITY TO 
                        TERMINATE OR PROHIBIT CONTRACTS FOR 
                        PROCUREMENT FROM CHINESE COMPANIES 
                        PROVIDING SUPPORT TO THE DEMOCRATIC 
                        PEOPLE'S REPUBLIC OF KOREA.

    (a) Assessment Required.--
            (1) In general.--The Secretary of Defense, in consultation 
        with the Secretary of State, the Secretary of the Treasury, and 
        the Director of National Intelligence, shall conduct an 
        assessment of trade between the People's Republic of China and 
        the Democratic People's Republic of Korea, including elements 
        deemed to be important to United States national security and 
        defense.
            (2) Elements.--The assessment required by paragraph (1) 
        shall--
                    (A) assess the composition of all trade between 
                China and the Democratic People's Republic of Korea, 
                including trade in goods and services;
                    (B) identify whether any Chinese commercial entities 
                that are engaged in such trade materially support 
                illicit activities on the part of North Korea;
                    (C) evaluate the extent to which the United States 
                Government procures goods or services from any 
                commercial entity identified under subparagraph (B);
                    (D) provide a list of commercial entities identified 
                under subparagraph (B) that provide defense goods or 
                services for the Department of Defense; and
                    (E) evaluate the ramifications to United States 
                national security, including any impacts to the defense 
                industrial base, Department of Defense acquisition 
                programs, and Department of Defense logistics or supply 
                chains, of prohibiting procurements from commercial 
                entities listed under subparagraph (D).
            (3) Report.--Not later than 180 days after the date of the 
        enactment of this Act, the Secretary of Defense shall submit to 
        Congress a report on the assessment required by paragraph (1). 
        The report shall be submitted in unclassified form, but may 
        contain a classified annex.

[[Page 131 STAT. 1508]]

    (b) Authority.--The Secretary of Defense may terminate existing 
contracts or prohibit the award of contracts for the procurement of 
goods or services for the Department of Defense from a Chinese 
commercial entity included on the list described under subsection 
(a)(2)(D) based on a determination informed by the assessment required 
under subsection (a)(1).
    (c) Notification.--The Secretary of Defense shall submit to the 
appropriate committees of Congress a notification of, and detailed 
justification for, any exercise of the authority in subsection (b) not 
less than 30 days before the date on which the authority is exercised.
    (d) Appropriate Committees of Congress Defined.--In this section, 
the term ``appropriate committees of Congress'' means--
            (1) the Committee on Armed Services and the Committee on 
        Foreign Relations of the Senate; and
            (2) the Committee on Armed Services and the Committee on 
        Foreign Affairs of the House of Representatives.
SEC. 889. REPORT ON DEFENSE CONTRACTING FRAUD.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
congressional defense committees a report on defense contracting fraud.
    (b) Elements.--The report required under subsection (a) shall 
include the following elements:
            (1) A summary of fraud-related criminal convictions and 
        civil judgments or settlements over the previous five fiscal 
        years.
            (2) A listing of contractors that within the previous five 
        fiscal years performed contracts for the Department of Defense 
        and were debarred or suspended from Federal contracting based on 
        a criminal conviction for fraud.
            (3) An assessment of the total value of Department of 
        Defense contracts entered into during the previous five fiscal 
        years with contractors that have been indicted for, settled 
        charges of, been fined by any Federal department or agency for, 
        or been convicted of fraud in connection with any contract or 
        other transaction entered into with the Federal Government.
            (4) Recommendations by the Inspector General of the 
        Department of Defense or other appropriate Department of Defense 
        official regarding how to penalize contractors repeatedly 
        involved in fraud in connection with contracts or other 
        transactions entered into with the Federal Government, including 
        an update on implementation by the Department of any previous 
        such recommendations.
SEC. 890. COMPTROLLER GENERAL REPORT ON CONTRACTOR BUSINESS SYSTEM 
                        REQUIREMENTS.

    (a) Evaluation.--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 evaluating the 
implementation and effectiveness of the program for the improvement of 
contractor business systems established pursuant to section 893 of the 
Ike Skelton National Defense Authorization Act for Fiscal Year 2011 
(Public Law 111-383; 10 U.S.C. 2302 note). The report shall--
            (1) describe how the requirements of such program were 
        implemented, including the roles and responsibilities of 
        relevant

[[Page 131 STAT. 1509]]

        Defense Agencies and known costs to the Federal Government and 
        covered contractors;
            (2) analyze the extent to which implementation of such 
        program has affected, if at all, covered contractor performance 
        or the management and oversight of covered contracts of the 
        Department of Defense;
            (3) assess how the amendments to contractor business system 
        requirements made by section 893 of the National Defense 
        Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 
        Stat. 2324) were implemented, including--
                    (A) the effects of revising the definition of 
                ``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) and 
                the feasibility and the potential effects of further 
                increasing the percentage of the total gross revenue 
                included in the definition; and
                    (B) the extent to which third-party independent 
                auditors have conducted contractor business system 
                assessments pursuant to section 893(c) of the Ike 
                Skelton National Defense Authorization Act for Fiscal 
                Year 2011 (Public Law 111-383; 10 U.S.C. 2302 note);
            (4) identify any additional information or management 
        practices that could enhance the process for assessing 
        contractor business systems, particularly when covered 
        contractors have multiple covered contracts with the Department 
        of Defense; and
            (5) include any other matters the Comptroller General 
        determines to be relevant.

    (b) Contractor Business System Definitions.--In this section, the 
terms ``covered contractor'', ``covered contract'', and ``contractor 
business system'' have the meanings given in section 893 of the Ike 
Skelton National Defense Authorization Act for Fiscal Year 2011 (Public 
Law 111-383; 10 U.S.C. 2302 note).
SEC. 891. <<NOTE: 10 USC 1746 note.>> TRAINING ON AGILE OR 
                        ITERATIVE DEVELOPMENT METHODS.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense, in consultation with 
the President of the Defense Acquisition University, shall establish a 
training course at the Defense Acquisition University on agile or 
iterative development methods to provide training for personnel 
implementing and supporting the pilot programs required by sections 873 
and 874 of this Act.
    (b) Course Elements.--
            (1) In general.--The course shall be taught in residence at 
        the Defense Acquisition University and shall include the 
        following elements:
                    (A) Training designed to instill a common 
                understanding of all functional roles and dependencies 
                involved in developing and producing a capability using 
                agile or iterative development methods.
                    (B) An exercise involving teams composed of 
                personnel from pertinent functions and functional 
                organizations engaged in developing an integrated agile 
                or iterative development method for a specific program.

[[Page 131 STAT. 1510]]

                    (C) Instructors and content from non-governmental 
                entities, as appropriate, to highlight commercial best 
                practices in using an agile or iterative development 
                method.
            (2) Course updates.--The Secretary shall ensure that the 
        course is updated as needed, including through incorporating 
        lessons learned from the implementation of the pilot programs 
        required by sections 873 and 874 of this Act in subsequent 
        versions of the course.

    (c) Course Attendance.--The course shall be--
            (1) available for certified acquisition personnel working on 
        programs or projects using agile or iterative development 
        methods; and
            (2) mandatory for personnel participating in the pilot 
        programs required by sections 873 and 874 of this Act from the 
        relevant organizations in each of the military departments and 
        Defense Agencies, including organizations responsible for 
        engineering, budgeting, contracting, test and evaluation, 
        requirements validation, and certification and accreditation.

