NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2018
(Senate - September 13, 2017)

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[Congressional Record Volume 163, Number 148 (Wednesday, September 13, 2017)]
[Pages S5253-S5474]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2018

  The PRESIDING OFFICER. The clerk will report the bill.
  The senior assistant legislative clerk read as follows:

       A bill (H.R. 2810) 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.


                           Amendment No. 1003

       (Purpose: In the nature of a substitute)

  Mr. McCAIN. Mr. President, I call up substitute amendment No. 1003.
  The PRESIDING OFFICER. The clerk will report.
  The senior assistant legislative clerk read as follows:

       The Senator from Arizona [Mr. McCain] proposes an amendment 
     numbered 1003.

  Mr. McCAIN. I ask unanimous consent that the reading of the amendment 
be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')


                Amendment No. 871 to Amendment No. 1003

  Mr. McCONNELL. Mr. President, I call up the Paul amendment No. 871.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Kentucky [Mr. McConnell], for Mr. Paul, 
     proposes an amendment numbered 871 to amendment No. 1003.

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the 
reading of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

(Purpose: To repeal the Authorization for Use of Military Force and the 
  Authorization for Use of Military Force Against Iraq Resolution of 
                                 2002)

       At the end of subtitle E of title X, add the following:

     SEC. ___. REPEAL OF AUTHORIZATION FOR USE OF MILITARY FORCE 
                   AND AUTHORIZATION FOR USE OF MILITARY FORCE 
                   AGAINST IRAQ RESOLUTION OF 2002.

       Effective as of the date that is six months after the date 
     of the enactment of this Act, the following are repealed:
       (1) The Authorization for Use of Military Force (Public Law 
     107-40; 50 U.S.C. 1541 note).
       (2) The Authorization for Use of Military Force Against 
     Iraq Resolution of 2002 (Public Law 107-243; 50 U.S.C. 1541 
     note).

  The PRESIDING OFFICER. The Senator from Arizona.
  Mr. McCAIN. Mr. President, I understand Senator Paul is on his way to 
discuss his amendment.
  Mr. President, I ask unanimous consent for the following Members to 
be recognized for debate: 15 minutes for Senator Cardin, 5 minutes for 
Senator Murphy, 7 minutes for Senator Moran, and 15 minutes for Senator 
Paul, and that following Senator Paul, Senator Corker be recognized.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. McCAIN. For the information of my colleagues, in approximately 45 
minutes, the Senate will have a vote on a motion to table the Paul 
amendment, which means around 12:15 p.m.
  The PRESIDING OFFICER. The Senator from Maryland.
  Mr. CARDIN. Mr. President, earlier this week, we commemorated the 
16th anniversary of the attack on our country on September 11. It was a 
day that I think none of us will ever forget. We were attacked, and we 
wanted to take all necessary action to protect our country and go after 
those who perpetrated this attack against America.
  I was part of the Congress at that time and was part of the Congress 
that passed the 2001 authorization for the use of military force that 
was targeted toward Afghanistan, and I was part of the Congress that 
when we took up the 2002 authorization for use of military force 
against Iraq, I voted against that authorization.
  It has now been 14 years after the U.S. invasion of Iraq and the end 
of the Saddam Hussein regime. Yet we still have the authority for the 
use of military force against Iraq, and it is still being used. It is 
time for that authorization to end. I take this time to support Senator 
Paul's efforts to put a termination date on the 2002 authorization and 
to put a termination date on the 2001 authorization.
  The 2001 authorization was the first we passed. It was done virtually 
unanimously. There was some objection, but very few, because we wanted 
our country to hold those responsible in Afghanistan for the attack 
against America. That authorization is now 16 years

[[Page S5254]]

old. Let me read for my colleagues exactly what that authorization 
said, what we passed 16 years ago:

       That the President is authorized to use all necessary and 
     appropriate force against those Nations, organizations, or 
     persons he determines planned, authorized, committed, or 
     aided the terrorist attacks that occurred on September 11, 
     2001, or harbored such organizations or persons, in order to 
     prevent any future acts of international terrorism against 
     the United States by such nations, organizations or persons.

  That is the authorization. It is pretty specific. It is pretty 
specific to go after those who were responsible for the attack against 
the United States that was centered in Afghanistan, and it was used for 
that purpose. Our military took action against Afghanistan as a result 
of the attack against our country, and that was authorized by Congress.
  It is hard to understand how you can get from the reading of this 
authorization of the use of military force today as congressionally 
authorized against ISIS in the Middle East, in Africa, or anywhere in 
the world, but that is the interpretation that has been given to the 
action of Congress in 2001. I think that interpretation cannot be 
defended.
  Congress has a responsibility to act. We have a responsibility to 
specifically authorize the new threats that we have against our country 
and what military force is appropriate. That is our responsibility. 
This is a different threat than we saw 16 years ago. It is our 
responsibility to give congressional authorization for the use of 
military force. Some say it cannot be done. Well, if it can't be done, 
then we don't agree on the authorization of force.
  Let me just remind my colleagues that the Senate Foreign Relations 
Committee, over 3 years ago, passed an authorization for the use of 
military force. We came together in our committee, and I know Senator 
Kaine and Senator Flake have worked on a proposal that is certainly 
much more focused toward the current circumstances. Some of us may have 
amendments to that, some of us may disagree with it, but that is the 
debate we should be having. There should be no debate that the 2001 
authorization does not apply to our current circumstances.
  We should pass an authorization that is tailored to allow the 
President to effectively go after the direct threats to the United 
States. That is our responsibility. We owe it to the American people 
and we owe it to the men and women who serve in our military to give 
them clear authority from Congress in their military operations. There 
clearly needs to be direction given by Congress. We have seen an abuse 
of the 2001 authorization, so we need to be pretty clear.
  I must tell you that I have heard over and over again from our 
generals that there is no military-only victory against ISIS. We can't 
win this by a military victory alone. We need to make sure that there 
are leaders in countries that protect their citizens, not only their 
physical security but good governance in their human rights.
  We have new challenges we need to deal with--cyber threats against 
the United States. We are concerned about a physical caliphate; now we 
are concerned about a virtual caliphate as we take more and more of the 
territory away from the ISIS forces. So that is what we need to do.
  Senator Paul's amendment gives us that opportunity by saying quite 
clearly that the 2001 and 2002 authorizations need to end--need to 
end--that we don't today have clear authorization from Congress to 
pursue the military campaign against ISIS, and we need to have that.
  There are some who say: Well, what happens if we don't meet that 
deadline? Well, let me tell you something. The President has plenty of 
authority. Read article 2 of the Constitution. He has the inherent 
power to protect our country and our national security, and he can take 
action in order to do that.
  I was particularly struck as to why we need the Paul amendment when I 
received a letter in my capacity on the Senate Foreign Relations 
Committee from Secretary Mattis and Secretary Tillerson. You see, the 
Senate Foreign Relations Committee was having meetings, trying to 
figure out how to proceed on the authorization for the use of military 
force. During one of those meetings, we had the opportunity to have 
Secretary Mattis and Secretary Tillerson before us, and we had a candid 
discussion about what type of authorization would make sense. It was 
done in a closed setting so we could have a candid discussion, and I am 
not going to reveal the specifics because I thought that is what we 
should be doing. But I can tell you, I left with the impression that 
there was room for Congress to work with the administration on the 
authorization of force, and I was hopeful that we were going to have an 
open hearing in the Senate Foreign Relations Committee, the committee 
of jurisdiction, on the AUMF.
  We had similar discussions under the Obama administration. As a 
result of those discussions, President Obama submitted to Congress what 
he believed would be an appropriate authorization for the use of 
military force. That authorization was never taken up, but he asked for 
it.
  Well, just recently, we received notice from Secretary Tillerson and 
Secretary Mattis that the President does not want Congress to adjust 
the authorizations because he has adequate authority to do what he 
wants to do. I understand that. If you take their interpretation--it is 
not just this administration; it is prior administrations' 
interpretation of the AUMF--they have a blank check. But that is not 
our responsibility being carried out.
  We are the ones who are responsible for the authorization of force, 
not the President of the United States, and according to this 
President, he has blank-check authorization from Congress.
  So it is our responsibility to make sure that when our men and women 
are sent into harm's way, they have direct authorization from the 
Congress of the United States unless, by the way, there is an urgent 
situation that requires the President to act, which he can do under 
article 2.
  So I urge my colleagues that we have a chance to start this debate 
right here and now by supporting the Paul amendment, and I intend to do 
that.
  With that, I yield the floor.
  The PRESIDING OFFICER. The minority whip.
  Mr. DURBIN. Mr. President, I want to stand in support of the 
statement just made by my colleague from the Commonwealth of Maryland. 
He knows, as I know, that our responsibilities as U.S. Senators include 
important votes. Some of the votes we cast will blur into history, and 
we will be hard pressed to remember them. But certainly any vote 
involving sending America to war is a vote you will never forget--at 
least not this Senator. Many of those votes cast over the years in the 
House and the Senate have created sleepless nights before the vote 
because you understand that even under the best of circumstances, 
people will die as a result of your vote. Not just the enemy but even 
our own risk their lives and die in defense of the United States.
  It was 9/11/2001 when this U.S. Senate was faced with the awesome 
responsibility of voting to go to war. There were two votes. The first 
was on the invasion of Iraq. There were 23 of us--22 Democrats and 1 
Republican--who voted against the authorization for the use of force 
and the invasion of Iraq. I continue to believe that when it comes to 
foreign policy, it is the most important vote that I have ever cast. 
Twenty three of us voted no.
  The second vote was on the invasion of Afghanistan and a different 
vote completely. We had just gone through 9/11, and 3,000 innocent 
Americans had been killed. The images are still in my mind--and will be 
until I die--of what I saw as a result of that heinous attack, that 
atrocious attack by terrorists on the World Trade Center, on the 
Pentagon, and, of course, what happened in the fields of Pennsylvania.
  So the vote came to the floor, and they basically said: When it comes 
to the invasion of Afghanistan, we are going after the people 
responsible for 
9/11. I joined every other U.S. Senator of both political parties in 
voting yes. We had to make clear to terrorists around the world that 
when you strike the United States, you will pay a price. We will hunt 
you down, we will find you, we will bring you to justice or bring you 
to your end on Earth. I voted for it, and I knew it was the right thing 
to do. That is what I was sent here to do.
  Little did I realize, having cast that vote 15 or 16 years ago, that 
I wasn't

[[Page S5255]]

just voting to go after the terrorists responsible for 9/11; I was 
voting for the longest war in the history of the United States of 
America, a war that continues to this day in Afghanistan. I don't think 
there was a single member of the Senate--either party on the floor--who 
would have believed that was what we were voting for. It has happened.
  To date we have lost almost 2,400 American lives, tens of thousands 
have been injured in Afghanistan, billions and billions of dollars have 
been spent, and there is no end in sight. Who is responsible for that? 
Ultimately, Congress is responsible for that. The Constitution and the 
people who wrote it made it clear that we have the responsibility to 
declare war. It is a responsibility that may have clarity in the 
Constitution, but it is one that we don't accept willingly in most 
circumstances. Most Members of the Senate will acknowledge that 
constitutional opportunity and authority, but they don't want to cast a 
vote for fear that they are going to vote an incorrect way as history 
will judge.
  Now we have a proposal by Senator Paul of Kentucky. It is one that I 
think should be supported by every Member of the Senate. What it says 
is this: Within 6 months, the authorization for the use of military 
force we voted for so long ago is going to be eliminated, and we, in 
that period of time, have to come up with a new authorization that 
reflects the new reality of the threat against the United States. That 
is our constitutional responsibility. The President, as Commander in 
Chief, always must step up and defend America, but when it comes to the 
declaration of war, that is the responsibility of Congress.
  I will be supporting this effort by Senator Paul. I believe it is 
consistent with our constitutional responsibility, and I believe it is 
also time for us to renew the debate as to our future in Afghanistan, a 
war that has claimed so many American lives, created so many 
casualties, and cost us so dearly. It is time for us, on behalf of the 
American people, to engage in that debate again.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Connecticut.
  Mr. MURPHY. Mr. President, first let me lend my support to efforts to 
bring amendments before the floor later today or later this week with 
respect to strengthening our Nation's ``Buy American'' laws. This has 
been a cause that I have been working on for almost my entire career in 
the U.S. Congress, and it is about time we start making sure that when 
we are spending billions of dollars for the U.S. military, we 
prioritize American companies so that we don't allow for those dollars 
to flow overseas when we have companies in Connecticut, North Carolina, 
and Illinois that can do the work. This is important, and I hope we 
take some votes on these measures that I think will draw bipartisan 
support either this week or next.
  I do rise, though, to lend my voice, as well, to the amendment being 
offered by Senator Paul. Let me stipulate that this is an extraordinary 
amendment to sunset an authorization of military force that currently 
provides the legal authorization for our continuing military efforts to 
take out al-Qaida as they try to plan attacks against the United States 
and our allies. It is time for extraordinary measures because we have 
simply not done our constitutional duty in declaring and authorizing 
war.
  I would argue, as many of my colleagues do, that no matter how 
necessary it is for the United States to take the fight to ISIS, as we 
have in Iraq and Syria and other places around the world, that is not 
currently authorized by the U.S. Congress, and it is a fairly 
extraordinary leap of statutory interpretation to think that an 
authorization to attack al-Qaida, the perpetrators of the attacks on 9/
11, allows you then to conduct a global war with almost no limits 
against this new enemy.
  To me, if we don't reauthorize military action against ISIS, perhaps 
against other foes that we confront, then I am not sure the Congress 
will ever again authorize war. Why? It is a lot harder to authorize 
military action today than it was a century ago or 50 years ago. We 
aren't marching conventional armies across a field against one another. 
We aren't signing neat peace treaties that provide a clear end to 
hostilities. The enemy is shadowy and diffuse and perpetual, and 
victory now is harder to define than ever before. It is very easy for 
the U.S. Congress to just step back and say that authorizing military 
force is too hard. It is too difficult, so we outsource it to the 
executive branch to decide who we fight, where we fight, when we fight, 
and how we fight. That is not what the Founding Fathers imagined, and, 
in fact, there is very good reason to vest in the Congress the sole 
authority to declare war. If I thought that we were going to do this 
without the sunsetting of the existing AUMFs, then I wouldn't support 
this extraordinary measure. I have been here long enough to know that 
it is far too easy and convenient for this Congress to allow for an 
Executive, whether it be a Republican or Democratic Executive, to 
define the parameters of war and to name new enemies who have not been 
before this body for debate.

  So I think it is time for us to sunset these authorizations, and I do 
think that with that pressure, we will be able to come up with a new 
authorization that gives our military and our Executive what they need 
in order to continue the fight against groups like ISIS, while 
protecting the interests of our constituents, who, frankly, by and 
large, no matter what State they are from, do not want the President of 
the United States--this or any other--to have an unchecked ability to 
bring the fight to anyone, anywhere around the globe.
  I will just state, take a look at the way in which the President 
suggested he was authorized to take action against the Assad regime as 
evidence of how unending the current interpretation can be. The 
justification for that action was because it was next to action being 
taken against ISIS, which was authorized because ISIS has some familial 
relationship to al-Qaida. That is three or four steps removed from any 
debate this body has ever had. That is not what the Founding Fathers 
intended.
  I am going to support Senator Paul's amendment. I will then 
vigorously work with my colleagues to try to craft an authorization 
that gets the job done. It is about time.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Kansas.
  Mr. MORAN. Mr. President, thank you.
  Prior to arriving in the U.S. Senate after the election of 2010, I 
was a Member of the House of Representatives, and I am one of the 30 
percent of us in Congress today who were here in 2001 and approved the 
use of military force in response to the terrorist attacks of 9/11.
  I hate to say this at this moment because the vote is so closely 
pending, but I don't know what the right answer to this question is--
the one we face today. I firmly believe that it is the U.S. Senate and 
U.S. Congress's authority and constitutional responsibility to declare 
war. I worry that the resolution that is before us only eliminates the 
current resolutions, only eliminates the current authority. What is 
missing is the followup.
  I just heard my colleague from Connecticut indicate that he will work 
vigorously to see that we have the opportunity to vote for a resolution 
authorizing force, but in some ways we have the cart ahead of the 
horse.
  I will be the one who will always argue that it is our 
responsibility, it is Congress's responsibility to make these decisions 
as determined by the U.S. Constitution. It gives us that authority and 
that responsibility. The question in my mind is, Is it prudent to 
eliminate the authorization today before we have a new authorization in 
place? And I don't know the answer to that question.
  While I have heard my colleagues say we will work to accomplish that, 
having experienced the U.S. Senate now for the last 7 years, I worry 
that a 6-month opportunity will be forgone, those authorizations may 
not occur, and, at best, once again the U.S. Senate may be presented 
with a fait accompli, which is, here is a resolution authorizing force. 
We are out of time. The 6 months is gone. Take it or leave it.
  We will have a gun to our heads to approve, in an expeditious way, 
something that is not really what I would be supportive of. Once again, 
I will have

[[Page S5256]]

the dilemma: Do I vote for some authorization of force even though it 
is not the one that is well thought out?
  If I thought we were going to do an authorization of force, I would 
have expected it to have occurred already. I commend Senator Corker, 
the chairman of the committee, and many of my colleagues who have 
worked to put an authorization--a resolution in place and voted it out 
of committee, but no vote has occurred on the U.S. Senate floor, and no 
vote has occurred in the U.S. House of Representatives. I don't know 
whether we are setting the stage for us to be once again in a position 
of ``Here it is; take it or leave it,'' or worse than that, I suppose, 
is leaving those who serve our country in a position of not knowing 
whether their Congress supports their efforts.
  It is not as if this is prospective; we already have troops on the 
ground in Afghanistan. I just returned from Afghanistan. That was my 
fourth visit there. I was there over the Labor Day weekend. I came to 
the conclusion that we belong in Afghanistan. I don't believe this is 
about rebuilding Afghanistan as much as it is about protecting 
Americans. There are 21 terrorist organizations at work in Afghanistan, 
out to kill citizens of the United States, attack us, and we have the 
Government of Afghanistan allowing us the opportunity to be engaged in 
a battle to defeat those terrorist organizations.
  The idea that we would walk away--in fact, I heard my colleagues 
earlier talk about how long we have been there. Does anybody talk about 
how long terrorism is going to be with us? So the idea that we should 
set a parameter for our timeframe, knowing that we are engaged in a 
great battle for the future of our Nation with terrorist organizations 
that want us dead, seems to be the wrong way to look at this issue. I 
don't know what the right timeframe is, and I am saddened that we are 
still there, but it is not a matter of time, it is a matter of 
accomplishment of the mission of ending terrorist attacks against the 
United States. Nine-eleven remains fresh in my mind.
  So the issue we face is, Does this resolution offered by the Senator 
from Kentucky put us in a position in which we finally do what we are 
supposed to do, which, in my view, is authorize, declare war--not 
necessarily an authorization of use of force, but whatever that 
mechanism of authorization is, does this resolution, this vote we will 
take today, does it put us in a position to take advantage of the 
circumstance in which Congress finally utilizes its authority and 
accepts its responsibility? I don't know the answer to that question.
  We are making progress in Afghanistan. The greatest evidence of that 
to me was my visit to Bagram, to the hospital, during which I learned 
that 84 percent of the patients at the hospital are Afghani, not 
Americans.
  I support the statement of strategy by the administration in regard 
to our efforts in Afghanistan and particularly the need to deal with 
Pakistan as a sanctuary.
  The last thing I would want to do, having just returned from visiting 
with troops, including many Kansans, is make a decision today that they 
are no longer supported by Congress.
  Going to war is something that, in my view, has been too easy in the 
United States, and we have had Presidential leadership for a long time 
that has downplayed the importance of war. We have been told that it 
will be easy, that oil revenues will pay for the war. It seems as if 
our political leadership in this country wants the American citizens to 
believe that we can go to war and that they will not suffer any 
consequence or participate in any way.
  Declaring war and the authorization of use of military force by 
Congress brings the American people into this, rather than downplaying 
the significance and sacrifice. It makes certain that others, not just 
our military men and women and their families, make a sacrifice, that 
we are all in this together, and would involve Congress making a 
decision that this endeavor, whatever it is, is worth the potential 
loss of life by Americans who serve in our military.
  These are difficult and challenging but important decisions, and I 
want to work with my colleagues to find the right solution--not just to 
walk away from a resolution but to make sure we have in place something 
that gives the authority to our troops to succeed.
  Mr. President, I ask unanimous consent that Senator McCain be 
recognized prior to Senator Corker's speaking time.
  The PRESIDING OFFICER. Is there objection?
  Mr. REED. Mr. President, reserving the right to object, I ask if the 
Senator from Kansas would modify the request and I be allowed to speak 
for up to 5 minutes before Senator McCain?
  Mr. MORAN. Mr. President, I modify my request and ask unanimous 
consent that Senator McCain and Senator Reed be recognized prior to 
Senator Corker's speaking time.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  The Senator from Kentucky.
  Mr. PAUL. Mr. President, for the first time in 15 years, we are 
debating the congressional role in the declaration of war.
  We have fought the longest war in U.S. history under an original 
authorization to go after the people who attacked us on 9/11. That war 
is long since over, the war has long since lost its purpose, and it is 
long past time that we have a debate in Congress about whether we 
should be at war.
  It is the constitutional role of Congress. Interestingly, the folks 
you have heard on either side of the issue have said it is our job. It 
is what we should be doing. Yet we haven't done it for 16 years. Who in 
their right mind thinks that Congress is actually going to do their job 
without being forced to do their job?
  My resolution is actually silent on whether we should still be at 
war. My resolution simply says that the resolutions we have previously 
passed will expire. I don't believe they have anything to do with the 
seven wars we are involved with currently, anyway, but if we were to 
force them to expire, we would then have a debate.
  But for those who say: Yes, Congress should exert its authority; 
Congress should be involved in the initiation of war--they don't really 
believe that unless they are going to vote that way. What will happen 
is the continuation of the same--that we abdicate that role and let the 
President do whatever he wants.
  It is worse than that. Let's say that we were to vote for my 
resolution and that the authorization to go to war after 9/11 expired. 
Do you think any of the wars would end? No. The neoconservatives and 
the neoliberals believe the President has unlimited authority. They 
call it article II authority for war. There is some authority given to 
the President--an enormous amount of authority--to execute the war but 
not to initiate the war. The sole duty of initiation of war was given 
specifically to Congress.
  So if these authorities were to expire--the President already says: I 
have all the authority I want under the Constitution to do whatever I 
want. But that is not what our Founders wanted. Madison, if he were 
here, would vehemently disagree. Madison wrote that the executive 
branch is the branch most prone for war; therefore, the Constitution, 
with studied care, vested that power in the legislature. It was 
supposed to be difficult to go to war.
  Some wrung their hands and said: Oh, the Senate can never agree on 
any authorization to go to war. How long did it take us after Pearl 
Harbor? Twenty-four hours, and we declared war on Japan. How long did 
it take us after 
9/11? It took 3 days. We can come together as a body when we are 
attacked, when we are unified in purpose. But guess what--after 16 
years, it is difficult to determine the purpose in Afghanistan.
  Also, those who say: We need a new authorization, but it is going to 
authorize war anywhere, anytime, with no geographic limit and no time 
limit--basically they would be authorizing everything we are doing now 
and not putting any limitations on it. We are in Yemen. We are aiding 
and abetting the Saudi war in Yemen. Yet there has been no vote on it. 
Seventeen million people live on the edge of starvation because of the 
Saudi blockade and bombing campaign. We are aiding and abetting that. 
Yet there has been no vote here in Congress.
  Look, we have problems here at home. These wars are costing trillions 
of dollars. They are unauthorized. We

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have not voted on them. And I say, look, let's pay attention to some of 
the problems we have here at home. We are going to have a $150 billion 
tab for the Hurricane Harvey damage in Texas. Yet we continue with 
unauthorized, unconstitutional, undeclared war. I think it is time to 
think about the problems we have here at home. I think it is time to 
think about the $20 trillion debt we have. But we still have this 
wringing of hands and gnashing of teeth, saying: What if Congress 
doesn't do its job? What if we allowed this authorization of force to 
expire and we didn't get another one?
  The thing is, that is abdicating your constitutional duty. The duty 
is to do what is within your constitutional duty. It is not to say: 
Well, the other Congressmen won't do their job, so I am not going to do 
my job.
  Our job is to enforce, obey, and execute the Constitution. The 
Constitution says Congress shall declare war. It doesn't say the 
President can go to war anytime, anywhere around the globe. It says 
Congress shall declare war. So for the first time in 15 years, we are 
debating whether Congress has a role in this.
  Those who vote no against my resolution are basically voting--even 
though they will say otherwise, they are voting to say: Well, let's 
just let the status quo go on. The President can do what he wants. It 
is too emotional, it is too controversial to debate war. So we will 
keep letting the President do whatever he wants.
  My vote is to grab power back. My vote is to say: The Senate has 
prerogative here. The Constitution gives the power to the legislature. 
That is what this vote is about. It is about grabbing back the power to 
declare war and saying this is a Senate prerogative. So the majority, 
in all likelihood, will say: No, we do not want to do that. We think 
that would risk some war somewhere, sometime.

  That is the point. We should be debating where we should be at war. 
Should we be at war in Somalia? Should we be at war in Libya? Should we 
be at war in Yemen? Should we be at war in Iraq, in Syria, in 
Afghanistan?
  Look, President Obama ran on ending the wars; yet he ended up taking 
the war and bombing campaign to seven countries without his having any 
authorization. Intriguingly, the left was relentless in criticizing 
George Bush; yet George Bush did come to Congress. We had a vote to go 
after those who attacked us on 9/11. We had an ill-fought campaign with 
regard to the Iraq war, but we did actually vote on it. We have not 
voted for a generation. Should one generation be able to bind another 
generation?
  Realize that, if we do not force these authorizations to expire, this 
war could go on forever. This is 1984. This is George Orwell's saying 
that Oceania has always been at war with East Asia and then, a month 
later, his saying that Oceania has always been at war with Eurasia--
because no one is stepping up to say no. That is what Congress is 
supposed to do. We are supposed to be a voice that debates and asks: 
Should we go to war? It is part of doing our job, but the only way to 
get Congress to do its job is to actually let these expire.
  We should have a full-throated debate over who initiates war. There 
is no murkiness to the Constitution. The Constitution is explicit. The 
power of the initiation of war--the declaration of war--lies with 
Congress, but the war in Afghanistan has gone on for 16 years now. Our 
young men and women who will be fighting in the war in the next year or 
so were not yet born on 9/11. We have long since killed the people who 
perpetrated 9/11. With the killing of bin Laden, there is no person 
left in the leadership of al-Qaida or the Taliban who was around at 
that period of time. Yet we say: Well, it is still the Taliban. If you 
are going to say that we are going to fight until the end of time--that 
we are going to have a perpetual war until the end of time--and that we 
are going to kill every radical Islamist in the world, it is an 
impossibility.
  I would say, at the very least, let's have a debate. If that is your 
purpose, if that is your goal, and if that is what you stand for, step 
forward, and let's have a debate. Let's debate the war in Yemen. Let's 
debate the war in Somalia. Let's debate whether we should be bombing 
people in Nigeria. Let's debate whether we should be in Syria, Iraq, 
Iran, Afghanistan. Let's have a debate about all of these different 
wars. Let's not just muddle on and say: Oh, the President can do what 
he wants.
  Realize that the people in this body who are for perpetual war do not 
even think we should have any role in it. They tell me quietly every 
day that the President can do whatever he wants under article II of the 
Constitution. That is absolutely false. Read the Federalist Papers. 
There is extensive debate over the war-making power. From Washington, 
to Adams, to Jefferson, to Madison, they all said very explicitly: We 
give this power to Congress because we fear the perpetual wars that we 
have seen in Europe. We fear the wars of brother fighting brother and 
brother fighting cousin within these royal disputes that went on 
endlessly in Europe. He set up our founding document to try to make war 
difficult, but when we have been attacked, it has been easy to come 
together. For 9/11, virtually unanimously, we came together within 3 
days. For Pearl Harbor, it was within 24 hours.
  What I would say to my colleagues is: Do your job. This is your 
constitutional role. Let's let these expire, and over the next 6 
months, let's debate whether we should be at war and where.
  I, for one, am one who says that we should oppose unauthorized, 
undeclared, unconstitutional war. At this particular time, there are no 
limits on war. The 9/11 proclamation has been interpreted so widely 
that it could mean anything. You have people who interpret it widely, 
but you also have people who say that the Constitution says that the 
President can do anything. This is not what our Founding Fathers 
intended.
  I am proud to be a part of and an instigator of the debate. For the 
first time in 15 years, the full Senate will vote on whether we have a 
role in initiating war, whether we should continue to be at war, or 
whether we should even vote on whether we should continue to be at war.
  I urge the Senate to adopt my amendment, which would be a 6-month 
moratorium--a 6-month sunset--on the 2001 and 2002 resolution so that 
we could then have the real debate. But mark my words: Those who will 
come out and say that they are for the real debate are not really for 
it unless they are willing to sunset it, because we have been going for 
16 years without having a real debate. There will be no real debate on 
war unless we pass this resolution.
  I yield back my time.
  The PRESIDING OFFICER (Mrs. Ernst). The Senator from Rhode Island.
  Mr. REED. Madam President, Senator Paul has been relentless in doing 
something that has to be done, which is the revision of the AUMFs from 
2001 and 2002. Yet there is sort of a simple notion that you cannot 
replace something with nothing, and we have nothing. This is 6 months 
of more time when, in the last 16 years, even at the request of a 
President, we have not been able to come together as a Senate. I don't 
know where the House is on this, but I think that it is equally 
befuddled in providing the kind of specific language we need for an 
AUMF.
  This would be a different debate and a different vote if we were to 
have before us an actual AUMF that would immediately supersede the 
existing authorities. Without such an AUMF, we are going to cause 
confusion, and we are going to cause disruption among our forces and 
our allies. In my having spent a little bit of time in the Service, 
when there is a possibility that in 6 months you will have to cease 
operations, you begin planning almost immediately for those operations. 
By the time we get around to actually even considering this--since I do 
not think there are any plans to do it immediately--we could see 3 or 4 
of those months evaporate. With each passing day, the concerns about 
redeployment and repositioning and authorities become more pressing to 
the military. Not only that, but even if they are sophisticated in 
understanding that it is not yet the law of the United States, our 
allies will read this--will see it--as a signal that we are weakening 
in our cooperation.
  What we have seen over the last several months, in Iraq particularly, 
has

[[Page S5258]]

been effective Iraqi indigenous forces in close cooperation with U.S. 
special operations and other forces, and they have made progress. They 
will have political blowback in Baghdad and Kabul, especially if this 
provision passes. Then I think, very adroitly, our adversaries will 
take advantage of this. The newspapers and the social media that they 
control--and, unfortunately, they control a great deal in all parts of 
the world--will make this very simple: the United States to leave, the 
United States restricting authority. Those are the practical 
consequences.
  Again, this would be an entirely different debate and an entirely 
different vote, I think, if we were looking at a real replacement for 
the AUMFs of 2001 and 2002. So I would urge my colleagues to think not 
just about the constitutional imperatives--the congressional 
authorities to declare war, the Presidential authorities under article 
II--but to think about the practical and almost immediate consequences 
to those in the field, to our allies, and also of the possible ways in 
which this act could be used by our adversaries.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Arizona.
  Mr. McCAIN. Madam President, I want to discuss the amendment, which 
has to do with the importance of the authorization for use of military 
force in the ongoing U.S. operations against violent extremist 
organizations.
  First of all, it is important to acknowledge why our current fight 
against terrorism is necessary. Earlier this week, we commemorated the 
anniversary of the September 11 terrorist attacks, which took the lives 
of thousands of innocent Americans, shook our Nation to its core, and, 
importantly, brought us together in common resolve to make sure that 
kind of tragedy would never, ever happen again.
  In pursuit of that noble goal, thousands of brave men and women in 
uniform are currently deployed in Afghanistan, Iraq, and many other 
places. No matter what else we do in this body and on this legislation, 
we must always ask ourselves if we are doing everything we can to 
support those servicemembers as they risk their lives to defend us.
  At the same time, we must recognize the ways in which the current 
conflict is different from when Congress passed the first authorization 
for use of military force in 2001. The landscape of the global fight 
against terrorism has changed dramatically with the emergence of ISIS 
and the spread of the threat beyond Afghanistan and Iraq. That is why I 
and many others have long called for updating the AUMFs.
  Yet the nature of the conflict remains the same: Terrorist 
organizations continue to warp the religion of Islam and promote a 
radical ideology to recruit new fighters and plot violent attacks as 
part of their jihad against the United States of America and all that 
we stand for.
  As chairman of the Senate Armed Services Committee, I am open to a 
process that would develop a new AUMF specific to the current fight 
against ISIS and other terrorist organizations as identified by the 
administration. I would be very willing to work with my colleagues, 
including the chairman and ranking member of the Foreign Relations 
Committee, as well as the Senator from Kentucky, to ensure that the 
legislation proceeded under regular order and included hearings, a 
committee markup, and a floor amendment process that ensured that each 
Member of this body was able to have his or her voice heard.
  Haven't we had enough of bringing things to the floor without 
hearings, without amendments, without debate? I am confident that an 
overwhelming bipartisan majority of my colleagues would agree to 
approve the use of military force against the vicious, brutal enemy 
that we face in ISIS and its associated forces.
  The amendment before us now falls far, far short of that process. 
Repealing the 2001 and 2002 AUMFs without simultaneously passing a new 
authorization would be premature, it would be irresponsible, it would 
threaten U.S. national security, and it would inhibit our democracy-
building efforts abroad.
  As we speak, we have troops deployed overseas who are engaged in the 
fight against ISIS, al-Qaida, the Taliban, and other violent extremist 
organizations. Repealing the existing AUMFs without having a 
replacement would jeopardize the legal authority for ongoing military 
operations. I cannot stand by silently as this body considers taking 
any action that would put our currently deployed servicemembers at 
risk.
  It is also important to recognize that adopting this amendment would 
embolden our enemies and would send a signal to the members of the U.S. 
Armed Forces who are serving in Afghanistan, Iraq, and elsewhere that 
Congress and the American public no longer support their mission and 
their sacrifice. We cannot send that message, because it is not true.
  In closing, I agree with those who support this amendment that the 
time has come for a new authorization for use of military force in the 
global fight against terrorism, but this amendment is, simply, not the 
way to do it. Rather than repealing the existing AUMFs without passing 
a new authorization, I urge my colleagues to work together on a new, 
bipartisan AUMF that addresses the threats we face today.
  There are many Members on both sides of the aisle who have been 
working together on AUMFS, including the chairman of the Foreign 
Relations Committee. That is a process in which I would be proud to 
participate, and it is one that would honor those who are currently 
deployed in harm's way, fighting to make sure that our Nation never 
sees another day like 9/11. But I cannot support anything that fails to 
provide our men and women in uniform with everything they need--
including the legal authority--to keep our Nation safe.
  The PRESIDING OFFICER. The Senator from Tennessee.
  Mr. CORKER. Madam President, I agree with so much of what the Senator 
from Arizona just said.
  We are getting ready to go through a procedural motion that I just 
want to briefly explain. Senator Paul has offered an amendment. I would 
prefer that we have an up-or-down vote on this, personally. I do not 
support the amendment for many of the reasons that Senator McCain just 
laid out. But in order for Senator Paul--I am doing this out of respect 
for his desire to have a recorded vote. I am going to move to table his 
amendment, which allows him, per Senate rules, to actually get a vote. 
If it were just a straight up-or-down vote, he would have to have 
unanimous consent for this to occur. He cannot get that. So this is not 
a hostile act. He is sitting right beside me, and he understands what I 
am doing.
  I am going to move to table this shortly. I do not support the 
substance of this amendment. I agree that we need to take action on an 
AUMF, even though the administration believes--and I agree with them--
that they have a legal basis to do what they are doing now against 
ISIS, per the 2001 and 2002 AUMFs. I agree with that.
  I am all for updating the AUMFs. Our committee intends to do so. 
There has been a bipartisan amendment offered by committee members 
wherein we hope to take up an AUMF. But doing away with the legal basis 
by which we are going against ISIS today, before we have implemented 
and put in place another one, to me, is not prudent. It would mean we 
would immediately need to begin winding down our operations, and it is 
not in our national security interests to do so.
  So out of a courtesy to the Senator from Kentucky, who serves on our 
committee, I move to table the Paul amendment No. 871, and I ask for 
the yeas and nays.
  This will allow him to have a recorded vote.
  With that, I yield the floor.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The question is on agreeing to the motion.
  The clerk will call the roll.
  The bill clerk called the roll.
  Mr. CORNYN. The following Senator is necessarily absent: the Senator 
from Florida (Mr. Rubio).
  Further, if present and voting, the Senator from Florida (Mr. Rubio) 
would have voted ``yea.''
  Mr. DURBIN. I announce that the Senator from New Jersey (Mr. 
Menendez) and the Senator from Florida (Mr. Nelson) are necessarily 
absent.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?

[[Page S5259]]

  The result was announced--yeas 61, nays 36, as follows:

                      [Rollcall Vote No. 195 Leg.]

                                YEAS--61

     Alexander
     Barrasso
     Blunt
     Boozman
     Burr
     Capito
     Carper
     Casey
     Cassidy
     Cochran
     Collins
     Corker
     Cornyn
     Cortez Masto
     Cotton
     Crapo
     Cruz
     Daines
     Donnelly
     Enzi
     Ernst
     Fischer
     Flake
     Gardner
     Graham
     Grassley
     Hassan
     Hatch
     Hoeven
     Inhofe
     Isakson
     Johnson
     Kennedy
     Lankford
     Manchin
     McCain
     McCaskill
     McConnell
     Moran
     Murkowski
     Perdue
     Portman
     Reed
     Risch
     Roberts
     Rounds
     Sasse
     Schatz
     Scott
     Shaheen
     Shelby
     Stabenow
     Strange
     Sullivan
     Thune
     Tillis
     Toomey
     Warner
     Whitehouse
     Wicker
     Young

                                NAYS--36

     Baldwin
     Bennet
     Blumenthal
     Booker
     Brown
     Cantwell
     Cardin
     Coons
     Duckworth
     Durbin
     Feinstein
     Franken
     Gillibrand
     Harris
     Heinrich
     Heitkamp
     Heller
     Hirono
     Kaine
     King
     Klobuchar
     Leahy
     Lee
     Markey
     Merkley
     Murphy
     Murray
     Paul
     Peters
     Sanders
     Schumer
     Tester
     Udall
     Van Hollen
     Warren
     Wyden

                             NOT VOTING--3

     Menendez
     Nelson
     Rubio
  The motion was agreed to.
  The PRESIDING OFFICER. The majority leader.


                Amendment No. 545 to Amendment No. 1003

  Mr. McCONNELL. Madam President, I call up amendment No. 545.
  The PRESIDING OFFICER. The clerk will report.
  The senior assistant legislative clerk read as follows:

       The Senator from Kentucky [Mr. McConnell], for Mr. McCain, 
     proposes an amendment numbered 545 to amendment No. 1003.

  Mr. McCONNELL. Madam President, I ask unanimous consent that the 
reading of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

  (Purpose: To strike the section relating to the treatment of storm 
              water collection systems as utility systems)

       Strike section 2814.
  The PRESIDING OFFICER. The majority whip.


                      Hurricane Harvey Devastation

  Mr. CORNYN. Madam President, the rain is no longer falling in 
Houston, but the streets are still being flooded as the Corps of 
Engineers lets water that threatens the integrity of dams located north 
of Houston out of those dams, actually reflooding some of the 
neighborhoods that previously have been flooded, even after the rain 
has stopped for a number of days now.
  The weight of Hurricane Harvey is still pressing down on my home 
State of Texas, where many are struggling for some good news and a 
breath of fresh air. The latest numbers that I have seen are that 
roughly 100,000 people have lost their homes, 70,000 are still living 
in shelters or in motel rooms, others are living with friends and 
family, and more than 700,000 people have registered for individual 
assistance with the Federal Emergency Management Agency--more than 
700,000.
  With the water drained in most parts of the city and the area, mold 
is the next thing that pops up in buildings and houses, and then come 
the mosquitoes. The mosquitoes aren't just a nuisance. They are a 
public health hazard as well. We happen to live in an area of the 
United States where the particular mosquito that carries the West Nile 
virus and the Zika virus is present. So this represents a public health 
challenge as well.
  These are just some of the aftereffects that I heard about as I 
traveled the State last week. Those are the more localized problems. As 
we know, there are others that spread far beyond brick homes and 
ranches with barbed-wire fences. For example, the challenges, the 
coordination, and the logistical support among many actors were usually 
some of the biggest problems that we saw demonstrated with Hurricane 
Katrina.
  Having learned the lessons of Hurricane Katrina, I can't tell you how 
proud I am of the great collaboration, consultation, and support that 
we have gotten from the President at the Federal level and all the way 
down to the State and local leadership, which have stepped up and I 
think made all of us proud.
  While some say it takes a village, my experience in Texas is that it 
also takes an army. Indeed, Harvey's devastation has been so vast 
across swaths of the State that we have called in help from our Armed 
Forces. Members of our military have served crucial roles throughout 
the storm and continue to do so now that the waters have begun to 
recede. These include the U.S. Coast Guard, Marine Corps, Army, Navy, 
and Air Force. More than 12,000 Texas National Guardsmen were activated 
by Governor Abbott alone, and thousands more have been sent from other 
States to help out in the rescue and recovery effort.
  What did these troops do in their Humvees, helicopters, their 
amphibious boats, and warships? They did a lot. The Army National Guard 
alone delivered more than 75,000 pounds of hay to flooded ranches and 
stranded cattle. Other troops showed up to provide medical services and 
disaster relief supplies. They assisted with debris management, route 
clearance, and--in scenes we have all seen on TV--heroic search and 
rescue operations. That is not all. They provided surveillance aircraft 
so that imagery could be provided to FEMA of the impact area while 
State Guard members ensured that people who were evacuated were part of 
an emergency tracking system. These members of our military are 
responding to Hurricane Irma in Florida as well.

  Earlier this week, the Pentagon sent ships, aircraft, and, of course, 
fuel to the region to help. So our military has helped in ways that 
perhaps most of us don't really appreciate. They don't exist just to 
fight and win our wars; they respond to natural disasters like 
Hurricanes Harvey and Irma as well. And thank goodness they are there 
to do that. As the past few weeks have shown, there is always a risk of 
unforeseen events, and with them, our troops are being stretched 
awfully thin.
  We know the importance of making sure that this week and next, we do 
everything we can to demonstrate our real support for our men and women 
in uniform by passing the National Defense Authorization Act. That is 
why this is so important this week, because not only does it affect our 
readiness, as I said earlier, to fight and win our Nation's wars in 
places around the world, it is also important to our ability to respond 
to natural disasters like Irma and Harvey.
  The NDAA, in addition to natural disasters, allows us to address 
ongoing readiness challenges that we have inherited in the attempt once 
again to cash the peace dividend when there is no peace.
  My colleague and friend Mac Thornberry, chairman of the House Armed 
Services Committee, has spoken about just how dire this situation is. 
He is just one of many voices on this topic. He calls past inaction a 
``funding paralysis.'' The financial straitjacket he is referring to, I 
might add, is one we desperately need to break out of when it comes to 
funding and equipping and training and preparing our military to be 
ready when we call them.
  Today, I want to emphasize several amendments I plan to file to the 
NDAA, the National Defense Authorization Act. They will help make sure 
that America is safer and, importantly, take steps to correct some of 
the foreign policy mistakes we saw under the previous administration. 
Let me talk about three of those amendments.
  The first amendment focuses on countering the world's foremost 
sponsor of terrorism--Iran. The amendment targets Mahan Air, that 
country's largest commercial airline. That airline has repeatedly 
played a role in exporting terrorism to other places around the world.
  Mahan is a government-controlled airline parading as a commercial 
enterprise. You can go online right now and purchase a ticket to fly to 
nearly 40 international airports on Mahan Airline, including ones in 
countries with which we have a visa waiver agreement. Yet Mahan Air 
supports the efforts of Iran's Islamic Revolutionary Guard to ferry 
weapons and personnel to Syria and Iraq and supports Hezbollah as well. 
In order to operate, it bypasses normal security procedures, omits 
information from flight manifests, and falsifies documents for 
maintenance purposes. In so doing, it undercuts the interests of the 
United States

[[Page S5260]]

and, of course, our ally in the region, Israel.
  Today, Mahan Air is working to add more international airports to its 
flight patterns, including several in Europe. Given its links to 
terrorist activity, we have to consider the potential security risks to 
Americans who fly in and out of airports where Mahan operates.
  My amendment would require the Department of Homeland Security to 
compile and make public a list of airports where Mahan Air operates and 
would require the Department of Homeland Security to assess what added 
security measures should be imposed on those flights.
  I hope my colleagues would agree that this is a commonsense proposal, 
and I hope they will join me in supporting it.
  The second amendment I want to talk about involves a different kind 
of flight risk. This one is domestic instead of international. It 
addresses the development and the deployment of wind turbines and other 
structures surrounding our military installations, particularly where 
our pilots train and fly. Some of them are being built along flight 
routes in Wichita Falls, Corpus Christi, and elsewhere, both in Texas 
and in other States, such as New York.
  Currently, base commanders have no say and have no real opportunity 
to indicate the risks these wind farms, which are in close proximity to 
military training, pose to pilot training and other operations. 
Commanders are really in the best position to understand the nature of 
the training that needs to be done and to offer suggestions about how 
risks can be mitigated, if not eliminated entirely.
  My amendment would preserve the voices of the base commanders in the 
evaluation process. It would require those base commanders impacted by 
a proposed wind turbine project to weigh in explicitly regarding 
possible risks, including risks to our ability to train and make ready 
our pilots but also problems with radar and other ways that it is not 
only a danger to our military men and women but also to civilian 
aircraft as well. Clearly, base commanders have expertise and knowledge 
that must be considered during the proposed construction projects in 
close proximity to their installations. Their voices are vital.
  I hope our colleagues will join me in supporting this amendment and 
ensuring that our base commanders are always heard when it comes to 
security risks and threats to readiness.
  Finally, the third amendment I want to talk about is one that would 
grant tax-free status to U.S. troops deployed in the Sinai Peninsula in 
Egypt.
  Last year, with the House Homeland Security Committee, I had the 
chance to visit an international peacekeeping force comprised largely 
of American troops deployed to the Sinai. I can tell you from having 
spoken to them, our troops there play a strategic role in maintaining 
the peace in that critical region. Their work is often difficult, and 
it is always dangerous. The North Camp is located just 15 miles from 
the Gaza Strip. Troops there face mortars, rockets, and explosive 
attacks, and a number have been wounded during patrols.
  By granting our troops on the Sinai tax-free status, we can put them 
on equal footing with other American troops who are deployed in war 
zones like Afghanistan and Iraq and other similarly dangerous hot spots 
around the globe. All of them enjoy the same tax benefit when stationed 
in those combat zones, and what we would like to do is establish equal 
footing and parity for these Americans troops engaged in international 
peacekeeping missions there in the Sinai. Extending this measure of our 
appreciation will also serve to bolster morale, you can believe me.
  Colleagues, I hope you will join me in supporting these Sinai 
peacekeeping servicemembers, who put their lives on the line to keep 
the peace, by passing this measure.
  I hope that after an open amendment process, we will be able to get 
other commonsense amendments added to this legislation before we pass 
it next week.
  I know that Senator McCain, the chairman of the Armed Services 
Committee, always says we have never failed to pass a national defense 
authorization bill, and we shouldn't start this week or next. I hope we 
will pass the bill. I am glad to offer these three amendments and would 
welcome support from all of our colleagues.
  With that, I yield the floor.
  I suggest the absence of a quorum
  The PRESIDING OFFICER (Mr. Sullivan). The clerk will call the roll.
  The senior assistant legislative clerk proceeded to call the roll.
  Mr. COONS. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. COONS. Mr. President, I would like to speak briefly about the 
amendment just voted upon by this Chamber, an amendment brought forward 
by Senator Paul.
  As my colleagues know, the Paul amendment would have repealed the 
2001 authorization for the use of military force, or so-called AUMF, 
which authorized military operations against al-Qaida and the Taliban. 
It would also repeal the 2002 AUMF, which authorized operations against 
Saddam Hussein and Iraq. These repeals would take effect 6 months after 
the adoption of the 2018 National Defense Authorization Act.
  Senators of both parties owe it to the men and women of our Armed 
Forces to debate in public the merits of continued conflict against 
ISIS, al-Qaida, and the Taliban in places such as Afghanistan, Iraq, 
and Syria, where the brave men and women who serve us and keep us safe 
are currently engaged in service to our Nation and our security.
  I am very sympathetic to my colleagues' concerns about the potential 
consequences of repealing the 2001 and 2002 authorizations. I don't 
want our troops fighting overseas to see our debate on this amendment 
as a lack of support for their vital mission. I don't want to see our 
enemies emboldened.
  I, however, chose to support the Paul amendment, but my commitment to 
our troops and my commitment to defeating our enemies is as strong as 
ever. This body can and must immediately get to work to craft a legal 
authorization relevant to our current conflict. That is why I supported 
the Paul amendment, which would have provided a 6-month window to allow 
Congress to demonstrate oversight, vigorous review of the status of our 
military operations around the world, and to pass a new authorization 
relevant to our current national security threats. In other words, it 
would have required Congress to do its job.
  Although the Paul amendment was tabled, I look forward to continuing 
to discuss this important and pressing issue with my colleagues on the 
Foreign Relations Committee, where it should more appropriately be 
debated, and bringing it forward for a final vote in this Chamber.
  If we are to do our job under the Constitution of the United States, 
we owe those who fight and serve and strive to keep us safe nothing 
less than clarity about Congress's willingness to do its job under the 
Constitution and our willingness to consent to the actions that are 
essential to keeping us safe.


                                  DACA

  Mr. President, debating and passing a new AUMF is not the only policy 
area in which Congress needs to get to work. Because of the difficult 
decision by the Trump administration to end the Deferred Action for 
Childhood Arrivals Program, or DACA Program, Congress has just 6 months 
to pass a legislative fix for the nearly 800,000 Dreamers in the United 
States today.
  Let me start by thanking many other colleagues who have already come 
to the floor to give a voice to our Nation's Dreamers. I am proud to 
stand with them and speak to this important issue today.
  Since 2012, the DACA Program has helped more than 750,000 Dreamers 
work, study, and contribute to our society free of the constant fear of 
being forced to leave the only home they have ever known. Many of these 
young men and women are our classmates, coworkers, colleagues, and 
folks who are just as American as any one of us because that is what it 
means to be an American, whether you have been here a month, a year, a 
decade or seven generations. Those who are willing to serve, to 
contribute, to engage in our society, to pay taxes, to play by the 
rules, we welcome as Americans. These are people who were brought to 
our country as children without authorization but through no fault of 
their own.

[[Page S5261]]

In my view, they deserve the opportunity to demonstrate that they want 
to contribute to our community and our country and to come forward and 
live their lives out of the shadows and as proud Americans.

  DACA provided these Dreamers with that security, but the President's 
announcement to end the program has left them in a state of uncertainty 
and fear. I am eager and willing to work with my colleagues on both 
sides of the aisle to pass comprehensive immigration reform, but 
targeting this group of overwhelmingly hard-working and tax-paying 
Dreamers is not the way to fix our broken immigration system. In my 
view, it is, in some ways, a capitulation to the harshest, most 
nativist, anti-immigrant forces in our country.
  I believe Americans are strengthened by welcoming immigrants and 
refugees into our country. I believe this as someone who understands 
that immigration has strengthened our economy. I believe this because I 
know America was founded largely as a nation of immigrants and thrives 
because of its diversity, not in spite of it. I believe this as well 
because of my faith, which calls on all of us to welcome the stranger 
and the foreigner. Dreamers frankly aren't strangers at all. They are 
already our neighbors whose lives and freedom are now in jeopardy. We 
are talking about young men and women serving in our military, 
graduating near the top of their classes, working as doctors, teachers, 
engineers, and first responders.
  When we talk about Dreamers, I think it is important to talk about 
specific people, so allow me to share with you the stories of three 
young Dreamers in Delaware. First, we are talking about Estephany 
Martinez-Gonzalez, a current sophomore at Delaware State University who 
is studying criminal justice and plans to join our law enforcement 
community as a police officer. She was brought to Winder, GA, in 2003, 
when she was just 8 years old. She and her sisters today are all 
enrolled in college, and Estephany even earned a scholarship due to her 
high achievements in high school.
  When we talk about Dreamers, we are talking about Roman Guadarrama, a 
30-year-old Delawarean who has been in the United States since 1994. A 
young soccer star, he was being scouted for collegiate scholarships 
while in high school, but he never saw college as a possibility for him 
because he knew he was undocumented. In 2013, taking advantage of the 
opportunity offered by the previous administration, he stepped forward 
and enrolled in DACA, was able to obtain a driver's license and take 
classes at Del Tech College in my home State of Delaware. The DACA 
Program, he says, gave him a whole new outlook on his future and 
allowed him to finally pursue his dreams in the country he knows as 
home.
  When we talk about Dreamers, we are talking about people like Indira 
Islas, pictured here to my right. Indira came to the United States at 6 
years old, in 2004, with her parents and two younger sisters. Now a 
college student at Delaware State University, Indira has said:

       Home to me is Gainesville, Georgia. It always has been and 
     it always will be. It is home because I poured out my heart 
     into that town.

  She is studying in Delaware to become a pediatric oncologist, as her 
own parents once were, but fears that her family could be torn apart 
before she is able to fulfill her dream of treating children with 
cancer.
  Delaware alone, our small State--one of the smallest of the 50--is 
home to 1,400 Dreamers just like Estephany, Roman, and Indira. Without 
them, the United States would lose nearly $90 billion in GDP every 
single year. Let me say that again, without the Dreamers, studies 
suggest that we would lose tens of billions of dollars in American GDP 
every year. The economic impact would be significant in every State 
across the Nation because of the role Dreamers have played in our 
Nation's economic, social, and cultural fabric. Now, some States may be 
more remote and rural and have a smaller population of Dreamers; 
whereas, in others they are very large, but across the country as a 
whole, it is undeniable they have contributed to our economy.
  Just listen to the American CEOs who came forward last week to voice 
their support for finding some legal path forward for these Dreamers. 
From the Koch brothers to Mark Zuckerberg, U.S. business leaders 
respect and appreciate the hard work, the contributions, and the 
potential of our immigrant brothers and sisters known as Dreamers.
  It is not just their economic contributions that moves me to speak 
this morning; Dreamers also help keep us safe. That is because 
approximately 900 men and women in the U.S. Armed Forces are able to 
participate in serving our Nation because of the DACA Program. Most of 
these individuals applied for the Military Accessions Vital to the 
National Interest, or MAVNI, pilot program which selects immigrants who 
possess vital skills for our national security to serve in the 
military. These very individuals include physicians, nurses, and those 
with skills in critical Middle Eastern and Asian languages like Arabic 
and Chinese. They are vital to the success of the U.S. military and to 
our national security. Should we have recruited them, trained them, 
supported them, deployed them, and now because of an abrupt change in 
national policy reject them and deport them? I think not.
  Dreamers like Indira are American. They grew up here, they have gone 
through a rigorous process to become a part of this program, and they 
want, from this point forward, to play by the rules and to succeed. I 
am calling on my colleagues in Congress to protect the lives of our 
Dreamers and pass the Dream Act. I am grateful to Senators Durbin and 
Graham for their bipartisan efforts to move this bill forward, and I am 
proud to join them in supporting this effort.
  We know we can't count on the administration at this point to protect 
the 800,000 Dreamers who know no home but the United States. As is 
appropriate, the job falls to us, to Congress, to take up this issue, 
to act, and to legislate. We cannot let them down.
  Thank you.
  I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The senior assistant legislative clerk proceeded to call the roll.
  Mr. THUNE. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                               Tax Reform

  Mr. THUNE. Mr. President, last week I came down to the Senate floor 
to talk about the need for tax reform. One of the most important things 
we can do to help our economy and American families recover from years 
of economic stagnation under the previous administration is to reform 
our Tax Code.
  The Tax Code affects every aspect of our economy. It affects how much 
money you have left over to save or invest. It affects whether a new 
business can get off the ground. It affects whether an existing 
business might have the money to raise wages or to hire new employees. 
It is often the determining factor in whether American jobs go 
overseas.
  Right now our Tax Code isn't doing much to help anybody. It is 
increasingly strangling our economy, depressing job and wage growth and 
new business creation, pushing American jobs overseas, and is placing a 
heavy burden on working families who see far too much of their 
paychecks going to Washington, DC.
  That is why Republicans are making tax reform a priority this fall, 
and we are hoping the Democrats will join us. Last week I mentioned the 
five principles that will guide any Republican tax reform legislation. 
Any bill we pass will have to do these things: No. 1, result in 
increasing wage and economic growth; No. 2, provide tax relief for the 
middle class; No. 3, keep good-paying jobs here at home; No. 4, 
increase American competitiveness in the global economy; and, finally, 
it has to simplify the Tax Code.
  Last week I spent some time discussing the first principle, which is 
increasing wages, jobs, and economic growth. This week I would like to 
take a few minutes to focus on the second; that is, providing tax 
relief for the middle class.
  Hard-working Americans have had a hard time of it in recent years. 
Wage growth was almost nonexistent during the Obama administration. A 
recent

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survey found that 50 percent of people in this country consider 
themselves to be living paycheck to paycheck. Families who once looked 
forward to a secure future have found themselves wondering where the 
next mortgage or rent payment is coming from or if they will be able to 
afford to put anything toward their kids' college savings or toward 
their retirement. Fortunately, there are a lot of tax relief measures 
we can take that will help middle-income families, and any plan for 
relief has to start with lowering tax rates for the middle class. The 
Federal Government is simply taking too much money each month from 
working families.
  We need to fix that. American families can do a much better job 
spending their money than Washington bureaucrats. Any new tax bill 
needs to leave more money in Americans' wallets--money they can put 
toward their family's needs in paying for a child's braces or saving 
for college.
  Relief for American families starts with lowering the tax rate, but 
it doesn't end there. There are other things we can do to help hard-
working families. Closing loopholes and ending a variety of special 
interest tax breaks will boost our efforts to significantly lower 
rates. Also, simplifying family-focused provisions of the Tax Code will 
make them easier for families to access.

