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115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-404
_______________________________________________________________________
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2018
----------
CONFERENCE REPORT
to accompany
H.R. 2810
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
November 9, 2017.--Ordered to be printed
115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-404
_______________________________________________________________________
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2018
__________
CONFERENCE REPORT
to accompany
H.R. 2810
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
November 9, 2017.--Ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
27-384 WASHINGTON : 2017
C O N T E N T S
----------
CONFERENCE REPORT................................................ 1
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE....... 761
Compliance with rules of the House of Representatives and
Senate regarding earmarks and congressionally directed
spending items............................................. 761
Summary of discretionary authorizations and budget authority
implication................................................ 761
Budgetary effects of this Act (sec. 4)....................... 762
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS................. 762
TITLE I--PROCUREMENT............................................. 762
Budget Items................................................. 762
Virginia-class submarine advanced procurement............ 762
Subtitle A--Authorization of Appropriations.................. 763
Authorization of appropriations (sec. 101)............... 763
Subtitle B--Army Programs.................................... 763
Authority to expedite procurement of 7.62mm rifles (sec.
111)................................................... 763
Limitation on availability of funds for Increment 2 of
the Warfighter Information Network-Tactical program
(sec. 112)............................................. 763
Limitation on availability of funds for upgrade of M113
vehicles (sec. 113).................................... 764
Subtitle C--Navy Programs.................................... 764
Aircraft carriers (sec. 121)............................. 764
Icebreaker vessel (sec. 122)............................. 765
Multiyear procurement authority for Arleigh Burke class
destroyers (sec. 123).................................. 766
Multiyear procurement authority for Virginia class
submarine program (sec. 124)........................... 766
Design and construction of the lead ship of the
amphibious ship replacement designated LX(R) or
amphibious transport dock designated LPD-30 (sec. 125). 767
Multiyear procurement authority for V-22 Osprey aircraft
(sec. 126)............................................. 767
Extension of limitation on use of sole-source
shipbuilding contracts for certain vessels (sec. 127).. 767
Limitation on availability of funds for the enhanced
multi-mission parachute system (sec. 128).............. 767
Report on Navy capacity to increase production of certain
rotary wing aircraft (sec. 129)........................ 768
Subtitle D--Air Force Programs............................... 768
Inventory requirement for Air Force fighter aircraft
(sec. 131)............................................. 768
Prohibition on availability of funds for retirement of E-
8 JSTARS aircraft (sec. 132)........................... 768
Requirement for continuation of JSTARS aircraft
recapitalization program (sec. 133).................... 768
Limitation on selection of single contractor for C-130H
avionics modernization program increment 2 (sec. 134).. 770
Limitation on availability of funds for EC-130H Compass
Call recapitalization program (sec. 135)............... 770
Limitation on retirement of U-2 and RQ-4 aircraft (sec.
136)................................................... 771
Cost-benefit analysis of upgrades to MQ-9 Reaper aircraft
(sec. 137)............................................. 771
Plan for modernization of the radar for F-16 fighter
aircraft of the National Guard (sec. 138).............. 772
Comptroller General review of Air Force fielding plan for
HH-60 replacement programs (sec. 139).................. 772
Subtitle E--Defense-Wide, Joint, and Multiservice Matters.... 772
F-35 economic order quantity contracting authority (sec.
141)................................................... 772
Authority for explosive ordnance disposal units to
acquire new or emerging technologies and capabilities
(sec. 142)............................................. 772
Requirement that certain aircraft and unmanned aerial
vehicles use specified standard data link (sec. 143)... 772
Reinstatement of requirement to preserve certain C-5
aircraft; mobility capability and requirements study
(sec. 144)............................................. 773
Legislative Provisions Not Adopted........................... 773
Limitation on availability of funds for Arleigh Burke
class destroyer........................................ 773
Extensions of authorities relating to construction of
certain vessels........................................ 773
Streamlining acquisition of intercontinental ballistic
missile security capability............................ 773
Authority to increase primary aircraft authorization of
Air Force and Air National Guard A-10 aircraft units
for purposes of facilitating A-10 conversion........... 774
Increase in amounts for enhancing intelligence,
surveillance, and reconnaissance capability............ 774
Limitation on demilitarization of certain cluster
munitions.............................................. 775
Littoral Combat Ship..................................... 775
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION............ 776
Subtitle A--Authorization of Appropriations.................. 776
Authorization of appropriations (sec. 201)............... 776
Subtitle B--Program Requirements, Restrictions, and
Limitations................................................ 776
Cost controls for presidential aircraft recapitalization
program (sec. 211)..................................... 776
Capital investment authority (sec. 212).................. 776
Prizes for advanced technology achievements (sec. 213)... 776
Joint Hypersonics Transition Office (sec. 214)........... 777
Department of Defense directed energy weapon system
prototyping and demonstration program (sec. 215)....... 777
Appropriate use of authority for prototype projects (sec.
216)................................................... 777
Mechanisms for expedited access to technical talent and
expertise at academic institutions to support
Department of Defense missions (sec. 217).............. 777
Modification of laboratory quality enhancement program
(sec. 218)............................................. 778
Reauthorization of Department of Defense Established
Program to Stimulate Competitive Research (sec. 219)... 778
Codification and enhancement of authorities to provide
funds for defense laboratories for research and
development of technologies for military missions (sec.
220)................................................... 778
Expansion of definition of competitive procedures to
include competitive selection for award of science and
technology proposals (sec. 221)........................ 778
Inclusion of modeling and simulation in test and
evaluation activities for purposes of planning and
budget certification (sec. 222)........................ 779
Limitation on availability of funds for F-35 Joint Strike
Fighter Follow-On Modernization (sec. 223)............. 779
Improvement of update process for populating mission data
files used in advanced combat aircraft (sec. 224)...... 779
Support for national security innovation and
entrepreneurial education (sec. 225)................... 779
Limitation on cancellation of designation Executive Agent
for a certain Defense Production Act program (sec. 226) 780
Subtitle C--Reports and Other Matters........................ 780
Columbia-class program accountability matrices (sec. 231) 780
Review of barriers to innovation in research and
engineering activities of the Department of Defense
(sec. 232)............................................. 781
Pilot program to improve incentives for technology
transfer from Department of Defense laboratories (sec.
233)................................................... 781
Competitive acquisition plan for low probability of
detection data link networks (sec. 234)................ 782
Clarification of selection dates for pilot program for
the enhancement of the research, development, test, and
evaluation centers of the Department of Defense (sec.
235)................................................... 782
Requirement for a plan to build a prototype for a new
ground combat vehicle for the Army (sec. 236).......... 782
Plan for successfully fielding the Integrated Air and
Missile Defense Battle Command System (sec. 237)....... 783
Legislative Provisions Not Adopted........................... 783
Codification and enhancement of authorities to provide
funds for defense laboratories for research and
development of technologies for military missions...... 783
Hypersonic airbreathing weapons capabilities............. 783
Limitation on availability of funds for MQ-25 unmanned
air system............................................. 784
Differentiation of research and development activities
from service activities................................ 784
Limitation on availability of funds for contract writing
systems................................................ 784
Strategy for use of virtual training technology.......... 784
Increase in funding for electronics and electronic
devices of the Army.................................... 785
Increase in funding for Historically Black Colleges and
Universities and Minority Institutions................. 785
STEM(MM) jobs action plan................................ 786
Jet noise reduction program of the Navy.................. 786
Process for coordination of studies and analysis research
of the Department of Defense........................... 786
Very-low profile hardware to interact with the Mobile
User Objective Systems and other systems............... 787
TITLE III--OPERATION AND MAINTENANCE............................. 787
Subtitle A--Authorization of Appropriations.................. 787
Authorization of appropriations (sec. 301)............... 787
Subtitle B--Energy and Environment........................... 787
Military Aviation and Installation Assurance Siting
Clearinghouse (sec. 311)............................... 787
Energy performance goals and master plan (sec. 312)...... 787
Payment to Environmental Protection Agency of stipulated
penalty in connection with Umatilla Chemical Depot,
Oregon (sec. 313)...................................... 788
Payment to Environmental Protection Agency of stipulated
penalty in connection with Longhorn Army Ammunition
Plant, Texas (sec. 314)................................ 788
Department of the Army cleanup and removal of petroleum,
oil, and lubricant associated with the Prinz Eugen
(sec. 315)............................................. 788
Centers for Disease Control study on health implications
of per- and polyfluoroalkyl substances contamination in
drinking water (sec. 316).............................. 788
Sentinel Landscapes Partnership (sec. 317)............... 788
Report on release of radium or radioactive material into
the groundwater near the industrial reserve plant in
Bethpage, New York (sec. 318).......................... 789
Subtitle C--Logistics and Sustainment........................ 789
Reauthorization of multi-trades demonstration project
(sec. 321)............................................. 789
Increased percentage of sustainment funds authorized for
realignment to restoration and modernization at each
installation (sec. 322)................................ 789
Guidance regarding use of organic industrial base (sec.
323)................................................... 789
Subtitle D--Reports.......................................... 790
Quarterly reports on personnel and unit readiness (sec.
331)................................................... 790
Biennial report on core depot-level maintenance and
repair capability (sec. 332)........................... 790
Annual report on personnel, training, and equipment needs
of non-federalized National Guard (sec. 333)........... 790
Annual report on military working dogs used by the
Department of Defense (sec. 334)....................... 790
Report on effects of climate change on Department of
Defense (sec. 335)..................................... 791
Report on optimization of training in and management of
special use airspace (sec. 336)........................ 791
Plan for modernized, dedicated Department of the Navy
adversary air training enterprise (sec. 337)........... 791
Updated guidance regarding biennial core report (sec.
338)................................................... 791
Subtitle E--Other Matters.................................... 792
Explosive safety board (sec. 341)........................ 792
Servicewomen's commemorative partnerships (sec. 342)..... 792
Limitation on availability of funds for advanced skills
management software system of the Navy (sec. 343)...... 792
Cost-benefit analysis of uniform specifications for
Afghan military or security forces (sec. 344).......... 792
Temporary installation reutilization authority for
arsenals, depots, and plants (sec. 345)................ 793
Comprehensive plan for sharing depot-level maintenance
best practices (sec. 346).............................. 793
Pilot program for operation and maintenance budget
presentation (sec. 347)................................ 793
Repurposing and reuse of surplus Army firearms (sec. 348) 793
Department of the Navy marksmanship awards (sec. 349).... 794
Civilian training for National Guard pilots and sensor
operator aircrews of MQ-9 unmanned aerial vehicles
(sec. 350)............................................. 794
Training for National Guard personnel on wildfire
response (sec. 351).................................... 795
Modification of the Second Division Memorial (sec. 352).. 795
Legislative Provisions Not Adopted........................... 795
Prohibition on application of hiring freezes at
Department of Defense industrial base facilities....... 795
Annual briefings on Army explosive ordnance disposal..... 795
Report on Arctic readiness............................... 796
Report on effects of increased automation of defense
industrial base on manufacturing workforce............. 796
Comptroller General review of Department of Defense cost
models used in making personnel decisions.............. 796
Authority to carry out environmental restoration
activities at National Guard and Reserve locations..... 796
Environmental oversight and remediation at Red Hill Bulk
Fuel Storage Facility.................................. 796
Increase in funding for civil military programs.......... 797
Report on maternity uniforms............................. 797
Status of compliance with process for communicating
availability of surplus ammunition..................... 798
Increase in funding for National Guard counter-drug
programs............................................... 798
Facilities demolition plan of the Army................... 798
Funding for environmental restoration, Navy.............. 799
Additional funding table matters......................... 799
Funding for environmental restoration, Air Force......... 799
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS...................... 799
Subtitle A--Active Forces.................................... 799
End strengths for active forces (sec. 401)............... 799
Revisions in permanent active duty end strength minimum
levels (sec. 402)...................................... 800
Subtitle B--Reserve Forces................................... 800
End strengths for Selected Reserve (sec. 411)............ 800
End strengths for Reserves on active duty in support of
the reserves (sec. 412)................................ 800
End strengths for military technicians (dual status)
(sec. 413)............................................. 800
Fiscal Year 2018 limitation on number of non-dual status
technicians (sec. 414)................................. 801
Maximum number of reserve personnel authorized to be on
active duty for operational support (sec. 415)......... 801
Number of members of the National Guard on full-time duty
in support of the reserves within the National Guard
Bureau (sec. 416)...................................... 801
Subtitle C--Authorization of Appropriations.................. 802
Military personnel (sec. 421)............................ 802
TITLE V--MILITARY PERSONNEL POLICY............................... 802
Subtitle A--Officer Personnel Policy......................... 802
Modification of deadline for submittal by officers of
written communications to promotion selection boards on
matters of importance to their selection (sec. 501).... 802
Clarification to exception for removal of officers from
list of officers recommended for promotion after 18
months without appointment (sec. 502).................. 802
Modification of requirement for specification of number
of officers who may be recommended for early retirement
by a Selective Early Retirement Board (sec. 503)....... 802
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. 504)................ 803
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. 505)...... 803
Clarification of effect of repeal of statutory
specification of general or flag officer grade for
various positions in the Armed Forces (sec. 506)....... 803
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. 507)............. 804
Flexibility in promotion of officers to positions of
Staff Judge Advocate to the Commandant of the Marine
Corps and Deputy Judge Advocate General of the Navy or
Air Force (sec. 508)................................... 804
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. 509)............................ 804
Subtitle B--Reserve Component Management..................... 804
Equal treatment of orders to serve on active duty under
section 12304a and 12304b of title 10, United States
Code (sec. 511)........................................ 804
Service credit for cyberspace experience or advanced
education upon original appointment as a commissioned
officer (sec. 512)..................................... 805
Consolidation of authorities to order members of the
reserve components of the Armed Forces to perform duty
(sec. 513)............................................. 805
Pilot program on use of retired senior enlisted members
of the Army National Guard as Army National Guard
recruiters (sec. 514).................................. 805
Subtitle C--General Service Authorities...................... 806
Part I--Matters Relating to Discharge and Correction of
Military Records........................................... 806
Consideration of additional medical evidence by boards
for the correction of military records and liberal
consideration of evidence relating to post-traumatic
stress disorder or traumatic brain injury (sec. 520)... 806
Public availability of information related to disposition
of claims regarding discharge or release of members of
the Armed Forces when the claims involve sexual assault
(sec. 521)............................................. 806
Confidential review of characterization of terms of
discharge of members who are victims of sex-related
offenses (sec. 522).................................... 806
Training requirements for members of boards for the
correction of military records and personnel who
investigate claims of retaliation (sec. 523)........... 807
Pilot program on use of video teleconferencing technology
by boards for the correction of military records and
discharge review boards (sec. 524)..................... 807
Part II--Other General Service Authorities................. 807
Modification of basis for extension of period for
enlistment in the Armed Forces under the Delayed Entry
Program (sec. 526)..................................... 807
Reauthorization of authority to order retired members to
active duty in high-demand, low-density assignments
(sec. 527)............................................. 808
Notification of members of the Armed Forces undergoing
certain administrative separations of potential
eligibility for veterans benefits (sec. 528)........... 808
Extension of authority of the Secretary of Veterans
Affairs to provide for the conduct of medical
disability examinations by contract physicians (sec.
529)................................................... 808
Provision of information on naturalization through
military service (sec. 530)............................ 808
Subtitle D--Military Justice and Other Legal Issues.......... 809
Clarifying amendments related to the Uniform Code of
Military Justice reform by the Military Justice Act of
2016 (sec. 531)........................................ 809
Enhancement of effective prosecution and defense in
courts-martial and related matters (sec. 532).......... 810
Punitive article under the Uniform Code of Military
Justice on wrongful broadcast or distribution of
intimate visual images or visual images of sexually
explicit conduct (sec. 533)............................ 810
Garnishment to satisfy judgment rendered for physically,
sexually, or emotionally abusing a child (sec. 534).... 811
Sexual assault prevention and response training for all
individuals enlisted in the Armed Forces under a
delayed entry program (sec. 535)....................... 811
Special Victims' Counsel training regarding the unique
challenges often faced by male victims of sexual
assault (sec. 536)..................................... 811
Inclusion of information in annual SAPRO reports
regarding military sexual harassment and incidents
involving nonconsensual distribution of private sexual
images (sec. 537)...................................... 811
Inclusion of information in annual SAPRO reports
regarding sexual assaults committed by a member of the
Armed Forces against the member's spouse or other
family member (sec. 538)............................... 812
Subtitle E--Member Education, Training, Resilience, and
Transition................................................. 812
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. 541)......................... 812
Improved employment assistance for members of the Army,
Navy, Air Force, and Marine Corps and veterans (sec.
542)................................................... 812
Limitation on release of military service academy
graduates to participate in professional athletics
(sec. 543)............................................. 813
Two-year extension of suicide prevention and resilience
program for the National Guard and Reserves (sec. 544). 813
Annual certifications related to Ready, Relevant Learning
Initiative of the Navy (sec. 545)...................... 813
Authority to expand eligibility for the United States
Military Apprenticeship Program (sec. 546)............. 814
Limitation on availability of funds for attendance of Air
Force enlisted personnel at Air Force officer
professional military education in-residence courses
(sec. 547)............................................. 814
Lieutenant Henry Ossian Flipper Leadership Scholarships
(sec. 548)............................................. 814
Pilot programs on appointment in the excepted service in
the Department of Defense of physically disqualified
former cadets and midshipmen (sec. 549)................ 814
Subtitle F--Defense Dependents' Education and Military Family
Readiness Matters.......................................... 815
Part I--Defense Dependents' Education Matters.............. 815
Assistance to schools with military dependent students
(sec. 551)............................................. 815
Transitions of military dependent students from
Department of Defense dependent schools to other
schools and among schools of local educational agencies
(sec. 552)............................................. 816
Report on educational opportunities in science,
technology, engineering, and mathematics for children
who are dependents of members of the Armed Forces (sec.
553)................................................... 816
Part II--Military Family Readiness Matters................. 817
Codification of authority to conduct family support
programs for immediate family members of members of the
Armed Forces assigned to special operations forces
(sec. 555)............................................. 817
Reimbursement for State licensure and certification costs
of a spouse of a member of the Armed Forces arising
from relocation to another State (sec. 556)............ 817
Temporary extension of extended period of protections for
members of uniformed services relating to mortgages,
mortgage foreclosure, and eviction (sec. 557).......... 818
Enhancing military childcare programs and activities of
the Department of Defense (sec. 558)................... 818
Direct hire authority for Department of Defense for
childcare services providers for Department child
development centers (sec. 559)......................... 818
Pilot program on public-private partnerships for telework
facilities for military spouses on military
installations outside the United States (sec. 560)..... 819
Subtitle G--Decorations and Awards........................... 819
Authorization for award of the Medal of Honor to Garlin
M. Conner for acts of valor during World War II (sec.
561)................................................... 819
Authorization for award of Distinguished-Service Cross to
Specialist Frank M. Crary for acts of valor in Vietnam
(sec. 562)............................................. 819
Subtitle H--Miscellaneous Reporting Requirements............. 820
Analysis and report on accompanied and unaccompanied
tours of duty in remote locations with high family
support costs (sec. 571)............................... 820
Review and reports on policies for regular and reserve
officer career management (sec. 572)................... 820
Review and report on effects of personnel requirements
and limitations on the availability of members of the
National Guard for the performance of funeral honors
duty for veterans (sec. 573)........................... 820
Review and report on authorities for the employment, use,
and status of National Guard and Reserve technicians
(sec. 574)............................................. 821
Assessment and report on expanding and contracting for
childcare services of the Department of Defense (sec.
575)................................................... 821
Review and report on compensation provided childcare
services providers of the Department of Defense (sec.
576)................................................... 821
Comptroller General of the United States assessment and
report on the Office of Complex Investigations within
the National Guard Bureau (sec. 577)................... 822
Modification of submittal date of Comptroller General of
the United States report on integrity of the Department
of Defense whistleblower program (sec. 578)............ 822
Subtitle I--Other Matters.................................... 822
Expansion of United States Air Force Institute of
Technology enrollment authority to include civilian
employees of the homeland security industry (sec. 581). 822
Conditional designation of Explosive Ordnance Disposal
Corps as a basic branch of the Army (sec. 582)......... 823
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 (sec. 583).. 823
Legislative Provisions Not Adopted........................... 823
Clarification of baselines for authorized numbers of
general and flag officers on active duty and in joint
duty assignments....................................... 823
Authority of promotion boards to recommend officers of
particular merit be placed at the top of the promotion
list................................................... 823
Direct employment pilot program for members of the
National Guard and Reserve............................. 824
Authority for officers to opt-out of promotion board
consideration.......................................... 824
Inclusion of specific email address block on certificate
of release or discharge from active duty (DD Form 214). 824
Plan to meet demand for cyberspace career fields in the
reserve components of the Armed Forces................. 824
Responsibility of Chiefs of Staff of the Armed Forces for
standards and qualifications for military specialties
within the Armed Forces................................ 824
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........................................ 825
Minimum confinement period required for conviction of
certain sex-related offenses committed by members of
the Armed Forces....................................... 825
Information for the Special Victims' Counsel or Victims'
Legal Counsel.......................................... 825
Consistent access to Special Victims' Counsel for former
dependents of members of the Armed Forces.............. 826
Inclusion of additional information in annual SAPRO
reports................................................ 826
Sexual assault prevention and response................... 826
Report on availability of postsecondary credit for skills
acquired during military service....................... 826
ROTC Cyber Institutes at the senior military colleges.... 826
Program to assist members in obtaining professional
credentials............................................ 827
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.................................. 827
Use of assistance under Department of Defense Tuition
Assistance Program for non-traditional education to
develop cybersecurity and computer coding skills....... 827
Sense of Senate on increasing enrollment in senior
reserve officers' training corps programs at minority-
serving institutions................................... 828
Education for dependents of certain retired members of
the Armed Forces....................................... 828
Replacement of military decorations at the request of
relatives of deceased members of the Armed Forces...... 828
Congressional Defense Service Medal...................... 828
Limitations on authority to revoke certain military
decorations awarded to members of the Armed Forces..... 829
Mechanisms to facilitate the obtaining by military
spouses of occupational licenses or credentials in
other states........................................... 829
Award of Vietnam Service Medal to veterans who
participated in Mayaguez rescue operation.............. 829
Award of medals or other commendations to handlers of
military working dogs and military working dogs........ 829
Eligibility of veterans of Operation End Sweep for
Vietnam Service Medal.................................. 830
Expedited replacement of military decorations for
veterans of World War II and the Korean War............ 830
Atomic Veterans Service Medal............................ 830
Authority of Secretary of the Army to award the Personnel
Protection Equipment award of the Army to former
members of the Army.................................... 830
Servicemembers' Group Life Insurance..................... 830
Voter registration....................................... 831
Sense of Congress regarding section 504 of title 10,
United States Code, on existing authority of the
Department of Defense to enlist individuals, not
otherwise eligible for enlistment, whose enlistment is
vital to the national interest......................... 831
Sense of Congress regarding nondiscrimination at United
States Military Academy................................ 831
Issuance of consolidated pregnancy and parenthood
instruction............................................ 831
Proof of period of military service for purposes of
interest rate limitation under the Servicemembers Civil
Relief Act............................................. 831
Report regarding possible improvements to processing
retirements and medical discharges..................... 832
Establishment of separation oath for members of the Armed
Forces................................................. 832
Authorization of support for Beyond Yellow Ribbon program 832
Criminal background checks of employees of the military
child care system and providers of child care services
and youth program services for military dependents..... 832
Review of TAP for women.................................. 833
Annual report on participation in the Transition
Assistance Program for members of the Armed Forces..... 833
Air Force pilot program on education and training and
certification of secondary and post-secondary students
as aircraft technicians................................ 833
Pilot program on integration of Department of Defense and
non-Federal efforts for civilian employment of members
of the Armed Forces.................................... 834
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS.............. 834
Subtitle A--Pay and Allowances............................... 834
Annual adjustment of basic monthly pay (sec. 601)........ 834
Prohibiting collection of additional amounts from members
living in units under Military Housing Privatization
Initiative (sec. 602).................................. 834
Limitation on modification of payment authority for
Military Housing Privatization Initiative housing (sec.
603)................................................... 834
Housing treatment for certain members of the Armed
Forces, and their spouses and other dependents,
undergoing a permanent change of station within the
United States (sec. 604)............................... 835
Extension of authority to provide temporary increase in
rates of basic allowance for housing under certain
circumstances (sec. 605)............................... 835
Reevaluation of BAH for the military housing area
including Staten Island (sec. 606)..................... 836
Subtitle B--Bonus and Special and Incentive Pays............. 836
One-year extension of certain bonus and special pay
authorities for reserve forces (sec. 611).............. 836
One-year extension of certain bonus and special pay
authorities for health care professionals (sec. 612)... 836
One-year extension of special pay and bonus authorities
for nuclear officers (sec. 613)........................ 837
One-year extension of authorities relating to title 37
consolidated special pay, incentive pay, and bonus
authorities (sec. 614)................................. 837
One-year extension of authorities relating to payment of
other title 37 bonuses and special pays (sec. 615)..... 837
Report regarding the national pilot shortage (sec. 616).. 837
Special aviation incentive pay and bonus authorities for
enlisted members who pilot remotely piloted aircraft
(sec. 617)............................................. 838
Technical and conforming amendments relating to 2008
consolidation of special pay authorities (sec. 618).... 838
Subtitle C--Disability Pay, Retired Pay, and Survivor
Benefits................................................... 838
Permanent extension and cost-of-living adjustments of
special survivor indemnity allowances under the
Survivor Benefit Plan (sec. 621)....................... 838
Adjustments to the Survivor Benefit Plan for members
electing lump sum payments of retired pay under the
modernized retirement system for members of the
uniformed services (sec. 622).......................... 839
Technical correction regarding election to participate in
modernized retirement system for reserve component
members experiencing a break in service (sec. 623)..... 839
Technical corrections to use of member's current pay
grade and years of service in a division of property
involving disposable retired pay (sec. 624)............ 839
Continuation pay for the Coast Guard (sec. 625).......... 839
Subtitle D--Other Matters.................................... 840
Land conveyance authority, Army and Air Force Exchange
Service property, Dallas, Texas (sec. 631)............. 840
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. 632)............................................. 840
Construction of domestic source requirement for footwear
furnished to enlisted members of the Armed Forces on
initial entry into the Armed Forces (sec. 633)......... 840
Review and update of regulations governing debt
collectors interactions with unit commanders of members
of the Armed Forces (sec. 634)......................... 840
Legislative Provisions Not Adopted........................... 841
Adjustment to Basic Allowance for Housing at with
dependents rate of certain members of the uniformed
services............................................... 841
Per diem allowance policies.............................. 841
Modification of authority of President to determine
alternative pay adjustment in annual basic pay of
members of the uniformed services...................... 842
Application of basic allowance for housing to members of
the uniformed services in the Virgin Islands........... 842
Reimbursement for state licensure and certification costs
of a member of the Armed Forces arising from separation
from the Armed Forces.................................. 842
Increase in maximum amount of aviation bonus for 12-month
period of obligated service............................ 843
Report regarding management of military commissaries and
exchanges.............................................. 843
Promotion of financial literacy concerning retirement
among members of the Armed Forces...................... 844
Inclusion of Department of Agriculture in Transition
Assistance Program..................................... 844
Report on use of second-destination transportation to
transport fresh fruit and vegetables to commissaries in
the Asia-Pacific region................................ 844
Sense of Senate on the use by exchange stores of small
businesses as suppliers................................ 844
Element in next quadrennial review of military
compensation on value assigned by members of the Armed
Forces to various aspects of military compensation..... 844
TITLE VII--HEALTH CARE PROVISIONS................................ 845
Subtitle A--TRICARE and Other Health Care Benefits........... 845
Continued access to medical care at facilities of the
uniformed services for certain members of the reserve
components (sec. 701).................................. 845
Modifications of cost-sharing requirements for the
TRICARE Pharmacy Benefits Program and treatment of
certain pharmaceutical agents (sec. 702)............... 845
Provision of hyperbaric oxygen therapy for certain
members of the Armed Forces (sec. 703)................. 846
Specification that individuals under the age of 21 are
eligible for hospice care services under the TRICARE
program (sec. 704)..................................... 846
Physical examinations for members of a reserve component
who are separating from the Armed Forces (sec. 705).... 846
Mental health assessments before members separate from
the Armed Forces (sec. 706)............................ 847
Expansion of sexual trauma counseling and treatment for
members of the reserve components (sec. 707)........... 847
Expedited evaluation and treatment for prenatal surgery
under the TRICARE program (sec. 708)................... 847
Subtitle B--Health Care Administration....................... 848
Maintenance of inpatient capabilities of military medical
treatment facilities located outside the United States
(sec. 711)............................................. 848
Modification of priority for evaluation and treatment of
individuals at military treatment facilities (sec. 712) 848
Clarification of administration of military medical
treatment facilities (sec. 713)........................ 849
Regular update of prescription drug pricing standard
under TRICARE retail pharmacy program (sec. 714)....... 850
Modification of execution of TRICARE contracting
responsibilities (sec. 715)............................ 850
Additional emergency uses for medical products to reduce
deaths and severity of injuries caused by agents of war
(sec. 716)............................................. 851
Modification of determination of average wait times at
urgent care clinics and pharmacies at military medical
treatment facilities under pilot program (sec. 717).... 851
Requirement for reimbursement by Department of Defense to
entities carrying out State vaccination programs for
costs of vaccines provided to covered beneficiaries
(sec. 718)............................................. 851
Extension of authority for Joint Department of Defense-
Department of Veterans Affairs Medical Facility
Demonstration Fund (sec. 719).......................... 852
Residency requirements for podiatrists (sec. 720)........ 852
Authorization of physical therapist assistants and
occupational therapy assistants to provide services
under the TRICARE program (sec. 721)................... 852
Selection of military commanders and directors of
military medical treatment facilities (sec. 722)....... 852
Subtitle C--Reports and Other Matters........................ 853
Pilot program on health care assistance system (sec. 731) 853
Feasibility study on conduct of pilot program on mental
health readiness of part-time members of the reserve
components of the Armed Forces (sec. 732).............. 853
Report on plan to improve pediatric care and related
services for children of members of the Armed Forces
(sec. 733)............................................. 854
Longitudinal medical study on blast pressure exposure of
members of the Armed Forces (sec. 734)................. 854
Study on safe opioid prescribing practices (sec. 735).... 854
Report on implementation of GAO recommendations (sec.
736)................................................... 855
Declassification by Department of Defense of certain
incidents of exposure of members of the Armed Forces to
toxic substances (sec. 737)............................ 855
Coordination by Veterans Health Administration of efforts
to understand effects of burn pits (sec. 738).......... 855
TRICARE technical amendments (sec. 739).................. 855
Legislative Provisions Not Adopted........................... 855
TRICARE Advantage demonstration program.................. 855
Modification of eligibility for TRICARE Reserve Select
and TRICARE Retired Reserve of certain members of the
reserve components..................................... 856
Mental health assessments for members of the Armed Forces
deployed in support of a contingency operation......... 857
Counseling and treatment for substance use disorders and
chronic pain management services for members who
separate from the Armed Forces......................... 857
Consolidation of cost-sharing requirements under TRICARE
Select and TRICARE Prime............................... 857
Contraception coverage parity under the TRICARE program.. 858
Training requirement for health care professionals
prescribing opioids for treatment of pain in the Armed
Forces................................................. 858
One-year extension of pilot program for prescription drug
acquisition cost parity in the TRICARE pharmacy
benefits program....................................... 858
Research of chronic traumatic encephalopathy............. 859
Prohibition on availability of funds for termination of
Vets4Warriors crisis hotline program................... 859
Pilot program on establishment of integrated health care
delivery systems....................................... 859
Authorization of intergovernmental agreements for the
provision of health screenings......................... 860
Tick-borne diseases...................................... 860
Report................................................... 860
Provision of support by Department of Defense to
Department of Veterans Affairs regarding electronic
health record system................................... 860
Increased collaboration with NIH to combat triple
negative breast cancer................................. 861
Encouraging transition of military medical professionals
into employment with Veterans Health Administration.... 861
Prohibition on conduct of certain medical research and
development projects................................... 861
Inclusion of gambling disorder in health assessments and
related research efforts of the Department of Defense.. 862
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND
RELATED MATTERS................................................ 862
Subtitle A--Acquisition Policy and Management................ 862
Statements of purpose for Department of Defense
acquisition (sec. 801)................................. 862
Management of intellectual property matters within the
Department of Defense (sec. 802)....................... 863
Performance of incurred cost audits (sec. 803)........... 863
Repeal of certain auditing requirements (sec. 804)....... 864
Increased simplified acquisition threshold (sec. 805).... 864
Requirements related to the micro-purchase threshold
(sec. 806)............................................. 865
Process for enhanced supply chain scrutiny (sec. 807).... 865
Defense policy advisory committee on technology (sec.
808)................................................... 865
Report on extension of development, acquisition, and
sustainment authorities of the military departments to
the United States Special Operations Command (sec. 809) 866
Technical and conforming amendments related to program
management provisions (sec. 810)....................... 866
Subtitle B--Amendments to General Contracting Authorities,
Procedures, and Limitations................................ 866
Modifications to cost or pricing data and reporting
requirements (sec. 811)................................ 866
Applicability of cost and pricing data certification
requirements (sec. 812)................................ 867
Sunset of certain provisions relating to the procurement
of goods other than United States goods (sec. 813)..... 868
Comptroller General report on health and safety records
(sec. 814)............................................. 868
Limitation on unilateral definitization (sec. 815)....... 869
Amendment to sustainment reviews (sec. 816).............. 869
Use of program income by eligible entities that carry out
procurement technical assistance programs (sec. 817)... 869
Enhanced post-award debriefing rights (sec. 818)......... 870
Amendments relating to information technology (sec. 819). 870
Change to definition of subcontract in certain
circumstances (sec. 820)............................... 870
Amendment relating to applicability of inflation
adjustments (sec. 821)................................. 870
Use of lowest price technically acceptable source
selection process (sec. 822)........................... 871
Exemption from design-build selection procedures (sec.
823)................................................... 871
Contract closeout authority (sec. 824)................... 871
Elimination of cost underruns as factor in calculation of
penalties for cost overruns (sec. 825)................. 871
Modification to annual meeting requirement of
Configuration Steering Boards (sec. 826)............... 872
Pilot program on payment of costs for denied Government
Accountability Office bid protests (sec. 827).......... 872
Subtitle C--Provisions Relating to Major Defense Acquisition
Programs................................................... 872
Revisions to definition of major defense acquisition
program (sec. 831)..................................... 872
Prohibition on use of lowest price technically acceptable
source selection process for major defense acquisition
programs (sec. 832).................................... 872
Role of the Chief of the armed force in material
development decision and acquisition system milestones
(sec. 833)............................................. 873
Requirement to emphasize reliability and maintainability
in weapon system design (sec. 834)..................... 873
Licensing of appropriate intellectual property to support
major weapon systems (sec. 835)........................ 874
Codification of requirements pertaining to assessment,
management, and control of operating and support costs
for major weapon systems (sec. 836).................... 874
Should-cost management (sec. 837)........................ 874
Improvements to test and evaluation processes and tools
(sec. 838)............................................. 875
Enhancements to transparency in test and evaluation
processes and data (sec. 839).......................... 875
Subtitle D--Provisions Relating to Acquisition Workforce..... 876
Enhancements to the civilian program management workforce
(sec. 841)............................................. 876
Credits to Department of Defense Acquisition Workforce
Development Fund (sec. 842)............................ 877
Improvements to the hiring and training of the
acquisition workforce (sec. 843)....................... 877
Extension and modifications to acquisition demonstration
project (sec. 844)..................................... 878
Subtitle E--Provisions Relating to Commercial Items.......... 878
Procurement through commercial e-commerce portals (sec.
846)................................................... 878
Revision to definition of commercial item (sec. 847)..... 879
Commercial item determinations (sec. 848)................ 879
Review of regulations on commercial items (sec. 849)..... 880
Training in commercial items procurement (sec. 850)...... 880
Subtitle F--Provisions Relating to Services Contracting...... 880
Improvement of planning for acquisition of services (sec.
851)................................................... 880
Standard guidelines for evaluation of requirements for
services contracts (sec. 852).......................... 881
Report on outcome-based services contracts (sec. 853).... 881
Pilot program for longer term multiyear service contracts
(sec. 854)............................................. 882
Subtitle G--Provisions Relating to Other Transaction
Authority and Prototyping.................................. 882
Contract authority for advanced development of initial or
additional prototype units (sec. 861).................. 882
Methods for entering into research agreements (sec. 862). 883
Education and training for transactions other than
contracts and grants (sec. 863)........................ 883
Other transaction authority for certain prototype
projects (sec. 864).................................... 883
Amendment to nontraditional and small contractor
innovation prototyping program (sec. 865).............. 883
Middle tier of acquisition for rapid prototype and rapid
fielding (sec. 866).................................... 884
Preference for use of other transactions and experimental
authority (sec. 867)................................... 884
Prototype projects to digitize defense acquisition
regulations, policies, and guidance, and empower user
tailoring of acquisition process (sec. 868)............ 884
Subtitle H--Provisions Relating to Software Acquisition...... 885
Noncommercial computer software acquisition
considerations (sec. 871).............................. 885
Defense Innovation Board analysis of software acquisition
regulations (sec. 872)................................. 885
Pilot program to use agile or iterative development
methods to tailor major software-intensive warfighting
systems and defense business systems (sec. 873)........ 885
Software development pilot program using agile best
practices (sec. 874)................................... 886
Pilot program for open source software (sec. 875)........ 887
Subtitle I--Other Matters.................................... 888
Extension of maximum duration of fuel storage contracts
(sec. 881)............................................. 888
Procurement of aviation critical safety items (sec. 882). 888
Modifications to the advisory panel on streamlining and
codifying acquisition regulations (sec. 883)........... 888
Repeal of expired pilot program for leasing commercial
utility cargo vehicles (sec. 884)...................... 889
Exception for business operations from requirement to
accept $1 coins (sec. 885)............................. 889
Development of Procurement Administrative Lead Time (sec.
886)................................................... 889
Notional milestones and standard timelines for contracts
for foreign military sales (sec. 887).................. 889
Assessment and authority to terminate or prohibit
contracts for procurement from Chinese companies
providing support to the Democratic People's Republic
of Korea (sec. 888).................................... 890
Report on defense contracting fraud (sec. 889)........... 890
Comptroller General report on contractor business system
requirements (sec. 890)................................ 890
Training on agile or iterative development methods (sec.
891)................................................... 890
Legislative Provisions Not Adopted........................... 891
Repeal of temporary suspension of public-private
competitions for conversion of Department of Defense
functions to performance by contractors................ 891
Ensuring transparency in acquisition programs............ 891
Waiver authority for purposes of expanding competition... 891
Treatment of independent research and development costs
on certain contracts................................... 891
Nontraditional contractor definition..................... 891
Repeal of domestic source restriction related to wearable
electronics............................................ 892
Identification of commercial services.................... 892
Acquisition positions in the Offices of the Secretaries
of the Military Departments............................ 893
Restriction on use of reverse auctions and lowest price
technically acceptable contracting methods for safety
equipment.............................................. 893
Department of Defense promotion of contractor compliance
with existing law...................................... 893
Major defense acquisition programs: display of budget
information............................................ 893
Modification to definition of commercial items........... 894
Preference for acquisition of commercial items........... 894
Exemption of certain contracts from inflation adjustments 894
Procurement exception relating to agreements with foreign
governments............................................ 894
Enhancing program licensing.............................. 894
Temporary limitation on aggregate annual amount available
for contract services.................................. 895
Sense of Congress regarding steel produced in the United
States................................................. 895
Improved transparency and oversight over Department of
Defense research, development, test, and evaluation
efforts and procurement activities related to medical
research............................................... 895
Rights in technical data related to medical research..... 895
Oversight, audit, and certification from the Defense
Contract Audit Agency for procurement activities
related to medical research............................ 896
Pilot program for adoption of acquisition strategy for
Defense Base Act insurance............................. 896
Annual report on limitation of subcontractor intellectual
property rights........................................ 896
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................. 897
Sense of Congress on the small turbine engine industrial
base................................................... 897
Modification to the HUBZone program...................... 897
Buy American Act training for Defense acquisition
workforce.............................................. 897
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT...... 898
Subtitle A--Office of the Secretary of Defense and Related
Matters.................................................... 898
Treatment of incumbent Under Secretary of Defense for
Acquisition, Technology, and Logistics (sec. 901)...... 898
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.
902)................................................... 898
Executive Schedule matters relating to Under Secretary of
Defense for Acquisition and Sustainment (sec. 903)..... 899
Consistent period of relief from active duty as a
commissioned officer of a regular component of the
Armed Forces for appointment to Under Secretary of
Defense positions (sec. 904)........................... 899
Qualifications for appointment and additional duties and
powers of certain officials within the Office of the
Under Secretary of Defense (Comptroller) (sec. 905).... 899
Redesignation of Principal Deputy Under Secretaries of
Defense as Deputy Under Secretaries of Defense and
related matters (sec. 906)............................. 900
Reduction of number and elimination of specific
designations of Assistant Secretaries of Defense (sec.
907)................................................... 900
Limitation on maximum number of Deputy Assistant
Secretaries of Defense (sec. 908)...................... 900
Appointment and responsibilities of Chief Information
Officer of the Department of Defense (sec. 909)........ 900
Chief Management Officer of the Department of Defense
(sec. 910)............................................. 902
Subtitle B--Data Management and Analytics.................... 902
Policy on treatment of defense business system data
related to business operations and management (sec.
911)................................................... 902
Transparency of defense management data (sec. 912)....... 902
Establishment of set of activities that use data
analysis, measurement, and other evaluation-related
methods to improve acquisition program outcomes (sec.
913)................................................... 903
Subtitle C--Organization of Other Department of Defense
Offices and Elements....................................... 903
Qualifications for appointment of Assistant Secretaries
of the military departments for financial management
(sec. 921)............................................. 903
Manner of carrying out reductions in major Department of
Defense headquarters activities pursuant to
headquarters reduction plan (sec. 922)................. 904
Certifications on cost savings achieved by reductions in
major Department of Defense headquarters activities
(sec. 923)............................................. 904
Corrosion control and prevention executives matters (sec.
924)................................................... 904
Background and security investigations for Department of
Defense personnel (sec. 925)........................... 904
Subtitle D--Miscellaneous Reporting Requirements............. 906
Additional elements in reports on policy, organization,
and management goals of the Secretary of Defense for
the Department of Defense (sec. 931)................... 906
Report and sense of Congress on responsibility for
developmental test and evaluation within the Office of
the Secretary of Defense (sec. 932).................... 907
Report on Office of Corrosion Policy and Oversight (sec.
933)................................................... 907
Subtitle E--Other Matters.................................... 908
Commission on the National Defense Strategy for the
United States (sec. 941)............................... 908
Legislative Provisions Not Adopted........................... 908
Responsibility of the Chief Information Officer of the
Department of Defense for risk management activities
regarding supply chain for information technology
systems................................................ 908
Redesignation of Under Secretary of Defense for Personnel
and Readiness as Under Secretary of Defense for
Personnel and Health................................... 908
Redesignation of the Department of the Navy as the
Department of the Navy and Marine Corps................ 908
Conforming amendments to title 10, United States Code.... 908
Modification of definition of OSD personnel for purposes
of limitation on number of Office of Secretary of
Defense personnel...................................... 909
Other provisions of law and other references............. 909
Effective date........................................... 909
Reduction in authorized number of Assistant Secretaries
of the military departments............................ 909
Briefing on force management level policy................ 909
Sense of Congress on cooperative program for information
security education..................................... 910
Completion of Department of Defense Directive 2310.07E
regarding missing persons.............................. 910
Reduction in limitation of number of Department of
Defense SES positions.................................. 910
Transfer of lead of Guam Oversight Council from the
Deputy Secretary of Defense to the Secretary of the
Navy................................................... 910
Requirement for National Language Service Corps.......... 910
TITLE X--GENERAL PROVISIONS...................................... 911
Subtitle A--Financial Matters................................ 911
General transfer authority (sec. 1001)................... 911
Consolidation, codification and improvement of certain
authorities and requirements in connection with the
audit of the financial statements of the Department of
Defense (sec. 1002).................................... 911
Improper payment matters (sec. 1003)..................... 912
Rankings of auditability of financial statements of the
organizations and elements of the Department of Defense
(sec. 1004)............................................ 912
Financial operations dashboard for the Department of
Defense (sec. 1005).................................... 912
Review and recommendations on efforts to obtain audit
opinion on full financial statements (sec. 1006)....... 913
Notification requirement for certain contracts for audit
services (sec. 1007)................................... 913
Subtitle B--Counterdrug Activities........................... 913
Extension of authority to support a unified counterdrug
and counterterrorism campaign in Colombia (sec. 1011).. 913
Venue for prosecution of maritime drug trafficking (sec.
1012).................................................. 914
Subtitle C--Naval Vessels and Shipyards...................... 914
National Defense Sealift Fund (sec. 1021)................ 914
Use of National Sea-Based Deterrence Fund for multiyear
procurement of certain critical components (sec. 1022). 916
Operational readiness of littoral combat ships on
extended deployment (sec. 1023)........................ 916
Availability of funds for retirement or inactivation of
Ticonderoga-class cruisers or dock landing ships (sec.
1024).................................................. 917
Policy of the United States on minimum number of battle
force ships (sec. 1025)................................ 917
Surveying ships (sec. 1026).............................. 918
Subtitle D--Counterterrorism................................. 918
Modification of authority on support of special
operations to combat terrorism (sec. 1031)............. 918
Termination of requirement to submit annual budget
justification display for Department of Defense
combating terrorism program (sec. 1032)................ 918
Prohibition on use of funds for transfer or release of
individuals detained at United States Naval Station,
Guantanamo Bay, Cuba, to the United States (sec. 1033). 918
Prohibition on use of funds to construct or modify
facilities in the United States to house detainees
transferred from United States Naval Station,
Guantanamo Bay, Cuba (sec. 1034)....................... 918
Prohibition on use of funds for transfer or release of
individuals detained at United States Naval Station,
Guantanamo Bay, Cuba, to certain countries (sec. 1035). 919
Prohibition on use of funds to close or relinquish
control of United States Naval Station, Guantanamo Bay,
Cuba (sec. 1036)....................................... 919
Sense of Congress regarding providing for timely victim
and family testimony in military commission trials
(sec. 1037)............................................ 919
Report on public availability of military commissions
proceedings (sec. 1038)................................ 920
Subtitle E--Miscellaneous Authorities and Limitations........ 920
Limitation on expenditure of funds for emergency and
extraordinary expenses for intelligence and
counterintelligence activities (sec. 1041)............. 920
Matters relating to the submittal of future-years defense
programs (sec. 1042)................................... 920
Modifications to humanitarian demining assistance
authorities (sec. 1043)................................ 921
Prohibition on charge of certain tariffs on aircraft
traveling through channel routes (sec. 1044)........... 921
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. 1045)............. 921
Prohibition on use of funds for retirement of legacy
maritime mine countermeasures platforms (sec. 1046).... 921
Report on western Pacific Ocean ship depot maintenance
capability and capacity (sec. 1047).................... 922
Annual training regarding the influence campaign of the
Russian Federation (sec. 1048)......................... 922
Workforce issues for military realignments in the Pacific
(sec. 1049)............................................ 922
Subtitle F--Studies and Reports.............................. 923
Elimination of reporting requirements terminated after
November 25, 2017, pursuant to section 1080 of the
National Defense Authorization Act for Fiscal Year 2016
(sec. 1051)............................................ 923
Report on transfer of defense articles to units
committing gross violations of human rights (sec. 1052) 923
Report on the National Biodefense Analysis and
Countermeasures Center (sec. 1053)..................... 924
Report on Department of Defense Arctic capability and
resource gaps and required infrastructure (sec. 1054).. 924
Review and assessment of Department of Defense personnel
recovery and nonconventional assisted recovery
mechanisms (sec. 1055)................................. 924
Mine warfare readiness inspection plan and report (sec.
1056).................................................. 925
Annual report on civilian casualties in connection with
United States military operations (sec. 1057).......... 925
Report on Joint Pacific Alaska Range Complex
modernization (sec. 1058).............................. 925
Report on alternatives to aqueous film forming foam (sec.
1059).................................................. 925
Assessment of global force posture (sec. 1060)........... 925
Army modernization strategy (sec. 1061).................. 926
Report on Army plan to improve operational unit readiness
by reducing number of non-deployable soldiers assigned
to operational units (sec. 1062)....................... 926
Efforts to combat physiological episodes on certain Navy
aircraft (sec. 1063)................................... 927
Studies on aircraft inventories for the Air Force (sec.
1064).................................................. 927
Department of Defense review of Navy capabilities in the
Arctic region (sec. 1065).............................. 927
Comprehensive review of maritime intelligence,
surveillance, reconnaissance, and targeting
capabilities (sec. 1066)............................... 927
Report on the need for a Joint Chemical-Biological
Defense Logistics Center (sec. 1067)................... 928
Missile Technology Control Regime Category I unmanned
aerial vehicle systems (sec. 1068)..................... 928
Recommendations for interagency vetting of foreign
investments affecting national security (sec. 1069).... 928
Briefing on prior attempted Russian cyber attacks against
defense systems (sec. 1070)............................ 929
Enhanced analytical and monitoring capability of the
defense industrial base (sec. 1071).................... 929
Report on defense of combat logistics and strategic
mobility forces (sec. 1072)............................ 929
Report on acquisition strategy to recapitalize the
existing system for undersea fixed surveillance (sec.
1073).................................................. 929
Report on implementation of requirements in connection
with the organization of the Department of Defense for
management of special operations forces and special
operations (sec. 1074)................................. 929
Report on the global food system and vulnerabilities
relevant to Department of Defense missions (sec. 1075). 930
Subtitle G--Modernizing Government Technology................ 931
Modernizing Government Technology Act (secs. 1076-1078).. 931
Subtitle H--Other Matters.................................... 931
Technical, conforming, and clerical amendments (sec.
1081).................................................. 931
Clarification of applicability of certain provisions of
law to civilian judges of the United States Court of
Military Commission Review (sec. 1082)................. 931
Modification of requirement relating to conversation of
certain military technician (dual status) positions to
civilian positions (sec. 1083)......................... 931
National Guard accessibility to Department of Defense
issued unmanned aircraft (sec. 1084)................... 932
Sense of Congress regarding aircraft carriers (sec. 1085) 932
Sense of Congress recognizing the United States Navy
Seabees (sec. 1086).................................... 932
Construction of memorial to the crew of the Apollo I
launch test accident at Arlington National Cemetery
(sec. 1087)............................................ 932
Department of Defense engagement with covered non-Federal
entities (sec. 1088)................................... 933
Prize competition to identify root cause of physiological
episodes on Navy, Marine Corps and Air Force training
and operational aircraft (sec. 1089)................... 933
Providing assistance to House of Representatives in
response to cybersecurity events (sec. 1090)........... 933
Transfer of surplus firearms to Corporation for the
Promotion of Rifle Practice and Firearms Safety (sec.
1091).................................................. 934
Collaboration between Federal Aviation Administration and
Department of Defense on unmanned aircraft systems
(sec. 1092)............................................ 934
Carriage of certain programming (sec. 1093).............. 935
National strategy for countering violent extremism (sec.
1094).................................................. 935
Sense of Congress regarding World War I (sec. 1095)...... 935
Notice to Congress of terms of Department of Defense
settlement agreements (sec. 1096)...................... 935
Office of Special Counsel reauthorization (sec. 1097).... 936
Air transportation of civilian Department of Defense
personnel to and from Afghanistan (sec. 1098).......... 936
Legislative Provisions Not Adopted........................... 936
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................................ 936
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............................................. 937
Information on Department of Defense funding in
Department press releases and related public statements
on programs, projects, and activities funded by the
Department............................................. 937
Restrictions on the overhaul and repair of vessels in
foreign shipyards...................................... 937
Authority to use video teleconferencing technology in
military commission procedures......................... 938
Authority to transfer individuals detained at United
States Naval Station, Guantanamo Bay, Cuba, to the
United States temporarily for emergency or critical
medical treatment...................................... 938
National Guard flyovers of public events................. 938
Transfer of funds to World War I Centennial Commission... 938
Prohibition on use of funds to designate or expand
Federal National Heritage Areas........................ 938
Requirement relating to transfer of excess Department of
Defense equipment to Federal and State agencies........ 938
Department of Defense integration of information
operations and cyber-enabled information operations.... 939
Sense of Congress on the basing of KC-46A aircraft
outside the continental United States.................. 939
Sense of Congress on use of test sites for research and
development on countering unmanned aircraft systems.... 939
Reports on infrastructure and capabilities of Lajes
Field, Portugal........................................ 940
Report on project, program, and portfolio management
standards.............................................. 940
Protection of Second Amendment rights of military
families............................................... 940
Recognition of the United States Special Operations
Command................................................ 941
Annual reports on approval of employment or compensation
of retired general or flag officers by foreign
governments for Emoluments Clause purposes............. 941
Findings and sense of Congress regarding the National
Guard Youth Challenge Program.......................... 941
Report on large-scale, joint exercises involving the air
and land domains....................................... 941
Sense of Congress regarding National Purple Heart
Recognition Day........................................ 942
Business case analysis on establishment of active duty
association and additional primary aircraft
authorization for the 168th Air Refueling Wing......... 942
Sense of Congress regarding Pacific War Memorial......... 942
Federal charter for Spirit of America.................... 943
Protection against misuse of Naval Special Warfare
Command insignia....................................... 943
Reconsideration of claims for disability compensation for
veterans who were the subjects of mustard gas or
Lewisite experiments during World War II............... 943
Exception to the interdepartmental waiver doctrine for
cleanup of vehicle crashes............................. 944
Prevention of certain health care providers from
providing non-department health care services to
veterans............................................... 944
Comptroller General report on Department of Defense
installation access control initiatives................ 944
Collaboration between Federal Aviation Administration and
Department of Defense on unmanned aircraft systems..... 945
Report on the circumstances surrounding the 2016 attacks
on the U.S.S. Mason.................................... 945
Comptroller General review of Department of Defense
implementation of open recommendations................. 945
Report on airports used by Mahan Air..................... 946
Open, Public, Electronic, and Necessary (OPEN) Government
Data Act............................................... 947
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.................................. 947
TITLE XI--CIVILIAN PERSONNEL MATTERS............................. 947
Direct hire authority for the Department of Defense for
personnel to assist in business transformation and
management innovation (sec. 1101)...................... 947
Extension of direct hire authority for Domestic Defense
Industrial Base Facilities and Major Range and Test
Facilities Base (sec. 1102)............................ 948
Extension of authority to provide voluntary separation
incentive pay for civilian employees of the Department
of Defense (sec. 1103)................................. 948
Additional Department of Defense science and technology
reinvention laboratories (sec. 1104)................... 948
One-year extension of authority to waive annual
limitation on premium pay and aggregate limitation on
pay for Federal civilian employees working overseas
(sec. 1105)............................................ 949
Direct hire authority for financial management experts in
the Department of Defense workforce (sec. 1106)........ 949
Extension of authority for temporary personnel
flexibilities for Domestic Defense Industrial Base
Facilities and Major Range and Test Facilities Base
civilian personnel (sec. 1107)......................... 949
One-year extension of temporary authority to grant
allowances, benefits, and gratuities to civilian
personnel on official duty in a combat zone (sec. 1108) 950
Extension of overtime rate authority for Department of
the Navy employees performing work aboard or dockside
in support of the nuclear-powered aircraft carrier
forward deployed in Japan (sec. 1109).................. 950
Pilot program on enhanced personnel management system for
cybersecurity and legal professionals in the Department
of Defense (sec. 1110)................................. 950
Establishment of senior scientific technical managers at
Major Range and Test Facility Base Facilities and
Defense Test Resource Management Center (sec. 1111).... 950
Legislative Provisions Not Adopted........................... 951
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..................... 951
Appointment of retired members of the Armed Forces to
positions in or under the Department of Defense........ 951
Authority for wavier of requirement for a baccalaureate
degree for positions in the Department of Defense on
cybersecurity and computer programming................. 951
Briefing on diversity in the civilian workforce on Air
Force installations.................................... 952
Elimination of the foreign exemption provision in regard
to overtime for Federal civilian employees temporarily
assigned to a foreign area............................. 952
Briefing on plans to develop and improve additive
manufacturing capabilities............................. 952
Expansion of SkillBridge initiative to include
participation by Federal agencies...................... 953
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS................... 954
Subtitle A--Assistance and Training.......................... 954
One-year extension of logistical support for coalition
forces supporting certain United States military
operations (sec. 1201)................................. 954
Support of special operations for irregular warfare (sec.
1202).................................................. 954
Obligation of funds in Special Defense Acquisition Fund
for precision guided munitions (sec. 1203)............. 955
Modification of defense institution capacity building and
authority to build capacity of foreign security forces
(sec. 1204)............................................ 955
Extension and modification of authority on training for
Eastern European national security forces in the course
of multilateral exercises (sec. 1205).................. 955
Global Security Contingency Fund (sec. 1206)............. 956
Defense Institute of International Legal Studies (sec.
1207).................................................. 956
Extension of participation in and support of the Inter-
American Defense College (sec. 1208)................... 956
Plan on improvement of ability of national security
forces of foreign countries participating in United
States capacity building programs to protect civilians
(sec. 1209)............................................ 957
Subtitle B--Matters Relating to Afghanistan and Pakistan..... 957
Extension of authority to transfer defense articles and
provide defense services to the military and security
forces of Afghanistan (sec. 1211)...................... 957
Extension and modification of authority for reimbursement
of certain coalition nations for support provided to
United States military operations (sec. 1212).......... 957
Special immigrant visas for Afghan allies (sec. 1213).... 959
Extension of authority to acquire products and services
produced in countries along a major route of supply to
Afghanistan (sec. 1214)................................ 959
Extension of semiannual report on enhancing security and
stability in Afghanistan (sec. 1215)................... 959
Human rights vetting of Afghan National Defense and
Security Forces (sec. 1216)............................ 959
Subtitle C--Matters Relating to Syria, Iraq, and Iran........ 959
Report on United States strategy in Syria (sec. 1221).... 959
Extension and modification of authority to provide
assistance to counter the Islamic State of Iraq and
Syria (sec. 1222)...................................... 960
Modification of authority to provide assistance to the
vetted Syrian opposition (sec. 1223)................... 961
Extension and modification of authority to support
operations and activities of the Office of Security
Cooperation in Iraq (sec. 1224)........................ 961
Modification and additional elements in annual report on
the military power of Iran (sec. 1225)................. 962
Extension of quarterly reports on confirmed ballistic
missile launches from Iran and imposition of sanctions
in connection with those launches (sec. 1226).......... 962
Limitation on use of funds for provision of man-portable
air defense systems to the vetted Syrian opposition
(sec. 1227)............................................ 962
Report on potential agreement with the Government of the
Russian Federation on the status of Syria (sec. 1228).. 963
Subtitle D--Matters Relating to the Russian Federation....... 963
Extension of limitation on military cooperation between
the United States and the Russian Federation (sec.
1231).................................................. 963
Prohibition on availability of funds relating to
sovereignty of the Russian Federation over Crimea (sec.
1232).................................................. 963
Sense of Congress on European security (sec. 1233)....... 964
Modification and extension of Ukraine Security Assistance
Initiative (sec. 1234)................................. 964
Limitation on availability of funds relating to
implementation of the Open Skies Treaty (sec. 1235).... 965
Sense of Congress on importance of nuclear capabilities
of NATO (sec. 1236).................................... 965
Report on Security Cooperation with respect to Western
Balkan countries (sec. 1237)........................... 965
Plan to respond in case of Russian noncompliance with the
New START Treaty (sec. 1238)........................... 966
Strategy to counter threats by the Russian Federation
(sec. 1239)............................................ 966
Strategy to counter the threat of malign influence by the
Russian Federation (sec. 1239A)........................ 967
Subtitle E--Intermediate-Range Nuclear Forces (INF) Treaty
Preservation Act of 2017................................... 967
INF Treaty Preservation Act of 2017 (secs. 1241-1242,
1246).................................................. 967
Compliance enforcement regarding Russian violations of
the INF Treaty (sec. 1243)............................. 968
Notification requirement related to Russian Federation
development of noncompliant systems and United States
actions regarding material breach of INF Treaty by the
Russian Federation (sec. 1244)......................... 969
Review of RS-26 ballistic missile (sec. 1245)............ 970
Subtitle F--Matters Relating to the Indo-Asia-Pacific Region. 970
Sense of Congress and Initiative on the Indo-Asia-Pacific
region (sec. 1251)..................................... 970
Report on strategy to prioritize United States defense
interests in the Indo-Asia-Pacific region (sec. 1252).. 971
Assessment of United States force posture and basing
needs in the Indo-Asia-Pacific region (sec. 1253)...... 971
Plan to enhance the extended deterrence and assurance
capabilities of the United States in the Asia-Pacific
region (sec. 1254)..................................... 972
Sense of Congress reaffirming security commitments to the
Governments of Japan and South Korea and trilateral
cooperation between the United States, Japan, and South
Korea (sec. 1255)...................................... 972
Strategy on North Korea (sec. 1256)...................... 973
North Korean nuclear intercontinental ballistic missiles
(sec. 1257)............................................ 974
Advancements in defense cooperation between the United
States and India (sec. 1258)........................... 974
Strengthening the defense partnership between the United
States and Taiwan (sec. 1259).......................... 975
Normalizing the transfer of defense articles and defense
services to Taiwan (sec. 1259A)........................ 975
Assessment on United States defense implications of
China's expanding global access (sec. 1259B)........... 976
Agreement supplemental to Compact of Free Association
with Palau (sec. 1259C)................................ 976
Study on United States interests in the Freely Associated
States (sec. 1259D).................................... 976
Subtitle G--Reports.......................................... 976
Modification of annual report on military and security
developments involving the People's Republic of China
(sec. 1261)............................................ 976
Modification of annual update of Department of Defense
Freedom of Navigation Operations report (sec. 1262).... 977
Report on strategy to defeat Al-Qaeda, the Taliban, the
Islamic State of Iraq and Syria (ISIS), and their
associated forces and co-belligerents (sec. 1263)...... 977
Report on and notice of changes made to the legal and
policy frameworks for the United States' use of
military force and related national security operations
(sec. 1264)............................................ 977
Report on military action of Saudi Arabia and its
coalition partners in Yemen (sec. 1265)................ 978
Submittal of Department of Defense Supplemental and Cost
of War Execution reports on quarterly basis (sec. 1266) 978
Consolidation of reports on United States Armed Forces,
civilian employees, and contractors deployed in support
of Operation Inherent Resolve and Operation Freedom's
Sentinel, and associated and successor operations (sec.
1267).................................................. 978
Comptroller General of the United States report on
pricing and availability with respect to foreign
military sales (sec. 1268)............................. 978
Annual report on military and security developments
involving the Russian Federation (sec. 1269)........... 979
Subtitle H--Other Matters.................................... 979
Security and stability strategy for Somalia (sec. 1271).. 979
Global Theater Security Cooperation Management
Information System (sec. 1272)......................... 979
Future years plan for the European Deterrence Initiative
(sec. 1273)............................................ 979
Extension of authority to enter into agreements with
participating countries in the American, British,
Canadian, and Australian Armies' Program (sec. 1274)... 980
United States military and diplomatic strategy for Yemen
(sec. 1275)............................................ 980
Transfer of excess high mobility multipurpose wheeled
vehicles to foreign countries (sec. 1276).............. 980
Department of Defense program to protect United States
students against foreign agents (sec. 1277)............ 982
Limitation and extension of United States-Israel anti-
tunnel cooperation authority (sec. 1278)............... 982
Anticorruption strategy (sec. 1279)...................... 982
Strategy to improve defense institutions and security
sector forces in Nigeria (sec. 1279A).................. 983
Limitation on availability of funds to implement the Arms
Trade Treaty (sec. 1279B).............................. 983
Cultural Heritage Protection Coordinator (sec. 1279C).... 983
Security assistance for Baltic nations for joint program
for joint interoperability and deterrence against
aggression (sec. 1279D)................................ 984
Restriction on funding for the Preparatory Commission for
the Comprehensive Nuclear-Test-Ban Treaty Organization
(sec. 1279E)........................................... 984
Clarification of authority to support border security
operations of certain foreign countries (sec. 1279F)... 984
Legislative Provisions Not Adopted........................... 985
Sense of Congress on cybersecurity cooperation with
Ukraine................................................ 985
Extension of Commanders' Emergency Response Program and
related authorities.................................... 985
Report on United States strategy in Afghanistan.......... 985
Sense of Congress relating to Dr. Shakil Afridi.......... 986
Sense of Congress regarding the Afghan special immigrant
visa program........................................... 986
Report on impact of humanitarian crisis on achievement of
United States security objectives in Syria............. 986
Sense of Congress on threats posed by the Government of
Iran................................................... 987
Report on merits of an Incidents at Sea agreement between
the United States, Iran, and certain other countries... 987
Report on steps and protocols related to the rescue,
care, and treatment of captives of the Islamic State... 987
Report on use by the Government of Iran of commercial
aircraft and related services for illicit activities... 988
Strategy for Syria and Iraq.............................. 988
Sense of Congress on support for Georgia................. 988
Sense of Congress on support for Estonia, Latvia, and
Lithuania.............................................. 989
Russian aggression and the security environment in Europe 989
Limitation on availability of funds to extend the
implementation of the New START Treaty................. 989
Short title.............................................. 991
Sense of Congress on the importance of the North Atlantic
Treaty Organization Intelligence Fusion Center......... 991
Findings and sense of Congress........................... 991
Strategy to increase conventional precision strike weapon
stockpiles in the United States European Command's
areas of responsibility................................ 991
Plan to counter the military capabilities of the Russian
Federation............................................. 991
Sense of Congress on enhancing maritime capabilities..... 992
Plan to reduce the risks of miscalculation and unintended
consequences that could precipitate a nuclear war...... 992
Definitions.............................................. 993
Expansion of military-to-military engagement with the
Government of Burma.................................... 993
Sense of Congress on the importance of the rule of law in
the South China Sea.................................... 993
Sense of Congress on freedom of navigation operations in
the South China Sea.................................... 994
Sense of Congress on the Association of Southeast Asian
Nations................................................ 994
Sense of Congress on reaffirming the importance of the
United States-Australia defense alliance............... 995
NATO Cooperative Cyber Defense Center of Excellence...... 995
NATO Strategic Communications Center of Excellence....... 996
Report by Defense Intelligence Agency on certain military
capabilities of China and Russia....................... 996
Sense of Congress on the North Atlantic Treaty
Organization........................................... 997
Sense of Congress on the export of defense articles to
Turkey................................................. 997
Sense of Congress on reaffirming strategic partnerships
and allies............................................. 997
Sense of Congress on consideration of impact of marine
debris in trade agreements............................. 997
Sense of Congress regarding the Chibok schoolgirls and
Boko Haram............................................. 997
Report on Iran and North Korea nuclear and ballistic
missile cooperation.................................... 998
Contingency plans relating to South Sudan................ 998
Sense of Congress on the Western Hemisphere region....... 998
Sense of Congress relating to increases in defense
capabilities of United States allies................... 999
Prohibition on use of funds to conduct military
operations in Yemen.................................... 999
Annual report on attempts of the Russian Federation to
provide disinformation and propaganda to members of the
Armed Forces by social media........................... 999
Support of European Deterrence Initiative to deter
Russian aggression..................................... 1000
Sense of Congress on the European Deterrence Initiative.. 1000
Enhancement of Ukraine Security Assistance Initiative.... 1000
Report on the capabilities and activities of the Islamic
State of Iraq and Syria and other violent extremist
groups in Southeast Asia............................... 1001
Sense of Congress on the Islamic State of Iraq and Syria. 1001
TITLE XIII--COOPERATIVE THREAT REDUCTION......................... 1001
Specification of Cooperative Threat Reduction funds (sec.
1301).................................................. 1001
Funding allocations (sec. 1302).......................... 1001
TITLE XIV--OTHER AUTHORIZATIONS.................................. 1002
Subtitle A--Military Programs................................ 1002
Working Capital Funds (sec. 1401)........................ 1002
Chemical agents and munitions destruction, Defense (sec.
1402).................................................. 1002
Drug interdiction and counter-drug activities Defense-
wide (sec. 1403)....................................... 1002
Defense Inspector General (sec. 1404).................... 1002
Defense Health Program (sec. 1405)....................... 1002
National Defense Sealift Fund (sec. 1406)................ 1002
Subtitle B--Other Matters.................................... 1003
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. 1411)...................... 1003
Authorization of appropriations for Armed Forces
Retirement Home (sec. 1412)............................ 1003
Armed Forces Retirement Home matters (sec. 1413)......... 1003
Authority to dispose of certain materials from and to
acquire additional materials for the National Defense
Stockpile (sec. 1414).................................. 1003
Acquisition reporting on major chemical demilitarization
programs of the Department of Defense (sec. 1415)...... 1004
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS
CONTINGENCY OPERATIONS......................................... 1004
Subtitle A--Authorization of Appropriations.................. 1004
Purpose and treatment of certain authorizations of
appropriations (sec. 1501)............................. 1004
Overseas contingency operations (sec. 1502).............. 1004
Procurement (sec. 1503).................................. 1004
Research, development, test, and evaluation (sec. 1504).. 1004
Operation and maintenance (sec. 1505).................... 1005
Military personnel (sec. 1506)........................... 1005
Working capital funds (sec. 1507)........................ 1005
Drug Interdiction and Counter-Drug Activities, Defense-
wide (sec. 1508)....................................... 1005
Defense Inspector General (sec. 1509).................... 1005
Defense Health Program (sec. 1510)....................... 1005
Subtitle B--Financial Matters................................ 1005
Treatment as additional authorizations (sec. 1511)....... 1006
Special transfer authority (sec. 1512)................... 1006
Subtitle C--Limitations, Reports, and Other Matters.......... 1006
Afghanistan Security Forces Fund (sec. 1521)............. 1006
Joint Improvised-Threat Defeat Fund (sec. 1522).......... 1007
Comptroller General report on feasibility of separation
of expenditures (sec. 1523)............................ 1007
Guidelines for budget items to be covered by overseas
contingency operations accounts (sec. 1524)............ 1007
Legislative Provisions Not Adopted........................... 1007
Enhancement of database of emergency response
capabilities of the Department of Defense.............. 1007
TITLE XVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS... 1008
Subtitle A--Space Activities................................. 1008
Space acquisition and management and oversight (sec.
1601).................................................. 1008
Codification, extension, and modification of limitation
on construction on United States territory of satellite
positioning ground monitoring stations of foreign
governments (sec. 1602)................................ 1010
Foreign commercial satellite services: cybersecurity
threats and launches (sec. 1603)....................... 1010
Extension of pilot program on commercial weather data
(sec. 1604)............................................ 1010
Evolved Expendable Launch Vehicle modernization and
sustainment of assured access to space (sec. 1605)..... 1010
Demonstration of backup and complementary positioning,
navigation, and timing capabilities of Global
Positioning System (sec. 1606)......................... 1011
Enhancement of positioning, navigation, and timing
capacity (sec. 1607)................................... 1011
Commercial satellite communications pathfinder program
(sec. 1608)............................................ 1012
Launch support and infrastructure modernization (sec.
1609).................................................. 1012
Limitation on availability of funding for Joint Space
Operations Center mission system (sec. 1610)........... 1012
Limitation on use of funds for Delta IV launch vehicle
(sec. 1611)............................................ 1012
Air Force space contractor responsibility watch list
(sec. 1612)............................................ 1012
Certification and briefing on operational and contingency
plans for loss or degradation of space capabilities
(sec. 1613)............................................ 1013
Report on protected satellite communications (sec. 1614). 1013
Sense of Congress on establishment of Space Flag training
event (sec. 1615)...................................... 1013
Sense of Congress on coordinating efforts to prepare for
space weather events (sec. 1616)....................... 1014
Sense of Congress on National Space Defense Center (sec.
1617).................................................. 1014
Subtitle B--Defense Intelligence and Intelligence-Related
Activities................................................. 1014
Security clearances for facilities of certain contractors
(sec. 1621)............................................ 1014
Extension of authority to engage in certain commercial
activities (sec. 1622)................................. 1014
Submission of audits of commercial activity funds (sec.
1623).................................................. 1014
Clarification of annual briefing on the intelligence,
surveillance, and reconnaissance requirements of the
combatant commands (sec. 1624)......................... 1015
Consideration of service by recipients of Boren
scholarships and fellowships in excepted service
positions as service by such recipients under career
appointments for purposes of career tenure (sec. 1625). 1015
Review of support provided by Defense intelligence
elements to acquisition activities of the Department
(sec. 1626)............................................ 1015
Establishment of Chairman's controlled activity within
Joint Staff for intelligence, surveillance, and
reconnaissance (sec. 1627)............................. 1015
Requirements relating to multi-use sensitive
compartmented information facilities (sec. 1628)....... 1016
Limitation on availability of funds for certain offensive
counterintelligence activities (sec. 1629)............. 1016
Subtitle C--Cyberspace-Related Matters....................... 1016
Part I--General Cyber Matters.............................. 1016
Notification requirements for sensitive military cyber
operations and cyber weapons (sec. 1631)............... 1016
Modification to quarterly cyber operations briefings
(sec. 1632)............................................ 1017
Policy of the United States on cyberspace, cybersecurity,
and cyber warfare (sec. 1633).......................... 1017
Prohibition on use of products and services developed or
provided by Kaspersky Lab (sec. 1634).................. 1018
Modification of authorities relating to establishment of
unified combatant command for cyber operations (sec.
1635).................................................. 1018
Modification of definition of acquisition workforce to
include personnel contributing to cybersecurity systems
(sec. 1636)............................................ 1019
Integration of strategic information operations and
cyber-enabled information operations (sec. 1637)....... 1019
Exercise on assessing cybersecurity support to election
systems of States (sec. 1638).......................... 1020
Measurement of compliance with cybersecurity requirements
for industrial control systems (sec. 1639)............. 1020
Strategic Cybersecurity Program (sec. 1640).............. 1020
Plan to increase cyber and information operations,
deterrence, and defense (sec. 1641).................... 1021
Evaluation of agile or iterative development of cyber
tools and applications (sec. 1642)..................... 1021
Assessment of defense critical infrastructure (sec. 1643) 1021
Cyber posture review (sec. 1644)......................... 1021
Briefing on cyber capability and readiness shortfalls
(sec. 1645)............................................ 1022
Briefing on cyber applications of blockchain technology
(sec. 1646)............................................ 1022
Briefing on training infrastructure for cyber mission
forces (sec. 1647)..................................... 1022
Report on termination of dual-hat arrangement for
Commander of the United States Cyber Command (sec.
1648).................................................. 1022
Part II--Cybersecurity Education........................... 1023
Cyber Scholarship Program (sec. 1649).................... 1023
Community college cyber pilot program and assessment
(sec. 1649A)........................................... 1023
Federal Cyber Scholarship-For-Service program updates
(sec. 1649B)........................................... 1023
Cybersecurity teaching (sec. 1649C)...................... 1023
Subtitle D--Nuclear Forces................................... 1024
Annual assessment of cyber resiliency of nuclear command
and control system (sec. 1651)......................... 1024
Collection, storage, and sharing of data relating to
nuclear security enterprise (sec. 1652)................ 1024
Notifications regarding dual-capable F-35A aircraft (sec.
1653).................................................. 1024
Oversight of delayed acquisition programs by Council on
Oversight of the National Leadership Command, Control,
and Communications System (sec. 1654).................. 1024
Establishment of Nuclear Command and Control Intelligence
Fusion Center (sec. 1655).............................. 1025
Security of nuclear command, control, and communications
system from commercial dependencies (sec. 1656)........ 1025
Oversight of aerial-layer programs by Council on
Oversight of the National Leadership Command, Control,
and Communications System (sec. 1657).................. 1026
Security classification guide for programs relating to
nuclear command, control, and communications and
nuclear deterrence (sec. 1658)......................... 1026
Evaluation and enhanced security of supply chain for
nuclear command, control, and communications and
continuity of government programs (sec. 1659).......... 1026
Procurement authority for certain parts of
intercontinental ballistic missile fuzes (sec. 1660)... 1027
Presidential National Voice Conferencing System and
Phoenix Air-to-Ground Communications Network (sec.
1661).................................................. 1027
Limitation on pursuit of certain command and control
concept (sec. 1662).................................... 1027
Prohibition on availability of funds for mobile variant
of ground-based strategic deterrent missile (sec. 1663) 1028
Prohibition on reduction of the intercontinental
ballistic missiles of the United States (sec. 1664).... 1028
Modification to annual report on plan for the nuclear
weapons stockpile, nuclear weapons complex, nuclear
weapons delivery systems, and nuclear weapons command
and control system (sec. 1665)......................... 1028
Establishment of procedures for implementation of Nuclear
Enterprise Review (sec. 1666).......................... 1028
Report on impacts of nuclear proliferation (sec. 1667)... 1028
Certification that the Nuclear Posture Review addresses
deterrent effect and operation of United States nuclear
forces in current and future security environments
(sec. 1668)............................................ 1029
Plan to manage Integrated Tactical Warning and Attack
Assessment System and multi-domain sensors (sec. 1669). 1029
Certification requirement with respect to strategic
radiation hardened trusted microelectronics (sec. 1670) 1030
Nuclear Posture Review (sec. 1671)....................... 1030
Sense of Congress on importance of independent nuclear
deterrent of United Kingdom (sec. 1672)................ 1030
Subtitle E--Missile Defense Programs......................... 1030
Administration of missile defense and defeat programs
(sec. 1676)............................................ 1030
Condition for proceeding beyond low-rate initial
production (sec. 1677)................................. 1031
Preservation of the ballistic missile defense capacity of
the Army (sec. 1678)................................... 1031
Modernization of Army lower tier air and missile defense
sensor (sec. 1679)..................................... 1032
Defense of Hawaii from North Korean ballistic missile
attack (sec. 1680)..................................... 1032
Designation of location of continental United States
interceptor site (sec. 1681)........................... 1033
Aegis Ashore anti-air warfare capability (sec. 1682)..... 1033
Development of persistent space-based sensor architecture
(sec. 1683)............................................ 1033
Iron Dome short-range rocket defense system and Israeli
Cooperative Missile Defense Program co-development and
co-production (sec. 1684).............................. 1034
Boost phase ballistic missile defense (sec. 1685)........ 1035
Ground-based interceptor capability, capacity, and
reliability (sec. 1686)................................ 1036
Limitation on availability of funds for ground-based
midcourse defense element of the ballistic missile
defense system (sec. 1687)............................. 1036
Plan for development of space-based ballistic missile
intercept layer (sec. 1688)............................ 1037
Sense of Congress on the state of the missile defense of
the United States (sec. 1689).......................... 1037
Sense of Congress and report on ground-based midcourse
defense testing (sec. 1690)............................ 1038
Subtitle F--Other Matters.................................... 1038
Commission to Assess the Threat to the United States from
Electromagnetic Pulse Attacks and Similar Events (sec.
1691).................................................. 1038
Protection of certain facilities and assets from unmanned
aircraft (sec. 1692)................................... 1038
Conventional prompt global strike weapons system (sec.
1693).................................................. 1040
Business case analysis regarding ammonium perchlorate
(sec. 1694)............................................ 1041
Report on industrial base for large solid rocket motors
and related technologies (sec. 1695)................... 1041
Pilot program on enhancing information sharing for
security of supply chain (sec. 1696)................... 1041
Pilot program on electromagnetic spectrum mapping (sec.
1697).................................................. 1042
Use of commercial items in Distributed Common Ground
Systems (sec. 1698).................................... 1042
Legislative Provisions Not Adopted........................... 1042
Establishment of subordinate unified command of the
United States Strategic Command........................ 1042
Policy of the United States with respect to
classification of space as a combat domain............. 1042
Conditional transfer of acquisition and funding authority
of certain weather missions to National Reconnaissance
Office................................................. 1043
Report on space-based nuclear detection.................. 1043
Sense of Congress on new commercial satellite servicing
activities............................................. 1043
Prohibition on use of software platforms developed by
Kaspersky Lab.......................................... 1043
Prohibition on availability of funds for certain
relocation activities for NATO intelligence fusion
center................................................. 1044
Sense of Congress and report on geospatial commercial
activities for basic and applied research and
development............................................ 1044
Department of Defense Counterintelligence polygraph
program................................................ 1045
Security clearance for dual-nationals.................... 1045
Suspension or revocation of security clearances based on
unlawful or inappropriate contacts with representatives
of a foreign government................................ 1045
Strategy for the offensive use of cyber capabilities..... 1045
Definition of deterrence in the context of cyber
operations............................................. 1046
Short title.............................................. 1046
Review of proposed ground-based midcourse defense system
contract............................................... 1046
Short title.............................................. 1046
Evaluation and evolution of terrestrial ground-based
midcourse defense sensors.............................. 1047
Sense of Congress on establishing an award program for
the cyber community of the Department of Defense....... 1048
Report on integration of modernization and sustainment of
nuclear triad.......................................... 1048
Report on progress made in implementing the Cyber
Excepted Personnel System.............................. 1048
TITLE XVII--SMALL BUSINESS PROCUREMENT AND INDUSTRIAL BASE
MATTERS........................................................ 1048
Amendments to HUBZone provisions of the Small Business
Act (sec. 1701)........................................ 1048
Uniformity in procurement terminology (sec. 1702)........ 1049
Improving reporting on small business goals (sec. 1703).. 1049
Responsibilities of Business Opportunity Specialists
(sec. 1704)............................................ 1050
Responsibilities of commercial market representatives
(sec. 1705)............................................ 1050
Modification of past performance pilot program to include
consideration of past performance with allies of the
United States (sec. 1706).............................. 1050
Notice of cost-free Federal procurement technical
assistance in connection with registration of small
business concerns on procurement websites of the
Department of Defense (sec. 1707)...................... 1050
Inclusion of SBIR and STTR programs in technical
assistance (sec. 1708)................................. 1050
Requirements relating to competitive procedures and
justification for awards under the SBIR and STTR
programs (sec. 1709)................................... 1051
Pilot program for streamlined technology transition from
the SBIR and STTR programs of the Department of Defense
(sec. 1710)............................................ 1051
Pilot program on strengthening manufacturing in the
defense industrial base (sec. 1711).................... 1051
Review regarding applicability of foreign ownership,
control, or influence requirements of National
Industrial Security Program to national technology and
industrial base companies (sec. 1712).................. 1052
Report on sourcing of tungsten and tungsten powders from
domestic producers (sec. 1713)......................... 1052
Report on utilization of small business concerns for
Federal contracts (sec. 1714).......................... 1052
Legislative Provisions Not Adopted........................... 1052
Office of Women's Business Ownership..................... 1052
Women's Business Center Program.......................... 1053
Matching requirements under Women's Business Center
Program................................................ 1053
SCORE reauthorization.................................... 1053
SCORE program............................................ 1053
Online component......................................... 1053
Study and report on the future role of the SCORE program. 1054
Technical and conforming amendments...................... 1054
Use of authorized entrepreneurial development programs... 1054
Marketing of services.................................... 1054
Data collection.......................................... 1054
Fees from private partnerships and cosponsorships........ 1055
Equity for small business development centers............ 1055
Confidentiality requirements............................. 1055
Limitation on award of grants to small business
development centers.................................... 1055
TITLE XVIII--GOVERNMENT PURCHASE AND TRAVEL CARDS................ 1056
Government purchase and travel cards (secs. 1801-1806)... 1056
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS................. 1056
Summary.................................................. 1056
Short title (sec. 2001).................................. 1056
Expiration of authorizations and amounts required to be
specified by law (sec. 2002)........................... 1056
Effective date (sec. 2003)............................... 1056
TITLE XXI--ARMY MILITARY CONSTRUCTION............................ 1057
Summary.................................................. 1057
Authorized Army construction and land acquisition
projects (sec. 2101)................................... 1057
Family housing (sec. 2102)............................... 1057
Improvements to military family housing units (sec. 2103) 1058
Authorization of appropriations, Army (sec. 2104)........ 1058
Modification of authority to carry out certain fiscal
year 2014 project (sec. 2105).......................... 1058
Modification of authority to carry out certain fiscal
year 2015 project (sec. 2106).......................... 1058
Extension of authorization of certain fiscal year 2014
project (sec. 2107).................................... 1058
Extension of authorizations of certain fiscal year 2015
projects (sec. 2108)................................... 1059
Additional authority to carry out certain fiscal year
2000, 2005, 2006, and 2007 projects (sec. 2109)........ 1059
TITLE XXII--NAVY MILITARY CONSTRUCTION........................... 1059
Summary.................................................. 1059
Authorized Navy construction and land acquisition
projects (sec. 2201)................................... 1060
Family housing (sec. 2202)............................... 1060
Improvements to military family housing units (sec. 2203) 1060
Authorization of appropriations, Navy (sec. 2204)........ 1060
Extension of authorizations for certain fiscal year 2014
projects (sec. 2205)................................... 1060
Extension of authorizations of certain fiscal year 2015
projects (sec. 2206)................................... 1061
Legislative Provisions Not Adopted........................... 1061
Modification of authority to carry out certain fiscal
year 2016 project...................................... 1061
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION..................... 1061
Summary.................................................. 1061
Authorized Air Force construction and land acquisition
projects (sec. 2301)................................... 1063
Family housing (sec. 2302)............................... 1063
Improvements to military family housing units (sec. 2303) 1063
Authorization of appropriations, Air Force (sec. 2304)... 1063
Modification of authority to carry out certain fiscal
year 2017 projects (sec. 2305)......................... 1063
Extension of authorizations of certain fiscal year 2015
projects (sec. 2306)................................... 1064
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION............... 1064
Summary.................................................. 1064
Authorized Defense Agencies construction and land
acquisition projects (sec. 2401)....................... 1066
Authorized energy resiliency and conservation projects
(sec. 2402)............................................ 1066
Authorization of appropriations, Defense Agencies (sec.
2403).................................................. 1066
Modification of authority to carry out certain fiscal
year 2017 project (sec. 2404).......................... 1066
Extension of authorizations of certain fiscal year 2014
projects (sec. 2405)................................... 1066
Extension of authorizations of certain fiscal year 2015
projects (sec. 2406)................................... 1067
TITLE XXV--INTERNATIONAL PROGRAMS................................ 1067
Summary.................................................. 1067
Subtitle A--North Atlantic Treaty Organization Security
Investment Program......................................... 1067
Authorized NATO construction and land acquisition
projects (sec. 2501)................................... 1067
Authorization of appropriations, NATO (sec. 2502)........ 1067
Subtitle B--Host Country In-Kind Contributions............... 1068
Republic of Korea funded construction projects (sec.
2511).................................................. 1068
Modification of authority to carry out certain fiscal
year 2017 projects (sec. 2512)......................... 1068
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES.................. 1068
Summary.................................................. 1068
Subtitle A--Project Authorizations and Authorization of
Appropriations............................................. 1069
Authorized Army National Guard construction and land
acquisition projects (sec. 2601)....................... 1069
Authorized Army Reserve construction and land acquisition
projects (sec. 2602)................................... 1069
Authorized Navy Reserve and Marine Corps Reserve
construction and land acquisition projects (sec. 2603). 1069
Authorized Air National Guard construction and land
acquisition projects (sec. 2604)....................... 1069
Authorized Air Force Reserve construction and land
acquisition projects (sec. 2605)....................... 1070
Authorization of appropriations, National Guard and
Reserve (sec. 2606).................................... 1070
Subtitle B--Other Matters.................................... 1070
Modification of authority to carry out certain fiscal
year 2015 project (sec. 2611).......................... 1070
Extension of authorizations of certain fiscal year 2014
projects (sec. 2612)................................... 1070
Extension of authorizations of certain fiscal year 2015
projects (sec. 2613)................................... 1070
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES............. 1071
Authorization of appropriations for base realignment and
closure activities funded through Department of Defense
base closure account (sec. 2701)....................... 1071
Prohibition on conducting additional base realignment and
closure (BRAC) round (sec. 2702)....................... 1071
Legislative Provisions Not Adopted........................... 1071
Update to report on infrastructure capacity.............. 1071
TITLE XXVIII--MILITARY CONSTRUCTION AND GENERAL PROVISIONS....... 1071
Subtitle A--Military Construction Program and Military Family
Housing.................................................... 1071
Elimination of written notice requirement for military
construction activities and reliance on electronic
submission of notifications and reports (sec. 2801).... 1071
Modification of thresholds applicable to unspecified
minor construction projects (sec. 2802)................ 1072
Annual locality adjustment of dollar thresholds
applicable to unspecified minor military construction
authorities (sec. 2803)................................ 1072
Extension of temporary, limited authority to use
operation and maintenance funds for construction
projects outside the United States (sec. 2804)......... 1072
Use of operation and maintenance funds for military
construction projects to replace facilities damaged or
destroyed by natural disasters or terrorism incidents
(sec. 2805)............................................ 1073
Annual report on unfunded requirements for laboratory
military construction projects (sec. 2806)............. 1073
Subtitle B--Real Property and Facilities Administration...... 1073
Elimination of written notice requirement for military
real property transactions and reliance on electronic
submission of notifications and reports (sec. 2811).... 1073
Certification related to certain acquisitions or leases
of real property (sec. 2812)........................... 1073
Increased term limit for intergovernmental support
agreements to provide installation support services
(sec. 2813)............................................ 1073
Authorizing reimbursement of States for costs of
suppressing wildfires caused by Department of Defense
activities on State lands; restoration of lands of
other Federal agencies for damage caused by Department
of Defense vehicle mishaps (sec. 2814)................. 1074
Criteria for exchanges of property at military
installations (sec. 2815).............................. 1074
Land exchange valuation of property with reduced
development that limits encroachment on military
installations (sec. 2816).............................. 1074
Requirements for window fall prevention devices in
military family housing (sec. 2817).................... 1074
Prohibiting use of updated assessment of public schools
on Department of Defense installations to supersede
funding of certain projects (sec. 2818)................ 1075
Access to military installations by transportation
network companies (sec. 2819).......................... 1075
Subtitle C--Project Management and Oversight Reforms......... 1075
Notification requirement for certain cost increases (sec.
2821).................................................. 1075
Annual report on schedule delays (sec. 2822)............. 1075
Report on design errors and omissions related to Fort
Bliss hospital replacement project (sec. 2823)......... 1076
Report on cost increase and delay related to USSTRATCOM
command and control facility project at Offutt Air
Force Base (sec. 2824)................................. 1076
Subtitle D--Energy Resilience................................ 1077
Energy resilience (sec. 2831)............................ 1077
Authority to use energy cost savings for energy
resilience, mission assurance, and weather damage
repair and prevention measures (sec. 2832)............. 1077
Consideration of energy security and energy resilience in
awarding energy and fuel contracts for military
installations (sec. 2833).............................. 1077
Requirement to address energy resilience in exercising
utility system conveyance authority (sec. 2834)........ 1077
In-kind lease payments; prioritization of utility
services that promote energy resilience (sec. 2835).... 1077
Annual Department of Defense energy management reports
(sec. 2836)............................................ 1077
Aggregation of energy efficiency and energy resilience
projects in life cycle cost analyses (sec. 2837)....... 1078
Subtitle E--Land Conveyances................................. 1078
Land exchange, Naval Industrial Reserve Ordnance Plant,
Sunnyvale, California (sec. 2841)...................... 1078
Land Conveyance, Mountain Home Air Force Base, Idaho
(sec. 2842)............................................ 1078
Lease of real property to the United States Naval Academy
Alumni Association and Naval Academy Foundation at
United States Naval Academy, Annapolis, Maryland (sec.
2843).................................................. 1078
Land Conveyance, Natick Soldier Systems Center,
Massachusetts (sec. 2844).............................. 1078
Land exchange, Naval Air Station Corpus Christi, Texas
(sec. 2845)............................................ 1079
Imposition of additional conditions on future use of
Castner Range, Fort Bliss, Texas (sec. 2846)........... 1079
Land conveyance, former missile alert facility known as
Quebec-01, Laramie County, Wyoming (sec. 2847)......... 1079
Subtitle F--Military Memorials, Monuments, and Museums....... 1079
Recognition of the National Museum of World War II
Aviation (sec. 2861)................................... 1079
Principal office of Aviation Hall of Fame (sec. 2862).... 1080
Establishment of a visitor services facility on the
Arlington Ridge tract (sec. 2863)...................... 1080
Modification of prohibition on transfer of veterans
memorial objects to foreign governments without
specific authorization in law (sec. 2864).............. 1080
Subtitle G--Other Matters.................................... 1080
Authority of the Secretary of the Air Force to accept
lessee improvements at Air Force Plant 42 (sec. 2871).. 1080
Modification of Department of Defense guidance on use of
airfield pavement markings (sec. 2872)................. 1081
Authority of Chief Operating Officer of Armed Forces
Retirement Home to acquire and lease property (sec.
2873).................................................. 1081
Restrictions on rehabilitation of Over-the-Horizon
Backscatter Radar Station (sec. 2874).................. 1081
Permitting machine room-less elevators in Department of
Defense facilities (sec. 2875)......................... 1081
Disclosure of beneficial ownership by foreign persons of
high security space leased by the Department of Defense
(sec. 2876)............................................ 1082
Joint use of Dobbins Air Reserve Base, Marietta, Georgia,
with civil aviation (sec. 2877)........................ 1082
Report on hurricane damage to Department of Defense
assets (sec. 2878)..................................... 1082
Special rules for certain projects (sec. 2879)........... 1082
Energy security for military installations in Europe
(sec. 2880)............................................ 1083
Legislative Provisions Not Adopted........................... 1083
Authority to use expiring funds for certain military
construction projects.................................. 1083
Authorized cost increases................................ 1083
Clarification of applicability of fair market value
consideration in grants of easements on military lands
for rights-of-way...................................... 1083
Modification of unspecified minor military construction
project authority to cover correction of deficiencies
that are threats to installation resilience............ 1084
Improved process for disposal of Department of Defense
surplus real property located overseas................. 1084
Land Conveyance, Naval Ship Repair Facility, Guam........ 1084
Removal of certain deed restrictions and reversions
associated with the conveyance of property of former
Defense Depot Ogden, Utah.............................. 1085
Land Conveyance, Wasatch-Cache National Forest, Rich
County, Utah........................................... 1085
Indefinite duration of certain military land withdrawals
and reservations and improved management of withdrawn
and reserved lands..................................... 1085
Temporary segregation from public land laws of property
subject to proposed military land withdrawal; temporary
use permits and transfers of small parcels of land
between Departments of Interior and military
departments; more efficient surveying of lands......... 1085
Limited authority for private sector supervision of
military construction projects in event of extensive
cost overruns or project delays........................ 1086
Battleship preservation grant program.................... 1086
Short Title.............................................. 1086
Definitions.............................................. 1086
Areas to be added to Shiloh National Military Park....... 1086
Establishment of affiliated area......................... 1086
Private property protection.............................. 1087
Technical correction to authority for return of certain
lands at Fort Wingate, New Mexico, to original
inhabitants............................................ 1087
Report on compliance with runway clear zone requirements. 1087
Sense of Congress on fire protection in Department of
Defense facilities..................................... 1088
TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION 1088
Summary.................................................. 1088
Authorized Army construction and land acquisition
projects (sec. 2901)................................... 1088
Authorized Navy construction and land acquisition project
(sec. 2902)............................................ 1088
Authorized Air Force construction and land acquisition
project (sec. 2903).................................... 1089
Authorized Defense Agencies construction and land
acquisition project (sec. 2904)........................ 1089
Authorization of appropriations (sec. 2905).............. 1089
Extension of authorization of certain fiscal year 2015
projects (sec. 2906)................................... 1089
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS
AND OTHER AUTHORIZATIONS....................................... 1089
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS...... 1089
Subtitle A--National Security Programs Authorizations........ 1089
National Nuclear Security Administration (sec. 3101)..... 1089
Defense environmental cleanup (sec. 3102)................ 1090
Other defense activities (sec. 3103)..................... 1090
Nuclear energy (sec. 3104)............................... 1090
Subtitle B--Program Authorizations, Restrictions, and
Limitations................................................ 1090
Nuclear security enterprise infrastructure modernization
initiative (sec. 3111)................................. 1090
Incorporation of integrated surety architecture in
transportation (sec. 3112)............................. 1091
Cost estimates for life extension program and major
alteration projects (sec. 3113)........................ 1091
Improved information relating to certain defense nuclear
nonproliferation programs (sec. 3114).................. 1091
Research and development of advanced naval reactor fuel
based on low-enriched uranium (sec. 3115).............. 1092
National Nuclear Security Administration pay and
performance system (sec. 3116)......................... 1092
Budget requests and certification regarding nuclear
weapons dismantlement (sec. 3117)...................... 1093
Nuclear warhead design competition (sec. 3118)........... 1093
Modification of minor construction threshold for plant
projects (sec. 3119)................................... 1093
Extension of authorization of Advisory Board on Toxic
Substances and Worker Health (sec. 3120)............... 1093
Use of funds for construction and project support
activities relating to MOX facility (sec. 3121)........ 1094
Prohibition on availability of funds for programs in
Russian Federation (sec. 3122)......................... 1094
Subtitle C--Plans and Reports................................ 1095
Annual Selected Acquisition Reports on certain hardware
relating to defense nuclear nonproliferation (sec.
3131).................................................. 1095
Annual reports on unfunded priorities of National Nuclear
Security Administration (sec. 3132).................... 1095
Modification of certain reporting requirements (sec.
3133).................................................. 1095
Modification to stockpile stewardship, management, and
responsiveness plan (sec. 3134)........................ 1095
Assessment and development of prototype nuclear weapons
of foreign countries (sec. 3135)....................... 1096
Plan for verification, detection, and monitoring of
nuclear weapons and fissile material (sec. 3136)....... 1096
Review of United States nuclear and radiological
terrorism prevention strategy (sec. 3137).............. 1096
Assessment of management and operating contracts of
national security laboratories (sec. 3138)............. 1097
Evaluation of classification of certain defense nuclear
waste (sec. 3139)...................................... 1097
Improved reporting for anti-smuggling radiation detection
systems (sec. 3140).................................... 1097
Plutonium capabilities (sec. 3141)....................... 1098
Report on critical decision 1 on Material Staging
Facility project (sec. 3142)........................... 1098
Plan to further minimize the use of highly enriched
uranium for medical isotopes (sec. 3143)............... 1099
Subtitle D--Other Matters.................................... 1099
Sense of Congress regarding uranium mining and nuclear
testing (sec. 3151).................................... 1099
Legislative Provisions Not Adopted........................... 1099
Department of Energy Counterintelligence polygraph
program................................................ 1099
Security clearance for dual-nationals employed by
National Nuclear Security Agency....................... 1099
Assessment of design trade options of W80-4 warhead...... 1099
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD............. 1100
Authorization (sec. 3201)................................ 1100
TITLE XXXIV--NAVAL PETROLEUM RESERVES............................ 1100
Authorization of appropriations (sec. 3401).............. 1100
TITLE XXXV--MARITIME ADMINISTRATION.............................. 1100
Legislative Provisions Adopted............................... 1100
Authorization of the Maritime Administration (sec. 3501). 1100
Merchant Ship Sales Act of 1946 (sec. 3502).............. 1101
Maritime Security Fleet Program; restriction on operation
for new entrants (sec. 3503)........................... 1101
Codification of sections relating to acquisition,
charter, and requisition of vessels (sec. 3504)........ 1101
Assistance for small shipyards (sec. 3505)............... 1101
Report on sexual assault victim recovery in the Coast
Guard (sec. 3506)...................................... 1102
Centers of excellence (sec. 3507)........................ 1102
Foreign spill protection (sec. 3508)..................... 1102
Removal of adjunct professor limit at United States
Merchant Marine Academy (sec. 3509).................... 1102
Acceptance of guarantees in conjunction with partial
donations for major projects of the United States
Merchant Marine Academy (sec. 3510).................... 1103
Authority to pay conveyance or transfer expenses in
connection with acceptance of a gift to the United
States Merchant Marine Academy (sec. 3511)............. 1103
Authority to participate in Federal, State or other
research grants (sec. 3512)............................ 1103
Provision of satellite communication devices during Sea
Year program (sec. 3513)............................... 1103
Actions to address sexual harassment, dating violence,
domestic violence, sexual assault, and stalking at the
United States Merchant Marine Academy (sec. 3514)...... 1103
Sexual assault prevention and response staff for the
United States Merchant Marine Academy (sec. 3515)...... 1104
Protection of cadets at the United States Merchant Marine
Academy from sexual assault onboard commercial vessels
(sec. 3516)............................................ 1104
Training requirement for sexual assault investigators
(sec. 3517)............................................ 1104
Legislative Provisions Not Adopted........................... 1104
Maritime Administration.................................. 1104
Application of law....................................... 1104
Recourse for non-U.S. seamen............................. 1105
DIVISION D--FUNDING TABLES....................................... 1105
Authorization of amounts in funding tables (sec. 4001)... 1105
Summary of National Defense Authorizations for Fiscal
Year 2018.............................................. 1105
National Defense Budget Authority Implication............ 1110
TITLE XLI--PROCUREMENT........................................... 1112
Procurement (sec. 4101).................................. 1112
Procurement for overseas contingency operations (sec.
4102).................................................. 1160
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.......... 1170
Research, development, test, and evaluation (sec. 4201).. 1170
Research, development, test, and evaluation for overseas
contingency operations (sec. 4202)..................... 1214
TITLE XLIII--OPERATION AND MAINTENANCE........................... 1217
Operation and maintenance (sec. 4301).................... 1217
Operation and maintenance for overseas contingency
operations (sec. 4302)................................. 1243
TITLE XLIV--MILITARY PERSONNEL................................... 1253
Military personnel (sec. 4401)........................... 1253
Military personnel for overseas contingency operations
(sec. 4402)............................................ 1254
TITLE XLV--OTHER AUTHORIZATIONS.................................. 1254
Other authorizations (sec. 4501)......................... 1254
Other authorizations for overseas contingency operations
(sec. 4502)............................................ 1257
TITLE XLVI--MILITARY CONSTRUCTION................................ 1259
Military construction (sec. 4601)........................ 1259
Military construction for overseas contingency operations
(sec. 4602)............................................ 1276
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS..... 1277
Department of Energy national security programs (sec.
4701).................................................. 1278
Legislative Provisions Not Adopted............................... 1292
Overseas contingency operations for base requirements........ 1292
115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-404
======================================================================
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2018
_______
November 9, 2017.--Ordered to be printed
_______
Mr. Thornberry, from the Committee on Conference, submitted the
following
CONFERENCE REPORT
[To accompany H.R. 2810]
The Committee of conference on the disagreeing votes of
the two Houses on the amendment of the Senate to the 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, having met, after full and
free conference, have agreed to recommend and do recommend to
their respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an amendment
as follows:
In lieu of the matter proposed to be inserted by the
Senate amendment, 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 four divisions
as follows:
(1) Division A--Department of Defense
Authorizations.
(2) Division B--Military Construction
Authorizations.
(3) Division C--Department of Energy National
Security Authorizations and Other Authorizations.
(4) Division D--Funding Tables.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
Sec. 4. Budgetary effects of this Act.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization Of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B--Army Programs
Sec. 111. Authority to expedite procurement of 7.62mm rifles.
Sec. 112. Limitation on availability of funds for Increment 2 of the
Warfighter Information Network-Tactical program.
Sec. 113. Limitation on availability of funds for upgrade of M113
vehicles.
Subtitle C--Navy Programs
Sec. 121. Aircraft carriers.
Sec. 122. Icebreaker vessel.
Sec. 123. Multiyear procurement authority for Arleigh Burke class
destroyers.
Sec. 124. Multiyear procurement authority for Virginia class submarine
program.
Sec. 125. Design and construction of the lead ship of the amphibious
ship replacement designated LX(R) or amphibious transport dock
designated LPD-30.
Sec. 126. Multiyear procurement authority for V-22 Osprey aircraft.
Sec. 127. Extension of limitation on use of sole-source shipbuilding
contracts for certain vessels.
Sec. 128. Limitation on availability of funds for the enhanced multi-
mission parachute system.
Sec. 129. Report on Navy capacity to increase production of certain
rotary wing aircraft.
Subtitle D--Air Force Programs
Sec. 131. Inventory requirement for Air Force fighter aircraft.
Sec. 132. Prohibition on availability of funds for retirement of E-8
JSTARS aircraft.
Sec. 133. Requirement for continuation of JSTARS aircraft
recapitalization program.
Sec. 134. Limitation on selection of single contractor for C-130H
avionics modernization program increment 2.
Sec. 135. Limitation on availability of funds for EC-130H Compass Call
recapitalization program.
Sec. 136. Limitation on retirement of U-2 and RQ-4 aircraft.
Sec. 137. Cost-benefit analysis of upgrades to MQ-9 Reaper aircraft.
Sec. 138. Plan for modernization of the radar for F-16 fighter aircraft
of the National Guard.
Sec. 139. Comptroller General review of Air Force fielding plan for HH-
60 replacement programs.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
Sec. 141. F-35 economic order quantity contracting authority.
Sec. 142. Authority for explosive ordnance disposal units to acquire new
or emerging technologies and capabilities.
Sec. 143. Requirement that certain aircraft and unmanned aerial
vehicles use specified standard data link.
Sec. 144. Reinstatement of requirement to preserve certain C-5 aircraft;
mobility capability and requirements study.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Cost controls for presidential aircraft recapitalization
program.
Sec. 212. Capital investment authority.
Sec. 213. Prizes for advanced technology achievements.
Sec. 214. Joint Hypersonics Transition Office.
Sec. 215. Department of Defense directed energy weapon system
prototyping and demonstration program.
Sec. 216. Appropriate use of authority for prototype projects.
Sec. 217. Mechanisms for expedited access to technical talent and
expertise at academic institutions to support Department of
Defense missions.
Sec. 218. Modification of laboratory quality enhancement program.
Sec. 219. Reauthorization of Department of Defense Established Program
to Stimulate Competitive Research.
Sec. 220. Codification and enhancement of authorities to provide funds
for defense laboratories for research and development of
technologies for military missions.
Sec. 221. Expansion of definition of competitive procedures to include
competitive selection for award of science and technology
proposals.
Sec. 222. Inclusion of modeling and simulation in test and evaluation
activities for purposes of planning and budget certification.
Sec. 223. Limitation on availability of funds for F-35 Joint Strike
Fighter Follow-On Modernization.
Sec. 224. Improvement of update process for populating mission data
files used in advanced combat aircraft.
Sec. 225. Support for national security innovation and entrepreneurial
education.
Sec. 226. Limitation on cancellation of designation Executive Agent for
a certain Defense Production Act program.
Subtitle C--Reports and Other Matters
Sec. 231. Columbia-class program accountability matrices.
Sec. 232. Review of barriers to innovation in research and engineering
activities of the Department of Defense.
Sec. 233. Pilot program to improve incentives for technology transfer
from Department of Defense laboratories.
Sec. 234. Competitive acquisition plan for low probability of detection
data link networks.
Sec. 235. Clarification of selection dates for pilot program for the
enhancement of the research, development, test, and evaluation
centers of the Department of Defense.
Sec. 236. Requirement for a plan to build a prototype for a new ground
combat vehicle for the Army.
Sec. 237. Plan for successfully fielding the Integrated Air and Missile
Defense Battle Command System.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B--Energy and Environment
Sec. 311. Military Aviation and Installation Assurance Siting
Clearinghouse.
Sec. 312. Energy performance goals and master plan.
Sec. 313. Payment to Environmental Protection Agency of stipulated
penalty in connection with Umatilla Chemical Depot, Oregon.
Sec. 314. Payment to Environmental Protection Agency of stipulated
penalty in connection with Longhorn Army Ammunition Plant,
Texas.
Sec. 315. Department of the Army cleanup and removal of petroleum, oil,
and lubricant associated with the Prinz Eugen.
Sec. 316. Centers for Disease Control study on health implications of
per- and polyfluoroalkyl substances contamination in drinking
water.
Sec. 317. Sentinel Landscapes Partnership.
Sec. 318. Report on release of radium or radioactive material into the
groundwater near the industrial reserve plant in Bethpage, New
York.
Subtitle C--Logistics and Sustainment
Sec. 321. Reauthorization of multi-trades demonstration project.
Sec. 322. Increased percentage of sustainment funds authorized for
realignment to restoration and modernization at each
installation.
Sec. 323. Guidance regarding use of organic industrial base.
Subtitle D--Reports
Sec. 331. Quarterly reports on personnel and unit readiness.
Sec. 332. Biennial report on core depot-level maintenance and repair
capability.
Sec. 333. Annual report on personnel, training, and equipment needs of
non-federalized National Guard.
Sec. 334. Annual report on military working dogs used by the Department
of Defense.
Sec. 335. Report on effects of climate change on Department of Defense.
Sec. 336. Report on optimization of training in and management of
special use airspace.
Sec. 337. Plan for modernized, dedicated Department of the Navy
adversary air training enterprise.
Sec. 338. Updated guidance regarding biennial core report.
Subtitle E--Other Matters
Sec. 341. Explosive safety board.
Sec. 342. Servicewomen's commemorative partnerships.
Sec. 343. Limitation on availability of funds for advanced skills
management software system of the Navy.
Sec. 344. Cost-benefit analysis of uniform specifications for Afghan
military or security forces.
Sec. 345. Temporary installation reutilization authority for arsenals,
depots, and plants.
Sec. 346. Comprehensive plan for sharing depot-level maintenance best
practices.
Sec. 347. Pilot program for operation and maintenance budget
presentation.
Sec. 348. Repurposing and reuse of surplus Army firearms.
Sec. 349. Department of the Navy marksmanship awards.
Sec. 350. Civilian training for National Guard pilots and sensor
operator aircrews of MQ-9 unmanned aerial vehicles.
Sec. 351. Training for National Guard personnel on wildfire response.
Sec. 352. Modification of the Second Division Memorial.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revisions in permanent active duty end strength minimum
levels.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2018 limitation on number of non-dual status
technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on active
duty for operational support.
Sec. 416. Number of members of the National Guard on full-time duty in
support of the reserves within the National Guard Bureau.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Modification of deadline for submittal by officers of written
communications to promotion selection boards on matters of
importance to their selection.
Sec. 502. Clarification to exception for removal of officers from list
of officers recommended for promotion after 18 months without
appointment.
Sec. 503. Modification of requirement for specification of number of
officers who may be recommended for early retirement by a
Selective Early Retirement Board.
Sec. 504. Extension of service-in-grade waiver authority for voluntary
retirement of certain general and flag officers for purposes
of enhanced flexibility in officer personnel management.
Sec. 505. Inclusion of Principal Military Deputy to the Assistant
Secretary of the Army for Acquisition, Technology, and
Logistics among officers subject to repeal of statutory
specification of general officer grade.
Sec. 506. Clarification of effect of repeal of statutory specification
of general or flag officer grade for various positions in the
Armed Forces.
Sec. 507. Standardization of authorities in connection with repeal of
statutory specification of general officer grade for the Dean
of the Academic Board of the United States Military Academy
and the Dean of the Faculty of the United States Air Force
Academy.
Sec. 508. Flexibility in promotion of officers to positions of Staff
Judge Advocate to the Commandant of the Marine Corps and
Deputy Judge Advocate General of the Navy or Air Force.
Sec. 509. Grandfathering of retired grade of Assistant Judge Advocates
General of the Navy as of repeal of statutory specification of
general and flag officers grades in the Armed Forces.
Subtitle B--Reserve Component Management
Sec. 511. Equal treatment of orders to serve on active duty under
sections 12304a and 12304b of title 10, United States Code.
Sec. 512. Service credit for cyberspace experience or advanced education
upon original appointment as a commissioned officer.
Sec. 513. Consolidation of authorities to order members of the reserve
components of the Armed Forces to perform duty.
Sec. 514. Pilot program on use of retired senior enlisted members of the
Army National Guard as Army National Guard recruiters.
Subtitle C--General Service Authorities
Part I--Matters Relating to Discharge and Correction of Military Records
Sec. 520. Consideration of additional medical evidence by Boards for the
Correction of Military Records and liberal consideration of
evidence relating to post-traumatic stress disorder or
traumatic brain injury.
Sec. 521. Public availability of information related to disposition of
claims regarding discharge or release of members of the Armed
Forces when the claims involve sexual assault.
Sec. 522. Confidential review of characterization of terms of discharge
of members who are victims of sex-related offenses.
Sec. 523. Training requirements for members of boards for the correction
of military records and personnel who investigate claims of
retaliation.
Sec. 524. Pilot program on use of video teleconferencing technology by
boards for the correction of military records and discharge
review boards.
Part II--Other General Service Authorities
Sec. 526. Modification of basis for extension of period for enlistment
in the Armed Forces under the Delayed Entry Program.
Sec. 527. Reauthorization of authority to order retired members to
active duty in high-demand, low-density assignments.
Sec. 528. Notification of members of the Armed Forces undergoing certain
administrative separations of potential eligibility for
veterans benefits.
Sec. 529. Extension of authority of the Secretary of Veterans Affairs to
provide for the conduct of medical disability examinations by
contract physicians.
Sec. 530. Provision of information on naturalization through military
service.
Subtitle D--Military Justice and Other Legal Issues
Sec. 531. Clarifying amendments related to the Uniform Code of Military
Justice reform by the Military Justice Act of 2016.
Sec. 532. Enhancement of effective prosecution and defense in courts-
martial and related matters.
Sec. 533. Punitive article under the Uniform Code of Military Justice on
wrongful broadcast or distribution of intimate visual images
or visual images of sexually explicit conduct.
Sec. 534. Garnishment to satisfy judgment rendered for physically,
sexually, or emotionally abusing a child.
Sec. 535. Sexual assault prevention and response training for all
individuals enlisted in the Armed Forces under a delayed entry
program.
Sec. 536. Special Victims' Counsel training regarding the unique
challenges often faced by male victims of sexual assault.
Sec. 537. Inclusion of information in annual SAPRO reports regarding
military sexual harassment and incidents involving
nonconsensual distribution of private sexual images.
Sec. 538. Inclusion of information in annual SAPRO reports regarding
sexual assaults committed by a member of the Armed Forces
against the member's spouse or other family member.
Subtitle E--Member Education, Training, Resilience, and Transition
Sec. 541. Element in preseparation counseling for members of the Armed
Forces on assistance and support services for caregivers of
certain veterans through the Department of Veterans Affairs.
Sec. 542. Improved employment assistance for members of the Army, Navy,
Air Force, and Marine Corps and veterans.
Sec. 543. Limitation on release of military service academy graduates to
participate in professional athletics.
Sec. 544. Two-year extension of suicide prevention and resilience
program for the National Guard and Reserves.
Sec. 545. Annual certifications related to Ready, Relevant Learning
initiative of the Navy.
Sec. 546. Authority to expand eligibility for the United States Military
Apprenticeship Program.
Sec. 547. Limitation on availability of funds for attendance of Air
Force enlisted personnel at Air Force officer professional
military education in-residence courses.
Sec. 548. Lieutenant Henry Ossian Flipper Leadership Scholarships.
Sec. 549. Pilot programs on appointment in the excepted service in the
Department of Defense of physically disqualified former cadets
and midshipmen.
Subtitle F--Defense Dependents' Education and Military Family Readiness
Matters
Part I--Defense Dependents' Education Matters
Sec. 551. Assistance to schools with military dependent students.
Sec. 552. Transitions of military dependent students from Department of
Defense dependent schools to other schools and among schools
of local educational agencies.
Sec. 553. Report on educational opportunities in science, technology,
engineering, and mathematics for children who are dependents
of members of the Armed Forces.
Part II--Military Family Readiness Matters
Sec. 555. Codification of authority to conduct family support programs
for immediate family members of members of the Armed Forces
assigned to special operations forces.
Sec. 556. Reimbursement for State licensure and certification costs of a
spouse of a member of the Armed Forces arising from relocation
to another State.
Sec. 557. Temporary extension of extended period of protections for
members of uniformed services relating to mortgages, mortgage
foreclosure, and eviction.
Sec. 558. Enhancing military childcare programs and activities of the
Department of Defense.
Sec. 559. Direct hire authority for Department of Defense for childcare
services providers for Department child development centers.
Sec. 560. Pilot program on public-private partnerships for telework
facilities for military spouses on military installations
outside the United States.
Subtitle G--Decorations and Awards
Sec. 561. Authorization for award of the Medal of Honor to Garlin M.
Conner for acts of valor during World War II.
Sec. 562. Authorization for award of Distinguished-Service Cross to
Specialist Frank M. Crary for acts of valor in Vietnam.
Subtitle H--Miscellaneous Reporting Requirements
Sec. 571. Analysis and report on accompanied and unaccompanied tours of
duty in remote locations with high family support costs.
Sec. 572. Review and reports on policies for regular and reserve officer
career management.
Sec. 573. Review and report on effects of personnel requirements and
limitations on the availability of members of the National
Guard for the performance of funeral honors duty for veterans.
Sec. 574. Review and report on authorities for the employment, use, and
status of National Guard and Reserve technicians.
Sec. 575. Assessment and report on expanding and contracting for
childcare services of the Department of Defense.
Sec. 576. Review and report on compensation provided childcare services
providers of the Department of Defense.
Sec. 577. Comptroller General of the United States assessment and report
on the Office of Complex Investigations within the National
Guard Bureau.
Sec. 578. Modification of submittal date of Comptroller General of the
United States report on integrity of the Department of Defense
whistleblower program.
Subtitle I--Other Matters
Sec. 581. Expansion of United States Air Force Institute of Technology
enrollment authority to include civilian employees of the
homeland security industry.
Sec. 582. Conditional designation of Explosive Ordnance Disposal Corps
as a basic branch of the Army.
Sec. 583. Designation of office within Office of the Secretary of
Defense to oversee use of food assistance programs by members
of the Armed Forces on active duty.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Annual adjustment of basic monthly pay.
Sec. 602. Prohibiting collection of additional amounts from members
living in units under Military Housing Privatization
Initiative.
Sec. 603. Limitation on modification of payment authority for Military
Housing Privatization Initiative housing.
Sec. 604. Housing treatment for certain members of the Armed Forces, and
their spouses and other dependents, undergoing a permanent
change of station within the United States.
Sec. 605. Extension of authority to provide temporary increase in rates
of basic allowance for housing under certain circumstances.
Sec. 606. Reevaluation of BAH for the military housing area including
Staten Island.
Subtitle B--Bonus and Special and Incentive Pays
Sec. 611. One-year extension of certain bonus and special pay
authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay
authorities for health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for
nuclear officers.
Sec. 614. One-year extension of authorities relating to title 37
consolidated special pay, incentive pay, and bonus
authorities.
Sec. 615. One-year extension of authorities relating to payment of other
title 37 bonuses and special pays.
Sec. 616. Report regarding the national pilot shortage.
Sec. 617. Special aviation incentive pay and bonus authorities for
enlisted members who operate remotely piloted aircraft.
Sec. 618. Technical and conforming amendments relating to 2008
consolidation of special pay authorities.
Subtitle C--Disability Pay, Retired Pay, and Survivor Benefits
Sec. 621. Permanent extension and cost-of-living adjustments of special
survivor indemnity allowances under the Survivor Benefit Plan.
Sec. 622. Adjustments to Survivor Benefit Plan for members electing lump
sum payments of retired pay under the modernized retirement
system for members of the uniformed services.
Sec. 623. Technical correction regarding election to participate in
modernized retirement system for reserve component members
experiencing a break in service.
Sec. 624. Technical corrections to use of member's current pay grade and
years of service in a division of property involving
disposable retired pay.
Sec. 625. Continuation pay for the Coast Guard.
Subtitle D--Other Matters
Sec. 631. Land conveyance authority, Army and Air Force Exchange Service
property, Dallas, Texas.
Sec. 632. Authority for the Secretaries of the military departments to
provide for care of remains of those who die on active duty
and are interred in a foreign cemetery.
Sec. 633. Construction of domestic source requirement for footwear
furnished to enlisted members of the Armed Forces on initial
entry into the Armed Forces.
Sec. 634. Review and update of regulations governing debt collectors
interactions with unit commanders of members of the Armed
Forces.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
Sec. 701. Continued access to medical care at facilities of the
uniformed services for certain members of the reserve
components.
Sec. 702. Modifications of cost-sharing requirements for the TRICARE
Pharmacy Benefits Program and treatment of certain
pharmaceutical agents.
Sec. 703. Provision of hyperbaric oxygen therapy for certain members of
the Armed Forces.
Sec. 704. Specification that individuals under the age of 21 are
eligible for hospice care services under the TRICARE program.
Sec. 705. Physical examinations for members of a reserve component who
are separating from the Armed Forces.
Sec. 706. Mental health assessments before members separate from the
Armed Forces.
Sec. 707. Expansion of sexual trauma counseling and treatment for
members of the reserve components.
Sec. 708. Expedited evaluation and treatment for prenatal surgery under
the TRICARE program.
Subtitle B--Health Care Administration
Sec. 711. Maintenance of inpatient capabilities of military medical
treatment facilities located outside the United States.
Sec. 712. Modification of priority for evaluation and treatment of
individuals at military treatment facilities.
Sec. 713. Clarification of administration of military medical treatment
facilities.
Sec. 714. Regular update of prescription drug pricing standard under
TRICARE retail pharmacy program.
Sec. 715. Modification of execution of TRICARE contracting
responsibilities.
Sec. 716. Additional emergency uses for medical products to reduce
deaths and severity of injuries caused by agents of war.
Sec. 717. Modification of determination of average wait times at urgent
care clinics and pharmacies at military medical treatment
facilities under pilot program.
Sec. 718. Requirement for reimbursement by Department of Defense to
entities carrying out State vaccination programs for costs of
vaccines provided to covered beneficiaries.
Sec. 719. Extension of authority for Joint Department of Defense-
Department of Veterans Affairs Medical Facility Demonstration
Fund.
Sec. 720. Residency requirements for podiatrists.
Sec. 721. Authorization of physical therapist assistants and
occupational therapy assistants to provide services under the
TRICARE program.
Sec. 722. Selection of military commanders and directors of military
medical treatment facilities.
Subtitle C--Reports and Other Matters
Sec. 731. Pilot program on health care assistance system.
Sec. 732. Feasibility study on conduct of pilot program on mental health
readiness of part-time members of the reserve components of
the Armed Forces.
Sec. 733. Report on plan to improve pediatric care and related services
for children of members of the Armed Forces.
Sec. 734. Longitudinal medical study on blast pressure exposure of
members of the Armed Forces.
Sec. 735. Study on safe opioid prescribing practices.
Sec. 736. Report on implementation of GAO recommendations.
Sec. 737. Declassification by Department of Defense of certain incidents
of exposure of members of the Armed Forces to toxic
substances.
Sec. 738. Coordination by Veterans Health Administration of efforts to
understand effects of burn pits.
Sec. 739. TRICARE technical amendments.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Statements of purpose for Department of Defense acquisition.
Sec. 802. Management of intellectual property matters within the
Department of Defense.
Sec. 803. Performance of incurred cost audits.
Sec. 804. Repeal of certain auditing requirements.
Sec. 805. Increased simplified acquisition threshold.
Sec. 806. Requirements related to the micro-purchase threshold.
Sec. 807. Process for enhanced supply chain scrutiny.
Sec. 808. Defense policy advisory committee on technology.
Sec. 809. Report on extension of development, acquisition, and
sustainment authorities of the military departments to the
United States Special Operations Command.
Sec. 810 . Technical and conforming amendments related to program
management provisions.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 811. Modifications to cost or pricing data and reporting
requirements.
Sec. 812. Applicability of cost and pricing data certification
requirements.
Sec. 813. Sunset of certain provisions relating to the procurement of
goods other than United States goods.
Sec. 814. Comptroller General report on health and safety records.
Sec. 815. Limitation on unilateral definitization.
Sec. 816. Amendment to sustainment reviews.
Sec. 817. Use of program income by eligible entities that carry out
procurement technical assistance programs.
Sec. 818. Enhanced post-award debriefing rights.
Sec. 819. Amendments relating to information technology.
Sec. 820. Change to definition of subcontract in certain circumstances.
Sec. 821. Amendment relating to applicability of inflation adjustments.
Sec. 822. Use of lowest price technically acceptable source selection
process.
Sec. 823. Exemption from design-build selection procedures.
Sec. 824. Contract closeout authority.
Sec. 825. Elimination of cost underruns as factor in calculation of
penalties for cost overruns.
Sec. 826. Modification to annual meeting requirement of Configuration
Steering Boards.
Sec. 827. Pilot program on payment of costs for denied Government
Accountability Office bid protests.
Subtitle C--Provisions Relating to Major Defense Acquisition Programs
Sec. 831. Revisions to definition of major defense acquisition program.
Sec. 832. Prohibition on use of lowest price technically acceptable
source selection process for major defense acquisition
programs.
Sec. 833. Role of the Chief of the armed force in material development
decision and acquisition system milestones.
Sec. 834. Requirement to emphasize reliability and maintainability in
weapon system design.
Sec. 835. Licensing of appropriate intellectual property to support
major weapon systems.
Sec. 836. Codification of requirements pertaining to assessment,
management, and control of operating and support costs for
major weapon systems.
Sec. 837. Should-cost management.
Sec. 838. Improvements to test and evaluation processes and tools.
Sec. 839. Enhancements to transparency in test and evaluation processes
and data.
Subtitle D--Provisions Relating to Acquisition Workforce
Sec. 841. Enhancements to the civilian program management workforce.
Sec. 842. Credits to Department of Defense Acquisition Workforce
Development Fund.
Sec. 843. Improvements to the hiring and training of the acquisition
workforce.
Sec. 844. Extension and modifications to acquisition demonstration
project.
Subtitle E--Provisions Relating to Commercial Items
Sec. 846. Procurement through commercial e-commerce portals.
Sec. 847. Revision to definition of commercial item.
Sec. 848. Commercial item determinations.
Sec. 849. Review of regulations on commercial items.
Sec. 850. Training in commercial items procurement.
Subtitle F--Provisions Relating to Services Contracting
Sec. 851. Improvement of planning for acquisition of services.
Sec. 852. Standard guidelines for evaluation of requirements for
services contracts.
Sec. 853. Report on outcome-based services contracts.
Sec. 854. Pilot program for longer term multiyear service contracts.
Subtitle G--Provisions Relating to Other Transaction Authority and
Prototyping
Sec. 861. Contract authority for advanced development of initial or
additional prototype units.
Sec. 862. Methods for entering into research agreements.
Sec. 863. Education and training for transactions other than contracts
and grants.
Sec. 864. Other transaction authority for certain prototype projects.
Sec. 865. Amendment to nontraditional and small contractor innovation
prototyping program.
Sec. 866. Middle tier of acquisition for rapid prototype and rapid
fielding.
Sec. 867. Preference for use of other transactions and experimental
authority.
Sec. 868. Prototype projects to digitize defense acquisition
regulations, policies, and guidance, and empower user
tailoring of acquisition process.
Subtitle H--Provisions Relating to Software Acquisition
Sec. 871. Noncommercial computer software acquisition considerations.
Sec. 872. Defense Innovation Board analysis of software acquisition
regulations.
Sec. 873. Pilot program to use agile or iterative development methods to
tailor major software-intensive warfighting systems and
defense business systems.
Sec. 874. Software development pilot program using agile best practices.
Sec. 875. Pilot program for open source software.
Subtitle I--Other Matters
Sec. 881. Extension of maximum duration of fuel storage contracts.
Sec. 882. Procurement of aviation critical safety items.
Sec. 883. Modifications to the advisory panel on streamlining and
codifying acquisition regulations.
Sec. 884. Repeal of expired pilot program for leasing commercial utility
cargo vehicles.
Sec. 885. Exception for business operations from requirement to accept
$1 coins.
Sec. 886. Development of Procurement Administrative Lead Time.
Sec. 887. Notional milestones and standard timelines for contracts for
foreign military sales.
Sec. 888. Assessment and authority to terminate or prohibit contracts
for procurement from Chinese companies providing support to
the Democratic People's Republic of Korea.
Sec. 889. Report on defense contracting fraud.
Sec. 890. Comptroller General report on contractor business system
requirements.
Sec. 891. Training on agile or iterative development methods.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Office of the Secretary of Defense and Related Matters
Sec. 901. Treatment of incumbent Under Secretary of Defense for
Acquisition, Technology, and Logistics.
Sec. 902. Clarification of authority of Under Secretary of Defense for
Acquisition and Sustainment with respect to service
acquisition programs for which the service acquisition
executive is the milestone decision authority.
Sec. 903. Executive Schedule matters relating to Under Secretary of
Defense for Acquisition and Sustainment.
Sec. 904. Consistent period of relief from active duty as a commissioned
officer of a regular component of the Armed Forces for
appointment to Under Secretary of Defense positions.
Sec. 905. Qualifications for appointment and additional duties and
powers of certain officials within the Office of the Under
Secretary of Defense (Comptroller).
Sec. 906. Redesignation of Principal Deputy Under Secretaries of Defense
as Deputy Under Secretaries of Defense and related matters.
Sec. 907. Reduction of number and elimination of specific designations
of Assistant Secretaries of Defense.
Sec. 908. Limitation on maximum number of Deputy Assistant Secretaries
of Defense.
Sec. 909. Appointment and responsibilities of Chief Information Officer
of the Department of Defense.
Sec. 910. Chief Management Officer of the Department of Defense.
Subtitle B--Data Management and Analytics
Sec. 911. Policy on treatment of defense business system data related to
business operations and management.
Sec. 912. Transparency of defense management data.
Sec. 913. Establishment of set of activities that use data analysis,
measurement, and other evaluation-related methods to improve
acquisition program outcomes.
Subtitle C--Organization of Other Department of Defense Offices and
Elements
Sec. 921. Qualifications for appointment of Assistant Secretaries of the
military departments for financial management.
Sec. 922. Manner of carrying out reductions in major Department of
Defense headquarters activities pursuant to headquarters
reduction plan.
Sec. 923. Certifications on cost savings achieved by reductions in major
Department of Defense headquarters activities.
Sec. 924. Corrosion control and prevention executives matters.
Sec. 925. Background and security investigations for Department of
Defense personnel.
Subtitle D--Miscellaneous Reporting Requirements
Sec. 931. Additional elements in reports on policy, organization, and
management goals of the Secretary of Defense for the
Department of Defense.
Sec. 932. Report and sense of Congress on responsibility for
developmental test and evaluation within the Office of the
Secretary of Defense.
Sec. 933. Report on Office of Corrosion Policy and Oversight.
Subtitle D--Other Matters
Sec. 941. Commission on the National Defense Strategy for the United
States.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Consolidation, codification, and improvement of certain
authorities and requirements in connection with the audit of
the financial statements of the Department of Defense.
Sec. 1003. Improper payment matters.
Sec. 1004. Rankings of auditability of financial statements of the
organizations and elements of the Department of Defense.
Sec. 1005. Financial operations dashboard for the Department of Defense.
Sec. 1006. Review and recommendations on efforts to obtain audit opinion
on full financial statements.
Sec. 1007. Notification requirement for certain contracts for audit
services.
Subtitle B--Counterdrug Activities
Sec. 1011. Extension of authority to support a unified counterdrug and
counterterrorism campaign in Colombia.
Sec. 1012. Venue for prosecution of maritime drug trafficking.
Subtitle C--Naval Vessels and Shipyards
Sec. 1021. National Defense Sealift Fund.
Sec. 1022. Use of National Sea-Based Deterrence Fund for multiyear
procurement of certain critical components.
Sec. 1023. Operational readiness of littoral combat ships on extended
deployment.
Sec. 1024. Availability of funds for retirement or inactivation of
Ticonderoga-class cruisers or dock landing ships.
Sec. 1025. Policy of the United States on minimum number of battle force
ships.
Sec. 1026. Surveying ships.
Subtitle D--Counterterrorism
Sec. 1031. Modification of authority on support of special operations to
combat terrorism.
Sec. 1032. Termination of requirement to submit annual budget
justification display for Department of Defense combating
terrorism program.
Sec. 1033. Prohibition on use of funds for transfer or release of
individuals detained at United States Naval Station,
Guantanamo Bay, Cuba to the United States.
Sec. 1034. Prohibition on use of funds to construct or modify facilities
in the United States to house detainees transferred from
United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1035. Prohibition on use of funds for transfer or release of
individuals detained at United States Naval Station,
Guantanamo Bay, Cuba, to certain countries.
Sec. 1036. Prohibition on use of funds to close or relinquish control of
United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1037. Sense of Congress regarding providing for timely victim and
family testimony in military commission trials.
Sec. 1038. Report on public availability of military commissions
proceedings.
Subtitle E--Miscellaneous Authorities and Limitations
Sec. 1041. Limitation on expenditure of funds for emergency and
extraordinary expenses for intelligence and counter-
intelligence activities.
Sec. 1042. Matters relating to the submittal of future-years defense
programs.
Sec. 1043. Modifications to humanitarian demining assistance
authorities.
Sec. 1044. Prohibition on charge of certain tariffs on aircraft
traveling through channel routes.
Sec. 1045. Prohibition on lobbying activities with respect to the
Department of Defense by certain officers of the Armed Forces
and civilian employees of the Department following separation
from military service or employment with the Department.
Sec. 1046. Prohibition on use of funds for retirement of legacy maritime
mine countermeasures platforms.
Sec. 1047. Report on western Pacific Ocean ship depot maintenance
capability and capacity.
Sec. 1048. Annual training regarding the influence campaign of the
Russian Federation.
Sec. 1049. Workforce issues for military realignments in the Pacific.
Subtitle F--Studies and Reports
Sec. 1051. Elimination of reporting requirements terminated after
November 25, 2017, pursuant to section 1080 of the National
Defense Authorization Act for Fiscal Year 2016.
Sec. 1052. Report on transfer of defense articles to units committing
gross violations of human rights.
Sec. 1053. Report on the National Biodefense Analysis and
Countermeasures Center.
Sec. 1054. Report on Department of Defense Arctic capability and
resource gaps and required infrastructure.
Sec. 1055. Review and assessment of Department of Defense personnel
recovery and nonconventional assisted recovery mechanisms.
Sec. 1056. Mine warfare readiness inspection plan and report.
Sec. 1057. Annual report on civilian casualties in connection with
United States military operations.
Sec. 1058. Report on Joint Pacific Alaska Range Complex modernization.
Sec. 1059. Report on alternatives to aqueous film forming foam.
Sec. 1060. Assessment of global force posture.
Sec. 1061. Army modernization strategy.
Sec. 1062. Report on Army plan to improve operational unit readiness by
reducing number of non-deployable soldiers assigned to
operational units.
Sec. 1063. Efforts to combat physiological episodes on certain Navy
aircraft.
Sec. 1064. Studies on aircraft inventories for the Air Force.
Sec. 1065. Department of Defense review of Navy capabilities in the
Arctic region.
Sec. 1066. Comprehensive review of maritime intelligence, surveillance,
reconnaissance, and targeting capabilities.
Sec. 1067. Report on the need for a Joint Chemical-Biological Defense
Logistics Center.
Sec. 1068. Missile Technology Control Regime Category I unmanned aerial
vehicle systems.
Sec. 1069. Recommendations for interagency vetting of foreign
investments affecting national security.
Sec. 1070. Briefing on prior attempted Russian cyber attacks against
defense systems.
Sec. 1071. Enhanced analytical and monitoring capability of the defense
industrial base.
Sec. 1072. Report on defense of combat logistics and strategic mobility
forces.
Sec. 1073. Report on acquisition strategy to recapitalize the existing
system for undersea fixed surveillance.
Sec. 1074. Report on implementation of requirements in connection with
the organization of the Department of Defense for management
of special operations forces and special operations.
Sec. 1075. Report on the global food system and vulnerabilities relevant
to Department of Defense missions.
Subtitle G--Modernizing Government Technology
Sec. 1076. Definitions.
Sec. 1077. Establishment of agency information technology systems
modernization and working capital funds.
Sec. 1078. Establishment of technology modernization fund and board.
Subtitle H--Other Matters
Sec. 1081. Technical, conforming, and clerical amendments.
Sec. 1082. Clarification of applicability of certain provisions of law
to civilian judges of the United States Court of Military
Commission Review.
Sec. 1083. Modification of requirement relating to conversion of certain
military technician (dual status) positions to civilian
positions.
Sec. 1084. National Guard accessibility to Department of Defense issued
unmanned aircraft.
Sec. 1085. Sense of Congress regarding aircraft carriers.
Sec. 1086. Sense of Congress recognizing the United States Navy Seabees.
Sec. 1087. Construction of memorial to the crew of the Apollo I launch
test accident at Arlington National Cemetery.
Sec. 1088. Department of Defense engagement with covered non-Federal
entities.
Sec. 1089. Prize competition to identify root cause of physiological
episodes on Navy, Marine Corps, and Air Force training and
operational aircraft.
Sec. 1090. Providing assistance to House of Representatives in response
to cybersecurity events.
Sec. 1091. Transfer of surplus firearms to Corporation for the Promotion
of Rifle Practice and Firearms Safety.
Sec. 1092. Collaboration between Federal Aviation Administration and
Department of Defense on unmanned aircraft systems.
Sec. 1093. Carriage of certain programming.
Sec. 1094. National strategy for countering violent extremism.
Sec. 1095. Sense of Congress regarding World War I.
Sec. 1096. Notice to Congress of terms of Department of Defense
settlement agreements.
Sec. 1097. Office of Special Counsel reauthorization.
Sec. 1098. Air transportation of civilian Department of Defense
personnel to and from Afghanistan.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Direct hire authority for the Department of Defense for
personnel to assist in business transformation and management
innovation.
Sec. 1102. Extension of direct hire authority for Domestic Defense
Industrial Base Facilities and Major Range and Test Facilities
Base.
Sec. 1103. Extension of authority to provide voluntary separation
incentive pay for civilian employees of the Department of
Defense.
Sec. 1104. Additional Department of Defense science and technology
reinvention laboratories.
Sec. 1105. One year extension of authority to waive annual limitation on
premium pay and aggregate limitation on pay for Federal
civilian employees working overseas.
Sec. 1106. Direct hire authority for financial management experts in the
Department of Defense workforce.
Sec. 1107. Extension of authority for temporary personnel flexibilities
for Domestic Defense Industrial Base Facilities and Major
Range and Test Facilities Base civilian personnel.
Sec. 1108. One-year extension of temporary authority to grant
allowances, benefits, and gratuities to civilian personnel on
official duty in a combat zone.
Sec. 1109. Extension of overtime rate authority for Department of the
Navy employees performing work aboard or dockside in support
of the nuclear-powered aircraft carrier forward deployed in
Japan.
Sec. 1110. Pilot program on enhanced personnel management system for
cybsersecurity and legal professionals in the Department of
Defense.
Sec. 1111. Establishment of senior scientific technical managers at
Major Range and Test Facility Base Facilities and Defense Test
Resource Management Center.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. One-year extension of logistical support for coalition forces
supporting certain United States military operations.
Sec. 1202. Support of special operations for irregular warfare.
Sec. 1203. Obligation of funds in Special Defense Acquisition Fund for
precision guided munitions.
Sec. 1204. Modification of defense institution capacity building and
authority to build capacity of foreign security forces.
Sec. 1205. Extension and modification of authority on training for
Eastern European national security forces in the course of
multilateral exercises.
Sec. 1206. Global Security Contingency Fund.
Sec. 1207. Defense Institute of International Legal Studies.
Sec. 1208. Extension of participation in and support of the Inter-
American Defense College.
Sec. 1209. Plan on improvement of ability of national security forces of
foreign countries participating in United States capacity
building programs to protect civilians.
Subtitle B--Matters Relating to Afghanistan and Pakistan
Sec. 1211. Extension of authority to transfer defense articles and
provide defense services to the military and security forces
of Afghanistan.
Sec. 1212. Extension and modification of authority for reimbursement of
certain coalition nations for support provided to United
States military operations.
Sec. 1213. Special immigrant visas for Afghan allies.
Sec. 1214. Extension of authority to acquire products and services
produced in countries along a major route of supply to
Afghanistan.
Sec. 1215. Extension of semiannual report on enhancing security and
stability in Afghanistan.
Sec. 1216. Human rights vetting of Afghan National Defense and Security
Forces.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
Sec. 1221. Report on United States strategy in Syria.
Sec. 1222. Extension and modification of authority to provide assistance
to counter the Islamic State of Iraq and Syria.
Sec. 1223. Modification of authority to provide assistance to the vetted
Syrian opposition.
Sec. 1224. Extension and modification of authority to support operations
and activities of the Office of Security Cooperation in Iraq.
Sec. 1225. Modification and additional elements in annual report on the
military power of Iran.
Sec. 1226. Extension of quarterly reports on confirmed ballistic missile
launches from Iran and imposition of sanctions in connection
with those launches.
Sec. 1227. Limitation on use of funds for provision of man-portable air
defense systems to the vetted Syrian opposition.
Sec. 1228. Report on agreement with the Government of the Russian
Federation on the status of Syria.
Subtitle D--Matters Relating to the Russian Federation
Sec. 1231. Extension of limitation on military cooperation between the
United States and the Russian Federation.
Sec. 1232. Prohibition on availability of funds relating to sovereignty
of the Russian Federation over Crimea.
Sec. 1233. Sense of Congress on European security.
Sec. 1234. Modification and extension of Ukraine Security Assistance
Initiative.
Sec. 1235. Limitation on availability of funds relating to
implementation of the Open Skies Treaty.
Sec. 1236. Sense of Congress on importance of nuclear capabilities of
NATO.
Sec. 1237. Report on Security Cooperation with respect to Western Balkan
Countries.
Sec. 1238. Plan to respond in case of Russian noncompliance with the New
START Treaty.
Sec. 1239. Strategy to counter threats by the Russian Federation.
Sec. 1239A. Strategy to counter the threat of malign influence by the
Russian Federation.
Subtitle E--Intermediate-Range Nuclear Forces (INF) Treaty Preservation
Act of 2017
Sec. 1241. Short title.
Sec. 1242. Findings.
Sec. 1243. Compliance enforcement regarding Russian violations of the
INF Treaty.
Sec. 1244. Notification requirement related to Russian Federation
development of noncompliant systems and United States actions
regarding material breach of INF Treaty by the Russian
Federation.
Sec. 1245. Review of RS-26 ballistic missile.
Sec. 1246. Definitions.
Subtitle F--Matters Relating to the Indo-Asia-Pacific Region
Sec. 1251. Sense of Congress and Initiative for the Indo-Asia-Pacific
region.
Sec. 1252. Report on strategy to prioritize United States defense
interests in the Indo-Asia-Pacific region.
Sec. 1253. Assessment of United States force posture and basing needs in
the Indo-Asia-Pacific region.
Sec. 1254. Plan to enhance the extended deterrence and assurance
capabilities of the United States in the Asia-Pacific region.
Sec. 1255. Sense of Congress reaffirming security commitments to the
Governments of Japan and South Korea and trilateral
cooperation between the United States, Japan, and South Korea.
Sec. 1256. Strategy on North Korea.
Sec. 1257. North Korean nuclear intercontinental ballistic missiles.
Sec. 1258. Advancements in defense cooperation between the United States
and India.
Sec. 1259. Strengthening the defense partnership between the United
States and Taiwan.
Sec. 1259A. Normalizing the transfer of defense articles and defense
services to Taiwan.
Sec. 1259B. Assessment on United States defense implications of China's
expanding global access.
Sec. 1259C. Agreement supplemental to Compact of Free Association with
Palau.
Sec. 1259D. Study on United States interests in the Freely Associated
States.
Subtitle G--Reports
Sec. 1261. Modification of annual report on military and security
developments involving the People's Republic of China.
Sec. 1262. Modifications to annual update of Department of Defense
Freedom of Navigation Operations report.
Sec. 1263. Report on strategy to defeat Al-Qaeda, the Taliban, the
Islamic State of Iraq and Syria (ISIS), and their associated
forces and co-belligerents.
Sec. 1264. Report on and notice of changes made to the legal and policy
frameworks for the United States' use of military force and
related national security operations.
Sec. 1265. Report on military action of Saudi Arabia and its coalition
partners in Yemen.
Sec. 1266. Submittal of Department of Defense Supplemental and Cost of
War Execution reports on quarterly basis.
Sec. 1267. Consolidation of reports on United States Armed Forces,
civilian employees, and contractors deployed in support of
Operation Inherent Resolve, Operation Freedom's Sentinel, and
associated and successor operations.
Sec. 1268. Comptroller General of the United States report on pricing
and availability with respect to foreign military sales.
Sec. 1269. Annual report on military and security developments involving
the Russian Federation.
Subtitle H--Other Matters
Sec. 1271. Security and stability strategy for Somalia.
Sec. 1272. Global Theater Security Cooperation Management Information
System.
Sec. 1273. Future years plan for the European Deterrence Initiative.
Sec. 1274. Extension of authority to enter into agreements with
participating countries in the American, British, Canadian,
and Australian Armies' Program.
Sec. 1275. United States military and diplomatic strategy for Yemen.
Sec. 1276. Transfer of excess high mobility multipurpose wheeled
vehicles to foreign countries.
Sec. 1277. Department of Defense program to protect United States
students against foreign agents.
Sec. 1278. Limitation and extension of United States-Israel anti-tunnel
cooperation authority.
Sec. 1279. Anticorruption strategy.
Sec. 1279A. Strategy to improve defense institutions and security sector
forces in Nigeria.
Sec. 1279B. Limitation on availability of funds to implement the Arms
Trade Treaty.
Sec. 1279C. Cultural Heritage Protection Coordinator.
Sec. 1279D. Security assistance for Baltic nations for joint program for
interoperability and deterrence against aggression.
Sec. 1279E. Restriction on funding for the Preparatory Commission for
the Comprehensive Nuclear-Test-Ban Treaty Organization.
Sec. 1279F. Clarification of authority to support border security
operations of certain foreign countries.
TITLE XIII--COOPERATIVE THREAT REDUCTION
Sec. 1301. Specification of Cooperative Threat Reduction funds.
Sec. 1302. Funding allocations.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. Chemical agents and munitions destruction, defense.
Sec. 1403. Drug interdiction and counter-drug activities defense-wide.
Sec. 1404. Defense Inspector General.
Sec. 1405. Defense Health Program.
Sec. 1406. National Defense Sealift Fund.
Subtitle B--Other Matters
Sec. 1411. Authority for transfer of funds to joint Department of
Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund for Captain James A. Lovell Health Care
Center, Illinois.
Sec. 1412. Authorization of appropriations for Armed Forces Retirement
Home.
Sec. 1413. Armed Forces Retirement Home matters.
Sec. 1414. Authority to dispose of certain materials from and to acquire
additional materials for the National Defense Stockpile.
Sec. 1415. Acquisition reporting on major chemical demilitarization
programs of the Department of Defense.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS
CONTINGENCY OPERATIONS
Subtitle A--Authorization of Appropriations
Sec. 1501. Purpose and treatment of certain authorizations of
appropriations.
Sec. 1502. Overseas contingency operations.
Sec. 1503. Procurement.
Sec. 1504. Research, development, test, and evaluation.
Sec. 1505. Operation and maintenance.
Sec. 1506. Military personnel.
Sec. 1507. Working capital funds.
Sec. 1508. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1509. Defense Inspector General.
Sec. 1510. Defense Health program.
Subtitle B--Financial Matters
Sec. 1511. Treatment as additional authorizations.
Sec. 1512. Special transfer authority.
Subtitle C--Limitations, Reports, and Other Matters
Sec. 1521. Afghanistan Security Forces Fund.
Sec. 1522. Joint Improvised-Threat Defeat Fund.
Sec. 1523. Comptroller General report on feasibility of separation of
expenditures.
Sec. 1524. Guidelines for budget items to be covered by overseas
contingency operations accounts.
TITLE XVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS
Subtitle A--Space Activities
Sec. 1601. Space acquisition and management and oversight.
Sec. 1602. Codification, extension, and modification of limitation on
construction on United States territory of satellite
positioning ground monitoring stations of foreign governments.
Sec. 1603. Foreign commercial satellite services: cybersecurity threats
and launches.
Sec. 1604. Extension of pilot program on commercial weather data.
Sec. 1605. Evolved Expendable Launch Vehicle modernization and
sustainment of assured access to space.
Sec. 1606. Demonstration of backup and complementary positioning,
navigation, and timing capabilities of Global Positioning
System.
Sec. 1607. Enhancement of positioning, navigation, and timing capacity.
Sec. 1608. Commercial satellite communications pathfinder program.
Sec. 1609. Launch support and infrastructure modernization.
Sec. 1610. Limitation on availability of funding for Joint Space
Operations Center mission system.
Sec. 1611. Limitation on use of funds for Delta IV launch vehicle.
Sec. 1612. Air Force space contractor responsibility watch list.
Sec. 1613. Certification and briefing on operational and contingency
plans for loss or degradation of space capabilities.
Sec. 1614. Report on protected satellite communications.
Sec. 1615. Sense of Congress on establishment of Space Flag training
event.
Sec. 1616. Sense of Congress on coordinating efforts to prepare for
space weather events.
Sec. 1617. Sense of Congress on National Space Defense Center.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
Sec. 1621. Security clearances for facilities of certain companies.
Sec. 1622. Extension of authority to engage in certain commercial
activities.
Sec. 1623. Submission of audits of commercial activity funds.
Sec. 1624. Clarification of annual briefing on the intelligence,
surveillance, and reconnaissance requirements of the combatant
commands.
Sec. 1625. Consideration of service by recipients of Boren scholarships
and fellowships in excepted service positions as service by
such recipients under career appointments for purposes of
career tenure.
Sec. 1626. Review of support provided by Defense intelligence elements
to acquisition activities of the Department.
Sec. 1627. Establishment of Chairman's controlled activity within Joint
Staff for intelligence, surveillance, and reconnaissance.
Sec. 1628. Requirements relating to multi-use sensitive compartmented
information facilities.
Sec. 1629. Limitation on availability of funds for certain
counterintelligence activities.
Subtitle C--Cyberspace-Related Matters
Part I--General Cyber Matters
Sec. 1631. Notification requirements for sensitive military cyber
operations and cyber weapons.
Sec. 1632. Modification to quarterly cyber operations briefings.
Sec. 1633. Policy of the United States on cyberspace, cybersecurity, and
cyber warfare.
Sec. 1634. Prohibition on use of products and services developed or
provided by Kaspersky Lab.
Sec. 1635. Modification of authorities relating to establishment of
unified combatant command for cyber operations.
Sec. 1636. Modification of definition of acquisition workforce to
include personnel contributing to cybersecurity systems.
Sec. 1637. Integration of strategic information operations and cyber-
enabled information operations.
Sec. 1638. Exercise on assessing cybersecurity support to election
systems of States.
Sec. 1639. Measurement of compliance with cybersecurity requirements for
industrial control systems.
Sec. 1640. Strategic Cybersecurity Program.
Sec. 1641. Plan to increase cyber and information operations,
deterrence, and defense.
Sec. 1642. Evaluation of agile or iterative development of cyber tools
and applications.
Sec. 1643. Assessment of defense critical electric infrastructure.
Sec. 1644. Cyber posture review.
Sec. 1645. Briefing on cyber capability and readiness shortfalls.
Sec. 1646. Briefing on cyber applications of blockchain technology.
Sec. 1647. Briefing on training infrastructure for cyber mission forces.
Sec. 1648. Report on termination of dual-hat arrangement for Commander
of the United States Cyber Command.
Part II--Cybersecurity Education
Sec. 1649. Cyber Scholarship Program.
Sec. 1649A. Community college cyber pilot program and assessment.
Sec. 1649B. Federal Cyber Scholarship-for-Service program updates.
Sec. 1649C. Cybersecurity teaching.
Subtitle D--Nuclear Forces
Sec. 1651. Annual assessment of cyber resiliency of nuclear command and
control system.
Sec. 1652. Collection, storage, and sharing of data relating to nuclear
security enterprise.
Sec. 1653. Notifications regarding dual-capable F-35A aircraft.
Sec. 1654. Oversight of delayed acquisition programs by Council on
Oversight of the National Leadership Command, Control, and
Communications System.
Sec. 1655. Establishment of Nuclear Command and Control Intelligence
Fusion Center.
Sec. 1656. Security of nuclear command, control, and communications
system from commercial dependencies.
Sec. 1657. Oversight of aerial-layer programs by Council on Oversight of
the National Leadership Command, Control, and Communications
System.
Sec. 1658. Security classification guide for programs relating to
nuclear command, control, and communications and nuclear
deterrence.
Sec. 1659. Evaluation and enhanced security of supply chain for nuclear
command, control, and communications and continuity of
government programs.
Sec. 1660. Procurement authority for certain parts of intercontinental
ballistic missile fuzes.
Sec. 1661. Presidential National Voice Conferencing System and Phoenix
Air-to-Ground Communications Network.
Sec. 1662. Limitation on pursuit of certain command and control concept.
Sec. 1663. Prohibition on availability of funds for mobile variant of
ground-based strategic deterrent missile.
Sec. 1664. Prohibition on reduction of the intercontinental ballistic
missiles of the United States.
Sec. 1665. Modification to annual report on plan for the nuclear weapons
stockpile, nuclear weapons complex, nuclear weapons delivery
systems, and nuclear weapons command and control system.
Sec. 1666. Establishment of procedures for implementation of Nuclear
Enterprise Review.
Sec. 1667. Report on impacts of nuclear proliferation.
Sec. 1668. Certification that the Nuclear Posture Review addresses
deterrent effect and operation of United States nuclear forces
in current and future security environments.
Sec. 1669. Plan to manage Integrated Tactical Warning and Attack
Assessment System and multi-domain sensors.
Sec. 1670. Certification requirement with respect to strategic radiation
hardened trusted microelectronics.
Sec. 1671. Nuclear Posture Review.
Sec. 1672. Sense of Congress on importance of independent nuclear
deterrent of United Kingdom.
Subtitle E--Missile Defense Programs
Sec. 1676. Administration of missile defense and defeat programs.
Sec. 1677. Condition for proceeding beyond low-rate initial production.
Sec. 1678. Preservation of the ballistic missile defense capacity of the
Army.
Sec. 1679. Modernization of Army lower tier air and missile defense
sensor.
Sec. 1680. Defense of Hawaii from North Korean ballistic missile attack.
Sec. 1681. Designation of location of continental United States
interceptor site.
Sec. 1682. Aegis Ashore anti-air warfare capability.
Sec. 1683. Development of persistent space-based sensor architecture.
Sec. 1684. Iron Dome short-range rocket defense system and Israeli
Cooperative Missile Defense Program co-development and co-
production.
Sec. 1685. Boost phase ballistic missile defense.
Sec. 1686. Ground-based interceptor capability, capacity, and
reliability.
Sec. 1687. Limitation on availability of funds for ground-based
midcourse defense element of the ballistic missile defense
system.
Sec. 1688. Plan for development of space-based ballistic missile
intercept layer.
Sec. 1689. Sense of Congress on the state of the missile defense of the
United States.
Sec. 1690. Sense of Congress and report on ground-based midcourse
defense testing.
Subtitle F--Other Matters
Sec. 1691. Commission to Assess the Threat to the United States From
Electromagnetic Pulse Attacks and Similar Events.
Sec. 1692. Protection of certain facilities and assets from unmanned
aircraft.
Sec. 1693. Conventional prompt global strike weapons system.
Sec. 1694. Business case analysis regarding ammonium perchlorate.
Sec. 1695. Report on industrial base for large solid rocket motors and
related technologies.
Sec. 1696. Pilot program on enhancing information sharing for security
of supply chain.
Sec. 1697. Pilot program on electromagnetic spectrum mapping.
Sec. 1698. Use of commercial items in Distributed Common Ground Systems.
TITLE XVII--SMALL BUSINESS PROCUREMENT AND INDUSTRIAL BASE MATTERS
Sec. 1701. Amendments to HUBZone provisions of the Small Business Act.
Sec. 1702. Uniformity in procurement terminology.
Sec. 1703. Improving reporting on small business goals.
Sec. 1704. Responsibilities of Business Opportunity Specialists.
Sec. 1705. Responsibilities of commercial market representatives.
Sec. 1706. Modification of past performance pilot program to include
consideration of past performance with allies of the United
States.
Sec. 1707. Notice of cost-free Federal procurement technical assistance
in connection with registration of small business concerns on
procurement websites of the Department of Defense.
Sec. 1708. Inclusion of SBIR and STTR programs in technical assistance.
Sec. 1709. Requirements relating to competitive procedures and
justification for awards under the SBIR and STTR programs.
Sec. 1710. Pilot program for streamlined technology transition from the
SBIR and STTR programs of the Department of Defense.
Sec. 1711. Pilot program on strengthening manufacturing in the defense
industrial base.
Sec. 1712. Review regarding applicability of foreign ownership, control,
or influence requirements of National Industrial Security
Program to national technology and industrial base companies.
Sec. 1713. Report on sourcing of tungsten and tungsten powders from
domestic producers.
Sec. 1714. Report on utilization of small business concerns for Federal
contracts.
TITLE XVIII--GOVERNMENT PURCHASE AND TRAVEL CARDS
Sec. 1801. Short title.
Sec. 1802. Definitions.
Sec. 1803. Expanded use of data analytics.
Sec. 1804. Guidance on improving information sharing to curb improper
payments.
Sec. 1805. Interagency charge card data management group.
Sec. 1806. Reporting requirements.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2003. Effective date.
TITLE XXI--ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year
2014 project.
Sec. 2106. Modification of authority to carry out certain fiscal year
2015 project.
Sec. 2107. Extension of authorization of certain fiscal year 2014
project.
Sec. 2108. Extension of authorizations of certain fiscal year 2015
projects.
Sec. 2109. Additional authority to carry out certain fiscal year 2000,
2005, 2006, and 2007 projects.
TITLE XXII--NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Extension of authorizations for certain fiscal year 2014
projects.
Sec. 2206. Extension of authorizations of certain fiscal year 2015
projects.
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Modification of authority to carry out certain fiscal year
2017 projects.
Sec. 2306. Extension of authorizations of certain fiscal year 2015
projects.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Authorized energy resiliency and conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Modification of authority to carry out certain fiscal year
2017 project.
Sec. 2405. Extension of authorizations of certain fiscal year 2014
projects.
Sec. 2406. Extension of authorizations of certain fiscal year 2015
projects.
TITLE XXV--INTERNATIONAL PROGRAMS
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
Subtitle B--Host Country In-Kind Contributions
Sec. 2511. Republic of Korea funded construction projects.
Sec. 2512. Modification of authority to carry out certain fiscal year
2017 projects.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Subtitle A--Project Authorizations and Authorization of Appropriations
Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction
and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Subtitle B--Other Matters
Sec. 2611. Modification of authority to carry out certain fiscal year
2015 project.
Sec. 2612. Extension of authorizations of certain fiscal year 2014
projects.
Sec. 2613. Extension of authorizations of certain fiscal year 2015
projects.
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
Sec. 2701. Authorization of appropriations for base realignment and
closure activities funded through Department of Defense base
closure account.
Sec. 2702. Prohibition on conducting additional base realignment and
closure (BRAC) round.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Sec. 2801. Elimination of written notice requirement for military
construction activities and reliance on electronic submission
of notifications and reports.
Sec. 2802. Modification of thresholds applicable to unspecified minor
construction projects.
Sec. 2803. Annual locality adjustment of dollar thresholds applicable to
unspecified minor military construction authorities.
Sec. 2804. Extension of temporary, limited authority to use operation
and maintenance funds for construction projects outside the
United States.
Sec. 2805. Use of operation and maintenance funds for military
construction projects to replace facilities damaged or
destroyed by natural disasters or terrorism incidents.
Sec. 2806. Annual report on unfunded requirements for laboratory
military construction projects.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Elimination of written notice requirement for military real
property transactions and reliance on electronic submission of
notifications and reports.
Sec. 2812. Certification related to certain acquisitions or leases of
real property.
Sec. 2813. Increased term limit for intergovernmental support agreements
to provide installation support services.
Sec. 2814. Authorizing reimbursement of States for costs of suppressing
wildfires caused by Department of Defense activities on State
lands; restoration of lands of other Federal agencies for
damage caused by Department of Defense vehicle mishaps.
Sec. 2815. Criteria for exchanges of property at military installations.
Sec. 2816. Land exchange valuation of property with reduced development
that limits encroachment on military installations.
Sec. 2817. Requirements for window fall prevention devices in military
family housing.
Sec. 2818. Prohibiting use of updated assessment of public schools on
Department of Defense installations to supersede funding of
certain projects.
Sec. 2819. Access to military installations by transportation network
companies.
Subtitle C--Project Management and Oversight Reforms
Sec. 2821. Notification requirement for certain cost increases.
Sec. 2822. Annual report on schedule delays.
Sec. 2823. Report on design errors and omissions related to Fort Bliss
hospital replacement project.
Sec. 2824. Report on cost increase and delay related to USSTRATCOM
command and control facility project at Offutt Air Force Base.
Subtitle D--Energy Resilience
Sec. 2831. Energy resilience.
Sec. 2832. Authority to use energy cost savings for energy resilience,
mission assurance, and weather damage repair and prevention
measures.
Sec. 2833. Consideration of energy security and energy resilience in
awarding energy and fuel contracts for military installations.
Sec. 2834. Requirement to address energy resilience in exercising
utility system conveyance authority.
Sec. 2835. In-kind lease payments; prioritization of utility services
that promote energy resilience.
Sec. 2836. Annual Department of Defense energy management reports.
Sec. 2837. Aggregation of energy efficiency and energy resilience
projects in life cycle cost analyses.
Subtitle E--Land Conveyances
Sec. 2841. Land exchange, Naval Industrial Reserve Ordnance Plant,
Sunnyvale, California.
Sec. 2842. Land conveyance, Mountain Home Air Force Base, Idaho.
Sec. 2843. Lease of real property to the United States Naval Academy
Alumni Association and Naval Academy Foundation at United
States Naval Academy, Annapolis, Maryland.
Sec. 2844. Land Conveyance, Natick Soldier Systems Center,
Massachusetts.
Sec. 2845. Land exchange, Naval Air Station Corpus Christi, Texas.
Sec. 2846. Imposition of additional conditions on future use of Castner
Range, Fort Bliss, Texas.
Sec. 2847. Land conveyance, former missile alert facility known as
Quebec-01, Laramie County, Wyoming.
Subtitle F--Military Memorials, Monuments, and Museums
Sec. 2861. Recognition of the National Museum of World War II Aviation.
Sec. 2862. Principal office of Aviation Hall of Fame.
Sec. 2863. Establishment of a visitor services facility on the Arlington
Ridge tract.
Sec. 2864. Modification of prohibition on transfer of veterans memorial
objects to foreign governments without specific authorization
in law.
Subtitle G--Other Matters
Sec. 2871. Authority of the Secretary of the Air Force to accept lessee
improvements at Air Force Plant 42.
Sec. 2872. Modification of Department of Defense guidance on use of
airfield pavement markings.
Sec. 2873. Authority of Chief Operating Officer of Armed Forces
Retirement Home to acquire and lease property.
Sec. 2874. Restrictions on rehabilitation of Over-the-Horizon
Backscatter Radar Station.
Sec. 2875. Permitting machine room-less elevators in Department of
Defense facilities.
Sec. 2876. Disclosure of beneficial ownership by foreign persons of high
security space leased by the Department of Defense.
Sec. 2877. Joint use of Dobbins Air Reserve Base, Marietta, Georgia,
with civil aviation.
Sec. 2878. Report on hurricane damage to Department of Defense assets.
Sec. 2879. Special rules for certain projects.
Sec. 2880. Energy security for military installations in Europe.
TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION
Sec. 2901. Authorized Army construction and land acquisition projects.
Sec. 2902. Authorized Navy construction and land acquisition project.
Sec. 2903. Authorized Air Force construction and land acquisition
project.
Sec. 2904. Authorized Defense Agencies construction and land acquisition
project.
Sec. 2905. Authorization of appropriations.
Sec. 2906. Extension of authorization of certain fiscal year 2015
projects.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs and Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Nuclear energy.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Nuclear security enterprise infrastructure modernization
initiative.
Sec. 3112. Incorporation of integrated surety architecture in
transportation.
Sec. 3113. Cost estimates for life extension program and major
alteration projects.
Sec. 3114. Improved information relating to certain defense nuclear
nonproliferation programs.
Sec. 3115. Research and development of advanced naval reactor fuel based
on low-enriched uranium.
Sec. 3116. National Nuclear Security Administration pay and performance
system.
Sec. 3117. Budget requests and certification regarding nuclear weapons
dismantlement.
Sec. 3118. Nuclear warhead design competition.
Sec. 3119. Modification of minor construction threshold for plant
projects.
Sec. 3120. Extension of authorization of Advisory Board on Toxic
Substances and Worker Health.
Sec. 3121. Use of funds for construction and project support activities
relating to MOX facility.
Sec. 3122. Prohibition on availability of funds for programs in Russian
Federation.
Subtitle C--Plans and Reports
Sec. 3131. Annual Selected Acquisition Reports on certain hardware
relating to defense nuclear nonproliferation.
Sec. 3132. Annual reports on unfunded priorities of National Nuclear
Security Administration.
Sec. 3133. Modification of certain reporting requirements.
Sec. 3134. Modification to stockpile stewardship, management, and
responsiveness plan.
Sec. 3135. Assessment and development of prototype nuclear weapons of
foreign countries.
Sec. 3136. Plan for verification, detection, and monitoring of nuclear
weapons and fissile material.
Sec. 3137. Review of United States nuclear and radiological terrorism
prevention strategy.
Sec. 3138. Assessment of management and operating contracts of national
security laboratories.
Sec. 3139. Evaluation of classification of certain defense nuclear
waste.
Sec. 3140. Improved reporting for anti-smuggling radiation detection
systems.
Sec. 3141. Plutonium capabilities.
Sec. 3142. Report on critical decision 1 on Material Staging Facility
project.
Sec. 3143. Plan to further minimize the use of highly enriched uranium
for medical isotopes.
Subtitle D--Other Matters
Sec. 3151. Sense of Congress regarding compensation of individuals
relating to uranium mining and nuclear testing.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV--MARITIME MATTERS
Sec. 3501. Authorization of the Maritime Administration.
Sec. 3502. Merchant Ship Sales Act of 1946.
Sec. 3503. Maritime Security Fleet Program; restriction on operation for
new entrants.
Sec. 3504. Codification of sections relating to acquisition, charter,
and requisition of vessels.
Sec. 3505. Assistance for small shipyards.
Sec. 3506. Report on sexual assault victim recovery in the Coast Guard.
Sec. 3507. Centers of excellence.
Sec. 3508. Foreign spill protection.
Sec. 3509. Removal of adjunct professor limit at United States Merchant
Marine Academy.
Sec. 3510. Acceptance of guarantees in conjunction with partial
donations for major projects of the United States Merchant
Marine Academy.
Sec. 3511. Authority to pay conveyance or transfer expenses in
connection with acceptance of a gift to the United States
Merchant Marine Academy.
Sec. 3512. Authority to participate in Federal, State or other research
grants.
Sec. 3513. Provision of satellite communication devices during Sea Year
program.
Sec. 3514. Actions to address sexual harassment, dating violence,
domestic violence, sexual assault, and stalking at the United
States Merchant Marine Academy.
Sec. 3515. Sexual assault prevention and response staff for the United
States Merchant Marine Academy.
Sec. 3516. Protection of cadets at the United States Merchant Marine
Academy from sexual assault onboard commercial vessels.
Sec. 3517. Training requirement for sexual assault investigators.
DIVISION D--FUNDING TABLES
Sec. 4001. Authorization of amounts in funding tables.
TITLE XLI--PROCUREMENT
Sec. 4101. Procurement.
Sec. 4102. Procurement for overseas contingency operations.
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 4201. Research, development, test, and evaluation.
Sec. 4202. Research, development, test, and evaluation for overseas
contingency operations.
TITLE XLIII--OPERATION AND MAINTENANCE
Sec. 4301. Operation and maintenance.
Sec. 4302. Operation and maintenance for overseas contingency
operations.
TITLE XLIV--MILITARY PERSONNEL
Sec. 4401. Military personnel.
Sec. 4402. Military personnel for overseas contingency operations.
TITLE XLV--OTHER AUTHORIZATIONS
Sec. 4501. Other authorizations.
Sec. 4502. Other authorizations for overseas contingency operations.
TITLE XLVI--MILITARY CONSTRUCTION
Sec. 4601. Military construction.
Sec. 4602. Military construction for overseas contingency operations.
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Sec. 4701. Department of Energy national security programs.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
In this Act, the term ``congressional defense committees''
has the meaning given that term in section 101(a)(16) of title
10, United States Code.
SEC. 4. BUDGETARY EFFECTS OF THIS ACT.
The budgetary effects of this Act, for the purposes of
complying with the Statutory Pay-As-You-Go Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
jointly submitted for printing in the Congressional Record by
the Chairmen of the House and Senate Budget Committees,
provided that such statement has been submitted prior to the
vote on passage in the House acting first on the conference
report or amendment between the Houses.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization Of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B--Army Programs
Sec. 111. Authority to expedite procurement of 7.62mm rifles.
Sec. 112. Limitation on availability of funds for Increment 2 of the
Warfighter Information Network-Tactical program.
Sec. 113. Limitation on availability of funds for upgrade of M113
vehicles.
Subtitle C--Navy Programs
Sec. 121. Aircraft carriers.
Sec. 122. Icebreaker vessel.
Sec. 123. Multiyear procurement authority for Arleigh Burke class
destroyers.
Sec. 124. Multiyear procurement authority for Virginia class submarine
program.
Sec. 125. Design and construction of the lead ship of the amphibious
ship replacement designated LX(R) or amphibious transport dock
designated LPD-30.
Sec. 126. Multiyear procurement authority for V-22 Osprey aircraft.
Sec. 127. Extension of limitation on use of sole-source shipbuilding
contracts for certain vessels.
Sec. 128. Limitation on availability of funds for the enhanced multi-
mission parachute system.
Sec. 129. Report on Navy capacity to increase production of certain
rotary wing aircraft.
Subtitle D--Air Force Programs
Sec. 131. Inventory requirement for Air Force fighter aircraft.
Sec. 132. Prohibition on availability of funds for retirement of E-8
JSTARS aircraft.
Sec. 133. Requirement for continuation of JSTARS aircraft
recapitalization program.
Sec. 134. Limitation on selection of single contractor for C-130H
avionics modernization program increment 2.
Sec. 135. Limitation on availability of funds for EC-130H Compass Call
recapitalization program.
Sec. 136. Limitation on retirement of U-2 and RQ-4 aircraft.
Sec. 137. Cost-benefit analysis of upgrades to MQ-9 Reaper aircraft.
Sec. 138. Plan for modernization of the radar for F-16 fighter aircraft
of the National Guard.
Sec. 139. Comptroller General review of Air Force fielding plan for HH-
60 replacement programs.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
Sec. 141. F-35 economic order quantity contracting authority.
Sec. 142. Authority for explosive ordnance disposal units to acquire new
or emerging technologies and capabilities.
Sec. 143. Requirement that certain aircraft and unmanned aerial
vehicles use specified standard data link.
Sec. 144. Reinstatement of requirement to preserve certain C-5 aircraft;
mobility capability and requirements study.
Subtitle A--Authorization Of Appropriations
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2018 for procurement for the Army, the Navy and the Marine
Corps, the Air Force, and Defense-wide activities, as specified
in the funding table in section 4101.
Subtitle B--Army Programs
SEC. 111. AUTHORITY TO EXPEDITE PROCUREMENT OF 7.62MM RIFLES.
(a) 7.62mm Rifles.--
(1) Procurement authority.--The Secretary of the
Army is authorized to expedite the procurement of a
commercially available off-the-shelf item or
nondevelopmental item for a 7.62mm rifle capability in
accordance with this section.
(2) Limitation.--The Secretary of the Army may use
the authority under paragraph (1) to procure only the
following:
(A) Not more than 7,000 7.62mm rifles.
(B) Equipment and ammunition associated
with such rifles.
(3) Contracting procedures.--
(A) Full and open competition.--In awarding
contracts under paragraph (1), the Secretary of
the Army shall use full and open competition to
the extent practicable.
(B) Procedures other than full and open
competition.--The Secretary of the Army may not
award a contract under paragraph (1) using
procedures other than full and open competition
until a period of 10 days has elapsed following
the date on which the Secretary submits to the
congressional committees the report described
in subparagraph (C).
(C) Report.--The report described in this
subparagraph is a report of the Secretary of
the Army that includes--
(i) a detailed justification for
limiting full and open competition for
the procurement authorized under
paragraph (1);
(ii) a description of the
objectives, costs, and timelines
associated with the procurement; and
(iii) an assessment of the
projected impact of the procurement on
any related programs in terms of cost,
schedule, and the use of full and open
competition in such programs.
(b) Related Programs.--
(1) In general.--The Secretary of the Army is
authorized to use funds made available to carry out
subsection (a)--
(A) to accelerate by two years the squad
designated marksman rifle program of the Army;
(B) to accelerate by two years the advanced
armor piercing ammunition program of the Army;
and
(C) subject to paragraph (2), to accelerate
the next generation squad weapon program of the
Army.
(2) Full and open competition.--Any contract
awarded under the next generation squad weapon program
of the Army shall be awarded using full and open
competition.
(c) Definitions.--In this section, the terms ``commercially
available off-the-shelf item'', ``full and open competition'',
and ``nondevelopmental item'' have the meanings given the terms
in chapter 1 of title 41, United States Code.
SEC. 112. LIMITATION ON AVAILABILITY OF FUNDS FOR INCREMENT 2 OF THE
WARFIGHTER INFORMATION NETWORK-TACTICAL PROGRAM.
(a) Limitation.--Of the funds authorized to be appropriated
by this Act or otherwise made available for the Department of
Defense for fiscal year 2018 for Increment 2 of the Warfighter
Information Network-Tactical program of the Army (referred to
in this section as ``WIN-T Increment 2'') not more than 50
percent may be used to enter into, or to prepare to enter into,
a contract for the procurement of equipment under the program
until the date on which the Secretary of the Army submits the
report under subsection (b).
(b) Report.--Not later than January 31, 2018, the Secretary
of the Army, in consultation with the Chief of Staff of the
Army, shall submit to the congressional defense committees a
report on the strategy of the Army for modernizing air-land ad-
hoc, mobile tactical communications and data networks.
(c) Elements.--The report under subsection (b) shall
include the following:
(1) A description of the strategy of the Army for
modernizing air-land ad-hoc, mobile tactical
communications and data networks.
(2) The justification, rationale, and decision
points for the strategy, including how network
requirements are being redefined.
(3) How the Army intends to implement the
recommendations accepted by the Secretary of the Army
related to air-land ad-hoc, mobile tactical
communications and data networks provided by the
Director of Cost Assessment and Program Evaluation
pursuant to section 237 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-
92; 129 Stat. 781).
(4) How the Army will address the vulnerabilities
identified by the report of the Director of Cost
Assessment and Program Evaluation on the mobile, ad-hoc
network against a modern peer adversary capable of
cyber and electronic warfare detection and intrusion.
(5) A timeline and decision points for upgrading
fielded WIN-T Increment 1B systems.
(6) A list of planned upgrades for components of
WIN-T Increment 2 designed to improve program
capabilities, including size, weight, and complexity,
including the impact of these improvements on the cost
of the program, as well as fielding schedules for Army
Brigade Combat Teams.
(7) How the strategy will reduce Army reliance on
satellite communications, including procurement and
test strategies for more resilient and secure mid-tier
line of sight capability.
(8) How the strategy will address identified joint
interoperability capability gaps, specifically for
units known as ``fight tonight'' units, including
procurement and test plans for identified solutions.
(9) Decision points associated with the near term
modernization strategy for mitigating operational
capability gaps for such ``fight tonight'' units.
(10) The decision points and timelines associated
with the fielding of modernized mobile tactical network
communications to the reserve components of the Army.
(11) The planned funding and program realignments
required for fiscal year 2018 and across the future
years defense program that will be required to support
the new strategy.
(12) Identification of the changes in acquisition
policy as well as operational requirements being
implemented to deliver an effective, suitable, and
survivable network to the warfighter.
(13) Identification of the changes in leadership
and governance that will be associated with the new
strategy.
(d) Form of Report.--The report required by section (b)
shall be submitted in unclassified form, but may include a
classified annex.
SEC. 113. LIMITATION ON AVAILABILITY OF FUNDS FOR UPGRADE OF M113
VEHICLES.
(a) Limitation.--Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2018
for the upgrade of M113 vehicles of the Army, not more than 50
percent may be obligated or expended until the date on which
Secretary of the Army submits to the congressional defense
committees the report described in subsection (b).
(b) Report.--The report described in this subsection is a
report setting forth the strategy of the Army for the upgrade
of M113 vehicles that includes the following:
(1) A detailed strategy for upgrading and fielding
M113 vehicles.
(2) An analysis of the manner in which the Army
plans to address M113 vehicle survivability and
maneuverability concerns.
(3) An analysis of the historical costs associated
with upgrading M113 vehicles, and a validation of
current cost estimates for upgrading such vehicles.
(4) A comparison of--
(A) the total procurement and life cycle
costs of adding an echelon above brigade
requirement to the Army Multi-Purpose Vehicle;
and
(B) the total procurement and life cycle
costs of upgrading legacy M113 vehicles.
(5) An analysis of the possibility of further
accelerating Army Multi-Purpose Vehicle production or
modifying the fielding strategy for the Army Multi-
Purpose Vehicle to meet near-term echelon above brigade
requirements.
Subtitle C--Navy Programs
SEC. 121. AIRCRAFT CARRIERS.
(a) Modification of Cost Limitation Baseline for CVN-78
Class Aircraft Carrier Program.--Section 122 of the John Warner
National Defense Authorization Act for Fiscal Year 2007 (Public
Law 109-364; 120 Stat. 2105), as most recently amended by
section 122 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 749), is
amended--
(1) in subsection (a), by striking paragraph (2)
and inserting the following:
``(2) Carrier designated as cvn-79.--The total
amount obligated from funds appropriated or otherwise
made available for Shipbuilding and Conversion, Navy,
or for any other procurement account, for the aircraft
carrier designated as CVN-79 may not exceed
$11,398,000,000 (as adjusted pursuant to subsection
(b)).
``(3) Follow-on ships.--The total amount obligated
from funds appropriated or otherwise made available for
Shipbuilding and Conversion, Navy, or for any other
procurement account, for any ship that is constructed
in the CVN-78 class of aircraft carriers after the
aircraft carrier designated as CVN-79 may not exceed
$12,568,000,000 (as adjusted pursuant to subsection
(b)).'';
(2) in subsection (b), by amending paragraph (1) to
read as follows:
``(1) The amounts of increases or decreases in
costs attributable to economic inflation--
``(A) after September 30, 2013, in the case
of the aircraft carrier designated as CVN-79;
and
``(B) after September 30, 2017, in the case
of any ship that is constructed in the CVN-78
class of aircraft carriers after the aircraft
carrier designated as CVN-79.''; and
(3) by adding at the end the following:
``(g) Exclusion of Battle and Interim Spares From Cost
Limitation.--The Secretary of the Navy shall exclude from the
determination of the amounts set forth in paragraphs (2) and
(3) of subsection (a), the costs of the following items:
``(1) CVN-78 class battle spares.
``(2) Interim spares.''.
(b) Waiver on Limitation of Availability of Funds for CVN-
79.--The Secretary of Defense may waive subsections (a) and (b)
of section 128 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 751) after a
period of 60 days has elapsed following the date on which the
Secretary submits to the congressional defense committees a
written notification of the intent of the Secretary to issue
such a waiver. The Secretary shall include in any such
notification the following:
(1) The rationale of the Secretary for issuing the
waiver.
(2) The revised test and evaluation master plan
that describes when full ship shock trials will be held
on Ford-class aircraft carriers.
(3) A certification that the Secretary has analyzed
and accepted the operational risk of the U.S.S. Gerald
R. Ford deploying without having conducted full ship
shock trials, and that the Secretary has not delegated
the decision to issue such waiver.
SEC. 122. ICEBREAKER VESSEL.
(a) Authority to Procure One Polar-class Heavy
Icebreaker.--
(1) In general.--There is authorized to be procured
for the Coast Guard one polar-class heavy icebreaker
vessel.
(2) Condition for out-year contract payments.--A
contract entered into under paragraph (1) shall provide
that any obligation of the United States to make a
payment under the contract for a fiscal year after
fiscal year 2018 is subject to the availability of
appropriations or funds for that purpose for such later
fiscal year.
(b) Limitation on Availability of Funds for Procurement of
Icebreaker Vessels.--None of the funds authorized to be
appropriated by this Act or otherwise made available for the
Department of Defense for any fiscal year that are unobligated
as of the date of the enactment of this Act may be obligated or
expended for the procurement of an icebreaker vessel other than
the one polar-class heavy icebreaker vessel authorized to be
procured under subsection (a)(1).
(c) Contracting Authority.--
(1) Coast guard.--If funds are appropriated to the
department in which the Coast Guard is operating to
carry out subsection (a)(1), the head of contracting
activity for the Coast Guard shall be responsible for
contracting actions carried out using such funds.
(2) Navy.--If funds are appropriated to the
Department of Defense to carry out subsection (a)(1),
the head of contracting activity for the Navy, Naval
Sea Systems Command shall be responsible for
contracting actions carried out using such funds.
(3) Interagency acquisition.--Notwithstanding
paragraphs (1) and (2), the head of contracting
activity for the Coast Guard or head of contracting
activity for the Navy, Naval Sea Systems Command (as
the case may be) may authorize interagency acquisitions
that are within the authority of such head of
contracting activity.
(d) Comptroller General Report.--
(1) In general.--Not later than March 1, 2018, the
Comptroller General of the United States shall submit
to the congressional defense committees, the Committee
on Commerce, Science, and Transportation of the Senate,
and the Committee on Transportation and Infrastructure
of the House of Representatives a report assessing the
cost of, and schedule for, the procurement of new
icebreaker vessels for the Federal Government.
(2) Elements.--The report under paragraph (1) shall
include an analysis of the following:
(A) The status of the efforts of the Coast
Guard to acquire new icebreaking capability,
including an explanation of how such efforts
are coordinated through the integrated program
office.
(B) Actions taken by the Coast Guard to
incorporate key practices of other countries
with respect to the procurement of icebreaker
vessels to increase the Coast Guard's knowledge
of, and to reduce the costs and risks of,
procuring such vessels.
(C) The extent to which the cost and
schedule for the construction of Coast Guard
icebreakers differs from such cost and schedule
in other countries.
(D) The extent to which innovative
acquisition practices (such as multiyear
funding and block buys) may be applied to the
procurement of icebreaker vessels to reduce the
costs and accelerate the schedule of such
procurement.
(E) A capacity replacement plan to mitigate
a potential icebreaker capability gap if the
Polar Star cannot remain in service.
(F) Any other matters the Comptroller
General considers appropriate.
SEC. 123. MULTIYEAR PROCUREMENT AUTHORITY FOR ARLEIGH BURKE CLASS
DESTROYERS.
(a) Authority for Multiyear Procurement.--Subject to
section 2306b of title 10, United States Code, the Secretary of
the Navy may enter into one or more multiyear contracts for the
procurement of up to 15 Arleigh Burke class Flight III guided
missile destroyers.
(b) Authority for Advance Procurement.--The Secretary of
the Navy may enter into one or more contracts, beginning in
fiscal year 2018, for advance procurement associated with the
destroyers for which authorization to enter into a multiyear
procurement contract is provided under subsection (a), and for
systems and subsystems associated with such destroyers in
economic order quantities when cost savings are achievable.
(c) Condition for Out-year Contract Payments.--A contract
entered into under subsection (a) shall provide that any
obligation of the United States to make a payment under the
contract for a fiscal year after fiscal year 2018 is subject to
the availability of appropriations or funds for that purpose
for such later fiscal year.
(d) Limitation.--The Secretary of the Navy may not modify a
contract entered into under subsection (a) if the modification
would increase the target price of the destroyer by more than
10 percent above the target price specified in the original
contract awarded for the destroyer under subsection (a).
SEC. 124. MULTIYEAR PROCUREMENT AUTHORITY FOR VIRGINIA CLASS SUBMARINE
PROGRAM.
(a) Authority for Multiyear Procurement.--Subject to
section 2306b of title 10, United States Code, the Secretary of
the Navy may enter into one or more multiyear contracts for the
procurement of not more than 13 Virginia class submarines.
(b) Limitation.--The Secretary of the Navy may not modify a
contract entered into under subsection (a) if the modification
would increase the target price of the submarine by more than
10 percent above the target price specified in the original
contract awarded for the submarine under subsection (a).
(c) Authority for Advance Procurement.--The Secretary of
the Navy may enter into one or more contracts, beginning in
fiscal year 2018, for advance procurement associated with the
Virginia class submarines for which authorization to enter into
a multiyear procurement contract is provided under subsection
(a) and for equipment or subsystems associated with the
Virginia class submarine program, including procurement of--
(1) long lead time material; or
(2) material or equipment in economic order
quantities when cost savings are achievable.
(d) Condition for Out-year Contract Payments.--A contract
entered into under subsection (a) shall provide that any
obligation of the United States to make a payment under the
contract for a fiscal year after fiscal year 2019 is subject to
the availability of appropriations or funds for that purpose
for such later fiscal year.
(e) Limitation on Termination Liability.--A contract for
the construction of Virginia class submarines entered into
under subsection (a) shall include a clause that limits the
liability of the United States to the contractor for any
termination of the contract. The maximum liability of the
United States under the clause shall be the amount appropriated
for the submarines covered by the contract regardless of the
amount obligated under the contract.
(f) Virginia Class Submarine Defined.--The term ``Virginia
class submarine'' means a block V configured Virginia class
submarine.
SEC. 125. DESIGN AND CONSTRUCTION OF THE LEAD SHIP OF THE AMPHIBIOUS
SHIP REPLACEMENT DESIGNATED LX(R) OR AMPHIBIOUS
TRANSPORT DOCK DESIGNATED LPD-30.
(a) In General.--Using funds authorized to be appropriated
for the Department of Defense for Shipbuilding and Conversion,
Navy, the Secretary of the Navy may enter into a contract,
beginning with the fiscal year 2018 program year, for the
design and construction of--
(1) the lead ship of the amphibious ship
replacement class designated LX(R); or
(2) the amphibious transport dock designated LPD-
30.
(b) Use of Incremental Funding.--With respect to the
contract entered into under subsection (a), the Secretary may
use incremental funding to make payments under the contract.
(c) Condition for Out-year Contract Payments.--The contract
entered into under subsection (a) shall provide that any
obligation of the United States to make a payment under such
contract for any fiscal year after fiscal year 2018 is subject
to the availability of appropriations for that purpose for such
later fiscal year.
SEC. 126. MULTIYEAR PROCUREMENT AUTHORITY FOR V-22 OSPREY AIRCRAFT.
(a) Authority for Multiyear Procurement.--Subject to
section 2306b of title 10, United States Code (except as
provided in subsection (b)), the Secretary of the Navy may
enter into one or more multiyear contracts, beginning with the
2018 program year, for the procurement of the following:
(1) V-22 Osprey aircraft.
(2) Common configuration-readiness and
modernization upgrades for V-22 Osprey aircraft.
(b) Contract Period.--Notwithstanding section 2306b(k) of
title 10, United States Code, the period covered by a contract
entered into on a multiyear basis under the authority of
subsection (a) may exceed five years, but may not exceed seven
years.
(c) Condition for Out-year Contract Payments.--A contract
entered into under subsection (a) shall provide that any
obligation of the United States to make a payment under the
contract for a fiscal year after fiscal year 2018 is subject to
the availability of appropriations or funds for that purpose
for such later fiscal year.
SEC. 127. EXTENSION OF LIMITATION ON USE OF SOLE-SOURCE SHIPBUILDING
CONTRACTS FOR CERTAIN VESSELS.
Section 124 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328) is amended by striking
``2017'' and inserting ``2017 or fiscal year 2018''.
SEC. 128. LIMITATION ON AVAILABILITY OF FUNDS FOR THE ENHANCED MULTI-
MISSION PARACHUTE SYSTEM.
(a) Limitation.--Of the funds authorized to be appropriated
by this Act or otherwise made available for the Department of
Defense for fiscal year 2018 for the enhanced multi-mission
parachute system, not more than 80 percent may be used to enter
into, or to prepare to enter into, a contract for the
procurement of such parachute system until the date on which
the Secretary of the Navy submits to the congressional defense
committees the certification under subsection (b) and the
report under subsection (c).
(b) Certification.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of the Navy shall
submit to the congressional defense committees a certification
that states--
(1) whether the multi-mission parachute system
fielded by the Marine Corps meets Marine Corps
requirements;
(2) whether the RA-1 parachute system of the Army
meets Marine Corps requirements;
(3) whether the PARIS, Special Application
Parachute of the Marine Corps meets Marine Corps
requirements;
(4) whether the testing plan for the enhanced
multi-mission parachute system meets all applicable
regulatory requirements; and
(5) whether the Department of the Navy has
determined that a high glide canopy parachute system is
as safe and effective as the fielded free fall
parachute systems.
(c) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of the Navy shall submit
to the congressional defense committees a report that
includes--
(1) an explanation for using the Parachute Industry
Association specification for a military parachute
given that sports parachutes are deployed from
relatively slow flying civilian aircraft at altitudes
below 10,000 feet;
(2) a cost estimate for any new equipment and
training that the Marine Corps will require in order to
use a high glide parachute;
(3) justification for why the Department of the
Navy is not conducting any testing of parachutes until
first article testing; and
(4) an assessment of the risks associated with high
glide canopy parachutes with a focus on how the
Department of the Navy will mitigate the risk of
malfunctions experienced in other high glide canopy
parachute programs.
SEC. 129. REPORT ON NAVY CAPACITY TO INCREASE PRODUCTION OF CERTAIN
ROTARY WING AIRCRAFT.
(a) Report.--Not later than March 30, 2018, the Secretary
of the Navy shall submit to the congressional defense
committees a report that describes and assesses the capacity of
the Navy to increase production of the aircraft described in
subsection (b), taking into account an increase in the size of
the surface fleet of the Navy to 355 ships.
(b) Aircraft Described.--The aircraft described in this
subsection are the following:
(1) Anti-submarine warfare rotary wing aircraft.
(2) Search and rescue rotary wing aircraft.
Subtitle D--Air Force Programs
SEC. 131. INVENTORY REQUIREMENT FOR AIR FORCE FIGHTER AIRCRAFT.
(a) Inventory Requirement.--Section 8062 of title 10,
United States Code, is amended by adding at the end the
following new subsection:
``(i)(1) During the period beginning on October 1, 2017,
and ending on October 1, 2022, the Secretary of the Air Force
shall maintain a total aircraft inventory of fighter aircraft
of not less than 1,970 aircraft, and a total primary mission
aircraft inventory (combat-coded) of not less than 1,145
fighter aircraft.
``(2) In this subsection:
``(A) The term `fighter aircraft' means an aircraft
that--
``(i) is designated by a mission design
series prefix of F- or A-;
``(ii) is manned by one or two crewmembers;
and
``(iii) executes single-role or multi-role
missions, including air-to-air combat, air-to-
ground attack, air interdiction, suppression or
destruction of enemy air defenses, close air
support, strike control and reconnaissance,
combat search and rescue support, or airborne
forward air control.
``(B) The term `primary mission aircraft inventory'
means aircraft assigned to meet the primary aircraft
authorization to a unit for the performance of its
wartime mission.''.
(b) Limitation on Retirement of Air Force Fighter
Aircraft.--
(1) Limitation.--Except as provided in subsection
(c), during the period beginning on October 1, 2017,
and ending on October 1, 2022, the Secretary of the Air
Force may not proceed with a decision to retire fighter
aircraft in any number that would reduce the total
number of such aircraft in the Air Force total active
inventory below 1,970, and shall maintain a minimum of
1,145 fighter aircraft designated as primary mission
aircraft inventory.
(2) Additional limitations on retirement of fighter
aircraft.--Except as provided in subsection (c), during
the period beginning on October 1, 2017, and ending on
October 1, 2022, the Secretary of the Air Force may not
retire fighter aircraft from the total active inventory
as of the date of the enactment of this Act until the
later of the following:
(A) The date that is 30 days after the date
on which the Secretary submits the report
required under paragraph (3).
(B) The date that is 30 days after the date
on which the Secretary certifies to the
congressional defense committees that--
(i) the retirement of such fighter
aircraft will not increase the
operational risk of meeting the
National Defense Strategy; and
(ii) the retirement of such
aircraft will not reduce the total
fighter force structure below 1,970
fighter aircraft or the primary mission
aircraft inventory below 1,145.
(3) Report on retirement of aircraft.--The
Secretary of the Air Force shall submit to the
congressional defense committees a report setting forth
the following:
(A) The rationale for the retirement of
existing fighter aircraft and an operational
analysis of the portfolio of capabilities of
the Air Force that demonstrates performance of
the designated mission at an equal or greater
level of effectiveness as the retiring
aircraft.
(B) An assessment of the implications for
the Air Force, the Air National Guard, and the
Air Force Reserve of the force mix ratio of
fighter aircraft.
(C) Such other matters relating to the
retirement of fighter aircraft as the Secretary
considers appropriate.
(c) Exception for Certain Aircraft.--The requirement of
subsection (b) does not apply to individual fighter aircraft
that the Secretary of the Air Force determines, on a case-by-
case basis, to be non-operational because of mishaps, other
damage, or being uneconomical to repair.
(d) Fighter Aircraft Defined.--In this section, the term
``fighter aircraft'' has the meaning given the term in
subsection (i)(2)(A) of section 8062 of title 10, United States
Code, as added by subsection (a) of this section.
SEC. 132. PROHIBITION ON AVAILABILITY OF FUNDS FOR RETIREMENT OF E-8
JSTARS AIRCRAFT.
(a) Prohibition on Availability of Funds for Retirement.--
Except as provided by subsection (b), none of the funds
authorized to be appropriated by this Act or otherwise made
available for fiscal year 2018 for the Air Force may be
obligated or expended to retire, or prepare to retire, any E-8
Joint Surveillance Target Attack Radar System aircraft.
(b) Exception.--The prohibition in subsection (a) shall not
apply to individual E-8 Joint Surveillance Target Attack Radar
System aircraft that the Secretary of the Air Force determines,
on a case-by-case basis, to be non-operational because of
mishaps, other damage, or being uneconomical to repair.
SEC. 133. REQUIREMENT FOR CONTINUATION OF JSTARS AIRCRAFT
RECAPITALIZATION PROGRAM.
(a) In General.--If the budget request submitted to
Congress for any fiscal year includes a request by the
Secretary of the Air Force to cancel or modify the JSTARS
aircraft recapitalization program, the Secretary of Defense
shall submit, as part of such budget request, the report
described in subsection (b).
(b) Report.--The report described in this subsection, is a
report that includes the following:
(1) The assumptions, rationale, and all analysis
supporting the proposed cancellation or modification of
the JSTARS aircraft recapitalization program.
(2) An assessment of the implications of such
cancellation or modification for meeting the mission
requirements for air battle management and moving
target indicator intelligence discipline of the Air
Force, the Air National Guard, the Army, the Army
National Guard, the Navy and Marine Corps, and the
combatant commands.
(3) A certification that the plan for the
cancellation or modification of the recapitalization
program would not result in an increased time during
which there is a capability or capacity gap in
providing battlefield management, command and control
and intelligence, surveillance, and reconnaissance
capabilities to the combatant commanders.
(4) Such other matters relating to the proposed
cancellation or modification as the Secretary considers
appropriate.
(c) Form of Report.--The report under subsection (b) shall
be submitted in unclassified form, but may include a classified
annex.
(d) Definitions.--In this section:
(1) The term ``budget request'' means the budget
materials submitted by the Secretary of Defense in
support of the budget of the President for a fiscal
year (submitted to Congress pursuant to section 1105 of
title 31, United States Code).
(2) The term ``JSTARS aircraft recapitalization
program'' means the recapitalization program for the E-
8C Joint Surveillance Target Attack Radar System
aircraft as such program is proposed to be carried out
in the budget request submitted to Congress for fiscal
year 2018.
SEC. 134. LIMITATION ON SELECTION OF SINGLE CONTRACTOR FOR C-130H
AVIONICS MODERNIZATION PROGRAM INCREMENT 2.
(a) Limitation.--The Secretary of the Air Force may not
select only a single prime contractor to carry out increment 2
of the C-130H avionics modernization program until the
Secretary submits to the congressional defense committees a
written certification that, in selecting such a single prime
contractor--
(1) the Secretary will ensure, to the extent
practicable, that commercially available off-the-shelf
items are used under the program, including technology
solutions and nondevelopmental items; and
(2) excessively restrictive military specification
standards will not be used to restrict or eliminate
full and open competition in the selection process.
(b) Definitions.--In this section, the terms ``commercially
available off-the-shelf item'', ``full and open competition'',
and ``nondevelopmental item'' have the meanings given the terms
in chapter 1 of title 41, United States Code.
SEC. 135. LIMITATION ON AVAILABILITY OF FUNDS FOR EC-130H COMPASS CALL
RECAPITALIZATION PROGRAM.
(a) Limitation.--None of the funds authorized to be
appropriated by this Act or otherwise made available for any
fiscal year for the EC-130H Compass Call recapitalization
program of the Air Force may be obligated until a period of 30
days has elapsed following the date on which the Under
Secretary of Defense for Acquisition, Technology, and Logistics
submits to the congressional defense committees the
certification described in subsection (b).
(b) Certification.--The certification described in this
subsection is a written statement certifying that--
(1) an independent review of the acquisition
process for the EC-130H Compass Call recapitalization
program of the Air Force has been conducted; and
(2) as a result of such review, it has been
determined that the acquisition process for such
program complies with all applicable laws, guidelines,
and best practices.
SEC. 136. LIMITATION ON RETIREMENT OF U-2 AND RQ-4 AIRCRAFT.
(a) Limitation.--The Secretary of the Air Force may take no
action that would prevent the Air Force from maintaining the
fleets of U-2 aircraft or RQ-4 aircraft in their current, or
improved, configurations and capabilities until--
(1) the Under Secretary of Defense for Acquisition,
Technology, and Logistics certifies in writing to the
appropriate committees of Congress that--
(A) in the case of the RQ-4 aircraft, the
validated operating and sustainment costs of
the capability developed to replace the RQ-4
aircraft are less than the validated operating
and sustainment costs for the RQ-4 aircraft on
a comparable flight-hour cost basis; or
(B) in the case of the U-2 aircraft, the
validated operating and sustainment costs of
the capability developed to replace the U-2
aircraft are less than the validated operating
and sustainment costs for the U-2 aircraft on a
comparable flight-hour cost basis; and
(2) the Chairman of the Joint Requirements
Oversight Council certifies in writing to the
appropriate committees of Congress that the capability
to be fielded at the same time or before the retirement
of the U-2 aircraft or RQ-4 aircraft (as the case may
be) would result in equal or greater capability
available to the commanders of the combatant commands
and would not result in less capacity available to the
commanders of the combatant commands.
(b) Waiver.--The Secretary of Defense may waive the
certification requirement under subsection (a)(1) with respect
to U-2 aircraft or RQ-4 aircraft if the Secretary--
(1) determines, after analyzing sufficient and
relevant data, that a greater capability is worth
increased operating and sustainment costs; and
(2) provides to the appropriate committees of
Congress a certification of such determination and
supporting analysis.
(c) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services, the Committee
on Appropriations, and the Select Committee on
Intelligence of the Senate; and
(2) the Committee on Armed Services, the Committee
on Appropriations, and the Permanent Select Committee
on Intelligence of the House of Representatives.
(d) Repeal.--Section 133 of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125
Stat. 1321) is repealed.
SEC. 137. COST-BENEFIT ANALYSIS OF UPGRADES TO MQ-9 REAPER AIRCRAFT.
(a) In General.--The Secretary of Defense, in consultation
with the Secretary of the Air Force, shall conduct an analysis
that compares the costs and benefits of the following:
(1) Upgrading fielded MQ-9 Reaper aircraft to a
Block 5 configuration.
(2) Proceeding with the procurement of MQ-9B
aircraft instead of upgrading fielded MQ-9 Reaper
aircraft to a Block 5 configuration.
(b) Report Required.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense
committees a report that includes the results of the
cost-benefit analysis conducted under subsection (a).
(2) Form of report.--The report required by
paragraph (1) shall be submitted in unclassified form,
but may include a classified annex.
SEC. 138. PLAN FOR MODERNIZATION OF THE RADAR FOR F-16 FIGHTER AIRCRAFT
OF THE NATIONAL GUARD.
(a) Modernization Plan Required.--The Secretary of the Air
Force shall develop a plan to modernize the radars of F-16
fighter aircraft of the National Guard by replacing legacy
mechanically-scanned radars for such aircraft with active
electronically scanned array radars.
(b) Report.--Not later 180 days after the date of the
enactment of this Act, the Secretary of the Air Force shall
submit to the congressional defense committees the plan
developed under subsection (a).
SEC. 139. COMPTROLLER GENERAL REVIEW OF AIR FORCE FIELDING PLAN FOR HH-
60 REPLACEMENT PROGRAMS.
(a) Comptroller General Review.--The Comptroller General of
the United States shall conduct a review of the Air Force
fielding plan for the HH-60 replacement programs.
(b) Elements.--The review conducted under subsection (a)
shall include, with respect to the HH-60 replacement programs,
the following:
(1) A description of the recommendations of the
National Commission on the Structure of the Air Force
regarding the use of concurrent and proportional
fielding and how the Air Force applied the
recommendations in the fielding plan for the HH-60G
replacement programs.
(2) An evaluation of the fielding plan, including
an assessment of the Air Force rationale for the plan,
as well as the alternative fielding plans considered by
the Air Force.
(3) An evaluation of the potential readiness impact
of the fielding plan on active duty, National Guard,
and Reserve units, including the impact of the plan on
the ability of such units to meet training,
maintenance, and deployment requirements, as well as
the implications for total force integration
initiatives should the fielding not be proportional.
(c) Briefing.--Not later than March 1, 2018, the
Comptroller General shall provide a briefing to the
congressional defense committees on the review conducted under
subsection (a).
(d) Final Report.--Not later than June 30, 2018, the
Comptroller General shall submit to the congressional
committees a report that includes the results of the review
conducted under subsection (a).
(e) HH-60G Replacement Programs Defined.--In this section,
the term ``HH-60G replacement programs'' means the HH-60G Ops
Loss Replacement program and the HH-60W Combat Rescue
Helicopter program.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
SEC. 141. F-35 ECONOMIC ORDER QUANTITY CONTRACTING AUTHORITY.
(a) In General.--Subject to subsections (b) through (e),
from amounts made available for obligation under the F-35
aircraft program, the Secretary of Defense may enter into one
or more contracts, beginning with the fiscal year 2018 program
year, for the procurement of economic order quantities of
material and equipment that has completed formal hardware
qualification testing for the F-35 aircraft program for use in
procurement contracts to be awarded for such program during
fiscal years 2019 and 2020.
(b) Limitation.--The total amount obligated under all
contracts entered into under subsection (a) shall not exceed
$661,000,000.
(c) Preliminary Findings.--Before entering into a contract
under subsection (a), the Secretary shall make each of the
following findings with respect to such contract:
(1) The use of such a contract will result in
significant savings of the total anticipated costs of
carrying out the program through annual contracts.
(2) The minimum need for the property to be
procured is expected to remain substantially unchanged
during the contemplated contract period in terms of
production rate, procurement rate, and total
quantities.
(3) There is a reasonable expectation that,
throughout the contemplated contract period, the
Secretary will request funding for the contract at the
level required to avoid contract cancellation.
(4) That there is a stable design for the property
to be procured and that the technical risks associated
with such property are not excessive.
(5) The estimates of both the cost of the contract
and the anticipated cost avoidance through the use of
an economic order quantity contract are realistic.
(6) Entering into the contract will promote the
national security interests of the United States.
(d) Certification Requirement.--Except as provided in
subsection (e), the Secretary of Defense may not enter into a
contract under subsection (a) until a period of 30 days has
elapsed following the date on which the Secretary certifies to
the congressional defense committees, in writing, that each of
the following conditions is satisfied:
(1) A sufficient number of end items of the system
being acquired under such contract have been delivered
at or within the most recently available estimates of
the program acquisition unit cost or procurement unit
cost for such system to determine that the estimates of
the unit costs are realistic.
(2) During the fiscal year in which such contract
is to be awarded, sufficient funds will be available to
perform the contract in such fiscal year, and the
future-years defense program submitted to Congress
under section 221 of title 10, United States Code, for
that fiscal year will include the funding required to
execute the program without cancellation.
(3) The contract is a fixed-price type contract.
(4) The proposed contract provides for production
at not less than minimum economic rates given the
existing tooling and facilities.
(5) The Secretary has determined that each of the
conditions described in paragraphs (1) through (6) of
subsection (c) will be met by such contract and has
provided the basis for such determination to the
congressional defense committees.
(6) The determination under paragraph (5) was made
after the completion of a cost analysis performed by
the Director of Cost Assessment and Program Evaluation
for the purpose of section 2334(e)(1) of title 10,
United States Code, and the analysis supports that
determination.
(e) Exception.--Notwithstanding subsection (d), the
Secretary of Defense may enter into a contract under subsection
(a) on or after March 1, 2018, if--
(1) the Director of Cost Assessment and Program
Evaluation has not completed a cost analysis of the
preliminary findings made by the Secretary under
subsection (c) with respect to the contract;
(2) the Secretary certifies to the congressional
defense committees, in writing, that each of the
conditions described in paragraphs (1) through (5) of
subsection (d) is satisfied; and
(3) a period of 30 days has elapsed following the
date on which the Secretary submits the certification
under paragraph (2).
SEC. 142. AUTHORITY FOR EXPLOSIVE ORDNANCE DISPOSAL UNITS TO ACQUIRE
NEW OR EMERGING TECHNOLOGIES AND CAPABILITIES.