    (d) Agile Acquisition Support.--The Secretary and the senior 
acquisition executives in each of the military departments and Defense 
Agencies, in coordination with the Director of the Defense Digital 
Service, shall assign to offices supporting systems selected for 
participation in the pilot programs required by sections 873 and 874 of 
this Act a subject matter expert with knowledge of commercial agile 
acquisition methods and Department of Defense acquisition processes to 
provide assistance and to advise appropriate acquisition authorities of 
the expert's observations.
    (e) Agile Research Program.--The President of the Defense 
Acquisition University shall establish a research program to conduct 
research on and development of agile acquisition practices and tools 
best tailored to meet the mission needs of the Department of Defense.
    (f) Agile or Iterative Development Defined.--The term ``agile or 
iterative development'', with respect to software--
            (1) means acquisition pursuant to a method for delivering 
        multiple, rapid, incremental capabilities to the user for 
        operational use, evaluation, and feedback not exclusively linked 
        to any single, proprietary method or process; and
            (2) involves--
                    (A) the incremental development and fielding of 
                capabilities, commonly called ``spirals'', ``spins'', or 
                ``sprints'', which can be measured in a few weeks or 
                months; and
                    (B) continuous participation and collaboration by 
                users, testers, and requirements authorities.

       TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

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

Sec. 901. Treatment of incumbent Under Secretary of Defense for 
           Acquisition, Technology, and Logistics.
Sec. 902. Clarification of authority of Under Secretary of Defense for 
           Acquisition and Sustainment with respect to service 
           acquisition programs for which the service acquisition 
           executive is the milestone decision authority.
Sec. 903. Executive Schedule matters relating to Under Secretary of 
           Defense for Acquisition and Sustainment.

[[Page 131 STAT. 1511]]

Sec. 904. Consistent period of relief from active duty as a commissioned 
           officer of a regular component of the Armed Forces for 
           appointment to Under Secretary of Defense positions.
Sec. 905. Qualifications for appointment and additional duties and 
           powers of certain officials within the Office of the Under 
           Secretary of Defense (Comptroller).
Sec. 906. Redesignation of Principal Deputy Under Secretaries of Defense 
           as Deputy Under Secretaries of Defense and related matters.
Sec. 907. Reduction of number and elimination of specific designations 
           of Assistant Secretaries of Defense.
Sec. 908. Limitation on maximum number of Deputy Assistant Secretaries 
           of Defense.
Sec. 909. Appointment and responsibilities of Chief Information Officer 
           of the Department of Defense.
Sec. 910. Chief Management Officer of the Department of Defense.

                Subtitle B--Data Management and Analytics

Sec. 911. Policy on treatment of defense business system data related to 
           business operations and management.
Sec. 912. Transparency of defense management data.
Sec. 913. Establishment of set of activities that use data analysis, 
           measurement, and other evaluation-related methods to improve 
           acquisition program outcomes.

  Subtitle C--Organization of Other Department of Defense Offices and 
                                Elements

Sec. 921. Qualifications for appointment of Assistant Secretaries of the 
           military departments for financial management.
Sec. 922. Manner of carrying out reductions in major Department of 
           Defense headquarters activities pursuant to headquarters 
           reduction plan.
Sec. 923. Certifications on cost savings achieved by reductions in major 
           Department of Defense headquarters activities.
Sec. 924. Corrosion control and prevention executives matters.
Sec. 925. Background and security investigations for Department of 
           Defense personnel.

            Subtitle D--Miscellaneous Reporting Requirements

Sec. 931. Additional elements in reports on policy, organization, and 
           management goals of the Secretary of Defense for the 
           Department of Defense.
Sec. 932. Report and sense of Congress on responsibility for 
           developmental test and evaluation within the Office of the 
           Secretary of Defense.
Sec. 933. Report on Office of Corrosion Policy and Oversight.

                        Subtitle D--Other Matters

Sec. 941. Commission on the National Defense Strategy for the United 
           States.

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

SEC. 901. TREATMENT OF INCUMBENT UNDER SECRETARY OF DEFENSE FOR 
                        ACQUISITION, TECHNOLOGY, AND LOGISTICS.

    Section 901(a) of the National Defense Authorization Act for Fiscal 
Year 2017 (Public Law 114-328; 130 Stat. 2339; 10 U.S.C. 133a note) is 
amended by striking paragraph (2).
SEC. 902. <<NOTE: 10 USC 133b note.>> CLARIFICATION OF AUTHORITY 
                        OF UNDER SECRETARY OF DEFENSE FOR 
                        ACQUISITION AND SUSTAINMENT WITH RESPECT 
                        TO SERVICE ACQUISITION PROGRAMS FOR WHICH 
                        THE SERVICE ACQUISITION EXECUTIVE IS THE 
                        MILESTONE DECISION AUTHORITY.

    Effective on February 1, 2018, and immediately after the coming into 
effect of the amendment made by section 901(b) of the National Defense 
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 
2340), subsection (b)(6) of section 133b

[[Page 131 STAT. 1512]]

of title 10, United States Code, as added by such section 901(b), is 
amended by striking ``supervisory authority'' and inserting ``advisory 
authority''.
SEC. 903. EXECUTIVE SCHEDULE MATTERS RELATING TO UNDER SECRETARY 
                        OF DEFENSE FOR ACQUISITION AND 
                        SUSTAINMENT.

    (a) Repeal of Pending Executive Schedule Amendment.--Section 901(h) 
of the National Defense Authorization Act for Fiscal Year 2017 (Public 
Law 114-328; 130 Stat. 2342; 5 U.S.C. 5313 note) is amended--
            (1) by striking ``new items'' and inserting ``new item''; 
        and
            (2) by striking the item relating to the Under Secretary of 
        Defense for Acquisition and Sustainment.

    (b) <<NOTE: 5 USC 5314 note.>>  Executive Schedule Level III.--
Effective on February 1, 2018, section 5314 of title 5, United States 
Code, is amended by inserting before the item relating to the Under 
Secretary of Defense for Policy the following new item:
            ``Under Secretary of Defense for Acquisition and 
        Sustainment.''.
SEC. 904. CONSISTENT PERIOD OF RELIEF FROM ACTIVE DUTY AS A 
                        COMMISSIONED OFFICER OF A REGULAR 
                        COMPONENT OF THE ARMED FORCES FOR 
                        APPOINTMENT TO UNDER SECRETARY OF DEFENSE 
                        POSITIONS.

    Chapter 4 of title 10, United States Code, is amended--
            (1) in section 135(a), by adding at the end the following 
        new sentence: ``A person may not be appointed as Under Secretary 
        within seven years after relief from active duty as a 
        commissioned officer of a regular component of the armed 
        forces.'';
            (2) in section 136(a), by adding at the end the following 
        new sentence: ``A person may not be appointed as Under Secretary 
        within seven years after relief from active duty as a 
        commissioned officer of a regular component of the armed 
        forces.''; and
            (3) in section 137(a), by adding at the end the following 
        new sentence: ``A person may not be appointed as Under Secretary 
        within seven years after relief from active duty as a 
        commissioned officer of a regular component of the armed 
        forces.''.
SEC. 905. QUALIFICATIONS FOR APPOINTMENT AND ADDITIONAL DUTIES AND 
                        POWERS OF CERTAIN OFFICIALS WITHIN THE 
                        OFFICE OF THE UNDER SECRETARY OF DEFENSE 
                        (COMPTROLLER).