  We need to look at provisions like the earned-income tax credit and 
the child tax credit to make sure they are delivering the tax relief 
Congress intended and to look for ways to make them more efficient and 
effective.
  Education tax benefits are another example of an area in which tax 
reform can deliver for middle-income families. Currently, there are 
more than a dozen separate tax provisions relating to education, from 
the American opportunity tax credit to 529 savings accounts, and, of 
course, these provisions come with approximately 100 pages of IRS 
instructions, special forms, and schedules, not to mention the 
professional tax preparer whom too many families have to hire to figure 
it all out. We can certainly do a better job than that. Simplifying and 
possibly consolidating the education provisions of the Tax Code could 
allow more families to take advantage of these provisions, and it could 
significantly reduce the time families have to spend in trying to 
obtain these benefits.
  Another thing we can do is make sure the Tax Code encourages savings 
and investment. We will be taking a look at the tax treatment of 
retirement savings to ensure that it maximizes the ability of 
individuals to achieve secure retirements.
  Another thing we need to do is to finally do away with the 
alternative minimum tax. This tax, which was originally designed to hit 
the very wealthiest Americans, eventually ballooned to ensnare huge 
numbers of the middle class.
  While Congress has partially fixed this problem, too many families 
still have to waste time in calculating their taxes twice--once for 
their regular returns and once to see if they have to pay the 
alternative minimum tax. Imagine the frustration of having to do this 
extra calculation, only to find out that you do not owe the alternative 
minimum tax. But if you do not spend the time or hire a professional to 
figure it out and decide to take your chances, you will certainly hear 
about it from the IRS if you guess wrong, usually with penalties and 
interest.
  While Congress has acted to protect a lot of middle-income taxpayers, 
there are still middle-lass families who find themselves having to pay 
the alternative minimum tax. It is time to eliminate this tax, which 
has long outlived its original purpose.
  There are a lot of other things we can do to make the Tax Code better 
for middle-lass families, and throughout this process, Republicans are 
going to make sure that hard-working Americans are at the forefront of 
our efforts. We know that American families do the best job of spending 
their own money, and any tax reform bill we pass will allow them to 
keep more of their hard-earned dollars.
  Mr. President, before I close, I would like to spend a couple of 
minutes talking about the National Defense Authorization Act, which we 
are considering here this week.
  Our military often got the short end of the stick during the Obama 
administration, and we have a lot of work to do in order to bring our 
military back up to full readiness and to modernize our resources. 
Recent events, from the increased aggression of the North Korean regime 
to the anniversary of September 11, remind us of the importance of 
making sure our military is ready to meet any threat.
  A key element of keeping the peace is in making sure we have the 
military strength to deter aggressors. Take North Korea. Our main focus 
needs to be on a diplomatic solution to the growing tensions in the 
region, but, as the President has made clear, the full strength of the 
U.S. military is and has to be at the ready to protect American 
interests and those of our allies. The Air Force has conducted show-of-
force exercises, which have featured B-1 bombers from South Dakota, to 
deter North Korean aggression.
  While we continue with our diplomatic efforts, we need to make sure 
we project the kind of overwhelming strength that would make North 
Korea think twice before trying to engage the United States. Needless 
to say, we also need to maintain robust capabilities on the defensive 
side. That is why I have submitted an amendment to the National Defense 
Authorization Act to require that we test our ground-based midcourse 
defense anti-ballistic missile system twice a year. Yes, tests may 
fail, but an increased test pace will lead to improvements and will 
ultimately ensure the reliability of our missile interception defenses.
  In addition to North Korea, we are still dealing with continued 
threats and instability in the Middle East. U.S.-led efforts against 
ISIS have had significant success on the ground, especially in Iraq, 
but ISIS's recruitment networks remain active and ever more dangerous, 
as evidenced by attacks in Europe. There are also still complex 
security challenges on the ground in Syria and Afghanistan, and we are 
continuing to deal with an Iran that has grown more defiant in the wake 
of President Obama's nuclear deal.
  On top of all of this, Russia and China continue to take advantage of 
regional instability to project power and challenge the United States 
and its allies. Russia continues to occupy Ukraine and challenge NATO, 
and it has propped up the Assad regime in Syria. Meanwhile, China is 
only halfheartedly working to keep North Korea in check, all the while 
expanding its presence in the Pacific by militarizing reefs in disputed 
waters and building up its forces.
  All of these threats underscore the importance of restoring our 
military readiness and modernizing our capabilities, and this year's 
National Defense Authorization Act takes significant steps toward 
achieving those goals.
  This bill sets policy and authorizes significant resources that will 
work to strengthen our military readiness. It includes critical funds 
for combat aircraft and munitions, new ships, and advanced technology 
development and next-generation capabilities to ensure that our 
military is the strongest fighting force in the world. It also includes 
critical funding to boost the end strength of the Army and the Marine 
Corps.
  This bill also authorizes a 2.1-percent across-the-board pay raise 
for the dedicated men and women of our military, and the bill contains 
a number of measures to improve the quality of life for soldiers and 
their families and Department of Defense civilian employees.
  This legislation also ends troubled and redundant programs and 
reduces unnecessary expenditures to ensure that taxpayer dollars are 
not being wasted and to free up funding for military priorities.
  I have introduced two other amendments to this bill to help further 
boost readiness.
  The first of these amendments seeks to optimize special use airspaces 
for our military pilots. My amendment would require a report on the 
management of special use airspaces and their use for training, with 
the goal of improving the coordination and utilization of these 
airspaces in order to meet current and future training needs.
  Additionally, so as to better position the United States to meet 
ever-changing cyber threats, I have introduced an amendment to 
establish a pilot program for a cyber ROTC. With the President's 
elevating CYBERCOM to a combatant command, it is essential that

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the Department of Defense establish additional pipelines to train more 
men and women in uniform in order to counter the mounting cyber attacks 
we are facing.
  I am grateful to Senator McCain and other Senators on the Armed 
Services Committee for their work on this bill. This bill is an 
important step forward in making sure our Nation is secure and capable 
of meeting and deterring threats.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Missouri.
  Mr. BLUNT. Mr. President, I join my colleague Senator Thune in 
talking about the Defense Authorization Act, which is the bill that is 
before the Senate right now.
  The preamble to the Constitution says that one of the purposes of the 
founding of the government was to ``provide for the common defense.'' I 
believe that the No. 1 priority of the Federal Government is to do that 
job. There have been lots of arguments about what level of government 
can better do lots of other things, but I do not hear many arguments 
about what the job of defending the country is all about or who has to 
do that job.
  When we send our troops into harm's way, it is our job to ensure that 
they have the tools they need and that they have the resources they 
need to carry out their missions. That is what Chairman McCain has done 
in this authorization bill that is before the Senate today.
  Senate passage of this bill would mark the 56th year in a row that 
Congress has passed the National Defense Authorization Act. It should 
give one some indication of how serious that job is. There are very few 
things the Congress manages to do every year, but as for the 
authorization of how we do what we do, this authorization bill provides 
the authorities that the military needs for it to defend the Nation.
  The world is a rapidly changing place. Our responsibility to defend 
freedom in that world and the freedom of Americans is something that, 
every year, needs to be carefully looked at and recalculated and 
recalibrated, which is what Chairman McCain and his committee have done 
with this bill.
  I support the bill, and I want to talk about some of the key 
provisions in the bill.
  First of all, Senator Thune just mentioned a pay raise of 2.1 percent 
for our troops. It is a pay raise they rightfully deserve. It is a pay 
raise because of the demands on the military today--the time spent and 
what we expect our military to do with fewer resources and fewer 
people. We expect them to do a bigger job, and I want to talk about 
that a little later. A 2.1-percent pay raise is a pay raise that is 
richly deserved by those who defend us.
  The bill enhances the capability of our military to defeat ISIS, to 
defeat al-Qaida, and to defeat other enemies. Even though this is 16 
years after 9/11, we still have a hard time fully understanding the 
emerging threat of these enemies--the nontraditional threat, the 
nontraditional combatant. These are things we need to continue to look 
at carefully, to adjust to, to understand their prowess on social media 
and other places and to understand what could happen there.
  This bill focuses on terrorism, cyber warfare, and the proliferation 
of weapons of mass destruction and their means of delivery.
  By the way, on cyber, the Missouri National Guard has one of the 
leading cyber defense units anywhere in the country. As I have said 
about this program before, this is a place at which the Reserves and 
National Guard can particularly do a great job because they go in and 
out of a different environment every day--going to work defending the 
utility grid, defending the financial grid--and know what those attacks 
are like as they step up and do their work as reservists or guardsmen.
  This bill ensures that our men and women in uniform have the 
equipment they need to succeed, including looking at the growing 
capacity of our enemies. We never want people who are defending us to 
be in a fair fight. We always want them to be in an unfair fight, and 
we want any advantage that could possibly be given to be on the side of 
those who defend our country and defend freedom.
  I am glad that this bill projects some of the vital things that 
happen in our State and, of course, in the Presiding Officer's State. 
Lots of things happen in Alaska, as they do in Missouri.
  This bill further advances the need to replace the national 
geospatial facility in St. Louis, where 30-plus percent of the people 
work who monitor our defense posture from the air. They are looking to 
see what is happening, when it is happening, and how it is happening. 
It is fully redundant with the facility in Springfield, VA. If one of 
those does not work for whatever reason, the other one becomes the 100-
percent provider of our geospatial activity that goes on all of the 
time.
  There is a new hospital at Fort Leonard Wood in this bill. It has 
been the No. 1 medical priority for the Defense Department for about a 
decade. This funds the first phase of the replacement of that facility.
  There is an Air National Guard training facility at Rosecrans in St. 
Joseph where our NATO allies go to learn. In recent times, 19 countries 
have come and learned the lift capacity--how to use those C-130s in the 
most effective and efficient way. That is recognized in this bill.
  The AVCRAD, which is the aviation repair facility in Springfield, MO, 
is where a $34 million investment would return $62 million in the first 
year. They are saving about $111 million at that facility every year 
now, but phase 3 in that facility would return $62 million the first 
year. I do not know that I have ever talked about a government 
investment before from which in the first 6 months you get all of the 
money back in a week or so.
  The bill also provides robust funding for A-10 maintenance. That A-10 
Reserve unit at Whiteman is where the Secretary of the Air Force just 
was, and when you are talking to troops on the ground, they would 
always like the A-10 in the air, supporting them on the ground.
  There is money here for Super Hornets to go on our aircraft carriers. 
It does not matter how many aircraft carriers you have if you do not 
have the planes to put on the aircraft carriers, and this bill 
recognizes that.
  Something that I have worked for for some time--and I know the 
Presiding Officer understands so well--is the Military Family Stability 
Act. It is in this bill, and it was in the Senate bill last year. It 
was not able to be in the final bill, but it will be in the final bill 
that the House and Senate pass this year, I am confident. The Secretary 
of Defense supports it; all of the Joint Chiefs support it; and our 
House colleagues have supported it. This is the bill that I filed with 
Senator Gillibrand about 3 years ago, which simply provides more 
flexibility for our military families.
  The strength of the military is in the military family structure. 
This allows the family to either move early or stay longer at these 
assignments. Normally, they are 2-year to 3-year assignments. Lots can 
happen in 2 or 3 years, but not everything else perfectly works out in 
2 or 3 years. So for employment reasons or for education reasons, if a 
family decides it is to their advantage to use the family support the 
military provides, with housing and other benefits, and they stay 
another 2 months to finish school, for a teaching contract to end, or 
for some other spouse activity to come to a reasonable conclusion or, 
frankly, to do just the opposite--to go to the new assignment that you 
know you already have, but to do that just a little bit earlier so that 
it works better for the family--to start school on time, to start a job 
on time, a job that just has to start when that job has to start--they 
can do that. As we have more dual-career families in the military, this 
is one of the things we can do.
  So this allows up to 6 months for the person in the service to 
determine where they would like their family benefit to be used, and 
then they become responsible for their own upkeep while they have 
either gone early or stayed late. But usually that is available. 
Bachelor officers' quarters are available at barracks on the base. 
Because of that, there is no cost to the Defense Department in doing 
the right thing.
  I want to thank Chairman McCain for the work he has done on this 
particular addition to the bill, as well as Samantha Clark on his 
staff, who has worked hard to see to it that this could be not only 
workable but easily understandable by the military. I also want

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to thank Congressman Joe Wilson and Congresswoman Susan Davis, who were 
key to including these provisions in the House National Defense 
Authorization Act. So families will see something--an opportunity here 
for them that they haven't seen in the past.
  This year's Defense authorization takes the steps necessary to 
rebuild our military, but we still have more work ahead of us.
  Sadly, this summer, we lost more than 40 servicemembers in accidents 
related to readiness challenges that are impacting the military. 
Sailors were killed aboard the USS Fitzgerald and the USS John S. 
McCain. Marines were killed after a C-130 aircraft crashed in 
Mississippi and an MV-22 Osprey crashed off the coast of Australia. 
Soldiers have been lost in helicopter accidents in Hawaii and Yemen.
  Just last week, Mackenzie Eaglen with AEI wrote: ``Troops are now 
more likely to die in `peacetime' incidents than active hostilities or 
combat.''
  That is absolutely and totally unacceptable.
  Total casualties in Afghanistan, for example, in 2015 were 22, in 
2016 were 14, and in 2017 were 11. They were all respected, and it is 
regrettable that those lives were lost. In those same years, the 
Department of the Navy lost 28 people, 22 people, and this year--not 
even over yet--43 people in accidents. We cannot let this continue.
  We have asked the military to do too much with too little for too 
long, and this bill addresses that.
  So there are numerous threats to our Nation, and it is critical that 
we not waste any more time in working to resolve our budget issues. We 
need to pass this legislation and come up with the appropriations that 
then support the authorizing bill and go back to the No. 1 priority of 
the Federal Government, which is to defend the country.
  I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from South Dakota.
  Mr. ROUNDS. Mr. President, as the Senate considers the National 
Defense Authorization Act, or the NDAA, I rise today to discuss a 
simple amendment in support of my constituents in South Dakota who are 
military retirees, as well as those in many other States who find 
themselves in a similar circumstance.
  These retirees may be disproportionately and unfairly impacted by 
increases in the TRICARE prescription drug copay increases that we find 
within the bill that we are considering today. Specifically, provisions 
in this bill will increase cost-sharing amounts for the TRICARE 
pharmacy benefits program for the years 2018 through the year 2026.
  Now, the rationale for the increases in the bill that we are 
considering today are that the savings generated from pharmaceutical 
cost-share increases can be used to improve healthcare outcomes and the 
experience of care for beneficiaries in the military health system, and 
I support that. I believe in improving the care for beneficiaries in 
the military health system. But in this particular case, the increased 
TRICARE pharmacy copays must be carefully considered to make certain 
that they could not disproportionately impact one part of the 
beneficiary population.
  Unfortunately, that would be the case for South Dakota and for other 
largely rural States with large military retiree populations that live 
too far away from military treatment facilities to easily travel to 
these facilities and to make themselves available for the prescriptions 
that are available at those facilities. Instead, these military 
retirees and their families are compelled to use the TRICARE mail order 
system or the retail pharmacies in their local communities and, in both 
cases, they would have to pay higher copays. In other words, if you 
live close to the facility, you can go to the facility and receive 
those medicines, those pharmaceuticals. But if you are farther away and 
you have to use a retail shop in your own community or use mail order, 
you would be subject, under this bill, to a higher copay cost.
  For example, a copay for a generic drug ordered through the TRICARE 
mail order system will increase by $10 in fiscal year 2018. Now, while 
this does not seem like a lot of money, those costs can add up rapidly 
if a military retiree or his family is required to make multiple copays 
for multiple prescriptions. Simply put, our military retirees who live 
more than 40 miles away from a military treatment facility should not 
be unfairly forced to pay higher copays on prescription drugs just 
because of where they choose to live.
  Under my amendment, we would take a step back. The amendment would 
freeze copay increases for TRICARE retirees and their families who live 
more than 40 miles from a military treatment facility. Additionally, 
the amendment would require the Department of Defense to actually 
assess the financial impact of the higher copays on these 
beneficiaries.
  Now, the 40-mile figure that I have chosen was not done without some 
thought. I think we were careful in how we chose the 40-mile figure. 
Forty miles is the distance used by both the Department of Defense and 
the Department of Veterans Affairs as a boundary for reasonable access 
to a healthcare facility. The Department of Defense TRICARE Prime 
program, in which care is primarily delivered through a military 
treatment facility, is available to individuals who reside within prime 
service areas, or PSAs. PSAs are locations that are within 40 miles of 
a military treatment facility.
  Similarly, the VA Choice Program, which allows veterans access to 
healthcare in local communities rather than waiting for a VA 
appointment or traveling to a VA facility, is available to those whose 
residence is more than 40 miles driving distance from the closest VA 
medical facility.
  My amendment would also set a deadline of 60 days after the enactment 
of this legislation for the Department of Defense to report on the 
financial impact of the copay increases on military retirees and their 
families.
  With the information provided by the Department of Defense, Congress 
can then rationally assess the impact of the copay increases on 
beneficiaries who live distant from military treatment facilities and 
incorporate appropriate provisions in future legislation.
  I appreciate the opportunity to discuss my amendment, which would 
rectify this unintended effect to military retirees and their families 
who live in rural parts of our country.
  Thank you, Mr. President.
  I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from Georgia.
  Mr. ISAKSON. Mr. President, I rise for two purposes--principally, to 
support this legislation and to thank Ranking Member Reed and Chairman 
McCain and the other Members of the Senate for the contributions they 
have made in the reauthorization of the National Defense Authorization 
Act.
  In particular, I want to thank our men and women in uniform, our 
command and control, our military intelligence, our weather systems in 
the military, for the tremendous aid they have provided to us in 
Georgia, to the people of Florida, the people of Alabama, the people of 
Texas, the people of Louisiana, and the people of Mississippi during 
two tragic hurricanes that have taken place in the last weeks. We think 
of our men and women in uniform every day for what they have sacrificed 
for us to defend our country and to keep us safe, but sometimes we 
forget all of the things they do to help us when we have times of 
trouble. If there were ever times of trouble, Hurricane Harvey in Texas 
and what happened in Florida with Hurricane Irma are certainly that. 
Some of those assets are based in my State of Georgia, like the search 
and rescue mission that works out of Moody Air Force Base in South 
Georgia, which has been invaluable in rescue efforts in the State of 
Florida.
  So as I come to support the NDAA reauthorization, I come also to pay 
tribute to our men and women in uniform for all they do for us in so 
many ways, not just to keep us safe but also in seeing to it that, in 
times of trouble, they are there for us.
  I want to thank my Governor, Nathan Deal, for the advanced planning 
they did to lead up to the recovery from the hurricane. In Georgia we 
lost three lives, which is tragic. We are sorry for each one, and our 
hearts go out to those families.
  Preparation by our leader, Nathan Deal, and others in the State saw 
to it that our reaction and our timeliness was excellent. I thank 
Governor Deal for doing that, as well as Georgia

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Emergency Management, in coordination with FEMA. Everywhere in Georgia 
where we had danger, we also had response for our people and for our 
State.
  I also want to talk for a second about something called JSTARS. 
JSTARS is an asset of our U.S. military and our intelligence agencies 
and a capability that is second to none in the world. JSTARS stands for 
Joint Surveillance and Target Attack Radar System, or JSTARS, and it is 
headquartered in Warner Robins, GA, at Robins Air Force Base.
  In particular, since the Gulf war and everything that has happened in 
the Middle East and ensued since then, it has been invaluable in 
command and control capabilities on the ground. It is an intelligence 
system that is unmatched by any other military of our adversaries in 
the world.
  We were informed a couple of years ago, when we started the effort to 
recapitalize the JSTARS, that there may be some movement to move away 
from JSTARS as a system to protect ourselves and have at our disposal 
for risk reconnaissance and recovery and battle management and battle 
control. I had a visit today, as a matter of fact, from the Secretary 
of the Air Force, Heather Wilson, a great lady and former Member of the 
House of Representatives, with whom I served, as well as an outstanding 
soldier and an outstanding person serving as the Secretary of the Air 
Force and part of the Joint Chiefs of Staff. She told me that the Air 
Force was looking at different ways that they might deploy 
recapitalization for JSTARS and other ways to deliver those services to 
our military personnel, which sends a signal to me that our JSTARS may 
be in trouble. The reasons for this are inexplicable when talking to 
anybody who is talking about doing it and inexplicable to me as an 
individual who knows that system well.
  Our country and our soldiers and our warfighters have benefited 
greatly on the ground and in the air from JSTARS surveillance 
capabilities. It is an aging system, but it is a great system. It is a 
system that has coordinated and delivered the coordinated messages that 
we can get nowhere else. I would submit that, if the Air Force were to 
decide that, rather than recapitalizing the existing JSTARS program, as 
we have been working toward over the last few years, they go to an 
alternative delivery system, it is probably giving up security for our 
country, intel for our men and women on the ground, battlefield 
coordination you cannot replace in any other way, and an asset that we 
have taken for granted for far too long in this country.
  So for Chairman McCain, whose service I appreciate, as well as his 
commitment to NDAA, I come to the floor to say I am with you and I will 
support you, but I want to make sure we do everything we can to ensure 
that the JSTARS and the capabilities of that mission are recapitalized 
and are there for our soldiers in the future and our military in the 
future. For us to fail to do so, to my way of thinking, would be bad 
for our soldiers, bad for our security, and bad for our country.
  I thank Ranking Member Reed and Chairman McCain for the effort they 
have put into this. I thank members of the committee for all the 
efforts they have made.
  I thank our men and women in uniform. I am glad we got a pay raise. 
It is not as much as I would have liked to see, but I am glad we got 
one. I am glad we are making a bigger investment in our military, but 
no investment that we give in money can match the investment of spirit, 
capabilities, and commitment of the men and women of the Armed Forces 
of the United States of America. I commend them today, praise them for 
their effort, and tell them: I am with you all the way.

  I yield the floor.
  I suggest the absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. WICKER. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mr. WICKER. Mr. President, at some point during the course of this 
debate on the National Defense Authorization Act, the Senate may have 
an opportunity to vote on a McCain amendment authorizing a base 
realignment and closure round.
  As Members know, I have the utmost respect for the chairman of our 
committee, and I hold him in high regard. But I will certainly be 
voting against the McCain amendment because I do not believe 
authorizing a base realignment and closure round at this particular 
time is in the best interests of the United States or the security of 
Americans. I do that for two reasons.
  No. 1, whether you agree or not that base closings are a savings in 
the long run, almost everyone will agree that in the short term, a base 
closing round costs money. So it would be costly in the next fiscal 
year and in the fiscal year after that to have a base closing round. 
This is the very time when we don't need an additional expense, because 
we are dealing with the readiness problem we have in our various 
branches right now.
  As chairman of the Seapower Subcommittee, I can tell you that we have 
readiness problems with our fleet; we have readiness problems in the 
Marine Corps--those services in which I have a particular interest in 
my subcommittee. We need that money for readiness, and we need it in 
this fiscal year and in the next fiscal year. So for reasons of the 
short-term costs that BRAC would cause us to incur, I urge my 
colleagues to vote no on the McCain amendment.
  Further, it is my understanding that the wording of this particular 
amendment takes away the commission part of a base realignment and 
closure round. If you do believe we ought to move toward this concept--
which I do not believe we should do at this point--but if you do 
believe that, then we ought to at least have the independence that a 
commission gives to the process. It is the sort of process we have had 
time and again when we have had a BRAC round. It is what we had the 
last time the U.S. Congress faced a base realignment and closure round.
  So for those two reasons, I submit to my colleagues that a ``no'' 
vote is called for. This is something we may need to discuss in 2020. 
It may be something we need to do later on, and I will be open to 
suggestions about that. But when we have a readiness crisis facing U.S. 
security at this moment, this is no time to be taking money away from 
those immediate needs. For that reason, I will be voting no on the 
McCain amendment, and I urge my colleagues to do the same.
  I yield the floor.
  I suggest the absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Ms. KLOBUCHAR. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Ms. KLOBUCHAR. Mr. President, I rise to discuss a very important 
amendment that has broad support. That is the Klobuchar-Graham 
amendment on election cyber security. It is an amendment that Senator 
Lindsey Graham and I are working to include in the National Defense 
Authorization Act. Senator McCain is supportive of this bill, and I 
understand why he is, and that is because he understands that our 
election infrastructure is a major part of our national security. If we 
can allow foreign countries to influence our elections, to hack into 
our local, State election equipment, then we do not have a secure 
America.
  As we know, recent reports show there were 21 different States in 
which Russians attempted to hack into their actual election software 
and their equipment. This is not the focus on fake news right now. This 
is not the focus on emails. This is a focus on actual attempts to hack 
into State election equipment. It is very straightforward, and that is 
why there is bipartisan support to pass this amendment to help States 
to simply strengthen their election equipment. This is not a partisan 
amendment. Some that come before this body are. As you will soon find 
out, this has broad support on the Republican side. I am asking my 
colleagues to help me pass it, to overcome the objections from one 
Senator.
  First of all, I would like to thank my colleagues Senator Lindsey 
Graham,

[[Page S5266]]

Senator Kamala Harris, and Senator Lankford for their work on this 
important issue. Senators Harris and Lankford have been working with 
us, with Senator Graham and me, and I really appreciate their work on 
this issue.
  Senator Schumer mentioned this bill in his remarks yesterday. He said 
securing our election infrastructure is a top priority, and I am 
thankful he is a champion for this amendment. As I mentioned, Chairman 
McCain and Ranking Member Reed, who are the two top Senators on the 
Armed Services Committee--that should matter--I appreciate their work 
for our Nation's defense and their work on the NDAA and the fact that 
the legislation today includes an important provision championed by 
Senator McCain. That provision says it is the policy of the United 
States to defend against and respond to cyber threats to our democratic 
system, to our system of democracy.
  Senator McCain understands that election security is national 
security. They are forever intertwined. If the people of this country 
do not have the freedom to have their say in who should be elected--
Democrat, Republican, Independent--then we have a breach to our 
national security. That is why we have such broad support to simply 
authorize State grants so they can upgrade the security of their 
election equipment.
  I am here to fight for a vote, a simple up-or-down vote--which, yes, 
I am well aware this will pass--but a simple up-or-down vote, supported 
by this amendment, both Members who lead this committee. Our election 
systems have been under attack. They have been under attack, and it 
will happen again.
  If this body wants to sit here and pretend it didn't happen, pretend 
not to believe 17 intelligence agencies and everything else, that is up 
to them, but I am not going to go home and tell my constituents I 
didn't try everything I could to get this amendment included.
  According to the Department of Homeland Security, Russian hackers 
attempted to hack at least 21 States' election systems in 2016. Earlier 
this year, we also learned that Russia launched cyber attacks against a 
U.S. voting software company and the emails of more than 100 local 
election officials.
  Last month, the Chicago Board of Elections reported that names, 
addresses, birth dates, and other sensitive information from about 1.8 
million registered voters were exposed.
  U.S. national security officials have been sounding the alarms that 
our voting systems will continue to be a target in the future. The 
former Director of National Intelligence, James Clapper, recently 
testified that Russia will continue to interfere in our political 
system. As Senator Rubio noted, maybe one time it was one party and one 
candidate and the next time it will be another. This is what former 
Director James Clapper said:

       I believe Russia is now emboldened to continue such 
     activities in the future both here and around the world, and 
     to do so even more intensely. If there has ever been a 
     clarion call for vigilance and action against a threat to the 
     very foundation of our democratic political system, this 
     episode is it.

  Vigilance--that is what this is all about.
  In order to safeguard future elections, State and local officials 
must have the tools and resources they need to prevent hacks and 
safeguard election infrastructure from foreign interference. They don't 
need those resources in 2025, they need these resources now.
  The next Federal election is just 419 days away. No, we cannot wait 
another year to do this. We cannot wait 2 years to do this. We cannot 
see if some of our States that have less money and less resources are 
able to do this on their own. This is a national issue. Four hundred 
and nineteen days might sound like a lot of time to some people, but it 
isn't. It takes time for State and local election officials to come up 
with plans for their best practices, to shore up their cyber security, 
to buy new election equipment, to hire cyber experts to make sure their 
systems are secure.
  Do you want to go vote and not know if the Russians are hacking into 
your elections, into your data, and finding out your address and whom 
you voted for? I don't think so. Time is of the essence, if we want to 
improve election cyber security ahead of 2018 and 2020. That is why I 
am fighting so hard for a vote on this amendment. It is that simple. If 
we do not act now, we leave State election officials--the people on the 
frontlines of our democratic process--without the resources they need 
to combat cyber attacks. That is not just wrong, that is 
unconscionable, and it is against the very principles of our 
Constitution. We are supposed to be a government for the people, by the 
people, not by a foreign entity.
  In order to protect our election systems, we need to do three key 
things. First, we need to bring State and local election officials, 
cyber security experts, and national security personnel together to 
provide guidance to our States on how they can best protect themselves 
from cyber attacks.
  Just try to picture a local official in Deep River Falls, MN, or 
Lanesboro, MN. Are they supposed to have the most updated data on how 
they protect their elections and what they are supposed to do? No, they 
need guidance from the Federal Government. Those recommendations should 
be easily accessible so that every information officer and election 
official in the country can access them. Many State officials I have 
talked to feel as though they are in the dark about threats to our 
election system. That can't continue.
  We need our national security officials to be sharing information 
about the potential for attacks with State officials in real time. By 
the way, a lot of those States that were hacked into still don't know 
it. They still don't have the information. I was just talking to 
Senator Warner, ranking member of the Intelligence Committee, about 
this, and that information still is not out there as it should be. So 
this means creating a framework for information sharing that acts as an 
alarm system against cyber intruders. We put alarm systems in our homes 
but not on our election equipment. Our amendment would establish that 
alarm system.
  Second, the Federal Government must provide States with the resources 
to implement the best practices developed by States and cyber security 
experts. A meaningful effort to protect our election systems will 
require some resources. I think most Americans would agree with me when 
I say that protecting our democracy from foreign cyber attacks will be 
money well spent.
  Think about the money we put into our national defense. It is 
important. We want to have a strong defense. We want to have those 
aircraft carriers. Think about that and how important that is and how 
much money that costs, and then just think about these ballot boxes in 
local places where, literally, a foreign entity can just hack in--like 
that
  Finally, we need better auditing of our elections. That means voter-
verified paper ballot backup systems in every State. This is 
fundamental to protecting our elections and improving public confidence 
in the reliability of elections. Our amendment would accelerate the 
move to paper ballots--a backup--by providing States with the resources 
they need to get there. In short, our amendment would help States block 
cyber attacks, secure voter registration logs and voter data, upgrade 
election auditing procedures, and create secure and useful information 
sharing about threats.
  This is a bipartisan amendment. I keep saying that because so often 
this discussion of the elections has turned partisan on both sides. 
This is bipartisan. I am doing this with Senator Graham, and we are not 
alone. Senator Harris of California and Senator Lankford of Oklahoma 
are also pushing for the Senate to do its job and address election 
cyber security. Representative Meadows, the leader of the House Freedom 
Caucus, and Democratic Congressman Jim Langevin introduced companion 
legislation in the House--the leader of the Freedom Caucus. Why do you 
think they are interested in this bill that I am doing with Lindsey 
Graham? Because they believe in the idea that States should be able to 
have their own elections, and it shouldn't be federalized. They believe 
we should have safe and secure elections.
  There is strong bipartisan support for this effort outside the Halls 
of Congress as well. Dozens of former Republican national security 
officials are pushing for the Senate to pass this amendment. They have 
written op-eds, called their representatives, and

[[Page S5267]]

worked to inform the public about the need to take action now. Michael 
Chertoff, who served as Secretary of Homeland Security under President 
George W. Bush, published a piece this month in the Wall Street Journal 
calling on Congress to take action. He noted that our amendment, the 
Klobuchar-Graham amendment, would address the cyber security challenge 
in a way that is ``fiscally responsible, respectful of states' policy-
making powers, and proactive in dealing with the most pressing 
vulnerabilities.''
  Bruce Fein, a former Reagan Department of Justice official said ``the 
amendment would enormously strengthen defenses against cyber-attacks 
that could compromise the integrity of elections in the United States 
and undermine legitimacy of government.''
  A bipartisan group of former national security officials sent a 
letter to Senate leadership pushing for a vote on this amendment. They 
noted that attacks on U.S. voting systems threaten the most basic 
underpinnings of American self-government. These attacks are growing in 
sophistication and scale.
  States administer elections. If you talk to a local election 
official--and I have done this throughout my State--you will find out 
they are adamant about protecting States' rights in this area. Guess 
what. No surprise--we have their support too. A bipartisan group of 10 
Secretaries of State sent a letter urging the Senate to pass this 
amendment. They want this amendment to pass because it would provide 
vital resources to States to support the growing security demands of 
our Nation's election infrastructure.
  The National Association of Counties, a group that unites America's 
3,069 counties--these are county governments big and small that serve 
people on the grassroots level, that know what it means to be having 
people sitting at those election booths, doing their job for little 
pay, just making sure that we have free American elections. They 
support this too. They need resources and cyber expertise, and they 
need them now.
  Our decentralized election system is both a strength and a weakness. 
It is a strength because we have multiple systems and all of our 
information isn't in one place. Right? So if there is a hack in Ohio, 
maybe you don't have a hack in Minnesota. If there is a hack in one 
State, one city, maybe you don't have it in another. But we don't want 
to have a hack anywhere.
  American elections are increasingly an easy target because, on the 
other hand, many local election systems are using election technology 
that is completely outdated. Forty-three States rely on electronic 
voting or tabulation systems that are at least 10 years old.
  Think about it. We want to have these decentralized elections. That 
is what we want, but we simply have to make sure that when citizens are 
voting in both State and Federal elections for Senator, for Governor, 
for their local mayor, for their school board, their State's election 
equipment is safe and secure. That is where we come in. We don't run 
their local elections. I think a lot of Americans wouldn't want us to 
run their local elections, but what we do is make sure that elections 
are safe because those hackers over there in Russia or wherever they 
are--the thousand people who were operating in that warehouse to try to 
influence our election--don't know jurisdictional boundaries. Right? 
They will commit crimes across State lines, across county lines, across 
Federal lines, across international lines. They don't care. So we have 
to allow our State and local elections and the people who run them to 
be as sophisticated as the Russians who are trying to break our backs. 
That is what this is about.
  The fact that we have so many security experts supporting this, so 
many local election people supporting this, and the fact that Senator 
McCain is more than happy to have this included in his bill because he 
sees it as a national security issue--how can one Senator stand up and 
say no to this amendment? That is what the American people should be 
asking. Local election officials are the place to start. They are 
passionate about keeping the Federal Government out of State elections, 
and they support our amendment because it strikes the balance that our 
Federal system demands when it comes to the administration of 
elections.
  Despite the strong bipartisan support for this amendment--again, I 
ask the people or person that is blocking this vote to allow this bill 
to go forward. I am simply outraged by this. I think this is an 
embarrassment to this body if we allow this to continue. Republican and 
Democratic Senators support this amendment. Cyber security experts 
support this amendment. Republican and Democratic major national 
security officials support this amendment. The Freedom Caucus supports 
this amendment. This is a bipartisan amendment in the House, so why is 
it being blocked? I actually can't tell you. It is not one of those 
things where someone says: Oh, it isn't worth putting millions of 
dollars into this. No, when you look at all the money we are spending 
on other forms of defense, this is dwarfed by that. No one can actually 
in good faith say that is the reason, and they are actually not saying 
that is the reason. They are giving me no reason.
  I think they need to come out and tell us why they are against 
securing our elections. I think the American people deserve an answer 
for that.
  The integrity of our election system is the cornerstone of our 
democracy. The freedom to choose our leaders, knowing with full 
confidence that those leaders were chosen in free and fair elections, 
is something that Americans have fought and died for since our country 
was founded. That is why our country came into existence. We didn't 
want to have another country control our citizens' economy. We didn't 
want them to control where they went to school. My relatives came over 
from Slovenia and other places because they wanted to be able to choose 
where their kids went to school. That is the freedom of voting, and 
that is what this amendment is about.
  Members standing in the way of this bipartisan amendment to protect 
our election infrastructure are literally committing malpractice on our 
Constitution. They will have to explain to the American people and to 
the Freedom Caucus and all the supporters we have across the aisle why 
they didn't just stand up, why they didn't just do something, why they 
stood idly by and ignored the warnings of our intelligence officials. 
Do you know what? They are not going to, next summer, be able to say: I 
guess I was wrong. I will do something now.
  It will be too late then. This is the time to authorize this and then 
to get the money in place by the end of the year. It is the only legal 
way we can do this.
  When it comes to our election infrastructure, we are only as strong 
as our weakest link. A threat to one county, to one city, to one 
State's election infrastructure is an assault on our entire system 
because it fundamentally threatens the very foundation of our political 
system. We must be a united front in fighting against those who 
interfere with our democracy, and we must do everything in our power to 
prevent foreign interference from ever happening again.
  In the 21st century, our adversaries will continue to use cyber 
warfare. Everyone knows that. Anyone who has had an account at a store 
hacked into, anyone who has had someone get into their account with 
spam or send them some fake address, a fake link--everyone knows this 
is happening. In the 21st century, our adversaries will use cyber 
warfare, and we need to be prepared to defend our networks against this 
growing threat to our democracy, especially the most fundamental part 
of our political system: our elections.
  Our attitude must be to roll up our sleeves to get this done. Whoever 
is blocking this bill better come forward and explain why because the 
American people are going to demand an answer now, but they are really 
going to demand an answer when things go bad.
  Thank you.
  I yield the floor.
  The PRESIDING OFFICER (Mr. Toomey). The Senator from Montana.


                           Western Wildfires

  Mr. TESTER. Mr. President, thank you for the opportunity to speak on 
the floor.
  The images and stories we have witnessed in the aftermath of 
Hurricanes Harvey and Irma are devastating. I want to thank every 
American and every Montanan who has pitched in,

[[Page S5268]]

who has volunteered, who has donated to help the recovery efforts in 
Texas and Florida.
  I rise today to remind the country there is another devastating and 
ongoing natural disaster that is impacting thousands of families, 
costing taxpayers billions of dollars, and draining local economies. As 
the eyes of the Nation were on Florida this weekend--and rightfully 
so--Montana wildfires consumed another 150,000 acres.
  To date, we have seen over 1.1 million acres burned in Montana this 
summer. This is more than three times the 10-year average and nearly 
the size of the State of Delaware. The impact is widespread.
  The wildfires have burned farming and grazing land that is used to 
help feed this country and valuable timber that sustains good jobs in 
mills across the State. The 1.1 million acres we lost includes world-
class hunting, fishing, and hiking land, where families can escape and 
grandparents can take their grandkids to their favorite fishing hole. 
The fires have consumed favorite hiking trails and public access sites 
that help drive our outdoor economy in our State, which sustains over 
70,000 jobs a year in Montana alone. The smoke from these fires has put 
our health at risk--the health of our kids and our neighbors exposed to 
the smoke that covers the State of Montana.
  In addition to burning nearly 2,000 square miles, these fires are 
burning a hole in our budget. As of this morning, taxpayers have paid 
nearly $350 million to fight the wildfires of Montana alone. Across the 
West, that number is well over $2 billion. To make matters worse, the 
Forest Service is borrowing $300 million from other accounts to help 
fight wildfires. The Forest Service is forced to rob Peter to pay 
Paul--money that should be used to prevent fire seasons, maintain and 
improve forest trails and roads, research and development for better 
forest management policies, and to fund the work that must get done to 
make our forests more resilient--I am talking about thinning, cutting, 
removing debris. The Forest Service is also spending money that should 
be used to mitigate wildfire risk to fight fire.
  Yes, you heard me correctly. We have again entered into a vicious 
cycle, where we take money from wildfire mitigation and the 
preparedness accounts in order to pay for the fighting of wildfires 
that exist today. Each year, we spend more money to fight wildfires, 
which leaves less money to prevent wildfires. Now, this is nothing new. 
Fire borrowing is a trend we have seen for the last 20 years. With each 
passing year, as fire seasons get longer and more intense, our fire 
borrowing practice leaves an entire agency with almost no budget 
certainty or flexibility to complete its core mission. Congress has 
already paid the Forest Service more than 300 million additional 
dollars to fight fire, but I think we are going to blow well past that 
number. That might be enough for Montana alone, but we also need to be 
able to help the firefighters in California, Montana, Oregon, 
Washington, Idaho, and across the West.
  In the meantime, forest management on the ground is hamstrung, and we 
have no long-term fix for this problem. As a result, we are investing 
less in active forest management, which then leaves our forests even 
more vulnerable to catastrophic wildfires. Frankly, the Forest Service 
is becoming a firefighting agency, not a forest management agency.
  When the fire season ends, our restorative work begins but only if 
there is money in the bank to do that restorative work. I am concerned 
that without immediate action from Congress, the Forest Service's 
hollowed-out budget will not provide adequate resources to restore 
streams and prepare for spring runoffs. If the Forest Service budget 
leaves Forest Service employees handcuffed this fall, our clean water, 
along with our blue-ribbon trout streams, will be put at risk, but that 
isn't all. The impact of this fire season has been felt far beyond our 
forests.
  This devastating fire season has undercut Montana's employees and put 
jobs at risk. I have heard from small business owners who have seen 
their bottom line slashed during this fire season. A bad fire launches 
a ripple effect in the region that results in empty booths at the 
family restaurants and vacant rooms at local motels.
  Wildfires have left our air quality so hazardous that school recesses 
have been canceled, high school football and soccer games have been 
moved hundreds of miles away, and folks wear breathing masks when they 
go pick up their mail.
  Farmers and ranchers have lost infrastructure to fire, and extreme 
drought transformed a very promising spring into an underwhelming 
harvest. These impacts are real, and unfortunately they are not 
temporary. Folks in Montana will be dealing with the impacts of this 
recordbreaking fire season for many months and, in some cases, many 
years to come.
  As Congress works again to get Florida and Texas the help they 
deserve, I am here to ensure that Montanans get the resources they need 
too. Here is what this Senate and Congress must do.
  The Forest Service must be fully reimbursed for every dime they 
remove from maintenance, mitigation, and restoration accounts to fight 
wildfires. To repeat, the Forest Service must be fully reimbursed for 
every dime that was removed from maintenance, mitigation, and 
restoration accounts to fight wildfires. Why? We cannot leave the 
Forest Service with a hollowed-out budget. It is critical they have the 
resources they need to help communities recover from catastrophic 
wildfires. The Forest Service must have the tools to go through a 
public process so we can cut more trees and remove the dead and dying 
debris that fueled these fires.
  Congress must pass legislation to end the broken way we fund 
wildfires so we can treat wildfire funding just like the natural 
disaster it is.
  The third thing is, every small business and family farm or ranch in 
Montana that has suffered loss related to wildfires must have urgent 
access to the available resources at the Small Business Administration 
and at the USDA. I have personally contacted the administration to 
ensure that resources remain available for Montanans because our needs 
don't end after the wildfires are put out.
  The fourth thing is, the Senate must fast-track legislation that 
provides local governments the additional resources and mitigation 
efforts they need to recover from these wildfires. I am working on a 
bill with other western Senators to ensure States like Montana and 
other States impacted by devastating wildfires have access to adequate 
recovery resources.
  Finally, after a month of recordbreaking hurricanes and historic 
drought and wildfires, it is long past time for the Senate to have an 
honest debate about climate change. Back home in Montana, we are in the 
middle of September and there are still 21 priority fires burning and 
there are still many Montanans who need help.
  So over the coming weeks and months, as we take steps to recover from 
other natural disasters around the country, we need to work together to 
not only help those in desperate need but also move forward with long-
term solutions, solutions that will help us deal with the catastrophes, 
whether it is floods, hurricanes, droughts, or wildfires. If we are 
able to work together and get that done, we will indeed have done our 
job in the U.S. Senate.
  I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  The PRESIDING OFFICER. The Senator from Wyoming.
  Mr. BARRASSO. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                               Healthcare

  Mr. BARRASSO. Mr. President, I think it is clear to people all across 
America that the U.S. healthcare system needs reform. Premiums for 
health insurance are going up by double digits across the country. 
People living in almost half of the country only have one company 
selling ObamaCare plans. Millions of people are struggling. They are 
struggling to get coverage they can afford so they can get the care 
they need. I will state that it is all because of the healthcare law 
that the Democrats wrote and passed in Congress and inflicted upon the 
American people,

[[Page S5269]]

which raised the costs for people all across the country and limited 
their choices.

  Today the Senator from Vermont, Mr. Sanders, and other Democrats said 
they want to take this failing healthcare system even further. They 
call their plan ``Medicare for all.'' Don't be fooled. They want to 
take a plan that has government much more involved in the healthcare of 
the American people and go much further. I don't believe it is actually 
a serious plan to help fix the challenges we are facing in this 
country, but it is now the new litmus test for the liberal left. If 
this idea were ever to become law, it would mean worse care and it 
would be outrageously expensive.
  The plan the Democrats are talking about would amount to complete 
Washington control over the healthcare of every man, woman, and child 
in America, and taxpayers would have to pick up the tab.
  Supporters of putting the Federal Government in Washington, DC, in 
charge of personal healthcare decisions like to claim that this is the 
way that other countries do it as well. They like to cite as an example 
the United Kingdom. Well, a lot of people in the United Kingdom see 
their system of nationalized healthcare entering a death spiral, and it 
looks a lot like what has happened to ObamaCare.
  The waiting lines in England have recently gotten a lot longer for 
people waiting to get care. They are actually setting new records for 
how long you have to wait in line to get care in England. For emergency 
care, they have more people waiting in line in the emergency room for 
12 hours or longer. Those numbers have gone up--12 hours or longer--and 
it has gotten worse.
  Let's say you have a chronic condition, a long-term medical 
condition. To start treatment for long-term medical conditions, the 
number of people having to wait 18 weeks or longer has gone up. If 
Democrats get their way, the American people will have the same kinds 
of delays. It is inevitable. The problem isn't just the delays. If 
Washington pays all of the bills, Washington will want much tighter 
control over care.
  The Democrats' new scheme will come with a much more powerful 
rationing board. You can see it coming. In England, the rationing of 
healthcare means that certain medications are not allowed. There are 
limits on things like knee and hip operations. The same thing is true 
in Canada. Medical boards in some parts of the country have banned 
surgeries for people who are obese or who are smokers. How do you think 
that would work in the United States? Close to 40 percent of Americans 
are now considered obese. Would they all be blocked from getting 
operations that would help improve their health and quality of life? It 
is only if the rationing board were to say so.
  The British have to ration healthcare partly because of the enormous 
cost of so-called free medical care. They also have a shortage of 
people who actually provide the care. Since 2016, there has been a net 
loss of more than 5,000 nurses and midwives across the British 
healthcare system. More than a quarter of the nurses who quit cited 
disillusionment over the quality of care provided to patients. Nurses 
are quitting because of the poor quality of care provided to patients. 
It is a great concern.
  The United Kingdom ranks 20th out of 24th among Western countries for 
breast cancer survival. For survival, the United States is first. If 
you are a woman with breast cancer or a man with prostate cancer, your 
chances of survival and successful treatment are much, much greater in 
the United States than they are in Great Britain. It is not that the 
doctors in this country are that much smarter. It is that people get 
care sooner. There are not all these long waiting lines. But that will 
happen if the plan endorsed by 15 Democrats in the Senate and the 
majority of the Democrats in the House were to ever become law.
  Let's talk about stroke. For the most common kind of stroke, the 
United Kingdom is 25th out of 30 countries in terms of recovery, 
solutions, and success. The United States is fourth.
  Of course, all of what the Democrats are proposing will not come 
cheap. Democrats in California had their own scheme earlier this year. 
When the group that looks at what the cost is going to be reviewed it--
and I was in the State senate in Wyoming, and in any key piece of 
legislation, we would have to do a fiscal note, which is what it is 
going to cost--in California what they proposed would cost about $400 
billion a year. So how much does the entire State of California pay to 
run the whole State over the course of a year? What is their budget for 
the year? It is less than half that amount. So what they are proposing 
on healthcare is double what they pay for everything that the State of 
California does.
  Last year, Senator Sanders gave a rough sketch of his plan as part of 
his Presidential campaign. It would have raised Washington's total 
healthcare expenditures by $32 trillion over just the first 10 years. 
To pay for it, he wanted to raise taxes, including higher payroll taxes 
on workers. The problem was that all of these new taxes would pay for 
less than half of the government's new spending. The legislation 
written and cosponsored by Democrats in the House says that it would be 
paid for by things like--and this is in their words--``a modest tax on 
unearned income'' and a ``small tax on stock and bond transactions.''
  Remember how President Obama promised that his healthcare law 
wouldn't raise taxes on middle-class families--in his words--by a 
single dime? It turns out that the law included dozens of taxes on 
American working families, certainly including middle-class Americans 
all across the country.
  Democrats say that total Washington control over healthcare would 
make things so efficient, that it would save a whole lot of money. Does 
anyone believe that is ever going to happen?
  A lot of people have the stress of dealing between their doctor and 
their insurance company, and there are a lot of problems out there. 
Nothing in the Democrats' takeover of healthcare changes any of that. 
It just means that the people will be caught in the middle between a 
fight with their government and a bunch of unaccountable bureaucrats in 
Washington, DC. How is that better? Where will we see savings from 
that? The Democrats have no real answers, just empty promises.
  You can tell that it is not a real plan because when Democrats had a 
chance to actually vote on this idea in the Senate, they took a pass. 
In July, the Senate voted on a bill written by House Democrats. We 
brought it to the floor of the Senate during the healthcare debate and 
put it up for a vote. As to the bill that half of the Democrats in the 
House had cosponsored, they said: Let's give the Senators an 
opportunity. Every Republican voted against it, and 43 Democrats voted 
present. Democrats had a chance to stand up and vote for the idea that 
they love to talk about, but not a single Senator voted for it, 
including Senator Sanders.
  Now some of us suspected that this was where the debate over 
ObamaCare was headed all along. The healthcare law, as passed years 
ago, was so obviously flawed that there was no way it would work the 
way the Democrats promised. You had to wonder if Democrats actually 
wanted it to fail so they could push for more Washington control, more 
government control over your healthcare.
  You can call it the old Potomac two-step. When we were debating 
ObamaCare in 2009, Senator Sanders came to the floor of the Senate and 
said that a full Washington takeover of healthcare was the way to go. 
Today he is taking his shot. The ObamaCare markets are in shambles. 
There is no denying that ObamaCare failed to keep its promises. The 
American people are paying a very steep price for the failures of the 
law.
  The promises that Democrats are making about their new healthcare 
scheme are even more outlandish. When it fails, the damage will be 
catastrophic. We cannot allow that to happen to the American people.
  Thank you, Mr. President.
  I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. HATCH. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The remarks of Mr. Hatch pertaining to the introduction of S. 1803

[[Page S5270]]

are printed in today's Record under ``Statements on Introduced Bills 
and Joint Resolutions.'')
  Mr. HATCH. Mr. President, I yield the floor.
  The PRESIDING OFFICER. The Senator from Michigan.
  Ms. STABENOW. Mr. President, the National Defense Authorization Act 
before us is more than just an important defense policy bill; it shows 
what we value as a nation.
  In Michigan, we value our freedom. We cherish the rights we enjoy as 
citizens of this great country. Above all, we honor those brave men and 
women who are willing to lay down their lives to protect our freedom 
and defend our rights.
  We also value our workers and our businesses. You put Michigan's 
workers and entrepreneurs on a level playing field, and they will out-
work, out-build, and out-imagine anybody anywhere.
  I am standing here today because within the NDAA is an important 
opportunity to not just meet the needs of our national defense but also 
to help create good-paying American jobs in Michigan and across the 
country. It is true that we can't have a strong economy without a 
strong military, but it is also true that when we invest in businesses 
that are creating good-paying jobs here at home, we are improving our 
own security. I have seen evidence of this in Michigan.
  In 2015, I was honored to lead the first-ever instate Michigan 
delegation to tour all of our State's military installations. We 
started at Selfridge Air National Guard Base, which has just celebrated 
100 great years of service to our Nation. We then went to TACOM/TARDEC, 
which--both are the people on the front lines for our Army with 
research as well as making sure they have the vehicles and the supplies 
and everything they need to be able to do their jobs and protect us. We 
went to Camp Graying, Battle Creek, and Fort Custer. We saw firsthand 
how critical their work is, not just for our national defense but also 
to Michigan's economy and jobs.
  During the past 2 years, I have had the opportunity to visit over 120 
small businesses all around Michigan. That is a very inspiring thing to 
do--talking with people who put their own dollars and sweat and tears 
into creating a business, products and services they care deeply and 
passionately about.
  One of those visits really stood out to me--the connection between 
our defense and jobs. R.A. Miller Industries--RAMI for short--is a 
Grand Haven manufacturer of high-tech products for our military, 
including very high-tech antennas. Clear communication--the kind 
provided by RAMI's talented workforce--is critical to the success of 
military missions.
  RAMI's CEO told me that the Buy American Act--a law passed in 1933 
that gives priority to American companies when the Federal Government 
purchases goods--was no longer working. We checked into it, and it 
turns out that he was absolutely right.
  This is no small deal. The U.S. Federal Government is the single 
largest purchaser of goods and services in the world, spending some 
$450 billion annually on everything from file folders to fighter jets. 
``Buy American'' rules exist because we as a nation believe that when 
we invest taxpayer dollars to buy products, we ought to be supporting 
American companies that are creating good-paying American jobs. It is 
simple common sense, but over time, we seem to have lost some of that 
sense.
  Thanks to loopholes and waivers, American workers are missing out on 
a whole lot of jobs they could be doing, things they could be making. 
The biggest of these loopholes allows the Department of Defense to 
waive ``Buy American'' rules for products used overseas. Yes, the DOD 
uses a whole lot of products overseas. In fact, between 2001 and 2016, 
the Department of Defense spent more than $35 billion on over 150,000 
items--including motorcycles and radios and even airplane engines--that 
didn't meet ``Buy American'' rules. That is 150,000 motorcycles, 
radios, airplane engines, and more that could have been made by 
American companies like RAMI and by American workers in Michigan and 
across the country.
  That is not right. It is not smart. It makes no sense for American 
workers--certainly not for the people I represent in Michigan, where we 
know how to make a lot of different kinds of things very well--and it 
makes no sense for American taxpayers. That is why I am introducing 
three amendments to toughen up our ``Buy American'' requirements so 
that American workers and businesses come first, where they belong.
  The first amendment is simple. It would stop the overseas exemption 
in the Buy American Act and require the Department of Defense to 
prioritize products made in the United States. We know there are from 
time to time reasons why maybe we need a waiver, but we should not have 
this gigantic hole in ``Buy American'' provisions by having these 
overseas exemptions. In Michigan, our defense industry supports more 
than 105,000 jobs. It is only right that we should invest in American 
companies, not the competition.
  My second amendment would require the Government Accountability 
Office to review ``Buy American'' training practices so that contracts 
and personnel can better comply with current law.
  The third amendment would require the Department of Defense to work 
with the Manufacturing Extension Partnership, which I was pleased to 
help create years ago, to identify more small- and medium-sized 
manufacturers that can provide products that comply with ``Buy 
American'' standards.
  I know we have the businesses and the workers. We need to be paying 
attention to this and making it a priority.
  When a mom and dad in Saginaw sit down to do their taxes, I want them 
to know the hard-earned money they are spending for our national 
defense is creating jobs here at home--preferably in Michigan. At the 
same time, I want businesses and workers from Mackinaw City to Macomb 
County, Muskegon to Grand Marais, to have the opportunity to contribute 
to not just our economy but our national security.
  We all talk about how America's workers are the best in the world. It 
is time to prove that we mean it.
  The father of a former Member of this Chamber had a great way of 
saying this, and I would like to end by quoting him. This is former 
Vice President Joe Biden: ``My dad used to have an expression. Don't 
tell me what you value. Show me your budget, and I'll tell you what you 
value.''
  Unfortunately, loopholes like the overseas exemption suggest that we 
don't value American jobs, American workers, American businesses. They 
suggest that we think it is no big deal to buy products from a company 
in another country that can be made in Battle Creek, MI, or Detroit or 
Flint or Grand Rapids or anywhere across Michigan or anyplace in the 
country, for that matter. They suggest that we think it is fine to 
create jobs for workers in Munich when we have workers in Marquette, 
MI, who are just as talented, just as able, and just as ready--I would 
argue more so--to get to work to keep us safe.
  Michigan workers--American workers will out-work, out-build, and out-
imagine anyone. It is time to make sure that they are at the front of 
the line for good-paying jobs, that we are focused on making sure they 
have jobs, and that we are putting them to work.
  I am hopeful that colleagues on both sides of the aisle will support 
these amendments to move us a step forward in that direction.
  Mr. President, I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. DONNELLY. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Gardner). Without objection, it is so 
ordered.
  Mr. DONNELLY. Mr. President, I rise to discuss my legislation, which 
seeks to prevent American workers from losing their jobs and having 
them shipped to other countries.
  I have always fought to protect American workers and ensure we have 
Federal policies that benefit our workers in Indiana and across the 
country. In my home State of Indiana, our workers are being hit 
particularly hard by jobs being lost and shipped out of

[[Page S5271]]

America. Recently, more than 300 workers at the Carrier plant in 
Indianapolis were laid off, and hundreds more are slated to lose their 
jobs just days before Christmas. They are not alone. Over 2,000 Hoosier 
jobs have been or are scheduled to be eliminated and outsourced at nine 
different companies.
  These are more than just statistics. These are moms and dads, sisters 
and brothers, husbands and wives, our friends, our neighbors, and folks 
we go to church with, men and women who get up in the dark and go home 
in the dark, working hard every single day to take care of their 
families, to give everything they have to try to make their company a 
success.
  These men and women, as I said, work hard every single day. They make 
quality products, they support their families, they pay their bills, 
and are working hard to save enough to retire with dignity, and now 
they are losing their jobs because those already highly profitable 
companies would rather squeeze out that last dollar in profits by 
paying less to foreign workers. I have met and spent time with Hoosier 
workers whose jobs are being outsourced. They are not looking for a 
handout. They just want an equal shot, a level playing field, and the 
opportunity to provide for their families.
  I met them on the Sunday after the announcements were initially made 
at Carrier. I spent time with them, talked to them. One of our young 
men in a military uniform of our country, standing up and serving our 
Nation, had just been laid off, with his job being shipped elsewhere. 
He and fellow workers have fulfilled their part of the American 
promise--a promise that if you work hard and you help your company 
succeed, you will be able to keep your job, you will earn a decent 
living, you will be able to put a roof over your family's head, and you 
can send your kids to school to have an even greater shot at the 
American dream than you and then retire with dignity.
  This is the basic promise of America--the promise of shared success 
of our workers and our companies. It is now in question. American 
companies need to live up to their part of the bargain as well, and 
many already do.
  As a U.S. Senator, I have a responsibility to working families, to 
taxpayers, and to our economy. It is critical our laws and policies 
encourage businesses to invest in American workers and American 
communities and penalize those who ship jobs to foreign countries. That 
is why, earlier this year, I introduced the End Outsourcing Act, which 
is based on three principles:
  First, Federal contracts, funded by taxpayers, should go to companies 
that employ American workers. This ensures that Federal contracting 
policy takes into consideration whether companies have outsourced 
domestic jobs.
  Second, companies that do send jobs to foreign countries should 
forfeit tax breaks and incentives. It is fundamentally unfair that when 
companies leave for a foreign country, they can then write off the 
moving costs involved and hand the bill to American taxpayers for their 
very costs of heading out the door. This legislation claws back 
incentives and prohibits companies from receiving tax breaks for 
outsourcing jobs.
  Third, Federal policy should encourage businesses to invest here at 
home, in our towns and in our cities--not only in Indiana but across 
the country. My legislation creates tax incentives for companies that 
relocate foreign jobs back to rural or struggling communities. We 
should encourage job growth in these towns and these places. When 
companies bring jobs back home, we should support them for helping spur 
economic investments and growth.
  I have spoken with President Trump about this several times, even as 
recently as last night, and he has been very supportive.
  Today I am offering a simple amendment--an amendment which would 
require companies bidding for Federal defense contracts to disclose in 
their proposals whether they have outsourced more than 50 jobs to a 
foreign country in the previous 3 years, and it would allow contracting 
officers to take into consideration a company's outsourcing practices 
when awarding Federal contracts--just like price, just like quality, 
just like delivery. It would be one more element so the people of 
America can get the very best deal.
  Put simply, our tax dollars should go to companies that invest in and 
support American workers. If we are going to effectively address the 
jobs going overseas, the jobs leaving our plants, the workers like the 
ones at Carrier who were laid off and the devastating impact on 
families across our country, we need to take action here. We can start 
with the Senate passing my amendment. Preventing the outsourcing of 
these jobs and investing in our workers should be a bipartisan 
priority. Protecting American jobs and encouraging businesses to invest 
in the United States shouldn't be any controversy at all. In fact, it 
should be easy.
  While there is no single solution to prevent companies from shipping 
jobs to foreign countries, hardworking taxpayers deserve to know our 
policies line up to promote the American economy and American workers, 
investing in our workers, strengthening our middle class. We call that 
Hoosier commonsense, and there is a lot more wisdom in Indiana and in 
other States than there is in Washington, DC. In Indiana, this makes 
sense.
  I urge my colleagues to support the End Outsourcing Act when it comes 
up for a vote.
  I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The senior assistant legislative clerk proceeded to call the roll.
  Ms. BALDWIN. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Ms. BALDWIN. Mr. President, I rise to speak about an amendment that I 
have submitted to restore ``Buy American'' standards that support our 
workers and our national defense. My amendment presents an opportunity 
to work across party lines to strengthen our national security and to 
support the hard-working men and women in Wisconsin and across the 
country.
  In fact, President Trump supports exactly what my amendment seeks to 
achieve. In addition, the Parliamentarians have confirmed that my 
amendment is germane postcloture. Given that the President agrees with 
me and the amendment is germane, I am calling on the Republican 
leadership to schedule an up-or-down vote on my amendment so that 
Senators have a chance to show their support for the workers who help 
keep America secure.
  Let me explain what my amendment would do. The National Defense 
Authorization Act would eliminate a number of important ``Buy 
American'' laws for certain critical defense components for Navy ships 
and other defense programs.
  My amendment, entitled the Supporting America's Defense Workers Act, 
would prevent the elimination of these critical ``Buy American'' 
protections, which give preference to American companies for government 
contracts funded with taxpayer dollars. It is a commonsense ``Buy 
American, Hire American'' policy that supports our domestic industrial 
base, our workers, and our national and economic security.
  Current law requires that certain critical components like valves, 
air circuit breakers, machine tools, anchor chains, propellers, 
passenger buses, chemical weapons antidotes, and photovoltaic devices 
be supplied by American companies or certain qualified companies 
located in closely allied countries, such as Canada.
  Section 863 of the Defense bill would enact a harmful sunset 
provision on these current requirements, eliminating them entirely at 
the end of fiscal year 2018 and consequently opening up taxpayer-funded 
defense contracts to unfairly subsidized foreign competition and 
placing American jobs at risk.
  Opening these procurements up to foreign sources would have the 
additional effect of undercutting American steel and iron producers 
because foreign manufacturers of these components do not use U.S.-
sourced raw materials. Section 863 would weaken these sectors of the 
U.S. defense industrial base and jeopardize the stability of companies 
located in States across this country and the manufacturers of those 
components. This would, in turn, harm our military's ability to rely on 
secure and stable sources of critical defense components in an 
increasingly

[[Page S5272]]

dynamic global security environment. If domestic sources for critical 
defense components exit the market, our military could be forced into 
relying on countries that don't share our interests, including 
strategic adversaries like China or Russia, for parts and supplies.
  I want to emphasize that my amendment does not add any new 
requirements or preferences to defense acquisitions. Rather, it 
maintains the existing requirements that have worked for years to 
create a secure supply of critical parts for our Nation's defense.
  Again, to be clear, my amendment does not force the Department of 
Defense or the individual services to do anything that they are not 
already doing. Indeed, DOD and the services have complied with these 
requirements for years without complaint and without injury, and it is 
important to note that these domestic content requirements can be 
waived. They can be waived for cost; they can be waived for schedule or 
noncompetitive reasons. In other words, the government retains 
flexibility under these laws.
  Strengthening our defense industrial base should be a bipartisan 
issue. In fact, as I mentioned earlier, President Trump has said that 
he agrees with me. He registered his opposition to section 863 in his 
Statement of Administration Policy, which states: ``The Administration 
strongly objects to Section 863.''
  The Trump administration goes on to say:

       The existing procurement requirements act as a key 
     guarantor of strategic supply chain security. They protect 
     DOD's ability to reliably source goods such as chemical 
     weapons antidotes and components for naval vessels, among 
     others.

  Eroding ``Buy American'' requirements also runs counter to two 
Presidential initiatives--President Trump's Executive order directing 
the Pentagon to strengthen domestic manufacturing capabilities and his 
``Buy American and Hire American'' Executive order to better enforce 
current domestic content laws.
  I believe we must take steps to ensure that American products are 
prioritized when American tax dollars are being spent. Domestic 
preferences help our manufacturing sector and ensure that critical 
products meet our high standards. This is particularly important when 
we are talking about defense products used to ensure that our 
servicemembers are safe and effective.
  In sum, voting for my amendment means voting not only for the 
creation of well-paying American jobs but also for ensuring that the 
items used by our men and women in the military are of the highest 
quality and will continue to be available.
  This amendment is supported by the American Shipbuilding Suppliers 
Association and the Alliance for American Manufacturing.
  A strong defense industrial base means a strong and secure America. 
My amendment has the bipartisan support of President Trump, and I 
believe it deserves a vote and the support of all of my colleagues in 
the Senate.
  I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The senior assistant legislative clerk proceeded to call the roll.
  Mr. BLUMENTHAL. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Lee). Without objection, it is so ordered.