The Secretary of Defense, after consultation with the head
of each military service, may provide to an explosive ordnance
disposal unit the authority to acquire new or emerging
technologies and capabilities that are not specifically
provided for in the authorized equipment allowance for the
unit, as such allowance is set forth in the table of equipment
and table of allowance for the unit.
SEC. 143. REQUIREMENT THAT CERTAIN AIRCRAFT AND UNMANNED AERIAL
VEHICLES USE SPECIFIED STANDARD DATA LINK.
Section 157 of the National Defense Authorization Act for
Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1667) is
amended--
(1) by amending subsection (b) to read as follows:
``(b) Solicitations.--The Secretary of Defense shall--
``(1) ensure that any solicitation issued for a
Common Data Link described in subsection (a),
regardless of whether the solicitation is issued by a
military department or a contractor with respect to a
subcontract--
``(A) conforms to a Department of Defense
specification standard, including interfaces
and waveforms, existing as of the date of the
solicitation; and
``(B) does not include any proprietary or
undocumented waveforms or control interfaces or
data interfaces as a requirement or criterion
for evaluation; and
``(2) notify the congressional defense committees
not later than 15 days after issuing a solicitation for
a Common Data Link to be sunset (CDL-TBS) waveform.'';
and
(2) in subsection (c), in the matter preceding
paragraph (1)--
(A) by striking ``Under Secretary of
Defense for Acquisition, Technology, and
Logistics'' and inserting ``Deputy Secretary of
Defense'';
(B) by striking ``Under Secretary'' and
inserting ``Deputy Secretary of Defense''; and
(C) by inserting ``before October 1, 2023''
after ``committees''.
SEC. 144. REINSTATEMENT OF REQUIREMENT TO PRESERVE CERTAIN C-5
AIRCRAFT; MOBILITY CAPABILITY AND REQUIREMENTS
STUDY.
(a) Preservation of Retired Aircraft.--Section 141 of the
National Defense Authorization Act for Fiscal Year 2013 (Public
Law 112-239; 126 Stat. 1659), as amended by section 132 of the
National Defense Authorization Act for Fiscal Year 2017 (Public
Law 114-328), is amended by inserting after subsection (c) the
following:
``(d) Preservation of Certain Retired C-5 Aircraft.--
``(1) In general.--The Secretary of the Air Force
shall preserve eight retired C-5 aircraft until the
date that is 30 days after the date on which the
briefing under section 144(b) of the National Defense
Authorization Act for Fiscal Year 2018 is provided to
the congressional defense committees.
``(2) Manner of preservation.--The retired C-5
aircraft preserved under paragraph (1) shall be
preserved such that each aircraft--
``(A) can be returned to service; and
``(B) is not used to supply parts to other
aircraft unless specifically authorized by the
Secretary of Defense upon a request by the
Secretary of the Air Force.''.
(b) Study and Briefing.--
(1) Study.--The Secretary of Defense shall carry
out a mobility capability and requirements study that
estimates the number or airlift aircraft, tanker
aircraft, and sealift ships needed to meet combatant
commander requirements.
(2) Briefing.--Not later than September 30, 2018,
the Secretary of Defense shall provide to the
congressional defense committees a briefing on the
results of the study carried out under paragraph (1).
The briefing shall include--
(A) a detailed explanation of the strategy
and associated force sizing and shaping
constructs, associated scenarios, and
assumptions used to conduct the analysis;
(B) estimated risk based on Chairman of the
Joint Chiefs of Staff risk management
classifications; and
(C) implications of operations in contested
areas with regard to the Civil Reserve Air
Fleet.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Cost controls for presidential aircraft recapitalization
program.
Sec. 212. Capital investment authority.
Sec. 213. Prizes for advanced technology achievements.
Sec. 214. Joint Hypersonics Transition Office.
Sec. 215. Department of Defense directed energy weapon system
prototyping and demonstration program.
Sec. 216. Appropriate use of authority for prototype projects.
Sec. 217. Mechanisms for expedited access to technical talent and
expertise at academic institutions to support Department of
Defense missions.
Sec. 218. Modification of laboratory quality enhancement program.
Sec. 219. Reauthorization of Department of Defense Established Program
to Stimulate Competitive Research.
Sec. 220. Codification and enhancement of authorities to provide funds
for defense laboratories for research and development of
technologies for military missions.
Sec. 221. Expansion of definition of competitive procedures to include
competitive selection for award of science and technology
proposals.
Sec. 222. Inclusion of modeling and simulation in test and evaluation
activities for purposes of planning and budget certification.
Sec. 223. Limitation on availability of funds for F-35 Joint Strike
Fighter Follow-On Modernization.
Sec. 224. Improvement of update process for populating mission data
files used in advanced combat aircraft.
Sec. 225. Support for national security innovation and entrepreneurial
education.
Sec. 226. Limitation on cancellation of designation Executive Agent for
a certain Defense Production Act program.
Subtitle C--Reports and Other Matters
Sec. 231. Columbia-class program accountability matrices.
Sec. 232. Review of barriers to innovation in research and engineering
activities of the Department of Defense.
Sec. 233. Pilot program to improve incentives for technology transfer
from Department of Defense laboratories.
Sec. 234. Competitive acquisition plan for low probability of detection
data link networks.
Sec. 235. Clarification of selection dates for pilot program for the
enhancement of the research, development, test, and evaluation
centers of the Department of Defense.
Sec. 236. Requirement for a plan to build a prototype for a new ground
combat vehicle for the Army.
Sec. 237. Plan for successfully fielding the Integrated Air and Missile
Defense Battle Command System.
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2018 for the use of the Department of Defense for
research, development, test, and evaluation, as specified in
the funding table in section 4201.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. COST CONTROLS FOR PRESIDENTIAL AIRCRAFT RECAPITALIZATION
PROGRAM.
(a) Fixed Capability Requirements.--Except as provided in
subsection (b), the capability requirements for aircraft
procured under the presidential aircraft recapitalization
program of the Air Force (referred to in this section as the
``PAR Program'') shall be the capability requirements
identified in version 7.0.2 of the system requirement document
for the PAR Program.
(b) Adjustments.--The Chief of Staff of the Air Force may
adjust the capability requirements described in subsection (a)
only if the Chief of Staff submits to the congressional defense
committees a written determination that such adjustment is
necessary--
(1) to resolve an ambiguity relating to the
capability requirement;
(2) to address a problem with the administration of
the capability requirement;
(3) to lower the development cost or life-cycle
cost of the PAR program;
(4) to comply with a change in international,
Federal, State, or local law or regulation that takes
effect after September 30, 2017;
(5) to address a safety issue; or
(6) subject to subsection (c), to address an
emerging threat or vulnerability.
(c) Limitation on Adjustment for Emerging Threat or
Vulnerability.--The Chief of Staff of the Air Force may use the
authority under paragraph (6) of subsection (b) to adjust the
requirements described in subsection (a) only if the Secretary
and the Chief of Staff of the Air Force, on a nondelegable
basis--
(1) jointly determine that such adjustment is
necessary and in the interests of the national security
of the United States; and
(2) submit to the congressional defense committees
notice of such joint determination.
(d) Analysis for Fixed-price Type Contracts.--The Secretary
of the Air Force shall work with the contractor and conduct an
analysis of risk and explore opportunities to enter into
additional fixed price type contracts for engineering and
manufacturing development beyond the procurement of the
unmodified commercial aircraft as described in paragraph (1).
(e) Quarterly Briefings.--
(1) In general.--Beginning not later than October
1, 2017, and on a quarterly basis thereafter through
October 1, 2022, the Secretary of the Air Force shall
provide to the congressional defense committees a
briefing on the efforts of the Secretary to control
costs under the PAR Program.
(2) Elements.--Each briefing under paragraph (1)
shall include, with respect to the PAR Program, the
following:
(A) An overview of the program schedule.
(B) A description of each contract awarded
under the program, including a description of
the type of contract and the status of the
contract.
(C) An assessment of the status of the
program with respect to--
(i) modification;
(ii) testing;
(iii) delivery; and
(iv) sustainment.
(f) Service Acquisition Executive Defined.--In this
section, the term ``service acquisition executive'' has the
meaning given that term in section 101(a)(10) of title 10,
United States Code.
SEC. 212. CAPITAL INVESTMENT AUTHORITY.
Section 2208(k)(2) of title 10, United States Code, is
amended by striking ``$250,000'' and inserting ``$500,000 for
procurements by a major range and test facility installation or
a science and technology reinvention laboratory and not less
than $250,000 for procurements at all other facilities''.
SEC. 213. PRIZES FOR ADVANCED TECHNOLOGY ACHIEVEMENTS.
Section 2374a of title 10, United States Code, is amended--
(1) in subsection (a), by striking ``in recognition
of'' and inserting ``and other types of prizes that the
Secretary determines are appropriate to recognize'';
(2) in subsection (c)--
(A) in paragraph (1), by striking ``cash
prize of'' and inserting ``prize with a fair
market value of'';
(B) in paragraph (2), by striking ``Under
Secretary of Defense for Acquisition,
Technology, and Logistics'' and inserting
``Under Secretary of Defense for Research and
Engineering''; and
(C) by adding at the end the following new
paragraph:
``(3) No prize competition may result in the award of a
solely nonmonetary prize with a fair market value of more than
$10,000 without the approval of the Under Secretary of Defense
for Research and Engineering.'';
(3) in subsection (e)--
(A) by inserting ``or nonmonetary items''
after ``accept funds'';
(B) by striking ``and from State and local
governments'' and inserting ``, from State and
local governments, and from the private
sector''; and
(C) by adding at the end the following:
``The Secretary may not give any special
consideration to any private sector entity in
return for a donation.''; and
(4) by amending subsection (f) to read as follows:
``(f) Use of Prize Authority.--Use of prize authority under
this section shall be considered the use of competitive
procedures for the purposes of section 2304 of this title.''.
SEC. 214. JOINT HYPERSONICS TRANSITION OFFICE.
(a) Redesignation.--The joint technology office on
hypersonics in the Office of the Secretary of Defense is
redesignated as the ``Joint Hypersonics Transition Office''.
Any reference in a law (other than this section), map,
regulation, document, paper, or other record of the United
States to the joint technology office on hypersonics shall be
deemed to be a reference to the Joint Hypersonics Transition
Office.
(b) Hypersonics Development.--Section 218 of the John
Warner National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364; 10 U.S.C. 2358 note), as amended by
section 1079(f) of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 999), is
amended--
(1) in the heading of subsection (a), by striking
``Joint Technology Office on Hypersonics'' and
inserting ``Joint Hypersonics Transition Office'';
(2) in subsection (a)--
(A) in the first sentence, by striking
``joint technology office on hypersonics'' and
inserting ``Joint Hypersonics Transition Office
(in this section referred to as the
`Office')''; and
(B) in the second sentence, by striking
``office'' and inserting ``Office'';
(3) in subsection (b), by striking ``joint
technology office established under subsection (a)''
and inserting ``Office''; and
(4) by amending subsection (c) to read as follows:
``(c) Responsibilities.--In carrying out the program
required by subsection (b), the Office shall do the following:
``(1) Expedite testing, evaluation, and acquisition
of hypersonic weapon systems to meet the stated needs
of the warfighter, including flight testing, ground-
based-testing, and underwater launch testing.
``(2) Coordinate and integrate current and future
research, development, test, and evaluation programs
and system demonstration programs of the Department of
Defense on hypersonics.
``(3) Undertake appropriate actions to ensure--
``(A) close and continuous integration of
the programs on hypersonics of the military
departments and the Defense Agencies with the
programs on hypersonics across the Federal
Government and with appropriate private sector
and foreign organizations; and
``(B) that both foundational research and
developmental and operational testing resources
are adequate and well funded, and that
facilities are made available in a timely
manner to support hypersonics research,
demonstration programs, and system development.
``(4) Approve prototyping demonstration programs on
hypersonic systems to speed the maturation and
deployment of the systems to the warfighter,.
``(5) Ensure that any demonstration program on
hypersonic systems that is carried out in any year
after its approval under paragraph (3) is carried out
only if certified under subsection (e) as being
consistent with the roadmap under subsection (d).
``(6) Develop strategies and roadmaps for
hypersonic technologies to transition to operational
capabilities for the warfighter.
``(7) Coordinate with relevant stakeholders and
agencies to support United States technological
advantage in developing hypersonics.'';
(5) in subsection (d)(1), by striking ``joint
technology office established under subsection (a)''
and inserting ``Office''; and
(6) in subsection (e)--
(A) in paragraph (1), by striking ``joint
technology office established under subsection
(a)'' and inserting ``Office''; and
(B) in paragraph (2), by striking ``joint
technology office'' and inserting ``Office''.
SEC. 215. DEPARTMENT OF DEFENSE DIRECTED ENERGY WEAPON SYSTEM
PROTOTYPING AND DEMONSTRATION PROGRAM.
(a) Designation of Under Secretary of Defense for Research
and Engineering as the Official With Principal Responsibility
for Development and Demonstration of Directed Energy Weapons.--
Subsection (a)(1) of section 219 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 10
U.S.C. 2431 note) is amended by striking ``Not later'' and all
that follows through ``Department of Defense'' and inserting
``The Under Secretary of Defense for Research and Engineering
shall serve''.
(b) Prototyping and Demonstration Program.--Such section is
further amended by adding at the end the following new
subsection:
``(c) Prototyping and Demonstration Program.--
``(1) Establishment.--The Secretary of Defense,
acting through the Under Secretary, shall establish a
program on the prototyping and demonstration of
directed energy weapon systems to build and maintain
the military superiority of the United States by--
``(A) accelerating, when feasible, the
fielding of directed energy weapon prototypes
that would help counter technological
advantages of potential adversaries of the
United States; and
``(B) supporting the military departments,
the combatant commanders, and other relevant
defense agencies and entities in developing
prototypes and demonstrating operational
utility of high energy lasers and high powered
microwave weapon systems.
``(2) Guidelines.--(A) Not later than 180 days
after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2018, the Under
Secretary shall issue guidelines for the operation of
the program established under paragraph (1), including
the following:
``(i) Criteria required for an application
for funding by a military department, defense
agency or entity, or a combatant command.
``(ii) The priorities, based on validated
requirements or capability gaps, for fielding
prototype directed energy weapon system
technologies developed by research funding of
the Department or industry.
``(iii) Criteria for evaluation of an
application for funding or changes to policies
or acquisition and business practices by such a
department, agency, or command for purposes of
improving the effectiveness and efficiency of
the program.
``(B) Funding for a military department, defense
agency, or combatant command under the program
established under paragraph (1) may only be available
for advanced technology development, prototyping, and
demonstrations in which the Department of Defense
maintains management of the technical baseline and a
primary emphasis on technology transition and
evaluating military utility to enhance the likelihood
that the particular directed energy weapon system will
meet the Department end user's need.
``(3) Applications for funding.--(A) Not less
frequently than once each year, the Under Secretary
shall solicit from the heads of the military
departments, the defense agencies, and the combatant
commands applications for funding under the program
established under paragraph (1) to be used to enter
into contracts, cooperative agreements, or other
transaction agreements entered into pursuant to section
2371b of title 10, United States Code, with appropriate
entities for the prototyping or commercialization of
technologies.
``(B) Nothing in this section shall be construed to
require any official of the Department of Defense to
provide funding under the program to any congressional
earmark as defined pursuant to clause 9 of rule XXI of
the Rules of the House of Representatives or any
congressionally directed spending item as defined
pursuant to paragraph 5 of rule XLIV of the Standing
Rules of the Senate.
``(4) Funding.--(A) Except as provided in
subparagraph (B) and subject to the availability of
appropriations for such purpose, of the funds
authorized to be appropriated by the National Defense
Authorization Act for Fiscal Year 2018 or otherwise
made available for fiscal year 2018 for research,
development, test, and evaluation, defense-wide, up to
$100,000,000 may be available to the Under Secretary to
allocate to the military departments, the defense
agencies, and the combatant commands to carry out the
program established under paragraph (1).
``(B) Not more than half of the amounts made
available under subparagraph (A) may be allocated as
described in such paragraph until the Under Secretary--
``(i) develops the strategic plan required
by subsection (a)(2)(A); and
``(ii) submits such strategic plan to the
congressional defense committees.
``(5) Under secretary defined.--In this subsection,
the term `Under Secretary' means the Under Secretary of
Defense for Research and Engineering in the Under
Secretary's capacity as the official with principal
responsibility for the development and demonstration of
directed energy weapons pursuant to subsection
(a)(1).''.
SEC. 216. APPROPRIATE USE OF AUTHORITY FOR PROTOTYPE PROJECTS.
Section 2371b(d)(1)(A) of title 10, United States Code, is
amended by inserting ``or nonprofit research institution''
after ``defense contractor''.
SEC. 217. MECHANISMS FOR EXPEDITED ACCESS TO TECHNICAL TALENT AND
EXPERTISE AT ACADEMIC INSTITUTIONS TO SUPPORT
DEPARTMENT OF DEFENSE MISSIONS.
(a) Arrangements Authorized.--
(1) In general.--The Secretary of Defense and each
secretary of a military department may establish one or
more multi-institution task order contracts, consortia,
cooperative agreements, or other arrangements to
facilitate expedited access to university technical
expertise, including faculty, staff, and students, in
support of Department of Defense missions in the areas
specified in subsection (e).
(2) Use for technical analyses and engineering
support.--The Secretary may use an arrangement under
paragraph (1) to fund technical analyses and other
engineering support as required to address acquisition,
management, and operational challenges, including
support for classified programs and activities.
(b) Limitation.--An arrangement established under
subsection (a)(1) may not be used to fund research programs
that can be executed through other Department of Defense basic
research activities.
(c) Consultation With Other Department of Defense
Activities.--An arrangement established under subsection (a)(1)
shall, to the degree practicable, be made in consultation with
other Department of Defense activities, including federally
funded research and development centers (FFRDCs), university
affiliated research centers (UARCs), and Defense laboratories
and test centers, for purposes of providing technical expertise
and reducing costs and duplicative efforts.
(d) Policies and Procedures.--If the Secretary of Defense
or a secretary of a military department establishes one or more
arrangements under subsection (a)(1), the Secretary of Defense
shall establish and implement policies and procedures to
govern--
(1) selection of participants in the arrangement or
arrangements;
(2) the awarding of task orders under the
arrangement or arrangements;
(3) maximum award size for tasks under the
arrangement or arrangements;
(4) the appropriate use of competitive awards and
sole source awards under the arrangement or
arrangements; and
(5) technical areas under the arrangement or
arrangements.
(e) Mission Areas.--The areas specified in this subsection
are as follows:
(1) Cybersecurity.
(2) Air and ground vehicles.
(3) Shipbuilding.
(4) Explosives detection and defeat.
(5) Undersea warfare.
(6) Trusted electronics.
(7) Unmanned systems.
(8) Directed energy.
(9) Energy, power, and propulsion.
(10) Management science and operations research.
(11) Artificial intelligence.
(12) Data analytics.
(13) Business systems.
(14) Technology transfer and transition.
(15) Biological engineering and genetic
enhancement.
(16) High performance computing.
(17) Materials science and engineering.
(18) Quantum information sciences.
(19) Special operations activities.
(20) Modeling and simulation.
(21) Autonomous systems.
(22) Model based engineering.
(23) Such other areas as the Secretary considers
appropriate.
(f) Sunset.--No new arrangements may be entered into under
subsection (a)(1) after September 30, 2020.
(g) Arrangements Established Under Subsection (a)(1)
Defined.--In this section, the term ``arrangement established
under subsection (a)(1)'' means a multi-institution task order
contract, consortia, cooperative agreement, or other
arrangement established under subsection (a)(1).
SEC. 218. MODIFICATION OF LABORATORY QUALITY ENHANCEMENT PROGRAM.
(a) In General.--Section 211 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328) 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, to the extent practicable, consult and
coordinate with the secretaries of the military departments and
such other agencies or entities as the Under Secretary
considers relevant, on any proposed revision to regulations
under paragraph (1).
``(4) In interpreting or defining under paragraph (1), the
Under Secretary shall seek recommendations from the panel
described in subsection (b)(4).''.
(b) Technical Corrections.--(1) Subsections (a), (c)(1)(C),
and (d)(2) of such section 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. 219. REAUTHORIZATION OF DEPARTMENT OF DEFENSE ESTABLISHED PROGRAM
TO STIMULATE COMPETITIVE RESEARCH.
(a) Modification of Program Objectives.--Subsection (b) of
section 257 of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103-337; 10 U.S.C. 2358 note) is
amended--
(1) by redesignating paragraphs (1) and (2) as
paragraphs (2) and (3), respectively;
(2) by inserting before paragraph (2), as
redesignated by paragraph (1), the following new
paragraph (1):
``(1) To increase the number of university
researchers in eligible States capable of performing
science and engineering research responsive to the
needs of the Department of Defense.''; and
(3) in paragraph (2), as redesignated by paragraph
(1), by inserting ``relevant to the mission of the
Department of Defense and'' after ``that is''.
(b) Modification of Program Activities.--Subsection (c) of
such section is amended--
(1) by redesignating paragraph (3) as paragraph
(4); and
(2) by inserting after paragraph (2) the following
new paragraph (3):
``(3) To provide assistance to science and
engineering researchers at institutions of higher
education in eligible States through collaboration
between Department of Defense laboratories and such
researchers.''.
(c) Modification of Eligibility Criteria for State
Participation.--Subsection (d) of such section is amended--
(1) in paragraph (2)(B), by inserting ``in areas
relevant to the mission of the Department of Defense''
after ``programs''; and
(2) by adding at the end the following new
paragraph:
``(3) The Under Secretary shall not remove a designation of
a State under paragraph (2) because the State exceeds the
funding levels specified under subparagraph (A) of such
paragraph unless the State has exceeded such funding levels for
at least two consecutive years.''.
(d) Modification of Coordination Requirement.--Subsection
(e) of such section is amended--
(1) in paragraph (1), by striking ``shall'' each
place it appears and inserting ``may''; and
(2) in paragraph (3), by inserting ``relevant to
the mission of the Department of Defense and'' after
``Research are''.
(e) Modification of Name.--
(1) In general.--Such section is amended--
(A) in subsections (a) and (e) by striking
``Experimental'' each place it appears and
inserting ``Established''; and
(B) in the section heading, by striking
``experimental'' and inserting ``established''.
(2) Clerical amendment.--Such Act is amended, in
the table of contents in section 2(b), by striking the
item relating to section 257 and inserting the
following new item:
``Sec. 257. Defense established program to stimulate competitive
research.''.
(3) Conforming amendment.--Section 307 of the 1997
Emergency Supplemental Appropriations Act for Recovery
from Natural Disasters, and for Overseas Peacekeeping
Efforts, Including Those in Bosnia (Public Law 105-18)
is amended by striking ``Experimental'' and inserting
``Established''.
SEC. 220. CODIFICATION AND ENHANCEMENT OF AUTHORITIES TO PROVIDE FUNDS
FOR DEFENSE LABORATORIES FOR RESEARCH AND
DEVELOPMENT OF TECHNOLOGIES FOR MILITARY MISSIONS.
(a) In General.--Chapter 139 of title 10, United States
Code, is amended by inserting after section 2362 the following
new section:
``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 repair or minor military
construction of the laboratory infrastructure and
equipment, in accordance with subsection (b).
``(2) The mechanisms established under paragraph (1) shall
provide that funding shall be used under paragraph (1) at the
discretion of the director of a defense laboratory in
consultation with the science and technology executive of the
military department concerned.
``(3) The science and technology executive of a military
department may develop policies and guidance to leverage
funding and promote cross-laboratory collaboration, including
with laboratories of other military departments.
``(4) After consultation with the science and technology
executive of the military department concerned, the director of
a defense laboratory may charge customer activities a fixed
percentage fee, in addition to normal costs of performance, in
order to obtain funds to carry out activities authorized by
this subsection. The fixed fee may not exceed four percent of
costs.
``(b) Availability of Funds for Infrastructure Projects.--
Funds shall be available in accordance with subsection
(a)(1)(D) only if--
``(1) the Secretary notifies the congressional
defense committees of the total cost of the project
before the date on which the Secretary uses the
mechanism under such subsection for such project; and
``(2) the Secretary ensures that the project
complies with the applicable cost limitations in--
``(A) section 2805(d) of this title, with
respect to revitalization and recapitalization
projects; and
``(B) section 2811 of this title, with
respect to repair projects.
``(c) Annual Report on Use of Authority.--(1) Not later
than March 1 of each year until March 1, 2025, the Secretary of
Defense shall submit to the congressional defense committees a
report on the use of the authority under subsection (a) during
the preceding year.
``(2) Each report under paragraph (1) shall include, with
respect to the year covered by the report, the following:
``(A) A description of the mechanisms used to
provide funding under subsection (a)(1).
``(B) A statement of the amount of funding made
available to each defense laboratory for research
described under such subsection.
``(C) A description of the investments made by each
defense laboratory using funds under such subsection.
``(D) A description and assessment of any
improvements in the performance of the defense
laboratories as a result of investments under such
subsection.
``(E) A description and assessment of the
contributions to the development of needed military
capabilities provided by research using funds under
such subsection.
``(F) A description of any modification to the
mechanisms under subsection (a) that would improve the
efficiency of the authority under such subsection to
support military missions.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 139 of such title is amended by inserting
after the item relating to section 2362 the following new item:
``2363. Mechanisms to provide funds for defense laboratories for
research and development of technologies for military
missions.''.
(c) Conforming Amendments.--(1) Section 219 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009
(Public Law 110-417; 10 U.S.C. 2358 note), is hereby repealed.
(2) Section 2805(d)(1)(B) of title 10, United States Code,
is amended by striking ``under section 219(a) of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009
(Public Law 110-417; 10 U.S.C. 2358 note)'' and inserting
``section 2363(a) of this title''.
SEC. 221. EXPANSION OF DEFINITION OF COMPETITIVE PROCEDURES TO INCLUDE
COMPETITIVE SELECTION FOR AWARD OF SCIENCE AND
TECHNOLOGY PROPOSALS.
Section 2302(2)(B) of title 10, United States Code, is
amended by striking ``basic research'' and inserting ``science
and technology''.
SEC. 222. INCLUSION OF MODELING AND SIMULATION IN TEST AND EVALUATION
ACTIVITIES FOR PURPOSES OF PLANNING AND BUDGET
CERTIFICATION.
Section 196 of title 10, United States Code, is amended--
(1) in subsection (d)(1), in the first sentence, by
inserting ``, including modeling and simulation
capabilities'' after ``and resources''; and
(2) in subsection (e)(1), by inserting ``,
including modeling and simulation activities,'' after
``evaluation activities''.
SEC. 223. LIMITATION ON AVAILABILITY OF FUNDS FOR F-35 JOINT STRIKE
FIGHTER FOLLOW-ON MODERNIZATION.
(a) In General.--Not more than 25 percent of the funds
authorized to be appropriated by this Act or otherwise made
available for fiscal year 2018 or any other fiscal year for the
Department of Defense may be obligated for F-35 Joint Strike
Fighter Follow-On Modernization until the Secretary of Defense
provides the final report required under section 224(b) of the
National Defense Authorization Act for Fiscal Year 2017 (Public
Law 114-328).
(b) Dual Capable Aircraft.--Neither the limitation in
subsection (a) nor the limitation in section 224(a) of the
National Defense Authorization Act for Fiscal Year 2017 shall
be construed to limit or otherwise restrict any funding that is
required to develop, certify, or deliver F-35A dual capable
aircraft.
SEC. 224. IMPROVEMENT OF UPDATE PROCESS FOR POPULATING MISSION DATA
FILES USED IN ADVANCED COMBAT AIRCRAFT.
(a) Improvements To Update Process.--
(1) In general.--The Secretary of Defense shall
take such actions as may be necessary to improve the
process used to update the mission data files used in
advanced combat aircraft of the United States so that
such updates can occur more quickly.
(2) Requirements.--In improving the process under
paragraph (1), the Secretary shall ensure the
following:
(A) That under such process, updates to the
mission data files are developed, operationally
tested, and loaded onto systems of advanced
combat aircraft while in theaters of operation
in a time-sensitive manner to allow for the
distinguishing of threats, including
distinguishing friends from foes, loading and
delivery of weapon suites, and coordination
with allied and coalition armed forces.
(B) When updates are made to the mission
data files, all areas of responsibility (AoRs)
are included.
(C) The process includes best practices
relating to such mission data files that have
been identified by industry and allies of the
United States.
(D) The process improves the exchange of
information between weapons systems of the
United States and weapon systems of allies and
partners of the United States, with respect to
such mission data files.
(b) Consultation and Pilot Programs.--In carrying out
subsection (a), the Secretary shall consult the innovation
organizations resident in the Department of Defense and may
consider carrying out a pilot program under another provision
of this Act.
(c) Report.--Not later than March 31, 2018, the Secretary
shall submit to the congressional defense committees a report
on the actions taken by the Secretary under subsection (a)(1)
and how the process described in such subsection has been
improved.
SEC. 225. SUPPORT FOR NATIONAL SECURITY INNOVATION AND ENTREPRENEURIAL
EDUCATION.
(a) Support Authorized.--
(1) In general.--The Secretary of Defense may,
acting through the Under Secretary of Defense for
Research and Engineering, support national security
innovation and entrepreneurial education programs.
(2) Elements.--Support under paragraph (1) may
include the following:
(A) Materials to recruit participants,
including veterans, for programs described in
paragraph (1).
(B) Model curriculum for such programs.
(C) Training materials for such programs.
(D) Best practices for the conduct of such
programs.
(E) Experimental learning opportunities for
program participants to interact with
operational forces and better understand
national security challenges.
(F) Exchanges and partnerships with
Department of Defense science and technology
activities.
(G) Activities consistent with the Proof of
Concept Commercialization Pilot Program
established under section 1603 of the National
Defense Authorization Act for Fiscal Year 2014
(Public Law 113-66; 10 U.S.C. 2359 note).
(b) Consultation.--In carrying out subsection (a), the
Secretary may consult with the heads of such Federal agencies,
universities, and public and private entities engaged in the
development of advanced technologies as the Secretary
determines to be appropriate.
(c) Authorities.--The Secretary may--
(1) develop and maintain metrics to assess national
security innovation and entrepreneurial education
activities to ensure standards for programs supported
under subsection (b) are consistent and being met; and
(2) ensure that any recipient of an award under the
Small Business Technology Transfer program, the Small
Business Innovation Research program, and science and
technology programs of the Department of Defense has
the option to participate in training under a national
security innovation and entrepreneurial education
program supported under subsection (b).
(d) Participation by Federal Employees and Members of the
Armed Forces.--The Secretary may encourage Federal employees
and members of the Armed Forces to participate in a national
security innovation and entrepreneurial education program
supported under subsection (a) in order to gain exposure to
modern innovation and entrepreneurial methodologies.
(e) Coordination.--In carrying out this section, the
Secretary shall consider coordinating and partnering with
activities and organizations involved in the following:
(1) Hack the Army.
(2) Hack the Air Force.
(3) Hack the Pentagon.
(4) The Army Digital Service.
(5) The Defense Digital Service.
(6) The Air Force Digital Service.
(7) Challenge and prize competitions of the Defense
Advanced Research Projects Agency (DARPA).
(8) The Defense Science Study Group.
(9) The Small Business Innovation Research Program
(SBIR).
(10) The Small Business Technology Transfer Program
(STTR).
(11) War colleges of the military departments.
(12) Hacking for Defense.
(13) The National Security Science and Engineering
Faculty Fellowship (NSSEFF) program.
(14) The Science, Mathematics and Research for
Transformation (SMART) scholarship program.
(15) The young faculty award program of the Defense
Advanced Research Projects Agency.
SEC. 226. LIMITATION ON CANCELLATION OF DESIGNATION EXECUTIVE AGENT FOR
A CERTAIN DEFENSE PRODUCTION ACT PROGRAM.
(a) Limitation on Cancellation of Designation.--The
Secretary of Defense may not implement the decision, issued on
July 1, 2017, to cancel the designation, under Department of
Defense Directive 4400.1E, entitled ``Defense Production Act
Programs'' and dated October 12, 2001, of the currently
assigned Department of Defense Executive Agent for the program
carried out under title III of the Defense Production Act of
1950 (50 U.S.C. 4531 et seq.) until the Secretary has--
(1) completed the review and assessment required by
subsection (b)(1); and
(2) carried out the briefing required by subsection
(c).
(b) Review and Assessment Required.--
(1) In general.--The Secretary of Defense, in
consultation with the Secretary of the Air Force, shall
conduct a review and assessment of the program
described in subsection (a).
(2) Elements.--The review and assessment required
by paragraph (1) shall include the following:
(A) Assessment of the current management
structure for the program, including analysis
of the mechanisms for accountability, as well
as cost and management controls currently in
place.
(B) Analysis of alternatives for proposals
to modify that management structure to increase
accountability, cost and management controls.
Such analysis of alternatives should consider
the relative merits of centralization and
decentralization, roles of other military
departments in program management and
contracting, as well as the different roles the
Office of the Secretary of Defense might play
in management, oversight and execution.
(C) Recommendations for improving the
assessment and selection of projects in order
to--
(i) ensure that projects selected
are appropriate for use of funds
appropriated to carry out title III of
the Defense Production Act of 1950;
(ii) ensure that sufficient vetting
and management controls are in place to
ensure a reasonable degree of
confidence that project ideas or the
companies being supported will be
viable; and
(iii) increase overall successful
execution for selected projects.
(D) Such other matters as the Secretary
considers appropriate.
(c) Briefing Required.--The Secretary shall brief the
appropriate Committees of Congress on the findings of the
Secretary with respect to the review and assessment conducted
under subsection (b).
(d) Notification Required.--In the event the Secretary of
Defense decides to cancel the designation, under Department of
Defense Directive 4400.1E, entitled ``Defense Production Act
Programs'' and dated October 12, 2001, of the currently
assigned Department of Defense Executive Agent for the program
described in subsection (a), the Secretary shall submit to the
appropriate committees of Congress a written notification of
such decision at least 60 days before the decision goes into
effect.
(e) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress'' means
the--
(1) the Committee on Armed Services and the
Committee on Banking, Housing, and Urban Affairs of the
Senate; and
(2) the Committee on Armed Services and the
Committee on Financial Services of the House of
Representatives.
Subtitle C--Reports and Other Matters
SEC. 231. COLUMBIA-CLASS PROGRAM ACCOUNTABILITY MATRICES.
(a) Submittal of Matrices.--Concurrent with the President's
annual budget request submitted to Congress under section 1105
of title 31, United States Code, for fiscal year 2019, the
Secretary of the Navy shall submit to the congressional defense
committees and the Comptroller General of the United States the
matrices described in subsection (b) relating to the Columbia-
class program.
(b) Matrices Described.--The matrices described in this
subsection are the following:
(1) Design and construction goals.--A matrix that
identifies, in six-month increments, key milestones,
development events, and specific performance goals for
the design and construction of the Columbia-class
program, which shall be subdivided, at a minimum,
according to the following:
(A) Technology-readiness levels of major
components and key demonstration events.
(B) Design maturity.
(C) Manufacturing-readiness levels for
critical manufacturing operations and key
demonstration events.
(D) Manufacturing operations.
(E) Reliability.
(2) Cost.--A matrix expressing, in annual
increments, the total cost phased over the entire
Columbia-class design and construction period of--
(A) the Navy service cost position for the
prime contractor's portion of Columbia-class
design and construction activities, including
the estimated price at completion for each
submarine and confidence level of this
estimate;
(B) the program manager's estimate for the
prime contractor's portion of Columbia-class
design and construction activities, including
the estimated price and variance at completion
for each submarine; and
(C) the prime contractor's estimate for the
prime contractor's portion of Columbia-class
design and construction activities, including
the estimated price and variance at completion
for each submarine.
(c) Update of Matrices.--
(1) In general.--Not later than 180 days after the
date on which the Secretary of the Navy submits the
matrices required by subsection (a), and concurrent
with the submittal of each annual budget request to
Congress under section 1105 of title 31, United States
Code, beginning with the fiscal year 2020 request, the
Secretary of the Navy shall submit to the congressional
defense committees and the Comptroller General of the
United States updates to the matrices described in
subsection (b).
(2) Elements.--Each update submitted under
paragraph (1) shall detail progress made toward the
goals identified in the matrix described in subsection
(b)(1) and provide updated cost data as prescribed in
subsection (b)(2).
(3) Treatment of initial matrices as baseline.--The
matrices submitted pursuant to subsection (a) shall be
treated as the baseline for the full Columbia-class
design and construction period for purposes of the
updates submitted pursuant to paragraph (1) of this
subsection.
(4) Report termination.--The report required under
paragraph (1) shall terminate upon delivery of the
first Columbia-class submarine.
(d) Assessment by Comptroller General of the United
States.--Not later than 90 days after the date on which the
Comptroller General of the United States receives an update to
a matrix under subsection (c)(1), the Comptroller General shall
review such matrix and provide to the congressional defense
committees an assessment of such matrix in whatever form that
the Comptroller General deems appropriate.
(e) Repeal of Report Requirement.--Section 131 of the
National Defense Authorization Act for Fiscal Year 2016 (129
Stat. 754; Public Law 114-92) is hereby repealed.
(f) Major Component Defined.--In this section, the term
``major component'' includes, at a minimum, the integrated
power system, nuclear reactor, propulsor and related
coordinated stern features, stern area system, and common
missile compartment.
SEC. 232. REVIEW OF BARRIERS TO INNOVATION IN RESEARCH AND ENGINEERING
ACTIVITIES OF THE DEPARTMENT OF DEFENSE.
(a) Review.--The Secretary of Defense, acting through the
Under Secretary of Defense for Research and Engineering, shall
review directives, rules, regulations, and other policies that
adversely affect the ability of the innovation, research, and
engineering enterprise of the Department of Defense to
effectively and efficiently execute its missions, including
policies and practices concerning the following:
(1) Personnel and talent management.
(2) Financial management and budgeting.
(3) Infrastructure, installations, and military
construction.
(4) Acquisition.
(5) Management.
(6) Such other areas as the Secretary may
designate.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the
congressional defense committees a report on--
(1) the findings of the Secretary with respect to
the review conducted under subsection (a);
(2) proposed changes in directives, rules,
regulations, and other policies that will enhance the
ability of the innovation, research, and engineering
enterprise of the Department to executive its
designated missions, including a description of how
proposed changes have been coordinated with other
appropriate Secretaries of the military departments and
the appropriate heads of the defense agencies; and
(3) processes by which new directives, rules,
regulations, and other policies will be reviewed for
their potential to adversely affect the ability of the
innovation, research, and engineering enterprise of the
Department and the lead official designated to execute
such review in consultation with other relevant and
appropriate Secretaries of the military departments and
heads of defense agencies.
SEC. 233. PILOT PROGRAM TO IMPROVE INCENTIVES FOR TECHNOLOGY TRANSFER
FROM DEPARTMENT OF DEFENSE LABORATORIES.
(a) In General.--The Secretary of Defense shall establish a
pilot program to assess the feasibility and advisability of
distributing royalties and other payments as described in this
section. Under the pilot program, except as provided in
subsections (b) and (d), any royalties or other payments
received by a Federal agency from the licensing and assignment
of inventions under agreements entered into by Department of
Defense laboratories, and from the licensing of inventions of
Department of Defense laboratories, shall be retained by the
laboratory which produced the invention and shall be disposed
of as follows:
(1)(A) The laboratory director shall pay each year
the first $2,000, and thereafter at least 20 percent,
of the royalties or other payments, other than payments
of patent costs as delineated by a license or
assignment agreement, to the inventor or coinventors,
if the inventor's or coinventor's rights are directly
assigned to the United States.
(B) A laboratory director may provide appropriate
incentives, from royalties or other payments, to
laboratory employees who are not an inventor of such
inventions but who substantially increased the
technical value of the inventions.
(C) The laboratory shall retain the royalties and
other payments received from an invention until the
laboratory makes payments to employees of a laboratory
under subparagraph (A) or (B).
(2) The balance of the royalties or other payments
shall be transferred by the agency to its laboratories,
with the majority share of the royalties or other
payments from any invention going to the laboratory
where the invention occurred. The royalties or other
payments so transferred to any laboratory may be used
or obligated by that laboratory during the fiscal year
in which they are received or during the 2 succeeding
fiscal years--
(A) to reward scientific, engineering, and
technical employees of the laboratory,
including developers of sensitive or classified
technology, regardless of whether the
technology has commercial applications;
(B) to further scientific exchange among
the laboratories of the agency;
(C) for education and training of employees
consistent with the research and development
missions and objectives of the agency or
laboratory, and for other activities that
increase the potential for transfer of the
technology of the laboratories of the agency;
(D) for payment of expenses incidental to
the administration and licensing of
intellectual property by the agency or
laboratory with respect to inventions made at
that laboratory, including the fees or other
costs for the services of other agencies,
persons, or organizations for intellectual
property management and licensing services; or
(E) for scientific research and development
consistent with the research and development
missions and objectives of the laboratory.
(3) All royalties or other payments retained by the
laboratory after payments have been made pursuant to
paragraphs (1) and (2) that are unobligated and
unexpended at the end of the second fiscal year
succeeding the fiscal year in which the royalties and
other payments were received shall be paid into the
Treasury of the United States.
(b) Treatment of Payments to Employees.--
(1) In general.--Any payment made to an employee
under the pilot program shall be in addition to the
regular pay of the employee and to any other awards
made to the employee, and shall not affect the
entitlement of the employee to any regular pay,
annuity, or award to which the employee is otherwise
entitled or for which the employee is otherwise
eligible or limit the amount thereof. Any payment made
to an inventor as such shall continue after the
inventor leaves the laboratory.
(2) Cumulative payments.--(A) Cumulative payments
made under the pilot program while the inventor is
still employed at the laboratory shall not exceed
$500,000 per year to any one person, unless the
Secretary concerned (as defined in section 101(a) of
title 10, United States Code) approves a larger award.
(B) Cumulative payments made under the pilot
program after the inventor leaves the laboratory shall
not exceed $150,000 per year to any one person, unless
the head of the agency approves a larger award (with
the excess over $150,000 being treated as an agency
award to a former employee under section 4505 of title
5, United States Code).
(c) Invention Management Services.--Under the pilot
program, a laboratory receiving royalties or other payments as
a result of invention management services performed for another
Federal agency or laboratory under section 207 of title 35,
United States Code, may retain such royalties or payments to
the extent required to offset payments to inventors under
subparagraph (A) of subsection (a)(1), costs and expenses
incurred under subparagraph (D) of subsection (a)(2), and the
cost of foreign patenting and maintenance for any invention of
the other agency. All royalties and other payments remaining
after offsetting the payments to inventors, costs, and expenses
described in the preceding sentence shall be transferred to the
agency for which the services were performed, for distribution
in accordance with subsection (a)(2).
(d) Certain Assignments.--Under the pilot program, if the
invention involved was one assigned to the laboratory--
(1) by a contractor, grantee, or participant, or an
employee of a contractor, grantee, or participant, in
an agreement or other arrangement with the agency; or
(2) by an employee of the agency who was not
working in the laboratory at the time the invention was
made,
the agency unit that was involved in such assignment shall be
considered to be a laboratory for purposes of this section.
(e) Sunset.--The pilot program under this section shall
terminate 5 years after the date of the enactment of this Act.
SEC. 234. COMPETITIVE ACQUISITION PLAN FOR LOW PROBABILITY OF DETECTION
DATA LINK NETWORKS.
(a) Plan Required.--The Under Secretary of Defense for
Acquisition, Technology, and Logistics and the Vice Chairman of
the Joint Chiefs of Staff shall jointly, in consultation with
the Secretary of the Navy and the Secretary of the Air Force,
develop a plan to procure a secure, low probability of
detection data link network capability with the ability to
effectively operate in hostile jamming environments while
preserving the low observable characteristics of the relevant
platforms, between existing and planned--
(1) fifth-generation combat aircraft;
(2) fifth-generation and fourth-generation combat
aircraft;
(3) fifth-generation and fourth-generation combat
aircraft and appropriate support aircraft and other
network nodes for command, control, communications,
intelligence, surveillance, and reconnaissance
purposes; and
(4) fifth-generation and fourth-generation combat
aircraft and their associated network-enabled precision
weapons.
(b) Additional Plan Requirements.--The plan required by
subsection (a) shall include--
(1) nonproprietary and open systems approaches
compatible with the Rapid Capabilities Office Open
Mission Systems initiative of the Air Force and the
Future Airborne Capability Environment initiative of
the Navy;
(2) a competitive acquisition process, to include
comparative flight demonstrations in realistic airborne
environments; and
(3) low risk and affordable solutions with minimal
impact or changes to existing host platforms, and
minimal overall integration costs.
(c) Briefing.--Not later than February 15, 2018, the Under
Secretary and the Vice Chairman shall provide to the
congressional defense committees a potential acquisition
strategy and briefing on the plan developed under subsection
(a).
(d) Limitation.--Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2018
for operations and maintenance for the Office of the Secretary
of the Air Force and the Office of the Secretary of the Navy,
not more than 85 percent may be obligated or expended until a
period of 15 days has elapsed following the date on which the
Under Secretary and Vice Chairman submits to the congressional
defense committees the plan required by subsection (a).
SEC. 235. CLARIFICATION OF SELECTION DATES FOR PILOT PROGRAM FOR THE
ENHANCEMENT OF THE RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION CENTERS OF THE DEPARTMENT OF DEFENSE.
Section 233 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328) is amended--
(1) in subsection (b)(2), by striking ``the
enactment of this Act'' both places it appears and
inserting ``such submittal''; and
(2) in subsection (c)(1), by striking ``propose and
implement'' and inserting ``submit to the Assistant
Secretary concerned a proposal on, and implement,''.
SEC. 236. REQUIREMENT FOR A PLAN TO BUILD A PROTOTYPE FOR A NEW GROUND
COMBAT VEHICLE FOR THE ARMY.
(a) In General.--Not later than February 1, 2018, the
Secretary of the Army shall submit to the congressional defense
committees a plan to build a prototype for a new ground combat
vehicle for the Army.
(b) Contents.--The plan required by subsection (a) shall
include the following:
(1) A description of how the Secretary intends to
exploit the latest enabling component technologies that
have the potential to dramatically change basic combat
vehicle design and improve lethality, protection,
mobility, range, and sustainment, including an analysis
of capabilities of the most advanced foreign ground
combat vehicles and whether any have characteristics
that should inform the development of the Army's
prototype vehicle, including whether any United States
allies or partners have advanced capabilities that
could be directly incorporated in the prototype.
(2) The schedule, cost, key milestones, and
leadership plan to rapidly design and build the
prototype ground combat vehicle.
SEC. 237. PLAN FOR SUCCESSFULLY FIELDING THE INTEGRATED AIR AND MISSILE
DEFENSE BATTLE COMMAND SYSTEM.
(a) Plan Required.--Not later than February 1, 2018, the
Secretary of the Army shall submit to the congressional defense
committees a plan to successfully field a suitable, survivable,
and effective Integrated Air and Missile Defense Battle Command
System program.
(b) Limitation.--Not more than 50 percent of the funds
authorized to be appropriated by this Act for research,
development, test, and evaluation may be obligated by the
Secretary of the Army for the Army Integrated Air and Missile
Defense and the Integrated Air and Missile Defense Battle
Command System until the date on which the plan is submitted
under subsection (a).
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B--Energy and Environment
Sec. 311. Military Aviation and Installation Assurance Siting
Clearinghouse.
Sec. 312. Energy performance goals and master plan.
Sec. 313. Payment to Environmental Protection Agency of stipulated
penalty in connection with Umatilla Chemical Depot, Oregon.
Sec. 314. Payment to Environmental Protection Agency of stipulated
penalty in connection with Longhorn Army Ammunition Plant,
Texas.
Sec. 315. Department of the Army cleanup and removal of petroleum, oil,
and lubricant associated with the Prinz Eugen.
Sec. 316. Centers for Disease Control study on health implications of
per- and polyfluoroalkyl substances contamination in drinking
water.
Sec. 317. Sentinel Landscapes Partnership.
Sec. 318. Report on release of radium or radioactive material into the
groundwater near the industrial reserve plant in Bethpage, New
York.
Subtitle C--Logistics and Sustainment
Sec. 321. Reauthorization of multi-trades demonstration project.
Sec. 322. Increased percentage of sustainment funds authorized for
realignment to restoration and modernization at each
installation.
Sec. 323. Guidance regarding use of organic industrial base.
Subtitle D--Reports
Sec. 331. Quarterly reports on personnel and unit readiness.
Sec. 332. Biennial report on core depot-level maintenance and repair
capability.
Sec. 333. Annual report on personnel, training, and equipment needs of
non-federalized National Guard.
Sec. 334. Annual report on military working dogs used by the Department
of Defense.
Sec. 335. Report on effects of climate change on Department of Defense.
Sec. 336. Report on optimization of training in and management of
special use airspace.
Sec. 337. Plan for modernized, dedicated Department of the Navy
adversary air training enterprise.
Sec. 338. Updated guidance regarding biennial core report.
Subtitle E--Other Matters
Sec. 341. Explosive safety board.
Sec. 342. Servicewomen's commemorative partnerships.
Sec. 343. Limitation on availability of funds for advanced skills
management software system of the Navy.
Sec. 344. Cost-benefit analysis of uniform specifications for Afghan
military or security forces.
Sec. 345. Temporary installation reutilization authority for arsenals,
depots, and plants.
Sec. 346. Comprehensive plan for sharing depot-level maintenance best
practices.
Sec. 347. Pilot program for operation and maintenance budget
presentation.
Sec. 348. Repurposing and reuse of surplus Army firearms.
Sec. 349. Department of the Navy marksmanship awards.
Sec. 350. Civilian training for National Guard pilots and sensor
operator aircrews of MQ-9 unmanned aerial vehicles.
Sec. 351. Training for National Guard personnel on wildfire response.
Sec. 352. Modification of the Second Division Memorial.
Subtitle A--Authorization of Appropriations
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2018 for the use of the Armed Forces and other activities
and agencies of the Department of Defense for expenses, not
otherwise provided for, for operation and maintenance, as
specified in the funding table in section 4301.
Subtitle B--Energy and Environment
SEC. 311. MILITARY AVIATION AND INSTALLATION ASSURANCE SITING
CLEARINGHOUSE.
(a) Codification.--Chapter 7 of title 10, United States
Code, is amended by inserting after section 183 the following
new section:
``Sec. 183a. Military Aviation and Installation Assurance Clearinghouse
for review of mission obstructions
``(a) Establishment.--(1) The Secretary of Defense shall
establish a Military Aviation and Installation Assurance Siting
Clearinghouse (in this section referred to as the
`Clearinghouse').
``(2) The Clearinghouse shall be--
``(A) organized under the authority, direction, and
control of an Assistant Secretary of Defense designated
by the Secretary; and
``(B) assigned such personnel and resources as the
Secretary considers appropriate to carry out this
section.
``(b) Functions.--(1) The Clearinghouse shall coordinate
Department of Defense review of applications for energy
projects filed with the Secretary of Transportation pursuant to
section 44718 of title 49 and received by the Department of
Defense from the Secretary of Transportation. In performing
such coordination, the Clearinghouse shall provide procedures
to ensure affected local military installations are consulted.
``(2) The Clearinghouse shall accelerate the development of
planning tools necessary to determine the acceptability to the
Department of Defense of proposals included in an application
for an energy project submitted pursuant to such section.
``(3) The Clearinghouse shall perform such other functions
as the Secretary of Defense assigns.
``(c) Review of Proposed Actions.--(1) Not later than 60
days after receiving from the Secretary of Transportation a
proper application for an energy project under section 44718 of
title 49 that may have an adverse impact on military operations
and readiness, the Clearinghouse shall conduct a preliminary
review of such application. The review shall--
``(A) assess the likely scope, duration, and level
of risk of any adverse impact of such energy project on
military operations and readiness; and
``(B) identify any feasible and affordable actions
that could be taken by the Department, the developer of
such energy project, or others to mitigate the adverse
impact and to minimize risks to national security while
allowing the energy project to proceed with
development.
``(2) If the Clearinghouse finds under paragraph (1) that
an energy project will have an adverse impact on military
operations and readiness, the Clearinghouse shall issue to the
applicant a notice of presumed risk that describes the concerns
identified by the Department in the preliminary review and
requests a discussion of possible mitigation actions.
``(3) At the same time that the Clearinghouse issues to the
applicant a notice of presumed risk under paragraph (2), the
Clearinghouse shall provide the same notice to the governor of
the State in which the project is located and request that the
governor provide the Clearinghouse any comments the governor
believes of relevance to the application. The Secretary of
Defense shall consider the comments of the governor in the
Secretary's evaluation of whether the project presents an
unacceptable risk to the national security of the United States
and shall include the comments with the finding provided to the
Secretary of Transportation pursuant to section 44718(f) of
title 49.
``(4) The Clearinghouse shall develop, in coordination with
other departments and agencies of the Federal Government, an
integrated review process to ensure timely notification and
consideration of energy projects filed with the Secretary of
Transportation pursuant to section 44718 of title 49 that may
have an adverse impact on military operations and readiness.
``(5) The Clearinghouse shall establish procedures for the
Department of Defense for the coordinated consideration of and
response to a request for a review received from another
Federal agency, a State government, an Indian tribal
government, a local government, a landowner, or the developer
of an energy project, including guidance to personnel at each
military installation in the United States on how to initiate
such procedures and ensure a coordinated Department response.
``(6) The Clearinghouse shall develop procedures for
conducting early outreach to parties carrying out energy
projects that could have an adverse impact on military
operations and readiness and to clearly communicate to such
parties actions being taken by the Department of Defense under
this section. The procedures shall provide for filing by such
parties of a project area and preliminary project layout at
least one year before expected construction of any project
proposed within a military training route or within line-of-
sight of any air route surveillance radar or airport
surveillance radar operated or used by the Department of
Defense in order to provide adequate time for analysis and
negotiation of mitigation options. Material marked as
proprietary or competition sensitive by a party filing for this
preliminary review shall be protected from public release by
the Department of Defense.
``(d) Comprehensive Review.--(1) The Secretary of Defense
shall develop a comprehensive strategy for addressing the
impacts upon the military of projects filed with the Secretary
of Transportation pursuant to section 44718 of title 49.
``(2) In developing the strategy required by paragraph (1),
the Secretary shall--
``(A) assess the magnitude of interference posed by
projects filed with the Secretary of Transportation
pursuant to section 44718 of title 49;
``(B) solely for the purpose of informing
preliminary reviews under subsection (c)(1) and early
outreach efforts under subsection (c)(5), identify
distinct geographic areas selected as proposed
locations for projects filed, or for projects that are
reasonably expected to be filed in the near future,
with the Secretary of Transportation pursuant to
section 44718 of title 49 where the Secretary of
Defense can demonstrate such projects could have an
adverse impact on military operations and readiness,
including military training routes, and categorize the
risk of adverse impact in such areas;
``(C) develop procedures for the initial
identification of such geographic areas identified
under subparagraph (B), to include a process to provide
notice and seek public comment prior to making a final
designation of the geographic areas, including maps of
the area and the basis for identification;
``(D) develop procedures to periodically review and
modify, consistent with the notice and public comment
process under subparagraph (C), geographic areas
identified under subparagraph (B) and to solicit and
identify additional geographic areas as appropriate;
``(E) at the conclusion of the notice and public
comment period conducted under subparagraph (C), make a
final finding on the designation of a geographic area
of concern or delegate the authority to make such
finding to a Deputy Secretary of Defense, an Under
Secretary of Defense, or a Principal Deputy Under
Secretary of Defense; and
``(F) specifically identify feasible and affordable
long-term actions that may be taken to mitigate adverse
impacts of projects filed, or which may be filed in the
future, with the Secretary of Transportation pursuant
to section 44718 of title 49, on military operations
and readiness, including--
``(i) investment priorities of the
Department of Defense with respect to research
and development;
``(ii) modifications to military operations
to accommodate applications for such projects;
``(iii) recommended upgrades or
modifications to existing systems or procedures
by the Department of Defense;
``(iv) acquisition of new systems by the
Department and other departments and agencies
of the Federal Government and timelines for
fielding such new systems; and
``(v) modifications to the projects for
which such applications are filed with the
Secretary of Transportation pursuant to section
44718 of title 49, including changes in size,
location, or technology.
``(3) The Clearinghouse shall make access to data
reflecting geographic areas identified under subparagraph (B)
of paragraph (2) and reviewed and modified under subparagraph
(C) of such paragraph available online.
``(e) Department of Defense Finding of Unacceptable Risk.--
(1) The Secretary of Defense may not object to an energy
project filed with the Secretary of Transportation pursuant to
section 44718 of title 49, except in a case in which the
Secretary of Defense determines, after giving full
consideration to mitigation actions identified pursuant to this
section, that such project, in isolation or cumulatively with
other projects, would result in an unacceptable risk to the
national security of the United States. The Secretary of
Defense's finding of unacceptable risk to national security
shall be transmitted to the Secretary of Transportation for
inclusion in the report required under section 44718(b)(2) of
title 49.
``(2)(A) Not later than 30 days after making a finding of
unacceptable risk under paragraph (1), the Secretary of Defense
shall submit to the congressional defense committees, the
Committee on Commerce, Science, and Transportation of the
Senate, and the Committee on Transportation and Infrastructure
of the House of Representatives a report on such finding and
the basis for such finding. Such report shall include an
explanation of the operational impact that led to the finding,
a discussion of the mitigation options considered, and an
explanation of why the mitigation options were not feasible or
did not resolve the conflict. The report may include a
classified annex. Unclassified reports shall also be provided
to the project proponent. The Secretary of Defense may provide
public notice through the Federal Register of the finding.
``(B) The Secretary of Defense shall notify the appropriate
State agency of a finding made under paragraph (1).
``(3) The Secretary of Defense may only delegate the
responsibility for making a finding of unacceptable risk under
paragraph (1) to the Deputy Secretary of Defense, an under
secretary of defense, or a deputy under secretary of defense.
``(4) The Clearinghouse shall develop procedures for making
a finding of unacceptable risk, including with respect to how
to implement cumulative effects analysis. Such procedures shall
be subject to public comment prior to finalization.
``(f) Authority to Accept Contributions of Funds.--The
Secretary of Defense is authorized to request and accept a
voluntary contribution of funds from an applicant for a project
filed with the Secretary of Transportation pursuant to section
44718 of title 49. Amounts so accepted shall remain available
until expended for the purpose of offsetting the cost of
measures undertaken by the Secretary of Defense to mitigate
adverse impacts of such a project on military operations and
readiness or to conduct studies of potential measures to
mitigate such impacts.
``(g) Effect of Department of Defense Hazard Assessment.--
An action taken pursuant to this section shall not be
considered to be a substitute for any assessment or
determination required of the Secretary of Transportation under
section 44718 of title 49.
``(h) Definitions.--In this section:
``(1) The term `adverse impact on military
operations and readiness' means any adverse impact upon
military operations and readiness, including flight
operations, research, development, testing, and
evaluation, and training, that is demonstrable and is
likely to impair or degrade the ability of the armed
forces to perform their warfighting missions.
``(2) The term `energy project' means a project
that provides for the generation or transmission of
electrical energy.
``(3) The term `landowner' means a person that owns
a fee interest in real property on which a proposed
energy project is planned to be located.
``(4) The term `military installation' has the
meaning given that term in section 2801(c)(4) of this
title.
``(5) The term `military readiness' includes any
training or operation that could be related to combat
readiness, including testing and evaluation activities.
``(6) The term `military training route' means a
training route developed as part of the Military
Training Route Program, carried out jointly by the
Federal Aviation Administration and the Secretary of
Defense, for use by the armed forces for the purpose of
conducting low-altitude, high-speed military training.
``(7) The term `unacceptable risk to the national
security of the United States' means the construction,
alteration, establishment, or expansion, or the
proposed construction, alteration, establishment, or
expansion, of a structure or sanitary landfill, that
the Secretary of Defense can demonstrate would--
``(A) endanger safety in air commerce
directly related to the activities of the
Department of Defense;
``(B) interfere with the efficient use of
the navigable airspace directly related to the
activities of the Department of Defense; or
``(C) significantly impair or degrade the
capability of the Department of Defense to
conduct training, research, development,
testing, and evaluation, and operations or to
maintain military readiness.''.
(b) Conforming and Clerical Amendments.--
(1) Repeal of existing provision.--Section 358 of
the Ike Skelton National Defense Authorization Act for
Fiscal Year 2011 (49 U.S.C. 44718 note) is repealed.
(2) Cross-reference in title 49, united states
code.--Section 44718(f) of title 49, United States
Code, is amended by inserting ``and in accordance with
section 183a(e) of title 10'' after ``conducted under
subsection (b)''.
(3) Reference to definitions.--Section 44718(g) of
title 49, United States Code, is amended by striking
``211.3 of title 32, Code of Federal Regulations, as in
effect on January 6, 2014'' both places it appears and
inserting ``183a(g) of title 10''.
(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. Military Aviation and Installation Assurance 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.
(d) Deadline for Initial Identification of Geographic
Areas.--The initial identification of geographic areas under
section 183a(d)(2)(B) of title 10, United States Code, as added
by subsection (a), shall be completed not later than 180 days
after the date of the enactment of this Act.
(e) Conforming Amendment Regarding Critical Military-use
Airspace Areas.--Section 44718 of title 49, United States Code,
as amended by subsection (b)(3), is further amended--
(1) by redesignating subsection (g) as subsection
(h); and
(2) by inserting after subsection (f) the following
new subsection:
``(g) Special Rule for Identified Geographic Areas.--In the
case of a proposed structure to be located within a geographic
area identified under section 183a(d)(2)(B) of title 10, the
Secretary of Transportation may not issue a determination
pursuant to this section until the Secretary of Defense issues
a finding under section 183a(e) of title 10, the Secretary of
Defense advises the Secretary of Transportation that no finding
under section 183a(e) of title 10 will be forthcoming, or 180
days have lapsed since the project was filed with the Secretary
of Transportation pursuant to this section, whichever occurs
first.''.
SEC. 312. ENERGY PERFORMANCE GOALS AND MASTER PLAN.
Section 2911(c) of title 10, United States Code, is
amended--
(1) in paragraph (1), by inserting before the
period at the end the following: ``, the future demand
for energy, and the requirements for the use of
energy'';
(2) in paragraph (2), by striking ``reduce the
future demand and the requirements for the use of
energy'' and inserting ``enhance energy resilience to
ensure the Department of Defense has the ability to
prepare for and recover from energy disruptions that
affect mission assurance on military installations'';
and
(3) by adding at the end the following new
paragraph:
``(13) Opportunities to leverage financing provided
by a non-Department entity to address installation
energy needs.''.
SEC. 313. PAYMENT TO ENVIRONMENTAL PROTECTION AGENCY OF STIPULATED
PENALTY IN CONNECTION WITH UMATILLA CHEMICAL DEPOT,
OREGON.
(a) Authority to Transfer Funds.--
(1) Transfer amount.--The Secretary of the Army may
transfer an amount of not more than $125,000 to the
Hazardous Substance Superfund established under
subchapter A of chapter 98 of the Internal Revenue Code
of 1986. Any such transfer shall be made without regard
to section 2215 of title 10, United States Code.
(2) Source of funds.--Any transfer under subsection
(a) shall be made using funds authorized to be
appropriated by this Act or otherwise made available
for fiscal year 2018 for Base Realignment and Closure,
Army.
(b) Purpose of Transfer.--A transfer under subsection (a)
shall be for the purpose of satisfying a stipulated penalty
assessed by the Environmental Protection Agency in the
settlement agreement approved by the Army on July 14, 2016,
against the Umatilla Chemical Depot, Oregon under the Federal
Facility Agreement between the Army and the Environmental
Protection Agency dated September 19, 1989.
(c) Acceptance of Payment.--If the Secretary of the Army
makes a transfer under subsection (a), the Administrator of the
Environmental Protection Agency shall accept the amount
transferred as payment in full of the penalty referred to in
subsection (b).
SEC. 314. PAYMENT TO ENVIRONMENTAL PROTECTION AGENCY OF STIPULATED
PENALTY IN CONNECTION WITH LONGHORN ARMY AMMUNITION
PLANT, TEXAS.
(a) Authority to Transfer Funds.--
(1) Transfer amount.--The Secretary of the Army may
transfer an amount of not more than $1,185,000 to the
Hazardous Substance Superfund established under
subchapter A of chapter 98 of the Internal Revenue Code
of 1986. Any such transfer shall be made without regard
to section 2215 of title 10, United States Code.
(2) Source of funds.--Any transfer under subsection
(a) shall be made using funds authorized to be
appropriated by this Act or otherwise made available
for fiscal year 2018 for Environmental Restoration,
Army.
(b) Purpose of Transfer.--A transfer under subsection (a)
shall be for the purpose of satisfying a stipulated penalty
assessed by the Environmental Protection Agency on April 5,
2013, against Longhorn Army Ammunition Plant, Texas, under the
Federal Facility Agreement for Longhorn Army Ammunition Plant,
which was entered into between the Army and the Environmental
Protection Agency in 1991.
(c) Acceptance of Payment.--If the Secretary of the Army
makes a transfer under subsection (a), the Administrator of the
Environmental Protection Agency shall accept the amount
transferred as payment in full of the penalty referred to in
subsection (b).
SEC. 315. DEPARTMENT OF THE ARMY CLEANUP AND REMOVAL OF PETROLEUM, OIL,
AND LUBRICANT ASSOCIATED WITH THE PRINZ EUGEN.
(a) Authority.--Amounts authorized to be appropriated for
the Department of the Army may by used for all necessary
expenses for the removal and cleanup of petroleum, oil, and
lubricants associated with the heavy cruiser Prinz Eugen, which
was transferred from the United States to the Republic of the
Marshall Islands in 1986.
(b) Certification.--If the Secretary of the Army does not
use the authority provided by subsection (a), the Secretary
shall submit a certification to the congressional defense
committees not later than September 30, 2018, that the
petroleum, oil, and lubricants associated with the heavy
cruiser Prinz Eugen do not adversely impact safety or military
operations.
SEC. 316. CENTERS FOR DISEASE CONTROL STUDY ON HEALTH IMPLICATIONS OF
PER- AND POLYFLUOROALKYL SUBSTANCES CONTAMINATION
IN DRINKING WATER.
(a) Study on Human Health Implications.--
(1) In general.--The Secretary of Health and Human
Services, acting through the Centers for Disease
Control and Prevention and the Agency for Toxic
Substances and Disease Registry, and, as appropriate,
the National Institute of Environmental Health
Sciences, and in consultation with the Department of
Defense, shall--
(A) commence a study on the human health
implications of per- and polyfluoroalkyl
substances (PFAS) contamination in drinking
water, ground water, and any other sources of
water and relevant exposure pathways, including
the cumulative human health implications of
multiple types of PFAS contamination at levels
above and below health advisory levels;
(B) not later than 5 years after the date
of enactment of this Act (or 7 years after such
date of enactment after providing notice to the
appropriate congressional committees of the
need for the delay)--
(i) complete such study and make
any appropriate recommendations; and
(ii) submit a report to the
appropriate congressional committees on
the results of such study; and
(C) not later than one year after the date
of the enactment of this Act, and annually
thereafter until submission of the report under
subparagraph (B)(ii), submit to the appropriate
congressional committees a report on the
progress of the study.
(2) Funding.--Of the amounts authorized to be
appropriated by this Act for the Department of Defense,
$7,000,000 shall be available to carry out the study
under this subsection.
(3) Appropriate congressional committees defined.--
In this subsection, the term ``appropriate
congressional committees'' means--
(A) the congressional defense committees;
(B) the Committee on Heath, Education,
Labor, and Pensions, the Committee on
Environment and Public Works, and the Committee
on Veterans' Affairs of the Senate; and
(C) the Committee on Energy and Commerce
and the Committee on Veterans' Affairs of the
House of Representatives.
(b) Exposure Assessment.--
(1) In general.--The Secretary of Health and Human
Services, acting through the Centers for Disease
Control and Prevention and the Agency for Toxic
Substances and Disease Registry, and, as appropriate,
the National Institute of Environmental Health
Sciences, and in consultation with the Department of
Defense, shall conduct an exposure assessment of no
less than 8 current or former domestic military
installations known to have PFAS contamination in
drinking water, ground water, and any other sources of
water and relevant exposure pathways.
(2) Contents.--The exposure assessment required
under this subsection shall--
(A) include--
(i) for each military installation
covered under the exposure assessment,
a statistical sample to be determined
by the Secretary of Health and Human
Services in consultation with the
relevant State health departments; and
(ii) bio-monitoring for assessing
the contamination described in
paragraph (1); and
(B) produce findings, which shall be--
(i) used to help design the study
described in subsection (a)(1)(A); and
(ii) released to the appropriate
congressional committees not later than
1 year after the conclusion of such
exposure assessment.
(3) Timing.--The exposure assessment required under
this subsection shall--
(A) begin not later than 180 days after the
date of enactment of this Act; and
(B) conclude not later than 2 years after
such date of enactment.
(c) Coordination With Other Agencies.--The Agency for Toxic
Substance and Disease Registry may, as necessary, use staff and
other resources from other Federal agencies in carrying out the
study under subsection (a) and the assessment under subsection
(b).
(d) No Effect on Regulatory Process.--The study and
assessment conducted under this section shall not interfere
with any regulatory processes of the Environmental Protection
Agency, including determinations of maximum contaminant levels.
SEC. 317. SENTINEL LANDSCAPES PARTNERSHIP.
(a) Establishment.--The Secretary of Defense, in
coordination with the Secretary of Agriculture and the
Secretary of the Interior, may establish and carry out a
program to preserve sentinel landscapes. The program shall be
known as the ``Sentinel Landscapes Partnership''.
(b) Designation of Sentinel Landscapes.--The Secretary of
Defense, the Secretary of Agriculture, and the Secretary of the
Interior, may, as the Secretaries determine appropriate,
collectively designate one or more sentinel landscapes.
(c) Coordination of Activities.--The Secretaries may
coordinate actions between their departments and with other
agencies and private organizations to more efficiently work
together for the mutual benefit of conservation, working lands,
and national defense, and to encourage private landowners to
engage in voluntary land management and conservation activities
that contribute to the sustainment of military installations,
ranges, and airspace.
(d) Priority Consideration.--The Secretary of Agriculture
and the Secretary of the Interior may give to any eligible
landowner or agricultural producer within a designated sentinel
landscape priority consideration for participation in any
easement, grant, or assistance programs administered by that
Secretary's department. Participation in any such program
pursuant to this section shall be voluntary.
(e) Definitions.--In this section:
(1) Military installation.--The term ``military
installation'' has the same meaning as provided in
section 670(1) of title 16, United States Code.
(2) State-owned national guard installation.--The
term ``State-owned National Guard installation'' has
the same meaning as provided in section 670(3) of title
16, United States Code.
(3) Sentinel landscape.--The term ``sentinel
landscape'' means a landscape-scale area encompassing--
(A) one or more military installations or
state-owned National Guard installations and
associated airspace; and
(B) the working or natural lands that serve
to protect and support the rural economy, the
natural environment, outdoor recreation, and
the national defense test and training missions
of the military- or State-owned National Guard
installation or installations.
(f) Conforming Amendment.--Section 312(b) of the National
Defense Authorization Act for Fiscal Year 2014 (Public Law 113-
66; 127 Stat. 729; 10 U.S.C. 2684a note) is repealed.
SEC. 318. REPORT ON RELEASE OF RADIUM OR RADIOACTIVE MATERIAL INTO THE
GROUNDWATER NEAR THE INDUSTRIAL RESERVE PLANT IN
BETHPAGE, NEW YORK.
Not later than 120 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to Congress an
addendum to the report submitted to Congress in June 2017
entitled ``2017 Annual Report For Groundwater Impacts at Naval
Weapons Industrial Reserve Plant Bethpage, New York'' that
would detail any releases by the Department of Defense of
radium or radioactive material into the groundwater within a
75-mile radius of the industrial reserve plant in Bethpage, New
York.
Subtitle C--Logistics and Sustainment
SEC. 321. REAUTHORIZATION OF MULTI-TRADES DEMONSTRATION PROJECT.
Section 338 of the National Defense Authorization Act for
Fiscal Year 2004 (Public Law 108-136; 10 U.S.C. 5013 note), as
most recently amended by section 321 of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126
Stat. 1694) is amended--
(1) in subsection (d), by striking ``2018'' and
inserting ``2023''; and
(2) in subsection (e), by striking ``2019'' and
inserting ``2024''.
SEC. 322. INCREASED PERCENTAGE OF SUSTAINMENT FUNDS AUTHORIZED FOR
REALIGNMENT TO RESTORATION AND MODERNIZATION AT
EACH INSTALLATION.
(a) In General.--The Secretary of Defense may authorize an
installation commander to realign up to 7.5 percent of an
installation's sustainment funds to restoration and
modernization.
(b) Sunset.--The authority under subsection (a) shall
expire at the close of September 30, 2022.
(c) Definitions.--The terms ``sustainment'',
``restoration'', and ``modernization'' have the meanings given
the terms in the Department of Defense Financial Management
Regulation.
SEC. 323. GUIDANCE REGARDING USE OF ORGANIC INDUSTRIAL BASE.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of the Army shall establish clear and
prescriptive guidance on the process for conducting make-or-buy
analyses for Army requirements, including the use of the
organic industrial base.
Subtitle D--Reports
SEC. 331. QUARTERLY REPORTS ON PERSONNEL AND UNIT READINESS.
(a) Modification and Improvement.--Section 482 of title 10,
United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``Each report'' and
inserting ``The reports for the first and third
quarters of a calendar year''; and
(B) by adding at the end the following new
sentence: ``The reports for the second and
fourth quarters of a calendar year shall
contain the information required by subsection
(j).'';
(2) in subsection (b)--
(A) in the subsection heading, by striking
``and Remedial Actions'';
(B) in the matter preceding paragraph (1),
by striking ``Each report'' and inserting ``A
report for the second or fourth quarter of a
calendar year'';
(C) in paragraph (1), by inserting ``and''
after the semicolon;
(D) by striking paragraph (2); and
(E) by redesignating paragraph (3) as
paragraph (2);
(3) in subsection (d)(1), by striking ``Each
report'' and inserting ``A report for the second or
fourth quarter of a calendar year'';
(4) in subsection (e), by striking ``Each report''
and inserting ``A report for the second or fourth
quarter of a calendar year'';
(5) in subsection (f)(1), by striking ``Each
report'' and inserting ``A report for the second or
fourth quarter of a calendar year'';
(6) in subsection (g)(1), by striking ``Each
report'' and inserting ``A report for the second or
fourth quarter of a calendar year''; and
(7) by adding at the end the following new
subsection:
``(j) Remedial Actions.--A report for the first or third
quarter of a calendar year shall include--
``(1) a description of the mitigation plans of the
Secretary to address readiness shortfalls and
operational deficiencies identified in the report
submitted for the preceding calendar quarter; and
``(2) for each such shortfall or deficiency, a
timeline for resolution, the cost necessary for such
resolution, the mitigation strategy the Department will
employ until the resolution is in place, and any
legislative remedies required.''.
(b) Conforming Amendments.--Section 117 of title 10, United
States Code, is amended--
(1) in subsection (d)--
(A) in the subsection heading, by striking
``Quarterly''and inserting ``Semi-annual''; and
(B) in paragraph (1)(A), by striking
``quarterly'' and inserting ``semi-annual'';
and
(2) in subsection (e), by striking ``each quarter''
and inserting ``semi-annually''.
SEC. 332. BIENNIAL REPORT ON CORE DEPOT-LEVEL MAINTENANCE AND REPAIR
CAPABILITY.
Section 2464(d) of title 10, United States Code, is amended
by adding at the end the following new paragraphs:
``(4) Any workload shortfalls at any work breakdown
structure category designated as a lower-level category
pursuant to Department of Defense Instruction 4151.20,
or any successor instruction.
``(5) A description of any workload executed at a
category designated as a first-level category pursuant
to such Instruction, or any successor instruction, that
could be used to mitigate shortfalls in similar
categories.
``(6) A description of any progress made on
implementing mitigation plans developed pursuant to
paragraph (3).
``(7) A description of core capability requirements
and corresponding workloads at the first level
category.
``(8) In the case of any shortfall that is
identified, a description of the shortfall and an
identification of the subcategory of the work breakdown
structure in which the shortfall occurred.
``(9) In the case of any work breakdown structure
category designated as a special interest item or other
pursuant to such Instruction, or any successor
instruction, an explanation for such designation.
``(10) Whether the core depot-level maintenance and
repair capability requirements described in the report
submitted under this subsection for the preceding
fiscal year have been executed.''.
SEC. 333. ANNUAL REPORT ON PERSONNEL, TRAINING, AND EQUIPMENT NEEDS OF
NON-FEDERALIZED NATIONAL GUARD.
(a) Annual Report Required.--Section 10504 of title 10,
United States Code, as amended by section 1051, is further
amended--
(1) in subsection (a)--
(A) in the subsection heading, by striking
``Report'' and inserting ``Report on State of
the National Guard''; and
(B) by striking ``The report'' and
inserting the following:
``(2) The annual report required by paragraph
(1)''; and
(2) by adding at the end the following new
subsection:
``(b) Annual Report on Non-federalized Service National
Guard Personnel, Training, and Equipment Requirements.--(1) Not
later than January 31 of each of calendar years 2018 through
2020, the Chief of the National Guard Bureau, in coordination
with the Secretary of Defense, shall submit to the recipients
described in paragraph (3) a report that identifies the
personnel, training, and equipment required by the non-
Federalized National Guard--
``(A) to support civilian authorities in
connection with natural and man-made disasters
during the covered period; and
``(B) to carry out prevention, protection,
mitigation, response, and recovery activities
relating to such disasters during the covered
period.
``(2) In preparing each report under paragraph (1), the
Chief of the National Guard Bureau shall--
``(A) consult with the chief executive of each
State, the Council of Governors, and other appropriate
civilian authorities;
``(B) collect and validate information from each
State relating to the personnel, training, and
equipment requirements described in paragraph (1);
``(C) set forth separately the personnel, training,
and equipment requirements for--
``(i) each of the emergency support
functions of the National Response Framework;
and
``(ii) each of the Federal Emergency
Management Agency regions;
``(D) assess core civilian capability gaps relating
to natural and man-made disasters, as identified by
States in submissions to the Department of Homeland
Security;
``(E) take into account threat and hazard
identifications and risk assessments of the Department
of Defense, the Department of Homeland Security, and
the States; and
``(F) assess the budgets of each State to support
the personnel, training, and equipment requirements of
the non-Federalized National Guard.
``(3) The annual report required by paragraph (1) shall be
submitted to the following officials:
``(A) The congressional defense committees, the
Committee on Homeland Security of the House of
Representatives, and the Committee on Homeland Security
and Governmental Affairs of the Senate.
``(B) The Secretary of Defense.
``(C) The Secretary of Homeland Security.
``(D) The Council of Governors.
``(E) The Secretary of the Army.
``(F) The Secretary of the Air Force.
``(G) The Commander of the United States Northern
Command.
``(H) The Commander of the United States Pacific
Command.
``(I) The Commander of the United States Cyber
Command.
``(4) In this subsection, the term `covered period' means
the fiscal year beginning after the date on which a report is
submitted under paragraph (1).''.
(b) Clerical Amendments.--
(1) Section heading.--The heading of such section
is amended to read as follows:
``Sec. 10504. Chief of National Guard Bureau: annual reports''.
(2) Table of contents.--The table of sections at
the beginning of chapter 1011 of title 10, United
States Code, is amended by striking the item relating
to section 10504 and inserting the following:
``10504. Chief of National Guard Bureau: annual reports.''.
SEC. 334. ANNUAL REPORT ON MILITARY WORKING DOGS USED BY THE DEPARTMENT
OF DEFENSE.
(a) Capacity.--The Secretary of Defense, acting through the
Executive Agent for Military Working Dogs (hereinafter in this
section referred to as the ``Executive Agent''), shall--
(1) identify the number of military working dogs
required to fulfill the various missions of the
Department of Defense for which such dogs are used,
including force protection, facility and check point
security, and explosives and drug detection;
(2) take such steps as are practicable to ensure an
adequate number of military working dog teams are
available to meet and sustain the mission requirements
identified in paragraph (1);
(3) ensure that the Department's needs and
performance standards with respect to military working
dogs are readily available to dog breeders and
trainers; and
(4) coordinate with other Federal, State, and local
agencies, nonprofit organizations, universities, and
private sector entities, as appropriate, to increase
the training capacity for military working dog teams.
(b) Military Working Dog Procurement.--The Secretary,
acting through the Executive Agent, shall work to ensure that
military working dogs are procured as efficiently as possible
and at the best value to the Government, while maintaining the
necessary level of quality and encouraging increased domestic
breeding.
(c) Annual Report.--Not later than 90 days after the date
of the enactment of this Act, and annually thereafter until
September 30, 2021, the Secretary, acting through the Executive
Agent, shall submit to the congressional defense committees a
report on the procurement and retirement of military working
dogs for the fiscal year preceding the fiscal year during which
the report is submitted. Each report under this subsection
shall include the following for the fiscal year covered by the
report:
(1) The number of military working dogs procured,
by source, by each military department or Defense
Agency.
(2) The cost of procuring military working dogs
incurred by each military department or Defense Agency.
(3) The number of domestically-bred and sourced
military working dogs procured by each military
department or Defense Agency, including a list of
vendors, their location, cost, and the quantity of dogs
procured from each vendor.
(4) The number of non-domestically-bred military
working dogs procured from non-domestic sources by each
military department or Defense Agency, including a list
of vendors, their location, cost, and the quantity of
dogs procured from each vendor.
(5) The cost of procuring pre-trained and green
dogs for force protection, facility and checkpoint
security, and improvised explosive device, other
explosives, and drug detection.
(6) An analysis of the procurement practices of
each military department or Defense Agency that limit
market access for domestic canine vendors and breeders.
(7) The total cost of procuring domestically-bred
military working dogs versus the total cost of
procuring dogs from non-domestic sources.
(8) The total number of domestically-bred dogs and
the number of dogs from foreign sources procured by
each military department or Defense Agency and the
number and percentage of those dogs that are ultimately
deployed for their intended use.
(9) An explanation for any significant difference
in the cost of procuring military working dogs from
different sources.
(10) An estimate of the number of military working
dogs expected to retire annually and an identification
of the primary cause of the retirement of such dogs.
(11) An identification of the final disposition of
military working dogs no longer in service.
(d) Military Working Dog Defined.--For purposes of this
section, the term ``military working dog'' means a dog used in
any official military capacity, as defined by the Secretary of
Defense.
SEC. 335. REPORT ON EFFECTS OF CLIMATE CHANGE ON DEPARTMENT OF DEFENSE.
(a) Findings.--Congress makes the following findings:
(1) Secretary of Defense James Mattis has stated:
``It is appropriate for the Combatant Commands to
incorporate drivers of instability that impact the
security environment in their areas into their
planning.''.
(2) Secretary of Defense James Mattis has stated:
``I agree that the effects of a changing climate --
such as increased maritime access to the Arctic, rising
sea levels, desertification, among others -- impact our
security situation.''.
(3) Chairman of the Joint Chiefs of Staff Joseph
Dunford has stated: ``It's a question, once again, of
being forward deployed, forward engaged, and be in a
position to respond to the kinds of natural disasters
that I think we see as a second or third order effect
of climate change.''.
(4) Former Secretary of Defense Robert Gates has
stated: ``Over the next 20 years and more, certain
pressures-population, energy, climate, economic,
environmental-could combine with rapid cultural,
social, and technological change to produce new sources
of deprivation, rage, and instability.''.
(5) Former Chief of Staff of the U.S. Army Gordon
Sullivan has stated: ``Climate change is a national
security issue. We found that climate instability will
lead to instability in geopolitics and impact American
military operations around the world.''.
(6) The Office of the Director of National
Intelligence (ODNI) has stated: ``Many countries will
encounter climate-induced disruptions--such as weather-
related disasters, drought, famine, or damage to
infrastructure--that stress their capacity to respond,
cope with, or adapt. Climate-related impacts will also
contribute to increased migration, which can be
particularly disruptive if, for example, demand for
food and shelter outstrips the resources available to
assist those in need.''.
(7) The Government Accountability Office (GAO) has
stated: ``DOD links changes in precipitation patterns
with potential climate change impacts such as changes
in the number of consecutive days of high or low
precipitation as well as increases in the extent and
duration of droughts, with an associated increase in
the risk of wildfire. . . this may result in mission
vulnerabilities such as reduced live-fire training due
to drought and increased wildfire risk.''.
(8) A three-foot rise in sea levels will threaten
the operations of more than 128 United States military
sites, and it is possible that many of these at-risk
bases could be submerged in the coming years.
(9) As global temperatures rise, droughts and
famines can lead to more failed states, which are
breeding grounds of extremist and terrorist
organizations.
(10) In the Marshall Islands, an Air Force radar
installation built on an atoll at a cost of
$1,000,000,000 is projected to be underwater within two
decades.
(11) In the western United States, drought has
amplified the threat of wildfires, and floods have
damaged roads, runways, and buildings on military
bases.
(12) In the Arctic, the combination of melting sea
ice, thawing permafrost, and sea-level rise is eroding
shorelines, which is damaging radar and communication
installations, runways, seawalls, and training areas.
(13) In the Yukon Training Area, units conducting
artillery training accidentally started a wildfire
despite observing the necessary practices during red
flag warning conditions.
(b) Sense of Congress.--It is the sense of Congress that--
(1) climate change is a direct threat to the
national security of the United States and is impacting
stability in areas of the world both where the United
States Armed Forces are operating today, and where
strategic implications for future conflict exist;
(2) there are complexities in quantifying the cost
of climate change on mission resiliency, but the
Department of Defense must ensure that it is prepared
to conduct operations both today and in the future and
that it is prepared to address the effects of a
changing climate on threat assessments, resources, and
readiness; and
(3) military installations must be able to
effectively prepare to mitigate climate damage in their
master planning and infrastructure planning and design,
so that they might best consider the weather and
natural resources most pertinent to them.
(c) Report.--
(1) Report required.--Not later than one year after
the date of the enactment of this Act, the Secretary of
Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives
a report on vulnerabilities to military installations
and combatant commander requirements resulting from
climate change over the next 20 years.
(2) Elements.--The report on vulnerabilities to
military installations and combatant commander
requirements required by paragraph (1) shall include
the following:
(A) A list of the ten most vulnerable
military installations within each service
based on the effects of rising sea tides,
increased flooding, drought, desertification,
wildfires, thawing permafrost, and any other
categories the Secretary determines necessary.
(B) An overview of mitigations that may be
necessary to ensure the continued operational
viability and to increase the resiliency of the
identified vulnerable military installations
and the cost of such mitigations.
(C) A discussion of the climate-change
related effects on the Department, including
the increase in the frequency of humanitarian
assistance and disaster relief missions and the
theater campaign plans, contingency plans, and
global posture of the combatant commanders.
(D) An overview of mitigations that may be
necessary to ensure mission resiliency and the
cost of such mitigations.
(3) Form.--The report required under paragraph (1)
shall be submitted in unclassified form, but may
contain a classified annex.
SEC. 336. REPORT ON OPTIMIZATION OF TRAINING IN AND MANAGEMENT OF
SPECIAL USE AIRSPACE.
(a) In General.--Not later than 120 days after the date of
the enactment of this Act, the Director of the Bases, Ranges,
and Airspace Directorate of the Air Force and the Administrator
of the Federal Aviation Administration shall submit to Congress
a report on optimization of training in and management of
special use airspace that includes the following:
(1) Best practices for the management of special
use airspace, including practices that--
(A) result in cost savings relating to
training;
(B) increase training opportunities for
airmen;
(C) increase joint use of such airspace;
(D) improve coordination with respect to
such airspace with--
(i) the Federal Aviation
Administration;
(ii) Indian tribes;
(iii) airports, civilian aircraft
operators, and local communities; and
(iv) private landowners and other
stakeholders; or
(E) improve the coordination of large force
exercises, including the use of waivers or
other exceptional measures.
(2) An assessment of whether the capacity of
ranges, including limitations on flight operations, is
adequate to meet current and future training needs.
(3) An assessment of whether the establishment of a
dedicated squadron for the purpose of coordinating the
use of a special use airspace at the installation
located in that airspace would improve the achievement
of the objectives described in subparagraphs (A)
through (E) of paragraph (1).
(4) An assessment of the processes in place to
consider, evaluate, and mitigate special use airspace
impacts to the public right of transit through
navigable airspace and the safe and efficient use of
the National Airspace System by commercial and general
aviation.
(5) Recommendations for improving the management
and utilization of special use airspace to meet the
objectives described in subparagraphs (A) through (E)
of paragraph (1) and to address any gaps in capacity
identified under paragraph (2).
(b) Special Use Airspace Defined.--In this section, the
term ``special use airspace'' means special use airspace
designated under part 73 of title 14, Code of Federal
Regulations.
SEC. 337. PLAN FOR MODERNIZED, DEDICATED DEPARTMENT OF THE NAVY
ADVERSARY AIR TRAINING ENTERPRISE.
(a) Plan Required.--The Chief of Naval Operations and the
Commandant of the Marine Corps shall develop a plan--
(1) to establish a modernized, dedicated adversary
air training enterprise for the Department of the Navy
in order to--
(A) maximize warfighting effectiveness and
synergies of the current and planned fourth and
fifth generation combat air forces through
optimized training and readiness; and
(B) harness intelligence analysis, emerging
live-virtual-constructive training
technologies, range infrastructure
improvements, and results of experimentation
and prototyping efforts in operational concept
development;
(2) to explore all available opportunities to
challenge the combat air forces of the Department of
the Navy with threat representative adversary-to-
friendly aircraft ratios, known and emerging adversary
tactics, and high-fidelity replication of threat
airborne and ground capabilities; and
(3) to execute all means available to achieve
training and readiness goals and objectives of the Navy
and Marine Corps with demonstrated institutional
commitment to the adversary air training enterprise
through the application of Department of the Navy
policy and resources, partnering with the other Armed
Forces, allies, and friends, and employing the use of
industry contracted services.
(b) Plan Elements.--The plan required under subsection (a)
shall include enterprise goals, objectives, concepts of
operations, phased implementation timelines, analysis of
expected readiness improvements, prioritized resource
requirements, and such other matters as the Chief of Naval
Operations and Commandant of the Marine Corps consider
appropriate.
(c) Submittal of Plan and Briefing.--Not later than March
1, 2018, the Chief of Naval Operations and Commandant of the
Marine Corps shall provide to the Committees on Armed Services
of the Senate and the House of Representatives a written plan
and briefing on the plan required under subsection (a).
SEC. 338. UPDATED GUIDANCE REGARDING BIENNIAL CORE REPORT.
To ensure that the biennial core reporting procedures of
the Department of Defense align with the requirements of
section 2464 of title 10, United States Code, and that each
reporting agency provides accurate and complete information,
the Secretary of Defense shall direct the Under Secretary of
Defense for Acquisition, Technology and Logistics to update the
Department of Defense Guidance, in particular Department of
Defense Instruction 4151.20, to require future biennial core
reports include instructions to the reporting agencies on how
to--
(1) report additional depot workload performed that
has not been identified as a core requirement;
(2) accurately capture inter-service workload;
(3) calculate shortfalls; and
(4) estimate the cost of planned workload.
Subtitle E--Other Matters
SEC. 341. EXPLOSIVE SAFETY BOARD.
(a) Modification and Improvement of Ammunition Storage
Board.--Section 172 of title 10, United States Code, is
amended--
(1) by striking ``The Secretaries of the military
departments'' and inserting ``(a) In General.--The
Secretary of Defense'';
(2) by inserting ``that includes members'' after
``joint board'';
(3) by striking ``selected by them'' and inserting
``selected by the Secretaries of the military
departments,'';
(4) by inserting ``military'' before ``officers'';
(5) by inserting ``designated as the chair and
voting members of the board for each military
department'' after ``officers'';
(6) by inserting ``and other'' before ``civilian
officers'';
(7) by striking ``or both'' and inserting ``as
necessary'';
(8) by striking ``keep informed on stored'' and
inserting ``provide oversight on storage and
transportation of''; and
(9) by adding at the end the following new
subsection:
``(b) Oversight by Secretaries of the Military
Departments.--The Secretaries of the military departments shall
provide research, development, test, evaluation, and
manufacturing oversight for energetic materials supporting
military requirements.''.
(b) Clerical Amendments.--
(1) Section heading.--The heading of section 172 of
title 10, United States Code, is amended by striking
``Ammunition storage'' and inserting ``Explosive
safety''.
(2) Table of sections.--The table of sections at
the beginning of chapter 7 of such title is amended by
striking the item relating to section 172 and inserting
the following new item:
``172. Explosive safety board.''.
SEC. 342. 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. 343. LIMITATION ON AVAILABILITY OF FUNDS FOR ADVANCED SKILLS
MANAGEMENT SOFTWARE SYSTEM OF THE NAVY.
(a) Limitation.--None of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal
year 2018 for the Department of Defense may be obligated for
the enhancement of the advanced skills management software
system of the Navy until a period of 60 days has elapsed
following the date on which Secretary of the Navy makes the
submission required under subsection (b)(3).
(b) Briefing and Certification.--The Secretary of the Navy
shall--
(1) provide to the Committees on Armed Services of
the Senate and the House of Representatives a briefing
on any enhancements that are needed for the advanced
skills management software system of the Navy;
(2) after providing the briefing under paragraph
(1), issue a request for information for such
enhancements in accordance with part 15.2 of the
Federal Acquisition Regulation; and
(3) submit to the Committees on Armed Services of
the Senate and the House of Representatives--
(A) the results of the request for
information issued under paragraph (2); and
(B) a written certification that--
(i) as part of the request for
information, the Secretary solicited
information on commercially available
off-the-shelf software solutions that
may be used to enhance the advanced
skills management software system of
the Navy; and
(ii) the Secretary has considered
using such solutions.
(c) Advanced Skills Management Software System Defined.--In
this section, the term ``advanced skills management software
system'' means a software application designed to--
(1) identify job task requirements for Navy
personnel;
(2) assist in determining the proficiencies of such
personnel;
(3) document qualifications and certifications of
such personnel; and
(4) track the technical training completed by Navy
aviation maintenance personnel.
SEC. 344. COST-BENEFIT ANALYSIS OF UNIFORM SPECIFICATIONS FOR AFGHAN
MILITARY OR SECURITY FORCES.
Beginning on the date of the enactment of this Act,
whenever the Secretary of Defense enters into a contract for
the provision of uniforms for Afghan military or security
forces, the Secretary shall conduct a cost-benefit analysis of
the uniform specification for the Afghan military or security
forces uniform. Such analysis shall determine--
(1) whether there is a more effective alternative
uniform specification, considering both operational
environment and cost, available to the Afghan military
or security forces;
(2) the efficacy of the existing pattern compared
to other alternatives (both proprietary and non-
proprietary patterns); and
(3) the costs and feasibility of transitioning the
uniforms of the Afghan military or security forces to a
pattern owned by the United States, using existing
excess inventory where available, and acquiring the
rights to the Spec4ce Forest pattern.
SEC. 345. TEMPORARY INSTALLATION REUTILIZATION AUTHORITY FOR ARSENALS,
DEPOTS, AND PLANTS.
(a) Modified Authority.--In the case of a military
manufacturing arsenal, depot, or plant, the Secretary of the
Army may authorize up to 10 leases and contracts per fiscal
year under section 2667 of title 10, United States Code, for a
term of up to 25 years, notwithstanding subsection (b)(1) of
such section, if the Secretary determines that a lease or
contract of that duration will promote the national defense for
the purpose of--
(1) helping to maintain the viability of the
military manufacturing arsenal, depot, or plant and any
military installations on which it is located;
(2) eliminating, or at least reducing, the cost of
Government ownership of the military manufacturing
arsenal, depot, or plant, including the costs of
operations and maintenance, the costs of environmental
remediation, and other costs; and
(3) leveraging private investment at the military
manufacturing arsenal, depot, or plant through long-
term facility use contracts, property management
contracts, leases, or other agreements that support and
advance the preceding purposes.
(b) Delegation and Review Process.--
(1) In general.--The Secretary of the Army may
delegate the authority provided by this section to the
commander of the major subordinate command of the Army
that has responsibility for the military manufacturing
arsenal, depot, or plant or, if part of a larger
military installation, the installation as a whole. The
commander may approve a lease or contract under such
authority on a case-by-case basis or a class basis.
(2) Notice of approval.--Upon any approval of a
lease or contract by a commander pursuant to a
delegation of authority under paragraph (1), the
commander shall notify the Chief of the Army Corps of
Engineers and Congress of the approval.
(3) Review period.--Any lease or contract that is
approved utilizing the delegation authority under
paragraph (1) is subject to a 90-day hold period so
that the Chief of the Army Corps of Engineers may
review the lease or contract pursuant to paragraph (4).
(4) Disposition of review.--If the Chief of the
Army Corps of Engineers disapproves of a contract or
lease submitted for review under paragraph (3), the
agreement shall be null and void upon transmittal by
the Chief of the Army Corps of Engineers to the
delegating authority of a written disapproval,
including a justification for such disapproval, within
the 90-day hold period. If no such disapproval is
transmitted within the 90-day hold period, the
agreement shall be deemed approved.
(5) Approval of revised agreement.--If, not later
than 60 days after receiving a disapproval under
paragraph (4), the delegating authority submits to the
Chief of the Army Corps of Engineers a new contract or
lease that addresses the concerns of the Chief of the
Army Corps of Engineers outlined in such disapproval,
the new contract or lease shall be deemed approved
unless the Chief of the Army Corps of Engineers
transmits to the delegating authority a disapproval of
the new contract or lease within 30 days of such
submission.
(c) Military Manufacturing Arsenal, Depot, or Plant
Defined.--In this section, the term ``military manufacturing
arsenal, depot, or plant'' means a Government-owned,
Government-operated defense plant of the Army that manufactures
weapons, weapon components, or both.
(d) Sunset.--The authority under this section shall
terminate at the close of September 30, 2020. Any contracts
entered into on or before such date shall continue in effect
according to their terms.
SEC. 346. COMPREHENSIVE PLAN FOR SHARING DEPOT-LEVEL MAINTENANCE BEST
PRACTICES.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a comprehensive
plan for the sharing of best practices for depot-level
maintenance among the military services.
(b) Elements.--The comprehensive plan required under
subsection (a) shall cover the sharing of best practices with
regard to--
(1) programing and scheduling;
(2) core capability requirements;
(3) workload;
(4) personnel management, development, and
sustainment;
(5) induction, duration, efficiency, and completion
metrics;
(6) parts, supply, tool, and equipment management;
(7) capital investment and manufacturing and
production capability; and
(8) inspection and quality control.
SEC. 347. PILOT PROGRAM FOR OPERATION AND MAINTENANCE BUDGET
PRESENTATION.
(a) In General.--Along with the budget for fiscal years
2019, 2020, and 2021 submitted by the President pursuant to
section 1105(a) of title 31, United States Code, the Secretary
of Defense and the Secretaries of the military departments
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives an annex for the following
Operation and Maintenance sub-activity groups (SAG):
(1) For the Army:
(A) SAG 111 - Maneuver Units.
(B) SAG 123 - Land Forces Depot
Maintenance.
(C) SAG 131 - Base Operations Support.
(D) SAG 322 - Flight Training.
(2) For the Navy:
(A) SAG 1A5A - Aircraft Depot Maintenance.
(B) SAG 1B1B - Mission and Other Ship
Operations.
(C) SAG 1B4B - Ship Depot Maintenance.
(D) SAG BSS1 - Base Operating Support.
(3) For the Marine Corps:
(A) SAG 1A1A - Operational Forces.
(B) SAG 1A3A - Depot Maintenance.
(C) SAG 1B1B - Field Logistics.
(D) SAG BSS1 - Base Operating Support.
(4) For the Air Force:
(A) SAG 011A - Primary Combat Forces.
(B) SAG 011Y - Flying Hour Program.
(C) SAG 011Z - Base Support.
(D) SAG 021M - Depot Maintenance.
(b) Elements.--The annex required under subsection (a)
shall include the following elements:
(1) A summary by appropriation account with
subtotals for Department of Defense components.
(2) A summary of each appropriation account by
budget activity, activity group, and sub-activity group
with budget activity and activity group subtotals and
an appropriation total.
(3) A detailed sub-activity group by program
element and expense aggregate listing in budget
activity and activity group sequence.
(4) A rollup document by sub-activity group with
accompanying program element funding with the PB-61
program element tags included.
(5) A summary of each depot maintenance facility
with information on workload, work force, sources of
funding, and expenses similar to the exhibit on Mission
Funded Naval Shipyards included with the 2012 Navy
Budget Justification.
(6) A summary of contractor logistics support for
each program element, including a measure of workload
and unit cost.
(c) Formatting.--The annex required under subsection (a)
shall be formatted in accordance with relevant Department of
Defense financial management regulations that provide guidance
for budget submissions to Congress.
SEC. 348. REPURPOSING AND REUSE OF SURPLUS ARMY FIREARMS.
(a) Required Transfer.--Not later than 90 days after the
date of the enactment of this Act, and subject to subsection
(c), the Secretary of the Army shall transfer to a suitable
organic facility all excess firearms, related spare parts and
components, small arms ammunition, and ammunition components
currently stored at Defense Distribution Depot, Anniston,
Alabama, that are no longer actively issued for military
service and that are otherwise prohibited from commercial sale,
or distribution, under Federal law.
(b) Repurposing and Reuse.--The items specified for
transfer under subsection (a) shall be melted and repurposed
for military use as determined by the Secretary of the Army,
including--
(1) the reforging of new firearms or their
components; and
(2) force protection barriers and security
bollards.
(c) Items Exempt From Transfer.--M-1 Garand, caliber .45
M1911/M1911A1 pistols, caliber .22 rimfire rifles, and such
additional items as designated by the Secretary in the annual
report required under subsection (d) are not subject to the
transfer requirement under subsection (a).
(d) Annual Report.--Not later than 5 days after the budget
of the President for a fiscal year is submitted to Congress
under section 1105 of title 31, United States Code, the
Secretary of the Army, in coordination with the Director of the
Defense Logistics Agency, shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a
report specifying additional excess firearms, related spare
parts and components, small arms ammunition, and ammunition
components designated as no longer actively issued for military
service and that are otherwise prohibited from commercial sale,
or distribution, under Federal law. The Secretary of the Army
shall designate these items to either be added to the transfer
list for the purposes described under subsection (b) or the
list of items exempted under subsection (c). The report may not
include the redesignation or change in status of items
previously designated for transfer or exemption pursuant to
subsections (a) or (c).
(e) Actions Pursuant to Annual Report.--The Secretary of
the Army may not take any action to transfer items designated
in the report submitted under subsection (d) until the date of
the enactment of the National Defense Authorization Act for the
fiscal year following the year such report is submitted. Upon
enactment of such Act, the Secretary shall transfer or exempt
the items so designated.
SEC. 349. DEPARTMENT OF THE NAVY MARKSMANSHIP AWARDS.
Section 40728 of title 36, United States Code, is amended
by adding at the end the following new subsection:
``(i) Authorized Navy Transfers.--(1) Notwithstanding
subsections (a) and (b), the Secretary of the Navy may transfer
to the corporation, in accordance with the procedures
prescribed in this subchapter, M-1 Garand and caliber .22
rimfire rifles held within the inventories of the United States
Navy and the United States Marine Corps and stored at Defense
Distribution Depot, Anniston, Alabama, or Naval Surface Warfare
Center, Crane, Indiana, as of the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2018.
``(2) The items specified for transfer under paragraph
(1)--
``(A) shall be used as awards for competitors in
marksmanship competitions held by the United States
Marine Corps or the United States Navy and may not be
resold; and
``(B) shall be rendered inoperable prior to award
and transfer to marksmanship competitors.''.
SEC. 350. CIVILIAN TRAINING FOR NATIONAL GUARD PILOTS AND SENSOR
OPERATOR AIRCREWS OF MQ-9 UNMANNED AERIAL VEHICLES.
(a) Contracts for Training.--Subject to subsection (c), the
Secretary of the Air Force may enter into one or more contracts
with appropriate civilian entities in order to provide flying
or operating training for Air National Guard pilots and sensor
operator aircrew members in the MQ-9 unmanned aerial vehicle if
the Secretary of the Air Force determines that--
(1) Air Force training units lack sufficient
capacity to train such pilots or sensor operator
aircrew members for initial qualification in the MQ-9
unmanned aerial vehicle;
(2) pilots or sensor operator aircrew members of
Air National Guard units require continuation training
in order to remain current and qualified in the MQ-9
unmanned aerial vehicle;
(3) non-combat continuation training in the MQ-9
unmanned aerial vehicle is necessary for such pilots or
sensor operator aircrew members to achieve required
levels of flying or operating proficiency; and
(4) such training for such pilots or sensor
operator aircrew members is necessary in order to meet
requirements for the Air National Guard to provide
pilots and sensor operator aircrew members qualified in
the MQ-9 unmanned aerial vehicle for operations on
active duty and in State status.
(b) Nature of Training Under Contracts.--Any training
provided pursuant to a contract under subsection (a) shall
incorporate a level of instruction that is equivalent to the
instruction in the MQ-9 unmanned aerial vehicle provided to
pilots and sensor operator aircrew members at Air Force
training units, as determined by the Secretary of the Air
Force.
(c) Authority Contingent on Certification and Notice and
Wait Period.--The Secretary of the Air Force may not use the
authority in subsection (a) unless and until the Secretary of
the Air Force certifies to the congressional defense committees
in writing, 90 days in advance of executing such authority
provided in subsection (a), that the use of the authority is
necessary to provide required flying or operating training for
Air National Guard pilots and sensor operator aircrew members
in the MQ-9 unmanned aerial vehicle.
SEC. 351. TRAINING FOR NATIONAL GUARD PERSONNEL ON WILDFIRE RESPONSE.
The Secretary of the Army and the Secretary of the Air
Force may, in consultation with the Chief of the National Guard
Bureau, provide support for training of appropriate personnel
of the National Guard on wildfire response and prevention, with
preference given to military installations with the highest
wildfire suppression need.
SEC. 352. MODIFICATION OF THE SECOND DIVISION MEMORIAL.
(a) Authorization.--The Second Indianhead Division
Association, Inc., Scholarship and Memorials Foundation, an
organization described in section 501(c)(3) of the Internal
Revenue Code of 1986 and exempt from taxation under section
501(a) of that Code, may place additional commemorative
elements or engravings on the raised platform or stone work of
the existing Second Division Memorial located in President's
Park, between 17th Street Northwest and Constitution Avenue in
the District of Columbia, to further honor the members of the
Second Infantry Division who have given their lives in service
to the United States.
(b) Application of Commemorative Works Act.--Chapter 89 of
title 40, United States Code (commonly known as the
``Commemorative Works Act''), shall apply to the design and
placement of the commemorative elements or engravings
authorized under subsection (a).
(c) Funding.--Federal funds may not be used for
modifications of the Second Division Memorial authorized under
subsection (a).
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revisions in permanent active duty end strength minimum
levels.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2018 limitation on number of non-dual status
technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on active
duty for operational support.
Sec. 416. Number of members of the National Guard on full-time duty in
support of the reserves within the National Guard Bureau.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty
personnel as of September 30, 2018, as follows:
(1) The Army, 483,500.
(2) The Navy, 327,900.
(3) The Marine Corps, 186,000.
(4) The Air Force, 325,100.
SEC. 402. REVISIONS IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM
LEVELS.
Section 691(b) of title 10, United States Code, is amended
by striking paragraphs (1) through (4) and inserting the
following new paragraphs:
``(1) For the Army, 483,500.
``(2) For the Navy, 327,900.
``(3) For the Marine Corps, 186,000.
``(4) For the Air Force, 325,100.''.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths
for Selected Reserve personnel of the reserve components as of
September 30, 2018, as follows:
(1) The Army National Guard of the United States,
343,500.
(2) The Army Reserve, 199,500.
(3) The Navy Reserve, 59,000.
(4) The Marine Corps Reserve, 38,500.
(5) The Air National Guard of the United States,
106,600.
(6) The Air Force Reserve, 69,800.
(7) The Coast Guard Reserve, 7,000.
(b) End Strength Reductions.--The end strengths prescribed
by subsection (a) for the Selected Reserve of any reserve
component shall be proportionately reduced by--
(1) the total authorized strength of units
organized to serve as units of the Selected Reserve of
such component which are on active duty (other than for
training) at the end of the fiscal year; and
(2) the total number of individual members not in
units organized to serve as units of the Selected
Reserve of such component who are on active duty (other
than for training or for unsatisfactory participation
in training) without their consent at the end of the
fiscal year.
(c) End Strength Increases.--Whenever units or individual
members of the Selected Reserve of any reserve component are
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.
(a) Army National Guard of the United States.--As of the
end of fiscal year 2019, and as of the end of each fiscal year
thereafter, the number of members of the Army National Guard of
the United States serving with the National Guard Bureau on
full-time duty for the purpose of organizing, administering,
recruiting, instructing, or training the reserve components may
not exceed the number equal to six percent of the total number
of members of the Army National Guard of the United States
authorized for service on full-time duty for that purpose in
that fiscal year.
(b) Air National Guard of the United States.--As of the end
of fiscal year 2019, and as of the end of each fiscal year
thereafter, the number of members of the Air National Guard of
the United States serving with the National Guard Bureau on
full-time duty for the purpose of organizing, administering,
recruiting, instructing, or training the reserve components may
not exceed the number equal to six percent of the total number
of members of the Air National Guard of the United States
authorized for service on full-time duty for that purpose in
that fiscal year.
Subtitle C--Authorization of Appropriations
SEC. 421. MILITARY PERSONNEL.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal year 2018 for the use
of the Armed Forces and other activities and agencies of the
Department of Defense for expenses, not otherwise provided for,
for military personnel, as specified in the funding table in
section 4401.
(b) Construction of Authorization.--The authorization of
appropriations in subsection (a) supersedes any other
authorization of appropriations (definite or indefinite) for
such purpose for fiscal year 2018.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Modification of deadline for submittal by officers of written
communications to promotion selection boards on matters of
importance to their selection.
Sec. 502. Clarification to exception for removal of officers from list
of officers recommended for promotion after 18 months without
appointment.
Sec. 503. Modification of requirement for specification of number of
officers who may be recommended for early retirement by a
Selective Early Retirement Board.
Sec. 504. Extension of service-in-grade waiver authority for voluntary
retirement of certain general and flag officers for purposes
of enhanced flexibility in officer personnel management.
Sec. 505. Inclusion of Principal Military Deputy to the Assistant
Secretary of the Army for Acquisition, Technology, and
Logistics among officers subject to repeal of statutory
specification of general officer grade.
Sec. 506. Clarification of effect of repeal of statutory specification
of general or flag officer grade for various positions in the
Armed Forces.
Sec. 507. Standardization of authorities in connection with repeal of
statutory specification of general officer grade for the Dean
of the Academic Board of the United States Military Academy
and the Dean of the Faculty of the United States Air Force
Academy.
Sec. 508. Flexibility in promotion of officers to positions of Staff
Judge Advocate to the Commandant of the Marine Corps and
Deputy Judge Advocate General of the Navy or Air Force.
Sec. 509. Grandfathering of retired grade of Assistant Judge Advocates
General of the Navy as of repeal of statutory specification of
general and flag officers grades in the Armed Forces.
Subtitle B--Reserve Component Management
Sec. 511. Equal treatment of orders to serve on active duty under
sections 12304a and 12304b of title 10, United States Code.
Sec. 512. Service credit for cyberspace experience or advanced education
upon original appointment as a commissioned officer.
Sec. 513. Consolidation of authorities to order members of the reserve
components of the Armed Forces to perform duty.
Sec. 514. Pilot program on use of retired senior enlisted members of the
Army National Guard as Army National Guard recruiters.
Subtitle C--General Service Authorities
Part I--Matters Relating to Discharge and Correction of Military Records
Sec. 520. Consideration of additional medical evidence by Boards for the
Correction of Military Records and liberal consideration of
evidence relating to post-traumatic stress disorder or
traumatic brain injury.
Sec. 521. Public availability of information related to disposition of
claims regarding discharge or release of members of the Armed
Forces when the claims involve sexual assault.
Sec. 522. Confidential review of characterization of terms of discharge
of members who are victims of sex-related offenses.
Sec. 523. Training requirements for members of boards for the correction
of military records and personnel who investigate claims of
retaliation.
Sec. 524. Pilot program on use of video teleconferencing technology by
boards for the correction of military records and discharge
review boards.
Part II--Other General Service Authorities
Sec. 526. Modification of basis for extension of period for enlistment
in the Armed Forces under the Delayed Entry Program.
Sec. 527. Reauthorization of authority to order retired members to
active duty in high-demand, low-density assignments.
Sec. 528. Notification of members of the Armed Forces undergoing certain
administrative separations of potential eligibility for
veterans benefits.
Sec. 529. Extension of authority of the Secretary of Veterans Affairs to
provide for the conduct of medical disability examinations by
contract physicians.
Sec. 530. Provision of information on naturalization through military
service.
Subtitle D--Military Justice and Other Legal Issues
Sec. 531. Clarifying amendments related to the Uniform Code of Military
Justice reform by the Military Justice Act of 2016.
Sec. 532. Enhancement of effective prosecution and defense in courts-
martial and related matters.
Sec. 533. Punitive article under the Uniform Code of Military Justice on
wrongful broadcast or distribution of intimate visual images
or visual images of sexually explicit conduct.
Sec. 534. Garnishment to satisfy judgment rendered for physically,
sexually, or emotionally abusing a child.
Sec. 535. Sexual assault prevention and response training for all
individuals enlisted in the Armed Forces under a delayed entry
program.
Sec. 536. Special Victims' Counsel training regarding the unique
challenges often faced by male victims of sexual assault.
Sec. 537. Inclusion of information in annual SAPRO reports regarding
military sexual harassment and incidents involving
nonconsensual distribution of private sexual images.
Sec. 538. Inclusion of information in annual SAPRO reports regarding
sexual assaults committed by a member of the Armed Forces
against the member's spouse or other family member.
Subtitle E--Member Education, Training, Resilience, and Transition
Sec. 541. Element in preseparation counseling for members of the Armed
Forces on assistance and support services for caregivers of
certain veterans through the Department of Veterans Affairs.
Sec. 542. Improved employment assistance for members of the Army, Navy,
Air Force, and Marine Corps and veterans.
Sec. 543. Limitation on release of military service academy graduates to
participate in professional athletics.
Sec. 544. Two-year extension of suicide prevention and resilience
program for the National Guard and Reserves.
Sec. 545. Annual certifications related to Ready, Relevant Learning
initiative of the Navy.
Sec. 546. Authority to expand eligibility for the United States Military
Apprenticeship Program.
Sec. 547. Limitation on availability of funds for attendance of Air
Force enlisted personnel at Air Force officer professional
military education in-residence courses.
Sec. 548. Lieutenant Henry Ossian Flipper Leadership Scholarships.
Sec. 549. Pilot programs on appointment in the excepted service in the
Department of Defense of physically disqualified former cadets
and midshipmen.
Subtitle F--Defense Dependents' Education and Military Family Readiness
Matters
Part I--Defense Dependents' Education Matters
Sec. 551. Assistance to schools with military dependent students.
Sec. 552. Transitions of military dependent students from Department of
Defense dependent schools to other schools and among schools
of local educational agencies.
Sec. 553. Report on educational opportunities in science, technology,
engineering, and mathematics for children who are dependents
of members of the Armed Forces.
Part II--Military Family Readiness Matters
Sec. 555. Codification of authority to conduct family support programs
for immediate family members of members of the Armed Forces
assigned to special operations forces.
Sec. 556. Reimbursement for State licensure and certification costs of a
spouse of a member of the Armed Forces arising from relocation
to another State.
Sec. 557. Temporary extension of extended period of protections for
members of uniformed services relating to mortgages, mortgage
foreclosure, and eviction.
Sec. 558. Enhancing military childcare programs and activities of the
Department of Defense.
Sec. 559. Direct hire authority for Department of Defense for childcare
services providers for Department child development centers.
Sec. 560. Pilot program on public-private partnerships for telework
facilities for military spouses on military installations
outside the United States.
Subtitle G--Decorations and Awards
Sec. 561. Authorization for award of the Medal of Honor to Garlin M.
Conner for acts of valor during World War II.
Sec. 562. Authorization for award of Distinguished-Service Cross to
Specialist Frank M. Crary for acts of valor in Vietnam.
Subtitle H--Miscellaneous Reporting Requirements
Sec. 571. Analysis and report on accompanied and unaccompanied tours of
duty in remote locations with high family support costs.
Sec. 572. Review and reports on policies for regular and reserve officer
career management.
Sec. 573. Review and report on effects of personnel requirements and
limitations on the availability of members of the National
Guard for the performance of funeral honors duty for veterans.
Sec. 574. Review and report on authorities for the employment, use, and
status of National Guard and Reserve technicians.
Sec. 575. Assessment and report on expanding and contracting for
childcare services of the Department of Defense.
Sec. 576. Review and report on compensation provided childcare services
providers of the Department of Defense.
Sec. 577. Comptroller General of the United States assessment and report
on the Office of Complex Investigations within the National
Guard Bureau.
Sec. 578. Modification of submittal date of Comptroller General of the
United States report on integrity of the Department of Defense
whistleblower program.
Subtitle I--Other Matters
Sec. 581. Expansion of United States Air Force Institute of Technology
enrollment authority to include civilian employees of the
homeland security industry.
Sec. 582. Conditional designation of Explosive Ordnance Disposal Corps
as a basic branch of the Army.
Sec. 583. Designation of office within Office of the Secretary of
Defense to oversee use of food assistance programs by members
of the Armed Forces on active duty.
Subtitle A--Officer Personnel Policy
SEC. 501. MODIFICATION OF DEADLINE FOR SUBMITTAL BY OFFICERS OF WRITTEN
COMMUNICATIONS TO PROMOTION SELECTION BOARDS ON
MATTERS OF IMPORTANCE TO THEIR SELECTION.
(a) Officers on Active-duty List.--Section 614(b) of title
10, United States Code, is amended by striking ``the day'' and
inserting ``10 calendar days''.
(b) Officers in Reserve Active-status.--Section 14106 of
title 10, United States Code, is amended in the second sentence
by striking ``the day'' and inserting ``10 calendar days''.
(c) Application of Amendments.--The amendments made by this
section shall apply with respect to promotion selection boards
convened on or after the date of the enactment of this Act.
SEC. 502. CLARIFICATION TO EXCEPTION FOR REMOVAL OF OFFICERS FROM LIST
OF OFFICERS RECOMMENDED FOR PROMOTION AFTER 18
MONTHS WITHOUT APPOINTMENT.
Section 629(c)(3) of title 10, United States Code, is
amended by striking ``the Senate is not able to obtain the
information necessary'' and inserting ``the military department
concerned is not able to obtain and provide to the Senate the
information the Senate requires''.
SEC. 503. MODIFICATION OF REQUIREMENT FOR SPECIFICATION OF NUMBER OF
OFFICERS WHO MAY BE RECOMMENDED FOR EARLY
RETIREMENT BY A SELECTIVE EARLY RETIREMENT BOARD.
Section 638a of title 10, United States Code, is amended--
(1) in subsection (c), by striking paragraph (1)
and inserting the following new paragraph:
``(1) In the case of an action under subsection (b)(2), the
total number of officers described in that subsection that a
selection board convened under section 611(b) of this title
pursuant to the authority of that subsection may recommend for
early retirement may not be more than 30 percent of the number
of officers considered in each grade in each competitive
category.''; and
(2) in subsection (d), by striking paragraph (2)
and inserting the following new paragraph:
``(2) The total number of officers to be recommended for
discharge by a selection board convened pursuant to subsection
(b)(3) may not be more than 30 percent of the number of
officers considered.''.
SEC. 504. EXTENSION OF SERVICE-IN-GRADE WAIVER AUTHORITY FOR VOLUNTARY
RETIREMENT OF CERTAIN GENERAL AND FLAG OFFICERS FOR
PURPOSES OF ENHANCED FLEXIBILITY IN OFFICER
PERSONNEL MANAGEMENT.
Section 1370(a)(2)(G) of title 10, United States Code, is
amended by striking ``2017'' and inserting ``2025''.
SEC. 505. INCLUSION OF PRINCIPAL MILITARY DEPUTY TO THE ASSISTANT
SECRETARY OF THE ARMY FOR ACQUISITION, TECHNOLOGY,
AND LOGISTICS AMONG OFFICERS SUBJECT TO REPEAL OF
STATUTORY SPECIFICATION OF GENERAL OFFICER GRADE.
Section 3016(b)(5)(B) of title 10, United States Code, is
amended by striking ``a lieutenant general'' and inserting ``an
officer''.
SEC. 506. CLARIFICATION OF EFFECT OF REPEAL OF STATUTORY SPECIFICATION
OF GENERAL OR FLAG OFFICER GRADE FOR VARIOUS
POSITIONS IN THE ARMED FORCES.
(a) Retention of Grade of Incumbents in Positions on
Effective Date.--
(1) In general.--Section 502 of the National
Defense Authorization Act for Fiscal Year 2017 (Public
Law 114-328; 130 Stat. 2102) is amended by adding at
the end the following new subsection:
``(tt) Retention of Grade of Incumbents in Positions on
Effective Date.--The grade of service of an officer serving as
of the date of the enactment of this Act in a position whose
statutory grade is affected by an amendment made by this
section may not be reduced after that date by reason of such
amendment as long as the officer remains in continuous service
in such position after that date.''.
(2) Retroactive effective date.--The amendment made
by paragraph (1) shall take effect as of December 23,
2016, and be treated as if included in the enactment of
the National Defense Authorization Act for Fiscal Year
2017 (Public Law 114-328).
(b) Clarifying Amendment to Chief of Veterinary Corps of
the Army Repeal.--Section 3084 of title 10, United States Code,
is amended by striking the last sentence.
SEC. 507. STANDARDIZATION OF AUTHORITIES IN CONNECTION WITH REPEAL OF
STATUTORY SPECIFICATION OF GENERAL OFFICER GRADE
FOR THE DEAN OF THE ACADEMIC BOARD OF THE UNITED
STATES MILITARY ACADEMY AND THE DEAN OF THE FACULTY
OF THE UNITED STATES AIR FORCE ACADEMY.
(a) Dean of Academic Board of Military Academy.--Section
4335(c) of title 10, United States Code, is amended--
(1) by striking the first and third sentences; and
(2) in the remaining sentence, by striking ``so
appointed'' and inserting ``appointed as Dean of the
Academic Board''.
(b) Dean of Faculty of Air Force Academy.--Section 9335(b)
of title 10, United States Code, is amended by striking ``so
appointed'' and inserting ``appointed as Dean of the Faculty''.
SEC. 508. FLEXIBILITY IN PROMOTION OF OFFICERS TO POSITIONS OF STAFF
JUDGE ADVOCATE TO THE COMMANDANT OF THE MARINE
CORPS AND DEPUTY JUDGE ADVOCATE GENERAL OF THE NAVY
OR AIR FORCE.
(a) Staff Judge Advocate to Commandant of the Marine
Corps.--Section 5046(b) of title 10, United States Code, is
amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding at the end the following new
paragraph:
``(2) If the Secretary of the Navy elects to convene a
selection board under section 611(a) of this title to consider
eligible officers for selection to appointment as Staff Judge
Advocate, the Secretary may, in connection with such
consideration for selection--
``(A) treat any section in chapter 36 of this title
referring to promotion to the next higher grade as if
such section referred to promotion to a higher grade;
and
``(B) waive section 619(a)(2) of this title if the
Secretary determines that the needs of the Marine Corps
require the waiver.''.
(b) Deputy Judge Advocate General of the Navy.--Section
5149(a) of title 10, United States Code, is amended by adding
at the end the following new paragraph:
``(3) If the Secretary of the Navy elects to convene a
selection board under section 611(a) of this title to consider
eligible officers for selection to appointment as Deputy Judge
Advocate General, the Secretary may, in connection with such
consideration for selection--
``(A) treat any section in chapter 36 of this title
referring to promotion to the next higher grade as if
such section referred to promotion to a higher grade;
and
``(B) waive section 619(a)(2) of this title if the
Secretary determines that the needs of the Navy require
the waiver.''.
(c) Deputy Judge Advocate of the Air Force.--Section
8037(e) of title 10, United States Code, is amended--
(1) by inserting ``(1)'' after ``(e)''; and
(2) by adding at the end the following new
paragraph:
``(2) If the Secretary of the Air Force elects to convene a
selection board under section 611(a) of this title to consider
eligible officers for selection to appointment as Deputy Judge
Advocate General, the Secretary may, in connection with such
consideration for selection--
``(A) treat any section in chapter 36 of this title
referring to promotion to the next higher grade as if
such section referred to promotion to a higher grade;
and
``(B) waive section 619(a)(2) of this title if the
Secretary determines that the needs of the Air Force
require the waiver.''.
SEC. 509. GRANDFATHERING OF RETIRED GRADE OF ASSISTANT JUDGE ADVOCATES
GENERAL OF THE NAVY AS OF REPEAL OF STATUTORY
SPECIFICATION OF GENERAL AND FLAG OFFICERS GRADES
IN THE ARMED FORCES.
(a) In General.--Notwithstanding the amendments made by
section 502(gg)(2) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2105), an
officer selected to hold a position specified in subsection (b)
as of December 23, 2016, may be retired after that date in the
grade of rear admiral (lower half) or brigadier general, as
applicable, with the retired pay of such grade (unless entitled
to higher pay under another provision of law).
(b) Specified Positions.--Subsection (a) applies with
respect to the Assistant Judge Advocates General of the Navy
provided for by subsections (b) and (c) of section 5149 of
title 10, United States Code.
Subtitle B--Reserve Component Management
SEC. 511. EQUAL TREATMENT OF ORDERS TO SERVE ON ACTIVE DUTY UNDER
SECTIONS 12304A AND 12304B OF TITLE 10, UNITED
STATES CODE.
(a) Eligibility of Reserve Component Members for Pre-
mobilization Health Care.--Section 1074(d)(2) of title 10,
United States Code, is amended by striking ``in support of a
contingency operation under'' and inserting ``under section
12304b of this title or''.
(b) Eligibility of Reserve Component Members for
Transitional Health Care.--Section 1145(a)(2)(B) of title 10,
United States Code, is amended by striking ``in support of a
contingency operation'' and inserting ``under section 12304b of
this title or a provision of law referred to in section
101(a)(13)(B) of this title''.
SEC. 512. SERVICE CREDIT FOR CYBERSPACE EXPERIENCE OR ADVANCED
EDUCATION UPON ORIGINAL APPOINTMENT AS A
COMMISSIONED OFFICER.
(a) Original Appointment as a Reserve Officer.--Section
12207 of title 10, United States Code, is amended--
(1) in subsection (a)(2), by inserting ``or (e)''
after ``subsection (b)'';
(2) by redesignating subsections (e) and (f) as
subsections (f) and (g), respectively;
(3) by inserting after subsection (d) the following
new subsection (e):
``(e)(1) Under regulations prescribed by the Secretary of
Defense, if the Secretary of a military department determines
that the number of commissioned officers with cyberspace-
related experience or advanced education in reserve active-
status in an armed force under the jurisdiction of such
Secretary is critically below the number needed, such Secretary
may credit any person receiving an original appointment as a
reserve commissioned officer with a period of constructive
service for the following:
``(A) Special experience or training in a
particular cyberspace-related field if such experience
or training is directly related to the operational
needs of the armed force concerned.
``(B) Any period of advanced education in a
cyberspace-related field beyond the baccalaureate
degree level if such advanced education is directly
related to the operational needs of the armed force
concerned.
``(2) Constructive service credited an officer under this
subsection shall not exceed one year for each year of special
experience, training, or advanced education, and not more than
three years total constructive service may be credited.
``(3) Constructive service credited an officer under this
subsection is in addition to any service credited that officer
under subsection (a) and shall be credited at the time of the
original appointment of the officer.
``(4) The authority to award constructive service credit
under this subsection expires on December 31, 2023.''; and
(4) in subsection (f), as redesignated by paragraph
(2), by striking ``or (d)'' and inserting ``, (d), or
(e)''.
(b) Extension of Authority in Connection With Original
Appointment of Regular Officers.--Section 533(g)(4) of title
10, United States Code, is amended by striking ``December 31,
2018'' and inserting ``December 31, 2023''.
SEC. 513. CONSOLIDATION OF AUTHORITIES TO ORDER MEMBERS OF THE RESERVE
COMPONENTS OF THE ARMED FORCES TO PERFORM DUTY.
Section 515 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 810) is
amended--
(1) in the second sentence of subsection (b), by
striking ``such legislation as would be necessary to
amend titles 10, 14, 32, and 37 of the United States
Code and other provisions of law in order to implement
the Secretary's approach by October 1, 2018'' and
inserting ``legislation implementing the alternate
approach by April 30, 2019''; and
(2) by adding at the end the following new
subsection:
``(c) Attributes of Alternate Approach.--The Secretary of
Defense shall ensure the alternate approach described in
subsection (b)--
``(1) reduces the number of statutory authorities
by which members of the reserve components of the Armed
Forces may be ordered to perform duty to not more than
8 statutory authorities grouped into 4 duty categories
to which specific pay and benefits may be aligned,
which categories shall include--
``(A) one duty category that shall
generally reflect active service performed in
support of contingency type operations or other
military actions in support of the commander of
a combatant command;
``(B) a second duty category that shall--
``(i) generally reflect active
service not described in subparagraph
(A); and
``(ii) consist of training,
administration, operational support,
and full-time support of the reserve
components;
``(C) a third duty category that shall--
``(i) generally reflect duty
performed under direct military
supervision while not in active
service; and
``(ii) include duty characterized
by partial-day service; and
``(D) a fourth duty category that shall--
``(i) generally reflect remote duty
completed while not under direct
military supervision; and
``(ii) include completion of
correspondence courses and telework;
``(2) distinguishes among duty performed under
titles 10, 14, and 32, United States Code, and ensures
that the reasons the members of the reserve components
are utilized under the statutory authorities which
exist prior to the alternate approach are preserved and
can be tracked as separate and distinct purposes;
``(3) minimizes, to the maximum extent practicable,
disruptions in pay and benefits for members, and
adheres to the principle that a member should receive
pay and benefits commensurate with the nature and
performance of the member's duties;
``(4) ensures the Secretary has the flexibility to
meet emerging requirements and to effectively manage
the force; and
``(5) aligns Department of Defense programming and
budgeting to the types of duty members perform.''.
SEC. 514. PILOT PROGRAM ON USE OF RETIRED SENIOR ENLISTED MEMBERS OF
THE ARMY NATIONAL GUARD AS ARMY NATIONAL GUARD
RECRUITERS.
(a) Pilot Program Authorized.--The Secretary of the Army
may carry out a pilot program for the Army National Guard under
which retired senior enlisted members of the Army National
Guard would serve as contract recruiters for the Army National
Guard.
(b) Objectives of Pilot Program.--The Secretary of the Army
shall design any pilot program conducted under this section to
determine the following:
(1) The feasibility and effectiveness of hiring
retired senior enlisted members of the Army National
Guard who have retired within the previous two years to
serve as recruiters.
(2) The merits of hiring such retired senior
enlisted members as contractors or as employees of the
Department of Defense.
(3) The best method of providing a competitive
compensation package for such retired senior enlisted
members.
(4) The merits of requiring such retired senior
enlisted members to wear a military uniform while
performing recruiting duties under the pilot program.
(c) Consultation.--In developing a pilot program under this
section, the Secretary of the Army shall consult with the
operators of a previous pilot program carried out by the Army
involving the use of contract recruiters.
(d) Commencement and Duration.--The Secretary of the Army
may commence a pilot program under this section on or after
January 1, 2018, and all activities under such a pilot program
shall terminate no later than December 31, 2020.
(e) Funding Source.--If a pilot program is conducted under
this section, the Secretary of the Army shall use funds
otherwise available for the National Guard Bureau to carry out
the program.
(f) Reporting Requirement.--If a pilot program is conducted
under this section, the Secretary of the Army shall submit to
the Committees on Armed Services of the House of
Representatives and the Senate a report containing an
evaluation of the success of the pilot program, including the
determinations described in subsection (b). The report shall be
submitted not later than January 1, 2019.
Subtitle C--General Service Authorities
PART I--MATTERS RELATING TO DISCHARGE AND CORRECTION OF MILITARY
RECORDS
SEC. 520. CONSIDERATION OF ADDITIONAL MEDICAL EVIDENCE BY BOARDS FOR
THE CORRECTION OF MILITARY RECORDS AND LIBERAL
CONSIDERATION OF EVIDENCE RELATING TO POST-
TRAUMATIC STRESS DISORDER OR TRAUMATIC BRAIN
INJURY.
(a) In General.--Section 1552 of title 10, United States
Code, is amended--
(1) by redesignating subsections (h) and (i) as
subsections (i) and (j), respectively; and
(2) by inserting after subsection (g) the following
new subsection (h):
``(h)(1) This subsection applies to a former member of the
armed forces whose claim under this section for review of a
discharge or dismissal is based in whole or in part on matters
relating to post-traumatic stress disorder or traumatic brain
injury as supporting rationale, or as justification for
priority consideration, and whose post-traumatic stress
disorder or traumatic brain injury is related to combat or
military sexual trauma, as determined by the Secretary
concerned.
``(2) In the case of a claimant described in paragraph (1),
a board established under subsection (a)(1) shall--
``(A) review medical evidence of the Secretary of
Veterans Affairs or a civilian health care provider
that is presented by the claimant; and
``(B) review the claim with liberal consideration
to the claimant that post-traumatic stress disorder or
traumatic brain injury potentially contributed to the
circumstances resulting in the discharge or dismissal
or to the original characterization of the claimant's
discharge or dismissal.''.
(b) Conforming Amendment.--Section 1553(d)(3)(A)(ii) of
title 10, United States Code, is amended by striking
``discharge of a lesser characterization'' and inserting
``discharge or dismissal or to the original characterization of
the member's discharge or dismissal''.
SEC. 521. PUBLIC AVAILABILITY OF INFORMATION RELATED TO DISPOSITION OF
CLAIMS REGARDING DISCHARGE OR RELEASE OF MEMBERS OF
THE ARMED FORCES WHEN THE CLAIMS INVOLVE SEXUAL
ASSAULT.
(a) Boards for the Correction of Military Records.--
Subsection (i) of section 1552 of title 10, United States Code,
as redesignated by section 520(a)(1), is amended by adding at
the end the following new paragraph:
``(4) The number and disposition of claims decided
during the calendar quarter preceding the calendar
quarter in which such information is made available in
which sexual assault is alleged to have contributed,
whether in whole or in part, to the original
characterization of the discharge or release of the
former member.''.
(b) Discharge Review Boards.--Section 1553(f) of title 10,
United States Code, is amended by adding at the end the
following new paragraph:
``(4) The number and disposition of claims decided
during the calendar quarter preceding the calendar
quarter in which such information is made available in
which sexual assault is alleged to have contributed,
whether in whole or in part, to the original
characterization of the discharge or release of the
former member.''.
(c) Conforming Amendments.--
(1) Boards for the correction of military
records.--Subsection (i) of section 1552 of title 10,
United States Code, as redesignated by section
520(a)(1) and amended by subsection (a), is further
amended--
(A) in paragraph (1), by striking
``claimant'' both places it appears and
inserting ``former member'';
(B) in paragraph (2), by striking
``claimant'' and inserting ``former member'';
and
(C) in paragraph (3), by striking
``claimants'' and inserting ``former members''.
(2) Discharge review boards.--Section 1553(f)(2) of
title 10, United States Code, is amended by striking
``claimant'' and inserting ``former member''.
SEC. 522. CONFIDENTIAL REVIEW OF CHARACTERIZATION OF TERMS OF DISCHARGE
OF MEMBERS WHO ARE VICTIMS OF SEX-RELATED OFFENSES.
(a) Codification of Current Confidential Process.--
(1) Codification.--Chapter 79 of title 10, United
States Code, is amended by inserting after section
1554a a new section 1554b consisting of--
(A) a heading as follows:
``Sec. 1554b. Confidential review of characterization of terms of
discharge of members of the armed forces who are
victims of sex-related offenses''; and
(B) a text consisting of the text of
section 547 of the National Defense
Authorization Act for Fiscal Year 2015 (Public
Law 113-291; 10 U.S.C. 1553 note).
(2) Clerical amendment.--The table of sections at
the beginning of chapter 79 of such title is amended by
inserting after the item relating to section 1554a the
following new item:
``1554b. Confidential review of characterization of terms of discharge
of members of the armed forces who are victims of sex-related
offenses.''.
(3) Conforming repeal.--Section 547 of the National
Defense Authorization Act for Fiscal Year 2015 (Public
Law 113-291; 10 U.S.C. 1553 note) is repealed.
(b) Clarification of Applicability to Individuals Who
Allege Sex-related Offenses During Military Service.--
Subsection (a) of section 1554b of title 10, United States
Code, as added by subsection (a) of this section, is amended by
striking ``sex-related offense'' and inserting the following:
``sex-related offense, or alleges that the individual was the
victim of a sex-related offense,''.
(c) Conforming Amendments.--Section 1554b of title 10,
United States Code, as added by subsection (a), is further
amended--
(1) by striking ``Armed Forces'' each place it
appears in subsections (a) and (b) and inserting
``armed forces'';
(2) in subsection (a)--
(A) by striking ``boards for the correction
of military records of the military department
concerned'' and inserting ``boards of the
military department concerned established in
accordance with this chapter''; and
(B) by striking ``such an offense'' and
inserting ``a sex-related offense'';
(3) in subsection (b), striking ``boards for the
correction of military records'' in the matter
preceding paragraph (1) and inserting ``boards of the
military department concerned established in accordance
with this chapter''; and
(4) in subsection (d)--
(B) in paragraph (1), by striking ``title
10, United States Code'' and inserting ``this
title''; and
(C) in paragraphs (2) and (3), by striking
``such title'' and inserting ``this title''.
SEC. 523. TRAINING REQUIREMENTS FOR MEMBERS OF BOARDS FOR THE
CORRECTION OF MILITARY RECORDS AND PERSONNEL WHO
INVESTIGATE CLAIMS OF RETALIATION.
(a) Members of Boards for the Correction of Military
Records.--Section 534(c)(1) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 10
U.S.C. 1552 note) is amended by adding at the end the following
new sentence: ``This curriculum shall also address the proper
handling of claims in which a sex-related offense is alleged to
have contributed to the original characterization of the
discharge or release of the claimant, including guidelines for
the consideration of evidence substantiating such allegations
in accordance with the requirements of section 1554b(b) of
title 10, United States Code, as added by section 522 of the
National Defense Authorization Act for Fiscal Year 2018.''.
(b) Department of Defense Personnel Who Investigate Claims
of Retaliation.--Section 546(a) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328) is
amended by striking ``section.'' and inserting ``section,
including guidelines for the consideration of evidence
substantiating such allegations in accordance with the
requirements of section 1554b(b) of title 10, United States
Code, as added by section 522 of the National Defense
Authorization Act for Fiscal Year 2018.''.
SEC. 524. PILOT PROGRAM ON USE OF VIDEO TELECONFERENCING TECHNOLOGY BY
BOARDS FOR THE CORRECTION OF MILITARY RECORDS AND
DISCHARGE REVIEW BOARDS.
(a) Pilot Program Authorized.--The Secretary of Defense may
carry out a pilot program under which boards for the correction
of military records established under section 1552 of title 10,
United States Code, and discharge review boards established
under section 1553 of such title are authorized to utilize, in
the performance of their duties, video teleconferencing
technology, to the extent such technology is reasonably
available and technically feasible.
(b) Purpose.--The purpose of the pilot program is to
evaluate the feasibility and cost-effectiveness of utilizing
video teleconferencing technology to allow persons who raise a
claim before a board for the correction of military records,
persons who request a review by a discharge review board, and
witnesses who present evidence to such a board to appear before
such a board without being physically present.
(c) Implementation.--As part of the pilot program, the
Secretary of Defense shall make funds available to develop the
capabilities of boards for the correction of military records
and discharge review boards to effectively use video
teleconferencing technology.
(d) No Expansion of Eligibility.--Nothing in the pilot
program is intended to alter the eligibility criteria of
persons who may raise a claim before a board for the correction
of military records, request a review by a discharge review
board, or present evidence to such a board.
(e) Termination.--The authority of the Secretary of Defense
to carry out the pilot program shall terminate on December 31,
2020.
PART II--OTHER GENERAL SERVICE AUTHORITIES
SEC. 526. MODIFICATION OF BASIS FOR EXTENSION OF PERIOD FOR ENLISTMENT
IN THE ARMED FORCES UNDER THE DELAYED ENTRY
PROGRAM.
Section 513(b) of title 10, United States Code, is
amended--
(1) by redesignating paragraph (2) as paragraph (4)
and, in such paragraph, by striking ``paragraph (1)''
and inserting ``this subsection'';
(2) by designating the second sentence of paragraph
(1) as paragraph (2) and indenting the left margin of
such paragraph (2) two ems to the right;
(3) in paragraph (2), as so designated, by
inserting ``described in paragraph (1)'' after ``the
365-day period''; and
(4) by inserting after paragraph (2), as so
designated, the following new paragraph (3):
``(3)(A) The Secretary concerned may extend by up to an
additional 365 days the period of extension under paragraph (2)
for a person who enlisted before October 1, 2017, under section
504(b)(2) of this title if the Secretary determines that the
period of extension under this paragraph is required for the
performance of adequate background and security reviews of that
person.
``(B) A person whose period of extension under paragraph
(2) is extended under this paragraph shall undergo all security
and suitability screening requirements and receive a favorable
military security suitability determination before entering
into service in a regular or reserve component. Screening
priority shall be given to those persons who were enlisted for
a military occupational specialty that requires specialized
language or medical skills that are vital to the national
interest.
``(C) The authority to make an extension under this
paragraph shall expire one year after the date of the enactment
of the National Defense Authorization Act for Fiscal Year 2018.
The expiration of such authority shall not effect the validity
of any extension made in accordance with this paragraph on or
before that date.''.
SEC. 527. REAUTHORIZATION OF AUTHORITY TO ORDER RETIRED MEMBERS TO
ACTIVE DUTY IN HIGH-DEMAND, LOW-DENSITY
ASSIGNMENTS.
Section 688a(f) of title 10, United States Code, is amended
by striking ``after December 31, 2011.'' and inserting
``outside a period as follows:
``(1) The period beginning on December 2, 2002, and
ending on December 31, 2011.
``(2) The period beginning on the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 2018 and ending on December 31, 2022.''.
SEC. 528. NOTIFICATION OF MEMBERS OF THE ARMED FORCES UNDERGOING
CERTAIN ADMINISTRATIVE SEPARATIONS OF POTENTIAL
ELIGIBILITY FOR VETERANS BENEFITS.
(a) Notification Required.--A member of the Armed Forces
who receives an administrative separation or mandatory
discharge under conditions other than honorable shall be
provided written notification that the member may petition the
Veterans Benefits Administration of the Department of Veterans
Affairs to receive, despite the characterization of the
member's service, certain benefits under the laws administered
by the Secretary of Veterans Affairs.
(b) Deadline for Notification.--Notification under
subsection (a) shall be provided to a member described in such
subsection in conjunction with the member's notification of the
administrative separation or mandatory discharge or as soon
thereafter as practicable.
SEC. 529. EXTENSION OF AUTHORITY OF THE SECRETARY OF VETERANS AFFAIRS
TO PROVIDE FOR THE CONDUCT OF MEDICAL DISABILITY
EXAMINATIONS BY CONTRACT PHYSICIANS.
Section 704(c) of the Veterans Benefits Act of 2003 (Public
Law 108-183; 38 U.S.C. 5101 note) is amended by striking
``December 31, 2017'' and inserting ``December 31, 2018''.
SEC. 530. PROVISION OF INFORMATION ON NATURALIZATION THROUGH MILITARY
SERVICE.
The Secretary of Defense shall ensure that members of the
Army, Navy, Air Force, and Marine Corps who are aliens lawfully
admitted to the United States for permanent residence are
informed of the availability of naturalization through service
in the Armed Forces under section 328 of the Immigration and
Nationality Act (8 U.S.C. 1439) and the process by which to
pursue naturalization. The Secretary shall ensure that
resources are available to assist qualified members of the
Armed Forces to navigate the application and naturalization
process.
Subtitle D--Military Justice and Other Legal Issues
SEC. 531. CLARIFYING AMENDMENTS RELATED TO THE UNIFORM CODE OF MILITARY
JUSTICE REFORM BY THE MILITARY JUSTICE ACT OF 2016.
(a) Enforcement of Rights of Victims of Offenses Under
UCMJ.--Section 806b(e)(3) of title 10, United States Code
(article 6b(e)(3) of the Uniform Code of Military Justice), is
amended--
(1) by inserting ``(A)'' after ``(3)'';
(2) by striking ``President, and, to the extent
practicable, shall have priority over all other
proceedings before the court.'' and inserting the
following; ``President, subject to section 830a of this
title (article 30a).''; and
(3) by adding at the end the following new
subparagraphs:
``(B) To the extent practicable, a petition for a writ of
mandamus described in this subsection shall have priority over
all other proceedings before the Court of Criminal Appeals.
``(C) Review of any decision of the Court of Criminal
Appeals on a petition for a writ of mandamus described in this
subsection shall have priority in the Court of Appeals for the
Armed Forces, as determined under the rules of the Court of
Appeals for the Armed Forces.''.
(b) Review of Certain Matters Before Referral of Charges
and Specifications.--Subsection (a)(1) of section 830a of title
10, United States Code (article 30a of the Uniform Code of
Military Justice), as added by section 5202 of the Military
Justice Act of 2016 (division E of Public Law 114-328; 130
Stat. 2904), is amended--
(1) in the matter preceding subparagraph (A), by
inserting ``, or otherwise act on,'' after ``to
review''; and
(2) by adding at the end the following new
subparagraph:
``(D) Pre-referral matters under subsection (c) or
(e) of section 806b of this title (article 6b).''.
(c) Defense Counsel Assistance in Post-trial Matters for
Accused Convicted by Court-martial.--Section 838(c)(2) of title
10, United States Code (article 38(c)(2) of the Uniform Code of
Military Justice), is amended by striking ``section 860 of this
title (article 60)'' and inserting ``section 860, 860a, or 860b
of this title (article 60, 60a, or 60b)''.
(d) Limitation on Acceptance of Plea Agreements.--Section
853a of title 10, United States Code (article 53a of the
Uniform Code of Military Justice), as added by section 5237 of
the Military Justice Act of 2016 (division E of Public Law 114-
328; 130 Stat. 2917), is amended--
(1) in subsection (b)--
(A) in paragraph (2), by striking ``or''
after the semicolon;
(B) in paragraph (3), by striking the
period and inserting a semicolon; and
(C) by adding at the end the following new
paragraphs:
``(4) is prohibited by law; or
``(5) is contrary to, or is inconsistent with, a
regulation prescribed by the President with respect to
terms, conditions, or other aspects of plea
agreements.''; and
(2) in subsection (d), by striking ``shall bind the
parties and the military judge'' and inserting ``shall
bind the parties and the court-martial''.
(e) Applicability of Standards and Procedures to Sentence
Appeal by the United States.--Subsection (d)(1) of section 856
of title 10, United States Code (article 56 of the Uniform Code
of Military Justice), as added by section 5301 of the Military
Justice Act of 2016 (division E of Public Law 114-328; 130
Stat. 2919), is amended--
(1) in the matter preceding subparagraph (A), by
inserting after ``concerned,'' the following: ``and
consistent with standards and procedures set forth in
regulations prescribed by the President,''; and
(2) in subparagraph (B), by inserting before the
period at the end the following: ``, as determined in
accordance with standards and procedures prescribed by
the President''.
(f) Sentence of Reduction in Enlisted Grade.--
(1) In general.--Subsection (a) of section 858a of
title 10, United States Code (article 58a of the
Uniform Code of Military Justice), as amended by
section 5303(1) of the Military Justice Act of 2016
(division E of Public Law 114-328; 130 Stat. 2923), is
further amended in the matter after paragraph (3) by
striking ``, effective on the date'' and inserting the
following: ``, if such a reduction is authorized by
regulation prescribed by the President. The reduction
in pay grade shall take effect on the date''.
(2) Section heading.--The heading of section 858a
of title 10, United States Code (article 58a of the
Uniform Code of Military Justice), is amended to read
as follows:
``Sec. 858a. Art. 58a. Sentences: reduction in enlisted grade''.
(3) Clerical amendment.--The table of sections at
the beginning of subchapter VIII of chapter 47 of title
10, United States Code (the Uniform Code of Military
Justice), is amended by striking the item relating to
section 858a (article 58a) and inserting the following
new item:
``858a. 58a. Sentences: reduction in enlisted grade.''.
(g) Convening Authority Authorities.--Section 858b(b) of
title 10, United States Code (article 58b(b) of the Uniform
Code of Military Justice), is amended in the first sentence by
striking ``section 860 of this title (article 60)'' and
inserting ``section 860a or 860b of this title (article 60a or
60b)''.
(h) Appeal by the United States.--Section 862(b) of title
10, United States Code (article 62(b) of the Uniform Code of
Military Justice), is amended by striking ``, notwithstanding
section 866(c) of this title (article 66(c))''.
(i) Rehearing and Sentencing.--Subsection (b) of section
863 of title 10, United States Code (article 63 of the Uniform
Code of Military Justice), as added by section 5327 of the
Military Justice Act of 2016 (division E of Public Law 114-328;
130 Stat. 2929), is amended by inserting before the period at
the end the following: ``, subject to such limitations as the
President may prescribe by regulation''.
(j) Courts of Criminal Appeals.--Section 866 of title 10,
United States Code (article 66 of the Uniform Code of Military
Justice), as amended by section 5330 of the Military Justice
Act of 2016 (division E of Public Law 114-328; 130 Stat. 2932),
is further amended--
(1) in subsection (e)(2)(C), by inserting after
``required'' the following: ``by regulation prescribed
by the President or''; and
(2) in subsection (f)(3)--
(A) by inserting ``of Criminal Appeals''
after ``Court'' the first time it appears; and
(B) by adding at the end the following new
sentence: ``If the Court of Appeals for the
Armed Forces determines that additional
proceedings are warranted, the Court of
Criminal Appeals shall order a hearing or other
proceeding in accordance with the direction of
the Court of Appeals for the Armed Forces.''.
(k) Military Justice Review Panel.--Subsection (f) of
section 946 of title 10, United States Code (article 146 of the
Uniform Code of Military Justice), as added by section 5521 of
the Military Justice Act of 2016 (division E of Public Law 114-
328; 130 Stat. 2962), is amended--
(1) in paragraph (1), by striking ``fiscal year
2020'' in the first sentence and inserting ``fiscal
year 2021'';
(2) in paragraph (2), by striking the sentence
beginning ``Not later than'' and inserting the
following new sentence: ``The analysis under this
paragraph shall be included in the assessment required
by paragraph (1).''; and
(3) by striking paragraph (5) and inserting the
following new paragraph (5):
``(5) Reports.--With respect to each review and
assessment under this subsection, the Panel shall
submit a report to the Committees on Armed Services of
the Senate and the House of Representatives. Each
report--
``(A) shall set forth the results of the
review and assessment concerned, including the
findings and recommendations of the Panel; and
``(B) shall be submitted not later than
December 31 of the calendar year in which the
review and assessment is concluded.''.
(l) Transitional Compensation for Dependents of Members
Separated for Dependent Abuse.--Section 1059(e) of title 10,
United States Code, is amended--
(1) in paragraph (1)(A)(ii), by striking ``the
approval of'' and all that follows through ``as
approved,'' and inserting ``entry of judgment under
section 860c of this title (article 60c of the Uniform
Code of Military Justice) if the sentence''; and
(2) in paragraph (3)(A), by striking ``by a court-
martial'' the second place it appears and all that
follows through ``include any such punishment,'' and
inserting ``for a dependent-abuse offense and the
conviction is disapproved or is otherwise not part of
the judgment under section 860c of this title (article
60c of the Uniform Code of Military Justice) or the
punishment is disapproved or is otherwise not part of
the judgment under such section (article),''.
(m) Benefits for Dependents Who Are Victims of Abuse by
Members Losing Right to Retired Pay.--Section 1408(h)(10)(A) of
title 10, United States Code, is amended by striking ``the
approval'' and all that follows through the end of the
subparagraph and inserting ``entry of judgment under section
860c of this title (article 60c of the Uniform Code of Military
Justice).''.
(n) Treatment of Certain Offenses Pending Execution of
Military Justice Act of 2016 Amendments.--
(1) Applicability to certain cases.--Section
5542(c)(1) of the Military Justice Act of 2016
(division E of Public Law 114-328; 130 Stat. 2967) is
amended by inserting after ``shall apply to a case in
which'' the following: ``a specification alleges the
commission, before the effective date of such
amendments, of one or more offenses or to a case in
which''.
(2) Child abuse offenses.--With respect to offenses
committed before the date designated by the President
under section 5542(a) of the Military Justice Act of
2016 (division E of Public Law 114-328; 130 Stat.
2967), subsection (b)(2)(B) of section 843 of title 10,
United States Code (article 43 of the Uniform Code of
Military Justice), shall be applied as in effect on
December 22, 2016.
(3) Fraudulent enlistment or appointment
offenses.--With respect to the period beginning on
December 23, 2016, and ending on the day before the
date designated by the President under section 5542(a)
of the Military Justice Act of 2016 (division E of
Public Law 114-328; 130 Stat. 2967), in the application
of subsection (h) of section 843 of title 10, United
States Code (article 43 of the Uniform Code of Military
Justice), as added by section 5225(b) of that Act (130
Stat. 2909), the reference in such subsection (h) to
section 904a(1) of title 10, United States Code
(article 104a(1) of the Uniform Code of Military
Justice), shall be deemed to be a reference to section
883(1) of title 10, United States Code (article 83(1)
of the Uniform Code of Military Justice).
(o) Sentencing in Certain Transitional Cases.--
(1) In general.--In any transition-period court-
martial, the relevant sentencing sections of chapter 47
of title 10, United States Code (the Uniform Code of
Military Justice), shall be applied as follows:
(A) Except as provided in subparagraph (B),
the relevant sentencing sections shall be
applied as if the amendments to such sections
made by the Military Justice Act of 2016
(division E of Public Law 114-328) and this
section had not been enacted.
(B) If the accused so requests, the
relevant sentencing sections shall be applied
as amended by the Military Justice Act of 2016
(division E of Public Law 114-328) and this
section.
(2) Definitions.--In this subsection:
(A) Transition-period court-martial.--The
term ``transition-period court-martial'' means
a court-martial under chapter 47 of title 10,
United States Code (the Uniform Code of
Military Justice), that consists of both of the
following:
(i) A prosecution of one or more
offenses committed before the date
designated by the President under
section 5542(a) of the Military Justice
Act of 2016 (division E of Public Law
114-328; 130 Stat. 2967).
(ii) A prosecution of one or more
offenses committed on or after that
date.
(B) Relevant sentencing sections.--The term
``relevant sentencing sections'' means section
856 of title 10, United States Code (article 56
of the Uniform Code of Military Justice), and
any other sections (articles) of chapter 47 of
title 10, United States Code (the Uniform Code
of Military Justice), that, by regulation
prescribed by the President, are designated as
relevant to sentencing for the purposes of
paragraph (1).
(p) Effective Date.--The amendments made by this section
shall take effect immediately after the amendments made by the
Military Justice Act of 2016 (division E of Public Law 114-328)
take effect as provided for in section 5542 of that Act (130
Stat. 2967).
SEC. 532. ENHANCEMENT OF EFFECTIVE PROSECUTION AND DEFENSE IN COURTS-
MARTIAL AND RELATED MATTERS.
(a) Additional Element in Program for Effective Prosecution
and Defense.--Section 542(a)(1) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 10
U.S.C. 827 note) is amended by inserting before the semicolon
the following: ``or there is adequate supervision and oversight
of trial counsel and defense counsel so detailed to ensure
effective prosecution and defense in the court-martial''.
(b) Use of Civilian Employees to Advise Less Experienced
Judge Advocates in Prosecution and Defense.--Section 542 of the
National Defense Authorization Act for Fiscal Year 2017 (Public
Law 114-328; 10 U.S.C. 827 note) is further amended--
(1) by redesignating subsections (c) and (d) as
subsections (d) and (e), respectively; and
(2) by inserting after subsection (b) the following
new subsection (c):
``(c) Use of Civilian Employees to Advise Less Experienced
Judge Advocates in Prosecution and Defense.--The Secretary
concerned may use highly qualified experts and other civilian
employees who are under the jurisdiction of the Secretary
concerned, are available, and are experienced in the
prosecution or defense of complex criminal cases to provide
assistance to, and consult with, less experienced judge
advocates throughout the court-martial process.''.
(c) Pilot Programs on Professional Developmental Process
for Judge Advocates.--Subsection (d) of section 542 of the
National Defense Authorization Act for Fiscal Year 2017 (Public
Law 114-328; 10 U.S.C. 827 note), as redesignated by subsection
(b)(1) of this section, is amended--
(1) in paragraph (1), by striking ``establishing''
and all that follows and inserting ``a military justice
career track for judge advocates under the jurisdiction
of the Secretary.'';
(2) by redesignating paragraph (4) as paragraph
(5); and
(3) by inserting after paragraph (3) the following
new paragraph (4):
``(4) Elements.--Each pilot program shall include
the following:
``(A) A military justice career track for
judge advocates that leads to judge advocates
with military justice expertise in the grade of
colonel, or in the grade of captain in the case
of judge advocates of the Navy.
``(B) The use of skill identifiers to
identify judge advocates for participation in
the pilot program from among judge advocates
having appropriate skill and experience in
military justice matters.
``(C) Guidance for promotion boards
considering the selection for promotion of
officers participating in the pilot program in
order to ensure that judge advocates who are
participating in the pilot program have the
same opportunity for promotion as all other
judge advocate officers being considered for
promotion by such boards.
``(D) Such other matters as the Secretary
concerned considers appropriate.''.
SEC. 533. PUNITIVE ARTICLE UNDER THE UNIFORM CODE OF MILITARY JUSTICE
ON WRONGFUL BROADCAST OR DISTRIBUTION OF INTIMATE
VISUAL IMAGES OR VISUAL IMAGES OF SEXUALLY EXPLICIT
CONDUCT.
(a) Prohibition.--Subchapter X of chapter 47 of title 10,
United States Code, is amended by inserting after section 917
(article 117 of the Uniform Code of Military Justice) the
following new section (article):
``Sec. 917a. Art. 117a. Wrongful broadcast or distribution of intimate
visual images
``(a) Prohibition.--Any person subject to this chapter--
``(1) who knowingly and wrongfully broadcasts or
distributes an intimate visual image of another person
or a visual image of sexually explicit conduct
involving a person who--
``(A) is at least 18 years of age at the
time the intimate visual image or visual image
of sexually explicit conduct was created;
``(B) is identifiable from the intimate
visual image or visual image of sexually
explicit conduct itself, or from information
displayed in connection with the intimate
visual image or visual image of sexually
explicit conduct; and
``(C) does not explicitly consent to the
broadcast or distribution of the intimate
visual image or visual image of sexually
explicit conduct;
``(2) who knows or reasonably should have known
that the intimate visual image or visual image of
sexually explicit conduct was made under circumstances
in which the person depicted in the intimate visual
image or visual image of sexually explicit conduct
retained a reasonable expectation of privacy regarding
any broadcast or distribution of the intimate visual
image or visual image of sexually explicit conduct;
``(3) who knows or reasonably should have known
that the broadcast or distribution of the intimate
visual image or visual image of sexually explicit
conduct is likely--
``(A) to cause harm, harassment,
intimidation, emotional distress, or financial
loss for the person depicted in the intimate
visual image or visual image of sexually
explicit conduct; or
``(B) to harm substantially the depicted
person with respect to that person's health,
safety, business, calling, career, financial
condition, reputation, or personal
relationships; and
``(4) whose conduct, under the circumstances, had a
reasonably direct and palpable connection to a military
mission or military environment,
is guilty of wrongful distribution of intimate visual images or
visual images of sexually explicit conduct and shall be
punished as a court-martial may direct.
``(b) Definitions.--In this section:
``(1) Broadcast.--The term `broadcast' means to
electronically transmit a visual image with the intent
that it be viewed by a person or persons.
``(2) Distribute.--The term `distribute' means to
deliver to the actual or constructive possession of
another person, including transmission by mail or
electronic means.
``(3) Intimate visual image.--The term `intimate
visual image' means a visual image that depicts a
private area of a person.
``(4) Private area.--The term `private area' means
the naked or underwear-clad genitalia, anus, buttocks,
or female areola or nipple.
``(5) Reasonable expectation of privacy.--The term
`reasonable expectation of privacy' means circumstances
in which a reasonable person would believe that a
private area of the person, or sexually explicit
conduct involving the person, would not be visible to
the public.
``(6) Sexually explicit conduct.--The term
`sexually explicit conduct' means actual or simulated
genital-genital contact, oral-genital contact, anal-
genital contact, or oral-anal contact, whether between
persons of the same or opposite sex, bestiality,
masturbation, or sadistic or masochistic abuse.
``(7) Visual image.--The term `visual image' means
the following:
``(A) Any developed or undeveloped
photograph, picture, film, or video.
``(B) Any digital or computer image,
picture, film, or video made by any means,
including those transmitted by any means,
including streaming media, even if not stored
in a permanent format.
``(C) Any digital or electronic data
capable of conversion into a visual image.''.
(b) Clerical Amendment.--The table of sections at the
beginning of subchapter X of chapter 47 of title 10, United
States Code (the Uniform Code of Military Justice), is amended
by inserting after the item relating to section 917 (article
117) the following new item:
``917a. 117a. Wrongful broadcast or distribution of intimate visual
images.''.
SEC. 534. GARNISHMENT TO SATISFY JUDGMENT RENDERED FOR PHYSICALLY,
SEXUALLY, OR EMOTIONALLY ABUSING A CHILD.
(a) Garnishment Authority.--Section 1408 of title 10,
United States Code, is amended by adding at the end the
following new subsection:
``(l) Garnishment To Satisfy a Judgment Rendered for
Physically, Sexually, or Emotionally Abusing a Child.--(1)
Subject to paragraph (2), any payment of retired pay that would
otherwise be made to a member shall be paid (in whole or in
part) by the Secretary concerned to another person if and to
the extent expressly provided for in the terms of a child abuse
garnishment order.
``(2) A court order providing for the payment of child
support or alimony or, with respect to a division of property,
specifically providing for the payment of an amount of the
disposable retired pay from a member to the spouse or a former
spouse of the member, shall be given priority over a child
abuse garnishment order. The total amount of the disposable
retired pay of a member payable under a child abuse garnishment
order shall not exceed 25 percent of the member's disposable
retired pay.
``(3) In this subsection, the term `court order' includes a
child abuse garnishment order.
``(4) In this subsection, the term `child abuse garnishment
order' means a final decree issued by a court that--
``(A) is issued in accordance with the laws of the
jurisdiction of that court; and
``(B) provides in the nature of garnishment for the
enforcement of a judgment rendered against the member
for physically, sexually, or emotionally abusing a
child.
``(5) For purposes of this subsection, a judgment rendered
for physically, sexually, or emotionally abusing a child is any
legal claim perfected through a final enforceable judgment,
which claim is based in whole or in part upon the physical,
sexual, or emotional abuse of an individual under 18 years of
age, whether or not that abuse is accompanied by other
actionable wrongdoing, such as sexual exploitation or gross
negligence.
``(6) If the Secretary concerned is served with more than
one court order with respect to the retired pay of a member,
the disposable retired pay of the member shall be available to
satisfy such court orders on a first-come, first-served basis,
subject to the order of precedence specified in paragraph (2),
with any such process being satisfied out of such monies as
remain after the satisfaction of all such processes which have
been previously served.
``(7) The Secretary concerned shall not be required to vary
normal pay and disbursement cycles for retired pay in order to
comply with a child abuse garnishment order.''.
(b) Application of Amendment.--Subsection (l) of section
1408 of title 10, United States Code, as added by subsection
(a), shall apply with respect to a court order received by the
Secretary concerned on or after the date of the enactment of
this Act, regardless of the date of the court order.
SEC. 535. SEXUAL ASSAULT PREVENTION AND RESPONSE TRAINING FOR ALL
INDIVIDUALS ENLISTED IN THE ARMED FORCES UNDER A
DELAYED ENTRY PROGRAM.
(a) Training Required.--Commencing not later than 180 days
after the date of the enactment of this Act, each Secretary
concerned shall, insofar as practicable, provide training on
sexual assault prevention and response to each individual under
the jurisdiction of such Secretary who is enlisted in the Armed
Forces under a delayed entry program such that each such
individual completes such training before the date of
commencement of basic training or initial active duty for
training in the Armed Forces.
(b) Training Elements.--The training provided pursuant to
subsection (a)--
(1) shall, to the extent practicable, be uniform
across the Armed Forces;
(2) should be provided through in-person
instruction, whenever possible;
(3) should include instruction on the proper use of
social media; and
(4) shall meet such other requirements as the
Secretary of Defense may establish.
(c) Definitions.--In this section:
(1) The term ``delayed entry program'' means the
following:
(A) The Future Soldiers Program of the
Army.
(B) The Delayed Entry Program of the Navy
and the Marine Corps.
(C) The program of the Air Force for the
delayed entry of enlistees into the Air Force.
(D) The program of the Coast Guard for the
delayed entry of enlistees into the Coast
Guard.
(E) Any successor program to a program
referred to in subparagraphs (A) through (D).
(2) The term ``Secretary concerned'' has the
meaning given that term in section 101(a)(9) of title
10, United States Code.
SEC. 536. SPECIAL VICTIMS' COUNSEL TRAINING REGARDING THE UNIQUE
CHALLENGES OFTEN FACED BY MALE VICTIMS OF SEXUAL
ASSAULT.
The baseline Special Victims' Counsel training established
under section 1044e(d)(2) of title 10, United States Code,
shall include training for Special Victims' Counsel to
recognize and deal with the unique challenges often faced by
male victims of sexual assault.
SEC. 537. INCLUSION OF INFORMATION IN ANNUAL SAPRO REPORTS REGARDING
MILITARY SEXUAL HARASSMENT AND INCIDENTS INVOLVING
NONCONSENSUAL DISTRIBUTION OF PRIVATE SEXUAL
IMAGES.
(a) Additional Reporting Requirements.--Section 1631(b) of
the Ike Skelton National Defense Authorization Act for Fiscal
Year 2011 (Public Law 111-383; 10 U.S.C. 1561 note) is amended
by adding at the end the following new paragraphs:
``(13) Information and data collected through
formal and informal reports of sexual harassment
involving members of the Armed Forces during the year
covered by the report, as follows:
``(A) The number of substantiated and
unsubstantiated reports.
``(B) A synopsis of each substantiated
report.
``(C) The action taken in the case of each
substantiated report, including the type of
disciplinary or administrative sanction
imposed, if any, such as--
``(i) conviction and sentence by
court-martial;
``(ii) imposition of non-judicial
punishment under section 815 of title
10, United States Code (article 15 of
the Uniform Code of Military Justice);
or
``(iii) administrative separation
or other type of administrative action
imposed.
``(14) Information and data collected during the
year covered by the report on each reported incident
involving the nonconsensual distribution by a person
subject to chapter 47 of title 10, United States Code
(the Uniform Code of Military Justice), of a private
sexual image of another person, including the
following:
``(A) The number of substantiated and
unsubstantiated reports.
``(B) A synopsis of each substantiated
report.
``(C) The action taken in the case of each
substantiated report, including the type of
disciplinary or administrative sanction
imposed, if any, such as--
``(i) conviction and sentence by
court-martial;
``(ii) imposition of non-judicial
punishment under section 815 of title
10, United States Code (article 15 of
the Uniform Code of Military Justice);
or
``(iii) administrative separation
or other type of administrative action
imposed.''.
(b) Application of Amendment.--The amendment made by this
section shall take effect on the date of the enactment of this
Act and apply beginning with the reports required to be
submitted by March 1, 2020, under section 1631 of the Ike
Skelton National Defense Authorization Act for Fiscal Year 2011
(Public Law 111-383; 10 U.S.C. 1561 note).
SEC. 538. INCLUSION OF INFORMATION IN ANNUAL SAPRO REPORTS REGARDING
SEXUAL ASSAULTS COMMITTED BY A MEMBER OF THE ARMED
FORCES AGAINST THE MEMBER'S SPOUSE OR OTHER FAMILY
MEMBER.
Beginning with the reports required to be submitted by
March 1, 2019, under section 1631 of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011 (Public Law 111-
383; 10 U.S.C. 1561 note), information regarding a sexual
assault committed by a member of the Armed Forces against the
spouse or intimate partner of the member or another dependent
of the member shall be included in such reports in addition to
the annual Family Advocacy Program report. The information may
be included as an annex to such reports.
Subtitle E--Member Education, Training, Resilience, and Transition
SEC. 541. ELEMENT IN PRESEPARATION COUNSELING FOR MEMBERS OF THE ARMED
FORCES ON ASSISTANCE AND SUPPORT SERVICES FOR
CAREGIVERS OF CERTAIN VETERANS THROUGH THE
DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Section 1142(b) of title 10, United States
Code, is amended by adding at the end the following new
paragraph:
``(18) A description, developed in consultation
with the Secretary of Veterans Affairs, of the
assistance and support services for family caregivers
of eligible veterans under the program conducted by the
Secretary of Veterans Affairs pursuant to section 1720G
of title 38, including the veterans covered by the
program, the caregivers eligible for assistance and
support through the program, and the assistance and
support available through the program.''.
(b) 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 may likely affect such
individual as a caregiver.
(2) Caregivers.--For purposes of this subsection,
individuals who provide caregiver services refers to
individuals (including a spouse, partner, parent,
sibling, adult child, other relative, or friend) who
provide physical or emotional assistance to former
members of the Armed Forces during and after their
transition from military life to civilian life
following separation from the Armed Forces.
(3) Deadline for commencement.--Each Secretary of a
miliary department shall commence the actions required
pursuant to this subsection by not later than 180 days
after the date of the enactment of this Act.
SEC. 542. IMPROVED EMPLOYMENT ASSISTANCE FOR MEMBERS OF THE ARMY, NAVY,
AIR FORCE, AND MARINE CORPS AND VETERANS.
(a) Improved Employment Skills Verification.--Section
1143(a) of title 10, United States Code, is amended--
(1) by inserting ``(1)'' before ``The Secretary of
Defense''; and
(2) by adding at the end the following new
paragraph:
``(2) In order to improve the accuracy and completeness of
a certification or verification of job skills and experience
required by paragraph (1), the Secretary of Defense shall--
``(A) establish a database to record all training
performed by members of the Army, Navy, Air Force, and
Marine Corps that may have application to employment in
the civilian sector; and
``(B) make unclassified information regarding such
information available to States and other potential
employers referred to in subsection (c) so that State
and other entities may allow military training to
satisfy licensing or certification requirements to
engage in a civilian profession.''.
(b) Improved Accuracy of Certificates of Training and
Skills.--Section 1143(a) of title 10, United States Code, is
further amended by inserting after paragraph (2), as added by
subsection (a), the following new paragraph:
``(3) The Secretary of Defense shall ensure that a
certification or verification of job skills and experience
required by paragraph (1) is rendered in such a way that States
and other potential employers can confirm the accuracy and
authenticity of the certification or verification.''.
(c) Improved Responsiveness to Certification Requests.--
Section 1143(c) of title 10, United States Code, is amended--
(1) by inserting ``(1)'' before ``For the
purpose''; and
(2) by adding at the end the following new
paragraph:
``(2)(A) A State may--
``(i) use a certification or verification of job
skills and experience provided to a member of the armed
forces under subsection (a); and
``(ii) in the case of members of the Army, Navy,
Air Force, and Marine Corps, request the Department of
Defense to confirm the accuracy and authenticity of the
certification or verification.
``(B) A response confirming or denying the information
shall be provided within five business days.''.
(d) Improved Notice to Members.--Section 1142(b)(4)(A) of
title 10, United States Code, is amended by inserting before
the semicolon the following: ``, including State-submitted and
approved lists of military training and skills that satisfy
occupational certifications and licenses''.
SEC. 543. LIMITATION ON RELEASE OF MILITARY SERVICE ACADEMY GRADUATES
TO PARTICIPATE IN PROFESSIONAL ATHLETICS.
(a) United States Military Academy.--Section 4348(a) of
title 10, United States Code, is amended by adding at the end
the following new paragraph:
``(5) That the cadet--
``(A) will not seek release from the
cadet's commissioned service obligation to
obtain employment as a professional athlete
following graduation until the cadet completes
a period of at least two consecutive years of
commissioned service; and
``(B) understands that the appointment
alternative described in paragraph (3) will not
be used to allow the cadet to obtain such
employment until at least the end of that two-
year period.''.
(b) United States Naval Academy.--Section 6959(a) of title
10, United States Code, is amended by adding at the end the
following new paragraph:
``(5) That the midshipman--
``(A) will not seek release from the
midshipman's commissioned service obligation to
obtain employment as a professional athlete
following graduation until the midshipman
completes a period of at least two consecutive
years of commissioned service; and
``(B) understands that the appointment
alternative described in paragraph (3) will not
be used to allow the midshipman to obtain such
employment until at least the end of that two-
year period.''.
(c) United States Air Force Academy.--Section 9348(a) of
title 10, United States Code, is amended by adding at the end
the following new paragraph:
``(5) That the cadet--
``(A) will not seek release from the
cadet's commissioned service obligation to
obtain employment as a professional athlete
following graduation until the cadet completes
a period of at least two consecutive years of
commissioned service; and
``(B) understands that the appointment
alternative described in paragraph (2) will not
be used to allow the cadet to obtain such
employment until at least the end of that two-
year period.''.
(d) Application of Amendments.--The Secretaries of the
military departments shall promptly revise the cadet and
midshipman service agreements under sections 4348, 6959, and
9348 of title 10, United States Code, to reflect the amendments
made by this section. The revised agreement shall apply to
cadets and midshipmen who are attending the United States
Military Academy, the United States Naval Academy, or the
United States Air Force Academy on the date of the enactment of
this Act and to persons who begin attendance at such military
service academies on or after that date.
SEC. 544. TWO-YEAR EXTENSION OF SUICIDE PREVENTION AND RESILIENCE
PROGRAM FOR THE NATIONAL GUARD AND RESERVES.
Section 10219(g) of title 10, United States Code, is
amended by striking ``October 1, 2018'' and inserting ``October
1, 2020''.
SEC. 545. ANNUAL CERTIFICATIONS RELATED TO READY, RELEVANT LEARNING
INITIATIVE OF THE NAVY.
(a) Annual Certifications Required.--Not later than March
1, 2018, and each year thereafter, the Secretary of the Navy
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a certification on the status
of implementation of the Ready, Relevant Learning initiative of
the Navy for each applicable enlisted rating.
(b) Elements.--Each certification under subsection (a)
shall include the following:
(1) A certification by the Commander of the United
States Fleet Forces Command that the block learning and
modernized delivery methods of the Ready, Relevant
Learning initiative to be implemented during the fiscal
year beginning in which such certification is submitted
will meet or exceed the existing training delivery
approach for all associated training requirements.
(2) A certification by the Secretary of the Navy
that the content re-engineering necessary to meet all
training objectives and transition from the traditional
training curriculum to the modernized delivery format
to be implemented during such fiscal year will be
complete prior to such transition, including full
functionality of all required course software and
hardware.
(3) A detailed cost estimate of transitioning to
the block learning and modernized delivery approaches
to be implemented during such fiscal year with funding
listed by purpose, amount, appropriations account,
budget program element or line item, and end strength
adjustments.
(4) A detailed phasing plan associated with
transitioning to the block learning and modernized
delivery approaches to be implemented during such
fiscal year, including the current status, timing, and
identification of reductions in ``A'' school and ``C''
school courses, curricula, funding, and personnel.
(5) A certification by the Secretary of the Navy
that--
(A) the contracting strategy associated
with transitioning to the modernized delivery
approach to be implemented during such fiscal
year has been completed; and
(B) contracting actions contain sufficient
specification detail to enable a low risk
approach to receiving the deliverable end item
or items on-budget, on-schedule, and with
satisfactory performance.
SEC. 546. AUTHORITY TO EXPAND ELIGIBILITY FOR THE UNITED STATES
MILITARY APPRENTICESHIP PROGRAM.
(a) Expansion Authorized.--The Secretary of Defense may
expand eligibility for the United Services Military
Apprenticeship Program to include any member of the uniformed
services.
(b) Definition.--In this section, the term ``uniformed
services'' has the meaning given such term in section 101(a)(5)
of title 10, United States Code.
SEC. 547. LIMITATION ON AVAILABILITY OF FUNDS FOR ATTENDANCE OF AIR
FORCE ENLISTED PERSONNEL AT AIR FORCE OFFICER
PROFESSIONAL MILITARY EDUCATION IN-RESIDENCE
COURSES.
(a) Limitation.--None of the funds authorized to be
appropriated or otherwise made available for the Department of
the Air Force may be obligated or expended for the purpose of
the attendance of Air Force enlisted personnel at Air Force
officer professional military education (PME) in-residence
courses until the later of--
(1) the date on which the Secretary of the Air
Force submits to the Committees on Armed Services of
the Senate and the House of Representatives, and to the
Comptroller General of the United States, a report on
the attendance of such personnel at such courses as
described in subsection (b);
(2) the date on which the Comptroller General
submits to such committees the report setting forth an
assessment of the report under paragraph (1) as
described in subsection (c); or
(3) 180 days after the date of the enactment of
this Act.
(b) Secretary of the Air Force Report.--The report of the
Secretary described in subsection (a)(1) shall include the
following:
(1) The purpose of the attendance of Air Force
enlisted personnel at Air Force officer professional
military education in-residence courses.
(2) The objectives for the attendance of such
enlisted personnel at such officer professional
military education courses.
(3) The required prerequisites for such enlisted
personnel to attend such officer professional military
education courses.
(4) The process for selecting such enlisted
personnel to attend such officer professional military
education courses.
(5) The impact of the attendance of such enlisted
personnel at such officer professional military
education courses on the availability of officer
allocations for the attendance of officers at such
courses.
(6) The impact of the attendance of such enlisted
personnel at such officer professional military
education courses on the morale and retention of
officers attending such courses.
(7) The resources required for such enlisted
personnel to attend such officer professional military
education courses.
(8) The impact on unit and overall Air Force
manning levels of the attendance of such enlisted
personnel at such officer professional military
education courses, especially at the statutorily-
limited end strengths of grades E-8 and E-9.
(9) The extent to which graduation by such enlisted
personnel from such officer professional military
education courses is a requirement for Air Force or
joint assignments.
(10) The planned assignment utilization for Air
Force enlisted graduates of such officer professional
military education courses.
(11) Any other matters in connection with the
attendance of such enlisted personnel at such officer
professional military education courses that the
Secretary considers appropriate.
(c) Comptroller General of the United States Report.--
(1) In general.--Not later than 90 days after the
date the Secretary submits the report described in
subsection (a)(1), the Comptroller General shall submit
to the Committees on Armed Services of the Senate and
the House of Representatives a briefing on an
assessment of the report by the Comptroller General. As
soon as practicable after the briefing, the Comptroller
General shall submit to such committees a report on
such assessment for purposes of subsection (a)(2).
(2) Elements.--The report under paragraph (1) shall
include the following:
(A) An assessment of whether the
conclusions and assertions included in the
report of the Secretary under subsection (a)
are comprehensive, fully supported, and
sufficiently detailed.
(B) An identification of any shortcomings,
limitations, or other reportable matters that
affect the quality of the findings or
conclusions of the report of the Secretary.
SEC. 548. LIEUTENANT HENRY OSSIAN FLIPPER LEADERSHIP SCHOLARSHIPS.
(a) In General.--The Secretary of the Army shall designate
a number of scholarships under the Army Senior Reserve
Officers' Training Corps (SROTC) program that are available to
students at minority-serving institutions as ``Lieutenant Henry
Ossian Flipper Leadership Scholarships''.
(b) Number Designated.--The number of scholarships
designated pursuant to subsection (a) shall be the number the
Secretary determines appropriate to increase the number of
Senior Reserve Officers' Training Corps scholarships at
minority-serving institutions. In making the determination, the
Secretary shall give appropriate consideration to the
following:
(1) The number of Senior Reserve Officers' Training
Corps scholarships available at all institutions
participating in the Senior Reserve Officer's Training
Corps program.
(2) The number of such minority-serving
institutions that offer the Senior Reserve Officers'
Training Corps program to their students.
(c) Amount of Scholarship.--The Secretary may increase any
scholarship designated pursuant to subsection (a) to an amount
in excess of the amount of the Senior Reserve Officers'
Training Corps program scholarship that would otherwise be
offered at the minority-serving institution concerned if the
Secretary considers that a scholarship of such increased amount
is appropriate for the purpose of the scholarship.
(d) Minority-serving Institution Defined.--In this section,
the term ``minority-serving institution'' means an institution
of higher education described in section 371(a) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(a)).
SEC. 549. PILOT PROGRAMS ON APPOINTMENT IN THE EXCEPTED SERVICE IN THE
DEPARTMENT OF DEFENSE OF PHYSICALLY DISQUALIFIED
FORMER CADETS AND MIDSHIPMEN.
(a) Pilot Programs Authorized.--
(1) In general.--Each Secretary of a military
department may carry out a pilot program under which
former cadets or midshipmen described in paragraph (2)
(in this section referred to as ``eligible
individuals'') under the jurisdiction of such Secretary
may be appointed by the Secretary of Defense in the
excepted service under section 3320 of title 5, United
States Code, in the Department of Defense.
(2) Cadets and midshipmen.--Except as provided in
paragraph (3), a former cadet or midshipman described
in this paragraph is any former cadet at the United
States Military Academy or the United States Air Force
Academy, and any former midshipman at the United States
Naval Academy, who--
(A) completed the prescribed course of
instruction and graduated from the applicable
service academy; and
(B) is determined to be medically
disqualified to complete a period of active
duty in the Armed Forces prescribed in an
agreement signed by such cadet or midshipman in
accordance with section 4348, 6959, or 9348 of
title 10, United States Code.
(3) Exception.--A former cadet or midshipman whose
medical disqualification as described in paragraph
(2)(B) is the result of the gross negligence or
misconduct of the former cadet or midshipman is not an
eligible individual for purposes of appointment under a
pilot program.
(b) Purpose.--The purpose of the pilot programs conducted
under this section is to evaluate the feasibility and
advisability of permitting eligible individuals who cannot
accept a commission or complete a period of active duty in the
Armed Forces prescribed by the Secretary of the military
department concerned to fulfill an obligation for active duty
service in the Armed Forces through service as a civilian
employee of the Department of Defense.
(c) Positions.--
(1) In general.--The positions to which an eligible
individual may be appointed under a pilot program
conducted under this section are existing positions
within the Department of Defense in grades up to GS-9
under the General Schedule under section 5332 of title
5, United States Code (or equivalent). The authority in
subsection (a) does not authorize the creation of
additional positions, or create any vacancies to which
eligible individuals may be appointed under a pilot
program.
(2) Term positions.--Any appointment under a pilot
program shall be to a position having a term of five
years or less.
(d) Scope of Authority.--
(1) Recruitment and retention of eligible
individuals.--The authority in subsection (a) may be
used only to the extent necessary to recruit and retain
on a non-competitive basis cadets and midshipmen who
are relieved of an obligation for active duty in the
Armed Forces due to becoming medically disqualified
from serving on active duty in the Armed Forces, and
may not be used to appoint any other individuals in the
excepted service.
(2) Voluntary acceptance of appointments.--A pilot
program conducted under this section may not be used as
an implicit or explicit basis for compelling an
eligible individual to accept an appointment in the
excepted service in accordance with this section.
(e) Relationship to Repayment Provisions.--Completion of a
term appointment pursuant to a pilot program conducted under
this section shall relieve the eligible individual concerned of
any repayment obligation under section 303a(e) or 373 of title
37, United States Code, with respect to the agreement of the
individual described in subsection (a)(2)(B).
(f) Termination.--
(1) In general.--The authority to appoint eligible
individuals in the excepted service under a pilot
program conducted under this section shall expire on
the date that is four years after the date of the
enactment of this Act.
(2) Effect on existing appointments.--The
termination by paragraph (1) of the authority in
subsection (a) shall not affect any appointment made
under that authority before the termination date
specified in paragraph (1) in accordance with the terms
of such appointment.
(g) Reporting Requirement.--
(1) Report required.--Not later than the date that
is three years after the date of the enactment of this
Act, each Secretary of a military department shall
submit to the appropriate congressional committees a
report containing an evaluation of the effectiveness of
the pilot program conducted by such Secretary under
this section, including the number of eligible
individuals appointed as civilian employees of the
Department of Defense under the program and the
retention rate for such employees.
(2) Appropriate congressional committees defined.--
In this section, the term ``appropriate congressional
committees'' means the Committee on Armed Services and
the Committee on Homeland Security and Government
Affairs of the Senate and the Committee on Armed
Services and the Committee on Oversight and Government
Reform of the House of Representatives.
Subtitle F--Defense Dependents' Education and Military Family Readiness
Matters
PART I--DEFENSE DEPENDENTS' EDUCATION MATTERS
SEC. 551. ASSISTANCE TO SCHOOLS WITH MILITARY DEPENDENT STUDENTS.
(a) Impact Aid for Children With Severe Disabilities.--
(1) In general.--Of the amount authorized to be
appropriated for fiscal year 2018 pursuant to section
301 and available for operation and maintenance for
Defense-wide activities as specified in the funding
table in section 4301, $10,000,000 shall be available
for payments under section 363 of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001
(20 U.S.C. 7703a).
(2) Use of certain amount.--Of the amount available
under subsection (a) for payments as described in that
subsection, $5,000,000 shall be available for such
payments to local educational agencies determined by
the Secretary of Defense, in the discretion of the
Secretary, to have higher concentrations of military
children with severe disabilities.
(b) Assistance to Schools With Significant Numbers of
Military Dependent Students.--Of the amount authorized to be
appropriated for fiscal year 2018 by section 301 and available
for operation and maintenance for Defense-wide activities as
specified in the funding table in section 4301, $40,000,000
shall be available only for the purpose of providing assistance
to local educational agencies under subsection (a) of section
572 of the National Defense Authorization Act for Fiscal Year
2006 (Public Law 109-163; 20 U.S.C. 7703b).
(c) Local Educational Agency Defined.--In this section, the
term ``local educational agency'' has the meaning given that
term in section 7013(9) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7713(9)).
SEC. 552. TRANSITIONS OF MILITARY DEPENDENT STUDENTS FROM DEPARTMENT OF
DEFENSE DEPENDENT SCHOOLS TO OTHER SCHOOLS AND
AMONG SCHOOLS OF LOCAL EDUCATIONAL AGENCIES.
(a) Permanent Support Authority.--Section 574(c) of the
John Warner National Defense Authorization Act for Fiscal Year
2007 (Public Law 109-364; 20 U.S.C. 7703b note) is amended by
striking paragraph (3).
(b) Conforming Amendment.--Section 572(b) of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-
328; 20 U.S.C. 7703b note) is amended by striking ``that
includes a request for the extension of section 574(c) of the
John Warner National Defense Authorization Act for Fiscal Year
2007 shall include'' and inserting ``shall include, with
respect to section 574(c) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 20
U.S.C. 7703b note),''.
SEC. 553. REPORT ON EDUCATIONAL OPPORTUNITIES IN SCIENCE, TECHNOLOGY,
ENGINEERING, AND MATHEMATICS FOR CHILDREN WHO ARE
DEPENDENTS OF MEMBERS OF THE ARMED FORCES.
Not later than two years after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
congressional defense committees a report containing a
description and assessment of--
(1) current Department of Defense programs intended
to improve educational opportunities and achievement in
science, technology, engineering, and mathematics for
children who are dependents of members of the Armed
Forces; and
(2) Department of Defense efforts to increase
opportunities and achievement in science, technology,
engineering, and mathematics for children who are
dependents of members of the Armed Forces.
PART II--MILITARY FAMILY READINESS MATTERS
SEC. 555. CODIFICATION OF AUTHORITY TO CONDUCT FAMILY SUPPORT PROGRAMS
FOR IMMEDIATE FAMILY MEMBERS OF MEMBERS OF THE
ARMED FORCES ASSIGNED TO SPECIAL OPERATIONS FORCES.
(a) Codification of Existing Authority.--Chapter 88 of
title 10, United States Code, is amended by inserting after
section 1788 a new section 1788a consisting of--
(1) a heading as follows:
``Sec. 1788a. Family support programs: immediate family members of
members of special operations forces''; and
(2) a text consisting of subsections (a), (b), (d),
and (e) of section 554 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-
66; 10 U.S.C. 1788 note).
(b) Reporting Requirement.--Section 1788a of title 10,
United States Code, as added by subsection (a) of this section,
is further amended--
(1) by redesignating subsection (d), as so added,
as subsection (c); and
(2) by inserting after such subsection the
following new subsection (d):
``(d) Annual Report.--
``(1) Report required.--Not later than March 1,
2019, and each March 1 thereafter, the Commander, in
coordination with the Under Secretary of Defense for
Personnel and Readiness, shall submit to the
congressional defense committees a report describing
the progress made in achieving the goals of the family
support programs conducted under this section.
``(2) Elements of reports.--Each report under this
subsection shall include the following:
``(A) A detailed description of the
programs conducted under this section to
address family support requirements for family
members of members of the armed forces assigned
to special operations forces.
``(B) An assessment of the impact of the
programs on military readiness and on family
members of members of the armed forces assigned
to special operations forces.
``(C) A description of the special
operations-peculiar aspects of the programs and
a comparison and differentiation of these
programs with other programs conducted by the
Secretaries of the military departments to
provide family support services to immediate
family members of members of the armed forces.
``(D) Recommendations for incorporating
lessons learned into other family support
programs.
``(E) Any other matters the Commander
considers appropriate regarding the
programs.''.
(c) Funding.--Subsection (c) of section 1788a of title 10,
United States Code, as added by subsection (a) of this section
and redesignated by subsection (b)(1) of this section, is
amended by striking ``specified'' and all that follows through
the end of the subsection and inserting ``, from funds
available for Major Force Program 11, to carry out family
support programs under this section.''.
(d) Elimination of Pilot Program References and Other
Conforming Amendments.--Section 1788a of title 10, United
States Code, as added by subsection (a) of this section, is
further amended--
(1) by striking ``Armed Forces'' each place it
appears and inserting ``armed forces'';
(2) by striking ``pilot'' each place it appears;
(3) in subsection (a)--
(A) in the subsection heading, by striking
``Pilot''; and
(B) by striking ``up to three'' and all
that follows through ``providing'' and
inserting ``programs to provide''; and
(4) in subsection (e)--
(A) in paragraph (2), by striking ``title
10, United States Code'' and inserting ``this
title''; and
(B) in paragraph (3), by striking ``such
title'' and inserting ``this title''.
(e) Clerical Amendment.--The table of sections at the
beginning of subchapter I of chapter 88 of title 10, United
States Code, is amended by inserting after the item relating to
section 1788 the following new item:
``1788a. Family support programs: immediate family members of members of
special operations forces.''.
(f) Conforming Repeal.--Section 554 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-66; 10
U.S.C. 1788 note) is repealed.
SEC. 556. REIMBURSEMENT FOR STATE LICENSURE AND CERTIFICATION COSTS OF
A SPOUSE OF A MEMBER OF THE ARMED FORCES ARISING
FROM RELOCATION TO ANOTHER STATE.
(a) Reimbursement Authorized.--Section 476 of title 37,
United States Code, is amended by adding at the end the
following new subsection:
``(p)(1) From amounts otherwise made available for a fiscal
year to provide travel and transportation allowances under this
chapter, the Secretary concerned may reimburse a member of the
armed forces for qualified relicensing costs of the spouse of
the member when--
``(A) the member is reassigned, either as a
permanent change of station or permanent change of
assignment, from a duty station in one State to a duty
station in another State; and
``(B) the movement of the member's dependents is
authorized at the expense of the United States under
this section as part of the reassignment.
``(2) Reimbursement provided to a member under this
subsection may not exceed $500 in connection with each
reassignment described in paragraph (1).
``(3) Not later than December 31, 2021, the Secretary of
Defense, in consultation with the Secretary of Homeland
Security with respect to the Coast Guard, shall submit to the
congressional defense committees, the Committee on Homeland
Security and Government Affairs of the Senate, and the
Committee on Oversight and Government Reform of the House of
Representatives a report--
``(A) describing the extent to which the
reimbursement authority provided by this subsection has
been used; and
``(B) containing a recommendation by the
Secretaries regarding whether the authority should be
extended beyond the date specified in paragraph (4).
``(4) No reimbursement may be provided under this
subsection for qualified relicensing costs paid or incurred
after December 31, 2022.
``(5) In this subsection, the term `qualified relicensing
costs' means costs, including exam and registration fees,
that--
``(A) are imposed by the State of the new duty
station to secure a license or certification to engage
in the same profession that the spouse of the member
engaged in while in the State of the original duty
station; and
``(B) are paid or incurred by the member or spouse
to secure the license or certification from the State
of the new duty station after the date on which the
orders directing the reassignment described in
paragraph (1) are issued.''.
(b) Development of Recommendations to Expedite License
Portability for Military Spouses.--
(1) Consultation with states.--The Secretary of
Defense, and the Secretary of Homeland Security with
respect to the Coast Guard, shall consult with States--
(A) to identify barriers to the portability
between States of a license, certification, or
other grant of permission held by the spouse of
a member of the Armed Forces to engage in an
occupation when the spouse moves between States
as part of a permanent change of station or
permanent change of assignment of the member;
and
(B) to develop recommendations for the
Federal Government and the States, together or
separately, to expedite the portability of such
licenses, certifications, and other grants of
permission for military spouses.
(2) Specific considerations.--In conducting the
consultation and preparing the recommendations under
paragraph (1), the Secretaries shall consider the
feasibility of--
(A) States accepting licenses,
certifications, and other grants of permission
described in paragraph (1) issued by another
State and in good standing in that State;
(B) the issuance of a temporary license
pending completion of State-specific
requirements; and
(C) the establishment of an expedited
review process for military spouses.
(3) Report required.--Not later than March 15,
2018, the Secretaries shall submit to the appropriate
congressional committees and the States a report
containing the recommendations developed under this
subsection.
(4) Appropriate congressional committees defined.--
In this subsection, the term ``appropriate
congressional committees'' means the congressional
defense committees, the Committee on Homeland Security
and Government Affairs of the Senate, and the Committee
on Oversight and Government Reform of the House of
Representatives.
SEC. 557. TEMPORARY EXTENSION OF EXTENDED PERIOD OF PROTECTIONS FOR
MEMBERS OF UNIFORMED SERVICES RELATING TO
MORTGAGES, MORTGAGE FORECLOSURE, AND EVICTION.
Section 710(d) of the Honoring America's Veterans and
Caring for Camp Lejeune Families Act of 2012 (Public Law 112-
154; 50 U.S.C. 3953 note) is amended--
(1) in paragraph (1), by striking ``December 31,
2017'' and inserting ``December 31, 2019''; and
(2) in paragraph (3), by striking ``January 1,
2018'' and inserting ``January 1, 2020''.
SEC. 558. ENHANCING MILITARY CHILDCARE PROGRAMS AND ACTIVITIES OF THE
DEPARTMENT OF DEFENSE.
(a) Hours of Operation of Military Childcare Development
Centers.--Each Secretary of a military department shall ensure,
to the extent practicable, that the hours of operation of each
childcare development center under the jurisdiction of the
Secretary are established and maintained in manner that takes
into account the demands and circumstances of members of the
Armed Forces, including members of the reserve components, who
use such center in facilitation of the performance of their
military duties.
(b) Matters to Be Taken Into Account.--The demands and
circumstances to be taken into account under subsection (a) for
purposes of setting and maintaining the hours of operation of a
childcare development center shall include the following:
(1) Mission requirements of units whose members use
the childcare development center.
(2) The unpredictability of work schedules, and
fluctuations in day-to-day work hours, of such members.
(3) The potential for frequent and prolonged
absences of such members for training, operations, and
deployments.
(4) The location of the childcare development
center on the military installation concerned,
including the location in connection with duty
locations of members and applicable military family
housing.
(5) Such other matters as the Secretary of the
military department concerned considers appropriate for
purposes of this section.
(c) Childcare Coordinators for Military Installations.--
Each Secretary of a military department may provide for a
childcare coordinator at each military installation under the
jurisdiction of the Secretary at which are stationed
significant numbers of members of the Armed Forces with
accompanying dependent children, as determined by the
Secretary. The childcare coordinator may work with the
commander of the installation to ensure that childcare is
available and responsive to the needs of members assigned to
the installation.
SEC. 559. DIRECT HIRE AUTHORITY FOR DEPARTMENT OF DEFENSE FOR CHILDCARE
SERVICES PROVIDERS FOR DEPARTMENT CHILD DEVELOPMENT
CENTERS.
(a) In General.--The Secretary of Defense may appoint,
without regard to any provision of subchapter I of chapter 33
of title 5, United States Code, qualified childcare services
providers in the competitive service if the Secretary
determines that--
(1) there is a critical hiring need for childcare
services providers for Department of Defense child
development centers; and
(2) there is a shortage of childcare services
providers.
(b) Regulations.--The Secretary shall carry out this
section in accordance with regulations prescribed by the
Secretary for purposes of this section.
(c) Deadline for Implementation.--The Secretary shall
prescribe the regulations required by subsection (b), and
commence implementation of subsection (a), by not later than
May 1, 2018.
(d) Briefing.--Not later than 90 days after the end of each
of fiscal years 2019 and 2021, the Secretary of Defense shall
provide a briefing to the Committee on Armed Services of the
House of Representatives, the Committee on Armed Services of
the Senate, the Committee on Oversight and Government Reform of
the House of Representatives, and the Committee on Homeland
Security and Governmental Affairs of the Senate on the use of
the appointment authority provided by subsection (a).
(e) Childcare Services Provider Defined.--In this section,
the term ``childcare services provider'' means a person who
provides childcare services for dependent children of members
of the Armed Forces and civilian employees of the Department of
Defense in child development centers on Department
installations.
(f) Expiration of Authority.--The appointment authority
provided by subsection (a) expires on September 30, 2021.
SEC. 560. PILOT PROGRAM ON PUBLIC-PRIVATE PARTNERSHIPS FOR TELEWORK
FACILITIES FOR MILITARY SPOUSES ON MILITARY
INSTALLATIONS OUTSIDE THE UNITED STATES.
(a) In General.--Commencing not later than one year after
the date of the enactment of this Act, the Secretary of Defense
shall carry out a pilot program to assess the feasability and
advisability of providing telework facilities for military
spouses on military installations outside the United States.
The Secretary shall consult with the host nation or nations
concerned in carrying out the pilot program.
(b) Number of Installations.--The Secretary shall carry out
the pilot program at not less than two military installations
outside the United States selected by the Secretary for
purposes of the pilot program.
(c) Duration.--The duration of the pilot program shall be a
period selected by the Secretary, but not more than three
years.
(d) Elements.--The pilot program shall include the
following elements:
(1) The pilot program shall be conducted as one or
more public-private partnerships between the Department
of Defense and a private corporation or partnership of
private corporations.
(2) The corporation or corporations participating
in the pilot program shall contribute to the carrying
out of the pilot program an amount equal to the amount
committed by the Secretary to the pilot program at the
time of its commencement.
(3) The Secretary shall enter into one or more
memoranda of understanding with the corporation or
corporations participating in the pilot program for
purposes of the pilot program, including the amounts to
be contributed by such corporation or corporations
pursuant to paragraph (2).
(4) The telework undertaken by military spouses
under the pilot program may only be for United States
companies.
(5) The pilot program shall permit military spouses
to provide administrative, informational technology,
professional, and other necessary support to companies
through telework from Department installations outside
the United States.
(e) Funding.--Of the amount authorized to be appropriated
for fiscal year 2018 by section 421 and available for military
personnel as specified in the funding table in section 4401, up
to $1,000,000 may be available to carry out the pilot program,
including entry into memoranda of understanding pursuant to
subsection (d)(3) and payment by the Secretary of the amount
committed by the Secretary to the pilot program pursuant to
subsection (d)(2).
Subtitle G--Decorations and Awards
SEC. 561. AUTHORIZATION FOR AWARD OF THE MEDAL OF HONOR TO GARLIN M.
CONNER FOR ACTS OF VALOR DURING WORLD WAR II.
(a) Waiver of Time Limitations.--Notwithstanding the time
limitations specified in section 3744 of title 10, United
States Code, or any other time limitation with respect to the
awarding of certain medals to persons who served in the Armed
Forces, the President may award the Medal of Honor under
section 3741 of such title to Garlin M. Conner for the acts of
valor during World War II described in subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to
in subsection (a) are the actions of Garlin M. Conner during
combat on January 24, 1945, as a member of the United States
Army in the grade of First Lieutenant in France while serving
with Company K, 3d Battalion, 7th Infantry Regiment, 3d
Infantry Division, for which he was previously awarded the
Distinguished-Service Cross.
SEC. 562. AUTHORIZATION FOR AWARD OF DISTINGUISHED-SERVICE CROSS TO
SPECIALIST FRANK M. CRARY FOR ACTS OF VALOR IN
VIETNAM.
(a) Authorization.--Notwithstanding the time limitations
specified in section 3744 of title 10, United States Code, or
any other time limitation with respect to the awarding of
certain medals to persons who served in the Armed Forces, the
President may award the Distinguished-Service Cross under
section 3742 of such title to Specialist Frank M. Crary for the
acts of valor in Vietnam described in subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to
in subsection (a) are the actions of Frank M. Crary on April 7,
1966, as a member of the Army serving in the grade of
Specialist in Vietnam while serving with Company D, 1st
Battalion (Airborne), 12th Cavalry Regiment, 1st Cavalry
Division.
Subtitle H--Miscellaneous Reporting Requirements
SEC. 571. ANALYSIS AND REPORT ON ACCOMPANIED AND UNACCOMPANIED TOURS OF
DUTY IN REMOTE LOCATIONS WITH HIGH FAMILY SUPPORT
COSTS.
(a) Analysis Required.--The Secretary of Defense shall
conduct a comparative analysis of accompanied tours of duty and
unaccompanied tours of duty of members of the Armed Forces in
remote locations with high family support costs (including
facility construction and operation costs), including--
(1) the Azores;
(2) United States Naval Station, Guantanamo Bay,
Cuba;
(3) Okinawa, Japan;
(4) the Republic of Korea;
(5) Kwajalein Atoll;
(6) Al Udeid Air Base, Qatar; and
(7) such other locations as the Secretary considers
appropriate for purposes of the analysis.
(b) Reporting Requirement.--Not later than one year after
the date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report
containing the results of the analysis conducted under
subsection (a).
SEC. 572. REVIEW AND REPORTS ON POLICIES FOR REGULAR AND RESERVE
OFFICER CAREER MANAGEMENT.
(a) Review Required.--The Secretary of Defense, in
consultation with the Secretaries of the military departments,
shall conduct a review of the policies of the Department of
Defense for the career management of regular and reserve
officers of the Armed Forces pursuant to the Defense Officer
Personnel Management Act (commonly referred to as ``DOPMA'')
and the Reserve Officer Personnel Management Act (commonly
referred to as ``ROPMA'').
(b) Elements of Review.--The review required by subsection
(a) shall include the following:
(1) A statistical analysis, based on exit surveys
and other data available to the military departments,
on the impact that current personnel policies under the
Defense Officer Personnel Management Act have on
recruiting and retention of qualified regular and
reserve officers of the Armed Forces. Specifically, the
statistical analysis shall include an estimate of the
number of officers who leave the Armed Forces each year
because of dissatisfaction with the current personnel
policies, including career progression, promotion
policies, and a perceived lack of opportunity for
schooling and broadening assignments.
(2) An analysis of the extent to which current
personnel policies inhibit the professional development
of officers.
(3) An analysis of the impact that increased
flexibility in promotion, assignments, and career
length would have on officer competency in their
military occupational specialties.
(4) An analysis of the efficacy of officer talent
management systems currently used by the military
departments.
(5) An analysis of the benefits and limitations of
the current promotion timelines and the ``up-or-out''
system required by policy and law.
(6) An analysis of the reasons and frequency with
which officers in the grade of O-3 or above are passed
over for promotion to the next higher grade,
particularly those officers who have pursued advanced
degrees, broadening assignments, and non-traditional
career patterns.
(7) The utility and feasibility of creating new
competitive categories or an independent career and
promotion path for officers in low-density military
occupational specialties.
(8) An analysis of how best to encourage and
facilitate the recruitment and retention of officers
with technical expertise.
(9) The utility and feasibility of encouraging
officers to pursue careers of lengths that vary from
the traditional 20-year military career and the
mechanisms that could be employed to encourage officers
to pursue these varying career lengths.
(10) An analysis of what actions have been or could
be taken within current statutory authority to address
officer management challenges.
(11) An analysis of what actions can be taken by
the Armed Forces to change the institutional culture
regarding commonly held perceptions on appropriate
promotion timelines, career progression, and
traditional career patterns.
(12) An analysis of how the Armed Forces can avoid
an officer corps disproportionately weighted toward
officers serving in the grades of major, lieutenant
colonel, and colonel and Navy grades of lieutenant
commander, commander, and captain, if statutory officer
grade caps are relaxed.
(13) The utility and feasibility of allowing
officers to repeatedly and seamlessly transition
between active duty and reserve active-status
throughout the course of their military careers.
(14) An analysis of the current officer force-
shaping authorities and any changes needed to these
authorities to improve recruiting, retention, and
readiness.
(15) An analysis of any other matters the Secretary
of Defense considers appropriate to improve the
effective recruitment and retention of officers.