    (a) Under Secretary of Defense (Comptroller).--
            (1) Qualification for appointment.--Section 135(a) of title 
        10, United States Code, as amended by section 904, is further 
        amended--
                    (A) by inserting ``(1)'' after ``(a)''; and
                    (B) by adding at the end the following new 
                paragraph:

    ``(2) The Under Secretary of Defense (Comptroller) shall be 
appointed from among persons who have significant budget, financial 
management, or audit experience in complex organizations.''.
            (2) Duties and powers.--Section 135 of title 10, United 
        States Code, is further amended--

[[Page 131 STAT. 1513]]

                    (A) by redesignating subsections (d) and (e) as 
                subsections (e) and (f), respectively; and
                    (B) by inserting after subsection (c) the following 
                new subsection (d):

    ``(d) In addition to any duties under subsection (c), the Under 
Secretary of Defense (Comptroller) shall, subject to the authority, 
direction, and control of the Secretary of Defense, do the following:
            ``(1) Provide guidance and instruction on annual performance 
        plans and evaluations to the following:
                    ``(A) The Assistant Secretaries of the military 
                departments for financial management.
                    ``(B) Any other official of an agency, organization, 
                or element of the Department of Defense with 
                responsibility for financial management.
            ``(2) Give directions to the military departments, Defense 
        Agencies, and other organizations and elements of the Department 
        of Defense regarding their financial statements and the audit 
        and audit readiness of such financial statements.''.

    (b) <<NOTE: 10 USC 135 note.>>  Qualification for Appointment as 
Deputy Chief Financial Officer.--The Deputy Chief Financial Officer of 
the Department of Defense shall be appointed from among persons who have 
significant budget, financial management, or audit experience in complex 
organizations.

    (c) <<NOTE: 10 USC 135 note.>>  Applicability.--The appointment 
qualifications imposed by the amendments made by subsection (a)(1) and 
the appointment qualifications imposed by subsection (b) shall apply 
with respect to appointments as Under Secretary of Defense (Comptroller) 
and Deputy Chief Financial Officer of the Department of Defense that are 
made on or after the date of the enactment of this Act.
SEC. 906. REDESIGNATION OF PRINCIPAL DEPUTY UNDER SECRETARIES OF 
                        DEFENSE AS DEPUTY UNDER SECRETARIES OF 
                        DEFENSE AND RELATED MATTERS.

    (a) Redesignation.--Section 137a of title 10, United States Code, is 
amended by striking ``Principal'' each place it appears.
    (b) Increase in Authorized Number.--Section 137a(a)(1) of title 10, 
United States Code, is amended by striking ``five'' and inserting 
``six''.
    (c) Replacement of ATL Position With Two Positions in Connection 
With OSD Reform. <<NOTE: 10 USC 137a note.>> --Effective on February 1, 
2018, section 137a(c) of title 10, United States Code, is amended--
            (1) by redesignating paragraphs (2) through (5) as 
        paragraphs (3) through (6), respectively; and
            (2) by striking paragraph (1) and inserting the following 
        new paragraphs:

    ``(1) One of the Deputy Under Secretaries is the Deputy Under 
Secretary of Defense for Research and Engineering.
    ``(2) One of the Deputy Under Secretaries is the Deputy Under 
Secretary of Defense for Acquisition and Sustainment.''.
    (d) Conforming Amendments.--
            (1) OSD.--Paragraph (6) of section 131(b) of title 10, 
        United States Code, is amended to read as follows:
            ``(6) The Deputy Under Secretaries of Defense.''.
            (2) Precedence.--Section 138(d) of title 10, United States 
        Code, is amended by striking ``Principal''.

    (e) Executive Schedule Level IV.--Section 5315 of title 5, United 
States Code, is amended--

[[Page 131 STAT. 1514]]

            (1) by striking ``Principal'' in the items relating to the 
        Principal Deputy Under Secretary of Defense for Policy, the 
        Principal Deputy Under Secretary of Defense for Personnel and 
        Readiness, the Principal Deputy Under Secretary of Defense 
        (Comptroller), and the Principal Deputy Under Secretary of 
        Defense for Intelligence; and
            (2) by inserting before the item relating to the Deputy 
        Under Secretary of Defense for Policy, as amended by paragraph 
        (1), the following new items:
            ``Deputy Under Secretary of Defense for Research and 
        Engineering.
            ``Deputy Under Secretary of Defense for Acquisition and 
        Sustainment.''.

    (f) Clerical Amendments.--
            (1) Heading amendment.--The heading of section 137a of title 
        10, United States Code, <<NOTE: 10 USC 131 prec.>>  is amended 
        to read as follows:
``Sec. 137a. Deputy Under Secretaries of Defense''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 4 of title 10, United States Code, is 
        amended by striking the item relating to section 137a and 
        inserting the following new item:

``137a. Deputy Under Secretaries of Defense.''.

SEC. 907. REDUCTION OF NUMBER AND ELIMINATION OF SPECIFIC 
                        DESIGNATIONS OF ASSISTANT SECRETARIES OF 
                        DEFENSE.

    (a) Reduction of Authorized Number.--Section 138(a)(1) of title 10, 
United States Code, is amended by striking ``14'' and inserting ``13''.
    (b) Elimination of Certain Specific Designations.--Section 138(b) of 
title 10, United States Code, is amended--
            (1) by striking paragraphs (2) and (3); and
            (2) by redesignating paragraphs (4), (5), and (6) as 
        paragraphs (2), (3), and (4), respectively.
SEC. 908. <<NOTE: 10 USC 138 note.>> LIMITATION ON MAXIMUM NUMBER 
                        OF DEPUTY ASSISTANT SECRETARIES OF 
                        DEFENSE.

    The maximum number of Deputy Assistant Secretaries of Defense after 
the date of the enactment of this Act may not exceed 48.
SEC. 909. APPOINTMENT AND RESPONSIBILITIES OF CHIEF INFORMATION 
                        OFFICER OF THE DEPARTMENT OF DEFENSE.

    (a) Appointment Method and Qualifications.--Section 142(a) of title 
10, United States Code, is amended by inserting before the period at the 
end the following: ``, who shall be appointed by the President, by and 
with the advice and consent of the Senate, from among civilians who are 
qualified to serve as such officer''.
    (b) Clarification of Certain Responsibilities.--Section 142(b)(1)(I) 
of title 10, United States Code, is amended by striking ``the networking 
and cyber defense architecture'' and inserting ``the information 
technology, networking, information assurance, cybersecurity, and cyber 
capability architectures''.
    (c) Additional Responsibilities Related to Budgets and Standards.--
Section 142(b) of title 10, United States Code, is amended--
            (1) by redesignating paragraph (2) as paragraph (4); and

[[Page 131 STAT. 1515]]

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

    ``(2)(A) The Secretary of Defense, acting through the Under 
Secretary of Defense (Comptroller), shall require the Secretaries of the 
military departments and the heads of the Defense Agencies with 
responsibilities associated with any activity specified in paragraph (1) 
to transmit the proposed budget for such activities for a fiscal year 
and for the period covered by the future-years defense program submitted 
to Congress under section 221 of this title for that fiscal year to the 
Chief Information Officer for review under subparagraph (B) before 
submitting the proposed budget to the Under Secretary of Defense 
(Comptroller).
    ``(B) The Chief Information Officer shall review each proposed 
budget transmitted under subparagraph (A) and, not later than January 31 
of the year preceding the fiscal year for which the budget is proposed, 
shall submit to the Secretary of Defense a report containing the 
comments of the Chief Information Officer with respect to all such 
proposed budgets, together with the certification of the Chief 
Information Officer regarding whether each proposed budget is adequate.
    ``(C) Not later than March 31 of each year, the Secretary of Defense 
shall submit to Congress a report specifying each proposed budget 
contained in the most-recent report submitted under subparagraph (B) 
that the Chief Information Officer did not certify to be adequate. The 
report of the Secretary shall include the following matters:
            ``(i) A discussion of the actions that the Secretary 
        proposes to take, together with any recommended legislation that 
        the Secretary considers appropriate, to address the inadequacy 
        of the proposed budgets specified in the report.
            ``(ii) Any additional comments that the Secretary considers 
        appropriate regarding the inadequacy of the proposed budgets.