                                  DACA

  Mr. BLUMENTHAL. Mr. President, we have seen the chaos and confusion 
created by the President's rescission of DACA that has created a 
humanitarian crisis in our country. That statement may seem like an 
exaggeration, but, for me, it is very clearly a statement of fact. I 
know it because I have seen it.
  I held an emergency field hearing on Monday morning, and I listened 
to the stories of Dreamers--young people brought to this country, many 
of them before they could even say their own names, let alone know 
where they were going. This country has given them education, a place 
to live, a sense of freedom, and a sense of future. That future now is 
cut short. They have been threatened with deportation in just 6 months. 
Their employers, their universities, their communities have no idea 
whether they can stay and continue their lives, productively and 
importantly to them and their communities, those workplaces and schools 
where they currently give back. They not only live and work here, but 
they give back.
  Maybe, most importantly, there is the promise that has been made to 
them--the promise that was made to them when they came forward and they 
provided the United States of America with information--some of the 
most personal information that exists--about their Social Security 
number, their birth date, their address, and their family. The promise 
to them was that information would never be used against them and that 
they had a place here for the time that DACA guaranteed it. That 
promise now is about to be broken.
  Great countries do not break promises. The United States is the 
greatest country in the history of the world. It should not be breaking 
promises to innocent young men and women who know only this country, 
speak only this language, have friends here alone, and actually 
families here. This rescission of DACA threatens to tear apart 
families, decimate lives, and create disarray and derailed futures. We 
are a country that is better than this rescission. We are and remain a 
country that keeps its promises.
  At our hearing, I heard from young men and women like Carolina 
Bortolleto, originally from Brazil, brought to the United States when 
she was 9. She has lived in Connecticut for 19 years. She knew she was 
undocumented, but what she didn't know was that getting a job after 
school, a driver's license, applying for scholarships and financial aid 
for colleges would be out of bounds for her.
  Seven years ago, she graduated from college with a degree in biology, 
but she was stuck. She had a diploma but couldn't use it. To fight for 
others like her, she cofounded CT Students for a DREAM. That 
organization has grown and become a formidable and powerful advocate 
for Dreamers.
  When DACA was adopted in 2012, it changed the lives of young people 
like Carolina. It opened a new vista. She could get a driver's license 
and a job at a nonprofit where she was volunteering. She testified that 
she finally felt free and independent. She could be the person she 
wanted to be and the person the United States wanted her to be because 
she was contributing to our great Nation.
  What we know of the Dreamers is that there are many like Carolina and 
like Alejandra. Alejandra Villamares was brought to the United States 
from Mexico at age 1. She and her family first settled in a small town 
in Colorado. She recounted in her testimony difficult memories of 
growing up undocumented. She remembers her older sister coming home 
from first grade crying because she had been bullied by other students. 
She was bullied because she couldn't speak English. Her teachers also 
couldn't understand or help. She remembers her mother's anguish and 
pain when she heard about this bullying. Alejandra later encountered 
the same problems as her sister did.
  When she was 11, her father was deported to Mexico. Her mother ran 
into the threat of financial problems, and the threat of deportation 
always lingered. She told us at this hearing about this life story, 
powerful and moving, but with a seemingly happy ending because she was 
able to go to Wesleyan, one of the best colleges in the country, and 
major in film studies with a certificate in international relations.
  President Trump has put a target on the backs of these young people. 
Alejandra's happy ending will be dashed. It will be a nightmare and a 
tragedy if this order truly goes into effect.
  President Trump has thrown this ticking timebomb into the lap of 
Congress. It has potential real effects on real lives like Alejandra's 
and Carolina's and 10,000 like them in Connecticut--800,000 around the 
country--people whom the President has described as incredible and 
terrific, people whom he said he loves.
  It would be the height of hypocrisy and inhumanity to deport them. It 
would be unprecedented in our history to have this kind of massive 
ejection from this country by plane, by boat, by car, by walking. It 
would be shameful and shocking for America to force this massive 
deportation, but it would also be an absolutely reprehensible and 
unforgivable violation of our promise,

[[Page S5273]]

breaking our word, and violating certainly morality, if not law, and 
there would be legal claims based on due process and other rights that 
could be violated.
  As I said, Carolina Bortolleto is originally from Brazil, but she was 
brought to the United States when she was 9. She has lived in 
Connecticut for 19 years. Growing up, she knew that she was 
undocumented, but she didn't know what that meant until high school, 
when she saw the opportunities that her classmates could have and that 
she couldn't--things like getting an after-school job, a driver's 
license, applying for scholarships and financial aid in college.
  Seven years ago, she graduated from college with a degree in biology, 
but she felt stuck. She had a diploma but couldn't use it. To fight for 
others like her, she cofounded Connecticut Students for a DREAM, which 
has grown into a formidable organization that advocates on behalf of 
immigrants.
  When DACA was enacted in 2012, it changed Carolina's life. She got a 
driver's license, a car, a job at a nonprofit where she had been 
volunteering. She told me that she finally felt free--that she finally 
felt independent. She told me that she could be the person that she had 
always wanted to be. Finally, she could plan for her future with 
certainty. Excited about what was to come, she went to graduate school 
for a Master's in Public Health.
  She was on cloud nine--until last week, when President Trump made the 
decision to rescind DACA, threatening to take away all that Carolina 
has worked for--if we don't act.
  In New Haven on Monday, I also heard from a girl who has requested 
that I don't mention her name here. She is from Canada. When she was 4 
years old, her mother passed away in a terrible car accident. She was 
brought here with her grandmother, a hard-working nurse, who later also 
passed away. She has had to endure unimaginable loss at such a young 
age.
  She was tremendously lucky that her aunt and uncle took her in as one 
of their own. She has grown into a leader at home who helps take care 
of her cousins, acting like a second mom to them. Her dream is to 
become a lawyer, and she works hard every single day toward that goal.
  If Congress doesn't act, this ambitious young girl--who has already 
endured so much pain and suffering in her life--will be torn from 
everyone she knows. The children she helps to take care of will lose a 
mother figure. America will be robbed of a bright new lawyer.
  I have heard some people treating Dreamers as bargaining chips in a 
political battle between the two parties. I have also heard that this 
is just about ``handouts'' for a particular group of people.
  That is simply not true. Let me tell you what I know: The Dreamers I 
have met represent some of the best of America--young men and women who 
have pulled themselves up by the bootstraps, eager to build bright 
futures, and prosper, and give back to the only country that they have 
called home. They want to stay here, and we need them.
  The statistics reinforce this point: If Congress doesn't pass the 
Dream Act, we will lose nearly $500 billion over 10 years. We will lose 
$25 billion in Medicare and Social Security taxes. In my home State 
alone, we stand to lose over $300 million a year.
  It is time to do away with the myth that the Dreamers work on the 
sidelines of American society. They are woven into the fabric of this 
Nation. They drive our economy.
  As I said, Alejandra Villamares was brought to the United States from 
Mexico at age 1. She and her family first settled into a small town in 
Colorado.
  Alejandra recounted difficult memories of growing up undocumented. 
She remembers her older sister coming home from the first grade, crying 
because she had been bullied by other students because she could not 
speak English. Her teachers did not understand her either and couldn't 
help. She remembers her mother's anguish at the pain and bullying her 
daughters endured. As Alejandra entered kindergarten, she began to go 
through the same struggle.
  When she was 11, her father was deported to Mexico. Her mother ran 
into financial problems. The threat of deportation was always lingering 
in the back of her mind. Things weren't looking good.
  And yet, she told me on Monday, ``I wanted this to be my country so 
badly. One thing I knew from the bottom of my heart was that I wanted 
to stay here, and that I was an American.''
  In 2012, when DACA came into effect, she got her chance. She earned 
admission to Wesleyan, one of the best colleges in Connecticut, and she 
followed her artistic passions by majoring in film studies with a 
certificate in international relations.
  She felt more empowered to speak up and help others. She held 
sessions for her peers at her high school to tell them about the 
college application process, and later became a program coordinator of 
an educational non-profit to mentor over 200 kids to navigate the 
college application process.
  President Trump is putting a target on the backs of Alejandra and 
others like her. They will be deported if we do not pass the Dream Act.
  In just a week, the President's decision has already sown confusion 
and chaos. There have been reports of ICE temporarily detaining DACA 
recipients, including reportedly 9 in Texas on Monday. Hurricanes 
Harvey and Irma have devastated Texas and Florida, but the White House 
has not announced any extension to the DACA renewal deadline.
  The administration has also been torn between two messages. The 
President has toed an apologetic line, telling Dreamers that they have 
``nothing to worry about'' and that he will ``revisit the issue'' if 
Congress doesn't act--and yet his Department of Homeland Security has 
said that Dreamers should prepare to leave. If Congress does not pass 
the Dream Act, Alejandra, Carolina, and others will be at the mercy of 
a fickle administration. Their lives will be thrown into chaos.
  In the stories of the Dreamers, I see my father, who fled Nazi 
Germany when he was 17 with little more than the clothes on his back. 
He didn't know anyone, and he didn't speak English. He still believed 
in the promise of this country. These Dreamers believe in the promise 
of America, too.
  The character of our Nation is at stake. We must act now.
  Mr. President, I am convinced these stories are evidence that will be 
persuasive and convincing to my colleagues and that we cannot shirk our 
responsibility. We have a public trust to make America worthy of the 
American dream, to make that dream a reality for these young people, to 
make sure the Dreamers are protected against this cruel and irrational 
action that has threatened them.
  We are the greatest Nation in the history of the world. We do keep 
our promises. We must enable the Dreamers to stay. We must pass the 
Dream Act, without encumbrances or poison pills or extraneous 
amendments. We must pass the Dream Act now.
  Thank you, Mr. President.
  I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. McCAIN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                    Amendment No. 1003, as Modified

  Mr. McCAIN. Mr. President, I modify my amendment with the changes 
that are at the desk.
  The PRESIDING OFFICER. The Senator has that right. The amend is so 
modified.
  The amendment, as modified, is as follows:

  

       Strike all after the enacting clause and insert the 
     following:

     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 five 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.

[[Page S5274]]

       (5) Division E--Additional Provisions.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
Sec. 4. Budgetary effects of this Act.

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

              Subtitle A--Authorization of Appropriations

Sec. 101. Authorization of appropriations.

                       Subtitle B--Army Programs

Sec. 111. Transfer of excess High Mobility Multipurpose Wheeled 
              Vehicles to foreign countries.
Sec. 112. Limitation on availability of funds for Army Air-Land Mobile 
              Tactical Communications and Data Network, including 
              Warfighter Information Network-Tactical (WIN-T).

                       Subtitle C--Navy Programs

Sec. 121. Multiyear procurement authority for Virginia class submarine 
              program.
Sec. 122. Arleigh Burke class destroyers.
Sec. 123. Multiyear procurement authority for V-22 joint aircraft 
              program.
Sec. 124. Design and construction of amphibious ship replacement 
              designated LX(R) or amphibious transport dock designated 
              LPD-30.
Sec. 125. Modification of cost limitation baseline for CVN-78 class 
              aircraft carrier program.
Sec. 126. Extension of limitation on use of sole-source shipbuilding 
              contracts for certain vessels.

                     Subtitle D--Air Force Programs

Sec. 131. Inventory requirement for Air Force fighter aircraft.
Sec. 132. Comptroller General review of total force integration 
              initiatives for reserve component rescue squadrons.

       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.

         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. Mechanisms for expedited access to technical talent and 
              expertise at academic institutions to support Department 
              of Defense missions.
Sec. 212. Codification and enhancement of authorities to provide funds 
              for defense laboratories for research and development of 
              technologies for military missions.
Sec. 213. Modification of laboratory quality enhancement program.
Sec. 214. Prizes for advanced technology achievements.
Sec. 215. Expansion of definition of competitive procedures to include 
              competitive selection for award of research and 
              development proposals.
Sec. 216. Inclusion of modeling and simulation in test and evaluation 
              activities for purposes of planning and budget 
              certification.
Sec. 217. Differentiation of research and development activities from 
              service activities.
Sec. 218. Designation of additional Department of Defense science and 
              technology reinvention laboratories.
Sec. 219. Department of Defense directed energy weapon system 
              prototyping and demonstration program.
Sec. 220. Authority for the Under Secretary of Defense for Research and 
              Engineering to promote innovation in the Department of 
              Defense.
Sec. 221. Limitation on availability of funds for F-35 Joint Strike 
              Fighter Follow-On Modernization.
Sec. 222. Improvement of update process for populating mission data 
              files used in advanced combat aircraft.

                 Subtitle C--Reports and Other Matters

Sec. 231. Competitive acquisition plan for low probability of detection 
              data link networks.
Sec. 232. Clarification of selection dates for pilot program for the 
              enhancement of the research, development, test, and 
              evaluation centers of the Department of Defense.
Sec. 233. Requirement for a plan to build a prototype for a new ground 
              combat vehicle for the Army.
Sec. 234. Plan for successfully fielding the Integrated Air and Missile 
              Defense Battle Command System.
Sec. 235. Sense of Congress on hypersonic weapons.

                  TITLE III--OPERATION AND MAINTENANCE

              Subtitle A--Authorization of Appropriations

Sec. 301. Authorization of appropriations.

                 Subtitle B--Logistics and Sustainment

Sec. 311. Sentinel Landscapes Partnership.
Sec. 312. Increased percentage of sustainment funds authorized for 
              realignment to restoration and modernization at each 
              installation.

                          Subtitle C--Reports

Sec. 321. Plan for modernized, dedicated Department of the Navy 
              adversary air training enterprise.

                       Subtitle D--Other Matters

Sec. 331. Defense Siting Clearinghouse.
Sec. 332. Temporary installation reutilization authority for arsenals, 
              depots, and plants.
Sec. 333. Pilot program for operation and maintenance budget 
              presentation.
Sec. 334. Servicewomen's commemorative partnerships.
Sec. 335. Authority for agreements to reimburse States for costs of 
              suppressing wildfires on State lands caused by Department 
              of Defense activities under leases and other grants of 
              access to State lands.
Sec. 336. Repurposing and reuse of surplus Army firearms.
Sec. 337. Department of the Navy marksmanship awards.

                   Subtitle E--Energy and Environment

Sec. 341. Authority to carry out environmental restoration activities 
              at National Guard and Reserve locations.
Sec. 342. Special considerations for energy performance goals.
Sec. 343. Centers for Disease Control study on health implications of 
              per- and polyfluoroalkyl substances contamination in 
              drinking water.
Sec. 344. Environmental oversight and remediation at Red Hill Bulk Fuel 
              Storage Facility.

              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                       Subtitle A--Active Forces

Sec. 401. End strengths for active forces.

                       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. Clarification of baselines for authorized numbers of general 
              and flag officers on active duty and in joint duty 
              assignments.
Sec. 502. Authority of promotion boards to recommend officers of 
              particular merit be placed at the top of the promotion 
              list.
Sec. 503. Clarification to exception for removal of officers from list 
              of officers recommended for promotion after 18 months 
              without appointment.
Sec. 504. 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.
Sec. 505. Repeal of requirement for specification of number of officers 
              who may be recommended for early retirement by a 
              Selective Early Retirement Board.
Sec. 506. 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. 507. 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. 508. Clarification of effect of repeal of statutory specification 
              of general or flag officer grade for various positions in 
              the Armed Forces.
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.
Sec. 510. Service credit for cyberspace experience or advanced 
              education upon original appointment as a commissioned 
              officer.

[[Page S5275]]

Sec. 510A. Authority for officers to opt-out of promotion board 
              consideration.
Sec. 510B. Reauthorization of authority to order retired members to 
              active duty in high-demand, low-density assignments.

                Subtitle B--Reserve Component Management

Sec. 511. Consolidation of authorities to order members of the reserve 
              components of the Armed Forces to perform duty.
Sec. 512. Establishment of Office of Complex Investigations within the 
              National Guard Bureau.

                Subtitle C--General Service Authorities

Sec. 516. Report on policies for regular and reserve officer career 
              management.
Sec. 517. Responsibility of Chiefs of Staff of the Armed Forces for 
              standards and qualifications for military specialties 
              within the Armed Forces.
Sec. 518. Confidential review of characterization of terms of discharge 
              of members of the Armed Forces who are survivors of 
              sexual assault.
Sec. 519. Improvements to certain authorities and procedures of 
              discharge review boards.
Sec. 520. 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.

                  Subtitle D--Military Justice Matters

Sec. 521. Revision to Manual for Courts-Martial with respect to 
              dissemination of visual depictions of private areas or 
              sexually explicit conduct without the consent of the 
              person depicted.
Sec. 522. Technical and conforming amendments in connection with reform 
              of the Uniform Code of Military Justice.
Sec. 523. Priority of review by Court of Appeals for the Armed Forces 
              of decisions of Courts of Criminal Appeals on petitions 
              for enforcement of victims' rights.
Sec. 524. Assistance of defense counsel in additional post-trial 
              matters for accused convicted by court-martial.
Sec. 525. Enumeration of additional limitations on acceptance of plea 
              agreements by military judges of general or special 
              courts-martial.
Sec. 526. Additional proceedings by Courts of Criminal Appeals by order 
              of United States Court of Appeals for the Armed Forces.
Sec. 527. Clarification of applicability and effective dates for 
              statute of limitations amendments in connection with 
              Uniform Code of Military Justice Reform.
Sec. 528. Modification of year of initial review by Military Justice 
              Review Panel of Uniform Code of Military Justice reform 
              amendments.
Sec. 529. Clarification of applicability of certain provisions of law 
              to civilian judges of the United States Court of Military 
              Commission Review.
Sec. 530. Enhancement of effective prosecution and defense in courts-
              martial and related matters.
Sec. 531. Court of Appeals for the Armed Forces jurisdiction to review 
              interlocutory appeals of decisions on certain petitions 
              for writs of mandamus.
Sec. 532. Punitive article on wrongful broadcast or distribution of 
              intimate visual images or visual images of sexually 
              explicit conduct under the Uniform Code of Military 
              Justice.

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

Sec. 541. Ready, Relevant Learning initiative of the Navy.
Sec. 542. 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. 543. Discharge in the Selected Reserve of the commissioned service 
              obligation of military service academy graduates who 
              participate in professional athletics.
Sec. 544. Pilot programs on appointment in the excepted service in the 
              Department of Defense of physically disqualified former 
              cadets and midshipmen.
Sec. 545. Limitation on availability of funds for attendance of Air 
              Force enlisted personnel at Air Force officer 
              professional military education in-residence courses.
Sec. 546. Pilot program on integration of Department of Defense and 
              non-Federal efforts for civilian employment of members of 
              the Armed Forces following transition from active duty to 
              civilian life.
Sec. 547. Two-year extension of suicide prevention and resilience 
              program for the National Guard and Reserves.
Sec. 548. Sexual assault prevention and response training for all 
              individuals enlisted in the Armed Forces under a delayed 
              entry program.
Sec. 549. Use of assistance under Department of Defense Tuition 
              Assistance Program for non-traditional education to 
              develop cybersecurity and computer coding skills.

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

             PART I--Defense Dependents' Education Matters

Sec. 551. Impact aid for children with severe disabilities.
Sec. 552. Continuation of authority to assist local educational 
              agencies that benefit dependents of members of the Armed 
              Forces and Department of Defense civilian employees.
Sec. 553. One-year extension of authorities relating to the transition 
              and support of military dependent students to local 
              educational agencies.

               PART II--Military Family Readiness Matters

Sec. 556. 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. 557. Direct hire authority for Department of Defense for childcare 
              services providers for Department child development 
              centers.
Sec. 558. Report on expanding and contracting for childcare services of 
              the Department of Defense.
Sec. 559. Report on review of General Schedule pay grades of childcare 
              services providers of the Department of Defense.
Sec. 560. Pilot program on public-private partnerships for telework 
              facilities on military installations outside the United 
              States.
Sec. 561. Report on mechanisms to facilitate the obtaining by military 
              spouses of professional licenses or credentials in other 
              States.
Sec. 562. Additional military childcare matters.

                   Subtitle G--Decorations and Awards

Sec. 571. Authority of Secretary of the Army to award the Personnel 
              Protection Equipment award of the Army to former members 
              of the Army.
Sec. 572. Authorization for award of Distinguished Service Cross to 
              Specialist Frank M. Crary for acts of valor in Vietnam.

                       Subtitle H--Other Matters

Sec. 581. Modification of submittal date of Comptroller General of the 
              United States report on integrity of the Department of 
              Defense whistleblower program.
Sec. 582. Report to Congress on accompanied and unaccompanied tours of 
              duty in remote locations with high family support costs.

          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

Sec. 601. Fiscal year 2018 increase in military basic pay.
Sec. 602. Extension of authority to provide temporary increase in rates 
              of basic allowance for housing under certain 
              circumstances.
Sec. 603. Adjustment to basic allowance for housing at with dependents 
              rate of certain members of the uniformed services.
Sec. 604. Modification of authority of President to determine 
              alternative pay adjustment in annual basic pay of members 
              of the uniformed services.

           Subtitle B--Bonuses 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. Aviation bonus matters.
Sec. 617. Special aviation incentive pay and bonus authorities for 
              enlisted members who pilot remotely piloted aircraft.

[[Page S5276]]

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

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

        PART I--Amendments in Connection With Retired Pay Reform

Sec. 631. 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. 632. Technical correction regarding election to participate in 
              modernized retirement system for reserve component 
              members experiencing a break in service.

                         PART II--Other Matters

Sec. 636. 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. 637. Technical corrections to use of member's current pay grade 
              and years of service in a division of property involving 
              disposable retired pay.
Sec. 638. Permanent extension and cost-of-living adjustments of special 
              survivor indemnity allowances under the Survivor Benefit 
              Plan.

                       Subtitle D--Other Matters

Sec. 651. Construction of domestic source requirement for footwear 
              furnished to enlisted members of the Armed Forces on 
              initial entry into the Armed Forces.
Sec. 652. Inclusion of Department of Agriculture in Transition 
              Assistance Program.
Sec. 653. Review and update of regulations governing debt collectors 
              interactions with unit commanders.

                   TITLE VII--HEALTH CARE PROVISIONS

           Subtitle A--TRICARE and Other Health Care Benefits

Sec. 701. TRICARE Advantage demonstration program.
Sec. 702. Continued access to medical care at facilities of the 
              uniformed services for certain members of the reserve 
              components.
Sec. 703. Modification of eligibility for TRICARE Reserve Select and 
              TRICARE Retired Reserve of certain members of the reserve 
              components.
Sec. 704. Expedited evaluation and treatment for prenatal surgery under 
              the TRICARE program.
Sec. 705. Specification that individuals under the age of 21 are 
              eligible for hospice care services under the TRICARE 
              program.
Sec. 706. Modifications of cost-sharing requirements for the TRICARE 
              Pharmacy Benefits Program and treatment of certain 
              pharmaceutical agents.
Sec. 707. Consolidation of cost-sharing requirements under TRICARE 
              Select and TRICARE Prime.
Sec. 708. TRICARE technical amendments.
Sec. 709. Contraception coverage parity under the TRICARE program.

                 Subtitle B--Health Care Administration

Sec. 721. Modification of priority for evaluation and treatment of 
              individuals at military treatment facilities.
Sec. 722. Selection of directors of military treatment facilities and 
              tours of duty of such directors.
Sec. 723. Clarification of administration of military medical treatment 
              facilities.
Sec. 724. Modification of execution of TRICARE contracting 
              responsibilities.
Sec. 725. Pilot program on establishment of integrated health care 
              delivery systems.

                 Subtitle C--Reports and Other Matters

Sec. 731. Extension of authority for Joint Department of Defense-
              Department of Veterans Affairs Medical Facility 
              Demonstration Fund.
Sec. 732. Additional emergency uses for medical products to reduce 
              deaths and severity of injuries caused by agents of war.
Sec. 733. Prohibition on conduct of certain medical research and 
              development projects.
Sec. 734. Modification of determination of average wait times at urgent 
              care clinics and pharmacies at military medical treatment 
              facilities under pilot program.
Sec. 735. Report on plan to improve pediatric care and related services 
              for children of members of the Armed Forces.
Sec. 736. Inclusion of gambling disorder in health assessments and 
              related research efforts of the Department of Defense.

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

             Subtitle A--Acquisition Policy and Management

Sec. 801. Repeal of temporary suspension of public-private competitions 
              for conversion of Department of Defense functions to 
              performance by contractors.
Sec. 802. Technical and conforming amendments related to program 
              management provisions.
Sec. 803. Should-cost management.
Sec. 804. Clarification of purpose of Defense acquisition.
Sec. 805. Defense policy advisory committee on technology.
Sec. 806. Report on extension of development, acquisition, and 
              sustainment authorities of the military departments to 
              the United States Special Operations Command.

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

Sec. 811. Waiver authority for purposes of expanding competition.
Sec. 812. Increased simplified acquisition threshold applicable to 
              Department of Defense procurements.
Sec. 813. Increased threshold for cost or pricing data and truth in 
              negotiations requirements.
Sec. 814. Contract authority for advanced development of initial or 
              additional prototype units.
Sec. 815. Treatment of independent research and development costs on 
              certain contracts.
Sec. 816. Non-traditional contractor definition.
Sec. 817. Repeal of domestic source restriction related to wearable 
              electronics.
Sec. 818. Use of outcome-based and performance-based requirements for 
              services contracts.
Sec. 819. Pilot program for longer term multiyear service contracts.
Sec. 820. Identification of commercial services.
Sec. 821. Government Accountability Office bid protest reforms.
Sec. 822. Enhanced post-award debriefing rights.
Sec. 823. Limitation on unilateral definitization.
Sec. 824. Restriction on use of reverse auctions and lowest price 
              technically acceptable contracting methods for safety 
              equipment.
Sec. 825. Use of lowest price technically acceptable source selection 
              process.
Sec. 826. Middle tier of acquisition for rapid prototype and rapid 
              fielding.
Sec. 827. Elimination of cost underruns as factor in calculation of 
              penalties for cost overruns.
Sec. 828. Contract closeout authority.
Sec. 829. Service contracts of the Department of Defense.
Sec. 830. Department of Defense contractor workplace safety and 
              accountability.
Sec. 831. Department of Defense promotion of contractor compliance with 
              existing law.

 Subtitle C--Provisions Relating to Major Defense Acquisition Programs

Sec. 835. Revisions to definition of major defense acquisition program.
Sec. 836. Prohibition on use of lowest price technically acceptable 
              source selection process for major defense acquisition 
              programs.

        Subtitle D--Provisions Related to Acquisition Workforce

Sec. 841. Training in commercial items procurement.
Sec. 842. Modification of definition of acquisition workforce to 
              include personnel engaged in the acquisition or 
              development of cybersecurity systems.
Sec. 843. Training and support for programs pursuing agile acquisition 
              methods.
Sec. 844. Credits to Department of Defense Acquisition Workforce 
              Development Fund.

           Subtitle E--Provisions Related to Commercial Items

Sec. 851. Modification to definition of commercial items.
Sec. 852. Revision to definition of commercial item.
Sec. 853. Commercial item determinations.
Sec. 854. Preference for acquisition of commercial items.
Sec. 855. Inapplicable laws and regulations.

                  Subtitle F--Industrial Base Matters

Sec. 861. Review regarding applicability of foreign ownership, control, 
              or influence requirements of National Security Industrial 
              Program to national technology and industrial base 
              companies.
Sec. 862. Pilot program on strengthening manufacturing in defense 
              industrial base.
Sec. 863. Sunset of certain provisions relating to the industrial base.

             Subtitle G--International Contracting Matters

Sec. 865. Procurement exception relating to agreements with foreign 
              governments.
Sec. 866. Applicability of cost and pricing data certification 
              requirements.
Sec. 867. Enhancing program licensing.

[[Page S5277]]

                     Subtitle H--Other Transactions

Sec. 871. Other transaction authority.
Sec. 872. Education and training for transactions other than contracts 
              and grants.
Sec. 873. Preference for use of other transactions and experimental 
              authority.
Sec. 874. Methods for entering into research agreements.

   Subtitle I--Development and Acquisition of Software Intensive and 
                     Digital Products and Services

Sec. 881. Rights in technical data.
Sec. 882. Defense Innovation Board analysis of software acquisition 
              regulations.
Sec. 883. Pilot to tailor software-intensive major programs to use 
              agile methods.
Sec. 884. Review and realignment of defense business systems to 
              emphasize agile methods.
Sec. 885. Software development pilot using agile best practices.
Sec. 886. Use of open source software.

                       Subtitle J--Other Matters

Sec. 891. Improved transparency and oversight over Department of 
              Defense research, development, test, and evaluation 
              efforts and procurement activities related to medical 
              research.
Sec. 892. Rights in technical data related to medical research.
Sec. 893. Oversight, audit, and certification from the Defense Contract 
              Audit Agency for procurement activities related to 
              medical research.
Sec. 894. Requirements for Defense Contract Audit Agency report.
Sec. 895. Prototype projects to digitize defense acquisition 
              regulations, policies, and guidance, and empower user 
              tailoring of acquisition process.
Sec. 896. Pilot program for adoption of acquisition strategy for 
              Defense Base Act insurance.
Sec. 897. Phase III awards.
Sec. 898. Pilot program for streamlined technology transition from the 
              SBIR and STTR programs of the Department of Defense.
Sec. 899. Annual report on limitation of subcontractor intellectual 
              property rights.
Sec. 899A. Extension from 20 to 30 years of maximum total period for 
              Department of Defense contracts for storage, handling, or 
              distribution of liquid fuels and natural gas.
Sec. 899B. Exception for Department of Defense contracts from 
              requirement that business operations conducted under 
              government contracts accept and dispense $1 coins.
Sec. 899C. Investing in rural small businesses.

      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

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

Sec. 901. Chief Management Officer of the Department of Defense.
Sec. 902. Realignment of responsibilities, duties, and powers of Chief 
              Information Officer of the Department of Defense.
Sec. 903. 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. 904. Executive Schedule matters relating to Under Secretary of 
              Defense for Acquisition and Sustainment.
Sec. 905. Technical amendment.
Sec. 906. Redesignation of Under Secretary of Defense for Personnel and 
              Readiness as Under Secretary of Defense for Personnel and 
              Health.
Sec. 907. Qualifications for appointment and additional duties and 
              powers of certain officials within the Office of the 
              Under Secretary of Defense (Comptroller).
Sec. 908. Five-year 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. 909. Redesignation of Principal Deputy Under Secretaries of 
              Defense as Deputy Under Secretaries of Defense and 
              related matters.
Sec. 910. Reduction of number and elimination of specific designations 
              of Assistant Secretaries of Defense.
Sec. 911. Limitation on maximum number of Deputy Assistant Secretaries 
              of Defense.
Sec. 912. Modification of definition of OSD personnel for purposes of 
              limitation on number of Office of Secretary of Defense 
              personnel.

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

Sec. 921. Reduction in authorized number of Assistant Secretaries of 
              the military departments.
Sec. 922. Qualifications for appointment of Assistant Secretaries of 
              the military departments for financial management.

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

Sec. 931. Reduction in limitation on number of Department of Defense 
              SES positions.
Sec. 932. Manner of carrying out reductions in major Department of 
              Defense headquarters activities.
Sec. 933. Certifications on cost savings achieved by reductions in 
              major Department of Defense headquarters activities.
Sec. 934. Direct hire authority for the Department of Defense for 
              personnel to assist in business transformation and 
              management innovation.
Sec. 935. Data analytics capability for support of enhanced oversight 
              and management of the Defense Agencies and Department of 
              Defense Field Activities.
Sec. 936. Enhanced use of data analytics to improve acquisition program 
              outcomes.
Sec. 937. Pilot programs on data integration strategies for the 
              Department of Defense.
Sec. 938. Background and security investigations for Department of 
              Defense personnel.

                       Subtitle D--Other Matters

Sec. 951. Transfer of lead of Guam Oversight Council from the Deputy 
              Secretary of Defense to the Secretary of the Navy.
Sec. 952. Corrosion control and prevention executives matters.

                      TITLE X--GENERAL PROVISIONS

                     Subtitle A--Financial Matters

Sec. 1001. General transfer authority.
Sec. 1002. Calculations for payments into Department of Defense 
              Military Retirement Fund using single level percentage of 
              basic pay determined on Armed Force-wide rather than 
              Armed Forces-wide basis.
Sec. 1003. Certifications on audit readiness of the Department of 
              Defense and the military departments, Defense Agencies, 
              and other organizations and elements of the Department of 
              Defense.
Sec. 1004. Failure to obtain audit opinion on fiscal year full 
              financial statements of the Department of Defense.
Sec. 1005. Improper payment matters.
Sec. 1006. Financial operations dashboard for the Department of 
              Defense.
Sec. 1007. Comptroller General of the United States recommendations on 
              audit capabilities and infrastructure and related 
              matters.

                   Subtitle B--Counterdrug Activities

Sec. 1011. Extension and modification of authority to support a unified 
              counterdrug and counterterrorism campaign in Colombia.

                Subtitle C--Naval Vessels and Shipyards

Sec. 1016. Policy of the United States on minimum number of battle 
              force ships.
Sec. 1017. Operational readiness of Littoral Combat Ships on extended 
              deployment.
Sec. 1018. Authority to purchase used vessels to recapitalize the Ready 
              Reserve Force and the Military Sealift Command surge 
              fleet.
Sec. 1019. Surveying ships.
Sec. 1020. Pilot program on funding for national defense sealift 
              vessels.

                      Subtitle D--Counterterrorism

Sec. 1031. Extension of prohibition on use of funds for transfer or 
              release of individuals detained at United States Naval 
              Station, Guantanamo Bay, Cuba, to the United States.
Sec. 1032. Extension of prohibition on use of funds to construct or 
              modify facilities in the United States to house detainees 
              transferred from United States Naval Station, Guantanamo 
              Bay, Cuba.
Sec. 1033. Extension of prohibition on use of funds for transfer or 
              release to certain countries of individuals detained at 
              United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1034. Extension of prohibition on use of funds for realignment of 
              forces at or closure of United States Naval Station, 
              Guantanamo Bay, Cuba.
Sec. 1035. Authority to transfer individuals detained at United States 
              Naval Station, Guantanamo Bay, Cuba, to the United States 
              temporarily for emergency or critical medical treatment.

         Subtitle E--Miscellaneous Authorities and Limitations

Sec. 1041. Matters relating to the submittal of future-years defense 
              programs.
Sec. 1042. Department of Defense integration of information operations 
              and cyber-enabled information operations.

[[Page S5278]]

Sec. 1043. Prohibition on lobbying activities with respect to the 
              Department of Defense by certain officers of the Armed 
              Forces and civilian employees of the Department within 
              two years of separation from military service or 
              employment with the Department.
Sec. 1044. Definition of ``unmanned aerial vehicle'' for purposes of 
              title 10, United States Code.
Sec. 1045. Technical amendment relating to management of military 
              technicians.
Sec. 1046. Extension of prohibition on use of funds for retirement of 
              legacy maritime mine countermeasure platforms.
Sec. 1047. Sense of Congress on the basing of KC-46A aircraft outside 
              the continental United States.
Sec. 1048. Authorization to procure up to six polar-class icebreakers.

                    Subtitle F--Studies and Reports

Sec. 1061. Assessment of global force posture.
Sec. 1062. Army modernization strategy.
Sec. 1063. Report on Army plan to improve operational unit readiness by 
              reducing number of non-deployable soldiers assigned to 
              operational units.
Sec. 1064. Efforts to combat physiological episodes on certain Navy 
              aircraft.
Sec. 1065. Studies on aircraft inventories for the Air Force.
Sec. 1066. Plan and recommendations for interagency vetting of foreign 
              investments with potential impacts on national defense 
              and national security.
Sec. 1067. Report on authorities for the employment, use, and status of 
              National Guard and Reserve technicians.
Sec. 1068. Conforming repeals and technical amendments in connection 
              with reports of the Department of Defense whose submittal 
              to Congress has previously been terminated by law.
Sec. 1069. Annual reports on approval of employment or compensation of 
              retired general or flag officers by foreign governments 
              for Emoluments Clause purposes.
Sec. 1070. Annual report on civilian casualties in connection with 
              United States military operations.
Sec. 1071. Report on large-scale, joint exercises involving the air and 
              land domains.
Sec. 1072. Department of Defense review of Navy capabilities in the 
              Arctic region.
Sec. 1073. Business case analysis on establishment of active duty 
              association and additional primary aircraft 
              authorizations for the 168th Air Refueling Wing.
Sec. 1074. Report on Navy capacity to increase production of anti-
              submarine warfare and search and rescue rotary wing 
              aircraft in light of increase in the size of the surface 
              fleet to 355 ships.

                       Subtitle G--Other Matters

Sec. 1081. Protection against misuse of Naval Special Warfare Command 
              insignia.
Sec. 1082. Collaborations between the Armed Forces and certain non-
              Federal entities on support of Armed Forces missions 
              abroad.
Sec. 1083. Federal charter for Spirit of America.
Sec. 1084. Reconsideration of claims for disability compensation for 
              veterans who were the subjects of mustard gas or lewisite 
              experiments during World War II.
Sec. 1085. Prize competition to identify root cause of physiological 
              episodes on Navy, Marine Corps, and Air Force training 
              and operational aircraft.
Sec. 1086. Exception to the interdepartmental waiver doctrine for 
              cleanup of vehicle crashes.
Sec. 1087. Transfer of surplus firearms to Corporation for the 
              Promotion of Rifle Practice and Firearms Safety.

                  TITLE XI--CIVILIAN PERSONNEL MATTERS

               Subtitle A--Department of Defense Matters

Sec. 1101. Pilot program on enhanced personnel management system for 
              cybersecurity and legal professionals in the Department 
              of Defense.
Sec. 1102. Inclusion of Strategic Capabilities Office and Defense 
              Innovation Unit Experimental of the Department of Defense 
              in personnel management authority to attract experts in 
              science and engineering.
Sec. 1103. Permanent authority for demonstration projects relating to 
              acquisition personnel management policies and procedures.
Sec. 1104. Establishment of senior scientific technical managers at 
              Major Range and Test Facility Base facilities and Defense 
              Test Resource Management Center.
Sec. 1105. Extension of temporary direct hire authority for domestic 
              defense industrial base facilities and the major range 
              and test facilities base.
Sec. 1106. Direct hire authority for financial management experts in 
              the Department of Defense workforce.
Sec. 1107. Authority for waiver of requirement for a baccalaureate 
              degree for positions in the Department of Defense on 
              cybersecurity and computer programming.

                  Subtitle B--Government-wide Matters

Sec. 1111. Elimination of foreign exemption provision in regard to 
              overtime for Federal civilian employees temporarily 
              assigned to a foreign area.
Sec. 1112. One-year extension of authority to waive annual limitation 
              on premium pay and aggregate limitation on pay for 
              Federal civilian employees working overseas.
Sec. 1113. One-year extension of temporary authority to grant 
              allowances, benefits, and gratuities to civilian 
              personnel on official duty in a combat zone.

             TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

                  Subtitle A--Assistance and Training

Sec. 1201. Support of special operations for irregular warfare.
Sec. 1202. Modification of authority on support of special operations 
              to combat terrorism.
Sec. 1203. Modifications of certain authority in connection with reform 
              of defense security cooperation programs and activities.
Sec. 1204. Global Security Contingency Fund matters.
Sec. 1205. Defense Institute of International Legal Studies.

        Subtitle B--Matters Relating to Afghanistan and Pakistan

Sec. 1211. Extension of Commanders' Emergency Response Program and 
              related authorities.
Sec. 1212. Extension of authority to transfer defense articles and 
              provide defense services to the military and security 
              forces of Afghanistan.
Sec. 1213. Extension and modification of authority for reimbursement of 
              certain coalition nations for support provided to United 
              States military operations.
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. Sense of Congress regarding the Afghan special immigrant 
              visa program.
Sec. 1217. Special immigrant visas for Afghan allies.

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

Sec. 1231. Modification of authority to provide assistance to counter 
              the Islamic State of Iraq and Syria.
Sec. 1232. Modification of authority to provide assistance to the 
              vetted Syrian opposition.
Sec. 1233. Extension and modification of authority to support 
              operations and activities of the Office of Security 
              Cooperation in Iraq.
Sec. 1234. Modification and additional elements in annual report on the 
              military power of Iran.

         Subtitle D--Matters Relating to the Russian Federation

Sec. 1241. Extension of limitation on military cooperation between the 
              United States and the Russian Federation.
Sec. 1242. Extension of limitation on availability of funds relating to 
              activities to recognize the sovereignty of the Russian 
              Federation over Crimea.
Sec. 1243. Extension of Ukraine Security Assistance Initiative.
Sec. 1244. Extension of authority on training for Eastern European 
              national security forces in the course of multilateral 
              exercises.
Sec. 1245. Security assistance for Baltic nations for joint program for 
              resiliency and deterrence against aggression.
Sec. 1246. Annual report on military and security developments 
              involving the Russian Federation.
Sec. 1247. Annual report on attempts of the Russian Federation to 
              provide disinformation and propaganda to members of the 
              Armed Forces by social media.
Sec. 1248. Support of European Deterrence Initiative to deter Russian 
              aggression.
Sec. 1249. Sense of Congress on the European Deterrence Initiative.
Sec. 1250. Enhancement of Ukraine Security Assistance Initiative.
Sec. 1251. Sense of Congress on the importance of the North Atlantic 
              Treaty Organization Intelligence Fusion Center.

        Subtitle E--Matters Relating to the Asia-Pacific Region

Sec. 1261. Asia-Pacific Stability Initiative.
Sec. 1262. Expansion of military-to-military engagement with the 
              Government of Burma.

[[Page S5279]]

Sec. 1263. Agreement supplemental to Compact of Free Association with 
              Palau.
Sec. 1264. Workforce issues for relocation of Marines to Guam.
Sec. 1265. United States policy with respect to freedom of navigation 
              operations and overflight beyond the territorial seas.
Sec. 1266. Sense of Congress on the importance of the rule of law in 
              the South China Sea.
Sec. 1267. Sense of Congress on the importance of the relationship 
              between the United States and Japan.
Sec. 1268. Sense of Congress on the importance of the United States 
              alliance with the Republic of Korea.
Sec. 1269. Sense of Congress on extended deterrence for the Korean 
              Peninsula and Japan.
Sec. 1270. Defense partnership between the United States and Taiwan.
Sec. 1270A. Naval port of call exchanges between the United States and 
              Taiwan.
Sec. 1270B. Program to enhance the undersea warfare capabilities of 
              Taiwan.
Sec. 1270C. Invitation of Taiwan military forces to participate in 
              joint military exercises.
Sec. 1270D. Report on military exchanges between senior officers and 
              officials of the United States and Taiwan.

                          Subtitle F--Reports

Sec. 1271. Submittal of Department of Defense Supplemental and Cost of 
              War Execution reports on quarterly basis.
Sec. 1272. Consolidation of reports on United States Armed Forces, 
              civilian employees, and contractors deployed in support 
              of Operation Inherent Resolve and Operation Freedom's 
              Sentinel.

                       Subtitle G--Other Matters

Sec. 1281. Modification of availability of funds in Special Defense 
              Acquisition Fund for precision guided munitions.
Sec. 1282. Use of funds in the United States for certain United States-
              Israel anti-tunnel cooperation activities.
Sec. 1283. Foreign military sales letters of request for pricing and 
              availability.
Sec. 1284. Sense of Congress on reaffirming strategic partnerships and 
              allies.

                TITLE XIII--COOPERATIVE THREAT REDUCTION

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

                    TITLE XIV--OTHER AUTHORIZATIONS

                     Subtitle A--Military Programs

Sec. 1401. Working capital funds.
Sec. 1402. Chemical Agents and Munitions Destruction, Defense.
Sec. 1403. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1404. Defense Inspector General.
Sec. 1405. Defense Health Program.

                 Subtitle B--National Defense Stockpile

Sec. 1411. Authority to dispose of certain materials from and to 
              acquire additional materials for the National Defense 
              Stockpile.

             Subtitle C--Chemical Demilitarization Matters

Sec. 1421. Acquisition reporting on major chemical demilitarization 
              programs of the Department of Defense.

                Subtitle D--Armed Forces Retirement Home

Sec. 1431. Authorization of appropriations for Armed Forces Retirement 
              Home.
Sec. 1432. Armed Forces Retirement Home matters.

                       Subtitle E--Other Matters

Sec. 1441. 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. 1442. Enhancement of database of emergency response capabilities 
              of the Department of Defense.

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

              Subtitle A--Authorization of Appropriations

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

                     Subtitle B--Financial Matters

Sec. 1521. Treatment as additional authorizations.
Sec. 1522. Special transfer authority.

                       Subtitle C--Other Matters

Sec. 1531. Afghanistan Security Forces Fund.

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

                      Subtitle A--Space Activities

Sec. 1601. Air Force Space Command.
Sec. 1602. Air Force space contractor responsibility watch list.
Sec. 1603. Presidential National Voice Conferencing System.
Sec. 1604. Limitation on use of funds for Delta IV launch vehicle.
Sec. 1605. Policy of the United States with respect to classification 
              of space as a combat domain.
Sec. 1606. Launch support and infrastructure modernization.

  Subtitle B--Defense Intelligence and Intelligence-Related Activities

Sec. 1611. Extension of authority to engage in commercial activities as 
              security for intelligence collection activities.

     Subtitle C--Cyber Warfare, Cybersecurity, and Related Matters

Sec. 1621. Policy of the United States on cyberspace, cybersecurity, 
              and cyber warfare.
Sec. 1622. Cyber posture review.
Sec. 1623. Modification and clarification of requirements and 
              authorities relating to establishment of unified 
              combatant command for cyber operations.
Sec. 1624. Annual assessment of cyber resiliency of nuclear command and 
              control system.
Sec. 1625. Strategic Cybersecurity Program.
Sec. 1626. Evaluation of agile acquisition of cyber tools and 
              applications.
Sec. 1627. Report on cost implications of terminating dual-hat 
              arrangement for Commander of United States Cyber Command.
Sec. 1628. Modification of Information Assurance Scholarship Program.
Sec. 1629. Measuring compliance of components of Department of Defense 
              with cybersecurity requirements for securing industrial 
              control systems.
Sec. 1630. Exercise on assessing cybersecurity support to election 
              systems of States.
Sec. 1630A. Report on various approaches to cyber deterrence.
Sec. 1630B. Prohibition on use of software platforms developed by 
              Kaspersky Lab.

                       Subtitle D--Nuclear Forces

Sec. 1631. Collection, storage, and sharing of data relating to nuclear 
              security enterprise.
Sec. 1632. Establishment of procedures for implementation of Nuclear 
              Enterprise Review.
Sec. 1633. Procurement authority for certain parts of intercontinental 
              ballistic missiles.
Sec. 1634. Execution and programmatic oversight of nuclear command, 
              control, and communications programs.
Sec. 1635. Measures in response to noncompliance of the Russian 
              Federation with its obligations under the INF Treaty.
Sec. 1636. Certification that the Nuclear Posture Review addresses 
              deterrent effect and operation of United States nuclear 
              forces in current and future security environments.
Sec. 1637. Plan to manage Integrated Tactical Warning and Attack 
              Assessment System and multi-domain sensors.
Sec. 1638. Certification requirement with respect to strategic 
              radiation hardened trusted foundry.
Sec. 1639. Requirements for Nuclear Posture Review.
Sec. 1640. Sense of Congress on Nuclear Posture Review.

                  Subtitle E--Missile Defense Programs

Sec. 1651. Iron Dome short-range rocket defense system and Israeli 
              Cooperative Missile Defense Program co-development and 
              co-production.
Sec. 1652. Development of persistent space-based sensor architecture.
Sec. 1653. Ground-based interceptor capacity and Fort Greely missile 
              field infrastructure requirements.
Sec. 1654. Sense of the Senate on the state of United States missile 
              defense.
Sec. 1655. Sense of the Senate and report on ground-based midcourse 
              defense testing.

            DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

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

                 TITLE XXI--ARMY MILITARY CONSTRUCTION

Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Modification of authority to carry out certain fiscal year 
              2014 project.

[[Page S5280]]

Sec. 2105. Modification of authority to carry out certain fiscal year 
              2015 project.
Sec. 2106. Extension of authorization of certain fiscal year 2014 
              project.
Sec. 2107. Extension of authorizations of certain fiscal year 2015 
              projects.

                 TITLE XXII--NAVY MILITARY CONSTRUCTION

Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Extension of authorizations of 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 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 AND GENERAL PROVISIONS

 Subtitle A--Military Construction Program and Military Family Housing 
                                Changes

Sec. 2801. Authority to use expiring funds for certain military 
              construction projects.
Sec. 2802. Extension of temporary, limited authority to use operation 
              and maintenance funds for construction projects in 
              certain areas outside the United States.

        Subtitle B--Real Property and Facilities Administration

Sec. 2811. Authority to use energy cost savings for energy resilience, 
              mission assurance, and weather damage repair and 
              prevention measures.
Sec. 2812. Modification of unspecified minor military construction 
              project authority to cover correction of deficiencies 
              that are threats to installation resilience.
Sec. 2813. Land exchange valuation of property with reduced development 
              that limits encroachment on military installations.
Sec. 2814. Treatment of storm water collection systems as utility 
              systems.
Sec. 2815. Access to military installations by transportation network 
              companies.

                      Subtitle C--Land Conveyances

Sec. 2821. Land conveyance, Natick Soldier Systems Center, 
              Massachusetts.
Sec. 2822. Land conveyance, Army and Air Force Exchange Service 
              property, Dallas, Texas.
Sec. 2823. Land conveyances, certain former peacekeeper ICBM facilities 
              in Wyoming.
Sec. 2824. Land exchange, Naval Industrial Ordnance Reserve Plant, 
              Sunnyvale, California.
Sec. 2825. Land exchange, Naval Air Station Corpus Christi, Texas.

          Subtitle D--Project Management and Oversight Reforms

Sec. 2831. Notification requirement for certain cost overruns and 
              schedule delays.
Sec. 2832. Limited authority for private sector supervision of military 
              construction projects in event of extensive cost overruns 
              or project delays.
Sec. 2833. Annual report on cost overruns and schedule delays.
Sec. 2834. Report on design errors and omissions related to Fort Bliss 
              hospital replacement project.
Sec. 2835. Report on cost increase and delay related to USSTRATCOM 
              command and control facility project at Offutt Air Force 
              Base.

                       Subtitle E--Other Matters

Sec. 2841. Annual Department of Defense energy management reports.
Sec. 2842. Aggregation of energy efficiency and energy resilience 
              projects in life cycle cost analyses.
Sec. 2843. Authority of the Secretary of the Air Force to accept lessee 
              improvements at Air Force Plant 42.
Sec. 2844. Prohibition on use of funds for Kwajalein project.
Sec. 2845. Energy resilience.
Sec. 2846. Consideration of energy security and energy resilience in 
              awarding energy and fuel contracts for military 
              installations.
Sec. 2847. Requirement to address energy resilience in exercising 
              utility system conveyance authority.
Sec. 2848. In-kind lease payments; prioritization of utility services 
              that promote energy resilience.
Sec. 2849. Disclosure of beneficial ownership by foreign persons of 
              high security space leased by the Department of Defense.

   TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION

Sec. 2901. Authorized Army construction and land acquisition projects.
Sec. 2902. Authorized Air Force construction and land acquisition 
              projects.
Sec. 2903. Authorization of appropriations.
Sec. 2904. 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. Assessment and development of prototype nuclear weapons of 
              foreign countries.
Sec. 3112. Use of funds for construction and project support activities 
              relating to MOX facility.
Sec. 3113. Repeal, consolidation, and modification of reporting 
              requirements.
Sec. 3114. National Nuclear Security Administration personnel system.
Sec. 3115. Annual reports on unfunded priorities of National Nuclear 
              Security Administration.

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

                  TITLE XXXV--MARITIME ADMINISTRATION

Sec. 3501. Maritime Administration.

                       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.

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

                 TITLE XLIII--OPERATION AND MAINTENANCE

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

                     TITLE XLIV--MILITARY PERSONNEL

Sec. 4401. Military personnel.
Sec. 4402. Military personnel for overseas contingency operations.

                    TITLE XLV--OTHER AUTHORIZATIONS

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

                   TITLE XLVI--MILITARY CONSTRUCTION

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

      TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Sec. 4701. Department of Energy national security programs.

                   DIVISION E--ADDITIONAL PROVISIONS

                         TITLE LI--PROCUREMENT

Sec. 5101. Plan for modernization of the radar for F-16 fighter 
              aircraft of the National Guard.
Sec. 5102. Upgrade of M113 vehicles.

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

Sec. 5201. Reauthorization of Department of Defense Established Program 
              to Stimulate Competitive Research.
Sec. 5202. Pilot program to improve incentives for technology transfer 
              from Department of Defense laboratories.

                 TITLE LIII--OPERATION AND MAINTENANCE

Sec. 5301. Comptroller General report on Department of Defense 
              installation access control initiatives.
Sec. 5302. Comprehensive plan for sharing depot-level maintenance best 
              practices.
Sec. 5303. Facilities demolition plan of the Army.

                  TITLE LV--MILITARY PERSONNEL POLICY

Sec. 5501. Criminal background checks of employees of the military 
              child care system and providers of child care services 
              and youth program services for military dependents.
Sec. 5502. Review of TAP for women.
Sec. 5503. Annual report on participation in the Transition Assistance 
              Program for members of the Armed Forces.
Sec. 5504. Modification of deadline for submittal by officers of 
              written communications to promotion selection boards on 
              matters of importance to their selection.
Sec. 5505. 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. 5506. Civilian training for National Guard pilots and sensor 
              operator aircrews of MQ-9 unmanned aerial vehicles.
Sec. 5507. Authorization for award of the Medal of Honor to Garlin M. 
              Conner for acts of valor during World War II.
Sec. 5508. Educational opportunities for military children in science, 
              technology, engineering, and mathematics.

         TITLE LLVI--COMPENSATION AND OTHER PERSONNEL BENEFITS

Sec. 5601. Report on use of second-destination transportation to 
              transport fresh fruit and vegetables to commissaries in 
              the Asia-Pacific region.
Sec. 5602. Report on management of military commissaries and exchanges.

                   TITLE LVII--HEALTH CARE PROVISIONS

Sec. 5701. Study on safe opioid prescribing practices.
Sec. 5702. Specification that individuals under the age of 21 are 
              eligible for hospice care services under the TRICARE 
              program.
Sec. 5703. Regular update of prescription drug pricing standard under 
              TRICARE retail pharmacy program.
Sec. 5704. Longitudinal medical study on blast pressure exposure of 
              members of the Armed Forces.
Sec. 5705. Authorization of physical therapist assistants and 
              occupational therapy assistants to provide services under 
              the TRICARE program.

      TITLE LIX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

Sec. 5901. 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 LX--GENERAL PROVISIONS

Sec. 6001. Air Force pilot program on education and training and 
              certification of secondary and post-secondary students as 
              aircraft technicians.
Sec. 6002. Collaboration between Federal Aviation Administration and 
              Department of Defense on unmanned aircraft systems.
Sec. 6003. Report on defense of combat logistics and strategic mobility 
              forces.
Sec. 6004. Report on the circumstances surrounding the 2016 attacks on 
              the U.S.S. Mason.
Sec. 6005. Office of Special Counsel reauthorization.
Sec. 6006. Rule of construction on certifications on audit readiness of 
              the Department of Defense and the military departments, 
              Defense Agencies, and other organizations and elements of 
              the Department of Defense.
Sec. 6007. Certifications on reliability of the financial statements of 
              the Department of Defense and the military departments, 
              Defense Agencies, and other organizations and elements of 
              the Department of Defense.
Sec. 6008. Streamlining of requirements in connection with audits and 
              the reliability of the financial statements of the 
              Department of Defense.
Sec. 6009. Rankings of auditability of financial statements of the 
              organizations and elements of the Department of Defense.
Sec. 6010. Report on implementation of Comptroller General of the 
              United States recommendations for the Department of 
              Defense, Department of State, and United States Agency 
              for International Development.
Sec. 6011. Report on airports used by Mahan Air.
Sec. 6012. Open Government data.
Sec. 6013. Briefing on plans to develop and improve additive 
              manufacturing capabilities.

            TITLE LXII--MATTERS RELATING TO FOREIGN NATIONS

Sec. 6201. Advancements in defense cooperation between the United 
              States and India.
Sec. 6202. Comptroller General of the United States report.
Sec. 6203. Human rights vetting of Afghan National Defense and Security 
              Forces.
Sec. 6204. Additional matter for sense of Congress on extended 
              deterrence for the Korean peninsula and Japan.
Sec. 6205. Study on United States interests in the Freely Associated 
              States.
Sec. 6206. Plan to enhance the extended deterrence and assurance 
              capabilities of the United States in the Asia-Pacific 
              region.
Sec. 6207. Rule of construction on provisions relating to the Ukraine 
              Security Assistance Initiative.
Sec. 6208. Extension of Ukraine Security Assistance Initiative.
Sec. 6209. Extension of authority on training for Eastern European 
              national security forces in the course of multilateral 
              exercises.
Sec. 6210. Security assistance for Baltic nations for joint program for 
              resiliency and deterrence against aggression.
Sec. 6211. Annual report on military and security developments 
              involving the Russian Federation.
Sec. 6212. Annual report on attempts of the Russian Federation to 
              provide disinformation and propaganda to members of the 
              Armed Forces by social media.
Sec. 6213. Support of European Deterrence Initiative to deter Russian 
              aggression.
Sec. 6214. Sense of Congress on the European Deterrence Initiative.
Sec. 6215. Enhancement of Ukraine Security Assistance Initiative.
Sec. 6216. Assessment of the expanding global influence of China and 
              its impact on the national security interests of the 
              United States.
Sec. 6217. Ineffectiveness of expansion of military-to-military 
              engagement with the Government of Burma.

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

Sec. 6601. Sense of Congress on use of Intergovernmental Personnel Act 
              Mobility Program and Department of Defense Information 
              Technology Exchange Program to obtain personnel with 
              cyber skills and abilities for the Department of Defense.
Sec. 6602. Sense of Congress on establishing an award program for the 
              cyber community of the Department of Defense.
Sec. 6603. Review of United States nuclear and radiological terrorism 
              prevention strategy.

[[Page S5282]]

Sec. 6604. Sense of Congress on National Space Defense Center.
Sec. 6605. Prohibition on establishment of military department or corps 
              separate from or subordinate to the current military 
              departments.
Sec. 6606. Rule of construction on Iron Dome short-range rocket defense 
              system and Israeli Cooperative Missile Defense Program.
Sec. 6607. Report on integration of modernization and sustainment of 
              nuclear triad.
Sec. 6608. Comptroller General of the United States report on 
              Department of Defense critical telecommunications 
              equipment or services obtained from suppliers closely 
              linked to a leading cyber-threat actor.

      TITLE LXXVIII--MILITARY CONSTRUCTION AND GENERAL PROVISIONS

Sec. 7801. Certification related to certain acquisitions or leases of 
              real property.
Sec. 7802. Energy security for military installations in Europe.
Sec. 7803. Land conveyance, Mountain Home Air Force Base, Idaho.
Sec. 7804. Annual locality adjustment of dollar thresholds applicable 
              to unspecified minor military construction authorities.

      TITLE LXXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Sec. 8101. Albuquerque Complex upgrades construction project.

         TITLE LXXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 8201. Authorization.

     SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.

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

     SEC. 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.

       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. TRANSFER OF EXCESS HIGH MOBILITY MULTIPURPOSE 
                   WHEELED VEHICLES TO FOREIGN COUNTRIES.

       (a) Transfers.--
       (1) In general.--Chapter 153 of title 10, United States 
     Code, is amended by inserting after section 2581 the 
     following new section:

     ``Sec. 2581a. Transfer of excess High Mobility Multipurpose 
       Wheeled Vehicles (HMMWVs) to foreign countries

       ``(a) Requirements.--(1) Before an excess High Mobility 
     Multipurpose Wheeled Vehicle (HMMWV) is transferred on a 
     grant or sales basis to a foreign country for the purpose of 
     operation by that country, the Secretary of Defense shall 
     ensure that the HMMWV receives the same new, modernized 
     powertrain and a modernized, armored or armor-capable crew 
     compartment restored to like-new condition that the HMMWV 
     would receive if it were to be modernized for operational use 
     by the armed forces.
       ``(2) For the purposes of paragraph (1), the term `the same 
     new, modernized powertrain'--
       ``(A) means a fully-functioning new powertrain system; and
       ``(B) does not mean an individual part, component, 
     subassembly, assembly, or subsystem integral to the 
     functioning of the powertrain system such as a new engine or 
     transmission.
       ``(3) Any work performed pursuant to paragraph (1) shall be 
     performed in the United States and shall be covered by 
     section 2460(b)(1) of this title.
       ``(b) Waiver.--Subject to the requirements of subsection 
     (c), the Secretary may waive the requirements of subsection 
     (a)(1) if the Secretary determines in writing that such an 
     exception is required by the national security interests of 
     the United States.
       ``(c) Notification.--(1) If the Secretary makes a written 
     determination under subsection (b), the Secretary may not 
     transfer excess HMMWVs until 30 days after the Secretary has 
     provided notice of the proposed transfer to the congressional 
     defense committees. The notification shall include--
       ``(A) the total quantity of HMMWVs, the serial and model 
     numbers of each individual HMMWV, and the age, condition, and 
     expected useful life of each individual HMMWV to be 
     transferred;
       ``(B) the recipient of the HMMWVs, the intended use of the 
     HMMWVs, and a description of the national security interests 
     of the United States necessitating the transfer;
       ``(C) an explanation of why it is not in the national 
     security interests of the United States to make the transfer 
     in accordance with the requirements of subsection (a);
       ``(D) the impact on the national technology and industrial 
     base and, particularly, any reduction of the opportunities of 
     entities in the national technology and industrial base to 
     sell new or used HMMWVs to the countries to which the 
     proposed transfer of HMMWVs is to take place; and
       ``(E) the names of all entities in the national technology 
     and industrial base consulted as part of the determination in 
     subsection (D), as well as the dates when and the names, 
     titles, and affiliations of all individuals with whom such 
     consultations took place.
       ``(2) The Secretary shall make the notification required 
     under this subsection in accordance with the procedures 
     specified in section 060403 of volume 3, chapter 6, of the 
     Department of Defense Financial Management Regulation.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 2581 the following new item:

``2581a. Transfer of excess High Mobility Multipurpose Wheeled Vehicles 
              (HMMWVs) to foreign countries.''.
       (b) Effective Date.--Section 2581a of title 10, United 
     States Code, as added by subsection (a), shall apply with 
     respect to transfers of High Mobility Multipurpose Wheeled 
     Vehicles on and after the date of the enactment of this Act.

     SEC. 112. LIMITATION ON AVAILABILITY OF FUNDS FOR ARMY AIR-
                   LAND MOBILE TACTICAL COMMUNICATIONS AND DATA 
                   NETWORK, INCLUDING WARFIGHTER INFORMATION 
                   NETWORK-TACTICAL (WIN-T).

       (a) Limitation.--No funds authorized to be appropriated by 
     this Act or otherwise made available for fiscal year 2018 for 
     other procurement, Army, and available for the Warfighter 
     Information Network-Tactical (WIN-T), Increment 2 (Inc 2) 
     program may be obligated or expended until the Secretary of 
     the Army submits the report required under subsection (b).
       (b) Report.--The Secretary of the Army shall submit to the 
     congressional defense committees a report describing how the 
     Army intends to implement the recommendations related to air-
     land ad-hoc, mobile tactical communications and data networks 
     provided by the Director of Cost Assessment and Program 
     Evaluation (CAPE) pursuant to section 237 of the National 
     Defense Authorization Act for Fiscal Year 2016 (Public Law 
     114-92; 129 Stat. 781).

                       Subtitle C--Navy Programs

     SEC. 121. MULTIYEAR PROCUREMENT AUTHORITY FOR VIRGINIA CLASS 
                   SUBMARINE PROGRAM.

       (a) Authority for Multiyear Procurement.--Subject to 
     section 2306b of title 10, United States Code, the Secretary 
     of the Navy may enter into one or more multiyear contracts, 
     beginning with the fiscal year 2019 program year, for the 
     procurement of up to 13 Virginia class submarines.
       (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 
     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.
       (c) Condition for Out-year Contract Payments.--A contract 
     entered into under subsection (a) shall provide that any 
     obligation of the United States to make a payment under the 
     contract for a fiscal year after fiscal year 2019 is subject 
     to the availability of appropriations or funds for that 
     purpose for such fiscal year.
       (d) Limitation on Termination Liability.--A contract for 
     construction of Virginia Class submarines entered into in 
     accordance with 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.

     SEC. 122. ARLEIGH BURKE CLASS DESTROYERS.

       (a) Authority for Multiyear Procurement.--
       (1) In general.--Subject to section 2306b of title 10, 
     United States Code, the Secretary of the Navy may enter into 
     one or more multiyear contracts, beginning not earlier than 
     the fourth quarter of fiscal year 2018, for the procurement 
     of up to 15 Arleigh Burke class Flight III guided missile 
     destroyers.
       (2) 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 paragraph

[[Page S5283]]

     (1), and for systems and subsystems associated with such 
     destroyers in economic order quantities when cost savings are 
     achievable.
       (3) 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 fiscal year.
       (b) Modification to Procurement of Additional Arleigh Burke 
     Class Destroyer.--Section 125(a)(1) of the National Defense 
     Authorization Act for Fiscal Year 2016 (Public Law 114-92) is 
     amended by striking ``to be procured either'' and inserting 
     ``to be procured using a fixed-price contract either''.

     SEC. 123. MULTIYEAR PROCUREMENT AUTHORITY FOR V-22 JOINT 
                   AIRCRAFT PROGRAM.

       (a) Authority for Multiyear Procurement.--Subject to 
     section 2306b of title 10, United States Code, the Secretary 
     of Defense may enter into one or more multiyear contracts, 
     beginning with the fiscal year 2018 program year, for the 
     procurement of V-22 aircraft. Notwithstanding subsection (k) 
     of such section 2306b, the Secretary of Defense may enter 
     into a multiyear contract under this section for up to five 
     years.
       (b) Condition for Out-year Contract Payments.--A contract 
     entered into under subsection (a) shall provide that any 
     obligation of the United States to make a payment under the 
     contract for a fiscal year after fiscal year 2018 is subject 
     to the availability of appropriations for that purpose for 
     such later fiscal year.

     SEC. 124. DESIGN AND CONSTRUCTION OF AMPHIBIOUS SHIP 
                   REPLACEMENT DESIGNATED LX(R) OR AMPHIBIOUS 
                   TRANSPORT DOCK DESIGNATED LPD-30.

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

     SEC. 125. MODIFICATION OF COST LIMITATION BASELINE FOR CVN-78 
                   CLASS AIRCRAFT CARRIER PROGRAM.

       Section 122(a) 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 further amended by 
     striking paragraph (2) and inserting the following new 
     paragraphs:
       ``(2) 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 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 CVN-79 may not exceed 
     $12,000,000,000 (as adjusted pursuant to subsection (b)).''.

     SEC. 126. 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''.

                     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) Inventory Requirement.--(1) Effective October 1, 
     2017, 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) Limitation on Retirement of Air Force Fighter 
     Aircraft.--
       (1) Limitation.--Except as provided under subsection (d), 
     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 Air Force 
     total active inventory (TAI) below 1,970, and shall maintain 
     a minimum of 1,145 fighter aircraft designated as primary 
     mission aircraft inventory (PMAI).
       (2) Additional limitations on retirement of fighter 
     aircraft.--Except as provided under subsection (d), 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 replacement fighter 
     aircraft 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) Reports on Fighter Aircraft.--
       (1) In general.--Except as provided under subsection (d), 
     at least 90 days before the date on which a fighter aircraft 
     is retired, the Secretary of the Air Force, in consultation 
     with (where applicable) the Director of the Air National 
     Guard or Chief of the Air Force Reserve, shall submit to the 
     congressional defense committees a report on the proposed 
     force structure and basing of fighter aircraft.
       (2) Elements.--Each report submitted under paragraph (1) 
     shall include the following elements:
       (A) A list of each fighter aircraft proposed for 
     retirement, including for each such aircraft--
       (i) the mission design series type;
       (ii) the variant; and
       (iii) the assigned unit and military installation where 
     such aircraft is based.
       (B) A list of each unit affected by a proposed retirement 
     listed under subparagraph (A) and a description of how such 
     unit is affected.
       (C) For each military installation and unit listed under 
     subparagraph (A)(iii), a description of changes, if any, to 
     the designed operational capability (DOC) statement of the 
     unit as a result of a proposed retirement.
       (D) A description of any anticipated changes in manpower 
     authorizations as a result of a proposed retirement listed 
     under subparagraph (A).
       (d) Exception for Certain Aircraft.--The requirements of 
     subsections (b) and (c) do 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.
       (e) 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. COMPTROLLER GENERAL REVIEW OF TOTAL FORCE 
                   INTEGRATION INITIATIVES FOR RESERVE COMPONENT 
                   RESCUE SQUADRONS.