(c) Reporting Requirements.--
(1) Initial report.--Not later than March 1, 2018,
the Secretary of Defense shall submit to the Committees
on Armed Services of the Senate and the House of
Representatives a report evaluating the impact on
officer retention of granting promotion boards the
authority to recommend officers of particular merit be
placed at the top of the promotion list.
(2) Complete report.--Not later than July 31, 2018,
the Secretary of Defense shall submit to the Committees
on Armed Services of the Senate and the House of
Representatives a report setting forth the results of
the review conducted under subsection (a).
(3) Scope of report.--If any recommendation of the
Secretary of Defense in a report required by this
subsection requires legislative or administrative
action for implementation, the report shall include a
proposal for legislative action, or a description of
administrative action, as applicable, to implement such
recommendation.
SEC. 573. REVIEW AND REPORT ON EFFECTS OF PERSONNEL REQUIREMENTS AND
LIMITATIONS ON THE AVAILABILITY OF MEMBERS OF THE
NATIONAL GUARD FOR THE PERFORMANCE OF FUNERAL
HONORS DUTY FOR VETERANS.
(a) Review Required.--The Secretary of Defense shall
undertake a review of the effects of the personnel requirements
and limitations described in subsection (b) with respect to the
members of the National Guard in order to determine whether or
not such requirements unduly limit the ability of the Armed
Forces to meet the demand for personnel to perform funeral
honors in connection with funerals of veterans.
(b) Personnel Requirements and Limitations.--The personnel
requirements and limitations described in this subsection are
the following:
(1) Requirements, such as the ceiling on the
authorized number of members of the National Guard on
active duty pursuant to section 115(b)(2)(B) of title
10, United States Code, or end-strength limitations,
that may operate to limit the number of members of the
National Guard available for the performance of funeral
honors duty.
(2) Any other requirements or limitations
applicable to the reserve components of the Armed
Forces in general, or the National Guard in particular,
that may operate to limit the number of members of the
National Guard available for the performance of funeral
honors duty.
(c) Report.--Not later than six months after the date of
the enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the review undertaken pursuant to
subsection (a). The report shall include the following:
(1) A description of the review.
(2) Such recommendations as the Secretary considers
appropriate in light of the review for legislative or
administrative action to expand the number of members
of the National Guard available for the performance of
funeral honors functions at funerals of veterans.
SEC. 574. REVIEW AND REPORT ON AUTHORITIES FOR THE EMPLOYMENT, USE, AND
STATUS OF NATIONAL GUARD AND RESERVE TECHNICIANS.
(a) Review Required.--The Secretary of Defense shall
conduct a review of the following:
(1) Authority for the employment, use, and status
of National Guard technicians under section 709 of
title 32, United States Code (commonly referred to as
the National Guard Technicians Act of 1968).
(2) Authorities for the employment, use, and status
of National Guard and Reserve technicians under
sections 10216 through 10218 of title 10, United States
Code.
(3) Any other authorities on the employment, use,
and status of National Guard and Reserve technicians
under law.
(b) Purposes.--The purposes of the review under subsection
(a) shall be as follows:
(1) To define the mission and requirements of
National Guard and Reserve technicians.
(2) To identify means to improve the management and
administration of the National Guard and Reserve
technician workforce.
(3) To identify means to enhance the capability of
the Department of Defense to recruit and retain
National Guard and Reserve technicians.
(4) To assess the current career progression tracks
of National Guard and Reserve technicians.
(c) Consultation.--In conducting the review under
subsection (a), the Secretary of Defense shall consult with the
Chief of the National Guard Bureau, the Chief of Army Reserve,
the Chief of Air Force Reserve, and representatives of National
Guard and Reserve technicians, including collective bargaining
representatives of such technicians.
(d) Inclusion of Recent Authorities in Review.--The
Secretary of Defense shall ensure that the review conducted
under subsection (a) takes into account authorities, and
modifications of authorities, for the employment, use, and
status of National Guard and Reserve technicians contained in
the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92) and the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328).
(e) Required Review Elements.--In meeting the purposes of
the review conducted under subsection (a), as set forth in
subsection (b), the Secretary of Defense shall address, in
particular, the following:
(1) The extent to which National Guard and Reserve
technicians are assigned military duties inconsistent
with, or of a different nature than, their civilian
duties, the impact of such assignments on unit
readiness, and the effect of such assignments on the
career progression of technicians.
(2) The use by the Department of Defense
(especially within the National Guard) of selective
retention boards to separate National Guard and Reserve
technicians from military service (with the effect of
thereby separating them from civilian service) before
they accrue a full, unreduced retirement annuity in
connection with Federal civilian service, and whether
that use is consistent with the authority in section
10216(f) of title 10, United States Code, that
technicians be permitted to remain in service past
their mandatory separation date until they qualify for
an unreduced retirement annuity.
(3) The impact on recruitment and retention, and
the budgetary impact, of permitting National Guard and
Reserve technicians who receive an enlistment incentive
before becoming a technician to retain such incentive
upon becoming a technician.
(f) Reporting Requirement.--Not later than April 1, 2018,
the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a
report containing--
(1) the results of the review conducted under
subsection (a), including a discussion of the matters
set forth in subsections (b) and (e); and
(2) such recommendations for legislative or
administrative action as the Secretary considers
appropriate in light of the review in order to improve
and enhance the employment, use, and status of National
Guard and Reserve technicians.
SEC. 575. ASSESSMENT AND REPORT ON EXPANDING AND CONTRACTING FOR
CHILDCARE SERVICES OF THE DEPARTMENT OF DEFENSE.
(a) Assessment Required.--The Secretary of Defense shall
conduct an assessment of the feasibility and advisability of
the following:
(1) Expanding the operating hours of childcare
facilities of the Department of Defense in order to
meet childcare services requirements for swing-shift,
night-shift, and weekend workers.
(2) Using contracts with private-sector childcare
services providers to expand the availability of
childcare services for members of the Armed Forces at
locations outside military installations at costs
similar to the current costs for childcare services
through child development centers on military
installations.
(3) Contracting with private-sector childcare
services providers to operate childcare facilities of
the Department on military installations.
(4) Expanding childcare services as described in
paragraphs (1) through (3) to members of the National
Guard and Reserves in a manner that does not
substantially raise costs of childcare services for the
military departments or conflict with others who have a
higher priority for space in childcare services
programs, such as members of the Armed Forces on active
duty.
(b) Reporting Requirement.--Not later than September 1,
2018, the Secretary of Defense shall submit to the Committees
on Armed Services of the Senate and the House of
Representatives a report containing the results of the
assessment conducted under subsection (a).
SEC. 576. REVIEW AND REPORT ON COMPENSATION PROVIDED CHILDCARE SERVICES
PROVIDERS OF THE DEPARTMENT OF DEFENSE.
(a) Review Required.--The Secretary of Defense shall
conduct a review of the compensation provided for childcare
services providers within the Department of Defense, including
positions subject to General Schedule pay grades and positions
occupied by nonappropriated fund instrumentality employees.
(b) Elements of Review.--The review conducted under
subsection (a) shall include the following:
(1) A comparison of the compensation provided for
childcare services provider positions within the
Department with the compensation provided to childcare
services providers in the private sector who provide
similar childcare services.
(2) An assessment of the mix of General Schedule
pay grades and compensation levels for nonappropriated
fund instrumentality employees currently required by
the Department to most effectively recruit and retain
childcare services providers for dependents of members
of the Armed Forces.
(3) A comparison of the budget implications of the
current General Schedule pay grade mix and
nonappropriated fund instrumentality compensation
levels with the pay grade mix and compensation levels
determined pursuant to paragraph (2) to be required by
the Department to most effectively recruit and retain
childcare services providers for dependents of members
of the Armed Forces.
(c) Reporting Requirement.--Not later than September 1,
2018, the Secretary of Defense shall submit to the Committees
on Armed Services of the Senate and the House of
Representatives a report containing the results of the review
conducted under subsection (a).
SEC. 577. COMPTROLLER GENERAL OF THE UNITED STATES ASSESSMENT AND
REPORT ON THE OFFICE OF COMPLEX INVESTIGATIONS
WITHIN THE NATIONAL GUARD BUREAU.
(a) Assessment Required.--The Comptroller General of the
United States shall conduct an assessment on the purpose,
structure, and effectiveness of the Office of Complex
Investigations within the National Guard Bureau.
(b) Elements of Assessment.--The assessment conducted under
subsection (a) shall address the following:
(1) The purpose of the Office of Complex
Investigations and the criteria used to determine which
cases will be investigated by the office.
(2) The services provided by the Office of Complex
Investigations.
(3) The authority under which the Office of Complex
Investigations may investigate violations of State law.
(4) The structure of the Office of Complex
Investigations, including--
(A) the number of individuals assigned,
both permanently and temporarily, to the
office;
(B) the organizational structure of the
office; and
(C) the annual budget of the office, the
source of funding, and the extent to which
States are required to reimburse the Department
of Defense for activities conducted by the
office.
(5) The extent to which the investigations
conducted by the Office of Complex Investigations could
be conducted by another State or Federal entity.
(6) The policies governing the Office of Complex
Investigations, and the extent to which the office
adheres to these policies.
(7) The training provided to investigators and
other employees of the Office of Complex
Investigations.
(8) Any other matters the Comptroller General
considers relevant to the assessment.
(c) Reporting Requirement.--Not later than October 31,
2018, the Comptroller General shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a
report containing the results of the assessment conducted under
subsection (a).
SEC. 578. MODIFICATION OF SUBMITTAL DATE OF COMPTROLLER GENERAL OF THE
UNITED STATES REPORT ON INTEGRITY OF THE DEPARTMENT
OF DEFENSE WHISTLEBLOWER PROGRAM.
Section 536(a) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2124) is
amended by striking ``18 months after the date of the enactment
of this Act'' and inserting ``December 31, 2018''.
Subtitle I--Other Matters
SEC. 581. EXPANSION OF UNITED STATES AIR FORCE INSTITUTE OF TECHNOLOGY
ENROLLMENT AUTHORITY TO INCLUDE CIVILIAN EMPLOYEES
OF THE HOMELAND SECURITY INDUSTRY.
(a) Definition.--Subsection (b) of section 9314a of title
10, United States Code, is amended to read as follows:
``(b) Covered Private Sector Employee Defined.--(1) In this
section, the term `covered private sector employee' means--
``(A) an individual employed by a private firm that
is engaged in providing to the Department of Defense
significant and substantial defense-related systems,
products, or services; or
``(B) an individual employed by a private firm in
one of the critical infrastructure sectors identified
in Presidential Policy Directive 21 (Critical
Infrastructure Security and Resilience).
``(2) A covered private sector employee admitted for
instruction at the United States Air Force Institute of
Technology remains eligible for such instruction only so long
as the person remains employed by the same firm.''.
(b) Use of Defined Term.--Section 9314a of title 10, United
States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``defense industry
employees described in subsection (b)''
and inserting ``a covered private
sector employee''; and
(ii) by striking ``Any such defense
industry employee'' and inserting ``A
covered private sector employee'';
(B) in paragraph (2), by striking ``defense
industry employees'' and inserting ``covered
private sector employees''; and
(C) in paragraph (3), by striking ``defense
industry employee'' both places it appears and
inserting ``covered private sector employee'';
(2) in subsection (c)--
(A) by striking ``Defense industry
employees'' and inserting ``A covered private
sector employee''; and
(B) by striking ``defense industry
employees'' and inserting ``covered private
sector employees'';
(3) in subsection (d)(1), by striking ``defense
industry employees'' and inserting ``a covered private
sector employee''; and
(4) in subsection (f), by striking ``defense
industry employees'' and inserting ``covered private
sector employees''.
(c) Other Conforming Amendments.--Section 9314a of title
10, United States Code, is further amended--
(1) in subsection (a)(1), by striking ``a defense
focused'' and inserting ``a defense-focused or homeland
security-focused''; and
(2) in subsection (d)--
(A) in paragraph (1), by inserting ``or
homeland security'' after ``and defense''; and
(B) in paragraph (2), by inserting before
the period at the end the following: ``or the
Department of Homeland Security, as
applicable''.
(d) Clerical Amendments.--
(1) Section heading.--The heading of section 9314a
of title 10, United States Code, is amended to read as
follows:
``Sec. 9314a. United States Air Force Institute of Technology:
admission of certain private sector civilians''.
(2) Table of sections.--The table of sections at
the beginning of chapter 901 of title 10, United States
Code, is amended by striking the item relating to
section 9314a and inserting the following new item:
``9314a. United States Air Force Institute of Technology: admission of
certain private sector civilians.''.
SEC. 582. CONDITIONAL DESIGNATION OF EXPLOSIVE ORDNANCE DISPOSAL CORPS
AS A BASIC BRANCH OF THE ARMY.
(a) Conditional Designation.--Subject to subsection (b),
section 3063(a) of title 10, United States Code, is amended--
(1) in paragraph (12), by striking ``and'';
(2) by redesignating paragraph (13) as paragraph
(14); and
(3) by inserting after paragraph (12) the following
new paragraph (13):
``(13) Explosive Ordnance Disposal Corps; and''.
(b) Delayed Effective Date and Condition on Execution.--
(1) Effective date.--The amendments made by
subsection (a) shall take effect on October 1, 2020,
but only if the report required by paragraph (2) is not
submitted before that date as required by such
paragraph.
(2) Reporting requirement.--Not later than
September 30, 2020, the Secretary of the Army shall
submit to the Committees on Armed Services of the
Senate and the House of Representatives a report
containing certifications that the following actions
have occurred as of that date:
(A) The defense budget materials display
funding requirements for explosive ordnance
disposal separately and a program of record is
established and maintained for explosive
ordnance disposal.
(B) A process has been established to
ensure that, by not later than five years after
the date of the enactment of this Act, there
is, and will continue to be, at least one
general officer in the Army qualified regarding
issues involving explosive ordnance disposal to
ensure officer professional development and
upward mobility.
(C) The Ordnance Personnel Proponency
Office is, and will continue to be, manned with
an explosive ordnance disposal officer to
oversee explosive ordnance disposal officer and
enlisted personnel proponency.
(D) Explosive ordnance disposal officer
education has been included in a basic officer
leadership course, a captains career course,
and a policy and planning course specific to
explosive ordnance disposal as part of
intermediate level education and pre-command
courses.
(E) The office of the Army Deputy Chief of
Staff, G8, and the office of the Army Deputy
Chief of Staff, G3, have, and will continue to
be, manned with explosive ordnance disposal
officers responsible for the decision
management decision packages, ammunition
organizational integration, and force
modernization related to explosive ordnance
disposal.
(F) The Army has established and maintained
explosive ordnance disposal cells at the Army
Forces Command, Army Service Component
Commands, Army Special Operations Command, Army
Training and Doctrine Command, and the Army
Capability and Integration Center.
(3) Notice of report.--The Secretary of the Army
shall notify the Law Revision Counsel of the House of
Representatives of the submission of the report under
paragraph (2) so that the Law Revision Counsel does not
execute the amendments made by subsection (a).
SEC. 583. DESIGNATION OF OFFICE WITHIN OFFICE OF THE SECRETARY OF
DEFENSE TO OVERSEE USE OF FOOD ASSISTANCE PROGRAMS
BY MEMBERS OF THE ARMED FORCES ON ACTIVE DUTY.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense shall designate an office or
official within the Office of the Secretary of Defense for
purposes as follows:
(1) To discharge responsibility for overseeing the
efforts of the Department of Defense to collect,
analyze, and monitor data on the use of food assistance
programs by members of the Armed Forces on active duty.
(2) To establish and maintain relationships with
other departments and agencies of the Federal
Government to facilitate the discharge of the
responsibility specified in paragraph (1).
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Annual adjustment of basic monthly pay.
Sec. 602. Prohibiting collection of additional amounts from members
living in units under Military Housing Privatization
Initiative.
Sec. 603. Limitation on modification of payment authority for Military
Housing Privatization Initiative housing.
Sec. 604. Housing treatment for certain members of the Armed Forces, and
their spouses and other dependents, undergoing a permanent
change of station within the United States.
Sec. 605. Extension of authority to provide temporary increase in rates
of basic allowance for housing under certain circumstances.
Sec. 606. Reevaluation of BAH for the military housing area including
Staten Island.
Subtitle B--Bonus and Special and Incentive Pays
Sec. 611. One-year extension of certain bonus and special pay
authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay
authorities for health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for
nuclear officers.
Sec. 614. One-year extension of authorities relating to title 37
consolidated special pay, incentive pay, and bonus
authorities.
Sec. 615. One-year extension of authorities relating to payment of other
title 37 bonuses and special pays.
Sec. 616. Report regarding the national pilot shortage.
Sec. 617. Special aviation incentive pay and bonus authorities for
enlisted members who operate remotely piloted aircraft.
Sec. 618. Technical and conforming amendments relating to 2008
consolidation of special pay authorities.
Subtitle C--Disability Pay, Retired Pay, and Survivor Benefits
Sec. 621. Permanent extension and cost-of-living adjustments of special
survivor indemnity allowances under the Survivor Benefit Plan.
Sec. 622. Adjustments to Survivor Benefit Plan for members electing lump
sum payments of retired pay under the modernized retirement
system for members of the uniformed services.
Sec. 623. Technical correction regarding election to participate in
modernized retirement system for reserve component members
experiencing a break in service.
Sec. 624. Technical corrections to use of member's current pay grade and
years of service in a division of property involving
disposable retired pay.
Sec. 625. Continuation pay for the Coast Guard.
Subtitle D--Other Matters
Sec. 631. Land conveyance authority, Army and Air Force Exchange Service
property, Dallas, Texas.
Sec. 632. Authority for the Secretaries of the military departments to
provide for care of remains of those who die on active duty
and are interred in a foreign cemetery.
Sec. 633. Construction of domestic source requirement for footwear
furnished to enlisted members of the Armed Forces on initial
entry into the Armed Forces.
Sec. 634. Review and update of regulations governing debt collectors
interactions with unit commanders of members of the Armed
Forces.
Subtitle A--Pay and Allowances
SECTION 601. ANNUAL ADJUSTMENT OF BASIC MONTHLY PAY.
The adjustment in the rates of monthly basic pay required
by subsection (a) of section 1009 of title 37, United States
Code, to be made on January 1, 2018, shall take effect,
notwithstanding any determination made by the President under
subsection (e) of such section with respect to an alternative
pay adjustment to be made on such date.
SEC. 602. PROHIBITING COLLECTION OF ADDITIONAL AMOUNTS FROM MEMBERS
LIVING IN UNITS UNDER MILITARY HOUSING
PRIVATIZATION INITIATIVE.
(a) Prohibition.--Subchapter IV of chapter 169 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2886. Prohibiting collection of amounts in addition to rent from
members assigned to units
``(a) Prohibition.--An agreement for acquiring or
constructing a military family housing unit or military
unaccompanied housing unit under this subchapter which is
entered into between the Secretary and an eligible entity shall
prohibit the entity from imposing on a member of the armed
forces who occupies the unit a supplemental payment, such as an
out-of-pocket fee, in addition to the amount of rent the
eligible entity charges for a unit of similar size and
composition, without regard to whether or not the amount of the
member's basic allowance for housing is less than the amount of
the rent.
``(b) Permitting Certain Additional Payments.--Nothing in
this section shall be construed to prohibit an eligible entity
from imposing an additional payment for optional services
provided to residents, such as access to a gym or a parking
space, or an additional payment for non-essential utility
services, as determined in accordance with regulations
promulgated by the Secretary.
``(c) No Effect on Rental Guarantees or Differential Lease
Payments.--Nothing in this section shall be construed to limit
or otherwise affect the authority of the Secretary to enter
into rental guarantee agreements under section 2876 of this
title or to make differential lease payments under section 2877
of this title, so long as such agreements or payments do not
require a member of the armed forces who is assigned to a
military family housing unit or military unaccompanied housing
unit under this subchapter to pay an out-of-pocket fee or
payment in addition to the member's basic housing allowance.''.
(b) Clerical Amendment.--The table of sections for
subchapter IV of chapter 169 of such title is amended by adding
at the end the following new item:
``2886. Prohibiting collection of amounts in addition to rent from
members assigned to units.''.
SEC. 603. LIMITATION ON MODIFICATION OF PAYMENT AUTHORITY FOR MILITARY
HOUSING PRIVATIZATION INITIATIVE HOUSING.
(a) In General.--For each month during 2018, the Secretary
of Defense shall pay to a lessor of covered housing 1 percent
of the amount calculated under section 403(b)(3)(A)(i) of title
37, United States Code, for the area in which the covered
housing exists.
(b) Definition.--In this section, the term ``covered
housing'' means a unit of housing--
(1) acquired or constructed under the alternative
authority of subchapter IV of chapter 169 of title 10,
United States Code (known as the Military Housing
Privatization Initiative);
(2) that is leased to a member of a uniformed
service who resides in such unit; and
(3) for which the lessor charges such member rent
that equals or exceeds the amount calculated under
section 403(b)(3)(A) of title 37, United States Code.
(c) GAO Review.--Not later than March 1, 2018, the
Comptroller General of the United States shall submit to the
Committees on Armed Services of the House of Representatives
and the Senate a review of the following:
(1) The management of the Military Housing
Privatization Initiative to date.
(2) Plans for the Military Housing Privatization
Initiative after March 1, 2018.
(3) The viability of the Military Housing
Privatization Initiative after March 1, 2018.
(4) Alternatives to the Military Housing
Privatization Initiative.
SEC. 604. HOUSING TREATMENT FOR CERTAIN MEMBERS OF THE ARMED FORCES,
AND THEIR SPOUSES AND OTHER DEPENDENTS, UNDERGOING
A PERMANENT CHANGE OF STATION WITHIN THE UNITED
STATES.
(a) Housing Treatment.--
(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 dependent may continue to
reside in such housing during a period determined in
accordance with the regulations prescribed pursuant to
this section.
``(2) Early housing eligibility.--If a spouse or
other dependent of a member whose request under
subsection (a) is approved is eligible to reside in
Government-owned or Government-leased housing following
the member's permanent change of station within the
United States, the spouse or other dependent may
commence residing in such housing at any time during
the covered relocation period.
``(3) Temporary use of government-owned or
government-leased housing intended for members without
a spouse or dependent.--If a spouse or other dependent
of a member relocates at a time different from the
member in accordance with a request approved under
subsection (a), the member may be assigned to
Government-owned or Government-leased housing intended
for the permanent housing of members without a spouse
or dependent until the member's detachment date or the
spouse or other dependent's arrival date, but only if
such Government-owned or Government-leased housing is
available without displacing a member without a spouse
or dependent at such housing.
``(4) Equitable basic allowance for housing.--If a
spouse or other dependent of a member relocates at a
time different from the member in accordance with a
request approved under subsection (a), the amount of
basic allowance for housing payable may be based on
whichever of the following areas the Secretary
concerned determines to be the most equitable:
``(A) The area of the duty station to which
the member is reassigned.
``(B) The area in which the spouse or other
dependent resides, but only if the spouse or
other dependent resides in that area when the
member departs for the duty station to which
the member is reassigned, and only for the
period during which the spouse or other
dependent resides in that area.
``(C) The area of the former duty station
of the member, but only if that area is
different from the area in which the spouse or
other dependent resides.
``(c) Rule of Construction Related to Certain Basic
Allowance for Housing Payments.--Nothing in this section shall
be construed to limit the payment or the amount of basic
allowance for housing payable under section 403(d)(3)(A) of
this title to a member whose request under subsection (a) is
approved.
``(d) Housing Treatment Education.--The regulations
prescribed pursuant to this section shall ensure the relocation
assistance programs under section 1056 of title 10 include, as
part of the assistance normally provided under such section,
education about the housing treatment available under this
section.
``(e) Definitions.--In this section:
``(1) Covered relocation period.--(A) Subject to
subparagraph (B), the term `covered relocation period',
when used with respect to a permanent change of station
of a member of the armed forces, means the period
that--
``(i) begins 180 days before the date of
the permanent change of station; and
``(ii) ends 180 days after the date of the
permanent change of station.
``(B) The regulations prescribed pursuant to this
section may provide for a 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 t his
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. 605. EXTENSION OF AUTHORITY TO PROVIDE TEMPORARY INCREASE IN RATES
OF BASIC ALLOWANCE FOR HOUSING UNDER CERTAIN
CIRCUMSTANCES.
Section 403(b)(7)(E) of title 37, United States Code, is
amended by striking ``December 31, 2017'' and inserting
``December 31, 2018''.
SEC. 606. REEVALUATION OF BAH FOR THE MILITARY HOUSING AREA INCLUDING
STATEN ISLAND.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense, using the most recent data
available to the Secretary, shall reevaluate the basic housing
allowance prescribed under section 403(b) of title 37, United
States Code, for the military housing area that includes Staten
Island, New York.
Subtitle B--Bonus and Special and Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR RESERVE FORCES.
The following sections of title 37, United States Code, are
amended by striking ``December 31, 2017'' and inserting
``December 31, 2018'':
(1) Section 308b(g), relating to Selected Reserve
reenlistment bonus.
(2) Section 308c(i), relating to Selected Reserve
affiliation or enlistment bonus.
(3) Section 308d(c), relating to special pay for
enlisted members assigned to certain high-priority
units.
(4) Section 308g(f)(2), relating to Ready Reserve
enlistment bonus for persons without prior service.
(5) Section 308h(e), relating to Ready Reserve
enlistment and reenlistment bonus for persons with
prior service.
(6) Section 308i(f), relating to Selected Reserve
enlistment and reenlistment bonus for persons with
prior service.
(7) Section 478a(e), relating to reimbursement of
travel expenses for inactive-duty training outside of
normal commuting distance.
(8) Section 910(g), relating to income replacement
payments for reserve component members experiencing
extended and frequent mobilization for active duty
service.
SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR HEALTH CARE PROFESSIONALS.
(a) Title 10 Authorities.--The following sections of title
10, United States Code, are amended by striking ``December 31,
2017'' and inserting ``December 31, 2018'':
(1) Section 2130a(a)(1), relating to nurse officer
candidate accession program.
(2) Section 16302(d), relating to repayment of
education loans for certain health professionals who
serve in the Selected Reserve.
(b) Title 37 Authorities.--The following sections of title
37, United States Code, are amended by striking ``December 31,
2017'' and inserting ``December 31, 2018'':
(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. REPORT REGARDING THE NATIONAL PILOT SHORTAGE.
(a) In General.--Not later than April 30, 2018, the
Comptroller General of the United States shall submit to the
Committees on Armed Services of the House of Representatives
and the Senate a report regarding the extent of the national
pilot shortage and the impact that such shortage has on the
ability of the Department of Defense to retain pilots.
(b) Elements.--The report under subsection (a) shall
include assessments of the following:
(1) The severity of the national pilot shortage,
including which of the following are most acutely
affected by such shortage--
(A) geographic areas of the United States;
and
(B) sectors of the commercial aviation
industry;
(2) Compensation practices within the commercial
aviation industry, including whether and how such
practices affect the ability of the Department of
Defense to retain pilots.
(3) The annual business case of the Secretary of
the Air Force for aviation bonus payments under section
334(c)(2) of title 37, United States Code,
specifically--
(A) whether the business case meets the
requirements under such section of title 37;
(B) whether the business case justifies the
bonus amount for each aircraft type category;
and
(C) whether projections indicate that the
business case will reduce the pilot shortage,
and, if so, how quickly for each aircraft type
category.
(4) Non-monetary incentives the Secretary of the
Air Force has used to retain pilots.
(5) Other incentives available under current law
and policies of the Department of Defense to increase
retention of pilots.
(6) Such other matters as the Comptroller General
considers appropriate.
SEC. 617. SPECIAL AVIATION INCENTIVE PAY AND BONUS AUTHORITIES FOR
ENLISTED MEMBERS WHO OPERATE REMOTELY PILOTED
AIRCRAFT.
(a) In General.--Chapter 5 of title 37, United States Code,
is amended by inserting after section 334 the following new
section:
``Sec. 334a. Special aviation incentive pay and bonus authorities:
enlisted members who operate remotely piloted
aircraft
``(a) Aviation Incentive Pay.--
``(1) Incentive pay authorized.--The Secretary
concerned may pay aviation incentive pay under this
section to an enlisted member in a regular or reserve
component of a uniformed service who--
``(A) is entitled to basic pay under
section 204 of this title or compensation under
206 of this title;
``(B) is designated as a remotely piloted
aircraft pilot, or is in training leading to
such a designation;
``(C) engages in, or is in training leading
to, frequent and regular performance of
operational flying duty or proficiency flying
duty;
``(D) engages in or remains in aviation
service for a specified period; and
``(E) meets such other criteria as the
Secretary concerned determines appropriate.
``(2) Enlisted members not currently engaged in
flying duty.--The Secretary concerned may pay aviation
incentive pay under this section to an enlisted member
who is otherwise qualified for such pay but who is not
currently engaged in the performance of operational
flying duty or proficiency flying duty if the Secretary
determines, under regulations prescribed under section
374 of this title, that payment of aviation pay to that
enlisted member is in the best interests of the
service.
``(b) Aviation Bonus.--The Secretary concerned may pay an
aviation bonus under this section to an enlisted member in a
regular or reserve component of a uniformed service who--
``(1) is entitled to aviation incentive pay under
subsection (a);
``(2) is within one year of completing the
enlistment of the member;
``(3) reenlists or voluntarily extends the
enlistment of the member--
``(A) for a period of at least one year; or
``(B) in the case of an enlisted member
serving pursuant to an indefinite reenlistment,
executes a written agreement--
``(i) to remain on active duty for
a period of at least one year; or
``(ii) to remain in an active
status in a reserve component for a
period of at least one year; and
``(4) meets such other criteria as the Secretary
concerned determines appropriate.
``(c) Maximum Amount and Method of Payment.--
``(1) Maximum amount.--The Secretary concerned
shall determine the amount of a bonus or incentive pay
to be paid under this section, except that--
``(A) aviation incentive pay under
subsection (a) shall be paid at a monthly rate
not to exceed $1,000 per month; and
``(B) an aviation bonus under subsection
(b) may not exceed $35,000 for each 12-month
period of obligated service agreed to under
subsection (d).
``(2) Lump sum or installments.--A bonus under this
section may be paid in a lump sum or in periodic
installments, as determined by the Secretary concerned.
``(3) Fixing bonus amount.--Upon acceptance by the
Secretary concerned of the written agreement required
by subsection (d), the total amount of the bonus to be
paid under the agreement shall be fixed.
``(d) Written Agreement for Bonus.--To receive an aviation
bonus under this section, an enlisted member determined to be
eligible for the bonus shall enter into a written agreement
with the Secretary concerned that specifies--
``(1) the amount of the bonus;
``(2) the method of payment of the bonus under
subsection (c)(2);
``(3) the period of obligated service; and
``(4) the type or conditions of the service.
``(e) Reserve Component Enlisted Members Performing
Inactive Duty Training.--An enlisted member of reserve
component who is entitled to compensation under section 206 of
this title and who is authorized aviation incentive pay under
this section may be paid an amount of incentive pay that is
proportionate to the compensation received under section 206 of
this title for inactive-duty training.
``(f) Relationship to Other Pay and Allowances.--
``(1) Aviation incentive pay.--Aviation incentive
pay paid to an enlisted member under subsection (a)
shall be in addition to any other pay and allowance to
which the enlisted member is entitled, except that an
enlisted member may not receive a payment under such
subsection and section 351(a)(2) or 353(a) of this
title for the same skill and period of service.
``(2) Aviation bonus.--An aviation bonus paid to an
enlisted member under subsection (b) shall be in
addition to any other pay and allowance to which the
enlisted member is entitled, except that an enlisted
member may not receive a bonus payment under such
subsection and section 331 or 353(b) of this title for
the same skill and period of service.
``(g) Repayment.--An enlisted member who receives aviation
incentive pay or an aviation bonus under this section and who
fails to fulfill the eligibility requirements for the receipt
of the incentive pay or bonus or complete the period of service
for which the incentive pay or bonus is paid, as specified in
the written agreement under subsection (d) in the case of a
bonus, shall be subject to the repayment provisions of section
373 of this title.
``(h) Definitions.--In this section:
``(1) Aviation service.--The term `aviation
service' means participation in aerial flight
performed, under regulations prescribed by the
Secretary concerned, by an eligible enlisted member who
is a remotely piloted aircraft pilot.
``(2) Operational flying duty.--The term
`operational flying duty' means flying performed under
competent orders by enlisted members of the regular or
reserve components 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 operate remotely piloted aircraft.''.
SEC. 618. TECHNICAL AND CONFORMING AMENDMENTS RELATING TO 2008
CONSOLIDATION OF SPECIAL PAY AUTHORITIES.
(a) Repayment Provisions.--
(1) Title 10.--The following provisions of title
10, United States Code, are each amended by inserting
``or 373'' before ``of title 37'':
(A) Section 510(i).
(B) Subsections (a)(3) and (c) of section
2005.
(C) Paragraphs (1) and (2) of section
2007(e).
(D) Section 2105.
(E) Section 2123(e)(1)(C).
(F) Section 2128(c).
(G) Section 2130a(d).
(H) Section 2171(g).
(I) Section 2173(g)(2).
(J) Paragraphs (1) and (2) of section
2200a(e).
(K) Section 4348(f).
(L) Section 6959(f).
(M) Section 9348(f).
(N) Subsections (a)(2) and (b) of section
16135.
(O) Section 16203(a)(1)(B).
(P) Section 16301(h).
(Q) Section 16303(d).
(R) Paragraphs (1) and (2) of section
16401(f).
(2) Title 14.--Section 182(g) of title 14, United
States Code, is amended by inserting ``or 373'' before
``of title 37''.
(b) Officers Appointed Pursuant to an Agreement Under
Section 329 of Title 37.--Section 641 of title 10, United
States Code, is amended by striking paragraph (6).
(c) Reenlistment Leave.--The matter preceding paragraph (1)
of section 703(b) of title 10, United States Code, is amended
by inserting ``or paragraph (1) or (3) of section 351(a)''
after ``section 310(a)(2)''.
(d) Rest and Recuperation Absence for Qualified Members
Extending Duty at Designated Location Overseas.--The matter
following paragraph (4) of section 705(a) of title 10, United
States Code, is amended by inserting ``or 352'' after ``section
314''.
(e) Rest and Recuperation Absence for Certain Members
Undergoing Extended Deployment to Combat Zone.--Section
705a(b)(1)(B) of title 10, United States Code, is amended by
inserting ``or 352(a)'' after ``section 305''.
(f) Additional Incentives for Health Professionals of the
Indian Health Service.--Section 116(a) of the Indian Health
Care Improvement Act (25 U.S.C. 1616i(a)) is amended by
inserting ``or 335(b)'' after ``section 302(b)''.
(g) Military Pay and Allowances Continuance While in a
Missing Status.--Section 552(a)(2) of title 37, United States
Code, is amended by inserting ``or section 351(a)(2)'' after
``section 301''.
(h) Military Pay and Allowances.--Section 907(d) of title
37, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by inserting ``or
351'' after ``section 301'';
(B) in subparagraph (B), by inserting ``or
352'' after ``section 301c'';
(C) in subparagraph (C), by inserting ``or
353(a)'' after ``section 304'';
(D) in subparagraph (D), by inserting ``or
352'' after ``section 305'';
(E) in subparagraph (E), by inserting ``or
352'' after ``section 305a'';
(F) in subparagraph (F), by inserting ``or
352'' after ``section 305b'';
(G) in subparagraph (G), by inserting ``or
352'' after ``section 307a'';
(H) in subparagraph (I), by inserting ``or
352'' after ``section 314'';
(I) in subparagraph (J), by striking
``316'' and inserting ``353(b)''; and
(J) in subparagraph (K), by striking
``323'' and inserting ``section 355''; and
(2) in paragraph (2)--
(A) in subparagraph (A), by inserting ``or
352'' after ``section 307'';
(B) in subparagraph (B), by striking
``308'' and inserting ``331'';
(C) in subparagraph (C), by striking
``309'' and inserting ``331''; and
(D) in subparagraph (D), by inserting ``or
353'' after ``section 320''.
(i) Pay and Allowances of Officers of the Public Health
Service.--Section 208(a)(2) of the Public Health Service Act
(42 U.S.C. 210(a)(2)) is amended by inserting ``or 373'' after
``303a(b)''.
Subtitle C--Disability Pay, Retired Pay, and Survivor Benefits
SEC. 621. PERMANENT EXTENSION AND COST-OF-LIVING ADJUSTMENTS OF SPECIAL
SURVIVOR INDEMNITY ALLOWANCES UNDER THE SURVIVOR
BENEFIT PLAN.
Section 1450(m) of title 10, United States Code, is
amended--
(1) in paragraph (2)--
(A) in subparagraph (H), by striking
``and'' at the end; and
(B) by striking subparagraph (I) and
inserting the following new subparagraphs:
``(I) for months from October 2016 through
December 2018, $310; and
``(J) for months during any calendar year
after 2018, the amount determined in accordance
with paragraph (6).''; and
(2) by striking paragraph (6) and inserting the
following new paragraph (6):
``(6) Cost-of-living adjustments after 2018.--
``(A) In general.--The amount of the
allowance payable under paragraph (1) for
months during any calendar year beginning after
2018 shall be--
``(i) the amount payable pursuant
to paragraph (2) for months during the
preceding calendar year, plus
``(ii) an amount equal to the
percentage of the amount determined
pursuant to clause (i) which percentage
is equal to the percentage increase in
retired pay of members and former
members of the armed forces for such
calendar year under section 1401a of
this title.
``(B) Public notice on amount of allowance
payable.--The Secretary of Defense shall
publish in the Federal Register each year the
amount of the allowance payable under paragraph
(1) for months in such year by reason of the
operation of this paragraph.''.
SEC. 622. ADJUSTMENTS TO SURVIVOR BENEFIT PLAN FOR MEMBERS ELECTING
LUMP SUM PAYMENTS OF RETIRED PAY UNDER THE
MODERNIZED RETIREMENT SYSTEM FOR MEMBERS OF THE
UNIFORMED SERVICES.
(a) Definition of Base Amount.--Section 1447(6)(A) of title
10, United States Code, is amended in the matter preceding
clause (i) by inserting ``or 1415(b)(1)(B)'' after ``section
1409(b)(2)''.
(b) Coordination With Reductions in Retired Pay.--Section
1452 of such title is amended--
(1) in subsection (a)(1), by inserting ``, other
than retired pay received as a lump sum under section
1415(b)(1)(A) of this title,'' in the matter preceding
subparagraph (A) after ``, the retired pay'';
(2) in subsection (b)(1), by inserting ``, other
than retired pay received as a lump sum under section
1415(b)(1)(A) of this title,'' after ``The retired
pay''; and
(3) in subsection (c)--
(A) in paragraph (1), by inserting ``,
other than retired pay received as a lump sum
under section 1415(b)(1)(A) of this title,''
after ``The retired pay''; and
(B) in paragraph (4), by inserting ``or
1415(b)(1)(B)'' after ``section 1409(b)(2)''.
SEC. 623. TECHNICAL CORRECTION REGARDING ELECTION TO PARTICIPATE IN
MODERNIZED RETIREMENT SYSTEM FOR RESERVE COMPONENT
MEMBERS EXPERIENCING A BREAK IN SERVICE.
(a) Persons Experiencing a Break in Service.--Section
12739(f)(2)(B)(iii) of title 10, United States Code, is amended
by 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.
SEC. 624. TECHNICAL CORRECTIONS TO USE OF MEMBER'S CURRENT PAY GRADE
AND YEARS OF SERVICE IN A DIVISION OF PROPERTY
INVOLVING DISPOSABLE RETIRED PAY.
(a) In General.--Section 1408 of title 10, United States
Code, is amended--
(1) in subsection (a)(4)--
(A) in the matter preceding clause (i) of
subparagraph (A), by striking ``(as determined
pursuant to subparagraph (B)''; and
(B) by striking subparagraph (B) and
inserting the following new subparagraph (B):
``(B) For purposes of subparagraph (A), in the case
of a division of property as part of a final decree of
divorce, dissolution, annulment, or legal separation
that becomes final prior to the date of a member's
retirement, the total monthly retired pay to which the
member is entitled shall be--
``(i) in the case of a member not described
in clause (ii), the amount of retired pay to
which the member would have been entitled using
the member's retired pay base and years of
service on the date of the decree of divorce,
dissolution, annulment, or legal separation, as
computed under section 1406 or 1407 of this
title, whichever is applicable, increased by
the sum of the cost-of-living adjustments
that--
``(I) would have occurred under
section 1401a(b) of this title between
the date of the decree of divorce,
dissolution, annulment, or legal
separation and the time of the member's
retirement using the adjustment
provisions under section 1401a of this
title applicable to the member upon
retirement; and
``(II) occur under 1401a of this
title after the member's retirement; or
``(ii) in the case of a member who becomes
entitled to retired pay pursuant to chapter
1223 of this title, the amount of retired pay
to which the member would have been entitled
using the member's retired pay base and
creditable service points on the date of the
decree of divorce, dissolution, annulment, or
legal separation, as computer under chapter
1223 of this title, increased by the sum of the
cost-of-living adjustments as described in
clause (i) that apply with respect to the
member.''; and
(2) in subsection (d), by adding at the end the
following new paragraph:
``(8) A division of property award computed as a percentage
of a member's disposable retired pay shall be increased by the
same percentage as any cost-of-living adjustment made under
section 1401a after the member's retirement.''.
(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. 625. CONTINUATION PAY FOR THE COAST GUARD.
For providing continuation pay for the United States Coast
Guard under section 356 of title 37, United States Code, funds
are hereby authorized to be appropriated for fiscal year 2018
in the amount of $3,286,277.
Subtitle D--Other Matters
SEC. 631. LAND CONVEYANCE AUTHORITY, ARMY AND AIR FORCE EXCHANGE
SERVICE PROPERTY, DALLAS, TEXAS.
(a) Conveyance Authorized.--The Army and Air Force Exchange
Service may convey, by sale, exchange, or a combination
thereof, all right, title, and interest of the United States in
and to a parcel of real property, including improvements
thereon, that--
(1) is located at 8901 Autobahn Drive in Dallas,
Texas; and
(2) was purchased using nonappropriated funds of
the Army and Air Force Exchange Service.
(b) Consideration.--
(1) In general.--Consideration for the real
property conveyed under subsection (a) shall be at
least equal to the fair market value of the property,
as determined by the Army and Air Force Exchange
Service.
(2) Treatment of cash consideration.--
Notwithstanding section 574 of title 40, United States
Code, any cash consideration received from the
conveyance of the property under subsection (a) may be
retained by the Army and Air Force Exchange Service
because the property was acquired using nonappropriated
funds.
(c) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory to
the Army and Air Force Exchange Service. The recipient of the
property shall be required to cover the cost of the survey.
(d) Additional Terms and Conditions.--The Army and Air
Force Exchange Service may require such additional terms and
conditions in connection with the conveyance under subsection
(a) as the Army and Air Force Exchange Service considers
appropriate to protect the interests of the United States.
(e) Inapplicability of Certain Provisions of Law.--Section
2696 of title 10, United States Code, shall not apply to a
conveyance of property under this section.
SEC. 632. AUTHORITY FOR THE SECRETARIES OF THE MILITARY DEPARTMENTS TO
PROVIDE FOR CARE OF REMAINS OF THOSE WHO DIE ON
ACTIVE DUTY AND ARE INTERRED IN A FOREIGN CEMETERY.
Section 1482(a) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(10) In the case of a decedent under the
jurisdiction of a Secretary of a military department at
the time of death, enduring care of remains interred in
a foreign cemetery if the burial location was
designated by such Secretary.''.
SEC. 633. CONSTRUCTION OF DOMESTIC SOURCE REQUIREMENT FOR FOOTWEAR
FURNISHED TO ENLISTED MEMBERS OF THE ARMED FORCES
ON INITIAL ENTRY INTO THE ARMED FORCES.
Section 418(d) of title 37, United States Code, is amended
by adding at the end the following new paragraphs:
``(4) This subsection does not apply to the furnishing of
athletic footwear to members of the Army, the Navy, the Air
Force, or the Marine Corps upon their initial entry into the
armed forces, or prohibit the provision of a cash allowance to
such members for such purpose, if the Secretary of Defense
determines that compliance with paragraph (2) would result in a
sole source contract for procurement of athletic footwear for
the purpose stated in paragraph (1) because there would be only
a sole certified source of supply for such footwear.
``(5) The Secretary of Defense shall ensure that all
procurements of athletic footwear to which this subsection
applies are made using firm fixed price contracts.''.
SEC. 634. REVIEW AND UPDATE OF REGULATIONS GOVERNING DEBT COLLECTORS
INTERACTIONS WITH UNIT COMMANDERS OF MEMBERS OF THE
ARMED FORCES.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall review and update
Department of Defense Directive 1344.09 and any associated
regulations to ensure that such regulations comply with Federal
consumer protection laws with respect to the collection of
debt.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
Sec. 701. Continued access to medical care at facilities of the
uniformed services for certain members of the reserve
components.
Sec. 702. Modifications of cost-sharing requirements for the TRICARE
Pharmacy Benefits Program and treatment of certain
pharmaceutical agents.
Sec. 703. Provision of hyperbaric oxygen therapy for certain members of
the Armed Forces.
Sec. 704. Specification that individuals under the age of 21 are
eligible for hospice care services under the TRICARE program.
Sec. 705. Physical examinations for members of a reserve component who
are separating from the Armed Forces.
Sec. 706. Mental health assessments before members separate from the
Armed Forces.
Sec. 707. Expansion of sexual trauma counseling and treatment for
members of the reserve components.
Sec. 708. Expedited evaluation and treatment for prenatal surgery under
the TRICARE program.
Subtitle B--Health Care Administration
Sec. 711. Maintenance of inpatient capabilities of military medical
treatment facilities located outside the United States.
Sec. 712. Modification of priority for evaluation and treatment of
individuals at military treatment facilities.
Sec. 713. Clarification of administration of military medical treatment
facilities.
Sec. 714. Regular update of prescription drug pricing standard under
TRICARE retail pharmacy program.
Sec. 715. Modification of execution of TRICARE contracting
responsibilities.
Sec. 716. Additional emergency uses for medical products to reduce
deaths and severity of injuries caused by agents of war.
Sec. 717. Modification of determination of average wait times at urgent
care clinics and pharmacies at military medical treatment
facilities under pilot program.
Sec. 718. Requirement for reimbursement by Department of Defense to
entities carrying out State vaccination programs for costs of
vaccines provided to covered beneficiaries.
Sec. 719. Extension of authority for Joint Department of Defense-
Department of Veterans Affairs Medical Facility Demonstration
Fund.
Sec. 720. Residency requirements for podiatrists.
Sec. 721. Authorization of physical therapist assistants and
occupational therapy assistants to provide services under the
TRICARE program.
Sec. 722. Selection of military commanders and directors of military
medical treatment facilities.
Subtitle C--Reports and Other Matters
Sec. 731. Pilot program on health care assistance system.
Sec. 732. Feasibility study on conduct of pilot program on mental health
readiness of part-time members of the reserve components of
the Armed Forces.
Sec. 733. Report on plan to improve pediatric care and related services
for children of members of the Armed Forces.
Sec. 734. Longitudinal medical study on blast pressure exposure of
members of the Armed Forces.
Sec. 735. Study on safe opioid prescribing practices.
Sec. 736. Report on implementation of GAO recommendations.
Sec. 737. Declassification by Department of Defense of certain incidents
of exposure of members of the Armed Forces to toxic
substances.
Sec. 738. Coordination by Veterans Health Administration of efforts to
understand effects of burn pits.
Sec. 739. TRICARE technical amendments.
Subtitle A--TRICARE and Other Health Care Benefits
SEC. 701. CONTINUED ACCESS TO MEDICAL CARE AT FACILITIES OF THE
UNIFORMED SERVICES FOR CERTAIN MEMBERS OF THE
RESERVE COMPONENTS.
(a) TRICARE Reserve Select.--Paragraph (2) of section
1076d(f) of title 10, United States Code, is amended to read as
follows:
``(2) The term `TRICARE Reserve Select' means--
``(A) medical care at facilities of the
uniformed services to which a dependent
described in section 1076(a)(2) of this title
is entitled; and
``(B) health benefits under the TRICARE
Select self-managed, preferred provider network
option under section 1075 of this title made
available to beneficiaries by reason of this
section and subject to the cost-sharing
requirements set forth in such section 1075.''.
(b) TRICARE Retired Reserve.--Section 1076e is amended--
(1) In subsection (b), in the subsection heading,
by striking ``Retired Reserve'';
(2) In subsection (c), by striking ``Retired
Reserve'' the last place it appears; and
(3) in subsection (f), by striking paragraph (2)
and inserting the following:
``(2) The term `TRICARE Retired Reserve' means--
``(A) medical care at facilities of the
uniformed services to which a dependent
described in section 1076(a)(2) of this title
is entitled; and
``(B) health benefits under the TRICARE
Select self-managed, preferred provider network
option under section 1075 of this title made
available to beneficiaries by reason of this
section and subject to the cost-sharing
requirements set forth in such section 1075.''.
SEC. 702. MODIFICATIONS OF COST-SHARING REQUIREMENTS FOR THE TRICARE
PHARMACY BENEFITS PROGRAM AND TREATMENT OF CERTAIN
PHARMACEUTICAL AGENTS.
(a) In General.--Paragraph (6) of section 1074g(a) of title
10, United States Code, is amended to read as follows:
``(6)(A) In the case of any of the years 2018 through 2027,
the cost-sharing amounts under this subsection for eligible
covered beneficiaries shall be determined in accordance with
the following table:
------------------------------------------------------------------------
The cost-
The cost- sharing The cost-
sharing The cost- amount The cost- sharing
amount sharing for a 90- sharing amount for
for a 30- amount for day amount for a 90-day
``For: day a 30-day supply of a 90-day supply of a
supply of supply of a a mail supply of a mail order
a retail retail order mail order non-
generic formulary generic formulary formulary
is: is: is: is: is:
------------------------------------------------------------------------
2018 $11 $28 $7 $24 $53
------------------------------------------------------------------------
2019 $11 $28 $7 $24 $53
------------------------------------------------------------------------
2020 $13 $33 $10 $29 $60
------------------------------------------------------------------------
2021 $13 $33 $10 $29 $60
------------------------------------------------------------------------
2022 $14 $38 $12 $34 $68
------------------------------------------------------------------------
2023 $14 $38 $12 $34 $68
------------------------------------------------------------------------
2024 $16 $43 $13 $38 $76
------------------------------------------------------------------------
2025 $16 $43 $13 $38 $76
------------------------------------------------------------------------
2026 $16 $48 $14 $44 $85
------------------------------------------------------------------------
2027 $16 $48 $14 $44 $85
------------------------------------------------------------------------
``(B) For any year after 2027, the cost-sharing amounts
under this subsection for eligible covered beneficiaries shall
be equal to the cost-sharing amounts for the previous year
adjusted by an amount, if any, determined by the Secretary to
reflect changes in the costs of pharmaceutical agents and
prescription dispensing, rounded to the nearest dollar.
``(C) Notwithstanding subparagraphs (A) and (B), the cost-
sharing amounts under this subsection for a dependent of a
member of the uniformed services who dies while on active duty,
a member retired under chapter 61 of this title, or a dependent
of a member retired under such chapter shall be equal to the
cost-sharing amounts, if any, for 2017.''.
(b) Treatment of Certain Pharmaceutical Agents.--
(1) Pharmacy benefits program.--Such section is
amended by adding at the end the following new
paragraph:
``(10) Notwithstanding paragraphs (2), (5), and (6), in
order to encourage the use by covered beneficiaries of
pharmaceutical agents that provide the best clinical
effectiveness to covered beneficiaries and the Department of
Defense (as determined by the Secretary, including
considerations of better care, healthier people, and smarter
spending), the Secretary may, upon the recommendation of the
Pharmacy and Therapeutics Committee established under
subsection (b) and review by the Uniform Formulary Beneficiary
Advisory Panel established under subsection (c)--
``(A) exclude from the pharmacy benefits program
any pharmaceutical agent that the Secretary determines
provides very little or no clinical effectiveness to
covered beneficiaries and the Department under the
program; and
``(B) give preferential status to any non-generic
pharmaceutical agent on the uniform formulary by
treating it, for purposes of cost-sharing under
paragraph (6), as a generic product under the TRICARE
retail pharmacy program and mail order pharmacy
program.''.
(2) Medical contracts.--Section 1079 of such title
is amended by adding at the end the following new
subsection:
``(q) In the case of any pharmaceutical agent (as defined
in section 1074g(g) of this title) provided under a contract
entered into under this section by a physician, in an
outpatient department of a hospital, or otherwise as part of
any medical services provided under such a contract, the
Secretary of Defense may, under regulations prescribed by the
Secretary, adopt special reimbursement methods, amounts, and
procedures to encourage the use of high-value products and
discourage the use of low-value products, as determined by the
Secretary.''.
(3) Regulations.--In order to implement
expeditiously the reforms authorized by the amendments
made by paragraphs (1) and (2), the Secretary of
Defense may prescribe such changes to the regulations
implementing the TRICARE program (as defined in section
1072 of title 10, United States Code) as the Secretary
considers appropriate--
(A) by prescribing an interim final rule;
and
(B) not later than one year after
prescribing such interim final rule and
considering public comments with respect to
such interim final rule, by prescribing a final
rule.
SEC. 703. PROVISION OF HYPERBARIC OXYGEN THERAPY FOR CERTAIN MEMBERS OF
THE ARMED FORCES.
(a) HBOT Treatment.--
(1) In general.--Chapter 55 of title 10, United
States Code, is amended by inserting after section
1074n the following new section:
``Sec. 1074o. Provision of hyperbaric oxygen therapy for certain
members
``(a) In General.--The Secretary may furnish hyperbaric
oxygen therapy available at a military medical treatment
facility to a covered member if such therapy is prescribed by a
physician to treat post-traumatic stress disorder or traumatic
brain injury.
``(b) Covered Member Defined.--In this section, the term
`covered member' means a member of the armed forces who is--
``(1) serving on active duty; and
``(2) diagnosed with post-traumatic stress disorder
or traumatic brain injury.''.
(2) Clerical amendment.--The table of sections at
the beginning of such chapter is amended by inserting
after the item relating to section 1074n the following
new item:
``1074o. Provision of hyperbaric oxygen therapy for certain members.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect 90 days after the date of the enactment of
this Act.
SEC. 704. SPECIFICATION THAT INDIVIDUALS UNDER THE AGE OF 21 ARE
ELIGIBLE FOR HOSPICE CARE SERVICES UNDER THE
TRICARE PROGRAM.
Section 1079(a)(15) of title 10, United States Code, is
amended by inserting before the period at the end the
following: ``, except that hospice care may be provided to an
individual under the age of 21 concurrently with health care
services or hospitalization for the same condition''.
SEC. 705. PHYSICAL EXAMINATIONS FOR MEMBERS OF A RESERVE COMPONENT WHO
ARE SEPARATING FROM THE ARMED FORCES.
Section 1145 of title 10, United States Code, is amended--
(1) by redesignating subsections (d) and (e) as
subsections (e) and (f), respectively; and
(2) by inserting after subsection (c) the following
new subsection (d):
``(d) Physical Examinations for Certain Members of a
Reserve Component.--(1) The Secretary concerned shall provide a
physical examination pursuant to subsection (a)(5) to each
member of a reserve component who--
``(A) during the two-year period before the date on
which the member is scheduled to be separated from the
armed forces served on active duty in support of a
contingency operation for a period of more than 30
days;
``(B) will not otherwise receive such an
examination under such subsection; and
``(C) elects to receive such a physical
examination.
``(2) The Secretary concerned shall--
``(A) provide the physical examination under
paragraph (1) to a member during the 90-day period
before the date on which the member is scheduled to be
separated from the armed forces; and
``(B) issue orders to such a member to receive such
physical examination.
``(3) A member may not be entitled to health care benefits
pursuant to subsection (a), (b), or (c) solely by reason of
being provided a physical examination under paragraph (1).
``(4) In providing to a member a physical examination under
paragraph (1), the Secretary concerned shall provide to the
member a record of the physical examination.''.
SEC. 706. MENTAL HEALTH ASSESSMENTS BEFORE MEMBERS SEPARATE FROM THE
ARMED FORCES.
(a) In General.--Section 1145(a)(5)(A) of title 10, United
States Code, is amended by inserting ``and a mental health
assessment conducted pursuant to section 1074n of this title''
after ``a physical examination''.
(b) Conforming Amendment.--Section 1074n(a) of such title
is amended by inserting ``(and before separation from active
duty pursuant to section 1145(a)(5)(A) of this title)'' after
``each calendar year''.
SEC. 707. EXPANSION OF SEXUAL TRAUMA COUNSELING AND TREATMENT FOR
MEMBERS OF THE RESERVE COMPONENTS.
Section 1720D(a)(2)(A) of title 38, United States Code, is
amended--
(1) by striking ``on active duty''; and
(2) by inserting before the period at the end the
following: ``that was suffered by the member while
serving on active duty, active duty for training, or
inactive duty training''.
SEC. 708. EXPEDITED EVALUATION AND TREATMENT FOR PRENATAL SURGERY UNDER
THE TRICARE PROGRAM.
(a) In General.--The Secretary of Defense shall implement
processes and procedures to ensure that a covered beneficiary
under the TRICARE program whose pregnancy is complicated with
(or suspected of complication with) a fetal condition may elect
to receive expedited evaluation, nondirective counseling, and
medical treatment from a perinatal or pediatric specialist
capable of providing surgical management and intervention in
utero.
(b) Definitions.--In this section, the terms ``covered
beneficiary'' and ``TRICARE program'' have the meanings given
those terms in section 1072 of title 10, United States Code.
Subtitle B--Health Care Administration
SEC. 711. MAINTENANCE OF INPATIENT CAPABILITIES OF MILITARY MEDICAL
TREATMENT FACILITIES LOCATED OUTSIDE THE UNITED
STATES.
Section 1073d of title 10, United States Code, is amended
by adding at the end the following new subsection:
``(e) Maintenance of Inpatient Capabilities at Military
Medical Treatment Facilities Located Outside the United
States.--(1) In carrying out subsection (a), the Secretary of
Defense shall ensure that each covered facility maintains, at a
minimum, inpatient capabilities that the Secretary determines
are similar to the inpatient capabilities of such facility on
September 30, 2016.
``(2) The Secretary may not eliminate the inpatient
capabilities of a covered facility until the day that is 180
days after the Secretary provides a briefing to the Committees
on Armed Services of the Senate and the House of
Representatives regarding the proposed elimination. During any
such briefing, the Secretary shall certify the following:
``(A) The Secretary has entered into agreements
with hospitals or medical centers in the host nation of
such covered facility that--
``(i) replace the inpatient capabilities
the Secretary proposes to eliminate; and
``(ii) ensure members of the armed forces
and covered beneficiaries who receive health
care from such covered facility, have, within a
distance the Secretary determines is
reasonable, access to quality health care,
including case management and translation
services.
``(B) The Secretary has consulted with the
commander of the geographic combatant command in which
such covered facility is located to ensure that the
proposed elimination would have no impact on the
operational plan for such geographic combatant command.
``(C) Before the Secretary eliminates the inpatient
capabilities of such covered facility, the Secretary
shall provide each member of the armed forces or
covered beneficiary who receives health care from the
covered facility with--
``(i) a transition plan for continuity of
health care for such member or covered
beneficiary; and
``(ii) a public forum to discuss the
concerns of the member or covered beneficiary
regarding the proposed reduction.
``(3) In this subsection, the term `covered facility' means
a military medical treatment facility located outside the
United States.''.
SEC. 712. MODIFICATION OF PRIORITY FOR EVALUATION AND TREATMENT OF
INDIVIDUALS AT MILITARY TREATMENT FACILITIES.
Subsection (b) of section 717 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328) is
amended to read as follows:
``(b) Priority of Covered Beneficiaries.--
``(1) In general.--Except as provided in paragraph
(2), the evaluation and treatment of covered
beneficiaries at military treatment facilities shall be
prioritized ahead of the evaluation and treatment of
veterans and civilians at such facilities under
subsection (a).
``(2) Waiver.--The Secretary may waive the
requirement under paragraph (1) in order to provide
timely evaluation and treatment for individuals who
are--
``(A) severely wounded or injured by acts
of terror that occur in the United States; or
``(B) residents of the United States who
are severely wounded or injured by acts of
terror outside the United States.''.
SEC. 713. CLARIFICATION OF ADMINISTRATION OF MILITARY MEDICAL TREATMENT
FACILITIES.
Section 1073c(a) of title 10, United States Code, is
amended--
(1) in paragraph (1)(E), by striking ``miliary''
and inserting ``military'';
(2) in paragraph (2), in the matter preceding
subparagraph (A), by striking ``commander'' and
inserting ``military commander or director''; and
(3) by adding at the end the following new
paragraph:
``(4) If the Secretary of Defense determines it
appropriate, a military director (or any other senior military
officer or officers) of a military medical treatment facility
may be a commanding officer for purposes of chapter 47 of this
title (the Uniform Code of Military Justice) with respect to
military personnel assigned to the military medical treatment
facility.''.
SEC. 714. REGULAR UPDATE OF PRESCRIPTION DRUG PRICING STANDARD UNDER
TRICARE RETAIL PHARMACY PROGRAM.
Section 1074g(d) of title 10, United States Code, is
amended by adding at the end the following new paragraph:
``(3) With respect to the TRICARE retail pharmacy program
described in subsection (a)(2)(E)(ii), the Secretary shall
ensure that a contract entered into with a TRICARE pharmacy
program contractor includes requirements described in section
1860D-12(b)(6) of the Social Security Act (42 U.S.C. 1395w-
112(b)(6)) to ensure the provision of information regarding the
pricing standard for prescription drugs.''.
SEC. 715. MODIFICATION OF EXECUTION OF TRICARE CONTRACTING
RESPONSIBILITIES.
Subsection (b) of section 705 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328) is
amended to read as follows:
``(b) Execution of Contracting Responsibility.--With
respect to any acquisition of managed care support services
under the TRICARE program initiated after the date of the
enactment of the National Defense Authorization Act for Fiscal
Year 2018, the Under Secretary of Defense for Acquisition and
Sustainment shall be responsible for--
``(1) decisions relating to such acquisition;
``(2) approving the acquisition strategy; and
``(3) conducting pre-solicitation, pre-award, and
post-award acquisition reviews.''.
SEC. 716. ADDITIONAL EMERGENCY USES FOR MEDICAL PRODUCTS TO REDUCE
DEATHS AND SEVERITY OF INJURIES CAUSED BY AGENTS OF
WAR.
Section 1107a of title 10, United States Code, is amended
by adding at the end the following new subsection:
``(d) Additional Authority to Reduce Deaths and Severity of
Injuries Caused by Agents of War.--(1) In a case in which an
emergency use of an unapproved product or an emergency
unapproved use of an approved product cannot be authorized
under section 564 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360bbb-3) because the emergency does not involve an
actual or threatened attack with a biological, chemical,
radiological, or nuclear agent or agents, the Secretary of
Defense may authorize an emergency use outside the United
States of the product to reduce the number of deaths or the
severity of harm to members of the armed forces (or individuals
associated with deployed members of the armed forces) caused by
a risk or agent of war.
``(2) Except as otherwise provided in this subsection, an
authorization by the Secretary under paragraph (1) shall have
the same effect with respect to the armed forces as an
emergency use authorization under section 564 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-3).
``(3) The Secretary may issue an authorization under
paragraph (1) with respect to the emergency use of an
unapproved product or the emergency unapproved use of an
approved product only if--
``(A) the committee established under paragraph (5)
has recommended that the Secretary issue the
authorization; and
``(B) the Assistant Secretary of Defense for Health
Affairs makes a written determination, after
consultation with the Commissioner of Food and Drugs,
that, based on the totality of scientific evidence
available to the Assistant Secretary, criteria
comparable to those specified in section 564(c) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-
3(c)) have been met.
``(4) With respect to the emergency use of an unapproved
product or the emergency unapproved use of an approved product
under this subsection, the Secretary of Defense shall establish
such scope, conditions, and terms under this subsection as the
Secretary considers appropriate, including scope, conditions,
and terms comparable to those specified in section 564 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-3).
``(5)(A) There is established in the Department of Defense
a Department of Defense Emergency Use Authorization Committee
(in this paragraph referred to as the `Committee') to advise
the Assistant Secretary of Defense for Health Affairs on
proposed authorizations under this subsection.
``(B) Members of the Committee shall be appointed by the
Secretary of Defense and shall consist of prominent health care
professionals who are not employees of the Department of
Defense (other than for purposes of serving as a member of the
Committee).
``(C) The Committee may be established as a subcommittee of
another Federal advisory committee.
``(6) In this subsection:
``(A) The term `biological product' has the meaning
given that term in section 351(i) of the Public Health
Service Act (42 U.S.C. 262(i)).
``(B) The terms `device' and `drug' have the
meanings given those terms in section 201 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
``(C) The term `product' means a drug, device, or
biological product.
``(D) The terms `unapproved product' and
`unapproved use of an approved product' have the
meanings given those terms in section 564(a)(4) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-
3(a)(4)).''.
SEC. 717. 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. 718. REQUIREMENT FOR REIMBURSEMENT BY DEPARTMENT OF DEFENSE TO
ENTITIES CARRYING OUT STATE VACCINATION PROGRAMS
FOR COSTS OF VACCINES PROVIDED TO COVERED
BENEFICIARIES.
Section 719 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 1074g note) is
amended--
(1) in the section heading, by striking
``authorization of reimbursement'' and inserting
``reimbursement''; and
(2) in subsection (a)(1), by striking ``may'' and
inserting ``shall''.
SEC. 719. EXTENSION OF AUTHORITY FOR JOINT DEPARTMENT OF DEFENSE-
DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITY
DEMONSTRATION FUND.
Section 1704(e) of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2573), as
amended by section 722 of the Carl Levin and Howard P. ``Buck''
McKeon National Defense Authorization Act for Fiscal Year 2015
(Public Law 113-291), section 723 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92), and
section 741(a) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328), is further amended by
striking ``September 30, 2018'' and inserting ``September 30,
2019''.
SEC. 720. RESIDENCY REQUIREMENTS FOR PODIATRISTS.
(a) Requirement.--In addition to any other qualification
required by law or regulation, the Secretary of Defense shall
ensure that to serve as a podiatrist in the Armed Forces, an
individual must have successfully completed a three-year
podiatric medicine and surgical residency.
(b) Application.--Subsection (a) shall apply with respect
to an individual who is commissioned as an officer in the Armed
Forces on or after the date that is one year after the date of
the enactment of this Act.
SEC. 721. AUTHORIZATION OF PHYSICAL THERAPIST ASSISTANTS AND
OCCUPATIONAL THERAPY ASSISTANTS TO PROVIDE SERVICES
UNDER THE TRICARE PROGRAM.
(a) Addition to List of Authorized Professional Providers
of Care.--The Secretary of Defense shall revise section
199.6(c) of title 32, Code of Federal Regulations, as in effect
on the date of the enactment of this Act, to add to the list of
individual professional providers of care who are authorized to
provide services to beneficiaries under the TRICARE program, as
defined in section 1072 of title 10, United States Code, the
following types of health care practitioners:
(1) Licensed or certified physical therapist
assistants who meet the qualifications for physical
therapist assistants specified in section 484.4 of
title 42, Code of Federal Regulations, or any successor
regulation, to furnish services under the supervision
of a physical therapist.
(2) Licensed or certified occupational therapy
assistants who meet the qualifications for occupational
therapy assistants specified in such section 484.4, or
any successor regulation, to furnish services under the
supervision of an occupational therapist.
(b) Supervision.--The Secretary of Defense shall establish
in regulations requirements for the supervision of physical
therapist assistants and occupational therapy assistants,
respectively, by physical therapists and occupational
therapists, respectively.
(c) Manuals and Other Guidance.--The Secretary of Defense
shall update the CHAMPVA Policy Manual and other relevant
manuals and subregulatory guidance of the Department of Defense
to carry out the revisions and requirements of this section.
SEC. 722. SELECTION OF MILITARY COMMANDERS AND DIRECTORS OF MILITARY
MEDICAL TREATMENT FACILITIES.
(a) In General.--Not later than January 1, 2019, the
Secretary of Defense, in consultation with the Secretaries of
the military departments, shall establish the common
qualifications and core competencies required for an individual
to serve as a military commander or director of a military
medical treatment facility.
(b) Objective.--The objective of the Secretary under this
section shall be to ensure that each individual selected to
serve as a military commander or director of a military medical
treatment facility is highly qualified to serve as health
system executive.
(c) Standards.--In establishing common qualifications and
core competencies under subsection (a), the Secretary shall
include standards with respect to the following:
(1) Professional competence.
(2) Moral and ethical integrity and character.
(3) Formal education in health care executive
leadership and in health care management.
(4) Such other matters the Secretary determines to
be appropriate.
Subtitle C--Reports and Other Matters
SEC. 731. PILOT PROGRAM ON HEALTH CARE ASSISTANCE SYSTEM.
(a) Pilot Program.--The Secretary of Defense shall carry
out a pilot program to provide a health care assistance service
to certain covered beneficiaries enrolled in TRICARE Select
using purchased care to improve the health outcomes and patient
experience for covered beneficiaries with complex medical
conditions.
(b) Elements.--The pilot program under subsection (a) may
include the following elements:
(1) Assisting beneficiaries with complex medical
conditions to understand and use the health benefits
under the TRICARE program.
(2) Supporting such beneficiaries in accessing and
navigating the purchased care health care delivery
system.
(3) Providing such beneficiaries with information
to allow the beneficiaries to make informed decisions
regarding the quality, safety, and cost of available
health care services.
(4) Improving the health outcomes for such
beneficiaries.
(c) Duration.--The Secretary shall carry out the pilot
program for an amount of time determined appropriate by the
Secretary during the five-year period beginning 180 days after
the date of the enactment of this Act.
(d) Report.--Not later than January 1, 2021, the Secretary
shall submit to the Committees on Armed Services of the House
of Representatives and the Senate a report containing an
evaluation of the success of the pilot program under subsection
(a), including--
(1) an analysis of the implementation of the
elements under subsection (b); and
(2) the feasibility of incorporating such elements
into TRICARE support contracts.
(e) Definitions.--In this section, the terms ``covered
beneficiary'', ``TRICARE program'', and ``TRICARE Select'' have
the meaning given those terms in section 1072 of title 10,
United States Code.
SEC. 732. FEASIBILITY STUDY ON CONDUCT OF PILOT PROGRAM ON MENTAL
HEALTH READINESS OF PART-TIME MEMBERS OF THE
RESERVE COMPONENTS OF THE ARMED FORCES.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
conduct a feasibility study and cost estimate for a pilot
program that uses predictive analytics and screening to
identify mental health risk and provide early, targeted
intervention for part-time members of the reserve components of
the Armed Forces to improve readiness and mission success.
(b) Elements.--The feasibility study conducted under
subsection (a) shall include elements to assess the following
with respect to the pilot program studied under such
subsection:
(1) The anticipated improvement in quality of
behavioral health services for part-time members of the
reserve components of the Armed Forces and the impact
of such improvement in quality of behavioral health
services on their families and employers.
(2) The anticipated impact on the culture
surrounding behavioral health treatment and help-
seeking behavior.
(3) The feasibility of embedding mental health
professionals with units that--
(A) perform core mission sets and
capabilities; and
(B) carry out high-risk and high-demand
missions.
(4) The particular preventative mental health needs
of units at different states of their operational
readiness cycle.
(5) The need for additional personnel of the
Department of Defense to implement the pilot program.
(6) The cost of implementing the pilot program
throughout the reserve components of the Armed Forces.
(7) The benefits of an integrated operational
support team for the Air National Guard and Army
National Guard units.
(c) Comparison to Full-time Members of Reserve
Components.--As part of the feasibility study conducted under
subsection (a), the Secretary shall assess the mental health
risk of part-time members of the reserve components of the
Armed Forces as compared to full-time members of the reserve
components of the Armed Forces.
(d) Use of Existing Models.--In conducting the feasibility
study under subsection (a), the Secretary, to the extent
practicable, shall make use of existing models for preventative
mental health care.
SEC. 733. REPORT ON PLAN TO IMPROVE PEDIATRIC CARE AND RELATED SERVICES
FOR CHILDREN OF MEMBERS OF THE ARMED FORCES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report setting forth a plan of
the Department of Defense to improve pediatric care and related
services for children of members of the Armed Forces.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) In order to ensure that children receive
developmentally appropriate and age-appropriate health
care services from the Department, a plan to align
preventive pediatric care under the TRICARE program
with--
(A) standards for such care as required by
the Patient Protection and Affordable Care Act
(Public Law 111-148);
(B) guidelines established for such care by
the Early and Periodic Screening, Diagnosis,
and Treatment program under the Medicaid
program carried out under title XIX of the
Social Security Act (42 U.S.C. 1396 et seq.);
and
(C) recommendations by organizations that
specialize in pediatrics.
(2) A plan to develop a uniform definition of
``pediatric medical necessity'' for the Department that
aligns with recommendations of organizations that
specialize in pediatrics in order to ensure that a
consistent definition of such term is used in providing
health care in military treatment facilities and by
health care providers under the TRICARE program.
(3) A plan to develop measures to evaluate and
improve access to pediatric care, coordination of
pediatric care, and health outcomes for such children.
(4) A plan to include an assessment of access to
pediatric specialty care in the annual report to
Congress on the effectiveness of the TRICARE program.
(5) A plan to improve the quality of and access to
behavioral health care under the TRICARE program for
children of members of the Armed Forces, including
intensive outpatient and partial hospitalization
services.
(6) A plan to mitigate the impact of permanent
changes of station and other service-related
relocations of members of the Armed Forces on the
continuity of health care services received by such
children who have special medical or behavioral health
needs.
(7) A plan to mitigate deficiencies in data
collection, data utilization, and data analysis to
improve pediatric care and related services for
children of members of the Armed Forces.
(c) TRICARE Program Defined.--In this section, the term
``TRICARE program'' has the meaning given such term in section
1072 of title 10, United States Code.
SEC. 734. LONGITUDINAL MEDICAL STUDY ON BLAST PRESSURE EXPOSURE OF
MEMBERS OF THE ARMED FORCES.
(a) In General.--The Secretary of Defense shall conduct a
longitudinal medical study on blast pressure exposure of
members of the Armed Forces during combat and training,
including members who train with any high overpressure weapon
system, such as anti-tank recoilless rifles or heavy-caliber
sniper rifles.
(b) Elements.--The study required under subsection (a)
shall--
(1) monitor, record, and analyze data on blast
pressure exposure for any member of the Armed Forces
who is likely to be exposed to a blast in training or
combat;
(2) assess the feasibility and advisability of
including blast exposure history as part of the service
record of a member, as a blast exposure log, in order
to ensure that, if medical issues arise later, the
member receives care for any service-connected
injuries; and
(3) review the safety precautions surrounding heavy
weapons training to account for emerging research on
blast exposure and the effects of such exposure on
cognitive performance of members of the Armed Forces.
(c) Reports.--
(1) Interim report.--Not later than one year after
the date of the enactment of this Act, the Secretary
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives an interim
report on the study methods and action plan for the
study under subsection (a).
(2) Final report.--Not later than four years after
the date the Secretary begins the study under
subsection (a), the Secretary shall submit to the
Committees on Armed Services of the Senate and the
House of Representatives a report on the results of
such study.
SEC. 735. STUDY ON SAFE OPIOID PRESCRIBING PRACTICES.
(a) Study.--The Secretary of Defense shall conduct a study
on the effectiveness of the training provided to military
health care providers regarding opioid prescribing practices,
initiatives in opioid safety, the use of the VA/DOD Clinical
Practice Guideline for Management of Opioid Therapy for Chronic
Pain, and other related training.
(b) Elements.--The study under subsection (a) shall address
the effectiveness of training with respect to the following:
(1) Identifying and treating individuals with
chronic pain.
(2) Reducing the total number of prescription
opioids dispensed by the Department of Defense to
beneficiaries of health care furnished by the
Department.
(3) Prescribing practices for opioid analgesic
therapy, including--
(A) reducing average dosage sizes;
(B) reducing the average number of dosages;
(C) reducing initial and average durations
of opioid analgesic therapy;
(D) reducing dose escalation when opioid
analgesic therapy results in adequate pain
reduction; and
(E) reducing the average number of
prescription opioid analgesics dispensed by the
Department of Defense.
(4) Reducing the number of overdoses due to
prescription opioids for patients with acute pain and
patients undergoing opioid therapy for chronic pain.
(5) Providing counseling and referrals to treatment
alternatives to opioid analgesics.
(6) Providing education on the risks of opioid
medications to individuals for whom such medications
are prescribed, and to their families, with special
consideration given to raising awareness among
adolescents on such risks.
(7) Effectiveness in communicating to military
health care providers changes in policies of the
Department of Defense regarding opioid safety and
prescribing practices.
(c) Assessment.--The Secretary of Defense shall also
consider the feasibility and advisability of further
strengthening opioid prescribing practices by means of the
following:
(1) Developing and implementing a physician
advisory committee of the Department of Defense
regarding education programs for prescribers of opioid
analgesics.
(2) Developing methods to encourage health care
providers of the Department to use physical therapy or
alternative methods to treat acute or chronic pain.
(3) Developing curricula regarding pain management
and safe opioid analgesic prescription practices that
incorporate opioid analgesic prescribing guidelines
issued by the Centers for Disease Control and
Prevention.
(d) Briefing.--Not later than one year after the date of
the enactment of this Act, the Secretary shall provide to the
Committees on Armed Services of the House of Representatives
and the Senate a briefing on the results of the study under
subsection (a) and the assessment under subsection (c).
SEC. 736. REPORT ON IMPLEMENTATION OF GAO RECOMMENDATIONS.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit a report to the
congressional defense committees on the implementation by the
Department of Defense of the recommendations from the
Government Accountability Office report entitled ``Actions
Needed to Ensure Post-Traumatic Stress Disorder and Traumatic
Brain Injury Are Considered in Misconduct Separations'' and
published May 16, 2017.
SEC. 737. DECLASSIFICATION BY DEPARTMENT OF DEFENSE OF CERTAIN
INCIDENTS OF EXPOSURE OF MEMBERS OF THE ARMED
FORCES TO TOXIC SUBSTANCES.
(a) In General.--The Secretary of Defense shall conduct a
declassification review of documents related to any known
incident in which not fewer than 100 members of the Armed
Forces were intentionally exposed to a toxic substance that
resulted in at least one case of a disability that a member of
the medical profession has determined to be associated with
that toxic substance.
(b) Limitation.--The declassification required by
subsection (a) shall be limited to information necessary for an
individual who was potentially exposed to a toxic substance to
determine the following:
(1) Whether that individual was exposed to that
toxic substance.
(2) The potential severity of the exposure of that
individual to that toxic substance.
(3) Any potential health conditions that may have
resulted from exposure to that toxic substance.
(c) Exception.--The Secretary of Defense is not required to
declassify documents under subsection (a) if the Secretary
determines that declassification of those documents would
materially and immediately threaten the security of the United
States.
(d) Definitions.--In this section:
(1) Armed forces.--The term ``Armed Forces'' has
the meaning given that term in section 101 of title 10,
United States Code.
(2) Exposed.--The term ``exposed'' means, with
respect to a toxic substance, that an individual came
into contact with that toxic substance in a manner that
could be hazardous to the health of that individual,
that may include if that toxic substance was inhaled,
ingested, or touched the skin or eyes.
(3) Exposure.--The term ``exposure'' means, with
respect to a toxic substance, an event during which an
individual was exposed to that toxic substance.
(4) Toxic substance.--The term ``toxic substance''
means any substance determined by the Administrator of
the Environmental Protection Agency to be harmful to
the environment or hazardous to the health of an
individual if inhaled or ingested by or absorbed
through the skin of that individual.
SEC. 738. COORDINATION BY VETERANS HEALTH ADMINISTRATION OF EFFORTS TO
UNDERSTAND EFFECTS OF BURN PITS.
The Under Secretary for Health of the Department of
Veterans Affairs, acting through the Office of Public Health of
the Veterans Health Administration, shall coordinate efforts
related to furthering understanding of burn pits, the effect of
burn pits on veterans, and effective treatments relating to
such effects, including with respect to research efforts and
training of clinical staff on related matters.
SEC. 739. TRICARE TECHNICAL AMENDMENTS.
(a) Definition of TRICARE Standard.--Paragraph (15) of
section 1072 of title 10, United States Code, is amended to
read as follows:
``(15) The term `TRICARE Standard' means the
TRICARE program made available prior to January 1,
2018, covering health benefits contracted for under the
authority of section 1079(a) or 1086(a) of this title
and subject to the same rates and conditions as apply
to persons covered under those sections.''.
(b) Cost-sharing Amounts.--
(1) TRICARE select.--
(A) Allowance of cost-sharing amounts as
determined by the secretary.--Subsection (d) of
section 1075 of such title is amended by adding
at the end the following new paragraph:
``(4) The cost-sharing requirements applicable to services
not specifically addressed in the table set forth in paragraph
(1) shall be established by the Secretary.''.
(B) Modification of reference to ambulance
civilian network.--Paragraph (1) of such
subsection is amended, in the first column of
the table, by striking ``Ambulance civilian
network'' and inserting ``Ground ambulance
civilian network''.
(2) TRICARE prime.--
(A) Allowance of cost-sharing amounts as
determined by the secretary.--Subsection (b) of
section 1075a of such title is amended by
adding at the end the following new paragraph:
``(4) The cost-sharing requirements applicable to services
not specifically addressed in the table set forth in paragraph
(1) shall be established by the Secretary.''.
(B) Modification of reference to ambulance
civilian network.--Paragraph (1) of such
section is amended, in the first column of the
table, by striking ``Ambulance civilian
network'' and inserting ``Ground ambulance
civilian network''.
(c) Medical Care for Dependents.--
(1) Reference to medically necessary vitamins.--
Paragraphs (3) and (18) of section 1077(a) of such
title are amended by striking ``subsection (g)'' each
place it appears and inserting ``subsection (h)''.
(2) Eligibility of dependents to purchase hearing
aids.--Section 1077(g) of such title is amended by
striking ``of former members of the uniformed
services'' and inserting ``eligible for care under this
section''.
(d) Modification of Reference to Fiscal Year.--
(1) Contracts for medical care for spouses and
children.--Section 1079(b) such title is amended by
striking ``fiscal year'' each place it appears and
inserting ``calendar year''.
(2) Contracts for health benefits for certain
members, former members, and their dependents.--Section
1086(b) of such title is amended by striking ``fiscal
year'' each place it appears and inserting ``calendar
year''.
(e) Referrals and Preauthorizations for TRICARE Prime.--
(1) Preauthorization for care at residential
treatment centers.--Section 1095f(b) of such title is
amended by adding at the end the following new
paragraph:
``(4) Inpatient care at a residential treatment
center.''.
(2) Reference.--Section 1075a(c) of such title is
amended by striking ``section 1075f(a)'' and inserting
``section 1095f(a)''.
(f) Applicability of Premium for Dependent Coverage.--
Section 1110b(c)(1) of such title is amended by striking
``section 1075 of this section'' and inserting ``section 1075
or 1075a of this title, as appropriate''.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Statements of purpose for Department of Defense acquisition.
Sec. 802. Management of intellectual property matters within the
Department of Defense.
Sec. 803. Performance of incurred cost audits.
Sec. 804. Repeal of certain auditing requirements.
Sec. 805. Increased simplified acquisition threshold.
Sec. 806. Requirements related to the micro-purchase threshold.
Sec. 807. Process for enhanced supply chain scrutiny.
Sec. 808. Defense policy advisory committee on technology.
Sec. 809. Report on extension of development, acquisition, and
sustainment authorities of the military departments to the
United States Special Operations Command.
Sec. 810 . Technical and conforming amendments related to program
management provisions.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 811. Modifications to cost or pricing data and reporting
requirements.
Sec. 812. Applicability of cost and pricing data certification
requirements.
Sec. 813. Sunset of certain provisions relating to the procurement of
goods other than United States goods.
Sec. 814. Comptroller General report on health and safety records.
Sec. 815. Limitation on unilateral definitization.
Sec. 816. Amendment to sustainment reviews.
Sec. 817. Use of program income by eligible entities that carry out
procurement technical assistance programs.
Sec. 818. Enhanced post-award debriefing rights.
Sec. 819. Amendments relating to information technology.
Sec. 820. Change to definition of subcontract in certain circumstances.
Sec. 821. Amendment relating to applicability of inflation adjustments.
Sec. 822. Use of lowest price technically acceptable source selection
process.
Sec. 823. Exemption from design-build selection procedures.
Sec. 824. Contract closeout authority.
Sec. 825. Elimination of cost underruns as factor in calculation of
penalties for cost overruns.
Sec. 826. Modification to annual meeting requirement of Configuration
Steering Boards.
Sec. 827. Pilot program on payment of costs for denied Government
Accountability Office bid protests.
Subtitle C--Provisions Relating to Major Defense Acquisition Programs
Sec. 831. Revisions to definition of major defense acquisition program.
Sec. 832. Prohibition on use of lowest price technically acceptable
source selection process for major defense acquisition
programs.
Sec. 833. Role of the Chief of the armed force in material development
decision and acquisition system milestones.
Sec. 834. Requirement to emphasize reliability and maintainability in
weapon system design.
Sec. 835. Licensing of appropriate intellectual property to support
major weapon systems.
Sec. 836. Codification of requirements pertaining to assessment,
management, and control of operating and support costs for
major weapon systems.
Sec. 837. Should-cost management.
Sec. 838. Improvements to test and evaluation processes and tools.
Sec. 839. Enhancements to transparency in test and evaluation processes
and data.
Subtitle D--Provisions Relating to Acquisition Workforce
Sec. 841. Enhancements to the civilian program management workforce.
Sec. 842. Credits to Department of Defense Acquisition Workforce
Development Fund.
Sec. 843. Improvements to the hiring and training of the acquisition
workforce.
Sec. 844. Extension and modifications to acquisition demonstration
project.
Subtitle E--Provisions Relating to Commercial Items
Sec. 846. Procurement through commercial e-commerce portals.
Sec. 847. Revision to definition of commercial item.
Sec. 848. Commercial item determinations.
Sec. 849. Review of regulations on commercial items.
Sec. 850. Training in commercial items procurement.
Subtitle F--Provisions Relating to Services Contracting
Sec. 851. Improvement of planning for acquisition of services.
Sec. 852. Standard guidelines for evaluation of requirements for
services contracts.
Sec. 853. Report on outcome-based services contracts.
Sec. 854. Pilot program for longer term multiyear service contracts.
Subtitle G--Provisions Relating to Other Transaction Authority and
Prototyping
Sec. 861. Contract authority for advanced development of initial or
additional prototype units.
Sec. 862. Methods for entering into research agreements.
Sec. 863. Education and training for transactions other than contracts
and grants.
Sec. 864. Other transaction authority for certain prototype projects.
Sec. 865. Amendment to nontraditional and small contractor innovation
prototyping program.
Sec. 866. Middle tier of acquisition for rapid prototype and rapid
fielding.
Sec. 867. Preference for use of other transactions and experimental
authority.
Sec. 868. Prototype projects to digitize defense acquisition
regulations, policies, and guidance, and empower user
tailoring of acquisition process.
Subtitle H--Provisions Relating to Software Acquisition
Sec. 871. Noncommercial computer software acquisition considerations.
Sec. 872. Defense Innovation Board analysis of software acquisition
regulations.
Sec. 873. Pilot program to use agile or iterative development methods to
tailor major software-intensive warfighting systems and
defense business systems.
Sec. 874. Software development pilot program using agile best practices.
Sec. 875. Pilot program for open source software.
Subtitle I--Other Matters
Sec. 881. Extension of maximum duration of fuel storage contracts.
Sec. 882. Procurement of aviation critical safety items.
Sec. 883. Modifications to the advisory panel on streamlining and
codifying acquisition regulations.
Sec. 884. Repeal of expired pilot program for leasing commercial utility
cargo vehicles.
Sec. 885. Exception for business operations from requirement to accept
$1 coins.
Sec. 886. Development of Procurement Administrative Lead Time.
Sec. 887. Notional milestones and standard timelines for contracts for
foreign military sales.
Sec. 888. Assessment and authority to terminate or prohibit contracts
for procurement from Chinese companies providing support to
the Democratic People's Republic of Korea.
Sec. 889. Report on defense contracting fraud.
Sec. 890. Comptroller General report on contractor business system
requirements.
Sec. 891. Training on agile or iterative development methods.
Subtitle A--Acquisition Policy and Management
SEC. 801. STATEMENTS OF PURPOSE FOR DEPARTMENT OF DEFENSE ACQUISITION.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall revise the Defense
Federal Acquisition Regulation Supplement to include the
following statements of purpose:
(1) The defense acquisition system (as defined in
section 2545 of title 10, United States Code) exists to
manage the investments of the United States in
technologies, programs, and product support necessary
to achieve the national security strategy prescribed by
the President pursuant to section 108 of the National
Security Act of 1947 (50 U.S.C. 3043) and to support
the United States Armed Forces.
(2) The investment strategy of the Department of
Defense shall be postured to support not only the
current United States Armed Forces, but also future
Armed Forces of the United States.
(3) The primary objective of Department of Defense
acquisition is to acquire quality products that satisfy
user needs with measurable improvements to mission
capability and operational support, in a timely manner,
and at a fair and reasonable price.
SEC. 802. MANAGEMENT OF INTELLECTUAL PROPERTY MATTERS WITHIN THE
DEPARTMENT OF DEFENSE.
(a) Management of Intellectual Property.--
(1) In general.--Chapter 137 of title 10, United
States Code, is amended by inserting after section 2321
the following new section:
``Sec. 2322. Management of intellectual property matters within the
Department of Defense
``(a) Policy Required.--The Secretary of Defense, acting
through the Under Secretary of Defense for Acquisition and
Sustainment, shall develop policy on the acquisition or
licensing of intellectual property--
``(1) to enable coordination and consistency across
the military departments and the Department of Defense
in strategies for acquiring or licensing intellectual
property and communicating with industry;
``(2) to ensure that program managers are aware of
the rights afforded the Federal Government and
contractors in intellectual property and that program
managers fully consider and use all available
techniques and best practices for acquiring or
licensing intellectual property early in the
acquisition process; and
``(3) to encourage customized intellectual property
strategies for each system based on, at a minimum, the
unique characteristics of the system and its
components, the product support strategy for the
system, the organic industrial base strategy of the
military department concerned, and the commercial
market.
``(b) Cadre of Intellectual Property Experts.--(1) The
Secretary of Defense, acting through the Under Secretary of
Defense for Acquisition and Sustainment, shall establish a
cadre of personnel who are experts in intellectual property
matters. The purpose of the cadre is to ensure a consistent,
strategic, and highly knowledgeable approach to acquiring or
licensing intellectual property by providing expert advice,
assistance, and resources to the acquisition workforce on
intellectual property matters, including acquiring or licensing
intellectual property.
``(2) The Under Secretary shall establish an appropriate
leadership structure and office within which the cadre shall be
managed, and shall determine the appropriate official to whom
members of the cadre shall report.
``(3) The cadre of experts shall be assigned to a program
office or an acquisition command within a military department
to advise, assist, and provide resources to a program manager
or program executive officer on intellectual property matters
at various stages of the life cycle of a system. In performing
such duties, the experts shall--
``(A) interpret and provide counsel on laws,
regulations, and policies relating to intellectual
property;
``(B) advise and assist in the development of an
acquisition strategy, product support strategy, and
intellectual property strategy for a system;
``(C) conduct or assist with financial analysis and
valuation of intellectual property;
``(D) assist in the drafting of a solicitation,
contract, or other transaction;
``(E) interact with or assist in interactions with
contractors, including communications and negotiations
with contractors on solicitations and awards; and
``(F) conduct or assist with mediation if technical
data delivered pursuant to a contract is incomplete or
does not comply with the terms of agreements.
``(4)(A) In order to achieve the purpose set forth in
paragraph (1), the Under Secretary shall ensure the cadre has
the appropriate number of staff and such staff possesses the
necessary skills, knowledge, and experience to carry out the
duties under paragraph (2), including in relevant areas of law,
contracting, acquisition, logistics, engineering, financial
analysis, and valuation. The Under Secretary, in coordination
with the Defense Acquisition University and in consultation
with academia and industry, shall develop a career path,
including development opportunities, exchanges, talent
management programs, and training, for the cadre. The Under
Secretary may use existing authorities to staff the cadre,
including those in subparagraphs (B), (C), (D), and (F).
``(B) Civilian personnel from within the Office of the
Secretary of Defense, Joint Staff, military departments,
Defense Agencies, and combatant commands may be assigned to
serve as members of the cadre, upon request of the Director.
``(C) The Under Secretary may use the authorities for
highly qualified experts under section 9903 of title 5, to hire
experts as members of the cadre who are skilled professionals
in intellectual property and related matters.
``(D) The Under Secretary may enter into a contract with a
private-sector entity for specialized expertise to support the
cadre. Such entity may be considered a covered Government
support contractor, as defined in section 2320 of this title.
``(E) In establishing the cadre, the Under Secretary shall
give preference to civilian employees of the Department of
Defense, rather than members of the armed forces, to maintain
continuity in the cadre.
``(F) The Under Secretary is authorized to use amounts in
the Defense Acquisition Workforce Development Fund for the
purpose of recruitment, training, and retention of the cadre,
including paying salaries of newly hired members of the cadre
for up to three years.''.
(2) Clerical amendment.--The table of sections at
the beginning of such chapter is amended by adding at
the end the following new item:
``2322. Management of intellectual property matters within the
Department of Defense.''.
(b) Additional Acquisition Position.--Subsection 1721(b) of
title 10, United States Code, is amended by adding at the end
the following new paragraph:
``(12) Intellectual property.''.
SEC. 803. PERFORMANCE OF INCURRED COST AUDITS.
(a) In General.--Chapter 137 of title 10, United States
Code, is amended by inserting after section 2313a the following
new section:
``Sec. 2313b. Performance of incurred cost audits
``(a) Compliance With Standards of Risk and Materiality.--
Not later than October 1, 2020, the Secretary of Defense shall
comply with commercially accepted standards of risk and
materiality in the performance of each incurred cost audit of
costs associated with a contract of the Department of Defense.
``(b) Conditions for the Use of Qualified Auditors to
Perform Incurred Cost Audits.--(1) To support the need of the
Department of Defense for timely and effective incurred cost
audits, and to ensure that the Defense Contract Audit Agency is
able to allocate resources to higher-risk and more complex
audits, the Secretary of Defense shall use qualified private
auditors to perform a sufficient number of incurred cost audits
of contracts of the Department of Defense to--
``(A) eliminate, by October 1, 2020, any backlog of
incurred cost audits of the Defense Contract Audit
Agency;
``(B) ensure that incurred cost audits are
completed not later than one year after the date of
receipt of a qualified incurred cost submission;
``(C) maintain an appropriate mix of Government and
private sector capacity to meet the current and future
needs of the Department of Defense for the performance
of incurred cost audits;
``(D) ensure that qualified private auditors
perform incurred cost audits on an ongoing basis to
improve the efficiency and effectiveness of the
performance of incurred cost audits; and
``(E) limit multiyear auditing to ensure that
multiyear auditing is conducted only--
``(A) to address outstanding incurred cost
audits for which a qualified incurred cost
submission was submitted to the Defense
Contract Audit Agency more than 12 months
before the date of the enactment of this
section; or
``(B) when the contractor being audited
submits a written request, including a
justification for the use of multiyear
auditing, to the Under Secretary of Defense
(Comptroller).
``(2) The Secretary of Defense shall consult with Federal
agencies that have awarded contracts or task orders to
qualified private auditors to ensure that the Department of
Defense is using, as appropriate, best practices relating to
contracting with qualified private auditors.
``(3) The Secretary of Defense shall ensure that a
qualified private auditor performing an incurred cost audit
under this section--
``(A) has no conflict of interest in performing
such an audit, as defined by generally accepted
government auditing standards;
``(B) possesses the necessary independence to
perform such an audit, as defined by generally accepted
government auditing standards;
``(C) signs a nondisclosure agreement, as
appropriate, to protect proprietary or nonpublic data;
``(D) accesses and uses proprietary or nonpublic
data furnished to the qualified private auditor only
for the purposes stated in the contract;
``(E) takes all reasonable steps to protect
proprietary and nonpublic data furnished during the
audit; and
``(F) does not use proprietary or nonpublic data
provided to the qualified private auditor under the
authority of this section to compete for Government or
nongovernment contracts.
``(c) Procedures for the Use of Qualified Private
Auditors.--(1) Not later than October 1, 2018, the Secretary of
Defense shall submit to the congressional defense committees a
plan to implement the requirements of subsection (b). Such plan
shall include, at a minimum--
``(A) a description of the incurred cost audits
that the Secretary determines are appropriate to be
conducted by qualified private auditors, including the
approximate number and dollar value of such incurred
cost audits;
``(B) an estimate of the number and dollar value of
incurred cost audits to be conducted by qualified
private auditors for each of the fiscal years 2019
through 2025 necessary to meet the requirements of
subsection (b); and
``(C) all other elements of an acquisition plan as
required by the Federal Acquisition Regulation.
``(2) Not later than April 1, 2019, the Secretary of
Defense or a Federal department or agency authorized by the
Secretary shall award a contract or issue a task order under an
existing contract to two or more qualified private auditors to
perform incurred cost audits of costs associated with contracts
of the Department of Defense. The Defense Contract Management
Agency or a contract administration office of a military
department shall use a contract or a task order awarded or
issued pursuant to this paragraph for the performance of an
incurred cost audit, if doing so will assist the Secretary in
meeting the requirements in subsection (b).
``(3) To improve the quality of incurred cost audits and
reduce duplication of performance of such audits, the Secretary
of Defense may provide a qualified private auditor with
information on past or ongoing audit results or other relevant
information on the entities the qualified private auditor is
auditing.
``(4) The Secretary of Defense shall consider the results
of an incurred cost audit performed under this section without
regard to whether the Defense Contract Audit Agency or a
qualified private auditor performed the audit.
``(5) The contracting officer for a contract that is the
subject of an incurred cost audit shall have the sole
discretion to determine what action should be taken based on an
audit finding on direct costs of the contract.
``(d) Qualified Private Auditor Requirements.--(1) A
qualified private auditor awarded a contract or issued an task
order under subsection (c)(2) shall conduct an incurred cost
audit in accordance with the generally accepted government
auditing standards.
``(2) A qualified private auditor awarded a contract or
issued an task order under subsection (c)(2) shall develop and
maintain complete and accurate working papers on each incurred
cost audit. All working papers and reports on the incurred cost
audit prepared by such qualified private auditor shall be the
property of the Department of Defense, except that the
qualified private auditor may retain a complete copy of all
working papers to support such reports made pursuant to this
section.
``(3) A breach of contract by a qualified private auditor
with respect to use of proprietary or nonpublic data may
subject the qualified private auditor to--
``(A) criminal, civil, administrative, and
contractual actions for penalties, damages, and other
appropriate remedies by the United States; and
``(B) civil actions for damages and other
appropriate remedies by the contractor or subcontractor
whose data are affected by the breach.
``(e) Peer Review.--(1) Effective October 1, 2022, the
Defense Contract Audit Agency may issue unqualified audit
findings for an incurred cost audit only if the Defense
Contract Audit Agency is peer reviewed by a commercial auditor
and passes such peer review. Such peer review shall be
conducted in accordance with the peer review requirements of
generally accepted government auditing standards, including the
requirements related to frequency of peer reviews, and shall be
deemed to meet the requirements of the Defense Contract Audit
Agency for a peer review under such standards.
``(2) Not later than October 1, 2019, the Secretary of
Defense shall provide to the Committees on Armed Services of
the Senate and the House of Representatives an update on the
process of securing a commercial auditor to perform the peer
review referred to in paragraph (1).
``(f) Numeric Materiality Standards for Incurred Cost
Audits.--(1) Not later than October 1, 2020, the Department of
Defense shall implement numeric materiality standards for
incurred cost audits to be used by auditors that are consistent
with commercially accepted standards of risk and materiality.
``(2) Not later than October 1, 2019, the Secretary of
Defense shall submit to the congressional defense committees a
report containing proposed numeric materiality standards
required under paragraph (1). In developing such standards, the
Secretary shall consult with commercial auditors that conduct
incurred cost audits, the advisory panel authorized under
section 809 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 889), and other
governmental and nongovernmental entities with relevant
expertise.
``(g) Timeliness of Incurred Cost Audits.--(1) The
Secretary of Defense shall ensure that all incurred cost audits
performed by qualified private auditors or the Defense Contract
Audit Agency are performed in a timely manner.
``(2) The Secretary of Defense shall notify a contractor of
the Department of Defense within 60 days after receipt of an
incurred cost submission from the contractor whether the
submission is a qualified incurred cost submission.
``(3) With respect to qualified incurred cost submissions
received on or after the date of the enactment of this section,
audit findings shall be issued for an incurred cost audit not
later than one year after the date of receipt of such qualified
incurred cost submission.
``(4) Not later than October 1, 2020, and subject to
paragraph (5), if audit findings are not issued within one year
after the date of receipt of a qualified incurred cost
submission, the audit shall be considered to be complete and no
additional audit work shall be conducted.
``(5) The Under Secretary of Defense (Comptroller) may
waive the requirements of paragraph (4) on a case-by-case basis
if the Director of the Defense Contract Audit Agency submits a
written request. The Director of the Defense Contract Audit
Agency shall include in the report required under section 2313a
of this title the total number of waivers issued and the
reasons for issuing each such waiver.
``(h) Review of Audit Performance.--Not later than April 1,
2025, the Comptroller General of the United States shall submit
to the congressional defense committees a report that evaluates
for the period beginning on October 1, 2019, and ending on
August 31, 2023--
``(1) the timeliness, individual cost, and quality
of incurred cost audits, set forth separately by
incurred cost audits performed by the Defense Contract
Audit Agency and by qualified private auditors;
``(2) the cost to contractors of the Department of
Defense for incurred cost audits, set forth separately
by incurred cost audits performed by the Defense
Contract Audit Agency and by qualified private
auditors;
``(3) the effect, if any, on other types of audits
conducted by the Defense Contract Audit Agency that
results from incurred cost audits conducted by
qualified private auditors; and
``(4) the capability and capacity of qualified
private auditors to conduct incurred cost audits for
the Department of Defense.
``(i) Definitions.--In this section:
``(1) The term `commercial auditor' means a private
entity engaged in the business of performing audits.
``(2) The term `incurred cost audit' means an audit
of charges to the Government by a contractor under a
flexibly priced contract.
``(3) The term `flexibly priced contract' has the
meaning given the term `flexibly-priced contracts and
subcontracts' in part 30 of the Federal Acquisition
Regulation (section 30.001 of title 48, Code of Federal
Regulations).
``(4) The term `generally accepted government
auditing standards' means the generally accepted
government auditing standards of the Comptroller
General of the United States.
``(5) The term `numeric materiality standard' means
a dollar amount of misstatements, including omissions,
contained in an incurred cost audit that would be
material if the misstatements, individually or in the
aggregate, could reasonably be expected to influence
the economic decisions of the Government made on the
basis of the incurred cost audit.
``(6) The term `qualified incurred cost submission'
means a submission by a contractor of costs incurred
under a flexibly priced contract that has been
qualified by the Department of Defense as sufficient to
conduct an incurred cost audit.
``(7) The term `qualified private auditor' means a
commercial auditor--
``(A) that performs audits in accordance
with generally accepted government auditing
standards; and
``(B) that has received a passing peer
review rating, as defined by generally accepted
government auditing standards.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2313a the following new item:
``2313b. Performance of incurred cost audits.''.
(c) Amendment to Duties of the Advisory Panel on
Streamlining and Codifying Acquisition Regulations.--Subsection
(c)(2) of section 809 of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 889), as
amended by section 863(d) of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2303),
is amended--
(1) in subparagraph (D) by striking ``and'' at the
end;
(2) by redesignating subparagraph (E) as
subparagraph (F);
(3) by adding after subparagraph (D) the following
new subparagraph:
``(E) improve the efficiency of the
contract auditing process, including through
the development of risk-based materiality
standards; and''; and
(4) in subparagraph (F) (as so redesignated), by
striking ``subparagraphs (A) through (D)'' and
inserting ``subparagraphs (A) through (E)''.
SEC. 804. REPEAL OF CERTAIN AUDITING REQUIREMENTS.
Section 190 of title 10, United States Code, as proposed to
be added by section 820(b)(1) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130
Stat. 2274), is amended by striking subsection (f).
SEC. 805. INCREASED SIMPLIFIED ACQUISITION THRESHOLD.
Section 134 of title 41, United States Code, is amended by
striking ``$100,000'' and inserting ``$250,000''.
SEC. 806. REQUIREMENTS RELATED TO THE MICRO-PURCHASE THRESHOLD.
(a) Increase in Threshold.--Section 1902(a)(1) of title 41,
United States Code, is amended by striking ``$3,000'' and
inserting ``$10,000''.
(b) Convenience Checks.--A convenience check may not be
used for an amount in excess of one half of the micro-purchase
threshold under section 1902(a) of title 41, United States
Code, or a lower amount established by the head of the agency.
SEC. 807. PROCESS FOR ENHANCED SUPPLY CHAIN SCRUTINY.
(a) Process.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall establish
a process for enhancing scrutiny of acquisition decisions in
order to improve the integration of supply chain risk
management into the overall acquisition decision cycle.
(b) Elements.--The process under subsection (a) shall
include the following elements:
(1) Designation of a senior official responsible
for overseeing the development and implementation of
the process.
(2) Development or integration of tools to support
commercial due-diligence, business intelligence, or
otherwise analyze and monitor commercial activity to
understand business relationships with entities
determined to be threats to the United States.
(3) Development of risk profiles of products or
services based on commercial due-diligence tools and
data services.
(4) Development of education and training curricula
for the acquisition workforce that supports the
process.
(5) Integration, as needed, with intelligence
sources to develop threat profiles of entities
determined to be threats to the United States.
(6) Periodic review and assessment of software
products and services on computer networks of the
Department of Defense to remove prohibited products or
services.
(7) Synchronization of the use of current
authorities for making supply chain decisions,
including section 806 of Public Law 111-383 (10 U.S.C.
2304 note) or improved use of suspension and debarment
officials.
(8) Coordination with interagency, industrial, and
international partners, as appropriate, to share
information, develop Government-wide strategies for
dealing with significant entities determined to be
significant threats to the United States, and
effectively use authorities in other departments and
agencies to provide consistent, Government-wide
approaches to supply chain threats.
(9) Other matters as the Secretary considers
necessary.
(c) Notification.--Not later than 90 days after
establishing the process required by subsection (a), the
Secretary shall provide a written notification to the
Committees on Armed Services of the Senate and House of
Representatives that the process has been established. The
notification also shall include the following:
(1) Identification of the official designated under
subsection (b)(1).
(2) Identification of tools and services currently
available to the Department of Defense under subsection
(b)(2).
(3) Assessment of additional tools and services
available under subsection (b)(2) that the Department
of Defense should evaluate.
(4) Identification of, or recommendations for, any
statutory changes needed to improve the effectiveness
of the process.
(5) Projected resource needs for implementing any
recommendations made by the Secretary.
SEC. 808. DEFENSE POLICY ADVISORY COMMITTEE ON TECHNOLOGY.
(a) Establishment.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense, acting
through the Chief Management Officer, shall form a committee of
senior executives from United States firms in the national
technology and industrial base to meet with the Secretary, the
Secretaries of the military departments, and members of the
Joint Chiefs of Staff to exchange information, including, as
appropriate, classified information, on technology threats to
the national security of the United States and on the emerging
technologies from the national technology and industrial base
that may become available to counter such threats in a timely
manner.
(b) Meetings.--The defense policy advisory committee on
technology formed pursuant to subsection (a) shall meet with
the Secretary and the other Department of Defense officials
specified in such subsection collectively at least once
annually in each of fiscal years 2018 through 2022. The
Secretary of Defense shall provide the congressional defense
committees annual briefings on the meetings.
(c) Federal Advisory Committee Act.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the defense
policy advisory committee on technology established pursuant to
this section.
SEC. 809. REPORT ON EXTENSION OF DEVELOPMENT, ACQUISITION, AND
SUSTAINMENT AUTHORITIES OF THE MILITARY DEPARTMENTS
TO THE UNITED STATES SPECIAL OPERATIONS COMMAND.
(a) Review.--The Secretary of Defense shall carry out a
review of the authorities available to the Secretaries of the
military departments and the acquisition executives of the
military departments for the development, acquisition, and
sustainment of technology, equipment, and services for the
military departments in order to determine the feasibility and
advisability of the provision of such authorities to the
Commander of the United States Special Operations Command and
the acquisition executive of the Command for the development,
acquisition, and sustainment of special operations-peculiar
technology, equipment, and services.
(b) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the review required by subsection
(a). The report shall include the following:
(1) A description of the review.
(2) An identification of the authorities the
Secretary recommends for provision to the Commander of
the United States Special Operations Command and the
acquisition executive of the Command as described in
subsection (a), and recommendations for any
modifications of such authorities that the Secretary
considers appropriate for purposes of the United States
Special Operations Command.
(3) Such recommendations for legislative or
administrative action as the Secretary considers
appropriate for the provision of authorities identified
pursuant to paragraph (2) as described in subsection
(a).
(4) Such other matters as the Secretary considers
appropriate in light of the review.
SEC. 810 . TECHNICAL AND CONFORMING AMENDMENTS RELATED TO PROGRAM
MANAGEMENT PROVISIONS.
(a) Repeal of Duplicative Provision Related to Program and
Project Management.--Subsection (c) of section 503 of title 31,
United States Code, as added by section 861(a)(1) of the
National Defense Authorization Act for Fiscal Year 2017 (Public
Law 114-328; 130 Stat. 2298), is repealed.
(b) Repeal of Duplicative Provision Related to Program
Management Officers and Program Management Policy Council.--
Section 1126 of title 31, United States Code, as added by
section 861(b)(1) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2299), is
repealed.
(c) Repeal of Obsolete Provisions.--Section 861 of the
National Defense Authorization Act for Fiscal Year 2017 (Public
Law 114-328; 130 Stat. 2299) is repealed.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 811. MODIFICATIONS TO COST OR PRICING DATA AND REPORTING
REQUIREMENTS.
(a) Modifications to Submissions of Cost or Pricing Data.--
(1) Title 10.--Subsection (a) of section 2306a of
title 10, United States Code, is amended--
(A) by striking ``December 5, 1990'' each
place it appears and inserting ``June 30,
2018'';
(B) by striking ``December 5, 1991'' each
place it appears and inserting ``July 1,
2018'';
(C) by striking ``$100,000'' each place it
appears and inserting ``$750,000'';
(D) in paragraph (1)--
(i) in subparagraphs (A)(i),
(B)(i), (C)(i), (C)(ii), and (D)(i), by
striking ``$500,000'' and inserting
``$2,000,000''; and
(ii) in subparagraph (B)(ii), by
striking ``$500,000'' and inserting
``$750,000'';
(E) in paragraph (6), by striking
``December 5, 1990'' and inserting ``June 30,
2018''; and
(F) in paragraph (7), by striking ``to the
amount'' and all that follows through ``higher
multiple of $50,000.'' and inserting ``in
accordance with section 1908 of title 41.''.
(2) Title 41.--Section 3502 of title 41, United
States Code, is amended--
(A) in subsection (a)--
(i) by striking ``October 13,
1994'' each place it appears and
inserting ``June 30, 2018'';
(ii) by striking ``$100,000'' each
place it appears and inserting
``$750,000'';
(iii) in paragraphs (1)(A), (2)(A),
(3)(A), (3)(B), and (4)(A), by striking
``$500,000'' and inserting
``$2,000,000''; and
(iv) in paragraph (2)(B), by
striking ``$500,000'' and inserting
``$750,000'';
(B) in subsection (f), by striking
``October 13, 1994'' and inserting ``June 30,
2018''; and
(C) in subsection (g), by striking ``to the
amount'' and all that follows through ``higher
multiple of $50,000.'' and inserting ``in
accordance with section 1908.''.
(b) Modification to Authority to Require Submission.--
Paragraph (1) of section 2306a(d) of title 10, United States
Code, is amended by striking ``the contracting officer shall
require submission of'' and all the follows through ``to the
extent necessary'' and inserting ``the offeror shall be
required to submit to the contracting officer data other than
certified cost or pricing data (if requested by the contracting
officer), to the extent necessary''.
(c) Comptroller General Review of Modifications to Cost or
Pricing Data Submission Requirements.--Not later than March 1,
2022, the Comptroller General of the United States shall submit
to the congressional defense committees a report on the
implementation and effect of the amendments made by subsections
(a) and (b).
(d) Requirements for Defense Contract Audit Agency
Report.--
(1) In general.--Section 2313a of title 10, United
States Code, is amended--
(A) in subsection (a)(2)--
(i) in subparagraph (A)--
(I) by inserting ``and
dollar value'' after
``number''; and
(II) by inserting ``, set
forth separately by type of
audit'' after ``pending'';
(ii) in subparagraph (C), by
inserting ``, both from the date of
receipt of a qualified incurred cost
submission and from the date the audit
begins'' after ``audit'';
(iii) by amending subparagraph (D)
to read as follows:
``(D) the sustained questioned costs, set
forth separately by type of audit, both as a
total value and as a percentage of the total
questioned costs for the audit;'';
(iv) by striking subparagraph (E);
and
(v) by inserting after subparagraph
(D) the following new subparagraphs:
``(E) the total number and dollar value of
incurred cost audits completed, and the method
by which such incurred cost audits were
completed;
``(F) the aggregate cost of performing
audits, set forth separately by type of audit;
``(G) the ratio of sustained questioned
costs to the aggregate costs of performing
audits, set forth separately by type of audit;
and
``(H) the total number and dollar value of
audits that are pending for a period longer
than one year as of the end of the fiscal year
covered by the report, and the fiscal year in
which the qualified submission was received,
set forth separately by type of audit;''; and
(B) by adding at the end the following new
subsection:
``(d) Definitions.--
``(1) The terms `incurred cost audit' and
`qualified incurred cost submission' have the meaning
given those terms in section 2313b of this title.
``(2) The term `sustained questioned costs' means
questioned costs that were recovered by the Federal
Government as a result of contract negotiations related
to such questioned costs.''.
(2) Exemption to report termination requirements.--
Section 1080(a) of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat.
1000; 10 U.S.C. 111 note), as amended by section
1061(j) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2405;
10 U.S.C. 111 note), does not apply to the report
required to be submitted to Congress under section
2313a of title 10, United States Code.
(e) Adjustment to Value of Covered Contracts for
Requirements Relating to Allowable Costs.--Subparagraph (B) of
section 2324(l)(1) of title 10, United States Code, is amended
by striking ``to the equivalent'' and all that follows through
``higher multiple of $50,000.'' and inserting ``in accordance
with section 1908 of title 41.''.
SEC. 812. APPLICABILITY OF COST AND PRICING DATA CERTIFICATION
REQUIREMENTS.
Section 830(d) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2286) is
amended--
(1) in paragraph (1)(A), by striking ``same
product'' and inserting ``same or similar product'';
(2) by redesignating paragraph (2) as paragraph
(4); and
(3) by inserting after paragraph (1) the following
new paragraphs:
``(2) Determination of same or similar product.--
The Secretary of Defense and the Secretary of State
shall jointly determine whether a product is considered
to be a similar product for the purposes of this pilot
program.
``(3) Waiver of cost or pricing certification.--The
Secretary of Defense may waive the certification
requirement under section 2306a(a)(2) of title 10,
United States Code, if the Secretary determines that
the Federal Government has sufficient data and
information regarding the reasonableness of the
price.''.
SEC. 813. SUNSET OF CERTAIN PROVISIONS RELATING TO THE PROCUREMENT OF
GOODS OTHER THAN UNITED STATES GOODS.
(a) Chemical Weapons Antidote.--Section 2534(c) of title
10, United States Code, is amended by adding at the end the
following new paragraph:
``(5) Chemical weapons antidote.--Subsections
(a)(2) and (b)(2) shall cease to be effective on
October 1, 2018.''.
(b) Photovoltaic Devices.--Effective October 1, 2018,
section 858 of the Carl Levin and Howard P. ``Buck'' McKeon
National Defense Authorization Act for Fiscal Year 2015 (Public
Law 113-291; 10 U.S.C. 2534 note) is repealed.
SEC. 814. COMPTROLLER GENERAL REPORT ON HEALTH AND SAFETY RECORDS.
(1) In general.--Not later than one year after the
date of the enactment of this Act, the Comptroller
General of the United States shall submit to the
Secretary of Defense and the congressional defense
committees a report on the safety and health records of
Department of Defense contractors.
(2) Elements.--The report required under paragraph
(1) shall include the following elements:
(A) A description of the existing
procedures of the Department of Defense to
evaluate the safety and health records of
current and prospective contractors.
(B) An evaluation of the adherence of the
Department of Defense to such procedures.
(C) An assessment of the current incidence
of safety and health violations by Department
of Defense contractors.
(D) An assessment of whether the Secretary
of Labor has the resources to investigate and
identify safety and health violations by
Department of Defense contractors.
(E) An assessment of whether the Secretary
of Labor should consider assuming an expanded
investigatory role or a targeted enforcement
program for ensuring the safety and health of
individuals working under Department of Defense
contracts.
SEC. 815. LIMITATION ON UNILATERAL DEFINITIZATION.
(a) Limitation.--Section 2326 of title 10, United States
Code, is amended--
(1) by redesignating subsections (c), (d), (e),
(f), (g), (h), and (i) as subsections (d), (e), (f),
(g), (h), (i), and (j) respectively; and
(2) by inserting after subsection (b) the following
new subsection (c):
``(c) Limitation on Unilateral Definitization by
Contracting Officer.--With respect to any undefinitized
contractual action with a value greater than $50,000,000, if
agreement is not reached on contractual terms, specifications,
and price within the period or by the date provided in
subsection (b)(1), the contracting officer may not unilaterally
definitize those terms, specifications, or price over the
objection of the contractor until--
``(1) the service acquisition executive for the
military department that awarded the contract, or the
Under Secretary of Defense for Acquisition and
Sustainment if the contract was awarded by a Defense
Agency or other component of the Department of Defense,
approves the definitization in writing;
``(2) the contracting officer provides a copy of
the written approval to the contractor; and
``(3) a period of 30 calendar days has elapsed
after the written approval is provided to the
contractor.''.
(b) Conforming Amendment.--Section 2326(b)(3) of such title
is amended by striking ``subsection (g)'' and inserting
``subsection (h)''.
(c) Conforming Regulations.--Not later than 120 days after
the date of the enactment of this Act, the Secretary of Defense
shall revise the Department of Defense Supplement to the
Federal Acquisition Regulation to implement section 2326 of
title 10, United States Code, as amended by this section.
SEC. 816. AMENDMENT TO SUSTAINMENT REVIEWS.
Section 2441(a) of title 10, United States Code, is amended
by adding at the end the following: ``The Secretary concerned
shall make the memorandum and supporting documentation for each
sustainment review available to the Under Secretary of Defense
for Acquisition and Sustainment within 30 days after the review
is completed.''.
SEC. 817. USE OF PROGRAM INCOME BY ELIGIBLE ENTITIES THAT CARRY OUT
PROCUREMENT TECHNICAL ASSISTANCE PROGRAMS.
Section 2414 of title 10, United States Code, is amended--
(1) in the section heading, by striking
``limitation'' and inserting ``funding''; and
(2) by adding at the end the following new
subsection:
``(d) Use of Program Income.--
``(1) An eligible entity that earned income in a
specified fiscal year from activities carried out
pursuant to a procurement technical assistance program
funded under this chapter may expend an amount of such
income, not to exceed 25 percent of the cost of
furnishing procurement technical assistance in such
specified fiscal year, during the fiscal year following
such specified fiscal year, to carry out a procurement
technical assistance program funded under this chapter.
``(2) An eligible entity that does not enter into a
cooperative agreement with the Secretary for a fiscal
year--
``(A) shall notify the Secretary of the
amount of any income the eligible entity
carried over from the previous fiscal year; and
``(B) may retain an amount of such income
equal to 10 percent of the value of assistance
furnished by the Secretary under this section
during the previous fiscal year.
``(3) In determining the value of assistance
furnished by the Secretary under this section for any
fiscal year, the Secretary shall account for the amount
of any income the eligible entity carried over from the
previous fiscal year.''.
SEC. 818. ENHANCED POST-AWARD DEBRIEFING RIGHTS.
(a) Release of Contract Award Information.--Not later than
180 days after the date of the enactment of this Act, the
Secretary of Defense shall revise the Department of Defense
Supplement to the Federal Acquisition Regulation to require
that all required post-award debriefings, while protecting the
confidential and proprietary information of other offerors,
include, at a minimum, the following:
(1) In the case of a contract award in excess of
$100,000,000, a requirement for disclosure of the
agency's written source selection award determination,
redacted to protect the confidential and proprietary
information of other offerors for the contract award,
and, in the case of a contract award in excess of
$10,000,000 and not in excess of $100,000,000 with a
small business or nontraditional contractor, an option
for the small business or nontraditional contractor to
request such disclosure.
(2) A requirement for a written or oral debriefing
for all contract awards and task or delivery orders
valued at $10,000,000 or higher.
(3) Provisions ensuring that both unsuccessful and
winning offerors are entitled to the disclosure
described in paragraph (1) and the debriefing described
in paragraph (2).
(4) Robust procedures, consistent with section
2305(b)(5)(D) of title 10, United States Code, and
provisions implementing that section in the Federal
Acquisition Regulation, to protect the confidential and
proprietary information of other offerors.
(b) Opportunity for Follow-up Questions.--Section
2305(b)(5) of title 10, United States Code, is amended--
(1) by redesignating subparagraphs (C), (D), and
(E) as subparagraphs (D), (E), and (F), respectively;
(2) in subparagraph (B)--
(A) in clause (v), by striking ``; and''
and inserting a semicolon;
(B) in clause (vi), by striking the period
at the end and inserting ``; and''; and
(C) by adding at the end the following new
clause:
``(vii) an opportunity for a disappointed offeror
to submit, within two business days after receiving a
post-award debriefing, additional questions related to
the debriefing.''; and
(3) by inserting after subparagraph (B) the
following new subparagraph:
``(C) The agency shall respond in writing to any additional
question submitted under subparagraph (B)(vii) within five
business days after receipt of the question. The agency shall
not consider the debriefing to be concluded until the agency
delivers its written responses to the disappointed offeror.''.
(c) Commencement of Post-briefing Period.--Section
3553(d)(4) of title 31, United States Code, is amended--
(1) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii) respectively;
(2) by striking ``The period'' and inserting ``(A)
The period''; and
(3) by adding at the end the following new
subparagraph:
``(B) For procurements conducted by any component of the
Department of Defense, the 5-day period described in
subparagraph (A)(ii) does not commence until the day the
Government delivers to a disappointed offeror the written
responses to any questions submitted pursuant to section
2305(b)(5)(B)(vii) of title 10.''.
SEC. 819. AMENDMENTS RELATING TO INFORMATION TECHNOLOGY.
(a) Elimination of Sunset Relating to Transparency and Risk
Management of Major Information Technology Investments.--
Subsection (c) of section 11302 of title 40, United States
Code, is amended by striking the first paragraph (5).
(b) Elimination of Sunset Relating to Information
Technology Portfolio, Program, and Resource Reviews.--Section
11319 of title 40, United States Code, is amended--
(1) by redesignating the second subsection (c) as
subsection (d); and
(2) in subsection (d), as so redesignated, by
striking paragraph (6).
(c) Extension of Sunset Relating to Federal Data Center
Consolidation Initiative.--Subsection (e) of section 834 of the
National Defense Authorization Act for Fiscal Year 2015 (Public
Law 113-291; 44 U.S.C. 3601 note) is amended by striking
``2018'' and inserting ``2020''.
SEC. 820. CHANGE TO DEFINITION OF SUBCONTRACT IN CERTAIN CIRCUMSTANCES.
Section 1906(c)(1) of title 41, United States Code, is
amended by adding at the end the following: ``The term does not
include agreements entered into by a contractor for the supply
of commodities that are intended for use in the performance of
multiple contracts with the Federal Government and other
parties and are not identifiable to any particular contract.''.
SEC. 821. AMENDMENT RELATING TO APPLICABILITY OF INFLATION ADJUSTMENTS.
Section 1908(d) of title 41, United States Code, is amended
by inserting before the period at the end the following: ``and
shall apply, in the case of the procurement of property or
services by contract, to a contract, and any subcontract at any
tier under the contract, in effect on that date without regard
to the date of award of the contract or subcontract.''.
SEC. 822. USE OF LOWEST PRICE TECHNICALLY ACCEPTABLE SOURCE SELECTION
PROCESS.
(a) Additional Requirements.--Subsection (b) of section 813
of the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 130 Stat 2270; 10 U.S.C. 2305 note) is
amended--
(1) in paragraph (5), by striking ``; and'' and
inserting a semicolon;
(2) in paragraph (6), by striking the period at the
end and inserting a semicolon; and
(3) by adding at the end the following new
paragraphs:
``(7) the Department of Defense would realize no,
or minimal, additional innovation or future
technological advantage by using a different
methodology; and
``(8) with respect to a contract for procurement of
goods, the goods procured are predominantly expendable
in nature, nontechnical, or have a short life
expectancy or short shelf life.''.
(b) Reporting Requirement.--
(1) In general.--Subsection (d) of such section is
amended by striking ``contract exceeding $10,000,000''
and inserting ``contract exceeding $5,000,000''.
(2) Applicability.--The amendment made by this
subsection shall apply with respect to the second,
third, and fourth reports submitted under subsection
(d) of section 813 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-
328; 130 Stat 2271; 10 U.S.C. 2305 note).
SEC. 823. EXEMPTION FROM DESIGN-BUILD SELECTION PROCEDURES.
Subsection (d) of section 2305a of title 10, United States
Code, is amended by striking the second and third sentences and
inserting the following: ``If the contract value exceeds
$4,000,000, the maximum number specified in the solicitation
shall not exceed 5 unless--
``(1) the solicitation is issued pursuant to a
indefinite delivery-indefinite quantity contract for
design-build construction; or
``(2)(A) the head of the contracting activity,
delegable to a level no lower than the senior
contracting official within the contracting activity,
approves the contracting officer's justification with
respect to an individual solicitation that a maximum
number greater than 5 is in the interest of the Federal
Government; and
``(B) the contracting officer provides written
documentation of how a maximum number greater than 5 is
consistent with the purposes and objectives of the two-
phase selection procedures.''.
SEC. 824. CONTRACT CLOSEOUT AUTHORITY.
Section 836(b)(1) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2286) is
amended by striking ``entered into prior to fiscal year 2000''
and inserting ``entered into on a date that is at least 17
fiscal years before the current fiscal year''.
SEC. 825. ELIMINATION OF COST UNDERRUNS AS FACTOR IN CALCULATION OF
PENALTIES FOR COST OVERRUNS.
(a) In General.--Section 828 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10
U.S.C. 2430 note) is amended--
(1) in subsection (a), by striking ``each fiscal
year beginning with fiscal year 2015'' and inserting
``each of fiscal years 2018 through 2022'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``or
underrun'';
(B) in paragraph (2)--
(i) by striking ``or underruns'';
and
(ii) by striking ``,Technology, and
Logistics'' and inserting ``and
Sustainment'';
(C) in paragraph (3)--
(i) by striking ``and cost
underruns''; and
(ii) by striking ``or underruns'';
and
(D) in paragraph (4), by striking ``,
except that the cost overrun penalty may not be
a negative amount'';
(3) by redesignating subsections (c) and (d) as
subsections (d) and (e), respectively;
(4) by inserting after subsection (b) the following
new subsection:
``(c) Total Cost Overrun Penalty.--Notwithstanding the
amount of a cost overrun penalty determined in (b), the total
cost overrun penalty for a military department (including any
cost overrun penalty for joint programs of military
departments) for a fiscal year may not exceed $50,000,000.'';
and
(5) in subsection (d) (as so redesignated)--
(A) in paragraph (1)--
(i) in the paragraph heading, by
inserting ``or procurement'' after
``evaluation'';
(ii) by striking ``each fiscal year
beginning with fiscal year 2015'' and
inserting ``each of fiscal years 2018
through 2022'';
(iii) by striking ``each research''
and inserting ``the research'';
(iv) by striking ``evaluation
account'' and inserting ``evaluation or
procurement accounts''; and
(v) by striking ``percentage'' and
inserting ``amount''; and
(B) in paragraph (2)--
(i) in the paragraph heading, by
striking ``amount'' and inserting
``amounts'';
(ii) by striking ``percentage
reduction'' and inserting
``reductions'';
(iii) by striking ``evaluation
accounts'' and inserting ``evaluation
or procurement accounts'';
(iv) by striking ``paragraph (1) is
the percentage reduction'' and
inserting ``paragraph (1) are the
reductions''; and
(v) by inserting ``, when
combined,'' after ``equal''.
(b) 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. 826. MODIFICATION TO ANNUAL MEETING REQUIREMENT OF CONFIGURATION
STEERING BOARDS.
Section 814(c)(4) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122
Stat. 4529; 10 U.S.C. 2430 note) is amended--
(1) by striking ``The Secretary'' and inserting
``(A) Annual meeting.--Except as provided
in subparagraph (B), the Secretary''; and
(2) by adding at the end the following new
subparagraph:
``(B) Exception.--If the service
acquisition executive of the military
department concerned determines, in writing,
that there have been no changes to the program
requirements of a major defense acquisition
program during the preceding year, the
Configuration Steering Board for such major
defense acquisition program is not required to
meet as described in subparagraph (A).''.
SEC. 827. PILOT PROGRAM ON PAYMENT OF COSTS FOR DENIED GOVERNMENT
ACCOUNTABILITY OFFICE BID PROTESTS.
(a) Pilot Program Required.--The Secretary of Defense shall
carry out a pilot program to determine the effectiveness of
requiring contractors to reimburse the Department of Defense
for costs incurred in processing covered protests.
(b) Duration.--The pilot program shall--
(1) begin on the date that is two years after the
date of the enactment of this Act; and
(2) end on the date that is five years after the
date of the enactment of this Act.
(c) Report.--Not later than 90 days after the date on which
the pilot program under subsection (a) ends, the Secretary
shall provide a report to the Committees on Armed Services of
the House of Representatives and the Senate assessing the
feasibility of making permanent such pilot program.
(d) Covered Protest Defined.--In this section, the term
``covered protest'' means a bid protest that was--
(1) denied in an opinion issued by the Government
Accountability Office;
(2) filed by a party with revenues in excess of
$250,000,000 (based on fiscal year 2017 constant
dollars) during the previous year; and
(3) filed on or after October 1, 2019 and on or
before September 30, 2022.
Subtitle C--Provisions Relating to Major Defense Acquisition Programs
SEC. 831. REVISIONS TO DEFINITION OF MAJOR DEFENSE ACQUISITION PROGRAM.
Section 2430(a) of title 10, United States Code, is
amended--
(1) in paragraph (1)(B), by inserting ``in the case
of a program that is not a program for the acquisition
of an automated information system (either a product or
a service),'' after ``(B)''; and
(2) in paragraph (2)--
(A) by striking ``does not include an
acquisition program'' and inserting the
following: ``does not include--
``(A) an acquisition program''; and
(B) by striking the period at the end and
inserting the following: ``; or
``(B) an acquisition program for a defense business
system (as defined in section 2222(i)(1) of this title)
carried out using the acquisition guidance issued
pursuant to section 883(e) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-
92; 10 U.S.C. 2223a note).''.
SEC. 832. PROHIBITION ON USE OF LOWEST PRICE TECHNICALLY ACCEPTABLE
SOURCE SELECTION PROCESS FOR MAJOR DEFENSE
ACQUISITION PROGRAMS.
(a) Prohibition.--
(1) In general.--Chapter 144 of title 10, United
States Code, is amended by inserting after section 2441
the following new section:
``Sec. 2442. Prohibition on use of lowest price technically acceptable
source selection process
``(a) In General.--The Department of Defense shall not use
a lowest price technically acceptable source selection process
for the engineering and manufacturing development contract of a
major defense acquisition program.
``(b) Definitions.--In this section:
``(1) Lowest price technically acceptable source
selection process.--The term `lowest price technically
acceptable source selection process' has the meaning
given that term in part 15 of the Federal Acquisition
Regulation.
``(2) Major defense acquisition program.--The term
`major defense acquisition program' has the meaning
given that term in section 2430 of this title.
``(3) Engineering and manufacturing development
contract.--The term `engineering and manufacturing
development contract' means a prime contract for the
engineering and manufacturing development of a major
defense acquisition program.''.
(2) Clerical amendment.--The table of sections at
the beginning of such chapter 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.
SEC. 833. ROLE OF THE CHIEF OF THE ARMED FORCE IN MATERIAL DEVELOPMENT
DECISION AND ACQUISITION SYSTEM MILESTONES.
Section 2547(b) of title 10, United States Code, is
amended--
(1) by striking ``The Secretary'' and inserting
``(1) The Secretary''; and
(2) by adding at the end the following new
paragraph:
``(2) Consistent with the performance of duties under
subsection (a), the Chief of the armed force concerned, or in
the case of a joint program the chiefs of the armed forces
concerned, with respect to major defense acquisition programs,
shall--
``(A) concur with the need for a material solution
as identified in the Material Development Decision
Review prior to entry into the Material Solution
Analysis Phase under Department of Defense Instruction
5000.02;
``(B) concur with the cost, schedule, technical
feasibility, and performance trade-offs that have been
made with regard to the program before Milestone A
approval is granted under section 2366a of this title;
``(C) concur that appropriate trade-offs among
cost, schedule, technical feasibility, and performance
objectives have been made to ensure that the program is
affordable when considering the per unit cost and the
total life-cycle cost before Milestone B approval is
granted under section 2366b of this title; and
``(D) concur that the requirements in the program
capability document are necessary and realistic in
relation to program cost and fielding targets as
required by paragraph (1) before Milestone C approval
is granted.''.
SEC. 834. REQUIREMENT TO EMPHASIZE RELIABILITY AND MAINTAINABILITY IN
WEAPON SYSTEM DESIGN.
(a) Sustainment Factors in Weapon System Design.--
(1) In general.--Chapter 144 of title 10, United
States Code, as amended by section 832, is further
amended by adding at the end the following new section:
``Sec. 2443. Sustainment factors in weapon system design
``(a) In General.--The Secretary of Defense shall ensure
that the defense acquisition system gives ample emphasis to
sustainment factors, particularly those factors that are
affected principally by the design of a weapon system, in the
development of a weapon system.
``(b) Requirements Process.--The Secretary shall ensure
that reliability and maintainability are included in the
performance attributes of the key performance parameter on
sustainment during the development of capabilities
requirements.
``(c) Solicitation and Award of Contracts.--
``(1) Requirement.--The program manager of a weapon
system shall include in the solicitation for and terms
of a covered contract for the weapon system clearly
defined and measurable requirements for engineering
activities and design specifications for reliability
and maintainability.
``(2) Exception.--If the program manager determines
that engineering activities and design specifications
for reliability or maintainability should not be a
requirement in a covered contract or a solicitation for
such a contract, the program manager shall document in
writing the justification for the decision.
``(3) Source selection criteria.--The Secretary
shall ensure that sustainment factors, including
reliability and maintainability, are given ample
emphasis in the process for source selection. The
Secretary shall encourage the use of objective
reliability and maintainability criteria in the
evaluation of competitive proposals.
``(d) Contract Performance.--
``(1) In general.--The Secretary shall ensure that
the Department of Defense uses best practices for
responding to the positive or negative performance of a
contractor in meeting the sustainment requirements of a
covered contract for a weapon system. The Secretary
shall encourage the use of incentive fees and penalties
as appropriate and authorized in paragraph (2) in all
covered contracts for weapons systems.
``(2) Authority for incentive fees and penalties.--
The Secretary of Defense is authorized to include in
any covered contract provisions for the payment of
incentive fees to the contractor based on achievement
of design specification requirements for reliability
and maintainability of weapons systems under the
contract, or the imposition of penalties to be paid by
the contractor to the Government for failure to achieve
such design specification requirements. Information
about such fees or penalties shall be included in the
solicitation for any covered contract that includes
such fees or penalties.
``(3) Measurement of reliability and
maintainability.--In carrying out paragraph (2), the
program manager shall base determinations of a
contractor's performance on reliability and
maintainability data collected during the program. Such
data collection and associated evaluation metrics shall
be described in detail in the covered contract. To the
maximum extent practicable, such data shall be shared
with appropriate contractor and government
organizations.
``(4) Notification.--The Secretary of Defense shall
notify the congressional defense committees upon
entering into a covered contract that includes
incentive fees or penalties authorized in paragraph
(2).
``(e) Covered Contract Defined.--In this section, the term
`covered contract', with respect to a weapon system, means a
contract--
``(1) for the engineering and manufacturing
development of a weapon system, including embedded
software; or
``(2) for the production of a weapon system,
including embedded software.''.
(2) Clerical amendment.--The table of sections at
the beginning of subchapter I of such chapter, as
amended by section 832, is further amended by adding at
the end the following new item:
``2443. Sustainment factors in weapon system design.''.
(b) Effective Date for Certain Provisions.--Subsections (c)
and (d) of section 2443 of title 10, United States Code, as
added by subsection (a), shall apply with respect to any
covered contract (as defined in that section) for which the
contract solicitation is issued on or after the date occurring
one year after the date of the enactment of this Act.
(c) Engineering Change Authorized.--Subject to the
availability of appropriations, the Secretary of Defense may
fund engineering changes to the design of a weapon system in
the engineering and manufacturing development phase or in the
production phase of an acquisition program to improve
reliability or maintainability of the weapon system and reduce
projected operating and support costs.
SEC. 835. LICENSING OF APPROPRIATE INTELLECTUAL PROPERTY TO SUPPORT
MAJOR WEAPON SYSTEMS.
(a) Negotiation of Price for Technical Data Before
Development or Production of Major Weapon System.--
(1) Requirement.--Chapter 144 of title 10, United
States Code, is amended by inserting after section 2438
the following new section:
``Sec. 2439. Negotiation of price for technical data before development
or production of major weapon systems
``The Secretary of Defense shall ensure that the Department
of Defense, before selecting a contractor for the engineering
and manufacturing development of a major weapon system, or for
the production of a major weapon system, negotiates a price for
technical data to be delivered under a contract for such
development or production.''.
(2) Clerical amendment.--The table of sections at
the beginning of such chapter is amended by inserting
after the item relating to section 2438 the following
new item:
``2439. Negotiation of price for technical data before development or
production of major weapon systems.''.
(3) Effective date.--Section 2439 of title 10,
United States Code, as added by paragraph (1), shall
apply with respect to any contract for engineering and
manufacturing development of a major weapon system, or
for the production of a major weapon system, for which
the contract solicitation is issued on or after the
date occurring one year after the date of the enactment
of this Act.
(b) Written Determination for Milestone B Approval.--
(1) In general.--Subsection (a)(3) of section 2366b
of title 10, United States Code, is amended--
(A) by striking ``and'' at the end of
subparagraph (M); and
(B) by inserting after subparagraph (N) the
following new subparagraph:
``(O) appropriate actions have been taken
to negotiate and enter into a contract or
contract options for the technical data
required to support the program; and''.
(2) Effective date.--Section 2366b(a)(3)(O) of
title 10, United States Code, as added by paragraph
(1), shall apply with respect to any major defense
acquisition program receiving Milestone B approval on
or after the date occurring one year after the date of
the enactment of this Act.
(c) Preference for Negotiation of Customized License
Agreements.--Section 2320 of title 10, United States Code, is
amended--
(1) by redesignating subsections (f) and (g) as
subsections (g) and (h), respectively; and
(2) by inserting after subsection (e) the following
new subsection (f):
``(f) Preference for Specially Negotiated Licenses.--The
Secretary of Defense shall, to the maximum extent practicable,
negotiate and enter into a contract with a contractor for a
specially negotiated license for technical data to support the
product support strategy of a major weapon system or subsystem
of a major weapon system. In performing the assessment and
developing the corresponding strategy required under subsection
(e) for such a system or subsystem, a program manager shall
consider the use of specially negotiated licenses to acquire
customized technical data appropriate for the particular
elements of the product support strategy.''.
SEC. 836. CODIFICATION OF REQUIREMENTS PERTAINING TO ASSESSMENT,
MANAGEMENT, AND CONTROL OF OPERATING AND SUPPORT
COSTS FOR MAJOR WEAPON SYSTEMS.
(a) Codification and Amendment.--
(1) In general.--Chapter 137 of title 10, United
States Code, is amended by inserting after section 2337
the following new section:
``Sec. 2337a. Assessment, management, and control of operating and
support costs for major weapon systems
``(a) Guidance Required.--The Secretary of Defense shall
issue and maintain guidance on actions to be taken to assess,
manage, and control Department of Defense costs for the
operation and support of major weapon systems.
``(b) Elements.--The guidance required by subsection (a)
shall, at a minimum--
``(1) be issued in conjunction with the
comprehensive guidance on life-cycle management and the
development and implementation of product support
strategies for major weapon systems required by section
2337 of this title;
``(2) require the military departments to retain
each estimate of operating and support costs that is
developed at any time during the life cycle of a major
weapon system, together with supporting documentation
used to develop the estimate;
``(3) require the military departments to update
estimates of operating and support costs periodically
throughout the life cycle of a major weapon system, to
determine whether preliminary information and
assumptions remain relevant and accurate, and identify
and record reasons for variances;
``(4) establish policies and procedures for the
collection, organization, maintenance, and availability
of standardized data on operating and support costs for
major weapon systems in accordance with section 2222 of
this title;
``(5) establish standard requirements for the
collection and reporting of data on operating and
support costs for major weapon systems by contractors
performing weapon system sustainment functions in an
appropriate format, and develop contract clauses to
ensure that contractors comply with such requirements;
``(6) require the military departments--
``(A) to collect and retain data from
operational and developmental testing and
evaluation on the reliability and
maintainability of major weapon systems; and
``(B) to use such data to inform system
design decisions, provide insight into
sustainment costs, and inform estimates of
operating and support costs for such systems;
``(7) require the military departments to ensure
that sustainment factors are fully considered at key
life-cycle management decision points and that
appropriate measures are taken to reduce operating and
support costs by influencing system design early in
development, developing sound sustainment strategies,
and addressing key drivers of costs;
``(8) require the military departments to conduct
an independent logistics assessment of each major
weapon system prior to key acquisition decision points
(including milestone decisions) to identify features
that are likely to drive future operating and support
costs, changes to system design that could reduce such
costs, and effective strategies for managing such
costs;
``(9) include--
``(A) reliability metrics for major weapon
systems; and
``(B) requirements on the use of metrics
under subparagraph (A) as triggers--
``(i) to conduct further
investigation and analysis into drivers
of those metrics; and
``(ii) to develop strategies for
improving reliability, availability,
and maintainability of such systems at
an affordable cost; and
``(10) require the military departments to conduct
periodic reviews of operating and support costs of
major weapon systems after such systems achieve initial
operational capability to identify and address factors
resulting in growth in operating and support costs and
adapt support strategies to reduce such costs.
``(c) Retention of Data on Operating and Support Costs.--
``(1) In general.--The Director of Cost Assessment
and Program Evaluation shall be responsible for
developing and maintaining a database on operating and
support estimates, supporting documentation, and actual
operating and support costs for major weapon systems.
``(2) Support.--The Secretary of Defense shall
ensure that the Director, in carrying out such
responsibility--
``(A) promptly receives the results of all
cost estimates and cost analyses conducted by
the military departments with regard to
operating and support costs of major weapon
systems;
``(B) has timely access to any records and
data of the military departments (including
classified and proprietary information) that
the Director considers necessary to carry out
such responsibility; and
``(C) with the concurrence of the Under
Secretary of Defense for Acquisition and
Sustainment, may direct the military
departments to collect and retain information
necessary to support the database.
``(d) Major Weapon System Defined.--In this section, the
term `major weapon system' has the meaning given that term in
section 2379(f) of title 10, United States Code.''.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 137 of such title is amended
by adding after the item relating to section 2337 the
following new item:
``2337a. Assessment, management, and control of operating and support
costs for major weapon systems.''.
(b) Repeal of Superseded Section.--
(1) Repeal.--Section 832 of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-
81; 10 U.S.C. 2430 note) is repealed.
(2) Conforming amendment.--Section 2441(c) of title
10, United States Code, is amended by striking
``section 2337 of this title'' and all that follows
through the period and inserting ``sections 2337 and
2337a of this title.''.
SEC. 837. SHOULD-COST MANAGEMENT.
(a) Requirement for Regulations.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Defense shall amend the Defense Supplement to the Federal
Acquisition Regulation to provide for the appropriate use of
the should-cost review process of a major weapon system in a
manner that is transparent, objective, and provides for the
efficiency of the systems acquisition process in the Department
of the Defense.
(b) Required Elements.--The regulations required under
subsection (a) shall incorporate, at a minimum, the following
elements:
(1) A description of the features of the should-
cost review process.
(2) Establishment of a process for communicating
with the prime contractor on the program the elements
of a proposed should-cost review.
(3) A method for ensuring that identified should-
cost savings opportunities are based on accurate,
complete, and current information and can be quantified
and tracked.
(4) A description of the training, skills, and
experience that Department of Defense and contractor
officials carrying out a should-cost review in
subsection (a) should possess.
(5) A method for ensuring appropriate collaboration
with the contractor throughout the review process.
(6) Establishment of review process requirements
that provide for sufficient analysis and minimize any
impact on program schedule.
SEC. 838. IMPROVEMENTS TO TEST AND EVALUATION PROCESSES AND TOOLS.
(a) Developmental Test Plan Sufficiency Assessments.--
(1) Addition to milestone b brief summary report.--
Section 2366b(c)(1) of title 10, United States Code, is
amended--
(A) by redesignating subparagraph (G) as
subparagraph (H); and
(B) by inserting after subparagraph (F) the
following new subparagraph (G):
``(G) An assessment of the sufficiency of
developmental test and evaluation plans,
including the use of automated data analytics
or modeling and simulation tools and
methodologies.''.
(2) Addition to milestone c brief summary report.--
Section 2366c(a) of such title is amended by inserting
after paragraph (3) the following new paragraph:
``(4) An assessment of the sufficiency of the
developmental test and evaluation completed, including
the use of automated data analytics or modeling and
simulation tools and methodologies.''.
(3) Responsibility for conducting assessments.--For
purposes of the sufficiency assessments required by
section 2366b(c)(1) and section 2366c(a)(4) of such
title, as added by paragraphs (1) and (2), with respect
to a major defense acquisition program--
(A) if the milestone decision authority for
the program is the service acquisition
executive of the military department that is
managing the program, the sufficiency
assessment shall be conducted by the senior
official within the military department with
responsibility for developmental testing; and
(B) if the milestone decision authority for
the program is the Under Secretary of Defense
for Acquisition and Sustainment, the
sufficiency assessment shall be conducted by
the senior Department of Defense official with
responsibility for developmental testing.
(4) Guidance required.--Within one year after the
date of the enactment of this Act, the senior
Department of Defense official with responsibility for
developmental testing shall develop guidance for the
sufficiency assessments required by section 2366b(c)(1)
and section 2366c(a)(4) of title 10, United States
Code, as added by paragraphs (1) and (2). At a minimum,
the guidance shall require--
(A) for the sufficiency assessment required
by section 2366b(c)(1) of such title, that the
assessment address the sufficiency of--
(i) the developmental test and
evaluation plan;
(ii) the developmental test and
evaluation schedule, including a
comparison to historic analogous
systems;
(iii) the developmental test and
evaluation resources (facilities,
personnel, test assets, data analytics
tools, and modeling and simulation
capabilities);
(iv) the risks of developmental
test and production concurrency; and
(v) the developmental test criteria
for entering the production phase; and
(B) for the sufficiency assessment required
by section 2366c(a)(4) of such title, that the
assessment address--
(i) the sufficiency of the
developmental test and evaluation
completed;
(ii) the sufficiency of the plans
and resources available for remaining
developmental test and evaluation;
(iii) the risks identified during
developmental testing to the production
and deployment phase;
(iv) the sufficiency of the plans
and resources for remaining
developmental test and evaluation; and
(v) the readiness of the system to
perform scheduled initial operational
test and evaluation.
(b) Evaluation of Department of Defense Need for
Centralized Tools for Developmental Test and Evaluation.--The
Secretary of Defense shall evaluate the strategy of the
Department of Defense for developing and expanding the use of
tools designed to facilitate the cost effectiveness and
efficiency of developmental testing, including automated test
methods and tools, modeling and simulation tools, and data
analytics technologies. The evaluation shall include a
determination of the appropriate role of the senior Department
of Defense official with responsibility for developmental
testing in developing enterprise level strategies related to
such types of testing tools.
SEC. 839. ENHANCEMENTS TO TRANSPARENCY IN TEST AND EVALUATION PROCESSES
AND DATA.
(a) Additional Test and Evaluation Duties of Military
Secretaries and Defense Agency Heads.--
(1) Report on comparison of operational test and
evaluation results to legacy items or components.--
Concurrent with the submission of a report required
under section 2399(b)(2) of title 10, United States
Code, the Secretary of a military department or the
head of a Defense Agency may provide to the
congressional defense committees and the Secretary of
Defense a report describing of the performance of the
items or components evaluated as part of the
operational test and evaluation for each major defense
acquisition program conducted under such section by the
Director of Operational Test and Evaluation in relation
to comparable legacy items or components, if such items
or components exist and relevant data are available
without requiring additional testing.
(2) Additional report on operational test and
evaluation activities.--Within 45 days after the
submission of an annual report required by section
139(h) of title 10, United States Code, the Secretaries
of the military departments may each submit to the
congressional defense committees a report addressing
any concerns related to information included in the
annual report, or providing updated or additional
information, as appropriate.
(b) Requirements for Collection of Cost Data on Test and
Evaluation.--
(1) In general.--Not later than one year after the
date of the enactment of this Act and subject to
paragraph (2), the Director of Operational Test and
Evaluation, the senior official of the Department of
Defense with responsibility for developmental testing,
and the Director of the Test Resource Management Center
shall jointly develop policies, procedures, guidance,
and a method to collect data that ensures that
consistent and high quality data are collected on the
full range of estimated and actual developmental, live
fire, and operational testing costs for major defense
acquisition programs.
(2) Concurrence and coordination required.--Before
implementing the policies, procedures, guidance, and
method developed under paragraph (1), the Director of
Operational Test and Evaluation, the senior official of
the Department of Defense with responsibility for
developmental testing, and the Director of the Test
Resource Management Center shall--
(A) obtain the concurrence of the Director
for Cost Assessment and Program Evaluation; and
(B) coordinate with the Secretaries of the
military departments.
(3) Data requirements.--
(A) Electronic database.--Data on estimated
and actual developmental, live fire, and
operational testing costs shall be maintained
in an electronic database maintained by the
Director for Cost Assessment and Program
Evaluation or another appropriate official of
the Department of Defense, and shall be made
available for analysis by testing, acquisition,
and other appropriate officials of the
Department of Defense, as determined by the
Director of Operational Test and Evaluation,
the senior official of the Department of
Defense with responsibility for developmental
testing, or the Director of the Test Resource
Management Center.
(B) Diaggregation by costs.--To the maximum
extent practicable, data collected under this
subsection shall be set forth separately by
costs for developmental testing, operational
testing, and training.
(c) Major Defense Acquisition Program Defined.--In this
section, the term ``major defense acquisition program'' has the
meaning provided in section 2430 of title 10, United States
Code.
Subtitle D--Provisions Relating to Acquisition Workforce
SEC. 841. ENHANCEMENTS TO THE CIVILIAN PROGRAM MANAGEMENT WORKFORCE.
(a) Establishment of Program Manager Development Program.--
(1) In general.--The Secretary of Defense, in
consultation with the Secretaries of the military
departments, shall implement a program manager
development program to provide for the professional
development of high-potential, experienced civilian
personnel. Personnel shall be competitively selected
for the program based on their potential to become a
program manager of a major defense acquisition program,
as defined in section 2430 of title 10, United States
Code. The program shall be administered and overseen by
the Secretary of each military department, acting
through the service acquisition executive for the
department concerned.
(2) Plan required.--Not later than one year after
the date of the enactment of this Act, the Secretary of
Defense shall provide to the Committees on Armed
Services of the Senate and the House of Representatives
a comprehensive plan to implement the program
established under paragraph (1). In developing the
plan, the Secretary of Defense shall seek the input of
relevant external parties, including professional
associations, other government entities, and industry.
The plan shall include the following elements:
(A) An assessment of the minimum level of
subject matter experience, education, years of
experience, certifications, and other
qualifications required to be selected into the
program, set forth separately for current
Department of Defense employees and for
personnel hired into the program from outside
the Department of Defense.
(B) A description of hiring flexibilities
to be used to recruit qualified personnel from
outside the Department of Defense.
(C) A description of the extent to which
mobility agreements will be required to be
signed by personnel selected for the program
during their participation in the program and
after their completion of the program. The use
of mobility agreements shall be applied to help
maximize the flexibility of the Department of
Defense in assigning personnel, while not
inhibiting the participation of the most
capable candidates.
(D) A description of the tenure obligation
required of personnel selected for the program.
(E) A plan for training during the course
of the program, including training in
leadership, program management, engineering,
finance and budgeting, market research,
business acumen, contracting, supplier
management, requirement setting and tradeoffs,
intellectual property matters, and software.
(F) A description of career paths to be
followed by personnel in the program in order
to ensure that personnel in the program gain
expertise in the program management functional
career field competencies identified by the
Department in existing guidance and the topics
listed in subparagraph (E), including--
(i) a determination of the types of
advanced educational degrees that
enhance program management skills and
the mechanisms available to the
Department of Defense to facilitate the
attainment of those degrees by
personnel in the program;
(ii) a determination of required
assignments to positions within
acquisition programs, including
position type and acquisition category
of the program office;
(iii) a determination of required
or encouraged rotations to career
broadening positions outside of
acquisition programs; and
(iv) a determination of how the
program will ensure the opportunity for
a required rotation to industry of at
least six months to develop an
understanding of industry motivation
and business acumen, such as by
developing an industry exchange program
for civilian program managers, similar
to the Corporate Fellows Program of the
Secretary of Defense.
(G) A general description of the number of
personnel anticipated to be selected into the
program, how frequently selections will occur,
how long personnel selected into the program
will participate in the program, and how
personnel will be placed into an assignment at
the completion of the program.
(H) A description of benefits that will be
offered under the program using existing human
capital flexibilities to retain qualified
employees, such as student loan repayments,
bonuses, or pay banding.
(I) An assessment of personnel
flexibilities needed to allow the military
departments and the Defense Agencies to
reassign or remove program managers that do not
perform effectively.
(J) A description of how the program will
be administered and overseen by the Secretaries
of each military department, acting through the
service acquisition executive for the
department concerned.
(K) A description of how the program will
be integrated with existing program manager
development efforts at each military
department.
(3) Use of defense acquisition workforce
development fund.--Amounts in the Department of Defense
Acquisition Workforce Development Fund (established
under section 1705 of title 10, United States Code) may
be used to pay the base salary of personnel in the
program established under paragraph (1) during the
period of time such personnel are temporarily assigned
to a developmental rotation or training program
anticipated to last at least six months.
(4) Implementation.--The program established under
paragraph (1) shall be implemented not later than
September 30, 2019.
(b) Independent Study of Incentives for Program Managers.--
(1) Requirement for study.--Not later than 30 days
after the date of the enactment of this Act, the
Secretary of Defense shall enter into a contract with
an independent research entity described in paragraph
(2) to carry out a comprehensive study of incentives
for Department of Defense civilian and military program
managers for major defense acquisition programs,
including--
(A) additional pay options for program
managers to provide incentives to senior
civilian employees and military officers to
accept and remain in program manager roles;
(B) a financial incentive structure to
reward program managers for delivering
capabilities on budget and on time; and
(C) a comparison between financial and non-
financial incentive structures for program
managers in the Department of Defense and an
appropriate comparison group of private
industry companies.
(2) Independent research entity.--The entity
described in this subsection is an independent research
entity that is a not-for-profit entity or a federally
funded research and development center with appropriate
expertise and analytical capability.
(3) Reports.--
(A) To secretary.--Not later than nine
months after the date of the enactment of this
Act, the independent research entity shall
provide to the Secretary a report containing--
(i) the results of the study
required by paragraph (1); and
(ii) such recommendations to
improve the financial incentive
structure of program managers for major
defense acquisition programs as the
independent research entity considers
to be appropriate.
(B) To congress.--Not later than 30 days
after receipt of the report under subparagraph
(A), the Secretary of Defense shall submit such
report, together with any additional views or
recommendations of the Secretary, to the
congressional defense committees.
SEC. 842. CREDITS TO DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE
DEVELOPMENT FUND.
Section 1705(d)(2)(D) of title 10, United States Code, is
amended to read as follows:
``(D) The Secretary of Defense may adjust the
amount specified in subparagraph (C) for a fiscal year
if the Secretary determines that the amount is greater
or less than reasonably needed for purposes of the Fund
for such fiscal year. The Secretary may not adjust the
amount for a fiscal year to an amount that is more than
$600,000,000 or less than $400,000,000.''.
SEC. 843. IMPROVEMENTS TO THE HIRING AND TRAINING OF THE ACQUISITION
WORKFORCE.
(a) Use of Funds From the Defense Acquisition Workforce
Development Fund to Pay Salaries of Personnel to Manage the
Fund.--
(1) In general.--Subsection 1705(e) of title 10,
United States Code, is amended--
(A) in paragraph (1)--
(i) by inserting ``(A)'' before
``Subject to the provisions of this
subsection''; and
(ii) by adding at the end the
following new subparagraph:
``(B) Amounts in the Fund also may be used to pay
salaries of personnel at the Office of the Secretary of
Defense, military departments, and Defense Agencies to
manage the Fund.''; and
(B) in paragraph (3)--
(i) by striking ``and'' at the end
of subparagraph (C);
(ii) by striking the period and
inserting ``; and'' at the end of
subparagraph (D); and
(iii) by adding at the end the
following new subparagraph:
``(E) describing the amount from the Fund
that may be used to pay salaries of personnel
at the Office of the Secretary of Defense,
military departments, and Defense Agencies to
manage the Fund and the circumstances under
which such amounts may be used for such
purpose.''.
(2) Guidance.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
Defense shall issue, and submit to the congressional
defense committees, the policy guidance required by
subparagraph (E) of section 1705(e)(3) of title 10,
United States Code, as added by paragraph (1).
(b) Comptroller General Review of Effectiveness of Hiring
and Retention Flexibilities for Acquisition Workforce
Personnel.--
(1) In general.--Not later than June 30, 2019, the
Comptroller General of the United States shall submit
to the congressional defense committees a report on the
effectiveness of hiring and retention flexibilities for
the acquisition workforce.
(2) Elements.--The report under this subsection
shall include the following:
(A) A determination of the extent to which
the Department of Defense experiences
challenges with recruitment and retention of
the acquisition workforce, such as post-
employment restrictions.
(B) A description of the hiring and
retention flexibilities available to the
Department to fill civilian acquisition
positions and the extent to which the
Department has used the flexibilities available
to it to target critical or understaffed career
fields.
(C) A determination of the extent to which
the Department has the necessary data and
metrics on its use of hiring and retention
flexibilities for the civilian acquisition
workforce to strategically manage the use of
such flexibilities.
(D) An identification of the factors that
affect the use of hiring and retention
flexibilities for the civilian acquisition
workforce.
(E) Recommendations for any necessary
changes to the hiring and retention
flexibilities available to the Department to
fill civilian acquisition positions.
(F) A description of the flexibilities
available to the Department to remove
underperforming members of the acquisition
workforce and the extent to which any such
flexibilities are used.
(c) Assessment and Report Required on Business-related
Training for the Acquisition Workforce.--
(1) Assessment.--The Under Secretary of Defense for
Acquisition and Sustainment shall conduct an assessment
of the following:
(A) The effectiveness of industry
certifications, other industry training
programs, including fellowships, and training
and education programs at educational
institutions outside of the Defense Acquisition
University available to defense acquisition
workforce personnel.
(B) Gaps in knowledge of industry
operations, industry motivation, and business
acumen in the acquisition workforce.
(2) Report.--Not later than December 31, 2018, the
Under Secretary shall submit to the Committees on Armed
Services of the Senate and the House of Representatives
a report containing the results of the assessment
conducted under this subsection.
(3) Elements.--The assessment and report under
paragraphs (1) and (2) shall address the following:
(A) Current sources of training and career
development opportunities, industry rotations,
and other career development opportunities
related to knowledge of industry operations,
industry motivation, and business acumen for
each acquisition position, as designated under
section 1721 of title 10, United States Code.
(B) Gaps in training, industry rotations,
and other career development opportunities
related to knowledge of industry operations,
industry motivation, and business acumen for
each such acquisition position.
(C) Plans to address those gaps for each
such acquisition position.
(D) Consideration of the role industry-
taught classes and classes taught at
educational institutions outside of the Defense
Acquisition University could play in addressing
gaps.
(d) Comptroller General Review of Acquisition Training for
Non-acquisition Workforce Personnel.--
(1) In general.--Not later than June 30, 2019, the
Comptroller General of the United States shall submit
to the congressional defense committees a report on
acquisition-related training for personnel working on
acquisitions but not considered to be part of the
acquisition workforce (as defined in section 101(18) of
title 10, United States Code) (hereafter in this
subsection referred to as ``non-acquisition workforce
personnel'').
(2) Elements.--The report shall address the
following:
(A) The extent to which non-acquisition
workforce personnel play a significant role in
defining requirements, conducting market
research, participating in source selection and
contract negotiation efforts, and overseeing
contract performance.
(B) The extent to which the Department is
able to identify and track non-acquisition
workforce personnel performing the roles
identified in subparagraph (A).
(C) The extent to which non-acquisition
workforce personnel are taking acquisition
training.
(D) The extent to which the Defense
Acquisition Workforce Development Fund has been
used to provide acquisition training to non-
acquisition workforce personnel.
(E) A description of sources of funding
other than the Fund that are available to and
used by the Department to provide non-
acquisition workforce personnel with
acquisition training.
(F) The extent to which additional
acquisition training is needed for non-
acquisition workforce personnel, including the
types of training needed, the positions that
need the training, and any challenges to
delivering necessary additional training.
SEC. 844. EXTENSION AND MODIFICATIONS TO ACQUISITION DEMONSTRATION
PROJECT.
(a) Extension.--Section 1762(g) of title 10, United States
Code, is amended by striking ``December 31, 2020'' and
inserting ``December 31, 2023''.
(b) Increase in Limit on Number of Participants.--Section
1762(c) of title 10, United States Code, is amended by striking
``the demonstration project under this section may not exceed
120,000'' and inserting ``at any one time the demonstration
project under this section may not exceed 130,000''.
(c) Implementation Strategy for Improvements in Acquisition
Demonstration Project.--
(1) Strategy required.--The Secretary of Defense
shall develop an implementation strategy to address
areas for improvement in the demonstration project
required by section 1762 of title 10, United States
Code, as identified in the second assessment of such
demonstration project required by section 1762(e) of
such title.
(2) Elements.--The strategy shall include the
following elements:
(A) Actions that have been or will be taken
to assess whether the flexibility to set
starting salaries at different levels is being
used appropriately by supervisors and managers
to compete effectively for highly skilled and
motivated employees.
(B) Actions that have been or will be taken
to assess reasons for any disparities in career
outcomes across race and gender for employees
in the demonstration project.
(C) Actions that have been or will be taken
to strengthen the link between employee
contribution and compensation for employees in
the demonstration project.
(D) Actions that have been or will be taken
to enhance the transparency of the pay system
for employees in the demonstration project.
(E) A time frame and individual responsible
for each action identified under subparagraphs
(A) through (D).
(3) Briefing required.--Not later than one year
after the date of the enactment of this Act, the
Secretary of Defense shall provide a briefing to the
Committees on Armed Services of the Senate and House of
Representatives and the Committee on Oversight and
Government Reform of the House of Representatives on
the implementation strategy required by paragraph (1).
Subtitle E--Provisions Relating to Commercial Items
SEC. 846. PROCUREMENT THROUGH COMMERCIAL E-COMMERCE PORTALS.
(a) Establishment of Program.--The Administrator shall
establish a program to procure commercial products through
commercial e-commerce portals for purposes of enhancing
competition, expediting procurement, enabling market research,
and ensuring reasonable pricing of commercial products. The
Administrator shall carry out the program in accordance with
this section, through multiple contracts with multiple
commercial e-commerce portal providers, and shall design the
program to be implemented in phases with the objective of
enabling Government-wide use of such portals.
(b) Use of Program.--The head of a department or agency may
procure, as appropriate, commercial products for the department
or agency using the program established pursuant to subsection
(a).
(c) Implementation and Reporting Requirements.--The
Director of the Office of Management and Budget, in
consultation with the Administrator and the heads of other
relevant departments and agencies, shall carry out the
implementation phases set forth in, and submit to the
appropriate congressional committees the items of information
required by, the following paragraphs:
(1) Phase i: implementation plan.--Not later than
90 days after the date of the enactment of this Act, an
implementation plan and schedule for carrying out the
program established pursuant to subsection (a),
including a discussion and recommendations regarding
whether any changes to, or exemptions from, laws that
set forth policies, procedures, requirements, or
restrictions for the procurement of property or
services by the Federal Government are necessary for
effective implementation of this section.
(2) Phase ii: market analysis and consultation.--
Not later than one year after the date of the
submission of the implementation plan and schedule
required under paragraph (1), recommendations for any
changes to, or exemptions from, laws necessary for
effective implementation of this section, and
information on the results of the following actions:
(A) Market analysis and initial
communications with potential commercial e-
commerce portal providers on technical
considerations of how the portals function
(including the use of standard terms and
conditions of the portals by the Government),
the degree of customization that can occur
without creating a Government-unique portal,
the measures necessary to address the
considerations for supplier and product
screening specified in subsection (e), security
of data, considerations pertaining to
nontraditional Government contractors, and
potential fees, if any, to be charged by the
Administrator, the portal provider, or the
suppliers for participation in the program
established pursuant to subsection (a).
(B) Consultation with affected departments
and agencies about their unique procurement
needs, such as supply chain risks for health
care products, information technology,
software, or any other category determined
necessary by the Administrator.
(C) An assessment of the products or
product categories that are suitable for
purchase on the commercial e-commerce portals.
(D) An assessment of the precautions
necessary to safeguard any information
pertaining to the Federal Government,
especially precautions necessary to protect
against national security or cybersecurity
threats.
(E) A review of standard terms and
conditions of commercial e-commerce portals in
the context of Government requirements.
(F) An assessment of the impact on existing
programs, including schedules, set-asides for
small business concerns, and other preference
programs.
(3) Phase iii: program implementation guidance.--
Not later than two years after the date of the
submission of the implementation plan and schedule
required under paragraph (1), guidance to implement and
govern the use of the program established pursuant to
subsection (a), including protocols for oversight of
procurement through the program, and compliance with
laws pertaining to supplier and product screening
requirements, data security, and data analytics.
(4) Additional implementation phases.--A
description of additional implementation phases, as
determined by the Administrator, that includes a
selection of agencies to participate in any such
additional implementation phase (which may include the
award of contracts to multiple commercial e-commerce
portal providers).
(d) Considerations for Commercial e-commerce Portals.--The
Administrator shall consider commercial e-commerce portals for
use under the program established pursuant to subsection (a)
that are widely used in the private sector and have or can be
configured to have features that facilitate the execution of
program objectives, including features related to supplier and
product selection that are frequently updated, an assortment of
product and supplier reviews, invoicing payment, and customer
service.
(e) Information on Suppliers, Products, and Purchases.--
(1) Supplier participation and product screening.--
The Administrator shall provide or ensure electronic
availability to a commercial e-commerce portal provider
awarded a contract pursuant to subsection (a) on a
periodic basis information necessary to ensure
compliance with laws pertaining to supplier and product
screening as identified during implementation phase
III, as described in subsection (c)(3).
(2) Provision of order information.--The
Administrator shall require each commercial e-commerce
portal provider awarded a contract pursuant to
subsection (a) to provide order information as
determined by the Administrator during implementation
phase II, as described in subsection (c)(2).
(f) Relationship to Other Provisions of Law.--
(1) All laws, including laws that set forth
policies, procedures, requirements, or restrictions for
the procurement of property or services by the Federal
Government, apply to the program established pursuant
to subsection (a) unless otherwise provided in this
section.
(2) A procurement of a product made through a
commercial e-commerce portal under the program
established pursuant to subsection (a) is deemed to be
an award of a prime contract for purposes of the goals
established under section 15(g) of the Small Business
Act (15 U.S.C. 644(g)), if the purchase is from a
supplier that is a small business concern.
(3) Nothing in this section shall be construed as
limiting the authority of a department or agency to
restrict competition to small business concerns.
(4) Nothing in this section shall be construed as
limiting the applicability of section 1341 of title 31,
United States Code (popularly referred to as the Anti-
Deficiency Act).
(g) Use of Commercial Practices and Standard Terms and
Conditions.--A procurement of a product through a commercial e-
commerce portal used under the program established pursuant to
subsection (a) shall be made, to the maximum extent
practicable, under the standard terms and conditions of the
portal relating to purchasing on the portal.
(h) Disclosure, Protection, and Use of Information.--In any
contract awarded to a commercial e-commerce portal provider
pursuant to subsection (a), the Administrator shall require
that the provider--
(1) agree not to sell or otherwise make available
to any third party any information pertaining to a
product ordered by the Federal Government through the
commercial e-commerce portal in a manner that
identifies the Federal Government, or any of its
departments or agencies, as the purchaser, except if
the information is needed to process or deliver an
order or the Administrator provides written consent;
(2) agree to take the necessary precautions to
safeguard any information pertaining to the Federal
Government, especially precautions necessary to protect
against national security or cybersecurity threats; and
(3) agree not to use, for pricing, marketing,
competitive, or other purposes, any information related
to a product from a third-party supplier featured on
the commercial e-commerce portal or the transaction of
such a product, except as necessary to comply with the
requirements of the program established pursuant to
subsection (a).
(i) Simplified Acquisition Threshold.--A procurement
through a commercial e-commerce portal used under the program
established pursuant to subsection (a) shall not exceed the
simplified acquisition threshold in section 134 of title 41,
United States Code.
(j) Comptroller General Assessments.--
(1) Assessment of implementation plan.--Not later
than 90 days after the Director of the Office of
Management and Budget submits the implementation plan
described in subsection (c)(1) to the appropriate
congressional committees, the Comptroller General of
the United States shall submit to the appropriate
congressional committees an assessment of the plan,
including any other matters the Comptroller General
considers relevant to the plan.
(2) Assessment of program implementation.--Not
later than three years after the first contract with a
commercial e-commerce portal provider is awarded
pursuant to subsection (a), the Comptroller General of
the United States shall submit to the appropriate
congressional committees a report on the challenges and
benefits the General Services Administration and
participating departments and agencies observe
regarding implementation of the program established
pursuant to subsection (a). The report shall include
the following elements:
(A) A description of the acquisition of the
commercial e-commerce portals (including the
extent to which the portals had to be
configured or otherwise modified to meet the
needs of the program) costs, and the
implementation schedule.
(B) A description of participation by
suppliers, with particular attention to those
described under subsection (e), that have
registered or that have sold goods with at
least one commercial e-commerce portal
provider, including numbers, categories, and
trends.
(C) The effect, if any, of the program on
the ability of agencies to meet goals
established for suppliers and products
described under subsection (e), including goals
established under section 15(g) of the Small
Business Act (15 U.S.C. 644(g)).
(D) A discussion of the limitations, if
any, to participation by suppliers in the
program.
(E) Any other matters the Comptroller
General considers relevant to report.
(k) Definitions.--In this section:
(1) Administrator.--The term ``Administrator''
means the Administrator of General Services.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the
following:
(A) The Committees on Armed Services of the
Senate and House of Representatives.
(B) The Committee on Homeland Security and
Governmental Affairs of the Senate and the
Committee on Oversight and Government Reform of
the House of Representatives.
(C) The Committee on Small Business and
Entrepreneurship of the Senate and the
Committee on Small Business of the House of
Representatives.
(3) Commercial e-commerce portal.--The term
``commercial e-commerce portal'' means a commercial
solution providing for the purchase of commercial
products aggregated, distributed, sold, or manufactured
via an online portal. The term does not include an
online portal managed by the Government for, or
predominantly for use by, Government agencies.
(4) Commercial product.--The term ``commercial
product'' means a commercially available off-the-shelf
item, as defined in section 104 of title 41, United
States Code, except the term does not include services.
(5) Small business concern.--The term ``small
business concern'' has the meaning given such term
under section 3 of the Small Business Act (15 U.S.C.
632).
SEC. 847. REVISION TO DEFINITION OF COMMERCIAL ITEM.
(a) In General.--Section 103(8) of title 41, United States
Code, is amended by inserting before the period at the end the
following: ``or to multiple foreign governments''.
(b) Effect on Section 2464 of Title 10.--Nothing in the
amendment made by subsection (a) shall affect the meaning of
the term ``commercial item'' for purposes of subsection (a)(5)
of section 2464 of title 10, United States Code, or any
requirement under subsection (a)(3) or subsection (c) of such
section.
SEC. 848. COMMERCIAL ITEM DETERMINATIONS.
Section 2380 of title 10, United States Code, is amended--
(1) by striking ``The Secretary'' and inserting
``(a) In General.--The Secretary''; and
(2) by adding at the end the following new
subsection:
``(b) Items Previously Acquired Using Commercial Item
Acquisition Procedures.--
``(1) Determinations.--A contract for an item
acquired using commercial item acquisition procedures
under part 12 of the Federal Acquisition Regulation
shall serve as a prior commercial item determination
with respect to such item for purposes of this chapter
unless the senior procurement executive of the military
department or the Department of Defense as designated
for purposes of section 1702(c) of title 41 determines
in writing that it is no longer appropriate to acquire
the item using commercial item acquisition procedures.
``(2) Limitation.--(A) Except as provided under
subparagraph (B), funds appropriated or otherwise made
available to the Department of Defense may not be used
for the procurement under part 15 of the Federal
Acquisition Regulation of an item that was previously
acquired under a contract using commercial item
acquisition procedures under part 12 of the Federal
Acquisition Regulation.
``(B) The limitation under subparagraph (A) does
not apply to the procurement of an item that was
previously acquired using commercial item acquisition
procedures under part 12 of the Federal Acquisition
Regulation following--
``(i) a written determination by the head
of contracting activity pursuant to section
2306a(b)(4)(B) of this title that the use of
such procedures was improper; or
``(ii) a written determination by the
senior procurement executive of the military
department or the Department of Defense as
designated for purposes of section 1702(c) of
title 41 that it is no longer appropriate to
acquire the item using such procedures.''.
SEC. 849. REVIEW OF REGULATIONS ON COMMERCIAL ITEMS.
(a) Review of Determinations Not to Exempt Department of
Defense Contracts for Commercial Items and Commercially
Available Off-the-shelf Items From Certain Laws and
Regulations.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall--
(1) review each determination of the Federal
Acquisition Regulatory Council pursuant to section
1906(b)(2), section 1906(c)(3), or section 1907(a)(2)
of title 41, United States Code, not to exempt
contracts and subcontracts described in subsection (a)
of section 2375 of title 10, United States Code, from
laws such contracts and subcontracts would otherwise be
exempt from under section 1906(d) of title 41, United
States Code; and
(2) propose revisions to the Department of Defense
Supplement to the Federal Acquisition Regulation to
provide an exemption from each law subject to such
determination unless the Secretary determines there is
a specific reason not to provide the exemption.
(b) Review of Certain Contract Clause Requirements
Applicable to Commercial Item Contracts.--Not later than one
year after the date of the enactment of this Act, the Secretary
of Defense shall--
(1) review the Department of Defense Supplement to
the Federal Acquisition Regulation to assess all
regulations that require a specific contract clause for
a contract using commercial item acquisition procedures
under part 12 of the Federal Acquisition Regulation,
except for regulations required by law or Executive
order; and
(2) propose revisions to the Department of Defense
Supplement to the Federal Acquisition Regulation to
eliminate regulations reviewed under paragraph (1)
unless the Secretary determines on a case-by-case basis
that there is a specific reason not to eliminate the
regulation.
(c) Elimination of Certain Contract Clause Regulations
Applicable to Commercially Available Off-the-shelf Item
Subcontracts.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall--
(1) review the Department of Defense Supplement to
the Federal Acquisition Regulation to assess all
regulations that require a prime contractor to include
a specific contract clause in a subcontract for
commercially available off-the-shelf items unless the
inclusion of such clause is required by law or
Executive order; and
(2) propose revisions to the Department of Defense
Supplement to the Federal Acquisition Regulation to
eliminate regulations reviewed under paragraph (1)
unless the Secretary determines on a case-by-case basis
that there is a specific reason not to eliminate the
regulation.
SEC. 850. 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,
in support of the achievement of the goals of this section--
(1) engage academic experts on research topics of
interest to improve commercial item identification and
pricing methodologies; and
(2) facilitate exchange and interface opportunities
between government personnel to increase awareness of
best practices and challenges in commercial item
identification and pricing.
(d) Funding.--The Secretary of Defense shall use amounts
available in the Department of Defense Acquisition Workforce
Development Fund established under section 1705 of title 10,
United States Code, to fund the comprehensive training program
established under subsection (a).
Subtitle F--Provisions Relating to Services Contracting
SEC. 851. IMPROVEMENT OF PLANNING FOR ACQUISITION OF SERVICES.
(a) In General.--
(1) Improvement of planning for acquisition of
services.--Chapter 137 of title 10, United States Code,
is amended by inserting after section 2328 the
following new section:
``Sec. 2329. Procurement of services: data analysis and requirements
validation
``(a) In General.--The Secretary of Defense shall ensure
that--
``(1) appropriate and sufficiently detailed data
are collected and analyzed to support the validation of
requirements for services contracts and inform the
planning, programming, budgeting, and execution process
of the Department of Defense;
``(2) requirements for services contracts are
evaluated appropriately and in a timely manner to
inform decisions regarding the procurement of services;
and
``(3) decisions regarding the procurement of
services consider available resources and total force
management policies and procedures.
``(b) Specification of Amounts Requested in Budget.--
Effective October 1, 2022, the Secretary of Defense shall
annually submit to Congress information on services contracts
that clearly and separately identifies the amount requested for
each category of services to be procured for each Defense
Agency, Department of Defense Field Activity, command, or
military installation. Such information shall--
``(1) be submitted at or about the time of the
budget submission by the President under section
1105(a) of title 31;
``(2) cover the fiscal year covered by such budget
submission by the President;
``(3) be consistent with total amounts of estimated
expenditures and proposed appropriations necessary to
support the programs, projects, and activities of the
Department of Defense included in such budget
submission by the President for that fiscal year; and
``(4) be organized using a common enterprise data
structure developed under section 2222 of this title.
``(c) Data Analysis.--(1) Each Secretary of a military
department shall regularly analyze past spending patterns and
anticipated future requirements with respect to the procurement
of services within such military department.
``(2)(A) The Secretary of Defense shall regularly analyze
past spending patterns and anticipated future requirements with
respect to the procurement of services--
``(i) within each Defense Agency and Department of
Defense Field Activity; and
``(ii) across military departments, Defense
Agencies, and Department of Defense Field Activities.
``(B) The Secretaries of the military departments shall
make data on services contracts available to the Secretary of
Defense for purposes of conducting the analysis required under
subparagraph (A).
``(3) The analyses conducted under this subsection shall--
``(A) identify contracts for similar services that
are procured for three or more consecutive years at
each Defense Agency, Department of Defense Field
Activity, command, or military installation;
``(B) evaluate patterns in the procurement of
services, to the extent practicable, at each Defense
Agency, Department of Defense Field Activity, command,
or military installation and by category of services
procured;
``(C) be used to validate requirements for services
contracts entered into after the date of the enactment
of this subsection; and
``(D) be used to inform decisions on the award of
and funding for such services contracts.
``(d) Requirements Evaluation.--Each Services Requirements
Review Board shall evaluate each requirement for a services
contract, taking into consideration total force management
policies and procedures, available resources, the analyses
conducted under subsection (c), and contracting efficacy and
efficiency. An evaluation of a services contract for compliance
with contracting policies and procedures may not be considered
to be an evaluation of a requirement for such services
contract.
``(e) Timely Planning to Avoid Bridge Contracts.--(1)
Effective October 1, 2018, the Secretary of Defense shall
ensure that a requirements owner shall, to the extent
practicable, plan appropriately before the date of need of a
service at a Defense Agency, Department of Defense Field
Activity, command, or military installation to avoid the use of
a bridge contract to provide for continuation of a service to
be performed through a services contract. Such planning shall
include allowing time for a requirement to be validated, a
services contract to be entered into, and funding for the
services contract to be secured.
``(2)(A) Upon the first use, due to inadequate planning (as
determined by the Secretary of Defense), of a bridge contract
to provide for continuation of a service to be performed
through a services contract, the requirements owner, along with
the contracting officer or a designee of the contracting
officer for the contract, shall--
``(i) for a services contract in an amount less
than $10,000,000, provide an update on the status of
the bridge contract (including the rationale for using
the bridge contract) to the commander or the senior
civilian official of the Defense Agency concerned,
Department of Defense Field Activity concerned, command
concerned, or military installation concerned, as
applicable; or
``(ii) for a services contract in an amount equal
to or greater than $10,000,000, provide an update on
the status of the bridge contract (including the
rationale for using the bridge contract) to the service
acquisition executive for the military department
concerned, the head of the Defense Agency concerned,
the combatant commander concerned, or the Under
Secretary of Defense for Acquisition and Sustainment,
as applicable.
``(B) Upon the second use, due to inadequate planning (as
determined by the Secretary of Defense), of a bridge contract
to provide for continuation of a service to be performed
through a services contract in an amount less than $10,000,000,
the commander or senior civilian official referred to in
subparagraph (A)(i) shall provide notification of such second
use to the Vice Chief of Staff of the armed force concerned and
the service acquisition executive of the military department
concerned, the head of the Defense Agency concerned, the
combatant commander concerned, or the Under Secretary of
Defense for Acquisition and Sustainment, as applicable.
``(f) Exception.--Except with respect to the analyses
required under subsection (c), this section shall not apply
to--
``(1) services contracts in support of contingency
operations, humanitarian assistance, or disaster
relief;
``(2) services contracts in support of a national
security emergency declared with respect to a named
operation; or
``(3) services contracts entered into pursuant to
an international agreement.
``(g) Definitions.--In this section:
``(1) The term `bridge contact' means--
``(A) an extension to an existing contract
beyond the period of performance to avoid a
lapse in service caused by a delay in awarding
a subsequent contract; or
``(B) a new short-term contract awarded on
a sole-source basis to avoid a lapse in service
caused by a delay in awarding a subsequent
contract.
``(2) The term `requirements owner' means a member
of the armed forces (other than the Coast Guard) or a
civilian employee of the Department of Defense
responsible for a requirement for a service to be
performed through a services contract.
``(3) The term `Services Requirements Review Board'
has the meaning given in Department of Defense
Instruction 5000.74, titled `Defense Acquisition of
Services' and dated January 5, 2016, or a successor
instruction.''
(2) Clerical amendment.--The table of sections at
the beginning of such chapter is amended by inserting
after the item relating to section 2328 the following
new item:
``2329. Procurement of services: data analysis and requirements
validation.''.
SEC. 852. STANDARD GUIDELINES FOR EVALUATION OF REQUIREMENTS FOR
SERVICES CONTRACTS.
(a) In General.--The Secretary of Defense shall encourage
the use of standard guidelines within the Department of Defense
for the evaluation of requirements for services contracts. Such
guidelines shall be available to the Services Requirements
Review Boards (established under Department of Defense
Instruction 5000.74, titled ``Defense Acquisition of Services''
and dated January 5, 2016, or a successor instruction) within
each Defense Agency, each Department of Defense Field Activity,
and each military department for the purpose of standardizing
the requirements evaluation required under section 2329 of
title 10, United States Code, as added by this Act.
(b) Definitions.--In this section--
(1) the terms ``Defense Agency'', ``Department of
Defense Field Activity'', and ``military department''
have the meanings given those terms in section 101 of
title 10, United States Code; and
(2) the term ``total force management policies and
procedures'' means the policies and procedures
established under section 129a of such title.
SEC. 853. REPORT ON OUTCOME-BASED SERVICES CONTRACTS.
Not later than April 1, 2018, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report on the merits of using
outcome-based services contracts within the Department of
Defense. Such report shall include a comparison of the use of
outcome-based services contracts by the Department of Defense
compared to input-based services contracts, the limitations of
outcome-based services contracts, and an analysis of the cost
implications of both approaches.
SEC. 854. PILOT PROGRAM FOR LONGER TERM MULTIYEAR SERVICE CONTRACTS.
(a) Establishment.--The Secretary of Defense shall carry
out a pilot program under which the Secretary may use the
authority under subsection (a) of section 2306c of title 10,
United States Code, to enter into up to five contracts for
periods of not more than 10 years for services described in
subsection (b) of such section. Each contract entered into
pursuant to this subsection may be extended for up to five
additional one-year terms.
(b) Study.--
(1) In general.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of
Defense shall enter into an agreement with an
independent organization with relevant expertise to
study best practices and lessons learned from using
services contracts for periods longer than five years
by commercial companies, foreign governments, and State
governments, as well as service contracts for periods
longer than five years used by the Federal Government,
such as energy savings performance contracts (as
defined in section to section 804(3) of the National
Energy Conservation Policy Act (42 U.S.C. 8287c(3)).
(2) Report.--Not later than one year after the date
of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a
report on the study conducted under paragraph (1).
(c) Comptroller General Report.--Not later than five years
after the date of the enactment of this Act, the Comptroller
General of the United States shall submit to the congressional
defense committees a report on the pilot program carried out
under this section.
Subtitle G--Provisions Relating to Other Transaction Authority and
Prototyping
SEC. 861. CONTRACT AUTHORITY FOR ADVANCED DEVELOPMENT OF INITIAL OR
ADDITIONAL PROTOTYPE UNITS.
(a) Permanent Authority.--
(1) In general.--Chapter 137 of title 10, United
States Code, is amended by inserting after section
2302d the following new section:
``Sec. 2302e. Contract authority for advanced development of initial or
additional prototype units
``(a) Authority.--A contract initially awarded from the
competitive selection of a proposal resulting from a general
solicitation referred to in section 2302(2)(B) of this title
may contain a contract line item or contract option for--
``(1) the provision of advanced component
development, prototype, or initial production of
technology developed under the contract; or
``(2) the delivery of initial or additional items
if the item or a prototype thereof is created as the
result of work performed under the contract.
``(b) Limitations.--
``(1) Minimal amount.--A contract line item or
contract option described in subsection (a)(2) shall
require the delivery of the minimal amount of initial
or additional items to allow for the timely competitive
solicitation and award of a follow-on development or
production contract for those items.
``(2) Term.--A contract line item or contract
option described in subsection (a) shall be for a term
of not more than 2 years.
``(3) Dollar value of work.--The dollar value of
the work to be performed pursuant to a contract line
item or contract option described in subsection (a) may
not exceed $100,000,000, in fiscal year 2017 constant
dollars.
``(4) Applicability.--The authority provided in
subsection (a) applies only to the Secretary of
Defense, the Secretary of the Army, the Secretary of
the Navy, and the Secretary of the Air Force.''.
(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) Repeal of Obsolete Authority.--Section 819 of the
National Defense Authorization Act for Fiscal Year 2010 (Public
Law 111-84; 10 U.S.C. 2302 note) is hereby repealed.
SEC. 862. METHODS FOR ENTERING INTO RESEARCH AGREEMENTS.
Section 2358(b) of title 10, United States Code, is
amended--
(1) in paragraph (3), by striking ``or'';
(2) in paragraph (4), by striking the period at the
end and inserting a semicolon; and
(3) by adding at the end the following new
paragraphs:
``(5) by transactions (other than contracts,
cooperative agreements, and grants) entered into
pursuant to section 2371 or 2371b of this title; or
``(6) by purchases through procurement for
experimental purposes pursuant to section 2373 of this
title.''.
SEC. 863. EDUCATION AND TRAINING FOR TRANSACTIONS OTHER THAN CONTRACTS
AND GRANTS.
Section 2371 of title 10, United States Code, is amended--
(1) by redesignating subsection (g) as subsection
(h); and
(2) by inserting after subsection (f) the following
new subsection:
``(g) Education and Training.--The Secretary of Defense
shall--
``(1) ensure that management, technical, and
contracting personnel of the Department of Defense
involved in the award or administration of transactions
under this section or other innovative forms of
contracting are afforded opportunities for adequate
education and training; and
``(2) establish minimum levels and requirements for
continuous and experiential learning for such
personnel, including levels and requirements for
acquisition certification programs.''.
SEC. 864. OTHER TRANSACTION AUTHORITY FOR CERTAIN PROTOTYPE PROJECTS.
(a) Expanded Authority for Prototype Projects.--Subsection
(a)(2) of section 2371b of title 10, United States Code, is
amended--
(1) by striking ``for a prototype project'' each
place such term appears and inserting ``for a
transaction (for a prototype project)'';
(2) in subparagraph (A)--
(A) by striking ``$50,000,000'' and
inserting ``$100,000,000''; and
(B) by striking ``$250,000,000'' and
inserting ``$500,000,000''; and
(3) in subparagraph (B), by striking
``$250,000,000'' and inserting ``$500,000,000''.
(b) Clarification of Inclusion of Small Businesses
Participating in SBIR or STTR.--Subparagraph (B) of section
2371b(d)(1) of title 10, United States Code, is amended by
inserting ``(including small businesses participating in a
program described under section 9 of the Small Business Act (15
U.S.C. 638))'' after ``small businesses''.
(c) Modification of Cost Sharing Requirement for Use of
Other Transaction Authority.--Subparagraph (C) of such section
is amended by striking ``provided by parties to the
transaction'' and inserting ``provided by sources other than''.
(d) Use of Other Transaction Authority for Ongoing
Prototype Projects.--Subsection (f)(1) of section 2371b of
title 10, United States Code, is amended by adding at the end
the following: ``A transaction includes all individual
prototype subprojects awarded under the transaction to a
consortium of United States industry and academic
institutions.''.
SEC. 865. AMENDMENT TO NONTRADITIONAL AND SMALL CONTRACTOR INNOVATION
PROTOTYPING PROGRAM.
Section 884(d) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2318; 10
U.S.C. 2302 note) is amended--
(1) by redesignating paragraph (9) as paragraph
(10); and
(2) by inserting after paragraph (8) the following
new paragraph (9):
``(9) Unmanned ground logistics and unmanned air
logistics capabilities enhancement.''.
SEC. 866. MIDDLE TIER OF ACQUISITION FOR RAPID PROTOTYPE AND RAPID
FIELDING.
Section 804(c)(2) of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2302 note)
is amended--
(1) by striking subparagraph (C); and
(2) by redesignating subparagraphs (D) and (E) as
subparagraphs (C) and (D), respectively.
SEC. 867. PREFERENCE FOR USE OF OTHER TRANSACTIONS AND EXPERIMENTAL
AUTHORITY.
In the execution of science and technology and prototyping
programs, the Secretary of Defense shall establish a
preference, to be applied in circumstances determined
appropriate by the Secretary, for using transactions other than
contracts, cooperative agreements, and grants entered into
pursuant to sections 2371 and 2371b of title 10, United States
Code, and authority for procurement for experimental purposes
pursuant to section 2373 of title 10, United States Code.
SEC. 868. 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.
Subtitle H--Provisions Relating to Software Acquisition
SEC. 871. NONCOMMERCIAL COMPUTER SOFTWARE ACQUISITION CONSIDERATIONS.
(a) In General.--
(1) Requirement.--Chapter 137 of title 10, United
States Code, as amended by section 802, is further
amended by inserting after section 2322 the following
new section:
``Sec. 2322a. Requirement for consideration of certain matters during
acquisition of noncommercial computer software
``(a) Consideration Required.--As part of any negotiation
for the acquisition of noncommercial computer software, the
Secretary of Defense shall ensure that such negotiations
consider, to the maximum extent practicable, acquisition, at
the appropriate time in the life cycle of the noncommercial
computer software, of all software and related materials
necessary--
``(1) to reproduce, build, or recompile the
software from original source code and required
libraries;
``(2) to conduct required computer software
testing; and
``(3) to deploy working computer software system
binary files on relevant system hardware.
``(b) Delivery of Software and Related Materials.--Any
noncommercial computer software or related materials required
to be delivered as a result of considerations in subsection (a)
shall, to the extent appropriate as determined by the
Secretary--
``(1) include computer software delivered in a
useable, digital format;
``(2) not rely on external or additional software
code or data, unless such software code or data is
included in the items to be delivered; and
``(3) in the case of negotiated terms that do not
allow for the inclusion of dependent software code or
data, sufficient documentation to support maintenance
and understanding of interfaces and software revision
history.''.
(2) Clerical amendment.--The table of sections at
the beginning of such chapter is amended by adding
after the item relating to section 2322, as added by
section 802, the following new item:
``2322a. Requirement for consideration of certain matters during
acquisition of noncommercial computer software.''.
(b) Guidance.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall issue
updated guidance to implement section 2322a of title 10, United
States Code, as added by subsection (a).
SEC. 872. DEFENSE INNOVATION BOARD ANALYSIS OF SOFTWARE ACQUISITION
REGULATIONS.
(a) Study.--
(1) In general.--Not later than 30 days after the
date of the enactment of this Act, the Secretary of
Defense shall direct the Defense Innovation Board to
undertake a study on streamlining software development
and acquisition regulations.
(2) Member participation.--The Chairman of the
Defense Innovation Board shall select appropriate
members from the membership of the Board to participate
in the study, and may recommend additional temporary
members or contracted support personnel to the
Secretary of Defense for the purposes of the study. In
considering additional appointments to the study, the
Secretary of Defense shall ensure that members have
significant technical, legislative, or regulatory
expertise and reflect diverse experiences in the public
and private sector.
(3) Scope.--The study conducted pursuant to
paragraph (1) shall--
(A) review the acquisition regulations
applicable to, and organizational structures
within, the Department of Defense with a view
toward streamlining and improving the
efficiency and effectiveness of software
acquisition in order to maintain defense
technology advantage;
(B) review ongoing software development and
acquisition programs, including a cross section
of programs that offer a variety of application
types, functional communities, and scale, in
order to identify case studies of best and
worst practices currently in use within the
Department of Defense;
(C) produce specific and detailed
recommendations for any legislation, including
the amendment or repeal of regulations, as well
as non-legislative approaches, that the members
of the Board conducting the study determine
necessary to--
(i) streamline development and
procurement of software;
(ii) adopt or adapt best practices
from the private sector applicable to
Government use;
(iii) promote rapid adoption of new
technology;
(iv) improve the talent management
of the software acquisition workforce,
including by providing incentives for
the recruitment and retention of such
workforce within the Department of
Defense;
(v) ensure continuing financial and
ethical integrity in procurement; and
(vi) protect the best interests of
the Department of Defense; and
(D) produce such additional recommendations
for legislation as such members consider
appropriate.
(4) Access to information.--The Secretary of
Defense shall provide the Defense Innovation Board with
timely access to appropriate information, data,
resources, and analysis so that the Board may conduct a
thorough and independent analysis as required under
this subsection.
(b) Reports.--
(1) Interim reports.--Not later than 150 days after
the date of the enactment of this Act, the Secretary of
Defense shall submit a report to or brief the
congressional defense committees on the interim
findings of the study conducted pursuant to subsection
(a). The Defense Innovation Board shall provide regular
updates to the Secretary of Defense and the
congressional defense committees for purposes of
providing the interim report.
(2) Final report.--Not later than one year after
the Secretary of Defense directs the Defense Advisory
Board to conduct the study, the Board shall transmit a
final report of the study to the Secretary. Not later
than 30 days after receiving the final report, the
Secretary of Defense shall transmit the final report,
together with such comments as the Secretary determines
appropriate, to the congressional defense committees.
SEC. 873. PILOT PROGRAM TO USE AGILE OR ITERATIVE DEVELOPMENT METHODS
TO TAILOR MAJOR SOFTWARE-INTENSIVE WARFIGHTING
SYSTEMS AND DEFENSE BUSINESS SYSTEMS.
(a) Pilot Program.--
(1) In general.--Not later than 30 days after the
date of the enactment of this Act, the Secretary of
Defense, in consultation with the Secretaries of the
military departments and the chiefs of the armed
forces, shall establish a pilot program to tailor and
simplify software development requirements and methods
for major software-intensive warfighting systems and
defense business systems.
(2) Implementation plan for pilot program.--Not
later than 120 days after the date of the enactment of
this Act, the Secretary of Defense, in consultation
with the Secretaries of the military departments and
the chiefs of the armed forces, shall develop a plan
for implementing the pilot program required under this
subsection, including guidance for implementing the
program and for selecting systems for participation in
the program.
(3) Selection of systems for pilot program.--
(A) The implementation plan shall require
that systems be selected as follows:
(i) For major software-intensive
warfighting systems, one system per
armed force and one defense-wide
system, including at least one major
defense acquisition program or major
automated information system.
(ii) For defense business systems,
not fewer than two systems and not
greater than eight systems.
(B) In selecting systems for participation,
the Secretary shall prioritize systems as
follows:
(i) For major software-intensive
warfighting systems, systems that--
(I) have identified
software development as a high
risk;
(II) have experienced cost
growth and schedule delay; and
(III) did not deliver any
operational capability within
the prior calendar year.
(ii) For defense business systems,
systems that--
(I) have experienced cost
growth and schedule delay;
(II) did not deliver any
operational capability within
the prior calendar year; and
(III) are underperforming
other systems within a defense
business system portfolio with
similar user requirements.
(b) Realignment Plans.--
(1) In general.--Not later than 60 days after
selecting a system for the pilot program under
subsection (a)(3), the Secretary shall develop a plan
for realigning the system by breaking down the system
into smaller increments using agile or iterative
development methods. The realignment plan shall include
a revised cost estimate that is lower than the cost
estimate for the system that was current as of the date
of the enactment of this Act.
(2) Realignment execution.--Each increment for a
realigned system shall--
(A) be designed to deliver a meaningfully
useful capability within the first 180 days
following realignment;
(B) be designed to deliver subsequent
meaningfully useful capabilities in time
periods of less than 180 days;
(C) incorporate multidisciplinary teams
focused on software production that prioritize
user needs and control of total cost of
ownership;
(D) be staffed with highly qualified
technically trained staff and personnel with
management and business process expertise in
leadership positions to support requirements
modification, acquisition strategy, and program
decisionmaking;
(E) ensure that the acquisition strategy
for the realigned system is broad enough to
allow for proposals of a service, system,
modified business practice, configuration of
personnel, or combination thereof for
implementing the strategy;
(F) include periodic engagement with the
user community, as well as representation by
the user community in program management and
software production activity;
(G) ensure that the acquisition strategy
for the realigned system favors outcomes-based
requirements definition and capability as a
service, including the establishment of
technical evaluation criteria as outcomes to be
used to negotiate service-level agreements with
vendors; and
(H) consider options for termination of the
relationship with any vendor unable or
unwilling to offer terms that meet the
requirements of this section.
(c) Removal of Systems.--The Secretary may remove a system
selected for the pilot program under subsection (a)(3) only
after the Secretary submits to the Committees on Armed Services
of the Senate and House of Representatives a written
determination that indicates that the selected system has been
unsuccessful in reducing cost or schedule growth, or is not
meeting the overall needs of the pilot program.
(d) Education and Training in Agile or Iterative
Development Methods.--
(1) Training requirement.--The Secretary shall
ensure that any personnel from the relevant
organizations in each of the military departments and
Defense Agencies participating in the pilot program,
including organizations responsible for engineering,
budgeting, contracting, test and evaluation,
requirements validation, and certification and
accreditation, receive targeted training in agile or
iterative development methods, including the interim
course required by section 891 of this Act.
(2) Support.--In carrying out the pilot program
under subsection (a), the Secretary shall ensure that
personnel participating in the program provide feedback
to inform the development of education and training
curricula as required by section 891.
(e) Sunset.--The pilot program required under subsection
(a) shall terminate on September 30, 2023. Any system selected
under subsection (a)(3) for the pilot program shall continue
after that date through the execution of its realignment plan.
(f) Agile or Iterative Development Defined.--In this
section, the term ``agile or iterative development'', with
respect to software--
(1) means acquisition pursuant to a method for
delivering multiple, rapid, incremental capabilities to
the user for operational use, evaluation, and feedback
not exclusively linked to any single, proprietary
method or process; and
(2) involves--
(A) the incremental development and
fielding of capabilities, commonly called
``spirals'', ``spins'', or ``sprints'', which
can be measured in a few weeks or months; and
(B) continuous participation and
collaboration by users, testers, and
requirements authorities.
SEC. 874. SOFTWARE DEVELOPMENT PILOT PROGRAM USING AGILE BEST
PRACTICES.
(a) In General.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense shall
identify no fewer than four and up to eight software
development activities within the Department of Defense or
military departments to be developed in a pilot program using
agile acquisition methods.
(b) Streamlined Processes.--Software development activities
identified under subsection (a) shall be selected for the pilot
program and developed without incorporation of the following
contract or transaction requirements:
(1) Earned value management (EVM) or EVM-like
reporting.
(2) Development of integrated master schedule.
(3) Development of integrated master plan.
(4) Development of technical requirement document.
(5) Development of systems requirement documents.
(6) Use of information technology infrastructure
library agreements.
(7) Use of software development life cycle
(methodology).
(c) Roles and Responsibilities.--
(1) In general.--Selected activities shall include
the following roles and responsibilities:
(A) A program manager that is authorized to
make all programmatic decisions within the
overarching activity objectives, including
resources, funding, personnel, and contract or
transaction termination recommendations.
(B) A product owner that reports directly
to the program manager and is responsible for
the overall design of the product,
prioritization of roadmap elements and
interpretation of their acceptance criteria,
and prioritization of the list of all features
desired in the product.
(C) An engineering lead that reports
directly to the program manager and is
responsible for the implementation and
operation of the software.
(D) A design lead that reports directly to
the program manager and is responsible for
identifying, communicating, and visualizing
user needs through a human-centered design
process.
(2) Qualifications.--The Secretary shall establish
qualifications for personnel filling the positions
described in paragraph (1) prior to their selection.
The qualifications may not include a positive education
requirement and must be based on technical expertise or
experience in delivery of software products, including
agile concepts.
(3) Coordination plan for testing and certification
organizations.--The program manager shall ensure the
availability of resources for test and certification
organizations support of iterative development
processes.
(d) Plan.--The Secretary of Defense shall develop a plan
for each selected activity under the pilot program. The plan
shall include the following elements:
(1) Definition of a product vision, identifying a
succinct, clearly defined need the software will
address.
(2) Definition of a product road map, outlining a
noncontractual plan that identifies short-term and
long-term product goals and specific technology
solutions to help meet those goals and adjusts to
mission and user needs at the product owner's
discretion.
(3) The use of a broad agency announcement, other
transaction authority, or other rapid merit-based
solicitation procedure.
(4) Identification of, and continuous engagement
with, end users.
(5) Frequent and iterative end user validation of
features and usability consistent with the principles
outlined in the Digital Services Playbook of the U.S.
Digital Service.
(6) Use of commercial best practices for advanced
computing systems, including, where applicable--
(A) Automated testing, integration, and
deployment;
(B) compliance with applicable commercial
accessibility standards;
(C) capability to support modern versions
of multiple, common web browsers;
(D) capability to be viewable across
commonly used end user devices, including
mobile devices; and
(E) built-in application monitoring.
(e) Program Schedule.--The Secretary shall ensure that each
selected activity includes--
(1) award processes that take no longer than three
months after a requirement is identified;
(2) planned frequent and iterative end user
validation of implemented features and their usability;
(3) delivery of a functional prototype or minimally
viable product in three months or less from award; and
(4) follow-on delivery of iterative development
cycles no longer than four weeks apart, including
security testing and configuration management as
applicable.
(f) Oversight Metrics.--The Secretary shall ensure that the
selected activities--
(1) use a modern tracking tool to execute
requirements backlog tracking; and
(2) use agile development metrics that, at a
minimum, track--
(A) pace of work accomplishment;
(B) completeness of scope of testing
activities (such as code coverage, fault
tolerance, and boundary testing);
(C) product quality attributes (such as
major and minor defects and measures of key
performance attributes and quality attributes);
(D) delivery progress relative to the
current product roadmap; and
(E) goals for each iteration.
(g) Restrictions.--
(1) Use of funds.--No funds made available for the
selected activities may be expended on estimation or
evaluation using source lines of code methodologies.
(2) Contract types.--The Secretary of Defense may
not use lowest price technically acceptable contracting
methods or cost plus contracts to carry out selected
activities under this section, and shall encourage the
use of existing streamlined and flexible contracting
arrangements.
(h) Reports.--
(1) Software development activity commencement.--
(A) In general.--Not later than 30 days
before the commencement of a software
development activity under the pilot program
under subsection (a), the Secretary shall
submit to the congressional defense committees
a report on the activity (in this subsection
referred to as a ``pilot activity'').
(B) Elements.--The report on a pilot
activity under this paragraph shall set forth a
description of the pilot activity, including
the following information:
(i) The purpose of the pilot
activity.
(ii) The duration of the pilot
activity.
(iii) The efficiencies and benefits
anticipated to accrue to the Government
under the pilot program.
(2) Software development activity completion.--
(A) In general.--Not later than 60 days
after the completion of a pilot activity, the
Secretary shall submit to the congressional
defense committees a report on the pilot
activity.
(B) Elements.--The report on a pilot
activity under this paragraph shall include the
following elements:
(i) A description of results of the
pilot activity.