    ``(3)(A) The Secretary of a military department or head of a Defense 
Agency may not develop or procure information technology (as defined in 
section 11101 of title 40) that does not fully comply with such 
standards as the Chief Information Officer may establish.
    ``(B) The Chief Information Officer shall implement and enforce a 
process for--
            ``(i) developing, adopting, or publishing standards for 
        information technology, networking, or cyber capabilities to 
        which any military department or defense agency would need to 
        adhere in order to run such capabilities on defense networks; 
        and
            ``(ii) certifying on a regular and ongoing basis that any 
        capabilities being developed or procured meets such standards as 
        have been published by the Department at the time of 
        certification.

    ``(C) The Chief Information Officer shall identify gaps in standards 
and mitigation plans for operating in the absence of acceptable 
standards.''.
    (d) Direction and Precedence.--Section 142 of title 10, United 
States Code, is amended by adding at the end the following new 
subsections:
    ``(c) The Chief Information Officer of the Department of Defense 
shall report directly to the Secretary of Defense in the performance of 
duties under this section.

[[Page 131 STAT. 1516]]

    ``(d) The Chief Information Officer of the Department of Defense 
takes precedence in the Department of Defense with the officials serving 
in positions specified in section 131(b)(4) of this title. The officials 
serving in positions specified in such section and the Chief Information 
Officer take precedence among themselves in the order prescribed by the 
Secretary of Defense.''.
    (e) Alternative Proposal.--Not later than March 1, 2018, the 
Secretary of Defense shall submit to the congressional defense 
committees a proposal for such alternatives or modifications to the 
realignment of responsibilities of the Chief Information Officer of the 
Department of Defense required by the amendments made by subsection (a) 
as the Secretary considers appropriate, together with an implementation 
plan for such proposal. The proposal may not be carried out unless 
approved by statute.
    (f) <<NOTE: 10 USC 142 note.>>  Service of Incumbent Without Further 
Appointment.--The individual serving in the position of Chief 
Information Officer of the Department of Defense as of January 1, 2019, 
may continue to serve in such position commencing as of that date 
without further appointment pursuant to section 142 of title 10, United 
States Code, as amended by this section.

    (g) <<NOTE: 10 USC 142 note.>>  Effective Date of Amendments.--The 
amendments made by this section shall take effect on January 1, 2019.
SEC. 910. CHIEF MANAGEMENT OFFICER OF THE DEPARTMENT OF DEFENSE.

    (a) Chief Management Officer.--
            (1) <<NOTE: 10 USC 132a note.>>  In general.--Effective 
        February 1, 2018, section 132a of title 10, United States Code, 
        is amended to read as follows:
``Sec. 132a. Chief Management Officer

    ``(a) Appointment and Qualifications.--(1) There is a Chief 
Management Officer of the Department of Defense, appointed from civilian 
life by the President, by and with the advice and consent of the Senate.
    ``(2) The Chief Management Officer shall be appointed from among 
persons who have an extensive management or business background and 
experience with managing large or complex organizations. A person may 
not be appointed as Chief Management Officer within seven years after 
relief from active duty as a commissioned officer of a regular component 
of an armed force.
    ``(b) Responsibilities.--Subject to the authority, direction, and 
control of the Secretary of Defense and the Deputy Secretary of Defense, 
the Chief Management Officer shall perform such duties and exercise such 
powers as the Secretary or the Deputy Secretary may prescribe, including 
the following:
            ``(1) Serving as the chief management officer of the 
        Department of Defense with the mission of managing enterprise 
        business operations and shared services of the Department of 
        Defense.
            ``(2) Serving as the principal advisor to the Secretary and 
        the Deputy Secretary on establishing policies for, and 
        directing, all enterprise business operations of the Department, 
        including planning and processes, business transformation, 
        performance measurement and management, and business information 
        technology management and improvement activities and programs, 
        including the allocation of resources for enterprise business

[[Page 131 STAT. 1517]]

        operations and unifying business management efforts across the 
        Department.
            ``(3) Exercising authority, direction, and control over the 
        Defense Agencies and Department of Defense Field Activities 
        providing shared business services for the Department that are 
        designated by the Secretary or the Deputy Secretary for purposes 
        of this paragraph.
            ``(4) As of January 1, 2019--
                    ``(A) serving as the Chief Information Officer of 
                the Department for purposes of section 2222 of this 
                title;
                    ``(B) administering the responsibilities and duties 
                specified in sections 11315 and 11319 of title 40, 
                section 3506(a)(2) of title 44, and section 2223(a) of 
                this title for business systems and management; and
                    ``(C) Exercising any responsibilities, duties, and 
                powers relating to business systems or management that 
                are exercisable by a chief information officer for the 
                Department, other than those responsibilities, duties, 
                and powers of a chief information officer that are 
                vested in the Chief Information Officer of the 
                Department of Defense by section 142 of this title.
            ``(5) Serving as the official with principal responsibility 
        in the Department for providing for the availability of common, 
        usable, Defense-wide data sets with applications such as 
        improving acquisition outcomes and personnel management.
            ``(6) Authority to direct the Secretaries of the military 
        departments and the heads of all other elements of the 
        Department with regard to matters for which the Chief Management 
        Officer has responsibility under this section.

    ``(c) Precedence.--The Chief Management Officer takes precedence in 
the Department of Defense after the Secretary of Defense and the Deputy 
Secretary of Defense.
    ``(d) Enterprise Business Operation Defined.--In this section, the 
term `enterprise business operations' means those activities that 
constitute the cross-cutting business operations used by multiple 
components of the Department of Defense, but not those activities that 
are directly tied to a single military department or Department of 
Defense component. The term includes business-support functions 
designated by the Secretary of Defense or the Deputy Secretary of 
Defense for purposes of this section, such as aspects of financial 
management, healthcare, acquisition and procurement, supply chain and 
logistics, certain information technology, real property, and human 
resources operations.''.
            (2) <<NOTE: 10 USC 131 note prec.>>  Clerical amendment.--
        Effective February 1, 2018, the table of sections at the 
        beginning of chapter 4 of title 10, United States 
        Code, <<NOTE: 10 USC 131 prec.>>  is amended by striking the 
        item relating to section 132a and inserting the following new 
        item:

``132a. Chief Management Officer.''.

    (b) Conforming Repeal of Prior Authorities on Chief Management 
Officer.--
            (1) <<NOTE: 10 USC 132 note.>>  In general.--Effective on 
        January 31, 2018, subsection (c) of section 901 of the National 
        Defense Authorization Act for Fiscal Year 2017 (Public Law 114-
        328; 130 Stat. 2341; 10 U.S.C. 131 note) is repealed, and the 
        amendments to be made by paragraph (4) of that subsection shall 
        not be made.