       (a) Comptroller General Review.--Not later than June 30, 
     2018, the Comptroller General of the United States shall 
     review the Air Force fielding plan for the HH-60 replacement 
     programs and submit to the congressional defense committees a 
     report on the plan.
       (b) Briefing.--Not later than March 1, 2018, the 
     Comptroller General shall provide a briefing to the 
     congressional defense committees on the plan.
       (c) Elements.--The review received under subsection (a) 
     shall include, with respect to the HH-60 replacement 
     programs, the following elements:
       (1) A description of the National Commission on the 
     Structure of the Air Force's recommendations regarding the 
     use of concurrent and proportional fielding and how the Air 
     Force applied these principles in the fielding plan for the 
     HH-60G replacement programs.
       (2) An evaluation of the Air Force's fielding plan for the 
     HH-60G replacement programs, including an assessment of the 
     Air Force's 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 
     Air Force's fielding plan on active duty, National Guard, and 
     Reserve

[[Page S5284]]

     units, including the ability to meet training, maintenance, 
     and deployment requirements, as well as the implications for 
     total force integration initiatives should the fielding not 
     be proportional.
       (d) HH-60G Replacement Programs Defined.--In this section, 
     the term ``HH-60G replacement programs'' means the HH-60G Ops 
     Loss Replacement and HH-60W Combat Rescue Helicopter 
     programs.

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

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

       (a) In General.--The Secretary of Defense may enter into 
     one or more contracts during fiscal year 2018 for the 
     procurement of economic order quantities of material and 
     equipment that has completed formal hardware qualification 
     testing for the F-35 aircraft for use in procurement 
     contracts to be awarded during fiscal years 2019 and 2020. 
     The total amount obligated under all contracts entered into 
     under this section shall not exceed $661,000,000.
       (b) Authority.--To the extent that funds are otherwise 
     available for obligation, the Secretary may enter into 
     economic order quantity contracts for purchases under this 
     section whenever the Secretary finds each of the following:
       (1) That 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) That the minimum need for the property to be purchased 
     is expected to remain substantially unchanged during the 
     contemplated contract period in terms of production rate, 
     procurement rate, and total quantities.
       (3) That 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 
     acquired and that the technical risks associated with such 
     property are not excessive.
       (5) That 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.
       (6) That the use of such a contract will promote the 
     national security of the United States.
       (c) Certification Requirement.--A contract may not be 
     entered into under this section unless the Secretary of 
     Defense certifies in writing, not later than 30 days before 
     entry into the contract, that each of the following 
     conditions is satisfied:
       (1) The Secretary has determined that each of the 
     requirements in paragraphs (1) through (6) of subsection (b) 
     will be met by such contract and has provided the basis for 
     such determination to the congressional defense committees.
       (2) Confirmation that the preliminary findings of the 
     Secretary under paragraph (1) were 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 that the 
     analysis supports those preliminary findings.
       (3) A sufficient number of end items of the system being 
     acquired under such contract have been delivered at or within 
     the most current estimates of the program acquisition unit 
     cost or procurement unit cost for such system to determine 
     that current estimates of such unit costs are realistic.
       (4) 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 for such fiscal year will include the funding 
     required to execute the program without cancellation.
       (5) The contract is a fixed price type contract.
       (6) The proposed contract provides for production at not 
     less than minimum economic rates given the existing tooling 
     and facilities.

     SEC. 142. AUTHORITY FOR EXPLOSIVE ORDNANCE DISPOSAL UNITS TO 
                   ACQUIRE NEW OR EMERGING TECHNOLOGIES AND 
                   CAPABILITIES.

       The Secretary of Defense may provide Explosive Ordnance 
     Disposal (EOD) units with the authority to acquire new or 
     emerging EOD technologies and capabilities that are not 
     specifically listed on the Table of Allowance (TOA) or Table 
     of Equipment (TOE).

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

              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. 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 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 and operational challenges, 
     including support for classified programs and activities.
       (3) Performance by designated university performer.--The 
     Secretary shall ensure that work awarded through an 
     arrangement under paragraph (1) is performed primarily by the 
     designated university performer.
       (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 establishes 
     one or more arrangements under subsection (a)(1), the 
     Secretary 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.
       (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.--The authorities under this section shall 
     expire on 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. 212. 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:

     ``Sec. 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 revitalization recapitalization, 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.

[[Page S5285]]

       ``(3) 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.--
     (1) Subject to the provisions of this subsection, funds 
     available under a mechanism under subsection (a)(1)(D) that 
     are solely intended to carry out a laboratory infrastructure 
     project shall be available for such project until expended.
       ``(2) Funds shall be available in accordance with paragraph 
     (1) for a project referred to in such paragraph only if the 
     Secretary notifies the congressional defense committees of 
     the total cost of the project before the date on which the 
     Secretary uses a mechanism under subsection (a)(1)(D) for 
     such project.
       ``(3) Funds may accumulate under a mechanism under 
     subsection (a) for a project referred to in paragraph (1) for 
     not more than five years.
       ``(4) The Secretary shall ensure that a project referred to 
     in paragraph (1) for which funds are made available in 
     accordance with such paragraph complies with the applicable 
     cost limitations in the following provisions of law:
       ``(A) Section 2805(d) of this title, with respect to 
     revitalization and recapitalization projects.
       ``(B) Section 2811 of this title, with respect to repair 
     projects.
       ``(C) Section 2802 of this title, with respect to 
     construction projects that exceed the cost specified in 
     subsection (a)(2) of section 2805 of this title for certain 
     unspecified minor military construction projects for 
     laboratories.
       ``(c) Annual Report on Use of Authority.--Not later than 
     March 1 of each year, 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.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 139 of such title is amended by 
     inserting after the item relating to section 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. 213. 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) 
     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
       ``(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) 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 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 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, is amended by striking ``Assistant Secretary'' and 
     inserting ``Under Secretary''.

     SEC. 214. 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), by striking ``cash'' both places it 
     appears;
       (3) in subsection (e)--
       (A) by striking ``and from State and local governments'' 
     and inserting ``, from State and local governments, and from 
     the private sector''; and
       (B) 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.''.

     SEC. 215. EXPANSION OF DEFINITION OF COMPETITIVE PROCEDURES 
                   TO INCLUDE COMPETITIVE SELECTION FOR AWARD OF 
                   RESEARCH AND DEVELOPMENT PROPOSALS.

       Section 2302(2)(B) of title 10, United States Code, is 
     amended by striking ``basic research'' and inserting 
     ``research and development''.

     SEC. 216. 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. 217. DIFFERENTIATION OF RESEARCH AND DEVELOPMENT 
                   ACTIVITIES FROM SERVICE ACTIVITIES.

       (a) In General.--For the purposes of activities and 
     programs carried out by the Department of Defense, research 
     and development activities, including activities under the 
     Small Business Innovation Research Program (SBIR) or the 
     Small Business Technology Transfer Program (STTR), shall be 
     considered as separate and distinct from contract service 
     activities.
       (b) Guidance.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     issue updated guidance to carry out this section.
       (c) Definitions.--
       (1) In general.--In this section:
       (A) The term ``advisory and assistance service'' has the 
     meaning given such term in section 1105(g)(2) of title 31, 
     United States Code.
       (B) The term ``research and development activities''--
       (i) means--

       (I) creative work undertaken on a systematic basis in order 
     to increase the stock of knowledge, including the knowledge 
     of man, culture, and society; and
       (II) the use of the stock of knowledge described in 
     subparagraph (A) to devise new applications; and

       (ii) includes activities described in section 9 of the 
     Small Business Act (15 U.S.C. 638).
       (C) The term ``contract service activities'' has the 
     meaning given the term ``contract services'' in section 
     2330(c) of title 10, United States Code.
       (D) The terms ``Small Business Innovation Research 
     Program'' and ``Small Business Technology Transfer Program'' 
     have the meanings given such terms in section 9(e) of the 
     Small Business Act (15 U.S.C. 638(e)).
       (2) Definition of services for purposes of requirements 
     relating to tracking of purchases of services.--Section 
     2330a(h) of title 10, United States Code, is amended by 
     inserting after paragraph (4) the following new paragraph:
       ``(5) Services.--The term `services' has the meaning given 
     the term `contract services' in section 2330(c) of this 
     title.''.

[[Page S5286]]

  


     SEC. 218. DESIGNATION OF ADDITIONAL DEPARTMENT OF DEFENSE 
                   SCIENCE AND TECHNOLOGY REINVENTION 
                   LABORATORIES.

       Section 1105(a) of the National Defense Authorization Act 
     for Fiscal Year 2010 (Public Law 111-84; 10 U.S.C. 2358 note) 
     is amended by adding at the end the following new paragraphs:
       ``(20) The Air Force Office of Scientific Research.
       ``(21) The 711th Human Performance Wing of the Air Force 
     Research Laboratory.
       ``(22) The Air Vehicles Directorate of the Air Force 
     Research Laboratory.
       ``(23) The Directed Energy Directorate of the Air Force 
     Research Laboratory.
       ``(24) The Information Directorate of the Air Force 
     Research Laboratory.
       ``(25) The Materials and Manufacturing Directorate of the 
     Air Force Research Laboratory.
       ``(26) The Munitions Directorate of the Air Force Research 
     Laboratory.
       ``(27) The Propulsion Directorate of the Air Force Research 
     Laboratory.
       ``(28) The Sensors Directorate of the Air Force Research 
     Laboratory.
       ``(29) The Space Vehicles Directorate of the Air Force 
     Research Laboratory.
       ``(30) The Naval Facilities Engineering and Expeditionary 
     Warfare Center.''.

     SEC. 219. DEPARTMENT OF DEFENSE DIRECTED ENERGY WEAPON SYSTEM 
                   PROTOTYPING AND DEMONSTRATION PROGRAM.

       (a) 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--
       (1) accelerating the fielding of directed energy weapon 
     systems that would help counter technological advantages of 
     potential adversaries of the United States; and
       (2) supporting the military departments, the combatant 
     commanders, the United States Special Operations Command, and 
     the Missile Defense Agency in developing prototypes and 
     demonstrating operational utility of high energy lasers and 
     high powered microwave weapon systems.
       (b) Guidelines.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Under Secretary shall issue 
     guidelines for the operation of the program established under 
     subsection (a), including--
       (A) criteria for an application for funding by a military 
     department, defense agency, or a combatant command;
       (B) the priorities, if any, to be provided to field 
     directed energy weapon system technologies developed by 
     research funding of the Department or industry; and
       (C) 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.
       (2) Limitation.--Funding for a military department, defense 
     agency, or combatant command under the program established 
     under subsection (a) 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.
       (c) Applications for Funding.--
       (1) In general.--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 subsection (a) 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 
     fielding or commercialization of technologies.
       (2) Treatment pursuant to certain congressional rules.--
     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.
       (d) Funding.--
       (1) In general.--Except as provided in paragraph (2) and 
     subject to the availability of appropriations for such 
     purpose, of the funds authorized to be appropriated by this 
     Act or otherwise made available for fiscal year 2018 for 
     research, development, test, and evaluation, defense-wide, 
     $200,000,000 shall 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 subsection (a).
       (2) Limitation.--Not more than half of the amounts made 
     available under paragraph (1) may be allocated as described 
     in such paragraph until the Under Secretary--
       (A) develops the strategic plan required by section 
     219(a)(2)(A) of the National Defense Authorization Act for 
     Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 2431 note); 
     and
       (B) submits such strategic plan to the congressional 
     defense committees.
       (e) Designation of Under Secretary of Defense for Research 
     and Engineering as the Official With Principal Responsibility 
     for Development and Demonstration of Directed Energy 
     Weapons.--Section 219(a)(1) 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 ``of Defense'' and inserting ``The 
     Under Secretary of Defense for Research and Engineering shall 
     serve''.
       (f) Under Secretary Defined.--In this section, 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 section 219(a)(1) of such Act (Public Law 114-
     328; 10 U.S.C. 2431 note), as amended by subsection (e).

     SEC. 220. AUTHORITY FOR THE UNDER SECRETARY OF DEFENSE FOR 
                   RESEARCH AND ENGINEERING TO PROMOTE INNOVATION 
                   IN THE DEPARTMENT OF DEFENSE.

       The Secretary of Defense shall establish procedures under 
     which the Under Secretary of Defense for Research and 
     Engineering may request a time-limited review and if 
     necessary require coordination on and modification of 
     proposed directives, rules, regulations, and other policies 
     that in Under Secretary's view would 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.

     SEC. 221. LIMITATION ON AVAILABILITY OF FUNDS FOR F-35 JOINT 
                   STRIKE FIGHTER FOLLOW-ON MODERNIZATION.

       None 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(d) of the National Defense Authorization 
     Act for Fiscal Year 2017 (Public Law 114-328).

     SEC. 222. 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.

                 Subtitle C--Reports and Other Matters

     SEC. 231. 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 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,

[[Page S5287]]

     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 written documentation 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 Defense and the Office of the Chairman of the 
     Joint Chiefs of Staff, 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. 232. 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) 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. 233. REQUIREMENT FOR A PLAN TO BUILD A PROTOTYPE FOR A 
                   NEW GROUND COMBAT VEHICLE FOR THE ARMY.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, 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:
       (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. 234. PLAN FOR SUCCESSFULLY FIELDING THE INTEGRATED AIR 
                   AND MISSILE DEFENSE BATTLE COMMAND SYSTEM.

       (a) Plan Required.--Not later than 180 days after the date 
     of the enactment of this Act, 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.--None 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).

     SEC. 235. SENSE OF CONGRESS ON HYPERSONIC WEAPONS.

       (a) Findings.--Congress makes the following findings:
       (1) The United States has gained a thorough understanding 
     of hypersonic technology over the course of seven decades of 
     experimentation.
       (2) The requirements for technological breakthroughs in 
     hypersonics have largely been established, allowing pursuit 
     of hypersonic glide weapons without a prohibitive budget 
     effect.
       (3) The Department of Defense has several hypersonic 
     research and development efforts underway, including 
     conventional prompt global strike (CPS) weapons system, the 
     Hypersonic Air-Breathing Weapon Concept, and the Tactical 
     Boost Glide program.
       (4) In testimony before the Committee on Armed Services of 
     the Senate on April 4, 2017, the Commander of United States 
     Strategic Command, General John Hyten, identified the 
     conventional prompt global strike weapons system as the 
     ``leading technology maturation effort in the realm of 
     hypersonics'' and stated that his command sees ``an 
     operational need for a CPS capabilities by the mid-2020s.''.
       (5) Hypersonic weapons present a radical change in warfare, 
     because they can circumvent many of the challenges associated 
     with contested warfare and integrated air defenses.
       (6) Hypersonic weapons may provide solutions to difficult 
     problem sets, such as anti-access area denial schemes, deeply 
     buried or hardened target sets, and mobile high value target 
     sets.
       (7) Other countries are aggressively pursuing hypersonic 
     weapons at an alarming rate that threaten to outpace the 
     United States if the United States does not more aggressively 
     pursue development of hypersonic weapons.
       (8) The Air Force has a $10,000,000 requirement on the 
     Unfunded Priority List for hypersonic prototyping.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the Department of Defense should expedite testing, 
     evaluation, and acquisition of hypersonic weapon systems to 
     meet the stated needs of the warfighter;
       (2) testing of such weapon systems should include flight 
     testing, ground based testing, and underwater launch testing;
       (3) the Department of Defense should adhere to the 
     requirement in section 1688 of the National Defense 
     Authorization Act for Fiscal Year 2017 (Public Law 114-328) 
     to proceed to a Milestone A decision on the conventional 
     prompt global strike weapons system not later than September 
     30, 2020, or the date that is 240 days after the successful 
     completion of intermediate range flight 2 of such system;
       (4) the United States cannot afford to lose its advantage 
     over foreign countries in developing hypersonic weapons; and
       (5) the Department of Defense should focus on the next 
     generation of weapon systems, including third offset 
     technologies, such as hypersonics.

                  TITLE III--OPERATION AND MAINTENANCE

              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--Logistics and Sustainment

     SEC. 311. 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, in consultation with the Secretary of Agriculture 
     and the Secretary of the Interior, may, as the Secretary 
     determines 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.
       (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. 312. 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.

[[Page S5288]]

       (c) Definitions.--The terms ``sustainment'', 
     ``restoration'', and ``modernization'' have the meanings 
     given the terms in the Department of Defense Financial 
     Management Regulation.

                          Subtitle C--Reports

     SEC. 321. 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).

                       Subtitle D--Other Matters

     SEC. 331. DEFENSE 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. Defense Siting Clearinghouse for review of 
       mission obstructions

       ``(a) Establishment.--(1) The Secretary of Defense shall 
     establish a Defense 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.
       ``(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 30 
     days after receiving from the Secretary of Transportation a 
     proper application for an energy project under section 44718 
     of title 49 that may have an adverse impact on military 
     operations and readiness, the 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 determines 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 
     determination 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 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 
     military impacts of projects filed with the Secretary of 
     Transportation pursuant to section 44718 of title 49.
       ``(2) In developing the strategy required by paragraph (1), 
     the Secretary shall--
       ``(A) assess of the magnitude of interference posed by 
     projects filed with the Secretary of Transportation pursuant 
     to section 44718 of title 49;
       ``(B) for the purpose of informing preliminary reviews 
     under subsection (c)(1) and early outreach efforts under 
     subsection (c)(5), identify geographic areas selected as 
     proposed locations for projects filed, or which may be filed 
     in the future, with the Secretary of Transportation pursuant 
     to section 44718 of title 49 where such projects could have 
     an adverse impact on military operations and readiness and 
     categorize the risk of adverse impact in such areas; and
       ``(C) specifically identify feasible and affordable long-
     term actions that may be taken to mitigate adverse impacts of 
     projects filed, or which may be filed in the future, with the 
     Secretary of Transportation pursuant to section 44718 of 
     title 49, on military operations and readiness, including--
       ``(i) investment priorities of the Department of Defense 
     with respect to research and development;
       ``(ii) modifications to military operations to accommodate 
     applications for such projects;
       ``(iii) recommended upgrades or modifications to existing 
     systems or procedures by the Department of Defense;
       ``(iv) acquisition of new systems by the Department and 
     other departments and agencies of the Federal Government and 
     timelines for fielding such new systems; and
       ``(v) modifications to the projects for which such 
     applications are filed, including changes in size, location, 
     or technology.
       ``(e) Department of Defense Determination of Unacceptable 
     Risk.--(1) The Secretary of Defense may not object to an 
     energy project filed with the Secretary of Transportation 
     pursuant to section 44718 of title 49, 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. Such a 
     determination shall constitute a finding pursuant to section 
     44718(f) of title 49.
       ``(2)(A) Not later than 30 days after making a 
     determination of unacceptable risk under paragraph (1), the 
     Secretary of Defense shall submit to the congressional 
     defense committees a report on such determination and the 
     basis for such determination. Such report shall include an 
     explanation of the operational impact that led to the 
     determination, 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 
     Secretary of Defense may provide public notice through the 
     Federal Register of the determination.
       ``(B) The Secretary of Defense shall notify the appropriate 
     State agency of a determination made under paragraph (1).
       ``(3) The Secretary of Defense may only delegate the 
     responsibility for making a determination of unacceptable 
     risk under paragraph (1) to the Deputy Secretary of Defense,

[[Page S5289]]

     an under secretary of defense, or a deputy under secretary of 
     defense.
       ``(f) Authority to Accept Contributions of Funds.--The 
     Secretary of Defense is authorized to request and accept a 
     voluntary contribution of funds from an applicant for a 
     project filed with the Secretary of Transportation pursuant 
     to section 44718 of title 49. Amounts so accepted shall 
     remain available until expended for the purpose of offsetting 
     the cost of measures undertaken by the Secretary of Defense 
     to mitigate adverse impacts of such a project on military 
     operations and readiness or to conduct studies of potential 
     measures to mitigate such impacts.
       ``(g) Effect of Department of Defense Hazard Assessment.--
     An action taken pursuant to this section shall not be 
     considered to be a substitute for any assessment or 
     determination required of the Secretary of Transportation 
     under section 44718 of title 49.
       ``(h) Savings Clause.--Nothing in this section shall be 
     construed to affect or limit the application of, or any 
     obligation to comply with, any environmental law, including 
     the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
     et seq.).
       ``(i) Definitions.--In this section:
       ``(1) The term `adverse impact on military operations and 
     readiness' means any adverse impact upon military operations 
     and readiness, including flight operations, research, 
     development, testing, and evaluation, and training, that is 
     demonstrable and is likely to impair or degrade the ability 
     of the armed forces to perform their warfighting missions.
       ``(2) The term `energy project' means a project that 
     provides for the generation or transmission of electrical 
     energy.
       ``(3) The term `landowner' means a person that owns a fee 
     interest in real property on which a proposed energy project 
     is planned to be located.
       ``(4) The term `military installation' has the meaning 
     given that term in section 2801(c)(4) of this title.
       ``(5) The term `military readiness' includes any training 
     or operation that could be related to combat readiness, 
     including testing and evaluation activities.
       ``(6) The term `military training route' means a training 
     route developed as part of the Military Training Route 
     Program, carried out jointly by the Federal Aviation 
     Administration and the Secretary of Defense, for use by the 
     armed forces for the purpose of conducting low-altitude, 
     high-speed military training.
       ``(7) The term `unacceptable risk to the national security 
     of the United States' means the construction, alteration, 
     establishment, or expansion, or the proposed construction, 
     alteration, establishment, or expansion, of a structure or 
     sanitary landfill that would--
       ``(A) significantly endanger safety in air commerce, 
     related to the activities of the Department of Defense;
       ``(B) significantly interfere with the efficient use and 
     preservation of the navigable airspace and of airport traffic 
     capacity at public-use airports, related to the activities of 
     the Department of Defense; or
       ``(C) 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 regulations.--Section 44718(g) of title 
     49, United States Code, is amended by striking ``211.3 of 
     title 32, Code of Federal Regulations, as in effect on 
     January 6, 2014'' both places it appears and inserting 
     ``183a(i) of title 10''.
       (4) Table of sections amendment.--The table of sections at 
     the beginning of chapter 7 of title 10 is amended by 
     inserting after the item relating to section 183 the 
     following new item:

``183a. Defense Siting Clearinghouse for review of mission 
              obstructions.''.
       (c) 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.

     SEC. 332. 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 leases and contracts 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 Army real 
     property manager 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 Army real 
     property manager may review the lease or contract pursuant to 
     paragraph (4).
       (4) Disposition of review.--If the Army real property 
     manager disapproves of a contract or lease submitted for 
     review under paragraph (3), the agreement shall be null and 
     void upon transmittal by the real property manager 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 Army real property 
     manager a new contract or lease that addresses the concerns 
     of the Army real property manager outlined in such 
     disapproval, the new contract or lease shall be deemed 
     approved unless the Army real property manager 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. 333. 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.
       (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

[[Page S5290]]

     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. 334. 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
       (4) conducting other educational programs related to women 
     in service.

     SEC. 335. AUTHORITY FOR AGREEMENTS TO REIMBURSE STATES FOR 
                   COSTS OF SUPPRESSING WILDFIRES ON STATE LANDS 
                   CAUSED BY DEPARTMENT OF DEFENSE ACTIVITIES 
                   UNDER LEASES AND OTHER GRANTS OF ACCESS TO 
                   STATE LANDS.

       Section 2691 of title 10, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(d) The Secretary of Defense may, in any lease, permit, 
     license, or other grant of access for use of lands owned by a 
     State, agree to reimburse the State for the reasonable costs 
     of the State in suppressing wildland fires caused by the 
     activities of the Department of Defense under such lease, 
     permit, license, or other grant of access.''.

     SEC. 336. 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 Rock Island 
     Arsenal 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, and caliber .22 rimfire rifles are not 
     subject to the transfer requirement under subsection (a).

     SEC. 337. 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) 
     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.''.

                   Subtitle E--Energy and Environment

     SEC. 341. AUTHORITY TO CARRY OUT ENVIRONMENTAL RESTORATION 
                   ACTIVITIES AT NATIONAL GUARD AND RESERVE 
                   LOCATIONS.

       Section 2701(a) of title 10, United States Code, is amended 
     by adding at the end the following new paragraph:
       ``(5) Authority to carry out activities at national guard 
     and reserve locations.--The Secretary may carry out 
     activities under this section at National Guard and Reserve 
     locations.''.

     SEC. 342. SPECIAL CONSIDERATIONS FOR ENERGY PERFORMANCE 
                   GOALS.

       Section 2911(c) of title 10, United States Code, is 
     amended--
       (1) in paragraph (1), by inserting ``and to reduce the 
     future demand and the requirements for the use of energy'' 
     after ``consumption of energy'';
       (2) in paragraph (2), by striking ``to reduce the future 
     demand and the requirements for the use of energy'' and 
     inserting ``to enhance energy resilience to ensure the 
     Department of Defense has the ability to prepare for and 
     recover from energy disruptions that impact mission assurance 
     on military installations''; and
       (3) by adding at the end the following new paragraph:
       ``(13) Opportunities to leverage third-party financing to 
     address installation energy needs.''.

     SEC. 343. CENTERS FOR DISEASE CONTROL STUDY ON HEALTH 
                   IMPLICATIONS OF PER- AND POLYFLUOROALKYL 
                   SUBSTANCES CONTAMINATION IN DRINKING WATER.

       (a) 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 in consultation with the Department of Defense, 
     shall--
       (1) 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 vectors, including the cumulative human 
     health implications of multiple types of PFAS contamination 
     at levels above and below health advisory levels;
       (2) 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)--
       (A) complete such study and make any appropriate 
     recommendations; and
       (B) submit a report to the appropriate congressional 
     committees on the results of such study; and
       (3) not later than one year after the date of the enactment 
     of this Act, and annually thereafter until submission of the 
     report under paragraph (2)(B), submit to the appropriate 
     congressional committees a report on the progress of the 
     study.
       (b) Authorization of Appropriations.--
       (1) Authorization.--There is authorized to be appropriated 
     $7,000,000 to carry out this section.
       (2) Offset.--The amount authorized to be appropriated for 
     fiscal year 2018 for the Department of Defense by section 301 
     for operation and maintenance is hereby reduced by 
     $7,000,000, with the amount of such decrease to be allocated 
     to operation and maintenance, Navy, SAG BSIT, as specified in 
     the funding tables in section 4301.
       (c) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the congressional defense committees;
       (2) the Committee on Heath, Education, Labor, and Pensions 
     and the Committee on Veterans' Affairs of the Senate; and
       (3) the Committee on Energy and Commerce and the Committee 
     on Veterans' Affairs of the House of Representatives.

     SEC. 344. ENVIRONMENTAL OVERSIGHT AND REMEDIATION AT RED HILL 
                   BULK FUEL STORAGE FACILITY.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the Red Hill Bulk Fuel Storage Facility located on 
     Oahu, Hawaii is a national strategic asset that--
       (A) supports combatant commander theater security 
     requirements;
       (B) supports contingency operations;
       (C) provides essential and timely support to the United 
     States and allies' military mobilizations and disaster 
     response efforts in the Indo-Asia-Pacific and around the 
     world; and
       (D) is routinely used to support normal transit of Navy and 
     Air Force movements in the region;
       (2) the facility in its current form cannot be replicated 
     anywhere else in the world;
       (3) moving the fuel to another storage facility in the 
     Indo-Asia-Pacific would have implications for the United 
     States military force structure in the State of Hawaii and 
     put at risk billions of dollars in annual economic activity 
     that the Armed Forces bring to the State of Hawaii;
       (4) if the facility were closed, the United States Armed 
     Forces would be unable to support the National Military 
     Strategy, including the goals of the United States Pacific 
     Commander, and national security interests would be 
     significantly undermined;
       (5) constant vigilance is required to ensure that facility 
     degradation and fuel leaks do not pose a threat to the people 
     of Hawaii, especially the drinking water on Oahu; and
       (6) despite its importance, the facility continues to face 
     long-term challenges without robust and consistent funding 
     that provides the Navy and the Defense Logistics Agency with 
     the resources needed to improve the tanks and associated 
     infrastructure.
       (b) Budget Submissions.--
       (1) Annual budget justification.--The Secretary of Defense, 
     in consultation with the Secretary of the Navy, shall ensure 
     that the budget justification materials submitted to Congress 
     in support of the Department of Defense budget for any fiscal 
     year (as submitted with the budget of the President under 
     section 1105(a) of title 31, United States Code) includes a 
     description of how the Department will use funds to support 
     any deliverables that the parties of the Administrative Order 
     on Consent/Statement of Work have identified as necessary to 
     mitigate and prevent fuel leaks at the Red Hill Bulk Fuel 
     Storage Facility on Oahu, Hawaii.
       (2) Future years defense budget.--The Secretary of Defense, 
     in consultation with the Secretary of the Navy, shall ensure 
     that each future-years defense program submitted to Congress 
     under section 221 of title 10,

[[Page S5291]]

     United States Code, describes how the Department will use 
     funds to support any deliverables that the parties of the 
     Administrative Order on Consent/Statement of Work have 
     identified as necessary to mitigate and prevent fuel leaks at 
     the Red Hill Bulk Fuel Storage Facility on Oahu, Hawaii, in 
     the period covered by the future-years defense program.
       (c) Administrative Order on Consent/Statement of Work 
     Defined.--In this section, the term ``Administrative Order on 
     Consent/Statement of Work'' means a legally enforceable 
     agreement between the United States Department of the Navy 
     (Navy), the Defense Logistics Agency (DLA), the United States 
     Environmental Protection Agency (EPA), Region 9, and the 
     State of Hawaii Department of Health (DOH) that the parties 
     voluntarily entered into on September 28, 2015 [EPA DKT NO. 
     RCRA 7003-R9-2015-01/DOH DKT NO. 15-UST-EA-01].

              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                       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, 481,000.
       (2) The Navy, 327,900.
       (3) The Marine Corps, 186,000.
       (4) 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 
     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 
     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. NUMBER OF MEMBERS OF THE NATIONAL GUARD ON FULL-
                   TIME DUTY IN SUPPORT OF THE RESERVES WITHIN THE 
                   NATIONAL GUARD BUREAU.

       Within the personnel authorized by paragraphs (1) and (5) 
     of section 412, the number of personnel under each such 
     paragraph who may serve with the National Guard Bureau may 
     not exceed the number equal to six percent of the number 
     authorized by such paragraph.

              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. CLARIFICATION OF BASELINES FOR AUTHORIZED NUMBERS 
                   OF GENERAL AND FLAG OFFICERS ON ACTIVE DUTY AND 
                   IN JOINT DUTY ASSIGNMENTS.

       (a) Active-duty Baseline.--Subsection (h)(2) of section 526 
     of title 10, United States Code, is amended by striking ``the 
     lower of'' and all that follows and inserting ``the statutory 
     limit of general officers or flag officers of that armed 
     force under subsection (a).''.
       (b) Joint Duty Assignment Baseline.--Subsection (i)(2) of 
     such section is amended by striking ``the lower of'' and all 
     that follows and inserting ``the statutory limit on general 
     officer and flag officer positions that are joint duty 
     assignments under subsection (b)(1).''.

     SEC. 502. AUTHORITY OF PROMOTION BOARDS TO RECOMMEND OFFICERS 
                   OF PARTICULAR MERIT BE PLACED AT THE TOP OF THE 
                   PROMOTION LIST.

       (a) Authority of Promotion Boards To Recommend Officers of 
     Particular Merit Be Placed at Top of Promotion List.--Section 
     616 of title 10, United States Code, is amended by adding at 
     the end the following new subsection:
       ``(g)(1) In selecting the officers to be recommended for 
     promotion, a selection board may, when authorized by the 
     Secretary of the military department concerned, recommend 
     officers of particular merit, from among those officers 
     selected for promotion, to be placed at the top of the 
     promotion list promulgated by the Secretary under section 
     624(a)(1) of this title.
       ``(2) The number of such officers placed at the top of the 
     promotion list may not exceed the number equal to 20 percent 
     of the maximum number of officers that the board is 
     authorized to recommend for promotion in such competitive 
     category. If the number determined under this subsection is 
     less than one, the board may recommend one such officer.
       ``(3) No officer may be recommended to be placed at the top 
     of the promotion list unless the officer receives the 
     recommendation of at least a majority of the members of a 
     board for such placement.
       ``(4) For the officers recommended to be placed at the top 
     of the promotion list, the board shall recommend the order in 
     which these officers should be promoted.''.
       (b) Officers of Particular Merit Appearing at Top of 
     Promotion List.--Section 624(a)(1) of such title is amended 
     by inserting ``, except such officers of particular merit who 
     were approved by the President and recommended by the board 
     to be placed at the top of the promotion list under section 
     616(g) of this title as these officers shall be placed at the 
     top of the promotion list in the order recommended by the 
     board'' after ``officers on the active-duty list''.

     SEC. 503. 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''.

[[Page S5292]]

  


     SEC. 504. 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.

       (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 such title 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.''.

     SEC. 505. REPEAL 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)--
       (A) by striking paragraph (1); and
       (B) by redesignating paragraphs (2) through (4) as 
     paragraphs (1) through (3), respectively; and
       (2) in subsection (d)--
       (A) by striking paragraph (2); and
       (B) by redesignating paragraphs (3) and (4) as paragraphs 
     (2) and (3), respectively.

     SEC. 506. 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. 507. 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. 508. 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.--Effective as of December 23, 2016, and as if 
     included in the enactment of the National Defense 
     Authorization Act for Fiscal Year 2017 (Public Law 114-328) 
     to which it relates, section 502 of that Act (130 Stat. 2102) 
     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.''.
       (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. 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.

       (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), the officer 
     holding a position specified in subsection (b) as of December 
     23, 2016, in the grade of rear admiral (lower half) or 
     brigadier general, as applicable, may be retired after that 
     date in such grade with the retired pay of such grade (unless 
     entitled to higher pay under another provision of law).
       (b) Specified Positions.--The positions specified in this 
     subsection are the following:
       (1) The Assistant Judge Advocate General of the Navy 
     provided for by section 5149(b) of title 10, United States 
     Code.
       (2) The Assistant Judge Advocate General of the Navy 
     provided for by section 5149(c) of title 10, United States 
     Code.

     SEC. 510. 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, 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 such 
     title is amended by striking ``December 31, 2018'' and 
     inserting ``December 31, 2023''.

     SEC. 510A. AUTHORITY FOR OFFICERS TO OPT-OUT OF PROMOTION 
                   BOARD CONSIDERATION.

       (a) Active-duty List Officers.--Section 619 of title 10, 
     United States Code, is amended--
       (1) in subsection (d), by adding at the end the following 
     new paragraph:
       ``(6) An officer excluded under subsection (e).''; and
       (2) by adding at the end the following new subsection:
       ``(e) Authority to Permit Officers to Opt Out of Selection 
     Board Consideration.--The Secretary of Defense may authorize 
     the Secretary of a military department to provide that an 
     officer under the jurisdiction of that Secretary may, upon 
     the officer's request and with the approval of the Secretary 
     concerned, be excluded from consideration by a selection 
     board convened under section 611(a) of this title to consider 
     officers for promotion to the next higher grade. The 
     Secretary concerned may only approve such a request if--
       ``(1) the basis for the request is to allow an officer to 
     complete a broadening assignment, advanced education, another 
     assignment of significant value to the Department of Defense, 
     or a career progression requirement delayed by the assignment 
     of education;
       ``(2) the Secretary concerned determines the exclusion from 
     consideration is in the best interest of the military 
     department concerned; and
       ``(3) the officer has not previously failed of selection 
     for promotion to the grade for which the officer requests the 
     exclusion from consideration.''.
       (b) Reserve Active-status List Officers.--Section 14301 of 
     such title is amended--
       (1) in subsection (c)--
       (A) in the subsection heading, by striking ``Previously 
     Selected Officers Not Eligible'' and inserting ``Certain 
     Officers Not''; and
       (B) by adding at the end the following new paragraph:
       ``(6) An officer excluded under subsection (j).''; and
       (2) by adding at the end the following new subsection:
       ``(j) Authority to Permit Officers to Opt Out of Selection 
     Board Consideration.--The Secretary of Defense may authorize 
     the Secretary of a military department to provide that an 
     officer under the jurisdiction of that Secretary may, upon 
     the officer's request and with the approval of the Secretary 
     concerned, be excluded from consideration by a selection 
     board convened under section 14101(a) of this title to 
     consider officers for promotion to the next higher grade. The 
     Secretary concerned may only approve such a request if--
       ``(1) the basis for the request is to allow an officer to 
     complete a broadening assignment, advanced education, another 
     assignment of significant value to the Department of Defense, 
     or a career progression requirement delayed by the assignment 
     or education;
       ``(2) the Secretary concerned determines the exclusion from 
     consideration is in the

[[Page S5293]]

     best interest of the military department concerned; and
       ``(3) the officer has not previously failed of selection 
     for promotion to the grade for which the officer requests the 
     exclusion from consideration.''.

     SEC. 510B. 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 21, 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.''.

                Subtitle B--Reserve Component Management

     SEC. 511. 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 
     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. 512. ESTABLISHMENT OF OFFICE OF COMPLEX INVESTIGATIONS 
                   WITHIN THE NATIONAL GUARD BUREAU.

       (a) Establishment.--Chapter 1101 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 10509. Office of Complex Investigations

       ``(a) In General.--There is in the National Guard Bureau an 
     Office of Complex Investigations (in this section referred to 
     as the `Office') under the authority, direction, and control 
     of the Chief of the National Guard Bureau.
       ``(b) Disposition and Functions.--The Office shall be 
     organized, trained, equipped, and managed to conduct 
     administrative investigations in order to assist the States 
     in the organization, maintenance, and operation of the 
     National Guard as follows:
       ``(1) In investigations of allegations of sexual assault 
     involving members of the National Guard.
       ``(2) In investigations in circumstances involving members 
     of the National Guard in which other law enforcement agencies 
     within the Department of Defense do not have, or have 
     limited, jurisdiction or authority to investigate.
       ``(3) In investigations in such other circumstances 
     involving members of the National Guard as the Chief of the 
     National Guard Bureau may direct.
       ``(c) Scope of Investigative Authority.--Individuals 
     performing investigations described in subsection (b)(1) are 
     authorized--
       ``(1) to have access to all records, reports, audits, 
     reviews, documents, papers, recommendations, or other 
     material available to the applicable establishment which 
     relate to programs and operations with respect to the 
     National Guard; and
       ``(2) to request such information or assistance as may be 
     necessary for carrying out those duties from any Federal, 
     State, or local governmental agency or unit thereof.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 1101 of such title is amended by adding 
     at the end the following new item:

``10509. Office of Complex Investigations.''.

                Subtitle C--General Service Authorities

     SEC. 516. REPORT ON POLICIES FOR REGULAR AND RESERVE OFFICER 
                   CAREER MANAGEMENT.

       (a) Report Required.--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 setting forth the results of a review, undertaken by 
     the Secretary for purposes of the report, 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.--The report required by subsection (a) shall 
     include recommendations for the following:
       (1) Mechanisms to increase the ability of officers to 
     repeatedly transition between active duty and reserve active-
     status throughout the course of their military careers.
       (2) Mechanisms to provide the Armed Forces additional 
     flexibility in managing the populations of officers in the 
     grades of major, lieutenant colonel, and colonel and Navy 
     grades of lieutenant commander, commander, and captain.
       (3) Mechanisms to use the modernized retirement system 
     provided by part I of subtitle D of title VI of the National 
     Defense Authorization Act for Fiscal Year 2016 (Public Law 
     114-92) to encourage officers to pursue careers of lengths 
     that vary from the traditional 20-year military career.
       (4) Mechanisms to provide for alternative career tracks for 
     officers that encourage and facilitate the recruitment and 
     retention of officers with technical expertise.
       (5) Mechanisms for a career and promotion path for officers 
     in cyber-related specialties.
       (6) Mechanism to ensure the officer corps does not become 
     disproportionately weighted toward officers serving in the 
     grades of major, lieutenant colonel, and colonel and Navy 
     grades of lieutenant commander, commander, and captain.
       (7) Any other mechanisms or matters the Secretary considers 
     appropriate to improve the effective recruitment, management, 
     and retention of regular and reserve officers of the Armed 
     Forces.
       (c) Scope of Report.--If any recommendation of the 
     Secretary in the report required by subsection (a) 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. 517. RESPONSIBILITY OF CHIEFS OF STAFF OF THE ARMED 
                   FORCES FOR STANDARDS AND QUALIFICATIONS FOR 
                   MILITARY SPECIALTIES WITHIN THE ARMED FORCES.

       (a) In General.--Except as provided in subsection (d), 
     responsibility within an Armed Force for establishing, 
     approving, and modifying the criteria, standards, and 
     qualifications for military speciality codes within that 
     Armed Force shall be vested solely in the Chief of Staff of 
     that Armed Force.
       (b) Military Specialty Codes.--For purposes of this 
     section, a military specialty code is as follows:
       (1) A Military Occupational Speciality Code (MOS) and any 
     other military specialty or military occupational specialty 
     of the Army, in the case of the Army.
       (2) A Naval Enlisted Code (NEC), Unrestricted Duty code, 
     Restricted Duty code, Restricted Line duty code, Staff Corps 
     code, Limited Duty code, Warrant Officer code, and any other 
     military specialty or military occupational specialty of the 
     Navy, in the case of the Navy.
       (3) An Air Force Specialty Code (AFSC) and any other 
     military specialty or military occupational specialty of the 
     Air Force, in the case of the Air Force.
       (4) A Military Occupational Speciality Code (MOS) and any 
     other military specialty or military occupational specialty 
     of the Marine Corps, in the case of the Marine Corps.
       (c) Chief of Staff for Marine Corps.--For purposes of this 
     section, the Commandant of the Marine Corps shall be deemed 
     to be the Chief of Staff of the Marine Corps.
       (d) Gender Integration.--Nothing in this section shall be 
     construed to terminate, alter, or revise the authority of the 
     Secretary of Defense to establish, approve, modify, or 
     otherwise regulate gender-based criteria, standards, and 
     qualifications for military specialties within the Armed 
     Forces.

     SEC. 518. CONFIDENTIAL REVIEW OF CHARACTERIZATION OF TERMS OF 
                   DISCHARGE OF MEMBERS OF THE ARMED FORCES WHO 
                   ARE SURVIVORS OF SEXUAL ASSAULT.

       (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--

[[Page S5294]]

       (A) a heading as follows:

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

       (B) a text consisting of the text of section 547 of the 
     Carl Levin and Howard P. ``Buck'' McKeon National Defense 
     Authorization Act for Fiscal Year 2015 (Public Law 113-291; 
     128 Stat. 3375; 10 U.S.C. 1553 note).
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 79 of such title 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 survivors of sex-
              related offenses.''.
       (3) Conforming repeal.--Section 547 of the Carl Levin and 
     Howard P. ``Buck'' McKeon National Defense Authorization Act 
     for Fiscal Year 2015 is repealed.
       (b) Terminology.--Subsection (a) of section 1554b of title 
     10, United States Code, as added by subsection (a) of this 
     section, is amended by striking ``victim'' each place it 
     appears and inserting ``survivor''.
       (c) Clarification of Applicability to Individuals Who 
     Allege They Were a Survivor of a Sex-related Offense During 
     Military Service.--Subsection (a) of such section 1554b, as 
     so added, is further amended by inserting after ``sex-related 
     offense'' the following: ``, or alleges that the individual 
     was the survivor of a sex-related offense,''.
       (d) Conforming Amendments.--Such section 1554b, as so 
     added, 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), by striking ``boards for the 
     correction of military records'' and inserting ``boards of 
     the military department concerned established in accordance 
     with this chapter''; and
       (4) in subsection (d)--
       (A) in paragraph (1), by striking ``title 10, United States 
     Code'' and inserting ``this title''; and
       (B) in paragraphs (2) and (3), by striking ``such title'' 
     and inserting ``this title''.

     SEC. 519. IMPROVEMENTS TO CERTAIN AUTHORITIES AND PROCEDURES 
                   OF DISCHARGE REVIEW BOARDS.

       (a) Repeal of 15-year Statute of Limitations on Motions or 
     Requests for Review.--Subsection (a) of section 1553 of title 
     10, United States Code, is amended by striking the second 
     sentence.
       (b) Telephonic Presentation of Evidence.--Subsection (c) of 
     such section is amended in the second sentence by striking 
     ``or by affidavit'' and inserting ``, by affidavit, or by 
     telephone or video conference (to the extent reasonable and 
     technically feasible)''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2018.

     SEC. 520. 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.--Section 
     1552(h) of title 10, United States Code, is amended by adding 
     at the end the following new paragraph:
       ``(4) The number and disposition of claims decided during 
     the calendar quarter preceding the calendar quarter in which 
     such information is made available in which sexual assault is 
     alleged to have contributed, whether in whole or in part, to 
     the original characterization of the discharge or release of 
     the claimant.''.
       (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.''.

                  Subtitle D--Military Justice Matters

     SEC. 521. REVISION TO MANUAL FOR COURTS-MARTIAL WITH RESPECT 
                   TO DISSEMINATION OF VISUAL DEPICTIONS OF 
                   PRIVATE AREAS OR SEXUALLY EXPLICIT CONDUCT 
                   WITHOUT THE CONSENT OF THE PERSON DEPICTED.

       (a) Requirement To Enumerate Offense for Purposes of 
     General Punitive Article.--Not later than 180 days after the 
     date of the enactment of this Act, part IV of the Manual for 
     Courts-Martial shall be amended to include as an enumerated 
     offense under section 934 of title 10, United States Code 
     (article 134 of the Uniform Code of Military Justice), the 
     distribution of a visual depiction of the private area of a 
     person or of sexually explicit conduct involving a person 
     that was--
       (1) photographed, videotaped, filmed, or recorded by any 
     means with the consent of such person; and
       (2) distributed by another person who knew or should have 
     known that the depicted person did not consent to such 
     distribution.
       (b) Private Area Defined.--In this section, the term 
     ``private area'' has the meaning given the term in section 
     920c(d) of title 10, United States Code (article 120c(d) of 
     the Uniform Code of Military Justice).

     SEC. 522. TECHNICAL AND CONFORMING AMENDMENTS IN CONNECTION 
                   WITH REFORM OF THE UNIFORM CODE OF MILITARY 
                   JUSTICE.

       (a) Articles 1, 6b, and 137.--
       (1) Section 801 of title 10, United States Code (article 1 
     of the Uniform Code of Military Justice), is amended in the 
     matter preceding paragraph (1) by striking ``chapter:'' and 
     inserting ``chapter (the Uniform Code of Military 
     Justice):''.
       (2) Section 806b(b) of title 10, United States Code 
     (article 6b(b) of the Uniform Code of Military Justice), is 
     amended by striking ``(the Uniform Code of Military 
     Justice)''.
       (3) Section 937 of title 10, United States Code (article 
     137 of the Uniform Code of Military Justice), as amended by 
     section 5503 of the National Defense Authorization Act for 
     Fiscal Year 2017 (Public Law 114-328), is further amended by 
     striking ``(the Uniform Code of Military Justice)'' each 
     place it appears as follows:
       (A) In subsection (a)(1), in the matter preceding 
     subparagraph (A).
       (B) In subsection (b), in the matter preceding subparagraph 
     (A).
       (C) In subsection (d), in the matter preceding paragraph 
     (1).
       (b) Article 6b.--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 after ``President,'' the following: 
     ``subject to section 830a of this title (article 30a).'';
       (2) by striking ``and, to the extent practicable,'' and 
     inserting ``To the extent practicable, such a petition''; and
       (3) by striking ``before the court.'' and inserting 
     ``before the Court of Criminal Appeals.''.
       (c) Article 30a.--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 
     National Defense Authorization Act for Fiscal Year 2017, 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 subsections (c) and (e) of 
     section 806b of this title (article 6b).''.
       (d) Article 39.--Subsection (a)(4) of section 839 of title 
     10, United States Code (article 39 of the Uniform Code of 
     Military Justice), as amended by section 5222(1) of the 
     National Defense Authorization Act for Fiscal Year 2017, is 
     amended by striking ``in non-capital cases unless the accused 
     requests sentencing by members under section 825 of this 
     title (article 25)'' and inserting ``under section 853(b)(1) 
     of this title (article 53(b)(1))''.
       (e) Article 43.--Subsection (i) of section 843 of title 10, 
     United States Code (article 43 of the Uniform Code of 
     Military Justice), as added by section 5225(c) of the 
     National Defense Authorization Act for Fiscal Year 2017, is 
     amended by striking ``Dna Evidence.--'' and inserting ``DNA 
     Evidence.--''.
       (f) Article 48.--Subsection (c)(1) of section 848 of title 
     10, United States Code (article 48 of the Uniform Code of 
     Military Justice), as amended by section 5230 of the National 
     Defense Authorization Act for Fiscal Year 2017, is further 
     amended by striking ``section 866(g) of this title (article 
     66(g))'' and inserting ``section 866(h) of this title 
     (article 66(h))''.
       (g) Article 53.--Subsection (b)(1)(B) of section 853 of 
     title 10, United States Code (article 53 of the Uniform Code 
     of Military Justice), as amended by section 5236 of the 
     National Defense Authorization Act for Fiscal Year 2017, is 
     further amended by striking ``in a trial''.
       (h) Article 53a.--Subsection (d) of section 853a of title 
     10, United States Code (article 53a of the Uniform Code of 
     Military Justice), as added by section 5237 of the National 
     Defense Authorization Act for Fiscal Year 2017, is amended by 
     striking ``military judge'' the second place it appears and 
     inserting ``court-martial''.
       (i) Article 56.--Subsection (d)(1) of section 856 of title 
     10, United States Code (article 56 of the Uniform Code of 
     Military Justice), as amended by section 5301 of the National 
     Defense Authorization Act for Fiscal Year 2017, is further 
     amended--
       (1) in the matter preceding subparagraph (A), by inserting 
     after ``concerned,'' the following: ``under standards and 
     procedures set forth in regulations prescribed by the 
     President,''; and
       (2) in subparagraph (B), by inserting after ``(B)'' the 
     following: ``as determined in accordance with standards and 
     procedures prescribed by the President,''.
       (j) Article 58a.--
       (1) 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 National 
     Defense Authorization Act for Fiscal Year 2017, is further 
     amended in the matter after paragraph (3) by inserting after 
     ``reduces'' the following: ``, if such a reduction is 
     authorized by regulation prescribed by the President,''.
       (2) The heading of such section (article) is amended to 
     read as follows:

[[Page S5295]]

  


     ``Sec. 858a. Art 58a. Sentences: reduction in enlisted 
       grade''.

       (k) Article 58b.--Subsection (b) of section 858b of title 
     10, United States Code (article 58b 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)''.
       (l) Article 62.--Subsection (b) of section 862 of title 10, 
     United States Code (article 62 of the Uniform Code of 
     Military Justice), is amended by striking ``, notwithstanding 
     section 866(c) of this title (article 66(c))''.
       (m) Article 63.--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 National 
     Defense Authorization Act for Fiscal Year 2017, is amended by 
     striking the period at the end and inserting ``, subject to 
     such limitations as the President may prescribe by 
     regulation.''.
       (n) Article 64.--Subsection (a) of section 864 of title 10, 
     United States Code (article 64 of the Uniform Code of 
     Military Justice), as amended by section 5328(a) of the 
     National Defense Authorization Act for Fiscal Year 2017, is 
     further amended by striking ``(a) (a) In General.--'' and 
     inserting ``(a) In General.--''.
       (o) Article 65.--Subsection (b)(1) of section 865 of title 
     10, United States Code (article 65 of the Uniform Code of 
     Military Justice), as amended by section 5329 of the National 
     Defense Authorization Act for Fiscal Year 2017, is further 
     amended by striking ``section 866(b)(2) of this title 
     (article 66(b)(2))'' and inserting ``section 866(b)(3) of 
     this title (article 66(b)(3))''.
       (p) Article 66.--Subsection (e)(2)(C) of section 866 of 
     title 10, United States Code (article 66 of the Uniform Code 
     of Military Justice), as amended by section 5330 of the 
     National Defense Authorization Act for Fiscal Year 2017, is 
     further amended by inserting after ``required'' the 
     following: ``by regulation prescribed by the President or''.
       (q) Article 69.--Subsection (c)(1)(A) of section 869 of 
     title 10, United States Code (article 69 of the Uniform Code 
     of Military Justice), as amended by section 5233 of the 
     National Defense Authorization Act for Fiscal Year 2017, is 
     further amended by inserting a comma after ``in part''.
       (r) Article 82.--Subsection (b) of section 882 of title 10, 
     United States Code (article 82 of the Uniform Code of 
     Military Justice), as amended by section 5403 of the National 
     Defense Authorization Act for Fiscal Year 2017, is further 
     amended by striking ``section 99'' and inserting ``section 
     899''.
       (s) Article 103a.--Section 8312(b)(2)(A) of title 5, United 
     States Code, is amended by striking ``article 106a'' and 
     inserting ``article 103a''.
       (t) Article 119a.--Subsection (b) of section 919a of title 
     10, United States Code (article 119a of the Uniform Code of 
     Military Justice), as amended by section 5401(13)(B) of the 
     National Defense Authorization Act for Fiscal Year 2017, is 
     further amended--
       (1) by striking ``928a, 926, and 928'' and inserting ``926, 
     928, and 928a''; and
       (2) by striking ``128a 126, and 128'' and inserting ``126, 
     128, and 128a''.
       (u) Article 120.--Subsection (g)(2) of section 920 of title 
     10, United States Code (article 120 of the Uniform Code of 
     Military Justice), as amended by section 5430(b) of the 
     National Defense Authorization Act for Fiscal Year 2017, is 
     further amended in the first sentence by striking ``brest'' 
     and inserting ``breast''.
       (v) Article 128.--Subsection (b)(2) of section 928 of title 
     10, United States Code (article 128 of the Uniform Code of 
     Military Justice), as amended by section 5441 of the National 
     Defense Authorization Act for Fiscal Year 2017, is further 
     amended by striking the comma after ``substantial bodily 
     harm''.
       (w) Article 132.--Subsection (b)(2) of section 932 of title 
     10, United States Code (article 132 of the Uniform Code of 
     Military Justice), as added by section 5450 of the National 
     Defense Authorization Act for Fiscal Year 2017, is amended by 
     striking ``section 1034(h)'' and inserting ``section 
     1034(j)''.
       (x) Article 146.--Subsection (f) of section 946 of title 
     10, United States Code (article 146 of the Uniform Code of 
     Military Justice), as amended by section 5521 of the National 
     Defense Authorization Act for Fiscal Year 2017, is further 
     amended--
       (1) 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
       (2) 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.''.
       (y) Tables of Sections.--
       (1) The table of sections at the beginning of subchapter II 
     of chapter 47 of title 10, United States Code (the Uniform 
     Code of Military Justice), as amended by section 5541(1) of 
     the National Defense Authorization Act for Fiscal Year 2017, 
     is further amended in the items relating to sections 810 and 
     812 (articles 10 and 12) by striking ``Art.''.
       (2) The table of sections at the beginning of subchapter V 
     of chapter 47 of title 10, United States Code (the Uniform 
     Code of Military Justice), as amended by section 5541(2) of 
     the National Defense Authorization Act for Fiscal Year 2017, 
     is further amended--
       (A) by striking ``825.'' the second place it appears and 
     inserting ``825a.''; and
       (B) in the items relating to sections 825a, 826a, and 829 
     (articles 25a, 26a, and 29), by striking ``Art.''.
       (3) The table of sections at the beginning of subchapter VI 
     of chapter 47 of title 10, United States Code (the Uniform 
     Code of Military Justice), as amended by section 5541(3) of 
     the National Defense Authorization Act for Fiscal Year 2017, 
     is further amended--
       (A) by striking ``830.'' the second place it appears and 
     inserting ``830a.''; and
       (B) in the items relating to sections 830a and 832 through 
     835 (articles 30a and 32 through 35), by striking ``Art.''.
       (4) The table of sections at the beginning of subchapter 
     VII of chapter 47 of title 10, United States Code (the 
     Uniform Code of Military Justice), as amended by section 
     5541(4) of the National Defense Authorization Act for Fiscal 
     Year 2017, is further amended in the items relating to 
     sections 846 through 848, 850, 852, 853, and 853a (articles 
     46 through 48, 50, 52, 53, and 53a) by striking ``Art.''.
       (5) 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), as amended by section 
     5541(5) of the National Defense Authorization Act for Fiscal 
     Year 2017, is further amended by striking the item relating 
     to section 858a (article 58a) and inserting the following new 
     item:

``858a. 58a. Sentences: reduction in enlisted grade.''.
       (6) The table of sections at the beginning of subchapter IX 
     of chapter 47 of title 10, United States Code (the Uniform 
     Code of Military Justice), as amended by section 5541(6) of 
     the National Defense Authorization Act for Fiscal Year 2017, 
     is further amended in the items relating to sections 860 
     through 861, 864 through 866, and 869 (articles 60 through 
     61, 64 through 66, and 69) by striking ``Art.''.
       (7) 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), as amended by section 5452 of the 
     National Defense Authorization Act for Fiscal Year 2017, is 
     further amended--
       (A) in the items relating to sections 877 through 934 
     (articles 77 through 134), by striking ``Art.'';
       (B) in the item relating to section 887a (article 87a), by 
     striking ``Resistence'' and inserting ``Resistance'';
       (C) in the item relating to section 908 (article 108), by 
     striking ``of the United States-Loss'' and inserting ``of 
     United States-Loss,''; and
       (D) in the item relating to section 909 (article 109), by 
     striking ``of the'' and inserting ``of''.
       (8) The table of sections at the beginning of subchapter XI 
     of chapter 47 of title 10, United States Code (the Uniform 
     Code of Military Justice), as amended by section 5541(7) of 
     the National Defense Authorization Act for Fiscal Year 2017, 
     is further amended in the items relating to sections 936 and 
     940a (articles 136 and 140a) by striking ``Art.''.
       (9) The table of sections at the beginning of subchapter 
     XII of chapter 47 of title 10, United States Code (the 
     Uniform Code of Military Justice), as amended by section 
     5541(8) of the National Defense Authorization Act for Fiscal 
     Year 2017, is further amended in the items relating to 
     sections 946 and 946a (articles 146 and 146a) by striking 
     ``Art.''.
       (z) Other Provisions of Title 10 in Connection With UCMJ 
     Reform.--
       (1) Section 673(a) of title 10, United States Code, is 
     amended by striking ``section 920, 920a, or 920c of this 
     title (article 120, 120a, or 120c of the Uniform Code of 
     Military Justice)'' and inserting ``section 920, 920c, or 930 
     of this title (article 120, 120c, or 130 of the Uniform Code 
     of Military Justice)''.
       (2) Section 674(a) of such title is amended by striking 
     ``section 920, 920a, 920b, 920c, or 925 of this title 
     (article 120, 120a, 120b, 120c, or 125 of the Uniform Code of 
     Military Justice)'' and inserting ``section 920, 920b, 920c, 
     or 930 of this title (article 120, 120b, 120c, or 130 of the 
     Uniform Code of Military Justice)''.
       (3) Section 1034(c)(2)(A) of such title is amended by 
     striking ``sections 920 through 920c of this title (articles 
     120 through 120c of the Uniform Code of Military Justice)'' 
     and inserting ``section 920, 920b, 920c, or 930 of this title 
     (article 120, 120b, 120c, or 130 of the Uniform Code of 
     Military Justice)''.
       (4) Section 1044e(g)(1) of such title is amended by 
     striking ``section 920, 920a, 920b, 920c, or 925 of this 
     title (article 120, 120a, 120b, 120c, or 125 of the Uniform 
     Code of Military Justice)'' and inserting ``section 920, 
     920b, 920c, or 930 of this title (article 120, 120b, 120c, or 
     130 of the Uniform Code of Military Justice)''.
       (5) Section 1059(e) of such title is amended--
       (A) 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

[[Page S5296]]

       (B) 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),''.
       (6) Section 1408(h)(10)(A) of such title is amended by 
     striking ``the approval'' and all that follows and inserting 
     ``entry of judgment under section 860c of this title (article 
     60c of the Uniform Code of Military Justice).''.
       (aa) Effective Date.--The amendments made by this section 
     shall take effect immediately after the coming into effect of 
     the amendments made by division E of the National Defense 
     Authorization Act for Fiscal Year 2017, as provided for in 
     section 5542 of that Act.

     SEC. 523. PRIORITY OF REVIEW BY COURT OF APPEALS FOR THE 
                   ARMED FORCES OF DECISIONS OF COURTS OF CRIMINAL 
                   APPEALS ON PETITIONS FOR ENFORCEMENT OF 
                   VICTIMS' RIGHTS.

       (a) Priority.--Section 806b(e)(3) of title 10, United 
     States Code (article 6b(e)(3) of the Uniform Code of Military 
     Justice), as amended by section 522(b) of this Act, is 
     further amended by adding at the end the following new 
     sentence: ``Review of any decision on such a petition by the 
     Court of Appeals for the Armed Forces 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) Effective Date.--The amendment made by subsection (a) 
     shall take effect immediately after the coming into effect of 
     the following (in the order specified):
       (1) The amendments made by division E of the National 
     Defense Authorization Act for Fiscal Year 2017 (Public Law 
     114-328), as provided for in section 5542 of that Act.
       (2) The amendments made by section 522(b) of this Act, as 
     provided in section 522(aa) of this Act.

     SEC. 524. ASSISTANCE OF DEFENSE COUNSEL IN ADDITIONAL POST-
                   TRIAL MATTERS FOR ACCUSED CONVICTED BY COURT-
                   MARTIAL.

       (a) Assistance.--Subsection (c)(2) of section 838 of title 
     10, United States Code (article 38 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)''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect immediately after the coming into effect of 
     the amendments made by division E of the National Defense 
     Authorization Act for Fiscal Year 2017 (Public Law 114-328), 
     as provided for in section 5542 of that Act.

     SEC. 525. ENUMERATION OF ADDITIONAL LIMITATIONS ON ACCEPTANCE 
                   OF PLEA AGREEMENTS BY MILITARY JUDGES OF 
                   GENERAL OR SPECIAL COURTS-MARTIAL.

       (a) In General.--Subsection (b) of section 853a of title 
     10, United States Code (article 53a of the Uniform Code of 
     Military Justice), as added by section 5237 of the National 
     Defense Authorization Act for Fiscal Year 2017 (Public Law 
     114-328), is amended--
       (1) in paragraph (2), by striking ``or'' after the 
     semicolon;
       (2) in paragraph (3), by striking the period and inserting 
     a semicolon; and
       (3) by adding at the end the following new paragraphs:
       ``(4) is prohibited by law; or
       ``(5) is contrary to, or is inconsistent with, a regulation 
     prescribed by the President with respect to terms, 
     conditions, or other aspects of plea agreements.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect immediately after the coming into effect of 
     the amendments made by division E of the National Defense 
     Authorization Act for Fiscal Year 2017, as provided for in 
     section 5542 of that Act.

     SEC. 526. ADDITIONAL PROCEEDINGS BY COURTS OF CRIMINAL 
                   APPEALS BY ORDER OF UNITED STATES COURT OF 
                   APPEALS FOR THE ARMED FORCES.

       (a) In General.--Subsection (f)(3) of section 866 of title 
     10, United States Code (article 66 of the Uniform Code of 
     Military Justice), as amended by section 5330 of the National 
     Defense Authorization Act for Fiscal Year 2017 (Public Law 
     114-328), is further amended--
       (1) by inserting after ``Court'' the first place it appears 
     the following: ``of Criminal Appeals''; and
       (2) 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.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect immediately after the coming into effect of 
     the amendments made by division E of the National Defense 
     Authorization Act for Fiscal Year 2017, as provided for in 
     section 5542 of that Act.