(ii) Such recommendations for
legislative or administrative action as
the Secretary considers appropriate in
light of the pilot activity.
(i) Definitions.--In this section:
(1) Agile acquisition.--The term ``agile
acquisition'' means acquisition using agile or
iterative development.
(2) Agile or iterative development.--The term
``agile or iterative development'', with respect to
software--
(A) means acquisition pursuant to a method
for delivering multiple, rapid, incremental
capabilities to the user for operational use,
evaluation, and feedback not exclusively linked
to any single, proprietary method or process;
and
(B) involves--
(i) the incremental development and
fielding of capabilities, commonly
called ``spirals'', ``spins'', or
``sprints'', which can be measured in a
few weeks or months; and
(ii) continuous participation and
collaboration by users, testers, and
requirements authorities.
SEC. 875. PILOT PROGRAM FOR OPEN SOURCE SOFTWARE.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
initiate for the Department of Defense the open source software
pilot program established by the Office of Management and
Budget Memorandum M-16-21 titled ``Federal Source Code Policy:
Achieving Efficiency, Transparency, and Innovation through
Reusable and Open Source Software'' and dated August 8, 2016.
(b) Report to Congress.--Not later than 60 days after the
date of the enactment of this Act, the Secretary of Defense
shall provide a report to Congress with details of the plan of
the Department of Defense to implement the pilot program
required by subsection (a). Such plan shall include identifying
candidate software programs, selection criteria, intellectual
property and licensing issues, and other matters determined by
the Secretary.
(c) Comptroller General Report.--Not later than June 1,
2019, the Comptroller General of the United States shall
provide a report to Congress on the implementation of the pilot
program required by subsection (a) by the Secretary of Defense.
The report shall address, at a minimum, the compliance of the
Secretary with the requirements of the Office of Management and
Budget Memorandum M-16-21, the views of various software and
information technology stakeholders in the Department of
Defense, and any other matters determined by the Comptroller
General.
Subtitle I--Other Matters
SEC. 881. EXTENSION OF MAXIMUM DURATION OF FUEL STORAGE CONTRACTS.
(a) Extension.--Section 2922(b) of title 10, United States
Code, is amended by striking ``20 years'' and inserting ``30
years''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to contracts entered into on or after
the date of the enactment of this Act, and may be applied to a
contract entered into before that date if the total contract
period under the contract (including options) has not expired
as of the date of any extension of such contract period by
reason of such amendment.
SEC. 882. PROCUREMENT OF AVIATION CRITICAL SAFETY ITEMS.
Section 814(a) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2271; 10
U.S.C. 2302 note) is amended--
(1) in paragraph (1)--
(A) by inserting ``or an aviation critical
safety item (as defined in section 2319(g) of
this title)'' after ``personal protective
equipment''; and
(B) by inserting ``equipment or'' after
``failure of the''; and
(2) in paragraph (2), by inserting ``or item''
after ``equipment''.
SEC. 883. MODIFICATIONS TO THE ADVISORY PANEL ON STREAMLINING AND
CODIFYING ACQUISITION REGULATIONS.
(a) Extension of Date for Final Report.--
(1) Transmittal of panel final report.--Subsection
(e)(1) of section 809 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-
92; 129 Stat. 889), as amended by section 863(d) of the
National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 130 Stat. 2303), is amended--
(A) by striking ``Not later than two years
after the date on which the Secretary of
Defense establishes the advisory panel'' and
inserting ``Not later than January 15, 2019'';
and
(B) by striking ``the Secretary.'' and
inserting ``the Secretary of Defense and the
congressional defense committees.''.
(2) Secretary of defense action on final report.--
Subsection (e)(4) of such section is amended--
(A) by striking ``Not later than 30 days''
and inserting ``Not later than 60 days''; and
(B) by striking ``the final report,
together with such comments as the Secretary
determines appropriate,'' and inserting ``such
comments as the Secretary determines
appropriate''.
(b) Termination of Panel.--Such section is further amended
by adding at the end the following new subsection:
``(g) Termination of Panel.--The advisory panel shall
terminate 180 days after the date on which the final report of
the panel is transmitted pursuant to subsection (e)(1).''.
(c) Technical Amendment.--Subsection (d) of such section is
amended by striking ``resources,,'' and inserting
``resources,''.
SEC. 884. REPEAL OF EXPIRED PILOT PROGRAM FOR LEASING COMMERCIAL
UTILITY CARGO VEHICLES.
Section 807(c) of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104-106; 10 U.S.C. 2401a note)
is repealed.
SEC. 885. EXCEPTION FOR BUSINESS OPERATIONS FROM REQUIREMENT TO ACCEPT
$1 COINS.
(a) In General.--Paragraph (1) of section 5112(p) of title
31, United States Code, is amended by adding at the end the
following new flush sentence:
``This paragraph does not apply with respect to
business operations conducted by any entity under a
contract with an agency or instrumentality of the
United States, including with any nonappropriated fund
instrumentality established under title 10, United
States Code.''.
(b) Conforming Amendment.--Such paragraph is further
amended--
(1) by striking ``and all entities that operate any
business, including vending machines, on any premises
owned by the United States or under the control of any
agency or instrumentality of the United States,
including the legislative and judicial branches of the
Federal Government,''; and
(2) by inserting ``and'' before ``all transit
systems''.
(c) Technical Amendment.--Subparagraph (B) of such
paragraph is amended by striking ``displays'' and inserting
``display''.
SEC. 886. DEVELOPMENT OF PROCUREMENT ADMINISTRATIVE LEAD TIME.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
develop, make available for public comment, and finalize--
(1) a definition of the term ``Procurement
Administrative Lead Time'' or ``PALT'', to be applied
Department of Defense-wide, that describes the amount
of time from the date on which a solicitation is issued
to the date of an initial award of a contract or task
order of the Department of Defense; and
(2) a plan for measuring and publicly reporting
data on PALT for Department of Defense contracts and
task orders above the simplified acquisition threshold.
(b) Requirement for Definition.--Unless the Secretary
determines otherwise, the amount of time in the definition of
PALT developed under subsection (a) shall--
(1) begin on the date on which the initial
solicitation is issued for a contract or task order of
the Department of Defense by the Secretary of a
military department or head of a Defense Agency; and
(2) end on the date of the award of the contract or
task order.
(c) Coordination.--In developing the definition of PALT,
the Secretary shall coordinate with--
(1) the senior contracting official of each
military department and Defense Agency to determine the
variations of the definition in use across the
Department of Defense and each military department and
Defense Agency; and
(2) the Administrator of the General Services
Administration on modifying the existing data system of
the Federal Government to determine the date on which
the initial solicitation is issued.
(d) Use of Existing Procurement Data Systems.--In
developing the plan for measuring and publicly reporting data
on PALT required by subsection (a), the Secretary shall, to the
maximum extent practicable, rely on the information contained
in the Federal procurement data system established pursuant to
section 1122(a)(4) of title 41, United States Code, including
any modifications to that system.
SEC. 887. NOTIONAL MILESTONES AND STANDARD TIMELINES FOR CONTRACTS FOR
FOREIGN MILITARY SALES.
(a) Establishment.--
(1) In general.--The Secretary of Defense shall
establish specific notional milestones and standard
timelines for the Department of Defense to achieve such
milestones in its processing of a foreign military sale
(as authorized under chapter 2 of the Arms Export
Control Act (22 U.S.C. 2761 et seq.)). Such milestones
and timelines--
(A) may vary depending on the complexity of
the foreign military sale; and
(B) shall cover the period beginning on the
date of receipt of a complete letter of request
(as described in chapter 5 of the Security
Assistance Management Manual of the Defense
Security Cooperation Agency) from a foreign
country and ending on the date of the final
delivery of a defense article or defense
service sold through the foreign military sale.
(2) Report.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall
submit to the appropriate committees of Congress a
report describing the milestones and timelines
developed pursuant to paragraph (1) of this section.
(b) Submissions to Congress.--
(1) Quarterly notification.--During the period
beginning 180 days after the date of the enactment of
this Act and ending on December 31, 2021, the Secretary
shall submit to the appropriate committees of Congress,
on a quarterly basis, a report that includes a list of
each foreign military sale with a value greater than or
equal to the dollar threshold for congressional
notification under section 36 of the Arms Export
Control Act (22 U.S.C. 2776)--
(A) for which the final delivery of a
defense article or defense service has not been
completed; and
(B) that has not met a standard timeline to
achieve a notional milestone as established
under subsection (a).
(2) Annual report.--Not later than November 1,
2019, and annually thereafter until December 31, 2021,
the Secretary shall submit to the appropriate
committees of Congress a report that summarizes--
(A) the number, set forth separately by
dollar value and notional milestone, of foreign
military sales that met the standard timeline
to achieve a notional milestone established
under subsection (a) during the preceding
fiscal year; and
(B) the number, set forth separately by
dollar value and notional milestone, of each
foreign military sale that did not meet the
standard timeline to achieve a notional
milestone established under subsection (a), and
a description of any extenuating factors
explaining why such a sale did not achieve such
milestone.
(c) Definitions.--In this section--
(1) the terms ``defense article'' and ``defense
service'' have the meanings given those terms,
respectively, in section 47 of the Arms Export Control
Act (22 U.S.C. 2794); and
(2) the term ``appropriate committees of Congress''
means--
(A) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate;
and
(B) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives.
SEC. 888. ASSESSMENT AND AUTHORITY TO TERMINATE OR PROHIBIT CONTRACTS
FOR PROCUREMENT FROM CHINESE COMPANIES PROVIDING
SUPPORT TO THE DEMOCRATIC PEOPLE'S REPUBLIC OF
KOREA.
(a) Assessment Required.--
(1) In general.--The Secretary of Defense, in
consultation with the Secretary of State, the Secretary
of the Treasury, and the Director of National
Intelligence, shall conduct an assessment of trade
between the People's Republic of China and the
Democratic People's Republic of Korea, including
elements deemed to be important to United States
national security and defense.
(2) Elements.--The assessment required by paragraph
(1) shall--
(A) assess the composition of all trade
between China and the Democratic People's
Republic of Korea, including trade in goods and
services;
(B) identify whether any Chinese commercial
entities that are engaged in such trade
materially support illicit activities on the
part of North Korea;
(C) evaluate the extent to which the United
States Government procures goods or services
from any commercial entity identified under
subparagraph (B);
(D) provide a list of commercial entities
identified under subparagraph (B) that provide
defense goods or services for the Department of
Defense; and
(E) evaluate the ramifications to United
States national security, including any impacts
to the defense industrial base, Department of
Defense acquisition programs, and Department of
Defense logistics or supply chains, of
prohibiting procurements from commercial
entities listed under subparagraph (D).
(3) Report.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense
shall submit to Congress a report on the assessment
required by paragraph (1). The report shall be
submitted in unclassified form, but may contain a
classified annex.
(b) Authority.--The Secretary of Defense may terminate
existing contracts or prohibit the award of contracts for the
procurement of goods or services for the Department of Defense
from a Chinese commercial entity included on the list described
under subsection (a)(2)(D) based on a determination informed by
the assessment required under subsection (a)(1).
(c) Notification.--The Secretary of Defense shall submit to
the appropriate committees of Congress a notification of, and
detailed justification for, any exercise of the authority in
subsection (b) not less than 30 days before the date on which
the authority is exercised.
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives.
SEC. 889. REPORT ON DEFENSE CONTRACTING FRAUD.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on
defense contracting fraud.
(b) Elements.--The report required under subsection (a)
shall include the following elements:
(1) A summary of fraud-related criminal convictions
and civil judgments or settlements over the previous
five fiscal years.
(2) A listing of contractors that within the
previous five fiscal years performed contracts for the
Department of Defense and were debarred or suspended
from Federal contracting based on a criminal conviction
for fraud.
(3) An assessment of the total value of Department
of Defense contracts entered into during the previous
five fiscal years with contractors that have been
indicted for, settled charges of, been fined by any
Federal department or agency for, or been convicted of
fraud in connection with any contract or other
transaction entered into with the Federal Government.
(4) Recommendations by the Inspector General of the
Department of Defense or other appropriate Department
of Defense official regarding how to penalize
contractors repeatedly involved in fraud in connection
with contracts or other transactions entered into with
the Federal Government, including an update on
implementation by the Department of any previous such
recommendations.
SEC. 890. COMPTROLLER GENERAL REPORT ON CONTRACTOR BUSINESS SYSTEM
REQUIREMENTS.
(a) Evaluation.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the congressional defense committees a
report evaluating the implementation and effectiveness of the
program for the improvement of contractor business systems
established pursuant to section 893 of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011 (Public Law 111-
383; 10 U.S.C. 2302 note). The report shall--
(1) describe how the requirements of such program
were implemented, including the roles and
responsibilities of relevant Defense Agencies and known
costs to the Federal Government and covered
contractors;
(2) analyze the extent to which implementation of
such program has affected, if at all, covered
contractor performance or the management and oversight
of covered contracts of the Department of Defense;
(3) assess how the amendments to contractor
business system requirements made by section 893 of the
National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 130 Stat. 2324) were implemented,
including--
(A) the effects of revising the definition
of ``covered contractor'' in section 893(g)(2)
of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public
Law 111-383; 10 U.S.C. 2302 note) and the
feasibility and the potential effects of
further increasing the percentage of the total
gross revenue included in the definition; and
(B) the extent to which third-party
independent auditors have conducted contractor
business system assessments pursuant to section
893(c) of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public
Law 111-383; 10 U.S.C. 2302 note);
(4) identify any additional information or
management practices that could enhance the process for
assessing contractor business systems, particularly
when covered contractors have multiple covered
contracts with the Department of Defense; and
(5) include any other matters the Comptroller
General determines to be relevant.
(b) Contractor Business System Definitions.--In this
section, the terms ``covered contractor'', ``covered
contract'', and ``contractor business system'' have the
meanings given in section 893 of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011 (Public Law 111-
383; 10 U.S.C. 2302 note).
SEC. 891. TRAINING ON AGILE OR ITERATIVE DEVELOPMENT METHODS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the President of the Defense Acquisition
University, shall establish a training course at the Defense
Acquisition University on agile or iterative development
methods to provide training for personnel implementing and
supporting the pilot programs required by sections 873 and 874
of this Act.
(b) Course Elements.--
(1) In general.--The course shall be taught in
residence at the Defense Acquisition University and
shall include the following elements:
(A) Training designed to instill a common
understanding of all functional roles and
dependencies involved in developing and
producing a capability using agile or iterative
development methods.
(B) An exercise involving teams composed of
personnel from pertinent functions and
functional organizations engaged in developing
an integrated agile or iterative development
method for a specific program.
(C) Instructors and content from non-
governmental entities, as appropriate, to
highlight commercial best practices in using an
agile or iterative development method.
(2) Course updates.--The Secretary shall ensure
that the course is updated as needed, including through
incorporating lessons learned from the implementation
of the pilot programs required by sections 873 and 874
of this Act in subsequent versions of the course.
(c) Course Attendance.--The course shall be--
(1) available for certified acquisition personnel
working on programs or projects using agile or
iterative development methods; and
(2) mandatory for personnel participating in the
pilot programs required by sections 873 and 874 of this
Act from the relevant organizations in each of the
military departments and Defense Agencies, including
organizations responsible for engineering, budgeting,
contracting, test and evaluation, requirements
validation, and certification and accreditation.
(d) Agile Acquisition Support.--The Secretary and the
senior acquisition executives in each of the military
departments and Defense Agencies, in coordination with the
Director of the Defense Digital Service, shall assign to
offices supporting systems selected for participation in the
pilot programs required by sections 873 and 874 of this Act a
subject matter expert with knowledge of commercial agile
acquisition methods and Department of Defense acquisition
processes to provide assistance and to advise appropriate
acquisition authorities of the expert's observations.
(e) Agile Research Program.--The President of the Defense
Acquisition University shall establish a research program to
conduct research on and development of agile acquisition
practices and tools best tailored to meet the mission needs of
the Department of Defense.
(f) Agile or Iterative Development Defined.--The term
``agile or iterative development'', with respect to software--
(1) means acquisition pursuant to a method for
delivering multiple, rapid, incremental capabilities to
the user for operational use, evaluation, and feedback
not exclusively linked to any single, proprietary
method or process; and
(2) involves--
(A) the incremental development and
fielding of capabilities, commonly called
``spirals'', ``spins'', or ``sprints'', which
can be measured in a few weeks or months; and
(B) continuous participation and
collaboration by users, testers, and
requirements authorities.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Office of the Secretary of Defense and Related Matters
Sec. 901. Treatment of incumbent Under Secretary of Defense for
Acquisition, Technology, and Logistics.
Sec. 902. Clarification of authority of Under Secretary of Defense for
Acquisition and Sustainment with respect to service
acquisition programs for which the service acquisition
executive is the milestone decision authority.
Sec. 903. Executive Schedule matters relating to Under Secretary of
Defense for Acquisition and Sustainment.
Sec. 904. Consistent period of relief from active duty as a commissioned
officer of a regular component of the Armed Forces for
appointment to Under Secretary of Defense positions.
Sec. 905. Qualifications for appointment and additional duties and
powers of certain officials within the Office of the Under
Secretary of Defense (Comptroller).
Sec. 906. Redesignation of Principal Deputy Under Secretaries of Defense
as Deputy Under Secretaries of Defense and related matters.
Sec. 907. Reduction of number and elimination of specific designations
of Assistant Secretaries of Defense.
Sec. 908. Limitation on maximum number of Deputy Assistant Secretaries
of Defense.
Sec. 909. Appointment and responsibilities of Chief Information Officer
of the Department of Defense.
Sec. 910. Chief Management Officer of the Department of Defense.
Subtitle B--Data Management and Analytics
Sec. 911. Policy on treatment of defense business system data related to
business operations and management.
Sec. 912. Transparency of defense management data.
Sec. 913. Establishment of set of activities that use data analysis,
measurement, and other evaluation-related methods to improve
acquisition program outcomes.
Subtitle C--Organization of Other Department of Defense Offices and
Elements
Sec. 921. Qualifications for appointment of Assistant Secretaries of the
military departments for financial management.
Sec. 922. Manner of carrying out reductions in major Department of
Defense headquarters activities pursuant to headquarters
reduction plan.
Sec. 923. Certifications on cost savings achieved by reductions in major
Department of Defense headquarters activities.
Sec. 924. Corrosion control and prevention executives matters.
Sec. 925. Background and security investigations for Department of
Defense personnel.
Subtitle D--Miscellaneous Reporting Requirements
Sec. 931. Additional elements in reports on policy, organization, and
management goals of the Secretary of Defense for the
Department of Defense.
Sec. 932. Report and sense of Congress on responsibility for
developmental test and evaluation within the Office of the
Secretary of Defense.
Sec. 933. Report on Office of Corrosion Policy and Oversight.
Subtitle D--Other Matters
Sec. 941. Commission on the National Defense Strategy for the United
States.
Subtitle A--Office of the Secretary of Defense and Related Matters
SEC. 901. TREATMENT OF INCUMBENT UNDER SECRETARY OF DEFENSE FOR
ACQUISITION, TECHNOLOGY, AND LOGISTICS.
Section 901(a) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2339; 10
U.S.C. 133a note) is amended by striking paragraph (2).
SEC. 902. CLARIFICATION OF AUTHORITY OF UNDER SECRETARY OF DEFENSE FOR
ACQUISITION AND SUSTAINMENT WITH RESPECT TO SERVICE
ACQUISITION PROGRAMS FOR WHICH THE SERVICE
ACQUISITION EXECUTIVE IS THE MILESTONE DECISION
AUTHORITY.
Effective on February 1, 2018, and immediately after the
coming into effect of the amendment made by section 901(b) of
the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 130 Stat. 2340), subsection (b)(6) of
section 133b of title 10, United States Code, as added by such
section 901(b), is amended by striking ``supervisory
authority'' and inserting ``advisory authority''.
SEC. 903. EXECUTIVE SCHEDULE MATTERS RELATING TO UNDER SECRETARY OF
DEFENSE FOR ACQUISITION AND SUSTAINMENT.
(a) Repeal of Pending Executive Schedule Amendment.--
Section 901(h) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2342; 5 U.S.C.
5313 note) is amended--
(1) by striking ``new items'' and inserting ``new
item''; and
(2) by striking the item relating to the Under
Secretary of Defense for Acquisition and Sustainment.
(b) Executive Schedule Level III.--Effective on February 1,
2018, section 5314 of title 5, United States Code, is amended
by inserting before the item relating to the Under Secretary of
Defense for Policy the following new item:
``Under Secretary of Defense for Acquisition and
Sustainment.''.
SEC. 904. CONSISTENT PERIOD OF RELIEF FROM ACTIVE DUTY AS A
COMMISSIONED OFFICER OF A REGULAR COMPONENT OF THE
ARMED FORCES FOR APPOINTMENT TO UNDER SECRETARY OF
DEFENSE POSITIONS.
Chapter 4 of title 10, United States Code, is amended--
(1) in section 135(a), by adding at the end the
following new sentence: ``A person may not be appointed
as Under Secretary within seven years after relief from
active duty as a commissioned officer of a regular
component of the armed forces.'';
(2) in section 136(a), by adding at the end the
following new sentence: ``A person may not be appointed
as Under Secretary within seven years after relief from
active duty as a commissioned officer of a regular
component of the armed forces.''; and
(3) in section 137(a), by adding at the end the
following new sentence: ``A person may not be appointed
as Under Secretary within seven years after relief from
active duty as a commissioned officer of a regular
component of the armed forces.''.
SEC. 905. QUALIFICATIONS FOR APPOINTMENT AND ADDITIONAL DUTIES AND
POWERS OF CERTAIN OFFICIALS WITHIN THE OFFICE OF
THE UNDER SECRETARY OF DEFENSE (COMPTROLLER).
(a) Under Secretary of Defense (Comptroller).--
(1) Qualification for appointment.--Section 135(a)
of title 10, United States Code, as amended by section
904, is further amended--
(A) by inserting ``(1)'' after ``(a)''; and
(B) by adding at the end the following new
paragraph:
``(2) The Under Secretary of Defense (Comptroller) shall be
appointed from among persons who have significant budget,
financial management, or audit experience in complex
organizations.''.
(2) Duties and powers.--Section 135 of title 10,
United States Code, is further amended--
(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) Qualification for Appointment as Deputy Chief Financial
Officer.--The Deputy Chief Financial Officer of the Department
of Defense shall be appointed from among persons who have
significant budget, financial management, or audit experience
in complex organizations.
(c) Applicability.--The appointment qualifications imposed
by the amendments made by subsection (a)(1) and the appointment
qualifications imposed by subsection (b) shall apply with
respect to appointments as Under Secretary of Defense
(Comptroller) and Deputy Chief Financial Officer of the
Department of Defense that are made on or after the date of the
enactment of this Act.
SEC. 906. REDESIGNATION OF PRINCIPAL DEPUTY UNDER SECRETARIES OF
DEFENSE AS DEPUTY UNDER SECRETARIES OF DEFENSE AND
RELATED MATTERS.
(a) Redesignation.--Section 137a of title 10, United States
Code, is amended by striking ``Principal'' each place it
appears.
(b) Increase in Authorized Number.--Section 137a(a)(1) of
title 10, United States Code, is amended by striking ``five''
and inserting ``six''.
(c) Replacement of ATL Position With Two Positions in
Connection With OSD Reform.--Effective on February 1, 2018,
section 137a(c) of title 10, United States Code, is amended--
(1) by redesignating paragraphs (2) through (5) as
paragraphs (3) through (6), respectively; and
(2) by striking paragraph (1) and inserting the
following new paragraphs:
``(1) One of the Deputy Under Secretaries is the Deputy
Under Secretary of Defense for Research and Engineering.
``(2) One of the Deputy Under Secretaries is the Deputy
Under Secretary of Defense for Acquisition and Sustainment.''.
(d) Conforming Amendments.--
(1) OSD.--Paragraph (6) of section 131(b) of title
10, United States Code, is amended to read as follows:
``(6) The Deputy Under Secretaries of Defense.''.
(2) Precedence.--Section 138(d) of title 10, United
States Code, is amended by striking ``Principal''.
(e) Executive Schedule Level IV.--Section 5315 of title 5,
United States Code, is amended--
(1) by striking ``Principal'' in the items relating
to the Principal Deputy Under Secretary of Defense for
Policy, the Principal Deputy Under Secretary of Defense
for Personnel and Readiness, the Principal Deputy Under
Secretary of Defense (Comptroller), and the Principal
Deputy Under Secretary of Defense for Intelligence; and
(2) by inserting before the item relating to the
Deputy Under Secretary of Defense for Policy, as
amended by paragraph (1), the following new items:
``Deputy Under Secretary of Defense for Research
and Engineering.
``Deputy Under Secretary of Defense for Acquisition
and Sustainment.''.
(f) Clerical Amendments.--
(1) Heading amendment.--The heading of section 137a
of title 10, United States Code, is amended to read as
follows:
``Sec. 137a. Deputy Under Secretaries of Defense''.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 4 of title 10, United States
Code, is amended by striking the item relating to
section 137a and inserting the following new item:
``137a. Deputy Under Secretaries of Defense.''.
SEC. 907. REDUCTION OF NUMBER AND ELIMINATION OF SPECIFIC DESIGNATIONS
OF ASSISTANT SECRETARIES OF DEFENSE.
(a) Reduction of Authorized Number.--Section 138(a)(1) of
title 10, United States Code, is amended by striking ``14'' and
inserting ``13''.
(b) Elimination of Certain Specific Designations.--Section
138(b) of title 10, United States Code, is amended--
(1) by striking paragraphs (2) and (3); and
(2) by redesignating paragraphs (4), (5), and (6)
as paragraphs (2), (3), and (4), respectively.
SEC. 908. LIMITATION ON MAXIMUM NUMBER OF DEPUTY ASSISTANT SECRETARIES
OF DEFENSE.
The maximum number of Deputy Assistant Secretaries of
Defense after the date of the enactment of this Act may not
exceed 48.
SEC. 909. APPOINTMENT AND RESPONSIBILITIES OF CHIEF INFORMATION OFFICER
OF THE DEPARTMENT OF DEFENSE.
(a) Appointment Method and Qualifications.--Section 142(a)
of title 10, United States Code, is amended by inserting before
the period at the end the following: ``, who shall be appointed
by the President, by and with the advice and consent of the
Senate, from among civilians who are qualified to serve as such
officer''.
(b) Clarification of Certain Responsibilities.--Section
142(b)(1)(I) of title 10, United States Code, is amended by
striking ``the networking and cyber defense architecture'' and
inserting ``the information technology, networking, information
assurance, cybersecurity, and cyber capability architectures''.
(c) Additional Responsibilities Related to Budgets and
Standards.--Section 142(b) of title 10, United States Code, is
amended--
(1) by redesignating paragraph (2) as paragraph
(4); and
(2) by inserting after paragraph (1) the following
new paragraphs:
``(2)(A) The Secretary of Defense, acting through the Under
Secretary of Defense (Comptroller), shall require the
Secretaries of the military departments and the heads of the
Defense Agencies with responsibilities associated with any
activity specified in paragraph (1) to transmit the proposed
budget for such activities for a fiscal year and for the period
covered by the future-years defense program submitted to
Congress under section 221 of this title for that fiscal year
to the Chief Information Officer for review under subparagraph
(B) before submitting the proposed budget to the Under
Secretary of Defense (Comptroller).
``(B) The Chief Information Officer shall review each
proposed budget transmitted under subparagraph (A) and, not
later than January 31 of the year preceding the fiscal year for
which the budget is proposed, shall submit to the Secretary of
Defense a report containing the comments of the Chief
Information Officer with respect to all such proposed budgets,
together with the certification of the Chief Information
Officer regarding whether each proposed budget is adequate.
``(C) Not later than March 31 of each year, the Secretary
of Defense shall submit to Congress a report specifying each
proposed budget contained in the most-recent report submitted
under subparagraph (B) that the Chief Information Officer did
not certify to be adequate. The report of the Secretary shall
include the following matters:
``(i) A discussion of the actions that the
Secretary proposes to take, together with any
recommended legislation that the Secretary considers
appropriate, to address the inadequacy of the proposed
budgets specified in the report.
``(ii) Any additional comments that the Secretary
considers appropriate regarding the inadequacy of the
proposed budgets.
``(3)(A) The Secretary of a military department or head of
a Defense Agency may not develop or procure information
technology (as defined in section 11101 of title 40) that does
not fully comply with such standards as the Chief Information
Officer may establish.
``(B) The Chief Information Officer shall implement and
enforce a process for--
``(i) developing, adopting, or publishing standards
for information technology, networking, or cyber
capabilities to which any military department or
defense agency would need to adhere in order to run
such capabilities on defense networks; and
``(ii) certifying on a regular and ongoing basis
that any capabilities being developed or procured meets
such standards as have been published by the Department
at the time of certification.
``(C) The Chief Information Officer shall identify gaps in
standards and mitigation plans for operating in the absence of
acceptable standards.''.
(d) Direction and Precedence.--Section 142 of title 10,
United States Code, is amended by adding at the end the
following new subsections:
``(c) The Chief Information Officer of the Department of
Defense shall report directly to the Secretary of Defense in
the performance of duties under this section.
``(d) The Chief Information Officer of the Department of
Defense takes precedence in the Department of Defense with the
officials serving in positions specified in section 131(b)(4)
of this title. The officials serving in positions specified in
such section and the Chief Information Officer take precedence
among themselves in the order prescribed by the Secretary of
Defense.''.
(e) Alternative Proposal.--Not later than March 1, 2018,
the Secretary of Defense shall submit to the congressional
defense committees a proposal for such alternatives or
modifications to the realignment of responsibilities of the
Chief Information Officer of the Department of Defense required
by the amendments made by subsection (a) as the Secretary
considers appropriate, together with an implementation plan for
such proposal. The proposal may not be carried out unless
approved by statute.
(f) Service of Incumbent Without Further Appointment.--The
individual serving in the position of Chief Information Officer
of the Department of Defense as of January 1, 2019, may
continue to serve in such position commencing as of that date
without further appointment pursuant to section 142 of title
10, United States Code, as amended by this section.
(g) Effective Date of Amendments.--The amendments made by
this section shall take effect on January 1, 2019.
SEC. 910. CHIEF MANAGEMENT OFFICER OF THE DEPARTMENT OF DEFENSE.
(a) Chief Management Officer.--
(1) In general.--Effective February 1, 2018,
section 132a of title 10, United States Code, is
amended to read as follows:
``Sec. 132a. Chief Management Officer
``(a) Appointment and Qualifications.--(1) There is a Chief
Management Officer of the Department of Defense, appointed from
civilian life by the President, by and with the advice and
consent of the Senate.
``(2) The Chief Management Officer shall be appointed from
among persons who have an extensive management or business
background and experience with managing large or complex
organizations. A person may not be appointed as Chief
Management Officer within seven years after relief from active
duty as a commissioned officer of a regular component of an
armed force.
``(b) Responsibilities.--Subject to the authority,
direction, and control of the Secretary of Defense and the
Deputy Secretary of Defense, the Chief Management Officer shall
perform such duties and exercise such powers as the Secretary
or the Deputy Secretary may prescribe, including the following:
``(1) Serving as the chief management officer of
the Department of Defense with the mission of managing
enterprise business operations and shared services of
the Department of Defense.
``(2) Serving as the principal advisor to the
Secretary and the Deputy Secretary on establishing
policies for, and directing, all enterprise business
operations of the Department, including planning and
processes, business transformation, performance
measurement and management, and business information
technology management and improvement activities and
programs, including the allocation of resources for
enterprise business operations and unifying business
management efforts across the Department.
``(3) Exercising authority, direction, and control
over the Defense Agencies and Department of Defense
Field Activities providing shared business services for
the Department that are designated by the Secretary or
the Deputy Secretary for purposes of this paragraph.
``(4) As of January 1, 2019--
``(A) serving as the Chief Information
Officer of the Department for purposes of
section 2222 of this title;
``(B) administering the responsibilities
and duties specified in sections 11315 and
11319 of title 40, section 3506(a)(2) of title
44, and section 2223(a) of this title for
business systems and management; and
``(C) Exercising any responsibilities,
duties, and powers relating to business systems
or management that are exercisable by a chief
information officer for the Department, other
than those responsibilities, duties, and powers
of a chief information officer that are vested
in the Chief Information Officer of the
Department of Defense by section 142 of this
title.
``(5) Serving as the official with principal
responsibility in the Department for providing for the
availability of common, usable, Defense-wide data sets
with applications such as improving acquisition
outcomes and personnel management.
``(6) Authority to direct the Secretaries of the
military departments and the heads of all other
elements of the Department with regard to matters for
which the Chief Management Officer has responsibility
under this section.
``(c) Precedence.--The Chief Management Officer takes
precedence in the Department of Defense after the Secretary of
Defense and the Deputy Secretary of Defense.
``(d) Enterprise Business Operation Defined.--In this
section, the term `enterprise business operations' means those
activities that constitute the cross-cutting business
operations used by multiple components of the Department of
Defense, but not those activities that are directly tied to a
single military department or Department of Defense component.
The term includes business-support functions designated by the
Secretary of Defense or the Deputy Secretary of Defense for
purposes of this section, such as aspects of financial
management, healthcare, acquisition and procurement, supply
chain and logistics, certain information technology, real
property, and human resources operations.''.
(2) Clerical amendment.--Effective February 1,
2018, the table of sections at the beginning of chapter
4 of title 10, United States Code, is amended by
striking the item relating to section 132a and
inserting the following new item:
``132a. Chief Management Officer.''.
(b) Conforming Repeal of Prior Authorities on Chief
Management Officer.--
(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 (Public Law 114-
328; 130 Stat. 2339; 10 U.S.C. 131 note)--
(1) section 131(b) of title 10, United States Code,
as amended by section 906(d)(1) of this Act, is further
amended--
(A) by redesignating paragraphs (2) through
(9) as paragraphs (3) through (10),
respectively; and
(B) by inserting after paragraph (1) the
following new paragraph (2):
``(2) The Chief Management Officer of the
Department of Defense.'';
(2) section 133a(c) of such title is amended--
(A) in paragraph (1), by striking ``and the
Deputy Secretary of Defense'' and inserting ``,
the Deputy Secretary of Defense, and the Chief
Management Officer of the Department of
Defense''; and
(B) in paragraph (2), by inserting ``the
Chief Management Officer,'' after ``the Deputy
Secretary,''; and
(3) section 133b(c) of such title is amended--
(A) in paragraph (1), by inserting ``the
Chief Management Officer of the Department of
Defense,'' after ``the Deputy Secretary of
Defense,''; and
(B) in paragraph (2), by inserting ``the
Chief Management Officer,'' after ``the Deputy
Secretary,''.
(d) Executive Schedule Level II.--Effective on February 1,
2018, and immediately after the coming into effect of the
amendment made by section 901(h) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130
Stat. 2342; 5 U.S.C. 5313 note), section 5313 of title 5,
United States Code, is amended by inserting before the item
relating to the Under Secretary of Defense for Research and
Engineering the following new item:
``Chief Management Officer of the Department of
Defense.''.
(e) 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) Defense Agencies and Field Activities Providing Shared
Business Services.--
(1) Initial reporting requirement.--Not later than
January 15, 2018, the Secretary of Defense shall submit
to the congressional defense committees a report
specifying each Defense Agency and Department of
Defense Field Activity providing shared business
services for the Department of Defense that is to be
designated by the Secretary of Defense or the Deputy
Secretary of Defense for purposes of subsection (b)(3)
of section 132a of title 10, United States Code (as
amended by subsection (a)), as of the coming into
effect of such section 132a.
(2) Notice to congress on transfer of oversight.--
Upon the transfer to the Chief Management Officer of
the Department of Defense of responsibility for
oversight of shared business services of a Defense
Agency or Department of Defense Field Activity
specified in the report required by paragraph (1), the
Secretary of Defense shall submit to the congressional
defense committees a notice of the transfer, including
the Defense Agency or Field Activity subject to the
transfer and a description of the nature and scope of
the responsibility for oversight transferred.
Subtitle B--Data Management and Analytics
SEC. 911. POLICY ON TREATMENT OF DEFENSE BUSINESS SYSTEM DATA RELATED
TO BUSINESS OPERATIONS AND MANAGEMENT.
(a) Establishment of Policy.--Not later than one year after
the date of the enactment of this Act, the Secretary of Defense
shall establish a data policy for the Department of Defense
that mandates that any data contained in a defense business
system related to business operations and management is an
asset of the Department of Defense.
(b) Availability.--As part of the policy required by
subsection (a), the Secretary of Defense shall ensure that,
except as otherwise provided by law or regulation, data
described in such subsection shall be made readily available to
members of the Office of the Secretary of Defense, the Joint
Staff, the military departments, the combatant commands, the
Defense Agencies, the Department of Defense Field Activities,
and all other offices, agencies, activities, and commands of
the Department of Defense, as applicable.
SEC. 912. TRANSPARENCY OF DEFENSE MANAGEMENT DATA.
(a) Common Enterprise Data.--
(1) In general.--Section 2222(e) of title 10,
United States Code, is amended by adding at the end the
following new paragraphs:
``(5) Common enterprise data.--The defense business
enterprise shall include enterprise data that may be
automatically extracted from the relevant systems to
facilitate Department of Defense-wide analysis and
management of its business operations.
``(6) Roles and responsibilities.--
``(A) The Chief Management Officer of the
Department of Defense shall have primary
decision-making authority with respect to the
development of common enterprise data. In
consultation with the Defense Business Council,
the Chief Management Officer shall--
``(i) develop an associated data
governance process; and
``(ii) oversee the preparation,
extraction, and provision of data
across the defense business enterprise.
``(B) The Chief Management Officer and the
Under Secretary of Defense (Comptroller)
shall--
``(i) in consultation with the
Defense Business Council, document and
maintain any common enterprise data for
their respective areas of authority;
``(ii) participate in any related
data governance process;
``(iii) extract data from defense
business systems as needed to support
priority activities and analyses;
``(iv) when appropriate, ensure the
source data is the same as that used to
produce the financial statements
subject to annual audit;
``(v) in consultation with the
Defense Business Council, provide
access, except as otherwise provided by
law or regulation, to such data to the
Office of the Secretary of Defense, the
Joint Staff, the military departments,
the combatant commands, the Defense
Agencies, the Department of Defense
Field Activities, and all other
offices, agencies, activities, and
commands of the Department of Defense;
and
``(vi) ensure consistency of the
common enterprise data maintained by
their respective organizations.
``(C) The Director of Cost Assessment and
Program Evaluation shall have access to data
for the purpose of executing missions as
designated by the Secretary of Defense.
``(D) The Secretary of Defense, the
Chairman of the Joint Chiefs of Staff, the
Secretaries of the military departments,
commanders of combatant commands, the heads of
the Defense Agencies, the heads of the
Department of Defense Field Activities, and the
heads of all other offices, agencies,
activities, and commands of the Department of
Defense shall provide access to the relevant
system of such department, combatant command,
Defense Agency, Defense Field Activity, or
office, agency, activity, and command
organization, as applicable, and data extracted
from such system, for purposes of automatically
populating data sets coded with common
enterprise data.''.
(2) Definitions.--Section 2222(i) of title 10,
United States Code, is amended by adding at the end the
following new paragraphs:
``(10) Common enterprise data.--The term `common
enterprise data' means business operations or
management-related data, generally from defense
business systems, in a usable format that is
automatically accessible by authorized personnel and
organizations.
``(11) Data governance process.--The term `data
governance process' means a system to manage the timely
Department of Defense-wide sharing of data described
under subsection (a)(6)(A).''.
(b) Duties of Under Secretary of Defense (Comptroller).--
Section 135(b) of title 10, United States Code, is amended in
the second sentence by inserting after ``shall perform'' the
following: ``the duties assigned to the Under Secretary in
section 2222 of this title and''.
(c) Duties of Director of Cost Assessment and Program
Evaluation.--Section 139a(d) of title 10, United States Code,
is amended by adding at the end the following new paragraph:
``(9) Performing the duties assigned to the
Director in section 2222 of this title.''.
(d) Implementation Plan for Common Enterprise Data.--
(1) Plan required.--Not later than one year after
the date of the enactment of this Act, the Deputy
Secretary of Defense, acting through the Chief
Management Officer of the Department of Defense, shall
develop a plan to implement the amendments made by
subsection (a).
(2) Elements.--At a minimum, the implementation
plan required by paragraph (1) shall include the
following elements:
(A) The major tasks required to implement
the requirements imposed by the amendments made
by subsection (a) and the recommended time
frames for each task.
(B) The estimated resources required to
complete each major task identified pursuant to
subparagraph (A).
(C) Any challenges associated with each
major task identified pursuant to subparagraph
(A) and related steps to mitigate such
challenge.
(D) A description of how data security
issues will be appropriately addressed in the
implementation of such requirements.
(E) A review of the curriculum taught at
the National Defense University, the Defense
Acquisition University, professional military
educational institutions, and appropriate
private sector academic institutions to
determine the extent to which the curricula
include appropriate courses on data management,
data analytics and other evaluation-related
methods.
(3) Role of under secretary of defense
(comptroller).--The Under Secretary of Defense
(Comptroller) shall ensure that the implementation plan
required by paragraph (1) does not conflict with the
financial statement audit priorities and timeline of
the Department of Defense.
(4) Submission to congress.--Upon completion of the
implementation plan required by paragraph (1), the
Chief Management Officer shall submit the plan to the
congressional defense committees.
(e) Application of New Authorities Required.--
(1) Data analytics capability required.--Not later
than September 30, 2020, the Chief Management Officer
of the Department of Defense shall establish and
maintain within the Department of Defense a data
analytics capability for purposes of supporting
enhanced oversight and management of the Defense
Agencies and Department of Defense Field Activities.
(2) Elements.--The data analytics capability shall
permit the following:
(A) The maintenance on a continuing basis
of an accurate tabulation of the amounts
expended by the Defense Agencies and Department
of Defense Field Activities on Government and
contractor personnel.
(B) The maintenance on a continuing basis
of an accurate number of the personnel
currently supporting the Defense Agencies and
Department of Defense Field Activities,
including the following:
(i) Members of the regular
components of the Armed Forces.
(ii) Members of the reserve
components of the Armed Forces.
(iii) Civilian employees of the
Department of Defense.
(iv) Detailees, whether from
another organization or element of the
Department or from another department
or agency of the Federal Government.
(C) The tracking of costs for employing
contract personnel, including federally funded
research and development centers.
(D) The maintenance on a continuing basis
of the following:
(i) An identification of the
functions being performed by each
Defense Agency and Department of
Defense Field Activity.
(ii) An accurate tabulation of the
amounts being expended by each Defense
Agency and Department of Defense Field
Activity on its functions.
(3) Reporting requirements.--
(A) Interim report.--Not later than one
year after the date of the enactment of this
Act, the Chief Management Officer of the
Department of Defense shall submit to the
congressional defense committees a report on
progress in establishing the data analytics
capability. The report shall include the
following:
(i) A description and assessment of
the efforts of the Chief Management
Officer through the date of the report
to establish the data analytics
capability.
(ii) A description of current gaps
in the data required to establish the
data analytics capability, and a
description of the efforts to be
undertaken to eliminate such gaps.
(B) Final report.--Not later than December
31, 2020, the Chief Management Officer shall
submit to the congressional defense committees
a report on the data analytics capability as
established pursuant to this section.
(f) Additional Pilot Programs Required.--
(1) In general.--The Secretary of Defense shall
carry out pilot programs to develop data integration
strategies for the Department of Defense to address
high-priority management challenges of the Department.
(2) Elements.--The pilot programs carried out under
the authority of this subsection shall involve data
integration strategies to address challenges of the
Department with respect to the following:
(A) The budget of the Department.
(B) Logistics.
(C) Personnel security and insider threats.
(D) At least two other high-priority
challenges of the Department identified by the
Secretary for purposes of this subsection.
(3) Report on pilot programs.--Not later than one
year after the date of the enactment of this Act, the
Secretary of Defense shall submit to the congressional
defense committees a report describing the pilot
programs to be carried out under this section,
including the challenge of the Department to be
addressed by the pilot program and the manner in which
the data integration strategy under the pilot program
will address the challenge. If any proposed pilot
program requires legislative action for the waiver or
modification of a statutory requirement that otherwise
prevents or impedes the implementation of the pilot
program, the Secretary shall include in the report a
recommendation for legislative action to waive or
modify the statutory requirement.
SEC. 913. ESTABLISHMENT OF SET OF ACTIVITIES THAT USE DATA ANALYSIS,
MEASUREMENT, AND OTHER EVALUATION-RELATED METHODS
TO IMPROVE ACQUISITION PROGRAM OUTCOMES.
(a) Establishment Required.--Not later than one year after
the date of the enactment of this Act, the Secretary of Defense
shall establish a set of activities that use data analysis,
measurement, and other evaluation-related methods to improve
the acquisition outcomes of the Department of Defense and
enhance organizational learning.
(b) Types of Activities.--The set of activities established
under subsection (a) may include any or all of the following:
--
(1) Establishment of data analytics capabilities
and organizations within an Armed Force.
(2) Development of capabilities in Department of
Defense laboratories, test centers, and federally
funded research and development centers to provide
technical support for data analytics activities that
support acquisition program management and business
process re-engineering activities.
(3) Increased use of existing analytical
capabilities available to acquisition programs and
offices to support improved acquisition outcomes.
(4) Funding of intramural and extramural research
and development activities to develop and implement
data analytics capabilities in support of improved
acquisition outcomes.
(5) Publication, to the maximum extent practicable,
and in a manner that protects classified and
proprietary information, of data collected by the
Department of Defense related to acquisition program
costs and activities for access and analyses by the
general public or Department research and education
organizations.
(6) Promulgation by the Chief of Staff of the Army,
the Chief of Naval Operations, the Chief of Staff of
the Air Force, and the Commandant of the Marine Corps,
in coordination with the Deputy Secretary of Defense,
the Under Secretary of Defense for Research and
Engineering, and the Under Secretary for Acquisition
and Sustainment, of a consistent policy as to the role
of data analytics in establishing budgets and making
milestone decisions for major defense acquisition
programs.
(7) Continual assessment, in consultation with the
private sector, of the efficiency of current data
collection and analyses processes, so as to minimize
the requirement for collection and delivery of data by,
from, and to Government organizations.
(8) Promulgation of guidance to acquisition
programs and activities on the efficient use, quality,
and sharing of enterprise data between programs and
organizations to improve acquisition program analytics
and outcomes.
(9) Establishment of focused research and
educational activities at the Defense Acquisition
University, and appropriate private sector academic
institutions, to support enhanced use of data
management, data analytics, and other evaluation-
related methods to improve acquisition outcomes.
Subtitle C--Organization of Other Department of Defense Offices and
Elements
SEC. 921. QUALIFICATIONS FOR APPOINTMENT OF ASSISTANT SECRETARIES OF
THE MILITARY DEPARTMENTS FOR FINANCIAL MANAGEMENT.
(a) Assistant Secretary of the Army.--Section 3016(b)(4) of
title 10, United States Code, is amended--
(1) by inserting ``(A)'' after ``(4)'';
(2) by striking ``The Assistant Secretary shall
have as his principal responsibility'' and inserting
the following:
``(C) The principal responsibility of the Assistant
Secretary shall be''; and
(3) by inserting after subparagraph (A), as
designated by paragraph (1), the following new
subparagraph (B):
``(B) The Assistant Secretary shall be appointed from among
persons who have significant budget, financial management, or
audit experience in complex organizations.''.
(b) Assistant Secretary of the Navy.--Section 5016(b)(3) of
title 10, United States Code, is amended--
(1) by inserting ``(A)'' after ``(3)'';
(2) by striking ``The Assistant Secretary shall
have as his principal responsibility'' and inserting
the following:
``(C) The principal responsibility of the Assistant
Secretary shall be''; and
(3) by inserting after subparagraph (A), as
designated by paragraph (1), the following new
subparagraph (B):
``(B) The Assistant Secretary shall be appointed from among
persons who have significant budget, financial management, or
audit experience in complex organizations.''.
(c) Assistant Secretary of the Air Force.--Section
8016(b)(3) of title 10, United States Code, is amended--
(1) by inserting ``(A)'' after ``(3)'';
(2) by striking ``The Assistant Secretary shall
have as his principal responsibility'' and inserting
the following:
``(C) The principal responsibility of the Assistant
Secretary shall be''; and
(3) by inserting after subparagraph (A), as
designated by paragraph (1), the following new
subparagraph (B):
``(B) The Assistant Secretary shall be appointed from among
persons who have significant budget, financial management, or
audit experience in complex organizations.''.
(d) Applicability.--The appointment qualifications imposed
by the amendments made by this section shall apply with respect
to an appointment as an Assistant Secretary of a military
department for financial management that is made on or after
the date of the enactment of this Act.
SEC. 922. MANNER OF CARRYING OUT REDUCTIONS IN MAJOR DEPARTMENT OF
DEFENSE HEADQUARTERS ACTIVITIES PURSUANT TO
HEADQUARTERS REDUCTION PLAN.
Section 346(b) of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 796; 10
U.S.C. 111 note) is amended by adding at the end the following
new paragraph:
``(5) Manner of carrying out reductions.--
``(A) In general.--The Secretary of Defense
shall implement the headquarters reduction plan
referred to in paragraph (1), as modified
pursuant to that paragraph, so that reductions
in major Department of Defense headquarters
activities pursuant to the plan are carried out
only after consideration of--
``(i) the current manpower levels
of major Department of Defense
headquarters activities;
``(ii) the historic manpower levels
of major Department of Defense
headquarters activities;
``(iii) the mission requirements of
major Department of Defense
headquarters activities; and
``(iv) the anticipated staffing
needs of major Department of Defense
headquarters activities necessary to
meet national defense objectives.
``(B) Conforming modification of plan for
achievement of cost savings.--The Secretary of
Defense shall modify the plan for achievement
of cost savings required by subsection (a) to
take into account the requirement specified in
subparagraph (A).''.
SEC. 923. CERTIFICATIONS ON COST SAVINGS ACHIEVED BY REDUCTIONS IN
MAJOR DEPARTMENT OF DEFENSE HEADQUARTERS
ACTIVITIES.
Section 346(b) of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 796 10
U.S.C. 111 note), as amended by section 922, is further amended
by adding at the end the following new paragraph:
``(6) Certifications on cost savings achieved.--Not
later than 120 days after the date of the enactment of
this paragraph, and not later than 60 days after the
end of each of fiscal years 2018 through 2020, the
Director of Cost Assessment and Program Evaluation
shall certify to the Secretary of Defense, and to the
congressional defense committees, the following:
``(A) The validity of the cost savings
achieved for each major Department of Defense
headquarters activity during the previous
fiscal year, including the cost of personnel
detailed by another Department entity to the
headquarters activity.
``(B) Whether the cost savings achieved for
each major Department of Defense headquarters
activity during that fiscal year met the
savings objective for the headquarters activity
for that fiscal year, as established pursuant
to paragraph (1).''.
SEC. 924. CORROSION CONTROL AND PREVENTION EXECUTIVES MATTERS.
(a) Scope and Level of Positions.--Section 903(a) of the
Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417; 10 U.S.C. 2228 note) is
amended--
(1) by striking ``shall be the senior official''
and inserting ``shall be a senior official''; and
(2) by adding at the end the following new
sentence: ``Each individual so designated shall be a
senior civilian employee of the military department
concerned in pay grade GS-15 or higher.''.
(b) Qualifications.--Section 903 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 10 U.S.C. 2228 note) is further amended--
(1) by redesignating subsection (b) as subsection
(c); and
(2) by inserting after subsection (a) the following
new subsection (b):
``(b) Qualifications.--Any individual designated as a
corrosion control and prevention executive of a military
department pursuant to subsection (a) shall--
``(1) have a working knowledge of corrosion
prevention and control;
``(2) have strong program management and
communication skills; and
``(3) understand the acquisition, research,
development, test, and evaluation, and sustainment
policies and procedures of the military department,
including for the sustainment of infrastructure.''.
SEC. 925. BACKGROUND AND SECURITY INVESTIGATIONS FOR DEPARTMENT OF
DEFENSE PERSONNEL.
(a) Transition To Discharge by Defense Security Service.--
(1) Secretarial authority.--The Secretary of
Defense has the authority to conduct security,
suitability, and credentialing background
investigations for Department of Defense personnel. In
carrying out such authority, the Secretary may use such
authority, or may delegate such authority to another
entity.
(2) Phased transition.--As part of providing for
the conduct of background investigations initiated by
the Department of Defense through the Defense Security
Service by not later than the deadline specified in
subsection (b), the Secretary shall, in consultation
with the Director of the Office of Personnel
Management, provide for a phased transition from the
conduct of such investigations by the National
Background Investigations Bureau of the Office of
Personnel Management to the conduct of such
investigations by the Defense Security Service by that
deadline.
(3) Transition elements.--The phased transition
required by paragraph (2) shall--
(A) provide for the transition of the
conduct of investigations to the Defense
Security Service using a risk management
approach; and
(B) be consistent with the transition from
legacy information technology operated by the
Office of Personnel Management to the new
information technology, including the National
Background Investigations System, as described
in subsection (f).
(b) Commencement of Implementation Plan for Ongoing
Discharge of Investigations Through DSS.--Not later than
October 1, 2020, the Secretary of Defense shall commence
carrying out the implementation plan developed pursuant to
section 951(a)(1) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2371; 10 U.S.C.
1564 note).
(c) Transfer of Certain Functions Within DoD to DSS.--
(1) Transfer required.--For purposes of meeting the
requirements in subsections (a) and (b), the Secretary
of Defense shall transfer to the Defense Security
Service the functions, personnel, and associated
resources of the following organizations:
(A) The Consolidated Adjudications
Facility.
(B) Other organizations identified by the
Secretary for purposes of this paragraph.
(2) Supporting organizations.--In addition to the
organizations identified pursuant to paragraph (1), the
following organizations shall prioritize resources to
directly support the execution of requirements in
subsections (a) and (b):
(A) The Office of Cost Analysis and Program
Evaluation.
(B) The Defense Digital Service.
(C) Other organizations designated by the
Secretary for purposes of this paragraph.
(3) Timing and manner of transfer.--The Secretary--
(A) may carry out the transfer required by
paragraph (1) at any time before the date
specified in subsection (b) that the Secretary
considers appropriate for purposes of this
section; and
(B) shall carry out the transfer in a
manner designed to minimize disruptions to the
conduct of background investigations for
personnel of the Department of Defense.
(d) Transfer of Certain Functions in OPM to DSS.--
(1) In general.--For purposes of meeting the
requirements in subsections (a) and (b), the Secretary
of Defense shall provide for the transfer of the
functions described in paragraph (2), and any
associated personnel and resources, to the Department
of Defense.
(2) Functions.--The functions to be transferred
pursuant to paragraph (1) are the following:
(A) Any personnel security investigations
functions transferred by the Secretary to the
Director of the Office of Personnel Management
pursuant to section 906 of the National Defense
Authorization Act for Fiscal Year 2004 (Public
Law 108-136; 5 U.S.C. 1101 note).
(B) Any other functions of the Office of
Personnel Management in connection with
background investigations initiated by the
Department of Defense that the Secretary and
the Director jointly consider appropriate.
(3) Assessment.--In carrying out the transfer of
functions pursuant to paragraph (1), the Secretary
shall conduct a comprehensive assessment of workforce
requirements for both the Department of Defense and the
National Background Investigations Bureau synchronized
to the transition plan, including a forecast of
workforce needs across the current future-years defense
plan for the Department. Not later than 180 days after
the date of the enactment of this Act, the Secretary
shall submit to the appropriate congressional
committees a report containing the results of the
assessment.
(4) Consultation.--The Secretary shall carry out
paragraphs (1), (2), and (3) in consultation with the
Director of the Office of Personnel Management and the
Director of the Office of Management and Budget.
(5) Location within dod.--Any functions transferred
to the Department of Defense pursuant to this
subsection shall be located within the Defense Security
Service.
(e) Conduct of Certain Actions.--For purposes of the
conduct of background investigations following the commencement
of carrying out the implementation plan referred to in
subsection (b), the Secretary of Defense shall provide for the
following:
(1) A single capability for the centralized
funding, submissions, and processing of all background
investigations, from within the Defense Security
Service.
(2) The discharge by the Consolidated Adjudications
Facility, from within the Defense Security Service
pursuant to transfer under subsection (c), of
adjudications in connection with the following:
(A) Background investigations.
(B) Continuous evaluation and vetting
checks.
(f) Enhancement of Information Technology Capabilities of
NBIS.--
(1) In general.--The Secretary of Defense shall
conduct a review of the information technology
capabilities of the National Background Investigations
System in order to determine whether enhancements to
such capabilities are required for the following:
(A) Support for background investigations
pursuant to this section and section 951 of the
National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 130 Stat. 2371;
10 U.S.C. 1564 note).
(B) Support of the National Background
Investigations Bureau.
(C) Execution of the conduct of background
investigations initiated by the Department of
Defense pursuant to this section, including
submissions and adjudications.
(2) Common component.--In providing for the
transition and operation of the National Background
Investigations System as described in paragraph (1)(C),
the Secretary shall develop a common component of the
System usable for background investigations by both the
Defense Security Service and the National Background
Investigations Bureau.
(3) Enhancements.--If the review pursuant to
paragraph (1) determines that enhancements described in
that paragraph are required, the Secretary shall carry
out such enhancements.
(4) Consultation.--The Secretary shall carry out
this subsection in consultation with the Director of
the Office of Personnel Management.
(g) Use of Certain Private Industry Data.--In carrying out
background and security investigations pursuant to this section
and section 951 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2371; 10 U.S.C.
1564 note), the Secretary of Defense may use background
materials collected on individuals by the private sector, in
accordance with national policies and standards, that are
applicable to such investigations, including materials as
follows:
(1) Financial information, including credit scores
and credit status.
(2) Criminal records.
(3) Drug screening.
(4) Verifications of information on resumes and
employment applications, such as previous employers,
educational achievement, and educational institutions
attended.
(5) Other publicly available electronic
information.
(h) Security Clearances for Contractor Personnel.--
(1) In general.--The Secretary of Defense shall
review the requirements of the Department of Defense
relating to position 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 the number of
personnel of the Defense Security Service 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) Report on Future Periodic Reinvestigations, Insider
Threat, and Continuous Vetting.--
(1) Report required.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of
Defense shall submit to the appropriate congressional
committees 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, including
lessons from all of the continuous evaluation
pilots being conducted throughout the
Government, and identification of new or
additional data sources and data analytic tools
needed for improving current continuous
evaluation or vetting capabilities.
(B) A plan to provide the Government with
an enhanced risk management model that 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 personnel
referred to in subparagraph (A).
(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) Consultation.--The Secretary shall prepare the
report under paragraph (1) in consultation with the
Director of National Intelligence and the Director of
the Office of Personnel Management.
(k) Quarterly and Annual Briefings and Reports.--
(1) Annual assessment of timeliness.--Not later
than December 31, 2018, and each December 31 thereafter
through the date specified in paragraph (4), the
Security Executive Agent, in coordination with the
Chair and other Principals of the Security,
Suitability, and Credentialing Performance
Accountability Council, shall submit to the appropriate
committees of Congress a report on the timeliness of
personnel security clearance initiations,
investigations, and adjudications, by clearance level,
for both initial investigations and periodic
reinvestigations during the prior fiscal year for
Government and contractor employees, including the
following:
(A) The average periods of time taken by
each authorized investigative agency and
authorized adjudicative agency to initiate
cases, conduct investigations, and adjudicate
cases as compared with established timeliness
objectives, from the date a completed security
clearance application is received to the date
of adjudication and notification to the subject
and the subject's employer.
(B) The number of initial investigations
and periodic reinvestigations initiated and
adjudicated by each authorized adjudicative
agency.
(C) The number of initial investigations
and periodic reinvestigations carried over from
prior fiscal years by each authorized
investigative and adjudicative agency.
(D) The number of initial investigations
and periodic reinvestigations that resulted in
a denial or revocation of a security clearance
by each authorized adjudicative agency.
(E) The costs to the executive branch
related to personnel security clearance
initiations, investigations, adjudications,
revocations, and continuous evaluation.
(F) A discussion of any impediments to the
timely processing of personnel security
clearances.
(G) The number of clearance holders
enrolled in continuous evaluation and the
numbers and types of adverse actions taken as a
result by each authorized adjudicative agency.
(H) The number of personnel security
clearance cases, both initial investigations
and periodic reinvestigations, awaiting or
under investigation by the National Background
Investigations Bureau.
(I) Other information as appropriate,
including any recommendations to improve the
timeliness and efficiency of personnel security
clearance initiations, investigations, and
adjudications.
(2) Quarterly briefings.--Not later than the end of
each calendar-year quarter beginning after January 1,
2018, through the date specified in paragraph (4), the
Secretary of Defense shall provide the appropriate
congressional committees a briefing on the progress of
the Secretary in carrying out the requirements of this
section during that 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. Until the
phased transition described in subsection (a) is
complete, each quarterly briefing shall also include
identification of any resources planned for movement
from the National Background Investigations Bureau to
the Department of Defense during the next calendar-year
quarter.
(3) Annual reports.--Not later than December 31,
2018, and each December 31 thereafter through the date
specified in paragraph (4), the Secretary of Defense
shall submit to the appropriate congressional
committees a report on the following for the calendar
year in which the report is to be submitted:
(A) The status of the Secretary in meeting
the requirements in subsections (a), (b), and
(c).
(B) The status of any transfers to be
carried out pursuant to subsection (d).
(C) An assessment of the personnel security
capabilities of the Department of Defense.
(D) The average periods of time taken by
each authorized investigative agency and
authorized adjudicative agency to initiate
cases, conduct investigations, and adjudicate
cases as compared with established timeliness
objectives, from the date a completed security
clearance application is received to the date
of adjudication and notification to the subject
and the subject's employer.
(E) The number of initial investigations
and periodic reinvestigations initiated and
adjudicated by each authorized adjudicative
agency.
(F) The number of initial investigations
and periodic reinvestigations carried over from
prior fiscal years by each authorized
investigative and adjudicative agency.
(G) The number of initial investigations
and periodic reinvestigations that resulted in
a denial or revocation of a security clearance
by each authorized adjudicative agency.
(H) The costs to the Department of Defense
related to personnel security clearance
initiations, investigations, adjudications,
revocations, and continuous evaluation.
(I) A discussion of any impediments to the
timely processing of personnel security
clearances.
(J) The number of clearance holders
enrolled in continuous evaluation and the
numbers and types of adverse actions taken as a
result.
(K) The number of personnel security
clearance cases, both initial investigations
and periodic reinvestigations, awaiting or
under investigation by the National Background
Investigations Bureau.
(L) Other information that the Secretary
considers appropriate, including any
recommendations to improve the timeliness and
efficiency of personnel security clearance
initiations, investigations, and adjudications.
(4) Termination.--No briefing or report is required
under this subsection after December 31, 2021.
(l) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committees on Armed Services,
Appropriations, Homeland Security and Governmental
Affairs, and the Select Committee on Intelligence of
the Senate; and
(2) the Committees on Armed Services,
Appropriations, Oversight and Government Reform, and
the Permanent Select Committee on Intelligence of the
House of Representatives.
Subtitle D--Miscellaneous Reporting Requirements
SEC. 931. ADDITIONAL ELEMENTS IN REPORTS ON POLICY, ORGANIZATION, AND
MANAGEMENT GOALS OF THE SECRETARY OF DEFENSE FOR
THE DEPARTMENT OF DEFENSE.
Section 912(a)(2) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2349) is
amended by adding at the end the following new subparagraphs:
``(D) A civilian operating force structure
sized for operational effectiveness that is
manned, equipped, and trained to support
deployment time and rotation ratios that
sustain the readiness and needed retention
levels of the regular and reserve components of
the Armed Forces.
``(E) The hiring authorities and other
actions that the Secretary of Defense or the
Secretaries of the military departments will
take to eliminate any gaps between desired
programmed civilian workforce levels and the
current size of the civilian workforce, set
forth by mission and functional area.''.
SEC. 932. REPORT AND SENSE OF CONGRESS ON RESPONSIBILITY FOR
DEVELOPMENTAL TEST AND EVALUATION WITHIN THE OFFICE
OF THE SECRETARY OF DEFENSE.
(a) Report on Plans to Address Developmental Test and
Evaluation Responsibilities Within the Office of the Secretary
of Defense.--
(1) In general.--Not later than 60 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 containing a strategy to ensure that there is
sufficient expertise, oversight, and policy direction
on developmental test and evaluation within the Office
of the Secretary of Defense after the completion of the
reorganization of such Office required under section
901 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2339).
(2) Elements.--The report required by paragraph (1)
shall address the following:
(A) The structure of the roles and
responsibilities of the senior Department of
Defense official responsible for developmental
test and evaluation, as distinct from
operational test and evaluation or systems
engineering.
(B) The location of the senior Department
of Defense official responsible for
developmental test and evaluation within the
organizational structure of the Office of the
Secretary of Defense.
(C) An estimate of personnel and other
resources that should be made available to the
senior Department of Defense official
responsible for developmental test and
evaluation to ensure that such official can
provide independent expertise, oversight, and
policy direction and guidance Department of
Defense-wide.
(D) Methods to ensure that the senior
Department of Defense official responsible for
developmental test and evaluation will be
empowered to facilitate Department of Defense-
wide efficiencies by helping programs to
optimize test designs and activities, including
ensuring access to program data and
participation in acquisition program oversight.
(E) Methods to ensure that an advocate for
test and evaluation workforce will continue to
exist within the acquisition workforce.
(b) Sense of Congress.--It is the sense of Congress that--
(1) developmental testing is critical to reducing
acquisition program risk by providing valuable
information to support sound decision making;
(2) major defense acquisition programs often do not
conduct enough developmental testing, so too many
problems are first identified during operational
testing, when they are expensive and time-consuming to
fix; and
(3) in order to ensure that effective developmental
testing is conducted on major defense acquisition
programs, the Secretary of Defense should--
(A) carefully consider where the senior
Department of Defense official responsible for
developmental test and evaluation is located
within the organizational structure of the
Office of the Secretary of Defense; and
(B) ensure that such official has
sufficient authority and resources to provide
oversight and policy direction on developmental
test and evaluation Department of Defense-wide.
SEC. 933. REPORT ON OFFICE OF CORROSION POLICY AND OVERSIGHT.
(a) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report--
(1) evaluating the continued need for the Office of
Corrosion Policy and Oversight; and
(2) containing a recommendation regarding whether
to retain or terminate the Office.
(b) Assessment.--As part of the report required by
subsection (a), the Secretary of Defense shall conduct an
assessment to determine whether there is duplication in matters
relating to corrosion prevention and control and mitigation of
corrosion of the military equipment and infrastructure of the
Department of Defense between the Office of Corrosion Policy
and Oversight and other elements of the Department, including,
in particular, the Corrosion Control and Prevention Executives
of the military departments.
(c) Recommendation.--If the report required by subsection
(a) includes a recommendation to terminate the Office of
Corrosion Policy and Oversight, the Secretary of Defense shall
include recommendations for such additional authorities, if
any, for the military departments and the Armed Forces as the
Secretary considers appropriate to ensure the proper discharge
by the Department of Defense of functions relating to corrosion
prevention and control and mitigation of corrosion in the
absence of the Office.
Subtitle D--Other Matters
SEC. 941. COMMISSION ON THE NATIONAL DEFENSE STRATEGY FOR THE UNITED
STATES.
(a) Extension of Deadlines for Reporting and Briefing
Requirements.--Section 942(e) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130
Stat. 2368) is amended--
(1) in paragraph (1), by striking ``December 1,
2017'' and inserting ``July 1, 2018''; and
(2) in paragraph (2), by striking ``June 1, 2017''
and inserting ``March 1, 2018''.
(b) Treatment of Commission.--Section 942 of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-
328; 130 Stat. 2368) is amended by adding at the end the
following new subsection:
``(h) Legislative Advisory Committee.--The Commission shall
operate as a legislative advisory committee and shall not be
subject to the provisions of the Federal Advisory Committee Act
(Public Law 92-463; 5 U.S.C. App.) or section 552b of title 5,
United States Code (commonly known as the Government in the
Sunshine Act).''.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Consolidation, codification, and improvement of certain
authorities and requirements in connection with the audit of
the financial statements of the Department of Defense.
Sec. 1003. Improper payment matters.
Sec. 1004. Rankings of auditability of financial statements of the
organizations and elements of the Department of Defense.
Sec. 1005. Financial operations dashboard for the Department of Defense.
Sec. 1006. Review and recommendations on efforts to obtain audit opinion
on full financial statements.
Sec. 1007. Notification requirement for certain contracts for audit
services.
Subtitle B--Counterdrug Activities
Sec. 1011. Extension of authority to support a unified counterdrug and
counterterrorism campaign in Colombia.
Sec. 1012. Venue for prosecution of maritime drug trafficking.
Subtitle C--Naval Vessels and Shipyards
Sec. 1021. National Defense Sealift Fund.
Sec. 1022. Use of National Sea-Based Deterrence Fund for multiyear
procurement of certain critical components.
Sec. 1023. Operational readiness of littoral combat ships on extended
deployment.
Sec. 1024. Availability of funds for retirement or inactivation of
Ticonderoga-class cruisers or dock landing ships.
Sec. 1025. Policy of the United States on minimum number of battle force
ships.
Sec. 1026. Surveying ships.
Subtitle D--Counterterrorism
Sec. 1031. Modification of authority on support of special operations to
combat terrorism.
Sec. 1032. Termination of requirement to submit annual budget
justification display for Department of Defense combating
terrorism program.
Sec. 1033. Prohibition on use of funds for transfer or release of
individuals detained at United States Naval Station,
Guantanamo Bay, Cuba to the United States.
Sec. 1034. Prohibition on use of funds to construct or modify facilities
in the United States to house detainees transferred from
United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1035. Prohibition on use of funds for transfer or release of
individuals detained at United States Naval Station,
Guantanamo Bay, Cuba, to certain countries.
Sec. 1036. Prohibition on use of funds to close or relinquish control of
United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1037. Sense of Congress regarding providing for timely victim and
family testimony in military commission trials.
Sec. 1038. Report on public availability of military commissions
proceedings.
Subtitle E--Miscellaneous Authorities and Limitations
Sec. 1041. Limitation on expenditure of funds for emergency and
extraordinary expenses for intelligence and counter-
intelligence activities.
Sec. 1042. Matters relating to the submittal of future-years defense
programs.
Sec. 1043. Modifications to humanitarian demining assistance
authorities.
Sec. 1044. Prohibition on charge of certain tariffs on aircraft
traveling through channel routes.
Sec. 1045. Prohibition on lobbying activities with respect to the
Department of Defense by certain officers of the Armed Forces
and civilian employees of the Department following separation
from military service or employment with the Department.
Sec. 1046. Prohibition on use of funds for retirement of legacy maritime
mine countermeasures platforms.
Sec. 1047. Report on western Pacific Ocean ship depot maintenance
capability and capacity.
Sec. 1048. Annual training regarding the influence campaign of the
Russian Federation.
Sec. 1049. Workforce issues for military realignments in the Pacific.
Subtitle F--Studies and Reports
Sec. 1051. Elimination of reporting requirements terminated after
November 25, 2017, pursuant to section 1080 of the National
Defense Authorization Act for Fiscal Year 2016.
Sec. 1052. Report on transfer of defense articles to units committing
gross violations of human rights.
Sec. 1053. Report on the National Biodefense Analysis and
Countermeasures Center.
Sec. 1054. Report on Department of Defense Arctic capability and
resource gaps and required infrastructure.
Sec. 1055. Review and assessment of Department of Defense personnel
recovery and nonconventional assisted recovery mechanisms.
Sec. 1056. Mine warfare readiness inspection plan and report.
Sec. 1057. Annual report on civilian casualties in connection with
United States military operations.
Sec. 1058. Report on Joint Pacific Alaska Range Complex modernization.
Sec. 1059. Report on alternatives to aqueous film forming foam.
Sec. 1060. Assessment of global force posture.
Sec. 1061. Army modernization strategy.
Sec. 1062. Report on Army plan to improve operational unit readiness by
reducing number of non-deployable soldiers assigned to
operational units.
Sec. 1063. Efforts to combat physiological episodes on certain Navy
aircraft.
Sec. 1064. Studies on aircraft inventories for the Air Force.
Sec. 1065. Department of Defense review of Navy capabilities in the
Arctic region.
Sec. 1066. Comprehensive review of maritime intelligence, surveillance,
reconnaissance, and targeting capabilities.
Sec. 1067. Report on the need for a Joint Chemical-Biological Defense
Logistics Center.
Sec. 1068. Missile Technology Control Regime Category I unmanned aerial
vehicle systems.
Sec. 1069. Recommendations for interagency vetting of foreign
investments affecting national security.
Sec. 1070. Briefing on prior attempted Russian cyber attacks against
defense systems.
Sec. 1071. Enhanced analytical and monitoring capability of the defense
industrial base.
Sec. 1072. Report on defense of combat logistics and strategic mobility
forces.
Sec. 1073. Report on acquisition strategy to recapitalize the existing
system for undersea fixed surveillance.
Sec. 1074. Report on implementation of requirements in connection with
the organization of the Department of Defense for management
of special operations forces and special operations.
Sec. 1075. Report on the global food system and vulnerabilities relevant
to Department of Defense missions.
Subtitle G--Modernizing Government Technology
Sec. 1076. Definitions.
Sec. 1077. Establishment of agency information technology systems
modernization and working capital funds.
Sec. 1078. Establishment of technology modernization fund and board.
Subtitle H--Other Matters
Sec. 1081. Technical, conforming, and clerical amendments.
Sec. 1082. Clarification of applicability of certain provisions of law
to civilian judges of the United States Court of Military
Commission Review.
Sec. 1083. Modification of requirement relating to conversion of certain
military technician (dual status) positions to civilian
positions.
Sec. 1084. National Guard accessibility to Department of Defense issued
unmanned aircraft.
Sec. 1085. Sense of Congress regarding aircraft carriers.
Sec. 1086. Sense of Congress recognizing the United States Navy Seabees.
Sec. 1087. Construction of memorial to the crew of the Apollo I launch
test accident at Arlington National Cemetery.
Sec. 1088. Department of Defense engagement with covered non-Federal
entities.
Sec. 1089. Prize competition to identify root cause of physiological
episodes on Navy, Marine Corps, and Air Force training and
operational aircraft.
Sec. 1090. Providing assistance to House of Representatives in response
to cybersecurity events.
Sec. 1091. Transfer of surplus firearms to Corporation for the Promotion
of Rifle Practice and Firearms Safety.
Sec. 1092. Collaboration between Federal Aviation Administration and
Department of Defense on unmanned aircraft systems.
Sec. 1093. Carriage of certain programming.
Sec. 1094. National strategy for countering violent extremism.
Sec. 1095. Sense of Congress regarding World War I.
Sec. 1096. Notice to Congress of terms of Department of Defense
settlement agreements.
Sec. 1097. Office of Special Counsel reauthorization.
Sec. 1098. Air transportation of civilian Department of Defense
personnel to and from Afghanistan.
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 $4,500,000,000.
(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. CONSOLIDATION, CODIFICATION, AND IMPROVEMENT OF CERTAIN
AUTHORITIES AND REQUIREMENTS IN CONNECTION WITH THE
AUDIT OF THE FINANCIAL STATEMENTS OF THE DEPARTMENT
OF DEFENSE.
(a) Establishment of New Chapter on Audit.--
(1) In general.--Part I of subtitle A of title 10,
United States Code, is amended by inserting after
chapter 9 the following new chapter:
``CHAPTER 9A--AUDIT
``Sec.
``251. Audit of Department of Defense financial statements.
``252. Financial Improvement and Audit Remediation Plan.
``253. Audit: consolidated corrective action plan; centralized reporting
system.
``254. Audits: audit of financial statements of Department of Defense
components by independent external auditors.
``254a. Audits: use of commercial data integration and analysis products
in preparing audits.
``254b. Audits: selection of service providers for audit services.''.
(2) Clerical amendments.--The tables of chapters at
the beginning of subtitle A of title 10, United States
Code, and part I of such subtitle, are each amended by
inserting after the item relating to chapter 9 the
following new item:
``9A. Audit.......................................................251''.
(b) Requirement for Audit of Financial Statements.--
(1) In general.--Chapter 9A of title 10, United
States Code, as added by subsection (a), is amended by
inserting after the table of sections a new section 251
as follows:
``Sec. 251. Audit of Department of Defense financial statements
``(a) Annual Audit Required.--The Secretary of Defense
shall ensure that a full audit is performed on the financial
statements of the Department of Defense for each fiscal year as
required by section 3521(e) of title 31.
``(b) Annual Report on Audit.--The Secretary shall submit
to Congress the results of the audit performed in accordance
with subsection (a) for a fiscal year by not later than March
31 of the following fiscal year.''.
(2) Conforming repeal.--Section 1003 of the
National Defense Authorization Act for Fiscal Year 2014
(Public Law 113-66; 127 Stat. 842; 10 U.S.C. 2222 note)
is repealed.
(c) Financial Improvement and Audit Remediation Plan.--
(1) In general.--Chapter 9A of title 10, United
States Code, as added and amended by this section, is
further amended by inserting after section 251, as
added by subsection (b), a new section 252 consisting
of--
(A) a heading as follows:
``Sec. 252. Financial Improvement and Audit Remediation Plan''; and
(B) a text consisting subsection (a) of
section 1003 of the National Defense
Authorization Act for Fiscal Year 2010 (10
U.S.C. 2222 note).
(2) Amendments in connection with codification.--
Subsection (a) of section 252 of title 10, United
States Code, as added by paragraph (1), is amended--
(A) in paragraph (1), by striking ``develop
and''; and
(B) in paragraph (2)(B), by striking ``of
title 10, United States Code'' and inserting
``of this title''.
(3) Improvements.--Such section 252, as added and
amended by this subsection, is further amended--
(A) in the subsection headings for
subsection (a), by striking ``Financial
Improvement and Audit Readiness Plan'' and
inserting ``Financial Improvement and Audit
Remediation Plan'';
(B) in subsection (a)--
(i) in paragraph (1), by striking
``Financial Improvement and Audit
Readiness Plan'' and inserting
``Financial Improvement and Audit
Remediation Plan''; and
(ii) in paragraph (2)--
(I) in subparagraph (A)--
(aa) by striking
the matter preceding
clause (i) and
inserting the
following:
``(A) describe specific actions to be
taken, including interim milestones with a
detailed description of the subordinate
activities required, and estimate the costs
associated with--'';
(bb) in clause
(ii), by striking ``are
validated as ready for
audit'' and all that
follows and inserting
``go under full
financial statement
audit, and that the
Department leadership
makes every effort to
reach an unmodified
opinion as soon as
possible;''; and
(cc) by adding at
the end the following
new clauses:
``(iii) achieving an unqualified
audit opinion for each major element of
the statement of budgetary resources of
the Department of Defense; and
``(iv) addressing the existence and
completeness of each major category of
Department of Defense assets; and'';
(II) in subparagraph (B)--
(aa) by inserting
``business'' before
``process and
control'';
(bb) by striking
``the business
enterprise architecture
and transition plan
required by''; and
(cc) by striking
the semicolon at the
end and inserting a
period; and
(III) by striking
subparagraphs (C) and (D); and
(C) by inserting after subsection (a) the
following new subsection (b):
``(b) Report and Briefing Requirements.--
``(1) Annual report.--
``(A) In general.--Not later than June 30,
2019, and annually thereafter, the Under
Secretary of Defense (Comptroller) shall submit
to the congressional defense committees a
report on the status of the implementation by
the Department of Defense of the Financial
Improvement and Audit Remediation Plan under
subsection (a).
``(B) Elements.--Each report under
subparagraph (A) shall include the following:
``(i) An analysis of the
consolidated corrective action plan
management summary prepared pursuant to
section 253a of this title.
``(ii) Current Department of
Defense-wide information on the status
of corrective actions plans related to
critical capabilities and material
weaknesses, including the standard data
elements recommended in the
implementation guide for Office of
Management and Budget Circular A-123,
for the armed forces, military
departments, and Defense Agencies.
``(iii) A current description of
the work undertaken and planned to be
undertaken by the Department of
Defense, and the military departments,
Defense Agencies, and other
organizations and elements of the
Department, to test and verify
transaction data pertinent to obtaining
an unqualified audit of their financial
statements, including from feeder
systems.
``(iv) A current projected timeline
of the Department in connection with
the audit of the full financial
statements of the Department, to be
submitted to Congress annually not
later than six months after the
submittal to Congress of the budget of
the President for a fiscal year under
section 1105 of title 31, including the
following:
``(I) The date on which the
Department projects the
beginning of an audit of the
full financial statements of
the Department, and the
military departments, Defense
Agencies, and other
organizations and elements of
the Department, for a fiscal
year.
``(II) The date on which
the Department projects the
completions of audits of the
full financial statements of
the Department, and the
military departments, Defense
Agencies, and other
organizations and elements of
the Department, for a fiscal
year.
``(III) The dates on which
the Department estimates it
will obtain an unqualified
audit opinion on the full
financial statements of the
Department, the military
departments, the Defense
Agencies, and other
organizations and elements of
the Department for a fiscal
year.
``(v) A current estimate of the
anticipated annual costs of maintaining
an unqualified audit opinion on the
full financial statements of the
Department, the military departments,
the Defense Agencies, and other
organizations and elements of the
Department for a fiscal year after an
unqualified audit opinion on such full
financial statements for a fiscal year
is first obtained.
``(vi) A certification of the
results of the audit of the financial
statements of the Department performed
for the preceding fiscal year, and a
statement summarizing, based on such
results, the current condition of the
financial statements of the Department.
``(2) Semiannual briefings.--Not later than January
31 and June 30 each year, the Under Secretary of
Defense (Comptroller) and the comptrollers of the
military departments shall provide a briefing to the
congressional defense committees on the status of the
corrective action plan.
``(3) Critical capabilities defined.--In this
subsection, the term `critical capabilities' means the
critical capabilities described in the Department of
Defense report titled `Financial Improvement and Audit
Readiness (FIAR) Plan Status Report' and dated May
2016.''.
(4) Conforming repeal.--Section 1003 of the
National Defense Authorization Act for Fiscal Year 2010
is repealed.
(d) Consolidated Corrective Action Plan.--Chapter 9A of
title 10, United States Code, as added and amended by this
section, is further amended by adding after section 252, as
added and amended by subsection (c), a new section 253
consisting of--
(1) a heading as follows:
``Sec. 253. Audit: consolidated corrective action plan; centralized
reporting system''; and
(2) a text as follows:
``The Under Secretary of Defense (Comptroller) shall--
``(1) on a bimonthly basis, prepare a consolidated
corrective action plan management summary on the status
of key corrective actions plans related to critical
capabilities for the armed forces and for the
components of the Department of Defense that support
the armed forces; and
``(2) develop and maintain 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
Office of Management and Budget Circular A-123, for key
corrective action plans and findings and
recommendations Department-wide that pertain to
critical capabilities.''.
(e) Audit of DoD Components by Independent External
Auditors.--
(1) In general.--Chapter 9A of title 10, United
States Code, as added and amended by this section, is
further amended by adding after section 253, as added
and amended by subsection (d), a new section 254
consisting of--
(A) a heading as follows:
``Sec. 254. Audits: audit of financial statements of Department of
Defense components by independent external
auditors''; and
(B) a text consisting of the text of
section 1005 of the National Defense
Authorization Act for Fiscal Year 2016 (Public
Law 114-92; 129 Stat. 861; 10 U.S.C. 2222
note).
(2) Amendments in connection with codification.--
Section 254 of title 10, United States Code, as added
by paragraph (1), is further amended--
(A) in subsections (d)(1)(A) and (e)(3), by
striking ``, United States Code''; and
(B) in subsections (a) and (e)(2), by
striking ``, United States Code,''.
(3) Improvements.--Such section 254, as added and
amended by this subsection, is further amended--
(A) in subsection (d)(1)--
(i) in subparagraph (A), by
inserting ``and the Chief Management
Officer of the Department of Defense''
before the semicolon;
(ii) in subparagraph (B), by
striking ``and'' at the end;
(iii) by redesignating subparagraph
(C) as subparagraph (D); and
(iv) by inserting after
subparagraph (B), the following new
subparagraph (C):
``(C) the head of each component audited;
and''; and
(B) in subsection (e)--
(i) by striking paragraph (1); and
(ii) by redesignating paragraphs
(2) and (3) as paragraphs (1) and (2),
respectively.
(4) Conforming repeal.--Section 1005 of the
National Defense Authorization Act for Fiscal Year 2016
is repealed.
(f) Use of Commercial Data Integration and Analysis
Products.--
(1) In general.--Chapter 9A of title 10, United
States Code, as added and amended by this section, is
further amended by adding after section 254, as added
and amended by subsection (e), a new section 254a
consisting of--
(A) a heading as follows:
``Sec. 254a. Audits: use of commercial data integration and analysis
products in preparing audits''; and
(B) a text consisting of subsections (a)
and (b) of section 1003 of the National Defense
Authorization Act for Fiscal Year 2017 (Public
Law 114-328; 130 Stat. 2380; 10 U.S.C. 2222
note).
(2) Amendments in connection with codification.--
Section 254a of title 10, United States Code, as added
by paragraph (1), is amended--
(A) in subsection (a)--
(i) by striking ``of title 10,
United States Code,'' and inserting
``of this title''; and
(ii) by striking ``, as soon as
practicable,''; and
(B) in subsection (b), by striking ``this
deployment'' and inserting ``deployment of
technologies and services as described in
subsection (a)''.
(3) Conforming repeal.--Section 1003 of the
National Defense Authorization Act for Fiscal Year 2017
is repealed.
(g) Selection of Service Providers for Audit Services.--
(1) In general.--Chapter 9A of title 10, United
States Code, as added and amended by this section, is
further amended by adding after section 254a, as added
and amended by subsection (f), a new section 254b
consisting of--
(A) a heading as follows:
``Sec. 254b. Audits: selection of service providers for audit
services''; and
(B) a text consisting of the text of
section 892 of the National Defense
Authorization Act for Fiscal Year 2017 (Public
Law 114-328; 130 Stat. 2324; 10 U.S.C. 2331
note).
(2) Improvement.--Section 254b of title 10, United
States Code, as added by paragraph (1), is amended by
striking ``and audit readiness services''.
(3) Conforming repeal.--Section 892 of the National
Defense Authorization Act for Fiscal Year 2017 is
repealed.
(h) Repeal of Certain Requirements in Connection With
Reliability of DoD Financial Statements.--Section 1008 of the
National Defense Authorization Act for Fiscal Year 2002 (10
U.S.C. 113 note) is amended by striking subsections (d), (e),
and (f).
SEC. 1003. 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. 1004. RANKINGS OF AUDITABILITY OF FINANCIAL STATEMENTS OF THE
ORGANIZATIONS AND ELEMENTS OF THE DEPARTMENT OF
DEFENSE.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense shall, in coordination with
the Under Secretary of Defense (Comptroller), submit to the
congressional defense committees a report setting forth a
ranking of the auditability of the financial statements of the
departments, agencies, organizations, and elements of the
Department of Defense according to the progress made toward
achieving auditability as required by law. The Under Secretary
shall determine the criteria to be used for purposes of the
rankings.
SEC. 1005. FINANCIAL OPERATIONS DASHBOARD FOR THE DEPARTMENT OF
DEFENSE.
(a) In General.--The Under Secretary of Defense
(Comptroller) shall develop and maintain on an Internet website
available to Department of Defense agencies a tool (commonly
referred to as a ``dashboard)'' to permit officials to track
key indicators of the financial performance of the Department
of Defense. Such key indicators may include 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.
(b) 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.
(c) 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.
(d) Updates.--The information covered by the tool shall be
updated not less frequently than quarterly.
SEC. 1006. REVIEW AND RECOMMENDATIONS ON EFFORTS TO OBTAIN AUDIT
OPINION ON FULL FINANCIAL STATEMENTS.
(a) In General.--The Secretary of Defense may establish
within the Department of Defense 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.
(b) Scope of Activities.--A team established pursuant to
subsection (a) shall--
(1) 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;
(2) estimate when an audit opinion on the full
financial statements of the Department will be
obtained; and
(3) 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.
(c) Reports.--
(1) Report on establishment of team.--If the
Secretary takes action pursuant to subsection (a), the
Secretary shall, not later than September 30, 2019,
submit to the congressional defense committees a report
on the team established pursuant to that subsection,
including a description of the actions taken and to be
taken by the team pursuant to subsection (b).
(2) Report on determination not to establish
team.--If as of June 1, 2019, the Secretary has
determined not to establish a team authorized by
subsection (a), the Secretary shall submit to the
Committees on Armed Services of the Senate and the
House of Representatives on that date a report on the
determination, including an explanation and
justification for the determination.
SEC. 1007. NOTIFICATION REQUIREMENT FOR CERTAIN CONTRACTS FOR AUDIT
SERVICES.
(a) Notification to Congress.--If the Under Secretary of
Defense (Comptroller) makes a written finding that a delay in
performance of a covered contract while a protest is pending
would hinder the annual preparation of audited financial
statements for the Department of Defense, and the head of the
procuring activity responsible for the award of the covered
contract does not authorize the award of the contract (pursuant
to section 3553(c)(2) of title 31, United States Code) or the
performance of the contract (pursuant to section 3553(d)(3)(C)
of such title), the Secretary of Defense shall--
(1) notify the congressional defense committees
within 10 days after such finding is made; and
(2) describe any steps the Department of Defense
plans to take to mitigate any hindrance identified in
such finding to the annual preparation of audited
financial statements for the Department.
(b) Covered Contract Defined.--In this section, the term
``covered contract'' means a contract for services to perform
an audit to comply with the requirements of section 3515 of
title 31, United States Code.
Subtitle B--Counterdrug Activities
SEC. 1011. EXTENSION OF AUTHORITY TO SUPPORT A UNIFIED COUNTERDRUG AND
COUNTERTERRORISM CAMPAIGN IN COLOMBIA.
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''.
SEC. 1012. VENUE FOR PROSECUTION OF MARITIME DRUG TRAFFICKING.
(a) In General.--Section 70504(b) of title 46, United
States Code, is amended to read as follows:
``(b) Venue.--A person violating section 70503 or 70508--
``(1) shall be tried in the district in which such
offense was committed; or
``(2) if the offense was begun or committed upon
the high seas, or elsewhere outside the jurisdiction of
any particular State or district, may be tried in any
district.''.
(b) Conforming Amendment.--Section 1009(d) of the
Controlled Substances Import and Export Act (21 U.S.C. 959(d))
is amended--
(1) in the subsection title, by striking ``;
Venue''; and
(2) by striking ``Any person who violates this
section shall be tried in the United States district
court at the point of entry where such person enters
the United States, or in the United States District
Court for the District of Columbia.''.
Subtitle C--Naval Vessels and Shipyards
SEC. 1021. NATIONAL DEFENSE SEALIFT FUND.
(a) Fund Purposes; Deposits.--Section 2218 of title 10,
United States Code, is amended--
(1) in subsection (c)--
(A) in paragraph (1)--
(i) by striking subparagraph (D);
and
(ii) by redesignating subparagraph
(E) as subparagraph (D);
(B) in paragraph (3), by striking ``or
(D)''; and
(2) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (B), by
inserting ``and'' after the semicolon;
(ii) in subparagraph (C), by
striking ``; and'' and inserting a
period; and
(iii) by striking subparagraph (D);
and
(B) by adding at the end the following new
paragraph (4):
``(4) Any other funds made available to the
Department of Defense to carry out any of the purposes
described in subsection (c).''.
(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 under subsection
(c)(1)(E) and paragraph (1), 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 any used vessel,
regardless of where such vessel was constructed if such
vessel--
``(i) participated in the Maritime Security Fleet;
and
``(ii) is available for purchase at a reasonable
cost, as determined by the Secretary.
``(B) If the Secretary determines that no used vessel
meeting the requirements under clauses (i) and (ii) of
subparagraph (A) is available, the Secretary may purchase a
used vessel comparable to a vessel described in clause (i) of
subparagraph (A), regardless of the source of the vessel or
where the vessel was constructed, if such vessel is available
for purchase at a reasonable cost, as determined by the
Secretary.
``(C) The Secretary may not use the authority under this
paragraph to purchase more than two foreign constructed ships.
``(D) The Secretary shall ensure that the initial
conversion, or modernization of any vessel purchased under the
authority of subparagraph (A) occurs in a shipyard located in
the United States.
``(E) Not later than 30 days after the purchase of any
vessel using the authority under this paragraph, the Secretary,
in consultation with the Maritime Administrator, shall submit
to the congressional defense committees a report that contains
each of the following with respect to such purchase:
``(i) The date of the purchase.
``(ii) The price at which the vessel was purchased.
``(iii) The anticipated cost of modernization of
the vessel.
``(iv) The proposed military utility of the vessel.
``(v) The proposed date on which the vessel will be
available for use by the Ready Reserve.
``(vi) The contracting office responsible for the
completion of the purchase.
``(vii) Certification that--
``(I) there was no vessel available for
purchase at a reasonable price that was
constructed in the United States; and
``(II) the used vessel purchased supports
the recapitalization of the Ready Reserve Force
component of the National Defense Reserve Fleet
or the Military Sealift Command surge fleet.''.
(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) Budgeting for Construction of Naval Vessels.--Section
231 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``year--'' and inserting
``year each of the following:'';
(B) in paragraph (1)--
(i) by striking ``a plan'' and
inserting ``A plan'';
(ii) by striking ``combatant and
support vessels for the Navy'' and
inserting ``naval vessels'';
(iii) by striking the semicolon and
inserting ``for each of the following
classes of ships:''; and
(iv) by adding at the end the
following new subparagraphs:
``(A) Combatant and support vessels.
``(B) Auxiliary vessels.''; and
(C) in paragraph (2), by striking ``a
certification'' and inserting ``A
certification'';
(2) in subsection (b)(2)--
(A) by redesignating subparagraphs (B)
through (D) as subparagraphs (C) through (E),
respectively;
(B) by inserting after subparagraph (A) the
following new subparagraph (B):
``(B) A detailed program for the construction of
auxiliary vessels for the Navy over the next 30 fiscal
years.''; and
(C) in subparagraph (E), as redesignated by
subparagraph (A), by striking ``subparagraph
(C)'' and inserting ``subparagraph (D)''; and
(3) in subsection (f), by adding at the end the
following new paragraph:
``(5) The term `auxiliary vessel' means any ship
designed to operate in the open ocean in a variety of
sea states to provide general support to either
combatant forces or shore based establishments.''.
SEC. 1022. USE OF NATIONAL SEA-BASED DETERRENCE FUND FOR MULTIYEAR
PROCUREMENT OF CERTAIN CRITICAL COMPONENTS.
(a) In General.--Subsection (i) of section 2218a of title
10, United States Code, is amended--
(1) by striking ``the common missile compartment''
each place it appears and inserting ``critical
components''; and
(2) in paragraph (1), by striking ``critical parts,
components, systems, and subsystems'' and inserting
``critical components''.
(b) Definition of Critical Component.--Subsection (k) of
such section is amended by adding at the end the following new
paragraph:
``(3) The term `critical component' means any of
the following:
``(A) A common missile compartment
component.
``(B) A spherical air flask.
``(C) An air induction diesel exhaust
valve.
``(D) An auxiliary seawater valve.
``(E) A hovering valve.
``(F) A missile compensation valve.
``(G) A main seawater valve.
``(H) A launch tube.
``(I) A trash disposal unit.
``(J) A logistics escape trunk.
``(K) A torpedo tube.
``(L) A weapons shipping cradle weldment.
``(M) A control surface.
``(N) A launcher component.
``(O) A propulsor.''.
(c) Clerical Amendment.--The subsection heading for
subsection (i) of such section is amended by striking ``of the
Common Missile Compartment''.
SEC. 1023. OPERATIONAL READINESS OF LITTORAL COMBAT SHIPS ON EXTENDED
DEPLOYMENT.
Section 7310(a) 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) A naval vessel''; and
(3) by adding at the end the following new
paragraph:
``(2)(A) Notwithstanding paragraph (1) and 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.
``(C) In this paragraph:
``(i) The term `corrective and preventive
maintenance or repair' means--
``(I) maintenance or repair actions
performed as a result of a failure in order to
return or restore equipment to acceptable
performance levels; and
``(II) scheduled maintenance or repair
actions to prevent or discover functional
failures.
``(ii) The term `facilities maintenance' means
preservation or corrosion control efforts and cleaning
services.
``(D) This paragraph shall expire on September 30, 2020.''.
SEC. 1024. AVAILABILITY OF FUNDS FOR RETIREMENT OR INACTIVATION OF
TICONDEROGA-CLASS CRUISERS OR DOCK LANDING SHIPS.
None of the funds authorized to be appropriated by this Act
or otherwise made available for the Department of Defense for
fiscal year 2018 may be obligated or expended--
(1) to retire, prepare to retire, or inactivate a
cruiser or dock landing ship; or
(2) to place more than six cruisers and one dock
landing ship in the modernization program under section
1026(a)(2) of the Carl Levin and Howard P. ``Buck''
McKeon National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113-291; 128 Stat. 3490).
SEC. 1025. 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 ship'' has the meaning given the term in
Secretary of the Navy Instruction 5030.8C.
SEC. 1026. 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.
Subtitle D--Counterterrorism
SEC. 1031. MODIFICATION OF AUTHORITY ON SUPPORT OF SPECIAL OPERATIONS
TO COMBAT TERRORISM.
(a) Oversight of Support.--Section 127e 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):
``(g) Oversight by ASD for SOLIC.--The Assistant Secretary
of Defense for Special Operations and Low-Intensity Conflict
shall have primary responsibility within the Office of the
Secretary of Defense for oversight of policies and programs for
support authorized by this section.''.
(b) Report Submittal Matters.--Subsection (h) of such
section, as redesignated by subsection (a)(1) of this section,
is amended--
(1) in paragraph (1), by striking ``March 1 each
year'' and inserting ``120 days after the last day of
each fiscal year''; and
(2) in paragraph (2)--
(A) by striking ``September 1 each year''
and inserting ``six months after the date of
the submittal of the report most recently
submitted under paragraph (1)''; and
(B) by inserting ``under this paragraph''
after ``in which the report''.
SEC. 1032. TERMINATION OF REQUIREMENT TO SUBMIT ANNUAL BUDGET
JUSTIFICATION DISPLAY FOR DEPARTMENT OF DEFENSE
COMBATING TERRORISM PROGRAM.
Section 229 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(e) Termination.--The requirement to submit a budget
justification display under this section shall terminate on
December 31, 2020.''.
SEC. 1033. PROHIBITION ON USE OF FUNDS FOR TRANSFER OR RELEASE OF
INDIVIDUALS DETAINED AT UNITED STATES NAVAL
STATION, GUANTANAMO BAY, CUBA TO THE UNITED STATES.
No amounts authorized to be appropriated or otherwise made
available for the Department of Defense may be used during the
period beginning on the date of the enactment of this Act and
ending on December 31, 2018, to transfer, release, or assist in
the transfer or release to or within the United States, its
territories, or possessions of Khalid Sheikh Mohammed or any
other detainee who--
(1) is not a United States citizen or a member of
the Armed Forces of the United States; and
(2) is or was held on or after January 20, 2009, at
United States Naval Station, Guantanamo Bay, Cuba, by
the Department of Defense.
SEC. 1034. PROHIBITION ON USE OF FUNDS TO CONSTRUCT OR MODIFY
FACILITIES IN THE UNITED STATES TO HOUSE DETAINEES
TRANSFERRED FROM UNITED STATES NAVAL STATION,
GUANTANAMO BAY, CUBA.
(a) In General.--No amounts authorized to be appropriated
or otherwise made available for the Department of Defense may
be used during the period beginning on the date of the
enactment of this Act and ending on December 31, 2018, to
construct or modify any facility in the United States, its
territories, or possessions to house any individual detained at
Guantanamo for the purposes of detention or imprisonment in the
custody or under the control of the Department of Defense.
(b) Exception.--The prohibition in subsection (a) shall not
apply to any modification of facilities at United States Naval
Station, Guantanamo Bay, Cuba.
(c) Individual Detained at Guantanamo Defined.--In this
section, the term ``individual detained at Guantanamo'' has the
meaning given that term in section 1034(f)(2) of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-
92; 129 Stat. 971; 10 U.S.C. 801 note).
SEC. 1035. PROHIBITION ON USE OF FUNDS FOR TRANSFER OR RELEASE OF
INDIVIDUALS DETAINED AT UNITED STATES NAVAL
STATION, GUANTANAMO BAY, CUBA, TO CERTAIN
COUNTRIES.
No amounts authorized to be appropriated or otherwise made
available for the Department of Defense may be used during the
period beginning on the date of the enactment of this Act and
ending on December 31, 2018, to transfer, release, or assist in
the transfer or release of any individual detained in the
custody or under the control of the Department of Defense at
United States Naval Station, Guantanamo Bay, Cuba, to the
custody or control of any country, or any entity within such
country, as follows:
(1) Libya.
(2) Somalia.
(3) Syria.
(4) Yemen.
SEC. 1036. PROHIBITION ON USE OF FUNDS TO CLOSE OR RELINQUISH CONTROL
OF UNITED STATES NAVAL STATION, GUANTANAMO BAY,
CUBA.
None of the funds authorized to be appropriated or
otherwise made available for the Department of Defense for
fiscal year 2018 may be used--
(1) to close or abandon United States Naval
Station, Guantanamo Bay, Cuba;
(2) to relinquish control of Guantanamo Bay to the
Republic of Cuba; or
(3) to implement a material modification to the
Treaty Between the United States of America and Cuba
signed at Washington, D.C. on May 29, 1934, that
constructively closes United States Naval Station,
Guantanamo Bay.
SEC. 1037. SENSE OF CONGRESS REGARDING PROVIDING FOR TIMELY VICTIM AND
FAMILY TESTIMONY IN MILITARY COMMISSION TRIALS.
It is the sense of Congress that in the interests of
justice, efficiency, and providing closure to victims of
terrorism and their families, military judges overseeing
military commissions in United States Naval Station, Guantanamo
Bay, Cuba, should consider making arrangements to take recorded
testimony from victims and their families should they wish to
provide testimony before such a commission.
SEC. 1038. REPORT ON PUBLIC AVAILABILITY OF MILITARY COMMISSIONS
PROCEEDINGS.
(a) GAO Study.--The Comptroller General of the United
States shall conduct a study on the feasibility and
advisability of expanding the public availability of military
commissions proceedings that are made open to the public.
(b) Report to Congress.--
(1) Interim report.--Not later than April 1, 2018,
the Comptroller General shall submit to the Committees
on Armed Services of the Senate and of the House of
Representatives a report containing the interim
findings of the Comptroller General pursuant to the
study required by subsection (a).
(2) Final report.--Not later than one year after
the date of the enactment of this Act, the Comptroller
General shall submit to the Committees on Armed
Services of the Senate and of the House of
Representatives a final report on the findings and
recommendations of the Comptroller General pursuant to
such study.
(3) Form of reports.--The reports required by this
subsection shall be submitted in unclassified form, but
may contain a classified annex.
Subtitle E--Miscellaneous Authorities and Limitations
SEC. 1041. LIMITATION ON EXPENDITURE OF FUNDS FOR EMERGENCY AND
EXTRAORDINARY EXPENSES FOR INTELLIGENCE AND
COUNTER-INTELLIGENCE ACTIVITIES.
(a) Limitation.--Subsection (c) of section 127 of title 10,
United States Code, is amended by adding at the end the
following new paragraph:
``(4)(A) Notwithstanding paragraph (1), funds may not be
obligated or expended in an amount in excess of $100,000 under
the authority of subsection (a) or (b) for intelligence or
counter-intelligence activities until the Secretary of Defense
has notified the congressional defense committees and the
congressional intelligence committees of the intent to obligate
or expend the funds and 15 days have elapsed since the date of
the notification.
``(B) The Secretary of Defense may waive subparagraph (A)
if the Secretary determines that such a waiver is necessary due
to extraordinary circumstances that affect the national
security of the United States. If the Secretary issues a waiver
under this subparagraph, the Secretary shall submit to the
congressional defense and congressional intelligence
committees, by not later than 48 hours after issuing the
waiver, written notice of and justification for the waiver.''.
(b) Annual Report.--Subsection (d) of such section is
amended--
(1) by striking ``Not later'' and inserting ``(1)
Not later'';
(2) by striking ``to the congressional defense
committees'' and all that follows through the period at
the end and inserting an em dash; and
(3) by adding at the end the following:
``(A) to the congressional defense committees a
report on all expenditures during the preceding fiscal
year under subsections (a) and (b); and
``(B) to the congressional intelligence committees
a report on expenditures relating to intelligence and
counter-intelligence during the preceding fiscal year
under subsections (a) and (b).
``(2) Each report required to be submitted under paragraph
(1) shall include a detailed explanation, by category of
activity and approving authority (the Secretary of Defense, the
Inspector General of the Department of Defense, and the
Secretary of a military department), of the expenditures during
the preceding fiscal year.''.
(c) Definition.--Such section is further amended by adding
at the end the following new subsection:
``(e) Definition of Congressional Intelligence
Committees.--In this section, the term `congressional
intelligence committees' means the Permanent Select Committee
on Intelligence of the House of Representatives and the Select
Committee on Intelligence of the Senate.''.
(d) Report on Intelligence and Counter-intelligence Funding
Authorities.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the congressional defense and intelligence committees a report
describing current and, if necessary, any required, funding
authorities to sustain recurring expenses for intelligence and
counter-intelligence activities in lieu of section 127 of title
10, United States Code. Such report shall include a description
of the potential benefits and negative consequences of the
codification of a distinct authority for such purposes.
SEC. 1042. 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 time that'' and inserting ``not
later than five days after the date on which''.
(b) Manner and Form of Submittal.--Such section is further
amended by adding at the end the following new subsection:
``(d)(1) The Secretary of Defense shall make available to
Congress, the Congressional Budget Office, the Comptroller
General of the United States, and the Congressional Research
Service each future-years defense program under this section as
follows:
``(A) By making such program available
electronically in the form of an unclassified
electronic database.
``(B) By delivering printed copies of such program
to the congressional defense committees.
``(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
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) 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.
(e) 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. 1043. MODIFICATIONS TO HUMANITARIAN DEMINING ASSISTANCE
AUTHORITIES.
(a) Modification to the Role of Armed Forces in Providing
Humanitarian Demining Assistance.--Subsection (a)(3) of section
407 of title 10, United States Code, is amended--
(1) in the matter preceding subparagraph (A), by
striking ``or stockpiled conventional munitions
assistance''; and
(2) in subparagraph (A)--
(A) by inserting ``, unexploded explosive
ordnance,'' after ``landmines''; and
(B) by striking ``, or stockpiled
conventional munitions, as applicable''.
(b) Modification to Definition of Humanitarian Demining
Assistance.--Subsection (e)(1) of such section is amended--
(1) by inserting ``, unexploded explosive
ordnance,'' after ``landmines'' in each place it
appears; and
(2) by striking ``, and the disposal'' and all that
follows and inserting a period.
(c) Modification to Definition of Stockpiled Conventional
Munitions Assistance.--Subsection (e)(2) of such section is
amended, in the second sentence, by striking ``, the detection
and clearance of landmines and other explosive remnants of
war,''.
SEC. 1044. PROHIBITION ON CHARGE OF CERTAIN TARIFFS ON AIRCRAFT
TRAVELING THROUGH CHANNEL ROUTES.
(a) In General.--Chapter 157 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2652. Prohibition on charge of certain tariffs on aircraft
traveling through channel routes
``The United States Transportation Command may not charge a
tariff by reason of the use by a military service of an
aircraft of that military service on a route designated by the
United States Transportation Command as a channel route.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2652. Prohibition on charge of certain tariffs on aircraft traveling
through channel routes.''.
SEC. 1045. PROHIBITION ON LOBBYING ACTIVITIES WITH RESPECT TO THE
DEPARTMENT OF DEFENSE BY CERTAIN OFFICERS OF THE
ARMED FORCES AND CIVILIAN EMPLOYEES OF THE
DEPARTMENT FOLLOWING SEPARATION FROM MILITARY
SERVICE OR EMPLOYMENT WITH THE DEPARTMENT.
(a) Two-year Prohibition.--
(1) Prohibition.--An individual described in
paragraph (2) 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.
(2) Covered individuals.--An individual described
in this paragraph is the following:
(A) An officer of the Armed Forces in grade
O-9 or higher at the time of retirement or
separation from the Armed Forces.
(B) A civilian employee of the Department
of Defense who had a civilian grade equivalent
to a military grade specified in subparagraph
(A) at the time of the employee's retirement or
separation from service with the Department.
(b) One-year Prohibition.--
(1) Prohibition.--An individual described in
paragraph (2) may not engage in lobbying activities
with respect to the Department of Defense during the
one-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.
(2) Covered individuals.--An individual described
in this paragraph is the following:
(A) An officer of the Armed Forces in grade
O-7 or O-8 at the time of retirement or
separation from the Armed Forces.
(B) A civilian employee of the Department
of Defense who had a civilian grade equivalent
to a military grade specified in subparagraph
(A) at the time of the employee's retirement or
separation from service with the Department.
(c) Definitions.--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 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 terms ``lobbying activities'' and
``lobbying contacts'' have the meaning given such terms
in section 3 of the Lobbying Disclosure Act of 1995 (2
U.S.C. 1602).
(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)).
SEC. 1046. PROHIBITION ON USE OF FUNDS FOR RETIREMENT OF LEGACY
MARITIME MINE COUNTERMEASURES PLATFORMS.
(a) Prohibition.--Except as provided in subsection (b), the
Secretary of the Navy may not obligate or expend funds to--
(1) retire, prepare to retire, transfer, or place
in storage any AVENGER-class mine countermeasures ship
or associated equipment;
(2) retire, prepare to retire, transfer, or place
in storage any SEA DRAGON (MH-53) helicopter or
associated equipment;
(3) make any reductions to manning levels with
respect to any AVENGER-class mine countermeasures ship;
or
(4) make any reductions to manning levels with
respect to any SEA DRAGON helicopter squadron or
detachment.
(b) Waiver.--The Secretary of the Navy may waive the
prohibition under subsection (a)--
(1) with respect to an AVENGER-class ship or a SEA
DRAGON helicopter, if the Secretary certifies to the
congressional defense committees that the Secretary
has--
(A) identified a replacement capability and
the necessary quantity of such systems to meet
all combatant commander mine countermeasures
operational requirements that are currently
being met by the ship or helicopter to be
retired, transferred, or placed in storage;
(B) achieved initial operational capability
of all systems described in subparagraph (A);
and
(C) deployed a sufficient quantity of
systems described in subparagraph (A) that have
achieved initial operational capability to
continue to meet or exceed all combatant
commander mine countermeasures operational
requirements currently being met by the ship or
helicopter to be retired, transferred, or
placed in storage; or
(2) with respect to a SEA DRAGON helicopter, if the
Secretary certifies to such committees that the
Secretary has determined, on a case-by-case basis, that
such a helicopter is non-operational because of a
mishap or other damage or because it is uneconomical to
repair.
SEC. 1047. REPORT ON WESTERN PACIFIC OCEAN SHIP DEPOT MAINTENANCE
CAPABILITY AND CAPACITY.
(a) Limitation of Use of Funds.--Not more than 75 percent
of the amount authorized to be appropriated by this Act for
Secretary of the Navy for emergency and extraordinary expenses
may be obligated or expended before the date on which the
report required by subsection (b) is submitted to the
congressional defense committees.
(b) Report Required.--
(1) In general.--The Secretary of the Navy shall
submit to the congressional defense committees a report
on the ship depot maintenance capability and capacity
required for Navy ships operating in the western
Pacific Ocean. The report shall include each of the
following:
(A) An analysis of the requirements
relating to Navy ship depot maintenance during
peacetime and in response to the most likely,
stressing, and dangerous contingency scenarios.
(B) A description of the extent to which
the existing Navy ship depot capacity can meet
the requirements described in subparagraph (A).
(C) A description of any specific
shortfalls in such capability or capacity with
respect to meeting such requirements.
(D) An analysis of options to address any
shortfalls described in subparagraph (C).
(2) Form of report.--The report required under this
subsection shall be submitted in unclassified form, but
may contain a classified annex.
(c) Certification Required.--Not later than 90 days after
the submittal of the report required by subsection (b), the
Secretary of Defense shall submit to the congressional defense
committees a certification--
(1) that the current ship depot maintenance
capability and capacity, including drydocks, in the
western Pacific Ocean are sufficient to meet peacetime
and contingency requirements; or
(2) certification that such capability and capacity
are not sufficient and a description of the options
being pursued to address areas of insufficiency.
(d) Business Case Analysis Required.--
(1) In general.--Not later than September 30, 2018,
the Secretary of the Navy shall submit to the
congressional defense committees a business case
analysis of the options described in paragraph (2) that
includes the analysis described in paragraph (3).
(2) Options to be included.--The business case
analysis required by paragraph (1) shall cover options
that could increase the Navy depot-level ship repair
capacity and capabilities in the western Pacific Ocean,
including the following four courses of action:
(A) Enhancing current maintenance
capability and capacity by repairing Lima
Wharf, United States Naval Base, Guam.
(B) Adding drydock capability and capacity
with associated facilities for conventionally-
powered ships.
(C) Adding drydock capability and capacity
with associated facilities for nuclear-powered
submarines.
(D) Maintaining the status quo with respect
to the ship repair capabilities and capacity in
the western Pacific Ocean.
(3) Analysis of options.--For each course of action
listed in paragraph (2), the Secretary shall include an
analysis of the following:
(A) Any additional maintenance actions that
would be possible with respect to the course of
action and estimated use during peacetime and
during the most likely, stressing and dangerous
contingency operations.
(B) Any additional infrastructure,
including facilities and equipment, that would
be necessary to carry out the course of action.
(C) The military, civilian, and contractor
personnel requirements to reach full
operational capability with respect to the
course of action, including personnel to be
assigned on both a temporary and permanent
basis.
(D) A description of how the course of
action would improve materiel readiness and
operational availability of ships operating in
the Pacific.
(E) The estimated cost and schedule to
implement the course of action, including
detailed estimates for major cost elements.
(F) In the case of a course of action
described in subparagraph (B) or (C) of
paragraph (2), an evaluation of acquisition
strategies (including procurement, leasing,
public-private partnerships, and enhanced use
leases) and an identification of the desired
ship tonnage each drydock would be able to
accommodate.
SEC. 1048. ANNUAL TRAINING REGARDING THE INFLUENCE CAMPAIGN OF THE
RUSSIAN FEDERATION.
In addition to any currently mandated training, the
Secretary of Defense may furnish annual training to all members
of the Armed Forces and all civilian employees of the
Department of Defense, regarding attempts by the Russian
Federation and its proxies and agents to influence and recruit
members of the Armed Forces as part of its influence campaign.
SEC. 1049. WORKFORCE ISSUES FOR MILITARY REALIGNMENTS IN THE PACIFIC.
(a) In General.--Section 6(b) of the Joint Resolution
entitled ``A Joint Resolution to approve the `Covenant To
Establish a Commonwealth of the Northern Mariana Islands in
Political Union With the United States of America', and for
other purposes'', approved March 24, 1976 (48 U.S.C. 1806(b))
is amended to read as follows:
``(b) Numerical Limitations for Nonimmigrant Workers.--
``(1) In general.--
``(A) Nonimmigrant workers generally.--An
alien, if otherwise qualified, may seek
admission to Guam or to the Commonwealth during
the transition program as a nonimmigrant worker
under section 101(a)(15)(H) of the Immigration
and Nationality Act (8 USC 1101(a)(15)(H))
without counting against the numerical
limitations set forth in section 214(g) of such
Act (8 USC 1184(g)).
``(B) H-2B workers.--In the case of such an
alien who seeks admission under section
101(a)(15)(H)(ii)(b) of such Act, such alien,
if otherwise qualified, may, before October 1,
2023, be admitted under such section for a
period of up to 3 years to perform service or
labor on Guam or the Commonwealth pursuant to
any agreement entered into by a prime
contractor or subcontractor calling for
services or labor required for performance of a
contact or subcontract for construction,
repairs, renovations, or facility services that
is directly connected to, or associated with,
the military realignment occurring on Guam and
the Commonwealth, notwithstanding the
requirement of such section that the service or
labor be temporary.
``(2) Limitations.--
``(A) Numerical limitation.--For any fiscal
year, not more 4,000 aliens may be admitted to
Guam and the Commonwealth pursuant to paragraph
(1)(B).
``(B) Location.--Paragraph (1)(B) does not
apply with respect to the performance of
services or labor at a location other than Guam
or the Commonwealth.''.
(b) Certification Required.--Upon conclusion of all
required agreements between the Secretary of Defense and the
heads of relevant Federal agencies, the Commonwealth of the
Northern Mariana Islands (including the Commonwealth Port
Authority), and local agencies to support the required
construction and operation of the divert activities and
exercises program of the Air Force in the Commonwealth of the
Northern Mariana Islands and the Commonwealth of the Northern
Mariana Islands joint military training program of the Marine
Corps, the Secretary shall submit to the congressional defense
committees certification of such conclusion and a report
describing such agreements.
(c) Effective Dates.--The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act and
shall apply as follows:
(1) In the case of services or labor to be
performed on Guam, such amendment shall apply beginning
on the date that is 120 days after the date of the
enactment of this Act.
(2) In the case of services or labor to be
performed on the Common Wealth of the Northern Mariana
Islands, such amendment shall apply beginning on the
later of--
(A) the date that is 120 days after the
date of the submittal of the certification and
report required under subsection (b); or
(B) the date on which the transition
program ends under section 6(a)(2) of the Joint
Resolution entitled ``A Joint Resolution to
approve the `Covenant To Establish a
Commonwealth of the Northern Mariana Islands in
Political Union With the United States of
America', and for other purposes'', approved
March 24, 1976 (48 U.S.C. 1806(a)(2)).
Subtitle F--Studies and Reports
SEC. 1051. ELIMINATION OF REPORTING REQUIREMENTS TERMINATED AFTER
NOVEMBER 25, 2017, PURSUANT TO SECTION 1080 OF THE
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR
2016.
(a) Title 10, United States Code.--Title 10, United States
Code, is amended as follows:
(1) Section 113 reports.--
(A) Reserve forces policy board report.--
Section 113(c) is amended--
(i) by striking paragraph (2);
(ii) by striking ``(1)'' after
``(c)''; and
(iii) by redesignating
subparagraphs (A), (B), and (C) as
paragraphs (1), (2), and (3),
respectively.
(B) Total force management report.--Section
113 is amended by striking subsection (l).
(2) Diversity in military leadership report.--
Section 115a(g) is amended by striking ``during fiscal
years 2013 through 2017''.
(3) Defense industrial security report.--Section
428 is amended by striking subsection (f).
(4) Military musical units gift report.--Section
974(d) is amended by striking paragraph (3).
(5) Health protection quality report.--Section
1073b is amended--
(A) by striking subsection (a); and
(B) by redesignating subsections (b) and
(c) as subsections (a) and (b), respectively.
(6) Master plans for reductions in civilian
positions.--
(A) In general.--Section 1597 is amended--
(i) by striking subsection (c);
(ii) by striking subsections (d),
(e), and (f) as subsections (c), (d),
and (e), respectively; and
(iii) in subsection (c), as
redesignated, by striking ``or a master
plan prepared under subsection (c)''.
(B) Conforming amendments.--Section 129a(d)
is amended--
(i) by striking paragraphs (1) and
(2); and
(ii) by redesignating paragraphs
(3) and (4) as paragraphs (1) and (2),
respectively.
(7) Acquisition workforce development fund
report.--Section 1705 is amended--
(A) in subsection (e)(1), by striking
``subsection (h)(2)'' and inserting
``subsection (g)(2)'';
(B) by striking subsection (f); and
(C) by redesignating subsections (g) and
(h) as subsections (f) and (g), respectively.
(8) Acquisition corps report.--Section 1722b is
amended by striking subsection (c).
(9) Military family readiness report.--Section
1781b is amended by striking subsection (d).
(10) Professional military education report.--
(A) Elimination.--Section 2157 is repealed.
(B) Clerical amendment.--The table of
sections at the beginning of chapter 107 is
amended by striking the item relating to
section 2157.
(11) Department of defense conferences fee-
collection report.--Section 2262 is amended by striking
subsection (d).
(12) United states contributions to nato common-
funded budgets report.--Section 2263 is amended--
(A) by striking subsection (b); and
(B) by redesignating subsection (c) as
subsection (b).
(13) Foreign counter-space programs report.--
(A) Elimination.--Section 2277 is repealed.
(B) Clerical amendment.--The table of
sections at the beginning of chapter 135 is
amended by striking the item relating to
section 2277.
(14) Use of multiyear contracts report.--Section
2306b(l)(4) is amended by striking ``Not later than''
and all that follows through the colon and inserting
the following: ``Each report required by paragraph (5)
with respect to a contract (or contract extension)
shall contain the following:''.
(15) Burden sharing contributions report.--Section
2350j is amended by striking subsection (f).
(16) Contract prohibition waiver report.--Section
2410i(c) is amended by striking the second sentence.
(17) Strategic sourcing plan of action report.--
Subsection (a) of section 2475 is amended to read as
follows:
``(a) Strategic Sourcing Plan of Action Defined.--In this
section, the term `Strategic Sourcing Plan of Action' means a
Strategic Sourcing Plan of Action for the Department of Defense
(as identified in the Department of Defense Interim Guidance
dated February 29, 2000, or any successor Department of Defense
guidance or directive) in effect for a fiscal year.''.
(18) Technology and industrial base policy guidance
report.--Section 2506 is amended--
(A) by striking subsection (b); and
(B) in subsection (a), by striking ``Such
guidance'' and inserting the following:
``(b) Purpose of Guidance.--The guidance prescribed
pursuant to subsection (a)''.
(19) Foreign-controlled contractors report.--
Section 2537 is amended--
(A) by striking subsection (b); and
(B) by redesignating subsection (c) as
subsection (b).
(20) Support for sporting events report.--Section
2564 is amended--
(A) in subsection (b)(3), by striking
``section 377'' and inserting ``section 277'';
(B) by striking subsection (e);
(C) by redesignating subsections (f) and
(g) as subsections (e) and (f), respectively;
and
(D) in subsection (e), as so redesignated,
by ``striking sections 375 and 376'' and
inserting ``sections 275 and 276''.
(21) General and flag officer quarters report.--
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.
(22) Military installations vulnerability
assessment reports.--Section 2859 is amended--
(A) by striking subsection (c); and
(B) by redesignating subsection (d) as
subsection (c).
(23) Industrial facility investment program
construction report.--Section 2861 is amended by
striking subsection (d).
(24) Statement of amounts available for water
conservation at military installations.--Section
2866(b) is amended by striking paragraph (3).
(25) Acquisition or construction of military
unaccompanied housing pilot projects report.--Section
2881a is amended by striking subsection (e).
(26) Statement of amounts available from energy
cost savings.--Section 2912 is amended by striking
subsection (d).
(27) Army training report.--
(A) Elimination.--Section 4316 is repealed.
(B) Clerical amendment.--The table of
sections at the beginning of chapter 401 is
amended by striking the item relating to
section 4316.
(28) State of the army reserve report.--Section
3038(f) is amended--
(A) by striking ``(1)'' before ``The''; and
(B) by striking paragraph (2).
(29) State of the marine corps reserve report.--
Section 5144(d) is amended--
(A) by striking ``(1)'' before ``The''; and
(B) by striking paragraph (2).
(30) State of the air force reserve report.--
Section 8038(f) is amended--
(A) by striking ``(1)'' before ``The''; and
(B) by striking paragraph (2).
(b) 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), relating to an annual
report on allied contributions to the common defense, is
amended by striking subsections (c) and (d).
(c) National Defense Authorization Act, Fiscal Year 1989.--
Section 1009 of the National Defense Authorization Act, Fiscal
Year 1989 (Public Law 100-456; 22 U.S.C. 1928 note), relating
to an annual report on the official development assistance
program of Japan, is amended by striking subsection (b).
(d) National Defense Authorization Act for Fiscal Year
1991.--Section 1518 of the Defense Authorization Act for Fiscal
Year 1991 (Public Law 101-510; 24 U.S.C. 418), relating to
reports on the results of inspection of Armed Forces Retirement
Homes, is amended--
(1) in subsection (c)(1), by striking ``Congress
and''; and
(2) in subsection (e)--
(A) by striking paragraph (2);
(B) by striking ``(1)'' before ``Not
later''; and
(C) by redesignating subparagraphs (A) and
(B) as paragraphs (1) and (2), respectively.
(e) National Defense Authorization Act for Fiscal Years
1992 and 1993.--Section 1046 of the National Defense
Authorization Act for Fiscal Years 1992 and 1993 (Public Law
102-190; 22 U.S.C. 1928 note), relating to an annual report on
defense cost-sharing, is amended by striking subsections (e)
and (f).
(f) 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),
relating to an annual report on counterproliferation policy and
programs of the United States, is amended by striking
subsection (d).
(g) 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),
relating to an annual report on personnel readiness factors by
race and gender, is repealed.
(h) 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),
relating to an annual report on spare parts, logistics, and
sustainment standards, is amended by striking subsection (f).
(i) 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) Army workload and performance system report.--
Section 346 (115 Stat. 1062) is amended--
(A) by striking subsections (b) and (c);
and
(B) by redesignating subsection (d) as
subsection (b).
(2) Reliability of financial statements report.--
Section 1008(d) (10 U.S.C. 113 note) is amended--
(A) by striking ``(1)'' before ``On each'';
and
(B) by striking paragraph (2).
(j) 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), relating to an annual report on commercial
item and exceptional case exceptions and waivers, is amended--
(1) by striking subsection (d); and
(2) by redesignating subsection (e) as subsection
(d).
(k) National Defense Authorization Act for 2006.--The
National Defense Authorization Act for 2006 (Public Law 109-
163) is amended as follows:
(1) Notification of adjustment in limitation amount
for next-generation destroyer program.--Section 123
(119 Stat. 3156) is amended--
(A) by striking subsection (d); and
(B) by redesignating subsection (e) as
subsection (d).
(2) Certification of budgets for joint tactical
radio system report.--Section 218(c) (119 Stat. 3171)
is amended by striking paragraph (3).
(3) Department of defense costs to carry out united
nations resolutions report.--Section 1224 (10 U.S.C.
113 note) is repealed.
(l) National Defense Authorization Act for Fiscal Year
2007.--Section 357(b) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 22
U.S.C. 4865 note), relating to an annual report on Department
of Defense overseas personnel subject to chief of mission
authority, is amended by striking ``shall submit to the
congressional defense committees'' and inserting ``shall
prepare''.
(m) 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) Army industrial facilities cooperative
activities report.--Section 328 (10 U.S.C. 4544 note)
is amended by striking subsection (b).
(2) Army product improvement report.--Section 330
(122 Stat. 68) is amended by striking subsection (e).
(n) 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) Support for non-conventional assisted recovery
activities report.--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) Reimbursement of navy mess expenses report.--
Section 1014 (122 Stat. 4585) is amended by striking
subsection (c).
(3) Electromagnetic pulse attack report.--Section
1048 (122 Stat. 4603) is repealed.
(o) 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).
(p) 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) Navy airborne signals intelligence,
surveillance, and reconnaissance capabilities report.--
Section 112(b) (124 Stat. 4153) is amended--
(A) by striking paragraph (3); and
(B) by redesignating paragraph (4) as
paragraph (3).
(2) Inclusion of technology protection features
during research and development of defense systems
report.--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) Acquisition of military purpose
nondevelopmental items report.--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) Nuclear triad report.--Section 1054 (10 U.S.C.
113 note) is repealed.
(q) 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) Performance management system and appointment
procedures report.--Section 1102 (5 U.S.C. 9902 note)
is amended by striking subsection (b).
(2) Global security contingency fund report.--
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).
(3) Data servers and centers cost savings report.--
Section 2867 (10 U.S.C. 2223a note) is amended by
striking subsection (d).
(r) 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) F-22A raptor modernization program report.--
Section 144 (126 Stat. 1663) is amended by striking
subsection (c).
(2) TRICARE mail-order pharmacy program report.--
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).
(3) Warriors in transition programs report.--
Section 738 (10 U.S.C. 1071 note) is amended--
(A) by striking subsection (e); and
(B) by redesignating subsection (f) as
subsection (e).
(4) Use of indemnification agreements report.--
Section 865 (126 Stat. 1861) is repealed.
(5) Counter space technology report.--Section 917
(126 Stat. 1878) is repealed.
(6) Imagery intelligence and geospatial information
support report.--Section 921 (126 Stat. 1878) is
amended by striking subsection (c).
(7) Computer network operations coordination
report.--Section 1079 (10 U.S.C. 221 note) is amended
by striking subsection (c).
(8) Updates of activities of office of security
cooperation in iraq report.--Section 1211(d) (126 Stat.
1983) is amended--
(A) by striking paragraph (3); and
(B) by redesignating paragraph (4) as
paragraph (3).
(9) United states participation in the atares
program report.--Section 1276 (10 U.S.C. 2350c note) is
amended--
(A) by striking subsections (e) and (f);
and
(B) by redesignating subsection (g) as
subsection (e).
(s) 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) Modernizing personnel security strategy metrics
report.--Section 907(c)(3) (10 U.S.C. 1564 note) is
amended--
(A) by striking ``(A) Metrics required.--
In'' and inserting ``In''; and
(B) by striking subparagraph (B).
(2) Defense clandestine service report.--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 subsection (b), (c), and (d),
respectively.
(3) International agreements relating to dod
report.--Section 1249 (127 Stat. 925) is repealed.
(4) Small business growth report.--Section 1611
(127 Stat. 946) is amended by striking subsection (d).
(t) 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) Assignment of private sector personnel to
defense advanced research projects agency report.--
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) Government lodging program report.--Section 914
(5 U.S.C. 5911 note) is amended by striking subsection
(d).
(3) DOD response to compromises of classified
information report.--Section 1052 (128 Stat. 3497) is
repealed.
(4) Personnel protection and personnel
survivability equipment loan report.--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) DOD assistance to counter isis report.--Section
1236 (128 Stat. 3558) is amended by striking subsection
(d).
(6) Cooperative threat reduction program use of
contributions report.--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.
(7) Cooperative threat reduction program facilities
certification report.--Section 1341 (50 U.S.C. 3741) is
repealed.
(8) Cooperative threat reduction program project
category report.--Section 1342 (50 U.S.C. 3742) is
repealed.
(9) Statement on allocation of funds for space
security and defense program.--Section 1607 (128 Stat.
3625) is amended--
(A) by striking ``(a) Allocation of
Funds.--'';
(B) by striking subsections (b), (c), and
(d); and
(C) by adding at the end the following new
sentence: ``This requirement shall terminate on
December 19, 2019.''.
(u) Preservation of Certain Additional Reports.--Effective
as of December 23, 2016, and as if included therein as enacted,
section 1061(c) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328) is amended as follows:
(1) National guard bureau report.--By inserting
after paragraph (63) the following new paragraph:
``(64) Section 10504(b).''.
(2) Report on procurement of contract services.--By
inserting after paragraph (64), as added by paragraph
(1), the following new paragraph:
``(65) Section 235.''.
(3) Annual defense manpower requirements report.--
By inserting after paragraph (65), as added by
paragraph (2), the following new paragraph:
``(66) Section 115a.''.
(4) STARBASE program report.--By inserting after
paragraph (66), as added by paragraph (3), the
following new paragraph:
``(67) Section 2193b(g).''.
(v) Preservation of Vetted Syrian Opposition Report.--
Effective as of December 23, 2016, and as if included therein
as enacted, section 1061(d) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328) is
amended by adding at the end the following new paragraph:
``(18) Section 1209(d) (128 Stat. 3542).''.
(w) Preservation of Reports Required by Other Laws.--
Effective as of December 23, 2016, and as if included therein
as enacted, section 1061(i) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328) is
amended as follows:
(1) National guard youth challenge report.--By
adding at the end the following new paragraph:
``(34) Section 509(k) of title 32, United States
Code.''.
(2) Annual report on support to law enforcement
agencies conducting counter-terrorism activities.--By
inserting after paragraph (34), as added by paragraph
(1), the following new paragraph:
``(35) Section 1022(c) of the National Defense
Authorization Act for 2004 (Public Law 108-136; 10
U.S.C. 371 note).''.
(x) Termination of Certain Additional Reports.--Effective
on December 31, 2021, the reports required under the following
provisions of title 10, United States Code, shall no longer be
required to be submitted to Congress:
(1) Section 113(c)(1).
(2) Section 113(e).
(3) Section 116.
(4) Section 2432.
(y) Report to Congress.--Not later than February 1, 2018,
the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and House of Representatives a
report that includes the following:
(1) A list of all reports required to be submitted
to Congress by the Department of Defense, or any
officer, official, component, or element of the
Department, from any source of law other than an annual
national defense authorization Act as of April 1, 2015.
(2) For each report included on the list under
paragraph (1), a citation to the provision of law under
which the report is required to be submitted.
(z) Effective Date.--Except as provided in subsections (u),
(v), and (w) the amendments made by this section shall take
effect on the later of--
(1) the date of the enactment of this Act; or
(2) November 25, 2017.
SEC. 1052. REPORT ON TRANSFER OF DEFENSE ARTICLES TO UNITS COMMITTING
GROSS VIOLATIONS OF HUMAN RIGHTS.
(a) Report Required.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, shall submit to the
appropriate committees of Congress a report on the transfer of
defense articles to units committing gross violations of human
rights.
(b) Matters to Be Included.--The report required by
subsection (a) shall include the following:
(1) A description of the current laws, guidance,
and policies, if any, for Department of Defense
personnel to monitor and report the transfer of defense
articles, provided to the government of a foreign state
pursuant to a Department of Defense assistance
authority, that have subsequently been provided by that
government to a unit of that foreign state that is
prohibited from receiving assistance from the United
States by reason of a determination by the Secretary of
State that there is credible evidence that such unit
has committed a gross violation of human rights.
(2) A description of any confirmed instances since
January 1, 2016, in which the government of a foreign
state that has received defense articles pursuant to a
Department of Defense assistance authority has
subsequently transferred the equipment to a unit of
that foreign state that is prohibited from receiving
assistance from the United States by reason of a
determination by the Secretary of State that there is
credible evidence that such unit has committed a gross
violation of human rights.
(c) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives.
SEC. 1053. REPORT ON THE NATIONAL BIODEFENSE ANALYSIS AND
COUNTERMEASURES CENTER.
(a) Report.--Not later than March 1, 2018, the Secretary of
Homeland Security and the Secretary of Defense shall submit to
the appropriate congressional committees a report, prepared in
consultation with the officials listed in subsection (b), on
the National Biodefense Analysis and Countermeasures Center
(referred to in this section as the ``NBACC''). Such report
shall contain the following information:
(1) The functions of the NBACC.
(2) The end users of the NBACC, including those
whose assets may be managed by other agencies.
(3) The cost and mission impact for each user
identified under paragraph (2) of any potential closure
of the NBACC, including an analysis of the functions of
the NBACC that cannot be replicated by other
departments and agencies of the Federal Government.
(4) In the case of closure of the NBACC, a
transition plan for any essential functions currently
performed by the NBACC to ensure mission continuity,
including the storage of samples needed for ongoing
criminal cases.
(b) Consultation.--The officials listed in this subsection
are the following:
(1) The Secretary of Homeland Security.
(2) The Director of the Federal Bureau of
Investigation.
(3) The Attorney General.
(4) The Director of National Intelligence.
(5) As determined by the Secretary of Homeland
Security, the leaders of other offices that use the
NBACC.
(c) Form.--The report submitted under subsection (a) shall
be submitted in unclassified form, but may contain a classified
annex.
(d) Limitation.--None of the funds authorized to be
appropriated in this Act may be used to support the closure or
transfer of the NBACC until--
(1) the report required by subsection (a) has been
submitted; and
(2) the heads of the Federal agencies that use the
NBACC jointly provide to the appropriate congressional
committees certification that the closure or transfer
of the NBACC would not have a negative effect on
biological defense capabilities.
(e) Appropriate Congressional Committees Defined.--For
purposes of this section, the term ``appropriate congressional
committees'' means the Committees on Appropriations of the
Senate and the House of Representatives, the Committees on
Armed Services of the Senate and the House of Representatives,
the Committee on Homeland Security of the House of
Representatives, the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committees on Judiciary
of the Senate and the House of Representatives, the Committee
on Oversight and Government Reform of the House of
Representatives, the Permanent Select Committee on Intelligence
of the House of Representatives, and the Select Committee on
Intelligence of the Senate.
SEC. 1054. REPORT ON DEPARTMENT OF DEFENSE ARCTIC CAPABILITY AND
RESOURCE GAPS AND REQUIRED INFRASTRUCTURE.
(a) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report setting
forth--
(1) necessary steps the Department of Defense is
undertaking to resolve Arctic security capability and
resource gaps; and
(2) the requirements and investment plans for
military infrastructure required to protect United
States national security interests in the Arctic
region.
(b) Elements.--The report under subsection (a) shall
include an analysis of each of the following:
(1) The infrastructure needed to ensure national
security in the Arctic region.
(2) Any shortfalls in observation, remote sensing
capabilities, ice prediction, and weather forecasting,
including an analysis of--
(A) the readiness challenges posed by a
changing Arctic region; and
(B) changes to the Arctic region that
affect existing military infrastructure.
(3) Any shortfalls of the Department in
navigational aids.
(4) Any additional, necessary high-latitude
electronic and communications infrastructure
requirements.
(5) Any gaps in intelligence, surveillance, and
reconnaissance coverage and recommendations for
additional intelligence, surveillance, and
reconnaissance capabilities.
(6) Any shortfalls in personnel recovery
capabilities.
(7) United States national security interests in
the Arctic region, including strategic national assets,
United States citizens, territory, freedom of
navigation, and economic and trade interests in the
region.
(8) United States military capabilities needed for
operations in Arctic terrain, including types of
forces, major weapon systems, and logistics required
for operations in such terrain.
(9) The installations, infrastructure, and deep
water ports for deployment of assets required to
support operations in the Arctic region, including the
stationing, deployment, and training of military forces
for operations in the region.
(10) Any additional capabilities the Secretary
determines should be incorporated into future Navy
surface combatants.
(c) Form of Report.--The report under subsection (a) shall
be submitted in unclassified form, but may include a classified
annex.
SEC. 1055. REVIEW AND ASSESSMENT OF DEPARTMENT OF DEFENSE PERSONNEL
RECOVERY AND NONCONVENTIONAL ASSISTED RECOVERY
MECHANISMS.
(a) In General.--Not later than March 1, 2018, the
Secretary of Defense shall submit to the congressional defense
committees a review and assessment of personnel recovery and
nonconventional assisted recovery programs, authorities, and
policies.
(b) Elements.--The assessment required under subsection (a)
shall include each of the following elements:
(1) An overall strategy defining personnel recovery
and nonconventional assisted recovery programs and
activities, including how such programs and activities
support the requirements of the geographic combatant
commanders.
(2) A comprehensive review and assessment of
statutory authorities, policies, and interagency
coordination mechanisms, including limitations and
shortfalls, for personnel recovery and nonconventional
assisted recovery programs and activities.
(3) A comprehensive description of current
validated requirements and anticipated future personnel
recovery and nonconventional assisted recovery
requirements across the future years defense program,
as validated by the Joint Staff.
(4) An overview of validated current and expected
future force structure requirements necessary to meet
near-, mid-, and long-term personnel recovery and
nonconventional assisted recovery programs and
activities of the geographic combatant commanders.
(5) Any other matters the Secretary considers
appropriate.
(c) Form of Assessment.--The assessment required under
subsection (a) shall be submitted in unclassified form, but may
include a classified annex.
(d) Comptroller General Review.--Not later than 90 days
after the date on which the assessment required under
subsection (a) is submitted, the Comptroller General of the
United States shall submit to the congressional defense
committees a review of such assessment.
SEC. 1056. MINE WARFARE READINESS INSPECTION PLAN AND REPORT.
(a) Inspection Plan.--Not later than one year after the
date of the enactment of this subsection, the Chief of Naval
Operations, in consultation with the Combatant Commanders,
shall submit a plan for inspections of each unit and
organization tasked with delivering operational capability,
missions and mission essential tasks, functions, supporting
roles, organization, manning, training, and materiel for naval
mine warfare. At a minimum, inspected units and organizations
shall include those required in the Joint Strategic
Capabilities Plan and those assigned in the Forces For Unified
Commands document or have the potential to support, by
deployment or otherwise, a directed Operation Plan, Concept
Plan, contingency operation, homeland security operation, or
Defense Support of Civil Authorities requirements for naval
offensive or defensive mine warfare.
(b) Criteria.--This inspection plan shall propose methods
to analytically assess, evaluate, improve and assure mission
readiness of each unit or organization with required
operational capabilities for naval mine warfare. Inspection
shall include--
(1) an assessment or verification of material
condition;
(2) unit wide training and personnel readiness as
measured by established tasks, conditions and standards
that demonstrate the unit readiness to perform their
wartime or homeland defense mission;
(3) force through unit level training;
(4) readiness to support multi-echelon, joint
service mine warfare operations as part of an
offensive, defensive mining or mine countermeasures
task;
(5) readiness to support combatant commander
campaign plans, operational plan, concept plan, or the
Joint Strategic Capabilities Plan;
(6) required operational capability;
(7) inspection and reinspection process; and
(8) inspection periodicy.
(c) Applicability.--The inspection requirements under this
subsection apply to the following units and organizations:
(1) Surface MCM vessels or vessels performing MCM
tasks.
(2) Airborne MCM squadrons.
(3) Mobile mine assembly groups and mobile mine
assembly units.
(4) Fleet patrol squadrons with mine laying
capabilities.
(5) LCS and LCS MCM mission modules upon reaching
IOC.
(6) Mine countermeasures squadrons.
(7) Units exercising command and control over MIW
forces.
(8) MCM operational support ships.
(9) Attack and guided missile submarines with mine
laying capabilities.
(10) Magnetic and acoustic silencing facilities.
(11) EOD MCM or VSW Companies and Platoons.
(12) SEAL (ESG / CSG) USMC units with VSW
capability.
(d) Certification.--The Chief of Naval Operations shall
submit to the Secretary of Defense, the Combatant Commanders,
the Chairman of the Joint Chiefs of Staff and to Congress a
report on the program under this subsection. The report shall
contain a classified section which addresses capability and
capacity to meet JSCP, OPLAN, CONPLAN and contingency
requirements and unclassified section with general summary and
readiness trends.
(e) Conforming Repeal.--Section 1090 of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-
92) is repealed.
SEC. 1057. ANNUAL REPORT ON CIVILIAN CASUALTIES IN CONNECTION WITH
UNITED STATES MILITARY OPERATIONS.
(a) Annual Report Required.--Not later than May 1 each
year, the Secretary of Defense shall submit to the
congressional defense committees a report on civilian
casualties caused as a result of United States military
operations during the preceding year.
(b) Elements.--Each report under subsection (a) shall set
forth the following:
(1) A list of all the United States military
operations during the year covered by such report that
were confirmed, or reasonably suspected, to have
resulted in civilian casualties.
(2) For each military operation listed pursuant to
paragraph (1), each of the following:
(A) The date.
(B) The location.
(C) An identification of whether the
operation occurred inside or outside of a
declared theater of active armed conflict.
(D) The type of operation.
(E) An assessment of the number of civilian
and enemy combatant casualties.
(3) A description of the process by which the
Department of Defense investigates allegations of
civilian casualties resulting from United States
military operations.
(4) A description of steps taken by the Department
to mitigate harm to civilians in conducting such
operations.
(5) Any other matters the Secretary of Defense
determines are relevant.
(c) Use of Sources.--In preparing a report under this
section, the Secretary of Defense shall take into account
relevant and credible all-source reporting, including
information from public reports and nongovernmental sources.
(d) Form.--Each report under subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(e) Sunset.--The requirement to submit a report under
subsection (a) shall expire on the date that is five years
after the date of the enactment of this Act.
SEC. 1058. REPORT ON JOINT PACIFIC ALASKA RANGE COMPLEX MODERNIZATION.
(a) Report Required.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of the Air
Force shall submit to the congressional defense committees a
report regarding proposed improvements to the Joint Pacific
Alaska Range Complex.
(b) Elements.--The report under subsection (a) shall
include the following:
(1) An analysis of existing Joint Pacific Alaska
Range Complex infrastructure.
(2) A summary of improvements to the range
infrastructure the Secretary determines are necessary--
(A) for fifth generation fighters to train
at maximum potential; and
(B) to provide a realistic air warfare
environment versus a near-peer adversary for--
(i) four squadrons of fifth
generation fighters;
(ii) annual Red Flag-Alaska
exercises; and
(iii) biannual Operation Northern
Edge exercises.
SEC. 1059. REPORT ON ALTERNATIVES TO AQUEOUS FILM FORMING FOAM.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report on the Department's
status with respect to developing a new military specification
for safe and effective alternatives to aqueous film forming
foam (hereinafter referred to as ``AFFF'') that do not contain
perfluorooctanoic acid (hereinafter referred to as ``PFOA'') or
erfluorooctanesulfonic acid (hereinafter referred to as
``PFOS'').
(b) Elements.--The report required by subparagraph (1)
shall include the following:
(1) A detailed explanation of the Department's
status with respect to developing a new military
specification for safe and effective alternatives to
AFFF that do not contain PFOA or PFOS.
(2) An update on the Secretary's plans for
replacing AFFF containing PFOA or PFOS at military
installations across the country and methods of
disposal for AFFF containing PFOA or PFOS.
(3) An overview of current and planned research and
development for AFFF alternatives that do not contain
PFOA or PFOS.
(4) An assessment of how the establishment of a
maximum contaminant level for PFOA or PFOS under the
Safe Drinking Water Act (42 U.S.C. 300f et seq.),
rather than the current health advisory level, would
impact the Department's mitigation actions,
prioritization of such actions, and research and
development related to PFOA and PFOS.
SEC. 1060. ASSESSMENT OF GLOBAL FORCE POSTURE.
(a) Assessment Required.--The Secretary of Defense shall,
in consultation with the Chairman of the Joint Chiefs of Staff,
the chiefs of the military services, 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 globally that reflect and complement the force
sizing and planning 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 combatant
command of the capability and force structure gaps
within the context of an evaluation of the projected
threats in the theater of operations of the combatant
command concerned and the operation plans of each
combatant command.
(3) An evaluation of the headquarters manning
requirements to oversee and direct execution of current
operational plans.
SEC. 1061. 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.
(5) A description of--
(A) the combat vehicle modernization
priorities of the Army over the next 5 and 10
years;
(B) the extent to which such priorities can
be supported at current funding levels within a
relevant time period;
(C) the extent to which additional funds
are required to support such priorities;
(D) how the Army is balancing and
resourcing such priorities with efforts to
rebuild and sustain readiness and increase
force structure capacity over this same time
period; and
(E) how the Army is balancing its near-term
modernization efforts with an accelerated long-
term strategy for acquiring next generation
combat vehicle capabilities.
(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 April 30, 2018, 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.
(e) Comptroller General Assessment.--
(1) Assessment.--The Comptroller General of the
United States shall conduct an assessment of the
modernization strategy required by subsection (a).
(2) Focus.--In carrying out the assessment under
paragraph (1), the Comptroller General shall focus on
evaluating--
(A) the development of the modernization
priorities of the Army for the five-year period
beginning on the date of the enactment of this
Act;
(B) how the Army is balancing and
resourcing such priorities with efforts to
rebuild and sustain readiness and increase
force structure capacity over such period; and
(C) the extent to which the Army has
balanced its near-term modernization efforts
with its long-term strategy for acquiring new
capabilities.
(3) Congressional reporting.--
(A) Briefing.--Not later than May 1, 2018,
the Comptroller General shall provide to the
congressional defense committees a briefing on
the preliminary assessment of the Comptroller
General under paragraph (1).
(B) Report.--The Comptroller General shall
submit to the congressional defense committees
a report on the final assessment of the
Comptroller General under such paragraph.
(f) Total Army Defined.--In this section, the term ``total
Army'' means the active components and the reserve components
of the Army.
SEC. 1062. 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. 1063. 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. 1064. 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. 1065. DEPARTMENT OF DEFENSE REVIEW OF NAVY CAPABILITIES IN THE
ARCTIC REGION.
(a) Report on Capabilities.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of the
Navy shall submit to the congressional defense
committees a report on the capabilities of the Navy in
the Arctic region.
(2) Elements.--The report required by paragraph (1)
shall include an analysis of the following:
(A) The current naval capabilities of the
Department of Defense in the Arctic region,
with a particular emphasis on surface
capabilities.
(B) Any gaps that exist between the current
naval capabilities described in subparagraph
(A) and the ability of the Department to fully
execute its updated strategy for the Arctic
region.
(C) Any gaps in the capabilities described
in subparagraph (A) that require ice-hardening
of existing vessels or the construction of new
vessels to preserve freedom of navigation in
the Arctic region whenever and wherever
necessary.
(D) An analysis and recommendation of which
Navy vessels could be ice-hardened to
effectively preserve freedom of navigation in
the Arctic region when and where necessary, in
all seasons and weather conditions.
(E) An analysis of any cost increases or
schedule adjustments that may result from ice-
hardening existing or new Navy vessels.
(b) Comptroller General of the United States Review.--Not
later than 90 days after the date on which the Secretary
submits the report required by subsection (a), the Comptroller
General of the United States shall submit to the congressional
defense committees a review of the report, including any
matters in connection with the report and the review that the
Comptroller General considers appropriate.
(c) Form.--The report under subsection (a) and the review
under subsection (b) shall each be submitted in unclassified
form, but may include a classified annex.
SEC. 1066. COMPREHENSIVE REVIEW OF MARITIME INTELLIGENCE, SURVEILLANCE,
RECONNAISSANCE, AND TARGETING CAPABILITIES.
(a) Report Required.--Not later than May 1, 2018, the
Secretary of the Navy shall submit to the congressional defense
committees a report on maritime intelligence, surveillance,
reconnaissance, and targeting capabilities.
(b) Comprehensive Review.--The report required in
subsection (a) shall include a comprehensive review of the
following elements for the 2025 and 2035 timeframes:
(1) A description of the projected steady-state
demands for maritime intelligence, surveillance,
reconnaissance, and targeting capabilities and capacity
in each timeframe, including protracted gray-zone or
low-intensity confrontations between the United States
or its allies and potential adversaries such as Russia,
China, North Korea, and Iran.
(2) A description of potential warfighting planning
scenarios in which maritime intelligence, surveillance,
reconnaissance, and targeting capabilities will be
required in each prescribed timeframe, including the
most demanding such scenario.
(3) A description of the undersea, surface, and air
threats for each scenario described in paragraph (2)
that will require maritime intelligence, surveillance,
reconnaissance, and targeting to be conducted in order
to achieve warfighting objectives.
(4) An assessment of the sufficiency of maritime
intelligence, surveillance, reconnaissance, and
targeting program capability and capacity to achieve
the warfighting objectives described in paragraph (3)
in the most demanding scenario described in paragraph
(2), including the effects of attrition.
(5) Planned operational concepts, including a High
level operational concept graphic (OV-1) for each such
concept, for conducting maritime intelligence,
surveillance, reconnaissance, and targeting
capabilities during steady state operations and
warfighting scenarios described in paragraph (2),
including consideration of distributed combat
operations in a satellite denied environment.
(6) Specific capability or capacity gaps and risk
areas in the ability or sufficiency of maritime
intelligence, surveillance, reconnaissance, and
targeting capabilities.
(7) Potential mitigation or solutions to address
the capability and capacity gaps and risk areas
identified in paragraph (6), including new
capabilities, increased capacity, or new operating
concepts that could be employed by the Navy.
(8) A description of the funding amount by fiscal
year, initial operational capability, and full
operational capability for each maritime intelligence,
surveillance, reconnaissance, and targeting program
identified in paragraph (4), based on the President's
fiscal year 2019 future years defense program,
including unfunded and partially funded programs.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may contain a classified
annex.
SEC. 1067. REPORT ON THE NEED FOR A JOINT CHEMICAL-BIOLOGICAL DEFENSE
LOGISTICS CENTER.
Not later than March 1, 2018, the Secretary of Defense
shall submit to the congressional defense committees a report
that includes the following:
(1) A description of the operational need and
requirement for a consolidated Joint Chemical-
Biological Defense Logistics Center.
(2) Identification of the specific operational
requirements for rapid deployment of chemical and
biological defense assets and the sustainment
requirements for maintenance, storage, inspection, and
distribution of specialized chemical, biological,
radiological, and nuclear equipment at the Joint
Chemical-Biological Defense Logistics Center.
(3) A definition of program objectives and
milestones to achieve initial operating capability and
full operating capability.
(4) Estimated facility and personnel resource
requirements for use in planning, programming, and
budgeting.
(5) An environmental assessment of proposed effects
in accordance with the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.).
SEC. 1068. MISSILE TECHNOLOGY CONTROL REGIME CATEGORY I UNMANNED AERIAL
VEHICLE SYSTEMS.
(a) Report Required.--Not later than 120 days after the
date of enactment of this Act, the Secretary of Defense and the
Secretary of State shall jointly submit to the appropriate
committees of Congress a report providing an evaluation of the
impact to national security of current United States policy
regarding proliferation of complete unmanned aerial vehicle
systems under Category I of the Missile Technology Control
Regime (MTCR).
(b) Elements.--The report required under subsection (a)
shall include the following elements:
(1) An analysis of Category I unmanned aerial
vehicles (UAVs) in production globally and the
countries that export such systems, including the
volume and location.
(2) An evaluation of the impact of the MTCR
presumption of denial relating to Category I UAVs on
identified United States security interests, including
the presumption's nonproliferation benefits and the
extent to which the presumption may foster the growth
of foreign UAV providers, reducing United States
Government influence and the qualitative United States
technological edge.
(3) An evaluation of the potential risks and
benefits to security posed by exports of UAVs, whether
or not covered by Category I criteria, to identify
characteristics that pose particular concerns, such as
speed, radar cross-section, swarming capability,
surveillance payload, low observable features, armor,
and anti-aircraft countermeasures.
(4) A discussion of how the evaluation above should
inform United States Government and allied and partner
licensing guidance with respect to the MTCR presumption
of denial and its potential impacts, United States
Government proposals for revisions to the MTCR
Guidelines, and differences among UAVs (Category I, as
well as Category II UAVs that pose particular
concerns).
(5) Any other matters the Secretaries consider
appropriate.
(c) Form.--The report required under subsection (a) shall
be submitted in unclassified form but may include a classified
annex.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services, the Committee
on Foreign Relations, and the Committee on
Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee
on Foreign Affairs, and the Committee on Appropriations
of the House of Representatives.
SEC. 1069. RECOMMENDATIONS FOR INTERAGENCY VETTING OF FOREIGN
INVESTMENTS AFFECTING NATIONAL SECURITY.
(a) Plan and Recommendations Required.--The Secretary of
Defense, in concurrence with the Secretary of State, the
Secretary of Treasury, and the Director of National
Intelligence, shall 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 the interagency vetting of foreign investments
that could potentially impair the national security of the
United States.
(b) Objectives.--The recommendations required by subsection
(a) shall have the following objectives:
(1) To increase collaboration and coordination
among agencies of the United States Government in the
identification and prevention of foreign investments
that could potentially impair the national security of
the United States.
(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 increase collaboration and cooperation among
agencies of the United States Government to identify
and mitigate potential threats to critical United
States technologies from foreign state owned or state
controlled entities.
(c) Analysis.--The recommendations required by subsection
(a) shall be based upon analysis of the following:
(1) Whether the current interagency vetting
processes and policies place adequate focus on the
potential threats presented by influence of the foreign
governments over business entities seeking investment
in the United States.
(2) The current or projected major vulnerabilities
of the defense industrial base pertaining to foreign
investment, including in the areas of cybersecurity,
reliance on foreign suppliers in the defense supply
chain access to 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 to be
effective;
(B) permits the interagency establishment
adequate time to thoroughly review transactions
and to conduct national security threat
assessments;
(C) assesses the risks posed by
transactions before they are implemented; and
(D) provides adequate monitoring and
compliance of agreements to mitigate such
risks.
(4) The counterintelligence risks posed by
purchases or leases of Federal land.
(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 foreseeable foreign
investments have the potential to--
(A) reduce any United States technological
or industrial advantage of the United States;
or
(B) increase the vulnerability of the
United States to information operations,
including the purposeful dissemination of 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 should be revised to ensure that they
provide valuable information.
(d) Considerations.--The recommendations required by
subsection (a) shall take into consideration each of the
following:
(1) Trends in foreign investment transactions,
including joint ventures, the sale of assets pursuant
to bankruptcy, and the purchase or lease of real estate
in proximity to Government installations that could
impair national security.
(2) Strategies used by foreign investors to exploit
vulnerabilities in existing foreign investment vetting
processes and regulations.
(3) Any market distortion or unfair competition
incurred by foreign transactions that directly or
indirectly impairs the national security or the United
States.
(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 appropriate committees of
Congress a report on the progress of the Secretary in
developing the 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 appropriate committees of Congress
a report setting forth the 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.
(4) Appropriate committees of congress.--In this
subsection, the term ``appropriate committees of
Congress'' means--
(A) the Committees on Armed Services of the
Senate and the House of Representatives;
(B) the Committee on Foreign Affairs of the
House of Representatives;
(C) the Committee on Foreign Relations of
the Senate;
(D) the Committee on Financial Services of
the House of Representatives;
(E) the Committee on Finance of the Senate;
(F) the Permanent Select Committee on
Intelligence of the House of Representatives;
and
(G) the Select Committee on Intelligence of
the Senate.
SEC. 1070. BRIEFING ON PRIOR ATTEMPTED RUSSIAN CYBER ATTACKS AGAINST
DEFENSE SYSTEMS.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense, in coordination with the
Director of National Intelligence, shall provide to the
Committees on Armed Services of the Senate and House of
Representatives a briefing on all attempts to breach, intrude,
or otherwise hack into Department of Defense systems that--
(1) occurred during the last 24-month period ending
on the date of the enactment of this Act; and
(2) were attributable either to the government of
the Russian Federation or actors substantially
supported by the government of the Russian Federation.
SEC. 1071. ENHANCED ANALYTICAL AND MONITORING CAPABILITY OF THE DEFENSE
INDUSTRIAL BASE.
(a) Process.--
(1) In general.--Not later than 90 days after the
date of enactment of this Act, the Secretary of Defense
shall establish a process, or designate an existing
process, for enhancing the ability of the Department of
Defense to analyze, assess, and monitor the
vulnerabilities of, and concentration of purchases in,
the defense industrial base.
(2) Elements.--The process required by subsection
(a) shall include the following elements:
(A) Designation of a senior official
responsible for overseeing the development and
implementation of the process.
(B) Development or integration of tools to
support commercial due diligence and business
intelligence or to otherwise analyze and
monitor commercial activity to understand
business relationships affecting the defense
industrial base.
(C) Development of risk profiles of
products, services, or entities based on
business intelligence, commercial due diligence
tools and data services.
(D) As the Secretary determines necessary,
integration with intelligence sources to
develop threat profiles of entities attempting
transactions with a defense industrial base
companies.
(E) Other matters as the Secretary deems
necessary.
(3) Notification.--Not later than 90 days after
establishing or designating the process required by
subsection (a), the Secretary shall submit to the
Committees on Armed Services of the Senate and House of
Representatives notice in writing that such process has
been established or otherwise designated. Such
notification shall include the following:
(A) Identification of the official required
to be designated under paragraph (2)(A).
(B) Identification of the tools described
in paragraph (2)(B) that are currently
available to Department of Defense and any
other tools available commercially or otherwise
that might contribute to enhancing the analytic
capability of the process.
(C) Identification of, or recommendations
for, any statutory changes needed to improve
the effectiveness of the process.
(D) Projected resources necessary to
purchase any commercially available tools
identified under subparagraph (B) and to carry
out any statutory changes identified under
subparagraph (C).
(b) Reporting.--
(1) Consolidated report on vulnerabilities of, and
concentration of purchases in, the defense industrial
base.--
(A) Report required.--For each of fiscal
years 2018 through 2023, the Secretary of
Defense shall submit to the appropriate
congressional committees a consolidated report
that combines all of the reports required to be
provided to Congress for that fiscal year on
the adequacy of, vulnerabilities of, and
concentration of purchases in the defense
industrial sector. Such consolidated report
shall include each of the following:
(i) The report required under
section 721(m) of the Defense
Production Act of 1950 (50 U.S.C.
4565(m)) (relating to concentrations of
purchases of the defense industrial
base).
(ii) The report required under
section 723(a) of the Defense
Production Act of 1950 (50 U.S.C.
4568(a)) (relating to offsets in
defense production).
(iii) The report required under
section 2504 of title 10, United States
Code (relating to annual industrial
capabilities).
(iv) Any other reports the
Secretary determines appropriate.
(B) Deadline.--A consolidated report under
subparagraph (A) shall be submitted by not
later than March 31 of the fiscal year
following the fiscal year for which the report
is submitted.
(2) Review of technology protection policy.--Not
later than 270 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
appropriate congressional committees a report
describing any need for reforms of policies governing
the export of technology or related intellectual
property, along with any proposed legislative changes
the Secretary believes are necessary.
(3) Form of reports.--Each report submitted under
this subsection shall be in unclassified form, but may
contain a classified annex.
(4) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services, the
Committee on Financial Services, the Committee
on Foreign Affairs, and the Permanent Select
Committee on Intelligence of the House of
Representatives; and
(B) the Committee on Armed Services, the
Committee on Banking, Housing, and Urban
Affairs, the Committee on Foreign Relations,
and the Select Committee on Intelligence of the
Senate.
SEC. 1072. REPORT ON DEFENSE OF COMBAT LOGISTICS AND STRATEGIC MOBILITY
FORCES.
(a) Report Required.--Not later than April 1, 2018, the
Secretary of the Navy shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on the defense of combat logistics and strategic
mobility forces.
(b) Covered Periods.--The report required by subsection (a)
shall cover two periods:
(1) The period from 2018 through 2025.
(2) The period from 2026 through 2035.
(c) Elements.--The report required by subsection (a) shall
include, for each of the periods covered by the report, the
following:
(1) A description of potential warfighting planning
scenarios in which combat logistics and strategic
mobility forces will be threatened, including the most
demanding operational plan requiring such forces.
(2) A description of the combat logistics and
strategic mobility forces capacity, including
additional combat logistics and strategic mobility
forces, that may be required due to losses from attacks
under each scenario described pursuant to paragraph
(1).
(3) A description of the projected capability and
capacity of subsurface threats to combat logistics and
strategic mobility forces for each scenario described
pursuant to paragraph (1).
(4) A description of planned operating concepts for
defending combat logistics and strategic mobility
forces from subsurface, surface, and air threats for
each scenario described pursuant to paragraph (1).
(5) An assessment of the ability and availability
of United States naval forces to defend combat
logistics and strategic mobility forces from the
threats described pursuant to paragraph (1), while also
accomplishing other assigned missions, for each
scenario described pursuant to that paragraph.
(6) A description of specific capability gaps or
risk areas in the ability or availability of United
States naval forces to defend combat logistics and
strategic mobility forces from the threats described
pursuant to paragraph (1).
(7) A description and assessment of potential
solutions to address the capability gaps and risk areas
identified pursuant to paragraph (6), including new
capabilities, increased capacity, or new operating
concepts that could be employed by United States naval
forces.
(d) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(e) Combat Logistics and Strategic Mobility Forces
Defined.--In this section, the term ``combat logistics and
strategic mobility forces'' means the combat logistics force,
the Ready Reserve Force, and the Military Sealift Command surge
fleet.
SEC. 1073. REPORT ON ACQUISITION STRATEGY TO RECAPITALIZE THE EXISTING
SYSTEM FOR UNDERSEA FIXED SURVEILLANCE.
(a) In General.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of the Navy shall
submit to the congressional defense committees a report on the
acquisition strategy to recapitalize the existing system for
undersea fixed surveillance.
(b) Elements.--The report required by subsection (a) shall
address the following matters:
(1) A description of undersea fixed surveillance
system recapitalization requirements, including key
performance parameters and key system attributes as
applicable.
(2) Cost estimates for procuring a future system or
systems.
(3) Projected dates for key milestones within the
acquisition strategy.
(4) A description of how the acquisition strategy
will improve performance in the areas of detection and
localization compared to the legacy system to enable
effective performance against current, emerging, and
future threats over the life of the systems.
(5) A description of how the acquisition strategy
will encourage competition and reward innovation for
addressing system performance requirements.
SEC. 1074. REPORT ON IMPLEMENTATION OF REQUIREMENTS IN CONNECTION WITH
THE ORGANIZATION OF THE DEPARTMENT OF DEFENSE FOR
MANAGEMENT OF SPECIAL OPERATIONS FORCES AND SPECIAL
OPERATIONS.
(a) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report on the implementation of
section 922 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2354) and the
amendments made by that section (in this section collectively
referred to as the ``covered authority'').
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A statement of the responsibilities of the
Assistant Secretary of Defense for Special Operations
and Low Intensity Conflict that is consistent with the
covered authority, including an identification of any
responsibilities to be divested by the Assistant
Secretary pursuant to the covered authority.
(2) A resource-unconstrained analysis of manpower
requirements necessary to satisfy the responsibilities
akin to those of the Secretary of a military department
that are specified by the covered authority.
(3) An accounting of civilian, military, and
contractor personnel currently assigned to the
fulfillment of the responsibilities akin to those of
the Secretary of a military department that are
specified by the covered authority, including
responsibilities relating to budget, personnel,
programs and requirements, acquisition, and special
access programs.
(4) A description of actions taken to implement the
covered authority as of the date of the report,
including the assignment of any additional civilian,
military, or contractor personnel to fulfill additional
responsibilities akin to those of the Secretary of a
military department that are specified by the covered
authority.
(5) An explanation how the responsibilities akin to
those of the Secretary of a military department that
assigned to the Assistant Secretary by the covered
authority will be fulfilled in the absence of
additional personnel being assigned to the office of
the Assistant Secretary.
(6) An assessment of whether the responsibilities
specified in section 138(b)(4) of title 10, United
States Code, could be accomplished more effectively if
the Assistant Secretary of Defense for Special
Operations and Low Intensity Conflict were elevated to
an Under Secretary, including the potential benefits
and negative consequences of such a change.
(7) Any other matters the Secretary considers
appropriate.
SEC. 1075. REPORT ON THE GLOBAL FOOD SYSTEM AND VULNERABILITIES
RELEVANT TO DEPARTMENT OF DEFENSE MISSIONS.
(a) Report Required.--Not later than one year after the
date of the enactment of this Act, the Secretary of Defense
shall, in consultation with the heads of such components of the
Department of Defense as the Secretary considers appropriate,
submit to the congressional defense committees an assessment of
Department of Defense policies and operational plans for
addressing the national security implications of global food
system vulnerabilities.
(b) Contents.--The report required by subsection (a) shall
include, at a minimum, the following:
(1) An evaluation of vulnerabilities in the global
food system that may affect the national security of
the United States and the Department of Defense roles,
missions, and capabilities in addressing such
vulnerabilities, including information technology, data
management, and surveillance capabilities for detection
and assessment of food system shocks with the potential
to result in the deployment of the Armed Forces or
directly affect bilateral security interests with
allies or partners.
(2) A characterization of how Department of Defense
strategy, policies, and plans, including the Unified
Command Plan, defense planning scenarios, operational
plans, theater cooperation plans, and other relevant
planning documents and procedures, account for food
system vulnerabilities as precursors to and components
of protracted major state conflicts, civil wars,
insurgencies, or terrorism.
(3) An evaluation of United States interests,
including the interests of allies and strategic
partners, and potential United States military
operations, including thresholds for ordering such
operations, in regions where food system instability
represents an urgent and growing threat, including due
to the presence of destabilizing non-state actors who
may weaponize access to food.
(4) An identification of opportunities to initiate
or further develop cooperative military-to-military
relationships to build partner capacity to avoid,
minimize, or control global and regional food system
shocks.
Subtitle G--Modernizing Government Technology
SEC. 1076. DEFINITIONS.
In this subtitle:
(1) Administrator.--The term ``Administrator''
means the Administrator of General Services.
(2) Board.--The term ``Board'' means the Technology
Modernization Board established under section
1094(c)(1).
(3) Cloud computing.--The term ``cloud computing''
has the meaning given the term by the National
Institute of Standards and Technology in NIST Special
Publication 800-145 and any amendatory or superseding
document thereto.
(4) Director.--The term ``Director'' means the
Director of the Office of Management and Budget.
(5) Fund.--The term ``Fund'' means the Technology
Modernization Fund established under section
1094(b)(1).
(6) Information technology.--The term ``information
technology'' has the meaning given the term in section
3502 of title 44, United States Code.
(7) IT working capital fund.--The term ``IT working
capital fund'' means an information technology system
modernization and working capital fund established
under section 1093(b)(1).
(8) Legacy information technology system.--The term
``legacy information technology system'' means an
outdated or obsolete system of information technology.
SEC. 1077. ESTABLISHMENT OF AGENCY INFORMATION TECHNOLOGY SYSTEMS
MODERNIZATION AND WORKING CAPITAL FUNDS.
(a) Definition.--In this section, the term ``covered
agency'' means each agency listed in section 901(b) of title
31, United States Code.
(b) Information Technology System Modernization and Working
Capital Funds.--
(1) Establishment.--The head of a covered agency
may establish within the covered agency an information
technology system modernization and working capital
fund for necessary expenses described in paragraph (3).
(2) Source of funds.--The following amounts may be
deposited into an IT working capital fund:
(A) Reprogramming and transfer of funds
made available in appropriations Acts enacted
after the date of enactment of this Act,
including the transfer of any funds for the
operation and maintenance of legacy information
technology systems, in compliance with any
applicable reprogramming law or guidelines of
the Committees on Appropriations of the Senate
and the House of Representatives or transfer
authority specifically provided in
appropriations law.
(B) Amounts made available to the IT
working capital fund through discretionary
appropriations made available after the date of
enactment of this Act.
(3) Use of funds.--An IT working capital fund
established under paragraph (1) may only be used--
(A) to improve, retire, or replace existing
information technology systems in the covered
agency to enhance cybersecurity and to improve
efficiency and effectiveness across the life of
a given workload, procured using full and open
competition among all commercial items to the
greatest extent practicable;
(B) to transition legacy information
technology systems at the covered agency to
commercial cloud computing and other innovative
commercial platforms and technologies,
including those serving more than 1 covered
agency with common requirements;
(C) to assist and support covered agency
efforts to provide adequate, risk-based, and
cost-effective information technology
capabilities that address evolving threats to
information security;
(D) to reimburse funds transferred to the
covered agency from the Fund with the approval
of the Chief Information Officer, in
consultation with the Chief Financial Officer,
of the covered agency; and
(E) for a program, project, or activity or
to increase funds for any program, project, or
activity that has not been denied or restricted
by Congress.
(4) Existing funds.--An IT working capital fund may
not be used to supplant funds provided for the
operation and maintenance of any system within an
appropriation for the covered agency at the time of
establishment of the IT working capital fund.
(5) Prioritization of funds.--The head of each
covered agency--
(A) shall prioritize funds within the IT
working capital fund of the covered agency to
be used initially for cost savings activities
approved by the Chief Information Officer of
the covered agency; and
(B) may reprogram and transfer any amounts
saved as a direct result of the cost savings
activities approved under clause (i) for
deposit into the IT working capital fund of the
covered agency, consistent with paragraph
(2)(A).
(6) Availability of funds.--
(A) In general.--Any funds deposited into
an IT working capital fund shall be available
for obligation for the 3-year period beginning
on the last day of the fiscal year in which the
funds were deposited.
(B) Transfer of unobligated amounts.--Any
amounts in an IT working capital fund that are
unobligated at the end of the 3-year period
described in subparagraph (A) shall be
transferred to the general fund of the
Treasury.
(7) Agency cio responsibilities.--In evaluating
projects to be funded by the IT working capital fund of
a covered agency, the Chief Information Officer of the
covered agency shall consider, to the extent
applicable, guidance issued under section 1094(b)(1) to
evaluate applications for funding from the Fund that
include factors including a strong business case,
technical design, consideration of commercial off-the-
shelf products and services, procurement strategy
(including adequate use of rapid, iterative software
development practices), and program management.
(c) Reporting Requirement.--
(1) In general.--Not later than 1 year after the
date of enactment of this Act, and every 6 months
thereafter, the head of each covered agency shall
submit to the Director, with respect to the IT working
capital fund of the covered agency--
(A) a list of each information technology
investment funded, including the estimated cost
and completion date for each investment; and
(B) a summary by fiscal year of
obligations, expenditures, and unused balances.
(2) Public availability.--The Director shall make
the information submitted under paragraph (1) publicly
available on a website.
SEC. 1078. ESTABLISHMENT OF TECHNOLOGY MODERNIZATION FUND AND BOARD.
(a) Definition.--In this section, the term ``agency'' has
the meaning given the term in section 551 of title 5, United
States Code.
(b) Technology Modernization Fund.--
(1) Establishment.--There is established in the
Treasury a Technology Modernization Fund for
technology-related activities, to improve information
technology, to enhance cybersecurity across the Federal
Government, and to be administered in accordance with
guidance issued by the Director.
(2) Administration of fund.--The Administrator, in
consultation with the Chief Information Officers
Council and with the approval of the Director, shall
administer the Fund in accordance with this subsection.
(3) Use of funds.--The Administrator shall, in
accordance with recommendations from the Board, use
amounts in the Fund--
(A) to transfer such amounts, to remain
available until expended, to the head of an
agency for the acquisition of products and
services, or the development of such products
and services when more efficient and cost
effective, to improve, retire, or replace
existing Federal information technology systems
to enhance cybersecurity and privacy and
improve long-term efficiency and effectiveness;
(B) to transfer such amounts, to remain
available until expended, to the head of an
agency for the operation and procurement of
information technology products and services,
or the development of such products and
services when more efficient and cost
effective, and acquisition vehicles for use by
agencies to improve Governmentwide efficiency
and cybersecurity in accordance with the
requirements of the agencies;
(C) to provide services or work performed
in support of--
(i) the activities described in
subparagraph (A) or (B); and
(ii) the Board and the Director in
carrying out the responsibilities
described in subsection (c)(2); and
(D) to fund only programs, projects, or
activities or to fund increases for any
programs, projects, or activities that have not
been denied or restricted by Congress.
(4) Authorization of appropriations; credits;
availability of funds.--
(A) Authorization of appropriations.--There
is authorized to be appropriated to the Fund
$250,000,000 for each of fiscal years 2018 and
2019.
(B) Credits.--In addition to any funds
otherwise appropriated, the Fund shall be
credited with all reimbursements, advances, or
refunds or recoveries relating to information
technology or services provided for the
purposes described in paragraph (3).
(C) Availability of funds.--Amounts
deposited, credited, or otherwise made
available to the Fund shall be available until
expended for the purposes described in
paragraph (3).
(5) Reimbursement.--
(A) Reimbursement by agency.--
(i) In general.--The head of an
agency shall reimburse the Fund for any
transfer made under subparagraph (A) or
(B) of paragraph (3), including any
services or work performed in support
of the transfer under paragraph (3)(C),
in accordance with the terms
established in a written agreement
described in paragraph (6).
(ii) Reimbursement from subsequent
appropriations.--Notwithstanding any
other provision of law, an agency may
make a reimbursement required under
clause (i) from any appropriation made
available after the date of enactment
of this Act for information technology
activities, consistent with any
applicable reprogramming law or
guidelines of the Committees on
Appropriations of the Senate and the
House of Representatives.
(iii) Recording of obligation.--
Notwithstanding section 1501 of title
31, United States Code, an obligation
to make a payment under a written
agreement described in paragraph (6) in
a fiscal year after the date of
enactment of this Act shall be recorded
in the fiscal year in which the payment
is due.
(B) Prices fixed by administrator.--
(i) In general.--The Administrator,
in consultation with the Director,
shall establish amounts to be paid by
an agency under this paragraph and the
terms of repayment for activities
funded under paragraph (3), including
any services or work performed in
support of that development under
paragraph (3)(C), at levels sufficient
to ensure the solvency of the Fund,
including operating expenses.
(ii) Review and approval.--Before
making any changes to the established
amounts and terms of repayment, the
Administrator shall conduct a review
and obtain approval from the Director.
(C) Failure to make timely reimbursement.--
The Administrator may obtain reimbursement from
an agency under this paragraph by the issuance
of transfer and counterwarrants, or other
lawful transfer documents, supported by
itemized bills, if payment is not made by the
agency during the 90-day period beginning after
the expiration of a repayment period described
in a written agreement described in paragraph
(6).
(6) Written agreement.--
(A) In general.--Before the transfer of
funds to an agency under subparagraphs (A) and
(B) of paragraph (3), the Administrator, in
consultation with the Director, and the head of
the agency shall enter into a written
agreement--
(i) documenting the purpose for
which the funds will be used and the
terms of repayment, which may not
exceed 5 years unless approved by the
Director; and
(ii) which shall be recorded as an
obligation as provided in paragraph
(5)(A).
(B) Requirement for use of incremental
funding, commercial products and services, and
rapid, iterative development practices.--The
Administrator shall ensure--
(i) for any funds transferred to an
agency under paragraph (3)(A), in the
absence of compelling circumstances
documented by the Administrator at the
time of transfer, that such funds shall
be transferred only on an incremental
basis, tied to metric-based development
milestones achieved by the agency
through the use of rapid, iterative,
development processes; and
(ii) that the use of commercial
products and services are incorporated
to the greatest extent practicable in
activities funded under subparagraphs
(A) and (B) of paragraph (3), and that
the written agreement required under
paragraph (6) documents this
preference.
(7) Reporting requirements.--
(A) List of projects.--
(i) In general.--Not later than 6
months after the date of enactment of
this Act, the Director shall maintain a
list of each project funded by the
Fund, to be updated not less than
quarterly, that includes a description
of the project, project status
(including any schedule delay and cost
overruns), financial expenditure data
related to the project, and the extent
to which the project is using
commercial products and services,
including if applicable, a
justification of why commercial
products and services were not used and
the associated development and
integration costs of custom
development.
(ii) Public availability.--The list
required under clause (i) shall be
published on a public website in a
manner that is, to the greatest extent
possible, consistent with applicable
law on the protection of classified
information, sources, and methods.
(B) Comptroller general reports.--Not later
than 2 years after the date of enactment of
this Act, and every 2 years thereafter, the
Comptroller General of the United States shall
submit to Congress and make publically
available a report assessing--
(i) the costs associated with
establishing the Fund and maintaining
the oversight structure associated with
the Fund compared with the cost savings
associated with the projects funded
both annually and over the life of the
acquired products and services by the
Fund;
(ii) the reliability of the cost
savings estimated by agencies
associated with projects funded by the
Fund;
(iii) whether agencies receiving
transfers of funds from the Fund used
full and open competition to acquire
the custom development of information
technology products or services; and
(iv) the number of IT procurement,
development, and modernization
programs, offices, and entities in the
Federal Government, including 18F and
the United States Digital Services, the
roles, responsibilities, and goals of
those programs and entities, and the
extent to which they duplicate work.
(c) Technology Modernization Board.--
(1) Establishment.--There is established a
Technology Modernization Board to evaluate proposals
submitted by agencies for funding authorized under the
Fund.
(2) Responsibilities.--The responsibilities of the
Board are--
(A) to provide input to the Director for
the development of processes for agencies to
submit modernization proposals to the Board and
to establish the criteria by which those
proposals are evaluated, which shall include--
(i) addressing the greatest
security, privacy, and operational
risks;
(ii) having the greatest
Governmentwide impact; and
(iii) having a high probability of
success based on factors including a
strong business case, technical design,
consideration of commercial off-the-
shelf products and services,
procurement strategy (including
adequate use of rapid, agile iterative
software development practices), and
program management;
(B) to make recommendations to the
Administrator to assist agencies in the further
development and refinement of select submitted
modernization proposals, based on an initial
evaluation performed with the assistance of the
Administrator;
(C) to review and prioritize, with the
assistance of the Administrator and the
Director, modernization proposals based on
criteria established pursuant to subparagraph
(A);
(D) to identify, with the assistance of the
Administrator, opportunities to improve or
replace multiple information technology systems
with a smaller number of information technology
services common to multiple agencies;
(E) to recommend the funding of
modernization projects, in accordance with the
uses described in subsection (b)(3), to the
Administrator;
(F) to monitor, in consultation with the
Administrator, progress and performance in
executing approved projects and, if necessary,
recommend the suspension or termination of
funding for projects based on factors including
the failure to meet the terms of a written
agreement described in subsection (b)(6); and
(G) to monitor the operating costs of the
Fund.
(3) Membership.--The Board shall consist of 7
voting members.
(4) Chair.--The Chair of the Board shall be the
Administrator of the Office of Electronic Government.
(5) Permanent members.--The permanent members of
the Board shall be--
(A) the Administrator of the Office of
Electronic Government; and
(B) a senior official from the General
Services Administration having technical
expertise in information technology
development, appointed by the Administrator,
with the approval of the Director.
(6) Additional members of the board.--
(A) Appointment.--The other members of the
Board shall be--
(i) 1 employee of the National
Protection and Programs Directorate of
the Department of Homeland Security,
appointed by the Secretary of Homeland
Security; and
(ii) 4 employees of the Federal
Government primarily having technical
expertise in information technology
development, financial management,
cybersecurity and privacy, and
acquisition, appointed by the Director.
(B) Term.--Each member of the Board
described in paragraph (A) shall serve a term
of 1 year, which shall be renewable not more
than 4 times at the discretion of the
appointing Secretary or Director, as
applicable.
(7) Prohibition on compensation.--Members of the
Board may not receive additional pay, allowances, or
benefits by reason of their service on the Board.
(8) Staff.--Upon request of the Chair of the Board,
the Director and the Administrator may detail, on a
reimbursable or nonreimbursable basis, any employee of
the Federal Government to the Board to assist the Board
in carrying out the functions of the Board.
(d) Responsibilities of Administrator.--
(1) In general.--In addition to the
responsibilities described in subsection (b), the
Administrator shall support the activities of the Board
and provide technical support to, and, with the
concurrence of the Director, oversight of, agencies
that receive transfers from the Fund.
(2) Responsibilities.--The responsibilities of the
Administrator are--
(A) to provide direct technical support in
the form of personnel services or otherwise to
agencies transferred amounts under subsection
(b)(3)(A) and for products, services, and
acquisition vehicles funded under subsection
(b)(3)(B);
(B) to assist the Board with the
evaluation, prioritization, and development of
agency modernization proposals.
(C) to perform regular project oversight
and monitoring of approved agency modernization
projects, in consultation with the Board and
the Director, to increase the likelihood of
successful implementation and reduce waste; and
(D) to provide the Director with
information necessary to meet the requirements
of subsection (b)(7).
(e) Effective Date.--This section shall take effect on the
date that is 90 days after the date of enactment of this Act.
(f) Sunset.--
(1) In general.--On and after the date that is 2
years after the date on which the Comptroller General
of the United States issues the third report required
under subsection (b)(7)(B), the Administrator may not
award or transfer funds from the Fund for any project
that is not already in progress as of such date.
(2) Transfer of unobligated amounts.--Not later
than 90 days after the date on which all projects that
received an award from the Fund are completed, any
amounts in the Fund shall be transferred to the general
fund of the Treasury and shall be used for deficit
reduction.
(3) Termination of technology modernization
board.--Not later than 90 days after the date on which
all projects that received an award from the Fund are
completed, the Technology Modernization Board and all
the authorities of subsection (c) shall terminate.
Subtitle H--Other Matters
SEC. 1081. TECHNICAL, CONFORMING, AND CLERICAL AMENDMENTS.
(a) Title 10, United States Code.--Title 10, United States
Code, is amended as follows:
(1) Section 113(j)(1) is amended by striking ``the
Committee on'' the first place it appears and all that
follows through ``of Representatives'' and inserting
``congressional defense committees''.
(2) Section 115(i)(9) is amended by striking
``section 1203(b) of the Cooperative Threat Reduction
Act of 1993 (22 U.S.C. 5952(b))'' and inserting
``section 1321(a) of the Department of Defense
Cooperative Threat Reduction Act (50 U.S.C. 3711(a))''.
(3) Section 122a(a) is amended by striking ``acting
through the Office of the Assistant Secretary of
Defense for Public Affairs'' and inserting ``acting
through the Assistant to the Secretary of Defense for
Public Affairs''.
(4) Section 127(c)(1) is amended by striking ``the
Committee on'' the first place it appears and all that
follows through ``of Representatives'' and inserting
``congressional defense committees''.
(5) Section 129a(b) is amended by striking ``(as
identified pursuant to section 118b of this title)''.
(6) Section 130f(b)(1) is amended by adding a
period at the end.
(7) Section 139b(c)(2) is amended by inserting a
period at the end of subparagraph (K).
(8) Section 153(a) is amended by inserting a colon
after ``the following'' in the matter preceding
paragraph (1).
(9) Section 162(a)(4) is amended by striking the
comma after ``command of''.
(10) Section 164(a)(1)(B) is amended by striking
``section 664(f)'' and inserting ``section 664(d)''.
(11) Section 166(c) is amended by striking
``section 2011'' and inserting ``section 322''.
(12) Section 167b(e)(2)(A)(iii)(II) is amended by
striking ``Fiscal Year 2014'' and inserting ``Fiscal
Year 2016''.
(13) Section 171a is amended--
(A) in subsection (f), by striking ``(4))''
and inserting ``(4)))''; and
(B) in subsection (i)(3), by striking
``section 2366(e)'' and inserting ``sections
2366(e) and 2366a(d)''.
(14) Section 179(f)(3)(B)(iii) is amended by
striking ``Joints'' and inserting ``Joint''.
(15) Section 181(b)(1) is amended by striking
``section 118'' and inserting ``section 113(g)''.
(16) Section 222(b) is amended by striking ``both''
through the period at the end and inserting ``major
force programs.''.
(17) Section 342(j)(2) is amended by striking the
second period at the end.
(18) Section 347(a)(1)(A) is amended by inserting
``section'' in clauses (i) and (iii) after ``Academy
under''.
(19) Section 494(b)(2)(B) is amended by striking
``of title 10'' and inserting ``of this title''.
(20) Section 661(c) is amended by striking
``section 664(f)'' in paragraphs (1)(B)(i) and (3)(A)
and inserting ``section 664(d)''.
(21) Section 801 (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):''.
(22) Section 806b(b) (article 6b(b) of the Uniform
Code of Military Justice) is amended by striking ``(the
Uniform Code of Military Justice)''.
(23) Section 1073c(a)(1)(E) is amended by striking
``miliary'' and inserting ``military''.
(24) Section 1074g(a)(9) is amended by moving
subparagraphs (B) and (C) two ems to the left.
(25) Section 1451 is amended in subsections (a) and
(b) by striking ``section 1450(a)(4)'' each place it
appears and inserting ``section 1450(a)(5)''.
(26) Section 1452(c) is amended in paragraphs (1)
and (3) by striking ``section 1450(a)(4)'' both places
it appears and inserting ``section 1450(a)(5)''.
(27) Subsection (i) of section 1552, as
redesignated by section 511(a)(1) of this Act, is
amended by striking ``calender'' each place it appears
and inserting ``calendar''.
(28) Section 1553(f) is amended by striking
``calender'' each place it appears and inserting
``calendar''.
(29) Section 2264(b)(3) is amended by striking
``the date of the'' and all the follows through
``2015'' and inserting ``December 19, 2014''.
(30) Section 2330a is amended--
(A) in subsection (d)(1)(C), by striking
``management.;'' and inserting ``management;'';
and
(B) in subsection (h)--
(i) in paragraph (1), by inserting
``Performance-based.--'' after ``(1)'';
(ii) by designating the four
paragraphs after paragraph (4) as
paragraphs (5), (6), (7), and (8),
respectively;
(iii) in paragraph (5), as
redesignated, by inserting ``Service
acquisition portfolio groups.--'' after
``(5)''; and
(iv) in paragraph (6), as
redesignated, by inserting ``Staff
augmentation contracts.--'' after
``(6)''.
(31) Section 2334(a)(6)(B) is amended by adding a
semicolon at the end.
(32) Section 2335 is amended by striking ``(2
U.S.C. 431 et seq.)'' in subsections (c)(1) and (d)(3)
and inserting ``(52 U.S.C. 30101 et seq.)''.
(33) The table of sections at the beginning of
chapter 139 is amended by inserting at period at the
end of the items relating to sections 2372 and 2372a.
(34) Section 2364(a)(6) is amended by striking
``conveys'' and inserting ``convey''.
(35) Section 2372 is amended by striking
``subsection (c)(3)(A)'' and inserting ``subsection
(c)(2)(A)''.
(36) Section 2411(1)(D) is amended by striking
``(Public Law 93-638; 25 U.S.C. 450b(l))'' and
inserting ``(25 U.S.C. 5304(l))''.
(37) The item relating to section 2431b in the
table of sections at the beginning of chapter 144 is
amended to read as follows:
``2431b. Risk management and mitigation in major defense acquisition
programs and major systems.''.
(38) Section 2430 is amended by striking
``subsection (a)(2)'' in subsections (b) and (c) and
inserting ``subsection (a)(1)(B)''.
(39) Section 2431a(d) is amended by inserting
``(1)'' after ``Review.--''.
(40) Section 2446b(e) is amended--
(A) in the matter preceding paragraph (1),
by striking ``in writing that--'' and inserting
``in writing--''; and
(B) in paragraph (1), by inserting ``,
that'' after ``open system approach''.
(41) Section 2548(e) is amended--
(A) by striking ``Requirements'' and all
that follows through ``by the Secretary'' and
inserting ``Requirement.--The annual report
prepared by the Secretary'';
(B) by striking ``system; and'' and
inserting ``system.''; and
(C) by striking paragraph (2).
(42) The table of sections at the beginning of
chapter 152 is amended by inserting a period at the end
of the item relating to section 2567.
(43) Section 2576a(b) is amended by striking
``and'' at the end of paragraph (4).
(44) Section 2612(a) is amended by striking
``section 2166(f)(4)'' and inserting ``section
343(f)(4)''.
(45) Section 2662(f)(1)(D) is amended by striking
``section 334'' and inserting ``section 254''.
(46) Section 2667(e) is amended--
(A) in paragraph (1)(E), by striking
``military museum described in section 489(a)
of this title'' and inserting ``military
museum'';
(B) in paragraph (4), by striking ``before
January 1, 2005, shall be deposited into the
account'' and inserting ``shall be deposited
into the Department of Defense Base Closure
Account''; and
(C) by striking paragraph (5).
(47) Section 2667(k) is amended by striking
``section 9101'' and inserting ``section 8101''.
(48) Section 2925(b)(1) is amended by striking
``section 138c'' and inserting ``section 2926(b)''.
(49) Chapter 449 is amended--
(A) by striking the second section 4781;
and
(B) in the table of sections, by striking
the item relating to the second section 4781.
(50) Section 7235(e)(2) is amended by striking ``24
months after the date of the enactment of this
section'' and inserting ``November 25, 2017,''.
(51) The item relating to section 9517 in the table
of sections at the beginning of chapter 931 is amended
by making the first letter of the third word lower
case.
(b) Amendments Related to Repeal of Pending Authority To
Establish Under Secretary of Defense for Business Management
and Information.--
(1) National defense authorization act for fiscal
year 2015.--Effective as of December 23, 2016, section
901 of the Carl Levin and Howard P. ``Buck'' McKeon
National Defense Authorization Act for Fiscal Year 2015
(Public Law 113-291; 128 Stat. 3462), as amended by
section 901(d) of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat.
2342), is further amended--
(A) by striking subsection (j);
(B) in subsection (l)(1), by striking
subparagraph (A);
(C) in subsection (m), by striking
paragraphs (1) and (2); and
(D) in subsection (n), by striking
paragraph (1).
(2) National defense authorization act for fiscal
year 2016.--Effective as of November 25, 2015,
subsection (f) of section 883 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-
92), as added by section 1081(c)(5) of the National
Defense Authorization Act for Fiscal Year 2017 (Public
Law 114-328), is amended by striking paragraph (1).
(c) Technical Corrections Related to Uniform Code of
Military Justice Reform.--
(1) In general.--Chapter 47 of title 10, United
States Code (the Uniform Code of Military Justice), as
amended by the Military Justice Act of 2016 (division E
of Public Law 114-328), is further amended as follows:
(A) Section 801 (article 1) is amended, in
the matter preceding paragraph (1), by
inserting ``(the Uniform Code of Military
Justice)'' after ``chapter''.
(B) Subsection (b) of section 806b (article
6b), as amended by section 5105 of the Military
Justice Act of 2016 (130 Stat. 2895) is amended
by striking ``(the Uniform Code of Military
Justice)''.
(C) Subsections (b) and (c) of section 816
(article 16), as amended by section 5161 of the
Military Justice Act of 2016 (130 Stat. 2897)
are amended by striking ``sections 825(d)(3)
and 829 of this title (articles 25(d)(3) and
29)'' each place it appears and inserting
``sections 825(e)(3) and 829 of this title
(articles 25(e)(3) and 29)''.
(D) Subsection (a)(4) of section 839
(article 39), as added by section 5222(1) of
the Military Justice Act of 2016 (130 Stat.
2909), 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) Subsection (i) of section 843 (article
43), as added by section 5225(c) of the
Military Justice Act of 2016 (130 Stat. 2909),
is amended by striking ``Dna Evidence.--'' and
inserting ``DNA Evidence.--''.
(F) Section 848(c)(1) (article 48(c)(1)),
as amended by section 5230 of the Military
Justice Act of 2016 (130 Stat. 2913), 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) Section 853(b)(1)(B) (article
53(b)(1)(B)), as amended by section 5236 of the
Military Justice Act of 2016 (130 Stat. 2937),
is further amended by striking ``in a trial''.
(H) Subsection (d) of section 853a (article
53a), as added by section 5237 of the Military
Justice Act of 2016 (130 Stat. 2917), is
amended by striking ``military judge'' the
second place it appears and inserting ``court-
martial''.
(I) Section 864(a) (article 64(a)), as
amended by section 5328(a) of the Military
Justice Act of 2016 (130 Stat. 2929), is
further amended by striking ``(a) (a) In
General.--'' and inserting ``(a) In General.--
''.
(J) Subsection (b)(1) of section 865
(article 65), as added by section 5329 of the
Military Justice Act of 2016 (130 Stat. 2930),
is 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))''.
(K) Subsection (f)(3) of section 866
(article 66), as added by section 5330 of the
Military Justice Act of 2016 (130 Stat. 2932),
is amended by inserting after ``Court'' the
first place it appears the following: ``of
Criminal Appeals''.
(L) Section 869(c)(1)(A) (article
69(c)(1)(A)), as amended by section 5333 of the
Military Justice Act of 2016 (130 Stat. 2935),
is further amended by inserting a comma after
``in part''.
(M) Section 882(b) (article 82(b)), as
amended by section 5403 of the Military Justice
Act of 2016 (130 Stat. 2939), is further
amended by striking ``section 99'' and
inserting ``section 899''.
(N) Section 919a(b) (article 119a(b)), as
amended by section 5401(13)(B) of the Military
Justice Act of 2016 (130 Stat. 2939), is
further amended--
(i) by striking ``928a, 926, and
928'' and inserting ``926, 928, and
928a''; and
(ii) by striking ``128a 126, and
128'' and inserting ``126, 128, and
128a''.
(O) Section 920(g)(2) (article 120(g)(2)),
as amended by section 5430(b) of the Military
Justice Act of 2016 (130 Stat. 2949), is
further amended in the first sentence by
striking ``brest'' and inserting ``breast''.
(P) Section 928(b)(2) (article 128(b)(2)),
as amended by section 5441 of the Military
Justice Act of 2016 (130 Stat. 2954), is
further amended by striking the comma after
``substantial bodily harm''.
(Q) Subsection (b)(2) of section 932
(article 132), as added by section 5450 of the
Military Justice Act of 2016 (130 Stat. 2957),
is amended by striking ``section 1034(h)'' and
inserting ``section 1034(j)''.
(R) Section 937 (article 137), as amended
by section 5503 of the Military Justice Act of
2016 (130 Stat. 2960), is further amended by
striking ``(the Uniform Code of Military
Justice)'' each place it appears as follows:
(i) In subsection (a)(1), in the
matter preceding subparagraph (A).
(ii) In subsection (b), in the
matter preceding subparagraph (A).
(iii) In subsection (d), in the
matter preceding paragraph (1).
(2) Cross-references to stalking.--Title 10, United
States Code, is amended as follows:
(A) Section 673(a) is amended--
(i) by striking ``920a, or 920c''
and inserting ``920c, or 930''; and
(ii) by striking ``120a, or 120c''
and inserting ``120c, or 130''.
(B) Section 674(a) is amended--
(i) by striking ``920a, 920b, 920c,
or 925'' and inserting ``920b, 920c, or
930''; and
(ii) by striking ``120a, 120b,
120c, or 125'' and inserting ``120b,
120c, or 130''.
(C) Section 1034(c)(2)(A) 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)''.
(D) Section 1044e(g)(1) is amended--
(i) by striking ``920a, 920b, 920c,
or 925'' and inserting ``920b, 920c, or
930''; and
(ii) by striking ``120a, 120b,
120c, or 125'' and inserting ``120b,
120c, or 130''.
(3) Cross-reference in title 5.--Section
8312(b)(2)(A) of title 5, United States Code, is
amended by striking ``article 106 (spies), or article
106a (espionage)'' and inserting ``article 103a
(espionage), or article 106 (spies)''.
(4) Effective date.--The amendments made by this
subsection shall take effect immediately after the
amendments made by the Military Justice Act of 2016
(division E of Public Law 114-328) take effect as
provided for in section 5542 of that Act (130 Stat.
2967).
(d) National Defense Authorization Act for Fiscal Year
2017.--Effective as of December 23, 2016, and as if included
therein as enacted, the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328) is amended as follows:
(1) Section 217(a)(2) (130 Stat. 2051) is amended
by striking ``section 821b'' and inserting ``section
821(b)''.
(2) Section 233 (10 U.S.C. 2358 note; 130 Stat.
2061) is amended in subsections (a)(1) and (b)(1), by
striking ``secretaries'' and inserting ``Secretaries''.
(3) Section 728(b)(1) (130 Stat. 2234) is amended
by inserting ``(c)'' after ``Section 1073b''.
(4) Section 805(a)(2) (130 Stat. 2255) is amended
by striking ``The table of chapters for title 10,
United States Code, is'' and inserting ``The tables of
chapters at the beginning of subtitle A, and at the
beginning of part IV of subtitle A, of title 10, United
States Code, are''.
(5) The matter to be inserted by section
824(d)(1)(B) (130 Stat. 2279) is amended--
(A) by striking ``(3)'' and inserting
``(4)''; and
(B) by striking ``(4)'' and inserting
``(5)''.
(6) Section 833(b)(2)(C) (130 Stat. 2284) is
amended--
(A) in clause (ii), by striking ``Section
2330a(j) of title 10, United States Code,'' and
inserting ``Section 2330a(h) of title 10,
United States Code, as redesignated by section
812(d),''; and
(B) in clause (iii), in the matter proposed
to be inserted, by striking ``section
2330a(j)'' and inserting ``section 2330a(h)''.
(7) Section 865(b)(2) (130 Stat. 2305) is amended
by striking ``section 2330a(g)(5)'' and inserting
``section 2330a(h)(4)''.
(8) Section 893(c) (130 Stat. 2324) is amended by
inserting ``paragraph (2) of'' after ``is further
amended in''.
(9) Section 902(b) (130 Stat. 2344) is amended by
striking ``Section 151(b)(5)'' and inserting ``Section
131(b)(5)''.
(10) Section 921(c) (130 Stat. 2351) is amended by
inserting after ``The text of'' the following:
``subsection (a) (after the subsection heading)''.
(11) Section 1061(c)(23) (130 Stat. 2400) is
amended by striking ``488(c)'' and inserting ``488''.
(12) Section 1061(i) (130 Stat. 2404) is amended--
(A) in paragraph (23), by striking ``2010
(Public Law 110-417)'' and inserting ``2009
(Public Law 110-417; 10 U.S.C. prec. 701
note)''; and
(B) in paragraph (24), by striking ``2010''
and inserting ``2009''.
(13) Section 1064(b) (130 Stat. 2409) is amended by
striking ``Public Law 113-239'' and inserting ``Public
Law 112-239''.
(14) Section 1253(b) (130 Stat. 2532) is amended by
striking ``this subchapter'' both places it appears and
inserting ``this subtitle''.
(15) Section 2811(c) (130 Stat. 2716) is amended by
striking ``, and the provisions of law amended by
subsections (a) and (b) of that section shall be
restored as if such section had not been enacted into
law''.
(16) Section 2829E(a) (130 Stat. 2733) is amended
by striking paragraph (3).
(17) Section 5225(f) (130 Stat. 2910) is amended by
striking ``this subsection'' and inserting ``this
section''.
(18) The table of sections to be inserted by
section 5452 (130 Stat. 2958) is amended--
(A) by striking ``Art.'' each place it
appears, except the first place it appears;
(B) in the item relating to section 887a,
by striking ``Resistence'' and inserting
``Resistance'';
(C) in the item relating to section 908, by
striking ``of the United States-Loss'' and
inserting ``of United States-Loss,'';
(D) in the item relating to section 909, by
striking ``of the'' and inserting ``of''; and
(E) in the item relating to section 909a,
by striking the second period at the end.
(19) The matters to be inserted by section 5541
(130 Stat. 2965) is amended--
(A) by striking ``Art.'' each place it
appears;
(B) by striking ``825.'' and inserting
``825a.''; and
(C) by striking ``830.'' and inserting
``830a.''.
(e) National Defense Authorization Act for Fiscal Year
2016.--Effective as of November 25, 2015, and as if included
therein as enacted, section 574 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129
Stat. 831) is amended by striking ``1785 note'' both places it
appears and inserting ``1788 note''.
(f) National Defense Authorization Act for Fiscal Year
2015.--Effective as of December 19, 2014, and as if included
therein as enacted, section 1044(a)(2)(A) of the National
Defense Authorization Act for Fiscal Year 2015 (Public Law 113-
291; 128 Stat. 3493) is amended by striking ``October 28'' and
inserting ``September 30''.
(g) National Defense Authorization Act for Fiscal Year
2011.--Effective as of January 7, 2011, and as if included
therein as enacted, section 896(b) of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011 (Public Law 111-
398; 124 Stat. 4315) is amended--
(1) in paragraph (1), by striking ``Chapter'' and
inserting ``Subchapter II of chapter''; and
(2) in paragraph (2), by striking ``chapter'' and
inserting ``subchapter''.
(h) National Defense Authorization Act for Fiscal Year
2009.--Section 943(d)(1) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417), as
amended by section 1205(c)(2) of Public Law 112-81 (125 Stat.
1623), is further amended by striking the second period at the
end of the first sentence.
(i) National Defense Authorization Act for Fiscal Year
2004.--Section 1022(e) of the National Defense Authorization
Act for Fiscal Year 2004 (Public Law 108-136; 10 U.S.C. 271
note) is amended by striking ``section 1004(j)'' and all that
follows through the end of the subsection and inserting
``section 284(i) of title 10, United States Code''.
(j) Coordination With Other Amendments Made by This Act.--
For purposes of applying amendments made by provisions of this
Act other than this section, the amendments made by this
section shall be treated as having been enacted immediately
before any such amendments by other provisions of this Act.
SEC. 1082. 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. 1083. MODIFICATION OF REQUIREMENT RELATING TO CONVERSION OF
CERTAIN MILITARY TECHNICIAN (DUAL STATUS) POSITIONS
TO CIVILIAN POSITIONS.
(a) Revised Reduction.--Section 1053(a)(1) of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-
92; 10 U.S.C. 10216 note), as amended by section 1084(a)(1) of
the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 130 Stat. 2421), is further amended by
striking ``20 percent'' and inserting ``12.6 percent''.
(b) Technical Correction.--Section 1084(a)(2) of the
National Defense Authorization Act for Fiscal Year 2017 (Public
Law 114-328; 130 Stat. 2421), is amended by striking
``paragraph (2)'' and inserting ``paragraph (2)(A)''.
SEC. 1084. NATIONAL GUARD ACCESSIBILITY TO DEPARTMENT OF DEFENSE ISSUED
UNMANNED AIRCRAFT.
(a) Review Required.--Not later than one year after the
date of the enactment of this Act, the Secretary of Defense, in
coordination with the Chief of the National Guard Bureau, the
Commander of United States Northern Command, and the Commander
of United States Pacific Command, shall conduct an efficiency
and effectiveness review of the governance structure,
coordination processes, documentation, and timing and deadline
requirements stipulated in Department of Defense Policy
Memorandum 15-002, entitled ``Guidance for the Domestic Use of
Unmanned Aircraft Systems'' and dated February 17, 2015. In
conducting the review, the Secretary shall take into account
information and data points provided by State governors and
State adjutant generals in assessing the efficiency and
effectiveness of accessing Department of Defense issued
unmanned aircraft systems for State and National Guard
operations.
(b) Submittal to Congress.--Not later than 30 days after
the completion of the review required by subsection (a), the
Secretary shall submit the review to the Committees on Armed
Services of the Senate and House of Representatives.
SEC. 1085. SENSE OF CONGRESS REGARDING AIRCRAFT CARRIERS.
(a) Findings.--Congress makes the following findings:
(1) Naval aviation was born in the United States
when Eugene Ely launched from the deck of a United
States Navy ship on November 14, 1910, in a Curtiss
Model D.
(2) In 1915, Cpt. Henry C. Mustin made the first
catapult launch aboard a ship underway in a Curtiss
Model AB-2, beginning a century of technological
advancements that have led to today's Electromagnetic
Aircraft Launch System.
(3) In 1924, Lt. Dixie Kiefer made the first night
catapult launch in a Vought UO-1 in San Diego harbor.
