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II Calendar No. 442 115TH CONGRESS 2D SESSION H. R. 5515 IN THE SENATE OF THE UNITED STATES JUNE 4, 2018 Received JUNE 5, 2018 Read twice and placed on the calendar AN ACT To authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Depart- ment of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 2 HR 5515 PCS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘National Defense Au- 2 thorization Act for Fiscal Year 2019’’. 3 SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF 4 CONTENTS. 5 (a) DIVISIONS.—This Act is organized into seven di- 6 visions as follows: 7 (1) Division A—Department of Defense Au- 8 thorizations. 9 (2) Division B—Military Construction Author- 10 izations. 11 (3) Division C—Department of Energy Na- 12 tional Security Authorizations and Other Authoriza- 13 tions. 14 (4) Division D—Coast Guard Authorization Act 15 of 2017. 16 (5) Division E—National Strategic and Critical 17 Minerals Production. 18 (6) Division F—Fees for Medical Services Pro- 19 vided by National Park Service Personnel. 20 (7) Division G—Funding Tables. 21 (b) TABLE OF CONTENTS.—The table of contents for 22 this Act is as follows: 23 Sec. 1. Short title. Sec. 2. Organization of Act into divisions; table of contents. Sec. 3. Congressional defense committees. DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 3 HR 5515 PCS TITLE I—PROCUREMENT Subtitle A—Authorization Of Appropriations Sec. 101. Authorization of appropriations. Subtitle B—Army Programs Sec. 111. National Guard and reserve component equipment report. Sec. 112. Limitation on availability of funds for M27 Infantry Automatic Rifle program. Subtitle C—Navy Programs Sec. 121. Increase in number of operational aircraft carriers of the Navy. Sec. 122. Procurement authority for Ford class aircraft carrier program. Sec. 123. Full ship shock trial for Ford class aircraft carrier. Sec. 124. Multiyear procurement authority for amphibious vessels. Sec. 125. Multiyear procurement authority for standard missile–6. Sec. 126. Multiyear procurement authority for E–2D aircraft. Sec. 127. Multiyear procurement authority for F/A–18E/F aircraft and EA– 18G aircraft. Sec. 128. Modifications to F/A–18 aircraft to mitigate physiological episodes. Sec. 129. Frigate class ship program. Sec. 130. Limitation on procurement of economic order quantities for Virginia class submarine program. Sec. 131. Limitation on use of funds for DDG–51 destroyers. Subtitle D—Air Force Programs Sec. 141. Inventory requirement for air refueling tanker aircraft; limitation on retirement of KC–10A aircraft. Sec. 142. Limitation on use of funds for KC-46A aircraft pending submittal of certification. Sec. 143. Retirement date for VC–25A aircraft. Sec. 144. Contract for logistics support for VC–25B aircraft. Sec. 145. Multiyear procurement authority for C–130J aircraft. Sec. 146. Removal of waiting period for limitation on availability of funds for EC–130H Compass Call recapitalization program. Sec. 147. Findings and sense of Congress regarding KC–46 aerial refueling tankers. Sec. 148. Sense of Congress on conversion of F–22 aircraft. Subtitle E—Defense-wide, Joint, and Multiservice Matters Sec. 151. Buy-to-budget acquisition of F–35 aircraft. Sec. 152. Certification on inclusion of technology to minimize physiological epi- sodes in certain aircraft. Sec. 153. Armored commercial passenger-carrying vehicles. TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION Subtitle A—Authorization Of Appropriations Sec. 201. Authorization of appropriations. Subtitle B—Program Requirements, Restrictions, and Limitations Sec. 211. Modification of authority to carry out certain prototype projects. VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 4 HR 5515 PCS Sec. 212. Extension of directed energy prototype authority. Sec. 213. Prohibition on availability of funds for the Weather Common Compo- nent program. Sec. 214. Limitation pending certification on the Joint Surveillance Target At- tack Radar System recapitalization program. Sec. 215. Limitation on availability of funds for F–35 continuous capability de- velopment and delivery. Sec. 216. Limitation on availability of funds pending report on Agile Software Development and Software Operations. Sec. 217. Limitation on availability of funds for certain high energy laser ad- vanced technology. Sec. 218. Plan for elimination or transfer of the Strategic Capabilities Office of the Department of Defense. Sec. 219. National Security Science And Technology Strategy. Sec. 220. Modification of CVN–73 to support fielding of MQ–25 unmanned aerial vehicle. Sec. 220A. Establishment of innovators database in the Department of De- fense. Sec. 220B. Strategic plan for Department of Defense test and evaluation re- sources. Sec. 220C. Collaboration between Defense laboratories, industry, and academia; open campus program. Sec. 220D. Entrepreneurial education program for personnel of Department of Defense laboratories. Sec. 220E. Process for coordination of studies and analysis research of the De- partment of Defense. Sec. 220F. Jet noise reduction program of the Navy. Sec. 220G. Permanent extension and codification of authority to conduct tech- nology protection features activities during research and devel- opment of defense systems. Sec. 220H. STEM jobs action plan. Subtitle C—Reports and Other Matters Sec. 221. Report on survivability of air defense artillery. Sec. 222. Report on T–45 aircraft physiological episode mitigation actions. Sec. 223. Report on efforts of the Air Force to mitigate physiological episodes affecting