     SEC. 527. CLARIFICATION OF APPLICABILITY AND EFFECTIVE DATES 
                   FOR STATUTE OF LIMITATIONS AMENDMENTS IN 
                   CONNECTION WITH UNIFORM CODE OF MILITARY 
                   JUSTICE REFORM.

       (a) Applicability of Certain Amendments.--Effective as of 
     December 23, 2016, and immediately after the enactment of the 
     National Defense Authorization Act for Fiscal Year 2017 
     (Public Law 114-328), to which such amendment relates, 
     section 5225(f) of that Act is amended by striking ``this 
     subsection'' and inserting ``this section''.
       (b) Child Abuse Offenses.--With respect to offenses 
     committed before the date designated by the President under 
     section 5542(a) of the National Defense Authorization Act for 
     Fiscal Year 2017, 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.
       (c) Fraudulent Enlistment or Appointment Offenses.--With 
     respect to the period beginning on the date of the enactment 
     of the National Defense Authorization Act for Fiscal Year 
     2017 and ending on the day before the date designated by the 
     President under section 5542(a) of that Act, 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, 
     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).

     SEC. 528. MODIFICATION OF YEAR OF INITIAL REVIEW BY MILITARY 
                   JUSTICE REVIEW PANEL OF UNIFORM CODE OF 
                   MILITARY JUSTICE REFORM AMENDMENTS.

       (a) In General.--Subsection (f)(1) of section 946 of title 
     10, United States Code (article 146 of the Uniform Code of 
     Military Justice), as amended by section 5521 of the National 
     Defense Authorization Act for Fiscal Year 2017 (Public Law 
     114-328), is further amended by striking ``fiscal year 2020'' 
     and inserting ``fiscal year 2021''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect immediately after the coming into effect of 
     the amendments made by division E of the National Defense 
     Authorization Act for Fiscal Year 2017, as provided for in 
     section 5542 of that Act.

     SEC. 529. CLARIFICATION OF APPLICABILITY OF CERTAIN 
                   PROVISIONS OF LAW TO CIVILIAN JUDGES OF THE 
                   UNITED STATES COURT OF MILITARY COMMISSION 
                   REVIEW.

       Section 950f(b) of title 10, United States Code, is amended 
     by adding at the end the following new paragraph:
       ``(5)(A) For purposes of sections 203, 205, 207, 208, and 
     209 of title 18, the term `special Government employee' shall 
     include a judge of the Court appointed under paragraph (3).
       ``(B) A person appointed as a judge of the Court under 
     paragraph (3) shall be considered to be an officer or 
     employee of the United States with respect to such person's 
     status as a judge, but only during periods in which such 
     person is performing the duties of such a judge. Any 
     provision of law that prohibits or limits the political or 
     business activities of an employee of the United States shall 
     only apply to such a judge during such periods.''.

     SEC. 530. ENHANCEMENT OF EFFECTIVE PROSECUTION AND DEFENSE IN 
                   COURTS-MARTIAL AND RELATED MATTERS.

       (a) Additional Element in Program for Effective Prosecution 
     and Defense.--Subsection (a)(1) of section 542 of the 
     National Defense Authorization Act for Fiscal Year 2017 
     (Public Law 114-328; 130 Stat. 2126; 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) Assignment of Civilian Employees to Supervise Less 
     Experienced Judge Advocates in Prosecution and Defense.--Such 
     section 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) Assignment of Civilian Employees to Supervise Less 
     Experienced Judge Advocates in Prosecution and Defense.--
       ``(1) Assignment authorized.--The Secretary concerned may 
     assign the function of supervising and overseeing prosecution 
     or defense in courts-martial by less experienced judge 
     advocates to civilian employees of the military department 
     concerned or the Department of Homeland Security, as 
     applicable, who have extensive litigation expertise.
       ``(2) Status as supervisor.--A civilian employee assigned 
     to supervise and oversee the prosecution or defense in a 
     court-martial pursuant to this subsection is not required to 
     be detailed to the case, but must be reasonably available for 
     consultation during court-martial proceedings.''.
       (c) Pilot Programs on Professional Developmental Process 
     for Judge Advocates.--Subsection (d) of such section, as 
     redesignated by subsection (b)(1) of this section, is 
     amended--
       (1) in paragraph (1), 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:

[[Page S5297]]

       ``(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.
       ``(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. 531. COURT OF APPEALS FOR THE ARMED FORCES JURISDICTION 
                   TO REVIEW INTERLOCUTORY APPEALS OF DECISIONS ON 
                   CERTAIN PETITIONS FOR WRITS OF MANDAMUS.

       Section 806b(e) of title 10, United States Code (article 
     6b(e) of the Uniform Code of Military Justice), is amended--
       (1) in paragraph (1), by striking ``paragraph (4)''and 
     inserting ``paragraph (5)'';
       (2) by redesignating paragraph (4) as paragraph (5); and
       (3) by inserting after paragraph (3) the following new 
     paragraph (4):
       ``(4) The Court of Appeals for the Armed Forces may review 
     for legal error a grant or denial of a petition for a writ of 
     mandamus under this subsection by the Court of Criminal 
     Appeals, upon petition of a victim of an offense under this 
     chapter or of the accused, and on good cause shown. Any such 
     review shall, to the extent practicable, have priority over 
     all other proceedings of the Court of Appeals.''.

     SEC. 532. PUNITIVE ARTICLE ON WRONGFUL BROADCAST OR 
                   DISTRIBUTION OF INTIMATE VISUAL IMAGES OR 
                   VISUAL IMAGES OF SEXUALLY EXPLICIT CONDUCT 
                   UNDER THE UNIFORM CODE OF MILITARY JUSTICE.

       (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. Art. 117a. Wrongful broadcast or distribution of 
       intimate visual images

       ``(a) Prohibition.--Any person subject to this chapter 
     who--
       ``(1) knowingly and wrongfully broadcasts or distributes an 
     intimate visual image of 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) 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; and
       ``(3) 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,
     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 (article):
       ``(1) Broadcast.--The term `broadcast' means to 
     electronically transmit a visual image with the intent that 
     it be viewed by a person or persons.
       ``(2) Distribute.--The term `distribute' means to deliver 
     to the actual or constructive possession of another person, 
     including transmission by mail or electronic means.
       ``(3) Intimate visual image.--The term `intimate visual 
     image' means a 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' refers to circumstances 
     in which a reasonable person would believe that an intimate 
     visual image of the person, or a visual image of sexually 
     explicit conduct involving the person, would not be broadcast 
     or distributed to another person.
       ``(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), 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.''.

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

     SEC. 541. READY, RELEVANT LEARNING INITIATIVE OF THE NAVY.

       (a) Certifications Required.--Not later than October 1, 
     2017, and each year thereafter, the Secretary of the Navy 
     shall submit to the Committees on Armed Services of the 
     Senate and 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 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.
       (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 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. 542. 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) Participation of Potential Caregivers in Appropriate 
     Preseparation Counseling.--
       (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

[[Page S5298]]

     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. 543. DISCHARGE IN THE SELECTED RESERVE OF THE 
                   COMMISSIONED SERVICE OBLIGATION OF MILITARY 
                   SERVICE ACADEMY GRADUATES WHO 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, if upon graduation the cadet obtains employment 
     as a professional athlete in lieu of the acceptance of an 
     appointment tendered under paragraph (2), the cadet--
       ``(A) will accept an appointment as a commissioned officer 
     as a Reserve in the Army for service in the Army Reserve; and
       ``(B) will remain in that reserve component as a member of 
     the Selected Reserve until completion of the commissioned 
     service obligation of the cadet.''.
       (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, if upon graduation the midshipman obtains 
     employment as a professional athlete in lieu of the 
     acceptance of an appointment tendered under paragraph (2), 
     the midshipman--
       ``(A) will accept an appointment as a commissioned officer 
     as a Reserve in the Navy for service in the Navy Reserve or 
     the Marine Corps Reserve; and
       ``(B) will remain in that reserve component as a member of 
     the Selected Reserve until completion of the commissioned 
     service obligation of the midshipman.''.
       (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, if upon graduation the cadet obtains employment 
     as a professional athlete in lieu of the acceptance of an 
     appointment tendered under paragraph (2), the cadet--
       ``(A) will accept an appointment as a commissioned officer 
     as a Reserve in the Air Force for service in the Air Force 
     Reserve; and
       ``(B) will remain in that reserve component as a member of 
     the Selected Reserve until completion of the commissioned 
     service obligation of the cadet.''.
       (d) Application of Amendments.--The Secretaries of the 
     military departments shall promptly revise the cadet and 
     midshipman service agreements under sections 4348, 6959, and 
     9348 of title 10, United States Code, to reflect the 
     amendments made by this section. The revised agreement shall 
     apply to cadets and midshipmen who are attending the United 
     States Military Academy, the United States Naval Academy, or 
     the United States Air Force Academy on the date of the 
     enactment of this Act and to persons who begin attendance at 
     such military service academies on or after that date.

     SEC. 544. 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 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 are 
     existing positions within the Department of Defense in grades 
     up to GS-9 under the General Schedule 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 
     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 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 (b)(2)(B).
       (f) Termination.--
       (1) In general.--The authority to appoint eligible 
     individuals in the excepted service under a pilot program 
     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.

     SEC. 545. 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 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 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

[[Page S5299]]

     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. 546. PILOT PROGRAM ON INTEGRATION OF DEPARTMENT OF 
                   DEFENSE AND NON-FEDERAL EFFORTS FOR CIVILIAN 
                   EMPLOYMENT OF MEMBERS OF THE ARMED FORCES 
                   FOLLOWING TRANSITION FROM ACTIVE DUTY TO 
                   CIVILIAN LIFE.

       (a) Pilot Program Required.--
       (1) In general.--The Secretary of Defense shall conduct a 
     pilot program to assess the feasability and advisability of 
     assisting members of the Armed Forces described in subsection 
     (c) who are undergoing the transition from active duty in the 
     Armed Forces to civilian life by accelerating and improving 
     their access to employment following their transition to 
     civilian life through the coordination, integration, and 
     leveraging of existing programs and authorities of the 
     Department of Defense for such purposes with programs and 
     resources of State and local agencies, institutions of higher 
     education, employers, and other public, private, and 
     nonprofit entities applicable to the pilot program.
       (2) Existing community programs and resources.--For 
     purposes of this section, existing programs and resources of 
     State and local agencies, institutions of higher education, 
     employers, and other public, private, and nonprofit entities 
     described in paragraph (1) in the vicinity of a location of 
     the pilot program are referred to as the ``existing community 
     programs and resources'' in that vicinity.
       (b) Goals.--The goals of the pilot program shall be as 
     follows:
       (1) To facilitate the coordination of existing community 
     programs and resources in the locations of the pilot program 
     in order to identify a model for the coordination of such 
     programs and authorities that can be replicated nationwide in 
     communities in which members of the Armed Forces described in 
     subsection (c) are undergoing the transition from active duty 
     to civilian life.
       (2) To identify mechanisms by which the Department of 
     Defense and existing community programs and resources may 
     work with employers and members of the Armed Forces described 
     in subsection (c) in order to--
       (A) identify workforce needs that may be satisfiable by 
     such members following their transition to civilian life;
       (B) identify military occupational skills that may satisfy 
     the workforce needs identified pursuant to subparagraph (A); 
     and
       (C) identify gaps in the training of members of the Armed 
     Forces that may require remediation in order to satisfy 
     workforce needs identified pursuant to subparagraph (A), and 
     identify mechanisms by which members of the Armed Forces 
     described in subsection (c) may receive training to remediate 
     such gaps.
       (3) To identify mechanisms to assist members of the Armed 
     Forces described in subsection (c) in bridging geographical 
     gaps between their final military installations and nearby 
     metropolitan areas in which employment and necessary training 
     are likely to be available to such members during or 
     following their transition to civilian life.
       (c) Covered Members.--The members of the Armed Forces 
     described in this subsection are the following:
       (1) Regular members of the Armed Forces who are within 180 
     days of discharge or release from the Armed Forces.
       (2) Members of the reserve components of the Armed Forces 
     (whether National Guard or Reserve) who are on active duty 
     for a period of more than 365 days and are within 180 days of 
     release from such active duty.
       (d) Locations.--
       (1) In general.--The Secretary shall carry out the pilot 
     program at not less than five locations selected by the 
     Secretary for purposes of the pilot program.
       (2) Selection requirements.--Each location selected 
     pursuant to paragraph (1) shall--
       (A) include a military installation--
       (i) that has a well-established military-civilian community 
     relationship with the civilian communities nearby; and
       (ii) at which serves an appropriate population of members 
     of the Armed Forces described in subsection (c);
       (B) have a large employment or industry base that supports 
     a variety of occupational opportunities;
       (C) have appropriate institutional infrastructure for the 
     provision of worker training; and
       (D) take place in a different geographic region of the 
     United States.
       (e) Elements.--At each location selected for the pilot 
     program there shall be the following:
       (1) A mechanism to identify existing community programs and 
     resources for participation in the pilot program, including 
     programs and resources that are currently working with 
     programs and authorities of the Department of Defense to 
     assist members of the Armed Forces described in subsection 
     (c), and, especially, programs and resources that are 
     recognized as engaging in best practices in working with such 
     programs and authorities of the Department.
       (2) A mechanism to assess the willingness of employers in 
     the vicinity of such location to participate in the pilot 
     program and employ members of the Armed Forces participating 
     in the pilot program following their transition to civilian 
     life.
       (3) A mechanism to assess the willingness of the State in 
     which such location is located to recognize military training 
     for credit for professional and occupational licenses.
       (4) A civilian community coordinator for the pilot program, 
     who shall be responsible for implementation and execution of 
     the pilot program for the Department, and for coordinating 
     existing community programs and resources, at such location 
     by--
       (A) pursuing a multi-faceted outreach and engagement 
     strategy that leverages relationships with appropriate 
     public, private, and nonprofit entities in the vicinity of 
     such location for purposes of the pilot program;
       (B) developing and implementing a program using existing 
     resources, infrastructure, and experience to maximize the 
     benefits of the pilot program for members of the Armed Forces 
     participating in the pilot program by minimizing the time 
     required for completion of training provided to such members 
     under the pilot program, which program shall--
       (i) compliment continuing Department efforts to assist 
     members of the Armed Forces in their transition from active 
     duty in the Armed Forces to civilian life and to coordinate 
     with existing veteran employment programs for purposes of 
     such efforts;
       (ii) provide for the cultivation of a network of partners 
     among the entities described in subparagraph (A) in order to 
     maximize the number of opportunities for civilian employment 
     for members of the Armed Forces participating in the pilot 
     program following their transition to civilian life;
       (iii) provide for the use of comprehensive assessments of 
     the military experience gained by members of the Armed Forces 
     participating in the pilot program in order to assist them in 
     obtaining civilian employment relating to their military 
     occupations following their transition to civilian life;
       (iv) seek to secure for members of the Armed Forces 
     participating in the pilot program maximum credit for prior 
     military service in their pursuit of civilian employment 
     following their transition to civilian life;
       (v) seek to eliminate unnecessary and redundant elements of 
     the training provided for purposes of the pilot program to 
     members of the Armed Forces participating in the pilot 
     program;
       (vi) seek to minimize the time required for members of the 
     Armed Forces participating in the pilot program in obtaining 
     skills, credentials, or certifications required for civilian 
     employment following their transition to civilian life; and
       (vii) provide for the continuous collection of data and 
     feedback from employers in the vicinity of such location in 
     order to tailor training provided to members of the Armed 
     Forces for purposes of the pilot program to meet the needs of 
     such employers.
       (5) A plan of action for delivering additional training and 
     credentialing modules for members of the Armed Forces 
     described in subsection (c) in order to seek to provide such 
     members with skills that are in high demand in the vicinity 
     and region of such location.
       (f) Reports.--
       (1) Initial report.--Not later than one year after the date 
     of the commencement of the pilot program, the Secretary shall 
     submit to the Committees on Armed Services of the Senate and 
     the House of Representatives a report on the pilot program. 
     The report shall include, for each location selected for the 
     pilot program pursuant to subsection (d), the following:
       (A) A full description of the pilot program, including--
       (i) the number of members of the Armed Forces participating 
     in the pilot program;
       (ii) the outreach to public, private, and nonprofit 
     entities conducted for purposes of the pilot program to 
     encourage such entities to participate in the pilot program;
       (iii) the entities participating in the pilot program, set 
     forth by employment sector;
       (iv) the number of members participating in the pilot 
     program who obtained employment with an entity participating 
     in the pilot program, set forth by employment sector;
       (v) a description of any additional training provided to 
     members participating in the pilot program for purposes of 
     the pilot program, including the amount of time required for 
     such additional training; and
       (vi) a description of the cost of the pilot program.
       (B) A current assessment of the effect of the pilot program 
     on Department of Defense and community efforts to assist 
     members of the Armed Forces described in subsection (c)

[[Page S5300]]

     in obtaining civilian employment following their transition 
     to civilian life.
       (2) Final report.--Not later than 90 days before the date 
     on which the pilot program terminates, the Secretary shall 
     submit to the Committees on Armed Services of the Senate and 
     the House of Representatives an update of the report 
     submitted under paragraph (1).
       (g) Construction.--Nothing in this section may be construed 
     to authorize the Secretary to hire additional employees for 
     the Department of Defense to carry out the pilot program.
       (h) Termination.--The authority of the Secretary to carry 
     out the pilot program shall terminate on the date that is two 
     years after the date on which the pilot program commences.

     SEC. 547. 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. 548. 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 January 
     1, 2018, 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) Elements.--
       (1) In general.--The training provided pursuant to 
     subsection (a) shall meet such requirements as the Secretary 
     of Defense shall establish for purposes of this section. Such 
     training shall, to the extent practicable, be uniform across 
     the Armed Forces.
       (2) Sense of congress on provision and nature of 
     training.--It is the sense of Congress that the training 
     should--
       (A) be provided through in-person instruction, whenever 
     possible; and
       (B) include instruction on the proper use of social media.
       (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. 549. USE OF ASSISTANCE UNDER DEPARTMENT OF DEFENSE 
                   TUITION ASSISTANCE PROGRAM FOR NON-TRADITIONAL 
                   EDUCATION TO DEVELOP CYBERSECURITY AND COMPUTER 
                   CODING SKILLS.

       (a) Briefing on Use Required.--Not later than 60 days after 
     the date of the enactment of this Act, the Secretary of 
     Defense shall provide the Committees on Armed Services of the 
     Senate and the House of Representatives a briefing on the 
     feasability and advisability of the enactment into law of the 
     authority described in subsection (b).
       (b) Authority.--The authority described in this subsection 
     is authority for a member of the Armed Forces who is eligible 
     for tuition assistance under the Department of Defense 
     Tuition Assistance (TA) Program to use such assistance at or 
     with an educational institution described in subsection (c) 
     for courses or programs of education of such educational 
     institution in connection with the following:
       (1) Cybersecurity skills or related skills.
       (2) Computer coding skills or related skills.
       (c) Educational Institutions.--
       (1) In general.--An educational institution described in 
     this subsection is an educational institution not otherwise 
     approved for participation in the Department of Defense 
     Tuition Assistance Program that receives approval from the 
     Department of Defense for participation in the program for 
     courses or programs of education described in subsection (b).
       (2) Approval.--Any approval of the participation of an 
     educational institution in the Program under this subsection 
     would be granted by the Under Secretary of Defense for 
     Personnel and Readiness in accordance with such guidance as 
     the Under Secretary would issue for purposes of this section.
       (3) Memoranda of understanding.--The Under Secretary would 
     enter into a memorandum of understanding with each 
     educational institution approved for participation in the 
     Program pursuant to this subsection regarding the 
     participation of such educational institution in the Program. 
     Each memorandum of understanding would set forth such terms 
     and conditions regarding the participation of the educational 
     institution concerned in the Program, including terms and 
     conditions applicable to the courses or programs for which 
     tuition assistance under the Program could be used, as the 
     Under Secretary would consider appropriate for purposes of 
     this section.
       (d) Courses and Programs.--The courses and programs of 
     education for which tuition assistance could be used pursuant 
     to the authority in subsection (b) would include the 
     following:
       (1) Massive online open courses (MOOCs).
       (2) Short-term certification courses, including so-called 
     computer coding ``boot camps''.
       (3) Such other non-traditional courses and programs of 
     education leading to skills specified in subsection (b) as 
     the Under Secretary would consider appropriate for purposes 
     of this section.

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

             PART I--DEFENSE DEPENDENTS' EDUCATION MATTERS

     SEC. 551. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.

       (a) 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 (as enacted into law by Public Law 106-398; 
     114 Stat. 1654A-77; 20 U.S.C. 7703a).
       (b) Use of Certain Amount.--Of the amount available under 
     subsection (a) for payments as described in that subsection, 
     $5,000,000 shall be available for such payments to local 
     educational agencies determined by the Secretary of Defense, 
     in the discretion of the Secretary, to have higher 
     concentrations of military children with severe disabilities.

     SEC. 552. CONTINUATION OF AUTHORITY TO ASSIST LOCAL 
                   EDUCATIONAL AGENCIES THAT BENEFIT DEPENDENTS OF 
                   MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF 
                   DEFENSE CIVILIAN EMPLOYEES.

       (a) Assistance to Schools With Significant Numbers of 
     Military Dependent Students.--Of the amount authorized to be 
     appropriated for fiscal year 2018 by section 301 and 
     available for operation and maintenance for Defense-wide 
     activities as specified in the funding table in section 4301, 
     $25,000,000 shall be available only for the purpose of 
     providing assistance to local educational agencies under 
     subsection (a) of section 572 of the National Defense 
     Authorization Act for Fiscal Year 2006 (Public Law 109-163; 
     20 U.S.C. 7703b).
       (b) Local Educational Agency Defined.--In this section, the 
     term ``local educational agency'' has the meaning given that 
     term in section 7013(9) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7713(9)).

     SEC. 553. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO THE 
                   TRANSITION AND SUPPORT OF MILITARY DEPENDENT 
                   STUDENTS TO LOCAL EDUCATIONAL AGENCIES.

       Section 574(c)(3) of the John Warner National Defense 
     Authorization Act for Fiscal Year 2007 (20 U.S.C. 7703b note) 
     is amended by striking ``September 30, 2017'' and inserting 
     ``September 30, 2018''.

               PART II--MILITARY FAMILY READINESS MATTERS

     SEC. 556. HOUSING TREATMENT FOR CERTAIN MEMBERS OF THE ARMED 
                   FORCES, AND THEIR SPOUSES AND OTHER DEPENDENTS, 
                   UNDERGOING A PERMANENT CHANGE OF STATION WITHIN 
                   THE UNITED STATES.

       (a) Housing Treatment.--
       (1) In general.--Chapter 7 of title 37, United States Code, 
     is amended by inserting after section 403 the following new 
     section:

     ``Sec. 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

[[Page S5301]]

     dependent may continue to reside in such housing during a 
     period determined in accordance with the regulations 
     prescribed pursuant to this section.
       ``(2) Early housing eligibility.--If a spouse or other 
     dependent of a member whose request under subsection (a) is 
     approved is eligible to reside in Government-owned or 
     Government-leased housing following the member's permanent 
     change of station within the United States, the spouse or 
     other dependent may commence residing in such housing at any 
     time during the covered relocation period.
       ``(3) Temporary use of government-owned or government-
     leased housing intended for members without a spouse or 
     dependent.--If a spouse or other dependent of a member 
     relocates at a time different from the member in accordance 
     with a request approved under subsection (a), the member may 
     be assigned to Government-owned or Government-leased housing 
     intended for the permanent housing of members without a 
     spouse or dependent until the member's detachment date or the 
     spouse or other dependent's arrival date, but only if such 
     Government-owned or Government-leased housing is available 
     without displacing a member without a spouse or dependent at 
     such housing.
       ``(4) Equitable basic allowance for housing.--If a spouse 
     or other dependent of a member relocates at a time different 
     from the member in accordance with a request approved under 
     subsection (a), the amount of basic allowance for housing 
     payable may be based on whichever of the following areas the 
     Secretary concerned determines to be the most equitable:
       ``(A) The area of the duty station to which the member is 
     reassigned.
       ``(B) The area in which the spouse or other dependent 
     resides, but only if the spouse or other dependent resides in 
     that area when the member departs for the duty station to 
     which the member is reassigned, and only for the period 
     during which the spouse or other dependent resides in that 
     area.
       ``(C) The area of the former duty station of the member, 
     but only if that area is different from the area in which the 
     spouse or other dependent resides.
       ``(c) Rule of Construction Related to Certain Basic 
     Allowance for Housing Payments.--Nothing in this section 
     shall be construed to limit the payment or the amount of 
     basic allowance for housing payable under section 
     403(d)(3)(A) of this title to a member whose request under 
     subsection (a) is approved.
       ``(d) Inapplicability to Coast Guard.--This section does 
     not apply to members of the Coast Guard.
       ``(e) 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.
       ``(f) 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 is amended by inserting 
     after the item relating to section 403 the following new 
     item:

``403a. Housing treatment for certain members of the armed forces, and 
              their spouses and other dependents, undergoing a 
              permanent change of station within the United States.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2018.

     SEC. 557. DIRECT HIRE AUTHORITY FOR DEPARTMENT OF DEFENSE FOR 
                   CHILDCARE SERVICES PROVIDERS FOR DEPARTMENT 
                   CHILD DEVELOPMENT CENTERS.

       (a) In General.--The Secretary of Defense may, without 
     regard to the provisions of subchapter I of chapter 33 of 
     title 5, United States Code, recruit and appoint qualified 
     childcare services providers to positions within the 
     Department of Defense child development centers.
       (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) 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.

     SEC. 558. REPORT ON EXPANDING AND CONTRACTING FOR CHILDCARE 
                   SERVICES OF THE DEPARTMENT OF DEFENSE.

       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 setting 
     forth an assessment, undertaken by the Secretary for purposes 
     of the report, 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.

     SEC. 559. REPORT ON REVIEW OF GENERAL SCHEDULE PAY GRADES OF 
                   CHILDCARE SERVICES PROVIDERS OF THE DEPARTMENT 
                   OF DEFENSE.

       (a) Report Required.--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 on a review, undertaken by the Secretary for purposes 
     of the report, of the General Schedule pay grades for 
     childcare services provider positions within the Department 
     of Defense.
       (b) Elements of Review.--The review undertaken for purposes 
     of subsection (a) shall include the following:
       (1) A comparison of the compensation provided for current 
     General Schedule pay grades for childcare services provider 
     positions within the Department with the compensation 
     provided to childcare services providers in the private 
     sector providing similar childcare services.
       (2) An assessment of the mix of General Schedule pay grades 
     currently required by the Department to most effectively 
     recruit and retain childcare services providers for military 
     dependents.
       (3) A comparison of the budget implications of the current 
     General Schedule pay grade mix with the General Schedule pay 
     grade mix determined pursuant to paragraph (2) to be required 
     by the Department to most effectively recruit and retain 
     childcare services providers for military dependents.

     SEC. 560. PILOT PROGRAM ON PUBLIC-PRIVATE PARTNERSHIPS FOR 
                   TELEWORK FACILITIES 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:
       (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 401 and available for 
     military personnel

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     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).

     SEC. 561. REPORT ON MECHANISMS TO FACILITATE THE OBTAINING BY 
                   MILITARY SPOUSES OF PROFESSIONAL LICENSES OR 
                   CREDENTIALS IN OTHER STATES.

       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 setting 
     forth an assessment of the feasability and advisability of 
     the following:
       (1) The development and maintenance of a joint Federal-
     State clearing house to process the professional license and 
     credential information of military spouses in order--
       (A) to facilitate the matching of such information with 
     State professional licensure and credentialing requirements; 
     and
       (B) to provide military spouses information on the actions 
     required to obtain professional licenses or credentials in 
     other States.
       (2) The establishment of a joint Federal-State taskforce 
     dedicated to the elimination of unnecessary or duplicative 
     professional licensure and credentialing requirements among 
     the States.
       (3) The development and maintenance of an Internet website 
     that serves as a one-stop resource on professional licenses 
     and credentials for military spouses that sets forth license 
     and credential requirements for common professions in the 
     States and provides assistance and other resources for 
     military spouses seeking to obtain professional licenses or 
     credentials in other States.

     SEC. 562. ADDITIONAL MILITARY CHILDCARE MATTERS.

       (a) Hours of Operation of Childcare Development Centers of 
     the Department of Defense.--
       (1) In general.--The hours of operation of each childcare 
     development center (CDC) of the Department of Defense shall, 
     to the extent practicable, be set 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.
       (2) Matters to be taken into account.--The demands and 
     circumstances to be taken into account under paragraph (1) 
     for purposes of setting and maintaining the hours of 
     operation of a childcare development center shall include the 
     following:
       (A) Mission requirements of units whose members use such 
     center.
       (B) The unpredictability of work schedules, and 
     fluctuations in day-to-day work hours, of such members.
       (C) The potential for frequent and prolonged absences of 
     such members for training, operations, and deployments.
       (D) The location of such center on the military 
     installation concerned, including the location in connection 
     with duty locations of members and applicable military family 
     housing.
       (E) The geographic separation of such members from their 
     extended family.
       (F) The impact on the ability of such members to perform 
     their military duties of employment of their spouses or 
     educational pursuits of their spouses.
       (G) Such other matters as the Secretary of the military 
     department concerned considers appropriate for purposes of 
     this subsection.
       (b) Childcare Coordinators for Military Installations.--
       (1) Childcare coordinators.--Each Secretary of a military 
     department shall provide for a childcare coordinator at each 
     military installation under the jurisdiction of such 
     Secretary at which are stationed significant numbers of 
     members of the Armed Forces with accompanying dependent 
     children, as determined by such Secretary.
       (2) Nature of position.--The childcare coordinator for a 
     military installation may be an individual appointed to that 
     position on full-time or part-time basis or an individual 
     appointed to another position whose duties in such other 
     position are consistent with the discharge by the person of 
     the duties of childcare coordinator.
       (3) Duties.--Each childcare coordinator for an installation 
     shall carry out the duties as follows:
       (A) Act as an advocate for military families at the 
     installation on childcare matters both on-installation and 
     off-installation.
       (B) Work with the commander of the installation in order to 
     seek to ensure that the childcare development centers at the 
     installation, together with any other available childcare 
     options on or in the vicinity of the installation--
       (i) provide a quality of care (including a caregiver-to-
     child ratio) commensurate with best practices of private 
     providers of childcare services; and
       (ii) are responsive to the childcare needs of members 
     stationed at the installation and their families.
       (C) Work with private providers of childcare services in 
     the vicinity of the installation in order to--
       (i) track vacancies in the childcare facilities of such 
     providers;
       (ii) seek to increase the availability of affordable 
     childcare services for such members; and
       (iii) otherwise ease the use of such services by such 
     members.
       (D) Such other duties as the Secretary of the military 
     department concerned shall specify.

                   Subtitle G--Decorations and Awards

     SEC. 571. AUTHORITY OF SECRETARY OF THE ARMY TO AWARD THE 
                   PERSONNEL PROTECTION EQUIPMENT AWARD OF THE 
                   ARMY TO FORMER MEMBERS OF THE ARMY.

       Notwithstanding any requirement in section 1125 of title 
     10, United States Code, relating to the award of awards only 
     to current members of the Armed Forces, the Secretary of the 
     Army may award the Personnel Protection Equipment (PPE) award 
     of the Army to former members of the Army.

     SEC. 572. 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 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--Other Matters

     SEC. 581. 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''.

     SEC. 582. REPORT TO CONGRESS ON ACCOMPANIED AND UNACCOMPANIED 
                   TOURS OF DUTY IN REMOTE LOCATIONS WITH HIGH 
                   FAMILY SUPPORT COSTS.

       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 setting forth a 
     comparative analysis, undertaken by the Secretary for 
     purposes of the report, 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 the 
     following:
       (1) United States Naval Station, Guantanamo Bay, Cuba.
       (2) Kwajalein Atoll.
       (3) Al Udeid Air Base, Qatar.

          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

     SEC. 601. FISCAL YEAR 2018 INCREASE IN MILITARY BASIC PAY.

       (a) Waiver of Section 1009 Adjustment.--The adjustment to 
     become effective during fiscal year 2018 required by section 
     1009 of title 37, United States Code, in the rates of monthly 
     basic pay authorized members of the uniformed services shall 
     not be made.
       (b) Increase in Basic Pay.--Effective on January 1, 2018, 
     the rates of monthly basic pay for members of the uniformed 
     services are increased by 2.1 percent.

     SEC. 602. 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. 603. ADJUSTMENT TO BASIC ALLOWANCE FOR HOUSING AT WITH 
                   DEPENDENTS RATE OF CERTAIN MEMBERS OF THE 
                   UNIFORMED SERVICES.

       (a) In General.--Section 403 of title 37, United States 
     Code, is amended by adding at the end the following new 
     subsection:
       ``(p) Ineligibility for With Dependents Rate of Certain 
     Members.--A member who is married to another member, is 
     assigned to the same geographic location as such other 
     member, and has one or more dependent children with such 
     other member is not eligible for a basic allowance for 
     housing at the with dependents rate.''.
       (b) Effective Date.--
       (1) In general.--The amendment made by subsection (a) shall 
     take effect on October 1, 2017, and shall, except as provided 
     in paragraph (2), apply with respect to allowances for basic 
     housing payable for months beginning on or after that date.
       (2) Preservation of current bah for members with 
     uninterrupted eligibility for bah.--Notwithstanding the 
     amendment made by subsection (a), the monthly amount of basic 
     allowance for housing payable to a member of the uniformed 
     services under section 403 of title 37, United States Code, 
     as of September 30, 2017, shall not be reduced by reason of 
     the amendment so long as the

[[Page S5303]]

     member retains uninterrupted eligibility for such basic 
     allowance for housing within an area of the United States or 
     within an overseas location (as applicable).

     SEC. 604. MODIFICATION OF AUTHORITY OF PRESIDENT TO DETERMINE 
                   ALTERNATIVE PAY ADJUSTMENT IN ANNUAL BASIC PAY 
                   OF MEMBERS OF THE UNIFORMED SERVICES.

       (a) Modification.--Section 1009(e) of title 37, United 
     States Code, is amended--
       (1) in paragraph (1), by striking ``or serious economic 
     conditions affecting the general welfare'';
       (2) by striking paragraph (2); and
       (3) by redesignating paragraph (3) as paragraph (2).
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the date of the enactment of this Act, 
     and--
       (1) if the date of the enactment of this Act occurs before 
     September 1 of a year, shall apply with respect to plans for 
     alternative pay adjustments for any year beginning after such 
     year; and
       (2) if the date of the enactment of this Act occurs after 
     August 31 of a year, shall apply with respect to plans for 
     alternative pay adjustments for any year beginning after the 
     year following such year.

           Subtitle B--Bonuses 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'':
       (1) Section 302c-1(f), relating to accession and retention 
     bonuses for psychologists.
       (2) Section 302d(a)(1), relating to accession bonus for 
     registered nurses.
       (3) Section 302e(a)(1), relating to incentive special pay 
     for nurse anesthetists.
       (4) Section 302g(e), relating to special pay for Selected 
     Reserve health professionals in critically short wartime 
     specialties.
       (5) Section 302h(a)(1), relating to accession bonus for 
     dental officers.
       (6) Section 302j(a), relating to accession bonus for 
     pharmacy officers.
       (7) Section 302k(f), relating to accession bonus for 
     medical officers in critically short wartime specialties.
       (8) Section 302l(g), relating to accession bonus for dental 
     specialist officers in critically short wartime specialties.

     SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS 
                   AUTHORITIES FOR NUCLEAR OFFICERS.

       The following sections of title 37, United States Code, are 
     amended by striking ``December 31, 2017'' and inserting 
     ``December 31, 2018'':
       (1) Section 312(f), relating to special pay for nuclear-
     qualified officers extending period of active service.
       (2) Section 312b(c), relating to nuclear career accession 
     bonus.
       (3) Section 312c(d), relating to nuclear career annual 
     incentive bonus.

     SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO TITLE 
                   37 CONSOLIDATED SPECIAL PAY, INCENTIVE PAY, AND 
                   BONUS AUTHORITIES.

       The following sections of title 37, United States Code, are 
     amended by striking ``December 31, 2017'' and inserting 
     ``December 31, 2018'':
       (1) Section 331(h), relating to general bonus authority for 
     enlisted members.
       (2) Section 332(g), relating to general bonus authority for 
     officers.
       (3) Section 333(i), relating to special bonus and incentive 
     pay authorities for nuclear officers.
       (4) Section 334(i), relating to special aviation incentive 
     pay and bonus authorities for officers.
       (5) Section 335(k), relating to special bonus and incentive 
     pay authorities for officers in health professions.
       (6) Section 336(g), relating to contracting bonus for 
     cadets and midshipmen enrolled in the Senior Reserve 
     Officers' Training Corps.
       (7) Section 351(h), relating to hazardous duty pay.
       (8) Section 352(g), relating to assignment pay or special 
     duty pay.
       (9) Section 353(i), relating to skill incentive pay or 
     proficiency bonus.
       (10) Section 355(h), relating to retention incentives for 
     members qualified in critical military skills or assigned to 
     high priority units.

     SEC. 615. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO 
                   PAYMENT OF OTHER TITLE 37 BONUSES AND SPECIAL 
                   PAYS.

       The following sections of title 37, United States Code, are 
     amended by striking ``December 31, 2017'' and inserting 
     ``December 31, 2018'':
       (1) Section 301b(a), relating to aviation officer retention 
     bonus.
       (2) Section 307a(g), relating to assignment incentive pay.
       (3) Section 308(g), relating to reenlistment bonus for 
     active members.
       (4) Section 309(e), relating to enlistment bonus.
       (5) Section 316a(g), relating to incentive pay for members 
     of precommissioning programs pursuing foreign language 
     proficiency.
       (6) Section 324(g), relating to accession bonus for new 
     officers in critical skills.
       (7) Section 326(g), relating to incentive bonus for 
     conversion to military occupational specialty to ease 
     personnel shortage.
       (8) Section 327(h), relating to incentive bonus for 
     transfer between Armed Forces.
       (9) Section 330(f), relating to accession bonus for officer 
     candidates.

     SEC. 616. AVIATION BONUS MATTERS.

       Section 334(c) of title 37, United States Code, is 
     amended--
       (1) by redesignating paragraphs (2) and (3) as paragraphs 
     (4) and (5), respectively; and
       (2) by inserting after paragraph (1) the following new 
     paragraphs:
       ``(2) Business case for payment of aviation bonus 
     amounts.--
       ``(A) In general.--The amount of the aviation bonus payable 
     under paragraph (1)(B) under agreements entered into under 
     subsection (d) during a fiscal year shall be determined 
     solely through a business case analysis of the amount 
     required to be paid under such agreements in order to address 
     anticipated manning shortfalls for such fiscal year by 
     aircraft type category.
       ``(B) Budget justification documents.--The budget 
     justification documents in support of the budget of the 
     President for a fiscal year (as submitted to Congress 
     pursuant to section 1105 of title 31) shall set forth for 
     each uniformed service the following:
       ``(i) The amount requested for the payment of aviation 
     bonuses under this section using amounts authorized to be 
     appropriated for the fiscal year concerned by aircraft type 
     category.
       ``(ii) The business case analysis supporting the amount so 
     requested by aircraft type category.
       ``(iii) For each aircraft type category, whether or not the 
     amount requested will permit the payment during the fiscal 
     year concerned of the maximum amount of the aviation bonus 
     authorized by paragraph (1).
       ``(iv) If any amount requested is to address manning 
     shortfalls, a description of any plans of the Secretary 
     concerned to address such shortfalls by non-monetary means.
       ``(3) Tiered limitation on maximum amount of aviation 
     bonus.--
       ``(A) In general.--The maximum amount of the aviation bonus 
     payable under paragraph (1)(B) under agreements entered into 
     under subsection (d) during a fiscal year shall vary by 
     anticipated manning shortfalls for such fiscal year by 
     aircraft type category. The variance shall be stated by tier 
     correlating maximum bonus amounts with anticipated manning 
     and retention levels, as follows:
       ``(i) Maximum amount payable (known as `Tier I') is the 
     amount specified for the fiscal year concerned by paragraph 
     (1)(B) and is payable under agreements for duty by aircraft 
     type category in which--

       ``(I) the projected manning level for the fiscal year does 
     not exceed 90 percent of the required manning level; or
       ``(II) the two-year retention trend for personnel 
     performing such duty does not exceed 50 percent.

       ``(ii) Maximum amount payable (known as `Tier II') is an 
     amount equal to 68 percent of the amount specified for the 
     fiscal year concerned by paragraph (1)(B) and is payable 
     under agreements for duty by aircraft type category in 
     which--

       ``(I) the projected manning level for the fiscal year is 
     between 90 and 95 percent of the required manning level; or
       ``(II) the two-year retention trend for personnel 
     performing such duty is between 50 and 55 percent.

       ``(iii) Maximum amount payable (known as `Tier III') is an 
     amount equal to 34 percent of the amount specified for the 
     fiscal year concerned by paragraph (1)(B) and is payable 
     under agreements for duty by aircraft type category in 
     which--

       ``(I) the projected manning level for the fiscal year is 
     between 95 and 100 percent of the required manning level; or
       ``(II) the two-year retention trend for personnel 
     performing such duty is between 55 and 65 percent.

       ``(iv) Maximum amount payable (known as `Tier IV') is zero 
     for duty by aircraft type category in which--

[[Page S5304]]

       ``(I) the projected manning level for the fiscal year is 
     100 percent or more of the required manning level; or
       ``(II) the two-year retention trend for personnel 
     performing such duty exceeds 65 percent.

       ``(B) Limitation on total number of agreements providing 
     for tier i payment.--In no event may all the agreements 
     entered into under subsection (d) during a fiscal year by a 
     Secretary concerned provide for a maximum amount payable as 
     described in subparagraph (A)(i).''.

     SEC. 617. SPECIAL AVIATION INCENTIVE PAY AND BONUS 
                   AUTHORITIES FOR ENLISTED MEMBERS WHO PILOT 
                   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. Special aviation incentive pay and bonus 
       authorities: enlisted members who pilot 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 member's 
     enlistment;
       ``(3) reenlists or voluntarily extends the member's 
     enlistment for a period of at least one year or, in the case 
     of an enlisted member serving pursuant to an indefinite 
     reenlistment, executes a written agreement to remain on 
     active duty for a period of at least one year or 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--
       ``(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) Business case for payment of aviation bonus 
     amounts.--
       ``(A) In general.--The amount of the aviation bonus payable 
     under paragraph (1)(B) under agreements entered into under 
     subsection (d) during a fiscal year shall be determined 
     solely through a business case analysis of the amount 
     required to be paid under such agreements in order to address 
     anticipated manning shortfalls for such fiscal year by 
     aircraft type category.
       ``(B) Budget justification documents.--The budget 
     justification documents in support of the budget of the 
     President for a fiscal year (as submitted to Congress 
     pursuant to section 1105 of title 31) shall set forth for 
     each uniformed service the following:
       ``(i) The amount requested for the payment of aviation 
     bonuses under this section using amounts authorized to be 
     appropriated for the fiscal year concerned by aircraft type 
     category.
       ``(ii) The business case analysis supporting the amount so 
     requested by aircraft type category.
       ``(iii) For each aircraft type category, whether or not the 
     amount requested will permit the payment during the fiscal 
     year concerned of the maximum amount of the aviation bonus 
     authorized by paragraph (1).
       ``(iv) If any amount requested is to address manning 
     shortfalls, a description of any plans of the Secretary 
     concerned to address such shortfalls by non-monetary means.
       ``(3) 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.
       ``(4) 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 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 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 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 pilot 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

[[Page S5305]]

     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 
     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

        PART I--AMENDMENTS IN CONNECTION WITH RETIRED PAY REFORM

     SEC. 631. 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. 632. 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 striking ``on the date of the reentry'' and 
     inserting ``within 30 days after the date of the reentry''.
       (b) 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.

                         PART II--OTHER MATTERS

     SEC. 636. 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. 637. 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.''.
       (b) 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) 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. 638. 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
       (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.''.

                       Subtitle D--Other Matters

     SEC. 651. 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 the 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

[[Page S5306]]

     procurement of athletic footwear for the purpose stated in 
     paragraph (1) because there would be only a sole certified 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. 652. INCLUSION OF DEPARTMENT OF AGRICULTURE IN 
                   TRANSITION ASSISTANCE PROGRAM.

       (a) In General.--Subsection (a) of section 1144 of title 
     10, United States Code, is amended by striking ``and the 
     Secretary of Veterans Affairs'' each place it appears in 
     paragraphs (1) and (2) and inserting ``the Secretary of 
     Veterans Affairs, and the Secretary of Agriculture''.
       (b) Inclusion in Elements of Program.--Subsection (b) of 
     such section is amended by adding at the end the following 
     new paragraph:
       ``(12) Provide information regarding the availability to 
     such members of the following through the Department of 
     Agriculture:
       ``(A) Grants, loans, and other assistance to enter 
     production agriculture or engage in rural entrepreneurship.
       ``(B) Identification of and assistance in obtaining 
     employment within the agricultural sector that aligns with 
     military occupational specialties or military certifications, 
     including employment with the Department.
       ``(C) Training and apprenticeships for employment in rural 
     communities and in the agricultural and food sectors.''.

     SEC. 653. REVIEW AND UPDATE OF REGULATIONS GOVERNING DEBT 
                   COLLECTORS INTERACTIONS WITH UNIT COMMANDERS.

       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 Instruction 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. TRICARE ADVANTAGE DEMONSTRATION PROGRAM.

       (a) Establishment.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Secretary shall, in 
     consultation with the Secretary of Health and Human Services, 
     establish a demonstration program to enable applicable 
     eligible individuals to enroll in Medicare Advantage plans.
       (2) Duration.--The demonstration program established under 
     paragraph (1) shall be carried out for a period of not less 
     than five years.
       (b) Plans.--
       (1) Selection.--The Secretary shall competitively select 
     one or more Medicare Advantage plans for which the Secretary 
     of Health and Human Services has waived or modified 
     requirements under section 1857(i) of the Social Security Act 
     (42 U.S.C. 1395w-27(i)) in market areas of the TRICARE 
     program with large concentrations of beneficiaries eligible 
     for TRICARE for Life (as determined by the Secretary) to 
     participate in the demonstration program through the use of 
     risk-bearing, capitated contracts with Medicare Advantage 
     organizations.
       (2) Requirements.--Each Medicare Advantage plan selected 
     under paragraph (1) shall meet the following requirements:
       (A) The plan is an MA-PD plan (as defined in section 1860D-
     1(a)(3)(C) of the Social Security Act (42 U.S.C. 1395w-
     101(a)(3)(C))).
       (B) The plan has a minimum quality star rating of four or 
     higher under section 1853(o)(4) of such Act (42 U.S.C. 1395w-
     23(o)(4)).
       (C) The plan and the Medicare Advantage organization 
     offering the plan meet such other criteria as the Secretary 
     determines appropriate for purposes of this section.
       (3) Use of department facilities and services.--
       (A) Military treatment facilities.--The Secretary may 
     include military treatment facilities as authorized providers 
     for applicable eligible individuals enrolled in a Medicare 
     Advantage plan participating in the demonstration program as 
     a service provided by the Department of Defense.
       (B) Pharmacy benefits program.--The Secretary may include 
     coverage of pharmaceutical agents under the pharmacy benefits 
     program under section 1074g of title 10, United States Code, 
     as a coverage option for applicable eligible individuals 
     enrolled in a Medicare Advantage plan participating in the 
     demonstration program as a service provided by the Department 
     of Defense.
       (c) Enrollment of Applicable Eligible Individuals.--Unless 
     an applicable eligible individual opts out, all applicable 
     eligible individuals located in an area participating in the 
     demonstration program shall be enrolled in a Medicare 
     Advantage plan selected under subsection (b)(1).
       (d) Costs of Program.--The Secretary and the Secretary of 
     Health and Human Services shall jointly determine the 
     appropriate distribution of costs and potential savings to 
     the Department of Defense and the Department of Health and 
     Human Services that result from the demonstration program.
       (e) Reports.--
       (1) Report on implementation of program.--
       (A) In general.--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 a report on the implementation by the 
     Secretary of the demonstration program under this section.
       (B) Elements.--The report required by subparagraph (A) 
     shall include the following:
       (i) A description of each Medicare Advantage plan 
     participating in the demonstration program, disaggregated by 
     market area of the TRICARE program (as determined by the 
     Secretary).
       (ii) A description of covered benefits, premium rates, and 
     copayments or cost sharing, if any, for each Medicare 
     Advantage plan participating in the demonstration program in 
     each such area.
       (iii) The number of applicable eligible individuals 
     eligible to enroll and the number of applicable eligible 
     individuals projected to enroll in each Medicare Advantage 
     plan participating in the demonstration program in each such 
     area.
       (iv) An assessment of projected average annual out-of-
     pocket costs, if any, for applicable eligible individuals 
     enrolled in each Medicare Advantage plan participating in the 
     demonstration program.
       (v) A description of outcome metrics developed to measure 
     quality of care, improved health outcomes, better access to 
     care, and enhanced beneficiary experience under the 
     demonstration program.
       (2) Final report.--Not later than four years 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 providing a comprehensive 
     assessment of the demonstration program under this section.
       (f) Definitions.--In this section:
       (1) Applicable eligible individual.--The term ``applicable 
     eligible individual'' means an eligible individual (as 
     defined in paragraph (2)) who is a Medicare Advantage 
     eligible individual (as defined in section 1851(a)(3) of the 
     Social Security Act (42 U.S.C. 1395w-21(a)(3))).
       (2) Eligible individual.--The term ``eligible individual'' 
     means an individual eligible for health benefits under 
     section 1086(d) of title 10, United States Code.
       (3) Medicare advantage organization.--The term ``Medicare 
     Advantage organization'' has the meaning given that term in 
     section 1859 of the Social Security Act (42 U.S.C. 1395w-28).
       (4) Medicare advantage plan.--The term ``Medicare Advantage 
     plan'' means a health plan under part C of title XVIII of the 
     Social Security Act (42 U.S.C. 1395w-21 et seq.).
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Defense.
       (6) TRICARE program; tricare for life.--The terms ``TRICARE 
     program'' and ``TRICARE for Life'' have the meanings given 
     those terms in section 1072 of title 10, United States Code.
       (g) Regulations.--
       (1) In general.--In order to implement expeditiously the 
     demonstration program under this section, the Secretary may 
     prescribe such changes to the regulations implementing the 
     TRICARE program as the Secretary considers appropriate.
       (2) Rulemaking.--The Secretary shall implement any changes 
     prescribed under paragraph (1)--
       (A) by prescribing an interim final rule; and
       (B) not later than 180 days after prescribing such interim 
     final rule and considering public comments with respect to 
     such interim final rule, by prescribing a final rule.
       (h) Waiver Authority.--The Secretary of Health and Human 
     Services may waive such requirements of titles XI and XVIII 
     of the Social Security Act (42 U.S.C. 1301 et seq.; 1395 et 
     seq.) as may be necessary for purposes of carrying out this 
     section.

     SEC. 702. 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
       (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.''.

[[Page S5307]]

  


     SEC. 703. MODIFICATION OF ELIGIBILITY FOR TRICARE RESERVE 
                   SELECT AND TRICARE RETIRED RESERVE OF CERTAIN 
                   MEMBERS OF THE RESERVE COMPONENTS.

       (a) TRICARE Reserve Select.--Section 1076d(a) of title 10, 
     United States Code, is amended--
       (1) in paragraph (1), by striking ``(1) Except as provided 
     in paragraph (2), a member'' and inserting ``A member''; and
       (2) by striking paragraph (2).
       (b) TRICARE Retired Reserve.--Section 1076e(a) of title 10, 
     United States Code, is amended--
       (1) in paragraph (1), by striking ``(1) Except as provided 
     in paragraph (2), a member'' and inserting ``A member''; and
       (2) by striking paragraph (2).

     SEC. 704. 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 
     a fetal condition or suspected of being complicated with a 
     fetal condition receives, in an expedited manner and at the 
     discretion of the covered beneficiary, evaluation, non-
     directive counseling, and 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.

     SEC. 705. 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 
     individuals under the age of 21''.

     SEC. 706. 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 2026, 
     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          $10         $28         $10         $28          $54
------------------------------------------------------------------------
    2019          $10         $30         $10         $30          $58
------------------------------------------------------------------------
    2020          $10         $32         $10         $32          $62
------------------------------------------------------------------------
    2021          $11         $34         $11         $34          $66
------------------------------------------------------------------------
    2022          $11         $36         $11         $36          $70
------------------------------------------------------------------------
    2023          $11         $38         $11         $38          $75
------------------------------------------------------------------------
    2024          $12         $40         $12         $40          $80
------------------------------------------------------------------------
    2025          $13         $42         $13         $42          $85
------------------------------------------------------------------------
    2026          $14         $45         $14         $45          $90
------------------------------------------------------------------------

       ``(B) For any year after 2026, 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 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 greatest value 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 value 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) 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. 707. CONSOLIDATION OF COST-SHARING REQUIREMENTS UNDER 
                   TRICARE SELECT AND TRICARE PRIME.

       (a) TRICARE Select.--
       (1) In general.--Section 1075 of title 10, United States 
     Code, is amended--
       (A) in subsection (c), by striking paragraphs (1) and (2) 
     and inserting the following new paragraphs:
       ``(1) With respect to beneficiaries in the active-duty 
     family member category or the retired category other than 
     beneficiaries described in paragraph (2)(B), the cost-sharing 
     requirements shall be calculated pursuant to subsection 
     (d)(1).
       ``(2)(A) With respect to beneficiaries described in 
     subparagraph (B) in the active-duty family member category or 
     the retired category, the cost-sharing requirements shall be 
     calculated as if the beneficiary were enrolled in TRICARE 
     Extra or TRICARE Standard as if TRICARE Extra or TRICARE 
     Standard, as the case may be, were still being carried out by 
     the Secretary.
       ``(B) Beneficiaries described in this subparagraph are the 
     following beneficiaries:
       ``(i) Retired members and the family members of such 
     retired members covered by section 1086(c)(1) of this title 
     by reason of being retired under chapter 61 of this title or 
     being a dependent of such a retired member.

[[Page S5308]]

       ``(ii) Survivors covered by section 1086(c)(2) of this 
     title.'';
       (B) by striking subsection (e); and
       (C) by redesignating subsections (f), (g), and (h) as 
     subsections (e), (f), and (g), respectively.
       (2) Conforming amendment.--Subsection (d)(2) of such 
     section is amended by striking ``, and the amounts specified 
     under paragraphs (1) and (2) of subsection (e),''.
       (b) TRICARE Prime.--Section 1075a(a) of title 10, United 
     States Code, is amended--
       (1) by striking paragraph (2) and inserting the following 
     new paragraph:
       ``(2) With respect to beneficiaries in the active-duty 
     family member category or the retired category (as described 
     in section 1075(b)(1) of this title) other than beneficiaries 
     described in paragraph (3)(B), the cost-sharing requirements 
     shall be calculated pursuant to subsection (b)(1).''; and
       (2) in paragraph (3), by striking subparagraph (B) and 
     inserting the following new subparagraph:
       ``(B) Beneficiaries described in this subparagraph are the 
     following beneficiaries:
       ``(i) Retired members and the family members of such 
     retired members covered by section 1086(c)(1) of this title 
     by reason of being retired under chapter 61 of this title or 
     being a dependent of such a retired member.
       ``(ii) Survivors covered by section 1086(c)(2) of this 
     title.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on January 1, 2018.

     SEC. 708. 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''.
       (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''.

     SEC. 709. CONTRACEPTION COVERAGE PARITY UNDER THE TRICARE 
                   PROGRAM.

       (a) In General.--Section 1074d of title 10, United States 
     Code, is amended--
       (1) in subsection (a)--
       (A) in the subsection heading, by inserting ``for Members 
     and Former Members'' after ``Services Available''; and
       (B) in paragraph (1), by striking ``subsection (b)'' and 
     inserting ``subsection (d)'';
       (2) by redesignating subsection (b) as subsection (d); and
       (3) by inserting after subsection (a) the following new 
     subsections:
       ``(b) Care Related to Prevention of Pregnancy.--Female 
     covered beneficiaries shall be entitled to care related to 
     the prevention of pregnancy described in subsection (d)(3).
       ``(c) Prohibition on Cost-Sharing for Certain Services.--
     Notwithstanding section 1074g(a)(6), section 1075, or section 
     1075a of this title or any other provision of law, cost-
     sharing may not be imposed or collected for care related to 
     the prevention of pregnancy provided pursuant to subsection 
     (a) or (b), including for any method of contraception 
     provided, whether provided through a facility of the 
     uniformed services, the TRICARE retail pharmacy program, or 
     the national mail-order pharmacy program.''.
       (b) Care Related to Prevention of Pregnancy.--Subsection 
     (d)(3) of such section, as redesignated by subsection (a)(2), 
     is further amended by inserting before the period at the end 
     the following: ``(including all methods of contraception 
     approved by the Food and Drug Administration, contraceptive 
     care (including with respect to insertion, removal, and 
     follow up), sterilization procedures, and patient education 
     and counseling in connection therewith)''.
       (c) Conforming Amendment.--Section 1077(a)(13) of such 
     title is amended by striking ``section 1074d(b)'' and 
     inserting ``section 1074d(d)''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2018.

                 Subtitle B--Health Care Administration

     SEC. 721. 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) 
     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. 722. SELECTION OF DIRECTORS OF MILITARY TREATMENT 
                   FACILITIES AND TOURS OF DUTY OF SUCH DIRECTORS.

       (a) In General.--Not later than January 1, 2019, the 
     Secretary of Defense shall do the following:
       (1) Develop the common qualifications and core competencies 
     required of military and civilian individuals for selection 
     as directors of military treatment facilities.
       (2) Establish a minimum length for the tour of duty of a 
     member of the Armed Forces serving as a director of a 
     military treatment facility.
       (b) Qualifications and Competencies.--
       (1) Standards.--In developing common qualifications and 
     core competencies under subsection (a)(1), the Secretary 
     shall include standards with respect to the following:
       (A) Professional competence.
       (B) Moral and ethical integrity and character.
       (C) Formal education in healthcare executive leadership and 
     healthcare management.
       (D) Such other matters as the Secretary considers 
     appropriate.
       (2) Objective.--The objective of the Secretary in 
     developing such qualifications and competencies shall be to 
     ensure that the individuals selected as directors of military 
     treatment facilities are highly qualified to serve as health 
     system executives in a medical treatment facility of the 
     Armed Forces.
       (c) Tours of Duty.--
       (1) In general.--Except as provided in paragraph (2), in 
     the case of a director of a military treatment facility who 
     is a member of the Armed Forces, the length of the tour of 
     duty of any such director assigned to such position after 
     January 1, 2019, may not be shorter than the longer of--
       (A) the length established pursuant to subsection (a)(2); 
     or
       (B) three years.
       (2) Waiver.--The Secretary may authorize a tour of duty of 
     a member of the Armed Forces serving as a director of a 
     military treatment facility of a shorter length than is 
     otherwise provided for in paragraph (1) if the Secretary 
     determines, in the discretion of the Secretary, that there is 
     good cause for a tour of duty in such position of shorter 
     length. Any such determination shall be made on a case-by-
     case basis.

     SEC. 723. 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 S5309]]

       (2) in paragraph (2), in the matter preceding subparagraph 
     (A), by striking ``commander of each military medical 
     treatment facility'' and inserting ``military or civilian 
     director of each military medical treatment facility, under 
     the authority, direction, and control of the Director of the 
     Defense Health Agency,''; 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. 724. 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) 
     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 serve as the authority for 
     decisions relating to such acquisition and shall be 
     responsible for approving the acquisition strategy and 
     conducting pre-solicitation, pre-award, and post-award 
     acquisition reviews.''.

     SEC. 725. PILOT PROGRAM ON ESTABLISHMENT OF INTEGRATED HEALTH 
                   CARE DELIVERY SYSTEMS.

       (a) In General.--Beginning not later than one year after 
     the date of the enactment of this Act, the Secretary of 
     Defense, in consultation with the Secretary of Veterans 
     Affairs and the Secretary of Health and Human Services, shall 
     carry out a pilot program to establish integrated health care 
     delivery systems among the military health system, other 
     Federal health systems, and private sector integrated health 
     systems.
       (b) Duration of Pilot Program.--The Secretary of Defense 
     shall carry out the pilot program for a period of not less 
     than five years.
       (c) Implementation of Pilot Program.--
       (1) Establishment of task force.--The Secretary shall 
     establish a multi-disciplinary task force of Federal and 
     private sector health care experts (in this section referred 
     to as the ``Task Force'') to develop a plan to implement the 
     pilot program.
       (2) Membership of task force.--
       (A) In general.--The Task Force shall be composed of senior 
     health care representatives from--
       (i) the Department of Defense;
       (ii) the Department of Veterans Affairs;
       (iii) the Centers for Medicare & Medicaid Services;
       (iv) high-performance, integrated health systems in the 
     private sector; and
       (v) health information technology organizations in the 
     private sector.
       (B) Additional members.--The Secretary may appoint 
     additional members of the Task Force from the private sector 
     as the Secretary considers appropriate.
       (3) Submittal of plan.--Not later than 180 days after the 
     date of the enactment of this Act, the Task Force shall 
     submit to the Secretary an implementation plan for the pilot 
     program.
       (4) Nonapplicability of federal advisory committee act.--
     The Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to the Task Force.
       (d) Elements.--The pilot program shall be developed and 
     carried out as follows:
       (1) To create high-value integrated health systems that--
       (A) establish value-based models of reimbursement for 
     health care providers in integrated health care delivery 
     systems to promote medical innovation and create better 
     health value for patients;
       (B) provide innovative health benefit design solutions to 
     promote effective, efficient, and affordable health care; and
       (C) tailor case management and care coordination for high-
     need, high-cost patients.
       (2) To empower health care providers with real-time 
     advanced information technology solutions--
       (A) to coordinate and manage health care services across 
     the continuum of care; and
       (B) to leverage sophisticated data capture, cloud 
     computing, and data analytical tools to provide predictive 
     modeling capabilities for health care providers.
       (3) To empower patients with transparent information on 
     health care costs, quality outcomes, and safety within health 
     care provider networks in high-value integrated health 
     systems.
       (4) To provide incentives to patients and health care 
     providers to prevent overuse of low-value health care 
     services.
       (e) Reports.--
       (1) Report on implementation.--Not later than 270 days 
     after the date of the enactment of this Act, the Secretary 
     shall transmit to the Committees on Armed Services of the 
     Senate and the House of Representatives the implementation 
     plan submitted to the Secretary under subsection (c)(3).
       (2) Final report.--
       (A) In general.--Not later than four years after the date 
     that the pilot program begins, the Secretary shall submit to 
     the Committees on Armed Services of the Senate and the House 
     of Representatives a report assessing the pilot program.
       (B) Elements.--The report submitted under subparagraph (A) 
     shall provide the following:
       (i) An analysis of the impact of the pilot program on 
     building sustainable integrated health care delivery systems 
     among the military health system, other Federal health 
     systems, and private sector integrated health systems.
       (ii) A determination of the extent to which value-based 
     health care reimbursement models create value for patients 
     and the health systems participating in the pilot program.
       (iii) A determination of the extent to which the use of 
     real-time advanced information technology solutions--

       (I) improves coordination and management of health care 
     services across the continuum of care; and
       (II) leverages sophisticated data capture, cloud computing, 
     and data analytical tools to provide comprehensive predictive 
     modeling capabilities for health care providers.

       (iv) A determination of the extent to which transparency of 
     health care costs, health care quality outcomes, and patient 
     safety within health care provider networks encourages 
     patients to seek care from health care providers who provide 
     high-quality health outcomes at lower cost.
       (v) A determination of the extent to which patient and 
     provider incentives prevent overuse of low-value health 
     services.
       (vi) A determination of the extent to which the pilot 
     program should be expanded and implemented on a permanent 
     basis.

                 Subtitle C--Reports and Other Matters

     SEC. 731. 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. 732. 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.
       ``(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

[[Page S5310]]

     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. 733. PROHIBITION ON CONDUCT OF CERTAIN MEDICAL RESEARCH 
                   AND DEVELOPMENT PROJECTS.