(4) The first nuclear-powered aircraft carrier, USS
Enterprise (CVN 65), was commissioned in 1961, ushering
in a new era of the world's most dominant and capable
warships.
(5) In 2013, aircraft carrier USS George Washington
(CVN 73) provided humanitarian assistance, medical
supplies, food, and water to the victims in the
Republic of the Philippines of Super Typhoon Haiyan,
once again demonstrating the versatility of aircraft
carriers for combat, diplomatic, and humanitarian
operations.
(6) In 2017, the first of the next generation of
aircraft carriers, USS Gerald R. Ford (CVN 78), was
commissioned, marking a continuation of the innovative
naval aviation spirit, technological advancement, and
war fighting capabilities of aircraft carriers.
(7) For over 70 years, aircraft carriers have been
employed in every major and many smaller conflicts,
including World War II, Korea, Vietnam, Grenada,
Lebanon, Libya, Operation Desert Storm, Afghanistan,
Iraq, and the fight against terrorism.
(8) The United States Navy's aircraft carriers are
a cornerstone of the Nation's ability to project its
power and strength.
(9) When aircraft carriers sail the globe they are
a statement of national purpose and a symbol of the
Nation's industrial strength, competitive edge, and
economic prosperity.
(10) Aircraft carriers are 4.5 acres of sovereign
United States territory enabling the Nation to reduce
its dependency on other nations while it pursues its
national security interests.
(11) Aircraft carriers enable the United States
Armed Forces to carry out operations from international
waters, often obviating the need to obtain fly-over
rights and land-base rights from other nations.
(12) Aircraft carriers are modern, mobile United
States military bases complete with airfield, hospital,
and communications systems from which the United States
can strike at its enemies.
(13) Over 90 percent of world trade is moved by
sea, including much of the world's gas and oil supply,
and aircraft carriers patrol vital regions of the world
to keep shipping lanes open and protect the interests
of the United States and its allies.
(14) There are more than 2,450 companies in 48
States and over 364 congressional districts, and more
than 13,100 shipbuilders, who proudly contribute to the
construction and maintenance of these complex and
technologically advanced ships.
(15) Thousands of members of the United States
Armed Forces have served the Nation aboard aircraft
carriers in war, peace, and times of crisis.
(b) Sense of Congress.--It is the sense of Congress that--
(1) United States aircraft carriers are premier
sea-based power projection platforms and have served
the Nation's interests in times of war and peace,
adapting to the immediate and ever-changing nature of
the world for over 90 years; and
(2) aircraft carrier contributions and heritage
should be celebrated.
SEC. 1086. SENSE OF CONGRESS RECOGNIZING THE UNITED STATES NAVY
SEABEES.
(a) Findings.--Congress makes the following findings:
(1) On March 5, 1942, Navy Construction Force
personnel, known as the ``Seabees'', were officially
established by the Navy Department.
(2) The purpose of the Navy Seabees is to build,
maintain, and support base infrastructure in remote
locations for the Navy and Marine Corps, while
simultaneously being capable of engaging in combat
operations.
(3) The Navy Seabees dual-role is exemplified by
the Seabee motto Construimus, Batuimus: We Build, We
Fight.
(4) Throughout their history, the Navy Seabees have
answered the call of duty to protect the United States
and its democratic values both in times of war and
peace.
(5) The Navy Seabees support United States national
security at Navy fleet and combatant commands
worldwide, through the construction, both on land and
underwater, of bases, airfields, roads, bridges, and
other infrastructure.
(6) The Navy Seabees and their families have
demonstrated unmatched courage and dedication to
sacrifice for the United States, from service in World
War II, Korea, and Vietnam to the recent conflicts in
Afghanistan, Iraq, and elsewhere.
(7) The Navy Seabees exhibit honor, personal
courage, and commitment as they sacrifice their
personal comfort to keep the United States safe from
threats.
(8) The Navy Seabees continue to display strength,
professionalism, and bravery in the all-volunteer
force.
(b) Sense of Congress.--Congress recognizes the United
States Navy Seabees and the Navy personnel who comprise the
construction force for the Navy and the Marine Corps as
critical elements in deterring conflict, overcoming aggression,
and rebuilding democratic institutions.
SEC. 1087. CONSTRUCTION OF MEMORIAL TO THE CREW OF THE APOLLO I LAUNCH
TEST ACCIDENT AT ARLINGTON NATIONAL CEMETERY.
Subject to applicable requirements of section 2409(b)(2)(E)
of title 38, United States Code, the Secretary of the Army, in
consultation with the Administrator of the National Aeronautics
and Space Administration, the Commission of Fine Arts, and the
Advisory Committee on Arlington National Cemetery, shall
authorize the construction, at an appropriate place in
Arlington National Cemetery, Virginia, of a memorial marker
honoring the three members of the crew of the Apollo I who died
during a launch rehearsal test on January 27, 1967, in Cape
Canaveral, Florida. The memorial may not be constructed in a
location that is otherwise suitable as an interment site.
SEC. 1088. DEPARTMENT OF DEFENSE ENGAGEMENT WITH COVERED NON-FEDERAL
ENTITIES.
(a) Review of Current Guidance.--Not later than 120 days
after the date of the enactment of this Act, the Secretary of
Defense and the Secretary of State shall jointly conduct a
review of the guidance of the Department of Defense applicable
to Department of Defense engagements with covered non-Federal
entities.
(b) Additional Guidance.--If the Secretary of Defense and
the Secretary of State determine pursuant to the review under
subsection (a) that additional guidance is required in
connection with Department of Defense engagements with covered
non-Federal entities, the Secretary of Defense, with the
concurrence of the Secretary of State, shall, by not later than
180 days after the date of the enactment of this Act, issue
such additional guidance as the Secretaries consider
appropriate in light of the review. Any such additional
guidance shall be consistent with--
(1) applicable law, as in effect on the date of the
enactment of this Act;
(2) Department of Defense guidance with respect to
solicitation and preferential treatment, as in effect
on the date of the enactment of this Act, including
such guidance specified in the Department of Defense
Joint Ethics Regulations; and
(3) the principle that the Department of State and
the United States Agency for International Development
are the principal United States agencies with primary
responsibility for providing and coordinating
humanitarian and economic assistance.
(c) Briefing.--Not later than 150 days after the date of
the enactment of this Act, the Secretary of Defense and the
Secretary of State shall jointly provide to the Committees on
Armed Services of the Senate and the House of Representatives,
the Committee on Foreign Relations of the Senate, and the
Committee on Foreign Affairs of the House of Representatives a
briefing on the findings of the review required under
subsection (a).
(d) Covered Non-Federal Entity Defined.--In this section,
the term ``covered non-Federal entity'' means an organization
that--
(1) is based in the United States;
(2) has an independent board of directors and is
subject to independent financial audits;
(3) is substantially privately-funded;
(4) is described in section 501(c)(3) of the
Internal Revenue Code of 1986 and is exempt from
taxation under section 501(a) of such Code;
(5) provides international assistance; and
(6) has a stated mission of supporting United
States military missions abroad.
SEC. 1089. PRIZE COMPETITION TO IDENTIFY ROOT CAUSE OF PHYSIOLOGICAL
EPISODES ON NAVY, MARINE CORPS, AND AIR FORCE
TRAINING AND OPERATIONAL AIRCRAFT.
(a) In General.--Under the authority of section 2374a of
title 10, United States Code, and section 24 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719), the
Secretary of Defense, in consultation with the Secretary of the
Navy, the Secretary of the Air Force, the Commandant of the
Marine Corps, and the heads of any other appropriate Federal
agencies that have experience in prize competitions, and when
appropriate, in coordination with private organizations, may
establish a prize competition designed to accelerate
identification of the root cause or causes of, or find
solutions to, physiological episodes experienced in Navy,
Marine Corps, and Air Force training and operational aircraft.
(b) Evaluation of Personnel.--The Secretary of Defense, or
the Secretary's designee, shall select the person or persons to
conduct the competition authorized in subsection (a) and
evaluate any submissions.
(c) Limitation.--The Secretary of Defense may not exercise
the authority under subsection (a) before the date that is 15
days after the date on which the Secretary of Defense submits
to congressional defense committees certification in writing
that the use of the authority will not compromise classified
information, proprietary information, or intellectual property.
SEC. 1090. PROVIDING ASSISTANCE TO HOUSE OF REPRESENTATIVES IN RESPONSE
TO CYBERSECURITY EVENTS.
(a) Provision of Assistance.--If the Speaker of the House
of Representatives (or the Speaker's designee), with the
concurrence of the Minority Leader of the House of
Representatives (or the Minority Leader's designee), determines
that a cybersecurity event has occurred and that containing,
mitigating, or resolving the event exceeds the resources of the
House of Representatives, then notwithstanding any other
provision of law or any rule, regulation, or executive order--
(1) the Speaker may request assistance in
responding to the event from the head of any Executive
department, military department, or independent
establishment;
(2) not later than 24 hours after receiving the
request, the head of the department or establishment
shall begin to provide appropriate assistance in
response to the incident, including (if necessary)
restoring the information systems of the House to an
operational state which allows for the continuation of
the legislative process and for Members, officers, and
employees of the House to continue to meet their
official and representational duties; and
(3) such assistance shall be provided without
reimbursement by the House of Representatives.
(b) Scope of Assistance.--
(1) In general.--The assistance provided to the
Speaker by the head of a department or establishment
under this section may consist only of a type that the
head of the department or establishment is authorized
under law to provide to the department or
establishment, another Executive department, military
department, or independent establishment, or a private
entity.
(2) Connections between department or establishment
and house information systems.--In providing assistance
under this section--
(A) personnel of a department or
establishment may not log onto the information
systems of the House without the authorization
of the Speaker (or the Speaker's designee); and
(B) personnel of a department or
establishment may provide the House with access
to technological support services of the
department or establishment, including by
authorizing personnel or systems of the House
to connect with and operate services or
programs of the department or establishment
with guidance from subject matter experts of
the department or establishment.
(c) Termination of Assistance.--
(1) Termination upon notice from speaker.--After
initiating assistance under this section, the head of
the department or establishment shall continue
providing assistance until the Speaker (or Speaker's
designee) notifies the head of the department or
establishment that the cybersecurity incident has
terminated and that it is no longer necessary for the
department or establishment to provide post-incident
assistance.
(2) Removal of technological support services.--
Upon receiving notice from the Speaker under paragraph
(1), the head of the department or establishment shall
ensure that any technological support services or
programs of the department or establishment are removed
from the information systems of the House, and that
personnel of the department or establishment are no
longer monitoring such systems.
(d) Compliance With Existing Standards.--In providing
assistance under this section, the head of the Executive
department, military department, or independent establishment
shall meet the requirements of section 113 of the Legislative
Branch Appropriations Act, 2017 (Public Law 115-31).
(e) No Effect on Other Authority to Provide Support.--
Nothing in this section may be construed to affect the
authority of an Executive department, military department, or
independent establishment to provide any support, including
cybersecurity support, to the House of Representatives under
any other law, rule, or regulation.
(f) Definitions.--In this section, each of the terms
``Executive department'', ``military department'', and
``independent establishment'' has the meaning given such term
in chapter 1 of title 5, United States Code.
SEC. 1091. TRANSFER OF SURPLUS FIREARMS TO CORPORATION FOR THE
PROMOTION OF RIFLE PRACTICE AND FIREARMS SAFETY.
(a) Transfer Requirement.--
(1) In general.--During fiscal years 2018 and 2019,
the Secretary of the Army shall transfer surplus
caliber .45 M1911/M1911A1 pistols described in
paragraph (2) to the Corporation for the Promotion of
Rifle Practice and Firearms Safety in accordance with
this section.
(2) Pistols described.--The pistols described in
this paragraph are surplus caliber .45 M1911/M1911A1
pistols and spare parts and related accessories for
those pistols that, on the date of the enactment of
this section, are under the control of the Secretary
and are surplus to the requirements of the Department
of the Army.
(3) Number to be transferred.--
(A) Total number.--For any fiscal year, a
total of not more than 10,000 surplus caliber
.45 M1911/M1911A1 pistols may be transferred to
the Corporation under this section and section
40728 of title 36, United States Code.
(B) Fiscal year 2018.--For fiscal year
2018, not less than 8,000 surplus caliber .45
M1911/M1911A1 pistols shall be transferred to
the Corporation pursuant to this section.
(4) Terms of transfers.--Subsections (b), (c), (d),
(e), and (g) of section 40728 of title 36, United
States Code, shall apply to a transfer under this
section in the same manner such subsections apply to
transfers of firearms under such section 40728.
(5) Other requirements.--Except as provided in
subsection (b)(1), subchapter II of chapter 407 of
title 36, United States Code, shall apply with respect
to firearms transferred under this section.
(b) Suspension of Discretionary Transfer Authority.--
(1) In general.--During the period described in
paragraph (2), the Secretary of the Army may only
transfer surplus caliber .45 M1911/M1911A1 pistols to
the Corporation under the authority of this section and
may not transfer such pistols to such Corporation under
section 40728 of title 36, United States Code.
(2) Period described.--The period described in this
paragraph is the period beginning on the date of the
enactment of this Act and ending on the earlier of the
following dates:
(A) The date that is 60 days after the date
of the enactment of the National Defense
Authorization Act for Fiscal Year 2020.
(B) June 1, 2020.
(c) Conforming Repeal of Pilot Program for Transfer of
Pistols.--Section 1087 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1012) is
amended by striking subsections (b) and (c).
(d) Reports on Transfers.--
(1) In general.--For each fiscal year during which
the Secretary transfers surplus caliber .45 M1911/
M1911A1 pistols under subsection (a), the Secretary
shall submit to Congress a report detailing the
transfer and sale of such pistols during such fiscal
year. A report under this paragraph for a fiscal year
shall be submitted not later than 5 days after the
budget of the President for the subsequent fiscal year
is submitted to Congress under section 1105 of title
31, United States Code.
(2) Contents of report.--Each report submitted
under paragraph (1) shall include, for the fiscal year
covered by the report--
(A) the number of surplus caliber .45
M1911/M1911A1 pistols transferred to the
Corporation under subsection (a);
(B) the number of such pistols sold by the
Corporation; and
(C) to the extent feasible based on the
information available to the Secretary,
information on any crimes committed using any
such pistols transferred to or sold by the
Corporation.
(e) Evaluation of Corporation.--
(1) In general.--Not later than 30 days after the
date of the enactment of this Act, the Secretary of the
Army shall enter into an agreement with a Federally
funded research and development center with relevant
expertise to conduct an evaluation of the Corporation
for the Promotion for Rifle Practice and Firearms
Safety for the purpose of assessing future transfers of
excess firearms to the Corporation.
(2) Elements.--The evaluation required under
paragraph (1) shall include the following elements:
(A) An assessment of the effectiveness of
the Civilian Marksmanship Program, including an
examination of the functions and activities of
the Program, as described in section 40722 of
title 36, United States Code, that support the
mission of the Program.
(B) A comparison the Civilian Marksmanship
Program to similar organizations that offer
instruction in marksmanship, firearm practice
and safety, and opportunities for marksmanship
competitions.
(C) An evaluation of benefits the Army
receives from the Civilian Marksmanship Program
relative to the resources the Army provides to
the Program.
(D) An assessment of present and
prospective funding models to support a
transition to self-sustainment, including
opportunities for non-Federal resources.
(E) An assessment of the costs and profits
associated with the transfer of excess firearms
from the Army to the Civilian Marksmanship
Program (including the costs associated with
the storage, inspection, and, refurbishment of
such firearms), which shall be determined with
respect to surplus caliber .45 M1911/M1911A
pistols using data from a minimum of 8,000
sales transactions.
(F) Any other matters the Secretary
determines appropriate.
(3) Report to congress.--The Secretary shall submit
to the congressional defense committees a report on the
results of the evaluation by not later than January 1,
2019, and shall provide interim briefings upon request.
(f) Comptroller General Reviews.--
(1) Concurrent review of corportion.--
(A) In general.--At the same time as the
Federally funded research and development
center conducts the evaluation under subsection
(d), the Comptroller General shall conduct a
review of the Corporation for the Promotion for
Rifle Practice and Firearms Safety.
(B) Elements.--The review required under
paragraph (1) shall include the following
elements:
(i) A review of whether the
procedures relating to sales of surplus
caliber .45 M1911/M1911A pistols
covered by the evaluation were
conducted in accordance with applicable
Federal laws.
(ii) A review of the business
operations of the Civilian Marksmanship
Program in comparison to the business
operations of other Federally chartered
organizations.
(iii) An evaluation of any
authorities or agreements governing the
relationship between the Army and the
Program.
(iv) An assessment of the financial
operations of the Civilian Marksmanship
Program, including how the Program's
endowment is funded by the proceeds
from sales of excess weapons
transferred to the Program from the
Army.
(v) An assessment of the costs and
profits associated with the transfer of
excess firearms from the Army to the
Civilian Marksmanship Program, which
shall be determined with respect to
surplus caliber .45 M1911/M1911A1
pistols using data from a minimum of
8,000 sales transactions.
(vi) Any other matters the
Comptroller General determines are
relevant.
(C) Report to congress.--The Comptroller
General shall submit to the congressional
defense committees a report on the review
required by subparagraph (A) by not later than
January 1, 2019.
(2) Review of ffrdc report.--
(A) In general.--The Comptroller General
shall conduct a review of the report submitted
under subsection (d)(3).
(B) Briefing.--Not later than 60 days after
the Secretary of the Army submits the report
required under subsection (d)(3), the
Comptroller General shall provide to the
congressional defense committees a briefing on
the preliminary results of the review required
by paragraph (1).
(C) Report.--Not later than 120 days after
the Secretary submits such report, the
Comptroller General shall submit to the
congressional defense committees a report
containing the findings and recommendations of
the Comptroller General pursuant to the review
required by paragraph (1).
SEC. 1092. COLLABORATION BETWEEN FEDERAL AVIATION ADMINISTRATION AND
DEPARTMENT OF DEFENSE ON UNMANNED AIRCRAFT SYSTEMS.
(a) Collaboration.--
(1) In general.--The Administrator of the Federal
Aviation Administration and the Secretary of Defense
may collaborate on sense-and-avoid capabilities for
unmanned aircraft systems.
(2) Elements.--The collaboration described in
paragraph (1) may include, as appropriate, the
following:
(A) Sharing information on safely
integrating unmanned aircraft systems and
manned aircraft in the national airspace
system.
(B) The development of civil standards,
policies, and procedures for the Federal
Aviation Administration for integrating
unmanned aircraft systems in the national
airspace system by leveraging the historical
and current testing, training, and operational
experiences of the Department of Defense,
particularly the Air Force, of unmanned flight
operations
(C) Informing stakeholders about--
(i) the development of airborne and
ground-based sense-and-avoid
capabilities for unmanned aircraft
systems; and
(ii) research and development on
unmanned aircraft systems, especially
with respect to matters involving human
factors, information assurance, and
security.
(b) Participation by FAA in DOD Activities.--
(1) In general.--The Administrator of the Federal
Aviation Administration may participate, and provide
assistance to the Secretary of Defense for activities
during the test and evaluation efforts of the
Department of Defense, including the Air Force,
relating to airborne and ground-based sense-and-avoid
capabilities for unmanned aircraft systems.
(2) Participation through test sites.--
Participation under paragraph (1) may include provision
of assistance through Department of Defense unmanned
aircraft systems test sites or a Federal Aviation
Administration test range.
(c) Definitions.--In this section, the terms ``unmanned
aircraft system'' and ``test range'' have the meaning given
such terms in section 331 of the FAA Modernization and Reform
Act of 2012 (Public Law 112-95; 49 U.S.C. 40101 note).
(d) Restoration of Rules for Registration and Marking of
Unmanned Aircraft.--The rules adopted by the Administrator of
the Federal Aviation Administration in the matter of
registration and marking requirements for small unmanned
aircraft (FAA-2015-7396; published on December 16, 2015) that
were vacated by the United States Court of Appeals for the
District of Columbia Circuit in Taylor v. Huerta (No. 15-1495;
decided on May 19, 2017) shall be restored to effect on the
date of enactment of this Act.
SEC. 1093. CARRIAGE OF CERTAIN PROGRAMMING.
(a) Definitions.--In this section--
(1) the term ``local commercial television
station'' has the meaning given the term in section
614(h) of the Communications Act of 1934 (47 U.S.C.
534(h));
(2) the term ``multichannel video programming
distributor'' has the meaning given the term in section
602 of the Communications Act of 1934 (47 U.S.C. 522);
(3) the term ``qualified noncommercial educational
television station'' has the meaning given the term in
section 615(l) of the Communications Act of 1934 (47
U.S.C. 535(l));
(4) the term ``retransmission consent'' means the
authority granted to a multichannel video programming
distributor under section 325(b) of the Communications
Act of 1934 (47 U.S.C. 325(b)) to retransmit the signal
of a television broadcast station; and
(5) the term ``television broadcast station'' has
the meaning given the term in section 76.66(a) of title
47, Code of Federal Regulations.
(b) Carriage of Certain Content.--Notwithstanding any other
provision of law, a multichannel video programming distributor
may not be directly or indirectly required, including as a
condition of obtaining retransmission consent, to--
(1) carry non-incidental video content from a local
commercial television station, qualified noncommercial
educational television station, or television broadcast
station to the extent that such content is owned,
controlled, or financed (in whole or in part) by the
Government of the Russian Federation; or
(2) lease, or otherwise make available, channel
capacity to any person for the provision of video
programming that is owned, controlled, or financed (in
whole or in part) by the Government of the Russian
Federation.
(c) Rule of Construction.--Nothing in this section may be
construed as applying to the editorial use by a local
commercial television station, qualified noncommercial
educational television station, or television broadcast station
of programming that is owned, controlled, or financed (in whole
or in part) by the Government of the Russian Federation.
SEC. 1094. NATIONAL STRATEGY FOR COUNTERING VIOLENT EXTREMISM.
(a) Strategy Required.--
(1) In general.--Not later than June 1, 2018, the
President shall submit to the appropriate committees of
Congress a report on a comprehensive, interagency
national strategy for countering violent extremism.
(2) Elements.--The comprehensive, interagency
national strategy required by paragraph (1) shall
include the following elements:
(A) Identification of the interagency tools
for combating and countering violent extremism,
including--
(i) countering violent extremist
messaging and ideological support;
(ii) combating violent extremist
financing, intelligence gathering, and
cooperation;
(iii) law enforcement activities,
sanctions, counterterrorism, and
counterintelligence activities;
(iv) support to civil-society
groups, commercial entities, allies,
and counter radicalization activities;
and
(v) support by the Armed Forces of
the United States to combat violent
extremism.
(B) Use of, coordination with, or liaison
to international partners, non-governmental
organizations, or commercial entities that
support United States policy goals in
countering violent extremist ideologies and
organizations.
(C) Synchronization processes for the use
of interagency tools to combat violent
extremism, including the roles and
responsibilities of the Global Engagement
Center, as well as the National Security
Council in coordinating the interagency tools.
(D) Recommendations for improving
coordination between Federal Government
agencies, as well as with State, local,
international, and non-governmental entities.
(E) Other matters as the President
considers appropriate.
(b) Assessment.--Not later than one year after the date of
the submission of the strategy required by subsection (a), the
President shall submit to the appropriate committees of
Congress an assessment of the strategy, including--
(1) the status of implementation of the strategy;
(2) progress toward the achievement of benchmarks
or implementation of any recommendations; and
(3) any changes to the strategy since such
submission.
(c) Form.--The report and assessment required by this
section shall each be submitted in unclassified form, but may
include a classified annex.
(d) Appropriate Committees of Congress.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committees on Foreign Relations, Armed
Services, Appropriations, Homeland Security and
Governmental Affairs, and the Judiciary and the Select
Committee on Intelligence of the Senate; and
(2) the Committees on Foreign Affairs, Armed
Services, Appropriations, Homeland Security, and the
Judiciary and the Permanent Select Committee on
Intelligence of the House of Representatives.
SEC. 1095. SENSE OF CONGRESS REGARDING WORLD WAR I.
(a) Findings.--Congress makes the following findings:
(1) The United States declared war against Germany
on April 6, 1917, to redress wrongs, including
Germany's resumption of unrestricted submarine warfare,
violation of United States neutrality, meddling in
Mexican affairs, and denial of freedom of the seas to
nonbelligerent nations.
(2) The United States associated itself with the
allied powers of the United Kingdom and its
Commonwealth, France and its colonies, Russia, Italy,
and Japan to defeat the German Empire.
(3) The United States Army, consisting of the
Regular Army, National Guard, and Reserve Corps, with
the addition of volunteers and the draftees of the
National Army, underwent a transformation from a
frontier constabulary and coastal defense force to a
modern land warfare force.
(4) Early 20th century military and technological
advances resulted in the incorporation of motor
transport, aviation, anti-aircraft artillery, tanks,
chemical weapons, submarines and anti-submarine
warfare, underwater mines, and other innovations into
the military arsenal of the United States.
(5) The need to quickly build a military strength
of four million soldiers and half a million sailors
required the mobilization of the human resources of the
United States, during which members of diverse ethnic
groups, races, and creeds, both native-born and
immigrant, forged a new American identity.
(6) The United States Army maintained its defense
of American seacoasts, southern border, and overseas
possessions, while the Army American Expeditionary
Forces arrived in Europe in June 1917 and deployed for
combat operations in October.
(7) By the end of World War I, almost 2,000,000
members of the Army served overseas in the American
Expeditionary Forces.
(8) During World War I, the United States Navy
increased in strength from approximately 67,000 sailors
and marines to approximately 500,000 sailors and
marines by the war's end, and the size of the Navy
increased from around 200 ships at the outbreak of war
in Europe in 1914, to 342 vessels by the time the
United States entered the war, and 774 vessels by the
day of the Armistice
(9) The Navy operated in the Atlantic and Pacific
Oceans, and the North and Mediterranean Seas in
cooperation with allied navies.
(10) The Navy began the fight against the German U-
boat menace by first dispatching 34 destroyers
stationed specifically for such purpose, which by war's
end grew to 110 total destroyers
(11) Navy vessels escorted troop transports
carrying 1,250,000 passengers and escorted supply
transports carrying 27 percent of all cargo shipped to
Europe.
(12) The Navy deployed five batteries of large-
caliber battleship guns mounted on railroad trains to
France for service as long-range artillery for the
Army.
(13) The United States Coast Guard transferred to
the operational control of the Navy and augmented that
service with officers and sailors, vessels of all
types, and shore stations.
(14) The United States Marine Corps, with an
eventual wartime strength of 53,000 officers and men,
detached the 5th and 6th regiments and a machine gun
battalion to constitute an infantry brigade integrated
into the Army's 2d Division for service in France.
(15) On July 4, 1917, Colonel Charles E. Stanton,
one of the officers on the staff of General John
Pershing, commander of the American Expeditionary
Forces in Europe, famously announced the commitment of
the United States to the fight when Colonel Stanton
proclaimed upon his arrival in France, ``Lafayette, we
are here!''.
(16) Whereas the American Expeditionary Forces
formed three field armies, nine corps and 43 divisions,
plus various units of the Services of Supply.
(17) The American Expeditionary Forces suffered
255,000 casualties and over 50,000 non-battle
casualties while participating in 13 named campaigns in
World War I.
(18) Participation in World War I resulted in the
completion of a period of reform and professionalism
that transformed the Armed Forces from a small
dispersed organization to a modern industrialized
fighting force capable of global reach and influence.
(b) Sense of Congress.--Congress--
(1) honors the memory of the fallen heroes who wore
the uniform of the United States Armed Forces during
World War I;
(2) commends the Unites States Armed Forces for
preserving and protecting the interests of the United
States during World War I;
(3) commends the brave members of the United States
Armed Forces for their courage while preserving the
founding principles of the United States at home and
abroad during World War I;
(4) commends the brave members of the United States
Armed Forces for preserving and protecting the sea
lanes of commerce and communications during World War I
that ensured the continued prosperity of the United
States;
(5) celebrates and congratulates the United States
Army, Navy, Marine Corps, Air Force, and Coast Guard
during the commemoration of the centennial of World War
I for a job well done; and
(6) calls on all people of the United States to
join in the commemoration of the centennial of World
War I in events throughout the United States and
overseas.
SEC. 1096. NOTICE TO CONGRESS OF TERMS OF DEPARTMENT OF DEFENSE
SETTLEMENT AGREEMENTS.
(a) Request of Settlement Agreements.--At the request of
the Chairman, in coordination with the Ranking Member, of the
Committee on Armed Services of the Senate or the House of
Representatives or the Chairman, in coordination with the
Ranking Member, of the Committee on Appropriations of the
Senate or the House of Representatives, the Secretary of
Defense shall make available (in an appropriate manner with
respect to classified or other protected information) to the
Chairman and Ranking Member of the requesting committee a
settlement agreement (including a consent decree) in any civil
action in a court of competent jurisdiction involving the
Department of Defense, a military department, or a Defense
Agency.
(b) Provision of Settlement Agreements.--The Secretary
shall take all necessary steps to ensure the settlement
agreement is provided to the Chairman and Ranking Member of the
requesting committee, including by making any necessary
requests to a court with competent jurisdiction over the
settlement.
SEC. 1097. OFFICE OF SPECIAL COUNSEL REAUTHORIZATION.
(a) Adequate Access of Special Counsel to Information.--
Section 1212(b) of title 5, United States Code, is amended by
adding at the end the following:
``(5)(A) Except as provided in subparagraph (B), the
Special Counsel, in carrying out this subchapter, is authorized
to--
``(i) have timely access to all records, data,
reports, audits, reviews, documents, papers,
recommendations, or other material available to the
applicable agency that relate to an investigation,
review, or inquiry conducted under--
``(I) section 1213, 1214, 1215, or 1216 of
this title; or
``(II) section 4324(a) of title 38;
``(ii) request from any agency the information or
assistance that may be necessary for the Special
Counsel to carry out the duties and responsibilities of
the Special Counsel under this subchapter; and
``(iii) require, during an investigation, review,
or inquiry of an agency, the agency to provide to the
Special Counsel any record or other information that
relates to an investigation, review, or inquiry
conducted under--
``(I) section 1213, 1214, 1215, or 1216 of
this title; or
``(II) section 4324(a) of title 38.
``(B)(i) The authorization of the Special Counsel under
subparagraph (A) shall not apply with respect to any entity
that is an element of the intelligence community, as defined in
section 3 of the National Security Act of 1947 (50 U.S.C.
3003), unless the Special Counsel is investigating, or
otherwise carrying out activities relating to the enforcement
of, an action under subchapter III of chapter 73.
``(ii) An Inspector General may withhold from the Special
Counsel material described in subparagraph (A) if the Inspector
General determines that the material contains information
derived from, or pertaining to, intelligence activities.
``(iii) The Attorney General or an Inspector General may
withhold from the Special Counsel material described in
subparagraph (A) if--
``(I)(aa) disclosing the material could reasonably
be expected to interfere with a criminal investigation
or prosecution that is ongoing as of the date on which
the Special Counsel submits a request for the material;
or
``(bb) the material--
``(AA) may not be disclosed pursuant to a
court order; or
``(BB) has been filed under seal under
section 3730 of title 31; and
``(II) the Attorney General or the Inspector
General, as applicable, submits to the Special Counsel
a written report that describes--
``(aa) the material being withheld; and
``(bb) the reason that the material is
being withheld.
``(C)(i) A claim of common law privilege by an agency, or
an officer or employee of an agency, shall not prevent the
Special Counsel from obtaining any material described in
subparagraph (A)(i) with respect to the agency.
``(ii) The submission of material described in subparagraph
(A)(i) by an agency to the Special Counsel may not be deemed to
waive any assertion of privilege by the agency against a non-
Federal entity or against an individual in any other
proceeding.
``(iii) With respect to any record or other information
made available to the Special Counsel by an agency under
subparagraph (A), the Special Counsel may only disclose the
record or information for a purpose that is in furtherance of
any authority provided to the Special Counsel under this
subchapter.
``(6) The Special Counsel shall submit to the Committee on
Homeland Security and Governmental Affairs of the Senate, the
Committee on Oversight and Government Reform of the House of
Representatives, and each committee of Congress with
jurisdiction over the applicable agency a report regarding any
case of contumacy or failure to comply with a request submitted
by the Special Counsel under paragraph (5)(A).''.
(b) Information on Whistleblower Protections.--
(1) Agency responsibilities.--
(A) Repeal.--Section 2307 of chapter 23 of
title 5, United States Code, and the item
related to such section in the table of
sections for such chapter, is repealed.
(B) Information on whistleblower
protections.--Section 2302 of title 5, United
States Code, is amended by--
(i) redesignating subsections (c),
(d), and (e) as subsections (d), (e),
and (f), respectively; and
(ii) by inserting after subsection
(b) the following:
``(c)(1) In this subsection--
``(A) the term `new employee' means an individual--
``(i) appointed to a position as an
employee on or after the date of enactment of
this subsection; and
``(ii) who has not previously served as an
employee; and
``(B) the term `whistleblower protections' means
the protections against and remedies for a prohibited
personnel practice described in paragraph (8) or
subparagraph (A)(i), (B), (C), or (D) of paragraph (9)
of subsection (b).
``(2) The head of each agency shall be responsible for--
``(A) preventing prohibited personnel practices;
``(B) complying with and enforcing applicable civil
service laws, rules, and regulations and other aspects
of personnel management; and
``(C) ensuring, in consultation with the Special
Counsel and the Inspector General of the agency, that
employees of the agency are informed of the rights and
remedies available to the employees under this chapter
and chapter 12, including--
``(i) information with respect to
whistleblower protections available to new
employees during a probationary period;
``(ii) the role of the Office of Special
Counsel and the Merit Systems Protection Board
with respect to whistleblower protections; and
``(iii) the means by which, with respect to
information that is otherwise required by law
or Executive order to be kept classified in the
interest of national defense or the conduct of
foreign affairs, an employee may make a lawful
disclosure of the information to--
``(I) the Special Counsel;
``(II) the Inspector General of an
agency;
``(III) Congress; or
``(IV) another employee of the
agency who is designated to receive
such a disclosure.
``(3) The head of each agency shall ensure that the
information described in paragraph (2) is provided to each new
employee of the agency not later than 180 days after the date
on which the new employee is appointed.
``(4) The head of each agency shall make available
information regarding whistleblower protections applicable to
employees of the agency on the public website of the agency and
on any online portal that is made available only to employees
of the agency, if such portal exists.
``(5) Any employee to whom the head of an agency delegates
authority for any aspect of personnel management shall, within
the limits of the scope of the delegation, be responsible for
the activities described in paragraph (2).''.
(2) Information on appeal rights.--
(A) In general.--Any notice provided to an
employee under section 7503(b)(1), section
7513(b)(1), or section 7543(b)(1) of title 5,
United States Code, shall include detailed
information with respect to--
(i) the right of the employee to
appeal an action brought under the
applicable section;
(ii) the forums in which the
employee may file an appeal described
in clause (i); and
(iii) any limitations on the rights
of the employee that would apply
because of the forum in which the
employee decides to file an appeal.
(B) Development of information.--The
information described in subparagraph (A) shall
be developed by the Director of the Office of
Personnel Management, in consultation with the
Special Counsel, the Merit Systems Protection
Board, and the Equal Employment Opportunity
Commission.
(3) Technical and conforming amendments.--
(A) Section 4505a(b)(2) of title 5, United
States Code, is amended by striking ``section
2302(c)'' and inserting ``section 2302(d)''.
(B) Section 5755(b)(2) of title 5, United
States Code, is amended by striking ``section
2302(c)'' and inserting ``section 2302(d)''.
(C) Section 110(b)(2) of the Whistleblower
Protection Enhancement Act of 2012 (5 U.S.C.
2302 note) is amended by striking ``section
2302(e)(1) or (2)'' and inserting ``section
2302(f)(1) or (2)''.
(D) Section 1217(d)(3) of the Panama Canal
Act of 1979 (22 U.S.C. 3657(d)(3)) is amended
by striking ``section 2302(c)'' and inserting
``section 2302(d)''.
(E) Section 1233(b) of the Panama Canal Act
of 1979 (22 U.S.C. 3673(b)) is amended by
striking ``section 2302(c)'' and inserting
``section 2302(d)''.
(c) Additional Whistleblower Provisions.--
(1) Prohibited personnel practices.--Section 2302
of title 5, United States Code, is amended--
(A) in subsection (b)(9)(C), by inserting
``(or any other component responsible for
internal investigation or review)'' after
``Inspector General''; and
(B) in subsection (f)--
(i) in paragraph (1)--
(I) in subparagraph (E), by
striking ``or'' at the end;
(II) by redesignating
subparagraph (F) as
subparagraph (G); and
(III) by inserting after
subparagraph (E) the following:
``(F) the disclosure was made before the
date on which the individual was appointed or
applied for appointment to a position; or'';
and
(ii) by striking paragraph (2) and
inserting the following:
``(2) If a disclosure is made during the normal
course of duties of an employee, the principal job
function of whom is to regularly investigate and
disclose wrongdoing (referred to in this paragraph as
the `disclosing employee'), the disclosure shall not be
excluded from subsection (b)(8) if the disclosing
employee demonstrates that an employee who has the
authority to take, direct other individuals to take,
recommend, or approve any personnel action with respect
to the disclosing employee took, failed to take, or
threatened to take or fail to take a personnel action
with respect to the disclosing employee in reprisal for
the disclosure made by the disclosing employee.''.
(2) Explanations for failure to take action.--
Section 1213 of title 5, United States Code, is
amended--
(A) in subsection (b), by striking ``15
days'' and inserting ``45 days''; and
(B) in subsection (e)--
(i) in paragraph (1), by striking
``Any such report'' and inserting ``Any
report required under subsection (c) or
paragraph (5) of this subsection'';
(ii) by striking paragraph (2) and
inserting the following:
``(2) Upon receipt of any report that the head of
an agency is required to submit under subsection (c),
the Special Counsel shall review the report and
determine whether--
``(A) the findings of the head of the
agency appear reasonable; and
``(B) if the Special Counsel requires the
head of the agency to submit a supplemental
report under paragraph (5), the reports
submitted by the head of the agency
collectively contain the information required
under subsection (d).'';
(iii) in paragraph (3), by striking
``agency report received pursuant to
subsection (c) of this section'' and
inserting ``report submitted to the
Special Counsel by the head of an
agency under subsection (c) or
paragraph (5) of this subsection''; and
(iv) by adding at the end the
following:
``(5) If, after conducting a review of a report
under paragraph (2), the Special Counsel concludes that
the Special Counsel requires additional information or
documentation to determine whether the report submitted
by the head of an agency is reasonable and sufficient,
the Special Counsel may request that the head of the
agency submit a supplemental report--
``(A) containing the additional information
or documentation identified by the Special
Counsel; and
``(B) that the head of the agency shall
submit to the Special Counsel within a period
of time specified by the Special Counsel.''.
(3) Transfer requests during stays.--
(A) Priority granted.--Section 1214(b)(1)
of title 5, United States Code, is amended--
(i) by striking subparagraph (E);
and
(ii) by adding at the end the
following:
``(E) If the Board grants a stay under
subparagraph (A), the head of the agency
employing the employee who is the subject of
the action shall give priority to a request for
a transfer submitted by the employee.''.
(B) Probationary employees.--Section 1221
of title 5, United States Code, is amended--
(i) by striking subsection (k); and
(ii) by adding at the end the
following:
``(k) If the Board grants a stay under subsection (c) and
the employee who is the subject of the action is in
probationary status, the head of the agency employing the
employee shall give priority to a request for a transfer
submitted by the employee.''.
(4) Retaliatory investigations.--Section 1214 of
title 5, United States Code, is amended by adding at
the end the following:
``(i) The Special Counsel may petition the Board to order
corrective action, including fees, costs, or damages reasonably
incurred by an employee due to an investigation of the employee
by an agency, if the investigation by an agency was commenced,
expanded, or extended in retaliation for a disclosure or
protected activity described in section 2302(b)(8) or
subparagraph (A)(i), (B), (C), or (D) of section 2302(b)(9),
without regard to whether a personnel action, as defined in
section 2302(a)(2)(A), is taken.''.
(d) Protection of Whistleblowers as Criteria in Performance
Appraisals.--
(1) Establishment of systems.--Section 4302 of
title 5, United States Code, is amended--
(A) by redesignating subsections (b) and
(c) as subsections (c) and (d), respectively;
and
(B) by inserting after subsection (a) the
following:
``(b)(1) The head of each agency, in consultation with the
Director of the Office of Personnel Management and the Special
Counsel, shall develop criteria that--
``(A) the head of the agency shall use as a
critical element for establishing the job requirements
of a supervisory employee; and
``(B) promote the protection of whistleblowers.
``(2) The criteria required under paragraph (1) shall
include--
``(A) principles for the protection of
whistleblowers, such as the degree to which supervisory
employees--
``(i) respond constructively when employees
of the agency make disclosures described in
subparagraph (A) or (B) of section 2302(b)(8);
``(ii) take responsible actions to resolve
the disclosures described in clause (i); and
``(iii) foster an environment in which
employees of the agency feel comfortable making
disclosures described in clause (i) to
supervisory employees or other appropriate
authorities; and
``(B) for each supervisory employee--
``(i) whether the agency entered into an
agreement with an individual who alleged that
the supervisory employee committed a prohibited
personnel practice; and
``(ii) if the agency entered into an
agreement described in clause (i), the number
of instances in which the agency entered into
such an agreement with respect to the
supervisory employee.
``(3) In this subsection--
``(A) the term `agency' means any entity the
employees of which are covered under paragraphs (8) and
(9) of section 2302(b), without regard to whether any
other provision of this section is applicable to the
entity;
``(B) the term `prohibited personnel practice' has
the meaning given the term in section 2302(a)(1);
``(C) the term `supervisory employee' means an
employee who would be a supervisor, as defined in
section 7103(a), if the agency employing the employee
was an agency for purposes of chapter 71; and
``(D) the term `whistleblower' means an employee
who makes a disclosure described in section
2302(b)(8).''.
(2) Criteria for performance appraisals.--Section
4313 of title 5, United States Code, is amended--
(A) in paragraph (4), by striking ``and''
at the end;
(B) in paragraph (5), by striking the
period at the end and inserting ``; and''; and
(C) by adding at the end the following:
``(6) protecting whistleblowers, as described in
section 4302(b)(2).''.
(3) Annual report to congress on unacceptable
performance in whistleblower protection.--
(A) Definitions.--In this paragraph, the
terms ``agency'' and ``whistleblower'' have the
meanings given the terms in section 4302(b)(3)
of title 5, United States Code, as amended by
paragraph (1).
(B) Report.--Each agency shall annually
submit to the Committee on Homeland Security
and Governmental Affairs of the Senate, the
Committee on Oversight and Government Reform of
the House of Representatives, and each
committee of Congress with jurisdiction over
the agency a report that details--
(i) the number of performance
appraisals, for the year covered by the
report, that determined that an
employee of the agency failed to meet
the standards for protecting
whistleblowers that were established
under section 4302(b) of title 5,
United States Code, as amended by
paragraph (1);
(ii) the reasons for the
determinations described in clause (i);
and
(iii) each performance-based or
corrective action taken by the agency
in response to a determination under
clause (i).
(4) Technical and conforming amendment.--Section
4301 of title 5, United States Code, is amended, in the
matter preceding paragraph (1), by striking ``For the
purpose of'' and inserting ``Except as otherwise
expressly provided, for the purpose of''.
(e) Discipline of Supervisors Based on Retaliation Against
Whistleblowers.--
(1) In general.--Subchapter II of chapter 75 of
title 5, United States Code, is amended--
(A) by striking section 7515; and
(B) by adding at the end the following:
``Sec. 7515. Discipline of supervisors based on retaliation against
whistleblowers
``(a) Definitions.--In this section--
``(1) the term `agency'--
``(A) has the meaning given the term in
section 2302(a)(2)(C), without regard to
whether any other provision of this chapter is
applicable to the entity; and
``(B) does not include any entity that is
an element of the intelligence community, as
defined in section 3 of the National Security
Act of 1947 (50 U.S.C. 3003);
``(2) the term `prohibited personnel action' means
taking or failing to take an action in violation of
paragraph (8), (9), or (14) of section 2302(b) against
an employee of an agency; and
``(3) the term `supervisor' means an employee who
would be a supervisor, as defined in section 7103(a),
if the entity employing the employee was an agency.
``(b) Proposed Disciplinary Actions.--
``(1) In general.--Subject to section 1214(f), if
the head of the agency in which a supervisor is
employed, an administrative law judge, the Merit
Systems Protection Board, the Special Counsel, a judge
of the United States, or the Inspector General of the
agency in which a supervisor is employed has determined
that the supervisor committed a prohibited personnel
action, the head of the agency in which the supervisor
is employed, consistent with the procedures required
under paragraph (2)--
``(A) for the first prohibited personnel
action committed by the supervisor--
``(i) shall propose suspending the
supervisor for a period that is not
less than 3 days; and
``(ii) may propose an additional
action determined appropriate by the
head of the agency, including a
reduction in grade or pay; and
``(B) for the second prohibited personnel
action committed by the supervisor, shall
propose removing the supervisor.
``(2) Procedures.--
``(A) Notice.--A supervisor against whom an
action is proposed to be taken under paragraph
(1) is entitled to written notice that--
``(i) states the specific reasons
for the proposed action; and
``(ii) informs the supervisor about
the right of the supervisor to review
the material that is relied on to
support the reasons given in the notice
for the proposed action.
``(B) Answer and evidence.--
``(i) In general.--A supervisor who
receives notice under subparagraph (A)
may, not later than 14 days after the
date on which the supervisor receives
the notice, submit an answer and
furnish evidence in support of that
answer.
``(ii) No evidence furnished;
insufficient evidence furnished.--If,
after the end of the 14-day period
described in clause (i), a supervisor
does not furnish any evidence as
described in that clause, or if the
head of the agency in which the
supervisor is employed determines that
the evidence furnished by the
supervisor is insufficient, the head of
the agency shall carry out the action
proposed under subparagraph (A) or (B)
of paragraph (1), as applicable.
``(C) Scope of procedures.--An action
carried out under this section--
``(i) except as provided in clause
(ii), shall be subject to the same
requirements and procedures, including
those with respect to an appeal, as an
action under section 7503, 7513, or
7543; and
``(ii) shall not be subject to--
``(I) paragraphs (1) and
(2) of section 7503(b);
``(II) paragraphs (1) and
(2) of subsection (b) and
subsection (c) of section 7513;
and
``(III) paragraphs (1) and
(2) of subsection (b) and
subsection (c) of section 7543.
``(3) Non-delegation.--If the head of an agency is
responsible for determining whether a supervisor has
committed a prohibited personnel action for purposes of
paragraph (1), the head of the agency may not delegate
that responsibility.''.
(2) Technical and conforming amendment.--The table
of sections for subchapter II of chapter 75 of title 5,
United States Code, is amended--
(A) by striking any item relating to
section 7515; and
(B) adding at the end the following:
``7515. Discipline of supervisors based on retaliation against
whistleblowers.''.
(f) Termination of Certain Investigations by the Office of
Special Counsel.--Section 1214(a) of title 5, United States
Code, is amended by adding at the end the following:
``(6)(A) Notwithstanding any other provision of
this section, not later than 30 days after the date on
which the Special Counsel receives an allegation of a
prohibited personnel practice under paragraph (1), the
Special Counsel may terminate an investigation of the
allegation without further inquiry if the Special
Counsel determines that--
``(i) the same allegation, based on the
same set of facts and circumstances, had
previously been--
``(I)(aa) made by the individual;
and
``(bb) investigated by the Special
Counsel; or
``(II) filed by the individual with
the Merit Systems Protection Board;
``(ii) the Special Counsel does not have
jurisdiction to investigate the allegation; or
``(iii) the individual knew or should have
known of the alleged prohibited personnel
practice on or before the date that is 3 years
before the date on which the Special Counsel
received the allegation.
``(B) Not later than 30 days after the date on
which the Special Counsel terminates an investigation
under subparagraph (A), the Special Counsel shall
provide a written notification to the individual who
submitted the allegation of a prohibited personnel
practice that states the basis of the Special Counsel
for terminating the investigation.''.
(g) Allegations of Wrongdoing Within the Office of Special
Counsel.--Section 1212 of title 5, United States Code, is
amended by adding at the end the following:
``(i) The Special Counsel shall enter into at least 1
agreement with the Inspector General of an agency under which--
``(1) the Inspector General shall--
``(A) receive, review, and investigate
allegations of prohibited personnel practices
or wrongdoing filed by employees of the Office
of Special Counsel; and
``(B) develop a method for an employee of
the Office of Special Counsel to communicate
directly with the Inspector General; and
``(2) the Special Counsel--
``(A) may not require an employee of the
Office of Special Counsel to seek authorization
or approval before directly contacting the
Inspector General in accordance with the
agreement; and
``(B) may reimburse the Inspector General
for services provided under the agreement.''.
(h) Reporting Requirements.--
(1) Annual report.--Section 1218 of title 5, United
States Code, is amended to read as follows:
``Sec. 1218. Annual report
``The Special Counsel shall submit to Congress, on an
annual basis, a report regarding the activities of the Special
Counsel, which shall include, for the year preceding the
submission of the report--
``(1) the number, types, and disposition of
allegations of prohibited personnel practices filed
with the Special Counsel and the costs of resolving
such allegations;
``(2) the number of investigations conducted by the
Special Counsel;
``(3) the number of stays and disciplinary actions
negotiated with agencies by the Special Counsel;
``(4) the number of subpoenas issued by the Special
Counsel;
``(5) the number of instances in which the Special
Counsel reopened an investigation after the Special
Counsel had made an initial determination with respect
to the investigation;
``(6) the actions that resulted from reopening
investigations, as described in paragraph (5);
``(7) the number of instances in which the Special
Counsel did not make a determination before the end of
the 240-day period described in section
1214(b)(2)(A)(i) regarding whether there were
reasonable grounds to believe that a prohibited
personnel practice had occurred, existed, or was to be
taken;
``(8) a description of the recommendations and
reports made by the Special Counsel to other agencies
under this subchapter and the actions taken by the
agencies as a result of the recommendations or reports;
``(9) the number of--
``(A) actions initiated before the Merit
Systems Protection Board, including the number
of corrective action petitions and disciplinary
action complaints initiated; and
``(B) stays and extensions of stays
obtained from the Merit Systems Protection
Board;
``(10) the number of prohibited personnel practice
complaints that resulted in a favorable action for the
complainant, other than a stay or an extension of a
stay, organized by actions in--
``(A) complaints dealing with reprisals
against whistleblowers; and
``(B) all other complaints;
``(11) the number of prohibited personnel practice
complaints that were resolved by an agreement between
an agency and an individual, organized by agency and
agency components in--
``(A) complaints dealing with reprisals
against whistleblowers; and
``(B) all other complaints;
``(12) the number of corrective actions that the
Special Counsel required an agency to take after a
finding by the Special Counsel of a prohibited
personnel practice, as defined in section 2302(a)(1);
and
``(13) the results for the Office of Special
Counsel of any employee viewpoint survey conducted by
the Office of Personnel Management or any other
agency.''.
(2) Public information.--Section 1219(a)(1) of
title 5, United States Code, is amended to read as
follows:
``(1) a list of any noncriminal matters referred to
the head of an agency under section 1213(c), together
with--
``(A) a copy of the information transmitted
to the head of the agency under section
1213(c)(1);
``(B) any report from the agency under
section 1213(c)(1)(B) relating to the matter;
``(C) if appropriate, not otherwise
prohibited by law, and consented to by the
complainant, any comments from the complainant
under section 1213(e)(1) relating to the
matter; and
``(D) the comments or recommendations of
the Special Counsel under paragraph (3) or (4)
of section 1213(e);''.
(3) Notice of complaint settlements.--Section 1217
of title 5, United States Code, is amended--
(A) by striking ``The Special Counsel'' and
inserting the following:
``(a) In General.--The Special Counsel''; and
(B) by adding at the end the following:
``(b) Additional Report Required.--
``(1) In general.--If an allegation submitted to
the Special Counsel is resolved by an agreement between
an agency and an individual, the Special Counsel shall
submit to Congress and each congressional committee
with jurisdiction over the agency a report regarding
the agreement.
``(2) Contents.--Any report required under
paragraph (1) shall identify, with respect to an
agreement described in that paragraph--
``(A) the agency that entered into the
agreement;
``(B) the position and employment location
of the employee who submitted the allegation
that formed the basis of the agreement,
provided the information is not so specific as
to be reasonably likely to identify the
employee;
``(C) the position and employment location
of any employee alleged by an employee
described in subparagraph (B) to have committed
a prohibited personnel practice, as defined in
section 2302(a)(1);
``(D) a description of the allegation
described in subparagraph (B); and
``(E) whether the agency that entered into
the agreement has agreed to pursue any
disciplinary action as a result of the
allegation described in subparagraph (B).''.
(i) Establishment of Survey Pilot Program.--
(1) In general.--The Office of Special Counsel
shall design and establish a pilot program under which
the Office shall conduct, during the first full fiscal
year after the date of enactment of this Act, a survey
of individuals who have filed a complaint or disclosure
with the Office.
(2) Purpose.--The survey under paragraph (1) shall
be designed for the purpose of collecting information
and improving service at various stages of a review or
investigation by the Office of Special Counsel.
(3) Results.--The results of the survey under
paragraph (1) shall be published in the annual report
of the Office of Special Counsel.
(4) Suspension of other surveys.--During the period
beginning on October 1, 2017, and ending on September
30, 2018, section 13 of the Act entitled ``An Act to
reauthorize the Office of Special Counsel, and for
other purposes'', approved October 29, 1994 (5 U.S.C.
1212 note), shall have no force or effect.
(j) Stays of the Merit Systems Protection Board.--Section
1214(b)(1)(B)(ii) of title 5, United States Code, is amended by
striking ``who was appointed, by and with the advice and
consent of the Senate,''.
(k) Penalties Under the Hatch Act.--
(1) In general.--Section 7326 of title 5, United
States Code, is amended to read as follows:
``Sec. 7326. Penalties
``An employee or individual who violates section 7323 or
7324 shall be subject to--
``(1) disciplinary action consisting of removal,
reduction in grade, debarment from Federal employment
for a period not to exceed 5 years, suspension, or
reprimand;
``(2) an assessment of a civil penalty not to
exceed $1,000; or
``(3) any combination of the penalties described in
paragraph (1) or (2).''.
(2) Application.--The amendment made by paragraph
(1) shall apply to any violation of section 7323 or
7324 of title 5, United States Code, occurring after
the date of enactment of this Act.
(l) Amendments to Dr. Chris Kirkpatrick Whistleblower
Protection Act.--Section 105 of the Dr. Chris Kirkpatrick
Whistleblower Protection Act of 2017 is amended--
(1) in subsection (a) by inserting ``credible''
before ``information indicating''; and
(2) by adding at the end the following:
``(c) Permission of Next of Kin.--The head of the agency
shall only make a referral under subsection (a) regarding an
employee after receiving written permission from the next of
kin, as such term is defined in section 6381 of title 5, United
States Code, of the employee.''.
(m) Regulations.--
(1) In general.--Not later than 2 years after the
date of enactment of this Act, the Special Counsel
shall prescribe such regulations as may be necessary to
perform--
(A) the functions of the Special Counsel
under subchapter II of chapter 12 of title 5,
United States Code, including regulations that
are necessary to carry out sections 1213, 1214,
and 1215 of that title; and
(B) any functions of the Special Counsel
that are required because of the amendments
made by this section.
(2) Publication.--Any regulations prescribed under
paragraph (1) shall be published in the Federal
Register.
(n) Authorization of Appropriations.--
(1) In general.--Section 8(a)(2) of the
Whistleblower Protection Act of 1989 (5 U.S.C. 5509
note) is amended by striking ``2003, 2004, 2005, 2006,
and 2007'' and inserting ``2018 through 2023''.
(2) Effective date.--The amendment made by
paragraph (1) shall take effect as though enacted on
September 30, 2017.
SEC. 1098. AIR TRANSPORTATION OF CIVILIAN DEPARTMENT OF DEFENSE
PERSONNEL TO AND FROM AFGHANISTAN.
(a) Policy Review.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
conduct a policy review regarding the use of commercial air
transportation or alternative forms of air transportation to
transport civilian personnel of the Department of Defense to
and from Afghanistan.
(b) Report to Congress.--Not later than 90 days after the
completion of the policy review required by subsection (a), the
Secretary shall submit to the Committees on Armed Services of
the Senate and House of Representatives a report on the results
of such review.
(c) Updated Guidelines.--Not later than 90 days after the
completion of the policy review required by subsection (a), the
Secretary shall issue updated guidelines, based on the report
submitted under subsection (b), regarding the use of commercial
air transportation or alternative forms of air transportation
to transport civilian personnel of the Department to and from
Afghanistan.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Direct hire authority for the Department of Defense for
personnel to assist in business transformation and management
innovation.
Sec. 1102. Extension of direct hire authority for Domestic Defense
Industrial Base Facilities and Major Range and Test Facilities
Base.
Sec. 1103. Extension of authority to provide voluntary separation
incentive pay for civilian employees of the Department of
Defense.
Sec. 1104. Additional Department of Defense science and technology
reinvention laboratories.
Sec. 1105. One year extension of authority to waive annual limitation on
premium pay and aggregate limitation on pay for Federal
civilian employees working overseas.
Sec. 1106. Direct hire authority for financial management experts in the
Department of Defense workforce.
Sec. 1107. Extension of authority for temporary personnel flexibilities
for Domestic Defense Industrial Base Facilities and Major
Range and Test Facilities Base civilian personnel.
Sec. 1108. One-year extension of temporary authority to grant
allowances, benefits, and gratuities to civilian personnel on
official duty in a combat zone.
Sec. 1109. Extension of overtime rate authority for Department of the
Navy employees performing work aboard or dockside in support
of the nuclear-powered aircraft carrier forward deployed in
Japan.
Sec. 1110. Pilot program on enhanced personnel management system for
cybsersecurity and legal professionals in the Department of
Defense.
Sec. 1111. Establishment of senior scientific technical managers at
Major Range and Test Facility Base Facilities and Defense Test
Resource Management Center.
SEC. 1101. 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 10 individuals.
(d) Nature of Appointment.--Any appointment under this
section shall be on a term basis, and shall be subject to the
term appointment regulations in part 316 of title 5, Code of
Federal Regulations (other than requirements in such
regulations relating to competitive hiring). The term of any
such appointment shall be specified by the Secretary at the
time of the appointment.
(e) Briefings.--
(1) In general.--Not later than September 30, 2019,
and September 30, 2021, the Secretary shall brief the
appropriate committees of Congress on the exercise of
the authority in this section.
(2) Elements.--Each briefing under this subsection
shall include the following:
(A) A description and assessment of the
results of the use of such authority as of the
date of such briefing.
(B) Such recommendations as the Secretary
considers appropriate for extension or
modification of such authority.
(3) Appropriate committees of congress defined.--In
this subsection, the term ``appropriate committees of
Congress'' means--
(A) the Committee on Armed Services and the
Committee on Homeland Security and Governmental
Affairs of the Senate; and
(B) the Committee on Armed Services and the
Committee on Government Oversight and Reform of
the House of Representatives.
(f) Sunset.--
(1) In general.--The authority to appoint
individuals in this section shall expire on September
30, 2021.
(2) Construction with existing appointments.--The
expiration in paragraph (1) of the authority in this
section shall not be construed to terminate any
appointment made under this section before the date of
expiration that continues according to its term as of
the date of expiration.
SEC. 1102. EXTENSION OF DIRECT HIRE AUTHORITY FOR DOMESTIC DEFENSE
INDUSTRIAL BASE FACILITIES AND MAJOR RANGE AND TEST
FACILITIES BASE.
(a) In General.--Subsection (a) of section 1125 of subtitle
B of title XI of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328) is amended by striking
``During fiscal years 2017 and 2018,'' and inserting ``During
each of fiscal years 2017 through 2021,''.
(b) Briefing.--Not later than 90 days after the end of each
of fiscal years 2019 and 2021, the Secretary of Defense shall
provide a briefing to the Committee on Armed Services of the
House of Representatives, the Committee on Armed Services of
the Senate, the Committee on Oversight and Government Reform of
the House of Representatives, and the Committee on Homeland
Security and Governmental Affairs of the Senate including--
(1) a description of the effect of such section
1125 (as amended by subsection (a)) on the management
of the Department of Defense civilian workforce during
the most recently ended fiscal year; and
(2) the number of employees--
(A) hired under such section during such
fiscal year; and
(B) expected to be hired under such section
during the fiscal year in which the briefing is
provided.
SEC. 1103. EXTENSION OF AUTHORITY TO PROVIDE VOLUNTARY SEPARATION
INCENTIVE PAY FOR CIVILIAN EMPLOYEES OF THE
DEPARTMENT OF DEFENSE.
(a) In General.--Section 1107 of subtitle A of title XI of
the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328) is amended by striking ``September 30,
2018'' and inserting ``September 30, 2021''.
(b) Briefing.--Not later than December 31, 2019, and
December 31, 2021, the Secretary of Defense shall provide a
briefing to the Committee on Armed Services of the House of
Representatives, the Committee on Armed Services of the Senate,
the Committee on Oversight and Government Reform of the House
of Representatives, and the Committee on Homeland Security and
Governmental Affairs of the Senate including--
(1) a description of the effect of such section
1107 (as amended by subsection (a)) on the management
of the Department of Defense civilian workforce during
the most recently ended fiscal year;
(2) the number of employees offered voluntary
separation incentive payments during such fiscal year
by operation of such section; and
(3) the number of such employees that accepted such
payments.
SEC. 1104. 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; 123 Stat. 2487; 10
U.S.C. 2358 note) is amended by adding at the end the
following:
``(20) The Naval Medical Research Center.
``(21) The Joint Warfighting Analysis Center.
``(22) The Naval Facilities Engineering and
Expeditionary Warfare Center.''.
SEC. 1105. ONE YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL LIMITATION
ON PREMIUM PAY AND AGGREGATE LIMITATION ON PAY FOR
FEDERAL CIVILIAN EMPLOYEES WORKING OVERSEAS.
Subsection (a) of section 1101 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4615), as most recently amended by
section 1137 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2460), is
amended by striking ``through 2017'' and inserting ``through
2018''.
SEC. 1106. DIRECT HIRE AUTHORITY FOR FINANCIAL MANAGEMENT EXPERTS IN
THE DEPARTMENT OF DEFENSE WORKFORCE.
(a) In General.--Section 1110 of the National Defense
Authorization Act for 2017 (Public Law 114-328; 130 Stat. 2450;
10 U.S.C. 1580 note prec.) is amended--
(1) in subsection (a), by striking ``the Defense
Agencies or the applicable military Department'' and
inserting ``a Department of Defense component'';
(2) in subsection (b)(1), by striking ``the Defense
Agencies'' and inserting ``each Department of Defense
component listed in subsection (f) other than the
Department of the Army, the Department of the Navy, and
the Department of the Air Force'';
(3) in subsection (d)--
(A) by striking ``any Defense Agency or
military department'' and inserting ``any
Department of Defense component''; and
(B) by striking ``such Defense Agency or
military department'' and inserting ``such
Department of Defense component''; and
(4) by striking subsection (f) and inserting the
following new subsection (f):
``(f) Department of Defense Component Defined.--In this
section, the term `Department of Defense component' means the
following:
``(1) A Defense Agency.
``(2) The Office of the Chairman of the Joint
Chiefs of Staff.
``(3) The Joint Staff.
``(4) A combatant command.
``(5) The Office of the Inspector General of the
Department of Defense.
``(6) A Field Activity of the Department of
Defense.
``(7) The Department of the Army.
``(8) The Department of the Navy.
``(9) The Department of the Air Force.''.
(b) Briefing.--Not later than 90 days after the end of each
of fiscal years 2019 and 2021, the Secretary of Defense shall
provide a briefing to the Committee on Armed Services of the
House of Representatives, the Committee on Armed Services of
the Senate, the Committee on Oversight and Government Reform of
the House of Representatives, and the Committee on Homeland
Security and Governmental Affairs of the Senate including--
(1) a description of the effect of section 1110 of
subtitle A of title XI of the National Defense
Authorization Act, 2017 (Public Law 114-328), as
amended by subsection (a), on the management of the
Department of Defense civilian workforce during the
most recently ended fiscal year; and
(2) the number of employees--
(A) hired under such section during such
fiscal year; and
(B) expected to be hired under such section
during the fiscal year in which the briefing is
provided.
SEC. 1107. EXTENSION OF AUTHORITY FOR TEMPORARY PERSONNEL FLEXIBILITIES
FOR DOMESTIC DEFENSE INDUSTRIAL BASE FACILITIES AND
MAJOR RANGE AND TEST FACILITIES BASE CIVILIAN
PERSONNEL.
(a) In General.--Subsection (a) of section 1132 of the
National Defense Authorization Act for Fiscal Year 2017 (Public
Law 114-328; 130 Stat. 2457) is amended by striking ``and
2018'' and inserting ``through 2021''.
(b) Briefing.--Not later than 90 days after the end of each
of fiscal years 2019 and 2021, the Secretary of Defense shall
provide a briefing to the Committee on Armed Services of the
House of Representatives, the Committee on Armed Services of
the Senate, the Committee on Oversight and Government Reform of
the House of Representatives, and the Committee on Homeland
Security and Governmental Affairs of the Senate including--
(1) a description of the effect of such section
1132 (as amended by subsection (a)) on the management
of civilian personnel at domestic defense industrial
base facilities and Major Range and Test Facilities
Base during the most recently ended fiscal year; and
(2) the number of employees--
(A) hired under such section during such
fiscal year; and
(B) expected to be hired under such section
during the fiscal year in which the briefing is
provided.
SEC. 1108. ONE-YEAR EXTENSION OF TEMPORARY AUTHORITY TO GRANT
ALLOWANCES, BENEFITS, AND GRATUITIES TO CIVILIAN
PERSONNEL ON OFFICIAL DUTY IN A COMBAT ZONE.
Paragraph (2) of section 1603(a) of the Emergency
Supplemental Appropriations Act for Defense, the Global War on
Terror, and Hurricane Recovery, 2006 (Public Law 109-234; 120
Stat. 443), as added by section 1102 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4616) and as most recently amended by
section 1133 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2459), is
further amended by striking ``2018'' and inserting ``2019''.
SEC. 1109. EXTENSION OF OVERTIME RATE AUTHORITY FOR DEPARTMENT OF THE
NAVY EMPLOYEES PERFORMING WORK ABOARD OR DOCKSIDE
IN SUPPORT OF THE NUCLEAR-POWERED AIRCRAFT CARRIER
FORWARD DEPLOYED IN JAPAN.
Section 5542(a)(6)(B) of title 5, United States Code, is
amended by striking ``September 30, 2018'' and inserting
``September 30, 2019''.
SEC. 1110. PILOT PROGRAM ON ENHANCED PERSONNEL MANAGEMENT SYSTEM FOR
CYBSERSECURITY AND LEGAL PROFESSIONALS IN THE
DEPARTMENT OF DEFENSE.
(a) Pilot Program Required.--The Secretary of Defense shall
carry out within the Department of Defense a pilot program to
assess the feasability and advisability of an enhanced
personnel management system in accordance with this section for
cybersecurity and legal professionals in the Department
described in subsection (b) who enter civilian service with the
Department on or after January 1, 2020.
(b) Cybersecurity and Legal Professionals.--
(1) In general.--The cybersecurity and legal
professionals described in this subsection are the
following:
(A) Civilian cybersecurity professionals in
the Department of Defense consisting of
civilian personnel engaged in or directly
supporting planning, commanding and
controlling, training, developing, acquiring,
modifying, and operating systems and
capabilities, and military units and
intelligence organizations (other than those
funded by the National Intelligence Program)
that are directly engaged in or used for
offensive and defensive cyber and information
warfare or intelligence activities in support
thereof.
(B) Civilian legal professionals in the
Department occupying legal or similar
positions, as determined by the Secretary of
Defense for purposes of the pilot program, that
require eligibility to practice law in a State
or territory of the United States.
(2) Inapplicability to ses positions.--The pilot
program shall not apply to positions within the Senior
Executive Service under subchapter VIII of chapter 53
of title 5, United States Code.
(c) Direct-appointment Authority.--
(1) Inapplicability of general civil service
appointment authorities to appointments.--Under the
pilot program, the Secretary of Defense, with respect
to the Defense Agencies, and the Secretary of the
military department concerned, with respect to the
military departments, may appoint qualified candidates
as cybersecurity and legal professionals without regard
to the provisions of subchapter I of chapter 33 of
title 5, United States Code.
(2) Appointment on direct-hire basis.--Appointments
under the pilot program shall be made on a direct-hire
basis.
(d) Term Appointments.--
(1) Renewable term appointments.--Each individual
shall serve with the Department of Defense as a
cybersecurity or legal professional under the pilot
program pursuant to an initial appointment to service
with the Department for a term of not less than 2 years
nor more than 8 years. Any term of appointment under
the pilot program may be renewed for one or more
additional terms of not less than 2 years nor more than
8 years as provided in subsection (h).
(2) Length of terms.--The length of the term of
appointment to a position under the pilot program shall
be prescribed by the Secretary of Defense taking into
account the national security, mission, and other
applicable requirements of the position. Positions
having identical or similar requirements or terms may
be grouped into categories for purposes of the pilot
program. The Secretary may delegate any authority in
this paragraph to a commissioned officer of the Armed
Forces in pay grade O-7 or above or an employee in the
Department in the Senior Executive Service.
(e) Nature of Service Under Appointments.--
(1) Treatment of personnel appointed as
employees.--Except as otherwise provided by this
section, individuals serving with the Department of
Defense as cybersecurity or legal professionals under
the pilot program pursuant to appointments under this
section shall be considered employees (as specified in
section 2105 of title 5, United States Code) for
purposes of the provisions of title 5, United States
Code, and other applicable provisions of law,
including, in particular, for purposes as follows:
(A) Eligibility for participation in the
Federal Employees' Retirement System under
chapter 84 of title 5, United States Code,
subject to the provisions of section 8402 of
such title and the regulations prescribed
pursuant to such section.
(B) Eligibility for enrollment in a health
benefits plan under chapter 89 of title 5,
United States Code (commonly referred as the
``Federal Employees Health Benefits Program'').
(C) Eligibility for and subject to the
employment protections of subpart F of part III
of title 5, United States Code, relating to
merit principles and protections.
(D) Eligibility for the protections of
chapter 81, of title 5, United States Code,
relating to workers compensation.
(2) Scope of rights and benefits.--In administering
the pilot program, the Secretary of Defense shall
specify, and from time to time update, a comprehensive
description of the rights and benefits of individuals
serving with the Department under the pilot program
pursuant to this subsection and of the provisions of
law under which such rights and benefits arise.
(f) Compensation.--
(1) Basic pay.--Individuals serving with the
Department of Defense as cybersecurity or legal
professionals under the pilot program shall be paid
basic pay for such service in accordance with a
schedule of pay prescribed by the Secretary of Defense
for purposes of the pilot program.
(2) Treatment as basic pay.--Basic pay payable
under the pilot program shall be treated for all
purposes as basic pay paid under the provisions of
title 5, United States Code.
(3) Performance awards.--Individuals serving with
the Department as cybersecurity or legal professionals
under the pilot program may be awarded such performance
awards for outstanding performance as the Secretary
shall prescribe for purposes of the pilot program. The
performance awards may include a monetary bonus, time
off with pay, or such other awards as the Secretary
considers appropriate for purposes of the pilot
program. The award of performance awards under the
pilot program shall be based in accordance with such
policies and requirements as the Secretary shall
prescribe for purposes of the pilot program.
(4) Additional compensation.--Individuals serving
with the Department as cybersecurity or legal
professionals under the pilot program may be awarded
such additional compensation above basic pay as the
Secretary (or the designees of the Secretary) consider
appropriate in order to promote the recruitment and
retention of highly skilled and productive
cybersecurity and legal professionals to and with the
Department.
(g) Probationary Period.--The following terms of
appointment shall be treated as a probationary period under the
pilot program:
(1) The first term of appointment of an individual
to service with the Department of Defense as a
cybersecurity or legal professional, regardless of
length.
(2) The first term of appointment of an individual
to a supervisory position in the Department as a
cybersecurity or legal professional, regardless of
length and regardless of whether or not such term of
appointment to a supervisory position is the first term
of appointment of the individual concerned to service
with the Department as a cybersecurity or legal
professional.
(h) Renewal of Appointments.--
(1) In general.--The Secretary of Defense shall
prescribe the conditions for the renewal of
appointments under the pilot program. The conditions
may apply to one or more categories of positions,
positions on a case-by-case basis, or both.
(2) Particular conditions.--In prescribing
conditions for the renewal of appointments under the
pilot program, the Secretary shall take into account
the following (in the order specified):
(A) The necessity for the continuation of
the position concerned based on mission
requirements and other applicable
justifications for the position.
(B) The service performance of the
individual serving in the position concerned,
with individuals with satisfactory or better
performance afforded preference in renewal.
(C) Input from employees on conditions for
renewal.
(D) Applicable private and public sector
labor market conditions.
(3) Service performance.--The assessment of the
service performance of an individual under the pilot
program for purposes of paragraph (2)(B) shall consist
of an assessment of the ability of the individual to
effectively accomplish mission goals for the position
concerned as determined by the supervisor or manager of
the individual based on the individual's performance
evaluations and the knowledge of and review by such
supervisor or manager (developed in consultation with
the individual) of the individual's performance in the
position. An individual's tenure of service in a
position or the Department of Defense may not be the
primary element of the assessment.
(i) Professional Development.--The pilot program shall
provide for the professional development of individuals serving
with the Department of Defense as cybersecurity and legal
professionals under the pilot program in a manner that--
(1) creates opportunities for education, training,
and career-broadening experiences, and for experimental
opportunities in other organizations within and outside
the Federal Government; and
(2) reflects the differentiated needs of personnel
at different stages of their careers.
(j) Sabbaticals.--
(1) In general.--The pilot program shall provide
for an individual who is in a successive term after the
first 8 years with the Department of Defense as a
cybersecurity or legal professional under the pilot
program to take, at the election of the individual, a
paid or unpaid sabbatical from service with the
Department for professional development or education
purposes. The length of a sabbatical shall be any
length not less than 6 months nor more than 1 year
(unless a different period is approved by the Secretary
of the military department or head of the organization
or element of the Department concerned for purposes of
this subsection). The purpose of any sabbatical shall
be subject to advance approval by the organization or
element in the Department in which the individual is
currently performing service. The taking of a
sabbatical shall be contingent on the written agreement
of the individual concerned to serve with the
Department for an appropriate length of time at the
conclusion of the term of appointment in which the
sabbatical commences, with the period of such service
to be in addition to the period of such term of
appointment.
(2) Number of sabbaticals.--An individual may take
more than one sabbatical under this subsection.
(3) Repayment.--Except as provided in paragraph
(4), an individual who fails to satisfy a written
agreement executed under paragraph (1) with respect to
a sabbatical shall repay the Department an amount equal
to any pay, allowances, and other benefits received by
the individual from the Department during the period of
the sabbatical.
(4) Waiver of repayment.--An agreement under
paragraph (1) may include such conditions for the
waiver of repayment otherwise required under paragraph
(3) for failure to satisfy such agreement as the
Secretary specifies in such agreement.
(k) Regulations.--The Secretary of Defense shall administer
the pilot program under regulations prescribed by the Secretary
for purposes of the pilot program.
(l) Termination.--
(1) In general.--The authority of the Secretary of
Defense to appoint individuals for service with the
Department of Defense as cybersecurity or legal
professionals under the pilot program shall expire on
December 31, 2029.
(2) Effect on existing appointments.--The
termination of authority in paragraph (1) shall not be
construed to terminate or otherwise affect any
appointment made under this section before December 31,
2029, that remains valid as of that date.
(m) Implementation.--
(1) Interim final rule.--Not later than one year
after the date of the enactment of this Act, the
Secretary of Defense shall prescribe an interim final
rule to implement the pilot program.
(2) Final rule.--Not later than 180 days after
prescribing the interim final rule under paragraph (1)
and considering public comments with respect to such
interim final rule, the Secretary shall prescribe a
final rule to implement the pilot program.
(3) Objectives.--The regulations prescribed under
paragraphs (1) and (2) shall accomplish the objectives
set forth in subsections (a) through (j) and otherwise
ensure flexibility and expedited appointment of
cybersecurity and legal professionals in the Department
of Defense under the pilot program.
(n) Reports.--
(1) Reports required.--Not later than January 30 of
each of 2022, 2025, and 2028, the Secretary of Defense
shall submit to the appropriate committees of Congress
a report on the carrying out of the pilot program. Each
report shall include the following:
(A) A description and assessment of the
carrying out of the pilot program during the
period since the commencement of the pilot
program or the previous submittal of a report
under this subsection, as applicable.
(B) A description and assessment of the
successes in and impediments to carrying out
the pilot program system during such period.
(C) Such recommendations as the Secretary
considers appropriate for legislative action to
improve the pilot program and to otherwise
improve civilian personnel management of
cybersecurity and legal professionals by the
Department of Defense.
(D) In the case of the report submitted in
2028, an assessment and recommendations by the
Secretary on whether to make the pilot program
permanent.
(2) Appropriate committees of congress defined.--In
this subsection, the term ``appropriate committees of
Congress'' means--
(A) the Committee on Armed Services and the
Committee on Homeland Security and Governmental
Affairs of the Senate; and
(B) the Committee on Armed Services and the
Committee on Oversight and Government Reform of
the House of Representatives.
SEC. 1111. ESTABLISHMENT OF SENIOR SCIENTIFIC TECHNICAL MANAGERS AT
MAJOR RANGE AND TEST FACILITY BASE FACILITIES AND
DEFENSE TEST RESOURCE MANAGEMENT CENTER.
Section 2358a of title 10, United States Code, is amended--
(1) in subsection (d)--
(A) in paragraph (1)--
(i) in the matter preceding
subparagraph (A), by inserting ``, each
facility of the Major Range and Test
Facility Base, and the Defense Test
Resource Management Center'' after
``each STRL''; and
(ii) in subparagraph (A), by
inserting ``, of such facility of the
Major Range and Test Facility Base, or
the Defense Test Resource Management
Center''; and
(B) in paragraph (2)--
(i) by striking ``The positions''
and inserting ``(A) The laboratory
positions''; and
(ii) by adding at the end the
following new subparagraph:
``(B) The test and evaluation positions
described in paragraph (1) may be filled, and
shall be managed, by the director of the Major
Range and Test Facility Base, in the case of a
position at a facility of the Major Range and
Test Facility Base, and the director of the
Defense Test Resource Management Center, in the
case of a position at such center, under
criteria established pursuant to section 342(b)
of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103-337; 10 U.S.C.
2358 note), relating to personnel demonstration
projects at laboratories of the Department of
Defense, except that the director involved
shall determine the number of such positions at
each facility of the Major Range and Test
Facility Base and the Defense Test Resource
Management Center, not to exceed two percent of
the number of scientists and engineers, but at
least one position, employed at the Major Range
and Test Facility Base or the Defense Test
Resource Management Center, as the case may be,
as of the close of the last fiscal year before
the fiscal year in which any appointments
subject to those numerical limitations are
made.''; and
(2) in subsection (f)--
(A) by redesignating paragraphs (1) and (2)
as paragraphs (2) and (4), respectively;
(B) by inserting before paragraph (2), as
redesignated by subparagraph (A), the following
new paragraph (1):
``(1) The term `Defense Test Resource Management
Center' means the Department of Defense Test Resource
Management Center established under section 196 of this
title.''; and
(C) by inserting after paragraph (2), as so
redesignated, the following new paragraph:
``(3) The term `Major Range and Test Facility Base'
means the test and evaluation facilities and resources
that are designated by the Secretary of Defense as
facilities and resources comprising the Major Range and
Test Facility Base.''.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. One-year extension of logistical support for coalition forces
supporting certain United States military operations.
Sec. 1202. Support of special operations for irregular warfare.
Sec. 1203. Obligation of funds in Special Defense Acquisition Fund for
precision guided munitions.
Sec. 1204. Modification of defense institution capacity building and
authority to build capacity of foreign security forces.
Sec. 1205. Extension and modification of authority on training for
Eastern European national security forces in the course of
multilateral exercises.
Sec. 1206. Global Security Contingency Fund.
Sec. 1207. Defense Institute of International Legal Studies.
Sec. 1208. Extension of participation in and support of the Inter-
American Defense College.
Sec. 1209. Plan on improvement of ability of national security forces of
foreign countries participating in United States capacity
building programs to protect civilians.
Subtitle B--Matters Relating to Afghanistan and Pakistan
Sec. 1211. Extension of authority to transfer defense articles and
provide defense services to the military and security forces
of Afghanistan.
Sec. 1212. Extension and modification of authority for reimbursement of
certain coalition nations for support provided to United
States military operations.
Sec. 1213. Special immigrant visas for Afghan allies.
Sec. 1214. Extension of authority to acquire products and services
produced in countries along a major route of supply to
Afghanistan.
Sec. 1215. Extension of semiannual report on enhancing security and
stability in Afghanistan.
Sec. 1216. Human rights vetting of Afghan National Defense and Security
Forces.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
Sec. 1221. Report on United States strategy in Syria.
Sec. 1222. Extension and modification of authority to provide assistance
to counter the Islamic State of Iraq and Syria.
Sec. 1223. Modification of authority to provide assistance to the vetted
Syrian opposition.
Sec. 1224. Extension and modification of authority to support operations
and activities of the Office of Security Cooperation in Iraq.
Sec. 1225. Modification and additional elements in annual report on the
military power of Iran.
Sec. 1226. Extension of quarterly reports on confirmed ballistic missile
launches from Iran and imposition of sanctions in connection
with those launches.
Sec. 1227. Limitation on use of funds for provision of man-portable air
defense systems to the vetted Syrian opposition.
Sec. 1228. Report on agreement with the Government of the Russian
Federation on the status of Syria.
Subtitle D--Matters Relating to the Russian Federation
Sec. 1231. Extension of limitation on military cooperation between the
United States and the Russian Federation.
Sec. 1232. Prohibition on availability of funds relating to sovereignty
of the Russian Federation over Crimea.
Sec. 1233. Sense of Congress on European security.
Sec. 1234. Modification and extension of Ukraine Security Assistance
Initiative.
Sec. 1235. Limitation on availability of funds relating to
implementation of the Open Skies Treaty.
Sec. 1236. Sense of Congress on importance of nuclear capabilities of
NATO.
Sec. 1237. Report on Security Cooperation with respect to Western Balkan
Countries.
Sec. 1238. Plan to respond in case of Russian noncompliance with the New
START Treaty.
Sec. 1239. Strategy to counter threats by the Russian Federation.
Sec. 1239A. Strategy to counter the threat of malign influence by the
Russian Federation.
Subtitle E--Intermediate-Range Nuclear Forces (INF) Treaty Preservation
Act of 2017
Sec. 1241. Short title.
Sec. 1242. Findings.
Sec. 1243. Compliance enforcement regarding Russian violations of the
INF Treaty.
Sec. 1244. Notification requirement related to Russian Federation
development of noncompliant systems and United States actions
regarding material breach of INF Treaty by the Russian
Federation.
Sec. 1245. Review of RS-26 ballistic missile.
Sec. 1246. Definitions.
Subtitle F--Matters Relating to the Indo-Asia-Pacific Region
Sec. 1251. Sense of Congress and Initiative for the Indo-Asia-Pacific
region.
Sec. 1252. Report on strategy to prioritize United States defense
interests in the Indo-Asia-Pacific region.
Sec. 1253. Assessment of United States force posture and basing needs in
the Indo-Asia-Pacific region.
Sec. 1254. Plan to enhance the extended deterrence and assurance
capabilities of the United States in the Asia-Pacific region.
Sec. 1255. Sense of Congress reaffirming security commitments to the
Governments of Japan and South Korea and trilateral
cooperation between the United States, Japan, and South Korea.
Sec. 1256. Strategy on North Korea.
Sec. 1257. North Korean nuclear intercontinental ballistic missiles.
Sec. 1258. Advancements in defense cooperation between the United States
and India.
Sec. 1259. Strengthening the defense partnership between the United
States and Taiwan.
Sec. 1259A. Normalizing the transfer of defense articles and defense
services to Taiwan.
Sec. 1259B. Assessment on United States defense implications of China's
expanding global access.
Sec. 1259C. Agreement supplemental to Compact of Free Association with
Palau.
Sec. 1259D. Study on United States interests in the Freely Associated
States.
Subtitle G--Reports
Sec. 1261. Modification of annual report on military and security
developments involving the People's Republic of China.
Sec. 1262. Modifications to annual update of Department of Defense
Freedom of Navigation Operations report.
Sec. 1263. Report on strategy to defeat Al-Qaeda, the Taliban, the
Islamic State of Iraq and Syria (ISIS), and their associated
forces and co-belligerents.
Sec. 1264. Report on and notice of changes made to the legal and policy
frameworks for the United States' use of military force and
related national security operations.
Sec. 1265. Report on military action of Saudi Arabia and its coalition
partners in Yemen.
Sec. 1266. Submittal of Department of Defense Supplemental and Cost of
War Execution reports on quarterly basis.
Sec. 1267. Consolidation of reports on United States Armed Forces,
civilian employees, and contractors deployed in support of
Operation Inherent Resolve, Operation Freedom's Sentinel, and
associated and successor operations.
Sec. 1268. Comptroller General of the United States report on pricing
and availability with respect to foreign military sales.
Sec. 1269. Annual report on military and security developments involving
the Russian Federation.
Subtitle H--Other Matters
Sec. 1271. Security and stability strategy for Somalia.
Sec. 1272. Global Theater Security Cooperation Management Information
System.
Sec. 1273. Future years plan for the European Deterrence Initiative.
Sec. 1274. Extension of authority to enter into agreements with
participating countries in the American, British, Canadian,
and Australian Armies' Program.
Sec. 1275. United States military and diplomatic strategy for Yemen.
Sec. 1276. Transfer of excess high mobility multipurpose wheeled
vehicles to foreign countries.
Sec. 1277. Department of Defense program to protect United States
students against foreign agents.
Sec. 1278. Limitation and extension of United States-Israel anti-tunnel
cooperation authority.
Sec. 1279. Anticorruption strategy.
Sec. 1279A. Strategy to improve defense institutions and security sector
forces in Nigeria.
Sec. 1279B. Limitation on availability of funds to implement the Arms
Trade Treaty.
Sec. 1279C. Cultural Heritage Protection Coordinator.
Sec. 1279D. Security assistance for Baltic nations for joint program for
interoperability and deterrence against aggression.
Sec. 1279E. Restriction on funding for the Preparatory Commission for
the Comprehensive Nuclear-Test-Ban Treaty Organization.
Sec. 1279F. Clarification of authority to support border security
operations of certain foreign countries.
Subtitle A--Assistance and Training
SEC. 1201. ONE-YEAR EXTENSION OF LOGISTICAL SUPPORT FOR COALITION
FORCES SUPPORTING CERTAIN UNITED STATES MILITARY
OPERATIONS.
Section 1234 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 394), as most
recently amended by section 1201 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130
Stat. 2473), is further amended--
(1) in subsection (a), by striking ``fiscal year
2017'' and inserting ``fiscal year 2018'';
(2) in subsection (d), by striking ``during the
period beginning on October 1, 2016, and ending on
December 31, 2017'' and inserting ``during the period
beginning on October 1, 2017, and ending on December
31, 2018''; and
(3) in subsection (e)(1), by striking ``December
31, 2017'' and inserting ``December 31, 2018''.
SEC. 1202. SUPPORT OF SPECIAL OPERATIONS FOR IRREGULAR WARFARE.
(a) Authority.--The Secretary of Defense may, with the
concurrence of the relevant Chief of Mission, expend up to
$10,000,000 during each of fiscal years 2018 through 2020 to
provide support to foreign forces, irregular forces, groups, or
individuals engaged in supporting or facilitating ongoing and
authorized irregular warfare operations by United States
Special Operations Forces.
(b) Funds.--
(1) In general.--Funds for support under this
section in a fiscal year shall be derived from amounts
authorized to be appropriated for that fiscal year for
the Department of Defense for operation and
maintenance.
(2) Limitation.--Funds may not be made available
under paragraph (1) until 15 days after the submittal
of the strategy required by section 1097 of the
National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 129 Stat. 1020).
(c) Procedures.--
(1) In general.--The authority in this section
shall be exercised in accordance with such procedures
as the Secretary shall establish for purposes of this
section.
(2) Elements.--The procedures required under
paragraph (1) shall establish, at a minimum, the
following:
(A) Policy guidance for the execution of,
and constraints within, activities under the
authority in this section.
(B) The processes through which activities
under the authority in this section are to be
developed, validated, and coordinated, as
appropriate, with relevant entities of the
United States Government.
(C) The processes through which legal
reviews and determinations are made to comply
with the authority in this section and ensure
that the exercise of such authority is
consistent with the national security of the
United States.
(3) Notice to congress on procedures and material
modifications.--The Secretary shall notify the
congressional defense committees of the procedures
established pursuant to this section before any
exercise of the authority in this section, and shall
notify such committee of any material modification of
the procedures.
(d) Notification.--
(1) In general.--Not later than 15 days before
exercising the authority in this section to make funds
available to initiate support of an ongoing and
authorized operation or changing the scope or funding
level of any support under this section for such an
operation by $500,000 or an amount equal to 10 percent
of such funding level (whichever is less), the
Secretary shall notify the congressional defense
committees of the use of such authority with respect to
such operation. Any such notification shall be in
writing.
(2) Elements.--A notification required by this
subsection shall include the following:
(A) The type of support to be provided to
United States Special Operations Forces, and a
description of the ongoing and authorized
operation to be supported.
(B) A description of the foreign forces,
irregular forces, groups, or individuals
engaged in supporting or facilitating the
ongoing and authorized operation that is to be
the recipient of funds.
(C) The type of support to be provided to
the recipient of the funds, and a description
of the end-use monitoring to be used in
connection with the use of the funds.
(D) The amount obligated under the
authority to provide support.
(E) The determination of the Secretary that
the provision of support does not constitute
any of the following:
(i) A specific authorization within
the meaning of section 5(b) of the War
Powers Resolution (50 U.S.C. 1544(b))
for the introduction of United States
Armed Forces into hostilities or
situations wherein hostilities are
clearly indicated by circumstances.
(ii) A covert action, as such term
is defined in section 503(e) of the
National Security Act of 1947 (50
U.S.C. 3093(e)).
(iii) An authorization for the
provision of support to regular forces,
irregular forces, groups or individuals
for the conduct of operations that
United States Special Operations Forces
are not otherwise legally authorized to
conduct themselves.
(iv) The conduct or support of
activities, whether directly or
indirectly, that are inconsistent with
the laws of armed conflict.
(e) Limitation on Delegation.--The authority of the
Secretary to make funds available under this section for
support of a military operation may not be delegated.
(f) Construction of Authority.--Nothing in this section
shall be construed to constitute a specific statutory
authorization for any of the following:
(1) The conduct of a covert action, as such term is
defined in section 503(e) of the National Security Act
of 1947.
(2) The introduction of United States Armed Forces,
within the meaning of section 5(b) of the War Powers
Resolution, into hostilities or into situations wherein
hostilities are clearly indicated by the circumstances.
(3) The provision of support to regular forces,
irregular forces, groups, or individuals for the
conduct of operations that United States Special
Operations Forces are not otherwise legally authorized
to conduct themselves.
(4) The conduct or support of activities, directly
or indirectly, that are inconsistent with the laws of
armed conflict.
(g) Programmatic and Policy Oversight.--The Assistant
Secretary of Defense for Special Operations and Low-Intensity
Conflict shall have primary programmatic and policy oversight
within the Office of the Secretary of Defense of support to
irregular warfare activities authorized by this section.
(h) Biannual Reports.--
(1) Report on preceding fiscal year.--Not later
than 120 days after the close of each fiscal year in
which subsection (a) is in effect, the Secretary shall
submit to the congressional defense committees a report
on the support provided under this section during the
preceding fiscal year.
(2) Report on current calendar year.--Not later
than 180 days after the submittal of each report
required by paragraph (1), the Secretary shall submit
to the congressional defense committees a report on the
support provided under this section during the first
half of the fiscal year in which the report under this
paragraph is submitted.
(3) Elements.--Each report required by this
subsection shall include the following:
(A) A summary of the ongoing irregular
warfare operations, and associated authorized
campaign plans, being conducted by United
States Special Operations Forces that were
supported or facilitated by foreign forces,
irregular forces, groups, or individuals for
which support was provided under this section
during the period covered by such report.
(B) A description of the support or
facilitation provided by such foreign forces,
irregular forces, groups, or individuals to
United States Special Operations Forces during
such period.
(C) The type of recipients that were
provided support under this section during such
period, identified by authorized category
(foreign forces, irregular forces, groups, or
individuals).
(D) A detailed description of the support
provided to the recipients under this section
during such period.
(E) The total amount obligated for support
under this section during such period,
including budget details.
(F) The intended duration of support
provided under this section during such period
(G) An assessment of value of the support
provided under this section during such period,
including a summary of significant activities
undertaken by foreign forces, irregular forces,
groups, or individuals to support irregular
warfare operations by United States Special
Operations Forces.
(H) The total amount obligated for support
under this section in prior fiscal years.
(i) Irregular Warfare Defined.--In this section, the term
``irregular warfare'' means activities in support of
predetermined United States policy and military objectives
conducted by, with, and through regular forces, irregular
forces, groups, and individuals participating in competition
between state and non-state actors short of traditional armed
conflict.
SEC. 1203. OBLIGATION OF FUNDS IN SPECIAL DEFENSE ACQUISITION FUND FOR
PRECISION GUIDED MUNITIONS.
(a) In General.--Section 114(c)(3) of title 10, United
States Code, is amended by striking ``Of the amount'' and all
that follows through ``only to procure'' and inserting ``Of the
amount of annual obligations from the Special Defense
Acquisition Fund in each of fiscal years 2018 through 2022, not
less than 20 percent shall be for funds to procure''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect as of October 1, 2017.
SEC. 1204. MODIFICATION OF DEFENSE INSTITUTION CAPACITY BUILDING AND
AUTHORITY TO BUILD CAPACITY OF FOREIGN SECURITY
FORCES.
(a) Defense Institution Capacity Building.--Section 332 of
title 10, United States Code, is amended--
(1) in subsection (a), by inserting ``and members
of the armed forces'' after ``civilian employees of the
Department of Defense'';
(2) in subsection (b)--
(A) in paragraph (1), by inserting ``to
assign civilian employees of the Department of
Defense and members of the armed forces as
advisors or trainers'' after ``carry out a
program''; and
(B) in paragraph (2)(B)--
(i) by striking ``employees'' in
each place it appears and inserting
``advisors or trainers''; and
(ii) by striking ``each assigned
employee's activities'' and inserting
``the activities of each assigned
advisor or trainer''; and
(3) in subsection (c)--
(A) in the matter preceding paragraph (1),
by inserting ``or a member of the armed
forces'' after ``a civilian employee of the
Department of Defense'';
(B) in paragraph (1), by striking
``employee as an advisor'' and inserting
``advisor or trainer''; and
(C) in paragraph (3), by striking
``employee'' and inserting ``advisor or
trainer''.
(b) Authority to Build Capacity of Foreign Security
Forces.--Subsection (c) of section 333 of title 10, United
States Code, is amended--
(1) in paragraph (2)--
(A) in subparagraph (A), by striking ``and
the rule of law'' and inserting ``the rule of
law, and civilian control of the military'';
and
(B) in subparagraph (B), by striking
``Respect for civilian control of the
military'' and inserting ``Institutional
capacity building'';
(2) in paragraph (3)--
(A) in the heading, by striking ``Human
rights training'' and inserting ``Observance of
and respect for the law of armed conflict,
human rights and fundamental freedoms, the rule
of law, and civilian control of the military'';
(B) by inserting ``or the Department of
State'' after ``Department of Defense''; and
(C) by striking ``human rights training
that includes a comprehensive curriculum on
human rights and the law of armed conflict''
and inserting ``training that includes a
comprehensive curriculum on the law of armed
conflict, human rights and fundamental
freedoms, and the rule of law, and that
enhances the capacity to exercise responsible
civilian control of the military''; and
(3) in paragraph (4)--
(A) in the first sentence, by striking
``that the Department is already undertaking,
or will undertake as part of the program'' and
all that follows and inserting ``that the
Department of Defense or another department or
agency is already undertaking, or will
undertake as part of the security sector
assistance provided to the foreign country
concerned, a program of institutional capacity
building with appropriate institutions of such
foreign country to enhance the capacity of such
foreign country to organize, administer,
employ, manage, maintain, sustain, or oversee
the national security forces of such foreign
country.''; and
(B) by striking the second sentence.
SEC. 1205. EXTENSION AND MODIFICATION OF AUTHORITY ON TRAINING FOR
EASTERN EUROPEAN NATIONAL SECURITY FORCES IN THE
COURSE OF MULTILATERAL EXERCISES.
(a) Two-Year Extension.--Subsection (h) of section 1251 of
the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 129 Stat. 1070; 10 U.S.C. 2282 note), as
amended by section 1233 of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2489),
is further amended--
(1) by striking ``September 30, 2018'' and
inserting ``December 31, 2020''; and
(2) by striking ``fiscal years 2016 through 2018''
and inserting ``for the period beginning on October 1,
2015, and ending on December 31, 2020''.
(b) Regulations for Administration of Incremental
Expenses.--Subsection (d) of such section, as so amended, is
further amended by adding at the end the following:
``(4) Regulations.--
``(A) In general.--The Secretary of Defense
shall prescribe regulations for payment of
incremental expenses under subsection (a). Not
later than 120 days after the date of the
enactment of this paragraph, the Secretary
shall submit the regulations to the Committee
on Armed Services of the Senate and the
Committee on Armed Services of the House of
Representatives.
``(B) Procedures to be included.--The
regulations required under subparagraph (A)
shall include procedures--
``(i) to require reimbursement of
incremental expenses from non-
developing countries determined
pursuant to subsection (c) to be
eligible for the provision of training
under subsection (a); and
``(ii) to provide for a waiver of
the requirement of reimbursement of
incremental expenses under clause (i),
on a case-by-case basis, if the
Secretary of Defense determines special
circumstances exist to provide for the
waiver.
``(C) Quarterly report.--The Secretary of
Defense shall submit to the congressional
defense committees and the Committee on Foreign
Relations of the Senate and the Committee on
Foreign Affairs of the House of
Representatives, on a quarterly basis, a report
that includes a description of each waiver of
the requirement of reimbursement of incremental
expenses under subparagraph (B)(i) that was in
effect at any time during the preceding
calendar quarter.
``(D) Non-developing country defined.--In
this paragraph, the term `non-developing
country' means a country that is not a
developing country, as such term is defined in
section 301(4) of title 10, United States
Code.''.
(c) Construction of Authority.--Subsection (f) of such
section, as so amended, is further amended--
(1) by striking ``subsection (a) is in addition''
and inserting the following: ``subsection (a)--
``(1) is in addition'';
(2) by striking the period at the end and inserting
``; and''; and
(3) by adding at the end the following:
``(2) shall not be construed to include authority
for the training of irregular forces, groups, or
individuals.''.
(d) Technical and Conforming Amendments.--Such section, as
so amended, is further amended--
(1) by striking ``military'' each place it appears
and inserting ``security'';
(2) in subsection (e), by striking ``that'' and
inserting ``than'';
(3) in subsection (f), by striking ``section 2282''
and inserting ``chapter 16''; and
(4) in subsection (g), by striking ``means'' and
all that follows and inserting ``has the meaning given
such term in section 301(5) of title 10, United States
Code.''.
SEC. 1206. GLOBAL SECURITY CONTINGENCY FUND.
Section 1207 of the National Defense Authorization Act for
Fiscal Year 2012 (22 U.S.C. 2151 note) is amended--
(1) in subsection (i), by striking ``September 30,
2017'' and inserting ``September 30, 2019''; and
(2) in subsection (p)--
(A) by striking ``September 30, 2017'' and
inserting ``September 30, 2019''; and
(B) by striking ``through 2017'' and
inserting ``through 2019''.
SEC. 1207. DEFENSE INSTITUTE OF INTERNATIONAL LEGAL STUDIES.
(a) In General.--The Secretary of Defense may operate an
institute to be known as the ``Defense Institute of
International Legal Studies'' (in this section referred to as
the ``Institute'') in accordance with this section to further
the United States security and foreign policy objectives of--
(1) promoting an understanding of and appreciation
for the rule of law; and
(2) encouraging the international development of
internal capacities of foreign governments for civilian
control of the military, military justice, the legal
aspects of peacekeeping, good governance and anti-
corruption in defense reform, and human rights.
(b) Activities.--In carrying out the purposes specified in
subsection (a), the Institute may conduct activities as
follows:
(1) Exchange of ideas on best practices and lessons
learned in order to improve compliance with
international legal norms.
(2) Education and training involving professional
legal engagement with foreign military personnel and
related civilians, both within and outside the United
States.
(3) Building the legal capacity of foreign military
and other security forces, including equitable,
transparent, and accountable defense institutions,
civilian control of the military, human rights, and
democratic governance.
(4) Institutional legal capacity building of
foreign defense and security institutions.
(c) Department of Defense Review.--
(1) In general.--The Secretary shall conduct a
comprehensive review of the mission, workforce,
funding, and other support of the Institute.
(2) Elements.--The review shall include, but not be
limited to, the following:
(A) An assessment of the scope of the
mission of the Institute, taking into account
the increasing security cooperation authorities
and requirements of the Department of Defense,
including core rule of law training in the
United States and abroad, defense legal
institution building, and statutorily required
human rights and legal capacity building of
foreign security forces.
(B) An assessment of the workforce of the
Institute, including whether it is
appropriately sized to align with the full
scope of the mission of the Institute.
(C) A review of the funding mechanisms for
the activities of the Institute, including the
current mechanisms for reimbursing the
Institute by the Department of State and by the
Department of Defense through the budget of the
Defense Security Cooperation Agency.
(D) An evaluation of the feasibility and
advisability of the provision of funds
appropriated for the Department of Defense
directly to the Institute, and the actions, if
any, required to authorize the Institute to
receive such funds directly.
(E) A description of the challenges, if
any, faced by the Institute to increase its
capacity to provide residence courses to meet
demands for training and assistance.
(F) An assessment of the capacity of the
Department of Defense to assess, monitor, and
evaluate the effectiveness of the human rights
training and other activities of the Institute.
(3) Report.--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
summarizing the findings of the review and any
recommendations for enhancing the capability of the
Institute to fulfill its mission that the Secretary
considers appropriate.
(d) Comptroller General of the United States Report.--
(1) In general.--Not later than 270 days after the
date of the enactment of this Act, the Comptroller
General of the United States shall submit to the
appropriate committees of Congress a report that sets
forth the following:
(A) A description of the mechanisms and
authorities used by the Department of Defense
and the Department of State to conduct training
of foreign security forces on human rights and
international humanitarian law.
(B) A description of the funding used to
support the training described in subparagraph
(A).
(C) A description and assessment of the
methodology used by each of the Department of
Defense and the Department of State to assess
the effectiveness of such training.
(D) Such recommendations for improvements
to such training as the Comptroller General
considers appropriate.
(E) Such other matters relating to such
training as the Comptroller General considers
appropriate.
(2) Appropriate committees of congress defined.--In
this subsection, the term ``appropriate committees of
Congress'' means--
(A) the Committee on Armed Services, the
Committee on Foreign Relations, and the
Committee on Appropriations of the Senate; and
(B) the Committee on Armed Services, the
Committee on Foreign Affairs, and the Committee
on Appropriations of the House of
Representatives.
SEC. 1208. EXTENSION OF PARTICIPATION IN AND SUPPORT OF THE INTER-
AMERICAN DEFENSE COLLEGE.
Subsection (c) of section 1243 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130
Stat. 2516; 10 U.S.C. 1050 note) is amended--
(1) in the heading, by striking ``Fiscal Year
2017'' and inserting ``Fiscal Years 2017, 2018, and
2019''; and
(2) by striking ``fiscal year 2017'' and inserting
``fiscal years 2017, 2018, and 2019''.
SEC. 1209. PLAN ON IMPROVEMENT OF ABILITY OF NATIONAL SECURITY FORCES
OF FOREIGN COUNTRIES PARTICIPATING IN UNITED STATES
CAPACITY BUILDING PROGRAMS TO PROTECT CIVILIANS.
(a) Report on Plan.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense and the
Secretary of State shall jointly submit to the appropriate
committees of Congress a report setting forth a plan, to be
implemented as part of appropriate capacity building programs
under section 333(c) of title 10, United States Code, to
improve the ability of national security forces of foreign
countries to protect civilians.
(b) Elements.--The plan required by subsection (a) shall
include the following:
(1) Efforts to develop and integrate principles and
techniques on the protection of civilians in relevant
partner force standard operating procedures.
(2) Efforts to build partner capacity to collect,
track, and analyze civilian casualty data and apply
lessons learned to future operations.
(3) Efforts to support enhanced investigatory and
accountability standards in partner forces in order to
ensure that such forces comply with the laws of armed
conflict and observe appropriate standards for human
rights and the protection of civilians.
(4) Efforts to increase partner transparency, which
may include the establishment of capabilities within
partner militaries to improve communication with the
public.
(5) The estimated resources required to implement
the efforts described in paragraphs (1) through (4).
(6) The appropriate roles of the Department of
Defense and the Department of State in such efforts.
(7) Any other matters the Secretary of Defense and
the Secretary of State consider appropriate.
(c) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services, the Committee
on Foreign Relations, and the Committee on
Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee
on Foreign Affairs, and the Committee on Appropriations
of the House of Representatives.
Subtitle B--Matters Relating to Afghanistan and Pakistan
SEC. 1211. EXTENSION OF AUTHORITY TO TRANSFER DEFENSE ARTICLES AND
PROVIDE DEFENSE SERVICES TO THE MILITARY AND
SECURITY FORCES OF AFGHANISTAN.
(a) Extension of Expiration.--Subsection (h) of section
1222 of the National Defense Authorization Act for Fiscal Year
2013 (Public Law 112-239; 126 Stat. 1992), as most recently
amended by section 1213 of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2478),
is further amended by striking ``December 31, 2017'' and
inserting ``December 31, 2018''.
(b) Excess Defense Articles.--Subsection (i)(2) of such
section 1222, as so amended, is further amended by striking
``December 31, 2017'' each place it appears and inserting
``December 31, 2018''.
SEC. 1212. EXTENSION AND MODIFICATION OF AUTHORITY FOR REIMBURSEMENT OF
CERTAIN COALITION NATIONS FOR SUPPORT PROVIDED TO
UNITED STATES MILITARY OPERATIONS.
(a) Extension.--Subsection (a) of section 1233 of the
National Defense Authorization Act for Fiscal Year 2008 (Public
Law 110-181; 122 Stat. 393), as most recently amended by
section 1218 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2482), is
further amended by striking ``the period beginning on October
1, 2016, and ending on December 31, 2017,'' and inserting ``the
period beginning on October 1, 2017, and ending on December 31,
2018,''.
(b) Limitations on Amounts Available.--Subsection (d)(1) of
such section 1233, as so amended, is further amended--
(1) in the first sentence, by striking ``during the
period beginning on October 1, 2016, and ending on
December 31, 2017, may not exceed $1,100,000,000'' and
inserting ``during the period beginning on October 1,
2017, and ending on December 31, 2018, may not exceed
$900,000,000''; and
(2) in the second sentence, by striking ``the
period beginning on October 1, 2016 and ending on
December 31, 2017, may not exceed $900,000,000'' and
inserting ``during the period beginning on October 1,
2017, and ending on December 31, 2018, may not exceed
$700,000,000''.
(c) Extension of Reporting Requirement on Reimbursement of
Pakistan for Security Enhancement Activities.--Subsection
(e)(2) of such section 1233, as added by section 1218 of the
National Defense Authorization Act for Fiscal Year 2017, is
amended by inserting ``and annually thereafter,'' after
``December 31, 2017,''.
(d) Extension of Notice Requirement Relating to
Reimbursement of Pakistan for Support Provided by Pakistan.--
Section 1232(b)(6) of the National Defense Authorization Act
for Fiscal Year 2008 (122 Stat. 393), as most recently amended
by section 1218(e) of the National Defense Authorization Act
for Fiscal Year 2017, is further amended by striking ``December
31, 2017'' and inserting ``December 31, 2018''.
(e) Extension of Limitation on Reimbursement of Pakistan
Pending Certification on Pakistan.--Section 1227(d)(1) of the
National Defense Authorization Act for Fiscal Year 2013 (Public
Law 112-239; 126 Stat. 2001), as most recently amended by
section 1218(f) of the National Defense Authorization Act for
Fiscal Year 2017, is further amended by striking ``for any
period prior to December 31, 2017'' and inserting ``for any
period prior to December 31, 2018''.
(f) Additional Limitation on Reimbursement of Pakistan
Pending Certification on Pakistan.--Of the total amount of
reimbursements and support authorized for Pakistan during
fiscal year 2018 pursuant to the second sentence of section
1233(d)(1) of the National Defense Authorization Act for Fiscal
Year 2008 (as amended by subsection (b)(2)), $350,000,000 shall
not be eligible for the waiver under section 1227(d)(2) of the
National Defense Authorization Act for Fiscal Year 2013 (126
Stat. 2001) unless the Secretary of Defense certifies to the
congressional defense committees that--
(1) Pakistan continues to conduct military
operations that are contributing to significantly
disrupting the safe havens, fundraising and recruiting
efforts, and freedom of movement of the Haqqani Network
in Pakistan;
(2) Pakistan has taken steps to demonstrate its
commitment to prevent the Haqqani Network from using
any Pakistan territory as a safe haven and for
fundraising and recruiting efforts;
(3) the Government of Pakistan is making an attempt
to actively coordinate with the Government of
Afghanistan to restrict the movement of militants, such
as the Haqqani Network, along the Afghanistan-Pakistan
border; and
(4) Pakistan has shown progress in arresting and
prosecuting senior leaders and mid-level operatives of
the Haqqani Network.
SEC. 1213. SPECIAL IMMIGRANT VISAS FOR AFGHAN ALLIES.
Section 602(b)(3)(F) of the Afghan Allies Protection Act of
2009 (8 U.S.C. 1101 note) is amended in the matter preceding
clause (i) by striking ``11,000'' and inserting ``14,500''.
SEC. 1214. EXTENSION OF AUTHORITY TO ACQUIRE PRODUCTS AND SERVICES
PRODUCED IN COUNTRIES ALONG A MAJOR ROUTE OF SUPPLY
TO AFGHANISTAN.
Section 801(f) of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2399), as
most recently amended by section 1212 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130
Stat. 2478), is further amended by striking ``December 31,
2018'' and inserting ``December 31, 2019''.
SEC. 1215. EXTENSION OF SEMIANNUAL REPORT ON ENHANCING SECURITY AND
STABILITY IN AFGHANISTAN.
Section 1225(a)(2) of the Carl Levin and Howard P. ``Buck''
McKeon National Defense Authorization Act for Fiscal Year 2015
(Public Law 113-291; 128 Stat. 3550), as amended by section
1215(a) of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 130 Stat. 2480), is further
amended by striking ``December 15, 2019'' and inserting
``December 15, 2020''.
SEC. 1216. HUMAN RIGHTS VETTING OF AFGHAN NATIONAL DEFENSE AND SECURITY
FORCES.
The Secretary of Defense may establish within the
Department of Defense one or more permanent positions to
oversee and support, in coordination with the Department of
State, the implementation of section 362 of title 10, United
States Code, with respect to the Afghan National Defense and
Security Forces.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
SEC. 1221. REPORT ON UNITED STATES STRATEGY IN SYRIA.
(a) In General.--Not later than February 1, 2018, the
President shall submit to the appropriate congressional
committees a report that describes the strategy of the United
States in Syria.
(b) Matters to Be Included.--The report required by
subsection (a) shall include each of the following:
(1) A description of--
(A) the key United States security
interests and the political and military
objectives, long-term goals, and end-states for
Syria; and
(B) indicators for the effectiveness of
efforts to achieve such objectives, goals, and
end-states.
(2) A description of United States assumptions
underlying current intelligence assessments, the roles
and ambitions of other countries, and the interests of
relevant Syrian groups with respect to such objectives.
(3) A description of how current military,
diplomatic, and humanitarian assistance efforts in
Syria align with such objectives.
(4) The estimated annual resources required through
fiscal year 2022 for the relevant departments and
agencies to achieve such objectives.
(5) An analysis of the threats posed to United
States interests, including to United States military
or civilian personnel in Syria or the surrounding
region, by Russian and Iranian activities in Syria, as
well as the threats posed to such interests or
personnel by the Islamic State of Iraq and Syria, Al
Qaeda, Hezbollah, and other violent extremist
organizations in Syria.
(6) A description of United States objectives for a
sustainable political settlement in Syria.
(7) A description of the coordination between the
Department of Defense and the Department of State
regarding the transition from military operations to
stabilization efforts in areas liberated from the
control of the Islamic State of Iraq and Syria,
including a description of how local governance and
civil society will be restored in areas secured through
coalition military operations in Syria.
(8) A description of the current and planned
response of the United States to the humanitarian
crisis in Syria as a result of attacks by the Syrian
Government on its people, including support for the
needs of refugees and internally displaced populations
and for improving access to humanitarian aid,
especially in areas where such aid has been blocked.
(9) A description of amounts and sources of Islamic
State of Iraq and Syria financing in Syria and efforts
to disrupt this financing as part of the broader
strategy of the United States in Syria.
(10) An assessment of the capabilities and
willingness of the Syrian government and its allies to
use chemical or other weapons of mass destruction
against its citizens or against United States and
associated military forces in Syria.
(11) A description of the roles and
responsibilities of United States allies and partners
and other countries in the region in establishing
regional stability.
(12) A description of all mechanisms for
coordination and deconfliction between the United
States and the governments of Russia and other state
actors in order to achieve the United States strategy
in Syria.
(13) A description of the current legal authorities
that support the strategy of the United States in Syria
and any additional legal authorities that may be
necessary to implement such strategy.
(14) A description of the military conditions that
must be met for the Islamic State of Iraq and Syria to
be considered defeated.
(15) Any other matters the President determines to
be relevant.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees; and
(2) the Committee on Foreign Affairs of the House
of Representatives and the Committee on Foreign
Relations of the Senate.
SEC. 1222. EXTENSION AND MODIFICATION OF AUTHORITY TO PROVIDE
ASSISTANCE TO COUNTER THE ISLAMIC STATE OF IRAQ AND
SYRIA.
(a) Authority.--Subsection (a) of section 1236 of the Carl
Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291; 128
Stat. 3559), as most recently amended by section 1222 of the
National Defense Authorization Act for Fiscal Year 2017 (Public
Law 114-328; 130 Stat. 2485), is further amended by striking
``December 31, 2018'' and inserting ``December 31, 2019''.
(b) Quarterly Progress Report.--Subsection (d) of such
section 1236, as most recently amended by section 1222 of the
National Defense Authorization Act for Fiscal Year 2016 (Public
Law 114-92; 129 Stat. 1049), is further amended--
(1) in the first sentence of the matter preceding
paragraph (1), by adding at the end before the period
the following: ``, which shall be provided in
unclassified form with a classified annex if
necessary''; and
(2) by adding at the end the following:
``(12) An assessment of--
``(A) security in liberated areas in Iraq;
``(B) the extent to which security forces
trained and equipped, directly or indirectly,
by the United States are prepared to provide
post-conflict stabilization and security in
such liberated areas; and
``(C) the effectiveness of security forces
in the post-conflict environment and an
identification of which such forces will
provide post-conflict stabilization and
security in such liberated areas.''.
(c) Clarification of Construction Authority.--
(1) Clarification.--Subsection (a) of such section
1236 is further amended by striking ``facility and
infrastructure repair and renovation,'' and inserting
``infrastructure repair and renovation, small-scale
construction of temporary facilities necessary to meet
urgent operational or force protection requirements
with a cost less than $4,000,000,''.
(2) Additional limitations and requirements.--Such
section 1236 is further amended by adding at the end
the following new subsections:
``(m) Limitation on Aggregate Cost of Construction, Repair,
and Renovation Projects.--The aggregate amount of construction,
repair, and renovation projects carried out under this section
in any fiscal year may not exceed $30,000,000.
``(n) Approval and Notice Before Certain Construction,
Repair, and Renovation Projects.--
``(1) Approval.--A construction, repair, or
renovation project costing more than $1,000,000 may not
be carried out under this section unless approved in
advance by the Commander of the United States Central
Command.
``(2) Notice.--When a decision is made to carry out
a construction, repair, or renovation project to which
paragraph (1) applies, the Commander of the United
States Central Command shall notify in writing the
appropriate committees of Congress of that decision,
including the justification for the project and the
estimated cost of the project. The project may be
carried out only after the end of the 21-day period
beginning on the date the notification is received by
the committees or, if earlier, the end of the 14-day
period beginning on the date on which a copy of the
notification is provided in an electronic medium
pursuant to section 480 of title 10, United States
Code.''.
(3) Element in quarterly reports on construction,
repair, and renovation.--Paragraph (8) of subsection
(d) of such section 1236 is amended to read as follows:
``(8) A list of new projects for construction,
repair, or renovation commenced during the period
covered by such progress report, and a list of projects
for construction, repair, or renovation continuing from
the period covered by the preceding progress report.''.
(d) Funding.--Subsection (g) of such section 1236, as most
recently amended by section 1222 of the National Defense
Authorization Act for Fiscal Year 2017, is further amended--
(1) by striking ``in the National Defense
Authorization Act for Fiscal Year 2017 for Overseas
Contingency Operations in title XV for fiscal year
2017'' and inserting ``for the Department of Defense
for Overseas Contingency Operations for fiscal year
2018''; and
(2) by striking ``$630,000,000'' and inserting
``$1,269,000,000''.
(e) Name of Islamic State or Iraq and Syria.--
(1) In general.--Such section 1236 is further
amended--
(A) in subsection (a)(1)--
(i) by striking ``the Levant'' and
inserting ``Syria''; and
(ii) by striking ``ISIL'' each
place it appears and inserting
``ISIS''; and
(B) in subsection (l)--
(i) in paragraph (1)(B)(i), by
striking ``the Levant (ISIL)'' and
inserting ``Syria (ISIS)''; and
(ii) in paragraph (2)(A), by
striking ``ISIL'' and inserting
``ISIS''.
(2) Heading amendment.--The heading of such section
1236 is amended to read as follows:
``SEC. 1236. AUTHORITY TO PROVIDE ASSISTANCE TO COUNTER THE ISLAMIC
STATE OF IRAQ AND SYRIA.''.
SEC. 1223. MODIFICATION OF AUTHORITY TO PROVIDE ASSISTANCE TO THE
VETTED SYRIAN OPPOSITION.
(a) Nature of Assistance.--Subsection (a) of section 1209
of the Carl Levin and Howard P. ``Buck'' McKeon National
Defense Authorization Act for Fiscal Year 2015 (Public Law 113-
291; 128 Stat. 3541), as amended by section 1221(a) of the
National Defense Authorization Act for Fiscal Year 2017 (Public
Law 114-328; 130 Stat. 2485), is further amended in the matter
preceding paragraph (1) by striking ``construction of training
and associated facilities'' and inserting ``construction and
repair of training and associated facilities or other
facilities necessary to meet urgent military operational
requirements of a temporary nature with a cost less than
$4,000,000''.
(b) Scope of Element on Construction Projects in Quarterly
Progress Reports.--Subsection (d)(9) of such section 1209 is
amended by inserting before the semicolon the following: ``,
including new construction or repair commenced during the
period covered by such progress report and construction and
repair continuing from the period covered by the preceding
progress report''.
(c) Information Accompanying Reprogramming Requests.--
Subsection (f)(2) of such section 1209, as amended by section
1221(b) of the National Defense Authorization Act for Fiscal
Year 2017, is further amended by adding at the end the
following new subparagraph:
``(C) A description of any material use of
assistance provided under subsection (a) by an
appropriately vetted recipient of such
assistance for a purpose other than the
purposes specified in subsection (a) that
occurred since the most recent reprogramming or
transfer request of the Secretary pursuant to
this subsection, which description shall set
forth, for each such material misuse, the
following:
``(i) The details of such material
misuse.
``(ii) The recipient or recipients
responsible for such material misuse.
``(iii) The consequences of such
material misuse.
``(iv) The actions taken by the
Secretary to remediate the causes and
effects of such material misuse.''.
(d) Limitation on Aggregate Cost of Construction and Repair
Projects.--Such section 1209 is further amended by adding at
the end the following new subsection:
``(l) Limitation on Aggregate Cost of Construction and
Repair Projects.--The aggregate amount of construction and
repair projects carried out under this section in any fiscal
year may not exceed $10,000,000.''.
(e) Approval and Notice Before Certain Construction and
Repair Projects.--Such section 1209 is further amended by
adding at the end the following new subsection:
``(m) Approval and Notice Before Certain Construction and
Repair Projects.--
``(1) Approval.--A construction or repair project
costing more than $1,000,000 may not be carried out
under this section unless approved in advance by the
Commander of the United States Central Command.
``(2) Notice.--When a decision is made to carry out
a construction or repair project to which paragraph (1)
applies, the Commander of the United States Central
Command shall notify in writing the appropriate
committees of Congress of that decision, including the
justification for the project and the estimated cost of
the project. The project may be carried out only after
the end of the 21-day period beginning on the date the
notification is received by the committees or, if
earlier, the end of the 14-day period beginning on the
date on which a copy of the notification is provided in
an electronic medium pursuant to section 480 of title
10, United States Code.''.
SEC. 1224. EXTENSION AND MODIFICATION OF AUTHORITY TO SUPPORT
OPERATIONS AND ACTIVITIES OF THE OFFICE OF SECURITY
COOPERATION IN IRAQ.
(a) Extension of Authority.--Subsection (f)(1) of section
1215 of the National Defense Authorization Act for Fiscal Year
2012 (10 U.S.C. 113 note) is amended by striking ``fiscal year
2017'' and inserting ``fiscal year 2018''.
(b) Amount Available.--
(1) In general.--Such section is further amended--
(A) in subsection (c), by striking ``fiscal
year 2017 may not exceed $70,000,000'' and
inserting ``fiscal year 2018 may not exceed
$42,000,000''; and
(B) in subsection (d), by striking ``fiscal
year 2017'' and inserting ``fiscal year 2018''.
(2) Limitation of use of fy18 funds pending plan.--
Of the amount available for fiscal year 2018 for
section 1215 of the National Defense Authorization Act
for Fiscal Year 2012, as amended by this section, not
more than 50 percent may be obligated or expended until
30 days after the date on which the plan required by
the joint explanatory statement to accompany the
conference report on S.2943 of the 114th Congress, the
National Defense Authorization Act for Fiscal Year
2017, and entitled ``To transition the activities
conducted by OSC-I but funded by the Department of
Defense to another entity or transition the funding of
such activities to another source'' is provided to the
appropriate committees of Congress.
(c) Clarification of OSC-I Mandate and Expansion of
Eligible Recipients.--Subsection (f) of such section 1215 is
further amended--
(1) in paragraph (1), by striking ``training
activities in support of Iraqi Ministry of Defense and
Counter Terrorism Service personnel'' and all that
follows and inserting ``activities to support the
following:
``(A) Defense institution building to
mitigate capability gaps and promote effective
and sustainable defense institutions.
``(B) Professionalization, strategic
planning and reform, financial management,
manpower management, and logistics management
of military and other security forces with a
national security mission.''; and
(2) in paragraph (2)--
(A) in the heading, by striking ``of
training''; and
(B) by striking ``training'' and inserting
``activities of the Office of Security
Cooperation in Iraq''.
SEC. 1225. MODIFICATION AND ADDITIONAL ELEMENTS IN ANNUAL REPORT ON THE
MILITARY POWER OF IRAN.
(a) In General.--Section 1245(b) of the National Defense
Authorization Act for Fiscal Year 2010 (10 U.S.C. 113 note) is
amended--
(1) in paragraph (5)--
(A) by inserting ``and from'' after
``transfers to'';
(B) by striking ``from non-Iranian
sources'' and inserting ``from or to non-
Iranian sources or destinations''; and
(C) by inserting before the period at the
end the following: ``, including transfers that
pertain to nuclear development, ballistic
missiles, and chemical, biological, and
advanced conventional weapons, weapon systems,
and delivery vehicles''; and
(2) by adding at the end the following new
paragraphs:
``(6) An assessment of the use of civilian
transportation assets and infrastructure, including
commercial aircraft, airports, commercial vessels, and
seaports, used to transport illicit military cargo to
or from Iran, including military personnel, military
goods, weapons, military-related electric parts, and
related components.
``(7) An assessment of military-to-military
cooperation between Iran and foreign counties,
including Cuba, North Korea, Pakistan, Sudan, Syria,
Venezuela, and any other country designated by the
Secretary of Defense with additional reference to
cooperation and collaboration on the development of
nuclear, biological, chemical, and advanced
conventional weapons, weapon systems, and delivery
vehicles.
``(8) An assessment of the extent to which the
commercial aviation sector of Iran knowingly provides
financial, material, or technological support to the
Islamic Revolutionary Guard Corps, the Ministry of
Defense and Armed Forces Logistics of Iran, the Bashar
al-Assad regime, Hezbollah, Hamas, Kata'ib Hezbollah,
or any other foreign terrorist organization.''.
(b) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act, and
shall apply with respect to reports required to be submitted
under section 1245 of the National Defense Authorization Act
for Fiscal Year 2010 after that date.
SEC. 1226. EXTENSION OF QUARTERLY REPORTS ON CONFIRMED BALLISTIC
MISSILE LAUNCHES FROM IRAN AND IMPOSITION OF
SANCTIONS IN CONNECTION WITH THOSE LAUNCHES.
Section 1226(e) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2487) is
amended by striking ``December 31, 2019'' and inserting
``December 31, 2022''.
SEC. 1227. LIMITATION ON USE OF FUNDS FOR PROVISION OF MAN-PORTABLE AIR
DEFENSE SYSTEMS TO THE VETTED SYRIAN OPPOSITION.
(a) Limitation.--If a determination is made during fiscal
year 2018 to use funds available to the Department of Defense
for that fiscal year to provide man-portable air defense
systems (MANPADs) to the vetted Syrian opposition pursuant to
the authority in section 1209 of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113-291; 128 Stat. 3541), such funds may
not be used for that purpose until--
(1) the Secretary of Defense and the Secretary of
State jointly submit to the appropriate congressional
committees a report on the determination; and
(2) 30 days elapse after the date of the submittal
of such report to the appropriate congressional
committees.
(b) Report Requirements.--The report under subsection (a)
shall set forth the following:
(1) A description of each element of the vetted
Syrian opposition that will provided man-portable air
defense systems as described in subsection (a),
including--
(A) the geographic location of such
element;
(B) a detailed intelligence assessment of
such element;
(C) a description of the alignment of such
element within the broader conflict in Syria;
and
(D) a description and assessment of the
assurance, if any, received by the commander of
such element in connection with the provision
of man-portable air defense systems.
(2) The number and type of man-portable air defense
systems to be so provided.
(3) The logistics plan for providing and
resupplying each element to be so provided man-portable
air defense systems with additional man-portable air
defense systems.
(4) The duration of support to be provided in
connection with the provision of man-portable air
defense systems.
(5) The justification for the provision of man-
portable air defense systems to each element of the
vetted Syrian opposition, including an explanation of
the purpose and expected employment of such systems.
(6) Any other matters that the Secretary of Defense
and the Secretary of State jointly consider
appropriate.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees'' has
the meaning given that term in section 1209(e)(2) of the Carl
Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291; 128
Stat. 3541).
SEC. 1228. REPORT ON AGREEMENT WITH THE GOVERNMENT OF THE RUSSIAN
FEDERATION ON THE STATUS OF SYRIA.
(a) In General.--Not later than 5 calendar days after
reaching any agreement with the Government of the Russian
Federation relating to a political settlement or long-term
territorial control in Syria, the President shall transmit to
Congress a report on the agreement.
(b) Matters to Be Included.--The report required by
subsection (a) shall include--
(1) the text of the agreement, including all
related materials and annexes;
(2) a list of all parties to the agreement;
(3) an explanation of each of the terms established
by the agreement;
(4) a description of each of the obligations
established by the agreement; and
(5) a description of any territorial demarcations,
apportionments, or areas of control contemplated by the
agreement.
Subtitle D--Matters Relating to the Russian Federation
SEC. 1231. EXTENSION OF LIMITATION ON MILITARY COOPERATION BETWEEN THE
UNITED STATES AND THE RUSSIAN FEDERATION.
Section 1232 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2488) is
amended--
(1) in subsection (a)--
(A) by inserting ``or 2018'' after ``fiscal
year 2017''; and
(B) by inserting ``in the fiscal year
concerned'' after ``may be used''; and
(2) in subsection (c), by inserting ``with respect
to funds for a fiscal year'' after ``the limitation in
subsection (a)''.
SEC. 1232. PROHIBITION ON AVAILABILITY OF FUNDS RELATING TO SOVEREIGNTY
OF THE RUSSIAN FEDERATION OVER CRIMEA.
(a) Prohibition.--None of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal
year 2018 for the Department of Defense may be obligated or
expended to implement any activity that recognizes the
sovereignty of the Russian Federation over Crimea.
(b) Waiver.--The Secretary of Defense, with the concurrence
of the Secretary of State, may waive the restriction on the
obligation or expenditure of funds required by subsection (a)
if the Secretary--
(1) determines that to do so is in the national
security interest of the United States; and
(2) submits a notification of the waiver, at the
time the waiver is invoked, to the Committee on Armed
Services and the Committee on Foreign Affairs of the
House of Representatives and the Committee on Armed
Services and the Committee on Foreign Relations of the
Senate.
SEC. 1233. SENSE OF CONGRESS ON EUROPEAN SECURITY.
(a) Findings.--Congress finds the following:
(1) Russia's ongoing aggressive actions, including
its invasions of Georgia in 2008 and Ukraine in 2014,
threats to North Atlantic Treaty Organization (NATO)
allies, rapid military modernization, advanced anti-
access and area denial capabilities, increasing
military activity in the Arctic region and
Mediterranean Sea, evolving nuclear doctrine and
capabilities, and violations of the Intermediate-Range
Nuclear Forces Treaty Between the United States of
America and the Union of Soviet Socialist Republics and
the Treaty on Open Skies, constitute a major challenge
to the security interests of the United States and its
allies and partners in Europe.
(2) Russia's ongoing malign influence activities,
including misinformation, disinformation, propaganda,
cyberattacks, election interference, active measures,
and hybrid warfare operations pose not only a threat to
the security interests of the United States and its
allies and partners in Europe, but to the integrity of
Western democracies and the institutions and alliances
they support.
(3) Russia's doctrine of ``escalate to de-
escalate'', along with its tactical nuclear
capabilities, threaten United States forces and
European allies and exacerbate the risk of
miscalculation and escalation in a crisis.
(4) The European Deterrence Initiative (EDI)
continues to improve credible deterrence against
Russian aggression by--
(A) training and equipping military forces
of NATO allies and European partners;
(B) enhancing the indications and warning,
interoperability, and logistics capabilities of
United States allies and partners; and
(C) improving the agility and flexibility
of partners and allies to address threats
across the full spectrum of domains.
(5) A strong NATO alliance is the cornerstone of
transatlantic security cooperation and the guarantor of
peace and stability in Europe.
(6) The steps taken at the NATO 2014 Wales Summit
and the NATO 2016 Warsaw Summit, including the adoption
and implementation of the Readiness Action Plan (RAP),
the formation of the Very High Joint Readiness Force
(VJTF), the Enhanced Forward Presence (EFP)
multinational battalions deployed to Estonia, Latvia,
Lithuania, and Poland, and the Tailored Forward
Presence in Romania and Bulgaria, have strengthened
NATO readiness and collective defense.
(7) Montenegro's accession into NATO is a strong
step toward strengthening the alliance, enhancing
security and stability in Southeastern Europe, and
reaffirming NATO's commitment to an ``Open Door''
policy.
(8) Cooperation with non-NATO allies and members of
the Partnership for Peace program enhances security and
stability in Europe.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States should support a Europe
whole, free, and at peace and the sovereign right of
all European states to pursue integration into the
Euro-Atlantic community through institutions such as
NATO and the European Union;
(2) the United States should develop and implement
a policy and strategy backed by all elements of United
States power to deter and, if necessary, defeat Russian
aggression, which will require--
(A) enhancing United States military
capability and capacity in Europe, including
strong consideration of investments in
increased permanently-stationed and continued
rotational forces as well as the facilities and
infrastructure necessary to support United
States presence and training with its allies
and partners; and
(B) strengthening United States capability
and capacity to counter malign Russian
influence, including Russian hybrid warfare
operations short of traditional armed conflict,
malicious Russian cyber activities, and
Russia's use of misinformation, disinformation,
and propaganda;
(3) investments that support the security and
stability of Europe, including the EDI, and support to
European countries in further developing their security
capabilities, are in the long-term national security
interests of the United States, and as such, funds for
such efforts should be included in the President's base
budget request for the Department of Defense in order
to fully support United States combat capability in
Europe, facilitate efficient planning and execution,
and ensure budgetary transparency;
(4) the United States should maintain an ironclad
commitment to its obligations under Article 5 of the
North Atlantic Treaty, which declares that an ``armed
attack against one or more [NATO allies] shall be
considered an attack against them all'';
(5) while NATO allies have made progress toward
high levels of defense spending, it is important that
all NATO allies fulfill their commitments to levels and
composition of defense expenditures as agreed upon at
the NATO 2014 Wales Summit and NATO 2016 Warsaw Summit
in order to uphold their obligations under Article 3 of
the North Atlantic Treaty to ``maintain and develop
their individual and collective capacity to resist
armed attack'';
(6) NATO allies should continue to coordinate
defense investments to both improve deterrence against
Russian aggression and more appropriately balance
defense spending across the alliance; and
(7) because the NATO alliance defends not only the
common security of the United States and its NATO
allies, but our common values as well, it is essential
that all NATO allies uphold their obligations under the
North Atlantic Treaty to ``safeguard the freedom,
common heritage and civilization of their peoples,
founded on the principles of democracy, individual
liberty and the rule of law''.
SEC. 1234. MODIFICATION AND EXTENSION OF UKRAINE SECURITY ASSISTANCE
INITIATIVE.
Section 1250 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1068), as
amended by section 1237 of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2494),
is further amended--
(1) in subsection (b), adding at the end the
following new paragraphs:
``(12) Treatment of wounded Ukrainian soldiers in
the United States in medical treatment facilities
through the Secretarial Designee Program, including
transportation, lodging, meals, and other appropriate
non-medical support in connection with such treatment,
and education and training for Ukrainian healthcare
specialists such that they can provide continuing care
and rehabilitation services for wounded Ukrainian
soldiers.
``(13) Air defense and coastal defense radars.
``(14) Naval mine and counter-mine capabilities.
``(15) Littoral-zone and coastal defense
vessels.'';
(2) in subsection (c)--
(A) in paragraph (1), by striking
``$175,000,000 of the funds available for
fiscal year 2017 pursuant to subsection
(f)(2)'' and inserting ``50 percent of the
funds available for fiscal year 2018 pursuant
to subsection (f)(3)'';
(B) in paragraph (2)--
(i) in the first sentence, by
striking ``, and potential
opportunities for privatization'' and
inserting ``, sustainment, and
inventory management''; and
(ii) in the second sentence, by
inserting after ``additional action is
needed'' the following: ``and a
description of the methodology used to
evaluate whether Ukraine has made
progress in defense institutional
reforms relative to previously
established goals and objectives''; and
(C) in paragraph (3)--
(i) by striking ``fiscal year
2017'' and inserting ``fiscal year
2018''; and
(ii) by striking ``, with not more
than $100,000,000 available for the
purposes as follows for any particular
country'';
(3) in subsection (f), by adding at the end the
following:
``(3) For fiscal year 2018, $350,000,000.''; and
(4) in subsection (h), by striking ``December 31,
2018'' and inserting ``December 31, 2020''.
SEC. 1235. LIMITATION ON AVAILABILITY OF FUNDS RELATING TO
IMPLEMENTATION OF THE OPEN SKIES TREATY.
(a) Limitation on Conduct of Flights.--
(1) In general.--None of the funds authorized to be
appropriated by this Act or otherwise made available
for any fiscal year after fiscal year 2017 for the
Department of Defense for operation and maintenance,
Defense-wide, or operation and maintenance, Air Force,
may be obligated or expended to conduct any flight
during such fiscal year for purposes of implementing
the Open Skies Treaty until the date that is seven days
after the date on which the President submits to the
appropriate congressional committees a plan described
in paragraph (2) with respect to such fiscal year.
(2) Plan described.--The plan described in this
paragraph is a plan developed by the Secretary of
Defense, in coordination with the Secretary of State,
the Chairman of the Joint Chiefs of Staff, and the
Director of National Intelligence, that contains a
description of the objectives for all planned flights
described in paragraph (1) during such fiscal year.
(3) Update.--To the extent necessary and
appropriate, the Secretary of Defense, in coordination
with the Secretary of State, the Chairman of the Joint
Chiefs of Staff, and the Director of National
Intelligence, may update the plan described in
paragraph (2) with respect to a fiscal year and submit
the updated plan to the appropriate congressional
committees.
(4) Appropriate congressional committees defined.--
In this subsection, the term ``appropriate
congressional committees'' means--
(A) the congressional defense committees;
and
(B) the Select Committee on Intelligence
and Committee on Foreign Relations of the
Senate and the Permanent Select Committee on
Intelligence and the Committee on Foreign
Affairs of the House of Representatives.
(5) Sunset.--The requirements of this subsection
shall terminate on the date that is five years after
the date of the enactment of this Act.
(b) Prohibition on Activities to Modify United States
Aircraft.--
(1) In general.--None of the funds authorized to be
appropriated by this Act or otherwise made available
for fiscal year 2018 for research, development, test,
and evaluation, Air Force, for arms control
implementation (PE 0305145F) or procurement, Air Force,
for digital visual imaging system (BA-05, Line Item
#1900) may be obligated or expended to carry out any
activities to modify any United States aircraft for
purposes of implementing the Open Skies Treaty until
the Secretary of Defense submits to the appropriate
congressional committees the certification described in
paragraph (2) and the President submits to the
appropriate congressional committees the certification
described in paragraph (3).
(2) Certification by secretary of defense.--The
certification described in this paragraph is a
certification that contains a determination of the
Secretary of Defense, without delegation, that
modification of digital visual imaging systems in
United States OC-135 aircraft under the Open Skies
Treaty will provide superior digital imagery as
compared to digital imagery that is available to the
Department of Defense on a commercial basis.
(3) Certification by president.--
(A) In general.--The certification
described in this paragraph is a certification
of the President that--
(i) the President has imposed
treaty violations responses and legal
countermeasures on the Russian
Federation for its violations of the
Open Skies Treaty; and
(ii) the President has fully
informed the appropriate congressional
committees of such responses and
countermeasures.
(B) Delegation.--The President may delegate
the responsibility for making a certification
under subparagraph (A) to the Secretary of the
State.
(4) Appropriate congressional committees defined.--
In this subsection, the term ``appropriate
congressional committees'' means--
(A) the congressional defense committees;
and
(B) the Committee on Foreign Relations of
the Senate and the Committee on Foreign Affairs
of the House of Representatives.
(c) Open Skies Treaty Defined.--In this section, the term
``Open Skies Treaty'' means the Treaty on Open Skies, done at
Helsinki March 24, 1992, and entered into force January 1,
2002.
SEC. 1236. SENSE OF CONGRESS ON IMPORTANCE OF NUCLEAR CAPABILITIES OF
NATO.
(a) Findings.--Congress finds the following:
(1) The Warsaw Summit Communique, issued on July 9,
2016, by the North Atlantic Treaty Organization (in
this section referred to as ``NATO'') clearly defines
the need for, and the importance of, the nuclear
mission of NATO.
(2) The Warsaw Summit Communique states--
(A) with respect to the nuclear deterrence
capability of NATO, ``As a means to prevent
conflict and war, credible deterrence and
defence is essential. Therefore, deterrence and
defence, based on an appropriate mix of
nuclear, conventional, and missile defence
capabilities, remains a core element of our
overall strategy. . . The fundamental purpose
of NATO's nuclear capability is to preserve
peace, prevent coercion, and deter aggression.
Nuclear weapons are unique. Any employment of
nuclear weapons against NATO would
fundamentally alter the nature of a conflict.
The circumstances in which NATO might have to
use nuclear weapons are extremely remote'';
(B) with respect to the nature of the
nuclear deterrence posture of NATO, ``NATO must
continue to adapt its strategy in line with
trends in the security environment-including
with respect to capabilities and other measures
required-to ensure that NATO's overall
deterrence and defence posture is capable of
addressing potential adversaries' doctrine and
capabilities, and that it remains credible,
flexible, resilient, and adaptable.''; and
(C) with respect to the importance of
contributions to the nuclear deterrence mission
from across the NATO alliance, ``The strategic
forces of the Alliance, particularly those of
the United States, are the supreme guarantee of
the security of the Allies. The independent
strategic nuclear forces of the United Kingdom
and France have a deterrent role of their own
and contribute to the overall security of the
Alliance. These Allies' separate centres of
decision-making contribute to deterrence by
complicating the calculations of potential
adversaries. NATO's nuclear deterrence posture
also relies, in part, on United States' nuclear
weapons forward-deployed in Europe and on
capabilities and infrastructure provided by
Allies concerned. These Allies will ensure that
all components of NATO's nuclear deterrent
remain safe, secure, and effective. That
requires sustained leadership focus and
institutional excellence for the nuclear
deterrence mission and planning guidance
aligned with 21st century requirements. The
Alliance will ensure the broadest possible
participation of Allies concerned in their
agreed nuclear burden-sharing arrangements.''.
(3) Secretary of Defense James Mattis, in response
to the advance policy questions for his Senate
confirmation hearing on January 12, 2017, stated that--
(A) ``NATO's nuclear deterrence posture
relies in part on U.S. nuclear weapons forward-
deployed in Europe and on capabilities and
infrastructure provided by NATO allies. These
capabilities include dual-capable aircraft that
contribute to current burden-sharing
arrangements within NATO. In general, we must
take care to maintain this particular
capability, and to modernize it appropriately
and in a timely fashion.''; and
(B) the role of the nuclear weapons of the
United States is ``to deter nuclear war and to
serve as last resort weapons of self-defense.
In this sense, U.S. nuclear weapons are
fundamental to our nation's security and have
historically provided a deterrent against
aggression and security assurance to U.S.
allies. A robust, flexible, and survivable U.S.
nuclear arsenal underpins the U.S. ability to
deploy conventional forces worldwide.''.
(4) On March 28, 2017, General Curtis Scaparrotti,
Commander of the United States European Command and the
Supreme Allied Commander, Europe, testified to the
Committee on Armed Services of the House of
Representatives that ``NATO and U.S. nuclear forces
continue to be a vital component of our deterrence. Our
modernization efforts are crucial; we must preserve a
ready, credible, and safe nuclear capability.''.
(5) The Russian Federation is currently undergoing
significant modernization and recapitalization of all
three legs of its nuclear triad, continues to field and
modernize a large variety of non-strategic nuclear
weapons, and is developing and deploying new and unique
nuclear capabilities.
(6) Russia remains in violation of the INF Treaty
due to the development, testing, and, most recently,
the operational deployment of ground-launched cruise
missiles in violation of the INF Treaty.
(7) On March 28, 2017, General Paul Selva, Vice
Chairman of the Joint Chiefs of Staff, described the
security consequences of the deployment of such INF
Treaty-violating missiles, testifying to the Committee
on Armed Services of the House of Representatives that
``our assessment of the impact is that it more
threatens NATO and infrastructure within the European
continent than any other...area of the world that we
have national interests in or alliance interests in.''.
(8) On March 28, 2017, General Curtis Scaparrotti,
in testimony before the Committee on Armed Services of
the House of Representatives, responded to a question
asking if Russia intends to return to compliance with
the INF Treaty by stating, ``I don't have any
indication that they will at this time.''.
(9) Rhetoric from Russian officials has
demonstrated that Moscow has sought to leverage its
nuclear arsenal to threaten and intimidate neighboring
countries, including members of NATO, as was the case
when the Russian Ambassador to Denmark stated, ``Danish
warships will be targets for Russian nuclear missiles''
in response to Denmark's potential cooperation in the
NATO missile defense system.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the nuclear and conventional deterrence
capabilities of NATO are of critical importance to the
security of the United States and of the NATO alliance,
and must continue to adapt to the changed security
environment in Europe;
(2) the ability of the United States to forward-
deploy dual-capable aircraft and nuclear weapons, and
of select members of NATO to participate in the nuclear
deterrence mission of NATO by hosting forward-deployed
nuclear weapons of the United States or operating dual-
capable aircraft, is central to the credibility of the
nuclear deterrence and defense posture of NATO;
(3) the strategic forces of the United States, the
independent nuclear forces of the United Kingdom and
the French Republic, and the dual-capable aircraft
operated by the United States and other members of NATO
constitute foundational elements of the nuclear
deterrence and defense posture of NATO;
(4) NATO should modernize its nuclear-related
infrastructure to ensure the highest-level of safety
and security;
(5) effective deterrence requires NATO to conduct
nuclear planning and exercises aligned with 21st
century requirements and modernize nuclear-related
capabilities and infrastructure, including dual-capable
aircraft, command and control networks, and facilities;
and
(6) to ensure the continued credibility of the
deterrence and defense posture of NATO, the planned
completion of F-35A aircraft development and testing,
as well as the delivery of such aircraft to members of
NATO, must not be delayed.
(c) INF Treaty Defined.--In this section, the term ``INF
Treaty'' means the Treaty Between the United States of America
and the Union of Soviet Socialist Republics on the Elimination
of Their Intermediate-Range and Shorter-Range Missiles,
commonly referred to as the ``Intermediate- Range Nuclear
Forces (INF) Treaty'', signed at Washington December 8, 1987,
and entered into force June 1, 1988.
SEC. 1237. REPORT ON SECURITY COOPERATION WITH RESPECT TO WESTERN
BALKAN COUNTRIES.
(a) In General.--Not later than 180 days after the
enactment of this Act, the Secretary of Defense, with the
concurrence of the Secretary of State, shall submit to the
congressional defense committees and the Committees on Foreign
Relations of the Senate and the Committee on Foreign Affairs of
the House of Representatives a report on security cooperation
with respect to Western Balkan countries.
(b) Matters to Be Included.--The report required under
subsection (a) shall include the following:
(1) An assessment of security cooperation between
each Western Balkan country and the Russian Federation,
including the following:
(A) A list of Russian weapons systems and
other military hardware and technology valued
at $1,000,000 or more that have been provided
to or purchased by each Western Balkan country
since 2012.
(B) A description of the participation of
each Western Balkan country's security forces
in training or exercises with the Russian
Federation since 2012.
(C) A description of any security
cooperation agreements each Western Balkan
country has entered into with the Russian
Federation.
(D) An assessment of intelligence
cooperation between each Western Balkan country
and the Russian Federation.
(E) An assessment of how security
cooperation between each Western Balkan country
and the Russian Federation affects the security
interests of the United States, the North
Atlantic Treaty Organization (NATO), the
Western Balkan country, and each NATO member
state that borders the Western Balkan country.
(2) An assessment of security cooperation between
each Western Balkan country and the United States,
including the following:
(A) A list of United States weapons systems
and other military hardware and technology
valued at $1,000,000 or more that have been
provided to or purchased by each Western Balkan
country since 2012.
(B) A description of the participation of
each Western Balkan country's security forces
in training or exercises with the United States
since 2012.
(C) A description of any security
cooperation agreements each Western Balkan
country has entered into with the United
States.
(D) An assessment of intelligence
cooperation between each Western Balkan country
and the United States.
(3) An assessment of security cooperation between
each Western Balkan country and NATO.
(4) A description of each Western Balkan country's
participation and activities in NATO's Partnership for
Peace program, if applicable.
(c) Form.--The report required under subsection (a) shall
be submitted in unclassified form, but may include a classified
annex.
(d) Definition.--The term ``Western Balkan countries''
means--
(1) Serbia;
(2) Bosnia and Herzegovina;
(3) Kosovo; and
(4) Macedonia.
SEC. 1238. PLAN TO RESPOND IN CASE OF RUSSIAN NONCOMPLIANCE WITH THE
NEW START TREATY.
(a) In General.--Not later than 30 days after the date of
the enactment of this Act, the President shall submit to the
congressional defense committees, the Committee on Foreign
Affairs of the House of Representatives, and the Committee on
Foreign Relations of the Senate a report--
(1) describing the options available in response to
a failure by Russia to achieve the reductions required
by the New START Treaty before February 5, 2018; and
(2) including the assessment of the Secretary of
Defense whether such a failure would constitute a
material breach of the New START Treaty, providing
grounds for the United States to withdraw from the
treaty.
(b) Options Described.--The report required under
subsection (a) shall specifically describe options to respond
to such a failure relating to the following:
(1) Economic sanctions.
(2) Diplomacy.
(3) Additional deployment of ballistic or cruise
missile defense capabilities, or other United States
capabilities that would offset any potential Russian
military advantage from such a failure.
(4) Redeployment of United States nuclear forces
beyond the levels required by the New START Treaty, and
the associated costs and impacts on United States
operations.
(5) Legal countermeasures available under other
treaties between the United States and Russia,
including under the Treaty on Open Skies, done at
Helsinki March 24, 1992, and entered into force January
1, 2002.
(c) New START Treaty.--In this section, the term ``New
START Treaty'' means the Treaty between the United States of
America and the Russian Federation on Measures for the Further
Reduction and Limitation of Strategic Offensive Arms, signed at
Prague April 8, 2010, and entered into force February 5, 2011.
SEC. 1239. STRATEGY TO COUNTER THREATS BY THE RUSSIAN FEDERATION.
(a) Strategy Required.--The Secretary of Defense, in
coordination with the Secretary of State and in consultation
with each of the Secretaries of the military departments, the
Joint Chiefs of Staff, and the commanders of each of the
regional and functional combatant commands, shall develop and
implement a comprehensive strategy to counter threats by the
Russian Federation.
(b) Report Required.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
Defense shall submit to the appropriate congressional
committees a report on the strategy required by
subsection (a).
(2) Elements.--The report required by this
subsection shall include the following elements:
(A) An evaluation of strategic objectives
and motivations of the Russian Federation.
(B) A detailed description of Russian
threats to the national security of the United
States, including threats that may pose
challenges below the threshold of armed
conflict.
(C) A discussion of how the strategy
complements the National Defense Strategy and
the National Military Strategy.
(D) A discussion of the ends, ways, and
means inherent to the strategy.
(E) A discussion of the strategy's
objectives with respect to deterrence,
escalation control, and conflict resolution.
(F) A description of the military
activities across geographic regions and
military functions and domains that are
inherent to the strategy.
(G) A description of the posture, forward
presence, and readiness requirements inherent
to the strategy.
(H) A description of the roles of the
United States Armed Forces in implementing the
strategy, including--
(i) the role of United States
nuclear capabilities;
(ii) the role of United States
space capabilities;
(iii) the role of United States
cyber capabilities;
(iv) the role of United States
conventional ground forces;
(v) the role of United States naval
forces;
(vi) the role of United States air
forces; and
(vii) the role of United States
special operations forces.
(I) An assessment of the force requirements
needed to implement and sustain the strategy.
(J) A description of the logistical
requirements needed to implement and sustain
the strategy.
(K) An assessment of the technological
research and development requirements needed to
implement and sustain the strategy.
(L) An assessment of the training and
exercise requirements needed to implement and
sustain the strategy.
(M) An assessment of the budgetary resource
requirements needed to implement and sustain
the strategy through December 31, 2030.
(N) An analysis of the adequacy of current
authorities and command structures for
countering unconventional warfare.
(O) Recommendations for improving the
counter-unconventional warfare capabilities,
authorities, and command structures of the
Department of Defense.
(P) A discussion of how the strategy
provides a framework for future planning and
investments in regional defense initiatives,
including the European Deterrence Initiative.
(Q) A plan to increase conventional
precision strike weapon stockpiles in the
United States European Command's areas of
responsibility, which shall include necessary
increases in the quantities of such stockpiles
that the Secretary of Defense determines will
enhance deterrence and warfighting capability
of the North Atlantic Treaty Organization
forces.
(R) A plan to counter the military
capabilities of the Russian Federation, which,
in addition to elements the Secretary of
Defense determines to be appropriate, shall
include recommendations for--
(i) improving the capability of
United States Armed Forces to operate
in a Global Positioning System (GPS)-
denied or GPS-degraded environment;
(ii) improving the capability of
United States Armed Forces to counter
Russian unmanned aircraft systems,
electronic warfare, and long-range
precision strike capabilities; and
(iii) countering unconventional
capabilities and hybrid threats from
the Russian Federation.
(3) Form.--The report required by this subsection
shall be submitted in unclassified form but may contain
a classified annex.
SEC. 1239A. STRATEGY TO COUNTER THE THREAT OF MALIGN INFLUENCE BY THE
RUSSIAN FEDERATION.
(a) Strategy.--
(1) In general.--The Secretary of Defense and the
Secretary of State, in coordination with the
appropriate United States Government officials, shall
jointly develop a comprehensive strategy to counter the
threat of malign influence by the Russian Federation.
(2) Scope of strategy.--The strategy required by
paragraph (1) shall include the following actions:
(A) To attribute, defend against, and
counter hybrid warfare operations short of
traditional armed conflict against the United
States and its allies and partners.
(B) To deter, and respond when necessary,
to malicious cyber activities by the Russian
Federation.
(C) To identify and defend against the
threat of malign influence by the Russian
Federation, including actions to counter--
(i) the use of misinformation,
disinformation, and propaganda in
social and traditional media;
(ii) corrupt or illicit financing
of political parties, think tanks,
media organizations, and academic
institutions; and
(iii) the use of coercive economic
tools, including sanctions, market
access, cryptocurrencies, and
differential pricing, especially in the
energy sector.
(D) To promote the core values and
principles of the United States, enhance the
transatlantic relationship, strengthen good
governance and democracy among European allies
and partners, and further integration into
multilateral institutions underpinning the
global order, including the North Atlantic
Treaty Organization (NATO) and the European
Union.
(b) Elements.--The strategy required by subsection (a)
shall include the following elements:
(1) Security measures.--Actions to counter the use
of force, coercion, and other hybrid warfare operations
of the military, intelligence, and other security
forces, including irregulars, groups, or individuals,
of the Russian Federation, including the following:
(A) Actions to build the military presence
and capabilities of military and security
forces of the United States and European allies
and partners to deter and respond to aggression
by the Russian Federation.
(B) Actions to improve indications and
warnings, and capabilities to identify and
attribute responsibility for the use of force,
coercion, or other hybrid warfare operations by
the Russian Federation.
(C) Actions to support NATO allies and non-
NATO partners in maintaining their sovereignty
and territorial integrity.
(2) Information operations.--Actions to counter
information operations of the Russian Federation,
including the following:
(A) Actions to identify, attribute, and
counter malign disinformation, active measures,
propaganda, and deception and denial activities
of the Russian Federation in the United States
and Europe, through traditional and social
media.
(B) To enhance joint, regional, and
combined information operations and strategic
communication strategies to counter Russian
Federation information warfare, malign
influence, and propaganda activities and
increase cooperation, exercises, and policy
development with the NATO Strategic
Communications Center of Excellence.
(C) The establishment of interagency
mechanisms for the coordination and
implementation of the strategy with respect to
disinformation, active measures, propaganda,
and deception and denial activities of the
Russian Federation.
(D) Actions to strengthen the effectiveness
of and fully resource the Global Engagement
Center to carry out its purpose specified in
section 1287(a)(2) of National Defense
Authorization Act for Fiscal Year 2017 (22
U.S.C. 2656 note) to lead, synchronize, and
coordinate efforts of the Federal Government to
recognize, understand, expose, and counter
propaganda and disinformation efforts by the
Russian Federation, other foreign governments,
and non-state actors.
(E) Programs to strengthen investigative
journalism and media independence abroad in
countries most vulnerable to malign influence
by the Russian Federation.
(F) Actions to build resilience to
disinformation, active measures, propaganda,
and deception and denial activities of the
Russian Federation in the United States and
other countries vulnerable to malign influence
by the Russian Federation.
(G) Efforts to work with traditional and
social media providers to attribute and counter
the threat of malign influence by the Russian
Federation.
(3) Cyber measures.--Actions to counter the threat
of malign influence by the Russian Federation in
cyberspace, including the following:
(A) To increase inclusion of regional cyber
planning within larger United States joint
planning exercises in the European region and
increase joint exercises and policy development
through the NATO Cooperative Cyber Defense
Center of Excellence.
(B) To identify potential areas of
cybersecurity collaboration and partnership
capabilities with NATO and other European
allies and partners.
(C) Programs to educate citizens,
information and communications technology
experts, and private sector organizations in
the United States and abroad to enhance their
resilience to malign influence by the Russian
Federation in cyberspace.
(4) Political and diplomatic measures.--Actions to
counter malign political influence by the Russian
Federation in the United States and among European
allies and partners, including the following:
(A) Programs and activities to enhance the
resilience of United States democratic
institutions and infrastructure at the national
and subnational levels.
(B) Programs working through the Department
of State and the United States Agency for
International Development to promote good
governance and enhance democratic institutions
abroad, particularly in countries deemed most
vulnerable to malign influence by the Russian
Federation.
(C) Actions within the United Nations, the
Organization for Security and Cooperation in
Europe, and other multi-lateral organizations
to counter malign influence by the Russian
Federation.
(D) Actions to identify organizations or
networks of individuals affiliated or
collaborating with the Government of the
Russian Federation or proxies of the Russian
Federation in the United States or European
allies and partners.
(5) Financial measures.--Actions to counter corrupt
and illicit financial networks of the Russian
Federation in the United States and abroad, including
the following:
(A) Actions to promote the transparency of
corrupt and illicit financial transactions of
the Russian Federation, and other anti-
corruption measures.
(B) Actions to maintain and enhance the
focus within the Department of the Treasury on
tracing corrupt and illicit financial flows
linked to the Russian Federation that interact
with the United States financial system and
exposing beneficial ownership and opaque
Russia-related business transactions of
significant importance.
(C) Actions to build the capacity of
financial intelligence units of allies and
partners.
(D) Actions to enhance financial
intelligence cooperation between the United
States and the European Union.
(6) Energy security measures.--Actions to promote
the energy security of European allies and partners,
and to reduce their dependence on energy imports from
the Russian Federation that the Russian Federation uses
as a weapon to coerce, intimidate, and influence those
countries, including the following:
(A) Actions to develop plans, working with
the governments of European allies and partners
to enhance energy market liberalization,
effective regulation and oversight, energy
reliability, and energy efficiency.
(B) Actions to work with the European Union
to promote the growth of liquefied natural gas
trade and expansion of the gas transport
infrastructure in Europe.
(C) Actions to promote a dialogue within
the NATO on a coherent, strategic approach to
energy security for NATO members and partner
nations.
(7) Promotion of values.--Actions to promote United
States values and principles to provide a strong,
credible alternative to malign influence by the Russian
Federation, including the following:
(A) Actions to promote alliance structure,
the importance of transatlantic security as it
relates to United States national security, and
the continued integration of countries within
multilateral institutions within Europe.
(B) Public diplomacy and outreach to the
people of the Russian Federation.
(c) Consistency With Other Laws.--The strategy required by
subsection (a) shall be consistent with the following:
(1) The Countering America's Adversaries Through
Sanctions Act (Public law 115-44).
(2) The Ukraine Freedom Support Act of 2014 (22
U.S.C. 8921 et seq.).
(3) The Support for the Sovereignty, Integrity,
Democracy, and Economic Stability of Ukraine Act of
2014 (22 U.S.C. 8901 et seq.).
(4) The Sergei Magnitsky Rule of Law Accountability
Act of 2012 (22 U.S.C. 5811 note).
(d) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense and the
Secretary of State shall jointly submit to the appropriate
committees of Congress a report detailing the strategy required
by subsection (a).
(e) Appropriate Committees of Congress Defined.--In the
section the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee
on Foreign Relations, the Committee on Appropriations,
the Committee on the Judiciary, the Committee on
Banking, Housing and Urban Affairs, and the Select
Committee on Intelligence of the Senate; and
(2) the Committee on Armed Services, the Committee
on Foreign Affairs, the Committee on Appropriations,
the Committee on the Judiciary, the Committee on
Financial Services, and the Permanent Select Committee
on Intelligence of the House of Representatives.
Subtitle E--Intermediate-Range Nuclear Forces (INF) Treaty Preservation
Act of 2017
SEC. 1241. SHORT TITLE.
This subtitle may be cited as the ``Intermediate-Range
Nuclear Forces (INF) Treaty Preservation Act of 2017''.
SEC. 1242. FINDINGS.
Congress makes the following findings:
(1) The 2014, 2015, and 2016 Department of State
reports entitled, ``Adherence to and Compliance with
Arms Control, Nonproliferation, and Disarmament
Agreements and Commitments'', all stated that the
United States has determined that ``the Russian
Federation is in violation of its obligations under the
INF Treaty not to possess, produce, or flight-test a
ground-launched cruise missile (GLCM) with a range
capability of 500 km to 5,500 km, or to possess or
produce launchers of such missiles''.
(2) The 2016 report also noted that ``the cruise
missile developed by Russia meets the INF Treaty
definition of a ground-launched cruise missile with a
range capability of 500 km to 5,500 km, and as such,
all missiles of that type, and all launchers of the
type used or tested to launch such a missile, are
prohibited under the provisions of the INF Treaty''.
(3) Potential consistency and compliance concerns
regarding the INF Treaty noncompliant GLCM have existed
since 2008, were not officially raised with the Russian
Federation until 2013, and were not briefed to the
North Atlantic Treaty Organization (NATO) until January
2014.
(4) The United States Government is aware of other
consistency and compliance concerns regarding Russia
actions vis-a-vis its INF Treaty obligations.
(5) Since 2013, senior United States officials,
including the President, the Secretary of State, and
the Chairman of the Joint Chiefs of Staff, have raised
Russian noncompliance with the INF Treaty to their
counterparts, but no progress has been made in bringing
the Russian Federation back into compliance with the
INF Treaty.
(6) In April 2014, General Breedlove, the Supreme
Allied Commander Europe, correctly stated, ``A weapon
capability that violates the INF, that is introduced
into the greater European land mass, is absolutely a
tool that will have to be dealt with . . . It can't go
unanswered.''.
(7) The Department of Defense in its September 2013
report, Report on Conventional Prompt Global Strike
Options if Exempt from the Restrictions of the
Intermediate-Range Nuclear Forces Treaty Between the
United States of America and the Union of Soviet
Socialist Republics, stated that it has multiple
validated military requirement gaps due to the
prohibitions imposed on the United States as a result
of its compliance with the INF Treaty.
(8) It is not in the national security interests of
the United States to be unilaterally legally prohibited
from developing dual-capable ground-launched cruise
missiles with ranges between 500 and 5,500 kilometers,
while Russia makes advances in developing and fielding
this class of weapon systems, and such unilateral
limitation cannot be allowed to continue indefinitely.
(9) Admiral Harry Harris, Jr., Commander of the
United States Pacific Command, testified before the
Senate Armed Services Committee on April 27, 2017, that
``[W]e're in a multi-polar world where we have a lot of
countries who are developing these weapons, including
China, that I worry about. And I worry about their DF-
21 and DF-26 missile programs, their anti-carrier
ballistic missile programs, if you will. INF doesn't
address missiles launched from ships or airplanes, but
it focuses on those land-based systems. I think there's
goodness in the INF treaty, anything you can do to
limit nuclear weapons writ-large is generally good. But
the aspects of the INF Treaty that limit our ability to
counter Chinese and other countries' land-based
missiles, I think, is problematic.''.
(10) A material breach of the INF Treaty by the
Russian Federation affords the United States the right
to invoke legal countermeasures which include
suspension of the treaty in whole or in part.
(11) Article XV of the INF Treaty provides that
``Each Party shall, in exercising its national
sovereignty, have the right to withdraw from this
Treaty if it decides that extraordinary events related
to the subject matter of this Treaty have jeopardized
its supreme interests.''.
SEC. 1243. COMPLIANCE ENFORCEMENT REGARDING RUSSIAN VIOLATIONS OF THE
INF TREATY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the actions undertaken by the Russian
Federation in violation of the INF Treaty constitute a
material breach of the treaty;
(2) in light of the Russian Federation's material
breach of the INF Treaty, the United States is legally
entitled to suspend the operation of the INF Treaty in
whole or in part for so long as the Russian Federation
continues to be in material breach; and
(3) for so long as the Russian Federation remains
in noncompliance with the INF Treaty, the United States
should take actions to encourage the Russian Federation
return to compliance, including by--
(A) providing additional funds for the
capabilities identified in section 1243(d) of
the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat.
1062); and
(B) seeking additional missile defense
assets in the European theater to protect
United States and NATO forces from ground-
launched missile systems of the Russian
Federation that are in noncompliance with the
INF Treaty.
(b) Availability of Funds.--Of the funds authorized to be
appropriated by this Act for fiscal year 2018 for research,
development, test, and evaluation, as specified in the funding
table in division D, $58,000,000 shall be made available for
the development of--
(1) active defenses to counter ground-launched
missile systems with ranges between 500 and 5,500
kilometers;
(2) counterforce capabilities to prevent attacks
from these missiles; and
(3) countervailing strike capabilities to enhance
the capabilities of the United States identified in
section 1243(d) of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat.
1062).
(c) Development of INF Range Ground-launched Missile
System.--
(1) Establishment of a program of record.--The
Secretary of Defense shall establish a program of
record to develop a conventional road-mobile ground-
launched cruise missile system with a range of between
500 to 5,500 kilometers, including research and
development activities with respect to such cruise
missile system.
(2) Report required.--Not later than 120 days after
the date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense
committees a report on the cost and schedule for, and
feasibility of, modifying United States missile systems
in existence or planned as of such date of enactment
for ground launch with a range of between 500 and 5,500
kilometers as compared with the cost and schedule for,
and feasibility of, developing a new ground-launched
missile using new technology with the same range.
SEC. 1244. NOTIFICATION REQUIREMENT RELATED TO RUSSIAN FEDERATION
DEVELOPMENT OF NONCOMPLIANT SYSTEMS AND UNITED
STATES ACTIONS REGARDING MATERIAL BREACH OF INF
TREATY BY THE RUSSIAN FEDERATION.
(a) Notification by Director of National Intelligence.--
(1) In general.--The Director of National
Intelligence shall notify the appropriate congressional
committees of any development, deployment, or test of a
system by the Russian Federation that the Director
determines is inconsistent with the INF Treaty.
(2) Deadline.--A notification under this subsection
shall be made not later than 15 days after the date on
which the Director makes the determination under this
subsection with respect to which the notification is
required.
(b) Withholding of Funds.--
(1) In general.--An amount equal to $50,000,000 of
the amount authorized to be appropriated or otherwise
made available to the Department of Defense for
operation and maintenance, Defense-wide, for fiscal
year 2018 to carry out special mission area activities
of the Defense Information Systems Agency shall be
withheld from obligation or expenditure until the date
on which the President has submitted both the
certification described in paragraph (2) and the report
described in subsection (e).
(2) Certification described.--The certification
described in this paragraph is a certification by the
President to the appropriate congressional committees
of the following:
(A) Each requirement of section 1290 of the
National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 130 Stat. 2538;
22 U.S.C. 2593e) has been fully implemented and
is continuing to be fully implemented.
(B) The President has notified the
appropriate congressional committees under such
section 1290 of the imposition of measures
described in subsection (c) of such section
with respect to each person identified in a
report under subsection (a) of such section,
including a detailed description of the
imposition of all such measures.
(c) Report on Plan to Impose Additional Sanctions With
Respect to the Russian Federation.--
(1) In general.--The President shall develop and
submit to the congressional defense committees, the
Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate, and
the Committee on Foreign Affairs of the House of
Representatives a report that includes--
(A) a plan to impose the measures described
in paragraph (3) with respect to each person
described in paragraph (2) by reason of non-
compliance by the Russian Federation with the
INF Treaty; and
(B) a list of each such person.
(2) Persons described.--The persons described in
this paragraph are individuals who--
(A) the President determines are
responsible for ordering or facilitating non-
compliance by the Russian Federation with the
INF Treaty; or
(B) are senior foreign political figures
(as such term is defined in section 1010.605 of
title 31, Code of Federal Regulations, as in
effect on the date of the enactment of this
Act) of the Government of the Russian
Federation.
(3) Measures described.--The measures described in
this paragraph are the following, with respect to a
person described in paragraph (2):
(A) Blocking and prohibiting all
transactions in property and interests in
property of such person, if such property and
interests in property are in the United States,
come within the United States, or are or come
within the possession or control of a United
States person.
(B) Inadmissibility to the United States,
ineligibility to receive a visa or other
documentation to enter the United States, and
ineligibility to be admitted or paroled into
the United States or to receive any other
benefit under the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.), and revocation of
any visa or other entry documentation.
(C) Prohibiting United States procurement
from such person.
(D) Any other sanctions the President
determines to be appropriate.
(4) Form.--The report described in paragraph (1)
shall be submitted in unclassified form.
(5) Draft regulations required.--Not later than 60
days after the date of the submission of the plan
described in paragraph (1), the President shall
prescribe in draft form such regulations as may be
necessary to impose the measures described in paragraph
(3) with respect to each person described in paragraph
(2).
SEC. 1245. REVIEW OF RS-26 BALLISTIC MISSILE.
(a) In General.--The President, in consultation with the
Secretary of State, the Secretary of Defense, the Chairman of
the Joint Chiefs of Staff, and the Director of National
Intelligence, shall conduct a review of the RS-26 ballistic
missile of the Russian Federation.
(b) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the President, in consultation
with the Secretary of State, the Secretary of Defense, the
Chairman of the Joint Chiefs of Staff, and the Director of
National Intelligence, shall submit to the appropriate
congressional committees a report on the review conducted under
subsection (a). The report shall include--
(1) a determination whether the RS-26 ballistic
missile is covered under the New START Treaty or would
be a violation of the INF Treaty because Russia has
flight-tested such missile to ranges covered by the INF
Treaty in more than one warhead configuration; and
(2) if the President determines that the RS-26
ballistic missile is covered under the New START
Treaty, a determination whether the Russian
Federation--
(A) has agreed through the Bilateral
Consultative Commission that such a system is
limited under the New START Treaty central
limits; and
(B) has agreed to an exhibition of such a
system.
(c) Effect of Determination.--If the President, with the
concurrence of the Secretary of State, the Secretary of
Defense, the Chairman of the Joint Chiefs of Staff, and the
Director of National Intelligence, determines that the RS-26
ballistic missile is covered under the New START Treaty and
that the Russian Federation has not taken the steps described
under subsection (b)(2), the United States Government shall
consider for purposes of all policies and decisions that the
RS-26 ballistic missile of the Russian Federation is a
violation of the INF Treaty.
SEC. 1246. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Select Committee on Intelligence,
the Committee on Foreign Relations, the
Committee on Armed Services, and the Committee
on Appropriations of the Senate; and
(B) the Permanent Select Committee on
Intelligence, the Committee on Foreign Affairs,
the Committee on Armed Services, and the
Committee on Appropriations of the House of
Representatives.
(2) INF treaty.--The term ``INF Treaty'' means the
Treaty between the United States of America and the
Union of Soviet Socialist Republics on the Elimination
of Their Intermediate-Range and Shorter-Range Missiles,
signed at Washington December 8, 1987, and entered into
force June 1, 1988.
(3) Intelligence community.--The term
``intelligence community'' has the meaning given the
term in section 3(4) of the National Security Act of
1947 (50 U.S.C. 3003(4)).
(4) New start treaty.--The term ``New START
Treaty'' means the Treaty between the United States of
America and the Russian Federation on Measures for the
Further Reduction and Limitation of Strategic Offensive
Arms, signed at Prague April 8, 2010, and entered into
force February 5, 2011.
(5) Open skies treaty.--The term ``Open Skies
Treaty'' means the Treaty on Open Skies, done at
Helsinki March 24, 1992, and entered into force January
1, 2002.
Subtitle F--Matters Relating to the Indo-Asia-Pacific Region
SEC. 1251. SENSE OF CONGRESS AND INITIATIVE FOR THE INDO-ASIA-PACIFIC
REGION.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the security, stability, and prosperity of the
Indo-Asia-Pacific region are vital to the national
interests of the United States;
(2) the United States should maintain a military
capability in the region that is able to project power,
deter acts of aggression, and respond, if necessary, to
regional threats;
(3) the defense of the United States and its allies
against North Korean or any other aggression remains a
top priority;
(4) continuing efforts by the Department of Defense
to realign forces, commit additional assets, and
increase investments to the Indo-Asia-Pacific region
are necessary to maintain a robust United States
commitment to the region;
(5) the Secretary of Defense should--
(A) assess the current United States force
posture in the Indo-Asia-Pacific region to
ensure that the United States maintains an
appropriate forward presence in the region;
(B) invest in critical munitions, undersea
warfare capabilities, amphibious capabilities,
resilient space architectures, missile defense,
offensive and defensive cyber capabilities, and
other capabilities conducive to operating
effectively in contested environments; and
(C) enhance regional force readiness
through joint training and exercises,
considering contingencies ranging from grey
zone to high-end near-peer conflict;
(6) the United States commitment to freedom of
navigation, ensuring free access to sea lanes and
overflights to the United States naval and air forces,
remains a core security interest; and
(7) the United States should continue to engage in
the Indo-Asia-Pacific region by strengthening alliances
and partnerships, supporting regional institutions and
bodies such as the Association of Southeast Asian
Nations (ASEAN), building cooperative security
arrangements, addressing shared challenges, and
reinforcing the role of international law, including
respect for human rights.
(b) Indo-Asia-Pacific Stability Initiative.--The Secretary
of Defense may carry out a program of activities to enhance
stability in the Indo-Asia-Pacific region that shall be known
as the ``Indo-Asia-Pacific Stability Initiative'' (in this
section referred to as the ``Initiative'').
(c) Activities.--The activities under the Initiative shall
include the following:
(1) Activities to increase the presence and
capabilities and enhance the posture of the United
States Armed Forces in the Indo-Asia-Pacific region.
(2) Bilateral and multilateral military training
and exercises with allies and partner nations in the
Indo-Asia-Pacific region.
(3) Activities to improve military and defense
infrastructure, logistics, and access in the Indo-Asia-
Pacific region in order to enhance the responsiveness
and capabilities of the United States Armed Forces in
that region.
(4) Activities to enhance the storage and pre-
positioning in the Indo-Asia-Pacific region of
equipment of the United States Armed Forces.
(5) Activities to build the defense and security
capacity--
(A) of the United States Armed Forces in
the Indo-Asia-Pacific region; and
(B) of allies and partner nations in the
Indo-Asia-Pacific region, under--
(i) section 2282 of title 10,
United States Code, or section 333 of
such title, relating to the authority
to build the capacity of foreign
security forces;
(ii) section 332 of title 10,
United States Code, relating to defense
institution capacity building for
friendly foreign countries and
international and regional
organizations;
(iii) section 1263 of the National
Defense Authorization Act for Fiscal
Year 2016 (10 U.S.C. 2282 note),
relating to the Southeast Asia Maritime
Security Initiative;
(iv) section 1206 of the Carl Levin
and Howard P. ``Buck'' McKeon National
Defense Authorization Act for Fiscal
Year 2015 (10 U.S.C. 2282 note),
relating to training of security forces
and associated ministries of foreign
countries to promote respect for the
rule of law and human rights; or
(v) any other authority available
to the Secretary of Defense.
(d) General Transfer Authority.--Funds may only be made
available to carry out this section through the transfer
authority provided under section 1001.
(e) Initial Assessment of Requirements.--
(1) Plan required.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense
committees a plan that includes the following:
(A) A detailed description of each project
or activity to be carried out under the
Initiative, including any request of the
Commander of the United States Pacific Command
for support, urgent operational need, or
emergent operational need.
(B) The amount planned to be obligated or
expended on each such project or activity, and
the timeline for such obligation or
expenditure.
(2) Form.--The plan required under paragraph (1)
shall be submitted in unclassified form but may include
a classified annex.
(f) Indo-asia-pacific Region Defined.--In this subtitle,
the term ``Indo-Asia-Pacific region'' means the region that
falls under the responsibility and jurisdiction of United
States Pacific Command.
SEC. 1252. REPORT ON STRATEGY TO PRIORITIZE UNITED STATES DEFENSE
INTERESTS IN THE INDO-ASIA-PACIFIC REGION.
(a) Extension of Deadline for Strategy.--Subsection (a) of
section 1261 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1072) is amended
in the matter preceding paragraph (1) by striking ``March 1,
2017'' and inserting ``March 1, 2018''.
(b) Report Required.--Not later than 90 days after the date
on which the President issues the Presidential Policy Directive
required under subsection (b) of such section 1261, the
Secretary of Defense, in consultation with the Secretary of
State, shall submit to the congressional defense committees,
the Committee on Foreign Relations of the Senate, and the
Committee on Foreign Affairs of the House of Representatives a
report that contains a strategy to prioritize United States
defense interests in the Indo-Asia-Pacific region. The strategy
shall be informed by the overall strategy described in
subsection (a) and shall address each of the following:
(1) The national security interests of the United
States in the Indo-Asia-Pacific region.
(2) The security environment, including threats to
global and regional national security interests of the
United States emanating from the Indo-Asia-Pacific
region such as efforts by China to advance national
interests in the region.
(3) The primary objectives and priorities in the
Indo-Asia-Pacific region, including--
(A) the military missions necessary to
address threats on the Korean Peninsula;
(B) the role of the Department of Defense
in the Indo-Asia-Pacific region regarding
security challenges posed by China;
(C) the primary objectives and priorities
for combating terrorism in the Indo-Asia-
Pacific region;
(4) Department of Defense plans, force posture,
capabilities, and resources to support United States
national security interests and to address any gaps.
(5) The roles of allies, partners, and other
countries in achieving United States defense objectives
and priorities.
(6) Actions the Department of Defense could take,
in cooperation with other Federal departments or
agencies, to advance United Sates national security
interests in the Indo-Asia-Pacific region.
(7) Any other matters the Secretary of Defense
determines to be appropriate.
(c) Form.--The report required by subsections (a) shall be
submitted in unclassified form, but may contain a classified
annex.
(d) Repeal.--Section 1251 of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113-291; 128 Stat. 3570) is hereby
repealed.
SEC. 1253. ASSESSMENT OF UNITED STATES FORCE POSTURE AND BASING NEEDS
IN THE INDO-ASIA-PACIFIC REGION.
(a) Assessment Required.--
(1) In general.--The Secretary of Defense shall
conduct an assessment of United States force posture
and basing needs in the Indo-Asia-Pacific region.
(2) Elements.--The assessment required under
paragraph (1) shall include the following:
(A) A review of military requirements based
on operation and contingency plans, scenarios,
capabilities of potential adversaries, and any
assessed gaps or shortfalls of the Armed
Forces.
(B) A review of current United States
military force posture and deployment plans of
the United States Pacific Command.
(C) An analysis of potential future
realignments of United States forces in the
region, including options for strengthening
United States presence, access, readiness,
training, exercises, logistics, and pre-
positioning.
(D) A discussion of any factors that may
influence the United States posture.
(E) Any recommended changes to the United
States posture in the region.
(F) Any other matters the Secretary of
Defense determines to be appropriate.
(b) Report.--
(1) In general.--Not later than April 1, 2018, the
Secretary of Defense shall submit to the congressional
defense committees a report that includes the
assessment required under subsection (a).
(2) Form.--The report required under paragraph (1)
shall be submitted in unclassified form, but may
contain a classified annex.
SEC. 1254. PLAN TO ENHANCE THE EXTENDED DETERRENCE AND ASSURANCE
CAPABILITIES OF THE UNITED STATES IN THE ASIA-
PACIFIC REGION.
(a) Finding.--Congress recognizes that Democratic People's
Republic of Korea successful test of an intercontinental
ballistic missile (ICBM) and nuclear explosive tests constitute
a grave and imminent threat to United States security and to
the security of United States allies and partners in the Asia-
Pacific region.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the nuclear and missile program of North Korea
is one of the most dangerous national security threats
facing the United States today and the defense of the
Republic of Korea and Japan must remain a top priority
for the administration;
(2) given the threat posed by North Korea to our
allies, the United States maintains an unwavering and
steadfast commitment to the policy of extended
deterrence, especially with respect to South Korea and
Japan;
(3) the Department of Defense's Nuclear Posture
Review that is to be completed in 2017 should fully
consider--
(A) the perspectives of key allies and
partners of the United States in the Asia-
Pacific region; and
(B) actions to reassure South Korea and
Japan of the enduring commitment of the United
States to provide its full range of defensive
capabilities;
(4) bilateral extended deterrence dialogues and
discussions with South Korea and Japan are of great
value to the United States and its allies and partners
in the Asia-Pacific region and must remain a central
component of these relationships;
(5) the United States must sustain and modernize
current United States nuclear capabilities to ensure
the extended deterrence commitments of the United
States remain credible and executable; and
(6) the timely development, production, and
deployment of modern nuclear-capable aircraft are
fundamental to ensure that the United States remains
able to meet extended deterrence requirements in the
Asia-Pacific region far into the future.
(c) Plan.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense, in
consultation with the Commander of the United States Pacific
Command and the Commander of the United States Strategic
Command, shall submit to the congressional defense committees a
plan to enhance the extended deterrence and assurance
capabilities of the United States in the Asia-Pacific region.
(d) Matters to Be Included.--Such plan shall include
consideration of actions that will enhance United States
security by strengthening deterrence of North Korean aggression
and providing increased assurance to United States allies in
the Asia-Pacific region, including the following:
(1) Increased visible presence of key United States
military assets, such as missile defenses, long-range
strike assets, and intermediate-range strike assets to
the region.
(2) Increased military cooperation, exercises, and
integration of defenses with allies in the region.
(3) Increased foreign military sales to allies in
the region.
(4) Planning for, exercising, or deploying dual-
capable aircraft to the region.
(5) Any necessary modifications to the United
States nuclear force posture, including re-deployment
of submarine-launched nuclear cruise missiles to the
region.
(6) Such other actions the Secretary considers
appropriate to strengthen extended deterrence and
assurance in the region.
(e) Form.--Such plan shall be submitted in unclassified
form, but may contain a classified annex.
(f) Rule of Construction.--Nothing in this section may be
construed to alter the shared goal of the United States, South
Korea, and Japan for a denuclearized Korean Peninsula.
SEC. 1255. SENSE OF CONGRESS REAFFIRMING SECURITY COMMITMENTS TO THE
GOVERNMENTS OF JAPAN AND SOUTH KOREA AND TRILATERAL
COOPERATION BETWEEN THE UNITED STATES, JAPAN, AND
SOUTH KOREA.
It is the sense of Congress that--
(1) the United States values its alliances with the
Governments of Japan and the Republic of Korea, based
on shared values of democracy, the rule of law, free
and open markets, and respect for human rights;
(2) the United States reaffirms its commitment to
these alliances with Japan and South Korea, which are
cornerstones for the preservation of peace and
stability in the Indo-Asia-Pacific region and
throughout the world;
(3) the United States recognizes the substantial
financial commitments of Japan and South Korea to the
maintenance of United States forces in these countries,
making them among the most significant burden-sharing
partners of the United States;
(4) the United States, South Korea, and Japan are
indispensable partners in tackling global challenges,
including combating the proliferation of weapons of
mass destruction, preventing piracy, assisting the
victims of conflict and disaster worldwide,
safeguarding maritime security, and ensuring freedom of
navigation, commerce, and overflight in the Indo-Asia-
Pacific region;
(5) the United States reaffirms its commitment to
Article V of the Treaty of Mutual Cooperation and
Security between the United States of America and
Japan, which applies to the Japanese-administered
Senkaku Islands;
(6) although the United States Government does not
take a position on sovereignty of the Senkaku Islands,
the United States acknowledges that the islands are
under the administration of Japan and opposes any
unilateral actions that would seek to undermine their
administration by Japan, and any such unilateral
actions of a third party will not affect United States'
acknowledgement of the administration of Japan over the
Senkaku Islands;
(7) the United States supports continued
strengthening of defense cooperation with Japan in
accordance with the 2015 U.S.-Japan Defense Guidelines
and additional measures to strengthen this defense
cooperation, including by expanding foreign military
sales, establishing new cooperative technology
development programs, increasing military exercises, or
other actions as appropriate;
(8) the United States and South Korea share deep
concerns that the nuclear and ballistic missile
programs of North Korea and its repeated provocations
pose great threats to peace and stability on the Korean
Peninsula, and the United States recognizes that South
Korea has made important commitments to the bilateral
security alliance, including by hosting a Terminal High
Altitude Area Defense (THAAD) system;
(9) the United States and South Korea should
continue further defense cooperation, by enhancing
mutual security based on the Mutual Defense Treaty
between the United States and the Republic of Korea and
investing in capabilities critical to the combined
defense;
(10) the United States should closely consult and
coordinate with South Korea on measures to strengthen
the alliance and defend against provocations committed
by the North Korean regime;
(11) the United States welcomes greater security
cooperation with, and among, Japan and South Korea to
promote mutual interests and address shared concerns,
including the bilateral military intelligence-sharing
pact between Japan and South Korea, signed on November
23, 2016, and the trilateral intelligence sharing
agreement between the United States, Japan, and South
Korea, signed on December 29, 2015; and
(12) recognizing that North Korea poses a threat to
each of the United States, Japan, and South Korea, and
that the security of the three countries is
intertwined, the United States welcomes and encourages
deeper trilateral defense coordination and cooperation,
including through expanded exercises, training, and
information sharing that strengthens integration.
SEC. 1256. STRATEGY ON NORTH KOREA.
(a) Report on Strategy Required.--Not later than 90 days
after the date of the enactment of this Act, the President
shall submit to Congress a report setting forth the strategy of
the United States with respect to North Korea.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A description and assessment of the primary
threats to United States national security interests
from North Korea.
(2) A description of known foreign nation, foreign
entity, or individual violations of current United
Nations sanctions against North Korea, together with
parameters for determining whether and on what timeline
it serves United States interests to target such
violators with unilateral secondary sanctions.
(3) A description of the diplomatic, economic, and
trade relationships between China and North Korea and
between Russia and North Korea, including trends in
such relationships and their impact on the Government
of North Korea.
(4) An identification of the diplomatic, economic,
and security objectives for the Korean Peninsula and
the desired end state in North Korea with respect to
the security threats emanating from North Korea.
(5) A detailed roadmap to reach the objectives and
end state identified pursuant to paragraph (4),
including timelines for each element of the roadmap.
(6) A description of the unilateral and
multilateral options available to the United States
regarding North Korea, together with an assessment of
the degree to which such options would impose costs on
North Korea.
(7) A description of the resources and authorities
necessary to carry out the roadmap described in
paragraph (5).
(8) A description of operational plans and
associated military requirements for the protection of
United States interests with respect to North Korea.
(9) An identification of any capability or resource
gaps that would affect the implementation of the
strategy described in subsection (a), and a mitigation
plan to address such gaps.
(10) An assessment of current and desired partner
contributions to countering threats from North Korea,
and a plan to enhance cooperation among countries with
shared security interests with respect to North Korea.
(11) Any other matters the President considers
appropriate.
(c) Annual Updates.--The President shall submit to Congress
in writing on an annual basis a report describing and assessing
progress in the implementation of the strategy described in
subsection (a).
(d) Form.--The report under subsection (a) and each report
under subsection (c) shall be submitted in unclassified form,
but may include a classified annex.
SEC. 1257. NORTH KOREAN NUCLEAR INTERCONTINENTAL BALLISTIC MISSILES.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall provide to the
congressional defense committees a briefing on the hazards or
risks posed directly or indirectly by the nuclear ambitions of
North Korea, focusing upon--
(1) the development and deployment of
intercontinental ballistic missiles or nuclear weapons;
(2) the consequences to the United States, the
interests of the United States, and allies of the
United States of North Korea's nuclear and missile
programs;
(3) a plan to deter and defend against such threats
from North Korea;
(4) protecting vital interest and capabilities of
the United States in space from such threats from North
Korea; and
(5) the potential damage or destruction caused by
electromagnetic pulse weapons.
SEC. 1258. ADVANCEMENTS IN DEFENSE COOPERATION BETWEEN THE UNITED
STATES AND INDIA.
(a) In General.--Section 1292(a) of the National Defense
Authorization Act for the Fiscal Year 2017 (Public Law 114-328;
130 Stat. 2559; 22 U.S.C. 2751 note) is amended--
(1) in paragraph (1)--
(A) in subparagraph (E), by inserting
before the semicolon at the end the following:
``, and to advance the Communications
Interoperability and Security Memorandum of
Agreement and The Basic Exchange and
Cooperation Agreement for Geospatial
Cooperation'';
(B) in subparagraph (H), by striking
``and'' at the end;
(C) in subparagraph (I), by striking the
period at the end and inserting ``, including
common security, and to enhance role of United
States partners and allies in the defense
relationship between the United States and
India;''; and
(D) by adding at the end the following new
subparagraphs:
``(J) support joint exercises, operations,
and patrols and mutual defense planning with
India;
``(K) work with representatives of the
Government of the Islamic Republic of
Afghanistan and the Government of India to
promote stability and development in
Afghanistan; and
``(L) support such other matters with
respect to defense and security cooperation
with India that the Secretary of Defense or the
Secretary of State consider appropriate.'';
(2) in paragraph (2), by adding at the end the
following new sentence: ``The report shall also include
a forward-looking strategy on enhancing defense and
security cooperation with India.''; and
(3) by adding at the end the following new
paragraph:
``(3) Report form.--The report required by
paragraph (2) shall be submitted in unclassified form,
but may include a classified annex.''.
(b) Interagency Definition of India as Major Defense
Partner.--The Secretary of Defense, the Secretary of State, and
the Secretary of Commerce shall jointly produce a common
definition that recognizes India's status as a ``Major Defense
Partner'' for joint use by the Department of Defense, the
Department of State, and the Department of Commerce.
(c) Responsibility for Enhanced Cooperation.--
(1) Designation of responsible individual.--Not
later than 90 days after the date of the enactment of
this Act, the Secretary of Defense and the Secretary of
State jointly shall make the designation required by
paragraph (1)(B) of section 1292(a) of the National
Defense Authorization Act for Fiscal Year 2017.
(2) Additional duties.--Paragraph (1)(B) of section
1292(a) of the National Defense Authorization Act for
Fiscal Year 2017 is amended--
(A) in clause (i), by striking ``and'' at
the end;
(B) in clause (ii), by adding ``and'' at
the end; and
(C) by adding at the end the following new
clause:
``(iii) to promote United States
defense trade with India for the
benefit of job creation and commercial
competitiveness in the United
States;''.
(3) Briefings.--Not later than 90 days after the
date of the enactment of this Act, and every year
thereafter, appropriate officials of the Office of the
Secretary of Defense and appropriate officials of the
Department of State shall brief the appropriate
committees of Congress on the actions of the Department
of Defense and the Department of State, respectively,
to promote defense cooperation between the United
States and India and the duties specified in paragraph
(1)(B) of section 1292(a) of the National Defense
Authorization Act for Fiscal Year 2017 (as amended by
paragraph (2) of this subsection). The requirement for
briefings under this paragraph shall cease on the date
of the designation of an individual pursuant to
paragraph (1).
(4) Appropriate committees of congress defined.--In
this subsection, the term ``appropriate committees of
Congress'' means--
(A) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate;
and
(B) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives.
SEC. 1259. STRENGTHENING THE DEFENSE PARTNERSHIP BETWEEN THE UNITED
STATES AND TAIWAN.
(a) Statement of Policy.--It is the policy of the United
States to reinforce its commitments to Taiwan under the Taiwan
Relations Act and consistent with the ``Six Assurances'' as
both governments work to improve Taiwan's self-defense
capability.
(b) Sense of Congress.--It is the sense of Congress that
the United States should--
(1) strengthen and enhance its longstanding
partnership and cooperation with Taiwan;
(2) conduct regular transfers of defense articles
and defense services necessary to enable Taiwan to
maintain a sufficient self-defense capability, based
solely on the needs of Taiwan;
(3) invite the military forces of Taiwan to
participate in military exercises, such as the ``Red
Flag'' exercises;
(4) carry out a program of exchanges of senior
military officers and senior officials with Taiwan to
improve military-to-military relations, as expressed in
section 1284 of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat.
2544);
(5) support expanded exchanges focused on practical
training for Taiwan personnel by and with United States
military units, including exchanges among services;
(6) conduct bilateral naval exercises, to include
pre-sail conferences, in the western Pacific Ocean with
the Taiwan navy; and
(7) consider the advisability and feasibility of
reestablishing port of call exchanges between the
United States navy and the Taiwan navy.
SEC. 1259A. NORMALIZING THE TRANSFER OF DEFENSE ARTICLES AND DEFENSE
SERVICES TO TAIWAN.
(a) Sense of Congress.--It is the sense of Congress that
any requests from the Government of Taiwan for defense articles
and defense services should receive a case-by-case review by
the Secretary of Defense, in consultation with the Secretary of
State, that is consistent with the standard processes and
procedures in an effort to normalize the arms sales process
with Taiwan.
(b) Report.--
(1) In general.--Not later than 120 days after the
date on which the Secretary of Defense receives a
Letter of Request from Taiwan with respect to the
transfer of a defense article or defense service to
Taiwan, the Secretary, in consultation with the
Secretary of State, shall submit to the appropriate
congressional committees a report that includes--
(A) the status of such request;
(B) if the transfer of such article or
service would require a certification or report
to Congress pursuant to any applicable
provision of section 36 of the Arms Export
Control Act (22 U.S.C. 2776), the status of any
Letter of Offer and Acceptance the Secretary of
Defense intends to issue with respect to such
request; and
(C) an assessment of whether the transfer
of such article or service would be consistent
with United States obligations under the Taiwan
Relations Act (Public Law 96-8; 22 U.S.C. 3301
et seq.).
(2) Elements.--Each report required under paragraph
(1) shall specify the following:
(A) The date the Secretary of Defense
received the Letter of Request.
(B) The value of the sale proposed by such
Letter of Request.
(C) A description of the defense article or
defense service proposed to be transferred.
(D) The view of the Secretary of Defense
with respect to such proposed sale and whether
such sale would be consistent with United
States defense initiatives with Taiwan.
(3) Form.--Each report required under paragraph (1)
shall be submitted in unclassified form but may contain
a classified annex.
(c) Briefing.--Not later than 180 days after the date of
the enactment of this Act, and every 180 days thereafter, the
Secretary of Defense, in coordination with the Secretary of
State, shall provide a briefing to the appropriate
congressional committees with respect to the security
challenges faced by Taiwan and the military cooperation between
the United States and Taiwan, including a description of any
requests from Taiwan for the transfer of defense articles or
defense services and the status, whether signed or unsigned, of
any Letters of Offer and Acceptance with respect to such
requests.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives; and
(B) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate.
(2) Defense article; defense service.--The terms
``defense article'' and ``defense service'' have the
meanings given such terms in section 47 of the Arms
Export Control Act (22 U.S.C. 2794).
(3) Letter of request; letter of offer and
acceptance.--The terms ``Letter of Request'' and
``Letter of Offer and Acceptance'' have the meanings
given such terms for purposes of Chapter 5 of the
Security Assistance Management Manual of the Defense
Security Cooperation Agency, as in effect on the date
of the enactment of this Act.
SEC. 1259B. ASSESSMENT ON UNITED STATES DEFENSE IMPLICATIONS OF CHINA'S
EXPANDING GLOBAL ACCESS.
(a) Assessment.--
(1) In general.--The Secretary of Defense, in
consultation with the Secretary of State, shall assess
the foreign military and non-military activities of the
People's Republic of China that could affect the
regional and global national security and defense
interests of the United States.
(2) Elements.--The assessment required by paragraph
(1) shall evaluate the following:
(A) The expansion by China of military and
non-military means in the Indo-Asia-Pacific
region and globally, including influence
campaigns, loans, access to military equipment,
military training, tourism, media, investment
projects, infrastructure, and access to foreign
ports and military bases, and whether such
means could affect United States national
security or defense interests, including
operational access.
(B) The implications, if any, of such means
for the military force posture, access,
training, and logistics of both the United
States and China.
(C) The United States strategy and policy
for mitigating any harmful effects resulting
from such means.
(D) The resources required to implement
such strategy and policy, and the plan to
address and mitigate any gaps in capabilities
or resources necessary for such implementation
of the policy and strategy.
(E) Measures to bolster the roles of
allies, partners, and other countries to
implement such strategy and policy.
(F) Any other matters the Secretary of
Defense or the Secretary of State determines to
be appropriate.
(3) Report required.--
(A) In general.--Not later than 120 days
after the date of the enactment of this Act,
the Secretary of Defense, in coordination with
the Secretary of State, shall submit to the
congressional defense committees, the Committee
on Foreign Relations of the Senate, and the
Committee on Foreign Affairs of the House of
Representatives a report on the assessment
required under subsection (b).
(B) Form.--The report required by this
paragraph shall be submitted in unclassified
form, but may contain a classified annex.
SEC. 1259C. AGREEMENT SUPPLEMENTAL TO COMPACT OF FREE ASSOCIATION WITH
PALAU.
(a) Approval of Agreement Supplemental to Compact.--
(1) In general.--Subject to the availability of
appropriations that meet the total financial
obligations for such purpose, the Compact Review
Agreement and appendices signed by the United States
and the Republic of Palau on September 3, 2010, in
connection with section 432 of the Compact of Free
Association with Palau (Public Law 99-658; 48 U.S.C.
1931 note) are approved.
(2) Funding schedule.--The Compact Review Agreement
includes a funding schedule that is to be modified by
the parties to the Compact Review Agreement, and such
funding schedule (as so modified) is approved. The
Compact Review Agreement, appendices, and funding
schedule (as so modified) are referred to hereinafter
as the ``Agreement''.
(b) Status of Prior Year Payments.--Amounts provided to the
Government of Palau by the Government of the United States in
fiscal years 2011 through 2017 shall also be considered as
funding to implement the Agreement.
(c) Extension of Effective Date.--Section 105(f)(1)(B)(ix)
of the Compact of Free Association Amendments Act of 2003 (48
U.S.C. 1921d(f)(1)(B)(ix)) is amended by striking ``2009'' and
inserting ``2024''.
SEC. 1259D. STUDY ON UNITED STATES INTERESTS IN THE FREELY ASSOCIATED
STATES.
(a) Study Required.--The Secretary of Defense shall enter
into an agreement with an appropriate independent entity to
conduct a study and assessment of United States security and
foreign policy interests in the Freely Associated States of the
Republic of Palau, the Republic of the Marshall Islands, and
the Federated States of Micronesia.
(b) Elements.--The study required pursuant to subsection
(a) shall address the following:
(1) The role of the Compacts of Free Association in
promoting United States defense and foreign policy
interests, including the United States defense posture
and plans.
(2) The status of the obligations of the United
States and the Freely Associated States under the
Compacts of Free Association.
(3) The economic assistance practices of the
People's Republic of China in the Freely Associated
States, and the implications of such practices for
United States defense and foreign policy interests in
the Freely Associated States and the Pacific region.
(4) The economic assistance practices of other
countries in the Freely Associated States, as
determined by the Comptroller General, and the
implications of such practices for United States
defense and foreign policy interests in the Freely
Associated States and the Pacific region.
(5) Any other matters the Secretary considers
appropriate for purposes of the study.
(c) Department of Defense Support.--The Secretary shall
provide the entity conducting the study pursuant to subsection
(a) with timely access to appropriate information, data,
resources, and analysis so that the entity may conduct a
thorough and independent assessment of the matters covered by
the study, including the matters specified in subsection (b).
(d) Report.--
(1) In general.--Not later than December 1, 2018,
the Secretary shall submit to the congressional defense
committees a report setting forth the results of the
study conducted pursuant to subsection (a).
(2) Form.--The report required by paragraph (1)
shall be submitted in unclassified for, but may include
a classified annex.
Subtitle G--Reports
SEC. 1261. MODIFICATION OF ANNUAL REPORT ON MILITARY AND SECURITY
DEVELOPMENTS INVOLVING THE PEOPLE'S REPUBLIC OF
CHINA.
Subsection (b) of section 1202 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65; 10
U.S.C. 113 note), as most recently amended by section 1271 of
the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 130 Stat. 2538), is further amended by
adding at the end the following:
``(23) Any Chinese laws, regulations, or policies
that could jeopardize the economic security of the
United States.''.
SEC. 1262. MODIFICATIONS TO ANNUAL UPDATE OF DEPARTMENT OF DEFENSE
FREEDOM OF NAVIGATION OPERATIONS REPORT.
(a) In General.--
(1) Scope of report.--Subsection (a) of section
1275 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2540)
is amended by inserting ``or have not been so
challenged'' after ``international law''.
(2) Unchallenged claims.--Subsection (b) of such
section 1275 is amended by adding at the end the
following:
``(4) For each country identified under paragraph
(1), the types of any excessive maritime claims by such
country that have not been challenged by the United
States under the program referred to in subsection (a).
``(5) A list of each country, other than a country
identified under paragraph (1), making excessive
maritime claims that have not been challenged by the
United States under the program referred to in
subsection (a) and the types and natures of such
claims.''.
(b) Effective Date.--The amendments made subsection (a)
take effect of the date of the enactment of this Act and apply
with respect to each report required to be submitted under
section 1275 of the National Defense Authorization Act for
Fiscal Year 2017 on or after such date of enactment.
SEC. 1263. REPORT ON STRATEGY TO DEFEAT AL-QAEDA, THE TALIBAN, THE
ISLAMIC STATE OF IRAQ AND SYRIA (ISIS), AND THEIR
ASSOCIATED FORCES AND CO-BELLIGERENTS.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a report on the United
States strategy to defeat Al-Qaeda, the Taliban, the Islamic
State of Iraq and Syria (ISIS), and their associated forces and
co-belligerents.
(b) Elements.--The report required under subsection (a)
shall include the following:
(1) An analysis of the adequacy of the existing
legal framework to accomplish the strategy described in
subsection (a), particularly with respect to the
Authorization for Use of Military Force (Public Law
107-40; 50 U.S.C. 1541 note) and the Authorization for
Use of Military Force Against Iraq Resolution of 2002
(Public Law 107-243; 50 U.S.C. 1541 note).
(2) An analysis of the estimated defense and non-
defense budgetary resources through fiscal year 2022
necessary to accomplish the strategy described in
subsection (a).
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees; and
(2) the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the
House of Representatives.
SEC. 1264. REPORT ON AND NOTICE OF CHANGES MADE TO THE LEGAL AND POLICY
FRAMEWORKS FOR THE UNITED STATES' USE OF MILITARY
FORCE AND RELATED NATIONAL SECURITY OPERATIONS.
(a) Initial Report.--
(1) In general.--Not later than 90 days after the
date of the enactment of this Act, the President shall
submit to the appropriate congressional committees a
report on the legal and policy frameworks for the
United States' use of military force and related
national security operations.
(2) Matters to be included.--The report required by
paragraph (1) shall include the legal, factual, and
policy justifications for any changes made to such
legal and policy frameworks during the period beginning
on January 20, 2017, and ending on the date the report
is submitted.
(b) Notice Required.--Not later than 30 days after the date
on which a change is made to the legal and policy frameworks
described in subsection (a)(1), the President shall notify the
appropriate congressional committees of such change, including
the legal, factual, and policy justification for such change.
(c) Form.--The report required by subsection (a) and each
notice required by subsection (b) shall be submitted in
unclassified form, but may contain a classified annex.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services, the Committee
on Appropriations, the Committee on Foreign Relations,
and the Select Committee on Intelligence of the Senate;
and
(2) the Committee on Armed Services, the Committee
on Appropriations, the Committee on Foreign Affairs,
and the Permanent Select Committee on Intelligence of
the House of Representatives.
SEC. 1265. REPORT ON MILITARY ACTION OF SAUDI ARABIA AND ITS COALITION
PARTNERS IN YEMEN.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter for 2 years,
the Secretary of Defense and the Secretary of State shall
jointly submit to the appropriate congressional committees a
report on military action of Saudi Arabia and its coalitions
partners in Yemen.
(b) Matters to Be Included.--The report required by
subsection (a) shall include a description of the following:
(1) The extent to which the Government of Saudi
Arabia and its coalition partners in Yemen are taking
demonstrable actions to--
(A) reduce the risk of harm to civilians
and civilian objects, in compliance with
obligations under international humanitarian
law, including by minimizing harm to civilians,
discriminating between civilian objects and
military objectives, and exercising
proportional use of force;
(B) facilitate the flow of humanitarian aid
and commercial goods into Yemen, including
commercial fuel and commodities not subject to
sanction or prohibition under United Nations
Security Council Resolution 2216 (2015); and
(C) target al Qaeda in the Arabian
Peninsula and affiliates of the Islamic State
of Iraq and Syria as part of the coalition's
military operations in Yemen.
(2) The role of United States military personnel
with respect to operations of such coalition partners
in Yemen.
(3) Progress made by the Government of Saudi Arabia
and its coalition partners in avoiding and
investigating, if necessary, civilian casualties,
including improvements to--
(A) targeting methodology;
(B) the strike approval process; and
(C) training of personnel, including by
implementing the recommendations of the Joint
Incident Assessment Team.
(4) Progress made to support implementation of the
provisions of United Nations Security Council
Resolution 2216 (2015) that call for the observance of
applicable international humanitarian and human rights
laws and the unimpeded provision of humanitarian
assistance to those in need in Yemen.
(5) Any other matters the Secretary of Defense and
the Secretary of State determine to be relevant.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may contain a classified
annex.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees; and
(2) the Committee on Foreign Affairs of the House
of Representatives and the Committee on Foreign
Relations of the Senate.