[[Page 131 STAT. 1518]]

            (2) <<NOTE: 10 USC 132 note.>>  Further conforming 
        amendments.--Effective on February 1, 2018, section 132 of title 
        10, United States Code, is amended--
                    (A) by striking subsection (c); and
                    (B) by redesignating subsection (d) as subsection 
                (c).

    (c) <<NOTE: 10 USC 131 note.>>  Conforming Amendments on Precedence 
in DoD.--Effective on February 1, 2018, and immediately after the coming 
into effect of the amendments made by section 901 of the National 
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 
Stat. 2339; 10 U.S.C. 131 note)--
            (1) section 131(b) of title 10, United States Code, as 
        amended by section 906(d)(1) of this Act, is further amended--
                    (A) by redesignating paragraphs (2) through (9) as 
                paragraphs (3) through (10), respectively; and
                    (B) by inserting after paragraph (1) the following 
                new paragraph (2):
            ``(2) The Chief Management Officer of the Department of 
        Defense.'';
            (2) section 133a(c) of such title is amended--
                    (A) in paragraph (1), by striking ``and the Deputy 
                Secretary of Defense'' and inserting ``, the Deputy 
                Secretary of Defense, and the Chief Management Officer 
                of the Department of Defense''; and
                    (B) in paragraph (2), by inserting ``the Chief 
                Management Officer,'' after ``the Deputy Secretary,''; 
                and
            (3) section 133b(c) of such title is amended--
                    (A) in paragraph (1), by inserting ``the Chief 
                Management Officer of the Department of Defense,'' after 
                ``the Deputy Secretary of Defense,''; and
                    (B) in paragraph (2), by inserting ``the Chief 
                Management Officer,'' after ``the Deputy Secretary,''.

    (d) <<NOTE: 5 USC 5313 note.>>  Executive Schedule Level II.--
Effective on February 1, 2018, and immediately after the coming into 
effect of the amendment made by section 901(h) of the National Defense 
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 
2342; 5 U.S.C. 5313 note), section 5313 of title 5, United States Code, 
is amended by inserting before the item relating to the Under Secretary 
of Defense for Research and Engineering the following new item:
            ``Chief Management Officer of the Department of Defense.''.

    (e) <<NOTE: 10 USC 132a note.>>  Service of Incumbent Deputy Chief 
Management Officer as Chief Management Officer Upon Commencement of 
Latter Position Without Further Appointment.--The individual serving in 
the position of Deputy Chief Management Officer of the Department of 
Defense as of February 1, 2018, may continue to serve as Chief 
Management Officer of the Department of Defense under section 132a of 
title 10, United States Code (as amended by subsection (a)), commencing 
as of that date without further appointment pursuant to such section 
132a.

    (f) <<NOTE: 10 USC 132a note.>>  Defense Agencies and Field 
Activities Providing Shared Business Services.--
            (1) Initial reporting requirement.--Not later than January 
        15, 2018, the Secretary of Defense shall submit to the 
        congressional defense committees a report specifying each 
        Defense Agency and Department of Defense Field Activity 
        providing shared business services for the Department of Defense 
        that is to be designated by the Secretary of Defense or the

[[Page 131 STAT. 1519]]

        Deputy Secretary of Defense for purposes of subsection (b)(3) of 
        section 132a of title 10, United States Code (as amended by 
        subsection (a)), as of the coming into effect of such section 
        132a.
            (2) Notice to congress on transfer of oversight.--Upon the 
        transfer to the Chief Management Officer of the Department of 
        Defense of responsibility for oversight of shared business 
        services of a Defense Agency or Department of Defense Field 
        Activity specified in the report required by paragraph (1), the 
        Secretary of Defense shall submit to the congressional defense 
        committees a notice of the transfer, including the Defense 
        Agency or Field Activity subject to the transfer and a 
        description of the nature and scope of the responsibility for 
        oversight transferred.

                Subtitle B--Data Management and Analytics

SEC. 911. <<NOTE: 10 USC 2222 note.>> POLICY ON TREATMENT OF 
                        DEFENSE BUSINESS SYSTEM DATA RELATED TO 
                        BUSINESS OPERATIONS AND MANAGEMENT.

    (a) Establishment of Policy.--Not later than one year after the date 
of the enactment of this Act, the Secretary of Defense shall establish a 
data policy for the Department of Defense that mandates that any data 
contained in a defense business system related to business operations 
and management is an asset of the Department of Defense.
    (b) Availability.--As part of the policy required by subsection (a), 
the Secretary of Defense shall ensure that, except as otherwise provided 
by law or regulation, data described in such subsection shall be made 
readily available to members of the Office of the Secretary of Defense, 
the Joint Staff, the military departments, the combatant commands, the 
Defense Agencies, the Department of Defense Field Activities, and all 
other offices, agencies, activities, and commands of the Department of 
Defense, as applicable.
SEC. 912. TRANSPARENCY OF DEFENSE MANAGEMENT DATA.

    (a) Common Enterprise Data.--
            (1) In general.--Section 2222(e) of title 10, United States 
        Code, is amended by adding at the end the following new 
        paragraphs:
            ``(5) Common enterprise data.--The defense business 
        enterprise shall include enterprise data that may be 
        automatically extracted from the relevant systems to facilitate 
        Department of Defense-wide analysis and management of its 
        business operations.
            ``(6) Roles and responsibilities.--
                    ``(A) The Chief Management Officer of the Department 
                of Defense shall have primary decision-making authority 
                with respect to the development of common enterprise 
                data. In consultation with the Defense Business Council, 
                the Chief Management Officer shall--
                          ``(i) develop an associated data governance 
                      process; and
                          ``(ii) oversee the preparation, extraction, 
                      and provision of data across the defense business 
                      enterprise.

[[Page 131 STAT. 1520]]

                    ``(B) The Chief Management Officer and the Under 
                Secretary of Defense (Comptroller) shall--
                          ``(i) in consultation with the Defense 
                      Business Council, document and maintain any common 
                      enterprise data for their respective areas of 
                      authority;
                          ``(ii) participate in any related data 
                      governance process;
                          ``(iii) extract data from defense business 
                      systems as needed to support priority activities 
                      and analyses;
                          ``(iv) when appropriate, ensure the source 
                      data is the same as that used to produce the 
                      financial statements subject to annual audit;
                          ``(v) in consultation with the Defense 
                      Business Council, provide access, except as 
                      otherwise provided by law or regulation, to such 
                      data to the Office of the Secretary of Defense, 
                      the Joint Staff, the military departments, the 
                      combatant commands, the Defense Agencies, the 
                      Department of Defense Field Activities, and all 
                      other offices, agencies, activities, and commands 
                      of the Department of Defense; and
                          ``(vi) ensure consistency of the common 
                      enterprise data maintained by their respective 
                      organizations.
                    ``(C) The Director of Cost Assessment and Program 
                Evaluation shall have access to data for the purpose of 
                executing missions as designated by the Secretary of 
                Defense.
                    ``(D) The Secretary of Defense, the Chairman of the 
                Joint Chiefs of Staff, the Secretaries of the military 
                departments, commanders of combatant commands, the heads 
                of the Defense Agencies, the heads of the Department of 
                Defense Field Activities, and the heads of all other 
                offices, agencies, activities, and commands of the 
                Department of Defense shall provide access to the 
                relevant system of such department, combatant command, 
                Defense Agency, Defense Field Activity, or office, 
                agency, activity, and command organization, as 
                applicable, and data extracted from such system, for 
                purposes of automatically populating data sets coded 
                with common enterprise data.''.
            (2) Definitions.--Section 2222(i) of title 10, United States 
        Code, is amended by adding at the end the following new 
        paragraphs:
            ``(10) Common enterprise data.--The term `common enterprise 
        data' means business operations or management-related data, 
        generally from defense business systems, in a usable format that 
        is automatically accessible by authorized personnel and 
        organizations.
            ``(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 subsection 
        (a)(6)(A).''.