       The Secretary of Defense and each Secretary of a military 
     department may not fund or conduct a medical research and 
     development project unless the Secretary funding or 
     conducting the project--
       (1) submits to the Committees on Armed Services of the 
     Senate and the House of Representatives a written 
     certification that the project is designed to directly 
     protect, enhance, or restore the health and safety of members 
     of the Armed Forces; and
       (2) does not initiate the funding or conduct of such 
     project until the date that is 90 days after the submittal of 
     such written certification.

     SEC. 734. 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:
       ``(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. 735. 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 revise certification requirements for 
     residential treatment centers of the Department to expand the 
     access of children of members of the Armed Forces to services 
     at such centers.
       (4) A plan to develop measures to evaluate and improve 
     access to pediatric care, coordination of pediatric care, and 
     health outcomes for such children.
       (5) 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.
       (6) 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.
       (7) 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.
       (8) 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.

     SEC. 736. INCLUSION OF GAMBLING DISORDER IN HEALTH 
                   ASSESSMENTS AND RELATED RESEARCH EFFORTS OF THE 
                   DEPARTMENT OF DEFENSE.

       (a) Annual Periodic Health Assessment.--The Secretary of 
     Defense shall incorporate medical screening questions 
     specific to gambling disorder into the Annual Periodic Health 
     Assessment (DD Form 3024) conducted by the Department of 
     Defense for members of the Armed Forces.
       (b) Research Efforts.--The Secretary shall incorporate into 
     ongoing research efforts of the Department questions on 
     gambling disorder, as appropriate, including by restoring 
     such questions into the Health Related Behaviors Survey of 
     Active Duty Military Personnel.

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

             Subtitle A--Acquisition Policy and Management

     SEC. 801. REPEAL OF TEMPORARY SUSPENSION OF PUBLIC-PRIVATE 
                   COMPETITIONS FOR CONVERSION OF DEPARTMENT OF 
                   DEFENSE FUNCTIONS TO PERFORMANCE BY 
                   CONTRACTORS.

       Effective as of the date that is one year after the date of 
     the enactment of this Act, section 325 of the National 
     Defense Authorization Act for Fiscal Year 2010 (Public Law 
     111-84; 123 Stat. 2253) is repealed.

     SEC. 802. 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) is amended--
       (1) in subsection (a), by striking paragraphs (2) and (3);
       (2) in subsection (b), by striking paragraph (2); and
       (3) by striking subsections (c) and (d).

     SEC. 803. 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 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 distinguishing a should-
     cost review and the analysis of program direct and indirect 
     costs.
       (2) Establishment of a process for communicating with the 
     contractor 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 are associated with specific 
     engineering or business changes that can be quantified and 
     tracked.
       (4) A description of the training, skills, and experience, 
     including cross functional 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.
       (7) A requirement that any separate audit or review carried 
     out in connection with the should-cost review be provided to 
     the prime contractor under the program.

     SEC. 804. CLARIFICATION OF PURPOSE OF DEFENSE ACQUISITION.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of Defense shall amend the Defense 
     Federal Acquisition Regulation as appropriate to provide the 
     following:
       (1) The Defense Acquisition System exists to manage the 
     nation's investments in technologies, programs, and product 
     support necessary to achieve the National Security Strategy 
     and support the United States Armed Forces.
       (2) The investment strategy of the Department of Defense 
     shall be postured to support not only today's force, but also 
     the next force, and future forces beyond that.
       (3) The primary objective 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 S5311]]

  


     SEC. 805. 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 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 advisory committee on technology established pursuant 
     to this section.

     SEC. 806. 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.

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

     SEC. 811. WAIVER AUTHORITY FOR PURPOSES OF EXPANDING 
                   COMPETITION.

       Section 2304 of title 10, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(m) In the event the application of any provision of law 
     results in only one responsible bidder for a contract, the 
     Secretary of Defense may waive such provision of law (other 
     than subsection (c)) for purposes of expanding competition 
     for the contract.''.

     SEC. 812. INCREASED SIMPLIFIED ACQUISITION THRESHOLD 
                   APPLICABLE TO DEPARTMENT OF DEFENSE 
                   PROCUREMENTS.

       (a) Increased Simplified Acquisition Threshold.--
       (1) In general.--Chapter 137 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 2339a. Simplified acquisition threshold

       ``Notwithstanding section 134 of title 41, the simplified 
     acquisition threshold for the Department of Defense for 
     purposes of such section is $250,000.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``2339a. Simplified acquisition threshold.''.
       (b) Conforming Amendment.--Section 134 of title 41, United 
     States Code, is amended by striking ``In division B'' and 
     inserting ``Except as provided in section 2339a of title 10, 
     in division B''.

     SEC. 813. INCREASED THRESHOLD FOR COST OR PRICING DATA AND 
                   TRUTH IN NEGOTIATIONS REQUIREMENTS.

       Section 2306a of title 10, United States Code, is amended 
     by striking ``$500,000'' each place it appears and inserting 
     ``$1,000,000''.

     SEC. 814. 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. 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 the amount 
     of expenditure consistent with a major system, as defined in 
     section 2302d of this title.
       ``(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.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter 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) Modification of Competitive Procedures Definition.--
     Section 2302(2)(B) of title 10, United States Code, is 
     amended by striking ``basic research proposals'' and 
     inserting ``proposals for basic research, applied research, 
     advanced research, or development projects''.
       (c) Repeal of Obsolete Authority.--Section 819 of the 
     National Defense Authorization Act for Fiscal Year 2010 
     (Public Law 107-314; 10 U.S.C. 2302 note) is hereby repealed.

     SEC. 815. TREATMENT OF INDEPENDENT RESEARCH AND DEVELOPMENT 
                   COSTS ON CERTAIN CONTRACTS.

       (a) Threshold for Establishing Advisory Panel Related to 
     Goal for Reimbursable Bid and Proposal Costs.--Section 
     2372a(d)(1) of title 10, United States Code, as added by 
     section 824(b)(1) of the National Defense Authorization Act 
     for Fiscal Year 2017 (Public Law 114-328), is amended by 
     striking ``If the Department of Defense exceeds the goal 
     established under subsection (c) for a fiscal year, within 
     180 days after exceeding the goal'' and inserting ``If the 
     amount of reimbursable bid and proposal costs paid by the 
     Department of Defense for a fiscal year exceeds .75 percent 
     of the total aggregate industry sales to the Department for 
     such fiscal year, within 180 days of exceeding such 
     threshold''.
       (b) Independent Research and Development Costs: Allowable 
     Costs.--Section 2372(d) of title 10, United States Code, as 
     amended by section 824(a)(1) of the National Defense 
     Authorization Act for Fiscal Year 2017 (Public Law 114-328), 
     is further amended by striking ``subsection (c)(3)(A)'' and 
     inserting ``subsection (c)(2)(A)''.

     SEC. 816. NON-TRADITIONAL CONTRACTOR DEFINITION.

       Section 2302(9) of title 10, United States Code, is amended 
     by striking ``means an entity that is not currently 
     performing'' and inserting ``means a specific business unit 
     or function with a unique entity identifier that is not 
     currently performing''.

     SEC. 817. REPEAL OF DOMESTIC SOURCE RESTRICTION RELATED TO 
                   WEARABLE ELECTRONICS.

       Section 2533a(b)(2) of title 10, United States Code, is 
     amended by inserting ``(excluding wearable electronics)'' 
     after ``Hand or measuring tools''.

     SEC. 818. USE OF OUTCOME-BASED AND PERFORMANCE-BASED 
                   REQUIREMENTS FOR SERVICES CONTRACTS.

       (a) Justification Requirement for Use of Personnel and 
     Labor Hour Requirements.--The Department of Defense may not 
     enter into a contract for the procurement of services valued 
     in excess of $10,000,000 based on specific descriptive 
     personnel and labor hour requirements unless the program 
     manager and contracting officer first submit to the Under 
     Secretary of Defense for Acquisition and Sustainment a 
     written justification including the reasons for basing the 
     contract on those requirements instead of outcome- or 
     performance-based requirements.
       (b) Comptroller General Report.--Not later than two 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 justifications 
     submitted pursuant to subsection (a). The report shall review 
     the adequacy of the justifications and identify any 
     reoccurring obstacles to the use of outcome- and performance-
     based requirements instead of specified personnel and labor 
     hour requirements for purposes of awarding services 
     contracts.
       (c) Sunset.--The requirements under this section shall 
     terminate at the close of September 30, 2022.

[[Page S5312]]

  


     SEC. 819. PILOT PROGRAM FOR LONGER TERM MULTIYEAR SERVICE 
                   CONTRACTS.

       (a) In General.--The Secretary of Defense 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 
     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 
     longer than five years used by the Federal Government, such 
     as Energy Savings Performance Contracts.
       (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 two 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.

     SEC. 820. IDENTIFICATION OF COMMERCIAL SERVICES.

       Section 876 of the National Defense Authorization Act for 
     Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2311) is 
     amended--
       (1) by striking ``Not later than'' and inserting ``(a) In 
     General.--Not later than''; and
       (2) by adding at the end the following new subsection:
       ``(b) Identification of Industry Subcategories.--In 
     preparing the guidance required under subsection (a), the 
     Secretary shall identify those industry subcategories in 
     facilities-related services, knowledge-based services (except 
     engineering services), construction services, medical 
     services, or transportation services in which there are 
     significant numbers of commercial services providers able to 
     meet the requirements of the Department of Defense.''.

     SEC. 821. GOVERNMENT ACCOUNTABILITY OFFICE BID PROTEST 
                   REFORMS.

       (a) In General.--Chapter 137 of title 10, United States 
     Code, as amended by section 812, is further amended by adding 
     at the end the following new section:

     ``Sec. 2340. Government Accountability Office bid protests

       ``(a) Payment of Costs for Denied Protests.--
       ``(1) In general.--A contractor who files a protest 
     described under paragraph (2) with the Government 
     Accountability Office on a contract with the Department of 
     Defense shall pay to the Department of Defense costs incurred 
     for processing a protest at the Government Accountability 
     Office and the Department of Defense.
       ``(2) Covered protests.--A protest described under this 
     paragraph is a protest--
       ``(A) all of the elements of which are denied in an opinion 
     issued by the Government Accountability Office; and
       ``(B) filed by a party with revenues in excess of 
     $100,000,000 during the previous year.
       ``(b) Withholding of Payments Above Incurred Costs of 
     Incumbent Contractors.--
       ``(1) In general.--Contractors who file a protest on a 
     contract on which they are the incumbent contractor shall 
     have all payments above incurred costs withheld on any bridge 
     contracts or temporary contract extensions awarded to the 
     contractor as a result of a delay in award resulting from the 
     filing of such protest.
       ``(2) Disposition of withheld payments above incurred 
     costs.--
       ``(A) Release to incumbent contractor.--All payments above 
     incurred costs of a protesting incumbent contractor withheld 
     pursuant to paragraph (1) shall be released to the protesting 
     incumbent contractor if--
       ``(i) the solicitation that is the subject of the protest 
     is cancelled and no subsequent request for proposal is 
     released or planned for release; or
       ``(ii) if the Government Accountability Office issues an 
     opinion that upholds any of the protest grounds filed under 
     the protest.
       ``(B) Release to awardee.--Except for the exceptions set 
     forth in subparagraph (A), all payments above incurred costs 
     of a protesting incumbent contractor withheld pursuant to 
     paragraph (1) shall be released to the contractor that was 
     awarded the protested contract prior to the protest.
       ``(C) Release to department of defense in event of no 
     contract award.--Except for the exceptions set forth in 
     subparagraph (A), if a protested contract for which payments 
     above incurred costs are withheld under paragraph (1) is not 
     awarded to a contractor, the withheld payments shall be 
     released to the Department of Defense and deposited into an 
     account that can be used by the Department to offset costs 
     associated with Government Accountability Office bid 
     protests.''.
       (b) Clerical Amendment.--The table of sections for such 
     chapter, as amended by section 812(a)(2) of this Act, is 
     further amended by inserting after the item relating to 
     section 2339a the following new item:

``2340. Government Accountability Office bid protests.''.

     SEC. 822. ENHANCED POST-AWARD DEBRIEFING RIGHTS.

       (a) Release of Contract Award Information.--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 require 
     that all required post-award debriefings must provide 
     detailed and comprehensive statements of the agency's rating 
     for each evaluation criteria and of the agency's overall 
     award decision. With regard to protecting the confidential 
     and proprietary information of other offerors, the revision 
     shall encourage the release to the company of all information 
     that otherwise would be releaseable in the course of a bid 
     protest challenge to an award. At a minimum, the revisions 
     shall include--
       (1) a requirement for disclosure of the agency's written 
     source selection award determination, redacted if necessary 
     to protect other offerors' confidential and proprietary 
     information;
       (2) a requirement for a combined written and oral 
     debriefing for all contract awards and task or delivery 
     orders valued at $10,000,000 or higher;
       (3) a requirement for an option, at an offerors' election, 
     for access to an unredacted copy of the source selection 
     award determination and the supporting agency record for 
     outside counsel or other appropriate outside representative 
     for all contract awards and task or delivery orders valued at 
     $10,000,000 or higher;
       (4) provisions ensuring that both losing and winning 
     offerors are entitled to the applicable enhanced post-award 
     debriefing rights; and
       (5) robust procedures, consistent with section 
     2305(b)(5)(C) of title 10, United States Code, and section 
     15.506(e) of 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 of receiving a post-award debriefing 
     additional, follow-up questions related to the debriefing.''; 
     and
       (3) by inserting after subparagraph (B) the following new 
     subparagraph:
       ``(C) The agency shall respond in writing to additional, 
     follow-up questions submitted under subparagraph (B) within 
     five business days. The debriefing will not be considered 
     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 five-day post-debriefing period 
     does not commence until the day the Government delivers to a 
     disappointed offeror the written responses to any questions 
     submitted pursuant to section 2305(5)(B)(vii) of title 10.''.
       (d) Decisions on Protests.--Section 3554(a)(1) of title 31, 
     United States Code, is amended by striking the period at the 
     end and inserting the following: ``for all protests arising 
     from agencies outside the Department of Defense and within 65 
     days after the date the protest is submitted to the 
     Comptroller General for all protests arising from the 
     Department of Defense and its subordinate agencies. In 
     protests arising from the Department of Defense and its 
     subordinate agencies which present unusually complex issues 
     or large agency records, the Comptroller General may extend 
     the time for decision but in no event later than 100 days 
     after the protest is submitted.''.

     SEC. 823. 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) Limitation on Unilateral Definitization by the 
     Contracting Officer.--The following limitation applies to all 
     undefinitized contractual actions with a not to exceed value 
     of $50,000,000 or greater:
       ``(1) If agreement is not reached on contractual terms, 
     specifications, and price by a date certain, as required 
     under subsection (b)(1), the contracting officer may not 
     unilaterally definitize those terms, specifications and price 
     over the objection of the contractor until--
       ``(A) the head of the agency approves the definitization in 
     writing;
       ``(B) the contracting officer provides the written approval 
     to the contractor; and
       ``(C) the head of the agency notifies the congressional 
     defense committees of the approval.

[[Page S5313]]

       ``(2) The contract modification unilaterally definitizing 
     the action shall not take effect until 60 calendar days after 
     the congressional defense committees have been notified under 
     subparagraph (C) of such paragraph.''.
       (b) 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 Regulations to conform with the 
     amendments made by subsection (a).

     SEC. 824. RESTRICTION ON USE OF REVERSE AUCTIONS AND LOWEST 
                   PRICE TECHNICALLY ACCEPTABLE CONTRACTING 
                   METHODS FOR SAFETY EQUIPMENT.

       (a) In General.--Section 814 of the National Defense 
     Authorization Act for Fiscal Year 2017 (Public Law 114-328) 
     is amended--
       (1) in the section heading, by inserting ``and safety 
     equipment'' after ``personal protective equipment''; and
       (2) by inserting ``and safety equipment'' after ``personal 
     protective equipment''.
       (b) Conforming Amendments.--The tables of sections in 
     section 2(b) of such Act and at the beginning of title VIII 
     of such Act are amended in the item relating to section 814 
     by inserting ``and safety equipment'' after ``personal 
     protective equipment''.

     SEC. 825. 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) 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 not realize any 
     additional innovation or future technological advantage by 
     using a different methodology; and
       ``(8) the items procured are predominantly expendable in 
     nature, non-technical, or a short life expectancy or short 
     shelf life.''.
       (b) Reporting Requirement.--Subsection (d) of such section 
     is amended by striking ``contract exceeding $10,000,000'' and 
     inserting ``contract exceeding $5,000,000''.

     SEC. 826. MIDDLE TIER OF ACQUISITION FOR RAPID PROTOTYPE AND 
                   RAPID FIELDING.

       (a) Elimination of Cost-sharing Requirement.--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.
       (b) Use of Simplified Procedures.--Not later than 180 days 
     after the date of the enactment of this Act, the Defense 
     Acquisition Regulation Supplement shall be amended to provide 
     for special simplified procedures for purchases of property 
     and services under the rapid prototyping and rapid fielding 
     programs established under section 804 of the National 
     Defense Authorization Act for Fiscal Year 2016 (Public Law 
     114-92; 10 U.S.C. 2302 note).

     SEC. 827. 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 ``fiscal year 2015'' and 
     inserting ``fiscal years 2018, 2019, 2020, 2021, and 2022'';
       (2) in subsection (b)--
       (A) in paragraph (1), by striking ``or underrun'';
       (B) in paragraph (2), by striking ``or underruns'';
       (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''; and
       (3) in subsection (c), by striking ``each fiscal year 
     beginning with fiscal year 2015'' and inserting ``fiscal 
     years 2018, 2019, 2020, 2021, and 2022''.
       (b) 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.

     SEC. 828. CONTRACT CLOSEOUT AUTHORITY.

       Section 836(b)(1) of the National Defense Authorization Act 
     for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2286) is 
     amended by striking ``entered into prior to fiscal year 
     2000'' and inserting ``entered into at least 17 years before 
     the current fiscal year''.

     SEC. 829. SERVICE CONTRACTS OF THE DEPARTMENT OF DEFENSE.

       (a) Inclusion of Certain Information in Future-years 
     Defense Program.--Each future-years defense program submitted 
     to Congress pursuant to section 221of title 10, United States 
     Code, for a fiscal year after fiscal year 2018 shall include 
     an estimate of the cost and number of service contracts of 
     the Department of Defense for each fiscal year covered by the 
     future-years defense program. The estimate shall be set forth 
     for the Department of Defense as a whole and separately for 
     each department, agency, organization, and element of the 
     Department anticipated to use service contracts during the 
     fiscal years covered by the future-years defense program 
     concerned.
       (b) Requirement for Certification and Briefing.--No study 
     or competition regarding a public-private competition for the 
     conversion to performance by a contractor for any function 
     performed by Department of Defense civilian employees may be 
     begun or announced pursuant to section 2461 of title 10, 
     United States Code, or otherwise pursuant to Office of 
     Management and Budget Circular A-76, until such time as--
       (1) the future-years defense program submitted to Congress 
     includes the information described in subsection (a); or
       (2) the Secretary of Defense certifies that the Department 
     has a plan to provide such information by the next fiscal 
     year.

     SEC. 830. DEPARTMENT OF DEFENSE CONTRACTOR WORKPLACE SAFETY 
                   AND ACCOUNTABILITY.

       (a) Identification of Known Workplace Safety and Health 
     Violations.--
       (1) In general.--A contracting officer, prior to awarding 
     or renewing a covered contract, shall, as part of the 
     responsibility determination, consider any identified 
     violations of the Occupational Safety and Health Act of 1970 
     (29 U.S.C. 651 et seq.) or equivalent State laws by the 
     offeror, and by any covered subcontractors.
       (2) Responsibility determination.--The contracting officer 
     shall consider violations described in paragraph (1) in 
     determining whether the offeror is a responsible source with 
     a satisfactory record of performance that meets mission and 
     ethical standards.
       (3) Referral of information to suspension and debarment 
     officials.--As appropriate, a contracting officer shall refer 
     matters related to violations described in paragraph (1) to 
     the Department of Defense's suspension and debarment official 
     in accordance with Department procedures.
       (b) Contractor Rights.--The Secretary of Defense shall 
     establish policies and practices--
       (1) ensuring that when making responsibility 
     determinations, contracting officers request that contractors 
     provide any and all information the contractors deem 
     necessary to demonstrate responsibility prior to final 
     determinations;
       (2) establishing mechanisms for contractors to have an 
     expedited process to review any information used to support 
     determinations of non-responsibility; and
       (3) establishing mechanisms for contractors to have an 
     expedited process to appeal determinations of non-
     responsibility.
       (c) Protest Rights.--The Secretary of Defense shall protect 
     the rights of contractors to protest bids and appeal actions 
     taken pursuant to this section.
       (d) Training and Guidance.--The Secretary of Defense shall 
     develop and provide clear training and guidance to 
     acquisition officials, contracting officers, and current and 
     potential contractors regarding implementation policies and 
     practices for this section.
       (e) Comptroller General Report.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall submit to the Department of Defense and 
     the congressional defense committees a report on the health 
     and safety records of Department of Defense contractors.
       (2) Elements.--The report required under paragraph (1) 
     shall include the following elements:
       (A) A description of the Department of Defense's existing 
     procedures to evaluate the safety and health records of 
     current and prospective contractors.
       (B) An evaluation of the Department's adherence to those 
     procedures.
       (C) An assessment of the current incidence of health and 
     safety violations by Department contractors.
       (D) An assessment of whether the Department of Labor has 
     the resources to investigate and identify safety and health 
     violations by Department of Defense contractors.
       (E) An assessment of whether the Department of Labor should 
     consider assuming an expanded investigatory role or a 
     targeted enforcement program for ensuring the safety and 
     health of workers under Department of Defense contracts.
       (f) Definitions.--In this section:
       (1) Covered contract.--The term ``covered contract'' means 
     a Department of Defense contract for the procurement of 
     property or services, including construction, valued in 
     excess of $1,000,000.
       (2) Covered subcontractor.--The term ``covered 
     subcontractor'' means a subcontractor listed in the bid for a 
     covered contract or known by the Department of Defense to be 
     a subcontractor of the offeror.

     SEC. 831. DEPARTMENT OF DEFENSE PROMOTION OF CONTRACTOR 
                   COMPLIANCE WITH EXISTING LAW.

       It is the sense of Congress that--
       (1) the Department of Defense should aim to ensure that 
     parties contracting with the Federal Government abide by 
     existing law, including worker protection laws;
       (2) worker protection laws, including chapter 43 of title 
     38, United States Code (commonly known as the ``Uniformed 
     Services Employment and Reemployment Rights Act of 1994'' or 
     ``USERRA'') and the Americans with Disabilities Act of 1990 
     (42 U.S.C. 12101 et seq.), were enacted to ensure equitable 
     workplace practices;

[[Page S5314]]

       (3) identifying and helping to improve the compliance of 
     contractors with worker protection violations will help avoid 
     setbacks and delays stemming from contracting with 
     noncompliant contractors; and
       (4) the Secretary of Defense has the authority to ensure 
     contractors' compliance with existing laws and should 
     establish a goal to work with responsible contractors who are 
     in compliance with worker protection laws.

 Subtitle C--Provisions Relating to Major Defense Acquisition Programs

     SEC. 835. 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--
       ``(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. 836. 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. 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 development contract of a major defense 
     acquisition program.
       ``(b) Notification.--(1) The Secretary of Defense shall 
     submit to the congressional defense committees a notification 
     of the source selection process that the Department of 
     Defense plans to use for the development contract of a major 
     defense acquisition program.
       ``(2) The notification required under paragraph (1) shall 
     be submitted at the same time that the President submits 
     under section 1105 of title 31 the budget in which budget 
     authority is requested for the development contract of a 
     major defense acquisition program. If the Department of 
     Defense has not yet determined the source selection process 
     for the development contract at the time that budget 
     authority for the development contract is requested, the 
     Department of Defense shall submit the notification not later 
     than 30 days before release of the request for proposals for 
     the development contract.
       ``(c) 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) Development contract.--The term `development 
     contract' means a prime contract for the development of a 
     major defense acquisition program.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter 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) 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.

        Subtitle D--Provisions Related to Acquisition Workforce

     SEC. 841. 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.
       (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 
     establish, in support of the achievement of the goals of this 
     section--
       (1) a university research program to engage academic 
     experts on research topics of interest to improve commercial 
     item identification and pricing methodologies; and
       (2) a set of exchange and interface opportunities between 
     government personnel experts 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).

     SEC. 842. MODIFICATION OF DEFINITION OF ACQUISITION WORKFORCE 
                   TO INCLUDE PERSONNEL ENGAGED IN THE ACQUISITION 
                   OR DEVELOPMENT OF CYBERSECURITY SYSTEMS.

       Section 1705(h)(2)(A) of title 10, United States Code, is 
     amended--
       (1) by inserting ``(i)'' after ``(A)'';
       (2) by striking ``; and'' and inserting ``; or''; and
       (3) by adding at the end the following new clause:
       ``(ii) are engaged in the acquisition or development of 
     systems relating to cybersecurity; and''.

     SEC. 843. TRAINING AND SUPPORT FOR PROGRAMS PURSUING AGILE 
                   ACQUISITION METHODS.

       (a) In General.--Not later than 120 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 an in-resident targeted training 
     course at the Defense Acquisition University on Agile 
     Acquisition.
       (b) Course Components.--The course shall include the 
     following elements:
       (1) Training designed to instill a common understanding of 
     all functional roles and dependencies involved in developing 
     and producing a capability using Agile processes.
       (2) An exercise involving teams composed of personnel from 
     pertinent functions and functional organizations engaged in 
     developing an integrated Agile Acquisition approach for a 
     specific program.
       (c) Course Attendance.--The course shall be--
       (1) available for certified acquisition personnel from all 
     program offices using Agile Acquisition methods; and
       (2) mandatory for personnel from other relevant 
     organizations in each of the military services and Defense 
     Agencies, including organizations responsible for 
     engineering, budgeting, contracting, test and evaluation, 
     requirements validation, and certification and accreditation, 
     that support those program offices.
       (d) Agile Acquisition Coach.--
       (1) In general.--The Secretary and the senior acquisition 
     executives in each of the military services and Defense 
     Agencies, in coordination with the Director of the Defense 
     Digital Service, shall ensure that program offices pursuing 
     Agile Acquisition methods have access to an Agile Acquisition 
     coach.
       (2) Expertise.--The Agile Acquisition coach shall possess 
     expertise in--
       (A) commercial Agile Acquisition methods; and
       (B) the acquisition system and processes of the Department 
     of Defense.
       (3) Duties.--The Agile Acquisition coach shall--
       (A) assist program offices, supporting stakeholder 
     organizations, and personnel in properly applying Agile 
     Acquisition methods; and
       (B) notify the appropriate acquisition authorities if 
     programs are deviating from best practices or are not 
     receiving appropriate support from stakeholder organizations, 
     in a manner or to a degree that threatens the success of the 
     program.
       (e) Agile Acquisition 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) Definitions.--In this section the term ``Agile 
     Acquisition''--
       (1) means acquisition pursuant to a methodology for 
     delivering multiple, rapid, incremental capabilities to the 
     user for operational use, evaluation, and feedback; 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. 844. 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

[[Page S5315]]

     the amount for a fiscal year to an amount that is more than 
     $600,000,000 or less than $400,000,000.''.

           Subtitle E--Provisions Related to Commercial Items

     SEC. 851. MODIFICATION TO DEFINITION OF COMMERCIAL ITEMS.

       Section 2376 of title 10, United States Code, is amended--
       (1) in paragraph (1), by striking `` `commercial item',''; 
     and
       (2) by adding at the end the following new paragraph:
       ``(4) The term `commercial item' has the meaning given the 
     term in section 103 of title 41, except that it does not 
     include an item referred to in paragraph (3)(B) of such 
     section if, after the minor modifications made to meet 
     Federal Government requirements referred to in such 
     paragraph, the item includes a preponderance of government-
     unique functions or essential characteristics.''.

     SEC. 852. REVISION TO DEFINITION OF COMMERCIAL ITEM.

       Section 103(8) of title 41, United States Code, is amended 
     by striking ``to multiple State and local governments'' and 
     inserting ``to multiple State, local, or foreign 
     governments''.

     SEC. 853. 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 or subcontract for an 
     item 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 Secretary of Defense 
     determines in writing that it is no longer cost-effective to 
     procure 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 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 Secretary of Defense 
     that it is no longer cost-effective to procure the item using 
     such procedures.''.

     SEC. 854. PREFERENCE FOR ACQUISITION OF COMMERCIAL ITEMS.

       Section 2377(b) of title 10, United States Code, is 
     amended--
       (1) by redesignating paragraphs (1) through (6) as 
     subparagraphs (A) through (F), respectively, and moving such 
     subparagraphs, as so redesignated, two ems to the right;
       (2) by striking ``The head'' and inserting ``(1) The 
     head''; and
       (3) by adding at the end the following new paragraph:
       ``(2) The preference for the acquisition of commercial 
     items and nondevelopmental items under this section shall 
     take priority over any small business set-aside program, and 
     shall require, to the maximum extent practicable, the 
     acquisition of commercial items or nondevelopmental items 
     other than commercial items in accordance with the terms of 
     this section. If the requirements of an agency with respect 
     to a procurement of supplies or services can be met with 
     commercial items or nondevelopmental items other than 
     commercial items provided by a small business concern, the 
     small business concern may be awarded the contract in 
     accordance with the requirements of a set-aside program.''.

     SEC. 855. INAPPLICABLE LAWS AND REGULATIONS.

       (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 180 days after the date of the 
     enactment of this Act, the Secretary of Defense shall--
       (1) review each determination of the Federal Acquisition 
     Regulatory Council pursuant to section 1906(b)(2), section 
     1906(c)(3), or section 1907(a)(2) of title 41, United States 
     Code, not to exempt contracts 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) revise 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) Elimination of Certain Contract Clause Requirements 
     Applicable to Commercial Item Contracts.--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 eliminate 
     all regulations promulgated after the date of the enactment 
     of the Federal Acquisition Streamlining Act of 1994 (Public 
     Law 103-355) 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 that the Secretary determines 
     are vital to national security.
       (c) Elimination of Certain Contract Clause Requirements 
     Applicable to Commercially Available Off-the-shelf Item 
     Subcontracts.--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 eliminate all requirements for 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 is 
     necessary for the contractor to meet the requirements of the 
     prime contract.

                  Subtitle F--Industrial Base Matters

     SEC. 861. REVIEW REGARDING APPLICABILITY OF FOREIGN 
                   OWNERSHIP, CONTROL, OR INFLUENCE REQUIREMENTS 
                   OF NATIONAL SECURITY INDUSTRIAL PROGRAM TO 
                   NATIONAL TECHNOLOGY AND INDUSTRIAL BASE 
                   COMPANIES.

       (a) Review.--The Secretary of Defense, with the concurrence 
     of the Secretary of State, shall review whether companies 
     whose ownership or majority control is based in countries 
     that are part of the national technology and industrial base 
     should be exempted from the foreign ownership, control, or 
     influence (FOCI) requirements of the National Security 
     Industrial Program.
       (b) Authority.--
       (1) In general.--The Secretary of Defense may establish a 
     program to carry out the exemption process described under 
     subsection (a). Under the program, the Secretary, with the 
     concurrence of the Secretary of State, shall maintain a list 
     of companies owned or controlled by countries that are part 
     of the national technology and industrial base that are 
     eligible for exemption from the requirements described under 
     such subsection.
       (2) Determinations of eligibility.--The Secretary of 
     Defense, with the concurrence of the Secretary of State, may 
     designate a company under paragraph (1) as exempt from the 
     requirements described under subsection (a) upon a 
     determination that such exemption--
       (A) is beneficial to improving collaboration within 
     countries participating in the national technology and 
     industrial base;
       (B) is in the United States national security interest; and
       (C) will not result in a greater risk of the disclosure of 
     classified or sensitive information consistent with the 
     National Security Industrial Program.
       (3) Exercise of authority.--The authority under paragraph 
     (1) to exempt a listed company from the requirements 
     described under subsection (a) may be exercised beginning on 
     the date that is the later of--
       (A) the date that is 60 days after the Secretary of 
     Defense, in consultation with the Secretary of State, submits 
     to the congressional defense committees a report summarizing 
     the review conducted under such subsection; and
       (B) the date that is 30 days after the Secretary of 
     Defense, in consultation with the Secretary of State, submits 
     to the congressional defense committees a written 
     notification of a determination under paragraph (2) to exempt 
     the company from such requirements, including a discussion of 
     the issues related to the foreign ownership or control of the 
     company that were considered as part of the determination.
       (c) National Technology and Industrial Base Defined.--In 
     this section, the term ``national technology and industrial 
     base'' has the meaning given the term in section 2500 of 
     title 10, United States Code.

     SEC. 862. PILOT PROGRAM ON STRENGTHENING MANUFACTURING IN 
                   DEFENSE INDUSTRIAL BASE.

       (a) Pilot Program Required.--The Secretary of Defense shall 
     carry out a pilot program to assess the feasibility and 
     advisability of increasing the capability of the defense 
     industrial base to support--
       (1) production needs to meet military requirements; and
       (2) manufacturing and production of emerging defense and 
     commercial technologies of military value.
       (b) Authorities.--The Secretary shall carry out the pilot 
     program under the following:
       (1) The Defense Production Act of 1950 (50 U.S.C. 4501 et 
     seq.).
       (2) Chapters 137 and 139 and sections 2371, 2371b, and 2373 
     of title 10, United States Code.
       (3) Such other legal authorities as the Secretary considers 
     applicable to carrying out the pilot program.
       (c) Activities.--Activities under the pilot program may 
     include the following:
       (1) Use of contracts, grants, or other transaction 
     authorities to support manufacturing and production 
     capabilities in small and medium sized manufacturers.
       (2) Purchases of quantities of goods or equipment for 
     testing and qualification purposes.
       (3) Purchase commitments to create incentives for industry 
     to develop manufacturing

[[Page S5316]]

     and production capabilities of interest to national security, 
     including cost sharing with funding from nongovernmental 
     sources.
       (4) Issuing loans directly to small and medium sized 
     enterprises to support manufacturing and production 
     capabilities.
       (5) Guaranteeing loans to enable small and medium sized 
     manufacturers to obtain private sector loans to support 
     manufacturing and production capabilities in areas of 
     national security interest.
       (6) Giving awards to third party entities to support 
     investments in small and medium sized manufacturers working 
     in areas of national security interest, including activities 
     to support debt and equity investments that would benefit 
     missions of the Department of Defense.
       (7) Such other activities as the Secretary determines 
     necessary.
       (d) Termination.--The pilot program shall terminate on the 
     date that is five years after the date of the enactment of 
     this Act.

     SEC. 863. SUNSET OF CERTAIN PROVISIONS RELATING TO THE 
                   INDUSTRIAL BASE.

       (a) Miscellaneous Limitations on the Procurement of Goods 
     Other Than United States Goods.--Section 2534 of title 10, 
     United States Code, is amended by adding at the end the 
     following new subsection:
       ``(k) Sunset on Certain Restrictions.--The restriction 
     under subsection (a) relative to the procurement of the items 
     set forth in paragraphs (1) through (4) of such subsection 
     shall terminate on the close of September 30, 2018.''.
       (b) Photovoltaic Devices.--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 amended by adding at the end the following new 
     subsection:
       ``(c) Sunset.--This section shall terminate on the close of 
     September 30, 2018.''.

             Subtitle G--International Contracting Matters

     SEC. 865. PROCUREMENT EXCEPTION RELATING TO AGREEMENTS WITH 
                   FOREIGN GOVERNMENTS.

       Section 2533a of title 10, United States Code, is amended--
       (1) in subsection (a), by striking ``subsections (c) 
     through (h)'' and inserting ``subsections (c) through (i)'';
       (2) by redesignating subsections (i), (j), and (k) as 
     subsections (j), (k), and (l), respectively; and
       (3) by inserting after subsection (h) the following new 
     subsection:
       ``(i) Exception Relating to Agreements With Foreign 
     Governments.--Subsection (a) does not preclude the 
     acquisition of items described in subsection (b) as part of a 
     weapon system if the acquisition is necessary in furtherance 
     of an agreement with a foreign government in which both 
     governments agree to remove barriers to purchases of supplies 
     produced in the other country or services performed by 
     sources of the other country.''.

     SEC. 866. APPLICABILITY OF COST AND PRICING DATA 
                   CERTIFICATION REQUIREMENTS.

       Section 2306a(b)(1) of title 10, United States Code, is 
     amended--
       (1) in subparagraph (C), by striking ``; or'' and inserting 
     a semicolon;
       (2) in subparagraph (D)(ii), by striking the period at the 
     end and inserting ``; or''; and
       (3) by adding at the end the following new subparagraph:
       ``(E) for a foreign military sale where there is already an 
     existing Government contract--
       ``(i) for the same or similar item or service; and
       ``(ii) for which the Government has current cost and 
     pricing data and insights into the reasonableness of 
     price.''.

     SEC. 867. ENHANCING PROGRAM LICENSING.

       (a) In General.--Not later than September 30, 2019, the 
     Secretary of Defense, with the concurrence of the Secretary 
     of State, shall establish a structure for implementing a 
     revised program export licensing framework intended to 
     provide comprehensive export licensing authorization to 
     support large international cooperative defense programs 
     between multiple nations and determine what, if any, 
     regulatory authorities require modification.
       (b) Sustainment.--The licensing framework established under 
     subsection (a) shall require a program license for the future 
     sustainment of all international cooperative defense programs 
     comprised of more than five nations. The program license 
     shall be finalized prior to the sustainment phase of that 
     program's acquisition lifecycle.

                     Subtitle H--Other Transactions

     SEC. 871. OTHER TRANSACTION AUTHORITY.

       (a) Expanded Authority for Prototype Projects.--Subsection 
     (a) of section 2371b of title 10, United States Code, is 
     amended--
       (1) by striking ``(1) Subject'' and inserting ``Subject''; 
     and
       (2) by striking paragraphs (2) and (3).
       (b) Modification of Cost Sharing Requirement for Use of 
     Other Transaction Authority.--Subsection (d)(1) of such 
     section is amended by striking subparagraph (C) and inserting 
     the following new subparagraph:
       ``(C) At least one third of the total cost of the prototype 
     project is to be paid out of funds provided by sources other 
     than the Federal Government.''.
       (c) Use of Other Transaction Authority for Ongoing 
     Prototype Projects.--Subsection (f)(1) of such section is 
     amended by adding at the end the following: ``A transaction 
     includes all individual prototype sub-projects awarded under 
     the transaction to a consortium of United States industry and 
     academic institutions.''.

     SEC. 872. 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 ensure that management, technical, and contracting 
     personnel of the Department involved in the award and 
     administration of transactions under this section or other 
     innovative forms of contracting are afforded adequate 
     education and training.''.

     SEC. 873. 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 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. 874. 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 sections 2371 
     and 2371b of this title; or
       ``(6) by procurement for experimental purposes pursuant to 
     section 2373 of this title.''.

   Subtitle I--Development and Acquisition of Software Intensive and 
                     Digital Products and Services

     SEC. 881. RIGHTS IN TECHNICAL DATA.

       (a) Modification of Definition of Technical Data.--
     Paragraph (4) of section 2302 of title 10, United States 
     Code, is amended to read as follows:
       ``(4) The term `technical data'--
       ``(A) means recorded information (regardless of the form or 
     method of the recording) of a scientific or technical nature 
     relating to supplies procured by an agency;
       ``(B) with respect to software, includes everything 
     required to reproduce, build/recompile, test, and deploy 
     working system binaries on system hardware, including all 
     source code, revision histories, build scripts, build/
     compilation/modification instructions/procedures, 
     documentation, test cases, expected test results, compilers, 
     interpreters, test harnesses, specialized build and test 
     hardware, connectors, cables, and library dependencies; and
       ``(C) does not include computer software incidental to 
     contract administration or financial, administrative, cost or 
     pricing, or management data or other information incidental 
     to contract administration.''.
       (b) Rights in Technical Data.--Section 2320(a)(2) of title 
     10, United States Code, is amended by adding at the end the 
     following new subparagraph:
       ``(J) The Secretary of Defense shall require the following 
     with respect to software delivery:
       ``(i) Software shall be delivered in native electronic 
     format.
       ``(ii) Builds must not be dependent upon pre-defined build 
     directories.
       ``(iii) In the case of licensing restrictions that do not 
     allow library dependency inclusion, verified accessible 
     repositories and revision history shall be documented and 
     included.
       ``(iv) Commercial Off-The Shelf/Non-Development Item (COTS/
     NDI) shall be delivered on original Licensed Media. If 
     firmware is part of the delivery, then a Firmware Support 
     Manual should be included as an Appendix.''.

     SEC. 882. 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 
     task 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 this study, and may 
     recommend additional temporary members or contracted support 
     personnel to the Secretary of Defense for the purposes of 
     this 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 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) produce specific and detailed recommendations for any 
     legislation, including

[[Page S5317]]

     the amendment or repeal of regulations, that the members of 
     the Board conducting the study determine necessary to--
       (i) streamline development and procurement of software;
       (ii) adopt best practices from the private sector 
     applicable to government use;
       (iii) promote rapid adoption of new technology;
       (iv) ensure continuing financial and ethical integrity in 
     procurement; and
       (v) protect the best interests of the Department of 
     Defense; and
       (C) produce such additional recommendations for legislation 
     as such members consider appropriate.
       (4) Consultation on major program realignment.--The 
     Secretary of Defense shall consult with the Defense 
     Innovation Board in conducting activities under the major 
     program realignment pilot program established pursuant to 
     section 873. The Secretary shall provide the Board with 
     timely access to all information necessary for the Board to 
     provide such consultation and report on the major program 
     realignment.
       (5) 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 tasks 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. 883. PILOT TO TAILOR SOFTWARE-INTENSIVE MAJOR PROGRAMS 
                   TO USE AGILE METHODS.

       (a) 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 and Chiefs of the military 
     services, shall identify one major program per service and 
     one defense-wide program for tailoring into smaller 
     increments. The programs shall be selected from among those 
     designated as major defense acquisition programs and those 
     formerly designated as major automated information systems 
     (excluding defense business systems).
       (b) Program Selection Criteria.--In identifying candidate 
     programs, the Secretary shall prioritize programs that--
       (1) are software intensive;
       (2) have identified software development as a risk;
       (3) have experienced cost growth and schedule delay; and
       (4) did not deliver any operational capability within the 
     prior calendar year.
       (c) Realignment Plan.--The Secretary of Defense shall 
     finalize a realignment plan within 60 days of programs being 
     identified under subsection (a) that provides for the 
     realigned program increments having a cost below the cost 
     threshold for designation as a major acquisition.
       (d) Realignment Execution.--Each realigned program 
     increment shall--
       (1) be designed to deliver a meaningfully useful capability 
     within the first 180 days following realignment;
       (2) be designed to deliver subsequent meaningfully useful 
     capabilities on timeframes of less than 180 days;
       (3) incorporate cross-functional teams focused on software 
     production that prioritize user needs and control of total 
     cost of ownership;
       (4) 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;
       (5) ensure that realigned acquisition strategies are broad 
     enough to allow offerors to propose a service, system, 
     modified business practice, configuration of personnel, or 
     combination thereof as a solution;
       (6) include periodic engagement with the user community, as 
     well as representation by the user community in program 
     management and software production activity;
       (7) ensure realigned acquisition strategies favor outcomes-
     based requirements definition and capability as a service, 
     including the establishment of technical evaluation criteria 
     as outcomes to be used to drive service-level agreements with 
     vendors; and
       (8) consider options for termination of the relationship 
     with any vendor unable or unwilling to offer terms that meet 
     the requirements of this section.
       (e) Consultation.--In conducting the program selection and 
     tailoring under this section, the Secretary shall--
       (1) use the tools, resources, and expertise of digital and 
     innovation organizations resident in the Department, such as 
     the Defense Innovation Board, the Defense Innovation Unit 
     Experimental, the Defense Science Board, the Defense Digital 
     Services, federally funded research and development centers, 
     research laboratories, and other technical, management, and 
     acquisition experts;
       (2) use the digital development and acquisition expertise 
     of the General Services Administration's Technology 
     Transition Service, Office of 18F; and
       (3) leverage the science, technology, and innovation 
     activities established pursuant to section 217 of the 
     National Defense Authorization Act for Fiscal Year 2016 
     (Public Law 114-92; 10 U.S.C. 2445a note).
       (f) Agile Acquisition Defined.--In this section, the term 
     ``agile acquisition''--
       (1) means acquisition pursuant to a methodology for 
     delivering multiple, rapid, incremental capabilities to the 
     user for operational use, evaluation, and feedback; 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. 884. REVIEW AND REALIGNMENT OF DEFENSE BUSINESS SYSTEMS 
                   TO EMPHASIZE AGILE METHODS.

       (a) In General.--Not later than 30 days after the date of 
     the enactment of this Act, the Secretary of Defense, in 
     consultation with the Chief Information Officers and Chief 
     Management Officers of the military services, shall conduct a 
     comprehensive assessment of investments in defense business 
     systems and prioritize no fewer than four and up to eight 
     such systems for realignment and restructuring into smaller 
     increments and the incorporation of agile acquisition 
     methods.
       (b) Program Assessment Elements.--The assessment under 
     subsection (a) shall include the following:
       (1) A comparison of investments in business systems across 
     the Department of Defense within each business system 
     portfolio category, such as personnel and pay systems, 
     accounting and financial systems, and contracting and 
     procurement systems.
       (2) Identification of opportunities to rationalize 
     requirements across investments within a business system 
     portfolio.
       (3) Identification of programs within business system 
     portfolio categories that are most closely following the best 
     acquisition practices for software intensive systems.
       (c) Program Realignment Selection Criteria.--In identifying 
     programs for potential realignment, the Secretary of Defense 
     shall prioritize programs that--
       (1) did not deliver any operational capability within the 
     prior calendar year;
       (2) have experienced cost growth and schedule delay; and
       (3) have similar user requirements to a better performing 
     program within the same business system portfolio category.
       (d) Realignment Plan.--The Secretary of Defense shall 
     finalize a realignment plan within 60 days of programs being 
     identified under subsection (c).
       (e) Realignment Execution.--Each realigned program 
     increment shall--
       (1) be designed to deliver a meaningfully useful capability 
     within the first 180 days following realignment;
       (2) be designed to deliver subsequent meaningfully useful 
     capabilities on timeframes of less than 180 days;
       (3) incorporate cross-functional teams focused on software 
     production that prioritize user needs and control of total 
     cost of ownership;
       (4) 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 decision 
     making;
       (5) ensure that realigned acquisition strategies are broad 
     enough to allow offerors to propose a service, system, 
     modified business practice, configuration of personnel, or 
     combination thereof as a solution;
       (6) include periodic engagement with the user community as 
     well as representation by the user community in program 
     management and software production activity;
       (7) ensure realigned acquisition strategies favor outcomes-
     based requirements definition and capability as a service, 
     including the establishment of technical evaluation criteria 
     as outcomes to be used to drive service-level-agreements with 
     vendors; and
       (8) consider options for termination of the relationship 
     with any vendor unable or unwilling to offer terms that meet 
     the requirements of this section.
       (f) Consultation.--In conducting the program selection and 
     realignments under this section, the Secretary shall--
       (1) use the tools, resources, and expertise of digital and 
     innovation organizations resident in the Department, such as 
     the Defense Innovation Board, the Defense Innovation Unit 
     Experimental, the Defense Science Board, the Defense Business 
     Board, the Defense Digital Services, federally funded 
     research and development centers, research laboratories, and 
     other technical, management, and acquisition experts;
       (2) use the digital development and acquisition expertise 
     of the General Services Administration's Technology 
     Transition Service, Office of 18F; and
       (3) leverage the science, technology, and innovation 
     activities established pursuant to section 217 of the 
     National Defense Authorization Act for Fiscal Year 2016 
     (Public Law 114-92; 10 U.S.C. 2445a note).

[[Page S5318]]

       (g) Agile Acquisition Defined.--In this section, the term 
     ``agile acquisition''--
       (1) means acquisition pursuant to a methodology for 
     delivering multiple, rapid, incremental capabilities to the 
     user for operational use, evaluation, and feedback; 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. 885. SOFTWARE DEVELOPMENT PILOT 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 using modern agile 
     acquisition methods.
       (b) Streamlined Processes.--Software development activities 
     identified under subsection (a) shall be developed without 
     incorporation of the following contract or transaction 
     requirements:
       (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 empowered 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 these positions 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, to 
     include agile concepts.
       (3) Coordination plan for testing and certification 
     organizations.--The program manager shall ensure resources 
     for test and certification organizations support of iterative 
     development processes.
       (d) Plan.--The Secretary of Defense or designee shall 
     develop a plan for each selected activity under the pilot to 
     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.
       (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 3 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 3 months or less from award; and
       (4) follow-on delivery of iterative development cycles no 
     longer than 4 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) Data Rights.--
       (1) Unclassified software.--
       (A) Department of defense rights.--The Department of 
     Defense shall obtain sufficient data rights for unclassified 
     software so that all custom computer software developed under 
     the pilot activities are managed as open source software.
       (B) Public availability.--The contractor shall publicly 
     develop and release the source code for unclassified custom 
     software in a public repository with a license through which 
     the copyright holder provides the rights to use, study, 
     reuse, modify, enhance, and distribute the software to anyone 
     and for any purpose.
       (2) Other software.--For all other custom software 
     delivered under the pilot activities, the Department of 
     Defense shall obtain sufficient data rights to enable a third 
     party, other than the pilot contractor, to continue 
     development and maintenance activities throughout the program 
     lifecycle.
       (h) 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.
       (i) Consultation.--In executing the software development 
     activities under subsection (a), the Secretary shall--
       (1) use the tools, resources, and expertise of digital and 
     innovation organizations resident in the Department, such as 
     the Defense Innovation Board, the Defense Innovation Unit 
     Experimental, the Defense Science Board, the Defense Business 
     Board, the Defense Digital Services, federally funded 
     research and development centers, research laboratories, and 
     other technical, management, and acquisition experts; and
       (2) use, as appropriate, the digital development and 
     acquisition expertise of the General Services Administration.
       (j) Reports.--
       (1) Software development activity commencement.--
       (A) In general.--Not later than 30 days before the 
     commencement of a software development activity under 
     subsection (a), 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 set forth a description of the pilot 
     activity, including the following information:
       (i) The purpose of the pilot activity.
       (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.
       (k) Agile Acquisition Defined.--In this section, the term 
     ``agile acquisition''--
       (1) means acquisition pursuant to a methodology for 
     delivering multiple, rapid, incremental capabilities to the 
     user for operational use, evaluation, and feedback; 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. 886. USE OF OPEN SOURCE SOFTWARE.

       (a) Open Source Software.--
       (1) In general.--Chapter 137 of title 10, United States 
     Code, is amended by inserting after section 2320 the 
     following new section:

     ``Sec. 2320a. Use of open source software

       ``(a) Software Development.--All unclassified custom-
     developed computer software and related technical data that 
     is not a defense article regulated pursuant to section 38 of 
     the Arms Export Control Act (22 U.S.C. 2778) and that is 
     developed under a contract or other transaction awarded by 
     the Department of Defense on or after the date that is

[[Page S5319]]

     180 days after the date of the enactment of this section 
     shall be managed as open source software unless specifically 
     waived by the service acquisition executive.
       ``(b) Release of Software in Public Repository.--The 
     Secretary of Defense shall require the contractor to release 
     source code and related technical data described under 
     subsection (a) in a public repository approved by the 
     Department of Defense, subject to a license through which the 
     copyright holder provides the rights to use, study, reuse, 
     modify, enhance, and distribute the software to anyone and 
     for any purpose.
       ``(c) Applicability to Existing Software.--The Secretary of 
     Defense shall, where appropriate--
       ``(1) apply open source licenses to existing custom-
     developed computer software; and
       ``(2) release related source code and technical data in a 
     public repository location approved by the Department of 
     Defense.
       ``(d) Definitions.--In this section:
       ``(1) Custom-developed computer software.--The term 
     `custom-developed computer software' means human-readable 
     source code, including segregable portions thereof, that is 
     first produced in the performance of a Department of Defense 
     contract or other transaction, or is otherwise fully funded 
     by the Federal Government.
       ``(2) Technical data.--The term `technical data' has the 
     meaning given the term in section 2302 of this title.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by adding after the item 
     relating to section 2320 the following new item:

``2320a. Use of open source software.''.
       (b) Prize Competition.--The Secretary of Defense shall 
     create a prize for a research and develop program or other 
     activity for identifying, capturing, and storing existing 
     Department of Defense custom-developed computer software and 
     related technical data. The Secretary of Defense shall create 
     an additional prize for improving, repurposing, or reusing 
     software to better support the Department of Defense mission. 
     The prize programs shall be conducted in accordance with 
     section 2374a of title 10, United States Code.
       (c) Reverse Engineering.--The Secretary of Defense shall 
     task the Defense Advanced Research Program Agency with a 
     project to identify methods to locate and reverse engineer 
     Department of Defense custom-developed computer software and 
     related technical data for which source code is unavailable.
       (d) Definitions.--In this section:
       (1) Custom-developed computer software.--The term ``custom-
     developed computer software'' means human-readable source 
     code, including segregable portions thereof, that is first 
     produced in the performance of a Department of Defense 
     contract or other transaction, or is otherwise fully funded 
     by the Federal Government.
       (2) Technical data.--The term ``technical data'' has the 
     meaning given the term in section 2302 of title 10, United 
     States Code.
       (e) Regulations.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     amend the Defense Federal Acquisition Regulation Supplement 
     to carry out this section and the amendments made by this 
     section.

                       Subtitle J--Other Matters

     SEC. 891. IMPROVED TRANSPARENCY AND OVERSIGHT OVER DEPARTMENT 
                   OF DEFENSE RESEARCH, DEVELOPMENT, TEST, AND 
                   EVALUATION EFFORTS AND PROCUREMENT ACTIVITIES 
                   RELATED TO MEDICAL RESEARCH.

       The Secretary of Defense may not enter into a contract, 
     grant, or cooperative agreement for congressional special 
     interest medical research programs under the congressionally 
     directed medical research program of the Department of 
     Defense unless the contract, grant, or cooperative agreement 
     meets the following conditions:
       (1) Compliance with the cost and price data requirements 
     under section 2306a of title 10, United States Code.
       (2) Compliance with the cost accounting standards under 
     section 1502 of title 41, United States Code.
       (3) Compliance with requirements for full and open 
     competition under section 2304 of title 10, United States 
     Code, without reliance on one of the exceptions set forth in 
     subsection (c) of such section.

     SEC. 892. RIGHTS IN TECHNICAL DATA RELATED TO MEDICAL 
                   RESEARCH.

       The Secretary of Defense may not enter into a contract, 
     grant, or cooperative agreement for congressional special 
     interest medical research programs under the congressionally 
     directed medical research program of the Department of 
     Defense unless the contract, grant, or cooperative agreement 
     provides that the United States Government will have the same 
     rights to the technical data to an item or process developed 
     under the contract, grant, or cooperative agreement as 
     applicable under section 2320(a)(2)(A) of title 10, United 
     States Code, to items and processes developed exclusively 
     with Federal funds where the medical research results in 
     medicines and other treatments that will be procured or 
     otherwise paid for by the Federal Government through the 
     Department of Defense, the Department of Veterans Affairs, 
     Medicare, Medicaid, or other Federal Government health 
     programs.

     SEC. 893. OVERSIGHT, AUDIT, AND CERTIFICATION FROM THE 
                   DEFENSE CONTRACT AUDIT AGENCY FOR PROCUREMENT 
                   ACTIVITIES RELATED TO MEDICAL RESEARCH.

       The Secretary of Defense may not enter into a contract, 
     grant, or cooperative agreement for congressional special 
     interest medical research programs under the congressionally 
     directed medical research program of the Department of 
     Defense unless the contract, grant, or cooperative agreement 
     meets the following conditions:
       (1) Prior to obligation of any funds, review by and 
     certification from the Defense Contract Audit Agency 
     regarding the adequacy of the accounting systems of the 
     proposed awardee, including a forward pricing review of the 
     awardee's proposal.
       (2) Prior to any payment on the contract, grant, or 
     cooperative agreement, performance by the Defense Contract 
     Audit Agency of an incurred cost audit.

     SEC. 894. REQUIREMENTS FOR DEFENSE CONTRACT AUDIT AGENCY 
                   REPORT.

       Subparagraph (E) of section 2313a(a)(2) of title 10, United 
     States Code, is amended to read as follows:
       ``(E) the total number and dollar value of audits that are 
     pending for a period longer than 18 months as of the end of 
     the fiscal year covered by the report, including a breakdown 
     by type of audit;''.

     SEC. 895. 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 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.

     SEC. 896. PILOT PROGRAM FOR ADOPTION OF ACQUISITION STRATEGY 
                   FOR DEFENSE BASE ACT INSURANCE.

       (a) In General.--The Secretary of Defense shall establish a 
     pilot program for the United States Army Corps of Engineers 
     (USACE) for purposes of adopting an acquisition strategy for 
     insurance required by the Defense Base Act (42 U.S.C. 1651 et 
     seq.) in order to minimize the cost of such insurance to the 
     Department of Defense.
       (b) Criteria.--The pilot program acquisition strategy 
     developed pursuant to subsection (a) shall address the 
     following criteria:
       (1) Minimize overhead costs associated with obtaining 
     insurance required by the Defense Base Act, such as direct or 
     indirect costs for contract management and contract 
     administration.
       (2) Minimize costs for coverage of such insurance 
     consistent with realistic assumptions regarding the 
     likelihood of incurred claims by contractors of the 
     Department and USACE.
       (3) Provide for a correlation of premiums paid in relation 
     to claims incurred that is modeled on best practices in 
     government and industry for similar kinds of insurance.
       (4) Provide for a competitive marketplace for insurance 
     required by the Defense Base Act to the maximum extent 
     practicable.
       (c) Single Contract.--
       (1) In general.--In adopting the pilot program acquisition 
     strategy pursuant to subsection (a), the Secretary shall 
     enter into a single Defense Base Act insurance contract for 
     USACE for contracts involving performance in all theaters, 
     and potentially including combat operations.
       (2) Scope.--The contract shall extend to all categories of 
     insurance coverage, including construction, aviation, 
     security, and services contracts.
       (3) Term.--The contract entered into under this subsection 
     shall be in effect for at least 3 years, or as considered 
     appropriate by the Secretary.
       (d) Report.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act,

[[Page S5320]]

     the Secretary shall submit to the congressional defense 
     committees a report on the pilot program and the acquisition 
     strategy adopted pursuant to subsection (a).
       (2) Elements.--The report required under paragraph (1) 
     shall include--
       (A) a discussion of each of the options considered and the 
     extent to which each option addresses the criteria identified 
     under subsection (b); and
       (B) a plan to implement within 18 months after the date of 
     enactment of this Act the acquisition strategy adopted by the 
     Secretary.
       (e) Review and Renewal of Pilot Program and Acquisition 
     Strategy.--The Secretary shall review the pilot program and 
     may renew the program, provided that the objectives have been 
     reached.

     SEC. 897. PHASE III AWARDS.

       Section 9(r)(4) of the Small Business Act (15 U.S.C. 
     638(r)(4)) is amended by striking ``shall issue Phase III 
     awards'' and inserting the following: ``shall--
       ``(A) consider an award under the SBIR program or the STTR 
     program to satisfy the requirements under section 2304 of 
     title 10, United States Code, and any other applicable 
     competition requirements; and
       ``(B) issue, without further justification, Phase III 
     awards''.

     SEC. 898. PILOT PROGRAM FOR STREAMLINED TECHNOLOGY TRANSITION 
                   FROM THE SBIR AND STTR PROGRAMS OF THE 
                   DEPARTMENT OF DEFENSE.

       (a) Definitions.--In this section--
       (1) the terms ``commercialization'', ``Federal agency'', 
     ``Phase I'', ``Phase II'', ``Phase III'', ``SBIR'', and 
     ``STTR'' have the meanings given those terms in section 9(e) 
     of the Small Business Act (15 U.S.C. 638(e));
       (2) the term ``covered small business concern'' means--
       (A) a small business concern that completed a Phase II 
     award under the SBIR or STTR program of the Department; or
       (B) a small business concern that--
       (i) completed a Phase I award under the SBIR or STTR 
     program of the Department; and
       (ii) a contracting officer for the Department recommends 
     for inclusion in a multiple award contract described in 
     subsection (b);
       (3) the term ``Department'' means the Department of 
     Defense;
       (4) the term ``multiple award contract'' has the meaning 
     given the term in section 3302(a) of title 41, United States 
     Code;
       (5) the term ``pilot program'' means the pilot program 
     established under subsection (b); and
       (6) the term ``small business concern'' has the meaning 
     given the term in section 3 of the Small Business Act (15 
     U.S.C. 632).
       (b) Establishment.--Not later than 180 days after the date 
     of enactment of this Act, the Secretary of Defense shall 
     establish a pilot program under which the Department shall 
     award multiple award contracts to covered small business 
     concerns for the purchase of technologies, supplies, or 
     services that the covered small business concern has 
     developed through the SBIR or STTR program.
       (c) Waiver of Competition in Contracting Act 
     Requirements.--The Secretary of Defense may establish 
     procedures to waive provisions of section 2304 of title 10, 
     United States Code, for purposes of carrying out the pilot 
     program.
       (d) Use of Contract Vehicle.--A multiple award contract 
     described in subsection (b) may be used by any service or 
     component of the Department.
       (e) Termination.--The pilot program established under this 
     section shall terminate on September 30, 2023.
       (f) Rule of Construction.--Nothing in this section shall be 
     construed to prevent the commercialization of products and 
     services produced by a small business concern under an SBIR 
     or STTR program of a Federal agency through--
       (1) direct awards for Phase III of an SBIR or STTR program; 
     or
       (2) any other contract vehicle.

     SEC. 899. ANNUAL REPORT ON LIMITATION OF SUBCONTRACTOR 
                   INTELLECTUAL PROPERTY RIGHTS.

       Not later than 180 days after the date of the enactment of 
     this Act, and annually thereafter for five years, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a report listing all contracts entered 
     into during the previous fiscal year using procedures under 
     part 15 of the Federal Acquisition Regulation where the prime 
     contractor limited the intellectual property rights of one or 
     more subcontractors without being required to do so by the 
     United States Government.

     SEC. 899A. EXTENSION FROM 20 TO 30 YEARS OF MAXIMUM TOTAL 
                   PERIOD FOR DEPARTMENT OF DEFENSE CONTRACTS FOR 
                   STORAGE, HANDLING, OR DISTRIBUTION OF LIQUID 
                   FUELS AND NATURAL GAS.

       (a) Extension.--Section 2922(b) of title 10, United States 
     Code, is amended by striking ``a total of 20 years'' and 
     inserting ``a total of 30 years''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on October 1, 2027, and shall apply with 
     respect to contracts entered into on or after such date.

     SEC. 899B. EXCEPTION FOR DEPARTMENT OF DEFENSE CONTRACTS FROM 
                   REQUIREMENT THAT BUSINESS OPERATIONS CONDUCTED 
                   UNDER GOVERNMENT CONTRACTS ACCEPT AND DISPENSE 
                   $1 COINS.

       Section 5112(p)(1) of title 31, United States Code, is 
     amended by inserting ``, with the exception of business 
     operations conducted by any entity under a contract with the 
     Department of Defense,'' before ``shall take such action''.

     SEC. 899C. INVESTING IN RURAL SMALL BUSINESSES.