SEC. 1266. SUBMITTAL OF DEPARTMENT OF DEFENSE SUPPLEMENTAL AND COST OF
WAR EXECUTION REPORTS ON QUARTERLY BASIS.
Subsection (c) of section 1221 of the National Defense
Authorization Act for Fiscal Year 2006 (10 U.S.C. 113 note) is
amended to read as follows:
``(c) Quarterly Submittal to Congress and GAO of Certain
Reports on Costs.--Not later than 45 days after the end of each
fiscal year quarter, the Secretary of Defense shall submit to
the congressional defense committees and the Comptroller
General of the United States the Department of Defense
Supplemental and Cost of War Execution report for such fiscal
year quarter.''.
SEC. 1267. CONSOLIDATION OF REPORTS ON UNITED STATES ARMED FORCES,
CIVILIAN EMPLOYEES, AND CONTRACTORS DEPLOYED IN
SUPPORT OF OPERATION INHERENT RESOLVE, OPERATION
FREEDOM'S SENTINEL, AND ASSOCIATED AND SUCCESSOR
OPERATIONS.
(a) Reports Required.--Not later than 30 days after the
date of the enactment of this Act, and every 90 days
thereafter, the Secretary of Defense shall submit to the
congressional defense committees a report on United States
Armed Forces, Department of Defense civilian employees, and
Department of Defense contractor employees deployed in support
of the following:
(1) Operation Inherent Resolve.
(2) Operation Freedom's Sentinel.
(3) Any operation associated with, or successor to,
an operation referred to in paragraph (1) or (2).
(b) Elements.--Each report under subsection (a) shall
include the following:
(1) The number of members of the United States
Armed Forces, set forth by Armed Force and component
(whether regular, National Guard, or Reserve),
Department of Defense civilian employees, and
Department of Defense contractor employees deployed in
support of the operations covered by subsection (a) for
the most recent month for which data is available, and
a description of the functions performed by such
deployed personnel.
(2) An estimate for the 3-month period following
the date on which the report is submitted of the total
number of members of the United States Armed Forces,
set forth by Armed Force and component (whether
regular, National Guard, or Reserve), Department
civilian employees, and Department contractor employees
to be deployed in support of the operations covered by
subsection (a), and a description of the functions to
be performed by such deployed personnel during such
period.
(3) A description of any limitations on the number
of United States Armed Forces, Department civilian
employees, and Department contractor employees deployed
in support of the operations covered by subsection (a).
(4) A description of military functions that are
and are not subject to the limitations described in
paragraph (3).
(5) The number of members of the United States
Armed Forces, set forth by Armed Force and component
(whether regular, National Guard, or Reserve),
Department civilian employees, and Department
contractor employees deployed in support of the
operations covered by subsection (a) that are not
subject to the limitations described in paragraph (3)
for the most recent month for which data is available.
(6) Any changes to the limitations described in
paragraph (3), and the rationale for such changes.
(7) Any other matters the Secretary considers
appropriate.
(c) Manner of Presentation.--Each report under subsection
(a) shall set forth each element specified in subsection (b)--
(1) with respect to each operation covered by
subsection (a); and
(2) with respect to each country in which each such
operation is being conducted.
(d) Form.--If any report under subsection (a) is submitted
in classified form, such report shall be accompanied by an
unclassified summary that includes, at a minimum, the
information required by subsection (b)(1).
(e) Sunset.--The requirement to submit reports under this
section shall terminate on the earlier of--
(1) the date on which all operations covered by
subsection (a) have terminated; or
(2) the date that is five years after the date of
the enactment of this Act.
(f) Repeal of Superseded Provision.--Section 1224 of the
National Defense Authorization Act for Fiscal Year 2016 (Public
Law 114-92; 129 Stat. 1053) is repealed.
SEC. 1268. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON PRICING
AND AVAILABILITY WITH RESPECT TO FOREIGN MILITARY
SALES.
(a) Report Required.--Not later than one year after the
date of the enactment of this Act, the Comptroller General of
the United States shall submit to the appropriate committees of
Congress a report on pricing and availability with respect to
foreign military sales. The report shall include the following:
(1) An assessment of the purpose and role of
pricing and availability within the foreign military
sales process.
(2) An assessment of the guidance provided by the
Department of Defense for the preparation of pricing
and availability data for foreign military sales.
(3) An assessment of the assumptions, estimations,
and sources of data used by the Department in the
preparation of pricing and availability data for
foreign military sales.
(4) An assessment of the degree of accuracy and
transparency provided by the Department in preparing
pricing and availability data during the foreign
military sales process.
(5) An assessment of the factors that may account
for discrepancies between prices of major items or
services offered by the Department in pricing and
availability data provided to foreign governments for
foreign military sales and prices offered by relevant
United States commercial entities for similar items or
services, including--
(A) a description of the magnitude of the
extent of differences in such prices; and
(B) a description of common discrepancies
that account for such differences, including
Department administrative fees, cost for
training and spares, and other factors,
including recurring factors.
(6) An assessment of the extent to which the
Department has identified instances where discrepancies
in pricing for major items or services resulted in the
loss of a foreign military sale for a United States
commercial entity.
(7) Any other matters the Comptroller General
considers appropriate.
(b) Briefings.--The Comptroller General shall provide
periodic briefings to the appropriate committees of Congress on
any preliminary findings and recommendations of the Comptroller
General as a result of work in furtherance of the report
required by subsection (a).
(c) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services and the
Committee of Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives.
SEC. 1269. ANNUAL REPORT ON MILITARY AND SECURITY DEVELOPMENTS
INVOLVING THE RUSSIAN FEDERATION.
Section 1245(b) of the Carl Levin and Howard P. ``Buck''
McKeon National Defense Authorization Act for Fiscal Year 2015
(Public Law 113-291; 128 Stat. 3566), as most recently amended
by section 1235(a) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2490), is
further amended--
(1) by redesignating paragraphs (14) through (20)
as paragraphs (16) through (22), respectively; and
(2) by inserting after paragraph (13) the following
new paragraphs:
``(14) An assessment of Russia's hybrid warfare
strategy and capabilities, including--
``(A) Russia's information warfare strategy
and capabilities, including the use of
misinformation, disinformation, and propaganda
in social and traditional media;
``(B) Russia's financing of political
parties, think tanks, media organizations, and
academic institutions;
``(C) Russia's malicious cyber activities;
``(D) Russia's use of coercive economic
tools, including sanctions, market access, and
differential pricing, especially in energy
exports; and
``(E) Russia's use of criminal networks and
corruption to achieve political objectives.
``(15) An assessment of attempts by Russia, or any
foreign person acting as an agent of or on behalf of
Russia, during the preceding year to knowingly
disseminate Russian-supported disinformation or
propaganda, through social media applications or
related Internet-based means, to members of the Armed
Forces with probable intent to cause injury to the
United States or advantage the Government of the
Russian Federation.''.
Subtitle H--Other Matters
SEC. 1271. SECURITY AND STABILITY STRATEGY FOR SOMALIA.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a report that contains a
comprehensive United States strategy to achieve long-term
security and stability in Somalia and includes each of the
following elements:
(1) A description of United States strategic
objectives in Somalia and the benchmarks for assessing
progress toward such objectives.
(2) An assessment of the threats posed to Somalia,
the broader region, the United States, and partners of
the United States, by al-Shabaab and organizations
affiliated with the Islamic State of Iraq and Syria in
Somalia, including the origins, strategic aims,
tactical methods, funding sources, and leadership of
each organization.
(3) A description of the key international and
United States governance, diplomatic, development,
military, and intelligence resources available to
address instability in Somalia.
(4) A plan to improve coordination among, and
effectiveness of, United States governance, diplomatic,
development, military, and intelligence resources to
counter the threat of al-Shabaab and organizations
affiliated with the Islamic State of Iraq and Syria in
Somalia.
(5) A description of the role the United States is
playing or will play to address political instability
and support long-term security and stability in
Somalia.
(6) A description of the contributions made by the
African Union Mission in Somalia (in this section
referred to as ``AMISOM'') to security in Somalia and
an assessment of the anticipated duration of support
provided to AMISOM by troop contributing countries.
(7) A plan to train the Somali National Army and
other Somali security forces, that also includes--
(A) a description of the assistance
provided by other countries for such training;
and
(B) a description of the efforts to
integrate regional militias into the uniformed
Somali security forces; and
(C) a description of the security
assistance authorities under which any such
training would be provided by the United States
and the recommendations of the Secretary to
address any gaps under such authorities to
advise, assist, or accompany the Somali
National Army or other Somali security forces
within appropriate roles and responsibilities
that are not fulfilled by other countries or by
international organizations.
(8) A description of the steps the United States,
AMISOM, and any forces trained by the United States are
taking in Somalia to minimize civilian casualties and
other harm to civilians.
(9) Any other matters the President considers
appropriate.
(b) Form.--The report required under subsection (a) shall
be submitted in unclassified form but may include a classified
annex.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services, the Committee
on Foreign Affairs, the Committee on Appropriations,
and the Permanent Select Committee on Intelligence of
the House of Representatives; and
(2) the Committee on Armed Services, the Committee
on Foreign Relations, the Committee on Appropriations,
and the Select Committee on Intelligence of the Senate.
SEC. 1272. GLOBAL THEATER SECURITY COOPERATION MANAGEMENT INFORMATION
SYSTEM.
(a) Update of Guidance.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
Defense shall--
(A) update relevant security cooperation
guidance issued by the Secretary for use of the
Global Theater Security Cooperation Management
Information System (in this section referred to
as ``G-TSCMIS''), including guidance relating
to the matters described in paragraph (3); and
(B) submit to the congressional defense
committees a report that contains such
guidance.
(2) Successor system.--Not later than 180 days
after the date of the adoption of any security
cooperation information system that is a successor to
G-TSCMIS, the Secretary of Defense shall--
(A) update relevant security cooperation
guidance issued by the Secretary for use of
such system, including guidance relating to the
matters described in paragraph (3); and
(B) submit to the congressional defense
committees a report that contains such
guidance.
(3) Matters described.--The matters described in
this paragraph are the following:
(A) Designation of an authoritative data
repository for security cooperation
information, with enforceable data standards
and data controls.
(B) Responsibilities for entry of data
relating to programs and activities into the
system.
(C) Oversight and accountability measures
to ensure the full scope of activities are
entered into the system consistently and in a
timely manner.
(D) Such other matters as the Secretary
considers appropriate.
(b) Report.--
(1) In general.--Not later than 270 days after the
adoption of any security cooperation information system
that is the successor to G-TSCMIS, the Secretary of
Defense shall submit to the congressional defense
committees a report setting forth a review of measures
for evaluating the system in order to comply with
guidance required by subsection (a).
(2) Elements.--The review required by paragraph (1)
shall include the following:
(A) An evaluation of the impacts of
inconsistent information on the system's
functionality as a tool for planning, resource
allocation, and adjustment.
(B) An evaluation of the effectiveness of
oversight and accountability measures.
(C) An evaluation of feedback from the
operational community to inform future
requirements.
(D) Such other matters as the Secretary
considers appropriate.
(3) Form.--The report required under paragraph (1)
shall be submitted in unclassified form, but may
include a classified annex.
SEC. 1273. FUTURE YEARS PLAN FOR THE EUROPEAN DETERRENCE INITIATIVE.
(a) Plan Required.--
(1) In general.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of
Defense, in consultation with the Commander of the
United States European Command, shall submit to the
congressional defense committees a future years plan on
activities and resources of the European Deterrence
Initiative (in this section referred to as the
``EDI'').
(2) Applicability.--The plan shall apply with
respect to fiscal year 2018 and at least the four
succeeding fiscal years.
(b) Matters to Be Included.--The plan required under
subsection (a) shall include the following:
(1) A description of the objectives of the EDI.
(2) An assessment of resource requirements to
achieve the objectives of the EDI.
(3) An assessment of capabilities requirements to
achieve the objectives of the EDI.
(4) An assessment of logistics requirements,
including force enablers, equipment, supplies, storage,
and maintenance requirements, to achieve the objectives
of the EDI.
(5) An identification and assessment of required
infrastructure investments to achieve the objectives of
the EDI, including potential infrastructure investments
by host nations and new construction or modernization
of existing sites that would be funded by the United
States.
(6) An assessment of security cooperation
investments required to achieve the objectives of the
EDI.
(7) An analysis of the challenges to the ability of
the United States to deploy significant forces from the
continental United States to the European theater in
the event of a major contingency, and a description of
the plans of the Department of Defense, including
military exercises, to address such challenges.
(8) A plan to fully resource United States force
posture and capabilities, including--
(A) details regarding the strategy to
balance the force structure of the United
States forces to source additional permanently
stationed United States forces in Europe as a
part of any planned growth in end strength and
force posture;
(B) the infrastructure capacity of existing
locations and their ability to accommodate
additional permanently stationed United States
forces in Europe;
(C) the potential new locations for
additional permanently stationed United States
forces in Europe, including an assessment of
infrastructure and military construction
resources necessary to accommodate additional
United States forces in Europe;
(D) a detailed timeline to achieve desired
permanent posture requirements;
(E) a reevaluation of sites identified for
divestiture but not yet divested under the
European Infrastructure Consolidation
initiative, accounting for updated military
requirements; and
(F) any changes and associated costs
incurred with retaining each site identified
for divestiture but not yet divested under the
European Infrastructure Consolidation
initiative, including possible leasing
agreements, sustainment, and maintenance.
(c) Form.--The plan required under subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Limitations.--
(1) General limitation.--The Secretary of Defense
may not take any action to divest any site identified
for divestiture but not yet divested under the European
Infrastructure Consolidation initiative until the
Secretary submits to the congressional defense
committees the plan required under subsection (a).
(2) Site-specific limitation.--In the case of a
proposed divestiture of a site under the European
Infrastructure Consolidation initiative, the Secretary
of Defense may not take any action to divest the site
unless prior to taking such action, the Secretary
certifies to the congressional defense committees that
no military requirement for future use of the site is
foreseeable.
SEC. 1274. EXTENSION OF AUTHORITY TO ENTER INTO AGREEMENTS WITH
PARTICIPATING COUNTRIES IN THE AMERICAN, BRITISH,
CANADIAN, AND AUSTRALIAN ARMIES' PROGRAM.
Section 1274(g) of the National Defense Authorization Act
for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 2026; 10
U.S.C. 2350a note) is amended by striking ``five years'' and
inserting ``ten years''.
SEC. 1275. UNITED STATES MILITARY AND DIPLOMATIC STRATEGY FOR YEMEN.
(a) Report Required.--Not later than 120 days after the
date of enactment of this Act, the President shall submit to
the appropriate congressional committees a report that contains
a military and diplomatic strategy for Yemen.
(b) Elements.--The report required by subsection (a) shall
include the following elements:
(1) An explanation of the military and diplomatic
strategy for Yemen, including a description of the
ends, ways, and means inherent to the strategy.
(2) An explanation of the legal authorities
supporting the strategy.
(3) A detailed description of the political and
security environment in Yemen.
(4) A detailed description of the threats posed by
Al Qaeda in the Arabian Peninsula and the Islamic State
of Iraq and Syria-Yemen Province, including the intent,
capabilities, strategic aims, and resources
attributable to each organization.
(5) A detailed description of the threats posed to
freedom of navigation through the Bab al Mandab Strait
and waters in proximity to Yemen as well as any United
States efforts to mitigate those threats.
(6) A detailed description of the threats posed to
the United States and its allies and partners by the
proliferation of advanced conventional weapons in
Yemen.
(7) A detailed description of the threats posed to
United States interests by state actors in Yemen.
(8) A discussion of United States objectives
regarding long-term stability and counterterrorism in
Yemen.
(9) A plan to integrate the United States
diplomatic, development, military, and intelligence
resources necessary to implement the strategy.
(10) A detailed description of the roles of the
United States Armed Forces in supporting the strategy.
(11) Any other matters as the President considers
appropriate.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services, the Committee
on Foreign Relations, the Committee on Appropriations,
and the Select Committee on Intelligence of the Senate;
and
(2) the Committee on Armed Services, the Committee
on Foreign Affairs, the Committee on Appropriations,
and the Permanent Select Committee on Intelligence of
the House of Representatives.
SEC. 1276. TRANSFER OF EXCESS HIGH MOBILITY MULTIPURPOSE WHEELED
VEHICLES TO FOREIGN COUNTRIES.
(a) Requirements in Connection With Transfer.--
(1) In general.--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 vehicle receives the same
new, modernized powertrain and a modernized, armored or
armor-capable crew compartment restored to like-new
condition that the vehicle would receive were the
vehicle to be modernized for operational used by the
Armed Forces.
(2) Same new, modernized powertrain.--For purposes
of paragraph (1), the term ``same new, modernized
powertrain''--
(A) means a fully-functioning new
powertrain system; but
(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) Performance of work.--Any work performed
pursuant to paragraph (1) shall be performed in the
United States, and shall be covered by section
2460(b)(1) of title 10, United States Code.
(b) Waiver.--
(1) In general.--Subject to paragraph (2), the
President may waive the requirements of subsection
(a)(1) with respect to any particular transfer of high
mobility multipurpose wheeled vehicles if the President
determines in writing that the waiver is in the
national interests of the United States.
(2) Notice.--If the President makes a written
determination under paragraph (1), the vehicles covered
by the determination may not be transferred until 30
days after the Secretary of Defense provides notice of
the transfer to the appropriate committees of Congress.
Each notice on a transfer shall include the following:
(A) The recipient of the vehicles to be
transferred, the intended use of the vehicles,
and a description of the national interests of
the United States in connection with the
transfer.
(B) An explanation of why it is not in the
national interests of the United States to make
the transfer in accordance with the
requirements of subsection (a)(1).
(C) The impact of the transfer on the
national technology and industrial base and, in
articular, on any reduction of the
opportunities of entities in the national
technology and industrial base to sell new or
used high mobility multipurpose wheeled
vehicles to the countries to which the proposed
transfer of vehicles is to take place.
(c) Effective Date and Sunset.--
(1) Effective date.--Subsections (a) and (b) shall
apply to any transfer of excess high mobility
multipurpose wheeled vehicles that occurs on or after
the date that is 90 days after the date of the
enactment of this Act.
(2) Sunset.--The requirements in subsection (a)
shall expire on the date that is three years after the
date of the enactment of this Act.
(d) Comptroller General of the United States Report.--
(1) In general.--The Comptroller General of the
United States shall submit to the appropriate
committees of Congress a report on all proposed and
completed transfers of excess defense articles that are
high mobility multipurpose wheeled vehicles under the
authority of section 516 of the Foreign Assistance Act
of 1961 (22 U.S.C. 2321j) during fiscal years 2012
through 2016.
(2) Elements.--The report under paragraph (1) shall
include the following:
(A) An assessment of the timing,
rigorousness, and procedures used in the
determination of the President that each
transfer described in paragraph (1) did not
have an adverse impact on the national
technology and industrial base and, in
particular, that such transfer would not reduce
the opportunities of entities in the national
technology and industrial base to sell new or
used equipment to the countries to which such
articles were or were to be transferred in
accordance with section 516(b)(1)(E) of the
Foreign Assistance Act of 1961.
(B) Any related matters the Comptroller
General considers appropriate.
(e) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services, the Committee
on Foreign Relations, and the Committee on
Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee
on Foreign Affairs, and the Committee on Appropriations
of the House of Representatives.
SEC. 1277. DEPARTMENT OF DEFENSE PROGRAM TO PROTECT UNITED STATES
STUDENTS AGAINST FOREIGN AGENTS.
(a) Program.--The Secretary of Defense shall develop and
implement a program to prepare United States students studying
abroad through Department of Defense National Security
Education Programs to recognize and protect themselves against
recruitment efforts by intelligence agents.
(b) Briefing.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
provide to the Committees on Armed Services of the Senate and
the House of Representatives a briefing on the program required
under subsection (a).
SEC. 1278. LIMITATION AND EXTENSION OF UNITED STATES-ISRAEL ANTI-TUNNEL
COOPERATION AUTHORITY.
(a) Limitation and Extension of Authority.--Section 1279 of
the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 129 Stat. 1079; 22 U.S.C. 8606 note) is
amended as follows:
(1) Limitation with respect to rdt&e; activities.--
In subsection (b), by adding at the end the following
new paragraph:
``(5) Use of certain amounts for rdt&e; activities
in the united states.--Of the amount provided by the
United States in support under paragraph (1), not less
than 50 percent of such amount shall be used for
research, development, test, and evaluation activities
in the United States in connection with such
support.''.
(2) Extension of authority.--In subsection (f), by
striking ``December 31, 2018'' and inserting ``December
31, 2020''.
(b) Repeal of Superseded Limitation.--Section 1295 of the
National Defense Authorization Act for Fiscal Year 2017 (Public
Law 114-328; 130 Stat. 2562) is amended by striking subsection
(c).
SEC. 1279. ANTICORRUPTION STRATEGY.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, the
Secretary of Defense, and the Administrator of the United
States Agency for International Development shall jointly
develop a strategy to prevent corruption in any reconstruction
efforts associated with United States contingency operations
and submit such strategy to the appropriate congressional
committees.
(b) Benchmarks.--The strategy described in subsection (a)
shall include measurable benchmarks to be met as a condition
for disbursement of funds for reconstruction efforts.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives.
SEC. 1279A. STRATEGY TO IMPROVE DEFENSE INSTITUTIONS AND SECURITY
SECTOR FORCES IN NIGERIA.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a report that contains a
comprehensive strategy to support improvements in defense
institutions and security sector forces in Nigeria.
(b) Matters to Be Included.--The report required by
subsection (a) shall include the following:
(1) An assessment of the threats posed by terrorist
and other militant groups operating in Nigeria,
including Boko Haram, the Islamic State in Iraq and
Syria - West Africa (ISIS-WA), and Niger Delta
militants, as well as a description of the origins,
strategic aims, tactical methods, funding sources, and
leadership structures of each such organization.
(2) An assessment of efforts by the Government of
Nigeria to improve civilian protection, accountability
for human rights violations, and transparency in the
defense institutions and security sector forces.
(3) A description of the key international and
United States diplomatic, development, intelligence,
military, and economic resources available to address
instability across Nigeria, and a plan to maximize the
coordination and effectiveness of these resources to
counter the threats posed by Boko Haram, ISIS-WA, and
Niger Delta militants.
(4) An assessment of efforts undertaken by the
security forces of the Government of Nigeria to improve
the protection of civilians.
(5) An assessment of the effectiveness of the
Civilian Joint Task Force that has been operating in
parts of northeastern Nigeria, as well as any lessons
learned from such operations and a plan to work with
the Government of Nigeria to address allegations of
participation of child soldiers in the Civilian Joint
Task Force.
(6) A plan for the United States to work with the
Nigerian security forces and judiciary to transparently
investigate allegations of human rights violations
committed by the security forces of the Government of
Nigeria that have involved civilian casualties.
(7) A plan for the United States to work with the
Nigerian defense institutions and security sector
forces to improve detainee conditions.
(8) Any other matters the President considers
appropriate.
(c) Form.--The report required under subsection (a) shall
be submitted in unclassified form, but may include a classified
annex.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services, the Committee
on Foreign Relations, the Committee on Appropriations,
and the Select Committee on Intelligence of the Senate;
and
(2) the Committee on Armed Services, the Committee
on Foreign Affairs, the Committee on Appropriations,
and the Permanent Select Committee on Intelligence of
the House of Representatives.
SEC. 1279B. LIMITATION ON AVAILABILITY OF FUNDS TO IMPLEMENT THE ARMS
TRADE TREATY.
(a) In General.--None of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal
year 2018 for the Department of Defense may be obligated or
expended to implement the Arms Trade Treaty, or to make any
change to existing programs, projects, or activities as
approved by Congress in furtherance of, pursuant to, or
otherwise to implement such Treaty, unless the Treaty has
received the advice and consent of the Senate and has been the
subject of implementing legislation, as required, by Congress..
(b) Rule of Construction.--Nothing in this section shall be
construed to preclude the Department of Defense from assisting
foreign countries in bringing their laws and regulations up to
United States standards.
SEC. 1279C. CULTURAL HERITAGE PROTECTION COORDINATOR.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense shall designate an employee
of the Department of Defense to serve concurrently as the
Coordinator for Cultural Heritage Protection, who shall be
responsible for--
(1) coordinating the existing obligations of the
Department of Defense for the protection of cultural
heritage, including the 1954 Hague Convention for the
Protection of Cultural Property in the Event of Armed
Conflict, and other obligations for the protection of
cultural heritage; and
(2) coordinating with the Cultural Heritage
Coordinating Committee convened by the Secretary of
State for the national security interests of the United
States, as appropriate.
SEC. 1279D. SECURITY ASSISTANCE FOR BALTIC NATIONS FOR JOINT PROGRAM
FOR INTEROPERABILITY AND DETERRENCE AGAINST
AGGRESSION.
(a) In General.--The Secretary of Defense may, with the
concurrence of the Secretary of State, conduct or support a
single joint program of the Baltic nations to improve their
interoperability and build their capacity to deter and resist
aggression by the Russian Federation.
(b) Joint Program.--For purposes of subsection (a), a joint
program of the Baltic nations may be either of the following:
(1) A program jointly agreed by the Baltic nations
to procure defense articles and services described in
subsection (c) using assistance provided pursuant to
subsection (a).
(2) An agreement for the joint procurement by the
Baltic nations of defense articles and services
described in subsection (c) using assistance provided
pursuant to subsection (a).
(c) Defense Articles and Services.--For purposes of
subsection (b), the defense articles and services described in
this subsection include the following:
(1) Real time or near-real time actionable
intelligence, including by lease of such capabilities
from United States commercial entities.
(2) Unmanned aerial tactical surveillance systems.
(3) Lethal assistance, such as anti-armor weapon
systems, mortars, crew-served weapons and ammunition,
grenade launchers and ammunition, and small arms and
ammunition.
(4) Air defense radars and anti-aircraft weapons.
(5) Other defense articles or services agreed to by
the Baltic nations and considered appropriate by the
Secretary of Defense, with the concurrence of the
Secretary of State.
(d) Participation of Other Countries.--Any country other
than a Baltic nation may participate in the joint program
described in subsection (a), but only using funds of such
country.
(e) Notice and Wait on Activities.--Not later than 60 days
before initiating activities under the joint program under
subsection (a), the Secretary of Defense shall submit to the
appropriate committees of Congress a written and electronic
notice of the following:
(1) The countries that will participate in the
joint program.
(2) A detailed assessment of how the joint program
will improve the interoperability of the Baltic nations
and build their capacity to deter and resist aggression
by the Russian Federation.
(3) A description of the elements of the United
States European Command theater security cooperation
plan, and of the interagency integrated country
strategy in each Baltic nation, that will be advanced
by the joint program.
(4) A detailed evaluation of the capacity of the
Baltic nations to absorb the defense articles and
services to be procured under the joint program.
(5) The cost and delivery schedule of the joint
program.
(6) A description of the arrangements, if any, for
the sustainment of the defense articles and services to
be procured under the joint program, and the estimated
cost and source of funds to support sustainment of the
capabilities and performance outcomes achieved under
the joint program beyond its completion date, if
applicable.
(f) Funding.--
(1) In general.--Amounts for assistance provided
pursuant to subsection (a) shall be derived from
amounts authorized to be appropriated for the
Department of Defense for operation and maintenance,
Defense-wide.
(2) Limitation.--The total amount of assistance
provided pursuant to subsection (a) may not exceed
$100,000,000.
(g) Termination.--Assistance may not be provided pursuant
to subsection (a) after December 31, 2020.
(h) Definitions.--In this section:
(1) The term ``appropriate committees of Congress''
means--
(A) the Committee on Armed Services, the
Committee on Foreign Relations, and the
Committee on Appropriations of the Senate; and
(B) the Committee on Armed Services, the
Committee on Foreign Affairs, and the Committee
on Appropriations of the House of
Representatives.
(2) The term ``Baltic nations'' means the
following:
(A) Estonia.
(B) Latvia.
(C) Lithuania.
SEC. 1279E. RESTRICTION ON FUNDING FOR THE PREPARATORY COMMISSION FOR
THE COMPREHENSIVE NUCLEAR-TEST-BAN TREATY
ORGANIZATION.
(a) Statement of Policy.--Congress declares that United
Nations Security Council Resolution 2310 (September 23, 2016)
does not obligate the United States nor does it impose an
obligation on the United States to refrain from actions that
would run counter to the object and purpose of the
Comprehensive Nuclear-Test-Ban Treaty.
(b) Restriction on Funding.--
(1) In general.--No United States funds may be made
available to the Preparatory Commission for the
Comprehensive Nuclear-Test-Ban Treaty Organization.
(2) Exception.--The restriction under paragraph (1)
shall not apply with respect to the availability of--
(A) United States funds for the
Comprehensive Nuclear-Test-Ban Treaty
Organization's International Monitoring System;
or
(B) United States funds used solely for
analysis and dissemination of data collected
under the International Monitoring System.
SEC. 1279F. CLARIFICATION OF AUTHORITY TO SUPPORT BORDER SECURITY
OPERATIONS OF CERTAIN FOREIGN COUNTRIES.
Paragraph (3) of section 1226(b) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129
Stat. 1056), as added by section 1294(b)(2) of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-
328; 130 Stat. 2562), is amended by striking ``for such fiscal
year'' both places it appears.
TITLE XIII--COOPERATIVE THREAT REDUCTION
Sec. 1301. Specification of Cooperative Threat Reduction funds.
Sec. 1302. Funding allocations.
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION FUNDS.
(a) Fiscal Year 2018 Cooperative Threat Reduction Funds
Defined.--In this title, the term ``fiscal year 2018
Cooperative Threat Reduction funds'' means the funds
appropriated pursuant to the authorization of appropriations in
section 301 and made available by the funding table in section
4301 for the Department of Defense Cooperative Threat Reduction
Program established under section 1321 of the Department of
Defense Cooperative Threat Reduction Act (50 U.S.C. 3711).
(b) Availability of Funds.--Funds appropriated pursuant to
the authorization of appropriations in section 301 and made
available by the funding table in section 4301 for the
Department of Defense Cooperative Threat Reduction Program
shall be available for obligation for fiscal years 2018, 2019,
and 2020.
SEC. 1302. FUNDING ALLOCATIONS.
(a) In General.--Of the $324,600,000 authorized to be
appropriated to the Department of Defense for fiscal year 2018
in section 301 and made available by the funding table in
division D for the Department of Defense Cooperative Threat
Reduction Program established under section 1321 of the
Department of Defense Cooperative Threat Reduction Act (50
U.S.C. 3711), the following amounts may be obligated for the
purposes specified:
(1) For strategic offensive arms elimination,
$12,100,000.
(2) For chemical weapons destruction, $5,000,000.
(3) For global nuclear security, $17,900,000.
(4) For cooperative biological engagement,
$172,800,000.
(5) For proliferation prevention, $89,800,000.
(6) For activities designated as Other Assessments/
Administrative Costs, $27,000,000.
(b) Modification to Certain Requirements.--The Department
of Defense Cooperative Threat Reduction Act (50 U.S.C. 3701 et
seq.) is amended as follows:
(1) Section 1321(g)(1) (50 U.S.C. 3711(g)(1)) is
amended by striking ``45 days'' and inserting ``15
days''.
(2) Section 1324 (50 U.S.C. 3714) is amended--
(A) in subsection (a)(1)(C), by striking
``45 days'' and inserting ``15 days''; and
(B) in subsection (b)(3), by striking ``45
days'' and inserting ``15 days''.
(3) Section 1335(a) (50 U.S.C. 3735(a)) is amended
by striking ``or expended''.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. Chemical agents and munitions destruction, defense.
Sec. 1403. Drug interdiction and counter-drug activities defense-wide.
Sec. 1404. Defense Inspector General.
Sec. 1405. Defense Health Program.
Sec. 1406. National Defense Sealift Fund.
Subtitle B--Other Matters
Sec. 1411. Authority for transfer of funds to joint Department of
Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund for Captain James A. Lovell Health Care
Center, Illinois.
Sec. 1412. Authorization of appropriations for Armed Forces Retirement
Home.
Sec. 1413. Armed Forces Retirement Home matters.
Sec. 1414. Authority to dispose of certain materials from and to acquire
additional materials for the National Defense Stockpile.
Sec. 1415. Acquisition reporting on major chemical demilitarization
programs of the Department of Defense.
Subtitle A--Military Programs
SEC. 1401. WORKING CAPITAL FUNDS.
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 providing capital
for working capital and revolving funds, as specified in the
funding table in section 4501.
SEC. 1402. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for the Department of Defense for
fiscal year 2018 for expenses, not otherwise provided for, for
Chemical Agents and Munitions Destruction, Defense, as
specified in the funding table in section 4501.
(b) Use.--Amounts authorized to be appropriated under
subsection (a) are authorized for--
(1) the destruction of lethal chemical agents and
munitions in accordance with section 1412 of the
Department of Defense Authorization Act, 1986 (50
U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of
the United States that is not covered by section 1412
of such Act.
SEC. 1403. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2018 for expenses, not
otherwise provided for, for Drug Interdiction and Counter-Drug
Activities, Defense-wide, as specified in the funding table in
section 4501.
SEC. 1404. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2018 for expenses, not
otherwise provided for, for the Office of the Inspector General
of the Department of Defense, as specified in the funding table
in section 4501.
SEC. 1405. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for fiscal
year 2018 for the Defense Health Program, as specified in the
funding table in section 4501, for use of the Armed Forces and
other activities and agencies of the Department of Defense in
providing for the health of eligible beneficiaries.
SEC. 1406. NATIONAL DEFENSE SEALIFT FUND.
Funds are hereby authorized to be appropriated for fiscal
year 2018 for the National Defense Sealift Fund, as specified
in the funding table in section 4501.
Subtitle B--Other Matters
SEC. 1411. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT DEPARTMENT OF
DEFENSE-DEPARTMENT OF VETERANS AFFAIRS MEDICAL
FACILITY DEMONSTRATION FUND FOR CAPTAIN JAMES A.
LOVELL HEALTH CARE CENTER, ILLINOIS.
(a) Authority for Transfer of Funds.--Of the funds
authorized to be appropriated by section 1405 and available for
the Defense Health Program for operation and maintenance,
$115,500,000 may be transferred by the Secretary of Defense to
the Joint Department of Defense-Department of Veterans Affairs
Medical Facility Demonstration Fund established by subsection
(a)(1) of section 1704 of the National Defense Authorization
Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2571).
For purposes of subsection (a)(2) of such section 1704, any
funds so transferred shall be treated as amounts authorized and
appropriated specifically for the purpose of such a transfer.
(b) Use of Transferred Funds.--For the purposes of
subsection (b) of such section 1704, facility operations for
which funds transferred under subsection (a) may be used are
operations of the Captain James A. Lovell Federal Health Care
Center, consisting of the North Chicago Veterans Affairs
Medical Center, the Navy Ambulatory Care Center, and supporting
facilities designated as a combined Federal medical facility
under an operational agreement covered by section 706 of the
Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417; 122 Stat. 4500).
SEC. 1412. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES RETIREMENT
HOME.
There is hereby authorized to be appropriated for fiscal
year 2018 from the Armed Forces Retirement Home Trust Fund the
sum of $64,300,000 for the operation of the Armed Forces
Retirement Home.
SEC. 1413. ARMED FORCES RETIREMENT HOME MATTERS.
(a) Termination of Oversight Responsibilities of Under
Secretary of Defense for Personnel and Readiness.--
(1) Senior medical advisor.--Section 1513A of the
Armed Forces Retirement Home Act of 1991 (24 U.S.C.
413a) is amended--
(A) in subsection (b), by striking ``the
Under Secretary of Defense for Personnel and
Readiness,'' in the matter preceding paragraph
(1); and
(B) in subsection (c)(4), by striking ``the
Under Secretary of Defense for Personnel and
Readiness'' and inserting ``the Secretary of
Defense''.
(2) Ombudsmen.--Section 1517(e)(2) of such Act (24
U.S.C. 417(e)(2)) is amended by striking ``the Under
Secretary of Defense for Personnel and Readiness'' and
inserting ``the Secretary of Defense''.
(3) Inspections.--Section 1518 of such Act (24
U.S.C. 418) is amended--
(A) in subsection (c)(1), by striking ``the
Under Secretary of Defense for Personnel and
Readiness,''; and
(B) in subsection (e)(1), by striking ``the
Under Secretary of Defense for Personnel and
Readiness'' and inserting ``the Secretary of
Defense''.
(b) Advisory Council.--Section 1516 of such Act (24 U.S.C.
416) is amended--
(1) in subsection (c)(1), by striking ``15
members,'' and all that follows and inserting ``15
members.''; and
(2) in subsection (f)(1), by striking ``shall'' and
inserting ``may''.
(c) Administrators.--Section 1517(b) of such Act (24 U.S.C.
417(b)) is amended--
(1) in paragraph (2), by striking ``and'' at the
end;
(2) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(3) by adding at the end the following new
paragraph:
``(4) serve at the pleasure of the Secretary of
Defense.''.
SEC. 1414. AUTHORITY TO DISPOSE OF CERTAIN MATERIALS FROM AND TO
ACQUIRE ADDITIONAL MATERIALS FOR THE NATIONAL
DEFENSE STOCKPILE.
(a) Disposal Authority.--Pursuant to section 5(b) of the
Strategic and Critical Materials Stock Piling Act (50 U.S.C.
98d(b)), the National Defense Stockpile Manager may dispose of
not more than 25 short tons of materials transferred from
another department or agency of the United States to the
National Defense Stockpile under section 4(b) of such Act (50
U.S.C. 98c(b)) that the National Defense Stockpile Manager
determines is no longer required from the stockpile.
(b) Acquisition Authority.--
(1) Authority.--Using funds available in the
National Defense Stockpile Transaction Fund, the
National Defense Stockpile Manager may acquire the
following materials determined to be strategic and
critical materials required to meet the defense,
industrial, and essential civilian needs of the United
States:
(A) Electrolytic manganese metal.
(B) Antimony.
(2) Amount of authority.--The National Defense
Stockpile Manager may use up to $9,000,000 in the
National Defense Stockpile Transaction Fund for
acquisition of the materials specified in paragraph
(1).
(3) Fiscal year limitation.--The authority under
paragraph (1) is available for purchases during fiscal
year 2018 through fiscal year 2027.
SEC. 1415. ACQUISITION REPORTING ON MAJOR CHEMICAL DEMILITARIZATION
PROGRAMS OF THE DEPARTMENT OF DEFENSE.
(a) Reporting on Major Programs.--Acquisition reporting on
each major program within the chemical demilitarization
programs of the Department of Defense, including construction
in connection with such program, shall--
(1) comply with reporting guidelines for an
Acquisition Category 1 (ACAT 1) system; and
(2) be reported separately from acquisition
reporting on the other major program within the
chemical demilitarization programs of the Department of
Defense.
(b) Major Program Within the Chemical Demilitarization
Programs of the Department of Defense Defined.--In this
section, the term ``major program within the chemical
demilitarization programs of the Department of Defense'' means
each program as follows:
(1) Pueblo Chemical Agent Destruction Pilot Plant
program, Colorado.
(2) Blue Grass Chemical Agent Destruction Pilot
Plant program, Kentucky.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS
CONTINGENCY OPERATIONS
Subtitle A--Authorization of Appropriations
Sec. 1501. Purpose and treatment of certain authorizations of
appropriations.
Sec. 1502. Overseas contingency operations.
Sec. 1503. Procurement.
Sec. 1504. Research, development, test, and evaluation.
Sec. 1505. Operation and maintenance.
Sec. 1506. Military personnel.
Sec. 1507. Working capital funds.
Sec. 1508. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1509. Defense Inspector General.
Sec. 1510. Defense Health program.
Subtitle B--Financial Matters
Sec. 1511. Treatment as additional authorizations.
Sec. 1512. Special transfer authority.
Subtitle C--Limitations, Reports, and Other Matters
Sec. 1521. Afghanistan Security Forces Fund.
Sec. 1522. Joint Improvised-Threat Defeat Fund.
Sec. 1523. Comptroller General report on feasibility of separation of
expenditures.
Sec. 1524. Guidelines for budget items to be covered by overseas
contingency operations accounts.
Subtitle A--Authorization of Appropriations
SEC. 1501. PURPOSE AND TREATMENT OF CERTAIN AUTHORIZATIONS OF
APPROPRIATIONS.
The purpose of this subtitle is to authorize appropriations
for the Department of Defense for fiscal year 2018 to provide
additional funds for overseas contingency operations being
carried out by the Armed Forces.
SEC. 1502. OVERSEAS CONTINGENCY OPERATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2018 for the Department of Defense for overseas
contingency operations in such amounts as may be designated as
provided in section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
SEC. 1503. PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal
year 2018 for procurement accounts for the Army, the Navy and
the Marine Corps, the Air Force, and Defense-wide activities,
as specified in the funding table in section 4102.
SEC. 1504. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
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 4202.
SEC. 1505. OPERATION AND MAINTENANCE.
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 4302.
SEC. 1506. MILITARY PERSONNEL.
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 4402.
SEC. 1507. WORKING CAPITAL FUNDS.
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 providing capital
for working capital and revolving funds, as specified in the
funding table in section 4502.
SEC. 1508. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2018 for expenses, not
otherwise provided for, for Drug Interdiction and Counter-Drug
Activities, Defense-wide, as specified in the funding table in
section 4502.
SEC. 1509. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2018 for expenses, not
otherwise provided for, for the Office of the Inspector General
of the Department of Defense, as specified in the funding table
in section 4502.
SEC. 1510. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2018 for expenses, not
otherwise provided for, for the Defense Health Program, as
specified in the funding table in section 4502.
Subtitle B--Financial Matters
SEC. 1511. TREATMENT AS ADDITIONAL AUTHORIZATIONS.
The amounts authorized to be appropriated by this title are
in addition to amounts otherwise authorized to be appropriated
by this Act.
SEC. 1512. SPECIAL TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary
of Defense that such action is necessary in the
national interest, the Secretary may transfer amounts
of authorizations made available to the Department of
Defense in this title for fiscal year 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.--The total amount of authorizations
that the Secretary may transfer under the authority of
this subsection may not exceed $2,500,000,000.
(b) Terms and Conditions.--Transfers under this section
shall be subject to the same terms and conditions as transfers
under section 1001.
(c) Additional Authority.--The transfer authority provided
by this section is in addition to the transfer authority
provided under section 1001.
Subtitle C--Limitations, Reports, and Other Matters
SEC. 1521. AFGHANISTAN SECURITY FORCES FUND.
(a) Continuation of Prior Authorities and Notice and
Reporting Requirements.--Funds available to the Department of
Defense for the Afghanistan Security Forces Fund for fiscal
year 2018 shall be subject to the conditions contained in
subsections (b) through (g) of section 1513 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
181; 122 Stat. 428), as amended by section 1531(b) of the Ike
Skelton National Defense Authorization Act for Fiscal Year 2011
(Public Law 111-383; 124 Stat. 4424).
(b) Equipment Disposition.--
(1) Acceptance of certain equipment.--Subject to
paragraph (2), the Secretary of Defense may accept
equipment that is procured using amounts in the
Afghanistan Security Forces Fund authorized under this
Act and is intended for transfer to the security forces
of Afghanistan, but is not accepted by such security
forces.
(2) Conditions on acceptance of equipment.--Before
accepting any equipment under the authority provided by
paragraph (1), the Commander of United States forces in
Afghanistan shall make a determination that the
equipment was procured for the purpose of meeting
requirements of the security forces of Afghanistan, as
agreed to by both the Government of Afghanistan and the
United States, but is no longer required by such
security forces or was damaged before transfer to such
security forces.
(3) Elements of determination.--In making a
determination under paragraph (2) regarding equipment,
the Commander of United States forces in Afghanistan
shall consider alternatives to Secretary of Defense
acceptance of the equipment. An explanation of each
determination, including the basis for the
determination and the alternatives considered, shall be
included in the relevant quarterly report required
under paragraph (5).
(4) Treatment as department of defense stocks.--
Equipment accepted under the authority provided by
paragraph (1) may be treated as stocks of the
Department of Defense upon notification to the
congressional defense committees of such treatment.
(5) Quarterly reports on equipment disposition.--
(A) In general.--Not later than 90 days
after the date of the enactment of this Act and
every 90-day period thereafter during which the
authority provided by paragraph (1) is
exercised, the Secretary of Defense shall
submit to the congressional defense committees
a report describing the equipment accepted
during the period covered by such report under
the following:
(i) This subsection.
(ii) Section 1521(b) of the
National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328;
130 Stat. 2575).
(iii) Section 1531(b) of the
National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92;
129 Stat. 1088).
(iv) Section 1532(b) of the Carl
Levin and Howard P. ``Buck'' McKeon
National Defense Authorization Act for
Fiscal Year 2015 (Public Law 113-291;
128 Stat. 3613).
(v) Section 1531(d) of the National
Defense Authorization Act for Fiscal
Year 2014 (Public Law 113-66; 127 Stat.
938; 10 U.S.C. 2302 note).
(B) Elements.--Each report under
subparagraph (A) shall include a list of all
equipment that was accepted during the period
covered by the report and treated as stocks of
the Department of Defense and copies of the
determinations made under paragraph (2), as
required by paragraph (3).
(c) Security of Afghan Women.--
(1) In general.--Of the funds available to the
Department of Defense for the Afghanistan Security
Forces Fund for fiscal year 2018, it is the goal that
$41,000,000, but in no event less than $10,000,000,
shall be used for--
(A) the recruitment, integration,
retention, training, and treatment of women in
the Afghan National Defense and Security
Forces; and
(B) the recruitment, training, and
contracting of female security personnel for
future elections.
(2) Types of programs and activities.--Such
programs and activities may include--
(A) efforts to recruit women into the
Afghan National Defense and Security Forces,
including the special operations forces;
(B) programs and activities of the Afghan
Ministry of Defense Directorate of Human Rights
and Gender Integration and the Afghan Ministry
of Interior Office of Human Rights, Gender and
Child Rights;
(C) development and dissemination of gender
and human rights educational and training
materials and programs within the Afghan
Ministry of Defense and the Afghan Ministry of
Interior;
(D) efforts to address harassment and
violence against women within the Afghan
National Defense and Security Forces;
(E) improvements to infrastructure that
address the requirements of women serving in
the Afghan National Defense and Security
Forces, including appropriate equipment for
female security and police forces, and
transportation for policewomen to their
station;
(F) support for Afghanistan National Police
Family Response Units; and
(G) security provisions for high-profile
female police and army officers.
(d) Assessment of Afghanistan Progress on Security
Objectives.--
(1) Assessment required.--Not later than June 1,
2018, the Secretary of Defense shall, in consultation
with the Secretary of State, submit to the Committee on
Armed Services and the Committee on Foreign Affairs of
the House of Representatives and the Committee on Armed
Services and the Committee on Foreign Relations of the
Senate an assessment describing the progress of the
Government of the Islamic Republic of Afghanistan
toward meeting shared security objectives. In
conducting such assessment, the Secretary of Defense
shall consider each of the following:
(A) The extent to which the Government of
Afghanistan has taken steps toward increased
accountability and reducing corruption within
the Ministries of Defense and Interior.
(B) The extent to which the capability and
capacity of the Afghan National Defense and
Security Forces have improved as a result of
Afghanistan Security Forces Fund investment,
including through training.
(C) The extent to which the Afghan National
Defense and Security Forces have been able to
increase pressure on the Taliban, al-Qaeda, the
Haqqani network, and other terrorist
organizations, including by re-taking
territory, defending territory, and disrupting
attacks.
(D) Whether or not the Government of
Afghanistan is ensuring that supplies,
equipment, and weaponry supplied by the United
States are appropriately distributed to
security forces charged with fighting the
Taliban and other terrorist organizations.
(E) Such other factors as the Secretaries
consider appropriate.
(2) Withholding of assistance for insufficient
progress.--
(A) In general.--If the Secretary of
Defense determines, in coordination with the
Secretary of State, pursuant to the assessment
under paragraph (1) that the Government of
Afghanistan has made insufficient progress, the
Secretary of Defense may withhold assistance
for the Afghan National Defense and Security
Forces until such time as the Secretary
determines sufficient progress has been made.
(B) Notice to congress.--If the Secretary
of Defense withholds assistance under
subparagraph (A), the Secretary shall, in
coordination with the Secretary of State,
provide notice to Congress not later than 30
days after making the decision to withhold such
assistance.
(e) Inspector General Oversight of Fund.--
(1) Quality standards for ig products.--Except as
provided in paragraph (3), each product published or
issued by an Inspector General relating to the
oversight of programs and activities funded under the
Afghanistan Security Forces Fund shall be prepared--
(A) in accordance with the Generally
Accepted Government Auditing Standards/
Government Auditing Standards (GAGAS/GAS), as
issued and updated by the Government
Accountability Office; or
(B) if not prepared in accordance with the
standards referred to in subparagraph (A), in
accordance with the Quality Standards for
Inspection and Evaluation issued by the Council
of the Inspectors General on Integrity and
Efficiency (commonly referred to as the ``CIGIE
Blue Book'').
(2) Specification of quality standards followed.--
Each product published or issued by an Inspector
General relating to the oversight of programs and
activities funded under the Afghanistan Security Forces
Fund shall cite within such product the quality
standards followed in conducting and reporting the work
concerned.
(3) Waiver.--The Lead Inspector General for
Operation Freedom's Sentinel may waive the
applicability of paragraph (1) to a specific product
relating to the oversight by an Inspector General of
activities and programs funded under the Afghanistan
Security Forces Fund if the Lead Inspector General
determines that the waiver would facilitate timely
efforts to promote efficiency and effectiveness and
prevent, detect, and deter fraud, waste, and abuse. Any
product published or issued pursuant to a waiver under
this paragraph shall include a statement that work for
such product was not conducted in accordance with the
standards referred to in paragraph (1) and an
explanation why such standards were not employed.
SEC. 1522. JOINT IMPROVISED-THREAT DEFEAT FUND.
(a) Use and Transfer of Funds.--Subsections (b) and (c) of
section 1514 of the John Warner National Defense Authorization
Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2439),
as in effect before the amendments made by section 1503 of the
Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417; 122 Stat. 4649), shall apply to
the funds made available for fiscal year 2018 to the Department
of Defense for the Joint Improvised-Threat Defeat Fund.
(b) Interdiction of Improvised Explosive Device Precursor
Chemicals.--
(1) Availability of funds.--Of the funds made
available to the Department of Defense for the Joint
Improvised-Threat Defeat Fund for fiscal year 2018,
$15,000,000 may be available to the Secretary of
Defense, with the concurrence of the Secretary of
State, to provide training, equipment, supplies, and
services to ministries and other entities of foreign
governments that the Secretary has identified as
critical for countering the flow of improvised
explosive device precursor chemicals.
(2) Provision through other us agencies.--If
jointly agreed upon by the Secretary of Defense and the
head of another department or agency of the United
States Government, the Secretary of Defense may
transfer funds available under paragraph (1) to such
department or agency for the provision by such
department or agency of training, equipment, supplies,
and services to ministries and other entities of
foreign governments as described in that paragraph.
(3) Notice to congress.--None of the funds made
available pursuant to paragraph (1) may be obligated or
expended to supply training, equipment, supplies, or
services to a foreign country before the date that is
15 days after the date on which the Secretary of
Defense, in coordination with the Secretary of State,
submits to the Committee on Armed Services and the
Committee on Foreign Relations of the Senate and the
Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives a
notice that contains--
(A) the foreign country for which training,
equipment, supplies, or services are proposed
to be supplied;
(B) a description of the training,
equipment, supplies, and services to be
provided using such funds;
(C) a detailed description of the amount of
funds proposed to be obligated or expended to
supply such training, equipment, supplies or
services, including any funds proposed to be
obligated or expended to support the
participation of another department or agency
of the United States and a description of the
training, equipment, supplies, or services
proposed to be supplied;
(D) an evaluation of the effectiveness of
the efforts of the foreign country identified
under subparagraph (A) to counter the flow of
improvised explosive device precursor
chemicals; and
(E) an overall plan for countering the flow
of precursor chemicals in the foreign country
identified under subparagraph (A).
(4) Expiration.--The authority provided by this
subsection expires on December 31, 2018.
SEC. 1523. COMPTROLLER GENERAL REPORT ON FEASIBILITY OF SEPARATION OF
EXPENDITURES.
(a) In General.--.Not later than one year after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report
assessing the feasibility of separating expenditures of amounts
appropriated for overseas contingency operations from
expenditures of all other amounts appropriated for the
Department of Defense.
(b) Elements.--The report required under subsection (a)
shall include each of the following:
(1) A review of the processes the Department of
Defense currently employs to separate expenditures of
amounts appropriated for overseas contingency
operations from expenditures of all other amounts
appropriated for the Department of Defense.
(2) A review of the processes the Department of the
Treasury currently employs to separate expenditures of
amounts appropriated for overseas contingency
operations from expenditures of all other amounts
appropriated for the Department of Defense.
(3) A comparison between each of the processes
described in paragraphs (1) and (2) and generally
accepted accounting principles.
(4) A description of the costs and requirements
associated with implementing proposed alternatives to
the processes described in paragraphs (1) and (2) for
more effectively separating expenditures of amounts
appropriated for overseas contingency operations from
expenditures of all other amounts appropriated for the
Department of Defense.
(5) Any related information the Comptroller General
considers appropriate.
SEC. 1524. GUIDELINES FOR BUDGET ITEMS TO BE COVERED BY OVERSEAS
CONTINGENCY OPERATIONS ACCOUNTS.
Not later than 270 days after the date of the enactment of
this Act, the Secretary of Defense, in consultation with the
Director of Management and Budget, shall update the guidelines
regarding the budget items that may be covered by overseas
contingency operations accounts.
TITLE XVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS
Subtitle A--Space Activities
Sec. 1601. Space acquisition and management and oversight.
Sec. 1602. Codification, extension, and modification of limitation on
construction on United States territory of satellite
positioning ground monitoring stations of foreign governments.
Sec. 1603. Foreign commercial satellite services: cybersecurity threats
and launches.
Sec. 1604. Extension of pilot program on commercial weather data.
Sec. 1605. Evolved Expendable Launch Vehicle modernization and
sustainment of assured access to space.
Sec. 1606. Demonstration of backup and complementary positioning,
navigation, and timing capabilities of Global Positioning
System.
Sec. 1607. Enhancement of positioning, navigation, and timing capacity.
Sec. 1608. Commercial satellite communications pathfinder program.
Sec. 1609. Launch support and infrastructure modernization.
Sec. 1610. Limitation on availability of funding for Joint Space
Operations Center mission system.
Sec. 1611. Limitation on use of funds for Delta IV launch vehicle.
Sec. 1612. Air Force space contractor responsibility watch list.
Sec. 1613. Certification and briefing on operational and contingency
plans for loss or degradation of space capabilities.
Sec. 1614. Report on protected satellite communications.
Sec. 1615. Sense of Congress on establishment of Space Flag training
event.
Sec. 1616. Sense of Congress on coordinating efforts to prepare for
space weather events.
Sec. 1617. Sense of Congress on National Space Defense Center.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
Sec. 1621. Security clearances for facilities of certain companies.
Sec. 1622. Extension of authority to engage in certain commercial
activities.
Sec. 1623. Submission of audits of commercial activity funds.
Sec. 1624. Clarification of annual briefing on the intelligence,
surveillance, and reconnaissance requirements of the combatant
commands.
Sec. 1625. Consideration of service by recipients of Boren scholarships
and fellowships in excepted service positions as service by
such recipients under career appointments for purposes of
career tenure.
Sec. 1626. Review of support provided by Defense intelligence elements
to acquisition activities of the Department.
Sec. 1627. Establishment of Chairman's controlled activity within Joint
Staff for intelligence, surveillance, and reconnaissance.
Sec. 1628. Requirements relating to multi-use sensitive compartmented
information facilities.
Sec. 1629. Limitation on availability of funds for certain
counterintelligence activities.
Subtitle C--Cyberspace-Related Matters
Part I--General Cyber Matters
Sec. 1631. Notification requirements for sensitive military cyber
operations and cyber weapons.
Sec. 1632. Modification to quarterly cyber operations briefings.
Sec. 1633. Policy of the United States on cyberspace, cybersecurity, and
cyber warfare.
Sec. 1634. Prohibition on use of products and services developed or
provided by Kaspersky Lab.
Sec. 1635. Modification of authorities relating to establishment of
unified combatant command for cyber operations.
Sec. 1636. Modification of definition of acquisition workforce to
include personnel contributing to cybersecurity systems.
Sec. 1637. Integration of strategic information operations and cyber-
enabled information operations.
Sec. 1638. Exercise on assessing cybersecurity support to election
systems of States.
Sec. 1639. Measurement of compliance with cybersecurity requirements for
industrial control systems.
Sec. 1640. Strategic Cybersecurity Program.
Sec. 1641. Plan to increase cyber and information operations,
deterrence, and defense.
Sec. 1642. Evaluation of agile or iterative development of cyber tools
and applications.
Sec. 1643. Assessment of defense critical electric infrastructure.
Sec. 1644. Cyber posture review.
Sec. 1645. Briefing on cyber capability and readiness shortfalls.
Sec. 1646. Briefing on cyber applications of blockchain technology.
Sec. 1647. Briefing on training infrastructure for cyber mission forces.
Sec. 1648. Report on termination of dual-hat arrangement for Commander
of the United States Cyber Command.
Part II--Cybersecurity Education
Sec. 1649. Cyber Scholarship Program.
Sec. 1649A. Community college cyber pilot program and assessment.
Sec. 1649B. Federal Cyber Scholarship-for-Service program updates.
Sec. 1649C. Cybersecurity teaching.
Subtitle D--Nuclear Forces
Sec. 1651. Annual assessment of cyber resiliency of nuclear command and
control system.
Sec. 1652. Collection, storage, and sharing of data relating to nuclear
security enterprise.
Sec. 1653. Notifications regarding dual-capable F-35A aircraft.
Sec. 1654. Oversight of delayed acquisition programs by Council on
Oversight of the National Leadership Command, Control, and
Communications System.
Sec. 1655. Establishment of Nuclear Command and Control Intelligence
Fusion Center.
Sec. 1656. Security of nuclear command, control, and communications
system from commercial dependencies.
Sec. 1657. Oversight of aerial-layer programs by Council on Oversight of
the National Leadership Command, Control, and Communications
System.
Sec. 1658. Security classification guide for programs relating to
nuclear command, control, and communications and nuclear
deterrence.
Sec. 1659. Evaluation and enhanced security of supply chain for nuclear
command, control, and communications and continuity of
government programs.
Sec. 1660. Procurement authority for certain parts of intercontinental
ballistic missile fuzes.
Sec. 1661. Presidential National Voice Conferencing System and Phoenix
Air-to-Ground Communications Network.
Sec. 1662. Limitation on pursuit of certain command and control concept.
Sec. 1663. Prohibition on availability of funds for mobile variant of
ground-based strategic deterrent missile.
Sec. 1664. Prohibition on reduction of the intercontinental ballistic
missiles of the United States.
Sec. 1665. Modification to annual report on plan for the nuclear weapons
stockpile, nuclear weapons complex, nuclear weapons delivery
systems, and nuclear weapons command and control system.
Sec. 1666. Establishment of procedures for implementation of Nuclear
Enterprise Review.
Sec. 1667. Report on impacts of nuclear proliferation.
Sec. 1668. Certification that the Nuclear Posture Review addresses
deterrent effect and operation of United States nuclear forces
in current and future security environments.
Sec. 1669. Plan to manage Integrated Tactical Warning and Attack
Assessment System and multi-domain sensors.
Sec. 1670. Certification requirement with respect to strategic radiation
hardened trusted microelectronics.
Sec. 1671. Nuclear Posture Review.
Sec. 1672. Sense of Congress on importance of independent nuclear
deterrent of United Kingdom.
Subtitle E--Missile Defense Programs
Sec. 1676. Administration of missile defense and defeat programs.
Sec. 1677. Condition for proceeding beyond low-rate initial production.
Sec. 1678. Preservation of the ballistic missile defense capacity of the
Army.
Sec. 1679. Modernization of Army lower tier air and missile defense
sensor.
Sec. 1680. Defense of Hawaii from North Korean ballistic missile attack.
Sec. 1681. Designation of location of continental United States
interceptor site.
Sec. 1682. Aegis Ashore anti-air warfare capability.
Sec. 1683. Development of persistent space-based sensor architecture.
Sec. 1684. Iron Dome short-range rocket defense system and Israeli
Cooperative Missile Defense Program co-development and co-
production.
Sec. 1685. Boost phase ballistic missile defense.
Sec. 1686. Ground-based interceptor capability, capacity, and
reliability.
Sec. 1687. Limitation on availability of funds for ground-based
midcourse defense element of the ballistic missile defense
system.
Sec. 1688. Plan for development of space-based ballistic missile
intercept layer.
Sec. 1689. Sense of Congress on the state of the missile defense of the
United States.
Sec. 1690. Sense of Congress and report on ground-based midcourse
defense testing.
Subtitle F--Other Matters
Sec. 1691. Commission to Assess the Threat to the United States From
Electromagnetic Pulse Attacks and Similar Events.
Sec. 1692. Protection of certain facilities and assets from unmanned
aircraft.
Sec. 1693. Conventional prompt global strike weapons system.
Sec. 1694. Business case analysis regarding ammonium perchlorate.
Sec. 1695. Report on industrial base for large solid rocket motors and
related technologies.
Sec. 1696. Pilot program on enhancing information sharing for security
of supply chain.
Sec. 1697. Pilot program on electromagnetic spectrum mapping.
Sec. 1698. Use of commercial items in Distributed Common Ground Systems.
Subtitle A--Space Activities
SEC. 1601. SPACE ACQUISITION AND MANAGEMENT AND OVERSIGHT.
(a) Air Force Space Command.--
(1) In general.--Chapter 135 of title 10, United
States Code, is amended by adding at the end the
following new section:
``Sec. 2279c. Air Force Space Command
``(a) Commander.--(1) The head of the Air Force Space
Command shall be the Commander of the Air Force Space Command,
who shall be appointed in accordance with section 601 of this
title. The officer serving as Commander, while so serving, has
the grade of general without vacating the permanent grade of
the officer.
``(2) The Commander shall be appointed to serve a term of
six years. The Secretary may propose to promote the individual
serving as the Commander during that term of appointment.
``(3) The incumbent Commander may serve as the first
Commander after the date of the enactment of this Act.
``(b) Authorities.--In addition to the authorities and
responsibilities assigned to the Commander before the date of
the enactment of this section, the Commander has the sole
authority with respect to each of the following:
``(1) Organizing, training, and equipping personnel
and operations of the space forces of the Air Force.
``(2) Subject to the direction of the Secretary of
the Air Force, serving as the service acquisition
executive under section 1704 of this title for defense
space acquisitions.
``(3) In consultation with the Chief Information
Officer of the Department of Defense, procurement of
commercial satellite communications services for the
Department of Defense for such services entered into on
or after the date that is one year after the date of
the enactment of this section.''.
(2) Clerical amendment.--The table of sections for
such chapter is amended by inserting after the item
relating to section 2279b the following new item:
``2279c. Air Force Space Command.''.
(3) Rule of construction.--Nothing in subsection
(b)(1) of section 2279c of title 10, United States
Code, as added by paragraph (1), may be construed to
prohibit or otherwise affect the authority of the
Secretary of the Air Force to provide to the space
forces of the Air Force the services of the Department
of the Air Force relating to basic personnel functions,
the United States Air Force Academy, recruitment, and
basic training.
(b) Termination of Certain Positions and Entities.--
(1) In general.--Effective 30 days after the date
of the enactment of this Act--
(A) the position, and the office of, the
Principal Department of Defense Space Advisor
(previously known as the Department of Defense
Executive Agent for Space) shall be terminated;
(B) the duties, responsibilities, and
personnel of such office specified in
subparagraph (A) shall be transferred to a
single official selected by the Deputy
Secretary of Defense, without delegation,
except the Deputy Secretary may not select the
Secretary of the Air Force nor the Under
Secretary of Defense for Intelligence;
(C) any reference in Federal law,
regulations, guidance, instructions, or other
documents of the Federal Government to the
Principal Department of Defense Space Advisor
or the Department of Defense Executive Agent
for Space shall be deemed to be a reference to
the official selected by the Deputy Secretary
under subparagraph (B);
(D) the position, and the office of, the
Deputy Chief of Staff of the Air Force for
Space Operations shall be terminated; and
(E) the Defense Space Council shall be
terminated.
(2) Principal advisor on space control.--
(A) Repeal.--Section 2279a of title 10,
United States Code, is repealed.
(B) Clerical amendment.--The table of
sections for chapter 135 of such title is
amended by striking the item relating to
section 2279a.
(b) Redesignation of Operationally Responsive Space Program
Office as Space Rapid Capabilities Office; Reporting to Air
Force Space Command.--
(1) In general.--Section 2273a of title 10, United
States Code, is amended--
(A) in the section heading, by striking
``Operationally Responsive Space Program'' and
inserting ``Space Rapid Capabilities'';
(B) in subsection (a)--
(i) by striking ``Air Force Space
and Missile Systems Center of the
Department of Defense'' and inserting
``Air Force Space Command''; and
(ii) by striking ``Operationally
Responsive Space Program'' and
inserting ``Space Rapid Capabilities'';
(C) in subsection (b), by striking ``Air
Force Space and Missile Systems Center'' and
inserting ``Air Force Space Command'';
(D) in subsections (c) and (f), by striking
``operationally responsive space'' each place
it appears and inserting ``space rapid
capabilities'';
(E) in subsection (d)--
(i) in the matter preceding
paragraph (1), by striking
``operationally responsive space'' and
inserting ``space rapid capabilities'';
(ii) in paragraph (1), by striking
``capabilities for operationally
responsive space'' and inserting
``space rapid capabilities'';
(iii) in paragraphs (2) and (3), by
striking ``operationally responsive
space'' each place it appears and
inserting ``space rapid capabilities'';
and
(iv) in paragraph (4), by striking
``operationally responsive space
capabilities'' and inserting ``space
rapid capabilities''.
(F) in subsection (g)(1), by striking
``Operationally Responsive Space'' and
inserting ``Space Rapid Capabilities''.
(2) Clerical amendment.--The table of sections for
chapter 135 of such title is amended by striking the
item relating to section 2273a and inserting the
following new item:
``2273a. Space Rapid Capabilities Office.''.
(c) Review of Structure.--
(1) Review.--The Deputy Secretary of Defense shall
conduct a review and identify a recommended
organizational and management structure for the
national security space components of the Department of
Defense, including the Air Force Space Command, that
implements the organizational policy guidance expressed
in this section and the amendments made by this
section.
(2) Interim report.--Not later than March 1, 2018,
the Deputy Secretary of Defense shall submit to the
congressional defense committees an interim report on
the review and recommended organizational and
management structure for the national security space
components of the Department of Defense, including the
Air Force Space Command, under paragraph (1).
(3) Final report.--Not later than August 1, 2018,
the Deputy Secretary of Defense shall submit to the
congressional defense committees a final report on the
review and recommended organizational and management
structure for the national security space components of
the Department of Defense, including the Air Force
Space Command, under paragraph (1), including--
(A) a proposed implementation plan for how
the Deputy Secretary would implement the
recommendations;
(B) recommendations for revisions to
appointments and qualifications, duties and
powers, and precedent in the Department;
(C) recommendations for such legislative
and administrative action, including conforming
and other amendments to law, as the Deputy
Secretary considers appropriate to implement
the plan; and
(D) any other matters that the Deputy
Secretary considers appropriate.
(4) Prohibition on delegation.--The Deputy
Secretary of Defense may not delegate the authority to
carry out this subsection.
(d) Independent Plan to Establish Military Department.--
(1) Plan.--Not later than 45 days after the date of
the enactment of this Act, the Deputy Secretary of
Defense shall seek to enter into a contract with a
federally funded research and development center that
is not closely affiliated with the Department of the
Air Force to develop a plan to establish a separate
military department responsible for the national
security space activities of the Department of Defense.
Such plan shall include recommendations for legislative
language.
(2) Interim report.--Not later than August 1, 2018,
the Deputy Secretary shall submit to the congressional
defense committees an interim report on the plan
developed under paragraph (1).
(3) Final report.--Not later than December 31,
2018, the Deputy Secretary shall submit to the
congressional defense committees a final report
containing the plan developed under paragraph (1),
without change.
SEC. 1602. CODIFICATION, EXTENSION, AND MODIFICATION OF LIMITATION ON
CONSTRUCTION ON UNITED STATES TERRITORY OF
SATELLITE POSITIONING GROUND MONITORING STATIONS OF
FOREIGN GOVERNMENTS.
(a) Codification, Extension, and Modification.--Chapter 135
of title 10, United States Code, is amended by adding at the
end the following new section:
``Sec. 2279c. Limitation on construction on United States territory of
satellite positioning ground monitoring stations of
certain foreign governments.
``(b) Exception.--The limitation in subsection (a) shall
not apply to foreign governments that are allies of the United
States.
``(c) Sunset.--The limitation in subsection (a) shall
terminate on December 31, 2023.''.
(b) Transfer of Provision.--Subsection (b) of section 1602
of the National Defense Authorization Act for Fiscal Year 2014
(Public Law 113-66; 10 U.S.C. 2281 note) is--
(1) transferred to section 2279c of title 10,
United States Code, as added by subsection (a);
(2) inserted as the first subsection of such
section;
(3) redesignated as subsection (a); and
(4) amended--
(A) by amending the subsection heading to
read as follows: ``Limitation''; and
(B) by striking paragraph (6).
SEC. 1603. FOREIGN COMMERCIAL SATELLITE SERVICES: CYBERSECURITY THREATS
AND LAUNCHES.
(a) Cybersecurity Risks.--Subsection (a) of section 2279 of
title 10, United States Code, is amended--
(1) in paragraph (1), by striking ``; or'' and
inserting a semicolon;
(2) in paragraph (2), by striking the period at the
end and inserting: ``; or''; and
(3) by adding at the end the following new
paragraph:
``(3) entering into such contract would create an
unacceptable cybersecurity risk for the Department of
Defense.''.
(b) Launches.--Such section is amended--
(1) by redesignating subsections (b) through (e) as
subsections (c) through (f), respectively; and
(2) by inserting after subsection (a) the following
new subsection (b):
``(b) Launches and Manufacturers.--
``(1) Limitation.--In addition to the prohibition
in subsection (a), and except as provided in paragraph
(2) and in subsection (c), the Secretary may not enter
into a contract for satellite services with any entity
if the Secretary reasonably believes that such
satellite services will be provided using satellites
that will be--
``(A) designed or manufactured in a covered
foreign country, or by an entity controlled in
whole or in part by, or acting on behalf of,
the government of a covered foreign country; or
``(B) launched using a launch vehicle that
is designed or manufactured in a covered
foreign country, or that is provided by the
government of a covered foreign country or by
an entity controlled in whole or in part by, or
acting on behalf of, the government of a
covered foreign country, regardless of the
location of the launch (unless such location is
in the United States).
``(2) Exception.--The limitation in paragraph (1)
shall not apply with respect to--
``(A) a launch that occurs prior to
December 31, 2022; or
``(B) a contract or other agreement
relating to launch services that, prior to the
date that is 180 days after the date of the
enactment of this subsection, was either fully
paid for by the contractor or covered by a
legally binding commitment of the contractor to
pay for such services.
``(3) Launch vehicle defined.--In this subsection,
the term `launch vehicle' means a fully integrated
space launch vehicle.''.
(c) Definitions.--Subsection (f) of section 2279 of title
10, United States Code, as redesignated by subsection
(b)(1)(A), is amended to read as follows:
``(f) Definitions.--In this section:
``(1) The term `covered foreign country' means any
of the following:
``(A) A country described in section
1261(c)(2) of the National Defense
Authorization Act for Fiscal Year 2013 (Public
Law 112-239; 126 Stat. 2019).
``(B) The Russian Federation.
``(2) The term `cybersecurity risk' means threats
to and vulnerabilities of information or information
systems and any related consequences caused by or
resulting from unauthorized access, use, disclosure,
degradation, disruption, modification, or destruction
of such information or information systems, including
such related consequences caused by an act of
terrorism.''.
(d) Conforming and Clerical Amendments.--
(1) Conforming amendments.--Such section 2279 is
further amended--
(A) in the section heading, by striking
``services'' and inserting ``services and
foreign launches'';
(B) by striking ``subsection (b)'' each
place it appears and inserting ``subsection
(c)'';
(C) in subsection (a)(2), by striking
``launch or other'';
(D) in subsection (c), as redesignated by
subsection (b)(1), by striking ``prohibition in
subsection (a)'' and inserting ``prohibitions
in subsection (a) and (b)''; and
(E) in subsection (d), as so redesignated,
by striking ``prohibition under subsection
(a)'' and inserting ``prohibition under
subsection (a) or (b)''.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 135 of title 10, United States
Code, is amended by striking the item relating to
section 2279 and inserting the following:
``2279. Foreign commercial satellite services and foreign launches.''.
(e) Application.--Except as otherwise specifically
provided, the amendments made by this section shall apply with
respect to contracts for satellite services awarded by the
Secretary of Defense on or after the date of the enactment of
this Act.
SEC. 1604. EXTENSION OF PILOT PROGRAM ON COMMERCIAL WEATHER DATA.
Section 1613 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328) is amended--
(1) in subsection (b), by striking ``one year'' and
inserting ``two years'';
(2) in subsection (c)--
(A) by striking ``Committees on Armed
Services of the House of Representatives and
the Senate'' each place it appears and
inserting ``appropriate congressional
committees''; and
(B) by adding at the end the following new
paragraph:
``(3) Appropriate congressional committees
defined.--In this subsection, the term `appropriate
congressional committees' means--
``(A) the Committees on Armed Services of
the Senate and the House of Representatives;
and
``(B) the Select Committee on Intelligence
of the Senate and the Permanent Select
Committee on Intelligence of the House of
Representatives.''.
SEC. 1605. EVOLVED EXPENDABLE LAUNCH VEHICLE MODERNIZATION AND
SUSTAINMENT OF ASSURED ACCESS TO SPACE.
(a) Development.--
(1) Evolved expendable launch vehicle.--Using funds
described in paragraph (3), the Secretary of Defense
may only obligate or expend funds to carry out the
evolved expendable launch vehicle program to--
(A) develop a domestic rocket propulsion
system to replace non-allied space launch
engines;
(B) develop the necessary interfaces to, or
integration of, such domestic rocket propulsion
system with an existing or planned launch
vehicle; and
(C) develop capabilities necessary to
enable existing or planned commercially
available space launch vehicles or
infrastructure that are primarily for national
security space missions to meet the assured
access to space requirements pursuant to
section 2273 of title 10, United States Code.
(2) Prohibition.--Except as provided in this
section, none of the funds described in paragraph (3)
shall be obligated or expended for the evolved
expendable launch vehicle program.
(3) Funds described.--The funds described in this
paragraph are the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year
2018 for research, development, test, and evaluation,
Air Force, for the evolved expendable launch vehicle
program.
(4) Termination.--The authority to carry out
subparagraphs (A) and (B) of paragraph (1) shall
terminate on the date on which the Secretary of the Air
Force certifies to the congressional defense committees
that a successful full-scale test of a domestic rocket
engine has occurred.
(b) Other Authorities.--Nothing in this section shall
affect or prohibit the Secretary from procuring launch services
of evolved expendable launch vehicle launch systems, including
with respect to any associated operation and maintenance of
capabilities and infrastructure relating to such systems.
(c) Notification.--Not later than 30 days before any date
on which the Secretary publishes a draft or final request for
proposals, or obligates funds, for the development under
subsection (a)(1), the Secretary shall notify the congressional
defense committees of such proposed draft or final request for
proposals or proposed obligation, as the case may be. If such
proposed draft or final request for proposals or proposed
obligation relates to intelligence requirements, the Secretary
shall also notify the Permanent Select Committee on
Intelligence of the House of Representatives and the Select
Committee on Intelligence of the Senate.
(d) Assessment.--Not later than 120 days after the date of
the enactment of this Act, the Secretary, in coordination with
the Director of Cost Assessment and Program Evaluation, shall
submit to the congressional defense committees, the Permanent
Select Committee on Intelligence of the House of
Representatives, and the Select Committee on Intelligence of
the Senate a report containing an assessment of the most cost-
effective method to meet the assured access to space
requirements pursuant to section 2273 of title 10, United
States Code, with respect to each of the following periods:
(1) The five-year period beginning on the date of
the report.
(2) The 10-year period beginning on the date of the
report.
(3) The period consisting of the full lifecycle of
the evolved expendable launch vehicle program.
(e) Rocket Propulsion System Defined.--In this section, the
term ``rocket propulsion system'' means, with respect to the
development authorized by subsection (a)(1), a main booster,
first-stage rocket engine (including such an engine using
kerosene or methane-based or other propellant) or motor. The
term does not include a launch vehicle, an upper stage, a
strap-on motor, or related infrastructure.
SEC. 1606. DEMONSTRATION OF BACKUP AND COMPLEMENTARY POSITIONING,
NAVIGATION, AND TIMING CAPABILITIES OF GLOBAL
POSITIONING SYSTEM.
(a) Plan.--During fiscal year 2018, the Secretary of
Defense, the Secretary of Transportation, and the Secretary of
Homeland Security (referred to in this section as the
``Secretaries'') shall jointly develop a plan for carrying out
a backup GPS capability demonstration. The plan shall--
(1) be based on the results of the study conducted
under section 1618 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-
328; 130 Stat. 2595); and
(2) include the activities that the Secretaries
determine necessary to carry out such demonstration.
(b) Briefing.--Not later than 120 days after the date of
the enactment of this Act, the Secretaries shall provide to the
appropriate congressional committees a briefing on the plan
developed under subsection (a). The briefing shall include--
(1) identification of the sectors that would be
expected to participate in the backup GPS capability
demonstration described in the plan;
(2) an estimate of the costs of implementing the
demonstration in each sector identified in paragraph
(1); and
(3) an explanation of the extent to which the
demonstration may be carried out with the funds
appropriated for such purpose.
(c) Implementation.--
(1) In general.--Subject to the availability of
appropriations and beginning not earlier than the day
after the date on which the briefing is provided under
subsection (b), the Secretaries shall jointly initiate
the backup GPS capability demonstration to the extent
described under subsection (b)(3).
(2) Termination.--The authority to carry out the
backup GPS capability demonstration under paragraph (1)
shall terminate on the date that is 18 months after the
date of the enactment of this Act.
(d) Report.--Not later than 18 months after the date of the
enactment of this Act, the Secretaries shall submit to the
appropriate congressional committees a report on the backup GPS
capability demonstration carried out under subsection (c) that
includes--
(1) a description of the opportunities and
challenges learned from such demonstration; and
(2) a description of the next actions the
Secretaries determine appropriate to backup and
complement the positioning, navigation, and timing
capabilities of the Global Positioning System for
national security and critical infrastructure,
including, at a minimum, the timeline and funding
required to issue a request for proposals for such
capabilities.
(e) NSPD-39.--
(1) Joint funding.--The costs to carry out this
section shall be consistent with the responsibilities
established in National Security Presidential Directive
39 titled ``U.S. Space-Based Positioning, Navigation,
and Timing Policy''.
(2) Construction.--Nothing in this section may be
construed to modify the roles or responsibilities
established in such National Security Presidential
Directive 39.
(f) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section for fiscal year
2018 not more than $10,000,000 for the Department of Defense,
as specified in the funding tables in division D.
(g) Definitions.--In this section:
(1) The term ``appropriate congressional
committees'' means--
(A) the congressional defense committees;
(B) the Committee on Science, Space, and
Technology, the Committee on Transportation and
Infrastructure, and the Committee on Homeland
Security of the House of Representatives; and
(C) the Committee on Commerce, Science, and
Transportation and the Committee on Homeland
Security and Governmental Affairs of the
Senate.
(2) The term ``backup GPS capability
demonstration'' means a proof-of-concept demonstration
of capabilities to backup and complement the
positioning, navigation, and timing capabilities of the
Global Positioning System for national security and
critical infrastructure.
SEC. 1607. ENHANCEMENT OF POSITIONING, NAVIGATION, AND TIMING CAPACITY.
(a) Plan.--The Secretary of Defense, acting through the
Council on Oversight of the Department of Defense Positioning,
Navigation, and Timing Enterprise established by section 2279b
of title 10, United States Code, shall develop a plan to
increase the positioning, navigation, and timing capacity of
the Department of Defense to provide resilience to the
positioning, navigation, and timing capabilities of the
Department. Such plan shall--
(1) ensure that military Global Positioning System
user equipment terminals have the capability, including
with appropriate mitigation efforts, to receive trusted
signals from the Galileo satellites of the European
Union and the QZSS satellites of Japan, beginning with
increment 2 of the acquisition of such terminals;
(2) evaluate the risks and benefits with respect to
ensuring the capability described in paragraph (1);
(3) include an assessment of the feasibility,
benefits, and risks of military Global Positioning
System user equipment terminals having the capability
to receive non-allied positioning, navigation, and
timing signals, beginning with increment 2 of the
acquisition of such terminals;
(4) include an assessment of options to use hosted
payloads to provide redundancy for the Global
Positioning System signal;
(5) ensure that the Secretary, with the concurrence
of the Secretary of State, engages with relevant allies
of the United States to--
(A) enable military Global Positioning
System user equipment terminals to receive the
positioning, navigation, and timing signals of
such allies; and
(B) negotiate other potential agreements
relating to the enhancement of positioning,
navigation, and timing;
(6) include any other options the Secretary of
Defense determines appropriate and a determination by
the Secretary regarding whether the plan should be
implemented; and
(7) include an evaluation by the Director of
National Intelligence of the benefits and risks of
using non-allied positioning, navigation, and timing
signals.
(b) Submission.--Not later than 120 days after the date of
the enactment of this Act, the Secretary shall--
(1) submit to the congressional defense committees,
the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Foreign Relations
of the Senate the plan under subsection (a); and
(2) submit to the Permanent Select Committee on
Intelligence of the House of Representatives and the
Select Committee on Intelligence of the Senate the
evaluation described in paragraph (6) of such
subsection.
SEC. 1608. COMMERCIAL SATELLITE COMMUNICATIONS PATHFINDER PROGRAM.
(a) Report.--Not later than March 1, 2018, the Secretary of
the Air Force shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report that
includes the views and plans of the Secretary with respect to
using the transaction authority provided by section 2371 of
title 10, United States Code, to acquire from commercial
providers a portion of the satellite bandwidth, ground
services, and advanced services for the pathfinder program.
(b) Definition.--In this section, the term ``pathfinder
program'' means the commercial satellite communications
programs of the Air Force designed to demonstrate the
feasibility of new, alternative acquisition and procurement
models for commercial satellite communications.
SEC. 1609. LAUNCH SUPPORT AND INFRASTRUCTURE MODERNIZATION.
(a) In General.--In support of the policy specified in
section 2273 of title 10, United States Code, the Secretary of
Defense shall carry out a program to modernize infrastructure
and improve support activities for the processing and launch of
United States national security space vehicles launching from
Federal ranges.
(b) Elements.--The program under subsection (a) shall
include--
(1) investments in infrastructure to improve
operations at the Eastern and Western Ranges that may
benefit all users, to enhance the overall capabilities
of ranges, to improve safety, and to reduce the long-
term cost of operations and maintenance;
(2) measures to normalize processes, systems, and
products across the Eastern and Western ranges to
minimize the burden on launch providers; and
(3) improvements in transparency, flexibility, and,
responsiveness for launch scheduling.
(c) Consultation.--In carrying out the program under
subsection (a), the Secretary may consult with current and
anticipated users of the Eastern and Western Ranges.
(d) Cooperation.--In carrying out the program under
subsection (a), the Secretary may consider partnerships
authorized under section 2276 of title 10, United States Code.
(e) Report.--
(1) Report required.--Not later than 120 days after
the date of the enactment of this Act, the Secretary
shall submit to the congressional defense committees a
report on the plan for the implementation of the
program under subsection (a).
(2) Elements.--The report under paragraph (1) shall
include--
(A) a description of plans and the
resources needed to improve launch support
infrastructure, utilities, support equipment,
and range operations;
(B) a description of plans to streamline
and normalize processes, systems, and products
at the Eastern and Western ranges, to ensure
consistency for range users; and
(C) recommendations for improving
transparency, flexibility, and responsiveness
in launch scheduling.
SEC. 1610. LIMITATION ON AVAILABILITY OF FUNDING FOR JOINT SPACE
OPERATIONS CENTER MISSION SYSTEM.
(a) Limitation.--Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2018
for the Joint Space Operations Center mission system, not more
than 75 percent may be obligated or expended until the date on
which the Secretary of the Air Force certifies to the
congressional defense committees that the Secretary has
developed the plan under subsection (b).
(b) Plan.--The Secretary shall develop and implement a plan
to operationalize existing commercial space situational
awareness capabilities to address warfighter requirements,
consistent with the best-in-breed concept. Except as provided
by subsection (c), the Secretary shall commence such
implementation by not later than May 30, 2018.
(c) Waiver.--The Secretary may waive the implementation of
the plan developed under subsection (b) if the Secretary
determines that existing commercial capabilities will not
address national security requirements or existing space
situational awareness capability gaps. The authority under this
subsection may not be delegated below the Deputy Secretary of
Defense.
SEC. 1611. LIMITATION ON USE OF FUNDS FOR DELTA IV LAUNCH VEHICLE.
None of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2018 or any fiscal
year thereafter for the Air Force may be obligated or expended
to maintain infrastructure, system engineering, critical
skills, base and range support, depreciation, or sustainment
commodities for the Delta IV launch vehicle until the date on
which the Secretary of the Air Force submits to the
congressional defense committees a certification that the Air
Force plans to launch a satellite procured by the Air Force on
a Delta IV launch vehicle during the three-year period
beginning on the date of the certification.
SEC. 1612. AIR FORCE SPACE CONTRACTOR RESPONSIBILITY WATCH LIST.
(a) In General.--The Commander of the Air Force Space and
Missile Systems Center shall establish and maintain a watch
list of contractors with a history of poor performance on space
procurement contracts or research, development, test, and
evaluation space program contracts.
(b) Basis for Inclusion on List.--
(1) Determination.--The Commander may place a
contractor on the watch list established under
subsection (a) upon determining that the ability of the
contractor to perform a contract specified in such
subsection is uncertain because of any of the following
issues:
(A) Poor performance or award fee scores
below 50 percent.
(B) Financial concerns.
(C) Felony convictions or civil judgements.
(D) Security or foreign ownership and
control issues.
(2) Discretion of the commander.--The Commander
shall be responsible for determining which contractors
to place on the watch list, whether an entire company
or a specific division should be included, and when to
remove a contractor from the list.
(c) Effect of Listing.--
(1) Prime contracts.--The Commander may not solicit
an offer from, award a contract to, execute an
engineering change proposal with, or exercise an option
on any space program of the Air Force with a contractor
included on the list established under subsection (a)
without the prior approval of the Commander.
(2) Subcontracts.--A prime contractor on a contract
entered into with the Air Force Space and Missile
Systems Center may not enter into a subcontract valued
in excess of $3,000,000 or five percent of the prime
contract value, whichever is lesser, with a contractor
included on the watch list established under subsection
(a) without the prior approval of the Commander.
(d) Request for Removal From List.--A contractor may submit
to the Commander a written request for removal from the watch
list, including evidence that the contractor has resolved the
issue that was the basis for inclusion on the list.
(e) Rule of Construction.--Nothing in this section shall be
construed as preventing the suspension or debarment of a
contractor, but inclusion on the watch list shall not be
construed as a punitive measure or de facto suspension or
debarment of a contractor.
SEC. 1613. CERTIFICATION AND BRIEFING ON OPERATIONAL AND CONTINGENCY
PLANS FOR LOSS OR DEGRADATION OF SPACE
CAPABILITIES.
(a) Certification.--Not later than 120 days after the date
of the enactment of this Act, the Secretary of Defense and the
Chairman of the Joint Chiefs of Staff shall jointly certify to
the appropriate congressional committees that appropriate
contingency plans exist in the event of a loss or degradation
of space capabilities of the United States.
(b) Briefing.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense and the
Chairman of the Joint Chiefs of Staff shall jointly provide to
the appropriate congressional committees a briefing on the
mitigation of any loss or degradation of space capabilities
pursuant to contingency plans described in subsection (a).
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The Committees on Armed Services of the House
of Representatives and the Senate.
(2) The Permanent Select Committee on Intelligence
of the House of Representatives and the Select
Committee on Intelligence of the Senate.
SEC. 1614. REPORT ON PROTECTED SATELLITE COMMUNICATIONS.
Not later than 120 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on protected
satellite communications that contains each of the following:
(1) A joint certification by the Commander of the
United States Strategic Command and the Commander of
the United States Northern Command that a protected
satellite communications system other than the advanced
extremely high frequency program will meet all
applicable requirements for the nuclear command,
control, and communications mission of the Department
of Defense, the continuity of government mission of the
Department, and all other functions relating to
protected communications of the national command
authority and the combatant commands, including with
respect to operational forces in a peer-near-peer
jamming environment.
(2) With respect to such a protected satellite
communications system other than the advanced extremely
high frequency program, a certification by the Chairman
of the Joint Chiefs of Staff that there is a validated
military requirement that meets requirements for
resilience, mission assurance, and the nuclear command,
control, and communications mission of the Department
of Defense.
(3) An assessment by the Chairman of the Joint
Chiefs of Staff on the effect of developing and
fielding all the waveforms and terminals required to
use such a protected satellite communications system
other than the advanced extremely high frequency
program.
(4) A detailed plan by the Secretary of the Air
Force for the ground control system and all user
terminals developed and acquired by the Air Force to be
synchronized through development and deployment to meet
all applicable requirements specified in paragraph (1).
SEC. 1615. SENSE OF CONGRESS ON ESTABLISHMENT OF SPACE FLAG TRAINING
EVENT.
It is the sense of Congress that--
(1) the Secretary of Defense should establish an
annual capstone training event titled ``Space Flag''
for space professionals to--
(A) develop and test doctrine, concepts of
operation, and tactics, techniques, and
procedures, for--
(i) protecting and defending assets
and interests of the United States
through the spectrum of space control
activities;
(ii) operating in the event of
degradation or loss of space
capabilities;
(iii) conducting space operations
in a conflict that extends to space;
(iv) deterring conflict in space;
and
(v) other areas the Secretary
determines necessary; and
(B) inform and develop the appropriate
design of the operational training
infrastructure of the space domain, including
with respect to appropriate and dedicated
ranges, threat replication, test community
support, advanced space training requirements,
training simulators, and multi-domain force
packaging; and
(2) such a training event should--
(A) be modeled on the Red Flag and Cyber
Flag exercises; and
(B) include live, virtual, and constructive
training and on-orbit threat replication, as
appropriate.
SEC. 1616. SENSE OF CONGRESS ON COORDINATING EFFORTS TO PREPARE FOR
SPACE WEATHER EVENTS.
It is the sense of Congress that the Secretary of Defense
should ensure the timely provision of operational space weather
observations, analyses, forecasts, and other products to
support the mission of the Department of Defense and coalition
partners, including the provision of alerts and warnings for
space weather phenomena that may affect weapons systems,
military operations, or the defense of the United States.
SEC. 1617. SENSE OF CONGRESS ON NATIONAL SPACE DEFENSE CENTER.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the National Space Defense Center is critical
to defending and securing the space domain in order to
protect all United States assets in space;
(2) integration between the intelligence community
and the Department of Defense within the National Space
Defense Center is essential to detecting, assessing,
and reacting to evolving space threats; and
(3) the Department of Defense, including the
military departments, and the elements of the
intelligence community should seek ways to bolster
integration with respect to space threats through work
at the National Space Defense Center.
(b) Intelligence Community Defined.--In this section, the
term ``intelligence community'' has the meaning given that term
in section 3(4) of the National Security Act of 1947 (50 U.S.C.
3003(4)).
Subtitle B--Defense Intelligence and Intelligence-Related Activities
SEC. 1621. SECURITY CLEARANCES FOR FACILITIES OF CERTAIN COMPANIES.
(a) In General.--Chapter 141 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2410s. Security clearances for facilities of certain companies.
``(a) Authority.--If the senior management official of a
covered company does not have a security clearance, the
Secretary of Defense may grant a security clearance to a
facility of such company only if the following criteria are
met:
``(1) The company has appointed a senior officer,
director, or employee of the company who has a security
clearance at the level of the security clearance of the
facility to act as the senior management official of
the company with respect to such facility.
``(2) Any senior management official, senior
officer, or director of the company who does not have
such a security clearance will not have access to any
classified information, including with respect to such
facility.
``(3) The company has certified to the Secretary
that the senior officer, director, or employee
appointed under paragraph (1) has the authority to act
on behalf of the company with respect to such facility
independent of any senior management official, senior
officer, or director described in paragraph (2).
``(4) The facility meets all of the requirements to
be granted a security clearance other than any
requirement relating to the senior management official
of the company having an appropriate security
clearance.
``(b) Covered Company.--In this section, the term `covered
company' means a company that has entered into a contract or
agreement with the Department of Defense, assists the
Department, or requires a facility to process classified
information.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2410s. Security clearances for facilities of certain companies''.
SEC. 1622. EXTENSION OF AUTHORITY TO ENGAGE IN CERTAIN COMMERCIAL
ACTIVITIES.
Section 431(a) of title 10, United States Code, is amended
by striking ``December 31, 2017'' and inserting ``December 31,
2023''.
SEC. 1623. SUBMISSION OF AUDITS OF COMMERCIAL ACTIVITY FUNDS.
Section 432(b)(2) of title 10, United States Code, is
amended--
(1) by striking ``promptly''; and
(2) by inserting before the period at the end the
following: ``by not later than December 31 of each
year''.
SEC. 1624. CLARIFICATION OF ANNUAL BRIEFING ON THE INTELLIGENCE,
SURVEILLANCE, AND RECONNAISSANCE REQUIREMENTS OF
THE COMBATANT COMMANDS.
Section 1626 of the Carl Levin and Howard P. ``Buck''
McKeon National Defense Authorization Act for Fiscal Year 2015
(Public Law 113-291; 128 Stat. 3635) is amended--
(1) by inserting ``(including with respect to
space-based intelligence, surveillance, and
reconnaissance)'' after ``intelligence, surveillance,
and reconnaissance requirements'' both places it
appears; and
(2) in paragraph (2), by striking ``critical
intelligence, surveillance and reconnaissance
requirements'' and inserting ``critical intelligence,
surveillance, and reconnaissance requirements
(including with respect to space-based intelligence,
surveillance, and reconnaissance)''.
SEC. 1625. CONSIDERATION OF SERVICE BY RECIPIENTS OF BOREN SCHOLARSHIPS
AND FELLOWSHIPS IN EXCEPTED SERVICE POSITIONS AS
SERVICE BY SUCH RECIPIENTS UNDER CAREER
APPOINTMENTS FOR PURPOSES OF CAREER TENURE.
Section 802(k) of the David L. Boren National Security
Education Act of 1991 (50 U.S.C. 1902(k)) is amended--
(1) by redesignating paragraph (3) as paragraph
(4);
(2) in paragraph (2), in the matter before
subparagraph (A), by striking ``(3)(C)'' and inserting
``(4)(C)''; and
(3) by inserting after paragraph (2) the following:
``(3) Career tenure.--In the case of an individual
whose appointment to a position in the excepted service
is converted to a career or career-conditional
appointment under paragraph (1)(B), the period of
service described in such paragraph shall be treated,
for purposes of the service requirements for career
tenure under title 5, United States Code, as if it were
service in a position under a career or career-
conditional appointment.''.
SEC. 1626. REVIEW OF SUPPORT PROVIDED BY DEFENSE INTELLIGENCE ELEMENTS
TO ACQUISITION ACTIVITIES OF THE DEPARTMENT.
(a) Review.--The Secretary of Defense shall review the
support provided by Defense intelligence elements to the
acquisition activities conducted by the Secretary, with a
specific focus on such support--
(1) consisting of planning, prioritizing, and
resourcing relating to developmental weapon systems;
and
(2) for existing weapon systems throughout the
program lifecycle of such systems.
(b) Budget Structure.--The Secretary shall develop a
specific budget structure for a sustainable funding profile to
ensure the support provided by Defense intelligence elements
described in subsection (a). The Secretary shall implement such
structure beginning with the defense budget materials for
fiscal year 2020.
(c) Briefing.--Not later than May 1, 2018, the Secretary of
Defense shall provide to the appropriate congressional
committees a briefing on the results of the review under
subsection (a) and a plan to carry out subsection (b).
(d) Construction.--Nothing in this section may be construed
to relieve the Director of National Intelligence of the
responsibility to support the acquisition activities of the
Department of Defense through the National Intelligence
Program.
(e) Definitions.--In this section:
(1) The term ``appropriate congressional
committees'' means--
(A) the congressional defense committees;
and
(B) the Permanent Select Committee on
Intelligence of the House of Representatives
and the Select Committee on Intelligence of the
Senate.
(2) The term ``defense budget materials'' has the
meaning given that term in section 231(f) of title 10,
United States Code.
(3) The term ``Defense intelligence element'' means
any of the agencies, offices, and elements of the
Department of Defense included within the definition of
``intelligence community'' under section 3(4) of the
National Security Act of 1947 (50 U.S.C. 3003(4)).
SEC. 1627. ESTABLISHMENT OF CHAIRMAN'S CONTROLLED ACTIVITY WITHIN JOINT
STAFF FOR INTELLIGENCE, SURVEILLANCE, AND
RECONNAISSANCE.
(a) Chairman's Controlled Activity.--The Chairman of the
Joint Chiefs of Staff shall--
(1) undertake the roles, missions, and
responsibilities of, and preserve an equal or greater
number of personnel billets than the amount of such
billets previously prescribed for, the Joint Functional
Component Command for Intelligence, Surveillance, and
Reconnaissance of the United States Strategic Command;
and
(2) not later than 30 days after the date of the
enactment of this Act, establish an organization within
the Joint Staff--
(A) that is designated as the Joint Staff
Intelligence, Surveillance, and Reconnaissance
Directorate and Supporting Chairman's
Controlled Activity;
(B) for which the Chairman of the Joint
Chiefs of Staff shall serve as the joint
functional manager; and
(C) that shall synchronize cross-combatant
command intelligence, surveillance, and
reconnaissance plans and develop strategies
integrating all intelligence, surveillance, and
reconnaissance capabilities provided by joint
services, the National Reconnaissance Office,
combat support intelligence agencies of the
Department of Defense, and allies, to satisfy
the intelligence needs of the combatant
commands for the Department of Defense.
(b) Lead Agent.--The Secretary of Defense shall designate
the Secretary of the Air Force as the lead agent and sponsor
for funding for the organization established under subsection
(a)(2).
(c) Data Collection and Analysis to Support ISR Allocation
and Synchronization Processes.--In coordination with the
Director of Cost Analysis and Program Evaluation, the Chairman
of the Joint Chiefs of Staff shall issue guidance to the
commanders of the geographical combatant commands that requires
the commanders to collect sufficient and relevant data
regarding the effectiveness of intelligence, surveillance, and
reconnaissance measures in a manner that will--
(1) enable the standardized, objective evaluation
and analysis of that data with respect to the use and
effectiveness of the intelligence, surveillance, and
reconnaissance capabilities provided to the commanders;
and
(2) support recommendations made by the
organization established under subsection (a)(2) to the
Secretary of Defense regarding the allocation of
intelligence, surveillance, and reconnaissance
resources of the Department of Defense.
SEC. 1628. REQUIREMENTS RELATING TO MULTI-USE SENSITIVE COMPARTMENTED
INFORMATION FACILITIES.
(a) In General.--In order to facilitate access for small
business concerns and nontraditional defense contractors to
affordable secure spaces, the Secretary of Defense, in
consultation with the Director of National Intelligence, shall
develop processes and procedures necessary to build, certify,
and maintain certifications for multi-use sensitive
compartmented information facilities not tied to a single
contract and where multiple companies can securely work on
multiple projects at different security levels.
(b) Definitions.--In this section:
(1) The term ``small business concern'' has the
meaning given that term under section 3 of the Small
Business Act (15 U.S.C. 632).
(2) The term ``nontraditional defense contractors''
has the meaning given that term in section 2302 of
title 10, United States Code.
SEC. 1629. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN
COUNTERINTELLIGENCE ACTIVITIES.
(a) Limitation on Counterintelligence Activities.--Of the
funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2018 under the Military
Intelligence Program for operation and maintenance, Defense-
wide, for the Defense Intelligence Agency for
counterintelligence activities, not more than 75 percent may be
obligated or expended until the date on which the Director of
the Defense Intelligence Agency submits to the appropriate
congressional committees the report under subsection (b).
(b) Report on Certain Resources.--Not later than March 1,
2018, the Director of the Defense Intelligence Agency shall
submit to the appropriate congressional committees a report
that includes an accounting of the counterintelligence
enterprise management resources transferred from the
Counterintelligence Field Activity to the Defense Intelligence
Agency that identifies such resources that are no longer
dedicated to counterintelligence activities, as of the date of
the report.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees; and
(2) the Permanent Select Committee on Intelligence
of the House of Representatives and the Select
Committee on Intelligence of the Senate.
Subtitle C--Cyberspace-Related Matters
PART I--GENERAL CYBER MATTERS
SEC. 1631. NOTIFICATION REQUIREMENTS FOR SENSITIVE MILITARY CYBER
OPERATIONS AND CYBER WEAPONS.
(a) Notification.--Chapter 3 of title 10, United States
Code, is amended by adding at the end the following new
sections:
``Sec. 130j. Notification requirements for sensitive military cyber
operations
``(a) In General.--Except as provided in subsection (d),
the Secretary of Defense shall promptly submit to the
congressional defense committees notice in writing of any
sensitive military cyber operation conducted under this title
no later than 48 hours following such operation.
``(b) Procedures.--(1) The Secretary of Defense shall
establish and submit to the congressional defense committees
procedures for complying with the requirements of subsection
(a) consistent with the national security of the United States
and the protection of operational integrity. The Secretary
shall promptly notify the congressional defense committees in
writing of any changes to such procedures at least 14 days
prior to the adoption of any such changes.
``(2) The congressional defense committees shall ensure
that committee procedures designed to protect from unauthorized
disclosure classified information relating to national security
of the United States are sufficient to protect the information
that is submitted to the committees pursuant to this section.
``(3) In the event of an unauthorized disclosure of a
sensitive military cyber operation covered by this section, the
Secretary shall ensure, to the maximum extent practicable, that
the congressional defense committees are notified immediately
of the sensitive military cyber operation concerned. The
notification under this paragraph may be verbal or written, but
in the event of a verbal notification a written notification
shall be provided by not later than 48 hours after the
provision of the verbal notification.
``(c) Sensitive Military Cyber Operation Defined.--(1) In
this section, the term `sensitive military cyber operation'
means an action described in paragraph (2) that--
``(A) is carried out by the armed forces of
the United States; and
``(B) is intended to cause cyber effects
outside a geographic location--
``(i) where the armed forces of the
United States are involved in
hostilities (as that term is used in
section 1543 of title 50, United States
Code); or
``(ii) with respect to which
hostilities have been declared by the
United States.
``(2) The actions described in this paragraph are the
following:
``(A) An offensive cyber operation.
``(B) A defensive cyber operation outside the
Department of Defense Information Networks to defeat an
ongoing or imminent threat.
``(d) Exceptions.--The notification requirement under
subsection (a) does not apply--
``(1) to a training exercise conducted with the
consent of all nations where the intended effects of
the exercise will occur; or
``(2) to a covert action (as that term is defined
in section 3093 of title 50, United States Code).
``(e) Rule of Construction.--Nothing in this section shall
be construed to provide any new authority or to alter or
otherwise affect the War Powers Resolution (50 U.S.C. 1541 et
seq.), the Authorization for Use of Military Force (Public Law
107-40; 50 U.S.C. 1541 note), or any requirement under the
National Security Act of 1947 (50 U.S.C. 3001 et seq.).
``Sec. 130k. Notification requirements for cyber weapons
``(a) In General.--Except as provided in subsection (c),
the Secretary of Defense shall promptly submit to the
congressional defense committees notice in writing of the
following:
``(1) With respect to a cyber capability that is
intended for use as a weapon, on a quarterly basis, the
aggregated results of all reviews of the capability for
legality under international law pursuant to Department
of Defense Directive 5000.01 carried out by any
military department concerned.
``(2) The use as a weapon of any cyber capability
that has been approved for such use under international
law by a military department no later than 48 hours
following such use.
``(b) Procedures.--(1) The Secretary of Defense shall
establish and submit to the congressional defense committees
procedures for complying with the requirements of subsection
(a) consistent with the national security of the United States
and the protection of operational integrity. The Secretary
shall promptly notify the congressional defense committees in
writing of any changes to such procedures at least 14 days
prior to the adoption of any such changes.
``(2) The congressional defense committees shall ensure
that committee procedures designed to protect from unauthorized
disclosure classified information relating to national security
of the United States are sufficient to protect the information
that is submitted to the committees pursuant to this section.
``(3) In the event of an unauthorized disclosure of a cyber
capability covered by this section, the Secretary shall ensure,
to the maximum extent practicable, that the congressional
defense committees are notified immediately of the cyber
capability concerned. The notification under this paragraph may
be verbal or written, but in the event of a verbal notification
a written notification shall be provided by not later than 48
hours after the provision of the verbal notification.
``(c) Exceptions.--The notification requirement under
subsection (a) does not apply--
``(1) to a training exercise conducted with the
consent of all nations where the intended effects of
the exercise will occur; or
``(2) to a covert action (as that term is defined
in section 3093 of title 50, United States Code).
``(d) Rule of Construction.--Nothing in this section shall
be construed to provide any new authority or to alter or
otherwise affect the War Powers Resolution (50 U.S.C. 1541 et
seq.), the Authorization for Use of Military Force (Public Law
107-40; 50 U.S.C. 1541 note), or any requirement under the
National Security Act of 1947 (50 U.S.C. 3001 et seq.).''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new items:
``130j. Notification requirements for sensitive military cyber
operations
``130k. Notification requirements for cyber weapons''.
SEC. 1632. MODIFICATION TO QUARTERLY CYBER OPERATIONS BRIEFINGS.
(a) In General.--Section 484 of title 10, United States
Code, is amended--
(1) by striking ``The Secretary of Defense shall
provide to the Committees on Armed Services of the
House of Representatives and the Senate'' and inserting
the following:
``(a) Briefings Required.--The Secretary of Defense shall
provide to the congressional defense committees''; and
(2) by adding at the end the following:
``(b) Elements.--Each briefing under subsection (a) shall
include, with respect to the military operations in cyberspace
described in such subsection, the following:
``(1) An update, set forth separately for each
geographic and functional command, that describes the
operations carried out by the command and any hostile
cyber activity directed at the command.
``(2) An overview of authorities and legal issues
applicable to the operations, including any relevant
legal limitations.
``(3) An outline of any interagency activities and
initiatives relating to the operations.
``(4) Any other matters the Secretary determines to
be appropriate.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on the date of the enactment of this Act, and
shall apply with respect to briefings required be provided
under section 484 of title 10, United States Code, on or after
that date.
SEC. 1633. POLICY OF THE UNITED STATES ON CYBERSPACE, CYBERSECURITY,
AND CYBER WARFARE.
(a) In General.--The President shall--
(1) develop a national policy for the United States
relating to cyberspace, cybersecurity, and cyber
warfare; and
(2) submit to the appropriate congressional
committees a report on the policy.
(b) Elements.--The national policy required under
subsection (a) shall include the following elements:
(1) Delineation of the instruments of national
power available to deter or respond to cyber attacks or
other malicious cyber activities by a foreign power or
actor that targets United States interests.
(2) Available or planned response options to
address the full range of potential cyber attacks on
United States interests that could be conducted by
potential adversaries of the United States.
(3) Available or planned denial options that
prioritize the defensibility and resiliency against
cyber attacks and malicious cyber activities that are
carried out against infrastructure critical to the
political integrity, economic security, and national
security of the United States.
(4) Available or planned cyber capabilities that
may be used to impose costs on any foreign power
targeting the United States or United States persons
with a cyber attack or malicious cyber activity.
(5) Development of multi-prong response options,
such as--
(A) boosting the cyber resilience of
critical United States strike systems
(including cyber, nuclear, and non-nuclear
systems) in order to ensure the United States
can credibly threaten to impose unacceptable
costs in response to even the most
sophisticated large-scale cyber attack;
(B) developing offensive cyber capabilities
and specific plans and strategies to put at
risk targets most valued by adversaries of the
United States and their key decision makers;
and
(C) enhancing attribution capabilities and
developing intelligence and offensive cyber
capabilities to detect, disrupt, and
potentially expose malicious cyber activities.
(c) Limitation on Availability of Funds.--
(1) In general.--Of the funds authorized to be
appropriated by this Act or otherwise made available
for fiscal year 2018 for procurement, research,
development, test and evaluation, and operations and
maintenance, for the covered activities of the Defense
Information Systems Agency, not more than 60 percent
may be obligated or expended until the date on which
the President submits to the appropriate congressional
committees the report under subsection (a)(2).
(2) Covered activities described.--The covered
activities referred to in paragraph (1) are the
activities of the Defense Information Systems Agency in
support of--
(A) the White House Communication Agency;
and
(B) the White House Situation Support
Staff.
(d) Definitions.--In this section:
(1) The term ``foreign power'' has the meaning
given that term in section 101 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).
(2) The term ``appropriate congressional
committees'' means--
(A) the congressional defense committees;
(B) the Committee on Foreign Affairs, the
Committee on Homeland Security, and the
Committee on the Judiciary of the House of
Representatives; and
(C) the Committee on Foreign Relations, the
Committee on Homeland Security and Governmental
Affairs, and the Committee on the Judiciary of
the Senate.
SEC. 1634. PROHIBITION ON USE OF PRODUCTS AND SERVICES DEVELOPED OR
PROVIDED BY KASPERSKY LAB.
(a) Prohibition.--No department, agency, organization, or
other element of the Federal Government may use, whether
directly or through work with or on behalf of another
department, agency, organization, or element of the Federal
Government, any hardware, software, or services developed or
provided, in whole or in part, by--
(1) Kaspersky Lab (or any successor entity);
(2) any entity that controls, is controlled by, or
is under common control with Kaspersky Lab; or
(3) any entity of which Kaspersky Lab has majority
ownership.
(b) Effective Date.--The prohibition in subsection (a)
shall take effect on October 1, 2018.
(c) Review and Report.--
(1) Review.--The Secretary of Defense, in
consultation with the Secretary of Energy, the
Secretary of Homeland Security, the Attorney General,
the Administrator of the General Services
Administration, and the Director of National
Intelligence, shall conduct a review of the procedures
for removing suspect products or services from the
information technology networks of the Federal
Government.
(2) Report.--
(A) In general.--Not later than 180 days
after the date of the enactment of this Act,
Secretary of Defense shall submit to the
appropriate congressional committees a report
on the review conducted under paragraph (1).
(B) Elements.--The report under
subparagraph (A) shall include the following:
(i) A description of the Federal
Government-wide authorities that may be
used to prohibit, exclude, or prevent
the use of suspect products or services
on the information technology networks
of the Federal Government, including--
(I) the discretionary
authorities of agencies to
prohibit, exclude, or prevent
the use of such products or
services;
(II) the authorities of a
suspension and debarment
official to prohibit, exclude,
or prevent the use of such
products or services;
(III) authorities relating
to supply chain risk
management;
(IV) authorities that
provide for the continuous
monitoring of information
technology networks to identify
suspect products or services;
and
(V) the authorities
provided under the Federal
Information Security Management
Act of 2002.
(ii) Assessment of any gaps in the
authorities described in clause (i),
including any gaps in the enforcement
of decisions made under such
authorities.
(iii) An explanation of the
capabilities and methodologies used to
periodically assess and monitor the
information technology networks of the
Federal Government for prohibited
products or services.
(iv) An assessment of the ability
of the Federal Government to
periodically conduct training and
exercises in the use of the authorities
described in clause (i)--
(I) to identify
recommendations for
streamlining process; and
(II) to identify
recommendations for education
and training curricula, to be
integrated into existing
training or certification
courses.
(v) A description of information
sharing mechanisms that may be used to
share information about suspect
products or services, including
mechanisms for the sharing of such
information among the Federal
Government, industry, the public, and
international partners.
(vi) Identification of existing
tools for business intelligence,
application management, and commerce
due-diligence that are either in use by
elements of the Federal Government, or
that are available commercially.
(vii) Recommendations for improving
the authorities, processes, resourcing,
and capabilities of the Federal
Government for the purpose of improving
the procedures for identifying and
removing prohibited products or
services from the information
technology networks of the Federal
Government.
(viii) Any other matters the
Secretary determines to be appropriate.
(C) Form.--The report under subparagraph
(A) shall be submitted in unclassified form,
but may include a classified annex.
(3) Appropriate congressional committees defined.--
In this section, the term ``appropriate congressional
committees'' means the following:
(A) The Committee on Armed Services, the
Committee on Energy and Commerce, the Committee
on Homeland Security, the Committee on the
Judiciary, the Committee on Oversight and
Government Reform, and the Permanent Select
Committee on Intelligence of the House of
Representatives.
(B) The Committee on Armed Services, the
Committee on Energy and Natural Resources, the
Committee on Homeland Security and Governmental
Affairs, the Committee on the Judiciary, and
the Select Committee on Intelligence of the
Senate.
SEC. 1635. MODIFICATION OF AUTHORITIES RELATING TO ESTABLISHMENT OF
UNIFIED COMBATANT COMMAND FOR CYBER OPERATIONS.
Section 167b of title 10, United States Code, is amended--
(1) by striking subsection (d); and
(2) by redesignating subsections (e) and (f) as
subsections (d) and (e), respectively.
SEC. 1636. MODIFICATION OF DEFINITION OF ACQUISITION WORKFORCE TO
INCLUDE PERSONNEL CONTRIBUTING TO 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) contribute significantly to the
acquisition or development of systems relating
to cybersecurity; and''.
SEC. 1637. INTEGRATION OF STRATEGIC INFORMATION OPERATIONS AND CYBER-
ENABLED INFORMATION OPERATIONS.
(a) Processes and Procedures for Integration.--
(1) In general.--The Secretary of Defense shall--
(A) establish processes and procedures to
integrate strategic information operations and
cyber-enabled information operations across the
elements of the Department of Defense
responsible for such operations, including the
elements of the Department responsible for
military deception, public affairs, electronic
warfare, and cyber operations; and
(B) ensure that such processes and
procedures provide for integrated Defense-wide
strategy, planning, and budgeting with respect
to the conduct of such operations by the
Department, including activities conducted to
counter and deter such operations by malign
actors.
(2) Designated senior official.--The Secretary of
Defense shall designate a senior official of the
Department of Defense (in this section referred to as
the ``designated senior official'') who shall implement
and oversee the processes and procedures established
under paragraph (1). The designated senior official
shall be selected by the Secretary from among
individuals serving in the Department of Defense at or
below the level of an Under Secretary of Defense.
(3) Responsibilities.--The designated senior
official shall have, with respect to the implementation
and oversight of the processes and procedures
established under paragraph (1), the following
responsibilities:
(A) Oversight of strategic policy and
guidance.
(B) Overall resource management for the
integration of information operations and
cyber-enabled information operations of the
Department.
(C) Coordination with the head of the
Global Engagement Center to support the purpose
of the Center (as described section 1287(a)(2)
of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 22 U.S.C.
2656 note)) and liaison with the Center and
other relevant Federal Government entities to
support such purpose.
(D) Development of a strategic framework
for the conduct of information operations by
the Department of Defense, including cyber-
enabled information operations, coordinated
across all relevant elements of the Department
of Defense, including both near-term and long-
term guidance for the conduct of such
coordinated operations.
(E) Development and dissemination of a
common operating paradigm across the elements
of the Department of Defense specified in
paragraph (1) to counter the influence,
deception, and propaganda activities of key
malign actors, including in cyberspace.
(F) Development of guidance for, and
promotion of, the capability of the Department
of Defense to liaison with the private sector,
including social media, on matters relating to
the influence activities of malign actors.
(b) Requirements and Plans for Information Operations.--
(1) Combatant command planning and regional
strategy.--(A) The Secretary shall require each
commander of a combatant command to develop, in
coordination with the relevant regional Assistant
Secretary of State or Assistant Secretaries of State
and with the assistance of the Coordinator of the
Global Engagement Center and the designated senior
official, a regional information strategy and
interagency coordination plan for carrying out the
strategy, where applicable.
(B) 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 in support of the strategy required
under subparagraph (A), including plans for
deterring information operations, including
deterrence 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 dod strategy for
operations in the information environment.--
(A) In general.--Not later than 180 days
after the date of the enactment of this Act,
the designated senior official shall--
(i) review the strategy of the
Department of Defense titled
``Department of Defense Strategy for
Operations in the Information
Environment'' and dated June 2016; and
(ii) submit to the congressional
defense committees a plan for
implementation of such strategy.
(B) Elements.--The plan required under
subparagraph (A) shall include, at a minimum,
the following:
(i) An accounting of the efforts
undertaken in support of the strategy
described in subparagraph (A)(i) in the
period 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
resulting from the designation of the
designated senior official.
(iii) A description of the role of
the Department of Defense as part of a
broader whole-of-Government strategy
for strategic communications, including
a description of any assumptions about
the roles and contributions of other
departments and agencies of the Federal
Government with respect to such a
strategy.
(iv) Defined actions, performance
metrics, and projected timelines for
achieving each of the 15 tasks
specified in the strategy described in
subparagraph (A)(i).
(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
of Defense.
(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 less
frequently than once every 90 days during the
three-year period beginning on the date on
which the implementation plan is submitted
under subparagraph (A)(ii), the designated
senior official shall submit to the
congressional defense committees a report
describing the status of the efforts of the
Department of Defense in accomplishing the
tasks specified under clauses (iv) and (vi) of
subparagraph (B).
(c) Training and Education.--Consistent with the elements
of the implementation plan under paragraph (2), the designated
senior official shall recommend the establishment of 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 that such members
and employees understand 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.
SEC. 1638. EXERCISE ON ASSESSING CYBERSECURITY SUPPORT TO ELECTION
SYSTEMS OF STATES.
(a) Inclusion of Cyber Vulnerabilities in Election Systems
in Cyber Guard Exercises.--Subject to subsection (b), the
Secretary of Defense, in consultation with the Secretary of
Homeland Security, may carry out exercises relating to the
cybersecurity of election systems of States as part of the
exercise commonly known as the ``Cyber Guard Exercise''.
(b) Agreement Required.--The Secretary of Defense may carry
out an exercise relating to the cybersecurity of a State's
election system under subsection (a) only if the State enters
into a written agreement with the Secretary under which the
State--
(1) agrees to participate in such exercise; and
(2) agrees to allow vulnerability testing of the
components of the State's election system.
(c) Report.--Not later than 90 days after the completion of
any Cyber Guard Exercise, the Secretary of Defense shall submit
to the congressional defense committees a report on the ability
of the National Guard to assist States, if called upon, in
defending election systems from cyberattacks. Such report shall
include a description of the capabilities, readiness levels,
and best practices of the National Guard with respect to the
prevention of cyber attacks on State election systems.
SEC. 1639. MEASUREMENT OF COMPLIANCE WITH CYBERSECURITY REQUIREMENTS
FOR INDUSTRIAL CONTROL SYSTEMS.
(a) In General.--Not later than January 1, 2018, the
Secretary of Defense shall make such changes to the
cybersecurity scorecard as are necessary to ensure that the
Secretary measures the progress of each element of the
Department of Defense in securing the industrial control
systems of the Department against cyber threats, including such
industrial control systems as supervisory control and data
acquisition systems, distributed control systems, programmable
logic controllers, and platform information technology.
(b) Cybersecurity Scorecard Defined.--In this section, the
term ``cybersecurity scorecard'' means the Department of
Defense Cybersecurity Scorecard used by the Department to
measure compliance with cybersecurity requirements as described
in the plan of the Department titled ``Department of Defense
Cybersecurity Discipline Implementation Plan''.
SEC. 1640. STRATEGIC CYBERSECURITY PROGRAM.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Director of the National Security Agency,
shall submit to the congressional defense committees a plan for
the establishment of a program to be known as the ``Strategic
Cybersecurity Program'' or ``SCP'' (in this section referred to
as the ``Program'').
(b) Elements.--The Program shall be comprised of personnel
assigned to the Program by the Secretary of Defense from among
personnel, including regular and reserve members of the Armed
Forces, civilian employees of the Department, and personnel of
the research laboratories of the Department of Defense and the
Department of Energy, who have particular expertise in the
areas of responsibility described in subsection (c). Any
personnel assigned to the Program from among personnel of the
Department of Energy shall be so assigned with the concurrence
of the Secretary of Energy.
(c) Responsibilities.--
(1) In general.--Personnel assigned to the Program
shall assist the Department of Defense in improving the
cybersecurity of the following systems of the Federal
Government:
(A) Offensive cyber systems.
(B) Long-range strike systems.
(C) Nuclear deterrent systems.
(D) National security systems.
(E) Critical infrastructure of the
Department of Defense (as that term is defined
in section 1650(f)(1) of the National Defense
Authorization Act for Fiscal Year 2017 (Public
Law 114-328; 10 U.S.C. 2224 note)).
(2) Reviews of systems and infrastructure.--In
carrying out the activities described in paragraph (1),
the personnel assigned to the Program shall conduct
appropriate reviews of existing systems and
infrastructure and acquisition plans for proposed
systems and infrastructure. The review of an
acquisition plan for any proposed system or
infrastructure shall be carried out before Milestone B
approval for such system or infrastructure.
(3) Results of reviews.--The results of each review
carried out under paragraph (2), including any remedial
action recommended pursuant to such review, shall be
made available to any agencies or organizations of the
Department involved in the development, procurement,
operation, or maintenance of the system or
infrastructure concerned.
(d) Integration With Other Efforts.--The plan required
under subsection (a) shall build upon, and shall not duplicate,
other efforts of the Department of Defense relating to
cybersecurity, including--
(1) the evaluation of cyber vulnerabilities of
major weapon systems of the Department of Defense
required under section 1647 of the National Defense
Authorization Act for Fiscal Year 2016 (114-92; 129
Stat. 1118);
(2) the evaluation of cyber vulnerabilities of
Department of Defense critical infrastructure required
under section 1650 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-
328; 10 U.S.C. 2224 note); and
(3) the activities of the cyber protection teams of
the Department of Defense.
(e) Report.--Not later than one year after the date on
which the plan is submitted to the congressional defense
committees under subsection (a), the Secretary of Defense shall
submit to the congressional defense committees a report on any
activities carried out pursuant to such plan. The report shall
include the following:
(1) A description of any activities of the Program
carried out pursuant to the plan during the time period
covered by the report.
(2) A description of particular challenges
encountered in the course of the activities of the
Program, if any, and of actions taken to address such
challenges.
(3) A description of any plans for additional
activities under the Program.
SEC. 1641. PLAN TO INCREASE CYBER AND INFORMATION OPERATIONS,
DETERRENCE, AND DEFENSE.
(a) Plan.--The Secretary of Defense shall develop a plan
to--
(1) increase inclusion of regional cyber planning
within larger joint planning exercises of the United
States in the Indo-Asia-Pacific region;
(2) enhance joint, regional, and combined
information operations and strategic communication
strategies to counter Chinese and North Korean
information warfare, malign influence, and propaganda
activities; and
(3) identify potential areas of cybersecurity
collaboration and partnership capabilities with Asian
allies and partners of the United States.
(b) Briefing.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
provide to the congressional defense committees a briefing on
the plan required under subsection (a).
SEC. 1642. EVALUATION OF AGILE OR ITERATIVE DEVELOPMENT OF CYBER TOOLS
AND APPLICATIONS.
(a) Evaluation Required.--The Commander of the United
States Cyber Command (in this section referred to as the
``Commander'') shall conduct an evaluation of alternative
methods for developing, acquiring, and maintaining software-
based cyber tools and applications for the United States Cyber
Command, the Army Cyber Command, the Fleet Cyber Command, the
Air Force Cyber Command, and the Marine Corps Cyberspace
Command.
(b) Goal.--The goal of the evaluation required by
subsection (a) shall be to identify a set of practices that
will--
(1) increase the speed of development of cyber
capabilities of the Armed Forces;
(2) provide more effective tools and capabilities
for developing, acquiring, and maintaining software-
based cyber tools and applications for the Armed
Forces; and
(3) create a repeatable, disciplined process for
developing, acquiring, and maintaining software-based
cyber tools and applications for the Armed Forces
through which progress and success or failure can be
continuously measured.
(c) Consideration of Agile or Iterative Development, and
Other Best Practices.--
(1) In general.--The evaluation required by
subsection (a) shall include, with respect to the
development, acquisition, and maintenance of software-
based cyber tools and applications, consideration of
agile or iterative development practices, agile
acquisition practices, and other similar best practices
of commercial industry.
(2) Considerations.--In carrying out the evaluation
required by subsection (a), the Commander shall assess
requirements for implementing the practices described
in paragraph (1) and consider changes to established
acquisition practices that may be necessary to
implement the practices described in such paragraph,
including changes to the following:
(A) The requirements process.
(B) Contracting.
(C) Testing.
(D) User involvement in the development
process.
(E) Program management.
(F) Milestone reviews and approvals.
(G) The definitions of ``research and
development'', ``procurement'', and
``sustainment''.
(H) The constraints of current
appropriations account definitions.
(d) Assessment of Training and Education Requirements.--In
carrying out the evaluation required by subsection (a), the
Commander shall assess training and education requirements for
personnel in all areas and at all levels of management relevant
to the successful adoption of new acquisition models and
methods for developing, acquiring, and maintaining cyber tools
and applications as described in such subsection.
(e) Services and Expertise.--In carrying out the evaluation
required by subsection (a), the Commander shall--
(1) obtain services and expertise from--
(A) the Defense Digital Service; and
(B) federally funded research and
development centers, such as the Software
Engineering Institute and the MITRE
Corporation; and
(2) consult with such commercial software companies
as the Commander considers appropriate to learn about
relevant commercial best practices.
(f) Recommendations.--
(1) In general.--Not later than 120 days after the
date of the enactment of this Act, the Commander shall
submit to the Secretary of Defense recommendations for
experimenting with or adopting new acquisition methods
identified pursuant to the evaluation under subsection
(a), including recommendations for any actions that
should be carried out to ensure the successful
implementation of such methods.
(2) Congressional briefing.--Not later than 14 days
after submitting recommendations to the Secretary under
paragraph (1), the Commander shall provide to the
congressional defense committees a briefing on the
recommendations.
(g) Preservation of Existing Authority.--The evaluation
required under subsection (a) is intended to inform future
acquisition approaches. Nothing in this section shall be
construed to limit or impede the Commander in exercising the
authority provided under section 807 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10
U.S.C. 2224 note).
(h) Agile or Iterative Development Defined.--In this
section, the term ``agile or iterative development'', with
respect to software--
(1) means acquisition pursuant to a method for
delivering multiple, rapid, incremental capabilities to
the user for operational use, evaluation, and feedback
not exclusively linked to any single, proprietary
method or process; and
(2) involves--
(A) the incremental development and
fielding of capabilities, commonly called
``spirals'', ``spins'', or ``sprints'', which
can be measured in a few weeks or months; and
(B) continuous participation and
collaboration by users, testers, and
requirements authorities.
SEC. 1643. ASSESSMENT OF DEFENSE CRITICAL ELECTRIC INFRASTRUCTURE.
Section 1650(b)(1) of the National Defense Authorization
Act for fiscal year 2017 (114-328; 10 U.S.C. 2224 note) is
amended--
(1) in subparagraph (C), by striking ``and'' at the
end;
(2) in subparagraph (D), by striking the period at
the end and inserting ``; and''; and
(3) by adding at the end the following:
``(E) to assess the strategic benefits
derived from, and the challenges associated
with, isolating military infrastructure from
the national electric grid and the use of
microgrids.''.
SEC. 1644. CYBER POSTURE REVIEW.
(a) Requirement for Comprehensive Review.--In order to
clarify the near-term policy and strategy of the United States
with respect to cyber deterrence, the Secretary of Defense
shall conduct a comprehensive review of the cyber posture of
the United States over the posture review period.
(b) Consultation.--The Secretary of Defense shall conduct
the review under subsection (a) in consultation with the
Director of National Intelligence, the Attorney General, the
Secretary of Homeland Security, and the Secretary of State, as
appropriate.
(c) Elements of Review.--The review conducted under
subsection (a) shall include, for the posture review period,
the following elements:
(1) The role of cyber forces in the military
strategy, planning, and programming of the United
States.
(2) Review of the role of cyber operations in
combatant commander operational planning, the ability
of combatant commanders to respond to hostile acts by
adversaries, and the ability of combatant commanders to
engage and build capacity with allies.
(3) A review of the law, policies, and authorities
relating to, and necessary for the United States to
maintain, a safe, reliable, and credible cyber posture
for responding to cyber attacks and for deterrence in
cyberspace.
(4) A declaratory policy relating to the responses
of the United States to cyber attacks of significant
consequence.
(5) Proposed norms for the conduct of offensive
cyber operations for deterrence and in crisis and
conflict.
(6) Guidance for the development of a cyber
deterrence strategy (which may include activities,
capability efforts, and operations other than cyber
activities, cyber capability efforts, and cyber
operations), including--
(A) a review and assessment of various
approaches to cyber deterrence, determined in
consultation with experts from Government,
academia, and industry;
(B) a comparison of the strengths and
weaknesses of the approaches identified under
subparagraph (A) relative to the threat and to
each other; and
(C) an explanation of how the cyber
deterrence strategy will inform country-
specific deterrence campaign plans focused on
key leadership of Russia, China, Iran, North
Korea, and any other country the Secretary
considers appropriate.
(7) Identification of the steps that should be
taken to bolster stability in cyberspace and, more
broadly, stability between major powers, taking into
account--
(A) the analysis and gaming of escalation
dynamics in various scenarios; and
(B) consideration of the spiral escalatory
effects of countries developing increasingly
potent offensive cyber capabilities.
(8) A determination of whether sufficient personnel
are trained and equipped to meet validated cyber
requirements.
(9) Such other matters as the Secretary considers
appropriate.
(d) Report.--
(1) In general.--The Secretary of Defense shall
submit to the congressional defense committees a report
on the results of the cyber posture review conducted
under subsection (a).
(2) Form of report.--The report under paragraph (1)
may be submitted in unclassified form or classified
form, as necessary.
(3) Limitation on availability of funds.--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
Assistant Secretary of Defense for Public Affairs, not
more than 85 percent may be obligated or expended until
the date on which the Secretary of Defense submits to
the congressional defense committees the report under
paragraph (1).
(e) Posture Review Period Defined.--In this section, the
term ``posture review period'' means the period beginning on
the date that is five years after the date of the enactment of
this Act and ending on the date that is 10 years after such
date of enactment.
SEC. 1645. BRIEFING ON CYBER CAPABILITY AND READINESS SHORTFALLS.
(a) Briefing Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of the Army
shall provide to the Committees on Armed Services of Senate and
the House of Representatives a briefing on the ability of the
Army Combat Training Centers to provide sufficient cyber
training for deploying forces.
(b) Elements.--The briefing under subsection (a) shall
include--
(1) an assessment of the pre-rotational training
requirements for all deploying Army forces relating to
the conduct of, and response to, cyber electromagnetic
activities;
(2) an assessment of the training capabilities of
the Army Combat Training Centers with respect to cyber
electromagnetic activities; and
(3) recommendations for any improvements to
training curricula, exercises, or infrastructure
capabilities that may be needed to fill gaps in cyber
training capabilities as such gaps are identified in
the assessments under paragraphs (1) and (2).
(c) Additional Considerations.--In preparing the briefing
under subsection (a), the Secretary of the Army shall take into
account the resources available within a 10-mile radius of the
Army Combat Training Centers that could be used to address
potential cyber capability and readiness shortfalls, including
resources from other military departments, defense agencies,
and field activities.
(d) Cyber Electromagnetic Activities Defined.--In this
section, the term ``cyber electromagnetic activities'' has the
meaning given the term in the Army Field Manual 3-38 titled
``Cyber Electromagnetic Activities''.
SEC. 1646. BRIEFING ON CYBER APPLICATIONS OF BLOCKCHAIN TECHNOLOGY.
(a) Briefing Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense, in
consultation with the heads of such other departments and
agencies of the Federal Government as the Secretary considers
appropriate, shall provide to the appropriate committees of
Congress a briefing on the cyber applications of blockchain
technology.
(b) Elements.--The briefing under subsection (a) shall
include--
(1) a description of potential offensive and
defensive cyber applications of blockchain technology
and other distributed database technologies;
(2) an assessment of efforts by foreign powers,
extremist organizations, and criminal networks to
utilize such technologies;
(3) an assessment of the use or planned use of such
technologies by the Federal Government and critical
infrastructure networks; and
(4) an assessment of the vulnerabilities of
critical infrastructure networks to cyber attacks.
(c) Form of Briefing.--The briefing under subsection (a)
shall be provided in unclassified form, but may include a
classified supplement.
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services, the Select
Committee on Intelligence, the Committee on Banking,
Housing, and Urban Affairs, and the Committee on
Homeland Security and Governmental Affairs of the
Senate; and
(2) the Committee on Armed Services, the Permanent
Select Committee on Intelligence, the Committee on
Financial Services, and the Committee on Homeland
Security of the House of Representatives.
SEC. 1647. BRIEFING ON TRAINING INFRASTRUCTURE FOR CYBER MISSION
FORCES.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall provide to the
congressional defense committees a briefing on the Department
of Defense training infrastructure for cyber mission forces.
Such briefing shall include the following:
(1) A strategic plan for the growth and expansion
of the training infrastructure for cyber mission forces
across the Department of Defense commensurate with the
projected growth of the cyber mission force.
(2) Identification of the shortcomings in such
training infrastructure.
(3) A plan for the management and oversight of such
training infrastructure, including management and
oversight of the implementation of the strategic plan
described in paragraph (1).
(4) Commercial applications that may potentially be
used to address the needs identified in the strategic
plan described in paragraph (1).
SEC. 1648. REPORT ON TERMINATION OF DUAL-HAT ARRANGEMENT FOR COMMANDER
OF THE UNITED STATES CYBER COMMAND.
(a) Report.--Not later than May 1, 2018, the Secretary of
Defense shall submit to the appropriate congressional
committees a report on the progress of the Department of
Defense in meeting the requirements of section 1642 of the
National Defense Authorization Act for Fiscal Year 2017 (Public
Law 114-328; 130 Stat. 2601).
(b) Elements.--The report under subsection (a) shall
include, with respect to any decision to terminate the dual-hat
arrangement as described in section 1642 of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-
328; 130 Stat. 2601), the following:
(1) Metrics and milestones for meeting the
conditions described in subsection (b)(2)(C) of such
section 1642.
(2) Identification of any challenges to meeting
such conditions.
(3) Using data and support from the Director of
Cost Assessment and Program Evaluation, in consultation
with the Commander of the United States Cyber Command
and the Director of the National Security Agency,
identification of the costs that may be incurred in the
effort to meet such conditions.
(4) Identification of entities or persons requiring
additional resources as a result of any decision to
terminate the dual-hat arrangement.
(5) Identification of any updates to statutory
authorities needed as a result of any decision to
terminate the dual-hat arrangement.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees;
(2) the Select Committee on Intelligence of the
Senate; and
(3) the Permanent Select Committee on Intelligence
of the House of Representatives.
PART II--CYBERSECURITY EDUCATION
SEC. 1649. CYBER SCHOLARSHIP PROGRAM.
(a) Name of Program.--Section 2200 of title 10, Unites
States Code, is amended by adding at the end the following:
``(c) Name of Program.--The programs authorized under this
chapter shall be known as the `Cyber Scholarship Program'.''.
(b) Modification to Allocation of Funding for Cyber
Scholarship Program.--Section 2200a(f) of title 10, Unites
States Code, is amended--
(1) by inserting ``(1)'' before ``Not less''; and
(2) by adding at the end the following new
paragraph:
``(2) Not less than five percent of the amount
available for financial assistance under this section
for a fiscal year shall be available for providing
financial assistance for the pursuit of an associate
degree at an institution described in paragraph (1).''.
(c) Cyber Definition.--Section 2200e of title 10, Unites
States Code, is amended to read as follows:
``Sec. 2200e. Definitions
``In this chapter:
``(1) The term `cyber' includes the following:
``(A) Offensive cyber operations.
``(B) Defensive cyber operations.
``(C) Department of Defense information
network operations and defense.
``(D) Any other information technology that
the Secretary of Defense considers to be
related to the cyber activities of the
Department of Defense.
``(2) The term `institution of higher education'
has the meaning given the term in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001).
``(3) The term `Center of Academic Excellence in
Cyber Education' means an institution of higher
education that is designated by the Director of the
National Security Agency as a Center of Academic
Excellence in Cyber Education.''.
(d) Conforming Amendments.--
(1) Chapter 112 of title 10, United States Code, is
further amended--
(A) in the chapter heading, by striking
``INFORMATION SECURITY'' and inserting
``CYBER'';
(B) in section 2200 (as amended by
subsection (a))--
(i) in subsection (a), by striking
``Department of Defense information
assurance requirements'' and inserting
``the cyber requirements of the
Department of Defense''; and
(ii) in subsection (b)(1), by
striking ``information assurance'' and
inserting ``cyber disciplines'';
(C) in section 2200a (as amended by
subsection (b))--
(i) in subsection (a)(1), by
striking ``an information assurance
discipline'' and inserting ``a cyber
discipline'';
(ii) in subsection (f)(1), by
striking ``information assurance'' and
inserting ``cyber disciplines''; and
(iii) in subsection (g)(1), by
striking ``an information technology
position'' and inserting ``a cyber
position'';
(D) in section 2200b, by striking
``information assurance disciplines'' and
inserting ``cyber disciplines'';
(E) in the heading of section 2200c, by
striking ``Information Assurance'' and
inserting ``Cyber''; and
(F) in section 2200c, by striking
``Information Assurance'' each place it appears
and inserting ``Cyber''.
(2) The table of sections at the beginning of
chapter 112 of title 10, Unites States Code, is amended
by striking the item relating to section 2200c and
inserting the following:
``2200c. Centers of Academic Excellence in Cyber Education.''.
(3) Section 7045 of title 10, United States Code,
is amended--
(A) by striking ``Information Security
Scholarship program'' each place it appears and
inserting ``Cyber Scholarship program''; and
(B) in subsection (a)(2)(B), by striking
``information assurance'' and inserting ``a
cyber discipline''.
(4) Section 7904(4) of title 38, United States
Code, is amended by striking ``Information Assurance''
and inserting ``Cyber''.
(e) Redesignations.--
(1) Scholarship program.--The Information Security
Scholarship program under chapter 112 of title 10,
United States Code, is redesignated as the ``Cyber
Scholarship program''. Any reference in a law (other
than this section), map, regulation, document, paper,
or other record of the United States to the Information
Security Scholarship program shall be deemed to be a
reference to the Cyber Scholarship Program.
(2) Centers of academic excellence.--Any
institution of higher education designated by the
Director of the National Security Agency as a Center of
Academic Excellence in Information Assurance Education
is redesignated as a Center of Academic Excellence in
Cyber Education. Any reference in a law (other than
this section), map, regulation, document, paper, or
other record of the United States to a Center of
Academic Excellence in Information Assurance Education
shall be deemed to be a reference to a Center of
Academic Excellence in Cyber Education.
(f) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary of Defense to provide
financial assistance under section 2200a of title 10, United
States Code (as amended by this section), and grants under
section 2200b of such title (as so amended), $10,000,000 for
fiscal year 2018.
SEC. 1649A. COMMUNITY COLLEGE CYBER PILOT PROGRAM AND ASSESSMENT.
(a) Pilot Program.--Not later than 1 year after the date of
enactment of this subtitle, as part of the Federal Cyber
Scholarship-for-Service program established under section 302
of the Cybersecurity Enhancement Act of 2014 (15 U.S.C. 7442),
the Director of the National Science Foundation, in
coordination with the Director of the Office of Personnel
Management, shall develop and implement a pilot program at not
more than 10, but at least 5, community colleges to provide
scholarships to eligible students who--
(1) are pursuing associate degrees or specialized
program certifications in the field of cybersecurity;
and
(2)(A) have bachelor's degrees; or
(B) are veterans of the Armed Forces.
(b) Assessment.--Not later than 1 year after the date of
enactment of this subtitle, as part of the Federal Cyber
Scholarship-for-Service program established under section 302
of the Cybersecurity Enhancement Act of 2014 (15 U.S.C. 7442),
the Director of the National Science Foundation, in
coordination with the Director of the Office of Personnel
Management, shall assess the potential benefits and feasibility
of providing scholarships through community colleges to
eligible students who are pursuing associate degrees, but do
not have bachelor's degrees.
SEC. 1649B. FEDERAL CYBER SCHOLARSHIP-FOR-SERVICE PROGRAM UPDATES.
(a) In General.--Section 302 of the Cybersecurity
Enhancement Act of 2014 (15 U.S.C. 7442) is amended--
(1) in subsection (b)--
(A) in paragraph (2), by striking ``and''
at the end; and
(B) by striking paragraph (3) and inserting
the following:
``(3) prioritize the employment placement of at
least 80 percent of scholarship recipients in an
executive agency (as defined in section 105 of title 5,
United States Code); and
``(4) provide awards to improve cybersecurity
education at the kindergarten through grade 12 level--
``(A) to increase interest in cybersecurity
careers;
``(B) to help students practice correct and
safe online behavior and understand the
foundational principles of cybersecurity;
``(C) to improve teaching methods for
delivering cybersecurity content for
kindergarten through grade 12 computer science
curricula; and
``(D) to promote teacher recruitment in the
field of cybersecurity.'';
(2) by amending subsection (d) to read as follows:
``(d) Post-award Employment Obligations.--Each scholarship
recipient, as a condition of receiving a scholarship under the
program, shall enter into an agreement under which the
recipient agrees to work for a period equal to the length of
the scholarship, following receipt of the student's degree, in
the cybersecurity mission of--
``(1) an executive agency (as defined in section
105 of title 5, United States Code);
``(2) Congress, including any agency, entity,
office, or commission established in the legislative
branch;
``(3) an interstate agency;
``(4) a State, local, or Tribal government; or
``(5) a State, local, or Tribal government-
affiliated non-profit that is considered to be critical
infrastructure (as defined in section 1016(e) of the
USA Patriot Act (42 U.S.C. 5195c(e)).'';
(3) in subsection (f)--
(A) by amending paragraph (3) to read as
follows:
``(3) have demonstrated a high level of competency
in relevant knowledge, skills, and abilities, as
defined by the national cybersecurity awareness and
education program under section 401;''; and
(B) by amending paragraph (4) to read as
follows:
``(4) be a full-time student in an eligible degree
program at a qualified institution of higher education,
as determined by the Director of the National Science
Foundation, except that in the case of a student who is
enrolled in a community college, be a student pursuing
a degree on a less than full-time basis, but not less
than half-time basis; and''; and
(4) by amending subsection (m) to read as follows:
``(m) Public Information.--
``(1) Evaluation.--The Director of the National
Science Foundation, in coordination with the Director
of the Office of Personnel Management, shall
periodically evaluate and make public, in a manner that
protects the personally identifiable information of
scholarship recipients, information on the success of
recruiting individuals for scholarships under this
section and on hiring and retaining those individuals
in the public sector cyber workforce, including
information on--
``(A) placement rates;
``(B) where students are placed, including
job titles and descriptions;
``(C) salary ranges for students not
released from obligations under this section;
``(D) how long after graduation students
are placed;
``(E) how long students stay in the
positions they enter upon graduation;
``(F) how many students are released from
obligations; and
``(G) what, if any, remedial training is
required.
``(2) Reports.--The Director of the National
Science Foundation, in coordination with the Office of
Personnel Management, shall submit, not less frequently
than once every 3 years, to the Committee on Commerce,
Science, and Transportation of the Senate and the
Committee on Science, Space, and Technology of the
House of Representatives a report, including the
results of the evaluation under paragraph (1) and any
recent statistics regarding the size, composition, and
educational requirements of the Federal cyber
workforce.
``(3) Resources.--The Director of the National
Science Foundation, in coordination with the Director
of the Office of Personnel Management, shall provide
consolidated and user-friendly online resources for
prospective scholarship recipients, including, to the
extent practicable--
``(A) searchable, up-to-date, and accurate
information about participating institutions of
higher education and job opportunities related
to the field of cybersecurity; and
``(B) a modernized description of
cybersecurity careers.''.
(b) Savings Provision.--Nothing in this section, or an
amendment made by this section, shall affect any agreement,
scholarship, loan, or repayment, under section 302 of the
Cybersecurity Enhancement Act of 2014 (15 U.S.C. 7442), in
effect on the day before the date of enactment of this
subtitle.
SEC. 1649C. CYBERSECURITY TEACHING.
Section 10(i) of the National Science Foundation
Authorization Act of 2002 (42 U.S.C. 1862n-1(i)) is amended--
(1) by amending paragraph (5) to read as follows:
``(5) the term `mathematics and science teacher'
means a science, technology, engineering, mathematics,
or computer science, including cybersecurity, teacher
at the elementary school or secondary school level;'';
and
(2) by amending paragraph (7) to read as follows:
``(7) the term `science, technology, engineering,
or mathematics professional' means an individual who
holds a baccalaureate, master's, or doctoral degree in
science, technology, engineering, mathematics, or
computer science, including cybersecurity, and is
working in or had a career in such field or a related
area; and''.
Subtitle D--Nuclear Forces
SEC. 1651. ANNUAL ASSESSMENT OF CYBER RESILIENCY OF NUCLEAR COMMAND AND
CONTROL SYSTEM.
(a) In General.--Chapter 24 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 499. Annual assessment of cyber resiliency of nuclear command
and control system
``(a) In General.--Not less frequently than annually, the
Commander of the United States Strategic Command and the
Commander of the United States Cyber Command (in this section
referred to collectively as the `Commanders') shall jointly
conduct an assessment of the cyber resiliency of the nuclear
command and control system.
``(b) Elements.--In conducting the assessment required by
subsection (a), the Commanders shall--
``(1) conduct an assessment of the sufficiency and
resiliency of the nuclear command and control system to
operate through a cyber attack from the Russian
Federation, the People's Republic of China, or any
other country or entity the Commanders identify as a
potential threat; and
``(2) develop recommendations for mitigating any
concerns of the Commanders resulting from the
assessment.
``(c) Report Required.--(1) The Commanders shall jointly
submit to the Chairman of the Joint Chiefs of Staff, for
submission to the Council on Oversight of the National
Leadership Command, Control, and Communications System
established under section 171a of this title, a report on the
assessment required by subsection (a) that includes the
following:
``(A) The recommendations developed under
subsection (b)(2).
``(B) A statement of the degree of confidence of
each of the Commanders in the mission assurance of the
nuclear deterrent against a top tier cyber threat.
``(C) A detailed description of the approach used
to conduct the assessment required by subsection (a)
and the technical basis of conclusions reached in
conducting that assessment.
``(D) Any other comments of the Commanders.
``(2) The Council shall submit to the Secretary of Defense
the report required by paragraph (1) and any comments of the
Council on the report.
``(3) The Secretary of Defense shall submit to the
congressional defense committees the report required by
paragraph (1), any comments of the Council on the report under
paragraph (2), and any comments of the Secretary on the report.
``(d) Quarterly Briefings.--Not less than once every
quarter, the Deputy Secretary of Defense and the Vice Chairman
of the Joint Chiefs of Staff shall jointly provide to the
Committees on Armed Services of the House of Representatives
and the Senate a briefing on any known or suspected critical
intelligence parameter breaches that were identified during the
previous quarter, including an assessment of any known or
suspected impacts of such breaches to the mission effectiveness
of military capabilities as of the date of the briefing or
thereafter.
``(e) Termination.--The requirements of this section shall
terminate on December 31, 2027.''.
(b) Clerical Amendment.--The table of sections for chapter
24 of such title is amended by inserting after the item
relating to section 498 the following new item:
``499. Annual assessment of cyber resiliency of nuclear command and
control system.''.
SEC. 1652. COLLECTION, STORAGE, AND SHARING OF DATA RELATING TO NUCLEAR
SECURITY ENTERPRISE.
(a) In General.--Chapter 24 of title 10, United States
Code, as amended by section 1651, is further amended by adding
at the end the following new section:
``Sec. 499a. Collection, storage, and sharing of data relating to
nuclear security enterprise and nuclear forces
``(a) In General.--The Secretary of Defense, acting through
the Director of Cost Assessment and Program Evaluation, and the
Administrator for Nuclear Security, acting through the Director
for Cost Estimating and Program Evaluation, shall collect and
store cost, programmatic, and technical data relating to
programs and projects of the nuclear security enterprise and
nuclear forces.
``(b) Sharing of Data.--If the Director of Cost Assessment
and Program Evaluation or the Director for Cost Estimating and
Program Evaluation requests data relating to programs or
projects from any element of the Department of Defense or from
any element of the nuclear security enterprise of the National
Nuclear Security Administration, that element shall provide
that data in a timely manner.
``(c) Storage of Data.--(1) Data collected by the Director
of Cost Assessment and Program Evaluation and the Director for
Cost Estimating and Program Evaluation under this section shall
be--
``(A) stored in the data storage system of the
Defense Cost and Resource Center, or successor center,
or in a data storage system of the National Nuclear
Security Administration that is comparable to the data
storage system of the Defense Cost and Resource Center;
and
``(B) made accessible to other Federal agencies as
such Directors consider appropriate.
``(2) The Secretary and the Administrator shall ensure that
the Director of Cost Assessment and Program Evaluation and the
Director for Cost Estimating and Program Evaluation have
sufficient information system support, as determined by such
Directors, to facilitate the timely hosting, handling, and
sharing of data relating to programs and projects of the
nuclear security enterprise under this section at the
appropriate level of classification.
``(3) The Deputy Administrator for Naval Reactors of the
National Nuclear Security Administration may coordinate with
the Director of Cost Assessment and Program Evaluation and the
Director for Cost Estimating and Program Evaluation to ensure
that, at the discretion of the Deputy Administrator, data
relating to programs and projects of the Office of Naval
Reactors are correctly represented in the data storage system
pursuant to paragraph (1)(A).
``(d) Contract Requirements.--The Secretary and the
Administrator shall ensure that any relevant contract relating
to a program or project of the nuclear security enterprise and
nuclear forces that is entered into on or after the date of the
enactment of this section appropriately includes--
``(1) requirements and standards for data
collection; and
``(2) requirements for reporting on cost,
programmatic, and technical data using procedures,
standards, and formats approved by the Director of Cost
Assessment and Program Evaluation and the Director for
Cost Estimating and Program Evaluation.
``(e) Nuclear Security Enterprise Defined.--In this
section, the term `nuclear security enterprise' has the meaning
given that term in section 4002 of the Atomic Energy Defense
Act (50 U.S.C. 2501).''.
(b) Clerical Amendment.--The table of sections for chapter
24 of such title is amended by inserting after the item
relating to section 499, as added by section 1651, the
following new item:
``499a. Collection, storage, and sharing of data relating to nuclear
security enterprise and nuclear forces.''.
SEC. 1653. NOTIFICATIONS REGARDING DUAL-CAPABLE F-35A AIRCRAFT.
Section 179(f) of title 10, United States Code, is
amended--
(1) by redesignating paragraph (6) as paragraph
(7); and
(2) by inserting after paragraph (5) the following
new paragraph (6):
``(6) If a House of Congress adopts a bill authorizing or
appropriating funds for the Department of Defense that, as
determined by the Council, provides funds in an amount that
will result in a delay in the nuclear certification or delivery
of F-35A dual-capable aircraft, the Council shall notify the
congressional defense committees of the determination.''.
SEC. 1654. OVERSIGHT OF DELAYED ACQUISITION PROGRAMS BY COUNCIL ON
OVERSIGHT OF THE NATIONAL LEADERSHIP COMMAND,
CONTROL, AND COMMUNICATIONS SYSTEM.
(a) Status Updates.--
(1) In general.--Section 171a of title 10, United
States Code, is amended--
(A) by redesignating subsection (k) as
subsection (l); and
(B) by inserting after subsection (j) the
following new subsection (k):
``(k) Status of Acquisition Programs.--(1) On a quarterly
basis, each program manager of a covered acquisition program
shall transmit to the co-chairs of the Council, acting through
the senior steering group of the Council, a report that
identifies--
``(A) the covered acquisition program;
``(B) the requirements of the program;
``(C) the development timeline of the program; and
``(D) the status of the program, including whether
the program is delayed and, if so, whether such delay
will result in a program schedule delay.
``(2) Not later than seven days after the end of each
semiannual period, the co-chairs of the Council shall submit to
the congressional defense committees a report that identifies,
with respect to the reports transmitted to the Council under
paragraph (1) for the two quarters in such period--
``(A) each covered acquisition program that is
delayed more than 180 days; and
``(B) any covered acquisition program that should
have been included in such reports but was excluded,
and the reasons for such exclusion.
``(3) In this subsection, the term `covered acquisition
program' means each acquisition program of the Department of
Defense that materially contributes to--
``(A) the nuclear command, control, and
communications systems of the United States; or
``(B) the continuity of government systems of the
United States.''.
(2) Instructions.--The Secretary of Defense shall
issue a Department of Defense Instruction, or revise
such an Instruction, to ensure that program managers
carry out subsection (k)(1) of section 171a of title
10, United States Code, as added by paragraph (1).
(b) Execution and Programmatic Oversight.--
(1) Database.--Not later than one year after the
date of the enactment of this Act, the Chief
Information Officer of the Department of Defense, as
Executive Secretary of the Council on Oversight of the
National Leadership Command, Control, and
Communications System established under section 171a of
title 10, United States Code (or a successor to the
Chief Information Officer assigned responsibility for
policy, oversight, guidance, and coordination for
nuclear command and control systems), shall, in
coordination with the Under Secretary of Defense for
Acquisition and Sustainment, develop a database
relating to the execution of all nuclear command,
control, and communications acquisition programs of the
Department of Defense with an approved Materiel
Development Decision. The database shall be updated not
less frequently than annually and upon completion of a
major program element of such a program.
(2) Database elements.--The database required by
paragraph (1) shall include, at a minimum, the
following elements for each program described in that
paragraph, consistent with Department of Defense
Instruction 5000.02:
(A) Projected dates for Milestones A, B,
and C, including cost thresholds and objectives
for major elements of life cycle cost.
(B) Projected dates for program design
reviews and critical design reviews.
(C) Projected dates for developmental and
operation tests.
(D) Projected dates for initial operational
capability and final operational capability.
(E) An acquisition program baseline.
(F) Program acquisition unit cost and
average procurement unit cost.
(G) Contract type.
(H) Key performance parameters.
(I) Key system attributes.
(J) A risk register.
(K) Technology readiness levels.
(L) Manufacturing readiness levels.
(M) Integration readiness levels.
(N) Any other critical elements that affect
the stability of the program.
(3) Briefings.--The co-chairs of the Council on
Oversight of the National Leadership Command, Control,
and Communications System shall brief the congressional
defense committees on the status of the database
required by paragraph (1)--
(A) not later than 180 days after the date
of the enactment of this Act; and
(B) upon completion of the database.
SEC. 1655. ESTABLISHMENT OF NUCLEAR COMMAND AND CONTROL INTELLIGENCE
FUSION CENTER.
(a) Establishment.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense and the
Director of National Intelligence shall jointly establish an
intelligence fusion center to effectively integrate and unify
the protection of nuclear command, control, and communications
programs, systems, and processes and continuity of government
programs, systems, and processes.
(b) Charter.--In establishing the fusion center under
subsection (a), the Secretary and the Director shall develop a
charter for the fusion center that includes the following:
(1) To carry out the duties of the fusion center, a
description of--
(A) the roles and responsibilities of
officials and elements of the Federal
Government, including a detailed description of
the organizational relationships of such
officials and the elements of the Federal
Government that are key stakeholders;
(B) the organization reporting chain of the
fusion center;
(C) the staffing of the fusion center;
(D) the processes of the fusion center; and
(E) how the fusion center integrates with
other elements of the Federal Government.
(2) The management and administration processes
required to carry out the fusion center, including with
respect to facilities and security authorities.
(3) Procedures to ensure that the appropriate
number of staff of the fusion center have the security
clearance necessary to access information on the
programs, systems, and processes that relate, either
wholly or substantially, to nuclear command, control,
and communications or continuity of government,
including with respect to both the programs, systems,
and processes that are designated as special access
programs (as described in section 4.3 of Executive
Order 13526 (50 U.S.C. 3161 note) or any successor
Executive order) and the programs, systems, and
processes that contain sensitive compartmented
information.
(c) Coordination.--In establishing the fusion center under
subsection (a), the Secretary and the Director shall coordinate
with the elements of the Federal Government that the Secretary
and Director determine appropriate.
(d) Reports.--
(1) Initial report.--Not later than 120 days after
the date of the enactment of this Act, the Secretary
and the Director shall jointly submit to the
appropriate congressional committees a report
containing--
(A) the charter for the fusion center
developed under subsection (b); and
(B) a plan on the budget and staffing of
the fusion center.
(2) Annual reports.--At the same time as the
President submits to Congress the annual budget request
under section 1105 of title 31, United States Code, for
fiscal year 2019 and each fiscal year thereafter, the
Secretary and the Director shall submit to the
appropriate congressional committees a report on the
fusion center, including, with respect to the period
covered by the report--
(A) any updates to the plan on the budget
and staffing of the fusion center;
(B) any updates to the charter developed
under subsection (b); and
(C) a summary of the activities and
accomplishments of the fusion center.
(3) Sunset.--No report is required under this
subsection after December 31, 2021.
(e) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees; and
(2) the Permanent Select Committee on Intelligence
of the House of Representatives and the Select
Committee on Intelligence of the Senate.
SEC. 1656. SECURITY OF NUCLEAR COMMAND, CONTROL, AND COMMUNICATIONS
SYSTEM FROM COMMERCIAL DEPENDENCIES.
(a) Certification.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
certify to the congressional defense committees whether the
Secretary uses covered telecommunications equipment or services
as a substantial or essential component of any system, or as
critical technology as part of any system, to carry out--
(1) the nuclear deterrence mission of the
Department of Defense, including with respect to
nuclear command, control, and communications,
integrated tactical warning and attack assessment, and
continuity of government; or
(2) the homeland defense mission of the Department,
including with respect to ballistic missile defense.
(b) Prohibition and Mitigation.--
(1) Prohibition.--Except as provided by paragraph
(2), beginning on the date that is one year after the
date of the enactment of this Act, the Secretary of
Defense may not procure or obtain, or extend or renew a
contract to procure or obtain, any equipment, system,
or service to carry out the missions described in
paragraphs (1) and (2) of subsection (a) that uses
covered telecommunications equipment or services as a
substantial or essential component of any system, or as
critical technology as part of any system.
(2) Waiver.--The Secretary may waive the
prohibition in paragraph (1) on a case-by-case basis
for a single one-year period if the Secretary--
(A) determines such waiver to be in the
national security interests of the United
States; and
(B) certifies to the congressional
committees that--
(i) there are sufficient
mitigations in place to guarantee the
ability of the Secretary to carry out
the missions described in paragraphs
(1) and (2) of subsection (a); and
(ii) the Secretary is removing the
use of covered telecommunications
equipment or services in carrying out
such missions.
(3) Delegation.--The Secretary may not delegate the
authority to make a waiver under paragraph (2) to any
official other than the Deputy Secretary of Defense or
the co-chairs of the Council on Oversight of the
National Leadership Command, Control, and
Communications System established by section 171a of
title 10, United States Code.
(c) Definitions.--In this section:
(1) The term ``congressional defense committees''
has the meaning given that term in section 101(a)(16)
of title 10, United States Code.
(2) The term ``covered foreign country'' means any
of the following:
(A) The People's Republic of China.
(B) The Russian Federation.
(3) The term ``covered telecommunications equipment
or services'' means any of the following:
(A) Telecommunications equipment produced
by Huawei Technologies Company or ZTE
Corporation (or any subsidiary or affiliate of
such entities).
(B) Telecommunications services provided by
such entities or using such equipment.
(C) Telecommunications equipment or
services produced or provided by an entity that
the Secretary of Defense reasonably believes to
be an entity owned or controlled by, or
otherwise connected to, the government of a
covered foreign country.
SEC. 1657. OVERSIGHT OF AERIAL-LAYER PROGRAMS BY COUNCIL ON OVERSIGHT
OF THE NATIONAL LEADERSHIP COMMAND, CONTROL, AND
COMMUNICATIONS SYSTEM.
Any analysis of alternatives for the Senior Leader Airborne
Operations Center, the executive airlift program of the Air
Force, and the E-6B modernization program may not receive final
approval by the Joint Requirements Oversight Council, and the
Director of Cost Assessment and Program Evaluation may not
conduct any sufficiency review of such an analysis of
alternatives, unless--
(1) the Council on Oversight of the National
Leadership Command, Control, and Communications System
established by section 171a of title 10, United States
Code, determines that the alternatives for such
programs are capable of meeting the requirements for
senior leadership communications in support of the
nuclear command, control, and communications mission of
the Department of Defense and the continuity of
government mission of the Department;
(2) the Council submits to the congressional
defense committees such determination; and
(3) a period of 30 days elapses following the date
of such submission.
SEC. 1658. SECURITY CLASSIFICATION GUIDE FOR PROGRAMS RELATING TO
NUCLEAR COMMAND, CONTROL, AND COMMUNICATIONS AND
NUCLEAR DETERRENCE.
(a) Requirement for Security Classification Guide.--Not
later than 90 days after the date of the enactment of this Act,
the Secretary of Defense shall require the issuance of a
security classification guide for each covered program to
ensure the protection of sensitive information from public
disclosure.
(b) Requirements.--Each security classification guide
issued pursuant to subsection (a) shall be--
(1) approved by--
(A) the Council on Oversight of the
National Leadership Command, Control, and
Communications System with respect to covered
programs under paragraph (1) or (2) of
subsection (c); or
(B) the Nuclear Weapons Council with
respect to covered programs under paragraph (3)
of such subsection; and
(2) issued not later than March 19, 2019, with
respect to a covered program in existence as of such
date.
(c) Annual Notifications.--On an annual basis during the
three-year period beginning on the date of the enactment of
this Act, the Deputy Secretary of Defense, without delegation,
shall notify the congressional defense committees of the status
of implementing subsection (a), including a description of any
challenges to such implementation.
(d) Exclusion.--This section shall not apply with respect
to restricted data covered by chapter 12 of the Atomic Energy
Act of 1954 (42 U.S.C. 2161 et seq.).
(e) Covered Program Defined.--In this section, the term
``covered program'' means programs of the Department of Defense
in existence on or after the date of the enactment of this Act
relating to any of the following:
(1) Continuity of government.
(2) Nuclear command, control, and communications.
(3) Nuclear deterrence.
SEC. 1659. EVALUATION AND ENHANCED SECURITY OF SUPPLY CHAIN FOR NUCLEAR
COMMAND, CONTROL, AND COMMUNICATIONS AND CONTINUITY
OF GOVERNMENT PROGRAMS.
(a) Evaluations of Supply Chain Vulnerabilities.--
(1) In general.--Not later than December 31, 2019,
and in accordance with the plan under paragraph (2)(A),
the Secretary of Defense shall conduct evaluations of
the supply chain vulnerabilities of each covered
program.
(2) Plan.--
(A) Development.--The Secretary shall
develop a plan to carry out the evaluations
under paragraph (1), including with respect to
the personnel and resources required to carry
out such evaluations.
(B) Submission.--Not later than 180 days
after the date of the enactment of this Act,
the Secretary shall submit to the congressional
defense committees the plan under subparagraph
(A).
(3) Waiver.--The Secretary may waive, on a case-by-
case basis with respect to a weapons system, a program,
or a system of systems, of a covered program, either
the requirement to conduct an evaluation under
paragraph (1) or the deadline specified in such
paragraph if the Secretary certifies to the
congressional defense committees before such date that
all known supply chain vulnerabilities of such weapons
system, program, or system of systems have minimal
consequences for the capability of such weapons system,
program, or system of systems to meet operational
requirements or otherwise satisfy mission requirements.
(4) Risk mitigation strategies.--In carrying out an
evaluation under paragraph (1) with respect to a
covered program specified in subparagraph (B) or (C) of
subsection (c)(2), the Secretary shall develop
strategies for mitigating the risks of supply chain
vulnerabilities identified in the course of such
evaluation.
(b) Prioritization of Certain Supply Chain Risk Management
Efforts.--
(1) Instructions.--Not later than 180 days after
the date of the enactment of this Act, the Secretary
shall issue a Department of Defense Instruction, or
update such an Instruction, establishing the
prioritization of supply chain risk management
programs, including supply chain risk management threat
assessment reporting, to ensure that acquisition and
sustainment programs relating to covered programs
receive the highest priority of such supply chain risk
management programs and reporting.
(2) Requirements.--
(A) Establishment.--The Secretary shall
establish requirements to carry out supply
chain risk management threat assessment
collections and analyses under acquisition and
sustainment programs relating to covered
programs.
(B) Submission.--Not later than 120 days
after the date of the enactment of this Act,
the Secretary shall submit to the appropriate
congressional committees the requirements
established under subparagraph (A).
(c) Definitions.--In this section:
(1) The term ``appropriate congressional
committees'' means--
(A) the congressional defense committees;
and
(B) the Permanent Select Committee on
Intelligence of the House of Representatives
and the Select Committee on Intelligence of the
Senate.
(2) The term ``covered programs'' means programs
relating to any of the following:
(A) Nuclear weapons.
(B) Nuclear command, control, and
communications.
(C) Continuity of government.
(D) Ballistic missile defense.
SEC. 1660. PROCUREMENT AUTHORITY FOR CERTAIN PARTS OF INTERCONTINENTAL
BALLISTIC MISSILE FUZES.
(a) Availability of Funds.--Notwithstanding section 1502(a)
of title 31, United States Code, of the amount authorized to be
appropriated for fiscal year 2018 by section 101 and available
for Missile Procurement, Air Force, as specified in the funding
table in division D, $6,334,000 shall be available for the
procurement of covered parts pursuant to contracts entered into
under section 1645(a) of the Carl Levin and Howard P. ``Buck''
McKeon National Defense Authorization Act for Fiscal Year 2015
(Public Law 113-291; 128 Stat. 3651).
(b) Covered Parts Defined.--In this section, the term
``covered parts'' means commercially available off-the-shelf
items as defined in section 104 of title 41, United States
Code.
SEC. 1661. PRESIDENTIAL NATIONAL VOICE CONFERENCING SYSTEM AND PHOENIX
AIR-TO-GROUND COMMUNICATIONS NETWORK.
(a) Consolidation of Elements.--
(1) PNVCS.--Not later than one year after the date
of the enactment of this Act, all program elements and
funding for the Presidential National Voice
Conferencing System shall be transferred to the Program
Executive Office with responsibility for the Family of
Advanced Beyond Line-of-Sight Terminals program. The
Program Executive Office shall be responsible for
approving all such program elements, requests for
funding, and contract actions (including regarding
contract line items) relating to the Presidential
National Voice Conferencing System.
(2) PAGCN.--Not later than one year after the date
of the enactment of this Act, all program elements and
funding for the Phoenix Air-to-Ground Communications
Network shall be transferred to the Program Executive
Office with responsibility for the nuclear command,
control, and communications systems of the United
States. The Program Executive Office shall be
responsible for approving all such program elements,
requests for funding, and contract actions (including
regarding contract line items) relating to the Phoenix
Air-to-Ground Communications Network.
(b) Selected Acquisition Reports.--Commencing not later
than one year after the date of the enactment of this Act, the
Presidential National Voice Conferencing System and the Phoenix
Air-to-Ground Communications Network shall each be deemed to be
a program for which a Selected Acquisition Report is required
pursuant to section 2432 of title 10, United States Code.
SEC. 1662. LIMITATION ON PURSUIT OF CERTAIN COMMAND AND CONTROL
CONCEPT.
(a) Limitation on Command and Control Concept.--The
Secretary of the Air Force may not award a contract for
engineering and manufacturing development for the ground-based
strategic deterrent program that would result in a command and
control concept for such program that consists of less than 15
fixed launch control centers per missile wing unless the
Commander of the United States Strategic Command--
(1) determines that--
(A) the plans of the Secretary of the Air
Force for a command and control concept
consisting of less than 15 fixed launch control
centers per missile wing are appropriate, meet
requirements, and do not contain excessive
risk;
(B) the risks to schedules and costs from
such concept are minimized and manageable;
(C) the strategy and plan of the Secretary
of the Air Force for addressing cyber threats
for such concept are robust; and
(D) with respect to such concept, the
Secretary of the Air Force has established an
appropriate process for considering and
managing trade-offs among requirements relating
to survivability, long-term operations and
sustainment costs, procurement costs, and
military personnel needs; and
(2) submits, in writing, to the Secretary of
Defense and the congressional defense committees such
determination.
(b) Inability to Make Determination.--If the Secretary of
the Air Force proposes to award a contract specified in
subsection (a) and the Commander is unable to make the
determination under such subsection, the Commander shall
submit, in writing, to the Secretary of Defense and the
congressional defense committees the reasons for not making
such determination.
(c) No Effect on Competition.--Nothing in subsection (a) or
(b) shall be construed to affect or prohibit the ability of the
Secretary of the Air Force to use fair and open competition
procedures in soliciting, evaluating, and awarding contracts
for the ground-based strategic deterrent program.
SEC. 1663. PROHIBITION ON AVAILABILITY OF FUNDS FOR MOBILE VARIANT OF
GROUND-BASED STRATEGIC DETERRENT MISSILE.
Section 1664 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2615) is
amended by striking ``or 2018'' and inserting ``through 2019''.
SEC. 1664. PROHIBITION ON REDUCTION OF THE INTERCONTINENTAL BALLISTIC
MISSILES OF THE UNITED STATES.
(a) Prohibition.--Except as provided by subsection (b),
none of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2018 for the
Department of Defense shall be obligated or expended for--
(1) reducing, or preparing to reduce, the
responsiveness or alert level of the intercontinental
ballistic missiles of the United States; or
(2) reducing, or preparing to reduce, the quantity
of deployed intercontinental ballistic missiles of the
United States to a number less than 400.
(b) Exception.--The prohibition in subsection (a) shall not
apply to any of the following activities:
(1) The maintenance or sustainment of
intercontinental ballistic missiles.
(2) Ensuring the safety, security, or reliability
of intercontinental ballistic missiles.
(3) Reduction in the number of deployed
intercontinental ballistic missiles that are carried
out in compliance with--
(A) the limitations of the New START Treaty
(as defined in section 494(a)(2)(D) of title
10, United States Code); and
(B) section 1644 of the Carl Levin and
Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public
Law 113-291; 128 Stat. 3651; 10 U.S.C. 494
note).
SEC. 1665. MODIFICATION TO ANNUAL REPORT ON PLAN FOR THE NUCLEAR
WEAPONS STOCKPILE, NUCLEAR WEAPONS COMPLEX, NUCLEAR
WEAPONS DELIVERY SYSTEMS, AND NUCLEAR WEAPONS
COMMAND AND CONTROL SYSTEM.
Subsection (a)(2)(F) of section 1043 of the National
Defense Authorization Act for Fiscal Year 2012 (Public Law 112-
81; 125 Stat. 1576), as most recently amended by section 1643
of the Carl Levin and Howard P. ``Buck'' McKeon National
Defense Authorization Act for Fiscal Year 2015 (Public Law 113-
291; 128 Stat. 3650), is further amended by inserting after the
period at the end the following: ``The Secretary may include
information and data for a period beyond such 10-year period if
the Secretary determines that such information and data is
accurate and useful in understanding the long-term nuclear
modernization plan.''.
SEC. 1666. ESTABLISHMENT OF PROCEDURES FOR IMPLEMENTATION OF NUCLEAR
ENTERPRISE REVIEW.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall issue
a final Department of Defense Instruction establishing
procedures for the long-term implementation of the
recommendations contained in the Independent Review of the
Department of Defense Nuclear Enterprise, dated June 2, 2014,
and the Internal Assessment of the Department of Defense
Nuclear Enterprise, dated September 2014.
(b) Submission.--The Secretary shall submit to the
congressional defense committees the final instruction under
subsection (a) by not later than 30 days after issuing the
instruction.
SEC. 1667. REPORT ON IMPACTS OF NUCLEAR PROLIFERATION.
(a) Sense of Congress.--It is the sense of Congress that--
(1) nuclear proliferation continues to be a serious
threat to the security of the United States;
(2) it is critical for the United States to
understand the impacts of nuclear proliferation and
ensure the necessary policies and resources are in
place to prevent the proliferation of nuclear materials
and weapons;
(3) effectively addressing the danger of states and
non-state actors acquiring nuclear weapons or nuclear-
weapons-usable material should be a clear priority for
United States national security; and
(4) Secretary of Defense James Mattis testified
before Congress on June 12, 2017, that ``nuclear
nonproliferation has not received enough attention over
quite a few years''.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a report containing--
(1) a description of the impacts of nuclear
proliferation on the security of the United States;
(2) a description of how the Department of Defense
is contributing to the current strategy to respond to
the threat of nuclear proliferation, and what resources
are being applied to this effort, including whether
there are any funding gaps; and
(3) if and how nuclear proliferation is being
addressed in the Nuclear Posture Review and other
pertinent strategy reviews.
SEC. 1668. CERTIFICATION THAT THE NUCLEAR POSTURE REVIEW ADDRESSES
DETERRENT EFFECT AND OPERATION OF UNITED STATES
NUCLEAR FORCES IN CURRENT AND FUTURE SECURITY
ENVIRONMENTS.
(a) Certification Required.--Not later than 30 days after
completing the first Nuclear Posture Review after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a certification
that the Nuclear Posture Review accounts for--
(1) with respect to the nuclear capabilities of the
United States as of such date of enactment--
(A) the ability of such capabilities to
deter adversaries of the United States that
possess nuclear weapons or may possess such
weapons in the future;
(B) the ability of the United States to
operate in a major regional conflict that
involves nuclear weapons;
(C) the ability and preparedness of
forward-deployed members of the Armed Forces to
operate in a nuclear environment; and
(D) weapons, equipment, and training or
conduct that would improve the abilities
described in subparagraphs (A), (B), and (C);
(2) with respect to the nuclear capabilities of the
United States projected over the 10-year period
beginning on such date of enactment--
(A) the projected ability of such
capabilities to deter adversaries of the United
States that possess nuclear weapons or may
possess such weapons in the future;
(B) the projected ability of the United
States to operate in a major regional conflict
that involves nuclear weapons;
(C) the projected ability and preparedness
of forward-deployed members of the Armed Forces
to operate in a nuclear environment; and
(D) weapons, equipment, and training or
conduct that would improve the abilities
described in subparagraphs (A), (B), and (C);
and
(3) any actions that could be taken by the
Secretary of Defense or the Administrator for Nuclear
Security in the near and medium terms to decrease the
risk posed by possible additional changes to the
security environment related to nuclear weapons in the
future.
(b) Form.--The certification under subsection (a) may be
submitted in classified form.
SEC. 1669. PLAN TO MANAGE INTEGRATED TACTICAL WARNING AND ATTACK
ASSESSMENT SYSTEM AND MULTI-DOMAIN SENSORS.
(a) Plan Required.--Not later than one year after the date
of the enactment of this Act, the Secretary of the Air Force
shall develop a plan to manage the Air Force missile warning
elements of the Integrated Tactical Warning and Attack
Assessment System as a weapon system consistent with Air Force
Policy Directive 10-9, entitled ``Lead Command Designation and
Responsibilities for Weapon Systems'' and dated March 8, 2007.
(b) Multi-domain Sensor Management and Exploitation.--
(1) In general.--The plan required by subsection
(a) shall include a long-term plan to manage all
available sensors for multi-domain exploitation against
modern and emergent threats in order to provide
comprehensive support for integrated tactical warning
and attack assessment, missile defense, and space
situational awareness.
(2) Coordination with other agencies.--In
developing the plan required by paragraph (1), the
Secretary shall--
(A) coordinate with the Secretary of the
Army, the Secretary of the Navy, the Director
of the Missile Defense Agency, and the Director
of the National Reconnaissance Office; and
(B) solicit comments on the plan, if any,
from the Commander of the United States
Strategic Command and the Commander of the
United States Northern Command.
(c) Submission to Congress.--Not later than 14 months after
the date of the enactment of this Act, the Secretary shall
submit to the congressional defense committees--
(1) the plan required by subsection (a); and
(2) the comments from the Commander of the United
States Strategic Command and the Commander of the
United States Northern Command, if any, on the plan
required by subsection (b)(1).
SEC. 1670. CERTIFICATION REQUIREMENT WITH RESPECT TO STRATEGIC
RADIATION HARDENED TRUSTED MICROELECTRONICS.
Not later than December 31, 2020, the Secretary of Defense
shall submit to the congressional defense committees a
certification that an assured capability to produce or acquire
strategic radiation hardened trusted microelectronics,
consistent with Department of Defense Instruction 5200.44, is
operational and available to supply necessary microelectronic
components for necessary radiation environments involved with
the acquisition of delivery systems for nuclear weapons.
SEC. 1671. NUCLEAR POSTURE REVIEW.
(a) Sense of Congress.--It is the sense of Congress that
the Nuclear Posture Review should--
(1) take into account the obligations of the United
States under treaties ratified by and with the advice
and consent of the Senate;
(2) examine the tools required to sustain the
stockpile stewardship program under section 4201 of the
Atomic Energy Defense Act (50 U.S.C. 2521) in the
future to ensure the safety, security, and
effectiveness of the nuclear arsenal of the United
States; and
(3) consider input and views from all relevant
stakeholders in the United States Government, including
the Secretary of Energy, the Secretary of State, and
the Administrator for Nuclear Security, on issues
pertaining to nuclear deterrence, nuclear
nonproliferation, and nuclear arms control.
(b) Availability.--The Secretary of Defense shall ensure
that--
(1) the Nuclear Posture Review is submitted, in its
entirety, to the President and the congressional
defense committees; and
(2) an unclassified version of the Nuclear Posture
Review is made available to the public.
SEC. 1672. SENSE OF CONGRESS ON IMPORTANCE OF INDEPENDENT NUCLEAR
DETERRENT OF UNITED KINGDOM.
It is the sense of Congress that--
(1) nuclear deterrence is foundational to the
defense and security of the United States and the
security of the United States is enhanced by a nuclear-
armed ally with common values and security priorities;
(2) the United States sees the nuclear deterrent of
the United Kingdom as central to transatlantic security
and welcomes the commitment of the United Kingdom to
the North Atlantic Treaty Organization (NATO) to
continue to spend two percent of gross domestic product
on defense;
(3) in the face of increasing threats, the presence
of credible nuclear deterrent forces of the United
Kingdom is essential to international stability and for
NATO;
(4) the commitment of the United Kingdom to
sustaining an independent nuclear deterrent, deployed
continuously at sea, provides a vital second decision-
making point within the deterrent capability of NATO,
creating essential uncertainty in the mind of any
potential adversary;
(5) the United States Navy must continue to execute
the Columbia-class submarine program on time and within
budget to ensure that the sea-based leg of the nuclear
triad of the United States is sustained and the program
delivers a Common Missile Compartment, the Trident II
(D5) Strategic Weapon System, and associated equipment
and production capabilities, to support the successful
development and deployment of the Dreadnought
submarines of the United Kingdom;
(6) the support that the United Kingdom provides to
deployments of strategic ships and aircraft of the
United States at specialized facilities enables a vital
part of the deterrence posture of the United States as
well as mutual deterrence of adversaries and assurance
to the allies and partners of the United States; and
(7) the collaboration of the United Kingdom with
the United States on the military use of atomic energy
ensures a peer in the technology and science of nuclear
weapons and provides independent expert peer review of
the nuclear programs of the United States, ensuring
resilience and cost effectiveness to the nuclear
defense programs of both nations.
Subtitle E--Missile Defense Programs
SEC. 1676. ADMINISTRATION OF MISSILE DEFENSE AND DEFEAT PROGRAMS.
(a) Major Force Program.--
(1) In general.--Chapter 9 of title 10, United
States Code, is amended by adding at the end the
following new section:
``Sec. 239a. Missile defense and defeat programs: major force program
and budget assessment
``(a) Establishment of Major Force Program.--The Secretary
of Defense shall establish a unified major force program for
missile defense and defeat programs pursuant to section 222(b)
of this title to prioritize missile defense and defeat programs
in accordance with the requirements of the Department of
Defense and national security.
``(b) Budget Assessment.--(1) The Secretary shall include
with the defense budget materials for each of fiscal years 2019
through 2023 a report on the budget for missile defense and
defeat programs of the Department of Defense.
``(2) Each report on the budget for missile defense and
defeat programs of the Department under paragraph (1) shall
include the following:
``(A) An overview of the budget, including--
``(i) a comparison between that budget, the
previous budget, the most recent and prior
future-years defense program submitted to
Congress under section 221 of this title (such
comparison shall exclude the responsibility for
research and development of the continuing
improvement of such missile defense and defeat
program), and the amounts appropriated for such
missile defense and defeat programs during the
previous fiscal year; and
``(ii) the specific identification, as a
budgetary line item, for the funding under such
programs.
``(B) An assessment of the budget, including
significant changes, priorities, challenges, and risks.
``(C) Any additional matters the Secretary
determines appropriate.
``(3) Each report under paragraph (1) shall be submitted in
unclassified form, but may include a classified annex.
``(c) Definitions.--In this section:
``(1) The term `budget', with respect to a fiscal
year, means the budget for that fiscal year that is
submitted to Congress by the President under section
1105(a) of title 31.
``(2) The term `defense budget materials', with
respect to a fiscal year, means the materials submitted
to Congress by the Secretary of Defense in support of
the budget for that fiscal year.
``(3) The term `missile defense and defeat
programs' means active and passive ballistic missile
defense programs, cruise missile defense programs for
the homeland, and missile defeat programs.''.
(2) Clerical amendment.--The table of sections at
the beginning of such chapter is amended by inserting
after the item relating to section 239 the following
new item:
``239a. Missile defense and defeat programs: major force program and
budget assessment.''.
(b) Transition of Ballistic Missile Defense Programs to
Military Departments.--
(1) Requirement.--Not later than the date on which
the budget of the President for fiscal year 2021 is
submitted under section 1105 of title 31, United States
Code, the Secretary of Defense shall transfer the
acquisition authority and the total obligational
authority for each missile defense program described in
paragraph (2) from the Missile Defense Agency to a
military department.
(2) Missile defense program described.--A missile
defense program described in this paragraph is a
missile defense program of the Missile Defense Agency
that, as of the date specified in paragraph (1), has
received Milestone C approval (as defined in section
2366 of title 10, United States Code).
(3) Report.--
(A) In general.--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 plans of the Department of Defense for the
transition of missile defense programs from the
Missile Defense Agency to the military
departments pursuant to paragraph (1).
(B) Scope.--The report under subparagraph
(A) shall cover the period covered by the
future-years defense program that is submitted
under section 221 of title 10, United States
Code, in the year in which such report is
submitted.
(C) Matters included.--The report under
subparagraph (A) shall include the following:
(i) An identification of--
(I) the missile defense
programs planned to be
transitioned from the Missile
Defense Agency to the military
departments; and
(II) the missile defense
programs, if any, not planned
for transition to the military
departments.
(ii) The schedule for transition of
each missile defense program planned to
be transitioned to a military
department, and an explanation of such
schedule.
(iii) A description of--
(I) the status of the plans
of the Missile Defense Agency
and the military departments
for the transition of missile
defense programs from that
agency to the military
departments; and
(II) the status of any
agreement between the Missile
Defense Agency and one or more
of the military departments on
the transition of any such
program from that agency to the
military departments, including
any agreement on the
operational test criteria that
must be achieved before such
transition.
(iv) An identification of the
element of the Department of Defense
(whether the Missile Defense Agency, a
military department, or both) that will
be responsible for funding each missile
defense program to be transitioned to a
military department, and at what date.
(v) A description of the type of
funds that will be used (whether funds
for research, development, test, and
evaluation, procurement, military
construction, or operation and
maintenance) for each missile defense
program to be transitioned to a
military department.
(vi) An explanation of the number
of systems planned for procurement for
each missile defense program to be
transitioned to a military department,
and the schedule for procurement of
each such system.
(vii) A description of how the
Missile Defense Agency will continue
the responsibility for the research and
development of improvements to missile
defense programs.
(c) Role of Missile Defense Agency.--
(1) In general.--Chapter 8 of title 10, United
States Code, is amended by adding at the end the
following new section:
``Sec. 205. Missile Defense Agency
``(a) Term of Director.--The Director of the Missile
Defense Agency shall be appointed for a six-year term.
``(b) Reporting.--The Missile Defense Agency shall be under
the authority, direction, and control of the Under Secretary of
Defense for Research and Engineering.''.
(2) Clerical amendment.--The table of sections at
the beginning of subchapter II of such chapter is
amended by adding at the end the following new item:
``205. Missile Defense Agency.''.
(3) Application.--
(A) Terms.--Subsection (a) of section 205
of title 10, United States Code, as added by
paragraph (1), shall apply the day following
the date on which the present incumbent in the
office of the Director of the Missile Defense
Agency, as of the date of the enactment of this
Act, ceases to serve as such.
(B) Reporting.--Subsection (b) of such
section 205 shall apply beginning on February
1, 2018. In carrying out such subsection, the
Missile Defense Agency shall be under the
authority, direction, and control of the Under
Secretary of Defense for Research and
Engineering in the same manner as the Missile
Defense Agency was under the authority,
direction, and control of the Under Secretary
of Defense for Acquisition, Technology, and
Logistics pursuant to Department of Defense
Directive 5134.09. Any reference in such
Instruction to the Under Secretary of Defense
for Acquisition, Technology, and Logistics
shall be deemed to be a reference to the Under
Secretary of Defense for Research and
Engineering, including with respect to the
Under Secretary serving as the chairman of the
Missile Defense Executive Board.
SEC. 1677. CONDITION FOR PROCEEDING BEYOND LOW-RATE INITIAL PRODUCTION.
(a) Inclusion of Ballistic Missile Defense System.--Section
2399(a)(1) of title 10, United States Code, is amended--
(1) by striking ``or a covered designated major
subprogram'' and inserting ``, a covered designated
major subprogram, or an element of the ballistic
missile defense system''; and
(2) by striking ``program or subprogram'' and
inserting ``program, subprogram, or element''.
(b) Rule of Construction.--Section 1662(e) 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. 2431 note) is amended by inserting before the period at
the end the following: ``, or to diminish the authority of the
Secretary of Defense to deploy a missile defense system at the
date on which the Secretary determines appropriate''.
SEC. 1678. PRESERVATION OF THE BALLISTIC MISSILE DEFENSE CAPACITY OF
THE ARMY.
(a) Limitation.--None of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal
year 2018 or any fiscal year thereafter for the Army may be
obligated or expended to demilitarize any GEM-T interceptor or
remove any such interceptor from the operational inventory of
the Army until the date on which the Secretary of the Army
submits to the congressional defense committees the plan under
subsection (b).
(b) Plan.--Not later than 120 days after the date of the
enactment of this Act, the Secretary and the Chief of Staff of
the Army shall jointly submit to the congressional defense
committees a plan to maintain an inventory of interceptors
necessary to retain the capability provided by GEM-T
interceptors, including the costs, milestones, and timelines to
carry out such plan.
(c) Exception.--The limitation in subsection (a) shall not
apply to activities that the Secretary determines are critical
to the safety of GEM-T interceptors.
(d) GEM-T Interceptor Defined.--In this section, the term
``GEM-T interceptor'' means the Patriot guidance enhanced
missile TBM.
SEC. 1679. MODERNIZATION OF ARMY LOWER TIER AIR AND MISSILE DEFENSE
SENSOR.
(a) Approval of Acquisition Strategy.--
(1) In general.--Not later than September 15, 2018,
the Secretary of the Army shall issue an acquisition
strategy for a 360-degree lower tier air and missile
defense sensor that achieves initial operating
capability by not later than December 31, 2023.
(2) Requirements.--The acquisition strategy under
paragraph (1) shall--
(A) ensure the use of competitive
procedures;
(B) clearly describe the open-architecture
design to be used;
(C) provide a comprehensive fielding plan
that provides 360-degree lower tier air and
missile defense sensor capability to all units
of the Army;
(D) define the operation and sustainment
cost savings of the acquisition strategy and
other acquisition options of the Army;
(E) identify any programmatic cost
avoidance that could be achieved through co-
production, co-development, or foreign military
sales;
(F) ensure the fielding of an interim gap-
filler capability to the highest priority
forces (consisting of not less than three
battalions) for imminent threats; and
(G) identify the estimated cost to field
both the 360-degree lower tier air and missile
defense sensor capability and the interim
capability pursuant to subparagraph (E).
(3) Limitation.--If the Secretary of the Army does
not issue the acquisition strategy under subsection (a)
by September 15, 2018, none of the funds authorized to
be appropriated by this Act or otherwise made available
for fiscal year 2018 for the lower tier air and missile
defense sensor of the Army that are unobligated as of
such date may be obligated or expended.
(b) Conditional Transfer.--
(1) MDA.--If the Secretary of the Army does not
issue the acquisition strategy under subsection (a) by
September 15, 2018, the Secretary of Defense shall
transfer from the Secretary of the Army to the Director
of the Missile Defense Agency--
(A) the responsibility to issue the
acquisition strategy described in subsection
(a) by not later than August 15, 2019; and
(B) the responsibility to implement such
acquisition strategy to procure a 360-degree
lower tier air and missile defense sensor.
(2) Army.--If the Secretary of Defense carries out
the transfer under paragraph (1), after the 360-degree
lower tier air and missile defense sensor achieves
Milestone B approval (or equivalent), but before such
sensor achieves Milestone C approval (or equivalent),
the Secretary of Defense shall transfer from the
Director of the Missile Defense Agency to the Secretary
of the Army the responsibility to procure such sensor.
(c) Definitions.--The terms ``Milestone B approval'' and
``Milestone C approval'' have the meanings given those terms in
section 2366 of title 10, United States Code.
SEC. 1680. DEFENSE OF HAWAII FROM NORTH KOREAN BALLISTIC MISSILE
ATTACK.
(a) Sense of Congress.--It is the sense of Congress that--
(1) expanding persistent midcourse and terminal
ballistic missile defense system discrimination
capability is critically important to the defense of
the United States; and
(2) the Department of Defense should take all
appropriate steps to ensure Hawaii has missile defense
coverage against the evolving ballistic missile threat,
including from North Korea.
(b) Sequenced Approach.--The Secretary of Defense shall--
(1) protect the test and training operations of the
Pacific Missile Range Facility; and
(2) assess the siting and functionality of a
discrimination radar for homeland defense throughout
the Hawaiian Islands before assessing the feasibility
of improving the missile defense of Hawaii by using
existing missile defense assets that could materially
improve the defense of Hawaii.
(c) Test.--The Director of the Missile Defense Agency
shall--
(1) not later than December 31, 2020, conduct a
test to evaluate and demonstrate, if technologically
feasible, the capability to defeat a simple
intercontinental ballistic missile threat using the
standard missile 3 block IIA missile interceptor; and
(2) as part of the integrated master test plan for
the ballistic missile defense system, develop a plan to
demonstrate a capability to defeat a complex
intercontinental ballistic missile threat, including a
complex threat posed by the intercontinental ballistic
missiles of North Korea.
(d) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a report--
(1) that indicates whether demonstrating an
intercontinental ballistic missile defense capability
against North Korean ballistic missiles by the standard
missile 3 block IIA missile interceptor poses any risks
to strategic stability; and
(2) if the Secretary determines under paragraph (1)
that such demonstration poses such risks to strategic
stability, a description of the plan developed and
implemented by the Secretary to address and mitigate
such risks, as determined appropriate by the Secretary.
SEC. 1681. DESIGNATION OF LOCATION OF CONTINENTAL UNITED STATES
INTERCEPTOR SITE.
If consistent with the direction or recommendations of the
Ballistic Missile Defense Review that commenced in 2017, not
later than 60 days after the date on which the Ballistic
Missile Defense Review is published, the Secretary of Defense
shall--
(1) designate the preferred location of a potential
additional continental United States interceptor site;
(2) in making such designation, consider--
(A) strategic and operational
effectiveness, including with respect to the
location that is the most advantageous site to
the continental United States, including by
having the capability to provide shoot-assess-
shoot coverage to the entire continental United
States;
(B) existing infrastructure at the
location; and
(C) costs to construct, equip, and operate;
and
(3) submit to the congressional defense committees
a report on the designation made under paragraph (1)
with respect to each factor specified in subparagraphs
(A), (B), and (C) of such paragraph.
SEC. 1682. AEGIS ASHORE ANTI-AIR WARFARE CAPABILITY.
(a) Authorization.--Subject to the availability of funds
authorized to be appropriated by sections 101 and 201 of this
Act or otherwise made available for fiscal year 2018 for
procurement and research, development, test, and evaluation, as
specified in the funding tables in division D, the Secretary of
Defense shall continue the development, procurement, and
deployment of anti-air warfare capabilities at each Aegis
Ashore site in Romania and Poland. The Secretary shall ensure
the deployment of such capabilities--
(1) at such sites in Romania by not later than one
year after the date of the enactment of this Act; and
(2) at such sites in Poland by not later than one
year after the declaration of operational status for
such sites.
(b) Reprogramming and Transfers.--Any reprogramming or
transfer made to carry out subsection (a) shall be carried out
in accordance with established procedures for reprogramming or
transfers.
SEC. 1683. DEVELOPMENT OF PERSISTENT SPACE-BASED SENSOR ARCHITECTURE.
(a) In General.--If consistent with the direction or
recommendations of the Ballistic Missile Defense Review that
commenced in 2017, the Director of the Missile Defense Agency
shall develop, using sound acquisition practices, a highly
reliable and cost-effective persistent space-based sensor
architecture capable of supporting the ballistic missile
defense system.
(b) Testing and Deployment.--The Director shall ensure that
the sensor architecture developed under subsection (a) is
rigorously tested before final production decisions or
operational deployment.
(c) Functions.--The sensor architecture developed under
subsection (a) shall include one or more of the following
functions:
(1) Control of increased raid sizes.
(2) Precision tracking of threat missiles.
(3) Fire-control-quality tracks of evolving threat
missiles.
(4) Enabling of launch-on-remote and engage-on-
remote capabilities.
(5) Discrimination of warheads.
(6) Effective kill assessment.
(7) Enhanced shot doctrine.
(8) Integration with the command, control, battle
management, and communication program of the ballistic
missile defense system.
(9) Integration with all other elements of the
current ballistic missile defense system, including the
Terminal High Altitude Area Defense, Aegis Ballistic
Missile Defense, Aegis Ashore, and Patriot Air and
Missile Defense systems.
(10) Such additional functions as determined by the
Ballistic Missile Defense Review.
(d) Cost Estimates.--Whenever the Director develops a cost
estimate for the sensor architecture required by subsection
(a), the Director shall use--
(1) the cost-estimating and assessment guide of the
Comptroller General of the United States titled ``GAO
Cost Estimating and Assessment Guide'' (GAO-09-3SP), or
a successor guide; or
(2) the most current operating and support cost-
estimating guide of the Office of Cost Assessment and
Program Evaluation.
(e) Plan.--Not later than one year after the date of the
enactment of this Act, the Director shall submit to the
appropriate congressional committees a plan that includes--
(1) how the Director will develop the sensor
architecture under subsection (a), including with
respect to the estimated costs (in accordance with
subsection (d)) to develop, acquire, and deploy, and
the lifecycle costs to operate and sustain, the sensor
architecture;
(2) an assessment of the maturity of critical
technologies necessary to make operational such sensor
architecture, and recommendations for any research and
development activities to rapidly mature such
technologies;
(3) an assessment of what capabilities such sensor
architecture can contribute that other sensor
architectures do not contribute;
(4) how the Director will leverage the use of
national technical means, commercially available space
and terrestrial capabilities, hosted payloads, small
satellites, and other capabilities to carry out
subsection (a); and
(5) any other matters the Director determines
appropriate.
(f) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees; and
(2) the Select Committee on Intelligence of the
Senate and the Permanent Select Committee on
Intelligence of the House of Representatives.
SEC. 1684. IRON DOME SHORT-RANGE ROCKET DEFENSE SYSTEM AND ISRAELI
COOPERATIVE MISSILE DEFENSE PROGRAM CO-DEVELOPMENT
AND CO-PRODUCTION.
(a) Iron Dome Short-range Rocket Defense System.--
(1) Availability of funds.--Of the funds authorized
to be appropriated by this Act or otherwise made
available for fiscal year 2018 for procurement,
Defense-wide, and available for the Missile Defense
Agency, not more than $92,000,000 may be provided to
the Government of Israel to procure Tamir interceptors
for the Iron Dome short-range rocket defense system
through co-production of such interceptors in the
United States by industry of the United States.
(2) Conditions.--
(A) Agreement.--Funds described in
paragraph (1) for the Iron Dome short-range
rocket defense program shall be available
subject to the terms and conditions in the
Agreement Between the Department of Defense of
the United States of America and the Ministry
of Defense of the State of Israel Concerning
Iron Dome Defense System Procurement, signed on
March 5, 2014, as amended to include co-
production for Tamir interceptors. In
negotiations by the Missile Defense Agency and
the Missile Defense Organization of the
Government of Israel regarding such production,
the goal of the United States is to maximize
opportunities for co-production of the Tamir
interceptors described in paragraph (1) in the
United States by industry of the United States.
(B) Certification.--Not later than 30 days
prior to the initial obligation of funds
described in paragraph (1), the Director of the
Missile Defense Agency and the Under Secretary
of Defense for Acquisition and Sustainment
shall jointly submit to the appropriate
congressional committees--
(i) a certification that the
amended bilateral international
agreement specified in subparagraph (A)
is being implemented as provided in
such agreement; and
(ii) an assessment detailing any
risks relating to the implementation of
such agreement.
(b) Israeli Cooperative Missile Defense Program, David's
Sling Weapon System Co-production.--
(1) In general.--Subject to paragraph (2), of the
funds authorized to be appropriated for fiscal year
2018 for procurement, Defense-wide, and available for
the Missile Defense Agency not more than $120,000,000
may be provided to the Government of Israel to procure
the David's Sling Weapon System, including for co-
production of parts and components in the United States
by United States industry.
(2) Certification.--The Under Secretary of Defense
for Acquisition and Sustainment shall submit to the
appropriate congressional committees a certification
that--
(A) the Government of Israel has
demonstrated the successful completion of the
knowledge points, technical milestones, and
production readiness reviews required by the
research, development, and technology agreement
and the bilateral co-production agreement for
the David's Sling Weapon System;
(B) funds specified in paragraph (1) will
be provided on the basis of a one-for-one cash
match made by Israel or in another matching
amount that otherwise meets best efforts (as
mutually agreed to by the United States and
Israel); and
(C) the level of co-production of parts,
components, and all-up rounds (if appropriate)
in the United States by United States industry
for the David's Sling Weapon System is not less
than 50 percent.
(c) Israeli Cooperative Missile Defense Program, Arrow 3
Upper Tier Interceptor Program Co-production.--
(1) In general.--Subject to paragraph (2), of the
funds authorized to be appropriated for fiscal year
2018 for procurement, Defense-wide, and available for
the Missile Defense Agency not more than $120,000,000
may be provided to the Government of Israel for the
Arrow 3 Upper Tier Interceptor Program, including for
co-production of parts and components in the United
States by United States industry.
(2) Certification.--Except as provided by paragraph
(3), the Under Secretary of Defense for Acquisition and
Sustainment shall submit to the appropriate
congressional committees a certification that--
(A) the Government of Israel has
demonstrated the successful completion of the
knowledge points, technical milestones, and
production readiness reviews required by the
research, development, and technology
agreements for the Arrow 3 Upper Tier
Development Program;
(B) funds specified in paragraph (1) will
be provided on the basis of a one-for-one cash
match made by Israel or in another matching
amount that otherwise meets best efforts (as
mutually agreed to by the United States and
Israel);
(C) the United States has entered into a
bilateral international agreement with Israel
that establishes, with respect to the use of
such funds--
(i) in accordance with subparagraph
(D), the terms of co-production of
parts and components on the basis of
the greatest practicable co-production
of parts, components, and all-up rounds
(if appropriate) by United States
industry and minimizes nonrecurring
engineering and facilitization expenses
to the costs needed for co-production;
(ii) complete transparency on the
requirement of Israel for the number of
interceptors and batteries that will be
procured, including with respect to the
procurement plans, acquisition
strategy, and funding profiles of
Israel;
(iii) technical milestones for co-
production of parts and components and
procurement;
(iv) a joint affordability working
group to consider cost reduction
initiatives; and
(v) joint approval processes for
third-party sales; and
(D) the level of co-production described in
subparagraph (C)(i) for the Arrow 3 Upper Tier
Interceptor Program is not less than 50
percent.
(3) Waiver.--The Under Secretary may waive the
certification required by paragraph (2) if the Under
Secretary certifies to the appropriate congressional
committees that the Under Secretary has received
sufficient data from the Government of Israel to
demonstrate--
(A) the funds specified in paragraph (1)
are provided to Israel solely for funding the
procurement of long-lead components and
critical hardware in accordance with a
production plan, including a funding profile
detailing Israeli contributions for production,
including long-lead production, of the Arrow 3
Upper Tier Interceptor Program;
(B) such long-lead components have
successfully completed knowledge points,
technical milestones, and production readiness
reviews; and
(C) the long-lead procurement will be
conducted in a manner that maximizes co-
production in the United States without
incurring nonrecurring engineering activity or
cost other than such activity or cost required
for suppliers of the United States to start or
restart production in the United States.
(d) Number.--In carrying out paragraph (2) of subsection
(b) and paragraph (2) of subsection (c), the Under Secretary
may submit--
(1) one certification covering both the David's
Sling Weapon System and the Arrow 3 Upper Tier
Interceptor Program; or
(2) separate certifications for each respective
system.
(e) Timing.--The Under Secretary shall submit to the
congressional defense committees the certifications under
paragraph (2) of subsection (b) and paragraph (2) of subsection
(c) by not later than 60 days before the funds specified in
paragraph (1) of subsections (b) and (c) for the respective
system covered by the certification are provided to the
Government of Israel.
(f) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The congressional defense committees.
(2) The Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the
House of Representatives.
SEC. 1685. BOOST PHASE BALLISTIC MISSILE DEFENSE.
(a) Sense of Congress.--It is the sense of Congress that,
if consistent with the direction or recommendations of the
Ballistic Missile Defense Review that commenced in 2017--
(1) the Secretary of Defense should rapidly develop
and demonstrate a boost phase intercept capability for
missile defense as soon as practicable;
(2) existing technologies should be adapted to
demonstrate this capability;
(3) the concept of operation for this demonstration
should be developed in cooperation with the United
States Pacific Command to address emerging threats and
heightened tensions in the Asia-Pacific region; and
(4) the Secretary should prioritize funding
allocations for the development of boost phase
intercept capabilities and coordinate these efforts
with the Missile Defense Agency as the Agency develops
a space-based missile defense sensor layer.
(b) Initial Operational Deployment.--The Secretary of
Defense shall ensure that an effective interim kinetic or
directed energy boost phase ballistic missile defense
capability is available for initial operational deployment as
soon as practicable.
(c) Plan.--Together with the budget of the President
submitted to Congress under section 1105(a) of title 31, United
States Code, for fiscal year 2019, the Secretary of Defense
shall submit to the congressional defense committees a plan to
achieve the requirement in subsection (b). Such plan shall
include--
(1) the budget requirements;
(2) a robust test schedule; and
(3) a plan to develop an enduring boost phase
ballistic missile defense capability, including cost
and test schedule.
SEC. 1686. GROUND-BASED INTERCEPTOR CAPABILITY, CAPACITY, AND
RELIABILITY.
(a) Increase in Capacity and Continued Advancement.--The
Secretary of Defense may--
(1) subject to the amounts authorized to be
appropriated for national missile defense, increase the
number of the ground-based interceptors of the United
States by up to 28, if consistent with the direction or
recommendations of the Ballistic Missile Defense Review
that commenced in 2017;
(2) develop a plan to further increase such number
to the currently available missile field capacity of
104 and to plan for any future capacity at any site
that may be identified by such Ballistic Missile
Defense Review; and
(3) continue to rapidly advance missile defense
technologies to improve the capability and reliability
of the ground-based midcourse defense element of the
ballistic missile defense system.
(b) Deployment.--Not later than December 31, 2021, the
Secretary of Defense may--
(1) execute any requisite construction to ensure
that Missile Field 1 or Missile Field 2 at Fort Greely,
Alaska, or alternative missile fields at Fort Greely
which may be identified pursuant to subsection (a), are
capable of supporting and sustaining additional ground-
based interceptors; and
(2) deploy up to 20 additional ground-based
interceptors to a missile field at Fort Greely as soon
as technically feasible.
(c) Report.--
(1) In general.--If consistent with the direction
or recommendations of the Ballistic Missile Defense
Review that commenced in 2017, the Director of the
Missile Defense Agency shall submit to the
congressional defense committees, not later than 90
days after the date on which the Ballistic Missile
Defense Review is published, a report on options to
increase the capability, capacity, and reliability of
the ground-based midcourse defense element of the
ballistic missile defense system and the infrastructure
requirements for increasing the number of ground-based
interceptors in currently feasible locations across the
United States.
(2) Contents.--The report under paragraph (1) shall
include the following:
(A) An identification of potential sites in
the United States, whether existing or new on
the East Coast or in the Midwest, for the
deployment of 104 ground-based interceptors.
(B) A cost-benefit analysis of each such
site, including with respect to tactical,
operational, and cost-to-construct
considerations.
(C) A description of any completed and
outstanding environmental assessments or impact
statements for each such site.