    (b) Duties of Under Secretary of Defense (Comptroller).--Section 
135(b) of title 10, United States Code, is amended in the second 
sentence by inserting after ``shall perform'' the following: ``the 
duties assigned to the Under Secretary in section 2222 of this title 
and''.

[[Page 131 STAT. 1521]]

    (c) Duties of 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) Performing the duties assigned to the Director in 
        section 2222 of this title.''.

    (d) Implementation Plan for Common Enterprise Data.--
            (1) Plan required.--Not later than one year after the date 
        of the enactment of this Act, the Deputy Secretary of Defense, 
        acting through the Chief Management Officer of the Department of 
        Defense, shall develop a plan to implement the amendments made 
        by 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 imposed by the amendments made by 
                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 such 
                requirements.
                    (E) A review of the curriculum taught at the 
                National Defense University, the Defense Acquisition 
                University, professional military educational 
                institutions, and appropriate private sector academic 
                institutions to determine the extent to which the 
                curricula include appropriate courses on data 
                management, data analytics and other evaluation-related 
                methods.
            (3) Role of under secretary of defense (comptroller).--The 
        Under Secretary of Defense (Comptroller) shall ensure that the 
        implementation plan required by paragraph (1) does not conflict 
        with the financial statement audit priorities and timeline of 
        the Department of Defense.
            (4) Submission to congress.--Upon completion of the 
        implementation plan required by paragraph (1), the Chief 
        Management Officer shall submit the plan to the congressional 
        defense committees.

    (e) <<NOTE: 10 USC 2222 note.>>  Application of New Authorities 
Required.--
            (1) Data analytics capability required.--Not later than 
        September 30, 2020, the Chief Management Officer of the 
        Department of Defense shall establish and maintain within the 
        Department of Defense a data analytics capability for purposes 
        of supporting enhanced oversight and management of the Defense 
        Agencies and Department of Defense Field Activities.
            (2) Elements.--The data analytics capability shall permit 
        the following:
                    (A) The maintenance on a continuing basis of an 
                accurate tabulation of the amounts expended by the 
                Defense Agencies and Department of Defense Field 
                Activities on Government and contractor personnel.
                    (B) The maintenance on a continuing basis of an 
                accurate number of the personnel currently supporting 
                the

[[Page 131 STAT. 1522]]

                Defense Agencies and Department of Defense Field 
                Activities, including the following:
                          (i) Members of the regular components of the 
                      Armed Forces.
                          (ii) Members of the reserve components of the 
                      Armed Forces.
                          (iii) Civilian employees of the Department of 
                      Defense.
                          (iv) Detailees, whether from another 
                      organization or element of the Department or from 
                      another department or agency of the Federal 
                      Government.
                    (C) The tracking of costs for employing contract 
                personnel, including federally funded research and 
                development centers.
                    (D) The maintenance on a continuing basis of the 
                following:
                          (i) An identification of the functions being 
                      performed by each Defense Agency and Department of 
                      Defense Field Activity.
                          (ii) An accurate tabulation of the amounts 
                      being expended by each Defense Agency and 
                      Department of Defense Field Activity on its 
                      functions.
            (3) Reporting requirements.--
                    (A) Interim report.--Not later than one year after 
                the date of the enactment of this Act, the Chief 
                Management Officer of the Department of Defense shall 
                submit to the congressional defense committees a report 
                on progress in establishing the data analytics 
                capability. The report shall include the following:
                          (i) A description and assessment of the 
                      efforts of the Chief Management Officer through 
                      the date of the report to establish the data 
                      analytics capability.
                          (ii) A description of current gaps in the data 
                      required to establish the data analytics 
                      capability, and a description of the efforts to be 
                      undertaken to eliminate such gaps.
                    (B) Final report.--Not later than December 31, 2020, 
                the Chief Management Officer shall submit to the 
                congressional defense committees a report on the data 
                analytics capability as established pursuant to this 
                section.

    (f) <<NOTE: 10 USC 2222 note.>>  Additional Pilot Programs 
Required.--
            (1) In general.--The Secretary of Defense shall carry out 
        pilot programs to develop data integration strategies for the 
        Department of Defense to address high-priority management 
        challenges of the Department.
            (2) Elements.--The pilot programs carried out under the 
        authority of this subsection shall involve data integration 
        strategies to address challenges of the Department with respect 
        to the following:
                    (A) The budget of the Department.
                    (B) Logistics.
                    (C) Personnel security and insider threats.
                    (D) At least two other high-priority challenges of 
                the Department identified by the Secretary for purposes 
                of this subsection.
            (3) Report on pilot programs.--Not later than one year after 
        the date of the enactment of this Act, the Secretary

[[Page 131 STAT. 1523]]

        of Defense shall submit to the congressional defense committees 
        a report describing the pilot programs to be carried out under 
        this section, including the challenge of the Department to be 
        addressed by the pilot program and the manner in which the data 
        integration strategy under the pilot program will address the 
        challenge. If any proposed pilot program requires legislative 
        action for the waiver or modification of a statutory requirement 
        that otherwise prevents or impedes the implementation of the 
        pilot program, the Secretary shall include in the report a 
        recommendation for legislative action to waive or modify the 
        statutory requirement.
SEC. 913. <<NOTE: 10 USC 2302 note.>> ESTABLISHMENT OF SET OF 
                        ACTIVITIES THAT USE DATA ANALYSIS, 
                        MEASUREMENT, AND OTHER EVALUATION-RELATED 
                        METHODS TO IMPROVE ACQUISITION PROGRAM 
                        OUTCOMES.

    (a) Establishment Required.--Not later than one year after the date 
of the enactment of this Act, the Secretary of Defense shall establish a 
set of activities that use data analysis, measurement, and other 
evaluation-related methods to improve the acquisition outcomes of the 
Department of Defense and enhance organizational learning.
    (b) Types of Activities.--The set of activities established under 
subsection (a) may include any or all of the following: --
            (1) Establishment of data analytics capabilities and 
        organizations within an Armed Force.
            (2) Development of capabilities in Department of Defense 
        laboratories, test centers, and federally funded research and 
        development centers to provide technical support for data 
        analytics activities that support acquisition program management 
        and business process re-engineering activities.
            (3) Increased use of existing analytical capabilities 
        available to acquisition programs and offices to support 
        improved acquisition outcomes.
            (4) Funding of intramural and extramural research and 
        development activities to develop and implement data analytics 
        capabilities in support of improved acquisition outcomes.
            (5) Publication, to the maximum extent practicable, and in a 
        manner that protects classified and proprietary information, of 
        data collected by the Department of Defense related to 
        acquisition program costs and activities for access and analyses 
        by the general public or Department research and education 
        organizations.
            (6) Promulgation by the Chief of Staff of the Army, the 
        Chief of Naval Operations, the Chief of Staff of the Air Force, 
        and the Commandant of the Marine Corps, in coordination with the 
        Deputy Secretary of Defense, the Under Secretary of Defense for 
        Research and Engineering, and the Under Secretary for 
        Acquisition and Sustainment, of a consistent policy as to the 
        role of data analytics in establishing budgets and making 
        milestone decisions for major defense acquisition programs.
            (7) Continual assessment, in consultation with the private 
        sector, of the efficiency of current data collection and 
        analyses processes, so as to minimize the requirement for 
        collection and delivery of data by, from, and to Government 
        organizations.