       (a) Flexibility for Residency in HUBZones.--Section 
     3(p)(5)(A)(i)(I) of the Small Business Act (15 U.S.C. 
     632(p)(5)(A)(i)(I)) is amended by striking ``35 percent'' 
     each place that term appears and inserting ``33 percent''.
       (b) Enabling Local Communities to Maximize Economic 
     Potential.--The Small Business Act (15 U.S.C. 631 et seq.) is 
     amended--
       (1) in section 3(p)(1) (15 U.S.C. 632(p)(1))--
       (A) in subparagraph (E), by striking ``or'' at the end;
       (B) by redesignating subparagraph (F) as subparagraph (G); 
     and
       (C) by inserting after subparagraph (E) the following:
       ``(F) another qualified area designated by the 
     Administrator under section 31(d); or''; and
       (2) in section 31 (15 U.S.C. 657a)--
       (A) by redesignating subsection (d) as subsection (e); and
       (B) by inserting after subsection (c) the following:
       ``(d) Other Qualified Areas.--
       ``(1) Definitions.--In this subsection--
       ``(A) the term `covered area' means an area in a State--
       ``(i) that is located outside of an urbanized area, as 
     determined by the Bureau of the Census; and
       ``(ii) with a population of not more than 50,000;
       ``(B) the term `governor' means the chief executive of a 
     State; and
       ``(C) the term `State' means each of the several States, 
     the District of Columbia, the Commonwealth of Puerto Rico, 
     the Virgin Islands, Guam, the Commonwealth of the Northern 
     Mariana Islands, and American Samoa.
       ``(2) Designation.--A governor may petition the 
     Administrator to designate one or more covered areas as a 
     HUBZone if the average unemployment rate of each covered area 
     is not less than 120 percent of the average unemployment rate 
     of the United States or of the State in which the covered 
     area is located, whichever is less, based on the most recent 
     data available from the American Community Survey conducted 
     by the Bureau of the Census.
       ``(3) Criteria.--In reviewing a petition submitted by a 
     governor under paragraph (2), the Administrator may 
     consider--
       ``(A) the potential for job creation and investment;
       ``(B) the demonstrated interest of small business concerns 
     in the covered area to participate in the HUBZone program 
     established under section 31; and
       ``(C) the consideration by State and local government 
     officials of a HUBZone as part of an economic development 
     strategy.
       ``(4) Petition.--With respect to a petition submitted by a 
     governor to the Administrator under paragraph (2)--
       ``(A) the governor may submit not more than 1 petition in a 
     fiscal year unless the Administrator determines that an 
     additional petition from the State of the governor is 
     appropriate;
       ``(B) the governor may not submit a petition for more than 
     10 percent of the total number of covered areas in the State 
     of the governor; and
       ``(C) if the Administrator grants the petition and 
     designates one or more covered areas as a HUBZone, the 
     governor shall, not less frequently than annually, submit 
     data to the Administrator certifying that each covered area 
     continues to meet the requirements of clauses (i) and (ii) of 
     paragraph (1)(A).
       ``(5) Process.--The Administrator shall establish 
     procedures--
       ``(A) to ensure that the Administration accepts petitions 
     under paragraph (2) from all States each fiscal year; and
       ``(B) to provide technical assistance, before the filing of 
     a petition under paragraph (2), to a governor who is 
     interested in filing such a petition.''.
       (c) Ensuring Timely Consideration of HUBZone 
     Applications.--Section 3(p)(5) of the Small Business Act (15 
     U.S.C. 632(p)(5)) is amended by adding at the end the 
     following:
       ``(C) Review of applications.--Not later than 60 days after 
     the date on which the Administrator receives an application 
     from a small business concern to be certified as a qualified 
     HUBZone small business concern under subparagraph (A)(i), the 
     Administrator shall approve or deny the application.''.

      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

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

     SEC. 901. CHIEF MANAGEMENT OFFICER OF THE DEPARTMENT OF 
                   DEFENSE.

       (a) Chief Management Officer.--
       (1) 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.--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. The Chief Management Officer shall be appointed from 
     among persons who have an extensive management or business 
     background and experience with

[[Page S5321]]

     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, the Chief 
     Management Officer shall perform such duties and exercise 
     such powers as the Secretary may prescribe, including--
       ``(1) serving as the chief management officer of the 
     Department of Defense with the mission of managing the 
     business operations of the Department;
       ``(2) serving as the principal advisor to the Secretary on 
     establishing policies for, and directing, all business 
     operations of the Department, including business 
     transformation, business planning and processes, performance 
     management, and business information technology management 
     and improvement activities and programs, including the 
     allocation of resources for business 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 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) 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 
     Warfare Officer 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; 
     and
       ``(6) the 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.''.
       (2) Clerical amendment.--Effective February 1, 2018, the 
     table of sections at the beginning of chapter 4 of such title 
     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 CMO.--
       (1) 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.
       (2) 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) 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--
       (1) section 131(b) of title 10, United States Code, is 
     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) 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, 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) 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) Report on Defense Agencies and Field Activities 
     Providing Shared Business Services.--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 for 
     purposes of subsection (b)(3) of section 132a of title 10, 
     United States Code (as so amended), as of the coming into 
     effect of such section 132a
       (g) Notice to Congress on Transfer of Oversight of Defense 
     Agencies and Field Activities With Business-support Functions 
     to CMO.--Upon the transfer of responsibility for oversight of 
     a Defense Agency or Department of Defense Field Activity 
     specified in subsection (c) of section 132a of title 10, 
     United States Code (as so amended), to the Chief Management 
     Officer of the Department of Defense, the Secretary of 
     Defense shall submit to the congressional defense committees 
     a notice on 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.

     SEC. 902. REALIGNMENT OF RESPONSIBILITIES, DUTIES, AND POWERS 
                   OF CHIEF INFORMATION OFFICER OF THE DEPARTMENT 
                   OF DEFENSE.

       (a) In General.--Effective on January 1, 2019, the 
     responsibilities, duties, and powers vested in the Chief 
     Information Officer of the Department of Defense as of 
     December 31, 2018, are realigned as follows:
       (1) There is vested in the Chief Information Warfare 
     Officer of the Department of Defense the responsibilities, 
     duties, and powers provided for by section 142 of title 10, 
     United States Code (as amended by subsection (b)).
       (2) There is vested in the Chief Management Officer of the 
     Department of Defense any responsibilities, duties, and 
     powers vested in the Chief Information Officer of the 
     Department of Defense as of December 31, 2018, that are not 
     vested in the Chief Information Warfare Officer by paragraph 
     (1) and such section 142.
       (b) Chief Information Warfare Officer.--
       (1) In general.--Section 142 of title 10, United States 
     Code, is amended to read as follows:

     ``Sec. 142. Chief Information Warfare Officer

       ``(a) In General.--(1) There is a Chief Information Warfare 
     Officer of the Department of Defense, who shall be appointed 
     from among civilians who are qualified to serve as the Chief 
     Information Warfare Officer by the President, by and with the 
     advice and consent of the Senate.
       ``(2) The Chief Information Warfare Officer shall report 
     directly to the Secretary of Defense in the performance of 
     duties under this section.
       ``(b) Responsibility and Authority.--(1) Subject to the 
     authority, direction, and control of the Secretary of 
     Defense, the Chief Information Warfare Officer is responsible 
     for all matters relating to the information environment of 
     the Department of Defense and has the authority to establish 
     policy for, and direct the Secretaries of the military 
     departments and the heads of all other elements of the 
     Department relating to, the matters as follow:
       ``(A) Space and space launch systems.
       ``(B) Communications networks and information technology 
     (other than business systems).
       ``(C) National security systems.
       ``(D) Information assurance and cybersecurity.
       ``(E) Electronic warfare and cyber warfare.
       ``(F) Nuclear command and control and senior leadership 
     communications systems.
       ``(G) Command and control systems and networks.
       ``(H) The electromagnetic spectrum.
       ``(I) Positioning, navigation, and timing.
       ``(J) Any other matters assigned to the Chief Information 
     Officer of the Department of Defense, not relating to 
     business systems or management, in sections 2223 and 2224 of 
     this title, sections 11315 and 11319 of title 40, and 
     sections 3506 and 3544 of title 44.
       ``(2) In addition to the responsibilities in paragraph (1), 
     the responsibilities of the Chief Information Warfare Officer 
     include--
       ``(A) exercising authority, direction, and control over the 
     missions, programs, and organizational elements pertaining to 
     information assurance (formally Information Assurance 
     Directorate) of the National Security Agency;
       ``(B) exercising authority, direction, and control over the 
     Defense Information Systems Agency, or any successor 
     organization, for the matters described in paragraph (1); and
       ``(C) responsibilities for policy, oversight, guidance, and 
     coordination for all Department matters relating to the 
     electromagnetic spectrum, including--

[[Page S5322]]

       ``(i) coordination with other Federal agencies and the 
     private sector;
       ``(ii) coordination for classified programs; and
       ``(iii) in coordination with the Under Secretary for 
     Personnel and Health, the spectrum management workforce.
       ``(3) Notwithstanding the exemptions for the Department of 
     Defense in section 11319 of title 40, the authority of the 
     Chief Information Warfare Officer to direct the secretaries 
     of the military departments for information warfare matters 
     as provided in paragraph (1) shall include--
       ``(A) playing a significant and directive role in the 
     decision processes for all annual and multi-year planning, 
     programming, budgeting, and execution decisions, including 
     the authority to realign the elements of the budgets and 
     budget requests of the military departments that pertain to 
     the responsibilities of the Chief Information Warfare 
     Officer;
       ``(B) reviewing and approving any funding request or 
     reprogramming request;
       ``(C) ensuring that the military departments comply with 
     Government and Department standards on a matter described in 
     paragraph (1) or (2);
       ``(D) reviewing and approving the appointment of any other 
     employee who functions in the capacity of a Chief Information 
     Officer or a Chief Information Warfare Officer for any 
     component within the Department, except for the Chief 
     Management Officer of the Department of Defense; and
       ``(E) participating in all meetings, management, and 
     decision-making forums on issues pertaining to any matter 
     described in paragraph (1) or (2).
       ``(4) The Chief Information Warfare Officer shall oversee 
     and may require that programs of the military departments 
     comply with such direction and standards as the Chief 
     Information Warfare Officer may establish relating to a 
     matter described in paragraph (1) or (2).
       ``(5) The Chief Information Warfare Officer shall perform 
     such additional duties and exercise such additional powers as 
     the Secretary may prescribe.
       ``(c) Chief Information Officer for Certain Purposes.--The 
     Chief Information Warfare Officer--
       ``(1) is the Chief Information Officer of the Department of 
     Defense for purposes of 3554(a)(3) of title 44 and section 
     2224 of this title; and
       ``(2) in coordination with the Chief Management Officer of 
     the Department of Defense, is the Chief Information Officer 
     of the Department of Defense for purposes of section 11315 of 
     title 40 and section 2223 of this title.
       ``(d) Principal Cyber Advisor.--In addition to any other 
     duties under this section, the Chief Information Warfare 
     Officer shall serve as Principal Cyber Advisor under section 
     932(c) of the National Defense Authorization Act for Fiscal 
     Year 2014 (10 U.S.C. 2224 note).
       ``(e) Principal Department of Defense Space Advisor.--In 
     addition to any other duties under this section, the Chief 
     Information Warfare Officer shall perform the duties of the 
     Principal Department of Defense Space Advisor in accordance 
     with Department of Defense Directive 5100.96 and any 
     succeeding directive.
       ``(f) Collaborative Mechanisms.--(1) The Secretary of 
     Defense shall establish collaboration mechanisms between the 
     Chief Information Warfare Officer and the Under Secretary of 
     Defense for Intelligence, the Under Secretary of Defense for 
     Policy, the Chairman of the Joint Chiefs of Staff, and the 
     Assistant Secretary of Defense for Public Affairs for 
     purposes of developing and overseeing the execution of 
     offensive and defensive information warfare strategies, 
     plans, programs, and operations.
       ``(2) The strategies, plans, programs and operations shall 
     appropriately integrate cyber, electronic, and 
     electromagnetic spectrum warfare, military deception, 
     military information support operations, and public affairs 
     to conduct, counter, and deter information warfare
       ``(g) Precedence in DoD.--(1) The Chief Information Warfare 
     Officer shall take precedence in the Department of Defense 
     with the officials serving in positions specified in section 
     131(b)(2) of this title.
       ``(2) The officials serving in positions specified in such 
     section and the Chief Information Warfare Officer take 
     precedence among themselves in the order prescribed by the 
     Secretary.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 4 of such title is amended by striking 
     the item relating to section 142 and inserting the following 
     new item:

``142. Chief Information Warfare Officer.''.
       (3) Executive schedule level ii.--Section 5313 of title 5, 
     United States Code, is amended by inserting after the item 
     relating to the Deputy Secretary of Defense the following new 
     item:
       ``Chief Information Warfare Officer of the Department of 
     Defense.''.
       (4) References.--Any reference to the Chief Information 
     Officer of the Department of Defense in any law, regulation, 
     map, document, record, or other paper of the United States in 
     that official's capacity as the official responsible for the 
     information security and information dominance of the 
     Department of Defense shall be deemed to be a reference to 
     Chief Information Warfare Officer of the Department of 
     Defense.
       (5) Principal cyber advisor.--Paragraph (1) of section 
     932(c) of the National Defense Authorization Act for Fiscal 
     Year 2014 (Public Law 113-66; 127 Stat. 829; 10 U.S.C. 2224 
     note) is amended to read as follows:
       ``(1) In general.--The Chief Information Warfare Officer of 
     the Department of Defense under section 142 of title 10, 
     United States Code, shall serve as the Principal Cyber 
     Advisor to act as the principal advisor to the Secretary on 
     military cyber forces and activities.''.
       (6) Standards for networks.--A military department may not 
     develop or procure a network that does not fully comply with 
     such standards as the Chief Information Warfare Officer under 
     section 142 of title 10, United States Code (as amended by 
     paragraph (1)), may establish relating to a matter described 
     in subsection (b) of such section.
       (7) 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 required 
     by section 142 of title 10, United States Code (as so 
     amended), as the Secretary considers appropriate, together 
     with an implementation plan for such proposal. The proposal 
     may not be carried out unless approved by statute.
       (8) Quarterly briefing on implementation.--Not later than 
     January 30, 2018, and every 90 days thereafter through 
     January 1, 2019, the Secretary shall provide to the 
     congressional defense committees a briefing on the status of 
     the implementation of the Chief Information Warfare Officer 
     of the Department of Defense under section 142 of title 10, 
     United States Code (as so amended), during the preceding 90 
     days.
       (9) Effective date.--
       (A) In general.--Except as provided in subparagraph (B), 
     this subsection and the amendments made by this subsection 
     shall take effect on January 1, 2019.
       (B) Interim matters.--Paragraphs (7) and (8) of this 
     subsection shall take effect on the date of the enactment of 
     this Act.

     SEC. 903. 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), subsection (b)(6) of section 133b of 
     title 10, United States Code, as added by such section 
     901(b), is amended by striking ``supervisory authority'' and 
     inserting ``advisory authority''.

     SEC. 904. EXECUTIVE SCHEDULE MATTERS RELATING TO UNDER 
                   SECRETARY OF DEFENSE FOR ACQUISITION AND 
                   SUSTAINMENT.

       (a) Inapplicability of Pending Amendment.--The amendment to 
     be made by section 901(h) of the National Defense 
     Authorization Act for Fiscal Year 2017 (Public Law 114-328; 
     130 Stat. 2342) with regard to the Under Secretary of Defense 
     for Acquisition and Sustainment shall not be made.
       (b) 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:
       ``Under Secretary of Defense for Acquisition and 
     Sustainment.''.

     SEC. 905. TECHNICAL AMENDMENT.

       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--
       (1) by striking ``Research and Engineering.--'' and all 
     that follows through ``Effective on February 1, 2018'' and 
     inserting ``Research and Engineering.--Effective on February 
     1, 2018''; and
       (2) by striking paragraph (2).

     SEC. 906. REDESIGNATION OF UNDER SECRETARY OF DEFENSE FOR 
                   PERSONNEL AND READINESS AS UNDER SECRETARY OF 
                   DEFENSE FOR PERSONNEL AND HEALTH.

       (a) Redesignation.--
       (1) In general.--Section 136 of title 10, United States 
     Code, is amended by striking ``and Readiness'' each place it 
     appears and inserting ``and Health''.
       (2) Heading amendment.--The heading of such section is 
     amended to read as follows:

     ``Sec. 136. Under Secretary of Defense for Personnel and 
       Health''.

       (3) Clerical amendment.--The table of sections at the 
     beginning of chapter 4 of such title is amended by striking 
     the item relating to section 136 and inserting the following 
     new item:

``136. Under Secretary of Defense for Personnel and Health.''.
       (b) Conforming Amendments.--
       (1) Title 10.--
       (A) Subparagraph (D) of section 131(b)(2) of title 10, 
     United States Code, is amended to read as follows:
       ``(D) The Under Secretary of Defense for Personnel and 
     Health.''.
       (B) Section 137(c) of such title is amended by striking 
     ``and Readiness'' and inserting ``and Health''.
       (2) Executive schedule level iii.--Section 5314 of title 5, 
     United States Code, is amended by striking the item relating 
     to the Under Secretary of Defense for Personnel and Readiness 
     and inserting the following new item:

[[Page S5323]]

     ``Under Secretary of Defense for Personnel and Health.''.
       (c) References.--Any reference to the Under Secretary of 
     Defense for Personnel and Readiness in any law, regulation, 
     map, document, record, or other paper of the United States 
     shall be deemed to be a reference to the Under Secretary of 
     Defense for Personnel and Health.

     SEC. 907. 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.--Subsection (a) of 
     section 135 of title 10, United States Code, is amended--
       (A) by inserting ``(1)'' after ``(a)''; and
       (B) by adding at the end the following new paragraph:
       ``(2)(A) Any individual appointed as Under Secretary of 
     Defense (Comptroller) shall be an individual who--
       ``(i) has significant financial management service in--
       ``(I) a Federal or State agency that received an audit with 
     an unqualified opinion on such agency's financial statements 
     during the time of such individual's service; or
       ``(II) a public company that received an audit with an 
     unqualified opinion on such company's financial statements 
     during the time of such individual's service; or
       ``(ii) has served as chief financial officer, deputy chief 
     financial officer, or an equivalent executive-level position 
     with direct authority for financial management in a large 
     public or private sector organization.
       ``(B) In this paragraph, the term `public company' has the 
     meaning given the term `issuer' in section 2(7) of the 
     Sarbanes-Oxley Act of 2002 (15 U.S.C. 7201(7)).''.
       (2) Duties and powers.--Such section is further amended--
       (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) Deputy Chief Financial Officer.--
       (1) Qualification for appointment.--Any individual 
     appointed as Deputy Chief Financial Officer of the Department 
     of Defense shall be an individual who--
       (A) has significant financial management service in--
       (i) a Federal or State agency that received an audit with 
     an unqualified opinion on such agency's financial statements 
     during the time of such individual's service; or
       (ii) a public company that received an audit with an 
     unqualified opinion on such company's financial statements 
     during the time of such individual's service; or
       (B) has served as chief financial officer, deputy chief 
     financial officer, or an equivalent executive-level position 
     with direct authority for financial management in a large 
     public or private sector organization.
       (2) Public company defined.--In this subsection, the term 
     ``public company'' has the meaning given the term ``issuer'' 
     in section 2(7) of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 
     7201(7)).
       (c) Applicability.--This section and the amendments made by 
     this section shall take effect on the date of the enactment 
     of this Act, and shall apply with respect to appointments 
     that are made on or after that date.

     SEC. 908. FIVE-YEAR 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.

       (a) Under Secretary of Defense for Research and 
     Engineering.--Effective on February 1, 2018, and immediately 
     after the coming into effect of the amendments made by 
     subsection (a) of the National Defense Authorization Act for 
     Fiscal Year 2017 (130 Stat. 2339), section 133a(a) of title 
     10, United States Code (as added by such subsection (a)), is 
     amended by striking ``seven years'' and inserting ``five 
     years''.
       (b) Under Secretary of Defense for Acquisition and 
     Sustainment.--Effective on February 1, 2018, and immediately 
     after the coming into effect of the amendments made by 
     subsection (b) of the National Defense Authorization Act for 
     Fiscal Year 2017 (130 Stat. 2340), section 133b(a) of title 
     10, United States Code (as added by such subsection (b)), is 
     amended by striking ``seven years'' and inserting ``five 
     years''.
       (c) Under Secretary of Defense for Policy.--Section 134(a) 
     of title 10, United States Code, is amended by striking 
     ``seven years'' and inserting ``five years''.
       (d) Under Secretary of Defense (Comptroller).--Section 
     135(a) of such title is amended by adding at the end the 
     following new sentence: ``A person may not be appointed as 
     Under Secretary within five years after relief from active 
     duty as a commissioned officer of a regular component of the 
     armed forces.''.
       (e) Under Secretary of Defense for Personnel and Health.--
     Subsection (a) of section 136 of such title, as amended by 
     section 906(a) of this Act, is further amended by adding at 
     the end the following new sentence: ``A person may not be 
     appointed as Under Secretary within five years after relief 
     from active duty as a commissioned officer of a regular 
     component of the armed forces.''.
       (f) Under Secretary of Defense for Intelligence.--Section 
     137(a) of such title is amended by adding at the end the 
     following new sentence: ``A person may not be appointed as 
     Under Secretary within five years after relief from active 
     duty as a commissioned officer of a regular component of the 
     armed forces.''.

     SEC. 909. 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.--Subsection (a)(1) of 
     such section is amended by striking ``five'' and inserting 
     ``six''.
       (c) Replacement of ATL Position With Two Positions in 
     Connection With OSD Reform.--Subsection (c) of such section 
     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) Redesignation of DUSD for Personnel and Readiness as 
     DUSD for Personnel and Health.--Paragraph (4) of subsection 
     (c) of such section, as amended and redesignated by this 
     section, is further amended by striking ``Personnel and 
     Readiness'' and inserting ``Personnel and Health''.
       (e) 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 such title is amended by 
     striking ``Principal''.
       (f) Executive Schedule Level IV.--
       (1) In general.--Section 5315 of title 5, United States 
     Code, is amended--
       (A) by striking ``Principal'' in the items relating to the 
     Principal Deputy Under Secretary of Defense for Policy, the 
     Principal Deputy Under Secretary of Defense (Comptroller), 
     and the Principal Deputy Under Secretary of Defense for 
     Intelligence; and
       (B) by striking the item relating to the Principal Deputy 
     Under Secretary of Defense for Personnel and Readiness and 
     inserting the following new item:
       ``Deputy Under Secretary of Defense for Personnel and 
     Health.''.
       (2) OSD reform.--Section 5315 of such title is further 
     amended by inserting before the item relating to the Deputy 
     Under Secretary of Defense for Policy, as amended by 
     paragraph (1)(A), the following new items:
       ``Deputy Under Secretary of Defense for Research and 
     Engineering.
       ``Deputy Under Secretary of Defense for Acquisition and 
     Sustainment.''.
       (g) Clerical Amendments.--
       (1) Heading amendment.--The heading of section 137a of such 
     title 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 such title is amended by striking 
     the item relating to section 137a and inserting the following 
     new item:

``137a. Deputy Under Secretaries of Defense.''.
       (h) Effective Dates.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall take effect on the date 
     of the enactment of this Act.
       (2) ATL position amendments.--The amendments made by 
     subsections (b), (c), and (f)(2) of this section shall take 
     effect on February 1, 2018, immediately after the coming into 
     effect of the amendments made by subsections (a) and (b) of 
     section 901 of the National Defense Authorization Act for 
     Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2339), to 
     which the amendments made by subsections (b), (c), and (f)(2) 
     of this section relate.

     SEC. 910. REDUCTION OF NUMBER AND ELIMINATION OF SPECIFIC 
                   DESIGNATIONS OF ASSISTANT SECRETARIES OF 
                   DEFENSE.

       (a) Reduction of Authorized Number.--Subsection (a)(1) of 
     section 138 of title 10, United States Code, is amended by 
     striking ``14'' and inserting ``13''.
       (b) Elimination of Certain Specific Designations.--
     Subsection (b) of such section is amended--
       (1) by striking paragraphs (2), (3), and (5); and

[[Page S5324]]

       (2) by redesignating paragraphs (4) and (6) as paragraphs 
     (2) and (3), respectively.

     SEC. 911. 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 46.

     SEC. 912. MODIFICATION OF DEFINITION OF OSD PERSONNEL FOR 
                   PURPOSES OF LIMITATION ON NUMBER OF OFFICE OF 
                   SECRETARY OF DEFENSE PERSONNEL.

       (a) Modification.--
       (1) In general.--Section 143(b) of title 10, United States 
     Code, as amended by section 903(a) of the National Defense 
     Authorization Act for Fiscal Year 2017 (Public Law 114-328), 
     is further amended by striking ``and detailed personnel'' and 
     inserting ``detailed, and contractor personnel''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall take effect on October 1, 2018.
       (b) Report on Number of Contractor Personnel in OSD and 
     Each Secretariate of the Military Departments.--Not later 
     than December 31, 2017, the Secretary of Defense shall submit 
     to the congressional defense committees a report specifying 
     the following:
       (1) The number of contractor personnel in the Office of the 
     Secretary of Defense as of October, 1, 2017.
       (2) The number of contractor personnel in each office of a 
     Secretary of a military department as of October 1, 2017.

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

     SEC. 921. REDUCTION IN AUTHORIZED NUMBER OF ASSISTANT 
                   SECRETARIES OF THE MILITARY DEPARTMENTS.

       (a) Assistant Secretaries of the Army.--Section 3016(a) of 
     title 10, United States Code, is amended by striking ``five'' 
     and inserting ``four''.
       (b) Assistant Secretaries of the Navy.--Section 5016(a) of 
     such title is amended by striking ``four'' and inserting 
     ``three''.
       (c) Assistant Secretaries of the Air Force.--Section 
     8016(a) of such title is amended by striking ``four'' and 
     inserting ``three''.

     SEC. 922. 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)(i) Any individual appointed as Assistant Secretary 
     shall be an individual who--
       ``(I) has significant financial management service in--
       ``(aa) a Federal or State agency that received an audit 
     with an unqualified opinion on such agency's financial 
     statements during the time of such individual's service; or
       ``(bb) a public company that received an audit with an 
     unqualified opinion on such company's financial statements 
     during the time of such individual's service; or
       ``(II) has served as chief financial officer, deputy chief 
     financial officer, or an equivalent executive-level position 
     with direct authority for financial management in a large 
     public or private sector organization.
       ``(ii) In this subparagraph, the term `public company' has 
     the meaning given the term `issuer' in section 2(7) of the 
     Sarbanes-Oxley Act of 2002 (15 U.S.C. 7201(7)).''.
       (b) Assistant Secretary of the Navy.--Section 5016(b)(3) of 
     such title 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)(i) Any individual appointed as Assistant Secretary 
     shall be an individual who--
       ``(I) has significant financial management service in--
       ``(aa) a Federal or State agency that received an audit 
     with an unqualified opinion on such agency's financial 
     statements during the time of such individual's service; or
       ``(bb) a public company that received an audit with an 
     unqualified opinion on such company's financial statements 
     during the time of such individual's service; or
       ``(II) has served as chief financial officer, deputy chief 
     financial officer, or an equivalent executive-level position 
     with direct authority for financial management in a large 
     public or private sector organization.
       ``(ii) In this subparagraph, the term `public company' has 
     the meaning given the term `issuer' in section 2(7) of the 
     Sarbanes-Oxley Act of 2002 (15 U.S.C. 7201(7)).''.
       (c) Assistant Secretary of the Air Force.--Section 
     8016(b)(3) of such title 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)(i) Any individual appointed as Assistant Secretary 
     shall be an individual who--
       ``(I) has significant financial management service in--
       ``(aa) a Federal or State agency that received an audit 
     with an unqualified opinion on such agency's financial 
     statements during the time of such individual's service; or
       ``(bb) a public company that received an audit with an 
     unqualified opinion on such company's financial statements 
     during the time of such individual's service; or
       ``(II) has served as chief financial officer, deputy chief 
     financial officer, or an equivalent executive-level position 
     with direct authority for financial management in a large 
     public or private sector organization.
       ``(ii) In this subparagraph, the term `public company' has 
     the meaning given the term `issuer' in section 2(7) of the 
     Sarbanes-Oxley Act of 2002 (15 U.S.C. 7201(7)).''.
       (d) Applicability.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act, 
     and shall apply with respect to appointments that are made on 
     or after that date.

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

     SEC. 931. REDUCTION IN LIMITATION ON NUMBER OF DEPARTMENT OF 
                   DEFENSE SES POSITIONS.

       Section 1109(a)(1) of the National Defense Authorization 
     Act for Fiscal Year 2017 (Public Law 114-328) is amended by 
     striking ``1,260'' and inserting ``1,140''.

     SEC. 932. MANNER OF CARRYING OUT 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) is amended by adding at the end the 
     following new paragraph:
       ``(5) Manner of carrying out reductions.--Reductions in 
     major Department of Defense headquarters activities pursuant 
     to the headquarters reduction plan referred to in paragraph 
     (1), as modified pursuant to that paragraph, shall be carried 
     out after a consideration of the current manpower levels, 
     historic manpower levels, mission requirements, and 
     anticipated staffing needs of such headquarters activities 
     necessary to meet national defense objectives. Further, the 
     plan required by subsection (a) shall be modified to take 
     into account the requirement in the preceding sentence.''.

     SEC. 933. 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 932 of this Act, is 
     further amended by adding at the end the following new 
     paragraph:
       ``(6) Certifications on cost savings achieved.--Not later 
     than 60 days after close of each of fiscal years 2017 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 
     fiscal year concerned.
       ``(B) Whether the cost savings achieved for each major 
     Department of Defense headquarters activity during the fiscal 
     year concerned met the savings objective for such activity 
     for such fiscal year, as established pursuant to paragraph 
     (1).''.

     SEC. 934. DIRECT HIRE AUTHORITY FOR THE DEPARTMENT OF DEFENSE 
                   FOR PERSONNEL TO ASSIST IN BUSINESS 
                   TRANSFORMATION AND MANAGEMENT INNOVATION.

       (a) Authority.--The Secretary of Defense may appoint in the 
     Department of Defense individuals described in subsection (b) 
     without regard to the provisions of subchapter I of chapter 
     33 of title 5, United States Code, for the purpose of 
     assisting and facilitating the efforts of the Department in 
     business transformation and management innovation.
       (b) Covered Individuals.--The individuals described in this 
     subsection are individuals who have all of the following:
       (1) A management or business background.
       (2) Experience working with large or complex organizations.
       (3) Expertise in management and organizational change, data 
     analytics, or business process design.
       (c) Limitation on Number.--The number of individuals 
     appointed pursuant to this section at any one time may not 
     exceed 25 individuals.
       (d) Nature of Appointment.--Any appointment under this 
     section shall be on a term basis. The term of any such 
     appointment shall be specified by the Secretary at the time 
     of the appointment.

     SEC. 935. DATA ANALYTICS CAPABILITY FOR SUPPORT OF ENHANCED 
                   OVERSIGHT AND MANAGEMENT OF THE DEFENSE 
                   AGENCIES AND DEPARTMENT OF DEFENSE FIELD 
                   ACTIVITIES.

       (a) Data Analytics Capability Required.--
       (1) In general.--By not later than September 30, 2020, the 
     Deputy 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

[[Page S5325]]

     oversight and management of the Defense Agencies and 
     Department of Defense Field Activities.
       (2) Discharge through successor position.--If the position 
     of Deputy Chief Management Officer of the Department of 
     Defense is succeeded by another position in the Department, 
     the duties of the Deputy Chief Management Officer under this 
     section shall be discharged by the occupant of such 
     succeeding position.
       (b) Elements.--The data analytics capability shall permit 
     the following:
       (1) The maintenance on a continuing basis of an accurate 
     tabulation of the amounts being expended by the Defense 
     Agencies and Department of Defense Field Activities on their 
     personnel.
       (2) The maintenance on a continuing basis of an accurate 
     number of the personnel currently supporting the Defense 
     Agencies and Field Activities, including the following:
       (A) Members of the regular components of the Armed Forces.
       (B) Members of the reserve components of the Armed Forces.
       (C) Civilian employees of the Department of Defense.
       (D) Employees of contractors of the Department, including 
     federally funded research and development centers.
       (E) Detailees, whether from another organization or element 
     of the Department or from another department or agency of the 
     Federal Government.
       (3) The maintenance of a continuing basis of the following:
       (A) An identification of the functions being performed by 
     each Defense Agency and Field Activity.
       (B) An accurate tabulation of the amounts being expended by 
     each Defense Agency and Field Activity on its functions.
       (4) The streamlined assembly and analysis of data for 
     purposes of the capability, including through appropriate 
     automated processes.
       (c) Resources.--In establishing the data analytics 
     capability, the Deputy Chief Management Officer may use the 
     following:
       (1) Data and information from each of the Defense Agencies 
     and Department of Defense Field Activities.
       (2) Data and information from the Defense Manpower Data 
     Center (DMDC).
       (3) Subject to the direction and control of the Secretary 
     of Defense, any other resources of the Department the Deputy 
     Chief Management Officer considers appropriate.
       (d) Reports.--
       (1) Interim report.--Not later than one year after the date 
     of the enactment of this Act, the Deputy Chief Management 
     Officer shall submit to the congressional defense committees 
     a report on the progress of the Deputy Chief Management 
     Officer in establishing the data analytics capability. The 
     report shall include the following:
       (A) A description and assessment of the efforts of the 
     Deputy Chief Management Officer through the date of the 
     report to establish the data analytics capability.
       (B) 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.
       (C) Any other matters in connection with the establishment 
     of the data analytics capability that the Deputy Chief 
     Management Officer considers appropriate.
       (2) Final report.--Not later than December 31, 2020, the 
     Deputy Chief Management Officer shall submit to the 
     congressional defense committees a report on the data 
     analytics capability as established pursuant to this section. 
     The report shall include the following:
       (A) A description and assessment of the data analytics 
     capability.
       (B) Any other matters in connection with the data analytics 
     capability that the Deputy Chief Management Officer considers 
     appropriate.

     SEC. 936. ENHANCED USE OF DATA ANALYTICS TO IMPROVE 
                   ACQUISITION PROGRAM OUTCOMES.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Defense shall, 
     acting jointly through the Deputy Chief Management Officer 
     and the Chief Information Officer of the Department of 
     Defense, and in coordination with the Under Secretary of 
     Defense for Acquisition, Technology, and Logistics and the 
     Armed Forces, 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) Activities.--
       (1) In general.--The set of activities established under 
     subsection (a) may include the following:
       (A) Establishment of data analytics capabilities and 
     organizations within the appropriate military service.
       (B) 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.
       (C) Increased use of existing analytical capabilities 
     available to acquisition programs and offices to support 
     improved acquisition outcomes.
       (D) Funding of intramural and extramural research and 
     development activities to develop and implement data 
     analytics capabilities in support of improved acquisition 
     outcomes.
       (E) Publication, to the maximum extent practicable, and in 
     a manner that protects classified and proprietary 
     information, of data collected by the Department related to 
     acquisition program costs and activities for access and 
     analyses by the general public.
       (F) Clarification 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 Under Secretary of Defense for 
     Acquisition, Technology, and Logistics, of a consistent 
     policy as to the role of data analytics in establishing 
     budgets and making milestone decisions for major defense 
     acquisition programs.
       (G) 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.
       (H) Promulgation of guidance to acquisition programs and 
     activities on the efficient use and sharing of data between 
     programs and organizations to improve acquisition program 
     analytics and outcomes.
       (I) Promulgation of guidance on assessing and enhancing 
     quality of data and data analyses to support improved 
     acquisition outcomes.
       (2) Gap analysis of current activities.--The Secretary 
     shall, in coordination with the Armed Forces, identify the 
     current activities, organizations, and groups of personnel 
     that are pursuing tasks similar to those described in 
     paragraph (1) that are being carried out as of the date of 
     the enactment of this Act. The Secretary shall consider such 
     current activities, organizations, and personnel in 
     determining the set of activities to establish pursuant to 
     subsection (a).
       (3) Training and education.--The Secretary shall, acting 
     through the Under Secretary of Defense for Acquisition, 
     Technology, and Logistics, conduct a review of the curriculum 
     taught at the National Defense University, the Defense 
     Acquisition University, and appropriate private sector 
     academic institutions to determine the extent to which the 
     curricula include appropriate courses on data analytics and 
     other evaluation-related methods and their application to 
     defense acquisitions.
       (c) Discharge of Certain Duties.--After January 31, 2018--
       (1) any duties under this section to be discharged by the 
     Deputy Chief Management Officer of the Department of Defense 
     shall be discharged by the Chief Management Officer of the 
     Department of Defense; and
       (2) any duties under this section to be discharged by the 
     Under Secretary of Defense for Acquisition, Technology, and 
     Logistics shall be discharged by the Under Secretary of 
     Defense for Acquisition and Sustainment.

     SEC. 937. PILOT PROGRAMS ON DATA INTEGRATION STRATEGIES FOR 
                   THE DEPARTMENT OF DEFENSE.

       (a) Pilot Programs Required.--The Secretary of Defense 
     shall, acting through the Chief Management Officer of the 
     Department of Defense, carry out pilot programs to develop 
     data integration strategies for the Department of Defense to 
     address high-priority challenges of the Department.
       (b) Scope of Pilot Programs.--The pilot programs required 
     by subsection (a) shall involve data integration strategies 
     to address challenges of the Department with respect to the 
     following:
       (1) The budget of the Department.
       (2) Logistics.
       (3) Personnel security and insider threats.
       (4) At least two other high-priority challenges of the 
     Department identified by the Secretary for purposes of this 
     section.
       (c) Elements.--In developing a data integration strategy to 
     address a challenge of the Department for purposes of a pilot 
     program under this section, the Secretary shall do the 
     following:
       (1) Identify the elements of the Department, and the 
     officials of such elements, to be involved in carrying out 
     the data integration strategy.
       (2) Specify the elements of the data integration strategy.
       (3) Specify the policies of the Department, if any, to be 
     modified or waived in order to facilitate the carrying out of 
     the data integration strategy by enabling timely and 
     continuous sharing of information needed to solve the 
     challenge concerned.
       (d) Report.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary shall submit to the 
     congressional defense committees a report on the pilot 
     programs to be carried out under this section.
       (2) Elements.--The report shall include the following:
       (A) A description of each pilot program, including the 
     challenge of the Department to be addressed by such pilot 
     program and the manner in which the data integration strategy 
     under such pilot program will address the challenge.
       (B) If the carrying out of any pilot program requires 
     legislative action for the waiver or modification of a 
     statutory requirement that prevents or impedes the carrying 
     out of the pilot program, a recommendation for legislative 
     action to waive or modify such statutory requirement.

[[Page S5326]]

  


     SEC. 938. BACKGROUND AND SECURITY INVESTIGATIONS FOR 
                   DEPARTMENT OF DEFENSE PERSONNEL.

       (a) Transition to Discharge by Defense Security Service.--
       (1) In general.--The Secretary of Defense has the authority 
     to conduct security, suitability, and credentialing 
     background investigations. In carrying out such authority, 
     the Secretary may use such authority, or may delegate such 
     authority to another entity. 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 (NBIB) of the 
     Office of Personnel Management to the conduct of such 
     investigations by the Defense Security Service by that 
     deadline.
       (2) Phased transition.--The phased transition required by 
     paragraph (1) 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 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).
       (c) Transfer of Certain Functions Within DoD to DSS.--
       (1) In general.--For purposes of meeting the requirements 
     in subsections (a) and (b), the Secretary of Defense shall 
     transfer the functions, personnel, and associated resources 
     of the organizations specified in paragraph (2) to the 
     Defense Security Service.
       (2) Organizations.--The organizations specified in this 
     paragraph are the following:
       (A) The Consolidated Adjudications Facility.
       (B) The Personnel Security Assurance Division of the 
     Defense Manpower Data Center.
       (C) Other organizations identified by the Secretary for 
     purposes of this subsection.
       (3) Supporting organizations.--In addition to the 
     organizations identified pursuant to (2), 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 Services.
       (C) Other organizations designated by the Secretary for 
     purposes of this paragraph.
       (4) 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, 
     in consultation with the Director of the Office of Personnel 
     Management, 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 described in this paragraph 
     are the following:
       (A) Any personnel security investigations functions 
     transferred by the Secretary to the Director pursuant to 
     section 906 of the National Defense Authorization Act for 
     Fiscal Year 2004 (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) Location within dod.--Any functions transferred to the 
     Department 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 the carrying out of 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, in 
     consultation with the Director of the Office of Personnel 
     Management, conduct a review of the information technology 
     capabilities of the National Background Investigations System 
     (NBIS) 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.
       (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 System as described in paragraph (1)(C), the 
     Secretary shall, in consultation with the Director, 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, in consultation with the 
     Director, carry out such enhancements.
       (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, the Secretary of Defense may use 
     background materials 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 screenings.
       (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 sensitivity designations for contractor personnel in 
     order to determine whether such requirements may be 
     reassessed or modified to reduce the number and range of 
     contractor personnel who are issued security clearances in 
     connection with work under contracts with the Department.
       (2) Guidance.--The Secretary shall issue guidance to 
     program managers, contracting officers, and security 
     personnel of the Department specifying requirements for the 
     review of contractor position sensitivity designations and 
     the number of contractor personnel of the Department who are 
     issued security clearances for the purposes of determining 
     whether the number of such personnel who are issued security 
     clearances should and can be reduced.
       (i) Personnel To Support the Transfer of Functions.--The 
     Secretary of Defense shall authorize the Director of the 
     Defense Security Service to promptly increase personnel for 
     the purpose of beginning the establishment and expansion of 
     investigative capacity to support the phased transfer of 
     investigative functions from the Office of Personnel 
     Management to the Department of Defense under this section. 
     The Director of Cost Analysis and Program Assessment shall 
     advise the Secretary on the size of the initial investigative 
     workforce and the rate of growth of that workforce.
       (j) Briefings and Reports.--
       (1) Report on future periodic reinvestigations, insider 
     threat, and continuous vetting.--Not later than 90 days after 
     the date of the enactment of this Act, the Secretary of 
     Defense shall, in consultation with the Director of National 
     Intelligence and the Director of the Office of Personnel 
     Management, submit to Congress a report that includes the 
     following:
       (A) An assessment of the feasibility and advisability of 
     periodic reinvestigations of backgrounds of Government and 
     contractor personnel with security clearances.
       (B) A plan to provide the Government with an enhanced risk 
     management model which reduces the gaps in coverage 
     perpetuated by the current time-based periodic 
     reinvestigations model, particularly in light of the 
     increasing use of continuous background evaluations of such 
     personnel.
       (C) A plan for expanding continuous background vetting 
     capabilities such as the Installation Matching Engine for 
     Security and Analysis to the broader population, including 
     those at the lowest Tiers and levels of access, which plan 
     shall include details to ensure that all individuals 
     credentialed for physical access to Department of Defense 
     facilities and installations are vetted to the same level of 
     fitness determinations and subject to appropriate continuous 
     vetting.
       (D) A plan to fully integrate and incorporate insider 
     threat data, tools, and capabilities into the new end-to-end 
     vetting processes and supporting information technology 
     established by the Defense Security Service to ensure a 
     holistic and transformational approach to detecting, 
     deterring, and mitigating threats posed by trusted insiders.
       (2) Quarterly briefings.--Not later than the end of each 
     calendar year quarter after the date of the enactment of this 
     Act, the

[[Page S5327]]

     Secretary of Defense shall provide the Committees on Armed 
     Services of the Senate and the House of Representatives a 
     briefing on the progress of the Secretary in carrying out the 
     requirements of this section during such calendar year 
     quarter. Until the backlog of security clearance applications 
     at the National Background Investigations Bureau is 
     eliminated, each quarterly briefing shall also include the 
     current status of the backlog and the resulting mission and 
     resource impact to the Department of Defense and the defense 
     industrial base.
       (3) Annual reports.--Not later than the end of each 
     calendar year after the date of the enactment of this Act, 
     the Secretary shall submit to the committees of Congress 
     referred to in paragraph (2) a report on the following for 
     the calendar year in which such report is to be submitted:
       (A) The status of the Secretary in meeting the requirements 
     in subsections (a), (b), and (c) as of the end of such 
     calendar year.
       (B) The status as of the end of such calendar year of any 
     transfers to be carried out pursuant to subsection (d).
       (C) An assessment of the personnel security capabilities of 
     the Department of Defense as of the end of such calendar 
     year.
       (4) Termination.--No briefing or report is required 
     pursuant to paragraph (2) or (3) after December 31, 2020.

                       Subtitle D--Other Matters

     SEC. 951. TRANSFER OF LEAD OF GUAM OVERSIGHT COUNCIL FROM THE 
                   DEPUTY SECRETARY OF DEFENSE TO THE SECRETARY OF 
                   THE NAVY.

       (a) Transfer.--Section 5013 of title 10, United States 
     Code, is amended by adding at the end the following new 
     subsection:
       ``(h) Until September 30, 2020, the Secretary of the Navy 
     shall lead the Guam Oversight Council and shall be the 
     principal representative of the Department of Defense for 
     coordinating the interagency efforts in matters relating to 
     Guam, including the following executive orders:
       ``(1) Executive Order No. 13299 of May 12, 2003 (68 Fed. 
     Reg. 25477; 48 U.S.C. note prec. 1451; relating to the 
     Interagency Group on Insular Affairs).
       ``(2) Executive Order No. 12788 of January 15, 1992, as 
     amended (57 Fed. Reg. 2213; relating to the Defense Economic 
     Adjustment Program).''.
       (b) Repeal of Superseded Authority.--Section 132 of such 
     title is amended by striking subsection (e).

     SEC. 952. CORROSION CONTROL AND PREVENTION EXECUTIVES 
                   MATTERS.

       (a) Scope and Level of Positions.--Subsection (a) of 
     section 903 of the Duncan Hunter National Defense 
     Authorization Act for Fiscal Year 2009 (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.--Such section 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.''.

                      TITLE X--GENERAL PROVISIONS

                     Subtitle A--Financial Matters

     SEC. 1001. GENERAL TRANSFER AUTHORITY.

       (a) Authority To Transfer Authorizations.--
       (1) Authority.--Upon determination by the Secretary of 
     Defense that such action is necessary in the national 
     interest, the Secretary may transfer amounts of 
     authorizations made available to the Department of Defense in 
     this division for fiscal year 2018 between any such 
     authorizations for that fiscal year (or any subdivisions 
     thereof). Amounts of authorizations so transferred shall be 
     merged with and be available for the same purposes as the 
     authorization to which transferred.
       (2) Limitation.--Except as provided in paragraph (3), the 
     total amount of authorizations that the Secretary may 
     transfer under the authority of this section may not exceed 
     $4,000,000,000.
       (3) Exception for transfers between military personnel 
     authorizations.--A transfer of funds between military 
     personnel authorizations under title IV shall not be counted 
     toward the dollar limitation in paragraph (2).
       (b) Limitations.--The authority provided by subsection (a) 
     to transfer authorizations--
       (1) may only be used to provide authority for items that 
     have a higher priority than the items from which authority is 
     transferred; and
       (2) may not be used to provide authority for an item that 
     has been denied authorization by Congress.
       (c) Effect on Authorization Amounts.--A transfer made from 
     one account to another under the authority of this section 
     shall be deemed to increase the amount authorized for the 
     account to which the amount is transferred by an amount equal 
     to the amount transferred.
       (d) Notice to Congress.--The Secretary shall promptly 
     notify Congress of each transfer made under subsection (a).

     SEC. 1002. CALCULATIONS FOR PAYMENTS INTO DEPARTMENT OF 
                   DEFENSE MILITARY RETIREMENT FUND USING SINGLE 
                   LEVEL PERCENTAGE OF BASIC PAY DETERMINED ON 
                   ARMED FORCE-WIDE RATHER THAN ARMED FORCES-WIDE 
                   BASIS.

       Section 1465 of title 10, United States Code, is amended--
       (1) in subsection (c)(1), in the flush matter at the end of 
     paragraph (1), by striking ``Such single level'' and 
     inserting ``Except as otherwise provided in subsection (d), 
     such single level'';
       (2) by redesignating subsections (d) and (e) as subsections 
     (e) and (f), respectively; and
       (3) by inserting after subsection (c) the following new 
     subsection (d):
       ``(d)(1) Notwithstanding subsection (c), in any actuarial 
     valuation of Department of Defense military retirement and 
     survivor benefits programs for purposes of a fiscal year 
     beginning after fiscal year 2018--
       ``(A) the determination made pursuant to subsection 
     (c)(1)(A) shall be a single level percentage of basic pay for 
     active duty for each armed force (other than the Coast Guard) 
     and for each of the Army National Guard and the Air National 
     Guard for full-time National Guard duty (rather than the 
     single level percentage of basic pay otherwise required by 
     that subsection); and
       ``(B) the determination made pursuant to subsection 
     (c)(1)(B) shall be a single level percentage of basic pay and 
     of compensation for members of the Selected Reserve of each 
     armed force (other than the Coast Guard) (rather than the 
     single level percentage of basic pay and of compensation 
     otherwise required by that subsection).
       ``(2) In making calculations for purposes of subsection 
     (b)(1) for fiscal years after fiscal year 2018--
       ``(A) the Secretary of Defense--
       ``(i) shall not use the single level percentage of basic 
     pay determined under subsection (c)(1)(A) as provided for in 
     subsection (b)(1)(A)(i); but
       ``(ii) shall use for purposes of subsection (b)(1)(A)(i) 
     each separate single level percentage of basic pay determined 
     under paragraph (1)(A) for each armed force and for each of 
     the Army National Guard and the Air National Guard; and
       ``(B) the Secretary of Defense--
       ``(i) shall not use the single level percentage of basic 
     pay and of compensation determined under subsection (c)(1)(B) 
     as provided for in subsection (b)(1)(B)(i); but
       ``(ii) shall use for purposes of subsection (b)(1)(B)(i) 
     each separate single level percentage of basic pay and of 
     compensation determined under paragraph (1)(B) for each armed 
     force.
       ``(3) In making calculations for purposes of section 
     1466(a) of this title for purposes of deposits into the Fund 
     for months in fiscal years after fiscal year 2018--
       ``(A) the Secretary of Defense--
       ``(i) shall not use the single level percentage of basic 
     pay determined under subsection (c)(1)(A) as provided for in 
     section 1466(a)(1)(A) of this title; but
       ``(ii) shall use for purposes of section 1466(a)(1)(A) of 
     this title each separate single level percentage of basic pay 
     determined under paragraph (1)(A) for each armed force and 
     for each of the Army National Guard and the Air National 
     Guard; and
       ``(B) the Secretary of Defense--
       ``(i) shall not use the single level percentage of basic 
     pay and of compensation determined under subsection (c)(1)(B) 
     as provided for in section 1466(a)(2)(A) of this title; but
       ``(ii) shall use for purposes of section 1466(a)(2)(A) each 
     separate single level percentage of basic pay and of 
     compensation determined under paragraph (1)(B) for each armed 
     force.''.

     SEC. 1003. CERTIFICATIONS ON AUDIT READINESS OF THE 
                   DEPARTMENT OF DEFENSE AND THE MILITARY 
                   DEPARTMENTS, DEFENSE AGENCIES, AND OTHER 
                   ORGANIZATIONS AND ELEMENTS OF THE DEPARTMENT OF 
                   DEFENSE.

       (a) Department of Defense.--Not later than September 30, 
     2017, and each year thereafter, the Secretary of Defense 
     shall certify to the congressional defense committees whether 
     or not the full financial statements of the Department of 
     Defense are audit ready as of the date of such certification.
       (b) Military Departments, Defense Agencies, and Other 
     Organizations and Elements.--
       (1) In general.--Not later than September 30, 2017, and 
     each year thereafter, each Secretary of a military 
     department, each head of a Defense Agency, and each head of 
     any other organization or element of the Department of 
     Defense designated by the Secretary of Defense for purposes 
     of this subsection shall certify to the congressional defense 
     committees whether or not the full financial statements of 
     the military department, the Defense Agency, or the 
     organization or element concerned became audit ready during 
     the fiscal year in which such certification is to be 
     submitted.

[[Page S5328]]

       (2) Transmittal through secretary of defense.--The 
     individual certifications required by this subsection shall 
     be transmitted to the congressional defense committees 
     collectively by the Secretary under procedures established by 
     the Secretary for purposes of this subsection.
       (c) Termination on Receipt of Audit Opinion on Full 
     Financial Statements.--A certification is no longer required 
     under subsection (a) or (b) with respect to the Department of 
     Defense, or a military department, Defense Agency, or 
     organization or element of the Department, as applicable, 
     after the Department of Defense or such military department, 
     Defense Agency, or organization or element receives an audit 
     opinion on its full financial statements.
       (d) Audit Ready Defined.--In this section, the term ``audit 
     ready'', with respect to the full financial statements of the 
     Department of Defense, a military department, a Defense 
     Agency, or another organization or element of the Department 
     of Defense, means that the Department of Defense, the 
     military department, the Defense Agency, or the organization 
     or element has in place critical audit capabilities and 
     associated infrastructure to successfully start and support a 
     financial audit of its full financial statements.

     SEC. 1004. FAILURE TO OBTAIN AUDIT OPINION ON FISCAL YEAR 
                   FULL FINANCIAL STATEMENTS OF THE DEPARTMENT OF 
                   DEFENSE.

       (a) Reduction in Basic Pay of Military Secretaries for 
     Failure to Obtain Audit Opinion on Full Financial Statements 
     for Fiscal Years 2018 and Thereafter.--If the Department of 
     Defense does not obtain an audit opinion on its full 
     financial statements for fiscal year 2018, or any fiscal year 
     thereafter, by March 31 of the succeeding calendar year, the 
     annual rate of basic pay payable for each Secretary of a 
     military department for the calendar year next following such 
     succeeding calendar year shall be the annual rate of basic 
     pay for positions at level III of the Executive Schedule 
     pursuant to section 5313 of title 5, United States Code, 
     rather than the annual rate of basic pay otherwise provided 
     for the positions of Secretary of a military department by 
     law.
       (b) Review and Recommendations on Efforts To Obtain Audit 
     Opinion on Full Financial Statements for Fiscal Year 2018 by 
     March 31, 2019.--
       (1) In general.--If the Department does not obtain an audit 
     opinion on its full financial statements for fiscal year 2018 
     by March 31, 2019, the Secretary of Defense shall establish 
     within the Department a team of distinguished, private sector 
     experts with experience conducting financial audits of large 
     public or private sector organizations to review and make 
     recommendations to improve the efforts of the Department to 
     obtain an audit opinion on its full financial statements.
       (2) Scope of activities.--The team established pursuant to 
     paragraph (1) shall--
       (A) identify impediments to the progress of the Department 
     in obtaining an audit opinion on its full financial 
     statements, including an identification of the organizations 
     or elements that are lagging in their efforts toward 
     obtaining such audit opinion;
       (B) estimate when an audit opinion on the full financial 
     statements of the Department will be obtained; and
       (C) consider mechanisms and incentives to support efficient 
     achievement by the Department of its audit goals, including 
     organizational mechanisms to transfer direction and 
     management control of audit activities from subordinate 
     organizations to the Office of the Secretary of Defense, 
     individual personnel incentives, workforce improvements 
     (including in senior leadership positions), business process, 
     technology, and systems improvements (including the use of 
     data analytics), and metrics by which the Secretary and 
     Congress may measure and assess progress toward achievement 
     of the audit goals of the Department.
       (3) Report.--If the Secretary takes action pursuant to 
     paragraph (1), the Secretary shall, not later than September 
     30, 2019, submit to the congressional defense committees a 
     report on the team established pursuant to that paragraph, 
     including a description of the actions taken and to be taken 
     by the team pursuant to paragraph (2).

     SEC. 1005. IMPROPER PAYMENT MATTERS.

       Subject to the authority, direction, and control of the 
     Secretary of Defense, the Under Secretary of Defense 
     (Comptroller) shall take the following actions:
       (1) With regard to estimating improper payments:
       (A) Establish and implement key quality assurance 
     procedures, such as reconciliations, to ensure the 
     completeness and accuracy of sampled populations.
       (B) Revise the procedures for the sampling methodologies of 
     the Department of Defense so that such procedures--
       (i) comply with Office of Management and Budget guidance 
     and generally accepted statistical standards;
       (ii) produce statistically valid improper payment error 
     rates, statistically valid improper payment dollar estimates, 
     and appropriate confidence intervals for both; and
       (iii) in meeting clauses (i) and (ii), take into account 
     the size and complexity of the transactions being sampled.
       (2) With regard to identifying programs susceptible to 
     significant improper payments, conduct a risk assessment that 
     complies with the Improper Payments Elimination and Recovery 
     Act of 2010 (Public Law 111-204) and the amendments made by 
     that Act (in this section collectively referred to as 
     ``IPERA'').
       (3) With regard to reducing improper payments, establish 
     procedures that produce corrective action plans that--
       (A) comply fully with IPERA and associated Office of 
     Management and Budget guidance, including by holding 
     individuals responsible for implementing corrective actions 
     and monitoring the status of corrective actions; and
       (B) are in accordance with best practices, such as those 
     recommended by the Chief Financial Officers Council, 
     including by providing for--
       (i) measurement of the progress made toward remediating 
     root causes of improper payments; and
       (ii) communication to the Secretary of Defense and the 
     heads of departments, agencies, and organizations and 
     elements of the Department of Defense, and key stakeholders, 
     on the progress made toward remediating the root causes of 
     improper payments.
       (4) With regard to implementing recovery audits for 
     improper payments, develop and implement procedures to--
       (A) identify costs related to the recovery audits and 
     recovery efforts of the Department of Defense; and
       (B) evaluate improper payment recovery efforts in order to 
     ensure that they are cost effective.
       (5) Monitor the implementation of the revised chapter of 
     the Financial Management Regulations on recovery audits in 
     order to ensure that the Department of Defense, the military 
     departments, the Defense Agencies, and the other 
     organizations and elements of the Department of Defense 
     either conduct recovery audits or demonstrate that it is not 
     cost effective to do so.
       (6) Develop and submit to the Office of Management and 
     Budget for approval a payment recapture audit plan that fully 
     complies with Office of Management and Budget guidance.
       (7) With regard to reporting on improper payments, design 
     and implement procedures to ensure that the annual improper 
     payment and recovery audit reporting of the Department of 
     Defense is complete, accurate, and complies with IPERA and 
     associated Office of Management and Budget guidance.

     SEC. 1006. FINANCIAL OPERATIONS DASHBOARD FOR THE DEPARTMENT 
                   OF DEFENSE.

       (a) Financial Operations Dashboard.--
       (1) In general.--The Under Secretary of Defense 
     (Comptroller) shall develop and maintain on an Internet 
     website available to Federal Government agencies a tool 
     (commonly referred to as a ``dashboard)'' to permit Federal 
     Government officials to track key indicators of the financial 
     performance of the Department of Defense, including 
     outstanding accounts payable, abnormal accounts payable, 
     outstanding advances, unmatched disbursements, abnormal 
     undelivered orders, negative unliquidated obligations, 
     violations of sections 1341 and 1517(a) of title 31, United 
     States Code (commonly referred to as the ``Anti-Deficiency 
     Act''), costs deriving from payment delays, interest penalty 
     payments, and improper payments, and actual savings realized 
     through interest payments made, discounts for timely or 
     advanced payments, and other financial management and 
     improvement initiatives.
       (2) Information covered.--The tool shall cover financial 
     performance information for the military departments, the 
     defense agencies, and any other organizations or elements of 
     the Department of Defense.
       (3) Tracking of performance over time.--The tool shall 
     permit the tracking of financial performance over time, 
     including by month, quarter, and year, and permit users of 
     the tool to export both current and historical data on 
     financial performance.
       (4) Updates.--The information covered by the tool shall be 
     updated not less frequently than monthly.
       (b) Annual Report on Value Created by Improved Financial 
     Management.--Not later than December 31 each year, the 
     Secretary of Defense shall submit to Congress a report 
     setting forth, for each military department, defense agency, 
     and other organization or element of the Department of 
     Defense, the following:
       (1) A description of the value, if any, that accrued as a 
     result of improved financial management and related cost-
     savings initiatives during the most recent fiscal year.
       (2) A description of the manner in which such value, if 
     any, was applied, and will be applied, to provide mission 
     value.
       (3) A target for the savings to be achieved as a result of 
     improved financial management and related cost-savings 
     initiatives during the fiscal year in which such report is 
     submitted.

     SEC. 1007. COMPTROLLER GENERAL OF THE UNITED STATES 
                   RECOMMENDATIONS ON AUDIT CAPABILITIES AND 
                   INFRASTRUCTURE AND RELATED MATTERS.

       (a) Bi-monthly Summary of Status of Audit Corrective Action 
     Plan.--The Under Secretary of Defense (Comptroller) shall 
     assemble on a bi-monthly basis a management summary of the 
     current status of actions under the consolidated audit 
     corrective action plan (CAP) with respect to the critical 
     audit capabilities and associated infrastructure of the 
     Department of Defense, the military departments, the Defense 
     Agencies, and other organizations and elements of the 
     Department of Defense.

[[Page S5329]]

       (b) Centralized Monitoring and Reporting Process.--The 
     Under Secretary of Defense (Comptroller) shall develop and 
     implement a centralized monitoring and reporting process that 
     captures and maintains up-to-date information, including the 
     standard data elements recommended in the Implementation 
     Guide for OMB Circular A-123, for all corrective action plans 
     Department of Defense-wide that pertain to critical audit 
     capabilities and associated infrastructure.

                   Subtitle B--Counterdrug Activities

     SEC. 1011. EXTENSION AND MODIFICATION OF AUTHORITY TO SUPPORT 
                   A UNIFIED COUNTERDRUG AND COUNTERTERRORISM 
                   CAMPAIGN IN COLOMBIA.

       (a) Extension.--Section 1021 of the Ronald W. Reagan 
     National Defense Authorization Act for Fiscal Year 2005 
     (Public Law 108-375; 118 Stat. 2042), as most recently 
     amended by section 1013 of the National Defense Authorization 
     Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 
     2385), is further amended--
       (1) in subsection (a)(1), by striking ``2019'' and 
     inserting ``2022''; and
       (2) in subsection (c), by striking ``2019'' and inserting 
     ``2022''.
       (b) Scope of Authority.--Subsection (a) of such section 
     1021 is further amended--
       (1) in paragraph (1), by striking ``organizations 
     designated as'' and all that follows and inserting 
     ``terrorist organizations and other illegally armed groups 
     determined by the Secretary of Defense to pose a significant 
     threat to the national security interests of the United 
     States.''; and
       (2) in paragraph (2), by striking ``authority'' and all 
     that follows and inserting ``authority as follows:
       ``(A) To protect human health and welfare in emergency 
     circumstances, including the undertaking of rescue 
     operations.
       ``(B) To support efforts to demobilize, disarm, and 
     reintegrate members of illegally armed groups.''.

                Subtitle C--Naval Vessels and Shipyards

     SEC. 1016. POLICY OF THE UNITED STATES ON MINIMUM NUMBER OF 
                   BATTLE FORCE SHIPS.

       (a) Policy.--It shall be the policy of the United States to 
     have available, as soon as practicable, not fewer than 355 
     battle force ships, comprised of the optimal mix of 
     platforms, with funding subject to the availability of 
     appropriations or other funds.
       (b) Battle Force Ships Defined.--In this section, the term 
     ``battle force ships'' has the meaning given the term in 
     Secretary of the Navy Instruction 5030.8C.

     SEC. 1017. OPERATIONAL READINESS OF LITTORAL COMBAT SHIPS ON 
                   EXTENDED DEPLOYMENT.

       (a) In General.--Subsection (a) of section 7310 of title 
     10, United States Code, is amended--
       (1) by inserting ``Under Jurisdiction of the Secretary of 
     the Navy'' in the subsection heading after ``Vessels'';
       (2) by striking ``A naval vessel (or any other vessel under 
     the jurisdiction of the Secretary of the Navy)'' and 
     inserting ``(1) Except as provided in paragraph (2), a naval 
     vessel''; and
       (3) by adding at the end the following new paragraph:
       ``(2)(A) Subject to subparagraph (B), in the case of a 
     naval vessel classified as a Littoral Combat Ship and 
     operating on deployment, corrective and preventive 
     maintenance or repair (whether intermediate or depot level) 
     and facilities maintenance may be performed on the vessel--
       ``(i) in a foreign shipyard;
       ``(ii) at a facility outside of a foreign shipyard; or
       ``(iii) at any other facility convenient to the vessel.
       ``(B)(i) Corrective and preventive maintenance or repair 
     may be performed on a vessel as described in subparagraph (A) 
     if the work is performed by United States Government 
     personnel or United States contractor personnel.
       ``(ii) Facilities maintenance may be performed by a foreign 
     contractor on a vessel as described in subparagraph (A) only 
     as approved by the Secretary of the Navy.''.
       (b) Definitions.--Such section is further amended by adding 
     at the end the following new subsection:
       ``(d) Definitions.--In this section:
       ``(1) The term `corrective and preventive maintenance or 
     repair' means--
       ``(A) maintenance or repair actions performed as a result 
     of a failure in order to return or restore equipment to 
     acceptable performance levels; and
       ``(B) scheduled maintenance or repair actions to prevent or 
     discover functional failures.
       ``(2) The term `facilities maintenance' means preservation 
     or corrosion control efforts and cleaning services.''.
       (c) Clerical Amendments.--
       (1) Section heading.--The heading of such section is 
     amended to read as follows:

     ``Sec. 7310. Overhaul, repair, and maintenance of vessels in 
       foreign shipyards and facilities: restrictions; 
       exceptions''.