(D) A description of the additional
infrastructure and components needed to further
outfit missile fields at Fort Greely before
emplacing additional ground-based interceptors
configured with the redesigned kill vehicle,
including with respect to ground excavation,
silos, utilities, and support equipment.
(E) A cost estimate of such infrastructure
and components.
(F) An estimated schedule for completing
such construction as may be required for such
infrastructure and components.
(G) An identification of any environmental
assessments or impact studies that would need
to be conducted to expand such missile fields
at Fort Greely beyond current capacity.
(H) A determination of the appropriate
fleet mix of ground-based interceptor kill
vehicles and boosters to maximize overall
system effectiveness and increase its capacity
and capability, including the costs and
benefits of continued inclusion of capability
enhancement II block 1 interceptors after the
fielding of the redesigned kill vehicle.
(3) Form.--The report submitted under paragraph (1)
shall be submitted in unclassified form, but may
include a classified annex.
SEC. 1687. LIMITATION ON AVAILABILITY OF FUNDS FOR GROUND-BASED
MIDCOURSE DEFENSE ELEMENT OF THE BALLISTIC MISSILE
DEFENSE SYSTEM.
Of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2018 for the ground-
based midcourse defense element of the ballistic missile
defense system, $50,000,000 may not be obligated or expended
until the date on which the Director of the Missile Defense
Agency submits to the congressional defense committees a
written certification that the risk of mission failure of
ground-based midcourse interceptor enhanced kill vehicles due
to foreign object debris has been minimized.
SEC. 1688. PLAN FOR DEVELOPMENT OF SPACE-BASED BALLISTIC MISSILE
INTERCEPT LAYER.
(a) Development.--If consistent with the direction or
recommendations of the Ballistic Missile Defense Review that
commenced in 2017, the Director of the Missile Defense Agency
shall develop a space-based ballistic missile intercept layer
to the ballistic missile defense system that is--
(1) regionally focused;
(2) capable of providing boost-phase defense; and
(3) achieves an operational capability at the
earliest practicable date.
(b) Space-based Ballistic Missile Intercept Layer Plan.--If
the Director carries out subsection (a), not later than one
year after the date of the enactment of this Act, the Director
shall submit to the appropriate congressional committees a plan
to carry out subsection (a) during the 10-year period following
the date of the plan. Such plan shall include the following:
(1) A concept definition phase consisting of
multiple awarded contracts to identify feasible
solutions consistent with architectural principles,
performance goals, and price points established by the
Director, such as contracts relating to--
(A) refined requirements;
(B) conceptual designs;
(C) technology readiness assessments;
(D) critical technical and operational
issues;
(E) cost, schedule, performance estimates;
and
(F) risk reduction plans.
(2) A technology risk reduction phase consisting of
up to three competitively awarded contracts focused on
maturing, integrating, and characterizing key
technologies, algorithms, components, and subsystems,
such as contracts relating to--
(A) refined concepts and designs;
(B) engineering trade studies;
(C) medium-to-high fidelity digital
representations of the space-based ballistic
missile intercept weapon system; and
(D) a proposed integration and test
sequence that could potentially lead to a live-
fire boost phase intercept during fiscal year
2022, if the technology has reached sufficient
maturity and is economically viable.
(3) During the technology risk reduction phase,
contractors will define proposed demonstrations to a
preliminary design review level prior to a technology
development phase down-select.
(4) A technology development phase consisting of
two competitively awarded contracts to mature the
preferred space-based ballistic missile intercept
weapon system concepts and to potentially conduct a
live-fire boost phase intercept fly-off during fiscal
year 2022, if the technology has reached sufficient
maturity and is economically viable, with brassboard
hardware and prototype software on a path to the
operational goal.
(5) A concurrent space-based ballistic missile
intercept weapon system fire control test bed activity
that incrementally incorporates modeling and simulation
elements, real-world data, hardware, algorithms, and
systems to evaluate with increasing confidence the
performance of evolving designs and concepts of such
weapon system from target detection to intercept.
(6) Any other matters the Director determines
appropriate.
(c) Establishment of Space Test Bed.--In carrying out
subsection (a), the Director of the Missile Defense Agency
shall establish a space test bed to--
(1) conduct research and development regarding
options for a space-based defensive layer, including
with respect to space-based interceptors and directed
energy platforms; and
(2) identify the most cost-efficient and promising
technological solutions to implementing such layer.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees; and
(2) the Select Committee on Intelligence of the
Senate and the Permanent Select Committee on
Intelligence of the House of Representatives.
SEC. 1689. SENSE OF CONGRESS ON THE STATE OF THE MISSILE DEFENSE OF THE
UNITED STATES.
It is the sense of Congress that--
(1) the Secretary of Defense should use the
Ballistic Missile Defense Review that commenced in 2017
to consider accelerating the development of
technologies that will increase the capacity,
capability, and reliability of the ground-based
midcourse defense element of the ballistic missile
defense system;
(2) upon completion of the Ballistic Missile
Defense Review, the Director of the Missile Defense
Agency should, to the extent practicable and with sound
acquisition practices, accelerate the development,
testing, and fielding of such capabilities as they are
prioritized in the Ballistic Missile Defense Review,
with respect to the redesigned kill vehicle, the multi-
object kill vehicle, the C3 booster, a space-based
sensor layer, boost phase sensor and kill technologies,
and additional ground-based interceptors; and
(3) in order to achieve these objectives, and to
avoid post-production and post-deployment problems, it
is essential for the Department of Defense and the
Missile Defense Agency to follow a ``fly before you
buy'' approach to adequately test and assess the
elements of the ballistic missile defense system before
final production decisions or operational deployment.
SEC. 1690. SENSE OF CONGRESS AND REPORT ON GROUND-BASED MIDCOURSE
DEFENSE TESTING.
(a) Sense of Congress.--It is the sense of Congress that--
(1) at a minimum, the Missile Defense Agency should
continue to flight test the ground-based midcourse
defense element at least once each fiscal year;
(2) the Department of Defense should allocate
increased funding to homeland missile defense testing
to ensure that the defenses of the United States
continue to evolve faster than the threats against
which they are postured to defend, while pursuing a
sound acquisition practice;
(3) in order to rapidly innovate, develop, and
field new technologies, the Director of the Missile
Defense Agency should continue to focus testing
campaigns on delivering increased capabilities to the
Armed Forces as quickly as possible; and
(4) the Director should seek to establish a more
prudent balance between risk mitigation and the more
rapid testing pace needed to quickly develop and
deliver new capabilities to the Armed Forces.
(b) Report.--
(1) In general.--If consistent with the direction
or recommendations of the Ballistic Missile Defense
Review that commenced in 2017, not later than 90 days
after the date on which the Review is published, the
Director of the Missile Defense Agency shall submit to
the congressional defense committees a revised missile
defense testing campaign plan that accelerates the
development and deployment of new missile defense
technologies.
(2) Contents.--The report under paragraph (1) shall
include the following:
(A) A detailed analysis of the acceleration
of each of following programs:
(i) Redesigned kill vehicle.
(ii) Multi-object kill vehicle.
(iii) Configuration-3 Booster.
(iv) Such additional technologies
as the Director considers appropriate.
(B) A new deployment timeline for each of
the programs listed in subparagraph (A) or a
detailed description of why the current
timeline for deployment technologies under
those programs is most suitable.
(C) An identification of any funding or
policy restrictions that would slow down the
deployment of the technologies under the
programs listed in subparagraph (A).
(D) A risk assessment of the potential
cost-overruns and deployment delays that may be
encountered in the expedited development
process of the capabilities under paragraph
(1).
(c) Report on Funding Profile.--The Director shall include
with the budget justification materials submitted to Congress
in support of the budget of the Department of Defense for
fiscal year 2019 (as submitted with the budget of the President
under section 1105(a) of title 31, United States Code) a report
on the funding profile necessary for the new testing campaign
plan required by subsection (b)(1).
Subtitle F--Other Matters
SEC. 1691. COMMISSION TO ASSESS THE THREAT TO THE UNITED STATES FROM
ELECTROMAGNETIC PULSE ATTACKS AND SIMILAR EVENTS.
(a) Establishment.--There is hereby established a
commission to be known as the ``Commission to Assess the Threat
to the United States from Electromagnetic Pulse Attacks and
Similar Events'' (hereafter in this section referred to as the
``Commission''). The purpose of the Commission is to assess and
make recommendations with respect to the threat to the United
States from electromagnetic pulse attacks and similar events.
(b) Composition.--
(1) Membership.--The Commission shall be composed
of 12 members appointed as follows:
(A) Three members appointed by the chair of
the Committee on Armed Services of the House of
Representatives.
(B) Three members appointed by the ranking
minority member of the Committee on Armed
Services of the House of Representatives.
(C) Three members appointed by the chair of
the Committee on Armed Services of the Senate.
(D) Three members appointed by the ranking
minority member of the Committee on Armed
Services of the Senate.
(2) Chair and vice chair.--
(A) Chair.--The chair of the Committee on
Armed Services of the House of Representatives
and the chair of the Committee on Armed
Services of the Senate shall jointly designate
one member of the Commission to serve as chair
of the Commission.
(B) Vice chair.--The ranking minority
member of the Committee on Armed Services of
the House of Representatives and the ranking
minority member of the Committee on Armed
Services of the Senate shall jointly designate
one member of the Commission to serve as vice
chair of the Commission.
(3) Security clearance required.--Each individual
appointed as a member of the Commission shall possess
(or have recently possessed before the date of such
appointment) the appropriate security clearance
necessary to carry out the duties of the Commission.
(4) Qualification.--Members of the Commission shall
be appointed from among private United States citizens
with knowledge and expertise in the scientific,
technical, and defense aspects of electromagnetic pulse
threats, geomagnetic disturbances, and related
vulnerabilities.
(5) Period of appointment; vacancies.--Members
shall be appointed for the life of the Commission. Any
vacancy in the Commission shall be filled in the same
manner as the original appointment.
(c) Duties.--
(1) Review and assessment.--The Commission shall
review and assess--
(A) the nature, magnitude, and likelihood
of potential electromagnetic pulse (hereafter
in section referred to as ``EMP'') attacks and
similar events, including geomagnetic
disturbances, both manmade and natural, that
could be directed at or affect the United
States within the next 20 years;
(B) the vulnerability of United States
military and civilian systems to EMP attacks
and similar events, including with respect to
emergency preparedness and immediate response;
(C) the capability of the United States to
repair and recover from damage inflicted on
United States military and civilian systems by
EMP attacks and similar events; and
(D) the feasibility and cost of hardening
critical military and civilian systems against
EMP attack and similar events.
(2) Recommendations.--The Commission shall
recommend any actions it believes should be taken by
the United States to better prepare, prevent, mitigate,
or recover military and civilian systems with respect
to EMP attacks and similar events.
(d) Cooperation From Government.--
(1) Cooperation.--In carrying out its duties, the
Commission shall receive the full and timely
cooperation of the Secretary of Defense, the Secretary
of Energy, the Secretary of Homeland Security, and the
pertinent heads of any other Federal agency in
providing the Commission with analysis, briefings, and
other information necessary for the fulfillment of its
responsibilities.
(2) Liaison.--Each Secretary specified in paragraph
(1) shall designate at least one officer or employee of
the respective department of the Secretary to serve as
a liaison officer between the Department and the
Commission.
(e) Report.--
(1) Final report.--
(A) In general.--Not later than April 1,
2019, the Commission shall submit to the
President, the Secretary of Defense, the
Committee on Armed Services of the House of
Representatives, and the Committee on Armed
Services of the Senate a report on the
findings, conclusions, and recommendations of
the Commission.
(B) Form of report.--The report submitted
to Congress under subparagraph (A) shall be
submitted in unclassified form, but may include
a classified annex.
(2) Views of the secretary.--Not later than 90 days
after the submittal of the report under paragraph (1),
the Secretary of Defense shall submit to the Committee
on Armed Services of the House of Representatives and
the Committee on Armed Services of the Senate a report
that contains the views of the Secretary with respect
to the findings, conclusions, and recommendations of
the Commission and any actions the Secretary intends to
take as a result.
(3) Interim briefing.--Not later than October 1,
2018, the Commission shall provide to the Committee on
Armed Services of the House of Representatives and the
Committee on Armed Services of the Senate a briefing on
the status of the activities of the Commission,
including a discussion of any interim recommendations.
(f) Funding.--Of the amounts authorized to be appropriated
by this Act for the Department of Defense, $3,000,000 is
available to fund the activities of the Commission, as
specified in the funding tables in division D.
(g) Application of Federal Advisory Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall apply to
the Commission.
(h) Termination.--The Commission shall terminate on October
1, 2019.
(i) Repeal.--Title XIV of Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (Public Law 106-398) is
repealed.
SEC. 1692. PROTECTION OF CERTAIN FACILITIES AND ASSETS FROM UNMANNED
AIRCRAFT.
Section 130i of title 10, United States Code, is amended to
read as follows:
``Sec. 130i Protection of certain facilities and assets from unmanned
aircraft
``(a) Authority.--Notwithstanding section 46502 of title
49, or any provision of title 18, the Secretary of Defense may
take, and may authorize members of the armed forces and
officers and civilian employees of the Department of Defense
with assigned duties that include safety, security, or
protection of personnel, facilities, or assets, to take, such
actions described in subsection (b)(1) that are necessary to
mitigate the threat (as defined by the Secretary of Defense, in
consultation with the Secretary of Transportation) that an
unmanned aircraft system or unmanned aircraft poses to the
safety or security of a covered facility or asset.
``(b) Actions Described.--(1) The actions described in this
paragraph are the following:
``(A) Detect, identify, monitor, and track the
unmanned aircraft system or unmanned aircraft, without
prior consent, including by means of intercept or other
access of a wire communication, an oral communication,
or an electronic communication used to control the
unmanned aircraft system or unmanned aircraft.
``(B) Warn the operator of the unmanned aircraft
system or unmanned aircraft, including by passive or
active, and direct or indirect physical, electronic,
radio, and electromagnetic means.
``(C) Disrupt control of the unmanned aircraft
system or unmanned aircraft, without prior consent,
including by disabling the unmanned aircraft system or
unmanned aircraft by intercepting, interfering, or
causing interference with wire, oral, electronic, or
radio communications used to control the unmanned
aircraft system or unmanned aircraft.
``(D) Seize or exercise control of the unmanned
aircraft system or unmanned aircraft.
``(E) Seize or otherwise confiscate the unmanned
aircraft system or unmanned aircraft.
``(F) Use reasonable force to disable, damage, or
destroy the unmanned aircraft system or unmanned
aircraft.
``(2) The Secretary of Defense shall develop the actions
described in paragraph (1) in coordination with the Secretary
of Transportation.
``(c) Forfeiture.--Any unmanned aircraft system or unmanned
aircraft described in subsection (a) that is seized by the
Secretary of Defense is subject to forfeiture to the United
States.
``(d) Regulations and Guidance.--(1) The Secretary of
Defense and the Secretary of Transportation may prescribe
regulations and shall issue guidance in the respective areas of
each Secretary to carry out this section.
``(2)(A) The Secretary of Defense and the Secretary of
Transportation shall coordinate in the development of guidance
under paragraph (1).
``(B) The Secretary of Defense shall coordinate with the
Secretary of Transportation and the Administrator of the
Federal Aviation Administration before issuing any guidance or
otherwise implementing this section if such guidance or
implementation might affect aviation safety, civilian aviation
and aerospace operations, aircraft airworthiness, or the use of
airspace.
``(e) Privacy Protection.--The regulations prescribed or
guidance issued under subsection (d) shall ensure that--
``(1) the interception or acquisition of, or access
to, communications to or from an unmanned aircraft
system under this section is conducted in a manner
consistent with the fourth amendment to the
Constitution and applicable provisions of Federal law;
``(2) communications to or from an unmanned
aircraft system are intercepted, acquired, or accessed
only to the extent necessary to support a function of
the Department of Defense;
``(3) records of such communications are not
maintained for more than 180 days unless the Secretary
of Defense determines that maintenance of such
records--
``(A) is necessary to support one or more
functions of the Department of Defense; or
``(B) is required for a longer period to
support a civilian law enforcement agency or by
any other applicable law or regulation; and
``(4) such communications are not disclosed outside
the Department of Defense unless the disclosure--
``(A) would fulfill a function of the
Department of Defense;
``(B) would support a civilian law
enforcement agency or the enforcement
activities of a regulatory agency of the
Federal Government in connection with a
criminal or civil investigation of, or any
regulatory action with regard to, an action
described in subsection (b)(1); or
``(C) is otherwise required by law or
regulation.
``(f) Budget.--The Secretary of Defense shall submit to
Congress, as a part of the defense budget materials for each
fiscal year after fiscal year 2018, a consolidated funding
display that identifies the funding source for the actions
described in subsection (b)(1) within the Department of
Defense. The funding display shall be in unclassified form, but
may contain a classified annex.
``(g) Semiannual Briefings.--(1) On a semiannual basis
during the five-year period beginning March 1, 2018, the
Secretary of Defense and the Secretary of Transportation, shall
jointly provide a briefing to the appropriate congressional
committees on the activities carried out pursuant to this
section. Such briefings shall include--
``(A) policies, programs, and procedures to
mitigate or eliminate impacts of such activities to the
National Airspace System;
``(B) a description of instances where actions
described in subsection (b)(1) have been taken;
``(C) how the Secretaries have informed the public
as to the possible use of authorities under this
section; and
``(D) how the Secretaries have engaged with
Federal, State, and local law enforcement agencies to
implement and use such authorities.
``(2) Each briefing under paragraph (1) shall be in
unclassified form, but may be accompanied by an additional
classified briefing.
``(h) Rule of Construction.--Nothing in this section may be
construed to--
``(1) vest in the Secretary of Defense any
authority of the Secretary of Transportation or the
Administrator of the Federal Aviation Administration
under title 49; and
``(2) vest in the Secretary of Transportation or
the Administrator of the Federal Aviation
Administration any authority of the Secretary of
Defense under this title.
``(i) Partial Termination.--(1) Except as provided by
paragraph (2), the authority to carry out this section with
respect to the covered facilities or assets specified in
clauses (iv) through (viii) of subsection (j)(3) shall
terminate on December 31, 2020.
``(2) The President may extend by 180 days the termination
date specified in paragraph (1) if before November 15, 2020,
the President certifies to Congress that such extension is in
the national security interests of the United States.
``(j) Definitions.--In this section:
``(1) The term `appropriate congressional
committees' means--
``(A) the congressional defense committees;
``(B) the Select Committee on Intelligence,
the Committee on the Judiciary, and the
Committee on Commerce, Science, and
Transportation of the Senate; and
``(C) the Permanent Select Committee on
Intelligence, the Committee on the Judiciary,
and the Committee on Transportation and
Infrastructure of the House of Representatives.
``(2) The term `budget', with respect to a fiscal
year, means the budget for that fiscal year that is
submitted to Congress by the President under section
1105(a) of title 31.
``(3) The term `covered facility or asset' means
any facility or asset that--
``(A) is identified by the Secretary of
Defense, in consultation with the Secretary of
Transportation with respect to potentially
impacted airspace, through a risk-based
assessment for purposes of this section;
``(B) is located in the United States
(including the territories and possessions of
the United States); and
``(C) directly relates to the missions of
the Department of Defense pertaining to--
``(i) nuclear deterrence, including
with respect to nuclear command and
control, integrated tactical warning
and attack assessment, and continuity
of government;
``(ii) missile defense;
``(iii) national security space;
``(iv) assistance in protecting the
President or the Vice President (or
other officer immediately next in order
of succession to the office of the
President) pursuant to the Presidential
Protection Assistance Act of 1976 (18
U.S.C. 3056 note);
``(v) air defense of the United
States, including air sovereignty,
ground-based air defense, and the
National Capital Region integrated air
defense system;
``(vi) combat support agencies (as
defined in paragraphs (1) through (4)
of section 193(f) of this title);
``(vii) special operations
activities specified in paragraphs (1)
through (9) of section 167(k) of this
title;
``(viii) production, storage,
transportation, or decommissioning of
high-yield explosive munitions, by the
Department; or
``(ix) a Major Range and Test
Facility Base (as defined in section
196(i) of this title).
``(4) The term `defense budget materials', with
respect to a fiscal year, means the materials submitted
to Congress by the Secretary of Defense in support of
the budget for that fiscal year.
``(5) The terms `electronic communication',
`intercept', `oral communication', and `wire
communication' have the meanings given those terms in
section 2510 of title 18.
``(6) The terms `unmanned aircraft' and `unmanned
aircraft system' have the meanings given those terms in
section 331 of the FAA Modernization and Reform Act of
2012 (Public Law 112-95; 49 U.S.C. 40101 note).''.
SEC. 1693. CONVENTIONAL PROMPT GLOBAL STRIKE WEAPONS SYSTEM.
(a) Early Operational Capability.--The Secretary of
Defense, in coordination with the Chairman of the Joint Chiefs
of Staff, shall plan to reach early operational capability for
the conventional prompt strike weapon system by not later than
September 30, 2022.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Chairman of the Joint Chiefs of
Staff, in consultation with the Chief of Staff of the Army, the
Commander of the United States European Command, the Commander
of the United States Pacific Command, and the Commander of the
United States Strategic Command, shall submit to the
congressional defense committees a report on the conventional
prompt global strike weapons system with respect to--
(1) the required level of resources that is
consistent with the level of priority assigned to the
associated capability gap;
(2) the estimated period for the delivery of a
medium-range early operational capability, the required
level of resources necessary to field a medium-range
conventional prompt global strike weapon within the
United States (including the territories and
possessions of the United States), or a similar sea-
based system, and a detailed plan consistent with the
urgency of the associated capability gap across
multiple platforms;
(3) the joint performance requirements that--
(A) ensure interoperability, where
appropriate, between and among joint military
capabilities; and
(B) are necessary, as designated by the
Chairman of the Joint Chiefs of Staff, to
fulfill capability gaps of more than one
military department, Defense Agency, or other
element of the Department; and
(4) in coordination with the Secretary of Defense,
any plan (including policy options) considered
appropriate to address any potential risks of ambiguity
from the launch or employment of such a capability.
SEC. 1694. BUSINESS CASE ANALYSIS REGARDING AMMONIUM PERCHLORATE.
(a) In General.--The Secretary of Defense, acting through
the Director of Cost Assessment and Program Evaluation, shall
conduct a business case analysis regarding the options of the
Federal Government to ensure a robust domestic industrial base
to supply ammonium perchlorate for use in solid rocket motors.
Such analysis should include assessments of the near- and long-
term costs, program impacts, opportunities for competition,
opportunities for redundant or complementary capabilities, and
national security implications of--
(1) continuing to rely on one domestic provider;
(2) supporting development of a second domestic
source;
(3) procuring ammonium perchlorate as Government-
furnished material and providing it to all necessary
programs; and
(4) such other options as the Secretary determines
appropriate.
(b) Elements.--The analysis under subsection (a) shall, at
minimum, include--
(1) an estimate of all associated costs, including
development costs, procurement costs, and qualification
and requalification costs (and types of associated
testing for requalification), as applicable;
(2) an assessment of options, under various
scenarios, for the quantity of ammonium perchlorate
that would be required by the Department of Defense;
and
(3) the assessment of the Secretary of how the
requirements for ammonium perchlorate of other Federal
agencies impact the requirements of the Department of
Defense.
(c) Report.--The Secretary shall submit the business case
analysis required by subsection (a) to the Comptroller General
of the United States and the Committees on Armed Services of
the Senate and House of Representatives by March 1, 2018, along
with any views of the Secretary.
(d) Review.--The Comptroller General of the United States
shall conduct a review of the report submitted by the Secretary
under subsection (c) and, not later than 30 days after
receiving such report, provide a briefing on such review to the
Committees on Armed Services of the Senate and House of
Representatives.
SEC. 1695. REPORT ON INDUSTRIAL BASE FOR LARGE SOLID ROCKET MOTORS AND
RELATED TECHNOLOGIES.
(a) Report.--Not later than March 1, 2018, the Secretary of
Defense, in consultation with the Administrator of the National
Aeronautics and Space Administration, shall submit to the
appropriate congressional committees a report on options to
ensure a robust domestic industrial base for large solid rocket
motors, including with respect to the critical technologies,
subsystems, components, and materials within and relating to
such rocket motors.
(b) Matters Included.--The report under subsection (a)
shall include the following:
(1) An assessment of options that would sustain not
less than two domestic suppliers for--
(A) large solid rocket motors;
(B) small liquid-fueled rocket engines;
(C) aeroshells for reentry vehicles (or
reentry bodies);
(D) strategic radiation-hardened
microelectronics; and
(E) any other critical technologies,
subsystems, components, and materials within
and relating to large solid rocket motors that
the Secretary determines appropriate.
(2) With respect to the sustainment of domestic
suppliers as described in paragraph (1), the views of
the Secretary on--
(A) such sustainment of not less than two
domestic suppliers for each item specified in
subparagraphs (A) through (E) of such
paragraph;
(B) the risks within the industrial base
for each such item;
(C) the estimated costs for such
sustainment; and
(D) the opportunities to ensure or promote
competition within the industrial base for each
such item.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the
Permanent Select Committee on Intelligence of the House
of Representatives; and
(2) the Committee on Armed Services of the Senate.
SEC. 1696. PILOT PROGRAM ON ENHANCING INFORMATION SHARING FOR SECURITY
OF SUPPLY CHAIN.
(a) Establishment.--Not later than June 1, 2019, the
Secretary of Defense shall establish a pilot program to enhance
information sharing with cleared defense contractors to ensure
all source information is appropriately, singularly, and
exclusively shared for the purpose of ensuring the security or
integrity of the supply chain of covered programs.
(b) Selection.--The Secretary shall select not more than 10
acquisition or sustainment programs of the Department of
Defense to participate in the pilot program under subsection
(a), of which--
(1) not fewer than one program shall be related to
nuclear weapons;
(2) not fewer than one program shall be related to
nuclear command, control, and communications;
(3) not fewer than one program shall be related to
continuity of government;
(4) not fewer than one program shall be related to
ballistic missile defense;
(5) not fewer than one program shall be related to
other command and control systems; and
(6) not fewer than one program shall be related to
space systems.
(c) Report.--Not later than March 1, 2018, the Secretary
shall submit to the congressional defense committees a report
that includes--
(1) details on how the Secretary will establish the
pilot program under subsection (a) to ensure all source
information is appropriately, singularly, and
exclusively shared for the purpose of ensuring the
security or integrity of the supply chain of covered
programs;
(2) details of any personnel, funding, or statutory
constraints in carrying out the pilot program; and
(3) the identification of any legislative action or
administrative action required to provide the Secretary
with specific additional authorities required to fully
implement the pilot program.
(d) Cleared Defense Contractors Defined.--In this section,
the term ``cleared defense contractors'' means contractors of
the Department of Defense who have a security clearance,
including contractor facilities that have a security clearance.
SEC. 1697. PILOT PROGRAM ON ELECTROMAGNETIC SPECTRUM MAPPING.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense may
establish a pilot program to assess the viability of mapping
the electromagnetic spectrum used by the Department of Defense.
(b) Duration.--The authority of the Secretary to carry out
the pilot program under subsection (a) shall terminate on the
date that is one year after the date of the enactment of this
Act.
(c) Interim Briefing.--Not later than 60 days after the
date of enactment of this Act, the Secretary of Defense shall
provide a briefing to the Committees on Armed Services of the
House of Representatives and the Senate (and to any other
congressional defense committee upon request) demonstrating how
the Secretary plans to implement the pilot program under
subsection (a).
(d) Final Briefing.--Not later than 90 days after the pilot
program under subsection (a) is completed, the Secretary shall
provide a briefing to the Committees on Armed Services of the
House of Representatives and the Senate (and to any other
congressional defense committee upon request) on the utility,
cost, and other considerations regarding the mapping of the
electromagnetic spectrum used by the Department of Defense.
SEC. 1698. USE OF COMMERCIAL ITEMS IN DISTRIBUTED COMMON GROUND
SYSTEMS.
(a) In General.--The procurement process for each covered
Distributed Common Ground System shall be carried out in
accordance with section 2377 of title 10, United States Code.
(b) Certification.--Not later than 30 days after the date
of the enactment of this Act, the service acquisition executive
responsible for each covered Distributed Common Ground System
shall certify to the appropriate congressional committees that
the procurement process for increments of the system procured
after the date of the enactment of this Act will be carried out
in accordance with section 2377 of title 10, United States
Code.
(c) Definitions.--In this section:
(1) The term ``appropriate congressional
committees'' means--
(A) the congressional defense committees;
and
(B) the Select Committee on Intelligence of
the Senate and the Permanent Select Committee
on Intelligence of the House of
Representatives.
(2) The term ``covered Distributed Common Ground
System'' includes the following:
(A) The Distributed Common Ground System of
the Army.
(B) The Distributed Common Ground System of
the Navy.
(C) The Distributed Common Ground System of
the Marine Corps.
(D) The Distributed Common Ground System of
the Air Force.
(E) The Distributed Common Ground System of
the Special Operations Forces.
TITLE XVII--SMALL BUSINESS PROCUREMENT AND INDUSTRIAL BASE MATTERS
Sec. 1701. Amendments to HUBZone provisions of the Small Business Act.
Sec. 1702. Uniformity in procurement terminology.
Sec. 1703. Improving reporting on small business goals.
Sec. 1704. Responsibilities of Business Opportunity Specialists.
Sec. 1705. Responsibilities of commercial market representatives.
Sec. 1706. Modification of past performance pilot program to include
consideration of past performance with allies of the United
States.
Sec. 1707. Notice of cost-free Federal procurement technical assistance
in connection with registration of small business concerns on
procurement websites of the Department of Defense.
Sec. 1708. Inclusion of SBIR and STTR programs in technical assistance.
Sec. 1709. Requirements relating to competitive procedures and
justification for awards under the SBIR and STTR programs.
Sec. 1710. Pilot program for streamlined technology transition from the
SBIR and STTR programs of the Department of Defense.
Sec. 1711. Pilot program on strengthening manufacturing in the defense
industrial base.
Sec. 1712. Review regarding applicability of foreign ownership, control,
or influence requirements of National Industrial Security
Program to national technology and industrial base companies.
Sec. 1713. Report on sourcing of tungsten and tungsten powders from
domestic producers.
Sec. 1714. Report on utilization of small business concerns for Federal
contracts.
SEC. 1701. AMENDMENTS TO HUBZONE PROVISIONS OF THE SMALL BUSINESS ACT.
(a) Transfer of HUBZone Definitions.--
(1) Redesignation.--Section 31 of the Small
Business Act (15 U.S.C. 657a) is amended by
redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively.
(2) Transfer.--Subsection (p) of section 3 of the
Small Business Act (15 U.S.C. 632(p)) is transferred to
section 31 of the Small Business Act (15 U.S.C. 657a),
inserted so as to appear after subsection (a), and
redesignated as subsection (b), and is amended--
(A) by striking ``In this Act:'' and
inserting ``In this section:'';
(B) in paragraph (1)--
(i) by striking ``term'' and
inserting ``terms''; and
(ii) by striking ``means'' and
inserting ``or `HUBZone' mean''; and
(C) by striking paragraph (2) (and
redesignating subsequent paragraphs
accordingly).
(3) Definition of qualified hubzone small business
concern.--Section 3 of the Small Business Act (15
U.S.C. 632), as amended by paragraph (2), is further
amended by inserting after subsection (o) the following
new subsection (p):
``(p) Qualified HUBZone Small Business Concern.--In this
Act, the term `qualified HUBZone small business concern' has
the meaning given such term in section 31(b).''.
(4) Conforming amendments.--
(A) Mentor-protege program.--Section
831(n)(2)(G) of the National Defense
Authorization Act for Fiscal Year 1991 (Public
Law 101-510; 104 Stat. 1607; 10 U.S.C. 2302
note) is amended by striking ``section 3(p) of
the Small Business Act (15 U.S.C. 632(p))'' and
inserting ``section 31(b) of the Small Business
Act''.
(B) Title 10.--Section 2323 of title 10,
United States Code, is amended by striking
``section 3(p) of the Small Business Act'' each
place it appears and inserting ``section 31(b)
of the Small Business Act''.
(C) Small business act.--Section 8(d)(3)(G)
of the Small Business Act (15 U.S.C.
637(d)(3)(G)) is amended by striking ``section
3(p) of the Small Business Act'' and inserting
``section 31(b)''.
(D) Comprehensive small business
subcontracting plans.--Section 834 of the
National Defense Authorization Act for Fiscal
Years 1990 and 1991 (15 U.S.C. 637 note) is
amended by striking ``section 3(p)(5) of such
Act (15 U.S.C. 632(p)(5))'' and inserting
``section 31(b) of such Act''.
(E) Contracts for collection services.--
Section 3718 of title 31, United States Code,
is amended by striking ``section 3(p) of the
Small Business Act'' each place it appears and
inserting ``section 31(b) of the Small Business
Act''.
(F) Title 41.--Title 41, United States
Code, is amended--
(i) in section 1122, by striking
``section 3(p) of the Small Business
Act (15 U.S.C. 632(p))'' each place it
appears and inserting ``section 31(b)
of the Small Business Act''; and
(ii) in section 1713, by striking
``section 3(p) of the Small Business
Act (15 U.S.C. 632(p))'' and inserting
``section 31(b) of the Small Business
Act''.
(G) Title 49.--Title 49, United States
Code, is amended--
(i) in section 47107, by striking
``section 3(p) of the Small Business
Act'' each place it appears and
inserting ``section 31(b) of the Small
Business Act''; and
(ii) in section 47113(a)(3), by
striking ``section 3(p) of the Small
Business Act (15 U.S.C. 632(o))'' and
inserting ``section 31(b) of the Small
Business Act''.
(b) Amendments to Definitions of Qualified Census Tract and
Qualified Nonmetropolitan County.--
(1) In general.--Paragraph (3) of section 31(b) of
the Small Business Act (as transferred and redesignated
by subsection (a)) is amended--
(A) in subparagraph (A)--
(i) by amending clause (i) to read
as follows:
``(i) In general.--The term
`qualified census tract' means a census
tract that is covered by the definition
of `qualified census tract' in section
42(d)(5)(B)(ii) of the Internal Revenue
Code of 1986 and that is reflected in
an online tool prepared by the
Administrator described under
subsection (d)(7).''; and
(ii) in clause (ii), by inserting
``and that is reflected in the online
tool described under clause (i)'' after
``such section''; and
(B) in subparagraph (B)--
(i) in the matter preceding clause
(i), by inserting ``that is reflected
in the online tool described under
subparagraph (A)(i) and'' after ``any
county''; and
(ii) in clause (ii)--
(I) in subclause (I), by
striking ``nonmetropolitan'';
and
(II) by striking ``the most
recent data available'' each
place it appears and inserting
``a 5-year average of the
available data''.
(2) Technical amendments.--Paragraph (3)(B) of
section 31(b) of the Small Business Act (as transferred
and redesignated by subsection (a)), as amended by
paragraph (1), is further amended--
(A) in clause (i), by striking ``section
42(d)(5)(C)(ii) of the Internal Revenue Code of
1986'' and inserting ``section 42(d)(5)(B)(ii)
of the Internal Revenue Code of 1986''; and
(B) in clause (ii)(III), by striking
``section 42(d)(5)(C)(iii) of the Internal
Revenue Code of 1986'' and inserting ``section
42(d)(5)(B)(iii) of the Internal Revenue Code
of 1986''.
(c) Amendments to Definitions of Base Closure Area and
Qualified Disaster Area.--Paragraph (3) of section 31(b) of the
Small Business Act (as transferred and redesignated by
subsection (a)), as amended by subsection (b), is further
amended--
(1) by amending clause (ii) of subparagraph (D) to
read as follows:
``(ii) Limitation.--A census tract
or nonmetropolitan county described in
clause (i) shall be considered to be a
base closure area for a period
beginning on the date on which the
Administrator designates such census
tract or nonmetropolitan county as a
base closure area and ending on the
date on which the base closure area
ceases to be a qualified census tract
under subparagraph (A) or a qualified
nonmetropolitan county under
subparagraph (B) in accordance with the
online tool prepared by the
Administrator described under
subsection (d)(7), except that such
period may not be less than 8 years.'';
and
(2) by amending subparagraph (E) to read as
follows:
``(E) Qualified disaster area.--
``(i) In general.--Subject to
clause (ii), the term `qualified
disaster area' means any census tract
or nonmetropolitan county located in an
area where a major disaster has
occurred or an area in which a
catastrophic incident has occurred if
such census tract or nonmetropolitan
county ceased to be qualified under
subparagraph (A) or (B), as applicable,
during the period beginning 5 years
before the date on which the President
declared the major disaster or the
catastrophic incident occurred.
``(ii) Duration.--A census tract or
nonmetropolitan county shall be
considered to be a qualified disaster
area under clause (i) only for the
period of time ending on the date the
area ceases to be a qualified census
tract under subparagraph (A) or a
qualified nonmetropolitan county under
subparagraph (B), in accordance with
the online tool prepared by the
Administrator described under
subsection (d)(7) and beginning--
``(I) in the case of a
major disaster, on the date on
which the President declared
the major disaster for the area
in which the census tract or
nonmetropolitan county, as
applicable, is located; or
``(II) in the case of a
catastrophic incident, on the
date on which the catastrophic
incident occurred in the area
in which the census tract or
nonmetropolitan county, as
applicable, is located.
``(iii) Definitions.--In this
subparagraph:
``(I) Major disaster.--The
term `major disaster' means a
major disaster declared by the
President under section 401 of
the Robert T. Stafford Disaster
Relief and Emergency Assistance
Act (42 U.S.C. 5170).
``(II) Other definitions.--
The terms `census tract' and
`nonmetropolitan county' have
the meanings given such terms
in subparagraph (D)(iii).''.
(d) Amendment to Definition of Redesignated Areas.--
Paragraph (3) of section 31(b) of the Small Business Act (as
transferred and redesignated by subsection (a)), as amended by
subsection (c), is further amended by amending subparagraph (C)
to read as follows:
``(C) Redesignated area.--The term
`redesignated area' means any census tract that
ceases to be qualified under subparagraph (A)
and any nonmetropolitan county that ceases to
be qualified under subparagraph (B) for a
period of 3 years after the date on which the
census tract or nonmetropolitan county ceased
to be so qualified.''.
(e) Governor-Designated Covered Area.--Section 31(b) of the
Small Business Act (as transferred and redesignated by
subsection (a)), is amended--
(1) in paragraph (1)--
(A) in subparagraph (E), by striking ``or''
at the end;
(B) in subparagraph (F), by striking the
period at the end and inserting ``; or''; and
(C) by inserting after subparagraph (F) the
following new subparagraph:
``(G) a Governor-designated covered
area.'';
(2) in paragraph (3) (as amended by subsection
(c)), by adding at the end the following new
subparagraph:
``(F) Governor-designated covered area.--
``(i) In general.--A `Governor-
designated covered area' means a
covered area that the Administrator has
designated by approving a petition
described under clause (ii).
``(ii) Petition.--For a covered
area to receive a designation as a
Governor-designated covered area, the
Governor of the State in which the
covered area is wholly contained shall
include such covered area in a petition
to the Administrator requesting such a
designation. In reviewing a request for
designation included in such a
petition, the Administrator may
consider--
``(I) the potential for job
creation and investment in the
covered area;
``(II) the demonstrated
interest of small business
concerns in the covered area to
be designated as a Governor-
designated covered area;
``(III) how State and local
government officials have
incorporated the covered area
into an economic development
strategy; and
``(IV) if the covered area
was a HUBZone before becoming
the subject of the petition,
the impact on the covered area
if the Administrator did not
approve the petition.
``(iii) Limitations.--Each calendar
year, a Governor may submit not more
than 1 petition described under clause
(ii). Such petition shall include all
covered areas in a State for which the
Governor seeks designation as a
Governor-designated covered area,
except that the total number of covered
areas included in such petition may not
exceed 10 percent of the total number
of covered areas in the State.
``(iv) Certification.--If the
Administrator grants a petition
described under clause (ii), the
Governor of the Governor-designated
covered area shall, not less frequently
than annually, submit data to the
Administrator certifying that each
Governor-designated covered area
continues to meet the requirements of
clause (v)(I).
``(v) Definitions.--In this
subparagraph:
``(I) Covered area.--The
term `covered area' means an
area in a State--
``(aa) that is
located outside of an
urbanized area, as
determined by the
Bureau of the Census;
``(bb) with a
population of not more
than 50,000; and
``(cc) for which
the average
unemployment rate 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.
``(II) Governor.--The term
`Governor' means the chief
executive of a State.
``(III) State.--The term
`State' means each of the
several States, the District of
Columbia, the Commonwealth of
Puerto Rico, the United States
Virgin Islands, Guam, the
Commonwealth of the Northern
Mariana Islands, and American
Samoa.''.
(f) Repeal of 5-Year Limitation on HUBZone Status of Base
Closure Areas.--Section 152(a) of title I of division K of the
Consolidated Appropriations Act, 2005 (15 U.S.C. 632 note) is
amended by repealing paragraph (2).
(g) Amendment to Definition of Qualified HUBZone Small
Business Concern.--Paragraph (4) of section 31(b) of the Small
Business Act (as transferred and redesignated by subsection
(a)) is amended to read as follows:
``(4) Qualified hubzone small business concern.--
The term `qualified HUBZone small business concern'
means a HUBZone small business concern that has been
certified by the Administrator in accordance with the
procedures described in this section.''.
(h) Amendments to HUBZone Program.--
(1) Clarifications to eligibility for hubzone
program.--Section 31(d) of the Small Business Act, as
redesignated by subsection (a), is amended to read as
follows:
``(d) Eligibility Requirements; Enforcement.--
``(1) Certification.--In order to be eligible for
certification by the Administrator as a qualified
HUBZone small business concern, a HUBZone small
business concern shall submit documentation to the
Administrator stating that--
``(A) at the time of certification and at
each examination conducted pursuant to
paragraph (4), the principal office of the
concern is located in a HUBZone and not fewer
than 35 percent of its employees reside in a
HUBZone;
``(B) the concern will attempt to maintain
the applicable employment percentage under
subparagraph (A) during the performance of any
contract awarded to such concern on the basis
of a preference provided under subsection (c);
and
``(C) the concern will ensure that the
requirements of section 46 are satisfied with
respect to any subcontract entered into by such
concern pursuant to a contract awarded under
this section.
``(2) Verification.--In carrying out this section,
the Administrator shall establish procedures relating
to--
``(A) the filing, investigation, and
disposition by the Administration of any
challenge to the eligibility of a HUBZone small
business concern to receive assistance under
this section (including a challenge, filed by
an interested party, relating to the veracity
of documentation provided to the Administration
by such a concern under paragraph (1)); and
``(B) verification by the Administrator of
the accuracy of any documentation provided by a
HUBZone small business concern under paragraph
(1).
``(3) Timing.--The Administrator shall verify the
eligibility of a HUBZone small business concern using
the procedures described in paragraph (2) within a
reasonable time and not later than 60 days after the
date on which the Administrator receives sufficient and
complete documentation from a HUBZone small business
concern under paragraph (1).
``(4) Recertification.--Not later than 3 years
after the date that such HUBZone small business concern
was certified as a qualified HUBZone small business
concern, and every 3 years thereafter, the
Administrator shall verify the accuracy of any
documentation provided by a HUBZone small business
concern under paragraph (1) to determine if such
HUBZone small business concern remains a qualified
HUBZone small business concern.
``(5) Examinations.--The Administrator shall
conduct program examinations of qualified HUBZone small
business concerns, using a risk-based analysis to
select which concerns are examined, to ensure that any
concern examined meets the requirements of paragraph
(1).
``(6) Loss of certification.--A HUBZone small
business concern that, based on the results of an
examination conducted pursuant to paragraph (5) no
longer meets the requirements of paragraph (1), shall
have 30 days to submit documentation to the
Administrator to be eligible to be certified as a
qualified HUBZone small business concern. During the
30-day period, such concern may not compete for or be
awarded a contract under this section. If such concern
fails to meet the requirements of paragraph (1) by the
last day of the 30-day period, the Administrator shall
not certify such concern as a qualified HUBZone small
business concern.
``(7) Hubzone online tool.--
``(A) In general.--The Administrator shall
develop a publicly accessible online tool that
depicts HUBZones. Such online tool shall be
updated--
``(i) with respect to HUBZones
described under subparagraphs (A) and
(B) of subsection (b)(3), beginning on
January 1, 2020, and every 5 years
thereafter;
``(ii) with respect to a HUBZone
described under subsection (b)(3)(C),
immediately after the area becomes, or
ceases to be, a redesignated area; and
``(iii) with respect to HUBZones
described under subparagraphs (D), (E),
and (F) of subsection (b)(3),
immediately after an area is designated
as a base closure area, qualified
disaster area, or Governor-designated
covered area, respectively.
``(B) Data.--The online tool required under
subparagraph (A) shall clearly and
conspicuously provide access to the data used
by the Administrator to determine whether or
not an area is a HUBZone in the year in which
the online tool was prepared.
``(C) Notification of update.--The
Administrator shall include in the online tool
a notification of the date on which the online
tool, and the data used to create the online
tool, will be updated.
``(8) List of qualified hubzone small business
concerns.--The Administrator shall establish and
publicly maintain on the internet a list of qualified
HUBZone small business concerns that shall--
``(A) to the extent practicable, include
the name, address, and type of business with
respect to such concern;
``(B) be updated by the Administrator not
less than annually; and
``(C) be provided upon request to any
Federal agency or other entity.
``(9) Provision of data.--Upon the request of the
Administrator, the Secretary of Labor, the
Administrator of the Federal Emergency Management
Agency, the Secretary of Housing and Urban Development,
and the Secretary of the Interior (or the Assistant
Secretary for Indian Affairs), shall promptly provide
to the Administrator such information as the
Administrator determines to be necessary to carry out
this subsection.
``(10) Penalties.--In addition to the penalties
described in section 16(d), any small business concern
that is determined by the Administrator to have
misrepresented the status of that concern as a
`qualified HUBZone small business concern' for purposes
of this section shall be subject to liability for
fraud, including section 1001 of title 18, United
States Code, and sections 3729 through 3733 of title
31, United States Code.''.
(2) Performance metrics.--Section 31 of the Small
Business Act (15 U.S.C. 657a) is amended--
(A) in subsection (a)--
(i) by inserting ``(to be known as
the HUBZone program)'' after
``program''; and
(ii) by inserting ``, including
promoting economic development in
economically distressed areas (as
defined in section 7(m)(11)),'' after
``assistance'';
(B) by redesignating subsection (e) (as
redesignated by subsection (a)) as subsection
(f); and
(C) by inserting after subsection (d) the
following new subsection:
``(e) Performance Metrics.--
``(1) In general.--Not later than 1 year after the
date of the enactment of this subsection, the
Administrator shall publish performance metrics
designed to measure the success of the HUBZone program
established under this section in meeting the program's
objective of promoting economic development in
economically distressed areas (as defined in section
7(m)(11)).
``(2) Collecting and managing hubzone data.--The
Administrator shall develop processes to incentivize
each regional office of the Administration to collect
and manage data on HUBZones within the geographic area
served by such regional office.
``(3) Report.--Not later than 90 days after the
last day of each fiscal year, the Administrator shall
submit to the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on
Small Business of the House of Representatives a report
analyzing the data from the performance metrics
established under this subsection and including--
``(A) the number of HUBZone small business
concerns that lost certification as a qualified
HUBZone small business concern because of the
results of an examination performed under
subsection (d)(5); and
``(B) the number of those concerns that did
not submit documentation to be recertified
under subsection (d)(6).''.
(3) Authorization of appropriations.--Section 31(f)
of the Small Business Act, as redesignated by paragraph
(2), is amended by striking ``fiscal years 2004 through
2006'' and inserting ``fiscal years 2020 through
2025''.
(i) Current Qualified HUBZone Small Business Concerns.--A
HUBZone small business concern that was qualified pursuant to
section 3(p)(5) of the Small Business Act on or before December
31, 2019, shall continue to be considered as a qualified
HUBZone small business concern during the period beginning on
January 1, 2020, and ending on the date that the Administrator
of the Small Business Administration prepares the online tool
depicting qualified areas described under section 31(d)(7) (as
added by subsection (h) of this section).
(j) Effective Date.--The provisions of this section shall
take effect--
(1) with respect to subsection (i), on the date of
the enactment of this section; and
(2) with respect to subsections (a) through (h), on
January 1, 2020.
SEC. 1702. UNIFORMITY IN PROCUREMENT TERMINOLOGY.
(a) In General.--Section 15(j)(1) of the Small Business Act
(15 U.S.C. 644(j)(1)) is amended by striking ``greater than
$2,500 but not greater than $100,000'' and inserting ``greater
than the micro-purchase threshold, but not greater than the
simplified acquisition threshold''.
(b) Amendment to Contracting Definitions.--Section 3(m) of
the Small Business Act (15 U.S.C. 632(m)) is amended to read as
follows:
``(m) Definitions Relating to Contracting.--In this Act:
``(1) Prime contract.--The term `prime contract'
has the meaning given such term in section 8701(4) of
title 41, United States Code.
``(2) Prime contractor.--The term `prime
contractor' has the meaning given such term in section
8701(5) of title 41, United States Code.
``(3) Simplified acquisition threshold.--The term
`simplified acquisition threshold' has the meaning
given such term in section 134 of title 41, United
States Code.
``(4) Micro-purchase threshold.--The term `micro-
purchase threshold' has the meaning given such term in
section 1902 of title 41, United States Code.
``(5) Total purchases and contracts for property
and services.--The term `total purchases and contracts
for property and services' shall mean total number and
total dollar amount of contracts and orders for
property and services.''.
(c) Conforming Amendment.--Section 15(a)(1)(C) of the Small
Business Act (15 U.S.C. 644(a)(1)(C)) is amended by striking
``total purchase and contracts for goods and services'' and
inserting ``total purchases and contracts for goods and
services''.
SEC. 1703. IMPROVING REPORTING ON SMALL BUSINESS GOALS.
(a) In General.--Section 15(h)(2)(E) of the Small Business
Act (15 U.S.C. 644(h)(2)(E)) is amended--
(1) in clause (i)--
(A) in subclause (III), by striking ``and''
at the end; and
(B) by adding at the end the following new
subclauses:
``(V) that were purchased
by another entity after the
initial contract was awarded
and as a result of the
purchase, would no longer be
deemed to be small business
concerns for purposes of the
initial contract; and
``(VI) that were awarded
using a procurement method that
restricted competition to small
business concerns owned and
controlled by service-disabled
veterans, qualified HUBZone
small business concerns, small
business concerns owned and
controlled by socially and
economically disadvantaged
individuals, small business
concerns owned and controlled
by women, or a subset of any
such concerns;'';
(2) in clause (ii)--
(A) in subclause (IV), by striking ``and''
at the end; and
(B) by adding at the end the following new
subclauses:
``(VI) that were purchased
by another entity after the
initial contract was awarded
and as a result of the
purchase, would no longer be
deemed to be small business
concerns owned and controlled
by service-disabled veterans
for purposes of the initial
contract; and
``(VII) that were awarded
using a procurement method that
restricted competition to
qualified HUBZone small
business concerns, small
business concerns owned and
controlled by socially and
economically disadvantaged
individuals, small business
concerns owned and controlled
by women, or a subset of any
such concerns;'';
(3) in clause (iii)--
(A) in subclause (V), by striking ``and''
at the end; and
(B) by adding at the end the following new
subclauses:
``(VII) that were purchased
by another entity after the
initial contract was awarded
and as a result of the
purchase, would no longer be
deemed to be qualified HUBZone
small business concerns for
purposes of the initial
contract; and
``(VIII) that were awarded
using a procurement method that
restricted competition to small
business concerns owned and
controlled by service-disabled
veterans, small business
concerns owned and controlled
by socially and economically
disadvantaged individuals,
small business concerns owned
and controlled by women, or a
subset of any such concerns;'';
(4) in clause (iv)--
(A) in subclause (V), by striking ``and''
at the end; and
(B) by adding at the end the following new
subclauses:
``(VII) that were purchased
by another entity after the
initial contract was awarded
and as a result of the
purchase, would no longer be
deemed to be small business
concerns owned and controlled
by socially and economically
disadvantaged individuals for
purposes of the initial
contract; and
``(VIII) that were awarded
using a procurement method that
restricted competition to small
business concerns owned and
controlled by service-disabled
veterans, qualified HUBZone
small business concerns, small
business concerns owned and
controlled by women, or a
subset of any such concerns;'';
(5) in clause (v)--
(A) in subclause (IV), by striking ``and''
at the end;
(B) in subclause (V), by inserting ``and''
at the end; and
(C) by adding at the end the following new
subclause:
``(VI) that were purchased
by another entity after the
initial contract was awarded
and as a result of the
purchase, would no longer be
deemed to be small business
concerns owned by an Indian
tribe other than an Alaska
Native Corporation for purposes
of the initial contract;'';
(6) in clause (vi)--
(A) in subclause (IV), by striking ``and''
at the end;
(B) in subclause (V), by inserting ``and''
at the end; and
(C) by adding at the end the following new
subclause:
``(VI) that were purchased
by another entity after the
initial contract was awarded
and as a result of the
purchase, would no longer be
deemed to be small business
concerns owned by a Native
Hawaiian Organization for
purposes of the initial
contract;'';
(7) in clause (vii)--
(A) in subclause (IV), by striking ``and''
at the end; and
(B) by adding at the end the following new
subclause:
``(VI) that were purchased
by another entity after the
initial contract was awarded
and as a result of the
purchase, would no longer be
deemed to be small business
concerns owned by an Alaska
Native Corporation for purposes
of the initial contract; and'';
and
(8) in clause (viii)--
(A) in subclause (VII), by striking ``and''
at the end;
(B) in subclause (VIII), by striking
``and'' at the end; and
(C) by adding at the end the following new
subclauses:
``(IX) that were purchased
by another entity after the
initial contract was awarded
and as a result of the
purchase, would no longer be
deemed to be small business
concerns owned and controlled
by women for purposes of the
initial contract; and
``(X) that were awarded
using a procurement method that
restricted competition to small
business concerns owned and
controlled by service-disabled
veterans, qualified HUBZone
small business concerns, small
business concerns owned and
controlled by socially and
economically disadvantaged
individuals, or a subset of any
such concerns; and''.
(b) Effective Date.--The Administrator of the Small
Business Administration shall be required to report on the
information required by clauses (i)(V), (ii)(VI), (iii)(VII),
(iv)(VII), (v)(VI), (vi)(VI), (vii)(VI), and (viii)(IX) of
section 15(h)(2)(E) of the Small Business Act (15 U.S.C.
644(h)(2)(E)) beginning on the date that such information is
available in the Federal Procurement Data System, the System
for Award Management, or any new or successor system.
SEC. 1704. RESPONSIBILITIES OF BUSINESS OPPORTUNITY SPECIALISTS.
Section 4(g) of the Small Business Act (15 U.S.C. 633(g))
is amended to read as follows:
``(g) Business Opportunity Specialists.--
``(1) Duties.--The exclusive duties of a Business
Opportunity Specialist employed by the Administrator
and reporting to the senior official appointed by the
Administrator with responsibilities under sections 8,
15, 31, and 36 (or the designee of such official) shall
be to implement sections 7, 8, and 45 and to complete
other duties related to contracting programs under this
Act. Such duties shall include--
``(A) with respect to small business
concerns eligible to receive contracts and
subcontracts pursuant to section 8(a)--
``(i) providing guidance,
counseling, and referrals for
assistance with technical, management,
financial, or other matters that will
improve the competitive viability of
such concerns;
``(ii) identifying causes of
success or failure of such concerns;
``(iii) providing comprehensive
assessments of such concerns, including
identifying the strengths and
weaknesses of such concerns;
``(iv) monitoring and documenting
compliance with the requirements of
sections 7 and 8 and any regulations
implementing those sections;
``(v) explaining the requirements
of sections 7, 8, 15, 31, 36, and 45;
and
``(vi) advising on compliance with
contracting regulations (including the
Federal Acquisition Regulation) after
award of such a contract or
subcontract;
``(B) reviewing and monitoring compliance
with mentor-protege agreements under section
45;
``(C) representing the interests of the
Administrator and small business concerns in
the award, modification, and administration of
contracts and subcontracts awarded pursuant to
section 8(a); and
``(D) reporting fraud or abuse under
section 7, 8, 15, 31, 36, or 45 or any
regulations implementing such sections.
``(2) Certification requirements.--
``(A) In general.--Consistent with the
requirements of subparagraph (B), a Business
Opportunity Specialist described under section
7(j)(10)(D) shall have a Level I Federal
Acquisition Certification in Contracting (or
any successor certification) or the equivalent
Department of Defense certification.
``(B) Delay of certification requirement.--
The certification described in subparagraph (A)
is not required--
``(i) for any person serving as a
Business Opportunity Specialist on the
date of the enactment of this
subsection, until the date that is one
calendar year after the date such
person was appointed as a Business
Opportunity Specialist; or
``(ii) for any person serving as a
Business Opportunity Specialist on or
before January 3, 2013, until January
3, 2020.
``(3) Job posting requirements.--The duties and
certification requirements described in this subsection
shall be included in any initial job posting for the
position of a Business Opportunity Specialist.''.
SEC. 1705. RESPONSIBILITIES OF COMMERCIAL MARKET REPRESENTATIVES.
Section 4(h) of the Small Business Act (15 U.S.C. 633(h))
is amended to read as follows:
``(h) Commercial Market Representatives.--
``(1) Duties.--The principal duties of a commercial
market representative employed by the Administrator and
reporting to the senior official appointed by the
Administrator with responsibilities under sections 8,
15, 31, and 36 (or the designee of the official) shall
be to advance the policies established in section
8(d)(1) relating to subcontracting, including--
``(A) helping prime contractors to find
small business concerns that are capable of
performing subcontracts;
``(B) for contractors awarded contracts
containing the clause described in section
8(d)(3), providing--
``(i) counseling on the
responsibility of the contractor to
maximize subcontracting opportunities
for small business concerns;
``(ii) instruction on methods and
tools to identify potential
subcontractors that are small business
concerns; and
``(iii) assistance to increase
awards to subcontractors that are small
business concerns through visits,
training, and reviews of past
performance;
``(C) providing counseling on how a small
business concern may promote the capacity of
the small business concern to contractors
awarded contracts containing the clause
described in section 8(d)(3); and
``(D) conducting periodic reviews of
contractors awarded contracts containing the
clause described in section 8(d)(3) to assess
compliance with subcontracting plans required
under section 8(d)(6).
``(2) Certification requirements.--
``(A) In general.--Consistent with the
requirements of subparagraph (B), a commercial
market representative referred to in section
15(q)(3) shall have a Level I Federal
Acquisition Certification in Contracting (or
any successor certification) or the equivalent
Department of Defense certification.
``(B) Delay of certification requirement.--
The certification described in subparagraph (A)
is not required--
``(i) for any person serving as a
commercial market representative on the
date of enactment of this subsection,
until the date that is one calendar
year after the date on which the person
was appointed as a commercial market
representative; or
``(ii) for any person serving as a
commercial market representative on or
before November 25, 2015, until
November 25, 2020.
``(3) Job posting requirements.--The duties and
certification requirements described in this subsection
shall be included in any initial job posting for the
position of a commercial market representative.''.
SEC. 1706. MODIFICATION OF PAST PERFORMANCE PILOT PROGRAM TO INCLUDE
CONSIDERATION OF PAST PERFORMANCE WITH ALLIES OF
THE UNITED STATES.
(a) In General.--Section 8(d)(17) of the Small Business Act
(15 U.S.C. 637(d)(17)) is amended--
(1) in subparagraph (G)--
(A) in clause (i), by inserting ``and, set
forth separately, the number of small business
exporters,'' after ``small business concerns'';
and
(B) in clause (ii), by inserting ``, set
forth separately by applications from small
business concerns and from small business
exporters,'' after ``applications''; and
(2) by amending subparagraph (H) to read as
follows:
``(H) Definitions.--In this paragraph--
``(i) the term `appropriate official'
means--
``(I) a commercial market
representative;
``(II) another individual
designated by the senior official
appointed by the Administrator with
responsibilities under sections 8, 15,
31, and 36; or
``(III) the Office of Small and
Disadvantaged Business Utilization of a
Federal agency, if the head of the
Federal agency and the Administrator
agree;
``(ii) the term `defense item' has the
meaning given that term in section 38(j)(4)(A)
of the Arms Export Control Act (22 U.S.C.
2778(j)(4)(A));
``(iii) the term `major non-NATO ally'
means a country designated as a major non-NATO
ally under section 517 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321k);
``(iv) the term `past performance' includes
performance of a contract for a sale of defense
items (under section 38 of the Arms Export
Control Act (22 U.S.C. 2778)) to the government
of a member nation of North Atlantic Treaty
Organization, the government of a major non-
NATO ally, or the government of a country with
which the United States has a defense
cooperation agreement (as certified by the
Secretary of State); and
``(v) the term `small business exporter'
means a small business concern that exports
defense items under section 38 of the Arms
Export Control Act (22 U.S.C. 2778) to the
government of a member nation of the North
Atlantic Treaty Organization, the government of
a major non-NATO ally, or the government of a
country with which the United States has a
defense cooperation agreement (as certified by
the Secretary of State).''.
(b) Technical Amendment.--Section 8(d)(17)(A) of the Small
Business Act (15 U.S.C. 637(d)(17)(A)) is amended by striking
``paragraph 13(A)'' and inserting ``paragraph (13)(A)''.
SEC. 1707. NOTICE OF COST-FREE FEDERAL PROCUREMENT TECHNICAL ASSISTANCE
IN CONNECTION WITH REGISTRATION OF SMALL BUSINESS
CONCERNS ON PROCUREMENT WEBSITES OF THE DEPARTMENT
OF DEFENSE.
(a) In General.--The Secretary of Defense shall establish
procedures to ensure that any notice or direct communication
regarding the registration of a small business concern on a
website maintained by the Department of Defense relating to
contracting opportunities contains information about cost-free
Federal procurement technical assistance services that are
available through a procurement technical assistance program
established under chapter 142 of title 10, United States Code.
(b) Small Business Concern Defined.--The term ``small
business concern'' has the meaning given such term under
section 3 of the Small Business Act (15 U.S.C. 632).
SEC. 1708. INCLUSION OF SBIR AND STTR PROGRAMS IN TECHNICAL ASSISTANCE.
Subsection (c) of section 2418 of title 10, United States
Code, is amended--
(1) by striking ``issued under'' and inserting the
following: ``issued--
``(1) under'';
(2) by striking ``and on'' and inserting ``, and
on'';
(3) by striking ``requirements.'' and inserting
``requirements; and''; and
(4) by adding at the end the following new
paragraph:
``(2) under section 9 of the Small Business Act (15
U.S.C. 638), and on compliance with those
requirements.''.
SEC. 1709. REQUIREMENTS RELATING TO COMPETITIVE PROCEDURES AND
JUSTIFICATION FOR AWARDS UNDER THE SBIR AND STTR
PROGRAMS.
(a) In General.--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''.
(b) Conforming Amendments.--
(1) Small business act.--Section 9(r) of the Small
Business Act (15 U.S.C. 638(r)) is amended--
(A) in the subsection heading, by inserting
``, Competitive Procedures, and Justification
for Awards'' after ``Agreements''; and
(B) by amending the heading for paragraph
(4) to read as follows: ``Competitive
procedures and justification for awards''.
(2) Title 10.--Section 2304(f) of title 10, United
States Code, is amended--
(A) in paragraph (1), by inserting ``and
paragraph (6)'' after ``paragraph (2)''; and
(B) by adding at the end the following new
paragraph:
``(6) The justification and approval required by
paragraph (1) is not required in the case of a Phase
III award made pursuant to section 9(r)(4) of the Small
Business Act (15 U.S.C. 638(r)(4)).''.
SEC. 1710. 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 recommended for inclusion in
a multiple award contract described in
subsection (b);
(1) the term ``Department'' means the Department of
Defense;
(2) the term ``military department'' has the
meaning given the term in section 101 of title 10,
United States Code;
(3) the term ``multiple award contract'' has the
meaning given the term in section 3302(a) of title 41,
United States Code;
(4) the term ``pilot program'' means the pilot
program established under subsection (b); and
(5) 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 military
department 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. 1711. PILOT PROGRAM ON STRENGTHENING MANUFACTURING IN THE 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.
(b) Authorities.--The Secretary shall carry out the pilot
program under the following:
(1) Chapters 137 and 139 and sections 2371, 2371b,
and 2373 of title 10, United States Code.
(2) 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 goods or equipment for testing and
certification purposes.
(3) Incentives, including purchase commitments and
cost sharing with nongovernmental sources, for the
private sector to develop manufacturing and production
capabilities in areas of national security interest.
(4) Issuing loans or providing loan guarantees to
small- and medium-sized manufacturers to support
manufacturing and production capabilities in areas of
national security interest.
(5) Giving awards to third party entities to
support investments in small- and medium-sized
manufacturers working in areas of national security
interest, including debt and equity investments that
would benefit missions of the Department of Defense.
(6) Such other activities as the Secretary
determines necessary.
(d) Termination.--The pilot program shall terminate on the
date that is four years after the date of the enactment of this
Act.
(e) Briefing Required.--No later than January 31, 2022, the
Secretary of Defense shall provide a briefing to the Committees
on Armed Services in the Senate and the House of
Representatives on the results of the pilot program.
SEC. 1712. REVIEW REGARDING APPLICABILITY OF FOREIGN OWNERSHIP,
CONTROL, OR INFLUENCE REQUIREMENTS OF NATIONAL
INDUSTRIAL SECURITY PROGRAM TO NATIONAL TECHNOLOGY
AND INDUSTRIAL BASE COMPANIES.
(a) Review.--The Secretary of Defense, with the concurrence
of the Secretary of State and after consultation with the
Director of the Information Security Oversight Office, shall
review whether organizations whose ownership or majority
control is based in a country that is part of the national
technology and industrial base should be exempted from one or
more of the foreign ownership, control, or influence
requirements of the National Industrial Security Program.
(b) Authority.--The Secretary of Defense may establish a
program to exempt organizations described under subsection (a)
from one or more of the foreign ownership, control, or
influence requirements of the National Industrial Security
Program. Any such program shall comply with the requirements of
this subsection.
(1) In general.--Under a program established under
this subsection, the Secretary, with the concurrence of
the Secretary of State and after consultation with the
Director of the Information Security Oversight Office,
shall maintain a list of organizations owned or
controlled by a country that is part of the national
technology and industrial base that are eligible for
exemption from the requirements described under such
subsection.
(2) Determinations of eligibility.--Under a program
established under this subsection, the Secretary of
Defense, with the concurrence of the Secretary of State
and after consultation with the Director of the
Information Security Oversight Office, may (on a case-
by-case basis and for the purpose of supporting
specific needs of the Department of Defense) designate
an organization whose ownership or majority control is
based in a country that is part of the national
technology and industrial base as exempt from the
requirements described under subsection (a) upon a
determination that such exemption--
(A) is beneficial to improving
collaboration within countries that are a part
of the national technology and industrial base;
(B) is in the national security interest of
the United States; and
(C) will not result in a greater risk of
the disclosure of classified or sensitive
information consistent with the National
Industrial Security Program.
(3) Exercise of authority.--The authority under
this subsection 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 and the Director of the
Information Security Oversight Office, submits
to the appropriate congressional committees a
report summarizing the review conducted under
subsection (a); and
(B) the date that is 30 days after the
Secretary of Defense, in consultation with the
Secretary of State and the Director of the
Information Security Oversight Office, submits
to the appropriate congressional committees a
written notification of a determination made
under paragraph (2), including a discussion of
the issues related to the foreign ownership or
control of the organization that were
considered as part of the determination.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' has the
meaning given the term in section 301 of title 10,
United States Code.
(2) National technology and industrial base.--the
term ``national technology and industrial base'' has
the meaning given the term in section 2500 of title 10,
United States Code.
SEC. 1713. REPORT ON SOURCING OF TUNGSTEN AND TUNGSTEN POWDERS FROM
DOMESTIC PRODUCERS.
(a) 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
procurement of tungsten and tungsten powders for military
applications.
(b) Elements.--The report under subsection (a) shall
include the following:
(1) An overview of the quantities and countries of
origin of tungsten and tungsten powders that are
procured by the Department of Defense or prime
contractors of the Department for military
applications.
(2) An evaluation of the effects on the Department
if the Secretary of Defense prioritizes the procurement
of tungsten and tungsten powders from only domestic
producers.
(3) An evaluation of the effects on the Department
if tungsten and tungsten powders are required to be
procured from only domestic producers.
(4) An estimate of any costs associated with
domestic sourcing requirements related to tungsten and
tungsten powders.
SEC. 1714. REPORT ON UTILIZATION OF SMALL BUSINESS CONCERNS FOR FEDERAL
CONTRACTS.
(a) Findings.--Congress finds that--
(1) since the passage of the Budget Control Act of
2011 (Public Law 112-25; 125 Stat. 240), many Federal
agencies have started favoring longer-term Federal
contracts, including multiple award contracts, over
direct individual awards;
(2) these multiple award contracts have grown to
more than one-fifth of Federal contract spending, with
the fastest growing multiple award contracts each
surpassing $100,000,000 in obligations for the first
time between 2013 and 2014;
(3) in fiscal year 2017, 17 of the 20 largest
Federal contract opportunities are multiple award
contracts;
(4) while Federal agencies may choose to use any or
all of the various socioeconomic groups on a multiple
award contract, the Small Business Administration only
examines the performance of socioeconomic groups
through the small business procurement scorecard and
does not examine potential opportunities for those
groups; and
(5) Congress and the Department of Justice have
been clear that no individual socioeconomic group shall
be given preference over another.
(b) Definitions.--In this section--
(1) the term ``Administrator'' means the
Administrator of the Small Business Administration;
(2) the term ``covered small business concerns''
means--
(A) qualified HUBZone small business
concerns;
(B) small business concerns owned and
controlled by service-disabled veterans;
(C) small business concerns owned and
controlled by women; and
(D) small business concerns owned and
controlled by socially and economically
disadvantaged individuals, as defined under
section 8(d)(3)(C) of the Small Business Act
(15 U.S.C. 637(d)(3)(C)); and
(3) the terms ``qualified HUBZone small business
concern'', ``small business concern'', ``small business
concern owned and controlled by service-disabled
veterans'', and ``small business concern owned and
controlled by women'' have the meanings given those
terms in section 3 of the Small Business Act (15 U.S.C.
632).
(c) Report.--
(1) In general.--Not later than 180 days after the
date of enactment of this Act, the Administrator shall
submit to the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on
Small Business of the House of Representatives a report
that includes--
(A) a determination as to whether small
business concerns and each category of covered
small business concern are being utilized in a
significant portion of the multiple award
contracts awarded by the Federal Government,
including--
(i) whether awards are reserved for
concerns in 1 or more of those
categories; and
(ii) whether concerns in each such
category are given the opportunity to
perform on multiple award contracts;
(B) a determination as to whether
performance requirements for multiple award
contracts, as in effect on the day before the
date of enactment of this Act, are feasible and
appropriate for small business concerns and
covered small business concerns; and
(C) any additional information as the
Administrator may determine necessary.
(2) Requirement.--In making the determinations
required under paragraph (1), the Administrator shall
use information--
(A) from multiple award contracts with
varied assigned North American Industry
Classification System codes; and
(B) about the awards of multiple award
contracts from not less than eight Federal
agencies.
TITLE XVIII--GOVERNMENT PURCHASE AND TRAVEL CARDS
Sec. 1801. Short title.
Sec. 1802. Definitions.
Sec. 1803. Expanded use of data analytics.
Sec. 1804. Guidance on improving information sharing to curb improper
payments.
Sec. 1805. Interagency charge card data management group.
Sec. 1806. Reporting requirements.
SEC. 1801. SHORT TITLE.
This title may be cited as the ``Saving Federal Dollars
Through Better Use of Government Purchase and Travel Cards Act
of 2017''.
SEC. 1802. DEFINITIONS.
In this title:
(1) Improper payment.--The term ``improper
payment'' has the meaning given the term in section 2
of the Improper Payments Information Act of 2002 (31
U.S.C. 3321 note).
(2) Questionable transaction.--The term
``questionable transaction'' means a charge card
transaction that from initial card data appears to be
high risk and may therefore be improper due to non-
compliance with applicable law, regulation or policy.
(3) Strategic sourcing.--The term ``strategic
sourcing'' means analyzing and modifying a Federal
agency's spending patterns to better leverage its
purchasing power, reduce costs, and improve overall
performance.
SEC. 1803. EXPANDED USE OF DATA ANALYTICS.
(a) Strategy.--Not later than 180 days after the date of
the enactment of this Act, the Director of the Office of
Management and Budget, in consultation with the Administrator
for General Services, shall develop a strategy to expand the
use of data analytics in managing government purchase and
travel charge card programs. These analytics may employ
existing General Services Administration capabilities, and may
be in conjunction with agencies' capabilities, for the purpose
of--
(1) identifying examples or patterns of
questionable transactions and developing enhanced tools
and methods for agency use in--
(A) identifying questionable purchase and
travel card transactions; and
(B) recovering improper payments made with
purchase and travel cards;
(2) identifying potential opportunities for
agencies to further leverage administrative process
streamlining and cost reduction from purchase and
travel card use, including additional agency
opportunities for card-based strategic sourcing;
(3) developing a set of purchase and travel card
metrics and benchmarks for high-risk activities, which
shall assist agencies in identifying potential emphasis
areas for their purchase and travel card management and
oversight activities, including those required by the
Government Charge Card Abuse Prevention Act of 2012
(Public Law 112-194); and
(4) developing a plan, which may be based on
existing capabilities, to create a library of analytics
tools and data sources for use by Federal agencies
(including inspectors general of those agencies).
SEC. 1804. GUIDANCE ON IMPROVING INFORMATION SHARING TO CURB IMPROPER
PAYMENTS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Director of the Office of
Management and Budget, in consultation with the Administrator
of General Services and the interagency charge card data
management group established under section 1805, shall issue
guidance on improving information sharing by government
agencies for the purposes of section 1803(a)(1).
(b) Elements.--The guidance issued under subsection (a)
shall--
(1) require relevant officials at Federal agencies
to identify high-risk activities and communicate that
information to the appropriate management levels within
the agencies;
(2) require that appropriate officials at Federal
agencies review the reports issued by charge card-
issuing banks on questionable transaction activity
(such as purchase and travel card pre-suspension and
suspension reports, delinquency reports, and exception
reports), including transactions that occur with high-
risk activities, and suspicious timing or amounts of
cash withdrawals or advances;
(3) provide for the appropriate sharing of
information related to potential questionable
transactions, fraud schemes, and high-risk activities
with the General Services Administration and the
appropriate officials in Federal agencies;
(4) consider the recommendations made by Inspectors
General or the best practices Inspectors General have
identified; and
(5) include other requirements determined
appropriate by the Director for the purposes of
carrying out this title.
SEC. 1805. INTERAGENCY CHARGE CARD DATA MANAGEMENT GROUP.
(a) Establishment.--The Administrator of General Services
and the Director of the Office of Management and Budget shall
establish a purchase and travel charge card data management
group to develop and share best practices for the purposes
described in section 1803(a).
(b) Elements.--The best practices developed under
subsection (a) shall--
(1) cover rules, edits, and task order or contract
modifications related to charge card-issuing banks;
(2) include the review of accounts payable
information and purchase and travel card transaction
data of agencies for the purpose of identifying
potential strategic sourcing and other additional
opportunities (such as recurring payments, utility
payments, and grant payments) for which the charge
cards or related payment products could be used as a
payment method; and
(3) include other best practices as determined by
the Administrator and Director.
(c) Membership.--The purchase and travel charge card data
management group shall meet regularly as determined by the co-
chairs, for a duration of three years, and include those
agencies as described in section 2 of the Government Charge
Card Abuse Prevention Act of 2012 (Public Law 112-194) and
others identified by the Administrator and Director.
SEC. 1806. REPORTING REQUIREMENTS.
(a) General Services Administration Report.--Not later than
one year after the date of the enactment of this Act, the
Administrator for General Services shall submit to the
Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Oversight and Government Reform of
the House of Representatives a report on the implementation of
this title, including the metrics used in determining whether
the analytic and benchmarking efforts have reduced, or
contributed to the reduction of, questionable transactions or
improper payments as well as improved utilization of card-based
payment products.
(b) Agency Reports and Consolidated Report to Congress.--
Not later than one year after the date of the enactment of this
Act, the head of each Federal agency described in section 2 of
the Government Charge Card Abuse Prevention Act of 2012 (Public
Law 112-194) shall submit a report to the Director of the
Office of Management and Budget on that agency's activities to
implement this title.
(c) Office of Management and Budget Report to Congress.--
The Director of the Office of Management and Budget shall
submit to the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Oversight and
Government Reform of the House of Representatives a
consolidated report of agency activities to implement this
title, which may be included as part of another report
submitted by the Director to the Committee on Homeland Security
and Governmental Affairs of the Senate and the Committee on
Oversight and Government Reform of the House of
Representatives.
(d) Report on Additional Savings Opportunities.--Not later
than one year after the date of the enactment of this Act, the
Administrator of General Services shall submit to the Committee
on Homeland Security and Governmental Affairs of the Senate and
the Committee on Oversight and Government Reform of the House
of Representatives a report identifying and exploring further
potential savings opportunities for government agencies under
the Federal charge card programs. This report may be combined
with the report required under subsection (a).
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2018''.
SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE
SPECIFIED BY LAW.
(a) Expiration of Authorizations After Five Years.--Except
as provided in subsection (b), all authorizations contained in
titles XXI through XXVII for military construction projects,
land acquisition, family housing projects and facilities, and
contributions to the North Atlantic Treaty Organization
Security Investment Program (and authorizations of
appropriations therefor) shall expire on the later of--
(1) October 1, 2022; or
(2) the date of the enactment of an Act authorizing
funds for military construction for fiscal year 2023.
(b) Exception.--Subsection (a) shall not apply to
authorizations for military construction projects, land
acquisition, family housing projects and facilities, and
contributions to the North Atlantic Treaty Organization
Security Investment Program (and authorizations of
appropriations therefor), for which appropriated funds have
been obligated before the later of--
(1) October 1, 2022; or
(2) the date of the enactment of an Act authorizing
funds for fiscal year 2023 for military construction
projects, land acquisition, family housing projects and
facilities, or contributions to the North Atlantic
Treaty Organization Security Investment Program.
(c) Extension of Authorizations of Fiscal Year 2016 and
Fiscal Year 2017 Projects.--
(1) Fiscal year 2016 projects.--Section 2002 of the
Military Construction Authorization Act for Fiscal Year
2016 (division B of Public Law 114-92; 129 Stat. 1145)
is amended--
(A) in subsection (a)--
(i) in paragraph (1), by striking
``2018'' and inserting ``2020''; and
(ii) in paragraph (2), by striking
``2019'' and inserting ``2021''; and
(B) in subsection (b)--
(i) in paragraph (1), by striking
``2018'' and inserting ``2020''; and
(ii) in paragraph (2), by striking
``2019'' and inserting ``2021''.
(2) Fiscal year 2017 projects.--Section 2002 of the
Military Construction Authorization Act for Fiscal Year
2017 (division B of Public Law 114-328; 129 Stat. 1145)
is amended--
(A) in subsection (a)--
(i) in paragraph (1), by striking
``2019'' and inserting ``2021''; and
(ii) in paragraph (2), by striking
``2020'' and inserting ``2022''; and
(B) in subsection (b)--
(i) in paragraph (1), by striking
``2019'' and inserting ``2021''; and
(ii) in paragraph (2), by striking
``2020'' and inserting ``2022''.
SEC. 2003. EFFECTIVE DATE.
Titles XXI through XXVII and title XXIX shall take effect
on the later of--
(1) October 1, 2017; or
(2) the date of the enactment of this Act.
TITLE XXI--ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year
2014 project.
Sec. 2106. Modification of authority to carry out certain fiscal year
2015 project.
Sec. 2107. Extension of authorization of certain fiscal year 2014
project.
Sec. 2108. Extension of authorizations of certain fiscal year 2015
projects.
Sec. 2109. Additional authority to carry out certain fiscal year 2000,
2005, 2006, and 2007 projects.
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a) and available for military construction projects inside
the United States as specified in the funding table in section
4601, the Secretary of the Army may acquire real property and
carry out military construction projects for the installations
or locations inside the United States, and in the amounts, set
forth in the following table:
Army: Inside the United States
------------------------------------------------------------------------
State Installation Amount
------------------------------------------------------------------------
Alabama....................... Fort Rucker........... $38,000,000
Arizona....................... Davis-Monthan Air $22,000,000
Force Base...........
Fort Huachuca......... $30,000,000
California.................... Fort Irwin............ $3,000,000
Colorado...................... Fort Carson........... $29,300,000
Florida....................... Eglin Air Force Base.. $18,000,000
Georgia....................... Fort Benning.......... $38,800,000
Fort Gordon........... $51,500,000
Hawaii........................ Pohakuloa Training $25,000,000
Area.................
Indiana....................... Crane Army Ammunition $24,000,000
Plant................
New York...................... U.S. Military Academy. $22,000,000
South Carolina................ Fort Jackson.......... $60,000,000
Shaw Air Force Base... $25,000,000
Texas......................... Camp Bullis........... $13,600,000
Fort Hood............. $70,000,000
Virginia...................... Joint Base Langley- $34,000,000
Eustis...............
Joint Base Myer- $20,000,000
Henderson............
Washington.................... Joint Base Lewis- $66,000,000
McChord..............
Yakima................ $19,500,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a) and available for military construction projects
outside the United States as specified in the funding table in
section 4601, the Secretary of the Army may acquire real
property and carry out the military construction project for
the installations or locations outside the United States, and
in the amounts, set forth in the following table:
Army: Outside the United States
------------------------------------------------------------------------
Country Installation Amount
------------------------------------------------------------------------
Germany..................... Stuttgart.............. $40,000,000
Weisbaden.............. $43,000,000
Korea........................ Kunsan Air Base......... $53,000,000
------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations in
section 2104(a) and available for military family housing
functions as specified in the funding table in section 4601,
the Secretary of the Army may construct or acquire family
housing units (including land acquisition and supporting
facilities) at the installations or locations, in the number of
units, and in the amounts set forth in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
State/Country Installation Units Amount
----------------------------------------------------------------------------------------------------------------
Georgia................................. Fort Gordon.............. Family Housing New $6,100,000
Construction.............
Germany................................. South Camp Vilseck........ Family Housing New $22,445,000
Construction.............
Kwajalein............................... Kwajalein Atoll........... Family Housing Replacement $31,000,000
Construction.............
Massachusetts........................... Natick.................... Family Housing Replacement $21,000,000
Construction.............
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a) and available for military family housing functions as
specified in the funding table in section 4601, the Secretary
of the Army may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of family housing units in an
amount not to exceed $33,559,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization of
appropriations in section 2104(a) and available for military
family housing functions as specified in the funding table in
section 4601, the Secretary of the Army may improve existing
military family housing units in an amount not to exceed
$34,156,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning after
September 30, 2017, for military construction, land
acquisition, and military family housing functions of the
Department of the Army as specified in the funding table in
section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variation
authorized by law, the total cost of all projects carried out
under section 2101 may not exceed the total amount authorized
to be appropriated under subsection (a), as specified in the
funding table in section 4601.
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2014 PROJECT.
In the case of the authorization contained in the table in
section 2101(a) of the Military Construction Authorization Act
for Fiscal Year 2014 (division B of Public Law 113-66; 127
Stat. 986) for Joint Base Lewis-McChord, Washington, for
construction of an airfield operations complex, the Secretary
of the Army may construct standby generator capacity of 1,000
kilowatts.
SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2015 PROJECT.
In the case of the authorization contained in the table in
section 2101(a) of the Military Construction Authorization Act
for Fiscal Year 2015 (division B of Public Law 113-291; 128
Stat. 3670) for Fort Shafter, Hawaii, for construction of a
command and control facility, the Secretary of the Army may
construct 15 megawatts of redundant power generation for a
total project amount of $370,000,000.
SEC. 2107. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2014
PROJECT.
(a) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2014
(division B of Public Law 113-66; 127 Stat. 985), the
authorization set forth in the table in subsection (b), as
provided in section 2101 of that Act (127 Stat. 986), shall
remain in effect until October 1, 2018, or the date of the
enactment of an Act authorizing funds for military construction
for fiscal year 2019, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:
Army: Extension of 2014 Project Authorization
----------------------------------------------------------------------------------------------------------------
Installation or
State or Country Location Project Amount
----------------------------------------------------------------------------------------------------------------
Japan.............................. Kyogamisaki........... Company Operations Complex $33,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2108. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2015
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2015
(division B of Public Law 113-291; 128 Stat. 3669), the
authorizations set forth in the table in subsection (b), as
provided in section 2101 of that Act (128 Stat. 3670), shall
remain in effect until October 1, 2018, or the date of the
enactment of an Act authorizing funds for military construction
for fiscal year 2019, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:
Army: Extension of 2015 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Installation or
State/Country Location Project Amount
----------------------------------------------------------------------------------------------------------------
California......................... Military Ocean Access Control Point...... $9,900,000
Terminal Concord.....
Hawaii............................ Fort Shafter.......... Command and Control $370,000,000
Facility (SCIF)..........
Japan.............................. Kadena Air Base....... Missile Magazine.......... $10,600,000
Texas.............................. Fort Hood............. Simulation Center......... $46,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2109. ADDITIONAL AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2000,
2005, 2006, AND 2007 PROJECTS.
(a) Project Authorization.--In connection with the
authorizations contained in the tables in section 2101(a) of
the Military Construction Authorization Act for Fiscal Year
2000 (division B of Public Law 106-65; 113 Stat. 825), section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat.
2101), section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 2006 (division B of Public
Law 109-163; 119 Stat. 3485), and section 2101(a) of the
Military Construction Authorization Act for Fiscal Year 2007
(division B of Public Law 109-364; 120 Stat. 2445) for Fort
Irwin, California, for Land Acquisition - National Training
Center, Phases 1 through 4, the Secretary of the Army may carry
out military construction projects to complete the land
acquisitions within the initial scope of the projects.
(b) Congressional Notification.--The Secretary of the Army
shall provide information in accordance with section 2851(c) of
title 10, United States Code, regarding the projects described
in subsection (a).
TITLE XXII--NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Extension of authorizations for certain fiscal year 2014
projects.
Sec. 2206. Extension of authorizations of certain fiscal year 2015
projects.
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a) and available for military construction projects inside
the United States as specified in the funding table in section
4601, the Secretary of the Navy may acquire real property and
carry out military construction projects for the installations
or locations inside the United States, and in the amounts, set
forth in the following table:
Navy: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Arizona....................................... Yuma............................................ $36,358,000
California.................................... Barstow......................................... $36,539,000
Camp Pendleton.................................. $61,139,000
Coronado........................................ $36,000,000
Lemoore......................................... $60,828,000
Miramar......................................... $47,600,000
Twentynine Palms................................ $55,099,000
Florida....................................... Mayport......................................... $84,818,000
Georgia....................................... Albany.......................................... $43,300,000
Guam.......................................... Joint Region Marianas........................... $284,679,000
Hawaii........................................ Joint Base Pearl Harbor-Hickam.................. $73,200,000
Kaneohe Bay..................................... $26,492,000
Wahiawa......................................... $65,864,000
Maine......................................... Kittery......................................... $61,692,000
North Carolina................................ Camp Lejeune.................................... $103,767,000
Cherry Point Marine Corps Air Station........... $15,671,000
Virginia...................................... Dam Neck........................................ $29,262,000
Joint Expeditionary Base Little Creek-Story..... $2,596,000
Portsmouth...................................... $72,990,000
Quantico........................................ $23,738,000
Yorktown........................................ $36,358,000
Washington.................................... Indian Island................................... $44,440,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a) and available for military construction projects
outside the United States as specified in the funding table in
section 4601, the Secretary of the Navy may acquire real
property and carry out military construction projects for the
installation or location outside the United States, and in the
amounts, set forth in the following table:
Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Greece........................................ Souda Bay....................................... $22,045,000
Japan........................................ Iwakuni......................................... $21,860,000
----------------------------------------------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations in
section 2204(a) and available for military family housing
functions as specified in the funding table in section 4601,
the Secretary of the Navy may construct or acquire family
housing units (including land acquisition and supporting
facilities) at the installations or locations, in the number of
units, and in the amounts set forth in the following table:
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
Country Installation Units Amount
----------------------------------------------------------------------------------------------------------------
Bahrain Island.......................... SW Asia................... Construct On-Base GFOQ.... $2,138,000
Mariana Islands......................... Guam...................... Replace Andersen Housing $40,875,000
PH II....................
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a) and available for military family housing functions as
specified in the funding table in section 4601, the Secretary
of the Navy may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of family housing units in an
amount not to exceed $4,418,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization of
appropriations in section 2204(a) and available for military
family housing functions as specified in the funding table in
section 4601, the Secretary of the Navy may improve existing
military family housing units in an amount not to exceed
$36,251,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning after
September 30, 2017, for military construction, land
acquisition, and military family housing functions of the
Department of the Navy, as specified in the funding table in
section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variation
authorized by law, the total cost of all projects carried out
under section 2201 may not exceed the total amount authorized
to be appropriated under subsection (a), as specified in the
funding table in section 4601.
SEC. 2205. EXTENSION OF AUTHORIZATIONS FOR CERTAIN FISCAL YEAR 2014
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2014
(division B of Public Law 113-66; 127 Stat. 985), the
authorizations set forth in the table in subsection (b), as
provided in section 2201 of that Act (127 Stat. 989) and
extended by section 2207 of the Military Construction
Authorization Act for Fiscal Year 2017 (division B of Public
Law 114-328; 130 Stat. 2694), shall remain in effect until
October 1, 2018, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year
2019, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:
Navy: Extension of 2014 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Illinois................................ Great Lakes.............. Unaccompanied Housing..... $35,851,000
Nevada.................................. Fallon.................... Wastewater Treatment Plant $11,334,000
Virginia................................ Quantico.................. Fuller Road Improvements.. $9,013,000
----------------------------------------------------------------------------------------------------------------
SEC. 2206. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2015
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2015
(division B of Public Law 113-291; 128 Stat. 3669), the
authorizations set forth in the table in subsection (b), as
provided in section 2201 of that Act (128 Stat. 3675), shall
remain in effect until October 1, 2018, or the date of the
enactment of an Act authorizing funds for military construction
for fiscal year 2019, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:
Navy: Extension of 2015 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
District of Columbia.................. NSA Washington........... Electronics Science and $37,882,000
Technology Lab..........
Maryland............................... Indian Head.............. Advanced Energetics $15,346,000
Research Lab Complex
Phase 2.................
----------------------------------------------------------------------------------------------------------------
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.
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a) and available for military construction projects inside
the United States as specified in the funding table in section
4601, the Secretary of the Air Force may acquire real property
and carry out military construction projects for the
installations or locations inside the United States, and in the
amounts, set forth in the following table:
Air Force: Inside the United States
------------------------------------------------------------------------
Installation or
State Location Amount
------------------------------------------------------------------------
Alaska....................... Eielson Air Force Base $168,900,000
Arkansas..................... Little Rock Air Force $20,000,000
Base.
California................... Travis Air Force Base $114,700,000
Colorado..................... Buckley Air Force $38,000,000
Base.
Fort Carson........... $13,000,000
U.S. Air Force Academy $30,000,000
Florida...................... Eglin Air Force Base. $90,700,000
MacDill Air Force Base $8,100,000
Tyndall Air Force Base $17,000,000
Georgia...................... Robins Air Force Base. $9,800,000
Kansas....................... McConnell Air Force $17,500,000
Base.
Maryland..................... Joint Base Andrews.... $271,500,000
Nevada....................... Nellis Air Force Base. $61,000,000
New Jersey................... McGuire-Dix-Lakehurst. $146,500,000
New Mexico................... Cannon Air Force Base. $42,000,000
Holloman Air Force $4,250,000
Base.
Kirtland Air Force $9,300,000
Base.
North Dakota................. Minot Air Force Base. $27,000,000
Ohio......................... Wright-Patterson Air $6,800,000
Force Base.
Oklahoma..................... Altus Air Force Base. $20,900,000
Texas........................ Joint Base San Antonio $156,630,000
Utah......................... Hill Air Force Base... $28,000,000
Wyoming...................... F.E. Warren Air Force $62,000,000
Base.
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a) and available for military construction projects
outside the United States as specified in the funding table in
section 4601, the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:
Air Force: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Australia...................................... Darwin..................................... $76,000,000
United Kingdom................................. RAF Fairford................................ $45,650,000
RAF Lakenheath.............................. $136,992,000
----------------------------------------------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2304(a) and available for military
family housing functions as specified in the funding table in
section 4601, the Secretary of the Air Force may carry out
architectural and engineering services and construction design
activities with respect to the construction or improvement of
family housing units in an amount not to exceed $4,445,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization of
appropriations in section 2304(a) and available for military
family housing functions as specified in the funding table in
section 4601, the Secretary of the Air Force may improve
existing military family housing units in an amount not to
exceed $80,617,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning after
September 30, 2017, for military construction, land
acquisition, and military family housing functions of the
Department of the Air Force, as specified in the funding table
in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variation
authorized by law, the total cost of all projects carried out
under section 2301 may not exceed the total amount authorized
to be appropriated under subsection (a), as specified in the
funding table in section 4601.
SEC. 2305. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2017 PROJECTS.
(a) Hanscom Air Force Base.--In the case of the
authorization contained in the table in section 2301(a) of the
Military Construction Authorization Act for Fiscal Year 2017
(division B of Public Law 114-328; 130 Stat. 2696) for Hanscom
Air Force Base, Massachusetts, for construction of a gate
complex at the installation, the Secretary of the Air Force may
construct a visitor control center of 187 square meters, a
traffic check house of 294 square meters, and an emergency
power generator system and transfer switch consistent with the
Air Force's construction guidelines.
(b) Mariana Islands.--In the case of the authorization
contained in the table in section 2301(b) of the Military
Construction Authorization Act for Fiscal Year 2017 (division B
of Public Law 114-328; 130 Stat. 2697) for acquiring 142
hectares of land at an unspecified location in the Mariana
Islands, the Secretary of the Air Force may acquire 142
hectares of land on Tinian in the Northern Mariana Islands for
a cost of $21,900,000.
(c) Chabelley Airfield.--In the case of the authorization
contained in the table in section 2902 of the Military
Construction Authorization Act for Fiscal Year 2017 (division B
of Public Law 114-328; 130 Stat. 2743) for Chabelley Airfield,
Djibouti, for construction of a parking apron and taxiway at
that location, the Secretary of the Air Force may construct
20,490 square meters of taxiway and apron, 8,230 square meters
of paved shoulders, 10,650 square meters of hangar pads, and
3,900 square meters of cargo apron.
(d) Scott Air Force Base.--The table in section 4601 of the
Military Construction Authorization Act for Fiscal Year 2017
(division B of Public Law 114-328; 130 Stat. 2877) is amended
in the item relating to Scott Air Force Base, Illinois, by
striking ``Consolidated Corrosion Facility add/alter.'' in the
project title column and inserting ``Consolidated Communication
Facility add/alter.''.
SEC. 2306. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2015
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2015
(division B of Public Law 113-291; 128 Stat. 3669), the
authorizations set forth in the table in subsection (b), as
provided in section 2301 of that Act (128 Stat. 3679), shall
remain in effect until October 1, 2018, or the date of the
enactment of an Act authorizing funds for military construction
for fiscal year 2019, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:
Air Force: Extension of 2015 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation Project Amount
----------------------------------------------------------------------------------------------------------------
Alaska.................................. Clear Air Force Station... Emergency Power Plant Fuel $11,500,000
Storage..................
Oklahoma................................ Tinker Air Force Base..... KC-46 Two-Bay Maintenance $63,000,000
Hangar...................
----------------------------------------------------------------------------------------------------------------
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Authorized energy resiliency and conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Modification of authority to carry out certain fiscal year
2017 project.
Sec. 2405. Extension of authorizations of certain fiscal year 2014
projects.
Sec. 2406. Extension of authorizations of certain fiscal year 2015
projects.
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a) and available for military construction projects inside
the United States as specified in the funding table in section
4601, the Secretary of Defense may acquire real property and
carry out military construction projects for the installations
or locations inside the United States, and in the amounts, set
forth in the following table:
Defense Agencies: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alaska.......................................... Fort Greely................................ $200,000,000
California...................................... Camp Pendleton............................. $43,642,000
Coronado................................... $258,735,000
Colorado........................................ Schriever Air Force Base................... $10,200,000
Florida......................................... Eglin Air Force Base....................... $9,100,000
Hurlburt Field............................. $46,400,000
Georgia......................................... Fort Gordon................................ $10,350,000
Guam............................................ Andersen Air Force Base.................... $23,900,000
Hawaii.......................................... Kunia...................................... $5,000,000
Missouri........................................ Fort Leonard Wood.......................... $393,241,000
St. Louis.................................. $381,000,000
New Mexico..................................... Cannon Air Force Base...................... $8,228,000
North Carolina................................. Camp Lejeune............................... $90,039,000
Fort Bragg................................. $57,778,000
Seymour Johnson Air Force Base............. $20,000,000
South Carolina.................................. Shaw Air Force Base........................ $22,900,000
Utah............................................ Hill Air Force Base........................ $20,000,000
Virginia........................................ Joint Expeditionary Base Little Creek-Story $23,000,000
Norfolk.................................... $18,500,000
Pentagon................................... $50,100,000
Portsmouth................................. $22,500,000
Worldwide Unspecified........................... Unspecified Worldwide Locations............ $64,364,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a) and available for military construction projects
outside the United States as specified in the funding table in
section 4601, the Secretary of Defense may acquire real
property and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:
Defense Agencies: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Germany......................................... Spangdahlem Air Base....................... $79,141,000
Stuttgart.................................. $46,609,000
Greece.......................................... Souda Bay.................................. $18,100,000
Italy........................................... Vicenza.................................... $62,406,000
Japan........................................... Iwakuni................................... $30,800,000
Kadena Air Base............................ $27,573,000
Okinawa.................................... $11,900,000
Sasebo..................................... $45,600,000
Torii Commo Station........................ $25,323,000
Puerto Rico..................................... Punta Borinquen........................... $61,071,000
United Kingdom.................................. Menwith Hill Station....................... $11,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2402. AUTHORIZED ENERGY RESILIENCY AND CONSERVATION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a) and available for energy resiliency and conservation
projects inside the United States as specified in the funding
table in section 4601, the Secretary of Defense may carry out
energy resiliency and conservation projects under chapter 173
of title 10, United States Code, for the installations or
locations inside the United States, and the amounts set forth
in the following table:
Energy Resiliency and Conservation Projects: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Colorado........................................ Schriever Air Force Base................... $15,260,000
Guam............................................ Andersen Air Force Base.................... $5,880,000
NAVBASE Guam............................... $6,920,000
Hawaii.......................................... MCBH Kaneohe Bay.......................... $6,185,000
Illinois........................................ MTC Marseilles............................. $3,000,000
Maryland........................................ NSA South Potomac-Indian Head............. $10,790,000
Missouri........................................ Fort Leonard Wood......................... $5,300,000
Montana......................................... Malmstrom Air Force Base................... $6,086,000
North Carolina.................................. Fort Bragg................................. $3,000,000
Lejeune/New River.......................... $9,750,000
Utah............................................ Tooele Army Depot.......................... $6,400,000
Dugway Proving Ground...................... $8,700,000
Hill Air Force Base........................ $8,467,000
Wyoming......................................... F.E. Warren................................ $4,500,000
Various Locations............................... Various Locations.......................... $27,232,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a) and available for energy resiliency and conservation
projects outside the United States as specified in the funding
table in section 4601, the Secretary of Defense may carry out
energy resiliency and conservation projects under chapter 173
of title 10, United States Code, for the installations or
locations outside the United States, and in the amounts, set
forth in the following table:
Energy Resiliency and Conservation Projects: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Honduras........................................ Soto Cano Air Base........................ $12,600,000
Italy........................................... NSA Naples................................ $2,700,000
Japan........................................... CFA Yokosuka............................... $8,530,000
Korea........................................... Osan Air Base.............................. $13,700,000
----------------------------------------------------------------------------------------------------------------
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning after
September 30, 2017, for military construction, land
acquisition, and military family housing functions of the
Department of Defense (other than the military departments), as
specified in the funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variation
authorized by law, the total cost of all projects carried out
under section 2401 of this Act may not exceed the total amount
authorized to be appropriated under subsection (a), as
specified in the funding table in section 4601.
SEC. 2404. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2017 PROJECT.
In the case of the authorization in the table in section
2401(b) of the Military Construction Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2700) for
Kaiserslautern, Germany, for construction of the Sembach
Elementary/Middle School Replacement, the Secretary of Defense
may construct an elementary school.
SEC. 2405. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2014
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2014
(division B of Public Law 113-66; 127 Stat. 985), the
authorizations set forth in the table in subsection (b), as
provided in section 2401 of that Act (127 Stat. 995) and
extended by section 2406 of the Military Construction
Authorization Act for Fiscal Year 2017 (division B of Public
Law 114-328; 130 Stat. 2702), shall remain in effect until
October 1, 2018, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year
2019, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:
Defense Agencies: Extension of 2014 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State/Country Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
United Kingdom......................... Royal Air Force Lakenheath. Lakenheath Middle/High $69,638,000
School Replacement......
Virginia............................... Marine Corps Base Quantico. Quantico Middle/High $40,586,000
School Replacement......
Pentagon................... PFPA Support Operations $14,800,000
Center..................
----------------------------------------------------------------------------------------------------------------
SEC. 2406. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2015
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2015
(division B of Public Law 113-291; 128 Stat. 3669), the
authorizations set forth in the table in subsection (b), as
provided in section 2401 of that Act (128 Stat. 3681), shall
remain in effect until October 1, 2018, or the date of the
enactment of an Act authorizing funds for military construction
for fiscal year 2019, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:
Defense Agencies: Extension of 2015 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State/Country Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Australia.............................. Geraldton.................. Combined Communications $9,600,000
Gateway Geraldton.......
Belgium................................ Brussels................... Brussels Elementary/High $41,626,000
School Replacement......
Japan.................................. Okinawa.................... Kubasaki High School $99,420,000
Replacement/Renovation..
Commander Fleet Activities E.J. King High School $37,681,000
Sasebo.................... Replacement/Renovation..
Mississippi............................ Stennis................... SOF Land Acquisition $17,224,000
Western Maneuver Area...
New Mexico............................. Cannon Air Force Base...... SOF Squadron Operations $23,333,000
Facility (STS)..........
Virginia............................... Defense Distribution Depot Replace Access Control $5,700,000
Richmond.................. Point...................
Joint Base Langley-Eustis.. Hospital Addition/Central $41,200,000
Utility Plant
Replacement.............
Pentagon................... Redundant Chilled Water $15,100,000
Loop....................
----------------------------------------------------------------------------------------------------------------
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.
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for the
North Atlantic Treaty Organization Security Investment Program
as provided in section 2806 of title 10, United States Code, in
an amount not to exceed the sum of the amount authorized to be
appropriated for this purpose in section 2502 and the amount
collected from the North Atlantic Treaty Organization as a
result of construction previously financed by the United
States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2017, for contributions by
the Secretary of Defense under section 2806 of title 10, United
States Code, for the share of the United States of the cost of
projects for the North Atlantic Treaty Organization Security
Investment Program authorized by section 2501 as specified in
the funding table in section 4601.
Subtitle B--Host Country In-Kind Contributions
SEC. 2511. REPUBLIC OF KOREA FUNDED CONSTRUCTION PROJECTS.
Pursuant to agreement with the Republic of Korea for
required in-kind contributions, the Secretary of Defense may
accept military construction projects for the installations or
locations, and in the amounts, set forth in the following
table:
Republic of Korea Funded Construction Projects
----------------------------------------------------------------------------------------------------------------
Installation or
Country Component Location Project Amount
----------------------------------------------------------------------------------------------------------------
Korea.......................... Army.............. Camp Humphreys.... Unaccompanied $76,000,000
Enlisted Personnel
Housing, Phase 1...
Army.............. Camp Humphreys.... Type I Aircraft $10,000,000
Parking Apron......
Air Force......... Kunsan Air Base... Construct Airfield $6,500,000
Damage Repair
Warehouse..........
Air Force......... Osan Air Base..... Main Gate Entry $13,000,000
Control Facilities.
----------------------------------------------------------------------------------------------------------------
SEC. 2512. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2017 PROJECTS.
(a) Camp Humphreys.--In the case of the authorization
contained in the table in section 2511 of the Military
Construction Authorization Act for Fiscal Year 2017 (division B
of Public Law 114-328; 130 Stat. 2704) for Camp Humphreys,
Republic of Korea, for construction of the 8th Army
Correctional Facility, the Secretary of Defense may construct a
level 1 correctional facility of 26,000 square feet and a
utility and tool storage building of 400 square feet.
(b) K-16 Air Base.--In the case of the authorization
contained in the table in section 2511 of the Military
Construction Authorization Act for Fiscal Year 2017 (division B
of Public Law 114-328; 130 Stat. 2704) for the K-16 Air Base,
Republic of Korea, for renovation of the Special Operations
Forces (SOF) Operations Facility, B-606, the Secretary of
Defense may renovate an operations administration area of 5,500
square meters.
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.
Subtitle A--Project Authorizations and Authorization of Appropriations
SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in section
4601, the Secretary of the Army may acquire real property and
carry out military construction projects for the Army National
Guard locations inside the United States, and in the amounts,
set forth in the following table:
Army National Guard
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Delaware........................................ New Castle................................ $36,000,000
Idaho........................................... Orchard Training Area...................... $22,000,000
MTC Gowen.................................. $9,000,000
Iowa............................................ Camp Dodge................................. $8,500,000
Kansas.......................................... Fort Leavenworth........................... $19,000,000
Maine........................................... Presque Isle.............................. $17,500,000
Maryland........................................ Sykesville................................. $19,000,000
Minnesota....................................... Arden Hills................................ $39,000,000
Missouri........................................ Springfield................................ $32,000,000
New Mexico...................................... Las Cruces................................ $8,600,000
Virginia........................................ Fort Belvoir.............................. $15,000,000
Fort Pickett............................... $4,550,000
Washington...................................... Tumwater................................... $31,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section 2606
and available for the National Guard and Reserve as specified
in the funding table in section 4601, the Secretary of the Army
may acquire real property and carry out military construction
projects for the Army Reserve locations inside the United
States, and in the amounts, set forth in the following table:
Army Reserve: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
California...................................... Fallbrook.................................. $36,000,000
Washington...................................... Lewis-McChord............................. $30,000,000
Wisconsin....................................... Fort McCoy................................ $13,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section 2606
and available for the National Guard and Reserve as specified
in the funding table in section 3102, the Secretary of the Army
may acquire real property and carry out military construction
projects for the Army Reserve locations outside the United
States, and in the amounts, set forth in the following table:
Army Reserve: Outside the United States
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Puerto Rico..................................... Aguadilla.................................. $12,400,000
Fort Buchanan.............................. $26,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE
CONSTRUCTION AND LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in section
4601, the Secretary of the Navy may acquire real property and
carry out military construction projects for the Navy Reserve
and Marine Corps Reserve locations inside the United States,
and in the amounts, set forth in the following table:
Navy Reserve and Marine Corps Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
California...................................... Lemoore................................... $17,330,000
Georgia......................................... Fort Gordon................................ $17,797,000
New Jersey...................................... Joint Base McGuire-Dix-Lakehurst........... $11,573,000
Texas........................................... Fort Worth................................ $12,637,000
----------------------------------------------------------------------------------------------------------------
SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in section
4601, the Secretary of the Air Force may acquire real property
and carry out military construction projects for the Air
National Guard locations inside the United States, and in the
amounts, set forth in the following table:
Air National Guard
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
California...................................... March Air Force Base....................... $15,000,000
Colorado........................................ Peterson Air Force Base.................... $8,000,000
Connecticut..................................... Bradley IAP................................ $7,000,000
Indiana......................................... Hulman Regional Airport.................... $8,000,000
Kentucky........................................ Louisville IAP............................ $9,000,000
Mississippi..................................... Jackson International Airport............. $8,000,000
Missouri........................................ Rosecrans Memorial Airport................ $10,000,000
New York........................................ Hancock Field............................. $6,800,000
Ohio............................................ Toledo Express Airport..................... $15,000,000
Oklahoma........................................ Tulsa International Airport................ $8,000,000
Oregon.......................................... Klamath Falls IAP......................... $18,500,000
South Dakota.................................... Joe Foss Field............................. $12,000,000
Tennessee....................................... McGhee-Tyson Airport....................... $25,000,000
Wisconsin....................................... Dane County Regional/Airport Truax Field.. $8,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in section
4601, the Secretary of the Air Force may acquire real property
and carry out military construction projects for the Air Force
Reserve locations inside the United States, and in the amounts,
set forth in the following table:
Air Force Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Florida......................................... Patrick Air Force Base.................... $25,000,000
Georgia......................................... Robins Air Force Base..................... $32,000,000
Guam............................................ Joint Region Marianas...................... $5,200,000
Hawaii......................................... Joint Base Pearl Harbor-Hickam............ $5,500,000
Massachusetts................................... Westover ARB.............................. $10,000,000
Minnesota....................................... Minneapolis-St Paul IAP.................... $9,000,000
North Carolina.................................. Seymour Johnson Air Force Base............. $6,400,000
Texas........................................... NAS JRB Fort Worth......................... $3,100,000
Utah............................................ Hill Air Force Base........................ $3,100,000
----------------------------------------------------------------------------------------------------------------
SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD AND RESERVE.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2017, for the costs of
acquisition, architectural and engineering services, and
construction of facilities for the Guard and Reserve Forces,
and for contributions therefor, under chapter 1803 of title 10,
United States Code (including the cost of acquisition of land
for those facilities), as specified in the funding table in
section 4601.
Subtitle B--Other Matters
SEC. 2611. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2015 PROJECT.
In the case of the authorization contained in the table in
section 2602 of the Military Construction Authorization Act for
Fiscal Year 2015 (division B of Public Law 113-291; 128 Stat.
3688) for Starkville, Mississippi, for construction of an Army
Reserve Center at that location, the Secretary of the Army may
acquire approximately fifteen acres (653,400 square feet) of
land.
SEC. 2612. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2014
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the
Military Construction Act for Fiscal Year 2014 (division B of
Public Law 113-66; 127 Stat. 985), the authorizations set forth
in the table in subsection (b), as provided in sections 2602,
2604, and 2605 of that Act (127 Stat. 1001, 1002), shall remain
in effect until October 1, 2018, or the date of the enactment
of an Act authorizing funds for military construction for
fiscal year 2019, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:
National Guard and Reserve: Extension of 2014 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Florida.............................. Homestead ARB............ Entry Control Complex....... $9,800,000
Maryland.............................. Fort Meade.............. 175th Network Warfare $4,000,000
Squadron Facility.
New York.............................. Bullville................ Army Reserve Center......... $14,500,000
----------------------------------------------------------------------------------------------------------------
SEC. 2613. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2015
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the
Military Construction Act for Fiscal Year 2015 (division B of
Public Law 113-291; 128 Stat. 3669), the authorizations set
forth in the table in subsection (b), as provided in sections
2602 and 2604 of that Act (128 Stat. 3688, 3689), shall remain
in effect until October 1, 2018, or the date of the enactment
of an Act authorizing funds for military construction for
fiscal year 2019, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:
National Guard and Reserve: Extension of 2015 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Location Project Amount
----------------------------------------------------------------------------------------------------------------
Mississippi........................... Starkville............... Army Reserve Center....... $9,300,000
New Hampshire.......................... Pease.................... KC-46A ADAL Airfield $7,100,000
Pavements and Hydrant
Systems.
----------------------------------------------------------------------------------------------------------------
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.
SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGNMENT AND
CLOSURE ACTIVITIES FUNDED THROUGH DEPARTMENT OF
DEFENSE BASE CLOSURE ACCOUNT.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2017, for base realignment
and closure activities, including real property acquisition and
military construction projects, as authorized by the Defense
Base Closure and Realignment Act of 1990 (part A of title XXIX
of Public Law 101-510; 10 U.S.C. 2687 note) and funded through
the Department of Defense Base Closure Account established by
section 2906 of such Act (as amended by section 2711 of the
Military Construction Authorization Act for Fiscal Year 2013
(division B of Public Law 112-239; 126 Stat. 2140)), as
specified in the funding table in section 4601.
SEC. 2702. PROHIBITION ON CONDUCTING ADDITIONAL BASE REALIGNMENT AND
CLOSURE (BRAC) ROUND.
Nothing in this Act shall be construed to authorize an
additional Base Realignment and Closure (BRAC) round.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Sec. 2801. Elimination of written notice requirement for military
construction activities and reliance on electronic submission
of notifications and reports.
Sec. 2802. Modification of thresholds applicable to unspecified minor
construction projects.
Sec. 2803. Annual locality adjustment of dollar thresholds applicable to
unspecified minor military construction authorities.
Sec. 2804. Extension of temporary, limited authority to use operation
and maintenance funds for construction projects outside the
United States.
Sec. 2805. Use of operation and maintenance funds for military
construction projects to replace facilities damaged or
destroyed by natural disasters or terrorism incidents.
Sec. 2806. Annual report on unfunded requirements for laboratory
military construction projects.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Elimination of written notice requirement for military real
property transactions and reliance on electronic submission of
notifications and reports.
Sec. 2812. Certification related to certain acquisitions or leases of
real property.
Sec. 2813. Increased term limit for intergovernmental support agreements
to provide installation support services.
Sec. 2814. Authorizing reimbursement of States for costs of suppressing
wildfires caused by Department of Defense activities on State
lands; restoration of lands of other Federal agencies for
damage caused by Department of Defense vehicle mishaps.
Sec. 2815. Criteria for exchanges of property at military installations.
Sec. 2816. Land exchange valuation of property with reduced development
that limits encroachment on military installations.
Sec. 2817. Requirements for window fall prevention devices in military
family housing.
Sec. 2818. Prohibiting use of updated assessment of public schools on
Department of Defense installations to supersede funding of
certain projects.
Sec. 2819. Access to military installations by transportation network
companies.
Subtitle C--Project Management and Oversight Reforms
Sec. 2821. Notification requirement for certain cost increases.
Sec. 2822. Annual report on schedule delays.
Sec. 2823. Report on design errors and omissions related to Fort Bliss
hospital replacement project.
Sec. 2824. Report on cost increase and delay related to USSTRATCOM
command and control facility project at Offutt Air Force Base.
Subtitle D--Energy Resilience
Sec. 2831. Energy resilience.
Sec. 2832. Authority to use energy cost savings for energy resilience,
mission assurance, and weather damage repair and prevention
measures.
Sec. 2833. Consideration of energy security and energy resilience in
awarding energy and fuel contracts for military installations.
Sec. 2834. Requirement to address energy resilience in exercising
utility system conveyance authority.
Sec. 2835. In-kind lease payments; prioritization of utility services
that promote energy resilience.
Sec. 2836. Annual Department of Defense energy management reports.
Sec. 2837. Aggregation of energy efficiency and energy resilience
projects in life cycle cost analyses.
Subtitle E--Land Conveyances
Sec. 2841. Land exchange, Naval Industrial Reserve Ordnance Plant,
Sunnyvale, California.
Sec. 2842. Land conveyance, Mountain Home Air Force Base, Idaho.
Sec. 2843. Lease of real property to the United States Naval Academy
Alumni Association and Naval Academy Foundation at United
States Naval Academy, Annapolis, Maryland.
Sec. 2844. Land Conveyance, Natick Soldier Systems Center,
Massachusetts.
Sec. 2845. Land exchange, Naval Air Station Corpus Christi, Texas.
Sec. 2846. Imposition of additional conditions on future use of Castner
Range, Fort Bliss, Texas.
Sec. 2847. Land conveyance, former missile alert facility known as
Quebec-01, Laramie County, Wyoming.
Subtitle F--Military Memorials, Monuments, and Museums
Sec. 2861. Recognition of the National Museum of World War II Aviation.
Sec. 2862. Principal office of Aviation Hall of Fame.
Sec. 2863. Establishment of a visitor services facility on the Arlington
Ridge tract.
Sec. 2864. Modification of prohibition on transfer of veterans memorial
objects to foreign governments without specific authorization
in law.
Subtitle G--Other Matters
Sec. 2871. Authority of the Secretary of the Air Force to accept lessee
improvements at Air Force Plant 42.
Sec. 2872. Modification of Department of Defense guidance on use of
airfield pavement markings.
Sec. 2873. Authority of Chief Operating Officer of Armed Forces
Retirement Home to acquire and lease property.
Sec. 2874. Restrictions on rehabilitation of Over-the-Horizon
Backscatter Radar Station.
Sec. 2875. Permitting machine room-less elevators in Department of
Defense facilities.
Sec. 2876. Disclosure of beneficial ownership by foreign persons of high
security space leased by the Department of Defense.
Sec. 2877. Joint use of Dobbins Air Reserve Base, Marietta, Georgia,
with civil aviation.
Sec. 2878. Report on hurricane damage to Department of Defense assets.
Sec. 2879. Special rules for certain projects.
Sec. 2880. Energy security for military installations in Europe.
Subtitle A--Military Construction Program and Military Family Housing
SEC. 2801. ELIMINATION OF WRITTEN NOTICE REQUIREMENT FOR MILITARY
CONSTRUCTION ACTIVITIES AND RELIANCE ON ELECTRONIC
SUBMISSION OF NOTIFICATIONS AND REPORTS.
(a) Military Construction Authorities.--Subchapter I of
chapter 169 of title 10, United States Code, is amended as
follows:
(1) Section 2803(b) is amended--
(A) by striking ``in writing'';
(B) by striking ``seven-day period'' and
inserting ``five-day period''; and
(C) by striking ``or, if earlier, the end
of the seven-day period beginning on the date
on which a copy of the notification is
provided''.
(2) Section 2804(b) is amended--
(A) by striking ``in writing'';
(B) by striking ``14-day period'' and
inserting ``seven-day period; and''
(C) by striking ``or, if earlier, the end
of the seven-day period beginning on the date
on which a copy of the notification is
provided''.
(3) Section 2805 is amended--
(A) in subsection (b)(2)--
(i) by striking ``in writing'';
(ii) by striking ``21-day period''
and inserting ``14-day period''; and
(iii) by striking ``or, if earlier,
the end of the 14-day period beginning
on the date on which a copy of the
notification is provided''; and
(B) in subsection (d)(3)--
(i) by striking ``in writing'';
(ii) by striking ``21-day period''
and inserting ``14-day period''; and
(iii) by striking ``or, if earlier,
the end of the 14-day period beginning
on the date on which a copy of the
notification is provided''.
(4) Section 2806(c) is amended--
(A) in paragraph (1), by inserting ``of
Defense'' after ``The Secretary''; and
(B) by striking ``(A)'' and all that
follows through the end of the paragraph and
inserting the following: ``, only after the end
of the 14-day period beginning on the date on
which the Secretary submits, in an electronic
medium pursuant to section 480 of this title,
to the appropriate committees of Congress
notice of the increase, including the reasons
for the increase and the source of the funds to
be used for the increase.''.
(5) Section 2807 is amended--
(A) in subsection (b)--
(i) by striking ``21-day period''
and inserting ``14-day period''; and
(ii) by striking ``or, if earlier,
the end of the 14-day period beginning
on the date on which a copy of the
report is provided''; and
(B) in subsection (c), by striking ``(1)''
and all that follows through the end of the
subsection and inserting the following: ``only
after the end of the 14-day period beginning on
the date on which the Secretary submits, in an
electronic medium pursuant to section 480 of
this title, to the appropriate committees of
Congress notice of the need for the increase,
including the source of funds to be used for
the increase.''.
(6) Section 2808(b) is amended by inserting after
``notify'' the following: ``, in an electronic medium
pursuant to section 480 of this title,''.
(7) Section 2809 is amended by striking subsection
(f) and inserting the following new subsection:
``(f) Notice and Wait Requirements.--The Secretary
concerned may enter into a contract under this section only
after the end of the 14-day period beginning on the date on
which the Secretary submits, in an electronic medium pursuant
to section 480 of this title, to the appropriate committees of
Congress a justification of the need for the facility covered
by the proposed contract, including an economic analysis (based
upon accepted life cycle costing procedures) which demonstrates
that the proposed contract is cost effective when compared with
alternative means of furnishing the same facility.''.
(8) Section 2811(d) is amended by inserting after
``submit'' the following: ``, in an electronic medium
pursuant to section 480 of this title,''.
(9) Section 2812(c) is amended by striking
paragraph (1) and inserting the following new
paragraph:
``(1) The Secretary concerned may enter into a lease under
this section only after the end of the 14-day period beginning
on the date on which the Secretary submits, in an electronic
medium pursuant to section 480 of this title, to the
appropriate committees of Congress a justification of the need
for the facility covered by the proposed lease, including an
economic analysis (based upon accepted life-cycle costing
procedures) that demonstrates the cost effectiveness of the
proposed lease compared with a military construction project
for the same facility.''.
(10) Section 2813(c) is amended--
(A) by striking ``transmits to the
appropriate committees of Congress a written
notification'' and inserting ``notifies the
appropriate committees of Congress'';
(B) by striking ``21-day period'' and
inserting ``14-day period''; and
(C) by striking ``or, if earlier, the end
of the 14-day period beginning on the date on
which a copy of the report is provided''.
(11) Section 2814 is amended by striking subsection
(g) and inserting the following:
``(g) Notice and Wait Requirements.--The Secretary of the
Navy may carry out a transaction authorized by this section
only after the end of the 20-day period beginning on the date
on which the Secretary submits, in an electronic medium
pursuant to section 480 of this title, to the appropriate
committees of Congress notice of the transaction, including a
detailed description of the transaction and a justification for
the transaction specifying the manner in which the transaction
will meet the purposes of this section.''.
(b) Military Family Housing Activities.--Subchapter II of
chapter 169 of title 10, United States Code, is amended as
follows:
(1) Section 2825(b) is amended--
(A) by redesignating paragraphs (2), (3),
and (4) as paragraphs (3), (4), and (5),
respectively;
(B) in paragraph (5), as redesignated--
(i) by striking ``the first
sentence of''; and
(ii) by striking ``in that
sentence'' and inserting ``in that
paragraph''; and
(C) in paragraph (1)--
(i) in the second sentence, by
striking ``The Secretary concerned may
waive the limitations contained in the
preceding sentence'' and inserting the
following:
``(2) The Secretary concerned may waive the limitations
contained in paragraph (1)'';
(ii) in the third sentence, by
striking ``the Secretary transmits''
and all that follows through the end of
the sentence and inserting the
following: ``the end of the 14-day
period beginning on the date on which
the Secretary submits, in an electronic
medium pursuant to section 480 of this
title, to the appropriate committees of
Congress notice of the proposed waiver,
together with an economic analysis
demonstrating that the improvement will
be cost effective.''.
(2) Section 2827 is amended--
(A) in subsection (a), by inserting
``Relocation Authority.--'' after ``(a)''; and
(B) by striking subsection (b) and
inserting the following new subsection:
``(b) Notice and Wait Requirements.--A contract to carry
out a relocation of military family housing units under
subsection (a) may be awarded only after the end of the 14-day
period beginning on the date on which the Secretary concerned
submits, in an electronic medium pursuant to section 480 of
this title, to the appropriate committees of Congress notice of
the proposed new locations of the housing units to be relocated
and the estimated cost of and source of funds for the
relocation.''.
(3) Section 2828(f) is amended by striking ``may
not be made'' and all that follows through the end of
the subsection and inserting ``may be made under this
section only after the end of the 14-day period
beginning on the date on which the Secretary concerned
submits, in an electronic medium pursuant to section
480 of this title, to the appropriate committees of
Congress notice of the facts concerning the proposed
lease.''.
(4) Subsection (e) of section 2831, as redesignated
by section 1051(a)(21), is further amended by striking
``until--'' and all that follows through the end of the
subsection and inserting the following: ``until after
the end of the 14-day period beginning on the date on
which the Secretary submits, in an electronic medium
pursuant to section 480 of this title, to the
appropriate committees of Congress a justification of
the need for the maintenance or repair project,
including an estimate of the cost of the project.''.
(5) Section 2835 is amended by striking subsection
(g) and inserting the following new subsection:
``(g) Notice and Wait Requirements.--A contract may be
entered into for the lease of housing facilities under this
section only after the end of the 14-day period beginning on
the date on which the Secretary of Defense, or the Secretary of
Homeland Security with respect to the Coast Guard when it is
not operating as a service in the Navy, submits, in an
electronic medium pursuant to section 480 of this title, to the
appropriate committees of Congress an economic analysis (based
upon accepted life cycle costing procedures) which demonstrates
that the proposed contract is cost-effective when compared with
alternative means of furnishing the same housing facilities.''.
(6) Section 2835a(c) is amended by striking
``until--'' and all that follows through the end of the
subsection and inserting the following: ``until after
the end of the 14-day period beginning on the date on
which the Secretary submits, in an electronic medium
pursuant to section 480 of this title, to the
appropriate committees of Congress a notice of the
intent to undertake the conversion.''.
(c) Administrative Provisions.--Subchapter III of chapter
169 of title 10, United States Code, is amended as follows:
(1) Section 2853(c) is amended--
(A) by striking ``in writing'' both places
it appears;
(B) in paragraph (1)(B)--
(i) by striking ``period of 21
days'' and inserting ``14-day period'';
and
(ii) by striking ``or, if over
sooner, a period of 14 days has elapsed
after the date on which a copy of the
notification is provided''; and
(C) in paragraph (2), by inserting after
``notifies'' the following: ``, using an
electronic medium pursuant to section 480 of
this title,''.
(2) Section 2854(b) is amended--
(A) by striking ``in writing'';
(B) by striking ``21-day period'' and
inserting ``14-day period''; and
(C) by striking ``or, if earlier, the end
of the seven-day period beginning on the date
on which a copy of the notification is
provided''.
(3) Section 2854a is amended by striking subsection
(c) and inserting the following new subsection:
``(c) Notice and Wait Requirements.--(1) The Secretary
concerned may enter into an agreement to convey a family
housing facility under this section only after the end of the
14-day period beginning on the date on which the Secretary
submits, in an electronic medium pursuant to section 480 of
this title, to the appropriate committees of Congress a notice
containing a justification for the conveyance under the
agreement.
``(2) A notice under paragraph (1) shall include--
``(A) an estimate of the consideration to be
provided the United States under the agreement;
``(B) an estimate of the cost of repairing the
family housing facility to be conveyed; and
``(C) an estimate of the cost of replacing the
family housing facility to be conveyed.''.
(4) Section 2861(c) is amended--
(A) by striking ``in writing'';
(B) by striking ``21-day period'' and
inserting ``14-day period''; and
(C) by striking ``or, if earlier, the end
of the 14-day period beginning on the date on
which a copy of the notification is provided''.
(5) Section 2866(c)(2) is amended--
(A) by striking ``21-day period'' and
inserting ``14-day period''; and
(B) by striking ``or, if earlier, the end
of the 14-day period beginning on the date on
which a copy of the notification is provided''.
(6) Section 2869(d)(3) is amended--
(A) in the first sentence, by striking
``after a period of 21 days'' and all that
follows through the end of the sentence and
inserting the following: ``after the end of the
14-day period beginning on the date of the
submission of the notice in an electronic
medium pursuant to section 480 of this
title.''; and
(B) in the second sentence, by striking
``only after'' and all that follows through the
end of the sentence and inserting the
following: ``only after the end of the 45-day
period beginning on the date of the submission
of the notice in an electronic medium pursuant
to section 480 of this title.''
(d) Alternative Authority for Acquisition and Improvement
of Military Housing.--Subchapter IV of chapter 169 of title 10,
United States Code, is amended as follows:
(1) Section 2881a(d)(2) is amended by inserting
after ``Congress'' the following: ``in an electronic
medium pursuant to section 480 of this title''.
(2) Section 2883(f) is amended--
(A) by striking ``30-day period'' and
inserting ``14-day period'';
(B) by striking ``written''; and
(C) by striking ``or, if earlier, the end
of the 14-day period beginning on the date on
which a copy of the notice and justification is
provided''.
(3) Section 2884(a) is amended by striking
paragraph (4) and inserting the following new
paragraph:
``(4) The report shall be submitted in an electronic medium
pursuant to section 480 of this title not later than 21 days
before the date on which the Secretary issues the contract
solicitation or offers the conveyance or lease.''.
(4) Section 2885 is amended--
(A) in subsection (a)(4)(B)--
(i) by inserting after ``notify''
the following: ``, in an electronic
medium pursuant to section 480 of this
title,''; and
(ii) by striking ``, and shall
provide'' and inserting ``and
include''; and
(B) in subsection (d), by inserting after
``submit'' the following: ``, in an electronic
medium pursuant to section 480 of this
title,''.
(e) Energy Security Activities.--Chapter 173 of title 10,
United States Code, is amended as follows:
(1) Section 2914(b)(1) is amended--
(A) by striking ``in writing'';
(B) by striking ``21-day period'' and
inserting ``14-day period''; and
(C) by striking ``or, if earlier, the end
of the 14-day period beginning on the date on
which a copy of the notification is provided''.
(2) Section 2916(c) is amended--
(A) by striking ``in writing'';
(B) by striking ``21-day period'' and
inserting ``14-day period''; and
(C) by striking ``or, if earlier, the end
of the 14-day period beginning on the date on
which a copy of the notification is provided''.
(f) Military Construction Carried Out Using Burden Sharing
Contributions.--Section 2350j(e)(2) of title 10, United States
Code, is amended--
(1) by striking ``21-day period'' and inserting
``14-day period''; and
(2) by striking ``or, if earlier, the end of the
14-day period beginning on the date on which a copy of
the report is provided''.
(g) Acquisition of Facilities for Reserve Components by
Exchange.--Section 18240(f)(2) of title 10, United States Code,
is amended--
(1) by striking ``30-day period'' and inserting
``21-day period''; and
(2) by striking ``or, if earlier, the end of the
21-day period beginning on the date on which a copy of
the report is provided''.
SEC. 2802. MODIFICATION OF THRESHOLDS APPLICABLE TO UNSPECIFIED MINOR
CONSTRUCTION PROJECTS.
(a) Increase in Threshold; Uniform Threshold for All
Projects.--Section 2805(a)(2) of title 10, United States Code,
is amended--
(1) in the first sentence, by striking
``$3,000,000'' and inserting ``$6,000,000''; and
(2) by striking the second sentence.
(b) Approval by Secretary Concerned.--Section 2805(b)(1) of
such title is amended by striking ``$1,000,000'' and inserting
``$750,000''.
(c) Congressional Notification.--Section 2805(b)(2) of such
title is amended by striking ``to which paragraph (1) is
applicable'' and inserting ``to which paragraph (1) is
applicable and which costs more than $2,000,000''.
(d) Use of Operation and Maintenance Funds.--Section
2805(c) of such title is amended by striking ``$1,000,000'' and
inserting ``$2,000,000''.
SEC. 2803. ANNUAL LOCALITY ADJUSTMENT OF DOLLAR THRESHOLDS APPLICABLE
TO UNSPECIFIED MINOR MILITARY CONSTRUCTION
AUTHORITIES.
Section 2805 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(f) Adjustment of Dollar Limitations for Location.--
``(1) Adjustment of limitations.--Each fiscal year,
the Secretary concerned shall adjust the dollar
limitations specified in this section applicable to an
unspecified minor military construction project inside
the United States to reflect the area construction cost
index for military construction projects published by
the Department of Defense during the prior fiscal year
for the location of the project, except that no
limitation specified in this section may exceed
$10,000,000 as the result of any adjustment made under
this paragraph.
``(2) Location of projects.--For purposes of
paragraph (1), a project shall be considered to be
inside the United States if the project is carried out
in any of the several States, the District of Columbia,
the Commonwealth of Puerto Rico, Guam, American Samoa,
the United States Virgin Islands, or the Commonwealth
of the Northern Mariana Islands.
``(3) Sunset.--The requirements of this subsection
shall not apply with respect to any fiscal year after
fiscal year 2022.''.
SEC. 2804. EXTENSION OF TEMPORARY, LIMITED AUTHORITY TO USE OPERATION
AND MAINTENANCE FUNDS FOR CONSTRUCTION PROJECTS
OUTSIDE THE UNITED STATES.
(a) Extension of Authority.--Subsection (h) of section 2808
of the Military Construction Authorization Act for Fiscal Year
2004 (division B of Public Law 108-136; 117 Stat. 1723), as
most recently amended by section 2804 of the Military
Construction Authorization Act for Fiscal Year 2017 (division B
of Public Law 114-328; 130 Stat. 2713), is amended--
(1) in paragraph (1), by striking ``December 31,
2017'' and inserting ``December 31, 2018''; and
(2) in paragraph (2), by striking ``fiscal year
2018'' and inserting ``fiscal year 2019''.
(b) Limitation on Use of Authority.--Subsection (c)(1) of
such section is amended--
(1) by striking ``October 1, 2016'' and inserting
``October 1, 2017'';
(2) by striking ``December 31, 2017'' and inserting
``December 31, 2018''; and
(3) by striking ``fiscal year 2018'' and inserting
``fiscal year 2019''.
SEC. 2805. USE OF OPERATION AND MAINTENANCE FUNDS FOR MILITARY
CONSTRUCTION PROJECTS TO REPLACE FACILITIES DAMAGED
OR DESTROYED BY NATURAL DISASTERS OR TERRORISM
INCIDENTS.
(a) Authorizing Use of Funds.--Section 2854 of title 10,
United States Code, is amended by adding at the end the
following new subsection:
``(c)(1) In using the authority described in subsection (a)
to carry out a military construction project to replace a
facility, including a family housing facility, that has been
damaged or destroyed, the Secretary concerned may use
appropriations available for operation and maintenance if--
``(A) the damage or destruction to the facility was
the result of a natural disaster or a terrorism
incident; and
``(B) the Secretary submits a notification to the
appropriate committees of Congress of the decision to
carry out the replacement project, and includes in the
notification--
``(i) the current estimate of the cost of
the replacement project;
``(ii) the source of funds for the
replacement project;
``(iii) in the case of damage to a facility
rather than destruction, a certification that
the replacement project is more cost-effective
than repair or restoration; and
``(iv) a certification that deferral of the
replacement project for inclusion in the next
Military Construction Authorization Act would
be inconsistent with national security or the
protection of health, safety, or environmental
quality, as the case may be.
``(2) A replacement project under this subsection may be
carried out only after the end of the 7-day period beginning on
the date on which a copy of the notification described in
paragraph (1) is provided in an electronic medium pursuant to
section 480 of this title.
``(3) The maximum aggregate amount that the Secretary
concerned may obligate from appropriations available for
operation and maintenance in any fiscal year for replacement
projects under the authority of this subsection is
$50,000,000.''.
(b) Conforming Amendment.--Subsection (b) of section 2854
of such title, as amended by section 2801(c)(2), is amended by
striking ``under this section'' and inserting ``under
subsection (a)''.
SEC. 2806. ANNUAL REPORT ON UNFUNDED REQUIREMENTS FOR LABORATORY
MILITARY CONSTRUCTION PROJECTS.
The Under Secretary of Defense for Research and
Engineering, in coordination with the Assistant Secretary of
Defense for Energy, Installations, and Environment, shall
submit to the congressional defense committees each year, at
the time the budget of the President for the fiscal year
beginning in such year is submitted to Congress under section
1105(a) of title 31, United States Code, a reporting listing
unfunded requirements on major and minor military construction
projects for Department of Defense science and technology
laboratories and facilities and test and evaluation facilities,
and shall include a Department of Defense Form DD1391 for each
major and minor military construction project included in the
report.
Subtitle B--Real Property and Facilities Administration
SEC. 2811. ELIMINATION OF WRITTEN NOTICE REQUIREMENT FOR MILITARY REAL
PROPERTY TRANSACTIONS AND RELIANCE ON ELECTRONIC
SUBMISSION OF NOTIFICATIONS AND REPORTS.
(a) General Real Property Transaction Report.--Section
2662(a) of title 10, United States Code, is amended by amending
paragraph (3) to read as follows:
``(3) The authority of the Secretary concerned to enter
into a transaction described in paragraph (1) commences only
after the end of the 14-day period beginning on the first day
of the first month beginning on or after the date on which the
report containing the facts concerning such transaction, and
all other such proposed transactions for that month, is
provided in an electronic medium pursuant to section 480 of
this title.''.
(b) Acquisition of Interests in Land When Need Is Urgent.--
Section 2663(d)(2) of title 10, United States Code, is
amended--
(1) by inserting after ``submit'' the following:
``, in an electronic medium pursuant to section 480 of
this title,''; and
(2) by striking ``written notice'' and inserting
``a notice''.
(c) Acquisition of Land by Condemnation for Certain
Military Purposes.--Section 2663(f)(2) of title 10, United
States Code, is amended by striking ``or, if over sooner, the
end of the 14-day period beginning on the date on which a copy
of the report is provided''.
(d) Exceptions to Limitations on Land Acquisition Reduction
in Scope or Increase in Cost.--Section 2664(d) of title 10,
United States Code, is amended--
(1) by striking ``written'';
(2) by striking ``a period of 21 days elapses
from'' and inserting ``the end of the 14-day period
beginning on''; and
(3) by striking ``or, if over sooner, a period of
14 days elapses from the date on which a copy of that
notification is provided''.
(e) Leases of Non-excess Defense Property.--Section
2667(d)(3) of title 10, United States Code, is amended by
striking ``provide to the congressional defense committees
written notice'' and inserting ``submit, in an electronic
medium pursuant to section 480 of this title, to the
congressional defense committees a notice''.
(f) Maintenance and Repair and Jurisdiction Over Facilities
for Defense Agencies.--Section 2682(c)(2) of title 10, United
States Code, is amended by striking ``to the appropriate
congressional committees written notification'' and inserting
``, in an electronic medium pursuant to section 480 of this
title, to the appropriate congressional committees a notice''.
(g) Agreements to Limit Encroachments and Other Constraints
on Military Training, Testing, and Operations.--Section
2684a(d)(4)(D) of title 10, United States Code, is amended--
(1) in clause (i), by striking ``provides written
notice'' and inserting ``submits, in an electronic
medium pursuant to section 480 of this title, a
notice''; and
(2) in clause (ii), by striking ``14 days'' and all
that follows through the end of the clause and
inserting the following: ``10 days after the date on
which the notice is submitted under clause (i).''.
(h) Conveyance of Surplus Real Property for Natural
Resource Conservation.--Section 2694a of title 10, United
States Code, is amended by striking subsection (e) and
inserting the following new subsection:
``(e) Notice and Wait Requirements.--The Secretary
concerned may not approve of the reconveyance of real property
under subsection (c) or grant the release of a covenant under
subsection (d) until after the end of the 14-day period
beginning on the date on which the Secretary submits, in an
electronic medium pursuant to section 480 of this title, to the
appropriate committees of Congress a notice of the proposed
reconveyance or release.''.
SEC. 2812. CERTIFICATION RELATED TO CERTAIN ACQUISITIONS OR LEASES OF
REAL PROPERTY.
Section 2662(a) of title 10, United States Code, is
amended--
(1) in paragraph (2), by striking the period at the
end of the first sentence and inserting the following:
``, as well as the certification described in paragraph
(5).''; and
(2) by adding at the end the following:
``(5) For purposes of paragraph (2), the certification
described in this paragraph with respect to an acquisition or
lease of real property is a certification that the Secretary
concerned--
``(A) evaluated the feasibility of using space in
property under the jurisdiction of the Department of
Defense to satisfy the purposes of the acquisition or
lease; and
``(B) determined that--
``(i) space in property under the
jurisdiction of the Department of Defense is
not reasonably available to be used to satisfy
the purposes of the acquisition or lease;
``(ii) acquiring the property or entering
into the lease would be more cost-effective
than the use of the Department of Defense
property; or
``(iii) the use of the Department of
Defense property would interfere with the
ongoing military mission of the property.''.
SEC. 2813. INCREASED TERM LIMIT FOR INTERGOVERNMENTAL SUPPORT
AGREEMENTS TO PROVIDE INSTALLATION SUPPORT
SERVICES.
Section 2679(a)(2)(A) of title 10, United States Code, is
amended by striking ``five years'' and inserting ``ten years''.
SEC. 2814. AUTHORIZING REIMBURSEMENT OF STATES FOR COSTS OF SUPPRESSING
WILDFIRES CAUSED BY DEPARTMENT OF DEFENSE
ACTIVITIES ON STATE LANDS; RESTORATION OF LANDS OF
OTHER FEDERAL AGENCIES FOR DAMAGE CAUSED BY
DEPARTMENT OF DEFENSE VEHICLE MISHAPS.
(a) Authorities.--Section 2691 of title 10, United States
Code, is amended--
(1) in subsection (a), by striking ``or lease''
each place it appears;
(2) in subsection (b), by striking ``or lease'';
(3) in subsection (c), by striking ``lease,''; and
(4) by adding at the end the following new
subsections:
``(d) Wildland Fires on State Land.--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.
``(e) Restoration of Land Damaged by Mishap.--(1) When land
under the administrative jurisdiction of a Federal agency that
is not a part of the Department of Defense is damaged as the
result of a mishap involving a vessel, aircraft, or vehicle of
the Department of Defense, the Secretary of Defense may, with
the consent of the Federal agency, restore the land.
``(2) When land under the administrative jurisdiction of
the Department of Defense or a military department is damaged
as the result of a mishap involving a vessel, aircraft, or
vehicle of a Federal agency that is not a part of the
Department of Defense, the head of the Federal agency under
whose control the vessel, aircraft, or vehicle was operating
may, with the consent of the Department of Defense, restore the
land.''.
(b) Conforming Amendments.--Such section is further
amended--
(1) in the heading, by striking ``lease'' and
inserting ``damaged by mishap; reimbursement of state
costs of
fighting wildland fires'';
(2) in subsection (a), by striking ``(a) The
Secretary'' and inserting ``(a) Restoration of Other
Agency Land Used by Permit.--The Secretary'';
(3) in subsection (b), by striking ``(b) Unless''
and inserting ``(b) Screening for Use of Improved
Land.--Unless''; and
(4) in subsection (c), by striking ``(c)(1) As a
condition'' and inserting ``(c) Restoration of
Department of Defense Land Used by Other Agency.--(1)
As a condition''.
(c) Clerical Amendment.--The table of sections of chapter
159 of such title is amended by amending the item relating to
section 2691 to read as follows:
``2691. Restoration of land used by permit or damaged by mishap;
reimbursement of State costs of fighting wildland fires.''.
SEC. 2815. CRITERIA FOR EXCHANGES OF PROPERTY AT MILITARY
INSTALLATIONS.
Paragraph (2) of section 2869(a) of title 10, United States
Code, is amended to read as follows:
``(2) Paragraph (1) applies with respect to real property
under the jurisdiction of the Secretary concerned--
``(A) that is located on a military installation
that is closed or realigned under a base closure law;
or
``(B) that is located on a military installation
not covered by subparagraph (A) and for which the
Secretary concerned makes a determination that the
conveyance under paragraph (1) is advantageous to the
United States.''.
SEC. 2816. LAND EXCHANGE VALUATION OF PROPERTY WITH REDUCED DEVELOPMENT
THAT LIMITS ENCROACHMENT ON MILITARY INSTALLATIONS.
Subsection (b) of section 2869 of title 10, United States
Code, is amended to read as follows:
``(b) Conditions on Conveyance Authority.--(1) The fair
market value of the land to be obtained by the Secretary
concerned under subsection (a) in exchange for the conveyance
of real property by the Secretary under such subsection shall
be at least equal to the fair market value of the conveyed real
property, as determined by the Secretary. If the fair market
value of the land is less than the fair market value of the
real property to be conveyed, the recipient of the property
shall pay to the United States an amount equal to the
difference in the fair market values.
``(2) In the case of a conveyance of real property to a
political subdivision of a State, the value of the real
property to be conveyed by the Secretary concerned under
subsection (a) may exceed the fair market value of the land to
be obtained, as determined under paragraph (1), by an amount
not to exceed the reduction in value of the land which is
attributable to voluntary zoning actions taken by such
political subdivision to limit encroachment on a military
installation, but only if the notice required by subsection
(d)(2) contains--
``(A) a certification by the Secretary concerned
that the military value to the United States of the
land to be acquired justifies a payment in excess of
the fair market value; and
``(B) a description of the military value to be
obtained.''.
SEC. 2817. REQUIREMENTS FOR WINDOW FALL PREVENTION DEVICES IN MILITARY
FAMILY HOUSING.
(a) Requirement.--
(1) In general.--Chapter 169 of title 10, United
States Code, is amended by inserting after section 2878
the following new section:
``Sec. 2879. Window fall prevention devices in military family housing
units
``(a) Requiring Use of Devices on Certain Windows.--
``(1) Requirement.--The Secretary concerned shall
ensure that if a window in any military family housing
unit acquired or constructed under this chapter is
described in subsection (b), including a window
designed for emergency escape or rescue, the window is
equipped with fall prevention devices that protect
against unintentional window falls by young children
and that are in compliance with applicable
International Building Code (IBC) standards.
``(2) Effective date.--Paragraph (1) shall apply
with respect to the following military family housing
units:
``(A) A unit for which the contract for the
construction of the unit is first entered into
on or after the date of the enactment of this
section.
``(B) Any other unit which is subject to a
whole-house renovation project for which the
contract is entered into on or after September
1, 2018.
``(b) Windows Described.--A window is described in this
subsection if the bottom sill of the window is within 24 inches
of the floor, as measured in the interior of the unit, and is
more than 72 inches above the ground, as measured on the
exterior grade of the building.
``(c) Record of Incidents; Annual Report.--The Secretary
concerned shall keep a record of each incident (as defined in
Department of Defense Instruction 6055.7 series) in which a
minor child is injured or killed as the result of an
unintentional window fall in a military family housing unit.
Not later than 90 days after the end of each calendar year
(beginning with 2017), the Secretary of Defense shall submit a
report to the Committees on Armed Services of the House of
Representatives and Senate on all such window falls occurring
in the previous year.''.
(2) Clerical amendment.--The table of sections for
chapter 169 of such title is amended by inserting after
the item relating to section 2878 the following new
item:
``2879. Window fall prevention devices in military family housing
units.''.
(b) Independent Assessment of Child Safety in Military
Family Housing Units.--
(1) Assessment.--The Secretary of Defense shall
enter into an agreement with an independent entity with
experience in performing technical evaluations of the
compliance of housing units with the codes and
standards of the International Code Council and other
relevant codes and standards to conduct and to submit
to the Secretary and the congressional defense
committees an assessment of child safety issues in
military family housing units, with an emphasis on
assessing hazards that may result in falls.
(2) Recommendations.--The independent entity
conducting the assessment under paragraph (1) shall
include in the assessment such recommendations for
modifications to military family housing unit standards
as the entity considers appropriate for ensuring the
safety of minor children in such units.
(3) Deadline.--Under the agreement entered into
under paragraph (1), the independent entity conducting
the assessment under such paragraph shall submit the
assessment to the Secretary and the congressional
defense committees not later than 1 year after the date
of the enactment of this Act.
SEC. 2818. PROHIBITING USE OF UPDATED ASSESSMENT OF PUBLIC SCHOOLS ON
DEPARTMENT OF DEFENSE INSTALLATIONS TO SUPERSEDE
FUNDING OF CERTAIN PROJECTS.
(a) Prohibiting Use of Updated Assessment to Supersede
Funding of Certain Public School Projects.--Subsection (a) of
section 2814 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2717) is
amended by adding at the end the following new paragraph:
``(3) Prohibiting use of updated assessment to
supersede funding of certain remaining projects.--In
determining which projects will be funded under the
programs described in paragraph (2), the Secretary may
not, on the basis of the updated assessment described
in paragraph (1), supersede the funding of any of the
remaining projects which were included among the 33
projects for which Secretary assigned the highest
priority for receiving funds under the assessment of
the capacity and facility condition deficiencies of
elementary and secondary public schools on military
installations conducted by the Secretary in July 2011
under section 8109 of the Department of Defense and
Full-Year Continuing Appropriations Act, 2011 (Public
Law 112-10; 125 Stat. 82).''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect as if included in the enactment of the
National Defense Authorization Act for Fiscal Year 2017.
SEC. 2819. ACCESS TO MILITARY INSTALLATIONS BY TRANSPORTATION NETWORK
COMPANIES.
Section 346 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328) is amended--
(1) in the section heading, by inserting ``and
transportation network companies'' after
``transportation companies'';
(2) in subsections (b), (c), and (d), by inserting
``or transportation network company'' after
``transportation company'' each places it appears;
(3) in subsection (b)(7), by inserting ``and
transportation network companies'' after
``transportation companies''; and
(4) in subsection (d)--
(A) by redesignating paragraph (2) as
paragraph (3);
(B) by striking paragraph (1) and inserting
the following new paragraphs:
``(1) Transportation company.--The term
`transportation company' means a corporation,
partnership, sole proprietorship, or other entity
outside of the Department of Defense that provides a
commercial transportation service to a rider.
``(2) Transportation network company.--The term
`transportation network company'--
``(A) means a corporation, partnership,
sole proprietorship, or other entity, that uses
a digital network to connect riders to covered
drivers in order for the driver to transport
the rider using a vehicle owned, leased, or
otherwise authorized for use by the driver to a
point chosen by the rider; and
``(B) does not include a shared-expense
carpool or vanpool arrangement that is not
intended to generate profit for the driver.'';
and
(C) in subparagraph (A)(i) of paragraph
(3), as redesignated by subparagraph (A) of
this paragraph, by inserting ``or
transportation network company'' after
``transportation company''.
Subtitle C--Project Management and Oversight Reforms
SEC. 2821. NOTIFICATION REQUIREMENT FOR CERTAIN COST INCREASES.
Section 2853 of title 10, United States Code, is amended--
(1) by redesignating subsection (f) as subsection
(g);
(2) by inserting after subsection (e) the following
new subsection:
``(f)(1) In addition to the notification sent under
paragraph (1) of subsection (c) of a cost increase with respect
to a project, the Secretary concerned shall provide an
additional report notifying the congressional defense
committees and the Comptroller General of the United States of
any military construction project or military family housing
project with a total authorized cost greater than $40,000,000
that has a cost increase of 25 percent or more.
``(2) The report under paragraph (1) shall include the
following--
``(A) A description of the specific reasons for the
cost increase and the specific organizations and
individuals responsible.
``(B) A description of any ongoing or completed
proceedings or investigation into a government
employee, prime contractor, subcontractor, or non-
governmental organization that may be responsible for
the cost increase, and the status of such proceeding or
investigation.
``(C) If any proceeding or investigation identified
in subparagraph (B) resulted in final judicial or
administrative action, the following:
``(i) In the case of a judicial or
administrative action taken against a
government employee, the report shall identify
the individual's organization, position within
the organization, and the action taken against
the individual, but shall exclude personally
identifiable information about the individual.
``(ii) In the case of a judicial or
administrative action taken against a prime
contractor, subcontractor, or non-governmental
organization, the report shall identify the
prime contractor, subcontractor, or non-
governmental organization and the action taken
against the prime contractor, subcontractor, or
non-governmental organization.
``(D) A summary of any changes the Secretary
concerned believes may be required to the
organizational structure, project management and
oversight practices, policy, or authorities of a
government organization involved in military
construction projects as a result of problems
identified and lessons learned from the project.
``(3) If any proceeding or investigation described in
paragraph (2)(C) is still ongoing at the time the Secretary
concerned submits the report under paragraph (1), the Secretary
shall provide a supplemental report to the congressional
defense committees and the Comptroller General of the United
States not later than 30 days after such proceeding or
investigation has been completed. If such proceeding or
investigation resulted in final judicial or administrative
action against a government employee, prime contractor,
subcontractor, or non-governmental organization, the Secretary
shall include in the supplemental report the information
required by paragraph (2)(C).
``(4) Each report under this subsection shall be cosigned
by the senior engineer authorized to supervise military
construction projects and military family housing projects
under section 2851(a).
``(5) The Secretary shall send the report required under
paragraph (1) with respect to a project not later than 180 days
after the Secretary sends to the appropriate committees of
Congress the notification under paragraph (1) of subsection (c)
of a cost increase with respect to the project.
``(6) The Comptroller General of the United States shall
review each report submitted under this subsection and validate
or correct as necessary the information provided.''; and
(3) in subsection (g), as redesignated by paragraph
(1), by striking ``subsections (a) through (e)'' and
inserting ``subsections (a) through (f)''.
SEC. 2822. ANNUAL REPORT ON SCHEDULE DELAYS.
Section 2851 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(d) Annual Report on Schedule Delays.--Not later than
March 1 of each year (beginning with 2018), the Secretary of
Defense shall submit to the Committees on Armed Services of the
House of Representatives and Senate a report on each military
construction project or military family housing project for
which, as of the end of the most recent fiscal year, the
estimated completion date is more than 1 year later than the
completion date proposed at the time the contract for the
project was awarded.''.
SEC. 2823. REPORT ON DESIGN ERRORS AND OMISSIONS RELATED TO FORT BLISS
HOSPITAL REPLACEMENT PROJECT.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Inspector General of the
Department of Defense shall submit to the congressional defense
committees a report on design errors and omissions related to
the hospital replacement project at Fort Bliss, Texas.
(b) Elements.--The report required under subsection (a)
shall include the following elements:
(1) A detailed description of the specific ``design
errors'' and ``omissions'' that resulted in the cost
increase for the hospital replacement project.
(2) A description of the specific actions taken to
prevent further schedule delays and cost increases on
this project as well as lessons learned that will be
applied to future hospital projects.
(3) A description of any ongoing or completed
proceedings or investigation into a government
employee, prime contractor, subcontractor, or non-
governmental organization that may be responsible for
the delay and cost increases, and the status of such
proceeding or investigation.
(4) If any proceeding or investigation identified
in paragraph (3) resulted in final judicial or
administrative action, the following:
(A) In the case of a judicial or
administrative action taken against a
government employee, the report shall identify
the individual's organization, name, position
within the organization, and the action taken
against the individual.
(B) In the case of a judicial or
administrative action taken against a prime
contractor, subcontractor, or non-governmental
organization, the report shall identify the
prime contractor, subcontractor, or non-
governmental organization and the action taken
against the prime contractor, subcontractor, or
non-governmental organization.
(5) A summary of any changes the Inspector General
believes may be required to the organizational
structure, project management and oversight practices,
policy, or authorities of a government organization
involved in military construction projects as a result
of problems identified and lessons learned from this
project.
(c) Supplemental Report on Ongoing Proceedings and
Investigations.--If any proceeding or investigation described
in subsection (b)(3) is still ongoing at the time the Inspector
General submits the report required by subsection (a), the
Inspector General shall provide a supplemental report to the
congressional defense committees not later than 30 days after
such proceeding or investigation has been completed. If such
proceeding or investigation resulted in final judicial or
administrative action against a government employee, prime
contractor, subcontractor, or non-governmental organization,
the Inspector General shall include in the supplemental report
the information required by subsection (b)(4).
SEC. 2824. REPORT ON COST INCREASE AND DELAY RELATED TO USSTRATCOM
COMMAND AND CONTROL FACILITY PROJECT AT OFFUTT AIR
FORCE BASE.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Inspector General of the
Department of Defense shall submit to the congressional defense
committees a report on design errors and omissions related to
the construction of the USSTRATCOM command and control facility
project at Offutt Air Force Base.
(b) Elements.--The report required under subsection (a)
shall include the following elements:
(1) The identification of the specific reasons that
have been used to explain the 16-month schedule delay
and 10 percent cost increase for the project.
(2) A description of the specific actions taken to
prevent further schedule delays and cost increases on
this project as well as lessons learned that will be
applied to future projects.
(3) A description of any ongoing or completed
proceedings or investigation into a government
employee, prime contractor, subcontractor, or non-
governmental organization that may be responsible for
the delay and cost increases, and the status of such
proceeding or investigation.
(4) If any proceeding or investigation identified
in paragraph (3) resulted in final judicial or
administrative action, the following:
(A) In the case of a judicial or
administrative action taken against a
government employee, the report shall identify
the individual's organization, name, position
within the organization, and the action taken
against the individual.
(B) In the case of a judicial or
administrative action taken against a prime
contractor, subcontractor, or non-governmental
organization, the report shall identify the
prime contractor, subcontractor, or non-
governmental organization and the action taken
against the prime contractor, subcontractor, or
non-governmental organization.
(5) A summary of any changes the Inspector General
believes may be required to the organizational
structure, project management and oversight practices,
policy, or authorities of a government organization
involved in military construction projects as a result
of problems identified and lessons learned from this
project.
(c) Supplemental Report on Ongoing Proceedings and
Investigations.--If any proceeding or investigation described
in subsection (b)(3) is still ongoing at the time the Inspector
General submits the report required by subsection (a), the
Inspector General shall provide a supplemental report to the
congressional defense committees not later than 30 days after
such proceeding or investigation has been completed. If such
proceeding or investigation resulted in final judicial or
administrative action against a government employee, prime
contractor, subcontractor, or non-governmental organization,
the Inspector General shall include in the supplemental report
the information required by subsection (b)(4).
Subtitle D--Energy Resilience
SEC. 2831. ENERGY RESILIENCE.
(a) In General.--Section 2911 of title 10, United States
Code, is amended--
(1) in the section heading, by striking
``performance goals and master plan for'' and inserting
``policy of'';
(2) by redesignating subsections (a), (b), (c),
(d), and (e) as subsections (c), (d), (e), (f), and (g)
respectively;
(3) by inserting before subsection (c), as
redesignated by paragraph (2), the following new
subsections:
``(a) General Energy Policy.--The Secretary of Defense
shall ensure the readiness of the armed forces for their
military missions by pursuing energy security and energy
resilience.
``(b) Authorities.--In order to achieve the policy set
forth in subsection (a), the Secretary of Defense may--
``(1) require the Secretary of a military
department to establish and maintain an energy
resilience master plan for an installation;
``(2) authorize the use of energy security and
energy resilience, including the benefits of on-site
generation resources that reduce or avoid the cost of
backup power, as factors in the cost-benefit analysis
for procurement of energy; and
``(3) in selecting facility energy projects that
will use renewable energy sources, pursue energy
security and energy resilience by giving favorable
consideration to projects that provide power directly
to a military facility or into the installation
electrical distribution network.'';
(4) in subsection (e), as redesignated by paragraph
(2)--
(A) in paragraph (1), by inserting ``, the
future demand for energy, and the requirement
for the use of energy'' after ``energy'';
(B) by amending paragraph (2) to read as
follows:
``(2) Opportunities 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
(C) by adding at the end the following new
paragraph:
``(13) Opportunities to leverage third-party
financing to address installation energy needs.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 173 is amended by striking the item
relating to section 2911 and inserting the following new item:
``2911. Energy policy of the Department of Defense.''.
(c) Conforming Amendments.--Chapter 173 of title 10, United
States Code, is amended--
(1) in section 2914, by striking ``energy
resiliency'' each place it appears and inserting
``energy resilience'';
(2) in section 2915--
(A) by striking ``subsection (c)'' each
place it appears and inserting ``subsection
(e)''; and
(B) in subsection (e)(2)(C), by striking
``2911(b)(2)'' and inserting ``2911(d)(2)'';
(3) in section 2916(b)(2), by striking ``2911(b)''
and inserting ``2911(c)'';
(4) in section 2922b(a), by striking ``subsection
(c)'' and inserting ``subsection (e)'';
(5) in section 2922f(a), by striking ``subsection
(c)'' and inserting ``subsection (e)'';
(6) in section 2924--
(A) by striking paragraph (3); and
(B) by redesignating paragraphs (4), (5),
(6), and (7) as paragraphs (3), (4), (5), and
(6), respectively; and
(7) in section 2925(a)--
(A) in the heading, by striking
``Resiliency'' and inserting ``Energy
Resilience''; and
(B) in paragraph (1), by striking
``2911(e)'' and inserting ``2911(g)''.
(d) Definitions for Energy Resilience and Energy
Security.--Section 101(e) of title 10, United States Code, is
amended by adding at the end the following new paragraphs:
``(6) Energy resilience.--The term `energy
resilience' means the ability to avoid, prepare for,
minimize, adapt to, and recover from anticipated and
unanticipated energy disruptions in order to ensure
energy availability and reliability sufficient to
provide for mission assurance and readiness, including
task critical assets and other mission essential
operations related to readiness, and to execute or
rapidly reestablish mission essential requirements.
``(7) Energy security.--The term `energy security'
means having assured access to reliable supplies of
energy and the ability to protect and deliver
sufficient energy to meet mission essential
requirements.''.
SEC. 2832. AUTHORITY TO USE ENERGY COST SAVINGS FOR ENERGY RESILIENCE,
MISSION ASSURANCE, AND WEATHER DAMAGE REPAIR AND
PREVENTION MEASURES.
Section 2912(b)(1) of title 10, United States Code, is
amended by striking ``energy conservation and'' and inserting
``energy resilience, mission assurance, weather damage repair
and prevention, energy conservation, and''.
SEC. 2833. CONSIDERATION OF ENERGY SECURITY AND ENERGY RESILIENCE IN
AWARDING ENERGY AND FUEL CONTRACTS FOR MILITARY
INSTALLATIONS.
Section 2922a of title 10, United States Code, is amended
by adding at the end the following new subsection:
``(d) The Secretary concerned shall prioritize energy
security and resilience.''.
SEC. 2834. REQUIREMENT TO ADDRESS ENERGY RESILIENCE IN EXERCISING
UTILITY SYSTEM CONVEYANCE AUTHORITY.
Section 2688(g) of title 10, United States Code, is amended
by adding at the end the following new paragraphs:
``(3) The Secretary concerned may require in any contract
for the conveyance of a utility system (or part of a utility
system) under subsection (a) that the conveyee manage and
operate the utility system in a manner consistent with energy
resilience requirements and metrics provided to the conveyee to
ensure that the reliability of the utility system meets mission
requirements.
``(4) The Secretary of Defense, in consultation with the
Secretaries of the military departments, shall include in the
installation energy report submitted under section 2925(a) of
this title a description of progress in meeting energy
resilience metrics for all conveyance contracts entered into
pursuant to this section.''.
SEC. 2835. IN-KIND LEASE PAYMENTS; PRIORITIZATION OF UTILITY SERVICES
THAT PROMOTE ENERGY RESILIENCE.
Section 2667(c)(1)(D) of title 10, United States Code, is
amended by inserting ``, which shall prioritize energy
resilience in the event of commercial grid outages'' after
``Secretary concerned''.
SEC. 2836. ANNUAL DEPARTMENT OF DEFENSE ENERGY MANAGEMENT REPORTS.
Section 2925(a) of title 10, United States Code, is
amended--
(1) in paragraph (1), by inserting before the
period at the end the following: ``, including progress
on energy resilience at military installations
according to metrics developed by the Secretary'';
(2) by amending paragraph (3) to read as follows:
``(3) Details of all utility outages impacting
energy resilience at military installations (excluding
planned outages for maintenance reasons), whether
caused by on- or off-installation disruptions,
including the total number and location of outage, the
duration of the outage, the financial impact of the
outage, whether or not the mission was impacted, the
mission requirements associated with disruption
tolerances based on risk to mission, the responsible
authority managing the utility, and measure taken to
mitigate the outage by the responsible authority.'';
(3) by redesignating paragraph (4) as paragraph
(5); and
(4) by inserting after paragraph (3) the following
new paragraph:
``(4) Details of a military installation's total
energy requirements and critical energy requirements,
and the current energy resilience and emergency backup
systems servicing critical energy requirements,
including, at a minimum--
``(A) energy resilience and emergency
backup system power requirements;
``(B) the critical missions, facility, or
facilities serviced;
``(C) system service life;
``(D) capital, operations, maintenance, and
testing costs; and
``(E) other information the Secretary
determines necessary.''.
SEC. 2837. AGGREGATION OF ENERGY EFFICIENCY AND ENERGY RESILIENCE
PROJECTS IN LIFE CYCLE COST ANALYSES.
The Secretary of Defense or the Secretary of a military
department, when conducting life cycle cost analyses with
respect to investments designed to lower costs and reduce
energy and water consumption, shall aggregate energy efficiency
projects and energy resilience improvements as appropriate.
Subtitle E--Land Conveyances
SEC. 2841. LAND EXCHANGE, NAVAL INDUSTRIAL RESERVE ORDNANCE PLANT,
SUNNYVALE, CALIFORNIA.
(a) Land Exchange Authorized.--The Secretary of the Navy
may convey to an entity (in this section referred to as the
``Exchange Entity'') all right, title, and interest of the
United States in and to the parcel of real property, including
improvements thereon, comprising the Naval Industrial Reserve
Ordnance Plant (NIROP) located in Sunnyvale, California in
exchange for--
(1) real property, including improvements thereon,
that will replace the NIROP and meet the readiness
requirements of the Department of the Navy, as
determined by the Secretary; and
(2) relocation of contractor and Government
personnel and equipment from the NIROP to the
replacement facilities.
(b) Land Exchange Agreement.--
(1) In general.--The exchange authorized under
subsection (a) shall be governed by a land exchange
agreement that identifies the property to be exchanged
(including improvements thereon), the time period in
which the exchange will occur, and the roles and
responsibilities of the Secretary and the Exchange
Entity in carrying out the exchange.
(2) Compliance with environmental laws.--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 Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601).
(c) Valuation; Cash Equalization Payment if NIROP Value
Exceeds Value of Exchanged Property.--
(1) Valuation.--The values of the properties to be
exchanged by the Secretary and the Exchange Entity
under subsection (a) (including improvements thereon)
shall be determined by an independent appraiser
selected by the Secretary, and in accordance with the
Uniform Appraisal Standards for Federal Land
Acquisitions and the Uniform Standards of Professional
Appraisal Practice.
(2) Cash equalization payment.--If, as determined
in accordance with paragraph (1), the value of the
NIROP is greater than the combination of the value of
the property to be conveyed by the Exchange Entity
under subsection (a) and the relocation costs covered
by the Exchange Entity under such subsection, the
Exchange Entity shall make a cash equalization payment
to the Secretary to equalize the values. Nothing in
this paragraph may be construed to require the
Secretary to make a cash equalization payment to the
Exchange Entity if the value of the property to be
conveyed by the Exchange Entity and the relocation
costs covered by the Exchange Entity are greater than
the value of the NIROP.
(d) Payment of Costs of Conveyance.--The Secretary shall
require the Exchange Entity to pay costs incurred by the
Department of the Navy to carry out the exchange authorized
under subsection (a), including costs incurred for land
surveys, environmental documentation, the review of replacement
facilities design, real estate due diligence (including
appraisals), preparing and executing the agreement described in
subsection (b), and any other administrative costs related to
the exchange. If amounts are collected from the Exchange Entity
in advance of the Secretary incurring the actual costs and the
amount collected exceeds the costs actually incurred by the
Secretary to carry out the exchange under subsection (a), the
Secretary shall refund the excess amount to the Exchange
Entity.
(e) Treatment of Amounts Received.--Amounts received under
subsections (a), (c)(2), and (d) shall be used in accordance
with section 2695(c) of title 10, United States Code.
(f) Description of Property.--The exact legal description
of the property, including acreage, to be exchanged under
subsection (a) shall be determined by surveys satisfactory to
the Secretary.
(g) Relation to Other Military Construction Requirements.--
(1) Exclusion from treatment as military
construction project.--The acquisition or disposition
of any property pursuant to the exchange authorized
under subsection (a) shall not be treated as a military
construction project for which an authorization is
required by section 2802 of title 10, United States
Code, or for which reporting is required by section
2662 of such title.
(2) Exclusion of requirement for prior screening by
general services administration for additional federal
use.--Section 2696(b) of title 10, United States Code,
does not apply to the conveyance of any real property
pursuant to the exchange authorized under subsection
(a).
(h) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the exchange authorized under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
(i) Sunset.--The authority provided to the Secretary to
carry out the exchange under subsection (a) shall expire on
October 1, 2023.
SEC. 2842. LAND CONVEYANCE, MOUNTAIN HOME AIR FORCE BASE, IDAHO.
(a) Conveyance Authorized.--The Secretary of the Air Force
may convey to the City of Mountain Home, Idaho (in this section
referred to as the ``City''), all right, title, and interest of
the United States in and to a parcel of real property,
including improvements thereon, consisting of approximately
4.25 miles of railroad spur located near Mountain Home Air
Force Base, Idaho, as further described in subsection (c), for
the purpose of economic development.
(b) Consideration.--
(1) Consideration required.--As consideration for
the land conveyed under subsection (a), the City shall
pay to the Secretary an amount equal to the fair market
value of the land, as determined by an appraisal
approved by the Secretary. The City shall provide an
amount that is acceptable to the Secretary, whether by
cash payment, in-kind consideration as described under
paragraph (2), or a combination thereof.
(2) In-kind consideration.--In-kind consideration
provided by the City under paragraph (1) may include
the acquisition, construction, provision, improvement,
maintenance, repair, or restoration (including
environmental restoration), or combination thereof, of
any facility or infrastructure under the jurisdiction
of the Secretary.
(3) Treatment of consideration received.--
Consideration in the form of cash payment received by
the Secretary under paragraph (1) shall be deposited in
the separate fund in the Treasury described in section
572(a)(1) of title 40, United States Code.
(c) Map and Legal Description.--
(1) Finalizing legal descriptions.--As soon as
practicable after the date of the enactment of this
Act, the Secretary of the Air Force shall finalize a
map and the legal description of the property to be
conveyed under subsection (a).
(2) Minor errors.--The Secretary of the Air Force
may correct any minor errors in the map or the legal
description.
(3) Availability.--The map and legal description
shall be on file and available for public inspection.
(d) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary may require
the City to cover all costs (except costs for
environmental remediation of the property) to be
incurred by the Secretary, or to reimburse the
Secretary for costs incurred by the Secretary, to carry
out the conveyance under this section, including survey
costs, costs for environmental documentation, and any
other administrative costs related to the conveyance.
If amounts are collected from the City in advance of
the Secretary incurring the actual costs, and the
amount collected exceeds the costs actually incurred by
the Secretary to carry out the conveyance, the
Secretary shall refund the excess amount to the City.
(2) Treatment of amounts received.--Amounts
received under paragraph (1) as reimbursement for costs
incurred by the Secretary to carry out the conveyance
under subsection (a) shall be credited to the fund or
account that was used to cover the costs incurred by
the Secretary in carrying out the conveyance, or to an
appropriate fund or account currently available to the
Secretary for the purposes for which the costs were
paid. Amounts so credited shall be merged with amounts
in such fund or account and shall be available for the
same purposes, and subject to the same conditions and
limitations, as amounts in such fund or account.
(e) Use Reservation.--The Secretary may reserve a right to
temporarily use, for urgent reasons of national defense and at
no cost to the United States, all or a portion of the railroad
spur conveyed under subsection (a).
(f) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2843. LEASE OF REAL PROPERTY TO THE UNITED STATES NAVAL ACADEMY
ALUMNI ASSOCIATION AND NAVAL ACADEMY FOUNDATION AT
UNITED STATES NAVAL ACADEMY, ANNAPOLIS, MARYLAND.
(a) Authority.--The Secretary of the Navy may lease
approximately 3 acres at the United States Naval Academy in
Annapolis, Maryland to the United States Naval Academy Alumni
Association Inc. and the United States Naval Academy Foundation
Inc. (hereafter referred to as the ``lessees''), for the
purpose of enabling the lessees to construct, operate, and
maintain the Alumni Association and Foundation Center.
(b) Duration of Lease.--At the option of the Secretary of
the Navy, the lease entered into under this section shall be in
effect for 50 years. Upon the expiration of the lease, the
Secretary may extend the lease for such additional period as
the Secretary may determine.
(c) Payments Under Lease.--
(1) Amount of payments based on fair market
value.--The Secretary of the Navy shall require the
lessees to make payments under the lease entered into
under this section, in cash or in the form of in-kind
consideration, in an amount and form that reflects the
fair market value of the lease as determined by the
Secretary.
(2) Payments in the form of in-kind
consideration.--
(A) Timing.--To the extent that the lessees
make payments under the lease in the form of
in-kind consideration, such consideration may
be paid as a lump-sum payment for the entire
lease term, or any part thereof, or in annual
installments.
(B) Description of in-kind consideration.--
The in-kind consideration paid under the
lease--
(i) shall include the relocation of
any Naval Support Activity Annapolis
functions presently located on the land
to be leased to alternate locations
deemed sufficient by the Secretary; and
(ii) may include annual support
(including cash, real property, or
personal property) provided by the
lessees after the date the lease is
executed, to be used for the benefit
of, or for use in connection with, the
Naval Academy.
(d) Retention and Use of Funds.--Funds received under the
lease entered into under this section may be retained for use
in support of the Naval Academy and to cover expenses incurred
by the Secretary of the Navy in managing the lease.
(e) Leaseback Prohibited.--During the period in which the
lease entered into under this section is in effect, the
Secretary of the Navy may not lease any of the space
constructed by the lessees on the property leased under this
section.
(f) Payment of Costs of Entering Into and Managing Lease.--
(1) Payment required.--The Secretary of the Navy
shall require the lessees to cover the costs to be
incurred by the Secretary, or to reimburse the
Secretary for such costs incurred by the Secretary, in
entering into and managing the lease under this
section, including survey costs, costs for
environmental documentation, and any other
administrative costs related to the lease (as defined
in section 2667 of title 10, United States Code). Any
expenses incurred by the lessees pursuant to this
provision may be considered in-kind consideration for
purposes of subsection (c)(2) and may be credited
against any payments due during the term of the lease.
(2) Treatment of amounts received.--Amounts
received as reimbursement under paragraph (1) shall be
credited to the fund or account that was used to cover
those costs incurred by the Secretary in entering into
and managing the lease. Amounts so credited shall be
merged with amounts in such fund or account, and shall
be available for the same purposes, and subject to the
same conditions and limitations, as amounts in such
fund or account. If amounts are collected from the
lessees in advance of the Secretary incurring the
actual costs, and the amount collected exceeds the
costs actually incurred by the Secretary in entering
into and managing the lease, the Secretary may refund
the excess amount to the lessees.
(g) Description of Property.--The exact acreage and legal
description of the property to be leased under this section
shall be determined by a survey satisfactory to the Secretary
of the Navy, and may include property currently used for public
purposes.
(h) Additional Terms and Conditions.--The Secretary of the
Navy may require such additional terms and conditions in
connection with the lease entered into under this section as
the Secretary considers appropriate to protect the interests of
the United States.
SEC. 2844. LAND CONVEYANCE, NATICK SOLDIER SYSTEMS CENTER,
MASSACHUSETTS.
(a) Conveyance Authorized.--The Secretary of the Army may
sell and convey all right, title, and interest of the United
States in and to parcels of real property, consisting of
approximately 98 acres and improvements thereon, located in the
vicinity of Hudson, Wayland, and Needham, Massachusetts, that
are the sites of military family housing supporting military
personnel assigned to the United States (U.S.) Army Natick
Soldier Systems Center.
(b) Competitive Sale Requirement.--The Secretary shall use
competitive procedures for the sale authorized by subsection
(a).
(c) Consideration.--
(1) Consideration required.--The Secretary shall
require as consideration for conveyance under
subsection (a), tendered by cash payment, an amount
equal to no less than the fair market value, as
determined by the Secretary, of the real property and
any improvements thereon.
(2) Cash payments.--
(A) Cash payments deposited in a special
account.--Cash payments provided as
consideration under this subsection shall be
deposited in a special account in the Treasury
established for the Secretary.
(B) Use of funds in special account.--The
Secretary is authorized to use funds deposited
in the special account established under
subparagraph (A) for--
(i) demolition of existing military
family housing on the U.S. Army Natick
Soldier Systems Center (other than
housing on property conveyed under
subsection (a)) that the Secretary
determines necessary to accommodate
construction of military family housing
or unaccompanied soldier housing to
support military personnel assigned to
the U.S. Army Natick Soldier Systems
Center;
(ii) construction or rehabilitation
of military family housing or
unaccompanied soldier housing to
support military personnel assigned to
the U.S. Army Natick Soldier Systems
Center; or
(iii) construction of ancillary
supporting facilities (as that term is
defined in section 2871(1) of title 10,
United States Code) to support military
personnel assigned to the U.S. Army
Natick Soldier Systems Center.
(C) Cash consideration not used prior to
october 1, 2025.--Cash payments provided as
consideration under this subsection that are
received by the Secretary and not used by the
Secretary for purposes authorized by
subparagraph (B) prior to October 1, 2025,
shall be transferred to an account in the
Treasury established pursuant to section 2883
of title 10, United States Code.
(d) Description of Parcels.--The exact acreage and legal
description of the parcels to be conveyed under subsection (a)
shall be determined by a survey that is satisfactory to the
Secretary. The cost of the survey shall be borne by the
recipient of the parcels.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
(f) Inapplicability of Certain Provisions of Law.--The
conveyance of property under this section shall not be subject
to section 2696 of title 10, United States Code.
(g) Definition of Secretary.--In this section the term
``Secretary'' means the Secretary of the Army.
SEC. 2845. LAND EXCHANGE, NAVAL AIR STATION CORPUS CHRISTI, TEXAS.
(a) Land Exchange Authorized.--The Secretary of the Navy
(in this section referred to as the ``Secretary'') may convey
to the City of Corpus Christi, Texas (in this section referred
to as the ``City''), all right, title, and interest of the
United States in and to a parcel of real property, including
improvements thereon, consisting of approximately 44 acres
known as the Peary Place Transmitter Site in Nueces County
associated with Naval Air Station Corpus Christi, Texas.
(b) Consideration.--As consideration for the conveyance
under subsection (a), the City shall convey to the Secretary
its real property interests either adjacent or proximate, and
causing an encroachment concern as determined by the Secretary,
to Naval Air Station Corpus Christi, Naval Outlying Landing
Field Waldron and Naval Outlying Landing Field Cabaniss.
(c) Land Exchange Agreement.--The Secretary and the City
may enter into a land exchange agreement to implement this
section.
(d) Valuation.--The value of each property interest to be
exchanged by the Secretary and the City described in
subsections (a) and (b) shall be determined--
(1) by an independent appraiser selected by the
Secretary; and
(2) in accordance with the Uniform Appraisal
Standards for Federal Land Acquisitions and the Uniform
Standards of Professional Appraisal Practice.
(e) Cash Equalization Payments.--
(1) To the secretary.--If the value of the property
interests described in subsection (a) is greater than
the value of the property interests described in
subsection (b), the values shall be equalized through a
cash equalization payment from the City to the
Department of the Navy.
(2) No equalization.--If the value of the property
interests described in subsection (b) is greater than
the value of the property interests described in
subsection (a), the Secretary shall not make a cash
equalization payment to equalize the values.
(f) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary shall require
the City to pay costs to be incurred by the Secretary
to carry out the exchange of property interests under
this section, including those costs related to land
survey, environmental documentation, real estate due
diligence such as appraisals, and any other
administrative costs related to the exchange of
property interests to include costs incurred preparing
and executing the land exchange agreement authorized
under subsection (c). If amounts are collected from the
City in advance of the Secretary incurring the actual
costs and the amount collected exceeds the costs
actually incurred by the Secretary to carry out the
exchange of property interests, the Secretary shall
refund the excess amount to the City.
(2) Treatment of amounts received.--Amounts
received as reimbursement under paragraph (1) above
shall be used in accordance with section 2695(c) of
title 10, United States Code.
(g) Description of Property.--The exact acreage and legal
description of the property interests to be exchanged under
this section shall be determined by surveys satisfactory to the
Secretary.
(h) Conveyance Agreement.--The exchange of real property
interests under this section shall be accomplished using an
appropriate legal instrument and upon terms and conditions
mutually satisfactory to the Secretary and the City, including
such additional terms and conditions as the Secretary considers
appropriate to protect the interests of the United States.
(i) Exemption From Screening Requirements for Additional
Federal Use.--The authority under this section is exempt from
the screening process required under section 2696(b) of title
10, United States Code.
(j) Sunset Provision.--The authority under this section
shall expire on October 1, 2019, unless the Secretary and the
City have signed a land exchange agreement described in
subsection (c).
SEC. 2846. IMPOSITION OF ADDITIONAL CONDITIONS ON FUTURE USE OF CASTNER
RANGE, FORT BLISS, TEXAS.
Section 2844 of the Military Construction Authorization Act
for Fiscal Year 2013 (division B of Public Law 112-239; 126
Stat. 2157) is amended by adding at the end the following new
subsection:
``(e) Additional Conditions on Future Use of Castner
Range.--
``(1) Conditions.--To protect and conserve
ecological, scenic, wildlife, recreational, cultural,
historical, natural, educational, and scientific
resources within the real property described in
subsection (a), subject to rights and improvements in
existence as of December 31, 2017, there shall be no
commercial enterprise, no permanent road, no temporary
road, no use of motor vehicles or motorized equipment,
no landing of aircraft, no other form of mechanical
transport, and no structure, building or installation
of any kind, except measures required to protect the
health and safety of persons.
``(2) Applicability of conditions.--
``(A) Paragraph (1) applies to use of the
real property by the Secretary or any successor
in interest including the head of another
federal agency or a non-federal entity.
``(B) The Secretary, or head of any other
federal agency, shall include the conditions
set forth in paragraph (1) in the conveyance
authorized by subsection (a), or any conveyance
of the property described in subsection (a), or
any portion thereof, to any other non-federal
entity.
``(3) Noncompliance.--Subsection (b) shall apply to
a determination by the Secretary, or head of any other
federal agency, that a non-federal entity to whom the
property described in subsection (a) or any portion
thereof has been conveyed, or any successor in
interest, has not complied with paragraph (1).
``(4) Military munitions.--The Secretary shall
conduct military munitions response actions on the real
property described in subsection (a) in accordance with
the Comprehensive Environmental Response Compensation
and Liability Act of 1980 and consistent with the
limited recreational, non-residential, non-commercial
conditions on future use set forth in paragraph (1).
These munitions response actions shall also minimize
disturbance of natural and cultural resources present
on the real property described in subsection (a).''.
SEC. 2847. LAND CONVEYANCE, FORMER MISSILE ALERT FACILITY KNOWN AS
QUEBEC-01, LARAMIE COUNTY, WYOMING.
(a) Conveyance Authorized.--The Secretary of the Air Force
may convey, without consideration, to the State of Wyoming (in
this section referred to as the ``State''), all right, title,
and interest of the United States in and to the real property,
including any improvements thereon, consisting of the former
Missile Alert Facility (MAF) known as ``Quebec-01,'' located in
Laramie County, Wyoming, for the purpose of operating a
historical site, interpretive center, or museum.
(b) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary of the Air
Force may require the State to cover costs to be
incurred by the Secretary, or to reimburse the
Secretary for such costs incurred by the Secretary, to
carry out the conveyance under subsection (a),
including survey costs, costs for environmental
documentation, and any other administrative costs
related to the conveyance. If amounts are collected
from the State in advance of the Secretary incurring
the actual costs, and the amount collected exceeds the
costs actually incurred by the Secretary to carry out
the conveyance, the Secretary shall refund the excess
amount to the State.
(2) Treatment of amounts received.--Amounts
received as reimbursement under paragraph (1) shall be
credited to the fund or account that was used to cover
those costs incurred by the Secretary in carrying out
the conveyance, or if such fund or account has expired
at the time of credit, to an appropriate appropriation,
fund, or account currently available to the Secretary
for the purposes for which the costs were paid. Amounts
so credited shall be merged with amounts in such
appropriation, fund, or account, and shall be available
for the same purpose, and subject to the same
conditions and limitations, as amounts in such fund or
account.
(c) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary
of the Air Force.
(d) Reversionary Interest.--If the Secretary of the Air
Force determines at any time that the real property conveyed
under subsection (a) is not being used in accordance with the
purpose of the conveyance specified in subsection (a), all
right, title, and interest in and to such real property,
including any improvements thereto, shall, at the option of the
Secretary, revert to and become the property of the United
States, and the United States shall have the right of immediate
entry onto such real property. A determination by the Secretary
under this subsection shall be made on the record after an
opportunity for a hearing.
(e) Additional Terms.--The Secretary of the Air Force may
require such additional terms and conditions in connection with
the conveyance as the Secretary considers appropriate to
protect the interests of the United States.
Subtitle F--Military Memorials, Monuments, and Museums
SEC. 2861. RECOGNITION OF THE NATIONAL MUSEUM OF WORLD WAR II AVIATION.
(a) Recognition.--The National Museum of World War II
Aviation in Colorado Springs, Colorado, is recognized as
America's National World War II Aviation Museum.
(b) Effect of Recognition.--The National Museum recognized
by this section is not a unit of the National Park System, and
the recognition of the National Museum shall not be construed
to require or permit Federal funds to be expended for any
purpose related to the National Museum.
SEC. 2862. PRINCIPAL OFFICE OF AVIATION HALL OF FAME.
Section 23107 of title 36, United States Code, is amended
by striking ``Dayton,'' and all that follows through
``trustees'' and inserting ``Ohio''.
SEC. 2863. ESTABLISHMENT OF A VISITOR SERVICES FACILITY ON THE
ARLINGTON RIDGE TRACT.
(a) Arlington Ridge Tract Defined.--In this section, the
term ``Arlington Ridge tract'' means the parcel of Federal land
located in Arlington County, Virginia, known as the ``Nevius
Tract'' and transferred to the Department of the Interior in
1953, that is bounded generally by--
(1) Arlington Boulevard (United States Route 50) to
the north;
(2) Jefferson Davis Highway (Virginia Route 110) to
the east;
(3) Marshall Drive to the south; and
(4) North Meade Street to the west.
(b) Establishment of Visitor Services Facility.--
Notwithstanding section 2863(g) of the Military Construction
Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115
Stat. 1332), the Secretary of the Interior may construct a
structure for visitor services, including a public restroom
facility, on the Arlington Ridge tract in the area of the
United States Marine Corps War Memorial.
SEC. 2864. MODIFICATION OF PROHIBITION ON TRANSFER OF VETERANS MEMORIAL
OBJECTS TO FOREIGN GOVERNMENTS WITHOUT SPECIFIC
AUTHORIZATION IN LAW.
(a) Description of Objects.--Paragraph (2)(B)(iii) of
section 2572(e) of title 10, United States Code, is amended by
striking ``from abroad'' and inserting ``from abroad before
1907''.
(b) Extension of Prohibition.--Paragraph (3)(B) of section
2572(e) of such title is amended by striking ``September 30,
2017'' and inserting ``September 30, 2022''.
(c) Permitting Transfer of Bells of Balangiga.--
(1) In general.--Notwithstanding section 2572(e) of
title 10, United States Code, the President may
transfer the veterans memorial object known as the
``Bells of Balangiga'' to the Republic of the
Philippines if the Secretary of Defense certifies to
Congress that--
(A) the transfer of the object is in the
national security interests of the United
States; and
(B) appropriate steps have been taken to
preserve the history of the veterans associated
with the object, including consultation with
associated veterans organizations and
government officials in the State of Wyoming,
as appropriate.
(2) Timing of transfer.--The President may not
carry out the transfer described in this subsection
until at least 90 days after the Secretary of Defense
provides Congress with the certification required under
paragraph (1).
(d) Effective Date.--The amendments made by this section
shall take effect October 1, 2017.
Subtitle G--Other Matters
SEC. 2871. AUTHORITY OF THE SECRETARY OF THE AIR FORCE TO ACCEPT LESSEE
IMPROVEMENTS AT AIR FORCE PLANT 42.
(a) Acceptance of Lessee Improvements at Air Force Plant
42.--A lease of Air Force Plant 42, in whole or part, may
permit the lessee, with the approval of the Secretary of the
Air Force, to alter, expand, or otherwise improve the plant or
facility as necessary for the development or production of
military weapons systems, munitions, components, or supplies.
Such lease may provide, notwithstanding section 2802 of title
10, United States Code, that such alteration, expansion or
other improvement shall, upon completion, become the property
of the Federal Government, regardless of whether such
alteration, expansion, or other improvement constitutes all or
part of the consideration for the lease pursuant to section
2667(b)(5) of such title or represents a reimbursable cost
allocable to any contract, cooperative agreement, grant, or
other instrument with respect to activity undertaken at Air
Force Plant 42.
(b) Congressional Notification.--When a decision is made to
approve a project to which subsection (a) applies costing more
than the threshold specified under section 2805(c) of such
title, the Secretary of the Air Force shall notify the
congressional defense committees in writing of that decision,
the justification for the project, and the estimated cost of
the project. The Secretary may not carry out the project until
the end of the 21-day period beginning on the date the
congressional defense committees receive such notification or,
if earlier, the end of the 14-day period beginning on the date
on which a copy of the notification is provided in an
electronic medium pursuant to section 480 of such title.
SEC. 2872. MODIFICATION OF DEPARTMENT OF DEFENSE GUIDANCE ON USE OF
AIRFIELD PAVEMENT MARKINGS.
(a) Modification Required.--Except as provided in
subsection (b), the Secretary of Defense shall require such
modifications of Unified Facilities Guide Specifications for
pavement markings (UFGS 32 17 23.00 20 Pavement Markings, UFGS
32 17 24.00 10 Pavement Markings), Air Force Engineering
Technical Letter ETL 97-18 (Guide Specification for Airfield
and Roadway Marking), and any other Department of Defense
guidance on airfield pavement markings as may be necessary to
prohibit the use of Type I glass beads or any glass beads with
a 1.6 refractive index or less from use on airfield markings on
airfields under the control of the Secretary.
(b) Exception.--Subsection (a) shall not apply if the
Secretary of the Air Force submits a certification to the
congressional defense committees that, whenever a proposed
contract for airfield pavement markings includes the use of
Type I and Type III glass beads, the assessment of the life-
cycle costs associated with the use of such beads appropriately
considers the local site conditions, life-cycle cost
maintenance, environmental impact, operational requirements,
and the safety of flight.
(c) Effective Date.--The modifications required under
subsection (a) shall apply with respect to procurements
occurring after September 30, 2018.
SEC. 2873. AUTHORITY OF CHIEF OPERATING OFFICER OF ARMED FORCES
RETIREMENT HOME TO ACQUIRE AND LEASE PROPERTY.
(a) Acquisition of Property.--Section 1511(e) of the Armed
Forces Retirement Home Act of 1991 (24 U.S.C. 411(e)) is
amended--
(1) in paragraph (2)--
(A) by striking ``Secretary of Defense may
acquire,'' and inserting ``Chief Operating
Officer may acquire,''; and
(B) by striking ``Secretary may acquire''
and inserting ``Chief Operating Officer may
acquire''; and
(2) in paragraph (3)--
(A) by striking ``Secretary of Defense
determines'' and inserting ``Chief Operating
Officer determines''; and
(B) by striking ``Secretary shall dispose''
and inserting ``Chief Operating Officer shall
dispose''.
(b) Leasing of Non-excess Property.--Subsection (i) of
section 1511 of such Act (24 U.S.C. 411(i)) is amended--
(1) in paragraph (1)--
(A) by striking ``Whenever'' and inserting
``Subject to the approval of the Secretary of
Defense, whenever'';
(B) by striking ``Secretary of Defense
(acting on behalf of the Chief Operating
Officer)'' and inserting ``Chief Operating
Officer''; and
(C) by striking ``Secretary considers'' and
inserting ``Chief Operating Officer
considers'';
(2) in paragraph (5), by striking ``the Secretary
of Defense may not enter into the lease on behalf of
the Chief Operating Officer'' and inserting ``the Chief
Operating Officer may not enter into the lease''; and
(3) in subparagraph (A) of paragraph (6), by
striking ``Secretary of Defense'' and inserting ``Chief
Operating Officer''.
SEC. 2874. RESTRICTIONS ON REHABILITATION OF OVER-THE-HORIZON
BACKSCATTER RADAR STATION.
(a) Restrictions.--Except as provided in subsection (b),
the Secretary of the Air Force may not use any funds or
resources to carry out the rehabilitation of the Over-the-
Horizon Backscatter Radar Station on Modoc National Forest land
in Modoc County, California.
(b) Exception for Removal of Perimeter Fence.--
Notwithstanding subsection (a), the Secretary may use funds and
resources to remove the perimeter fence surrounding the Over-
the-Horizon Backscatter Radar Station and to carry out the
mitigation of soil contamination associated with such fence.
(c) Sunset.--Subsection (a) shall terminate on the date of
the enactment of the National Defense Authorization Act for
Fiscal Year 2019.
SEC. 2875. PERMITTING MACHINE ROOM-LESS ELEVATORS IN DEPARTMENT OF
DEFENSE FACILITIES.
(a) In General.--The Secretary of Defense shall issue
modifications to all relevant construction and facilities
specifications to ensure that machine room-less elevators
(MRLs) are not prohibited in buildings and facilities
throughout the Department of Defense, including modifications
to the Unified Facilities Guide Specifications (UFGS), the
Naval Facilities Engineering Command Interim Technical
Guidance, and the Army Corps of Engineers Engineering and
Construction Bulletin.
(b) Conforming to Best Practices.--In addition to the
modifications required under subsection (a), the Secretary may
issue further modifications to conform generally with
commercial best practices as reflected in the safety code for
elevators and escalators as issued by the American Society of
Mechanical Engineers.
(c) Deadlines.--The Secretary shall promulgate interim MRL
standards not later than 180 days after the date of the
enactment of this Act, and shall issue final and formal MRL
specifications not later than 1 year after the date of the
enactment of this Act.
(d) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall issue a report to
the congressional defense committees on the integration and
utilization of MRLs, including information on quantity,
location, problems, and successes.
SEC. 2876. DISCLOSURE OF BENEFICIAL OWNERSHIP BY FOREIGN PERSONS OF
HIGH SECURITY SPACE LEASED BY THE DEPARTMENT OF
DEFENSE.
(a) Identification of Beneficial Ownership.--Before
entering into a lease agreement with a covered entity for
accommodation of a military department or Defense Agency in a
building (or other improvement) that will be used for high-
security leased space, the Department of Defense shall require
the covered entity to--
(1) identify each beneficial owner of the covered
entity by--
(A) name;
(B) current residential or business street
address; and
(C) in the case of a United States person,
a unique identifying number from a nonexpired
passport issued by the United States or a
nonexpired drivers license issued by a State;
and
(2) disclose to the Department of Defense any
beneficial owner of the covered entity that is a
foreign person.
(b) Required Disclosure.--
(1) Initial disclosure.--The Secretary of Defense
shall require a covered entity to provide the
information required under subsection (a), when first
submitting a proposal in response to a solicitation for
offers issued by the Department.
(2) Updates.--The Secretary of Defense shall
require a covered entity to update a submission of
information required under subsection (a) not later
than 60 days after the date of any change in--
(A) the list of beneficial owners of the
covered entity; or
(B) the information required to be provided
relating to each such beneficial owner.
(c) Precautions.--If a covered entity discloses a foreign
person as a beneficial owner of a building (or other
improvement) from which the Department of Defense is leasing
high-security leased space, the Department of Defense shall
notify the tenant of the space to take appropriate security
precautions.
(d) Definitions.--
(1) Beneficial owner.--
(A) In general.--The term beneficial
owner--
(i) means, with respect to a
covered entity, each natural person
who, directly or indirectly--
(I) exercises control over
the covered entity through
ownership interests, voting
rights, agreements, or
otherwise; or
(II) has an interest in or
receives substantial economic
benefits from the assets of the
covered entity; and
(ii) does not include, with respect
to a covered entity--
(I) a minor child;
(II) a person acting as a
nominee, intermediary,
custodian, or agent on behalf
of another person;
(III) a person acting
solely as an employee of the
covered entity and whose
control over or economic
benefits from the covered
entity derives solely from the
employment status of the
person;
(IV) a person whose only
interest in the covered entity
is through a right of
inheritance, unless the person
otherwise meets the definition
of ``beneficial owner'' under
this paragraph; and
(V) a creditor of the
covered entity, unless the
creditor otherwise meets the
requirements of ``beneficial
owner'' described above.
(B) Anti-abuse rule.--The exceptions under
subparagraph (A)(ii) shall not apply if used
for the purpose of evading, circumventing, or
abusing the requirements of this section.
(2) Covered entity.--The term ``covered entity''
means a person, copartnership, corporation, or other
public or private entity.
(3) Foreign person.--The term ``foreign person''
means an individual who is not a United States person
or an alien lawfully admitted for permanent residence
into the United States.
(4) High-security leased space.--The term ``high-
security leased space'' means a space leased by the
Department of Defense that has a security level of III,
IV, or V, as determined in accordance with the
Interagency Security Committee Risk Management Process.
(5) United states person.--The term ``United States
person'' means a natural person who is a citizen of the
United States or who owes permanent allegiance to the
United States.
SEC. 2877. JOINT USE OF DOBBINS AIR RESERVE BASE, MARIETTA, GEORGIA,
WITH CIVIL AVIATION.
(a) In General.--The Secretary of the Air Force may enter
into an agreement that would provide or permit the joint use of
Dobbins Air Reserve Base, Marietta, Georgia, by the Air Force
and civil aircraft.
(b) Conforming Repeal.--Section 312 of the National Defense
Authorization Act, Fiscal Year 1989 (Public Law 100-456; 102
Stat. 1950) is hereby repealed.
SEC. 2878. REPORT ON HURRICANE DAMAGE TO DEPARTMENT OF DEFENSE ASSETS.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on
damage to Department of Defense assets and installations from
hurricanes during 2017.
(b) Elements.--The report required under subsection (a)
shall include the following elements:
(1) The results of a storm damage assessment.
(2) A description of affected military
installations and assets.
(3) A request for funding to initiate the repair
and replacement of damaged facilities and assets,
including necessary upgrades to existing facilities to
make them compliant with current hurricane standards,
and to cover any unfunded requirements for military
construction at affected military installations.
(4) An adaptation plan to ensure military
installations funded with taxpayer dollars are
constructed to better withstand flooding and extreme
weather events.
SEC. 2879. SPECIAL RULES FOR CERTAIN PROJECTS.
(a) Conditions on Use of Funds for Kwajalein Project.--
(1) Conditions described.--The military family
housing replacement project at Kwajalein Atoll (as
included under title XXI) shall be subject to the
following conditions:
(A) The project shall provide for the
construction of at least 26 family housing
units.
(B) The housing units may be used to house
only military personnel, other Federal
employees, and their dependents.
(C) If the costs of the project exceed the
amount authorized for the project under title
XXI, in addition to meeting the requirements of
section 2853 of title 10, United States Code
(as amended by this Act), the Secretary of the
Army shall submit a separate report to the
congressional defense committees which contains
the following:
(i) A detailed explanation of why
the costs of the project exceeded such
authorized amount.
(ii) A description of the specific
actions taken to prevent further cost
increases on this project and lessons
learned that will be applied to future
projects at this location.
(iii) A summary of alternatives
considered to keep the cost of the
project from exceeding such authorized
amount.
(2) Report on alternatives for funding contractor
workforce.--Not later than 180 days after the date of
enactment of this Act, the Secretary of the Army shall
submit a report to the congressional defense committees
detailing options under consideration to meet the
requirements for a housing contractor workforce at
Kwajalein Atoll which do not rely on the use of
military construction funds for the costs of such a
workforce.
(b) Limitation on Certain Guam Project.--The Secretary of
the Navy may not carry out any construction activity on the
project on Guam known as the ``Replace Andersen Housing Phase
II'' project (as included under title XXII) until the
expiration of the 30-day period which begins on the date the
Secretary submits to the congressional defense committees a
report certifying the following:
(1) Either a sufficient workforce of contractors or
subcontractors is in place on Guam, or the Secretary
has a plan in place to ensure that a sufficient
workforce of contractors or subcontractors will be in
place on Guam, to perform the work required by the
scope of the project.
(2) A contract has been awarded for each of the
following military construction projects authorized by
this Act, either as a separate contract or as a joint
contract with the Replace Andersen House Phase II
project:
(A) Corrosion Control Hangar, Joint Region
Marianas.
(B) Aircraft Maintenance Hanger #2, Joint
Region Marianas.
(C) MALS Facilities, Joint Region Marianas.
(D) Water Well Field, Joint Region
Marianas.
(E) Navy-Commercial Tie-In Hardening, Joint
Region Marianas.
SEC. 2880. ENERGY SECURITY FOR MILITARY INSTALLATIONS IN EUROPE.
(a) Authority.--The Secretary of Defense shall take
appropriate measures, to the extent practicable, to--
(1) reduce the dependency of all United States
military installations in Europe on energy sourced
inside Russia; and
(2) ensure that all United States military
installations in Europe are able to sustain operations
in the event of a supply disruption.
(b) Certification Requirement.--Not later than December 31,
2021, the Secretary of Defense shall certify to the
congressional defense committees whether or not at United
States military installations in Europe the Department of
Defense--
(1) has taken significant steps to minimize to the
extent practicable the dependency on energy sourced
inside the Russian Federation at such installations;
and
(2) has the ability to sustain mission critical
operations during an energy supply disruption.
(c) Definition of Energy Sources Inside Russia.--In this
section, the term ``energy sourced inside Russia'' means energy
that is produced, owned, or facilitated by companies that are
located in the Russian Federation or owned or controlled by the
Government of the Russian Federation.
TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION
Sec. 2901. Authorized Army construction and land acquisition projects.
Sec. 2902. Authorized Navy construction and land acquisition project.
Sec. 2903. Authorized Air Force construction and land acquisition
project.
Sec. 2904. Authorized Defense Agencies construction and land acquisition
project.
Sec. 2905. Authorization of appropriations.
Sec. 2906. Extension of authorization of certain fiscal year 2015
projects.
SEC. 2901. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
The Secretary of the Army may acquire real property and
carry out the military construction projects for the
installations outside the United States, and in the amounts,
set forth in the following table:
Army: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Location Amount
----------------------------------------------------------------------------------------------------------------
Cuba............................................ Guantanamo................................. $115,000,000
Turkey.......................................... Various Locations.......................... $6,400,000
----------------------------------------------------------------------------------------------------------------
SEC. 2902. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECT.
The Secretary of the Navy may acquire real property and
carry out the military construction projects for the
installation outside the United States, and in the amount, set
forth in the following table:
Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Location Amount
----------------------------------------------------------------------------------------------------------------
Djibouti........................................ Camp Lemonnier............................. $13,390,000
----------------------------------------------------------------------------------------------------------------
SEC. 2903. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECT.
The Secretary of the Air Force may acquire real property
and carry out the military construction projects for the
installations outside the United States, and in the amounts,
set forth in the following table:
Air Force: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Location Amount
----------------------------------------------------------------------------------------------------------------
Estonia......................................... Amari Air Base............................. $13,900,000
Hungary......................................... Kecskemet Air Base......................... $55,400,000
Iceland......................................... Keflavik................................... $14,400,000
Italy........................................... Aviano Air Base............................ $27,325,000
Jordan.......................................... Azraq...................................... $143,000,000
Latvia.......................................... Lielvarde Air Base......................... $3,850,000
Luxembourg...................................... Sanem...................................... $67,400,000
Norway.......................................... Rygge...................................... $10,300,000
Qatar........................................... Al Udeid................................... $15,000,000
Romania......................................... Campia Turzii.............................. $2,950,000
Slovakia........................................ Silac Airport.............................. $22,000,000
Malacky.................................... $24,000,000
Turkey.......................................... Incirlik Air Base.......................... $48,697,000
----------------------------------------------------------------------------------------------------------------
SEC. 2904. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECT.
The Secretary of Defense may acquire real property and
carry out the military construction project for the
installation outside the United States, and in the amount, set
forth in the following table:
Defense Agencies: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Location Amount
----------------------------------------------------------------------------------------------------------------
Italy........................................... Sigonella.................................. $22,400,000
----------------------------------------------------------------------------------------------------------------
SEC. 2905. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2017, for the military
construction projects outside the United States authorized by
this title as specified in the funding table in section 4602.
SEC. 2906. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2015
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2015
(division B of Public Law 113-291; 128 Stat. 3669), the
authorizations set forth in the table in subsection (b), as
provided in section 2902 of that Act (128 Stat. 3717), shall
remain in effect until October 1, 2018, or the date of the
enactment of an Act authorizing funds for military construction
for fiscal year 2019, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:
Extension of 2015 Air Force OCO Project Authorizations
----------------------------------------------------------------------------------------------------------------
Country Installation Project Amount
----------------------------------------------------------------------------------------------------------------
Italy................................ Camp Darby............. ERI: Improve Weapons $44,500,000
Storage Facility.
Poland............................... Lask Air Base.......... ERI: Improve Support $22,400,000
Infrastructure.
----------------------------------------------------------------------------------------------------------------
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs and Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Nuclear energy.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Nuclear security enterprise infrastructure modernization
initiative.
Sec. 3112. Incorporation of integrated surety architecture in
transportation.
Sec. 3113. Cost estimates for life extension program and major
alteration projects.
Sec. 3114. Improved information relating to certain defense nuclear
nonproliferation programs.
Sec. 3115. Research and development of advanced naval reactor fuel based
on low-enriched uranium.
Sec. 3116. National Nuclear Security Administration pay and performance
system.
Sec. 3117. Budget requests and certification regarding nuclear weapons
dismantlement.
Sec. 3118. Nuclear warhead design competition.
Sec. 3119. Modification of minor construction threshold for plant
projects.
Sec. 3120. Extension of authorization of Advisory Board on Toxic
Substances and Worker Health.
Sec. 3121. Use of funds for construction and project support activities
relating to MOX facility.
Sec. 3122. Prohibition on availability of funds for programs in Russian
Federation.
Subtitle C--Plans and Reports
Sec. 3131. Annual Selected Acquisition Reports on certain hardware
relating to defense nuclear nonproliferation.
Sec. 3132. Annual reports on unfunded priorities of National Nuclear
Security Administration.
Sec. 3133. Modification of certain reporting requirements.
Sec. 3134. Modification to stockpile stewardship, management, and
responsiveness plan.