[[Page 131 STAT. 1524]]

            (8) Promulgation of guidance to acquisition programs and 
        activities on the efficient use, quality, and sharing of 
        enterprise data between programs and organizations to improve 
        acquisition program analytics and outcomes.
            (9) Establishment of focused research and educational 
        activities at the Defense Acquisition University, and 
        appropriate private sector academic institutions, to support 
        enhanced use of data management, data analytics, and other 
        evaluation-related methods to improve acquisition outcomes.

  Subtitle C--Organization of Other Department of Defense Offices and 
                                Elements

SEC. 921. QUALIFICATIONS FOR APPOINTMENT OF ASSISTANT SECRETARIES 
                        OF THE MILITARY DEPARTMENTS FOR FINANCIAL 
                        MANAGEMENT.

    (a) Assistant Secretary of the Army.--Section 3016(b)(4) of title 
10, United States Code, is amended--
            (1) by inserting ``(A)'' after ``(4)'';
            (2) by striking ``The Assistant Secretary shall have as his 
        principal responsibility'' and inserting the following:

    ``(C) The principal responsibility of the Assistant Secretary shall 
be''; and
            (3) by inserting after subparagraph (A), as designated by 
        paragraph (1), the following new subparagraph (B):

    ``(B) The Assistant Secretary shall be appointed from among persons 
who have significant budget, financial management, or audit experience 
in complex organizations.''.
    (b) Assistant Secretary of the Navy.--Section 5016(b)(3) of title 
10, United States Code, is amended--
            (1) by inserting ``(A)'' after ``(3)'';
            (2) by striking ``The Assistant Secretary shall have as his 
        principal responsibility'' and inserting the following:

    ``(C) The principal responsibility of the Assistant Secretary shall 
be''; and
            (3) by inserting after subparagraph (A), as designated by 
        paragraph (1), the following new subparagraph (B):

    ``(B) The Assistant Secretary shall be appointed from among persons 
who have significant budget, financial management, or audit experience 
in complex organizations.''.
    (c) Assistant Secretary of the Air Force.--Section 8016(b)(3) of 
title 10, United States Code, is amended--
            (1) by inserting ``(A)'' after ``(3)'';
            (2) by striking ``The Assistant Secretary shall have as his 
        principal responsibility'' and inserting the following:

    ``(C) The principal responsibility of the Assistant Secretary shall 
be''; and
            (3) by inserting after subparagraph (A), as designated by 
        paragraph (1), the following new subparagraph (B):

    ``(B) The Assistant Secretary shall be appointed from among persons 
who have significant budget, financial management, or audit experience 
in complex organizations.''.
    (d) <<NOTE: 10 USC 3016 note.>>  Applicability.--The appointment 
qualifications imposed by the amendments made by this section shall 
apply with respect

[[Page 131 STAT. 1525]]

to an appointment as an Assistant Secretary of a military department for 
financial management that is made on or after the date of the enactment 
of this Act.
SEC. 922. MANNER OF CARRYING OUT REDUCTIONS IN MAJOR DEPARTMENT OF 
                        DEFENSE HEADQUARTERS ACTIVITIES PURSUANT 
                        TO HEADQUARTERS REDUCTION PLAN.

    Section 346(b) of the National Defense Authorization Act for Fiscal 
Year 2016 (Public Law 114-92; 129 Stat. 796; 10 U.S.C. 111 note) is 
amended by adding at the end the following new paragraph:
            ``(5) Manner of carrying out reductions.--
                    ``(A) In general.--The Secretary of Defense shall 
                implement the headquarters reduction plan referred to in 
                paragraph (1), as modified pursuant to that paragraph, 
                so that reductions in major Department of Defense 
                headquarters activities pursuant to the plan are carried 
                out only after consideration of--
                          ``(i) the current manpower levels of major 
                      Department of Defense headquarters activities;
                          ``(ii) the historic manpower levels of major 
                      Department of Defense headquarters activities;
                          ``(iii) the mission requirements of major 
                      Department of Defense headquarters activities; and
                          ``(iv) the anticipated staffing needs of major 
                      Department of Defense headquarters activities 
                      necessary to meet national defense objectives.
                    ``(B) Conforming modification of plan for 
                achievement of cost savings.--The Secretary of Defense 
                shall modify the plan for achievement of cost savings 
                required by subsection (a) to take into account the 
                requirement specified in subparagraph (A).''.
SEC. 923. CERTIFICATIONS ON COST SAVINGS ACHIEVED BY REDUCTIONS IN 
                        MAJOR DEPARTMENT OF DEFENSE HEADQUARTERS 
                        ACTIVITIES.

    Section 346(b) of the National Defense Authorization Act for Fiscal 
Year 2016 (Public Law 114-92; 129 Stat. 796 10 U.S.C. 111 note), as 
amended by section 922, is further amended by adding at the end the 
following new paragraph:
            ``(6) Certifications on cost savings achieved.--Not later 
        than 120 days after the date of the enactment of this paragraph, 
        and not later than 60 days after the end of each of fiscal years 
        2018 through 2020, the Director of Cost Assessment and Program 
        Evaluation shall certify to the Secretary of Defense, and to the 
        congressional defense committees, the following:
                    ``(A) The validity of the cost savings achieved for 
                each major Department of Defense headquarters activity 
                during the previous fiscal year, including the cost of 
                personnel detailed by another Department entity to the 
                headquarters activity.
                    ``(B) Whether the cost savings achieved for each 
                major Department of Defense headquarters activity during 
                that fiscal year met the savings objective for the 
                headquarters activity for that fiscal year, as 
                established pursuant to paragraph (1).''.

[[Page 131 STAT. 1526]]

SEC. 924. <<NOTE: 10 USC 2228 note.>> CORROSION CONTROL AND 
                        PREVENTION EXECUTIVES MATTERS.

    (a) Scope and Level of Positions.--Section 903(a) of the Duncan 
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public 
Law 110-417; 10 U.S.C. 2228 note) is amended--
            (1) by striking ``shall be the senior official'' and 
        inserting ``shall be a senior official''; and
            (2) by adding at the end the following new sentence: ``Each 
        individual so designated shall be a senior civilian employee of 
        the military department concerned in pay grade GS-15 or 
        higher.''.

    (b) Qualifications.--Section 903 of the Duncan Hunter National 
Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 10 
U.S.C. 2228 note) is further amended--
            (1) by redesignating subsection (b) as subsection (c); and
            (2) by inserting after subsection (a) the following new 
        subsection (b):

    ``(b) Qualifications.--Any individual designated as a corrosion 
control and prevention executive of a military department pursuant to 
subsection (a) shall--
            ``(1) have a working knowledge of corrosion prevention and 
        control;
            ``(2) have strong program management and communication 
        skills; and
            ``(3) understand the acquisition, research, development, 
        test, and evaluation, and sustainment policies and procedures of 
        the military department, including for the sustainment of 
        infrastructure.''.
SEC. 925. <<NOTE: 10 USC 1564 note.>> BACKGROUND AND SECURITY 
                        INVESTIGATIONS FOR DEPARTMENT OF DEFENSE 
                        PERSONNEL.