       (2) Table of sections.--The table of sections at the 
     beginning of chapter 633 of such title is amended by striking 
     the item relating to section 7310 and inserting the following 
     new item:

``7310. Overhaul, repair, and maintenance of vessels in foreign 
              shipyards and facilities: restrictions; exceptions.''.

     SEC. 1018. AUTHORITY TO PURCHASE USED VESSELS TO RECAPITALIZE 
                   THE READY RESERVE FORCE AND THE MILITARY 
                   SEALIFT COMMAND SURGE FLEET.

       (a) Deposit of Additional Funds in National Defense Sealift 
     Fund.--
       (1) Other funds made available to department of the navy.--
     Subsection (d) of section 2218 of title 10, United States 
     Code, is amended by adding at the end the following new 
     paragraph:
       ``(4) Any other funds made available to the Department of 
     the Navy for carrying out the purposes of the Fund set forth 
     in subsection (c).''.
       (2) Expiration of funds after 5 years.--Subsection (g) of 
     such section is amended by striking ``subsection (d)(1)'' and 
     inserting ``paragraph (1) or (4) of subsection (d)''.
       (b) Authority To Purchase Used Vessels.--Subsection (f) of 
     such section is amended by adding at the end the following 
     new paragraph:
       ``(3)(A) Notwithstanding the limitations in paragraph (1) 
     and subsection (c)(1)(E), the Secretary of Defense may, as 
     part of a program to recapitalize the Ready Reserve Force 
     component of the National Defense Reserve Fleet and the 
     Military Sealift Command surge fleet, purchase used vessels, 
     regardless of where constructed, from among vessels 
     previously participating in the Maritime Security Fleet, if 
     available at a reasonable cost (as determined by the 
     Secretary). If such previously participating vessels are not 
     available at a reasonable cost, used vessels comparable to 
     such previously participating vessels may be purchased from 
     any source, regardless of where constructed, if available at 
     a reasonable cost (as determined by the Secretary).
       ``(B) In exercising the authority in subparagraph (A), the 
     Secretary shall purchase used vessels constructed in the 
     United States, if available at a reasonable cost (as 
     determined by the Secretary).
       ``(C) In exercising the authority in subparagraph (A), the 
     Secretary shall ensure that any conversion, modernization, 
     maintenance, or repair of vessels occurs in shipyards located 
     in the United States, except in emergency situations (as 
     determined by the Secretary).''.
       (c) Definition of Maritime Security Fleet.--Subsection (k) 
     of such section is amended by adding at the end the following 
     new paragraph:
       ``(5) The term `Maritime Security Fleet' means the fleet 
     established under section 53102(a) of title 46.''.
       (d) Technical Amendment.--Subsection (i) of such section is 
     amended by striking ``(50 U.S.C. App. 1744)'' and inserting 
     ``(50 U.S.C. 4405)''.

     SEC. 1019. SURVEYING SHIPS.

       (a) Surveying Ship Requirement.--Not later than 120 days 
     after the date of the enactment of this Act, the Chief of 
     Naval Operations shall submit to the congressional defense 
     committees a report setting forth a force structure 
     assessment that establishes a surveying ship requirement. The 
     Chief of Naval Operations shall conduct the assessment for 
     purposes of the report, and may limit the assessment to 
     surveying ships.
       (b) Definitions.--In this section:
       (1) The term ``surveying ship'' has the meaning given the 
     term in Secretary of the Navy Instruction 5030.8C.
       (2) The term ``force structure assessment'' has the meaning 
     given the term in Chief of Naval Operations Instruction 
     3050.27.

     SEC. 1020. PILOT PROGRAM ON FUNDING FOR NATIONAL DEFENSE 
                   SEALIFT VESSELS.

       (a) In General.--The Secretary of the Navy may carry out a 
     pilot program to assess the feasability and advisability of 
     the use of the authorities specified in subsection (b) in 
     connection with research and development and operation, 
     maintenance, and lease or charter of national defense sealift 
     vessels.
       (b) Authorities.--The authorities specified in this 
     subsection are authorities as follows:
       (1) To derive funds for obligations and expenditures for 
     research and development relating to national defense sealift 
     vessels from the Research, Development, Test, and Evaluation, 
     Navy account.
       (2) To derive funds for obligations and expenditures for 
     operation, maintenance, and lease or charter of national 
     defense sealift vessels from the Operation and Maintenance, 
     Navy account.
       (3) To use funds in the account referred to in paragraph 
     (1) for obligations and expenditures described in that 
     paragraph, and to use funds in the account referred to in 
     paragraph (2) for obligations and expenditures described in 
     that paragraph, without the transfer of such funds to the 
     National Defense Sealift Fund.
       (c) Limitation.--The authorities in subsection (b) may be 
     used under the pilot program only with respect to applicable 
     amounts authorized to be appropriated for the Department of 
     Defense for fiscal years 2018 and 2019.
       (d) Continuing Availability of NDSF Funds.--Nothing in this 
     section shall be construed to prohibit the use of amounts 
     available in the National Defense Sealift Fund for fiscal 
     years 2018 and 2019 for use for the purposes of the Fund 
     under section 2218(c) of title 10, United States Code, in 
     such fiscal years.
       (e) Reports.--
       (1) In general.--Not later than 120 days after the 
     conclusion of the pilot program, the Secretary, the Commander 
     of the United States Transportation Command, and the 
     Administrator of the Maritime Administration each shall 
     submit to the congressional defense committees an independent 
     report on the pilot program.

[[Page S5330]]

       (2) Elements.--Each report shall include the following:
       (A) A description of lessons learned from the pilot program 
     regarding the efficacy of funding national defense sealift 
     vessel requirements using the accounts specified in 
     paragraphs (1) and (2) of subsection (b) rather than the 
     National Defense Sealift Fund.
       (B) An assessment of potential operational, financial, and 
     other significant impacts if the pilot program is made 
     permanent.
       (C) Such recommendations as the official submitting such 
     report considers appropriate regarding modifications of 
     section 2218 of title 10, United States Code, in light of the 
     pilot program.
       (f) Definitions.--In this section:
       (1) The term ``national defense sealift vessel'' has the 
     meaning given the term in section 2218(k)(3) of title 10, 
     United States Code.
       (2) The term ``National Defense Sealift Fund'' means the 
     Fund established by section 2218 of title 10, United States 
     Code.

                      Subtitle D--Counterterrorism

     SEC. 1031. EXTENSION OF PROHIBITION ON USE OF FUNDS FOR 
                   TRANSFER OR RELEASE OF INDIVIDUALS DETAINED AT 
                   UNITED STATES NAVAL STATION, GUANTANAMO BAY, 
                   CUBA, TO THE UNITED STATES.

       Section 1032 of the National Defense Authorization Act for 
     Fiscal Year 2017 (Public Law 114-328) is amended by striking 
     ``December 31, 2017'' and inserting ``December 31, 2018''.

     SEC. 1032. EXTENSION OF PROHIBITION ON USE OF FUNDS TO 
                   CONSTRUCT OR MODIFY FACILITIES IN THE UNITED 
                   STATES TO HOUSE DETAINEES TRANSFERRED FROM 
                   UNITED STATES NAVAL STATION, GUANTANAMO BAY, 
                   CUBA.

       Section 1033(a) of the National Defense Authorization Act 
     for Fiscal Year 2017 (Public Law 114-328) is amended by 
     striking ``December 31, 2017'' and inserting ``December 31, 
     2018''.

     SEC. 1033. EXTENSION OF PROHIBITION ON USE OF FUNDS FOR 
                   TRANSFER OR RELEASE TO CERTAIN COUNTRIES OF 
                   INDIVIDUALS DETAINED AT UNITED STATES NAVAL 
                   STATION, GUANTANAMO BAY, CUBA.

       Section 1034 of the National Defense Authorization Act for 
     Fiscal Year 2017 (Public Law 114-328) is amended by striking 
     ``December 31, 2017'' and inserting ``December 31, 2018''.

     SEC. 1034. EXTENSION OF PROHIBITION ON USE OF FUNDS FOR 
                   REALIGNMENT OF FORCES AT OR CLOSURE OF UNITED 
                   STATES NAVAL STATION, GUANTANAMO BAY, CUBA.

       Section 1035 of the National Defense Authorization Act for 
     Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2391) is 
     amended by striking ``fiscal year 2017'' and inserting ``any 
     of fiscal years 2017 through 2021''.

     SEC. 1035. AUTHORITY TO TRANSFER INDIVIDUALS DETAINED AT 
                   UNITED STATES NAVAL STATION, GUANTANAMO BAY, 
                   CUBA, TO THE UNITED STATES TEMPORARILY FOR 
                   EMERGENCY OR CRITICAL MEDICAL TREATMENT.

       (a) Temporary Transfer for Medical Treatment.--
     Notwithstanding section 1032 of the National Defense 
     Authorization Act for Fiscal Year 2017 (Public Law 114-328), 
     as amended by section 1031 of this Act, or any similar 
     provision of law enacted after September 30, 2015, the 
     Secretary of Defense may, after consultation with the 
     Secretary of Homeland Security, temporarily transfer an 
     individual detained at Guantanamo to a Department of Defense 
     medical facility in the United States for the sole purpose of 
     providing the individual medical treatment if the Secretary 
     of Defense determines that--
       (1) the medical treatment of the individual is necessary to 
     prevent death or imminent significant injury or harm to the 
     health of the individual;
       (2) the necessary medical treatment is not available to be 
     provided at United States Naval Station, Guantanamo Bay, 
     Cuba, without incurring excessive and unreasonable costs; and
       (3) the Department of Defense has provided for appropriate 
     security measures for the custody and control of the 
     individual during any period in which the individual is 
     temporarily in the United States under this section.
       (b) Limitation on Exercise of Authority.--The authority of 
     the Secretary of Defense under subsection (a) may be 
     exercised only by the Secretary of Defense or another 
     official of the Department of Defense at the level of Under 
     Secretary of Defense or higher.
       (c) Conditions of Transfer.--An individual who is 
     temporarily transferred under the authority in subsection (a) 
     shall--
       (1) while in the United States, remain in the custody and 
     control of the Secretary of Defense at all times; and
       (2) be returned to United States Naval Station, Guantanamo 
     Bay, Cuba, as soon as feasible after a Department of Defense 
     physician determines, in consultation with the Commander, 
     Joint Task Force-Guantanamo Bay, Cuba, that any necessary 
     follow-up medical care may reasonably be provided the 
     individual at United States Naval Station, Guantanamo Bay.
       (d) Status While in United States.--An individual who is 
     temporarily transferred under the authority in subsection 
     (a), while in the United States--
       (1) shall be deemed at all times and in all respects to be 
     in the uninterrupted custody of the Secretary of Defense, as 
     though the individual remained physically at United States 
     Naval Station, Guantanamo Bay, Cuba;
       (2) shall not at any time be subject to, and may not apply 
     for or obtain, or be deemed to enjoy, any right, privilege, 
     status, benefit, or eligibility for any benefit under any 
     provision of the immigration laws (as defined in section 
     101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(17)), or any other law or regulation;
       (3) shall not be permitted to avail himself of any right, 
     privilege, or benefit of any law of the United States beyond 
     those available to individuals detained at United States 
     Naval Station, Guantanamo Bay; and
       (4) shall not, as a result of such transfer, have a change 
     in any designation that may have attached to that detainee 
     while detained at United States Naval Station, Guantanamo 
     Bay, pursuant to the Authorization for Use of Military Force 
     (Public Law 107-40), as determined in accordance with 
     applicable law and regulations.
       (e) No Cause of Action.--Any decision to transfer or not to 
     transfer an individual made under the authority in subsection 
     (a) shall not give rise to any claim or cause of action.
       (f) Limitation on Judicial Review.--
       (1) Limitation.--Except as provided in paragraph (2), no 
     court, justice, or judge shall have jurisdiction to hear or 
     consider any claim or action against the United States or its 
     departments, agencies, officers, employees, or agents arising 
     from or relating to any aspect of the detention, transfer, 
     treatment, or conditions of confinement of an individual 
     transferred under this section.
       (2) Exception for habeas corpus.--The United States 
     District Court for the District of Columbia shall have 
     exclusive jurisdiction to consider an application for writ of 
     habeas corpus seeking release from custody filed by or on 
     behalf of an individual who is in the United States pursuant 
     to a temporary transfer under the authority in subsection 
     (a). Such jurisdiction shall be limited to that required by 
     the Constitution, and relief shall be only as provided in 
     paragraph (3). In such a proceeding the court may not review, 
     halt, or stay the return of the individual who is the object 
     of the application to United States Naval Station, Guantanamo 
     Bay, Cuba, pursuant to subsection (c).
       (3) Relief.--A court order in a proceeding covered by 
     paragraph (2)--
       (A) may not order the release of the individual within the 
     United States; and
       (B) shall be limited to an order of release from custody 
     which, when final, the Secretary of Defense shall implement 
     in accordance with section 1034 of the National Defense 
     Authorization Act for Fiscal Year 2016 (10 U.S.C. 801 note).
       (g) Notification.--Whenever a temporary transfer of an 
     individual detained at Guantanamo is made under the authority 
     of subsection (a), the Secretary of Defense shall notify the 
     Committees on Armed Services of the Senate and the House of 
     Representatives of the transfer not later than five days 
     after the date on which the transfer is made.
       (h) Individual Detained at Guantanamo Defined.--In this 
     section, the term ``individual detained at Guantanamo'' means 
     an individual located at United States Naval Station, 
     Guantanamo Bay, Cuba, as of October 1, 2009, who--
       (1) is not a national of the United States (as defined in 
     section 101(a)(22) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(22)) or a member of the Armed Forces of the 
     United States; and
       (2) is--
       (A) in the custody or under the control of the Department 
     of Defense; or
       (B) otherwise detained at United States Naval Station, 
     Guantanamo Bay.
       (i) Applicability.--This section shall apply to an 
     individual temporarily transferred under the authority in 
     subsection (a) regardless of the status of any pending or 
     completed proceeding or detention on the date of the 
     enactment of this Act.

         Subtitle E--Miscellaneous Authorities and Limitations

     SEC. 1041. MATTERS RELATING TO THE SUBMITTAL OF FUTURE-YEARS 
                   DEFENSE PROGRAMS.

       (a) Timing of Submittal to Congress.--Subsection (a) of 
     section 221 of title 10, United States Code, is amended by 
     striking ``at or about the same time'' and inserting ``not 
     later than five days after the date on which''.
       (b) Manner and Form of Submittal.--Such section is further 
     amended--
       (1) in subsection (a) by inserting ``make available to 
     United States Government entities and'' before ``submit to 
     Congress''; and
       (2) by adding at the end the following new subsection:
       ``(d)(1) The Secretary of Defense shall make available to 
     United States Government entities and submit to Congress each 
     future-years defense program under this section as follows:
       ``(A) By making such program available on an Internet 
     website of the Under Secretary of Defense (Comptroller) 
     available to United States Government in the form of an 
     unclassified electronic database.
       ``(B) By delivering printed copies of such program to the 
     congressional defense committee.
       ``(2) In the event inclusion of classified material in a 
     future-years defense program would otherwise render the 
     totality of the program classified for purposes of this 
     subsection--
       ``(A) such program shall be made available to United States 
     Government entities and

[[Page S5331]]

     submitted to Congress in unclassified form, with such 
     material attached as a classified annex; and
       ``(B) such annex shall be submitted to the congressional 
     defense committees, the Congressional Budget Office, the 
     Comptroller General of the United States, and the 
     Congressional Research Service.''.
       (c) Accuracy of Information.--Such section is further 
     amended by adding at the end the following new subsection:
       ``(e) Each future-years defense program under this 
     subsection shall be accompanied by a certification by the 
     Under Secretary of Defense (Comptroller), in the case of the 
     Department of Defense, and the comptroller of each military 
     department, in the case of such military department, that any 
     information entered into the Standard Data Collection System 
     of the Department of Defense, the Comptroller Information 
     System, or any other data system, as applicable, for purposes 
     of assembling such future-years defense program was 
     accurate.''.
       (d) Conforming Amendments.--
       (1) Heading amendment.--The heading of section 221 of such 
     title is amended to read as follows:

     ``Sec. 221. Future-years defense program: consistency in 
       budgeting; availability to United States Government 
       entities and submittal to Congress''.

       (2) Table of sections.--The table of sections at the 
     beginning of chapter 9 of such title is amended by striking 
     the item relating to section 221 and inserting the following 
     new item:

``221. Future-years defense program: consistency in budgeting; 
              availability to United States Government entities and 
              submittal to Congress.''.
       (e) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act, 
     and shall apply to future-years defense programs submitted at 
     the time of budgets of the President for fiscal years 
     beginning after fiscal year 2018.
       (f) DoD Guidance.--The Secretary of Defense shall, in 
     coordination with the Under Secretary of Defense 
     (Comptroller), update Department of Defense Financial 
     Management Regulation 7000.14-R, and any other appropriate 
     instructions and guidance, to ensure that the Department of 
     Defense takes appropriate actions to comply with the 
     amendments made by this section in the submittal of future-
     years defense programs in calendar years after calendar year 
     2017.

     SEC. 1042. DEPARTMENT OF DEFENSE INTEGRATION OF INFORMATION 
                   OPERATIONS AND CYBER-ENABLED INFORMATION 
                   OPERATIONS.

       (a) Integration of Department of Defense Information 
     Operations and Cyber-enabled Information Operations.--
       (1) Establishment of cross-functional task force.--
       (A) In general.--The Secretary of Defense shall establish a 
     cross-functional task force consistent with section 911(c)(1) 
     of the National Defense Authorization Act for Fiscal Year 
     2017 (114-328; 10 U.S.C. 111 note) to integrate across the 
     organizations of the Department of Defense responsible for 
     information operations, military deception, public affairs, 
     electronic warfare, and cyber operations to produce 
     integrated strategy, planning, and budgeting to counter, 
     deter, and conduct strategic information operations and 
     cyber-enabled information operations.
       (B) Duties.--The task force shall carry out the following:
       (i) Development of a strategic framework for the conduct by 
     the Department of Defense of information operations, 
     including cyber-enabled information operations, coordinated 
     across all relevant Department of Defense entities, including 
     both near-term and long-term guidance for the conduct of such 
     coordinated operations.
       (ii) Development and dissemination of a common operating 
     paradigm across the organizations specified in subparagraph 
     (A) of the influence, deception, and propaganda activities of 
     key malign actors, including in cyberspace.
       (iii) Development of guidance for, and promotion of, the 
     liaison capability of the Department to interact with the 
     private sector, including social media, on matters related to 
     the influence activities of malign actors.
       (2) Head of cross-functional task force.--
       (A) In general.--The Secretary of Defense shall appoint as 
     the head of the task force such individual as the Secretary 
     considers appropriate from among individuals serving in the 
     Department as an Under Secretary of Defense or in such other 
     position within the Department of lesser order of precedence.
       (B) Responsibilities.--The responsibilities of the head of 
     the task force are as follows:
       (i) Oversight of strategic policy and guidance.
       (ii) Overall resource allocation for the integration of 
     information operations and cyber operations of the 
     Department.
       (iii) Ensuring the task force faithfully pursues the 
     purpose set forth in subparagraph (A) of paragraph (1) and 
     carries out its duties as set forth in subparagraph (B) of 
     such paragraph.
       (iv) Carrying out such activities as are required of the 
     head of the task force under subsections (b) and (c).
       (b) Requirements and Plans for Information Operations.--
       (1) Combatant command planning.--The Secretary shall 
     require each commander of a combatant command to develop such 
     requirements and specific plans as may be necessary for the 
     conduct of information operations, including plans for 
     deterring information operations, particularly in the cyber 
     domain, by malign actors against the United States, allies of 
     the United States, and interests of the United States.
       (2) Implementation plan for department of defense strategy 
     for operations in the information environment.--
       (A) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the head of the task force shall--
       (i) review the Department of Defense Strategy for 
     Operations in the Information Environment, dated June 2016; 
     and
       (ii) submit to the congressional defense committees a plan 
     for implementation of such strategy.
       (B) Elements.--The implementation plan shall include, at a 
     minimum, the following:
       (i) An accounting of the efforts undertaken in support of 
     the strategy described in subparagraph (A)(i) since it was 
     issued in June 2016.
       (ii) A description of any updates or changes to such 
     strategy that have been made since it was first issued, as 
     well as any expected updates or changes in light of the 
     establishment of the task force.
       (iii) A description of the role of the Department as part 
     of a broader whole-of-government strategy for strategic 
     communications, including assumptions about the roles and 
     contributions of other Government departments and agencies to 
     such a strategy.
       (iv) Defined actions, performance metrics, and projected 
     timelines to achieve the following specified tasks:

       (I) Train, educate, and prepare commanders and their 
     staffs, and the Joint Force as a whole, to lead, manage, and 
     conduct operations in the information environment.
       (II) Train, educate, and prepare information operations 
     professionals and practitioners to enable effective 
     operations in the information environment.
       (III) Manage information operations professionals, 
     practitioners, and organizations to meet emerging operational 
     needs.
       (IV) Establish a baseline assessment of current ability of 
     the Department to conduct operations in the information 
     environment, including an identification of the types of 
     units and organizations currently responsible for building 
     and employing information-related capabilities and an 
     assignment of appropriate roles and missions for each type of 
     unit or organization.
       (V) Develop the ability of the Department and operating 
     forces to engage, assess, characterize, forecast, and 
     visualize the information environment.
       (VI) Develop and maintain the proper capabilities and 
     capacity to operate effectively in the information 
     environment in coordination with implementation of related 
     cyber and other strategies.
       (VII) Develop and maintain the capability to assess 
     accurately the effect of operations in the information 
     environment.
       (VIII) Adopt, adapt, and develop new science and technology 
     for the Department to operate effectively in the information 
     environment.
       (IX) Develop and adapt information environment-related 
     concepts, policies, and guidance.
       (X) Ensure doctrine relevant to operations in the 
     information environment remains current and responsive based 
     on lessons learned and best practices.
       (XI) Develop, update, and de-conflict authorities and 
     permissions, as appropriate, to enable effective operations 
     in the information environment.
       (XII) Establish and maintain partnerships among Department 
     and interagency partners to enable more effective whole-of-
     government operations in the information environment.
       (XIII) Establish and maintain appropriate interaction with 
     entities that are not part of the Federal Government, 
     including entities in industry, entities in academia, 
     Federally funded research and development centers, and other 
     organizations, to enable operations in the information 
     environment.
       (XIV) Establish and maintain collaboration between and 
     among the Department and international partners, including 
     partner countries and nongovernmental organizations, to 
     enable more effective operations in the information 
     environment.
       (XV) Foster, enhance, and leverage partnership capabilities 
     and capacities.

       (v) An analysis of any personnel, resourcing, capability, 
     authority, or other gaps that will need to be addressed to 
     ensure effective implementation of the strategy described in 
     subparagraph (A)(i) across all relevant elements of the 
     Department.
       (vi) An investment framework and projected timeline for 
     addressing any gaps identified under clause (v).
       (vii) Such other matters as the Secretary of Defense 
     considers relevant.
       (C) Periodic status reports.--Not later than 90 days after 
     the date on which the implementation plan is submitted under 
     subparagraph (A)(ii) and not less frequently than once every 
     90 days thereafter until the date that is three years after 
     the date of such submittal, the head of the task force shall 
     submit to the congressional defense committees a report 
     describing the status of the efforts of the Department to 
     accomplish the tasks specified under clauses (iv) and (vi) of 
     subparagraph (B).

[[Page S5332]]

       (c) Training and Education.--Consistent with the elements 
     of the implementation plan required under clauses (i) and 
     (ii) of subsection (b)(2)(B)(4), the head of the task force 
     shall establish programs to provide training and education to 
     such members of the Armed Forces and civilian employees of 
     the Department of Defense as the Secretary considers 
     appropriate to ensure understanding of the role of 
     information in warfare, the central goal of all military 
     operations to affect the perceptions, views, and decision-
     making of adversaries, and the effective management and 
     conduct of operations in the information environment.
       (d) Establishment of Defense Intelligence Officer for 
     Information Operations and Cyber Operations.--The Secretary 
     shall establish a position within the Department of Defense 
     known as the ``Defense Intelligence Officer for Information 
     Operations and Cyber Operations''.
       (e) Definitions.--In this section:
       (1) The term ``head of the task force'' means the head 
     appointed under subsection (a)(2)(A).
       (2) The term ``implementation plan'' means the plan 
     required by subsection (b)(2)(A)(ii).
       (3) The term ``task force'' means the cross-functional task 
     force established under subsection (a)(1)(A).

     SEC. 1043. PROHIBITION ON LOBBYING ACTIVITIES WITH RESPECT TO 
                   THE DEPARTMENT OF DEFENSE BY CERTAIN OFFICERS 
                   OF THE ARMED FORCES AND CIVILIAN EMPLOYEES OF 
                   THE DEPARTMENT WITHIN TWO YEARS OF SEPARATION 
                   FROM MILITARY SERVICE OR EMPLOYMENT WITH THE 
                   DEPARTMENT.

       (a) Prohibition.--An individual described in subsection (b) 
     may not engage in lobbying activities with respect to the 
     Department of Defense during the two-year period beginning on 
     the date of retirement or separation from service in the 
     Armed Forces or the date of retirement or separation from 
     service with the Department, as applicable.
       (b) Covered Individuals.--An individual described in this 
     section is the following:
       (1) An officer of the Armed Forces in grade O-7 or higher 
     at the time of retirement or separation from the Armed 
     Forces.
       (2) A civilian employee of the Department of Defense at the 
     Senior Executive Service (SES) level or higher at the time of 
     retirement or separation from service with the Department.
       (c) Lobbying Activities With Respect to the Department of 
     Defense Defined.--In this section:
       (1) The term ``lobbying activities with respect to the 
     Department of Defense'' means the following:
       (A) Lobbying contacts and other lobbying activities with 
     covered executive branch officials and covered legislative 
     branch officials with respect to the Department of Defense.
       (B) Lobbying contacts with covered executive branch 
     officials described in subparagraphs (C) through (F) of 
     section 3(3) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 
     1602(3)) in the Department of Defense.
       (2) The term ``lobbying activities'' has the meaning given 
     that term in section 3(7) of the Lobbying Disclosure Act of 
     1995 (2 U.S.C. 1602(7)).
       (3) The term ``covered executive branch official'' has the 
     meaning given that term in section 3(3) of the Lobbying 
     Disclosure Act of 1995 (2 U.S.C. 1602(3)).
       (4) The term ``covered legislative branch official'' has 
     the meaning given that term in section 3(4) of the Lobbying 
     Disclosure Act of 1995 (2 U.S.C. 1602(4)).

     SEC. 1044. DEFINITION OF ``UNMANNED AERIAL VEHICLE'' FOR 
                   PURPOSES OF TITLE 10, UNITED STATES CODE.

       Section 101(e) of title 10, United States Code, is amended 
     by adding at the end the following new paragraph:
       ``(6) Unmanned aerial vehicle.--The term `unmanned aerial 
     vehicle'--
       ``(A) means an aerial vehicle that is not controlled by a 
     human being after launch, such as a cruise missile; and
       ``(B) does not include a remotely piloted aerial vehicle if 
     the vehicle is controlled by a human being after launch.''.

     SEC. 1045. TECHNICAL AMENDMENT RELATING TO MANAGEMENT OF 
                   MILITARY TECHNICIANS.

       Section 1053(a)(1) of the National Defense Authorization 
     Act for Fiscal Year 2016 (10 U.S.C. 10216 note) is amended by 
     striking ``20 percent'' and inserting ``12.6 percent''.

     SEC. 1046. EXTENSION OF PROHIBITION ON USE OF FUNDS FOR 
                   RETIREMENT OF LEGACY MARITIME MINE 
                   COUNTERMEASURE PLATFORMS.

       Section 1045(a) of the National Defense Authorization Act 
     for Fiscal Year 2017 (Public Law 114-328) is amended in the 
     matter preceding paragraph (1) by striking ``authorized to be 
     appropriated by this Act or otherwise made available for 
     fiscal year 2017 for the Navy'' and inserting ``authorized to 
     be appropriated or otherwise made available for the Navy for 
     fiscal year 2017 or 2018''.

     SEC. 1047. SENSE OF CONGRESS ON THE BASING OF KC-46A AIRCRAFT 
                   OUTSIDE THE CONTINENTAL UNITED STATES.

       (a) Finding.--Congress finds that the Department of Defense 
     is continuing its process of permanently stationing KC-46A 
     aircraft at installations in the continental United States 
     (CONUS) and forward-basing outside the continental United 
     States (OCONUS).
       (b) Sense of Congress.--It is the sense of Congress that 
     the Secretary of the Air Force, as part of the strategic 
     basing process for KC-46A aircraft, should continue to place 
     emphasis on and consider the benefits derived from locations 
     outside the continental United States that--
       (1) support day-to-day air refueling operations, operations 
     plans of the combatant commands, and flexibility for 
     contingency operations, and have--
       (A) a strategic location that is essential to the defense 
     of the United States and its interests;
       (B) receivers for boom or probe-and-drogue training 
     opportunities with joint and international partners; and
       (C) sufficient airfield and airspace availability and 
     capacity to meet requirements; and
       (2) possess facilities that--
       (A) take full advantage of existing infrastructure to 
     provide--
       (i) runway, hangars, and aircrew and maintenance 
     operations; and
       (ii) sufficient fuels receipt, storage, and distribution 
     capacities for a 5-day peacetime operating stock; and
       (B) minimize overall construction and operational costs.

     SEC. 1048. AUTHORIZATION TO PROCURE UP TO SIX POLAR-CLASS 
                   ICEBREAKERS.

       (a) Authority To Procure Icebreakers.--
       (1) In general.--The Secretary of the department in which 
     the Coast Guard is operating may, in consultation with the 
     Secretary of the Navy, enter into a contract or contracts for 
     the procurement of up to six polar-class icebreakers, 
     including--
       (A) polar-class heavy icebreakers; and
       (B) polar-class medium icebreakers.
       (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) Comptroller General of the United States Report.--
       (1) In general.--Not later than 45 days after the date of 
     the enactment of the this Act, the Comptroller General of the 
     United States shall submit to the Committees on Armed 
     Services of the Senate and the House of Representatives, the 
     Committee on Commerce, Science, and Transportation of the 
     Senate, and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report 
     assessing the cost and procurement schedule for new United 
     States icebreakers.
       (2) Elements.--The report required in paragraph (1) shall 
     include an analysis of the following:
       (A) The current status of the efforts of the Coast Guard to 
     acquire new icebreaking capability, including coordination 
     through the Integrated Program Office.
       (B) Actions being taken by the Coast Guard to incorporate 
     key practices from other nations that procure icebreakers to 
     increase knowledge and reduce costs and risks.
       (C) The extent by which the cost and schedule for building 
     Coast Guard icebreakers differs from those in other 
     countries, if known.
       (D) The extent that innovative acquisition practices (such 
     as multiyear funding and block buys) may be applied to 
     icebreaker acquisition to reduce the cost and accelerate the 
     schedule.
       (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.

                    Subtitle F--Studies and Reports

     SEC. 1061. ASSESSMENT OF GLOBAL FORCE POSTURE.

       (a) Assessment Required.--The Secretary of Defense shall, 
     in consultation with the Chairman of the Joint Chiefs of 
     Staff and the commanders of the combatant commands, provide 
     for and oversee an assessment of the global force posture of 
     the Armed Forces.
       (b) Report.--Not later than the earlier of 180 days after 
     the production of the 2018 National Defense Strategy (which 
     is intended to be closely coordinated with and complementary 
     to a new National Security Strategy) or December 31, 2018, 
     the Secretary shall submit to the Committees on Armed 
     Services of the Senate and the House of Representatives a 
     report on the assessment required by subsection (a). The 
     report shall include the following:
       (1) Recommendations for force size, structure, and basing 
     in Europe, the Middle East, and Asia Pacific that reflect and 
     complement the force sizing construct included in the 2018 
     National Defense Strategy in order to guide the growth of the 
     force structure of the Armed Forces, which recommendations 
     shall be based on an evaluation of the relative costs of 
     rotational and forward-based forces as well as impacts to 
     deployment timelines of threats to lines of communication and 
     anti-access area denial capabilities of potential 
     adversaries.
       (2) An assessment by each commander of a geographic 
     combatant command of the capability and force structure gaps 
     within the context of an evaluation of the potential threats 
     in the theater of operations of the combatant command 
     concerned and the operation plans that such combatant command 
     are expected to execute.
       (3) An evaluation of the concept of operations and the 
     sources of manpower for headquarters required to oversee and 
     direct execution of current operations plans.

[[Page S5333]]

  


     SEC. 1062. ARMY MODERNIZATION STRATEGY.

       (a) Strategy Required.--The Secretary of the Army shall 
     develop a modernization strategy for the total Army.
       (b) Elements.--The strategy required by subsection (a) 
     shall include the following:
       (1) A comprehensive description of the future total Army, 
     including key objectives, war fighting challenges, and risks, 
     sufficient to establish requirements, set priorities, 
     identify opportunity costs, and establish acquisition time 
     lines for the total Army over a period beyond the period of 
     the current future-years defense program under section 221 of 
     title 10, United States Code.
       (2) Mechanisms for identifying programs of the Army that 
     may be unnecessary, or do not perform according to 
     expectations, in achieving the future total Army.
       (3) A comprehensive description of the manner in which the 
     future total Army intends to fight and win as part of a joint 
     force engaged in combat across all operational domains.
       (4) A comprehensive description of the mechanisms required 
     by the future total Army to maintain command, control, and 
     communications and sustainment.
       (c) Particular Considerations.--In developing the strategy 
     required by subsection (a), the Secretary shall take into 
     particular account the following:
       (1) Current trends and developments in weapons and 
     equipment technologies.
       (2) New tactics and force design of peer adversaries, 
     including the rapid pace of development of such tactics and 
     force design by such adversaries.
       (d) Report.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary shall submit to the 
     congressional defense committees the strategy required by 
     subsection (a).
       (2) Form.--If the report is submitted in classified form, 
     the report shall be accompanied by an unclassified summary.

     SEC. 1063. REPORT ON ARMY PLAN TO IMPROVE OPERATIONAL UNIT 
                   READINESS BY REDUCING NUMBER OF NON-DEPLOYABLE 
                   SOLDIERS ASSIGNED TO OPERATIONAL UNITS.

       Not later than 90 days after the date of the enactment of 
     this Act, the Secretary of the Army shall submit to the 
     congressional defense committees a report on the plans of the 
     Army to improve operational unit readiness in the Army by 
     reducing the number of non-deployable soldiers assigned to 
     operational units of the Army and replacing such soldiers 
     with soldiers capable of world-wide deployment.

     SEC. 1064. EFFORTS TO COMBAT PHYSIOLOGICAL EPISODES ON 
                   CERTAIN NAVY AIRCRAFT.

       (a) In General.--Not later than 30 days after the date of 
     the enactment of this Act, and every 90 days thereafter until 
     January 1, 2020, the Secretary of the Navy shall provide to 
     the congressional defense committees information on efforts 
     by the Navy's Physiological Episode Team to combat the 
     prevalence of physiological episodes in F/A-18 Hornet and 
     Super Hornet, EA-18G Growler, and T-45 Goshawk aircraft.
       (b) Elements.--The information required under subsection 
     (a) shall include the following elements:
       (1) A description of Naval Aviation Enterprise activities 
     addressing physiological episodes during the reporting 
     period.
       (2) An estimate of funding expended in support of the 
     activities described under paragraph (1).
       (3) A description of any planned or executed changes to 
     Physiological Episode Team structure or processes.
       (4) A description of activities planned for the upcoming 
     two quarters.
       (c) Form.--The information required under subsection (a) 
     may be provided in a written report or a briefing.

     SEC. 1065. STUDIES ON AIRCRAFT INVENTORIES FOR THE AIR FORCE.

       (a) Independent Studies.--
       (1) In general.--The Secretary of Defense shall provide for 
     the performance of three independent studies of alternative 
     aircraft inventories through 2030, and an associated force-
     sizing construct, for the Air Force.
       (2) Submittal to congress.--Not later than March 1, 2019, 
     the Secretary shall submit the results of each study to the 
     congressional defense committees.
       (3) Form.--The result of each study shall be submitted in 
     unclassified form, but may include a classified annex.
       (b) Entities To Perform Studies.--The Secretary shall 
     provide for the studies under subsection (a) to be performed 
     as follows:
       (1) One study shall be performed by the Secretary of the 
     Air Force, in consultation with the Director of the Office of 
     Net Assessment.
       (2) One study shall be performed by a federally funded 
     research and development center.
       (3) One study shall be conducted by an independent, 
     nongovernmental institute which is described in section 
     501(c)(3) of the Internal Revenue Code of 1986 and exempt 
     from taxation under section 501(a) of such Code, and has 
     recognized credentials and expertise in national security and 
     military affairs.
       (c) Performance of Studies.--
       (1) Independent performance.--The Secretary shall require 
     the studies under this section to be conducted independently 
     of one another.
       (2) Matters to be considered.--In performing a study under 
     this section, the organization performing the study, while 
     being aware of current and projected aircraft inventories for 
     the Air Force, shall not be limited by such current or 
     projected aircraft inventories, and shall consider the 
     following matters:
       (A) The national security and national defense strategies 
     of the United States.
       (B) Potential future threats to the United States and to 
     United States air and space forces through 2030.
       (C) Traditional roles and missions of the Air Force.
       (D) Alternative roles and missions for the Air Force.
       (E) The force-sizing methodology and rationale used to 
     calculated aircraft inventory levels.
       (F) Other government and nongovernment analyses that would 
     contribute to the study through variations in study 
     assumptions or potential scenarios.
       (G) The role of evolving technology on future air forces, 
     including unmanned and space systems.
       (H) Opportunities for reduced operation and sustainment 
     costs.
       (I) Current and projected capabilities of other Armed 
     Forces that could affect force structure capability and 
     capacity requirements of the Air Force.
       (d) Study Results.--The results of each study under this 
     section shall--
       (1) identify a force-sizing construct for the Air Force 
     that connects national security strategy to aircraft 
     inventories;
       (2) present the alternative aircraft inventories 
     considered, with assumptions and possible scenarios 
     identified for each;
       (3) provide for presentation of minority views of study 
     participants; and
       (4) for the recommended inventories, provide--
       (A) the numbers and types of aircraft, the numbers and 
     types of manned and unmanned aircraft, and the basic 
     capabilities of each of such platforms;
       (B) describe the force-sizing rationale used to arrive at 
     the recommended inventory levels;
       (C) other information needed to understand the aircraft 
     inventories in basic form and the supporting analysis; and
       (D) options to address aircraft types whose retirement 
     commences before 2030.

     SEC. 1066. PLAN AND RECOMMENDATIONS FOR INTERAGENCY VETTING 
                   OF FOREIGN INVESTMENTS WITH POTENTIAL IMPACTS 
                   ON NATIONAL DEFENSE AND NATIONAL SECURITY.

       (a) Plan and Recommendations Required.--The Secretary of 
     Defense shall, in consultation with the Secretary of State 
     and the Secretary of Treasury, assess and develop a plan, and 
     recommendations for agencies of the United States Government 
     other than the Department of Defense, to improve the 
     effectiveness of interagency vetting of foreign investments 
     that could potentially impair both the national security of 
     the United States and the ability of the Department to defend 
     the nation, specifically investments from nations that pose 
     threats to the national security interests of the United 
     States.
       (b) Objectives.--The assessment, plan, and recommendations 
     required by subsection (a) shall have the following 
     objectives:
       (1) To increase collaboration and coordination among the 
     Department of Defense and other agencies of the United States 
     Government, including the Director of National Intelligence, 
     in the identification and prevention of foreign investments 
     that could potentially impair the national security of the 
     United States and the ability of the Department to defend the 
     nation.
       (2) To increase collaboration and cooperation among the 
     United States Government and governments of United States 
     allies and partners on investments described in paragraph 
     (1), including through information sharing.
       (3) To restrict investments described in paragraph (1) by 
     countries of special concern in critical technologies and 
     emerging technologies that are foundational for maintaining 
     the United States technological advantage.
       (c) Analysis of Issues.--The plan and recommendations 
     required by subsection (a) shall be based upon the results of 
     an analysis of issues as follows:
       (1) Whether the current interagency vetting processes and 
     policies place adequate focus on the country of origin of 
     each transaction, particularly when it is a country of 
     special concern, and whether certain transactions emanating 
     from those countries should be presumed to pose certain risks 
     to the ability of the Department to defend the nation.
       (2) What are the current or projected major vulnerabilities 
     of the Department pertaining to foreign investment, including 
     in the areas of cybersecurity, reliance on foreign suppliers 
     in the supply chain for defense equipment, limitations on 
     access to certain materials that are essential for national 
     defense, and the use of transportation assets and other 
     critical infrastructure for training, mobilizing, and 
     deploying forces.
       (3) Whether the current interagency vetting process for 
     foreign investments--
       (A) requires additional resources in order to be effective;
       (B) permits the Department adequate time to thoroughly 
     review transactions to conduct national security threat 
     assessments and also determine the impacts of transactions on 
     national defense;
       (C) adequately takes into account risks to the ability of 
     the Department to defend the

[[Page S5334]]

     nation posed by transactions before attempting to mitigate 
     them in various ways; and
       (D) provides adequate monitoring and compliance of 
     agreements to mitigate such risks.
       (4) Whether other agencies of the United States Government, 
     including the Department of the Interior, are aware of the 
     counterintelligence risks posed to facilities of the 
     Department by purchases or leases of nearby Federal land and 
     are cooperative in providing information to permit a proper 
     assessment of those risks.
       (5) Whether and to what extent industrial espionage is 
     occurring against private United States companies to obtain 
     commercial secrets related to critical or foundational 
     technologies.
       (6) Whether and to what extent future foreign investments 
     have the potential for any of the following:
       (A) To increase the cost to the Department of acquiring or 
     maintaining necessary defense-related equipment and systems.
       (B) To reduce the United States technological and 
     industrial advantage relative to any country of special 
     concern.
       (C) To give any country of special concern a heightened 
     ability to conduct information warfare against the United 
     States, including through the spread false or misleading 
     information to the American public and the manipulation of 
     American public opinion on critical public policy issues.
       (7) Whether currently mandated annual reports to Congress 
     on the interagency vetting of foreign investments provide 
     valuable information.
       (d) Elements.--The elements of the assessment, plan, and 
     recommendations required by subsection (a) shall include the 
     following:
       (1) A list of countries of special concern for investments 
     that could potentially impair the ability of the Department 
     to defend the nation.
       (2) A description of recent trends in foreign investment 
     transactions by countries of special concern, including joint 
     ventures, the sale of assets pursuant to bankruptcy, and the 
     purchase or lease of real estate in proximity to military 
     installations.
       (3) A description of any strategies used by countries of 
     special concern to exploit vulnerabilities in existing 
     foreign investment vetting processes and regulations.
       (4) An assessment of any market distortion or unfair 
     competition by any country of special concern that directly 
     or indirectly impairs the national security or the United 
     States and the ability of the Department to defend the 
     nation.
       (e) Reports.--
       (1) Interim report.--Not later than 90 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 on the progress of the 
     Secretary in developing the plan and recommendations required 
     by subsection (a).
       (2) Final report.--Not later than 180 days after the date 
     of the enactment of this Act, the Secretary shall submit to 
     the committees of Congress referred to in paragraph (1) a 
     report setting forth the plan and recommendations developed 
     pursuant to subsection (a).
       (3) Form.--Each report under this subsection shall be 
     submitted in unclassified form, but may include a classified 
     annex.

     SEC. 1067. REPORT ON AUTHORITIES FOR THE EMPLOYMENT, USE, AND 
                   STATUS OF NATIONAL GUARD AND RESERVE 
                   TECHNICIANS.

       (a) In General.--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 setting forth the results of a review, undertaken by 
     the Secretary for purposes of the report, 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.
       (b) Purposes.--The purposes of the review required pursuant 
     to 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 required 
     pursuant to subsection (a), the Secretary 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 shall ensure that the review required pursuant to 
     subsection (a) takes into account authorities, and 
     modifications of authorities, for the employment, use, and 
     status of National Guard and Reserve technicians 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 Elements.--In meeting the purposes of the 
     review as set forth in subsection (b), the review required 
     pursuant to subsection (a) 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 feasibility and advisability of extending 
     eligibility for benefits under the TRICARE program to 
     National Guard and Reserve technicians, including the types, 
     if any, of benefits whose extension would be feasible and 
     advisable.
       (4) 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) Report Elements.--The report required by subsection (a) 
     shall include the following:
       (1) The results of the review undertaken pursuant to 
     subsection (a), including on the matters set forth in 
     subsections (b) and (e).
       (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. 1068. CONFORMING REPEALS AND TECHNICAL AMENDMENTS IN 
                   CONNECTION WITH REPORTS OF THE DEPARTMENT OF 
                   DEFENSE WHOSE SUBMITTAL TO CONGRESS HAS 
                   PREVIOUSLY BEEN TERMINATED BY LAW.

       (a) Title 10, United States Code.--Title 10, United States 
     Code, is amended as follows:
       (1) Section 113(c) is amended--
       (A) by striking paragraph (2);
       (B) by striking ``(1)''; and
       (C) by redesignating subparagraphs (A), (B), and (C) as 
     paragraphs (1), (2), and (3), respectively.
       (2) Section 113 is further amended by striking subsection 
     (l).
       (3)(A) Section 115a is repealed.
       (B) The table of sections at the beginning of chapter 2 is 
     amended by striking the item relating to section 115a.
       (4) Section 386(c)(1) is amended by striking ``331,''.
       (5)(A) Section 235 is repealed.
       (B) The table of sections at the beginning of chapter 9 is 
     amended by striking the item relating to section 235.
       (6) Section 428 is amended by striking subsection (f).
       (7) Section 974(d) is amended by striking paragraph (3).
       (8) Section 1073b is amended--
       (A) by striking subsection (a); and
       (B) by redesignating subsections (b) and (c) as subsections 
     (a) and (b), respectively.
       (9) Section 1597 is amended--
       (A) by striking subsection (c);
       (B) by redesignating subsections (d), (e), and (f) as 
     subsections (c), (d), and (e), respectively; and
       (C) in subsection (c), as redesignated by subparagraph (B), 
     by striking ``or a master plan prepared under subsection 
     (c)''.
       (10) Section 1705 is amended--
       (A) by striking subsection (f); and
       (B) by redesignating subsections (g) and (h) as subsections 
     (f) and (g), respectively.
       (11) Section 1722b is amended by striking subsection (c).
       (12) Section 1781b is amended by striking subsection (d).
       (13) Section 2193b is amended--
       (A) by striking subsection (g); and
       (B) by redesignating subsection (h) as subsection (g).
       (14) Section 2262 is amended by striking subsection (d).
       (15) Section 2263 is amended--
       (A) by striking subsection (b); and
       (B) by redesignating subsection (c) as subsection (b).
       (16)(A) Section 2277 is repealed.
       (B) The table of sections at the beginning of chapter 135 
     is amended by striking the item relating to section 2277.
       (17) Section 2306b(l) is amended--
       (A) by striking paragraphs (4) and (5); and
       (B) by redesignating paragraphs (6), (7), (8), and (9) as 
     paragraphs (4), (5), and (6), and (7), respectively.
       (18)(A) Section 2313a is repealed.
       (B) The table of sections at the beginning of chapter 137 
     is amended by striking the item relating to section 2313a.
       (19) Section 2330a is amended by striking subsection (c).
       (20) Section 2350j is amended by striking subsection (f).

[[Page S5335]]

       (21) Section 2410i(c) is amended by striking the second 
     sentence.
       (22) Section 2475 is amended--
       (A) by striking subsection (a); and
       (B) by striking ``(b) Notification of Decision To Execute 
     Plan.--''.
       (23) Section 2506 is amended--
       (A) by striking ``(a) Departmental Guidance.--''; and
       (B) by striking subsection (b).
       (24) Section 2537 is amended--
       (A) by striking subsection (b); and
       (B) by redesignating subsection (c) as subsection (b).
       (25) Section 2564 is amended--
       (A) by striking subsection (e); and
       (B) by redesignating subsections (f) and (g) as subsection 
     (e) and (f), respectively.
       (26) Section 2831 is amended--
       (A) by striking subsection (e);
       (B) by redesignating subsection (f) as subsection (e); and
       (C) in subsection (e), as so redesignated--
       (i) by striking ``(1) Except as provided in paragraphs (2) 
     and (3), the Secretary'' and inserting ``The Secretary'';
       (ii) by striking paragraphs (2) and (3); and
       (iii) by redesignating subparagraphs (A) and (B) as 
     paragraphs (1) and (2), respectively.
       (27) Section 2859 is amended--
       (A) by striking subsection (c); and
       (B) by redesignating subsection (d) as subsection (c).
       (28) Section 2861 is amended by striking subsection (d).
       (29) Section 2866(b) is amended by striking paragraph (3).
       (30) Section 2912 is amended by striking subsection (d).
       (31)(A) Section 4316 is repealed.
       (B) The table of sections at the beginning of chapter 401 
     is amended by striking the item relating to section 4316.
       (32) Section 5144(d) is amended--
       (A) by striking ``(1)'' before ``The Commander''; and
       (B) by striking paragraph (2).
       (33) Section 10504 is amended--
       (A) by striking ``(a) Annual Report.--''; and
       (B) by striking subsection (b).
       (b) Title 32, United States Code.--Section 509 of title 32, 
     United States Code, is amended--
       (1) by striking subsection (k); and
       (2) by redesignating subsections (l) and (m) as subsections 
     (k) and (l), respectively.
       (c) Title 5, United States Code.--Section 9902(f)(2) of 
     title 5, United States Code, is amended--
       (1) by striking ``(A)'' after ``(2)''; and
       (2) by striking subparagraphs (B) and (C).
       (d) Department of Defense Authorization Act, 1985.--Section 
     1003 of the Department of Defense Authorization Act, 1985 
     (Public Law 98-525; 22 U.S.C. 1928 note) is amended by 
     striking subsections (c) and (d).
       (e) National Defense Authorization Act, Fiscal Year 1989.--
     Subsection (b) of section 1009 of the National Defense 
     Authorization Act, Fiscal Year 1989 (Public Law 100-456; 22 
     U.S.C. 1928 note) is repealed.
       (f) National Defense Authorization Act for Fiscal Years 
     1990 and 1991.--Section 211 of the National Defense 
     Authorization Act for Fiscal Years 1990 and 1991 (Public Law 
     101-189; 103 Stat. 1394) is amended by striking subsection 
     (e).
       (g) National Defense Authorization Act for Fiscal Year 
     1991.--Section 1518 of the National Defense Authorization Act 
     for Fiscal Year 1991 (Public Law 101-510; 24 U.S.C. 418) is 
     amended--
       (1) in subsection (c)(1), by striking ``Congress and'' in 
     the second sentence; and
       (2) in subsection (e)--
       (A) by striking paragraph (2);
       (B) by striking ``(1)'' before ``Not later than''; and
       (C) by redesignating subparagraphs (A) and (B) as 
     paragraphs (1) and (2), respectively.
       (h) National Defense Authorization Act for Fiscal Year 
     1994.--Section 1603 of the National Defense Authorization Act 
     for Fiscal Year 1994 (Public Law 103-160; 22 U.S.C. 2751 
     note) is amended by striking subsection (d).
       (i) National Defense Authorization Act for Fiscal Year 
     1995.--Section 533 of the National Defense Authorization Act 
     for Fiscal Year 1995 (Public Law 103-337; 10 U.S.C. 113 note) 
     is repealed.
       (j) National Defense Authorization Act for Fiscal Year 
     2000.--Section 366 of the National Defense Authorization Act 
     for Fiscal Year 2000 (Public Law 106-65; 10 U.S.C. 113 note) 
     is amended by striking subsection (f).
       (k) National Defense Authorization Act for Fiscal Year 
     2002.--The National Defense Authorization Act for Fiscal Year 
     2002 (Public Law 107-107) is amended as follows:
       (1) Section 346 (115 Stat. 1062) is amended--
       (A) by striking subsections (b) and (c); and
       (B) by redesignating subsection (d) as subsection (b).
       (2) Section 1008(d) (10 U.S.C. 113 note) is amended--
       (A) by striking ``(1)'' before ``On each''; and
       (B) by striking paragraph (2).
       (l) National Defense Authorization Act for Fiscal Year 
     2003.--Section 817 of the Bob Stump National Defense 
     Authorization Act for Fiscal Year 2003 (Public Law 107-314; 
     10 U.S.C. 2306a note) is amended--
       (1) by striking subsection (d); and
       (2) by redesignating subsection (e) as subsection (d).
       (m) National Defense Authorization Act for Fiscal Year 
     2004.--Section 1022 of the National Defense Authorization Act 
     for Fiscal Year 2004 (Public Law 108-136; 10 U.S.C. 271 note) 
     is amended--
       (1) by striking subsection (c); and
       (2) by redesignating subsections (d) and (e) as subsections 
     (c) and (d), respectively.
       (n) National Defense Authorization Act for Fiscal Year 
     2006.--The National Defense Authorization Act for Fiscal Year 
     2006 (Public Law 109-163) is amended as follows:
       (1) Section 123 (119 Stat. 3157) is amended--
       (A) by striking subsection (d); and
       (B) by redesignating subsection (e) as subsection (d).
       (2) Section 218(c) (119 Stat. 3171) is amended by striking 
     paragraph (3).
       (3) Section 1224 (10 U.S.C. 113 note) is repealed.
       (o) National Defense Authorization Act for Fiscal Year 
     2007.--Section 357 of the John Warner National Defense 
     Authorization Act for Fiscal Year 2007 (Public Law 109-364; 
     22 U.S.C. 4865 note) is amended--
       (1) by striking ``(a) Reconciliation Required.--''; and
       (2) by striking subsection (b).
       (p) National Defense Authorization Act for Fiscal Year 
     2008.--The National Defense Authorization Act for Fiscal Year 
     2008 (Public Law 110-181) is amended as follows:
       (1) Section 328 (10 U.S.C. 4544 note) is amended by 
     striking subsection (b).
       (2) Section 330 (122 Stat. 68) is amended by striking 
     subsection (e).
       (3) Section 845 (5 U.S.C. App. 5 note) is repealed.
       (q) National Defense Authorization Act for Fiscal Year 
     2009.--The Duncan Hunter National Defense Authorization Act 
     for Fiscal Year 2009 (Public Law 110-417) is amended as 
     follows:
       (1) Section 943 (122 Stat. 4578) is amended--
       (A) by striking subsection (e); and
       (B) by redesignating subsections (f), (g), and (h) as 
     subsections (e), (f), and (g), respectively.
       (2) Section 1014 (122 Stat. 4586) is amended by striking 
     subsection (c).
       (3) Section 1048 (122 Stat. 4603) is repealed.
       (r) National Defense Authorization Act for Fiscal Year 
     2010.--Section 121 of the National Defense Authorization Act 
     for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2211) is 
     amended--
       (1) by striking subsection (e); and
       (2) by redesignating subsection (f) as subsection (e).
       (s) National Defense Authorization Act for Fiscal Year 
     2011.--The Ike Skelton National Defense Authorization Act for 
     Fiscal Year 2011 (Public Law 111-383) is amended as follows:
       (1) Section 112(b) (124 Stat. 4153) is amended--
       (A) by striking paragraph (3); and
       (B) by redesignating paragraph (4) as paragraph (3).
       (2) Section 243 (10 U.S.C. 2358 note) is amended--
       (A) by striking subsection (c); and
       (B) by redesignating subsections (d) and (e) as subsections 
     (c) and (d), respectively.
       (3) Section 866(d) (10 U.S.C. 2302 note) is amended--
       (A) by striking ``(d) Reports.--'' and all that follows 
     through ``(2) Program assessment.--If the Secretary'' and 
     inserting the following:
       ``(d) Program Assessment.--If the Secretary''; and
       (B) by redesignating subparagraphs (A), (B), and (C) as 
     paragraphs (1), (2), and (3), respectively, and indenting the 
     left margin of such paragraphs, as so redesignated, two ems 
     from the left margin.
       (4) Section 1054 (10 U.S.C. 113 note) is repealed.
       (t) National Defense Authorization Act for Fiscal Year 
     2012.--The National Defense Authorization Act for Fiscal Year 
     2012 (Public Law 112-81) is amended as follows:
       (1) Subsection (b) of section 1102 (5 U.S.C. 9902 note) is 
     repealed.
       (2) Section 1207 (22 U.S.C. 2151 note) is amended--
       (A) by striking subsection (n); and
       (B) by redesignating subsections (o) and (p) as subsections 
     (n) and (o), respectively.
       (3) Section 2828 (10 U.S.C. 7291 note) is amended--
       (A) by striking ``(a) Metering Required.--''; and
       (B) by striking subsection (b).
       (4) Section 2867 (10 U.S.C. 2223a note) is amended by 
     striking subsection (d).
       (u) National Defense Authorization Act for Fiscal Year 
     2013.--The National Defense Authorization Act for Fiscal Year 
     2013 (Public Law 112-239) is amended as follows:
       (1) Section 126 (126 Stat. 1657) is amended--
       (A) by striking ``(a) Designation Required.--''; and
       (B) by striking subsection (b).
       (2) Section 144 (126 Stat. 1663) is amended by striking 
     subsection (c).
       (3) Section 716 (10 U.S.C. 1074g note) is amended--
       (A) by striking subsection (e); and
       (B) by redesignating subsections (f) and (g) as subsections 
     (e) and (f), respectively.
       (4) Section 738(e) (10 U.S.C. 1071 note) is amended--
       (A) by striking ``Reports Required.--'' and all that 
     follows through ``Not later than'' and inserting ``Report.--
     Not later than''; and
       (B) by striking paragraph (2).
       (5) Section 865 (126 Stat. 1861) is repealed.
       (6) Section 917 (126 Stat. 1878) is repealed.
       (7) Subsection (c) of section 921 (126 Stat. 1878) is 
     repealed.
       (8) Subsection (c) of section 1079 (10 U.S.C. 221 note) is 
     repealed.

[[Page S5336]]

       (9) Section 1211(d) (126 Stat. 1983) is amended--
       (A) by striking paragraph (3); and
       (B) by redesignating paragraph (4) as paragraph (3).
       (10) Section 1273 (22 U.S.C. 2421f) is amended--
       (A) by striking subsection (d); and
       (B) by redesignating subsection (e) as subsection (d).
       (11) Section 1276 (10 U.S.C. 2350c note) is amended--
       (A) by striking subsection (e); and
       (B) by redesignating subsections (f) and (g) as subsections 
     (e) and (f), respectively.
       (v) National Defense Authorization Act for Fiscal Year 
     2014.--The National Defense Authorization Act for Fiscal Year 
     2014 (Public Law 113-66) is amended as follows:
       (1) Section 907(c)(3) (10 U.S.C. 1564 note) is amended--
       (A) by striking ``Metrics.--'' and all that follows through 
     ``In developing the strategy'' and inserting ``Metrics.--In 
     developing the strategy''; and
       (B) by striking subparagraph (B).
       (2) Section 923 (10 U.S.C. prec. 421 note) is amended--
       (A) by striking subsection (b); and
       (B) by redesignating subsections (c), (d), and (e) as 
     subsections (b), (c), and (d), respectively.
       (3) Section 1249 (127 Stat. 925) is repealed.
       (4) Section 1611 (127 Stat. 947) is amended by striking 
     subsection (d).
       (5) Section 2916 (127 Stat. 1028) is amended--
       (A) by striking ``(a) Program of Decontamination 
     Required.--''; and
       (B) by striking subsection (b).
       (w) National Defense Authorization Act for Fiscal Year 
     2015.--The Carl Levin and Howard P. ``Buck'' McKeon National 
     Defense Authorization Act for Fiscal Year 2015 (Public Law 
     113-291) is amended as follows:
       (1) Section 232 (10 U.S.C. 2358 note) is amended--
       (A) by striking subsection (e); and
       (B) by redesignating subsections (f) and (g) as subsections 
     (e) and (f), respectively.
       (2) Section 914(d) (5 U.S.C. 5911 note) is amended--
       (A) by striking paragraphs (2) and (3); and
       (B) by redesignating paragraph (4) as paragraph (2).
       (3) Section 1052(b) (128 Stat. 3497) is amended--
       (A) by striking paragraph (2);
       (B) by striking ``Reports Required.--'' and all that 
     follows through ``Not later than'' and inserting ``Report.--
     Not later than''; and
       (C) by redesignating subparagraphs (A), (B), and (C) as 
     paragraphs (1), (2), and (3) and indenting the left margin of 
     such paragraphs, as so redesignated, two ems from the left 
     margin.
       (4) Section 1207 (10 U.S.C. 2342 note) is amended--
       (A) by striking subsection (d); and
       (B) by redesignating subsections (e) and (f) as subsections 
     (d) and (e), respectively.
       (5) Section 1209 (128 Stat. 3542) is amended by striking 
     subsection (d).
       (6) Section 1236 (128 Stat. 3559) is amended by striking 
     subsection (d).
       (7) Section 1325 (50 U.S.C. 3715) is amended--
       (A) by striking subsection (e); and
       (B) by redesignating subsections (f) and (g) as subsections 
     (e) and (f), respectively.
       (8) Section 1341 (50 U.S.C. 3741) is repealed.
       (9) Section 1342 (50 U.S.C. 3742) is repealed.
       (10) Section 1532(b) (128 Stat. 3613) is amended by 
     striking paragraph (5).
       (11) Section 1534 (128 Stat. 3616) is amended--
       (A) by striking subsection (g); and
       (B) by redesignating subsection (h) as subsection (g).
       (12) Section 1607 (128 Stat. 3625) is amended--
       (A) by striking subsection (b);
       (B) by redesignating subsections (c) and (d) as subsections 
     (b) and (c), respectively; and
       (C) in subsection (c), as redesignated by subparagraph (B), 
     by striking ``requirements under subsections (a) and (b)'' 
     and inserting ``requirement in subsection (a)''.
       (x) Intelligence Reform and Terrorism Prevention Act of 
     2004.--Section 3002(c) of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (50 U.S.C. 3343(c)) is 
     amended by striking paragraph (4).

     SEC. 1069. ANNUAL REPORTS ON APPROVAL OF EMPLOYMENT OR 
                   COMPENSATION OF RETIRED GENERAL OR FLAG 
                   OFFICERS BY FOREIGN GOVERNMENTS FOR EMOLUMENTS 
                   CLAUSE PURPOSES.

       (a) Annual Reports.--Section 908 of title 37, United States 
     Code, is amended by adding at the end the following new 
     subsection:
       ``(d) Annual Reports on Approvals for Retired General and 
     Flag Officers.--(1) Not later than January 31 each year, the 
     Secretaries of the military departments shall jointly submit 
     to the appropriate committees and Members of Congress a 
     report on each approval under subsection (b) for employment 
     or compensation described in subsection (a) for a retired 
     member of the armed forces in a general or flag officer grade 
     that was issued during the preceding year.
       ``(2) In this subsection, the appropriate committees and 
     Members of Congress are--
       ``(A) the Committee on Armed Services, the Committee on 
     Foreign Relations, and the Committee on Appropriations of the 
     Senate;
       ``(B) the Committee on Armed Services, the Committee on 
     Foreign Affairs, and the Committee on Appropriations of the 
     House of Representatives;
       ``(C) the Majority Leader and the Minority Leader of the 
     Senate; and
       ``(D) the Speaker of the House of Representatives and the 
     Minority Leader of the House of Representat