Sec. 3135. Assessment and development of prototype nuclear weapons of
foreign countries.
Sec. 3136. Plan for verification, detection, and monitoring of nuclear
weapons and fissile material.
Sec. 3137. Review of United States nuclear and radiological terrorism
prevention strategy.
Sec. 3138. Assessment of management and operating contracts of national
security laboratories.
Sec. 3139. Evaluation of classification of certain defense nuclear
waste.
Sec. 3140. Improved reporting for anti-smuggling radiation detection
systems.
Sec. 3141. Plutonium capabilities.
Sec. 3142. Report on critical decision 1 on Material Staging Facility
project.
Sec. 3143. Plan to further minimize the use of highly enriched uranium
for medical isotopes.
Subtitle D--Other Matters
Sec. 3151. Sense of Congress regarding compensation of individuals
relating to uranium mining and nuclear testing.
Subtitle A--National Security Programs and Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 2018 for the activities of the National Nuclear
Security Administration in carrying out programs as specified
in the funding table in division D.
(b) Authorization of New Plant Projects.--From funds
referred to in subsection (a) that are available for carrying
out plant projects, the Secretary of Energy may carry out new
plant projects for the National Nuclear Security Administration
as follows:
Project 18-D-150, Surplus Plutonium Disposition,
Savannah River Site, Aiken, South Carolina, $9,000,000.
Project 18-D-620, Exascale Computing Facility
Modernization Project, Lawrence Livermore National
Laboratory, Livermore, California, $3,000,000.
Project 18-D-650, Tritium Production Capability,
Savannah River Site, Aiken, South Carolina, $6,800,000.
Project 18-D-660, Fire Station, Y-12 National
Security Complex, Oak Ridge, Tennessee, $28,000,000.
Project 18-D-670, Exascale Class Computer Cooling
Equipment, Los Alamos National Laboratory, Los Alamos,
New Mexico, $22,000,000.
Project 18-D-680, Material Staging Facility, Pantex
Plant, Amarillo, Texas, $5,200,000.
(c) Modification of Authority to Carry Out Albuquerque
Complex Upgrades Construction Project.--
(1) In general.--The Administrator for Nuclear
Security may enter into an incrementally funded
contract for Project 16-D-515, the Albuquerque Complex
upgrades construction project, Albuquerque, New Mexico.
(2) Limitation.--The total cost for the Albuquerque
Complex upgrades construction project may not exceed
$174,700,000.
(3) Funding of increments.--
(A) Increment 1.--The amount authorized to
be appropriated by section 3101 of the National
Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 130 Stat. 2754) for fiscal
year 2017 and available for Project 16-D-515 as
specified in the funding table in section 4701
of that Act (Public Law 114-328; 130 Stat.
2890) shall be deemed to be an amount
authorized to be appropriated for increment 1
of the Albuquerque Complex upgrades
construction project.
(B) Increment 2.--The amount authorized to
be appropriated by this section for fiscal year
2018 and available for Project 16-D-515 as
specified in the funding table in division D
shall be available for increment 2 of the
Albuquerque Complex upgrades construction
project.
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.
(a) In General.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 2018
for defense environmental cleanup activities in carrying out
programs as specified in the funding table in division D.
(b) Authorization of New Plant Projects.--From funds
referred to in subsection (a) that are available for carrying
out plant projects, the Secretary of Energy may carry out new
plant projects for the National Nuclear Security Administration
as follows:
Project 18-D-401, Saltstone Disposal Units #8 and
#9, Savannah River Site, Aiken, South Carolina,
$500,000.
Project 18-D-402, Emergency Operations Center
Replacement, Savannah River Site, Aiken, South
Carolina, $500,000.
Project 18-D-404, Modification of Waste
Encapsulation and Storage Facility, Hanford Site,
Richland, Washington, $6,500,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2018 for other defense
activities in carrying out programs as specified in the funding
table in division D.
SEC. 3104. NUCLEAR ENERGY.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2018 for nuclear energy as
specified in the funding table in division D.
Subtitle B--Program Authorizations, Restrictions, and Limitations
SEC. 3111. NUCLEAR SECURITY ENTERPRISE INFRASTRUCTURE MODERNIZATION
INITIATIVE.
(a) Findings.--Congress finds the following:
(1) On September 7, 2016, during testimony before
the Subcommittee on Strategic Forces of the Committee
on Armed Services of the House of Representatives--
(A) the Administrator for Nuclear Security,
Frank Klotz, said--
(i) ``Our infrastructure is
extensive, complex, and, in many
critical areas, several decades old.
More than half of NNSA's approximately
6,000 real property assets are over 40
years old, and nearly 30 percent date
back to the Manhattan Project era. Many
of the enterprise's critical utility,
safety, and support systems are failing
at an increasing and unpredictable
rate, which poses both programmatic and
safety risk.''; and
(ii) ``I can think of no greater
threat to the nuclear security
enterprise than the state of NNSA's
infrastructure.'';
(B) the President and Chief Executive
Officer of Consolidated Nuclear Security,
Morgan Smith, said, ``Many key facilities at
both [Pantex and Y-12] were constructed in the
1940s and were intended to operate for as
little as one decade. Many facilities and their
supporting infrastructure have exceeded or far
exceeded their expected life, and major systems
within the facilities are beginning to fail.'';
and
(C) the Director of Los Alamos National
Laboratory, Dr. Charlie McMillan, said, ``One
of the things that keeps me up at night is the
realization that essential capabilities are
held at risk by the possibility of such
failures; in many cases, our enterprise has a
single point of failure.''.
(2) In a letter sent on December 23, 2015, by the
Secretary of Energy, Ernest Moniz, to the Director of
the Office of Management and Budget, Shaun Donovan, the
Secretary said, ``A majority of the National Nuclear
Security Administration's (NNSA) facilities and systems
are well beyond end-of-life.... Infrastructure problems
such as falling ceilings are increasing in frequency
and severity, unacceptably risking the safety and
security of both personnel and material at NNSA
facilities, as well as in some instances, potential
offsite risks. The entire complex could be placed at
risk if there is a single failure where a single point
would disrupt a critical link in infrastructure.''.
(3) The Nuclear Posture Review published in April
2010 stated that ``In order to sustain a safe, secure,
and effective U.S. nuclear stockpile as long as nuclear
weapons exist, the United States must possess a modern
physical infrastructure.... Today's nuclear complex,
however, has fallen into neglect. Although substantial
science, technology, and engineering investments were
made over the last decade under the auspices of the
Stockpile Stewardship Program, the complex still
includes many oversized and costly-to maintain
facilities built during the 1940s and 1950s. Some
facilities needed for working with plutonium and
uranium date back to the Manhattan Project. Safety,
security, and environmental issues associated with
these aging facilities are mounting, as are the costs
of addressing them.''.
(4) In 2009, the bipartisan Congressional
Commission on the Strategic Posture of the United
States established by section 1062 of the National
Defense Authorization for Fiscal Year 2008 (Public Law
110-181; 122 Stat. 319) stated, with regards to key
production facilities, that ``existing facilities are
genuinely decrepit and are maintained in a safe and
secure manner only at high cost''.
(5) Previous efforts to address the deferred
maintenance and repair challenges within the nuclear
security enterprise, such as the Facilities
Infrastructure and Recapitalization Program and the
recent halt in the growth of backlog metrics, are
laudable but insufficient for the magnitude of the
problem.
(6) Recent figures provided by the Administrator
for Nuclear Security estimate the backlog of deferred
maintenance and repair needs of the nuclear security
enterprise to be approximately $3,700,000,000.
(b) Infrastructure Modernization Initiative.--
(1) Establishment.--Not later than 30 days after
the date of the enactment of this Act, the
Administrator for Nuclear Security shall establish and
carry out a program, to be known as the
``Infrastructure Modernization Initiative'', to reduce
the backlog of deferred maintenance and repair needs of
the nuclear security enterprise (as defined in section
4002(6) of the Atomic Energy Defense Act (50 U.S.C.
2501(6))). In carrying out that program, the
Administrator shall establish and execute
infrastructure modernization milestones that reduce the
deferred maintenance and repair needs of the nuclear
security enterprise by not less than 30 percent by
2025.
(2) Authorities.--
(A) Process.--
(i) In general.--The Secretary of
Energy shall provide to the
Administrator a process that will
enhance or streamline the ability of
the Administrator to carry out the
program under paragraph (1) in an
efficient and effective manner,
including with respect to--
(I) the demolition or
construction of non-nuclear
facilities of the
Administration that have a
total estimated project cost of
less than $100,000,000; and
(II) the decontamination,
decommissioning, and demolition
(to be performed in accordance
with applicable health and
safety standards used by the
Defense Environmental Cleanup
Program) of process-
contaminated facilities of the
Administration that have a
total estimated project cost of
less than $50,000,000.
(ii) Funding.--Clause (i) may be
carried out using amounts authorized to
be appropriated for fiscal year 2018 or
any subsequent fiscal year.
(B) Application of certain requirements.--
For purposes of the Management Procedures
Memorandum 2015-01 of the Office of Management
and Budget, or a successor memorandum, in
carrying out the program under paragraph (1),
the Administrator may--
(i) perform new construction during
a fiscal year that differs from the
fiscal year of corresponding facility
demolition;
(ii) perform demolition of
different facility category codes and
have that demolition credit count
towards the construction of new
facilities with a different facility
category code; and
(iii) have the net reduction in
infrastructure footprint for the five
fiscal years prior to the date of the
enactment of this Act, and the
demolition during the five fiscal years
following such date of enactment,
considered as a factor for the purpose
of meeting the intent of such
memorandum.
(3) Initial plan.--Not later than March 1, 2018,
the Administrator shall submit to the congressional
defense committees an initial plan to carry out the
program under paragraph (1) to achieve the goal
specified in such paragraph. Such plan shall include--
(A) the funding required to carry out the
program during the period covered by the
future-years nuclear security program under
section 3253 of the National Nuclear Security
Administration Act (50 U.S.C. 2453);
(B) the criteria for selecting and
prioritizing projects within the program under
paragraph (1);
(C) mechanisms for ensuring the robust
management and oversight of such projects;
(D) a description of the process provided
to the Administrator to carry out the program
pursuant to paragraph (2)(A); and
(E) a description of any legislative
actions the Administrator recommends to further
enhance or streamline authorities or processes
relating to the program.
(4) Reassessment.--Not later than February 1, 2024,
the Administrator shall reassess the program under
paragraph (1) and, as appropriate, develop and
establish goals for the program beyond 2025.
(c) Inclusion in Biennial Detailed Report.--Section
4203(d)(4) of the Atomic Energy Defense Act (50 U.S.C.
2523(d)(4)) is amended--
(1) in subparagraph (B), by striking ``; and'' and
inserting a semicolon;
(2) in subparagraph (C), by striking the period at
the end and inserting ``; and''; and
(3) by adding at the end the following new
subparagraph:
``(D)(i) a description of--
``(I) the metrics (based on
industry best practices) used by the
Administrator to determine the
infrastructure deferred maintenance and
repair needs of the nuclear security
enterprise; and
``(II) the percentage of
replacement plant value being spent on
maintenance and repair needs of the
nuclear security enterprise; and
``(ii) an explanation of whether the annual
spending on such needs complies with the
recommendation of the National Research Council
of the National Academies of Sciences,
Engineering, and Medicine that such spending be
in an amount equal to four percent of the
replacement plant value, and, if not, the
reasons for such noncompliance and a plan for
how the Administrator will ensure facilities of
the nuclear security enterprise are being
properly sustained.''.
(d) Requirements Relating to Critical Decisions.--
(1) In general.--Subtitle A of title XLVII of the
Atomic Energy Defense Act (50 U.S.C. 2741 et seq.) is
amended by adding at the end the following new section:
``SEC. 4715. MATTERS RELATING TO CRITICAL DECISIONS.
``(a) Post-critical Decision 2 Changes.--After the date on
which a plant project specifically authorized by law and
carried out under Department of Energy Order 413.3B (relating
to program management and project management for the
acquisition of capital assets), or a successor order, achieves
critical decision 2, the Administrator may not change the
requirements for such project if such change increases the cost
of such project by more than the lesser of $5,000,000 or 15
percent, unless--
``(1) the Administrator submits to the
congressional defense committees--
``(A) a certification that the
Administrator, without delegation, authorizes
such proposed change; and
``(B) a cost-benefit and risk analysis of
such proposed change, including with respect
to--
``(i) the effects of such proposed
change on the project cost and
schedule; and
``(ii) any mission risks and
operational risks from making such
change or not making such change; and
``(2) a period of 15 days elapses following the
date of such submission.
``(b) Review and Approval.--The Administrator shall ensure
that critical decision packages are timely reviewed and either
approved or disapproved.''.
(2) Clerical amendment.--The table of contents at
the beginning of such Act is amended by inserting after
the item relating to section 4714 the following new
item:
``Sec. 4715. Matters relating to critical decisions.''.
(e) Sense of Congress.--It is the sense of Congress that--
(1) the nuclear security enterprise, comprised of
the infrastructure and capabilities of the laboratories
and plants coupled with the dedicated and talented
scientists, engineers, technicians, and administrators
who form the backbone of the enterprise, are a central
component of the nuclear deterrent of the United
States;
(2) if left unaddressed, the state of the
infrastructure within the nuclear security enterprise
represents a direct, long-term threat to the
credibility of the nuclear deterrent of the United
States;
(3) both Congress and the President must take
strong, sustained action to recapitalize and repair
this infrastructure;
(4) the Administrator must continue to carry out
expeditious demolition of old facilities of the
Administration to reduce long-term costs and improve
safety; and
(5) each budget of the President submitted to
Congress under section 1105(a) of title 31, United
States Code, for fiscal year 2019 and each fiscal year
thereafter should include funding in an amount
sufficient to carry out the program established
pursuant to subsection (b)(1) to achieve the goal
specified in such subsection.
SEC. 3112. INCORPORATION OF INTEGRATED SURETY ARCHITECTURE IN
TRANSPORTATION.
(a) Incorporation.--Subtitle A of title XLII of the Atomic
Energy Defense Act (50 U.S.C. 2521 et seq.) is amended by
adding at the end the following new section:
``SEC. 4222. INCORPORATION OF INTEGRATED SURETY ARCHITECTURE.
``(a) Shipments.--(1) The Administrator shall ensure that
shipments described in paragraph (2) incorporate surety
technologies relating to transportation and shipping developed
by the Integrated Surety Architecture program of the
Administration.
``(2) A shipment described in this paragraph is an over-
the-road shipment of the Administration that involves any
nuclear weapon planned to be in the active stockpile after
2025.
``(b) Certain Programs.--(1) The Administrator, in
coordination with the Chairman of the Nuclear Weapons Council,
shall ensure that each program described in paragraph (2)
incorporates integrated designs compatible with the Integrated
Surety Architecture program.
``(2) A program described in this subsection is a program
of the Administration that is a warhead development program, a
life extension program, or a warhead major alteration program.
``(c) Determination.--(1) If, on a case-by-case basis, the
Administrator determines that a shipment under subsection (a)
will not incorporate some or all of the surety technologies
described in such subsection, or that a program under
subsection (b) will not incorporate some or all of the
integrated designs described in such subsection, the
Administrator shall submit such determination to the
congressional defense committees, including the results of an
analysis conducted pursuant to paragraph (2).
``(2) Each determination made under paragraph (1) shall be
based on a documented, system risk analysis that considers
security risk reduction, operational impacts, and technical
risk.
``(d) Termination.--The requirements of subsections (a) and
(b) shall terminate on December 31, 2029.''.
(b) Clerical Amendment.--The table of contents for the
Atomic Energy Defense Act is amended by inserting after the
item relating to section 4221 the following new item:
``Sec. 4222. Incorporation of integrated surety architecture.''.
SEC. 3113. COST ESTIMATES FOR LIFE EXTENSION PROGRAM AND MAJOR
ALTERATION PROJECTS.
Section 4217(b) of the Atomic Energy Defense Act (50 U.S.C.
2537(b)) is amended to read as follows:
``(b) Independent Cost Estimates and Reviews.--(1) The
Secretary, acting through the Administrator, shall submit to
the congressional defense committees and the Nuclear Weapons
Council the following:
``(A) An independent cost estimate of the
following:
``(i) Each nuclear weapon system undergoing
life extension at the completion of phase 6.2A,
relating to design definition and cost study.
``(ii) Each nuclear weapon system
undergoing life extension at the completion of
phase 6.3, relating to development engineering.
``(iii) Each nuclear weapon system
undergoing life extension at the completion of
phase 6.4, relating to production engineering,
and before the initiation of phase 6.5,
relating to first production.
``(iv) Each new nuclear facility within the
nuclear security enterprise that is estimated
to cost more than $500,000,000 before such
facility achieves critical decision 1 and
before such facility achieves critical decision
2 in the acquisition process.
``(v) Each nuclear weapons system
undergoing a major alteration project (as
defined in section 4713(a)(2)).
``(B) An independent cost review of each nuclear
weapon system undergoing life extension at the
completion of phase 6.2, relating to study of
feasibility and down-select.
``(2) Each independent cost estimate and independent cost
review under paragraph (1) shall include--
``(A) whether the cost baseline or the budget
estimate for the period covered by the future-years
nuclear security program has changed, and the rationale
for any such change; and
``(B) any views of the Secretary or the
Administrator regarding such estimate or review.
``(3) The Administrator shall review and consider the
results of any independent cost estimate or independent cost
review of a nuclear weapon system or a nuclear facility, as the
case may be, under this subsection before entering the next
phase of the development process of such system or the
acquisition process of such facility.
``(4) Except as otherwise specified in paragraph (1), each
independent cost estimate or independent cost review of a
nuclear weapon system or a nuclear facility under this
subsection shall be submitted not later than 30 days after the
date on which--
``(A) in the case of a nuclear weapons system, such
system completes a phase specified in such paragraph;
or
``(B) in the case of a nuclear facility, such
facility achieves critical decision 1 as specified in
subparagraph (A)(iv) of such paragraph.
``(5) Each independent cost estimate or independent cost
review submitted under this subsection shall be submitted in
unclassified form, but may include a classified annex if
necessary.''.
SEC. 3114. IMPROVED INFORMATION RELATING TO CERTAIN DEFENSE NUCLEAR
NONPROLIFERATION PROGRAMS.
(a) Improved Information.--Title XLIII of the Atomic Energy
Defense Act (50 U.S.C. 2563 et seq.) is amended by adding at
the end the following new section:
``SEC. 4310. INFORMATION RELATING TO CERTAIN DEFENSE NUCLEAR
NONPROLIFERATION PROGRAMS.
``(a) Technologies and Capabilities.--The Administrator
shall document, for efforts that are not focused on basic
research, the technologies and capabilities of the defense
nuclear nonproliferation research and development program
that--
``(1) are transitioned to end users for further
development or deployment; and
``(2) are deployed.
``(b) Assessments of Status.--(1) In assessing projects
under the defense nuclear nonproliferation research and
development program or the defense nuclear nonproliferation and
arms control program, the Administrator shall compare the
status of each such project, including with respect to the
final results of such project, to the baseline targets and
goals established in the initial project plan of such project.
``(2) The Administrator may carry out paragraph (1) using a
common template or such other means as the Administrator
determines appropriate.''.
(b) Inclusion in Plan.--Section 4309(b) of such Act (50
U.S.C. 2575(b)) is amended--
(1) by redesignating paragraph (16) as paragraph
(18); and
(2) by inserting after paragraph (15) the following
new paragraphs:
``(16) A summary of the technologies and
capabilities documented under section 4310(a).
``(17) A summary of the assessments conducted under
section 4310(b)(1).''.
(c) Clerical Amendment.--The table of contents for the
Atomic Energy Defense Act is amended by inserting after the
item relating to section 4309 the following new item:
``Sec. 4310. Information relating to certain defense nuclear
nonproliferation programs.''.
SEC. 3115. RESEARCH AND DEVELOPMENT OF ADVANCED NAVAL REACTOR FUEL
BASED ON LOW-ENRICHED URANIUM.
(a) Prohibition on Availability of Funds for Fiscal Year
2018.--
(1) Research and development.--Except as provided
by paragraph (2), none of the funds authorized to be
appropriated by this Act or otherwise made available
for fiscal year 2018 for the Department of Energy or
the Department of Defense may be obligated or expended
to plan or carry out research and development of an
advanced naval nuclear fuel system based on low-
enriched uranium.
(2) Exception.--Of the funds authorized to be
appropriated by this Act or otherwise made available
for fiscal year 2018 for defense nuclear
nonproliferation, as specified in the funding table in
division D--
(A) $5,000,000 shall be made available to
the Deputy Administrator for Naval Reactors of
the National Nuclear Security Administration
for low-enriched uranium activities (including
downblending of high-enriched uranium fuel into
low-enriched uranium fuel, research and
development using low-enriched uranium fuel, or
the modification or procurement of equipment
and infrastructure related to such activities)
to develop an advanced naval nuclear fuel
system based on low-enriched uranium; and
(B) if the Secretary of Energy and the
Secretary of the Navy determine under section
3118(c)(1) of the National Defense
Authorization Act for Fiscal Year 2016 (Public
Law 114-92; 129 Stat. 1196) that such low-
enriched uranium activities and research and
development should continue, an additional
$30,000,000 may be made available to the Deputy
Administrator for such purpose.
(b) Prohibition on Availability of Funds Regarding Certain
Accounts and Purposes.--
(1) Research and development and procurement.--
Chapter 633 of title 10, United States Code, is amended
by adding at the end the following new section:
``Sec. 7319. Requirements for availability of funds relating to
advanced naval nuclear fuel systems based on low-
enriched uranium
``(a) Authorization.--Low-enriched uranium activities may
only be carried out using funds authorized to be appropriated
or otherwise made available for the Department of Energy for
atomic energy defense activities for defense nuclear
nonproliferation.
``(b) Prohibition Regarding Certain Accounts.--(1) None of
the funds described in paragraph (2) may be obligated or
expended to carry out low-enriched uranium activities.
``(2) The funds described in this paragraph are funds
authorized to be appropriated or otherwise made available for
any fiscal year for any of the following accounts:
``(A) Shipbuilding and conversion, Navy, or any
other account of the Department of Defense.
``(B) Any account within the atomic energy defense
activities of the Department of Energy other than
defense nuclear nonproliferation, as specified in
subsection (a).
``(3) The prohibition in paragraph (1) may not be
superseded except by a provision of law that specifically
supersedes, repeals, or modifies this section. A provision of
law, including a table incorporated into an Act, that
appropriates funds described in paragraph (2) for low-enriched
uranium activities may not be treated as specifically
superseding this section unless such provision specifically
cites to this section.
``(c) Low-enriched Uranium Activities Defined.--In this
section, the term `low-enriched uranium activities' means the
following:
``(1) Planning or carrying out research and
development of an advanced naval nuclear fuel system
based on low-enriched uranium.
``(2) Procuring ships that use low-enriched uranium
in naval nuclear propulsion reactors.''.
(2) Clerical amendment.--The table of sections at
the beginning of such chapter is amended by adding at
the end the following new item:
``7319. Requirements for availability of funds relating to advanced
naval nuclear fuel systems based on low-enriched uranium.''.
(c) Reports.--
(1) SSN(x) submarine.--Not later than 180 days
after the date of the enactment of this Act, the
Secretary of the Navy and the Deputy Administrator for
Naval Reactors shall jointly submit to the Committees
on Armed Services of the House of Representatives and
the Senate a report on the cost and timeline required
to assess the feasibility, costs, and requirements for
a design of the Virginia-class replacement nuclear
attack submarine that would allow for the use of a low-
enriched uranium fueled reactor, if technically
feasible, without changing the diameter of the
submarine.
(2) Research and development.--Not later than 60
days after the date of the enactment of this Act, the
Deputy Administrator for Naval Reactors shall submit to
the Committees on Armed Services of the House of
Representatives and the Senate a report on--
(A) the planned research and development
activities on low-enriched uranium and highly
enriched uranium fuel that could apply to the
development of a low-enriched uranium fuel or
an advanced highly enriched uranium fuel; and
(B) with respect to such activities for
each such fuel--
(i) the costs associated with such
activities; and
(ii) a detailed proposal for
funding such activities.
SEC. 3116. NATIONAL NUCLEAR SECURITY ADMINISTRATION PAY AND PERFORMANCE
SYSTEM.
(a) Pay Adjustment Demonstration Project.--
(1) Extension.--The Administrator for Nuclear
Security shall carry out the pay banding and
performance-based pay adjustment demonstration project
of the National Nuclear Security Administration
authorized under section 4703 of title 5, United States
Code, until the date that is 10 years after the date of
the enactment of this Act.
(2) Modifications.--In carrying out the
demonstration project described in paragraph (1), the
Administrator--
(A) may, subject to subparagraph (B),
revise the requirements and limitations of the
demonstration project to the extent necessary;
and
(B) shall--
(i) ensure that the demonstration
project is carried out in a manner
consistent with the plan for the
demonstration project published in the
Federal Register on December 21, 2007
(72 Fed. Reg. 72776);
(ii) ensure that significant
changes in the demonstration project
not take effect until revisions, as
necessary and applicable, to the plan
for the demonstration project are
approved by the Office of Personnel
Management and published in the Federal
Register;
(iii) ensure that procedural
modifications or clarifications to the
plan for the demonstration project be
made through local notification
processes;
(iv) authorize, and establish
incentives for, employees of the
National Nuclear Security
Administration to have rotational
assignments among different programs of
the Administration, the headquarters
and field offices of the
Administration, and the management and
operating contractors of the
Administration; and
(v) establish requirements for
employees of the Administration who are
in the demonstration project described
in paragraph (1) to be promoted to
senior-level positions in the
Administration, including requirements
with respect to--
(I) professional training
and continuing education; and
(II) a certain number and
types of rotational assignments
under clause (iv), as
determined by the
Administrator.
(3) Application to naval nuclear propulsion
program.--The Director of the Naval Nuclear Propulsion
Program established pursuant to section 4101 of the
Atomic Energy Defense Act (50 U.S.C. 2511) and section
3216 of the National Nuclear Security Administration
Act (50 U.S.C. 2406) may, with the concurrence of the
Secretary of the Navy, apply the demonstration project
described in paragraph (1) to--
(A) all employees of the Naval Nuclear
Propulsion Program in the competitive service
(as defined in section 2102 of title 5, United
States Code); and
(B) all employees of the Department of Navy
who are assigned to the Naval Nuclear
Propulsion Program and are in the excepted
service (as defined in section 2103 of title 5,
United States Code) (other than such employees
in statutory excepted service systems).
(b) Rotations for Certain Contractors.--
(1) Increased use.--The Administrator for Nuclear
Security shall increase the use of rotational
assignments of employees of the management and
operating contractors of the National Nuclear Security
Administration to the headquarters of the
Administration, the Department of Defense and the
military departments, the intelligence community, and
other departments and agencies of the Federal
Government.
(2) Methods.--The Administrator shall carry out
paragraph (1) by--
(A) establishing incentives for--
(i) the management and operating
contractors of the Administration and
the employees of such contractors to
participate in rotational assignments;
and
(ii) the departments and agencies
of the Federal Government specified in
such paragraph to facilitate such
assignments;
(B) providing professional and leadership
development opportunities during such
assignments;
(C) using details and other applicable
authorities and programs, including the
mobility program under subchapter VI of chapter
33 of title 5, United States Code (commonly
referred to as the ``Intergovernmental
Personnel Act Mobility Program''); and
(D) taking such other actions as the
Administrator determines appropriate to
increase the use of such rotational
assignments.
(c) Red-team Analysis.--
(1) Analysis.--The Director for Cost Estimating and
Program Evaluation of the National Nuclear Security
Administration shall carry out a red-team analysis of
the Federal employee staffing structure of the
Administration with respect to the Administrator for
Nuclear Security meeting the authorized personnel
levels under section 3241A of the National Nuclear
Security Administration Act (50 U.S.C. 2441a).
(2) Matters included.--The analysis under paragraph
(1) shall include assessments of--
(A) the number of Federal employees within
each program of the Administration, and whether
such numbers are appropriately balanced with
respect to the size, scope, functions, budgets,
and risks, of the program; and
(B) the number of Senior Executive Service
positions (as defined in section 3132(a) of
title 5, United States Code) within the
Administration, including a comparison of such
number to other comparable departments and
agencies of the Federal Government, and whether
such number is appropriate.
(d) Briefings.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act--
(A) the Administrator shall provide a
briefing to the appropriate congressional
committees on the implementation of--
(i) section 3248 of the National
Nuclear Security Administration Act, as
added by subsection (a); and
(ii) subsection (b); and
(B) the Director for Cost Estimating and
Program Evaluation shall provide to such
committees a briefing on the analysis under
subsection (c).
(2) Appropriate congressional committees defined.--
In this subsection, the term ``appropriate
congressional committees'' means--
(A) the congressional defense committees;
(B) the Committee on Energy and Commerce of
the House of Representatives and the Committee
on Energy and Natural Resources of the Senate;
and
(C) the Committee on Oversight and
Government Reform of the House of
Representatives and the Committee on Homeland
Security and Governmental Affairs of the
Senate.
SEC. 3117. BUDGET REQUESTS AND CERTIFICATION REGARDING NUCLEAR WEAPONS
DISMANTLEMENT.
Section 3125 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2766) is
amended--
(1) by redesignating subsection (d) as subsection
(f); and
(2) by inserting after subsection (c) the following
new subsections:
``(d) Budget Requests.--The Administrator for Nuclear
Security shall ensure that the budget of the President
submitted to Congress under section 1105(a) of title 31, United
States Code, for each of fiscal years 2019 through 2021
includes amounts for the nuclear weapons dismantlement and
disposition activities of the National Nuclear Security
Administration in accordance with the limitation in subsection
(a).
``(e) Certification.--Not later than February 1, 2018, the
Administrator shall certify to the congressional defense
committees that the Administrator is carrying out the nuclear
weapons dismantlement and disposition activities of the
Administration in accordance with the limitations in
subsections (a) and (b).''.
SEC. 3118. NUCLEAR WARHEAD DESIGN COMPETITION.
(a) Findings.--Congress finds the following:
(1) In January 2016, the co-chairs of a
congressionally mandated study panel from the National
Academies of Science testified to the following before
the Committee on Armed Services of the House of
Representatives:
(A) ``The National Nuclear Security
Administration (NNSA) complex must engage in
robust design competitions in order to exercise
the design and production skills that underpin
stockpile stewardship and are necessary to meet
evolving threats.''.
(B) ``To exercise the full set of design
skills necessary for an effective nuclear
deterrent, the NNSA should develop and conduct
the first in what the committee envisions to be
a series of design competitions that integrate
the full end-to-end process from novel design
conception through engineering, building, and
non-nuclear testing of a prototype.''.
(2) In March 2016 testimony before the Committee on
Armed Services of the House of Representatives
regarding a December 2016 Defense Science Board report
entitled, ``Seven Defense Priorities for the New
Administration'', members of that Board said the
following:
(A) ``A key contributor to nuclear
deterrence is the continuous, adaptable
exercise of the development, design, and
production functions for nuclear weapons in
both the DOD and DOE.... Yet the DOE
laboratories and DOD contractor community have
done little integrated design and development
work outside of life extension for 25 years,
let alone concept development that could serve
as a hedge to surprise.''.
(B) ``The Defense Science Board believes
that the triad's complementary features remain
robust tenets for the design of a future force.
Replacing our current, aging force is
essential, but not sufficient in the more
complex nuclear environment we now face to
provide the adaptability or flexibility to
confidently hold at risk what adversaries
value. In particular, if the threat evolves in
ways that favorably change the cost/benefit
calculus in the view of an adversary's
leadership, then we should be in a position to
quickly restore a credible deterrence
posture.''.
(3) In a memorandum dated May 9, 2014, then-
Secretary of Energy Ernie Moniz said the following:
(A) ``If nuclear military capabilities are
to provide deterrence for the nation they need
to be relevant to the emerging global strategic
environment. The current stockpile was designed
to meet the needs of a bipolar world with roots
in the Cold War era. A more complex, chaotic,
and dynamic security environment is emerging.
In order to uphold the Department's mission to
ensure an effective nuclear deterrent.... we
must ensure our nuclear capabilities meet the
challenges of known and potential geopolitical
and technological trends. Therefore we must
look ahead, using the expertise of our
laboratories, to how the capabilities that may
be employed by other nations could impact
deterrence over the next several decades.''.
(B) ``We must challenge our thinking about
our programs of record in order to permit
foresighted actions that may reduce, in the
coming decades, the chances for surprise and
that buttress deterrence.''.
(b) Design Competition.--
(1) In general.--In accordance with paragraph (2),
the Administrator for Nuclear Security, in coordination
with the Chairman of the Nuclear Weapons Council, shall
carry out a new and comprehensive design competition
for a nuclear warhead that could be employed on
ballistic missiles of the United States by 2030. Such
competition shall--
(A) examine options for warhead design and
related delivery system requirements in the
2030s, including--
(i) life extension of existing
weapons;
(ii) new capabilities; and
(iii) such other concepts as the
Administrator and the Chairman
determine necessary to fully exercise
and create responsive design
capabilities in the enterprise and
ensure a robust nuclear deterrent into
the 2030s;
(B) assess how the capabilities and
defenses that may be employed by other
countries could impact deterrence in 2030 and
beyond and how such threats could be addressed
or mitigated in the warhead and related
delivery systems;
(C) exercise the full set of design skills
necessary for an effective nuclear deterrent
and responsive enterprise through production of
conceptual designs and, as the Administrator
determines appropriate, production of non-
nuclear prototypes of components or subsystems;
and
(D) examine and recommend actions for
significantly shortening timelines and
significantly reducing costs associated with
design, development, certification, and
production of the warhead, without reducing
worker or public health and safety.
(2) Timing.--The Administrator shall--
(A) during fiscal year 2018, develop a plan
to carry out paragraph (1); and
(B) during fiscal year 2019, implement such
plan.
(c) Briefing.--Not later than March 1, 2018, the
Administrator, in coordination with the Chairman, shall provide
a briefing to the congressional defense committees on the plan
of the Administrator to carry out the warhead design
competition under subsection (b). Such briefing shall include
an assessment of the costs, benefits, risks, and opportunities
of such plan, particularly impacts to ongoing life extension
programs and infrastructure projects.
SEC. 3119. MODIFICATION OF MINOR CONSTRUCTION THRESHOLD FOR PLANT
PROJECTS.
Section 4701(2) of the Atomic Energy Defense Act (50 U.S.C.
2741(2)) is amended by striking ``$10,000,000'' and inserting
``$20,000,000''.
SEC. 3120. EXTENSION OF AUTHORIZATION OF ADVISORY BOARD ON TOXIC
SUBSTANCES AND WORKER HEALTH.
Section 3687(i) of the Energy Employees Occupational
Illness Compensation Program Act of 2000 (42 U.S.C. 7385s-
16(i)) is amended by striking ``5 years'' and inserting ``10
years''.
SEC. 3121. USE OF FUNDS FOR CONSTRUCTION AND PROJECT SUPPORT ACTIVITIES
RELATING TO MOX FACILITY.
(a) In General.--Except as provided by subsection (b), the
Secretary of Energy shall carry out construction and project
support activities relating to the MOX facility using funds
authorized to be appropriated by this Act or otherwise made
available for fiscal year 2018 for the National Nuclear
Security Administration for the MOX facility.
(b) Waiver.--
(1) In general.--The Secretary may waive the
requirement under subsection (a) to carry out
construction and project support activities relating to
the MOX facility if the Secretary submits to the
congressional defense committees--
(A) the commitment of the Secretary to
remove plutonium intended to be disposed of in
the MOX facility from South Carolina and ensure
a sustainable future for the Savannah River
Site;
(B) a certification that--
(i) an alternative option for
carrying out the plutonium disposition
program for the same amount of
plutonium as the amount of plutonium
intended to be disposed of in the MOX
facility exists, meeting the
requirements of the Business Operating
Procedure of the National Nuclear
Security Administration entitled
``Analysis of Alternatives'' and dated
March 14, 2016 (BOP-03.07); and
(ii) the remaining lifecycle cost,
determined in a manner comparable to
the cost estimating and assessment best
practices of the Government
Accountability Office, as found in the
document of the Government
Accountability Office entitled ``GAO
Cost Estimating and Assessment Guide''
(GAO-09-3SP), for the alternative
option would be less than approximately
half of the estimated remaining
lifecycle cost of the mixed-oxide fuel
program; and
(C) the details of any statutory or
regulatory changes necessary to complete the
alternative option.
(2) Estimates.--The Secretary shall ensure that the
estimates used by the Secretary for purposes of the
certification under paragraph (1)(B) are of comparable
accuracy.
(c) Definitions.--In this section:
(1) MOX facility.--The term ``MOX facility'' means
the mixed-oxide fuel fabrication facility at the
Savannah River Site, Aiken, South Carolina.
(2) Project support activities.--The term ``project
support activities'' means activities that support the
design, long-lead equipment procurement, and site
preparation of the MOX facility.
SEC. 3122. PROHIBITION ON AVAILABILITY OF FUNDS FOR PROGRAMS IN RUSSIAN
FEDERATION.
(a) Prohibition.--None of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal
year 2018 for atomic energy defense activities may be obligated
or expended to enter into a contract with, or otherwise provide
assistance to, the Russian Federation.
(b) Waiver.--The Secretary of Energy, without delegation,
may waive the prohibition in subsection (a) only if--
(1) the Secretary determines, in writing, that a
nuclear-related threat arising in the Russian
Federation must be addressed urgently and it is
necessary to waive the prohibition to address that
threat;
(2) the Secretary of State and the Secretary of
Defense concur in the determination under paragraph
(1);
(3) the Secretary of Energy submits to the
appropriate congressional committees a report
containing--
(A) a notification that the waiver is in
the national security interest of the United
States;
(B) justification for the waiver, including
the determination under paragraph (1); and
(C) a description of the activities to be
carried out pursuant to the waiver, including
the expected cost and timeframe for such
activities; and
(4) a period of seven days elapses following the
date on which the Secretary submits the report under
paragraph (3).
(c) Exception.--The prohibition under subsection (a) and
the requirements under subsection (b) to waive that prohibition
shall not apply to an amount, not to exceed $3,000,000, that
the Secretary may make available for the Department of Energy
Russian Health Studies Program.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The congressional defense committees.
(2) The Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the
House of Representatives.
Subtitle C--Plans and Reports
SEC. 3131. ANNUAL SELECTED ACQUISITION REPORTS ON CERTAIN HARDWARE
RELATING TO DEFENSE NUCLEAR NONPROLIFERATION.
(a) In General.--Title XLIII of the Atomic Energy Defense
Act (50 U.S.C. 2563 et seq.), as amended by section 3114, is
further amended by adding at the end the following new section:
``SEC. 4311. ANNUAL SELECTED ACQUISITION REPORTS ON CERTAIN HARDWARE
RELATING TO DEFENSE NUCLEAR NONPROLIFERATION.
``(a) Annual Selected Acquisition Reports.--
``(1) In general.--At the end of each fiscal year,
the Administrator shall submit to the congressional
defense committees a report on each covered hardware
project. The reports shall be known as Selected
Acquisition Reports for the covered hardware project
concerned.
``(2) Matters included.--The information contained
in the Selected Acquisition Report for a fiscal year
for a covered hardware project shall be the information
contained in the Selected Acquisition Report for such
fiscal year for a major defense acquisition program
under section 2432 of title 10, United States Code,
expressed in terms of the covered hardware project.
``(b) Covered Hardware Project Defined.--In this section,
the term `covered hardware project' means a project carried out
under the defense nuclear nonproliferation research and
development program that--
``(1) is focused on the production and deployment
of hardware, including with respect to the development
and deployment of satellites or satellite payloads; and
``(2) exceeds $500,000,000 in total program cost
over the course of five years.''.
(b) Clerical Amendment.--The table of contents for the
Atomic Energy Defense Act is amended by inserting after the
item relating to section 4310, as added by section 3114, the
following new item:
``Sec. 4311. Annual Selected Acquisition Reports on certain hardware
relating to defense nuclear nonproliferation.''.
SEC. 3132. ANNUAL REPORTS ON UNFUNDED PRIORITIES OF NATIONAL NUCLEAR
SECURITY ADMINISTRATION.
(a) In General.--Subtitle A of title XLVII of the Atomic
Energy Defense Act (50 U.S.C. 2741 et seq.), as amended by
section 3111(d), is further amended by adding at the end the
following new section:
``SEC. 4716. UNFUNDED PRIORITIES OF THE NATIONAL NUCLEAR SECURITY
ADMINISTRATION.
``(a) Annual Report.--Not later than 10 days after the date
on which the budget of the President for a fiscal year is
submitted to Congress pursuant to section 1105(a) of title 31,
United States Code, the Administrator shall submit to the
Secretary of Energy and the congressional defense committees a
report on the unfunded priorities of the Administration.
``(b) Elements.--
``(1) In general.--Each report required by
subsection (a) shall specify, for each unfunded
priority covered by the report, the following:
``(A) A summary description of that
priority, including the objectives to be
achieved if that priority is funded (whether in
whole or in part).
``(B) The additional amount of funds
recommended in connection with the objectives
under subparagraph (A).
``(C) Account information with respect to
that priority.
``(2) Prioritization of priorities.--Each report
required by subsection (a) shall present the unfunded
priorities covered by the report in order of urgency of
priority.
``(c) Unfunded Priority Defined.--In this section, the term
`unfunded priority', in the case of a fiscal year, means a
program, activity, or mission requirement that--
``(1) is not funded in the budget of the President
for that fiscal year as submitted to Congress pursuant
to section 1105(a) of title 31, United States Code;
``(2) is necessary to fulfill a requirement
associated with the mission of the Administration; and
``(3) would have been recommended for funding
through the budget referred to in paragraph (1) by the
Administrator--
``(A) if additional resources were
available for the budget to fund the program,
activity, or mission requirement; or
``(B) in the case of a program, activity,
or mission requirement that emerged after the
budget was formulated, if the program,
activity, or mission requirement had emerged
before the budget was formulated.''.
(b) Clerical Amendment.--The table of contents for the
Atomic Energy Defense Act is amended by inserting after the
item relating to section 4715, as added by section 3111(d), the
following new item:
``Sec. 4716. Unfunded priorities of the National Nuclear Security
Administration.''.
SEC. 3133. MODIFICATION OF CERTAIN REPORTING REQUIREMENTS.
(a) Status of Nuclear Materials Protection, Control, and
Accounting Program.--
(1) Repeal.--Section 4303 of the Atomic Energy
Defense Act (50 U.S.C. 2563) is repealed.
(2) Clerical amendment.--The table of contents for
the Atomic Energy Defense Act is amended by striking
the item relating to section 4303.
(b) Status of Security of Atomic Energy Defense
Facilities.--Section 4506 of the Atomic Energy Defense Act (50
U.S.C. 2657) is amended by striking ``of each year'' each place
it appears and inserting ``of each even-numbered year''.
(c) Security Risks Posed to Nuclear Weapons Complex.--
(1) Included in stockpile stewardship and
management plan.--Section 4203 of the Atomic Energy
Defense Act (50 U.S.C. 2523) is amended--
(A) in subsection (c)--
(i) by redesignating paragraphs (6)
and (7) as paragraphs (7) and (8),
respectively; and
(ii) by inserting after paragraph
(5) the following new paragraph:
``(6) A summary of the plan regarding the research
and development, deployment, and lifecycle sustainment
of technologies described in subsection (d)(7).''; and
(B) in subsection (d)--
(i) by redesignating paragraph (7)
as paragraph (8); and
(ii) by inserting after paragraph
(6) the following new paragraph (7):
``(7) A plan for the research and development,
deployment, and lifecycle sustainment of the
technologies employed within the nuclear security
enterprise to address physical and cyber security
threats during the five fiscal years following the date
of the report, together with--
``(A) for each site in the nuclear security
enterprise, a description of the technologies
deployed to address the physical and
cybersecurity threats posed to that site;
``(B) for each site and for the nuclear
security enterprise, the methods used by the
Administration to establish priorities among
investments in physical and cybersecurity
technologies; and
``(C) a detailed description of how the
funds identified for each program element
specified pursuant to paragraph (1) in the
budget for the Administration for each fiscal
year during that five-fiscal-year period will
help carry out that plan.''.
(2) Conforming amendment.--Section 3253(b) of the
National Nuclear Security Administration Act (50 U.S.C.
2453) is amended by striking paragraph (5).
(d) Modification of Submission of Selected Acquisition
Reports.--Section 4217(a) of the Atomic Energy Defense Act (50
U.S.C. 2537(a)) is amended--
(1) in paragraph (1)--
(A) by striking ``each fiscal-year
quarter'' and inserting ``the first quarter of
each fiscal year'';
(B) by striking ``or a major'' and
inserting ``and each major''; and
(C) by inserting ``during the preceding
fiscal year'' after ``4713(a)(2))''; and
(2) in paragraph (2)--
(A) by striking ``a fiscal-year quarter''
and inserting ``a fiscal year''; and
(B) by striking ``such fiscal-year
quarter'' and inserting ``each fiscal-year
quarter in that fiscal year''.
(e) Long-term Plan for Meeting National Security
Requirements for Unencumbered Uranium.--Section 4221(a) of the
Atomic Energy Defense Act (50 U.S.C. 2538c(a)) is amended by
striking ``Concurrent with'' and all that follows through
``2026'' and inserting ``Not later than December 31 of each
even-numbered year through 2026''.
(f) Defense Nuclear Nonproliferation Management Plan.--
(1) Modification of submission.--Section 4309 of
the Atomic Energy Defense Act (50 U.S.C. 2575) is
amended--
(A) by striking subsection (c);
(B) by redesignating subsection (b) as
subsection (c); and
(C) by striking subsection (a) and
inserting the following new subsections:
``(a) Plan Required.--The Administrator shall develop and
annually update a five-year management plan for activities
associated with the defense nuclear nonproliferation programs
of the Administration to prevent and counter the proliferation
of materials, technology, equipment, and expertise related to
nuclear and radiological weapons in order to minimize and
address the risk of nuclear terrorism and the proliferation of
such weapons.
``(b) Submission to Congress.--(1) Not later than March 15
of each even-numbered year, the Administrator shall submit to
the congressional defense committees a summary of the plan
developed under subsection (a).
``(2) Not later than March 15 of each odd-numbered year,
the Administrator shall submit to the congressional defense
committees a detailed report on the plan developed under
subsection (a).
``(3) Each summary submitted under paragraph (1) and each
report submitted under paragraph (2) shall be submitted in
unclassified form, but may include a classified annex if
necessary.''.
(2) Elimination of identification of future
international contributions.--Subsection (c) of such
section, as redesignated by paragraph (1)(B), is
further amended--
(A) by striking paragraph (14); and
(B) by redesignating paragraphs (15) and
(16) as paragraphs (14) and (15), respectively.
(3) Conforming amendments.--Subsection (c) of such
section, as redesignated by paragraph (1)(B) and
amended by paragraph (2), is further amended--
(A) in paragraph (2), by striking ``the
plan required by subsection (a)'' and inserting
``the summary required by paragraph (1) of
subsection (b) or the report required by
paragraph (2) of that subsection, as the case
may be'';
(B) in paragraph (6), by striking ``the
plan required by subsection (a)'' and inserting
``the summary required by paragraph (1) of
subsection (b) or the report required by
paragraph (2) of that subsection, as the case
may be'';
(C) in paragraph (7), by striking ``the
plan required by subsection (a)'' and inserting
``the summary required by paragraph (1) of
subsection (b) or the report required by
paragraph (2) of that subsection, as the case
may be,'';
(D) in paragraph (9), by striking ``the
plan required by subsection (a)'' and inserting
``the summary required by paragraph (1) of
subsection (b) or the report required by
paragraph (2) of that subsection, as the case
may be,''; and
(E) in paragraph (10), by striking ``the
plan required by subsection (a)'' and inserting
``the summary required by paragraph (1) of
subsection (b) or the report required by
paragraph (2) of that subsection, as the case
may be,''.
SEC. 3134. MODIFICATION TO STOCKPILE STEWARDSHIP, MANAGEMENT, AND
RESPONSIVENESS PLAN.
Section 4203 of the Atomic Energy Defense Act (50 U.S.C.
2523), as amended by section 3133(c), is further amended--
(1) in subsection (c)--
(A) by redesignating paragraphs (7) and (8)
as paragraphs (8) and (9), respectively; and
(B) by inserting after paragraph (6) the
following new paragraph (7):
``(7) A summary of the assessment under subsection
(d)(8) regarding the execution of programs with current
and projected budgets and any associated risks.''; and
(2) in subsection (d)--
(A) by redesignating paragraph (8) as
paragraph (9); and
(B) by inserting after paragraph (7) the
following new paragraph (8):
``(8) An assessment of whether the programs
described by the report can be executed with current
and projected budgets and any associated risks.''.
SEC. 3135. ASSESSMENT AND DEVELOPMENT OF PROTOTYPE NUCLEAR WEAPONS OF
FOREIGN COUNTRIES.
(a) Stockpile Stewardship, Management, and Responsiveness
Plan.--Section 4203(d)(1) of the Atomic Energy Defense Act (50
U.S.C. 2523(d)(1)) is amended--
(1) in subparagraph (M), by striking ``; and'' and
inserting a semicolon;
(2) in subparagraph (N), by striking the period at
the end and inserting ``; and''; and
(3) by adding at the end the following:
``(O) as required, when assessing and
developing prototype nuclear weapons of foreign
countries, a report from the directors of the
national security laboratories on the need and
plan for such assessment and development that
includes separate comments on the plan from the
Secretary of Energy and the Director of
National Intelligence.''.
(b) Stockpile Responsiveness Program.--Section 4220(c) of
the Atomic Energy Defense Act (50 U.S.C. 2538b(c)) is amended
by adding at the end the following:
``(6) The retention of the ability, in consultation
with the Director of National Intelligence, to assess
and develop prototype nuclear weapons of foreign
countries and, if necessary, to conduct no-yield
testing of those prototypes.''.
(c) Conforming Repeal.--
(1) In general.--Section 4509 of the Atomic Energy
Defense Act (50 U.S.C. 2660) is repealed.
(2) Clerical amendment.--The table of contents for
the Atomic Energy Defense Act is amended by striking
the items relating to sections 4508 and 4509.
SEC. 3136. PLAN FOR VERIFICATION, DETECTION, AND MONITORING OF NUCLEAR
WEAPONS AND FISSILE MATERIAL.
(a) Findings and Sense of Congress.--
(1) Findings.--Congress finds the following:
(A) A January 2014 Defense Science Board
report found that ``The nuclear future will not
be a linear extrapolation of the past... [and]
[t]he technologies and processes designed for
current treaty verification and inspections are
inadequate to future monitoring realities.''.
(B) Section 3133 of the Carl Levin and
Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public
Law 113-291; 127 Stat. 3896) required an
interagency plan for monitoring of nuclear
weapons and fissile material, and section 3132
of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat.
2768) required an update of such plan. In both
instances, the reports submitted failed to
answer the congressional requirements, and
instead provided only a brief summary of the
National Security Council structure and
processes.
(2) Sense of congress.--It is the sense of Congress
that verification, detection, and monitoring of nuclear
weapons and fissile material should be a priority for
national security, and that the reports submitted to
date do not reflect this priority, or the current and
planned initiatives related to nuclear verification and
detection.
(b) Plan.--The President, in consultation with the
Secretary of State, the Secretary of Defense, the Secretary of
Energy, the Secretary of Homeland Security, and the Director of
National Intelligence, shall develop a plan for verification
and monitoring relating to the potential proliferation of
nuclear weapons, components of such weapons, and fissile
material.
(c) Elements.--The plan developed under subsection (b)
shall include the following:
(1) A plan and road map for verification,
detection, and monitoring, with respect to policy,
operations, and research, development, testing, and
evaluation, including--
(A) identifying requirements for such
verification, detection, and monitoring;
(B) costs and funding requirements over 10
years for such verification, detection, and
monitoring; and
(C) identifying and integrating roles,
responsibilities, and planning for such
verification, detection, and monitoring.
(2) A detailed international engagement plan for
building cooperation and transparency, including
bilateral and multilateral efforts, to improve
inspections, detection, and monitoring.
(3) A detailed description of--
(A) current and planned research and
development efforts to improve monitoring,
detection, and in-field inspection and analysis
capabilities, including persistent
surveillance, remote monitoring, and rapid
analysis of large data sets, including open-
source data; and
(B) measures to coordinate technical and
operational requirements early in the process.
(4) Engagement of relevant departments and agencies
of the Federal Government and the military departments
(including the Open Source Center and the United States
Atomic Energy Detection System), national laboratories,
industry, and academia.
(d) Designation of DOE.--The President shall designate the
Department of Energy as the lead agency for development of the
plan under subsection (b).
(e) Briefing.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Energy, acting through
the Administrator for Nuclear Security, shall provide to the
appropriate congressional committees an interim briefing on the
plan under subsection (b).
(f) Limitation.--Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2018
for the Department of Defense for supporting the Executive
Office of the President, $10,000,000 may not be obligated or
expended until the date on which the President submits to the
appropriate congressional committees the plan under subsection
(g)(1).
(g) Submission.--
(1) Deadline.--Not later than April 15, 2018, the
President shall submit to the appropriate congressional
committees the plan developed under subsection (b).
(2) Form.--The plan under subsection (b) shall be
submitted in unclassified form, but, consistent with
the protection of intelligence sources and methods, may
include a classified annex.
(h) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The congressional defense committees.
(2) The Select Committee on Intelligence of the
Senate and the Permanent Select Committee on
Intelligence of the House of Representatives.
(3) The Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the
House of Representatives.
(4) The Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives.
(5) The Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Energy and Commerce of the House of Representatives.
SEC. 3137. REVIEW OF UNITED STATES NUCLEAR AND RADIOLOGICAL TERRORISM
PREVENTION STRATEGY.
(a) In General.--The Secretary of Energy, acting through
the Administrator for Nuclear Security, shall enter into an
arrangement with the private scientific advisory group known as
JASON to assess and recommend improvements to the strategies of
the United States for preventing, countering, and responding to
nuclear and radiological terrorism, specifically terrorism
involving the use of nuclear weapons, improvised nuclear
devices, or radiological dispersal or exposure devices, or the
sabotage of nuclear facilities.
(b) Review.--The assessment conducted under subsection (a)
shall address the adequacy of the strategies of the United
States described in that subsection and identify technical,
policy, and resource gaps with respect to--
(1) identifying national and international nuclear
and radiological terrorism risks and critical emerging
threats;
(2) preventing state-sponsored actors and non-state
actors from acquiring the technologies, materials, and
critical expertise needed to mount nuclear or
radiological attacks, including dual-use technologies,
materials, and expertise;
(3) countering efforts by state-sponsored actors
and non-state actors to mount such attacks;
(4) responding to nuclear and radiological
terrorism incidents to attribute their origin and help
manage their consequences; and
(5) other important matters identified by JASON
that are directly relevant to those strategies.
(c) Recommendations.--The assessment conducted under
subsection (a) shall include recommendations to the Secretary
of Energy, Congress, and such other Federal entities as JASON
considers appropriate, for preventing, countering, and
responding to nuclear and radiological terrorism, including
recommendations for--
(1) closing technical, policy, or resource gaps;
(2) improving cooperation and appropriate
integration among Federal entities and Federal, State,
and tribal governments;
(3) improving cooperation between the United States
and other countries and international organizations;
and
(4) other important matters identified by JASON
that are directly relevant to the strategies of the
United States described in subsection (a).
(d) Liaisons.--The Secretary of Energy, the Secretary of
Defense, the Secretary of Homeland Security, the Secretary of
State, and the Director of National Intelligence shall appoint
appropriate liaisons to JASON with respect to supporting the
timely conduct of the assessment required by subsection (a).
(e) Materials.--The Secretary of Energy, the Secretary of
Defense, the Secretary of Homeland Security, the Secretary of
State, and the Director of National Intelligence shall provide
access to JASON to materials relevant to the assessment
required by subsection (a), consistent with the protection of
sources and methods and other critically sensitive information.
(f) Clearances.--The Secretary of Energy and the Director
of National Intelligence shall ensure that appropriate members
and staff of JASON have the necessary clearances, obtained in
an expedited manner, to conduct the assessment required by
subsection (a).
SEC. 3138. ASSESSMENT OF MANAGEMENT AND OPERATING CONTRACTS OF NATIONAL
SECURITY LABORATORIES.
(a) Assessment.--Not later than 30 days after the date of
the enactment of this Act, the Administrator for Nuclear
Security shall seek to enter into a contract with a federally
funded research and development center to conduct an assessment
of the benefits, costs, challenges, risks, efficiency, and
effectiveness of the strategy of the Administrator with respect
to management and operating contracts for national security
laboratories. The Administrator may not award such contract to
a federally funded research and development center for which
the Department of Energy or the National Nuclear Security
Administration is the primary sponsor.
(b) Cooperation.--The Administrator, and the director of
each national security laboratory, shall provide to the
federally funded research and development center conducting the
assessment under subsection (a) the information the center
requires to conduct such assessment.
(c) Submission.--
(1) NNSA.--Not later than 90 days after the date on
which the Administrator and a federally funded research
and development center enter into the contract under
subsection (a), the center shall submit to the
Administrator a report on the assessment conducted
under such subsection. Such report shall include the
following:
(A) An assessment of the acquisition
strategy and the contract oversight process of
the Administrator, and of the use of for-profit
management and operating contractors at
national security laboratories, and whether
such strategy, process, and contractors provide
the best outcomes to the Federal Government
with respect to performance, cost, efficiency,
and effectiveness.
(B) An assessment of the total costs, for
each national security laboratory, that are
incurred because of using a for-profit model
for the management and operating contract that
would not be incurred under a nonprofit model,
and whether performance, costs, efficiency, and
effectiveness would be expected to increase or
decrease under a nonprofit model.
(C) An assessment of whether the
Administrator is appropriately using, managing,
and overseeing the national security
laboratories with respect to the nature of the
laboratories as federally funded research and
development centers.
(2) Congress.--Not later than 30 days after the
date on which the Administrator receives the report
under paragraph (1), the Administrator shall submit to
the congressional defense committees such report,
without change, together with any comments the
Administrator determines appropriate.
(3) Limitation.--
(A) Award or extension of contract.--None
of the funds authorized to be appropriated by
this Act or otherwise made available for fiscal
year 2018 for the National Nuclear Security
Administration may be obligated or expended to
issue a final award, or issue a decision to
extend, a management and operating contract for
a national security laboratory until the date
on which the Administrator submits to the
congressional defense committees the report
under paragraph (2).
(B) Waiver for extension.--The Secretary of
Energy may waive the limitation in subparagraph
(A) with respect to the extension of a
management and operating contract for a
national security laboratory if the Secretary--
(i) determines such waiver is
required in the interest of national
security; and
(ii) notifies the Committees on
Armed Services of the House of
Representatives and the Senate of such
determination.
(d) Sense of Congress.--It is the sense of Congress that
nothing in this section should be construed to mandate or
encourage an extension of an existing management and operating
contract for a national security laboratory.
(e) National Security Laboratory Defined.--In this section,
the term ``national security laboratory'' has the meaning given
that term in section 4002(7) of the Atomic Energy Defense Act
(50 U.S.C. 2501(7)).
SEC. 3139. EVALUATION OF CLASSIFICATION OF CERTAIN DEFENSE NUCLEAR
WASTE.
(a) Evaluation.--The Secretary of Energy shall conduct an
evaluation of the feasibility, costs, and cost savings of
classifying covered defense nuclear waste as other than high-
level radioactive waste, without decreasing environmental,
health, or public safety requirements.
(b) Matters Included.--In conducting the evaluation under
subsection (a), the Secretary shall consider--
(1) the estimated quantities and locations of
covered defense nuclear waste;
(2) the potential disposal paths for such waste;
(3) the estimated disposal timeline for such waste;
(4) the estimated costs for disposal of such waste,
and potential cost savings;
(5) the potential effect on existing consent
orders, permits, and agreements;
(6) the basis by which the Secretary would make a
decision on reclassification of such waste; and
(7) any such other matters relating to defense
nuclear waste or other reprocessing waste that the
Secretary determines appropriate.
(c) Report.--Not later than February 1, 2018, the Secretary
shall submit to the appropriate congressional committees a
report on the evaluation under subsection (a), including a
description of--
(1) the consideration by the Secretary of the
matters under subsection (b);
(2) any actions the Secretary has taken or plans to
take to change the processes, rules, regulations,
orders, or directives, relating to defense nuclear
waste, as appropriate;
(3) any recommendations for legislative action the
Secretary determines appropriate; and
(4) the assessment of the Secretary regarding the
benefits and risks of the actions and recommendations
of the Secretary under paragraphs (1) and (2).
(d) Differentiation of Waste.--In conducting the evaluation
under subsection (a) and preparing the report required by
subsection (c), the Secretary shall distinguish between covered
nuclear waste described in subparagraph (A) of subsection
(e)(2) and covered nuclear waste described in subparagraph (B)
of that subsection.
(e) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the
following:
(A) The congressional defense committees.
(B) The Committee on Energy and Commerce of
the House of Representatives.
(C) The Committee on Energy and Natural
Resources of the Senate.
(2) Covered defense nuclear waste.--The term
``covered defense nuclear waste'' means radioactive
waste that resulted from the reprocessing of spent
nuclear fuel that was generated from atomic energy
defense activities and that--
(A) contains more than 100 nCi/g of alpha-
emitting transuranic isotopes with half-lives
greater than 20 years; or
(B) may be classified, managed, treated,
and disposed of, regardless of origin or
previous classification, as other than high-
level radioactive waste.
SEC. 3140. IMPROVED REPORTING FOR ANTI-SMUGGLING RADIATION DETECTION
SYSTEMS.
(a) Annual Report.--Together with the submission to
Congress of the budget of the President under section 1105(a)
of title 31, United States Code, for each of fiscal years 2019
through 2021, the Administrator for Nuclear Security shall
submit to the congressional defense committees a report
regarding any anti-smuggling radiation detection systems that
the Administrator proposes to deploy during the fiscal year
covered by the budget.
(b) Matters Included.--Each report under subsection (a)
shall include the following:
(1) The probability of detection for the anti-
smuggling radiation detection systems covered by the
report against realistic potential smuggling threats,
including shielded and unshielded uranium, plutonium,
and other special nuclear material.
(2) The costs associated with the deployments of
such systems, including costs to the United States and
costs to any host country.
(3) Options for technological advances that would
make radiation detection less expensive or more
effective.
(4) The benefits to the national security of the
United States resulting from the deployments of such
systems.
SEC. 3141. PLUTONIUM CAPABILITIES.
(a) Report.--Not later than 30 days after the date of the
enactment of this Act, the Administrator for Nuclear Security
shall submit to the congressional defense committees and the
Secretary of Defense a report on the recommended alternative
endorsed by the Administrator for recapitalization of plutonium
science and production capabilities of the nuclear security
enterprise. The report shall identify the recommended
alternative endorsed by the Administrator and contain the
analysis of alternatives, including costs, upon which the
Administrator relied in making such endorsement.
(b) Certification.--Not later than 60 days after the date
on which the Secretary of Defense receives the report required
by subsection (a), the Chairman of the Nuclear Weapons Council
shall submit to the congressional defense committees the
written certification of the Chairman regarding whether--
(1) the recommended alternative described in
subsection (a)--
(A) is acceptable to the Secretary of
Defense and the Nuclear Weapons Council and
meets the requirements of the Secretary for
plutonium pit production capacity and
capability;
(B) is likely to meet the pit production
timelines and milestones required by section
4219 of the Atomic Energy Defense Act (50
U.S.C. 2538a);
(C) is likely to meet pit production
timelines and requirements responsive to
military requirements;
(D) is cost effective and has reasonable
near-term and lifecycle costs that are
minimized, to the extent practicable, as
compared to other alternatives;
(E) contains minimized and manageable risks
as compared to other alternatives; and
(F) can be acceptably reconciled with any
differences in the conclusions made by the
Office of Cost Assessment and Program
Evaluation of the Department of Defense in the
business case analysis of plutonium pit
production capability issued in 2013; and
(2) the Administrator has--
(A) documented the assumptions and
constraints used in the analysis of
alternatives described in subsection (a); and
(B) tested and documented the sensitivity
of the cost estimates for each alternative to
risks and changes in key assumptions.
(c) Assessment.--
(1) In general.--Not later than 90 days after the
date of the enactment of this Act, the Director for
Cost Estimating and Program Evaluation of the National
Nuclear Security Administration shall provide to the
congressional defense committees a briefing containing
the assessment of the Director of the analysis of
alternatives described in subsection (a).
(2) Elements.--The briefing required by paragraph
(1) shall include--
(A) descriptions of the scope, risks, and
costs for alternatives not considered in the
analysis of alternatives that the Director
deems viable; and
(B) any views of the Administrator
regarding such alternatives.
(d) Effect of Failure to Identify Recommended
Alternative.--The Administrator shall carry out the modular
building strategy (as defined in section 3114(c)(3) of the
National Defense Authorization Act for Fiscal Year 2013 (50
U.S.C. 2535 note)) at Los Alamos National Laboratory, Los
Alamos, New Mexico, if, by the date that is 150 days after the
date of the enactment of this Act--
(1) the Administrator has not identified, in the
report required by subsection (a), the recommended
alternative proposed by the Administrator for
recapitalization of plutonium science and production
capabilities of the nuclear security enterprise; or
(2) the Chairman of the Nuclear Weapons Council has
not certified under subsection (b) that the recommended
alternative proposed by the Administrator meets the
criteria described in subparagraphs (A) through (F) of
paragraph (1) of that subsection.
(e) Nuclear Security Enterprise Defined.--In this section,
the term ``nuclear security enterprise'' has the meaning given
that term in section 4002 of the Atomic Energy Defense Act (50
U.S.C. 2501).
SEC. 3142. REPORT ON CRITICAL DECISION 1 ON MATERIAL STAGING FACILITY
PROJECT.
Not later than 30 days after the date of the enactment of
this Act, the Administrator for Nuclear Security shall submit
to the congressional defense committees a report containing the
following:
(1) The decision memorandum of the Administrator
with respect to critical decision 1 in the acquisition
process for the Material Staging Facility project at
the Pantex Plant, Amarillo, Texas.
(2) The preferred alternative approved by the
Administrator for such critical decision 1.
(3) The cost-range estimates for such critical
decision 1, including a description of the costs saved
or avoided from not carrying out recapitalization and
sustainment of Area 4 at the Pantex Plant.
(4) The schedule-range estimates for such critical
decision 1 that include completion of the Material
Staging Facility by 2024.
(5) The risk factors and risk mitigation and
management options relating to the Material Staging
Facility.
(6) The expected improvements to operations and
security provided by the Material Staging Facility,
once operational, including the potential annual cost
savings.
(7) Such other matters as the Administrator
considers appropriate.
SEC. 3143. PLAN TO FURTHER MINIMIZE THE USE OF HIGHLY ENRICHED URANIUM
FOR MEDICAL ISOTOPES.
(a) Plan.--The Secretary of Energy, in consultation with
the Secretary of State, shall develop and assess a plan,
including with respect to the benefits, risks, costs, and
opportunities of the plan, to--
(1) take additional actions to promote the wider
utilization of molybdenum-99 and technetium-99m
produced without the use of highly enriched uranium
targets, such as, at a minimum, by--
(A) eliminating the availability of highly
enriched uranium for molybdenum-99 by buying
back United States-origin highly enriched
uranium in raw or target form from global
molybdenum-99 suppliers; and
(B) restricting or placing financial
penalties on the import of molybdenum-99
produced with highly enriched uranium targets;
(2) work with global molybdenum suppliers and
regulators to reduce the proliferation hazard from
reprocessing waste from medical isotope production
containing United States-origin highly enriched
uranium; and
(3) ensure an adequate supply of molybdenum-99 and
technetium-99 at all times, and both assess and
mitigate any risks to such supply during a transition
to production without the use of highly enriched
uranium.
(b) Submission.--
(1) In general.--Not later than April 1, 2018, the
Secretary of Energy shall submit to the appropriate
congressional committees a report containing the plan
and assessment under subsection (a).
(2) Form.--The report under paragraph (1) shall be
submitted in unclassified form, but may include a
classified annex.
(3) Appropriate congressional committees defined.--
In this subsection, the term ``appropriate
congressional committees'' means--
(A) the congressional defense committees;
(B) the Committee on Foreign Affairs and
the Committee on Energy and Commerce of the
House of Representatives; and
(C) the Committee on Foreign Relations and
the Committee on Energy and Natural Resources
of the Senate.
Subtitle D--Other Matters
SEC. 3151. SENSE OF CONGRESS REGARDING COMPENSATION OF INDIVIDUALS
RELATING TO URANIUM MINING AND NUCLEAR TESTING.
(a) Findings.--Congress makes the following findings:
(1) The Radiation Exposure Compensation Act (42
U.S.C. 2210 note) was enacted in 1990 to provide
monetary compensation to individuals who contracted
certain cancers and other serious diseases following
their exposure to radiation released during atmospheric
nuclear weapons testing during the Cold War or
following exposure to radiation as a result of
employment in the uranium industry during the Cold War.
(2) The Energy Employees Occupational Illness
Compensation Program Act of 2000 (42 U.S.C. 7384 et
seq.) formally acknowledged the dangers to which some
employees of sites of the Department of Energy and its
vendors during the Cold War were exposed. That Act also
acknowledged that, although establishing the link
between occupational hazards and specific diseases can
be difficult, scientific evidence exists to support the
conclusion that some activities related to Cold War
nuclear weapons production have resulted in increased
risk of illness and death to workers. That Act
established a formal process for the submission of
claims for medical expenses and lump sum compensation
for former employees and contractors and survivors of
those former employees and contractors.
(3) As of the date of the enactment of this Act,
more than 145,775 claims have been paid out under the
Radiation Exposure Compensation Act and the Energy
Employees Occupational Illness Compensation Program Act
of 2000, for a total of at least $16,400,000,000 in
lump sum compensation and medical expenses.
(b) Sense of Congress.--It is the sense of Congress that
the United States Government should appropriately compensate
and recognize the employees, contractors, and other individuals
described in subsection (a).
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
SEC. 3201. AUTHORIZATION.
(a) Authorization.--There are authorized to be appropriated
for fiscal year 2018, $30,600,000 for the operation of the
Defense Nuclear Facilities Safety Board under chapter 21 of the
Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.).
(b) Certification.--Not later than 10 days after the date
on which the budget of the President for fiscal year 2019 or
any fiscal year thereafter is submitted to Congress pursuant to
section 1105(a) of title 31, United States Code, the Defense
Nuclear Facilities Safety Board shall submit to the
congressional defense committees a letter certifying that the
requested budget is sufficient to carry out the mission of the
Defense Nuclear Facilities Safety Board during the fiscal year
covered by the budget request.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
(a) Amount.--There are hereby authorized to be appropriated
to the Secretary of Energy $4,900,000 for fiscal year 2018 for
the purpose of carrying out activities under chapter 641 of
title 10, United States Code, relating to the naval petroleum
reserves.
(b) Period of Availability.--Funds appropriated pursuant to
the authorization of appropriations in subsection (a) shall
remain available until expended.
TITLE XXXV--MARITIME MATTERS
Sec. 3501. Authorization of the Maritime Administration.
Sec. 3502. Merchant Ship Sales Act of 1946.
Sec. 3503. Maritime Security Fleet Program; restriction on operation for
new entrants.
Sec. 3504. Codification of sections relating to acquisition, charter,
and requisition of vessels.
Sec. 3505. Assistance for small shipyards.
Sec. 3506. Report on sexual assault victim recovery in the Coast Guard.
Sec. 3507. Centers of excellence.
Sec. 3508. Foreign spill protection.
Sec. 3509. Removal of adjunct professor limit at United States Merchant
Marine Academy.
Sec. 3510. Acceptance of guarantees in conjunction with partial
donations for major projects of the United States Merchant
Marine Academy.
Sec. 3511. Authority to pay conveyance or transfer expenses in
connection with acceptance of a gift to the United States
Merchant Marine Academy.
Sec. 3512. Authority to participate in Federal, State or other research
grants.
Sec. 3513. Provision of satellite communication devices during Sea Year
program.
Sec. 3514. Actions to address sexual harassment, dating violence,
domestic violence, sexual assault, and stalking at the United
States Merchant Marine Academy.
Sec. 3515. Sexual assault prevention and response staff for the United
States Merchant Marine Academy.
Sec. 3516. Protection of cadets at the United States Merchant Marine
Academy from sexual assault onboard commercial vessels.
Sec. 3517. Training requirement for sexual assault investigators.
SEC. 3501. AUTHORIZATION OF THE MARITIME ADMINISTRATION.
(a) In General.--There are authorized to be appropriated to
the Department of Transportation for fiscal year 2018, to be
available without fiscal year limitation if so provided in
appropriations Acts, for programs associated with maintaining
the United States merchant marine, the following amounts:
(1) For expenses necessary for operations of the
United States Merchant Marine Academy, $87,000,000, of
which--
(A) $69,000,000 shall be for Academy
operations including--
(i) the implementation of section
3514(b) of the National Defense
Authorization Act for Fiscal Year 2017,
as added by section 3513; and
(ii) staffing, training, and other
actions necessary to prevent and
respond to sexual harassment and sexual
assault; and
(B) $18,000,000 shall remain available
until expended for capital asset management at
the Academy.
(2) For expenses necessary to support the State
maritime academies, $29,550,000, of which--
(A) $2,400,000 shall remain available until
September 30, 2019, for the Student Incentive
Program;
(B) $3,000,000 shall remain available until
expended for direct payments to such academies;
(C) $22,000,000 shall remain available
until expended for maintenance and repair of
State maritime academy training vessels;
(D) $1,800,000 shall remain available until
expended for training ship fuel assistance; and
(E) $350,000 shall remain available until
expended for expenses to improve the monitoring
of the service obligations of graduates.
(3) For expenses necessary to support the National
Security Multi-Mission Vessel Program, $50,000,000,
which shall remain available until expended.
(4) For expenses necessary to support Maritime
Administration operations and programs, $60,020,000.
(5) For expenses necessary to dispose of vessels in
the National Defense Reserve Fleet, $9,000,000, which
shall remain available until expended.
(6) For expenses necessary to maintain and preserve
a United States flag merchant marine to serve the
national security needs of the United States under
chapter 531 of title 46, United States Code,
$300,000,000.
(7) For expenses necessary for the loan guarantee
program authorized under chapter 537 of title 46,
United States Code, $33,000,000, of which--
(A) $30,000,000 may be used for the cost
(as defined in section 502(5) of the Federal
Credit Reform Act of 1990 (2 U.S.C. 661a(5)))
of loan guarantees under the program; and
(B) $3,000,000 may be used for
administrative expenses relating to loan
guarantee commitments under the program.
(b) Assistance for Small Shipyards and Maritime
Communities.--Section 54101(i) of title 46, United States Code,
is amended by striking ``2015'' and all that follows before the
period and inserting ``2018, 2019, and 2020 to carry out this
section $35,000,000''.
SEC. 3502. MERCHANT SHIP SALES ACT OF 1946.
(a) Amendments.--The Merchant Ship Sales Act of 1946 (50
U.S.C. 4401 et seq.) is amended by--
(1) repealing the first section and sections 2, 3,
5, 12, and 14;
(2) in section 8, redesignating subsection (d) as
section 56308 of title 46, United States Code, and
transferring it to appear after section 56307 of such
title; and
(3) redesignating section 11 as section 57100 of
title 46, United States Code, and transferring it to
appear before section 57101 of such title.
(b) Conforming and Clerical Amendments.--
(1) Section 2218 of title 10, United States Code,
is amended by striking ``section 11 of the Merchant
Ship Sales Act of 1946 (50 U.S.C. App. 1744)'' each
place it appears and inserting ``section 57100 of title
46''.
(2) Section 3134 of title 40, United States Code,
is amended--
(A) by striking ``31,'' and inserting ``31
or''; and
(B) by striking ``or the Merchant Ship
Sales Act of 1946 (50 App. U.S.C. 1735 et
seq.),''.
(3) Section 3703a(b)(6) of title 46, United States
Code, is amended by striking ``section 11 of the
Merchant Ship Sales Act of 1946 (50 App. U.S.C. 1744)''
and inserting ``section 57100''.
(4) Section 52101(c)(1)(A)(i) of title 46, United
States Code, is amended by striking ``section 11 of the
Merchant Ship Sales Act of 1946 (50 App. U.S.C. 1744)''
and inserting ``section 57100''.
(5) Section 56308 of title 46, United States Code,
as redesignated and transferred by subsection (a)(2) of
this section, is amended--
(A) by striking so much as precedes
``vessel constructed'' and inserting the
following:
``Sec. 56308. Transfer of substitute vessels
``In the case of any'';
(B) by inserting ``of Transportation''
after ``Secretary''; and
(C) by striking ``adjustments with respect
to the retained vessels as provided for in
section 9, and''.
(6) Section 57100 of title 46, United States Code,
as redesignated and transferred by subsection (a)(3) of
this section, is amended--
(A) by striking so much as precedes the
text of subsection (a) and inserting the
following:
``Sec. 57100. National Defense Reserve Fleet
``(a) Fleet Components.--'';
(B) in subsection (b), by inserting before
the first sentence the following: ``Permitted
Uses.--''; and
(C) in subsection (e)--
(i) by inserting before the first
sentence the following: ``Exemption
From Tank Vessel Construction
Standards.--''; and
(ii) by striking ``of title 46,
United States Code''.
(7) Section 57101 of title 46, United States Code,
is amended by striking ``maintained under section 11 of
the Merchant Ship Sales Act of 1946 (50 App. 1744)''.
(8) The analysis for chapter 563 of title 46,
United States Code, is amended by inserting after the
item relating to section 56307 the following:
``56308. Transfer of substitute vessels.''.
(9) The analysis for chapter 571 of title 46,
United States Code, is amended by inserting before the
item relating to section 57101 the following:
``57100. National Defense Reserve Fleet.''.
SEC. 3503. MARITIME SECURITY FLEET PROGRAM; RESTRICTION ON OPERATION
FOR NEW ENTRANTS.
(a) Restriction.--Section 53105(a) of title 46, United
States Code, is amended--
(1) in paragraph (1)(A), by inserting ``, except as
provided in paragraph (2),'' after ``in the foreign
commerce or'';
(2) in paragraph (1)(B), by striking ``and'' after
the semicolon at the end;
(3) by redesignating paragraph (2) as paragraph
(3); and
(4) by inserting after paragraph (1) the following:
``(2) in the case of a vessel, other than a
replacement vessel under subsection (f), first covered
by an operating agreement after the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 2018, the vessel shall not be operated in
the transportation of cargo between points in the
United States and its territories either directly or
via a foreign port; and''.
(b) Conforming Amendments.--Section 53106 of title 46,
United States Code, is amended--
(1) in subsection (b), by striking ``section
53105(a)(1)'' and inserting ``paragraph (1) and (2) of
section 53105(a), as otherwise applicable with respect
to such vessel,''; and
(2) in subsection (d)(3), by striking ``section
53105(a)(1)'' and inserting ``paragraph (1) and (2) of
section 53105(a), as otherwise applicable with respect
to such vessel''.
SEC. 3504. CODIFICATION OF SECTIONS RELATING TO ACQUISITION, CHARTER,
AND REQUISITION OF VESSELS.
(a) Emergency Foreign Vessel Acquisition; Purchase or
Requisition of Vessels Lying Idle in United States Waters.--The
first section of the Act of August 9, 1954 (ch. 659; 50 U.S.C.
196)--
(1) is redesignated as section 56309 of title 46,
United States Code, and transferred to appear at the
end of chapter 563 of such title, as otherwise amended
by this title; and
(2) is amended--
(A) by striking ``That during'' and
inserting the following:
``Sec. 56309. Emergency foreign vessel acquisition; purchase or
requisition of vessels lying idle in United States
waters
``During'';
(B) by striking ``section 902 of the
Merchant Marine Act, 1936, as amended'' each
place it appears and inserting ``this
chapter''; and
(C) by striking ``the second paragraph of
subsection (d) of such section 902, as
amended'' and inserting ``section 56305''.
(b) Voluntary Purchase or Charter Agreements.--Section 2 of
such Act (50 U.S.C. 197)--
(1) is redesignated as section 56310 of title 46,
United States Code, and transferred to appear after
section 56309 of such title (as amended by subsection
(a)); and
(2) is amended--
(A) by striking so much as proceeds
``During'' and inserting the following:
``Sec. 56310. Voluntary purchase or charter agreements''; and
(B) by striking ``section 902 of the
Merchant Marine Act, 1936,'' and inserting
``this chapter''.
(c) Requisitioned Vessels.--Section 3 of such Act (50
U.S.C. 198)--
(1) is redesignated as section 56311 of title 46,
United States Code, and transferred to appear after
section 56310 of such title (as amended by subsections
(a) and (b));
(2) is amended by striking so much as precedes
subsection (a) and inserting the following:
``Sec. 56311. Requisitioned vessels''; and
(3) is amended--
(A) except as provided in subparagraphs (B)
and (C), by striking ``this Act'' each place it
appears and inserting ``section 56309 or 56310,
as applicable'';
(B) in subsection (c)--
(i) in the first sentence, by
striking ``this Act'' and inserting
``section 56309 or 56310, as
applicable,''; and
(ii) by striking ``The second
paragraph of section 9 of the Shipping
Act, 1916, as amended,'' and inserting
``Section 57109''; and
(C) in subsection (d)--
(i) in the first sentence by
striking ``provisions of section 3709
of the Revised Statutes'' and inserting
``section 6101 of title 41'';
(ii) in the second sentence--
(I) by striking ``this
Act'' and inserting ``section
56309 or 56310, as
applicable,''; and
(II) by striking ``said
section 3709'' and inserting
``section 6101 of title 41'';
(iii) by striking ``title VII of
the Merchant Marine Act, 1936'' and
inserting ``chapter 575''; and
(iv) by striking subsection (f).
(d) Documented Defined.--Chapter 563 of title 46, United
States Code, as amended by this section, is further amended by
adding at the end the following:
``Sec. 56312. Documented defined
``In sections 56309 through 56311, the term `documented'
means, with respect to a vessel, that a certificate of
documentation has been issued for the vessel under chapter
121.''.
(e) Clerical Amendment.--The analysis for chapter 563 of
title 46, United States Code, as otherwise amended by this
title, is further amended by adding at the end the following:
``56309. Emergency foreign vessel acquisition; purchase or requisition
of vessels lying idle in United States waters
``56310. Voluntary purchase or charter agreements
``56311. Requisitioned vessels
``56312. Documented defined''.
(f) References.--Any reference in a law, regulation,
document, paper, or other record of the United States to a
section that is redesignated and transferred by this section is
deemed to refer to such section as so redesignated and
transferred.
SEC. 3505. ASSISTANCE FOR SMALL SHIPYARDS.
(a) In General.--Section 54101 of title 46, United States
Code, is amended--
(1) in the section heading, by striking ``and
maritime communities'';
(2) in subsection (a)(2), by striking ``in
communities'' and all that follows through the period
and inserting ``relating to shipbuilding, ship repair,
and associated industries.'';
(3) by amending subsection (b) to read as follows:
``(b) Awards.--
``(1) In general.--In providing assistance under
the program, the Administrator shall consider projects
that foster--
``(A) efficiency, competitive operations,
and quality ship construction, repair, and
reconfiguration; and
``(B) employee skills and enhanced
productivity related to shipbuilding, ship
repair, and associated industries.
``(2) Timing of grants.--The Administrator shall
award grants under this section not later than 120 days
after the date of the enactment of the appropriations
Act for the fiscal year concerned.
``(3) Reuse of unexpended grant funds.--
Notwithstanding paragraph (2), amounts awarded as a
grant under this section that are not expended by the
grantee shall remain available to the Administrator for
use for grants under this section.'';
(4) in subsection (c)(1)--
(A) by inserting ``to'' after ``may be
used''; and
(B) by striking subparagraphs (A), (B), and
(C) and inserting the following:
``(A) make capital and related improvements
in small shipyards; and
``(B) provide training for workers in
shipbuilding, ship repair, and associated
industries.'';
(5) in subsection (d), by striking ``unless'' and
all that follows before the period; and
(6) in subsection (e)--
(A) by striking paragraph (2);
(B) by redesignating paragraph (3) as
paragraph (2); and
(C) in paragraph (1) by striking ``Except
as provided in paragraph (2),''.
(b) Clerical Amendment.--The analysis for chapter 541 of
title 46, United States Code, is amended by striking the item
relating to section 54101 and inserting the following:
``54101. Assistance for small shipyards.''.
SEC. 3506. REPORT ON SEXUAL ASSAULT VICTIM RECOVERY IN THE COAST GUARD.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Commandant of the Coast Guard
shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report on sexual assault prevention and response
policies of the Coast Guard and strategic goals related to
sexual assault victim recovery.
(b) Contents.--The report shall--
(1) describe Coast Guard strategic goals relating
to sexual assault climate, prevention, response, and
accountability, and actions taken by the Coast Guard to
promote sexual assault victim recovery;
(2) explain how victim recovery is being
incorporated into Coast Guard strategic and
programmatic guidance related to sexual assault
prevention and response;
(3) examine current Coast Guard sexual assault
prevention and response policy with respect to--
(A) Coast Guard criteria for what comprises
sexual assault victim recovery;
(B) alignment of Coast Guard personnel
policies to enhance--
(i) an approach to sexual assault
response that gives priority to victim
recovery;
(ii) upholding individual privacy
and dignity; and
(iii) the opportunity for the
continuation of Coast Guard service by
sexual assault victims; and
(C) sexual harassment response, including a
description of the circumstances under which
sexual harassment is considered a criminal
offense; and
(4) to ensure victims and supervisors understand
the full scope of resources available to aid in long-
term recovery, explain how the Coast Guard informs its
workforce about changes to sexual assault prevention
and response policies related to victim recovery.
SEC. 3507. CENTERS OF EXCELLENCE.
(a) In General.--Chapter 541 of title 46, United States
Code, is amended by adding at the end the following:
``Sec. 54102. Centers of excellence for domestic maritime workforce
training and education
``(a) Designation.--The Secretary of Transportation may
designate as a center of excellence for domestic maritime
workforce training and education a covered training entity
located in a State that borders on the--
``(1) Gulf of Mexico;
``(2) Atlantic Ocean;
``(3) Long Island Sound;
``(4) Pacific Ocean;
``(5) Great Lakes;
``(6) Mississippi River System;
``(7) Arctic; or
``(8) Gulf of Alaska.
``(b) Assistance.--The Secretary may enter into a
cooperative agreement (as that term is used in section 6305 of
title 31) with a center of excellence designated under
subsection (a) to support maritime workforce training and
education at the center of excellence, including efforts of the
center of excellence to--
``(1) admit additional students;
``(2) recruit and train faculty;
``(3) expand facilities;
``(4) create new maritime career pathways; or
``(5) award students credit for prior experience,
including military service.
``(c) Definitions.--In this section,
``(1) Covered training entity.--the term `covered
training entity' means an entity that is--
``(A) a community or technical college; or
``(B) a maritime training center--
``(i) operated by, or under the
supervision of, a State; and
``(ii) with a maritime training
program in operation on the date of
enactment of this section.
``(2) Arctic.--The term `Arctic' has the meaning
that term has under section 112 of the Arctic Research
and Policy Act of 1984 (15 U.S.C. 4111).''.
(b) Clerical Amendment.--The analysis for chapter 541 of
title 46, United States Code, is amended by inserting after the
item relating to section 54101 the following:
``54102. Centers of excellence for domestic maritime workforce training
and education.''.
SEC. 3508. FOREIGN SPILL PROTECTION.
(a) Short Title.--This section may be cited as the
``Foreign Spill Protection Act of 2017''.
(b) Liability of Owners and Operators of Foreign
Facilities.--
(1) Oil pollution control act amendments.--
(A) Definitions.--Section 1001 of the Oil
Pollution Act of 1990 (33 U.S.C. 2701) is
amended--
(i) in paragraph (26)(A)--
(I) in clause (ii), by
striking ``onshore or offshore
facility, any person'' and
inserting ``onshore facility,
offshore facility, or foreign
offshore unit or other facility
located seaward of the
exclusive economic zone, any
person or entity''; and
(II) in clause (iii), by
striking ``offshore facility,
the person who'' and inserting
``offshore facility or foreign
offshore unit or other facility
located seaward of the
exclusive economic zone, the
person or entity that''; and
(ii) in paragraph (32)--
(I) by redesignating
subparagraphs (D) through (F)
as subparagraphs (E) through
(G), respectively;
(II) by inserting after
subparagraph (C) the following:
``(D) Foreign facilities.--In the case of a
foreign offshore unit or other facility located
seaward of the exclusive economic zone, any
person or other entity owning or operating the
facility, and any leaseholder, permit holder,
assignee, or holder of a right of use and
easement granted under applicable foreign law
for the area in which the facility is
located.''; and
(III) in subparagraph (G),
as so redesignated, by striking
``or offshore facility, the
persons who'' and inserting ``,
offshore facility, or foreign
offshore unit or other facility
located seaward of the
exclusive economic zone, the
persons or entities that''.
(B) Actions on behalf of fund.--Section
1015(c) of the Oil Pollution Act of 1990 (33
U.S.C. 2715(c)) is amended, in the third
sentence, by adding before the period at the
end the following: ``or other facility located
seaward of the exclusive economic zone''.
(2) Federal water pollution control act
amendments.--Section 311(a)(11) of the Federal Water
Pollution Control Act (33 U.S.C. 1321(a)(11)) is
amended--
(A) by striking ``and any facility'' and
inserting ``any facility''; and
(B) by inserting ``, and, for the purposes
of applying subsections (b), (c), (e), and (o),
any foreign offshore unit (as defined in
section 1001 of the Oil Pollution Act) or any
other facility located seaward of the exclusive
economic zone'' after ``public vessel''.
SEC. 3509. REMOVAL OF ADJUNCT PROFESSOR LIMIT AT UNITED STATES MERCHANT
MARINE ACADEMY.
Section 51317 of title 46, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``and''
at the end; and
(B) in paragraph (2), by striking the
period at the end and inserting ``; and''; and
(2) by striking subsections (c) and (d).
SEC. 3510. ACCEPTANCE OF GUARANTEES IN CONJUNCTION WITH PARTIAL
DONATIONS FOR MAJOR PROJECTS OF THE UNITED STATES
MERCHANT MARINE ACADEMY.
(a) Guarantees.--Chapter 513 of title 46, United States
Code, is amended by adding at the end the following:
``Sec. 51320. Acceptance of guarantees with gifts for major projects
``(a) Definitions.--In this section:
``(1) Major project.--The term `major project'
means a project estimated to cost at least $1,000,000
for--
``(A) the purchase or other procurement of
real or personal property; or
``(B) the construction, renovation, or
repair of real or personal property.
``(2) Major united states commercial bank.--The
term `major United States commercial bank' means a
commercial bank that--
``(A) is an insured bank (as defined in
section 3(h) of the Federal Deposit Insurance
Act (12 U.S.C. 1813(h)));
``(B) is headquartered in the United
States; and
``(C) has total net assets of an amount
considered by the Maritime Administrator to
qualify the bank as a major bank.
``(3) Major united states investment management
firm.--The term `major United States investment
management firm' means--
``(A) any broker or dealer (as such terms
are defined in section 3 of the Securities
Exchange Act of 1934 (15 U.S.C. 78c));
``(B) any investment adviser or provider of
investment supervisory services (as such terms
are defined in section 202 of the Investment
Advisers Act of 1940 (15 U.S.C. 80b-2)); or
``(C) a major United States commercial bank
that--
``(i) is headquartered in the
United States; and
``(ii) holds for the account of
others investment assets in a total
amount considered by the Maritime
Administrator to qualify the bank as a
major investment management firm.
``(4) Qualified guarantee.--The term `qualified
guarantee', with respect to a major project, means a
guarantee that--
``(A) is made by 1 or more persons in
connection with a donation for the project of a
total amount in cash or securities that the
Maritime Administrator determines is sufficient
to defray a substantial portion of the total
cost of the project;
``(B) is made to facilitate or expedite the
completion of the project in reasonable
anticipation that other donors will contribute
sufficient funds or other resources in amounts
sufficient to pay for completion of the
project;
``(C) is set forth as a written agreement
providing that the donor will furnish in cash
or securities, in addition to the donor's other
gift or gifts for the project, any additional
amount that may become necessary for paying the
cost of completing the project by reason of a
failure to obtain from other donors or sources
funds or other resources in amounts sufficient
to pay the cost of completing the project; and
``(D) is accompanied by--
``(i) an irrevocable and
unconditional standby letter of credit
for the benefit of the United States
Merchant Marine Academy that is in the
amount of the guarantee and is issued
by a major United States commercial
bank; or
``(ii) a qualified account control
agreement.
``(5) Qualified account control agreement.--The
term `qualified account control agreement', with
respect to a guarantee of a donor, means an agreement
among the donor, the Maritime Administrator, and a
major United States investment management firm that--
``(A) ensures the availability of
sufficient funds or other financial resources
to pay the amount guaranteed during the period
of the guarantee;
``(B) provides for the perfection of a
security interest in the assets of the account
for the United States for the benefit of the
United States Merchant Marine Academy with the
highest priority available for liens and
security interests under applicable law;
``(C) requires the donor to maintain in an
account with the investment management firm
assets having a total value that is not less
than 130 percent of the amount guaranteed; and
``(D) requires the investment management
firm, whenever the value of the account is less
than the value required to be maintained under
subparagraph (C), to liquidate any noncash
assets in the account and reinvest the proceeds
in Treasury bills issued under section 3104 of
title 31.
``(b) Acceptance Authority.--Subject to subsection (d), the
Maritime Administrator may accept a qualified guarantee from a
donor or donors for the completion of a major project for the
benefit of the United States Merchant Marine Academy.
``(c) Obligation Authority.--The amount of a qualified
guarantee accepted under this section shall be considered as
contract authority to provide obligation authority for purposes
of Federal fiscal and contractual requirements. Funds available
for a project for which such a guarantee has been accepted may
be obligated and expended for the project without regard to
whether the total amount of funds and other resources available
for the project (not taking into account the amount of the
guarantee) is sufficient to pay for completion of the project.
``(d) Notice.--The Maritime Administrator may not accept a
qualified guarantee under this section for the completion of a
major project until 30 days after the date on which a report of
the facts concerning the proposed guarantee is submitted to
Congress.
``(e) Prohibition on Commingling Funds.--The Maritime
Administrator may not enter into any contract or other
transaction involving the use of a qualified guarantee and
appropriated funds in the same contract or transaction.''.
(b) Clerical Amendment.--The table of sections for chapter
513 of title 46, United States Code, is amended by adding at
the end the following:
``51320. Acceptance of guarantees with gifts for major projects.''.
SEC. 3511. AUTHORITY TO PAY CONVEYANCE OR TRANSFER EXPENSES IN
CONNECTION WITH ACCEPTANCE OF A GIFT TO THE UNITED
STATES MERCHANT MARINE ACADEMY.
Section 51315 of title 46, United States Code, is amended
by inserting at the end the following:
``(f) Payment of Expenses.--The Maritime Administrator may
pay all necessary expenses in connection with the conveyance or
transfer of a gift, devise, or bequest accepted under this
section.''.
SEC. 3512. AUTHORITY TO PARTICIPATE IN FEDERAL, STATE OR OTHER RESEARCH
GRANTS.
(a) Research Grants.--Chapter 513 of title 46, United
States Code, as amended by sections 3510 of this title, is
further amended by adding at the end the following:
``Sec. 51321. Grants for scientific and educational research
``(a) Defined Term.--In this section, the term `qualifying
research grant' is a grant that--
``(1) is awarded on a competitive basis by the
Federal Government (except for the Department of
Transportation), a State, a corporation, a fund, a
foundation, an educational institution, or a similar
entity that is organized and operated primarily for
scientific or educational purposes; and
``(2) is to be used to carry out a research project
with a scientific or educational purpose.
``(b) Acceptance of Qualifying Research Grants.--The United
States Merchant Marine Academy may compete for and accept
qualifying research grants if the work under the grant is to be
carried out by a professor or instructor of the United States
Merchant Marine Academy.
``(c) Administration of Grant Funds.--
``(1) Establishment of account.--The Maritime
Administrator shall establish a separate account for
administering funds received from research grants under
this section.
``(2) Use of grant funds.--The Superintendent shall
use grant funds deposited into the account established
pursuant to paragraph (1) in accordance with applicable
regulations and the terms and conditions of the
respective grants.
``(d) Related Expenses.--Subject to such limitations as may
be provided in appropriations Acts, appropriations available
for the United States Merchant Marine Academy may be used to
pay expenses incurred by the Academy in applying for, and
otherwise pursuing, a qualifying research grant.''.
(b) Clerical Amendment.--The table of sections for chapter
513 of title 46, United States Code, as amended by section
3510(b), is further amended by adding at the end the following:
``51321. Grants for scientific and educational research.''.
SEC. 3513. PROVISION OF SATELLITE COMMUNICATION DEVICES DURING SEA YEAR
PROGRAM.
Section 3514 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 46 U.S.C. 51318 note) is
amended--
(1) by striking ``Not later than'' and inserting
the following:
``(a) Vessel Operator Requirements.--Not later than''; and
(2) by adding at the end the following new
subsection:
``(b) Provision of Satellite Phone.--
``(1) In general.--The Maritime Administrator shall
ensure that each cadet from the United States Merchant
Marine Academy who is participating in the Sea Year
program is provided a functional satellite
communication device. A cadet may not be denied from
using the device whenever the student determines that
use of the device is necessary to prevent or report
sexual harassment or sexual assault.
``(2) Check-in.--Not less often than once each week
during a cadet's participation in the Sea Year program,
the cadet shall check-in with designated personnel at
the Academy via the satellite communication device
provided under paragraph (1). A text message sent via
the satellite device shall meet the requirement for a
weekly check-in for purposes of this paragraph.''.
SEC. 3514. ACTIONS TO ADDRESS SEXUAL HARASSMENT, DATING VIOLENCE,
DOMESTIC VIOLENCE, SEXUAL ASSAULT, AND STALKING AT
THE UNITED STATES MERCHANT MARINE ACADEMY.
(a) Expansion of Required Policy.--Section 51318(a) of
title 46, United States Code, is amended--
(1) in paragraph (1), by striking ``harassment and
sexual assault'' and inserting ``harassment, dating
violence, domestic violence, sexual assault, and
stalking'';
(2) in paragraph (2)--
(A) in the matter preceding subparagraph
(A), by striking ``harassment and sexual
assault'' and inserting ``harassment, dating
violence, domestic violence, sexual assault,
and stalking'';
(B) in subparagraph (A), by inserting
``domestic violence, dating violence,
stalking,'' after ``acquaintance rape,'';
(C) in subparagraph (B)--
(i) in the matter preceding clause
(i), by striking ``harassment or sexual
assault,'' and inserting ``harassment,
dating violence, domestic violence,
sexual assault, or stalking,'';
(ii) in clause (i), by striking
``harassment or sexual assault'' and
inserting ``harassment, dating
violence, domestic violence, sexual
assault, or stalking''; and
(iii) in clause (iii), by striking
``criminal sexual assault'' and
inserting ``a criminal sexual
offense'';
(D) in subparagraph (D), by striking
``harassment or sexual assault'' and inserting
``harassment, dating violence, domestic
violence, sexual assault, or stalking'';
(E) in subparagraph (E)--
(i) in clause (i), by striking
``harassment or sexual assault'' and
inserting ``harassment, dating
violence, domestic violence, sexual
assault, or stalking'';
(ii) in clause (ii), by striking
``sexual assault'' and inserting
``sexual harassment, dating violence,
domestic violence, sexual assault, or
stalking''; and
(iii) in clause (iii), by striking
``harassment and sexual assault'' and
inserting ``harassment, dating
violence, domestic violence, sexual
assault, or stalking''; and
(F) in subparagraph (F), by striking
``harassment or sexual assault'' and inserting
``harassment, dating violence, domestic
violence, sexual assault, or stalking'';
(3) by redesignating paragraphs (3) and (4) as
paragraphs (4) and (5), respectively;
(4) by inserting after paragraph (2) the following
new paragraph:
``(3) Minimum training requirements for certain
individuals regarding sexual harassment, dating
violence, domestic violence, sexual assault, and
stalking.--
``(A) Requirement.--The Maritime
Administrator shall direct the Superintendent
of the United States Merchant Marine Academy to
develop a mandatory training program at the
Academy for each individual who is involved in
implementing the Academy's student disciplinary
grievance procedures, including each individual
who is responsible for--
``(i) resolving complaints of
reported sexual harassment, dating
violence, domestic violence, sexual
assault, and stalking;
``(ii) resolving complaints of
reported violations of the sexual
misconduct policy of the Academy; or
``(iii) conducting an interview
with a victim of sexual harassment,
dating violence, domestic violence,
sexual assault, or stalking.
``(B) Consultation.--The Superintendent
shall develop the training program described in
subparagraph (A) in consultation with national,
State, or local sexual assault, dating
violence, domestic violence, or stalking victim
advocacy, victim services, or prevention
organizations.
``(C) Elements.--The training required by
subparagraph (A) shall include the following:
``(i) Information on working with
and interviewing persons subjected to
sexual harassment, dating violence,
domestic violence, sexual assault, or
stalking.
``(ii) Information on particular
types of conduct that would constitute
sexual harassment, dating violence,
domestic violence, sexual assault, or
stalking, regardless of gender,
including same-sex sexual harassment,
dating violence, domestic violence,
sexual assault, or stalking.
``(iii) Information on consent and
the effect that drugs or alcohol may
have on an individual's ability to
consent.
``(iv) Information on the effects
of trauma, including the neurobiology
of trauma.
``(v) Training regarding the use of
trauma-informed interview techniques,
which means asking questions of an
individual who has been a victim of
sexual harassment, dating violence,
domestic violence, sexual assault, or
stalking in a manner that is focused on
the experience of the victim, does not
judge or blame the victim, and is
informed by evidence-based research on
the neurobiology of trauma.
``(vi) Training on cultural
awareness regarding how dating
violence, domestic violence, sexual
assault, or stalking may impact
midshipmen differently depending on
their cultural background.
``(vii) Information on sexual
assault dynamics, sexual assault
perpetrator behavior, and barriers to
reporting.
``(D) Implementation.--
``(i) Development and approval
schedule.--The training program
required by subparagraph (A) shall be
developed not later than 90 days after
the date of the enactment of the
National Defense Authorization Act for
Fiscal Year 2018.
``(ii) Completion of training.--
Each individual who is required to
complete the training described in
subparagraph (A) shall complete such
training not later than--
``(I) 270 days after the
date of the enactment of the
National Defense Authorization
Act for Fiscal Year 2018; or
``(II) 180 days after
starting a position with
responsibilities that include
the activities described in
clause (i), (ii), or (iii) of
subparagraph (A).''; and
(5) by inserting after paragraph (5), as so
redesignated, the following new paragraph:
``(6) Consistency with the higher education act of
1965.--The Secretary shall ensure that the policy
developed under this subsection meets the requirements
set out in section 485(f)(8) of the Higher Education
Act of 1965 (20 U.S.C. 1092(f)(8)).''.
(b) Minimum Procedures for Handling Reports of Sexual
Harassment, Dating Violence, Domestic Violence, Sexual Assault,
or Stalking.--Subsection (b) of section 51318 of title 46,
United States Code, is amended to read as follows:
``(b) Development Program.--
``(1) In general.--The Maritime Administrator shall
ensure that the development program of the Academy
includes a section that--
``(A) describes the relationship between
honor, respect, and character development and
the prevention of sexual harassment, dating
violence, domestic violence, sexual assault,
and stalking at the Academy;
``(B) includes a brief history of the
problem of sexual harassment, dating violence,
domestic violence, sexual assault, and stalking
in the merchant marine, in the Armed Forces,
and at the Academy; and
``(C) includes information relating to
reporting sexual harassment, dating violence,
domestic violence, sexual assault, and
stalking, victims' rights, and dismissal for
offenders.
``(2) Minimum requirements to combat retaliation.--
``(A) Requirement for plan.--Not later than
90 days after the date of the enactment of the
National Defense Authorization Act for Fiscal
Year 2018, the Maritime Administrator shall
direct the Superintendent of the United States
Merchant Marine Academy to implement and
maintain a plan to combat retaliation against
cadets at the Academy who report sexual
harassment, dating violence, domestic violence,
sexual assault, or stalking.
``(B) Violation of code of conduct.--The
Superintendent shall consider an act of
retaliation against a cadet at the Academy who
reports sexual harassment, dating violence,
domestic violence, sexual assault, or stalking
as a Class I violation of the Midshipman
Regulations of the Academy or equivalent code
of conduct.
``(C) Retaliation definition.--The
Superintendent shall work with the sexual
assault prevention and response staff of the
Academy to define `retaliation' for purposes of
this subsection.
``(3) Minimum resource requirements.--
``(A) In general.--The Maritime
Administrator shall ensure the staff at the
Academy are provided adequate and appropriate
sexual harassment, dating violence, domestic
violence, sexual assault, and stalking
prevention and response training materials and
resources. Such resources shall include staff
as follows:
``(i) Sexual assault response
coordinator.
``(ii) Prevention educator.
``(iii) Civil rights officer.
``(iv) Staff member to oversee Sea
Year.
``(B) Communication.--The Director of the
Office of Civil Rights of the Maritime
Administration shall create and maintain a
direct line of communication to the sexual
assault response staff of the Academy that is
outside of the chain of command of the Academy.
``(4) Minimum training requirements.--The
Superintendent shall ensure that all cadets receive
training on the sexual harassment, dating violence,
domestic violence, sexual assault, and stalking
prevention and response sections of the development
program of the Academy, as described in paragraph (1),
as follows:
``(A) An initial training session, which
shall occur not later than 7 days after a
cadet's initial arrival at the Academy.
``(B) Additional training sessions, which
shall occur biannually following the cadet's
initial training session until the cadet
graduates or leaves the Academy.''.
(c) Aggregate Reporting and Definitions.--Section 51318 of
title 46, United States Code, is amended by adding at the end
the following new subsections:
``(e) Data for Aggregate Reporting.--
``(1) In general.--No requirement related to
confidentiality in this section or section 51319 of
this title may be construed to prevent a sexual assault
response coordinator from providing information for any
report required by law regarding sexual harassment,
dating violence, domestic violence, sexual assault, or
stalking.
``(2) Identity protection.--Any information
provided for a report referred to in paragraph (1)
shall be provided in a manner that protects the
identity of the victim or witness.
``(f) Definitions.--In this section and section 51319 of
this title:
``(1) Dating violence; domestic violence;
stalking.--The terms `dating violence', `domestic
violence', and `stalking' have the meanings given those
terms is section 40002(a) of the Violence Against Women
Act of 1994 (42 U.S.C. 13925(a)).
``(2) Sexual assault.--The term `sexual assault'
means an offense classified as a forcible or
nonforcible sex offense under the uniform crime
reporting system of the Federal Bureau of
Investigation.''.
(d) Clerical Amendments.--
(1) Section heading.--The heading of section 51318
of title 46, United States Code, is amended to read as
follows:
``Sec. 51318. Policy on sexual harassment, dating violence, domestic
violence, sexual assault, and stalking''.
(2) Table of sections.--The table of sections for
chapter 513 of title 46, United States Code, is amended
by striking the item relating to section 51318 and
inserting the following new item:
``51318. Policy on sexual harassment, dating violence, domestic
violence, sexual assault, and stalking.''.
SEC. 3515. SEXUAL ASSAULT PREVENTION AND RESPONSE STAFF FOR THE UNITED
STATES MERCHANT MARINE ACADEMY.
(a) In General.--Section 51319 of title 46, United States
Code, is amended--
(1) by redesignating subsection (b) as subsection
(c); and
(2) by striking subsection (a) and inserting the
following new subsections:
``(a) Sexual Assault Response Coordinators.--
``(1) Requirement for coordinators.--The United
States Merchant Marine Academy shall employ or contract
with at least 1 full-time sexual assault response
coordinator who shall reside at or near the Academy.
The Secretary of Transportation may assign additional
full-time or part-time sexual assault response
coordinators at the Academy as necessary.
``(2) Selection criteria.--Each sexual assault
response coordinator shall be selected based on--
``(A) experience and a demonstrated ability
to effectively provide victim services related
to sexual harassment, dating violence, domestic
violence, sexual assault, and stalking; and
``(B) protection of the individual under
applicable law to provide privileged
communication.
``(3) Confidentiality.--A sexual assault response
coordinator shall, to the extent authorized under
applicable law, provide confidential services to a
cadet at the Academy who reports being a victim of, or
witness to, sexual harassment, dating violence,
domestic violence, sexual assault, or stalking.
``(4) Training.--
``(A) Verification.--Not later than 90 days
after the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2018,
the Maritime Administrator, in consultation
with the Director of the Maritime
Administration Office of Civil Rights, shall
develop a process to verify that each sexual
assault response coordinator has completed
proper training.
``(B) Training requirements.--The training
referred to in subparagraph (A) shall include
training in--
``(i) working with victims of
sexual harassment, dating violence,
domestic violence, sexual assault, and
stalking;
``(ii) the policies, procedures,
and resources of the Academy related to
responding to sexual harassment, dating
violence, domestic violence, sexual
assault, and stalking; and
``(iii) national, State, and local
victim services and resources available
to victims of sexual harassment, dating
violence, domestic violence, sexual
assault, and stalking.
``(C) Completion of training.--A sexual
assault response coordinator shall complete the
training referred to in subparagraphs (A) and
(B) not later than--
``(i) 270 days after enactment of
the National Defense Authorization Act
for Fiscal Year 2018; or
``(ii) 180 days after starting in
the role of sexual assault response
coordinator.
``(5) Duties.--A sexual assault response
coordinator shall--
``(A) confidentially receive a report from
a victim of sexual harassment, dating violence,
domestic violence, sexual assault, or stalking;
``(B) inform the victim of--
``(i) the victim's rights under
applicable law;
``(ii) options for reporting an
incident of sexual harassment, dating
violence, domestic violence, sexual
assault, or stalking to the Academy and
law enforcement;
``(iii) how to access available
services, including emergency medical
care, medical forensic or evidentiary
examinations, legal services, services
provided by rape crisis centers and
other victim service providers,
services provided by the volunteer
sexual assault victim advocates at the
Academy, and crisis intervention
counseling and ongoing counseling;
``(iv) such coordinator's ability
to assist in arranging access to such
services, with the consent of the
victim;
``(v) available accommodations,
such as allowing the victim to change
living arrangements and obtain
accessibility services;
``(vi) such coordinator's ability
to assist in arranging such
accommodations, with the consent of the
victim;
``(vii) the victim's rights and the
Academy's responsibilities regarding
orders of protection, no contact
orders, restraining orders, or similar
lawful orders issued by the Academy or
a criminal, civil, or tribal court; and
``(viii) privacy limitations under
applicable law;
``(C) represent the interests of any cadet
at the Academy who reports being a victim of
sexual harassment, dating violence, domestic
violence, sexual assault, or stalking, even if
such interests are in conflict with the
interests of the Academy;
``(D) advise the victim of, and provide
written materials regarding, the information
described in subparagraph (B);
``(E) liaise with appropriate staff at the
Academy, with the victim's consent, to arrange
reasonable accommodations through the Academy
to allow the victim to change living
arrangements, obtain accessibility services, or
access other accommodations;
``(F) maintain the privacy and
confidentiality of the victim, and shall not
notify the Academy or any other authority of
the identity of the victim or the alleged
circumstances surrounding the reported incident
unless--
``(i) otherwise required by
applicable law;
``(ii) requested to do so by the
victim who has been fully and
accurately informed about what
procedures shall occur if the
information is shared; or
``(iii) notwithstanding clause (i)
or clause (ii), there is risk of
imminent harm to other individuals;
``(G) assist the victim in contacting and
reporting an incident of sexual harassment,
dating violence, domestic violence, sexual
assault, or stalking to the Academy or law
enforcement, if requested to do so by the
victim who has been fully and accurately
informed about what procedures shall occur if
information is shared; and
``(H) submit to the Director of the
Maritime Administration Office of Civil Rights
an annual report summarizing how the resources
supplied to the coordinator were used during
the prior year, including the number of victims
assisted by the coordinator.
``(b) Oversight.--
``(1) In general.--
``(A) Reporting.--Each sexual assault
response coordinator shall--
``(i) report directly to the
Superintendent; and
``(ii) have concurrent reporting
responsibility to the Executive
Director of the Maritime Administration
on matters related to the Maritime
Administration and the Department of
Transportation and upon belief that the
Academy leadership is acting
inappropriately regarding sexual
assault prevention and response
matters.
``(B) Support.--The Maritime Administration
Office of Civil Rights shall provide support to
the sexual assault response coordinator at the
Academy on all sexual harassment, dating
violence, domestic violence, sexual assault, or
stalking prevention matters.
``(2) Prohibition on investigation by the
academy.--Any request by a victim for an accommodation,
as described in subsection (a)(5)(E), made by a sexual
assault response coordinator shall not trigger an
investigation by the Academy, even if such coordinator
deals only with matters relating to sexual harassment,
dating violence, domestic violence, sexual assault, or
stalking.
``(3) Prohibition on retaliation.--A sexual assault
response coordinator, victim advocate, or companion may
not be disciplined, penalized, or otherwise retaliated
against by the Academy for representing the interests
of the victim, even if such interests are in conflict
with the interests of the Academy.''.
(b) Access of Academy Cadets to DOD SAFE or Equivalent
Helpline.--
(1) In general.--The Secretary of Transportation
shall arrange for cadets at the United States Merchant
Marine Academy to have access to, and use of, the
Department of Defense SAFE Helpline or an equivalent
helpline to report incidents of sexual harassment,
dating violence, domestic violence, sexual assault, or
stalking.
(2) Training.--The training provided to personnel
of the helpline to which cadets at the Academy are
given access shall include training on the resources
available to cadets at the Academy in connection with
sexual assault, sexual harassment, domestic violence,
dating violence, and stalking.
(3) Definitions.--In this section, the terms
``dating violence'', ``domestic violence'', ``sexual
assault'', and ``stalking'' have the meanings given
those terms in section 51318 of title 46, United States
Code.
(c) Repeal of Duplicate Requirement.--Subsection (c) of
section 51319 of title 46, United States Code, as redesignated
by subsection (a)(1), is amended--
(1) by striking paragraph (5);
(2) by redesignating paragraph (6) as paragraph
(5); and
(3) in paragraph (5), as so redesignated, by
striking ``(3), (4), and (5)'' and inserting ``(3) and
(4)''.
SEC. 3516. PROTECTION OF CADETS AT THE UNITED STATES MERCHANT MARINE
ACADEMY FROM SEXUAL ASSAULT ONBOARD COMMERCIAL
VESSELS.
(a) In General.--Chapter 513 of title 46, United States
Code, as amended by section 3512 of this title, is further
amended by adding at the end the following new section:
``Sec. 51322. Protection of cadets from sexual assault onboard vessels
``(a) Riding Gangs.--
``(1) Certification of compliance.--The Maritime
Administrator shall require the owner or operator of
any commercial vessel that is carrying a cadet from the
United States Merchant Marine Academy to certify
compliance of the vessel with the International
Convention for Safety of Life at Sea, 1974 (32 UST 47)
and section 8106 of this title.
``(2) Information for cadets.--The Maritime
Administrator shall ensure that the Academy informs
cadets preparing for Sea Year of the obligations that
vessel owners and operators have to provide for the
security of individuals aboard a vessel under United
States law, including chapter 81 and section 70103(c)
of this title.
``(b) Checks of Commercial Vessels.--
``(1) Requirement.--Not less frequently than
biennially, staff of the Academy or staff of the
Maritime Administration shall conduct both random and
targeted unannounced checks of not less than 10 percent
of the commercial vessels that host a cadet from the
Academy.
``(2) Removal of students.--If staff of the Academy
or staff of the Maritime Administration determine that
a commercial vessel is in violation of the sexual
assault policy developed by the Academy through a check
conducted under paragraph (1), the staff may--
``(A) remove any cadet of the Academy from
the vessel; and
``(B) report the violation to the owner or
operator of the vessel.
``(c) Maintenance of Sexual Assault Training Records.--The
Maritime Administrator shall require the owner or operator of a
commercial vessel, or the seafarer union for a commercial
vessel, to maintain records of sexual assault training for the
crew and passengers of any vessel hosting a cadet from the
Academy.
``(d) Sea Year Survey.--
``(1) Requirement.--The Maritime Administrator
shall require each cadet from the Academy, upon
completion of the cadet's Sea Year, to complete a
survey regarding the environment and conditions during
the Sea Year of the vessel to which the cadet was
assigned.
``(2) Availability.--The Maritime Administrator
shall make available to the public for each year--
``(A) the questions used in the survey
required by paragraph (1); and
``(B) the aggregated data received from
such surveys.''.
(b) Clerical Amendment.--The table of sections for chapter
513 of title 46, United States Code, as amended by section 3512
of this title, is further amended by adding at the end the
following new item:
``51322. Protection of cadets from sexual assault onboard vessels.''.
SEC. 3517. TRAINING REQUIREMENT FOR SEXUAL ASSAULT INVESTIGATORS.
Each employee of the Office of Inspector General of the
Department of Transportation who conducts investigations and
who is assigned to the Regional Investigations Office in New
York, New York, shall--
(1) participate in specialized training in
conducting sexual assault investigations; and
(2) attend at least 1 Federal Law Enforcement
Training Center (FLETC) sexual assault investigation
course, or equivalent sexual assault investigation
training course, as determined by the Inspector
General, each year.
DIVISION D--FUNDING TABLES
SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TABLES.
(a) In General.--Whenever a funding table in this division
specifies a dollar amount authorized for a project, program, or
activity, the obligation and expenditure of the specified
dollar amount for the project, program, or activity is hereby
authorized, subject to the availability of appropriations.
(b) Merit-based Decisions.--A decision to commit, obligate,
or expend funds with or to a specific entity on the basis of a
dollar amount authorized pursuant to subsection (a) shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k)
and 2374 of title 10, United States Code, or on
competitive procedures; and
(2) comply with other applicable provisions of law.
(c) Relationship to Transfer and Programming Authority.--An
amount specified in the funding tables in this division may be
transferred or reprogrammed under a transfer or reprogramming
authority provided by another provision of this Act or by other
law. The transfer or reprogramming of an amount specified in
such funding tables shall not count against a ceiling on such
transfers or reprogrammings under section 1001 or section 1512
of this Act or any other provision of law, unless such transfer
or reprogramming would move funds between appropriation
accounts.
(d) Applicability to Classified Annex.--This section
applies to any classified annex that accompanies this Act.
(e) Oral and Written Communications.--No oral or written
communication concerning any amount specified in the funding
tables in this division shall supersede the requirements of
this section.
TITLE XLI--PROCUREMENT
Sec. 4101. Procurement.
Sec. 4102. Procurement for overseas contingency operations.
SEC. 4101. PROCUREMENT.
------------------------------------------------------------------------
SEC. 4101. PROCUREMENT (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2018 Conference
Line Item Request Authorized
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT,
ARMY
FIXED WING
002 UTILITY F/W AIRCRAFT. 75,115 75,115
004 MQ-1 UAV............. 30,206 90,206
UFR: ER Improved [60,000]
Gray Eagle Air
Vehicles.
ROTARY
005 HELICOPTER, LIGHT 108,383 108,383
UTILITY (LUH).
006 AH-64 APACHE BLOCK 725,976 764,976
IIIA REMAN.
UFR: Procures [39,000]
remanufactured
AH64Es.
007 ADVANCE 170,910 170,910
PROCUREMENT (CY).
008 AH-64 APACHE BLOCK 374,100 647,800
IIIB NEW BUILD.
UFR: Procures AH- [273,700]
64E.
009 ADVANCE 71,900 71,900
PROCUREMENT (CY).
010 UH-60 BLACKHAWK M 938,308 1,046,308
MODEL (MYP).
Unfunded [108,000]
requirement--addi
tional 5 for ARNG.
011 ADVANCE 86,295 86,295
PROCUREMENT (CY).
012 UH-60 BLACK HAWK A 76,516 93,216
AND L MODELS.
Unfunded [16,700]
requirement--UH-6
0Vs.
013 CH-47 HELICOPTER..... 202,576 557,076
Emergent [108,000]
requirements--add
itional 4 CH-47F
Block I.
Unfunded [246,500]
requirement--addi
tional 4 MH-47Gs.
014 ADVANCE 17,820 17,820
PROCUREMENT (CY).
MODIFICATION OF
AIRCRAFT
015 MQ-1 PAYLOAD (MIP)... 5,910 21,910
UFR: Procures of [16,000]
Common Sensor
Payloads.
016 UNIVERSAL GROUND 15,000 15,000
CONTROL EQUIPMENT
(UAS).
017 GRAY EAGLE MODS2..... 74,291 74,291
018 MULTI SENSOR ABN 68,812 98,287
RECON (MIP).
UFR: Procures of [29,475]
Electronic
Intelligence
(ELINT) upgrades.
019 AH-64 MODS........... 238,141 382,941
Unfunded [144,800]
requirement.
020 CH-47 CARGO 20,166 81,166
HELICOPTER MODS
(MYP).
Unfunded [61,000]
requirement.
021 GRCS SEMA MODS (MIP). 5,514 5,514
022 ARL SEMA MODS (MIP).. 11,650 11,650
023 EMARSS SEMA MODS 15,279 15,279
(MIP).
024 UTILITY/CARGO 57,737 57,737
AIRPLANE MODS.
025 UTILITY HELICOPTER 5,900 40,709
MODS.
Unfunded [34,809]
requirement.
026 NETWORK AND MISSION 142,102 142,102
PLAN.
027 COMMS, NAV 166,050 207,630
SURVEILLANCE.
Unfunded [41,580]
requirement--ARC-
201D encrypted
radios.
028 GATM ROLLUP.......... 37,403 37,403
029 RQ-7 UAV MODS........ 83,160 194,160
UFR: Procures [111,000]
Shadow V2 BLK III
systems.
030 UAS MODS............. 26,109 26,429
UFR: Procures [320]
OSRVT systems.
GROUND SUPPORT
AVIONICS
031 AIRCRAFT 70,913 70,913
SURVIVABILITY
EQUIPMENT.
032 SURVIVABILITY CM..... 5,884 5,884
033 CMWS................. 26,825 51,825
UFR: Limited [25,000]
Interim Missile
Warning System
(LIMWS) Quick
Reaction
Capability.
034 COMMON INFRARED 6,337 31,337
COUNTERMEASURES
(CIRCM).
UFR: CIRCM B-Kits [25,000]
OTHER SUPPORT
035 AVIONICS SUPPORT 7,038 7,038
EQUIPMENT.
036 COMMON GROUND 47,404 56,304
EQUIPMENT.
Unfunded [1,800]
requirement--grow
the Army.
Unfunded [7,100]
requirement--Non
destructive test
equip.
037 AIRCREW INTEGRATED 47,066 47,066
SYSTEMS.
038 AIR TRAFFIC CONTROL.. 83,790 84,905
UFR: Airspace [1,115]
Information
System shelter
and Alternate
Workstation.
039 INDUSTRIAL FACILITIES 1,397 1,397
040 LAUNCHER, 2.75 ROCKET 1,911 1,911
TOTAL AIRCRAFT 4,149,894 5,500,793
PROCUREMENT,
ARMY.
MISSILE PROCUREMENT,
ARMY
SURFACE-TO-AIR
MISSILE SYSTEM
001 LOWER TIER AIR AND 140,826 140,826
MISSILE DEFENSE
(AMD).
002 MSE MISSILE.......... 1,106,040 1,106,040
003 INDIRECT FIRE 57,742 57,742
PROTECTION
CAPABILITY INC 2-I.
AIR-TO-SURFACE
MISSILE SYSTEM
005 HELLFIRE SYS SUMMARY. 94,790 104,790
UFR: Procures [10,000]
maximum Hellfire
missile.
006 JOINT AIR-TO-GROUND 178,432 160,126
MSLS (JAGM).
Excess due to [-18,306]
delays.
ANTI-TANK/ASSAULT
MISSILE SYS
008 JAVELIN (AAWS-M) 110,123 257,423
SYSTEM SUMMARY.
UFR: Procures [147,300]
additional
Javelin.
009 TOW 2 SYSTEM SUMMARY. 85,851 85,851
010 ADVANCE 19,949 19,949
PROCUREMENT (CY).
011 GUIDED MLRS ROCKET 595,182 606,882
(GMLRS).
Program [-2,800]
reduction--unit
cost savings.
UFR: Tooling and [14,500]
practice rounds.
012 MLRS REDUCED RANGE 28,321 34,651
PRACTICE ROCKETS
(RRPR).
UFR: Funds [6,330]
Reduced Range
Practice Rockets.
013 HIGH MOBILITY 435,728
ARTILLERY ROCKET
SYSTEM (HIMARS.
Unfunded [197,000]
requirement--ERI.
Unfunded [238,728]
requirement--grow
the Army.
014 LETHAL MINIATURE 46,600
AERIAL MISSILE
SYSTEM (LMAMS.
Unfunded [46,600]
requirement.
MODIFICATIONS
015 PATRIOT MODS......... 496,073 496,527
UFR: Procures [454]
additional ELES.
016 ATACMS MODS.......... 186,040 186,040
017 GMLRS MOD............ 531 531
018 STINGER MODS......... 63,090 91,890
UFR: Maximizes [28,800]
Stinger.
019 AVENGER MODS......... 62,931 62,931
020 ITAS/TOW MODS........ 3,500 3,500
021 MLRS MODS............ 138,235 187,035
UFR: Procures [48,800]
M270A1 MLRS
launchers.
022 HIMARS MODIFICATIONS. 9,566 9,566
SPARES AND REPAIR
PARTS
023 SPARES AND REPAIR 18,915 18,915
PARTS.
SUPPORT EQUIPMENT &
FACILITIES
024 AIR DEFENSE TARGETS.. 5,728 5,728
026 PRODUCTION BASE 1,189 1,189
SUPPORT.
TOTAL MISSILE 3,403,054 4,120,460
PROCUREMENT,
ARMY.
PROCUREMENT OF W&TCV;,
ARMY
TRACKED COMBAT
VEHICLES
001 BRADLEY PROGRAM...... 111,000
UFR: Recap 1 [111,000]
Infantry
Battalion Set of
M2A4.
002 ARMORED MULTI PURPOSE 193,715 193,715
VEHICLE (AMPV).
MODIFICATION OF
TRACKED COMBAT
VEHICLES
004 STRYKER (MOD)........ 97,552 274,552
UFR: Second SBCT [177,000]
set of 30mm.
005 STRYKER UPGRADE...... 348,000
Unfunded [348,000]
requirement -
completes 4th DVH
SBCT.
006 BRADLEY PROGRAM (MOD) 444,851 444,851
007 M109 FOV 64,230 64,230
MODIFICATIONS.
008 PALADIN INTEGRATED 646,413 646,413
MANAGEMENT (PIM).
009 IMPROVED RECOVERY 72,402 194,402
VEHICLE (M88A2
HERCULES).
UFR: Procures one [122,000]
ABCT set of
HERCULES (M88A2).
010 ASSAULT BRIDGE (MOD). 5,855 5,855
011 ASSAULT BREACHER 34,221 64,221
VEHICLE.
UFR: Procures [30,000]
Assault Breacher
Vehicles, Combat
Dozer Blades,
Full Width Mine
Plows.
012 M88 FOV MODS......... 4,826 4,826
013 JOINT ASSAULT BRIDGE. 128,350 128,350
014 M1 ABRAMS TANK (MOD). 248,826 419,826
UFR: Completes [171,000]
the first Brigade
set of Trophy
(NDI APS) for
Abrams w/ ERI OCO
(1 APS Set).
015 ABRAMS UPGRADE 275,000 650,000
PROGRAM.
UFR: [375,000]
Recapitalization
of 29 Abrams
tanks to
M1A2SEPv3.
WEAPONS & OTHER
COMBAT VEHICLES
018 M240 MEDIUM MACHINE 1,992 3,292
GUN (7.62MM).
UFR: Procures [1,300]
additional.
019 MULTI-ROLE ANTI-ARMOR 6,520 26,520
ANTI-PERSONNEL
WEAPON S.
UFR: Procures [20,000]
M3E1 light weight
Carl Gustaf
weapon systems.
020 MORTAR SYSTEMS....... 21,452 34,552
UFR: Procures [13,100]
M121 120mm
Mortars.
021 XM320 GRENADE 4,524 5,323
LAUNCHER MODULE
(GLM).
UFR: Procures [799]
M320A1 40mm
Grenade Launchers.
023 CARBINE.............. 43,150 51,150
UFR: Procures [8,000]
M4A1 carbines.
024 COMMON REMOTELY 750 10,750
OPERATED WEAPONS
STATION.
UFR: Accelerate [10,000]
CROWS
modifications.
025 HANDGUN.............. 8,326 8,704
UFR: Procures [378]
Modular Handgun
Systems.
MOD OF WEAPONS AND
OTHER COMBAT VEH
026 MK-19 GRENADE MACHINE 2,000 2,000
GUN MODS.
027 M777 MODS............ 3,985 89,772
UFR: Funds M777 [85,787]
lightweight towed
howitzers.
028 M4 CARBINE MODS...... 31,315 31,315
029 M2 50 CAL MACHINE GUN 47,414 52,364
MODS.
UFR: Procures [2,350]
M2A1 .50cal
machine.
UFR: Procures [2,600]
Mk93 MG mounts,
M2A1 .50cal MGs,
M205 tripods.
030 M249 SAW MACHINE GUN 3,339 3,339
MODS.
031 M240 MEDIUM MACHINE 4,577 11,159
GUN MODS.
UFR: Procures [6,582]
M192 tripods,
M240B 7.62mm,
M240L 7.62mm, Gun
Optics.
032 SNIPER RIFLES 1,488 1,488
MODIFICATIONS.
033 M119 MODIFICATIONS... 12,678 12,678
034 MORTAR MODIFICATION.. 3,998 3,998
035 MODIFICATIONS LESS 2,219 2,219
THAN $5.0M (WOCV-
WTCV).
SUPPORT EQUIPMENT &
FACILITIES
036 ITEMS LESS THAN $5.0M 5,075 7,775
(WOCV-WTCV).
UFR: Procures [2,700]
M150 Rifle Combat
Optic (RCO); M68
Close Combat
Optics (CCO).
037 PRODUCTION BASE 992 992
SUPPORT (WOCV-WTCV).
039 SMALL ARMS EQUIPMENT 1,573 1,573
(SOLDIER ENH PROG).
UNDISTRIBUTED
042 UNDISTRIBUTED........ 1,200
Security Force [1,200]
Assistance
Brigade.
TOTAL 2,423,608 3,912,404
PROCUREMENT OF
W&TCV;, ARMY.
PROCUREMENT OF
AMMUNITION, ARMY
SMALL/MEDIUM CAL
AMMUNITION
001 CTG, 5.56MM, ALL 39,767 46,867
TYPES.
UFR: Additional [7,100]
ammunition.
002 CTG, 7.62MM, ALL 46,804 61,704
TYPES.
UFR: Additional [14,900]
ammunition.
003 CTG, HANDGUN, ALL 10,413 10,503
TYPES.
UFR: Additional [90]
ammunition.
004 CTG, .50 CAL, ALL 62,837 71,727
TYPES.
UFR: Additional [8,890]
ammunition.
005 CTG, 20MM, ALL TYPES. 8,208 8,208
006 CTG, 25MM, ALL TYPES. 8,640 40,502
UFR: Additional [31,862]
ammunition.
007 CTG, 30MM, ALL TYPES. 76,850 79,000
UFR: Additional [2,150]
ammunition.
008 CTG, 40MM, ALL TYPES. 108,189 125,380
UFR: Additional [17,191]
ammunition.
MORTAR AMMUNITION
009 60MM MORTAR, ALL 57,359 59,859
TYPES.
UFR: Additional [2,500]
ammunition.
010 81MM MORTAR, ALL 49,471 52,580
TYPES.
Unfunded [3,109]
requirement.
011 120MM MORTAR, ALL 91,528 109,720
TYPES.
UFR: Additional [18,192]
120mm.
TANK AMMUNITION
012 CARTRIDGES, TANK, 133,500 173,800
105MM AND 120MM, ALL
TYPES.
UFR: Additional [40,300]
Tank cartridge.
ARTILLERY AMMUNITION
013 ARTILLERY CARTRIDGES, 44,200 44,200
75MM & 105MM, ALL
TYPES.
014 ARTILLERY PROJECTILE, 187,149 346,330
155MM, ALL TYPES.
UFR: Additional [159,181]
ammunition.
015 PROJ 155MM EXTENDED 49,000 232,500
RANGE M982.
UFR: Excalibur... [183,500]
016 ARTILLERY 83,046 163,768
PROPELLANTS, FUZES
AND PRIMERS, ALL.
UFR: Additional [48,601]
PGK, prop
charges,
artillery fuzes.
UFR: Required to [32,121]
execute
simultaneous
OPLAN.
MINES
017 MINES & CLEARING 3,942 6,942
CHARGES, ALL TYPES.
UFR: Additional [3,000]
ammunition.
ROCKETS
019 SHOULDER LAUNCHED 5,000 66,881
MUNITIONS, ALL TYPES.
UFR: Additional [61,881]
rockets, grenades.
020 ROCKET, HYDRA 70, ALL 161,155 229,155
TYPES.
UFR: Additional [68,000]
APKWS.
OTHER AMMUNITION
021 CAD/PAD, ALL TYPES... 7,441 7,441
022 DEMOLITION MUNITIONS, 19,345 21,606
ALL TYPES.
UFR: Additional [2,261]
munitions.
023 GRENADES, ALL TYPES.. 22,759 48,120
UFR: Additional [25,361]
ammunition.
024 SIGNALS, ALL TYPES... 2,583 3,412
UFR: Additional [829]
signal munitions.
025 SIMULATORS, ALL TYPES 13,084 13,534
UFR: Additional [450]
signal munitions.
MISCELLANEOUS
026 AMMO COMPONENTS, ALL 12,237 12,237
TYPES.
027 NON-LETHAL 1,500 1,650
AMMUNITION, ALL
TYPES.
UFR: Non-Lethal [150]
Hand Grenade
Munitions.
028 ITEMS LESS THAN $5 10,730 14,395
MILLION (AMMO).
UFR: Additional [3,665]
ammunition.
029 AMMUNITION PECULIAR 16,425 16,425
EQUIPMENT.
030 FIRST DESTINATION 15,221 15,221
TRANSPORTATION
(AMMO).
PRODUCTION BASE
SUPPORT
032 INDUSTRIAL FACILITIES 329,356 429,356
UFR: Upgrade at [100,000]
GOCO Army
ammuntion plants.
033 CONVENTIONAL 197,825 197,825
MUNITIONS
DEMILITARIZATION.
034 ARMS INITIATIVE...... 3,719 3,719
TOTAL 1,879,283 2,714,567
PROCUREMENT OF
AMMUNITION, ARMY.
OTHER PROCUREMENT,
ARMY
TACTICAL VEHICLES
001 TACTICAL TRAILERS/ 9,716 9,716
DOLLY SETS.
002 SEMITRAILERS, 14,151 36,151
FLATBED:.
UFR: Procures 100 [22,000]
% of equipment
shortage in
Europe for M872.
003 AMBULANCE, 4 LITTER, 53,000 68,000
5/4 TON, 4X4.
UFR: Procures [15,000]
HMMWV ambulances.
004 GROUND MOBILITY 40,935 40,935
VEHICLES (GMV).
006 JOINT LIGHT TACTICAL 804,440 804,440
VEHICLE.
007 TRUCK, DUMP, 20T 967 967
(CCE).
008 FAMILY OF MEDIUM 78,650 241,944
TACTICAL VEH (FMTV).
UFR: Procures [154,100]
vehicles.
Unfunded [9,194]
requirement--trai
lers.
009 FIRETRUCKS & 19,404 19,404
ASSOCIATED
FIREFIGHTING EQUIP.
010 FAMILY OF HEAVY 81,656 88,784
TACTICAL VEHICLES
(FHTV).
UFR: Procures [7,128]
Forward Repair
Systems (FRS).
011 PLS ESP.............. 7,129 59,729
UFR: Provides [52,600]
transportion of
ammunition and
break-bulk cargo.
012 HVY EXPANDED MOBILE 112,250
TACTICAL TRUCK EXT
SERV.
Unfunded [112,250]
requirement.
013 TACTICAL WHEELED 43,040 43,040
VEHICLE PROTECTION
KITS.
014 MODIFICATION OF IN 83,940 157,792
SVC EQUIP.
UFR: Additional [73,852]
Buffalo and MMPV.
NON-TACTICAL VEHICLES
016 HEAVY ARMORED SEDAN.. 269 269
017 PASSENGER CARRYING 1,320 1,320
VEHICLES.
018 NONTACTICAL VEHICLES, 6,964 6,964
OTHER.
COMM--JOINT
COMMUNICATIONS
019 WIN-T--GROUND FORCES 420,492 420,492
TACTICAL NETWORK.
020 SIGNAL MODERNIZATION 92,718 92,718
PROGRAM.
021 TACTICAL NETWORK 150,497 227,997
TECHNOLOGY MOD IN
SVC.
Program reduction [-10,000]
Unfunded [87,500]
requirement.
022 JOINT INCIDENT SITE 6,065 6,065
COMMUNICATIONS
CAPABILITY.
023 JCSE EQUIPMENT 5,051 5,051
(USREDCOM).
COMM--SATELLITE
COMMUNICATIONS
024 DEFENSE ENTERPRISE 161,383 161,383
WIDEBAND SATCOM
SYSTEMS.
025 TRANSPORTABLE 62,600 62,600
TACTICAL COMMAND
COMMUNICATIONS.
026 SHF TERM............. 11,622 11,622
028 SMART-T (SPACE)...... 6,799 6,799
029 GLOBAL BRDCST SVC-- 7,065 7,065
GBS.
031 ENROUTE MISSION 21,667 21,667
COMMAND (EMC).
COMM--COMBAT SUPPORT
COMM
033 MOD-IN-SERVICE 70 70
PROFILER.
COMM--C3 SYSTEM
034 ARMY GLOBAL CMD & 2,658 2,658
CONTROL SYS (AGCCS).
COMM--COMBAT
COMMUNICATIONS
036 HANDHELD MANPACK 355,351 363,760
SMALL FORM FIT (HMS).
Unfunded [8,409]
requirement.
037 MID-TIER NETWORKING 25,100 25,100
VEHICULAR RADIO
(MNVR).
038 RADIO TERMINAL SET, 11,160 11,160
MIDS LVT(2).
040 TRACTOR DESK......... 2,041 2,041
041 TRACTOR RIDE......... 5,534 13,734
UFR: Procurement [8,200]
of Offensive
Cyber Operations.
042 SPIDER APLA REMOTE 996 996
CONTROL UNIT.
043 SPIDER FAMILY OF 4,500 6,858
NETWORKED MUNITIONS
INCR.
UFR: Procures [2,358]
SPIDER INC 1A
systems.
045 TACTICAL 4,411 4,411
COMMUNICATIONS AND
PROTECTIVE SYSTEM.
046 UNIFIED COMMAND SUITE 15,275 15,275
047 FAMILY OF MED COMM 15,964 15,964
FOR COMBAT CASUALTY
CARE.
COMM--INTELLIGENCE
COMM
049 CI AUTOMATION 9,560 9,560
ARCHITECTURE.
050 DEFENSE MILITARY 4,030 4,030
DECEPTION INITIATIVE.
INFORMATION SECURITY
054 COMMUNICATIONS 107,804 130,667
SECURITY (COMSEC).
UFR: Security [22,863]
Data System and
End Cyrptographic
Units.
055 DEFENSIVE CYBER 53,436 61,436
OPERATIONS.
UFR: Funds [8,000]
Deployable DCO
Systems for COMPO
2&3 Cyber
Protection Teams.
056 INSIDER THREAT 690 690
PROGRAM--UNIT
ACTIVITY MONITO.
057 PERSISTENT CYBER 4,000 4,000
TRAINING ENVIRONMENT.
COMM--LONG HAUL
COMMUNICATIONS
058 BASE SUPPORT 43,751 43,751
COMMUNICATIONS.
COMM--BASE
COMMUNICATIONS
059 INFORMATION SYSTEMS.. 118,101 118,101
060 EMERGENCY MANAGEMENT 4,490 4,490
MODERNIZATION
PROGRAM.
061 HOME STATION MISSION 20,050 20,050
COMMAND CENTERS
(HSMCC).
062 INSTALLATION INFO 186,251 186,251
INFRASTRUCTURE MOD
PROGRAM.
ELECT EQUIP--TACT INT
REL ACT (TIARA)
065 JTT/CIBS-M........... 12,154 19,754
UFR: Procures [7,600]
critical spare
parts.
068 DCGS-A (MIP)......... 274,782 274,782
070 TROJAN (MIP)......... 16,052 29,212
UFR: Procures [13,160]
TROJAN SPIRIT.
071 MOD OF IN-SVC EQUIP 51,034 51,034
(INTEL SPT) (MIP).
072 CI HUMINT AUTO 7,815 7,815
REPRTING AND
COLL(CHARCS).
073 CLOSE ACCESS TARGET 8,050 8,050
RECONNAISSANCE
(CATR).
074 MACHINE FOREIGN 567 567
LANGUAGE TRANSLATION
SYSTEM-M.
ELECT EQUIP--
ELECTRONIC WARFARE
(EW)
076 LIGHTWEIGHT COUNTER 20,459 20,459
MORTAR RADAR.
077 EW PLANNING & 5,805 5,805
MANAGEMENT TOOLS
(EWPMT).
078 AIR VIGILANCE (AV)... 5,348 5,348
079 CREW................. 17,500
Unfunded [17,500]
requirement--EOD
DR SKOs.
080 FAMILY OF PERSISTENT 5,000
SURVEILLANCE
CAPABILITIE.
Unfunded [5,000]
requirement.
081 COUNTERINTELLIGENCE/ 469 469
SECURITY
COUNTERMEASURES.
082 CI MODERNIZATION..... 285 285
ELECT EQUIP--TACTICAL
SURV. (TAC SURV)
083 SENTINEL MODS........ 28,491 100,491
UFR: Procures [72,000]
additional
Sentinal Radars.
084 NIGHT VISION DEVICES. 166,493 229,389
UFR: Accelerates [15,749]
fielding of the
LTLM.
Unfunded [47,147]
requirement--grow
the Army.
085 SMALL TACTICAL 13,947 16,097
OPTICAL RIFLE
MOUNTED MLRF.
UFR: Procures [2,150]
Small Tactical
Optical Rifle
Mounted laser
range finder.
087 INDIRECT FIRE 21,380 598,613
PROTECTION FAMILY OF
SYSTEMS.
UFR: IFPC/ [577,233]
Avernger
Battalions and
Warn Suites.
088 FAMILY OF WEAPON 59,105 59,105
SIGHTS (FWS).
089 ARTILLERY ACCURACY 2,129 2,129
EQUIP.
091 JOINT BATTLE COMMAND-- 282,549 342,649
PLATFORM (JBC-P).
UFR: Replenishes [60,100]
Joint Battle
Command- Platform.
092 JOINT EFFECTS 48,664 48,664
TARGETING SYSTEM
(JETS).
093 MOD OF IN-SVC EQUIP 5,198 5,198
(LLDR).
094 COMPUTER BALLISTICS: 8,117 8,117
LHMBC XM32.
095 MORTAR FIRE CONTROL 31,813 47,513
SYSTEM.
UFR: Procures [15,700]
Mortar Fire
Control systems
(M95, M96).
096 COUNTERFIRE RADARS... 329,057 393,257
UFR: Procures AN/ [64,200]
TPQ-53
Counterfire
Target
Acquisition Radar
System.
ELECT EQUIP--TACTICAL
C2 SYSTEMS
097 FIRE SUPPORT C2 8,700 13,458
FAMILY.
UFR: Additional [4,758]
Advanced Field
Artillery
Tactical Data
System (AFATDS).
098 AIR & MSL DEFENSE 26,635 123,613
PLANNING & CONTROL
SYS.
UFR: Supports [96,978]
fielding (AMD)
mission command
assets to a Army
Corps HQ.
100 LIFE CYCLE SOFTWARE 1,992 1,992
SUPPORT (LCSS).
101 NETWORK MANAGEMENT 15,179 15,179
INITIALIZATION AND
SERVICE.
102 MANEUVER CONTROL 132,572 137,174
SYSTEM (MCS).
UFR: Tactical [4,602]
Mission Command
Equipment.
103 GLOBAL COMBAT SUPPORT 37,201 37,201
SYSTEM-ARMY (GCSS-A).
104 INTEGRATED PERSONNEL 16,140 16,140
AND PAY SYSTEM-ARMY
(IPP.
105 RECONNAISSANCE AND 6,093 20,848
SURVEYING INSTRUMENT
SET.
UFR: Procures [14,755]
Engineer
Instrument Set
Field
Reconnaissance
and Survey Kits.
106 MOD OF IN-SVC 1,134 1,134
EQUIPMENT (ENFIRE).
ELECT EQUIP--
AUTOMATION
107 ARMY TRAINING 11,575 11,575
MODERNIZATION.
108 AUTOMATED DATA 91,983 91,983
PROCESSING EQUIP.
109 GENERAL FUND 4,465 4,465
ENTERPRISE BUSINESS
SYSTEMS FAM.
110 HIGH PERF COMPUTING 66,363 66,363
MOD PGM (HPCMP).
111 CONTRACT WRITING 1,001 1,001
SYSTEM.
112 RESERVE COMPONENT 26,183 26,183
AUTOMATION SYS
(RCAS).
ELECT EQUIP--AUDIO
VISUAL SYS (A/V)
113 TACTICAL DIGITAL 4,441 4,441
MEDIA.
114 ITEMS LESS THAN $5M 3,414 16,414
(SURVEYING
EQUIPMENT).
UFR: Accelerate [3,000]
procurement of
Global
Positioning
System-Survey.
UFR: Procures [10,000]
Automated
Integrated Survey
Instrument (AISI)
systems.
ELECT EQUIP--SUPPORT
115 PRODUCTION BASE 499 499
SUPPORT (C-E).
116 BCT EMERGING 25,050 25,050
TECHNOLOGIES.
CLASSIFIED PROGRAMS
116A CLASSIFIED PROGRAMS.. 4,819 4,819
CHEMICAL DEFENSIVE
EQUIPMENT
117 PROTECTIVE SYSTEMS... 1,613 1,613
118 FAMILY OF NON-LETHAL 9,696 9,696
EQUIPMENT (FNLE).
120 CBRN DEFENSE......... 11,110 11,110
BRIDGING EQUIPMENT
121 TACTICAL BRIDGING.... 16,610 16,610
122 TACTICAL BRIDGE, 21,761 43,761
FLOAT-RIBBON.
UFR: Procures [22,000]
Bridge Erection
Boats.
124 COMMON BRIDGE 21,046 61,446
TRANSPORTER (CBT)
RECAP.
UFR: Procure [40,400]
Common Bridge
Transporters.
ENGINEER (NON-
CONSTRUCTION)
EQUIPMENT
125 HANDHELD STANDOFF 5,000 10,600
MINEFIELD DETECTION
SYS-HST.
UFR: Procures [5,600]
hand held mine
detectors.
126 GRND STANDOFF MINE 32,442 43,242
DETECTN SYSM
(GSTAMIDS).
UFR: Equipment [10,800]
for 15th and 16th
ABCT.
127 AREA MINE DETECTION 10,571 10,571
SYSTEM (AMDS).
128 HUSKY MOUNTED 21,695 24,095
DETECTION SYSTEM
(HMDS).
UFR: Procures [2,400]
Husky Mounted
Detection System.
129 ROBOTIC COMBAT 4,516 19,616
SUPPORT SYSTEM
(RCSS).
UFR: Procures [15,100]
M160s.
130 EOD ROBOTICS SYSTEMS 10,073 15,073
RECAPITALIZATION.
UFR: Procures the [5,000]
Talon 5A robot.
131 ROBOTICS AND APPLIQUE 3,000 3,000
SYSTEMS.
133 REMOTE DEMOLITION 5,847 7,039
SYSTEMS.
UFR: Procures [1,192]
Radio Frequency
Remote Activated
Munitions.
134 < $5M, COUNTERMINE 1,530 1,530
EQUIPMENT.
135 FAMILY OF BOATS AND 4,302 4,302
MOTORS.
COMBAT SERVICE
SUPPORT EQUIPMENT
136 HEATERS AND ECU'S.... 7,405 16,461
UFR: Procures [9,056]
Improved
Environmental
Control Units.
137 SOLDIER ENHANCEMENT.. 1,095 1,095
138 PERSONNEL RECOVERY 5,390 5,390
SUPPORT SYSTEM
(PRSS).
139 GROUND SOLDIER SYSTEM 38,219 42,808
UFR: Procures [4,589]
NETT Warrior.
140 MOBILE SOLDIER POWER. 10,456 12,018
UFR: Procures [1,562]
ISPDS-C systems
for a Security
Forces Assistance
Bde.
142 FIELD FEEDING 15,340 29,740
EQUIPMENT.
UFR: BCT support [14,400]
equipment.
143 CARGO AERIAL DEL & 30,607 30,607
PERSONNEL PARACHUTE
SYSTEM.
144 FAMILY OF ENGR COMBAT 10,426 18,900
AND CONSTRUCTION
SETS.
UFR: Engineering [8,474]
equipment.
PETROLEUM EQUIPMENT
146 QUALITY SURVEILLANCE 6,903 6,903
EQUIPMENT.
147 DISTRIBUTION SYSTEMS, 47,597 47,597
PETROLEUM & WATER.
MEDICAL EQUIPMENT
148 COMBAT SUPPORT 43,343 43,343
MEDICAL.
MAINTENANCE EQUIPMENT
149 MOBILE MAINTENANCE 33,774 47,070
EQUIPMENT SYSTEMS.
UFR: Shop [13,296]
equipment.
150 ITEMS LESS THAN $5.0M 2,728 3,682
(MAINT EQ).
UFR: Additional [954]
equipment for
growing Army.
CONSTRUCTION
EQUIPMENT
151 GRADER, ROAD MTZD, 989 15,719
HVY, 6X4 (CCE).
UFR: Procures 48 [14,730]
Graders for the
16th ABCT.
152 SCRAPERS, EARTHMOVING 11,180 11,180
154 TRACTOR, FULL TRACKED 48,679
Unfunded [48,679]
requirement--T9
Dozers.
155 ALL TERRAIN CRANES... 8,935 11,935
UFR: Procures [3,000]
cranes to support
bridging assets.
157 HIGH MOBILITY 64,339 84,899
ENGINEER EXCAVATOR
(HMEE).
UFR: Procures [20,560]
HMEE for the 16th
ABCT.
158 ENHANCED RAPID 2,563 2,563
AIRFIELD
CONSTRUCTION CAPAP.
160 CONST EQUIP ESP...... 19,032 26,032
UFR: Procures [7,000]
Engineer Mission
Module--Water
Distributors and
31 Vibratory
Rollers.
161 ITEMS LESS THAN $5.0M 6,899 11,911
(CONST EQUIP).
UFR: Procures 2 [5,012]
Vibratory Plate
Compactors (VPC)
for the 16th ABCT.
RAIL FLOAT
CONTAINERIZATION
EQUIPMENT
162 ARMY WATERCRAFT ESP.. 20,110 20,110
163 ITEMS LESS THAN $5.0M 2,877 2,877
(FLOAT/RAIL).
GENERATORS
164 GENERATORS AND 115,635 132,845
ASSOCIATED EQUIP.
UFR: Additional [17,210]
equipment for
growing Army.
165 TACTICAL ELECTRIC 7,436 7,436
POWER
RECAPITALIZATION.
MATERIAL HANDLING
EQUIPMENT
166 FAMILY OF FORKLIFTS.. 9,000 10,635
UFR: Procures [1,635]
additonal 5K
LCRTF.
TRAINING EQUIPMENT
167 COMBAT TRAINING 88,888 126,638
CENTERS SUPPORT.
Unfunded [37,750]
requirement.
168 TRAINING DEVICES, 285,989 285,989
NONSYSTEM.
169 CLOSE COMBAT TACTICAL 45,718 45,718
TRAINER.
170 AVIATION COMBINED 30,568 30,568
ARMS TACTICAL
TRAINER.
171 GAMING TECHNOLOGY IN 5,406 5,406
SUPPORT OF ARMY
TRAINING.
TEST MEASURE AND DIG
EQUIPMENT (TMD)
172 CALIBRATION SETS 5,564 5,564
EQUIPMENT.
173 INTEGRATED FAMILY OF 30,144 30,144
TEST EQUIPMENT
(IFTE).
174 TEST EQUIPMENT 7,771 7,771
MODERNIZATION
(TEMOD).
OTHER SUPPORT
EQUIPMENT
175 M25 STABILIZED 3,956 3,956
BINOCULAR.
176 RAPID EQUIPPING 5,000 10,000
SOLDIER SUPPORT
EQUIPMENT.
UFR: Support 10 [5,000]
initiatives per
year.
177 PHYSICAL SECURITY 60,047 60,047
SYSTEMS (OPA3).
178 BASE LEVEL COMMON 13,239 13,239
EQUIPMENT.
179 MODIFICATION OF IN- 60,192 99,432
SVC EQUIPMENT (OPA-
3).
UFR: Additional [39,240]
support equipment.
180 PRODUCTION BASE 2,271 2,271
SUPPORT (OTH).
181 SPECIAL EQUIPMENT FOR 5,319 5,319
USER TESTING.
182 TRACTOR YARD......... 5,935 5,935
OPA2
184 INITIAL SPARES--C&E..; 38,269 38,269
UNDISTRIBUTED
185 UNDISTRIBUTED........ 56,000
Security Force [56,000]
Assistance
Brigade.
TOTAL OTHER 6,469,331 8,485,056
PROCUREMENT,
ARMY.
JOINT IMPROVISED-
THREAT DEFEAT FUND
NETWORK ATTACK
001 RAPID ACQUISITION AND 14,442 14,442
THREAT RESPONSE.
TOTAL JOINT 14,442 14,442
IMPROVISED-
THREAT DEFEAT
FUND.
AIRCRAFT PROCUREMENT,
NAVY
COMBAT AIRCRAFT
002 F/A-18E/F (FIGHTER) 1,200,146 1,939,146
HORNET.
UFR: Additional F/ [739,000]
A-18 E/F Super
Hornets.
003 ADVANCE 52,971 52,971
PROCUREMENT (CY).
004 JOINT STRIKE FIGHTER 582,324 1,382,324
CV.
UFR: Additional F- [540,000]
35C (Navy).
UFR: Additional F- [260,000]
35C (USMC).
005 ADVANCE 263,112 263,112
PROCUREMENT (CY).
006 JSF STOVL............ 2,398,139 2,923,739
UFR: Additional F- [525,600]
35B.
007 ADVANCE 413,450 413,450
PROCUREMENT (CY).
008 CH-53K (HEAVY LIFT).. 567,605 567,605
009 ADVANCE 147,046 147,046
PROCUREMENT (CY).
010 V-22 (MEDIUM LIFT)... 677,404 1,199,404
UFR: Additional [166,000]
MV-22/V-22.
UFR: Additional [356,000]
MV-22B.
011 ADVANCE 27,422 27,422
PROCUREMENT (CY).
012 H-1 UPGRADES (UH-1Y/ 678,429 898,929
AH-1Z).
UFR: Additional [220,500]
AH-1Z.
013 ADVANCE 42,082 42,082
PROCUREMENT (CY).
016 P-8A POSEIDON........ 1,245,251 1,751,751
UFR: Additional P- [506,500]
8A Poseidon.
017 ADVANCE 140,333 140,333
PROCUREMENT (CY).
018 E-2D ADV HAWKEYE..... 733,910 733,910
019 ADVANCE 102,026 102,026
PROCUREMENT (CY).
OTHER AIRCRAFT
022 KC-130J.............. 129,577 484,877
UFR: Additional [355,300]
KC-130J.
023 ADVANCE 25,497 25,497
PROCUREMENT (CY).
024 MQ-4 TRITON.......... 522,126 517,126
Excess cost [-5,000]
growth.
025 ADVANCE 57,266 57,266
PROCUREMENT (CY).
026 MQ-8 UAV............. 49,472 49,472
027 STUASL0 UAV.......... 880 60,080
UFR: Procure [59,200]
additional
aircraft.
MODIFICATION OF
AIRCRAFT
030 AEA SYSTEMS.......... 52,960 52,960
031 AV-8 SERIES.......... 43,555 43,555
032 ADVERSARY............ 2,565 2,565
033 F-18 SERIES.......... 1,043,661 992,211
F/A-18 Infrared [-100,000]
Search and Track
(IRST) Block 1
system.
UFR: ALQ-214 USMC [32,550]
Retrofit.
UFR: ALR-67 [16,000]
Retrofit A-KITS
and Partial B-
Kits.
034 H-53 SERIES.......... 38,712 38,712
035 SH-60 SERIES......... 95,333 95,333
036 H-1 SERIES........... 101,886 101,886
037 EP-3 SERIES.......... 7,231 7,231
038 P-3 SERIES........... 700 700
039 E-2 SERIES........... 97,563 97,563
040 TRAINER A/C SERIES... 8,184 8,184
041 C-2A................. 18,673 18,673
042 C-130 SERIES......... 83,541 83,541
043 FEWSG................ 630 630
044 CARGO/TRANSPORT A/C 10,075 10,075
SERIES.
045 E-6 SERIES........... 223,508 223,508
046 EXECUTIVE HELICOPTERS 38,787 38,787
SERIES.
047 SPECIAL PROJECT 8,304 8,304
AIRCRAFT.
048 T-45 SERIES.......... 148,071 148,071
049 POWER PLANT CHANGES.. 19,827 19,827
050 JPATS SERIES......... 27,007 27,007
051 COMMON ECM EQUIPMENT. 146,642 146,642
052 COMMON AVIONICS 123,507 123,507
CHANGES.
053 COMMON DEFENSIVE 2,317 2,317
WEAPON SYSTEM.
054 ID SYSTEMS........... 49,524 49,524
055 P-8 SERIES........... 18,665 18,665
056 MAGTF EW FOR AVIATION 10,111 10,111
057 MQ-8 SERIES.......... 32,361 32,361
059 V-22 (TILT/ROTOR 228,321 228,321
ACFT) OSPREY.
060 F-35 STOVL SERIES.... 34,963 34,963
061 F-35 CV SERIES....... 31,689 31,689
062 QRC.................. 24,766 24,766
063 MQ-4 SERIES.......... 39,996 39,996
AIRCRAFT SPARES AND
REPAIR PARTS
064 SPARES AND REPAIR 1,681,914 1,882,514
PARTS.
UFR: F-35B Spares [32,600]
UFR: Fund to max [168,000]
executable.
AIRCRAFT SUPPORT
EQUIP & FACILITIES
065 COMMON GROUND 388,052 405,552
EQUIPMENT.
UFR: F/A-18C/D [17,500]
Training Systems.
066 AIRCRAFT INDUSTRIAL 24,613 24,613
FACILITIES.
067 WAR CONSUMABLES...... 39,614 39,614
068 OTHER PRODUCTION 1,463 1,463
CHARGES.
069 SPECIAL SUPPORT 48,500 48,500
EQUIPMENT.
070 FIRST DESTINATION 1,976 1,976
TRANSPORTATION.
TOTAL AIRCRAFT 15,056,235 18,945,985
PROCUREMENT,
NAVY.
WEAPONS PROCUREMENT,
NAVY
MODIFICATION OF
MISSILES
001 TRIDENT II MODS...... 1,143,595 1,143,595
SUPPORT EQUIPMENT &
FACILITIES
002 MISSILE INDUSTRIAL 7,086 7,086
FACILITIES.
STRATEGIC MISSILES
003 TOMAHAWK............. 134,375 134,375
TACTICAL MISSILES
004 AMRAAM............... 197,109 209,109
UFR: Munitions [12,000]
Wholeness.
005 SIDEWINDER........... 79,692 79,692
006 JSOW................. 5,487 5,487
007 STANDARD MISSILE..... 510,875 510,875
008 SMALL DIAMETER BOMB 20,968 20,968
II.
009 RAM.................. 58,587 106,587
UFR: Additional [48,000]
RAM BLK II.
010 JOINT AIR GROUND 3,789 3,789
MISSILE (JAGM).
013 STAND OFF PRECISION 3,122 12,522
GUIDED MUNITIONS
(SOPGM).
UFR: AGM-176A [9,400]
Griffin Missile
Qualifications.
014 AERIAL TARGETS....... 124,757 124,757
015 OTHER MISSILE SUPPORT 3,420 3,420
016 LRASM................ 74,733 74,733
MODIFICATION OF
MISSILES
017 ESSM................. 74,524 74,524
019 HARPOON MODS......... 17,300 17,300
020 HARM MODS............ 183,368 183,368
021 STANDARD MISSILES 11,729 11,729
MODS.
SUPPORT EQUIPMENT &
FACILITIES
022 WEAPONS INDUSTRIAL 4,021 4,021
FACILITIES.
023 FLEET SATELLITE COMM 46,357 46,357
FOLLOW-ON.
ORDNANCE SUPPORT
EQUIPMENT
025 ORDNANCE SUPPORT 47,159 47,159
EQUIPMENT.
TORPEDOES AND RELATED
EQUIP
026 SSTD................. 5,240 5,240
027 MK-48 TORPEDO........ 44,771 70,871
MK 48 HWT........ [26,100]
028 ASW TARGETS.......... 12,399 12,399
MOD OF TORPEDOES AND
RELATED EQUIP
029 MK-54 TORPEDO MODS... 104,044 104,044
030 MK-48 TORPEDO ADCAP 38,954 38,954
MODS.
031 QUICKSTRIKE MINE..... 10,337 10,337
SUPPORT EQUIPMENT
032 TORPEDO SUPPORT 70,383 70,383
EQUIPMENT.
033 ASW RANGE SUPPORT.... 3,864 3,864
DESTINATION
TRANSPORTATION
034 FIRST DESTINATION 3,961 3,961
TRANSPORTATION.
GUNS AND GUN MOUNTS
035 SMALL ARMS AND 11,332 11,332
WEAPONS.
MODIFICATION OF GUNS
AND GUN MOUNTS
036 CIWS MODS............ 72,698 72,698
037 COAST GUARD WEAPONS.. 38,931 38,931
038 GUN MOUNT MODS....... 76,025 76,025
039 LCS MODULE WEAPONS... 13,110 13,110
040 CRUISER MODERNIZATION 34,825 34,825
WEAPONS.
041 AIRBORNE MINE 16,925 16,925
NEUTRALIZATION
SYSTEMS.
SPARES AND REPAIR
PARTS
043 SPARES AND REPAIR 110,255 110,255
PARTS.
TOTAL WEAPONS 3,420,107 3,515,607
PROCUREMENT,
NAVY.
PROCUREMENT OF AMMO,
NAVY & MC
NAVY AMMUNITION
001 GENERAL PURPOSE BOMBS 34,882 34,882
002 JDAM................. 57,343 57,343
003 AIRBORNE ROCKETS, ALL 79,318 79,318
TYPES.
004 MACHINE GUN 14,112 14,112
AMMUNITION.
005 PRACTICE BOMBS....... 47,027 47,027
006 CARTRIDGES & CART 57,718 57,718
ACTUATED DEVICES.
007 AIR EXPENDABLE 65,908 65,908
COUNTERMEASURES.
008 JATOS................ 2,895 2,895
010 5 INCH/54 GUN 22,112 22,112
AMMUNITION.
011 INTERMEDIATE CALIBER 12,804 12,804
GUN AMMUNITION.
012 OTHER SHIP GUN 41,594 41,594
AMMUNITION.
013 SMALL ARMS & LANDING 49,401 49,401
PARTY AMMO.
014 PYROTECHNIC AND 9,495 9,495
DEMOLITION.
016 AMMUNITION LESS THAN 3,080 3,080
$5 MILLION.
MARINE CORPS
AMMUNITION
019 60MM, ALL TYPES...... 11,000
Unfunded [11,000]
requirement--Full
range practice
rounds.
020 MORTARS.............. 24,118 24,118
021 81MM, ALL TYPES...... 14,500
Unfunded [14,500]
requirement--Full
range practice
rounds.
023 DIRECT SUPPORT 64,045 64,045
MUNITIONS.
024 INFANTRY WEAPONS 91,456 91,456
AMMUNITION.
027 ARTILLERY, ALL TYPES. 17,000
Unfunded [17,000]
requirement--HE
Training Rounds.
029 COMBAT SUPPORT 11,788 11,788
MUNITIONS.
032 AMMO MODERNIZATION... 17,862 17,862
033 ARTILLERY MUNITIONS.. 79,427 79,427
034 ITEMS LESS THAN $5 5,960 5,960
MILLION.
TOTAL 792,345 834,845
PROCUREMENT OF
AMMO, NAVY & MC.
SHIPBUILDING AND
CONVERSION, NAVY
FLEET BALLISTIC
MISSILE SHIPS
001 ADVANCE 842,853 842,853
PROCUREMENT (CY).
OTHER WARSHIPS
002 CARRIER REPLACEMENT 4,441,772 4,441,772
PROGRAM.
004 VIRGINIA CLASS 3,305,315 3,305,315
SUBMARINE.
005 ADVANCE 1,920,596 2,618,596
PROCUREMENT (CY).
3rd FY20 SSN, EOQ [698,000]
or SIB expansion.
006 CVN REFUELING 1,604,890 1,569,669
OVERHAULS.
AN/SPN-46 [-3,126]
overhaul/upgrade
cost growth.
AN/SPQ-9B radar [-2,746]
unjustified
request.
IFF interrogator [-2,094]
set unjustified
request.
JPALS cost growth [-555]
UCLASS early to [-26,700]
need.
007 ADVANCE 75,897 75,897
PROCUREMENT (CY).
008 DDG 1000............. 223,968 173,968
Unjustified cost [-50,000]
growth.
009 DDG-51............... 3,499,079 5,283,079
1 additional DDG [1,750,000]
for FY18-22 MYP
contract.
Ship Signal [34,000]
Exploitation
Equipment.
010 ADVANCE 90,336 340,336
PROCUREMENT (CY).
EOQ for FY18-22 [250,000]
MYP contract.
011 LITTORAL COMBAT SHIP. 636,146 1,536,146
LCS.............. [900,000]
AMPHIBIOUS SHIPS
013 LPD-17............... 1,500,000
LX(R) or LPD-30.. [1,500,000]
014 EXPEDITIONARY SEA 635,000
BASE (ESB).
ESB.............. [635,000]
015 LHA REPLACEMENT...... 1,710,927 1,710,927
AUXILIARIES, CRAFT
AND PRIOR YR PROGRAM
COST
018 TAO FLEET OILER...... 465,988 465,988
019 ADVANCE 75,068 75,068
PROCUREMENT (CY).
020 TOWING, SALVAGE, AND 76,204 76,204
RESCUE SHIP (ATS).
023 LCU 1700............. 31,850 31,850
024 OUTFITTING........... 548,703 542,626
Virginia class [-1,689]
outfitting cost
growth.
Virginia class [-4,388]
post-delivery
cost growth.
025 SHIP TO SHORE 212,554 524,554
CONNECTOR.
UFR: 5 additional [312,000]
Ship-to-Shore
Connector.
026 SERVICE CRAFT........ 23,994 62,994
UFR: Berthing [39,000]
barge.
029 COMPLETION OF PY 117,542 117,542
SHIPBUILDING
PROGRAMS.
032 CABLE SHIP........... 250,000
Procure cable [250,000]
ship.
TOTAL 19,903,682 26,180,384
SHIPBUILDING AND
CONVERSION, NAVY.
OTHER PROCUREMENT,
NAVY
SHIP PROPULSION
EQUIPMENT
003 SURFACE POWER 41,910 41,910
EQUIPMENT.
004 HYBRID ELECTRIC DRIVE 6,331 6,331
(HED).
GENERATORS
005 SURFACE COMBATANT 27,392 27,392
HM&E.;
NAVIGATION EQUIPMENT
006 OTHER NAVIGATION 65,943 65,943
EQUIPMENT.
PERISCOPES
007 SUB PERISCOPES & 29,000
IMAGING EQUIP.
Submarine Warfare [29,000]
Federated Tactial
Systems.
OTHER SHIPBOARD
EQUIPMENT
008 SUB PERISCOPE, 151,240 151,240
IMAGING AND SUPT
EQUIP PROG.
009 DDG MOD.............. 603,355 650,864
AWS upgrade kits [-4,526]
unit cost growth.
Conjunctive [-5,185]
alteration
definition and
integration
previously funded.
Destroyer [65,000]
modernization.
DM013 [-6,780]
installation
insufficient
budget
justification.
DVSS and wireless [-1,000]
communications
equipment
insufficient
budget
justification.
010 FIREFIGHTING 15,887 15,887
EQUIPMENT.
011 COMMAND AND CONTROL 2,240 2,240
SWITCHBOARD.
012 LHA/LHD MIDLIFE...... 30,287 30,287
014 POLLUTION CONTROL 17,293 17,293
EQUIPMENT.
015 SUBMARINE SUPPORT 27,990 27,990
EQUIPMENT.
016 VIRGINIA CLASS 46,610 46,610
SUPPORT EQUIPMENT.
017 LCS CLASS SUPPORT 47,955 47,955
EQUIPMENT.
018 SUBMARINE BATTERIES.. 17,594 17,594
019 LPD CLASS SUPPORT 61,908 61,908
EQUIPMENT.
021 STRATEGIC PLATFORM 15,812 15,812
SUPPORT EQUIP.
022 DSSP EQUIPMENT....... 4,178 4,178
023 CG MODERNIZATION..... 306,050 306,050
024 LCAC................. 5,507 5,507
025 UNDERWATER EOD 55,922 55,922
PROGRAMS.
026 ITEMS LESS THAN $5 96,909 96,909
MILLION.
027 CHEMICAL WARFARE 3,036 3,036
DETECTORS.
028 SUBMARINE LIFE 10,364 10,364
SUPPORT SYSTEM.
REACTOR PLANT
EQUIPMENT
029 REACTOR POWER UNITS.. 324,925 324,925
030 REACTOR COMPONENTS... 534,468 534,468
OCEAN ENGINEERING
031 DIVING AND SALVAGE 10,619 10,619
EQUIPMENT.
SMALL BOATS
032 STANDARD BOATS....... 46,094 46,094
PRODUCTION FACILITIES
EQUIPMENT
034 OPERATING FORCES IPE. 191,541 191,541
OTHER SHIP SUPPORT
036 LCS COMMON MISSION 34,666 34,666
MODULES EQUIPMENT.
037 LCS MCM MISSION 55,870 89,870
MODULES.
UFR: Additional [34,000]
MCM USV.
039 LCS SUW MISSION 52,960 52,960
MODULES.
040 LCS IN-SERVICE 74,426 158,426
MODERNIZATION.
LCS Modernization [84,000]
LOGISTIC SUPPORT
042 LSD MIDLIFE & 89,536 49,536
MODERNIZATION.
Contract cost [-40,000]
savings.
SHIP SONARS
043 SPQ-9B RADAR......... 30,086 20,086
Program [-10,000]
underexecution.
044 AN/SQQ-89 SURF ASW 102,222 102,222
COMBAT SYSTEM.
046 SSN ACOUSTIC 287,553 287,553
EQUIPMENT.
047 UNDERSEA WARFARE 13,653 13,653
SUPPORT EQUIPMENT.
ASW ELECTRONIC
EQUIPMENT
049 SUBMARINE ACOUSTIC 21,449 21,449
WARFARE SYSTEM.
050 SSTD................. 12,867 12,867
051 FIXED SURVEILLANCE 300,102 300,102
SYSTEM.
052 SURTASS.............. 30,180 40,180
UFR: 1 Additional [10,000]
ELECTRONIC WARFARE
EQUIPMENT
054 AN/SLQ-32............ 240,433 240,433
RECONNAISSANCE
EQUIPMENT
055 SHIPBOARD IW EXPLOIT. 187,007 227,007
UFR: 3 SSEE [40,000]
Increment F and
Paragon/Graywing.
056 AUTOMATED 510 510
IDENTIFICATION
SYSTEM (AIS).
OTHER SHIP ELECTRONIC
EQUIPMENT
058 COOPERATIVE 23,892 23,892
ENGAGEMENT
CAPABILITY.
060 NAVAL TACTICAL 10,741 10,741
COMMAND SUPPORT
SYSTEM (NTCSS).
061 ATDLS................ 38,016 38,016
062 NAVY COMMAND AND 4,512 4,512
CONTROL SYSTEM
(NCCS).
063 MINESWEEPING SYSTEM 31,531 31,531
REPLACEMENT.
064 SHALLOW WATER MCM.... 8,796 8,796
065 NAVSTAR GPS RECEIVERS 15,923 15,923
(SPACE).
066 AMERICAN FORCES RADIO 2,730 2,730
AND TV SERVICE.
067 STRATEGIC PLATFORM 6,889 6,889
SUPPORT EQUIP.
AVIATION ELECTRONIC
EQUIPMENT
070 ASHORE ATC EQUIPMENT. 71,882 71,882
071 AFLOAT ATC EQUIPMENT. 44,611 44,611
077 ID SYSTEMS........... 21,239 21,239
078 NAVAL MISSION 11,976 11,976
PLANNING SYSTEMS.
OTHER SHORE
ELECTRONIC EQUIPMENT
080 TACTICAL/MOBILE C4I 32,425 32,425
SYSTEMS.
081 DCGS-N............... 13,790 13,790
082 CANES................ 322,754 322,754
083 RADIAC............... 10,718 10,718
084 CANES-INTELL......... 48,028 48,028
085 GPETE................ 6,861 6,861
086 MASF................. 8,081 8,081
087 INTEG COMBAT SYSTEM 5,019 5,019
TEST FACILITY.
088 EMI CONTROL 4,188 4,188
INSTRUMENTATION.
089 ITEMS LESS THAN $5 105,292 105,292
MILLION.
SHIPBOARD
COMMUNICATIONS
090 SHIPBOARD TACTICAL 23,695 23,695
COMMUNICATIONS.
091 SHIP COMMUNICATIONS 103,990 103,990
AUTOMATION.
092 COMMUNICATIONS ITEMS 18,577 18,577
UNDER $5M.
SUBMARINE
COMMUNICATIONS
093 SUBMARINE BROADCAST 29,669 29,669
SUPPORT.
094 SUBMARINE 86,204 86,204
COMMUNICATION
EQUIPMENT.
SATELLITE
COMMUNICATIONS
095 SATELLITE 14,654 14,654
COMMUNICATIONS
SYSTEMS.
096 NAVY MULTIBAND 69,764 69,764
TERMINAL (NMT).
SHORE COMMUNICATIONS
097 JOINT COMMUNICATIONS 4,256 4,256
SUPPORT ELEMENT
(JCSE).
CRYPTOGRAPHIC
EQUIPMENT
099 INFO SYSTEMS SECURITY 89,663 89,663
PROGRAM (ISSP).
100 MIO INTEL 961 961
EXPLOITATION TEAM.
CRYPTOLOGIC EQUIPMENT
101 CRYPTOLOGIC 11,287 11,287
COMMUNICATIONS EQUIP.
OTHER ELECTRONIC
SUPPORT
110 COAST GUARD EQUIPMENT 36,584 36,584
SONOBUOYS
112 SONOBUOYS--ALL TYPES. 173,616 173,616
AIRCRAFT SUPPORT
EQUIPMENT
113 WEAPONS RANGE SUPPORT 72,110 72,110
EQUIPMENT.
114 AIRCRAFT SUPPORT 108,482 108,482
EQUIPMENT.
115 ADVANCED ARRESTING 10,900 10,900
GEAR (AAG).
116 METEOROLOGICAL 21,137 21,137
EQUIPMENT.
117 DCRS/DPL............. 660 660
118 AIRBORNE MINE 20,605 20,605
COUNTERMEASURES.
119 AVIATION SUPPORT 34,032 34,032
EQUIPMENT.
SHIP GUN SYSTEM
EQUIPMENT
120 SHIP GUN SYSTEMS 5,277 5,277
EQUIPMENT.
SHIP MISSILE SYSTEMS
EQUIPMENT
121 SHIP MISSILE SUPPORT 272,359 272,359
EQUIPMENT.
122 TOMAHAWK SUPPORT 73,184 73,184
EQUIPMENT.
FBM SUPPORT EQUIPMENT
123 STRATEGIC MISSILE 246,221 246,221
SYSTEMS EQUIP.
ASW SUPPORT EQUIPMENT
124 SSN COMBAT CONTROL 129,972 129,972
SYSTEMS.
125 ASW SUPPORT EQUIPMENT 23,209 23,209
OTHER ORDNANCE
SUPPORT EQUIPMENT
126 EXPLOSIVE ORDNANCE 15,596 15,596
DISPOSAL EQUIP.
127 ITEMS LESS THAN $5 5,981 5,981
MILLION.
OTHER EXPENDABLE
ORDNANCE
128 SUBMARINE TRAINING 74,550 74,550
DEVICE MODS.
130 SURFACE TRAINING 83,022 83,022
EQUIPMENT.
CIVIL ENGINEERING
SUPPORT EQUIPMENT
131 PASSENGER CARRYING 5,299 5,299
VEHICLES.
132 GENERAL PURPOSE 2,946 2,946
TRUCKS.
133 CONSTRUCTION & 34,970 34,970
MAINTENANCE EQUIP.
134 FIRE FIGHTING 2,541 2,541
EQUIPMENT.
135 TACTICAL VEHICLES.... 19,699 19,699
136 AMPHIBIOUS EQUIPMENT. 12,162 12,162
137 POLLUTION CONTROL 2,748 2,748
EQUIPMENT.
138 ITEMS UNDER $5 18,084 18,084
MILLION.
139 PHYSICAL SECURITY 1,170 1,170
VEHICLES.
SUPPLY SUPPORT
EQUIPMENT
141 SUPPLY EQUIPMENT..... 21,797 21,797
143 FIRST DESTINATION 5,572 5,572
TRANSPORTATION.
144 SPECIAL PURPOSE 482,916 482,916
SUPPLY SYSTEMS.
TRAINING DEVICES
146 TRAINING AND 25,624 25,624
EDUCATION EQUIPMENT.
COMMAND SUPPORT
EQUIPMENT
147 COMMAND SUPPORT 59,076 55,765
EQUIPMENT.
Consolidate [-3,311]
requirements Navy
Enterprise
Resource Planning.
149 MEDICAL SUPPORT 4,383 4,383
EQUIPMENT.
151 NAVAL MIP SUPPORT 2,030 2,030
EQUIPMENT.
152 OPERATING FORCES 7,500 7,500
SUPPORT EQUIPMENT.
153 C4ISR EQUIPMENT...... 4,010 4,010
154 ENVIRONMENTAL SUPPORT 23,644 23,644
EQUIPMENT.
155 PHYSICAL SECURITY 101,982 101,982
EQUIPMENT.
156 ENTERPRISE 19,789 19,789
INFORMATION
TECHNOLOGY.
OTHER
160 NEXT GENERATION 104,584 104,584
ENTERPRISE SERVICE.
CLASSIFIED PROGRAMS
161A CLASSIFIED PROGRAMS.. 23,707 23,707
SPARES AND REPAIR
PARTS
161 SPARES AND REPAIR 278,565 278,565
PARTS.
UNDISTRIBUTED
162 UNDISTRIBUTED........ 50,000
Classified [50,000]
Project 0428.
TOTAL OTHER 8,277,789 8,518,987
PROCUREMENT,
NAVY.
PROCUREMENT, MARINE
CORPS
TRACKED COMBAT
VEHICLES
001 AAV7A1 PIP........... 107,665 107,665
002 AMPHIBIOUS COMBAT 161,511 161,511
VEHICLE 1.1.
003 LAV PIP.............. 17,244 17,244
ARTILLERY AND OTHER
WEAPONS
004 EXPEDITIONARY FIRE 626 626
SUPPORT SYSTEM.
005 155MM LIGHTWEIGHT 20,259 20,259
TOWED HOWITZER.
006 HIGH MOBILITY 59,943 59,943
ARTILLERY ROCKET
SYSTEM.
007 WEAPONS AND COMBAT 19,616 19,616
VEHICLES UNDER $5
MILLION.
OTHER SUPPORT
008 MODIFICATION KITS.... 17,778 17,778
GUIDED MISSILES
010 GROUND BASED AIR 9,432 9,432
DEFENSE.
011 JAVELIN.............. 41,159 41,159
012 FOLLOW ON TO SMAW.... 25,125 25,125
013 ANTI-ARMOR WEAPONS 51,553 51,553
SYSTEM-HEAVY (AAWS-
H).
COMMAND AND CONTROL
SYSTEMS
016 COMMON AVIATION 44,928 44,928
COMMAND AND CONTROL
SYSTEM (C.
REPAIR AND TEST
EQUIPMENT
017 REPAIR AND TEST 33,056 33,056
EQUIPMENT.
COMMAND AND CONTROL
SYSTEM (NON-TEL)
020 ITEMS UNDER $5 17,644 37,844
MILLION (COMM &
ELEC).
UFR: Night Optics [20,200]
for Sniper Rifle.
021 AIR OPERATIONS C2 18,393 18,393
SYSTEMS.
RADAR + EQUIPMENT
(NON-TEL)
022 RADAR SYSTEMS........ 12,411 12,411
023 GROUND/AIR TASK 139,167 139,167
ORIENTED RADAR (G/
ATOR).
024 RQ-21 UAS............ 77,841 77,841
INTELL/COMM EQUIPMENT
(NON-TEL)
025 GCSS-MC.............. 1,990 1,990
026 FIRE SUPPORT SYSTEM.. 22,260 22,260
027 INTELLIGENCE SUPPORT 55,759 55,759
EQUIPMENT.
029 UNMANNED AIR SYSTEMS 10,154 23,654
(INTEL).
UFR: Long [13,500]
Endurance Small
UAS.
030 DCGS-MC.............. 13,462 13,462
031 UAS PAYLOADS......... 14,193 14,193
OTHER SUPPORT (NON-
TEL)
035 NEXT GENERATION 98,511 98,511
ENTERPRISE NETWORK
(NGEN).
036 COMMON COMPUTER 66,894 66,894
RESOURCES.
037 COMMAND POST SYSTEMS. 186,912 206,912
Additional NOTM-A [20,000]
Systems for
emerging
operational
requirements.
038 RADIO SYSTEMS........ 34,361 34,361
039 COMM SWITCHING & 54,615 54,615
CONTROL SYSTEMS.
040 COMM & ELEC 44,455 44,455
INFRASTRUCTURE
SUPPORT.
CLASSIFIED PROGRAMS
040A CLASSIFIED PROGRAMS.. 4,214 4,214
ADMINISTRATIVE
VEHICLES
042 COMMERCIAL CARGO 66,951 66,951
VEHICLES.
TACTICAL VEHICLES
043 MOTOR TRANSPORT 21,824 21,824
MODIFICATIONS.
044 JOINT LIGHT TACTICAL 233,639 233,639
VEHICLE.
045 FAMILY OF TACTICAL 1,938 1,938
TRAILERS.
046 TRAILERS............. 10,282 10,282
ENGINEER AND OTHER
EQUIPMENT
048 ENVIRONMENTAL CONTROL 1,405 1,405
EQUIP ASSORT.
050 TACTICAL FUEL SYSTEMS 1,788 1,788
051 POWER EQUIPMENT 9,910 9,910
ASSORTED.
052 AMPHIBIOUS SUPPORT 5,830 5,830
EQUIPMENT.
053 EOD SYSTEMS.......... 27,240 27,240
MATERIALS HANDLING
EQUIPMENT
054 PHYSICAL SECURITY 53,477 53,477
EQUIPMENT.
GENERAL PROPERTY
056 TRAINING DEVICES..... 76,185 85,064
UFR: ITESS-II [8,879]
Force on Force
Training System.
058 FAMILY OF 26,286 26,286
CONSTRUCTION
EQUIPMENT.
059 FAMILY OF INTERNALLY 1,583 1,583
TRANSPORTABLE VEH
(ITV).
OTHER SUPPORT
060 ITEMS LESS THAN $5 7,716 7,716
MILLION.
SPARES AND REPAIR
PARTS
062 SPARES AND REPAIR 35,640 35,640
PARTS.
TOTAL 2,064,825 2,127,404
PROCUREMENT,
MARINE CORPS.
AIRCRAFT PROCUREMENT,
AIR FORCE
TACTICAL FORCES
001 F-35................. 4,544,684 5,634,684
Additional [60,000]
Tooling in
Support of
Unfunded Priority.
UFR: Procure [1,030,000]
additional F-35As.
002 ADVANCE 780,300 780,300
PROCUREMENT (CY).
002A O/A-X LIGHT ATTACK 400,000
FIGHTER.
O/A-X Light [400,000]
Attack Fighter.
TACTICAL AIRLIFT
003 KC-46A TANKER........ 2,545,674 2,945,674
UFR: Procure KC- [400,000]
46.
OTHER AIRLIFT
004 C-130J............... 57,708 159,708
Technical [102,000]
adjustments for
Weapon System
Trainers.
006 HC-130J.............. 198,502 298,502
UFR: Procure HC- [100,000]
130s.
008 MC-130J.............. 379,373 979,373
UFR: Procures MC- [600,000]
130s.
009 ADVANCE 30,000 30,000
PROCUREMENT (CY).
MISSION SUPPORT
AIRCRAFT
012 CIVIL AIR PATROL A/C. 2,695 2,695
OTHER AIRCRAFT
014 TARGET DRONES........ 109,841 109,841
017 MQ-9................. 117,141 117,141
017A COMPASS CALL......... 108,173
Technical [108,173]
adjustment.
STRATEGIC AIRCRAFT
018 B-2A................. 96,727 96,727
019 B-1B................. 155,634 121,634
Excess funding... [-34,000]
020 B-52................. 109,295 109,295
021 LARGE AIRCRAFT 4,046 4,046
INFRARED
COUNTERMEASURES.
TACTICAL AIRCRAFT
022 A-10................. 6,010 109,010
UFR: A-10 Wings.. [103,000]
023 F-15................. 417,193 417,193
024 F-16................. 203,864 203,864
025 F-22A................ 161,630 161,630
026 ADVANCE 15,000 15,000
PROCUREMENT (CY).
027 F-35 MODIFICATIONS... 68,270 68,270
028 INCREMENT 3.2B....... 105,756 105,756
030 KC-46A TANKER........ 6,213 6,213
AIRLIFT AIRCRAFT
031 C-5.................. 36,592 36,592
032 C-5M................. 6,817 6,817
033 C-17A................ 125,522 125,522
034 C-21................. 13,253 13,253
035 C-32A................ 79,449 79,449
036 C-37A................ 15,423 15,423
037 C-130J............... 10,727 0
Technical [-10,727]
adjustments.
TRAINER AIRCRAFT
038 GLIDER MODS.......... 136 136
039 T-6.................. 35,706 35,706
040 T-1.................. 21,477 21,477
041 T-38................. 51,641 51,641
OTHER AIRCRAFT
042 U-2 MODS............. 36,406 36,406
043 KC-10A (ATCA)........ 4,243 4,243
044 C-12................. 5,846 5,846
045 VC-25A MOD........... 52,107 52,107
046 C-40................. 31,119 31,119
047 C-130................ 66,310 195,310
C-130H NP2000 [55,000]
Prop.
C-130H T56 3.5... [74,000]
048 C-130J MODS.......... 171,230 181,957
Technical [10,727]
adjustments.
049 C-135................ 69,428 69,428
050 OC-135B.............. 23,091 23,091
051 COMPASS CALL MODS.... 166,541 102,968
Technical [-108,173]
adjustment.
UFR: Avionics [10,000]
Viability Program
(AVP) upgrades.
UFR: Expected [10,000]
disconnect in air
vehicle.
UFR: Mission and [24,600]
support equipment.
052 COMBAT FLIGHT 495 495
INSPECTION (CFIN).
053 RC-135............... 201,559 201,559
054 E-3.................. 189,772 189,772
055 E-4.................. 30,493 30,493
056 E-8.................. 13,232 13,232
057 AIRBORNE WARNING AND 164,786 164,786
CONTROL SYSTEM.
058 FAMILY OF BEYOND LINE- 24,716 24,716
OF-SIGHT TERMINALS.
059 H-1.................. 3,730 3,730
060 H-60................. 75,989 92,089
Unfunded [16,100]
requirement.
061 RQ-4 MODS............ 43,968 101,868
HA-ISR Payload [18,300]
Adapters.
UFR: Replace RQ-4 [39,600]
TFT Antennas.
062 HC/MC-130 67,674 67,674
MODIFICATIONS.
063 OTHER AIRCRAFT....... 59,068 59,068
065 MQ-9 MODS............ 264,740 264,740
066 CV-22 MODS........... 60,990 60,990
AIRCRAFT SPARES AND
REPAIR PARTS
067 INITIAL SPARES/REPAIR 1,041,569 1,121,169
PARTS.
Additional F-35 [79,600]
Initial Spares.
COMMON SUPPORT
EQUIPMENT
068 AIRCRAFT REPLACEMENT 75,846 75,846
SUPPORT EQUIP.
069 OTHER PRODUCTION 8,524 8,524
CHARGES.
071 T-53A TRAINER........ 501 501
POST PRODUCTION
SUPPORT
072 B-2A................. 447 447
073 B-2A................. 38,509 38,509
074 B-52................. 199 199
075 C-17A................ 12,028 12,028
078 RC-135............... 29,700 29,700
079 F-15................. 20,000 20,000
080 F-15................. 2,524 2,524
081 F-16................. 18,051 5,651
Program reduction [-12,400]
082 F-22A................ 119,566 119,566
083 OTHER AIRCRAFT....... 85,000 85,000
085 RQ-4 POST PRODUCTION 86,695 86,695
CHARGES.
086 CV-22 MODS........... 4,500 4,500
INDUSTRIAL
PREPAREDNESS
087 INDUSTRIAL 14,739 30,739
RESPONSIVENESS.
Program increase. [16,000]
088 C-130J............... 102,000 0
Technical [-102,000]
adjustments for
Weapon System
Trainers.
WAR CONSUMABLES
089 WAR CONSUMABLES...... 37,647 37,647
OTHER PRODUCTION
CHARGES
090 OTHER PRODUCTION 1,339,160 1,339,160
CHARGES.
092 OTHER AIRCRAFT....... 600 600
CLASSIFIED PROGRAMS
092A CLASSIFIED PROGRAMS.. 53,212 53,212
TOTAL AIRCRAFT 15,430,849 18,420,649
PROCUREMENT, AIR
FORCE.
MISSILE PROCUREMENT,
AIR FORCE
MISSILE REPLACEMENT
EQUIPMENT--BALLISTIC
001 MISSILE REPLACEMENT 99,098 99,098
EQ-BALLISTIC.
TACTICAL
002 JOINT AIR-SURFACE 441,367 441,367
STANDOFF MISSILE.
003 LRASM0............... 44,728 61,728
UFR: Long Range [17,000]
Anti-Ship Missile
(LRASM).
004 SIDEWINDER (AIM-9X).. 125,350 125,350
005 AMRAAM............... 304,327 304,327
006 PREDATOR HELLFIRE 34,867 34,867
MISSILE.
007 SMALL DIAMETER BOMB.. 266,030 266,030
INDUSTRIAL FACILITIES
008 INDUSTR'L PREPAREDNS/ 926 926
POL PREVENTION.
CLASS IV
009 ICBM FUZE MOD........ 6,334 6,334
010 MM III MODIFICATIONS. 80,109 80,109
011 AGM-65D MAVERICK..... 289 289
013 AIR LAUNCH CRUISE 36,425 36,425
MISSILE (ALCM).
014 SMALL DIAMETER BOMB.. 14,086 14,086
MISSILE SPARES AND
REPAIR PARTS
015 INITIAL SPARES/REPAIR 101,153 101,153
PARTS.
SPECIAL PROGRAMS
020 SPECIAL UPDATE 44,917 44,917
PROGRAMS.
CLASSIFIED PROGRAMS
020A CLASSIFIED PROGRAMS.. 708,176 708,176
TOTAL MISSILE 2,308,182 2,325,182
PROCUREMENT, AIR
FORCE.
SPACE PROCUREMENT,
AIR FORCE
SPACE PROGRAMS
001 ADVANCED EHF......... 56,974 56,974
002 AF SATELLITE COMM 57,516 57,516
SYSTEM.
003 COUNTERSPACE SYSTEMS. 28,798 28,798
004 FAMILY OF BEYOND LINE- 146,972 146,972
OF-SIGHT TERMINALS.
005 WIDEBAND GAPFILLER 80,849 80,849
SATELLITES(SPACE).
006 GPS III SPACE SEGMENT 85,894 85,894
007 GLOBAL POSTIONING 2,198 2,198
(SPACE).
008 SPACEBORNE EQUIP 25,048 25,048
(COMSEC).
010 MILSATCOM............ 33,033 33,033
011 EVOLVED EXPENDABLE 957,420 957,420
LAUNCH CAPABILITY.
012 EVOLVED EXPENDABLE 606,488 606,488
LAUNCH VEH(SPACE).
013 SBIR HIGH (SPACE).... 981,009 1,054,809
UFR: SBIRS [73,800]
equipment.
014 ADVANCE 132,420 132,420
PROCUREMENT (CY).
015 NUDET DETECTION 6,370 6,370
SYSTEM.
016 SPACE MODS........... 37,203 37,203
017 SPACELIFT RANGE 113,874 113,874
SYSTEM SPACE.
SSPARES
018 INITIAL SPARES/REPAIR 18,709 18,709
PARTS.
TOTAL SPACE 3,370,775 3,444,575
PROCUREMENT, AIR
FORCE.
PROCUREMENT OF
AMMUNITION, AIR
FORCE
ROCKETS
001 ROCKETS.............. 147,454 147,454
CARTRIDGES
002 CARTRIDGES........... 161,744 161,744
BOMBS
003 PRACTICE BOMBS....... 28,509 28,509
004 GENERAL PURPOSE BOMBS 329,501 329,501
005 MASSIVE ORDNANCE 38,382 38,382
PENETRATOR (MOP).
006 JOINT DIRECT ATTACK 319,525 319,525
MUNITION.
007 B61.................. 77,068 77,068
008 ADVANCE 11,239 11,239
PROCUREMENT (CY).
OTHER ITEMS
009 CAD/PAD.............. 53,469 53,469
010 EXPLOSIVE ORDNANCE 5,921 5,921
DISPOSAL (EOD).
011 SPARES AND REPAIR 678 678
PARTS.
012 MODIFICATIONS........ 1,409 1,409
013 ITEMS LESS THAN $5 5,047 5,047
MILLION.
FLARES
015 FLARES............... 143,983 143,983
FUZES
016 FUZES................ 24,062 24,062
SMALL ARMS
017 SMALL ARMS........... 28,611 28,611
TOTAL 1,376,602 1,376,602
PROCUREMENT OF
AMMUNITION, AIR
FORCE.
OTHER PROCUREMENT,
AIR FORCE
PASSENGER CARRYING
VEHICLES
001 PASSENGER CARRYING 15,651 15,651
VEHICLES.
CARGO AND UTILITY
VEHICLES
002 MEDIUM TACTICAL 54,607 67,907
VEHICLE.
Unfunded [13,300]
requirement.
003 CAP VEHICLES......... 1,011 1,011
004 CARGO AND UTILITY 28,670 78,020
VEHICLES.
Unfunded [49,350]
requirement.
SPECIAL PURPOSE
VEHICLES
005 SECURITY AND TACTICAL 59,398 69,362
VEHICLES.
UFR: Set the [9,964]
Theater
initiative, PACOM.
006 SPECIAL PURPOSE 19,784 30,391
VEHICLES.
Unfunded [10,607]
requirement.
FIRE FIGHTING
EQUIPMENT
007 FIRE FIGHTING/CRASH 14,768 14,768
RESCUE VEHICLES.
MATERIALS HANDLING
EQUIPMENT
008 MATERIALS HANDLING 13,561 59,089
VEHICLES.
UFR: Set the [45,528]
Theater (StT)
PACOM.
BASE MAINTENANCE
SUPPORT
009 RUNWAY SNOW REMOV & 3,429 11,550
CLEANING EQUIP.
Unfunded [8,121]
requirement.
010 BASE MAINTENANCE 60,075 73,305
SUPPORT VEHICLES.
UFR: Set the [13,230]
Theater (StT)
PACOM.
COMM SECURITY
EQUIPMENT(COMSEC)
011 COMSEC EQUIPMENT..... 115,000 123,000
UFR: Cyber [8,000]
Squadron
Initiative.
INTELLIGENCE PROGRAMS
013 INTERNATIONAL INTEL 22,335 22,335
TECH & ARCHITECTURES.
014 INTELLIGENCE TRAINING 5,892 5,892
EQUIPMENT.
015 INTELLIGENCE COMM 34,072 34,072
EQUIPMENT.
ELECTRONICS PROGRAMS
016 AIR TRAFFIC CONTROL & 66,143 104,843
LANDING SYS.
UFR: Cyber [6,000]
Squadron
Initiative (WSCR).
UFR: Deployable [16,500]
Radar Approach
Control.
UFR: D-ILS [16,200]
Procurement.
017 NATIONAL AIRSPACE 12,641 12,641
SYSTEM.
018 BATTLE CONTROL 6,415 7,815
SYSTEM--FIXED.
UFR: Battle [1,400]
Control System
(BCS) Tech
Refresh.
019 THEATER AIR CONTROL 23,233 23,233
SYS IMPROVEMENTS.
020 WEATHER OBSERVATION 40,116 40,116
FORECAST.
021 STRATEGIC COMMAND AND 72,810 72,810
CONTROL.
022 CHEYENNE MOUNTAIN 9,864 9,864
COMPLEX.
023 MISSION PLANNING 15,486 15,486
SYSTEMS.
025 INTEGRATED STRAT PLAN 9,187 9,187
& ANALY NETWORK
(ISPAN).
SPCL COMM-ELECTRONICS
PROJECTS
026 GENERAL INFORMATION 51,826 51,826
TECHNOLOGY.
027 AF GLOBAL COMMAND & 3,634 3,634
CONTROL SYS.
028 MOBILITY COMMAND AND 10,083 10,083
CONTROL.
029 AIR FORCE PHYSICAL 201,866 219,866
SECURITY SYSTEM.
Unfunded [18,000]
requirement--Intr
usion Detection
Systems.
030 COMBAT TRAINING 115,198 115,198
RANGES.
031 MINIMUM ESSENTIAL 292 292
EMERGENCY COMM N.
032 WIDE AREA 62,087 62,087
SURVEILLANCE (WAS).
033 C3 COUNTERMEASURES... 37,764 37,764
034 GCSS-AF FOS.......... 2,826 2,826
035 DEFENSE ENTERPRISE 1,514 1,514
ACCOUNTING AND MGMT
SYSTEM.
036 THEATER BATTLE MGT C2 9,646 9,646
SYSTEM.
037 AIR & SPACE 25,533 25,533
OPERATIONS CTR-WPN
SYS.
AIR FORCE
COMMUNICATIONS
040 BASE INFORMATION 28,159 28,159
TRANSPT INFRAST
(BITI) WIRED.
041 AFNET................ 160,820 186,820
UFR: ARAD [26,000]
Enterprise
Software.
042 JOINT COMMUNICATIONS 5,135 5,135
SUPPORT ELEMENT
(JCSE).
043 USCENTCOM............ 18,719 18,719
ORGANIZATION AND BASE
044 TACTICAL C-E 123,206 123,206
EQUIPMENT.
045 COMBAT SURVIVOR 3,004 3,004
EVADER LOCATER.
046 RADIO EQUIPMENT...... 15,736 15,736
047 CCTV/AUDIOVISUAL 5,480 5,480
EQUIPMENT.
048 BASE COMM 130,539 130,539
INFRASTRUCTURE.
MODIFICATIONS
049 COMM ELECT MODS...... 70,798 70,798
PERSONAL SAFETY &
RESCUE EQUIP
051 ITEMS LESS THAN $5 52,964 116,864
MILLION.
UFR: Battlefield [59,400]
Airman Combat
Equipment.
UFR: Procure [500]
Parachute Phantom
Oxygen System.
Unfunded [4,000]
requirements.
DEPOT PLANT+MTRLS
HANDLING EQ
052 MECHANIZED MATERIAL 10,381 10,381
HANDLING EQUIP.
BASE SUPPORT
EQUIPMENT
053 BASE PROCURED 15,038 20,038
EQUIPMENT.
Program increase-- [5,000]
Civil Engineers
Construction,
Surveying, and
Mapping Equipment.
054 ENGINEERING AND EOD 26,287 58,837
EQUIPMENT.
Unfunded [32,550]
requirement.
055 MOBILITY EQUIPMENT... 8,470 45,150
UFR: Basic [36,680]
Expeditionary
Airfield
Resources spare
requirements in
support of the
Set the Theater,
PACOM.
056 ITEMS LESS THAN $5 28,768 28,768
MILLION.
SPECIAL SUPPORT
PROJECTS
058 DARP RC135........... 25,985 25,985
059 DCGS-AF.............. 178,423 178,423
061 SPECIAL UPDATE 881,980 881,980
PROGRAM.
CLASSIFIED PROGRAMS
062A CLASSIFIED PROGRAMS.. 16,848,568 16,848,568
SPARES AND REPAIR
PARTS
064 SPARES AND REPAIR 26,675 26,675
PARTS.
TOTAL OTHER 19,891,552 20,271,882
PROCUREMENT, AIR
FORCE.
PROCUREMENT, DEFENSE-
WIDE
MAJOR EQUIPMENT, OSD
042 MAJOR EQUIPMENT, OSD. 36,999 36,999
MAJOR EQUIPMENT, NSA
041 INFORMATION SYSTEMS 5,938 5,938
SECURITY PROGRAM
(ISSP).
MAJOR EQUIPMENT, WHS
045 MAJOR EQUIPMENT, WHS. 10,529 10,529
MAJOR EQUIPMENT, DISA
007 INFORMATION SYSTEMS 24,805 24,805
SECURITY.
008 TELEPORT PROGRAM..... 46,638 46,638
009 ITEMS LESS THAN $5 15,541 15,541
MILLION.
010 NET CENTRIC 1,161 1,161
ENTERPRISE SERVICES
(NCES).
011 DEFENSE INFORMATION 126,345 126,345
SYSTEM NETWORK.
012 CYBER SECURITY 1,817 1,817
INITIATIVE.
013 WHITE HOUSE 45,243 45,243
COMMUNICATION AGENCY.
014 SENIOR LEADERSHIP 294,139 294,139
ENTERPRISE.
016 JOINT REGIONAL 188,483 188,483
SECURITY STACKS
(JRSS).
017 JOINT SERVICE 100,783 100,783
PROVIDER.
MAJOR EQUIPMENT, DLA
019 MAJOR EQUIPMENT...... 2,951 2,951
MAJOR EQUIPMENT, DSS
023 MAJOR EQUIPMENT...... 1,073 1,073
MAJOR EQUIPMENT, DCAA
001 ITEMS LESS THAN $5 1,475 1,475
MILLION.
MAJOR EQUIPMENT, TJS
043 MAJOR EQUIPMENT, TJS. 9,341 9,341
044 MAJOR EQUIPMENT, TJS-- 903 903
CE2T2.
MAJOR EQUIPMENT,
MISSILE DEFENSE
AGENCY
027 THAAD................ 960,732 960,732
027A GROUND BASED 180,000 180,000
MIDCOURSE.
027B ADVANCE 88,000 88,000
PROCUREMENT (CY).
028 AEGIS BMD............ 876,018 876,018
029 ADVANCE 38,738 38,738
PROCUREMENT (CY).
030 BMDS AN/TPY-2 RADARS. 11,947 11,947
031 ARROW UPPER TIER..... 120,000
Program increase [120,000]
for co-production.
032 DAVID'S SLING........ 120,000
Program increase [120,000]
for co-production.
033 AEGIS ASHORE PHASE 59,739 59,739
III.
034 IRON DOME............ 42,000 92,000
Increase for Co- [50,000]
production of
Iron Dome Tamir
interceptors.
035 AEGIS BMD HARDWARE 160,330 160,330
AND SOFTWARE.
MAJOR EQUIPMENT, DHRA
003 PERSONNEL 14,588 14,588
ADMINISTRATION.
MAJOR EQUIPMENT,
DEFENSE THREAT
REDUCTION AGENCY
025 VEHICLES............. 204 204
026 OTHER MAJOR EQUIPMENT 12,363 12,363
MAJOR EQUIPMENT,
DODEA
021 AUTOMATION/ 1,910 1,910
EDUCATIONAL SUPPORT
& LOGISTICS.
MAJOR EQUIPMENT, DCMA
002 MAJOR EQUIPMENT...... 4,347 4,347
MAJOR EQUIPMENT,
DMACT
020 MAJOR EQUIPMENT...... 13,464 13,464
CLASSIFIED PROGRAMS
045A CLASSIFIED PROGRAMS.. 657,759 657,759
AVIATION PROGRAMS
049 ROTARY WING UPGRADES 158,988 145,488
AND SUSTAINMENT.
SOCOM requested [-13,500]
transfer.
050 UNMANNED ISR......... 13,295 13,295
051 NON-STANDARD AVIATION 4,892 4,892
052 U-28................. 5,769 5,769
053 MH-47 CHINOOK........ 87,345 87,345
055 CV-22 MODIFICATION... 42,178 42,178
057 MQ-9 UNMANNED AERIAL 21,660 21,660
VEHICLE.
059 PRECISION STRIKE 229,728 229,728
PACKAGE.
060 AC/MC-130J........... 179,934 179,934
061 C-130 MODIFICATIONS.. 28,059 28,059
SHIPBUILDING
062 UNDERWATER SYSTEMS... 92,606 79,806
SOCOM requested [-12,800]
transfer.
AMMUNITION PROGRAMS
063 ORDNANCE ITEMS