    (a) Transition To Discharge by Defense Security Service.--
            (1) Secretarial authority.--The Secretary of Defense has the 
        authority to conduct security, suitability, and credentialing 
        background investigations for Department of Defense personnel. 
        In carrying out such authority, the Secretary may use such 
        authority, or may delegate such authority to another entity.
            (2) Phased transition.--As part of providing for the conduct 
        of background investigations initiated by the Department of 
        Defense through the Defense Security Service by not later than 
        the deadline specified in subsection (b), the Secretary shall, 
        in consultation with the Director of the Office of Personnel 
        Management, provide for a phased transition from the conduct of 
        such investigations by the National Background Investigations 
        Bureau of the Office of Personnel Management to the conduct of 
        such investigations by the Defense Security Service by that 
        deadline.
            (3) Transition elements.--The phased transition required by 
        paragraph (2) shall--
                    (A) provide for the transition of the conduct of 
                investigations to the Defense Security Service using a 
                risk management approach; and
                    (B) be consistent with the transition from legacy 
                information technology operated by the Office of 
                Personnel Management to the new information technology, 
                including

[[Page 131 STAT. 1527]]

                the National Background Investigations System, as 
                described in subsection (f).

    (b) Commencement of Implementation Plan for Ongoing Discharge of 
Investigations Through DSS.--Not later than October 1, 2020, the 
Secretary of Defense shall commence carrying out the implementation plan 
developed pursuant to section 951(a)(1) of the National Defense 
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 
2371; 10 U.S.C. 1564 note).
    (c) Transfer of Certain Functions Within DoD to DSS.--
            (1) Transfer required.--For purposes of meeting the 
        requirements in subsections (a) and (b), the Secretary of 
        Defense shall transfer to the Defense Security Service the 
        functions, personnel, and associated resources of the following 
        organizations:
                    (A) The Consolidated Adjudications Facility.
                    (B) Other organizations identified by the Secretary 
                for purposes of this paragraph.
            (2) Supporting organizations.--In addition to the 
        organizations identified pursuant to paragraph (1), the 
        following organizations shall prioritize resources to directly 
        support the execution of requirements in subsections (a) and 
        (b):
                    (A) The Office of Cost Analysis and Program 
                Evaluation.
                    (B) The Defense Digital Service.
                    (C) Other organizations designated by the Secretary 
                for purposes of this paragraph.
            (3) Timing and manner of transfer.--The Secretary--
                    (A) may carry out the transfer required by paragraph 
                (1) at any time before the date specified in subsection 
                (b) that the Secretary considers appropriate for 
                purposes of this section; and
                    (B) shall carry out the transfer in a manner 
                designed to minimize disruptions to the conduct of 
                background investigations for personnel of the 
                Department of Defense.

    (d) Transfer of Certain Functions in OPM to DSS.--
            (1) In general.--For purposes of meeting the requirements in 
        subsections (a) and (b), the Secretary of Defense shall provide 
        for the transfer of the functions described in paragraph (2), 
        and any associated personnel and resources, to the Department of 
        Defense.
            (2) Functions.--The functions to be transferred pursuant to 
        paragraph (1) are the following:
                    (A) Any personnel security investigations functions 
                transferred by the Secretary to the Director of the 
                Office of Personnel Management pursuant to section 906 
                of the National Defense Authorization Act for Fiscal 
                Year 2004 (Public Law 108-136; 5 U.S.C. 1101 note).
                    (B) Any other functions of the Office of Personnel 
                Management in connection with background investigations 
                initiated by the Department of Defense that the 
                Secretary and the Director jointly consider appropriate.
            (3) Assessment.--In carrying out the transfer of functions 
        pursuant to paragraph (1), the Secretary shall conduct a 
        comprehensive assessment of workforce requirements for both the 
        Department of Defense and the National Background Investigations 
        Bureau synchronized to the transition plan, including a forecast 
        of workforce needs across the current future-years

[[Page 131 STAT. 1528]]

        defense plan for the Department. Not later than 180 days after 
        the date of the enactment of this Act, the Secretary shall 
        submit to the appropriate congressional committees a report 
        containing the results of the assessment.
            (4) Consultation.--The Secretary shall carry out paragraphs 
        (1), (2), and (3) in consultation with the Director of the 
        Office of Personnel Management and the Director of the Office of 
        Management and Budget.
            (5) Location within dod.--Any functions transferred to the 
        Department of Defense pursuant to this subsection shall be 
        located within the Defense Security Service.

    (e) Conduct of Certain Actions.--For purposes of the conduct of 
background investigations following the commencement of carrying out the 
implementation plan referred to in subsection (b), the Secretary of 
Defense shall provide for the following:
            (1) A single capability for the centralized funding, 
        submissions, and processing of all background investigations, 
        from within the Defense Security Service.
            (2) The discharge by the Consolidated Adjudications 
        Facility, from within the Defense Security Service pursuant to 
        transfer under subsection (c), of adjudications in connection 
        with the following:
                    (A) Background investigations.
                    (B) Continuous evaluation and vetting checks.

    (f) Enhancement of Information Technology Capabilities of NBIS.--
            (1) In general.--The Secretary of Defense shall conduct a 
        review of the information technology capabilities of the 
        National Background Investigations System in order to determine 
        whether enhancements to such capabilities are required for the 
        following:
                    (A) Support for background investigations pursuant 
                to this section and section 951 of the National Defense 
                Authorization Act for Fiscal Year 2017 (Public Law 114-
                328; 130 Stat. 2371; 10 U.S.C. 1564 note).
                    (B) Support of the National Background 
                Investigations Bureau.
                    (C) Execution of the conduct of background 
                investigations initiated by the Department of Defense 
                pursuant to this section, including submissions and 
                adjudications.
            (2) Common component.--In providing for the transition and 
        operation of the National Background Investigations System as 
        described in paragraph (1)(C), the Secretary shall develop a 
        common component of the System usable for background 
        investigations by both the Defense Security Service and the 
        National Background Investigations Bureau.
            (3) Enhancements.--If the review pursuant to paragraph (1) 
        determines that enhancements described in that paragraph are 
        required, the Secretary shall carry out such enhancements.
            (4) Consultation.--The Secretary shall carry out this 
        subsection in consultation with the Director of the Office of 
        Personnel Management.

    (g) Use of Certain Private Industry Data.--In carrying out 
background and security investigations pursuant to this section and 
section 951 of the National Defense Authorization Act for Fiscal Year 
2017 (Public Law 114-328; 130 Stat. 2371; 10 U.S.C. 1564 note), the 
Secretary of Defense may use background materials

[[Page 131 STAT. 1529]]

collected on individuals by the private sector, in accordance with 
national policies and standards, that are applicable to such 
investigations, including materials as follows:
            (1) Financial information, including credit scores and 
        credit status.
            (2) Criminal records.
            (3) Drug screening.
            (4) Verifications of information on resumes and employment 
        applications, such as previous employers, educational 
        achievement, and educational institutions attended.
            (5) Other publicly available electronic information.

    (h) Security Clearances for Contractor Personnel.--
            (1) In general.--The Secretary of Defense shall review the 
        requirements of the Department of Defense relating to position 
        sensitivit