aircraft crewmembers. Sec. 224. Briefing on use of quantum sciences for military applications and other purposes. Sec. 225. Report on Defense Innovation Unit Experimental. Sec. 226. Increase in funding for divertor test tokamak research and develop- ment. Sec. 227. Briefing on innovative mobile security technology capabilities. Sec. 228. Modification of funding criteria under Historically Black Colleges and Universities and minority institutions program. Sec. 229. Report on OA–X light attack aircraft applicability to partner nation support. Sec. 230. Funding for development of canine plasma for hemorrhagic control. Sec. 231. Sense of Congress on partnerships for next generation hypersonics capabilities. TITLE III—OPERATION AND MAINTENANCE Subtitle A—Authorization of Appropriations VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6211 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 5 HR 5515 PCS Sec. 301. Authorization of appropriations. Subtitle B—Energy and Environment Sec. 311. Inclusion of consideration of energy and climate resiliency efforts in master plans for major military installations. Sec. 312. Use of proceeds from sales of electrical energy derived from geo- thermal resources for projects at military installations where resources are located. Sec. 313. Extension of authorized periods of permitted incidental takings of marine mammals in the course of specified activities by De- partment of Defense. Sec. 314. State management and conservation of species. Sec. 315. Department of Defense environmental restoration programs. Sec. 316. Production and use of natural gas at Fort Knox. Sec. 317. Explosive Ordnance Disposal Defense Program. Sec. 318. Joint study on the impact of wind farms on weather radars and mili- tary operations. Sec. 319. Core sampling at Joint Base San Antonio, Texas. Subtitle C—Logistics and Sustainment Sec. 321. Examination of naval vessels. Sec. 322. Overhaul and repair of naval vessels in foreign shipyards. Sec. 323. Limitation on length of overseas forward deployment of naval vessels. Sec. 324. Temporary modification of workload carryover formula. Sec. 325. Limitation on use of funds for implementation of elements of master plan for redevelopment of Former Ship Repair Facility in Guam. Sec. 326. Business case analysis for proposed relocation of J85 Engine Re- gional Repair Center. Sec. 327. Army advanced and additive manufacturing center of excellence. Sec. 328. Report on pilot program for micro-reactors. Sec. 329. Report on effects of increased automation of defense industrial base on manufacturing workforce. Subtitle D—Reports Sec. 331. Matters for inclusion in quarterly reports on personnel and unit read- iness. Sec. 332. Annual Comptroller General reviews of readiness of Armed Forces to conduct full spectrum operations. Sec. 333. Surface warfare training improvement. Sec. 334. Report on optimizing surface Navy vessel inspections and crew certifi- cations. Sec. 335. Report on depot-level maintenance and repair. Sec. 336. Report on personal protective equipment requirements for civil re- sponse teams to volcanic activity. Sec. 337. Report on wildfire suppression capabilities of active and reserve com- ponents. Sec. 338. Report on relocation of steam turbine production from Nimitz-class and Ford-class aircraft carriers, and Virginia-class and Colum- bia-class submarines. Subtitle E—Other Matters Sec. 341. Coast Guard representation on explosive safety board. VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6211 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 6 HR 5515 PCS Sec. 342. Shiloh National Military Park boundary adjustment and Parker’s Crossroads Battlefield designation. Sec. 343. Sense of Congress regarding critical minerals. Sec. 344. Study on phasing out open burn pits. Sec. 345. Notification requirements relating to changes to military uniform components. Sec. 346. Assessment, monitoring, and evaluation of security cooperation. Sec. 347. Joint Task Force for Explosive Ordnance Disposal and Countering Improvised Explosive Devices in United States Northern Com- mand. TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS Subtitle A—Active Forces Sec. 401. End strengths for active forces. Sec. 402. Revisions in permanent active duty end strength minimum levels. Subtitle B—Reserve Forces Sec. 411. End strengths for Selected Reserve. Sec. 412. End strengths for reserves on active duty in support of the reserves. Sec. 413. End strengths for military technicians (dual status). Sec. 414. Maximum number of reserve personnel authorized to be on active duty for operational support. Subtitle C—Authorization of Appropriations Sec. 421. Military personnel. TITLE V—MILITARY PERSONNEL POLICY Subtitle A—Regular Component Management Sec. 501. Expansion of authority to award constructive service credit for ad- vanced education, experience, or training, upon original ap- pointment as a commissioned officer. Sec. 502. Surface warfare officers career paths. Sec. 503. Authority of selection boards to recommend officers of particular merit be placed at the top of the promotion list. Sec. 504. Deferred deployment for members who give birth. Sec. 505. Codification of lowered grade for retired officers or persons who com- mitted misconduct in a lower grade. Sec. 506. Retention of military technicians who lose dual status under certain circumstances. Sec. 507. Demonstration program on accession of candidates with auditory im- pairments as Air Force officers. Sec. 508. Report on rate of maternal mortality among members of the Armed Forces. Sec. 509. Grades of Chiefs of Chaplains. Subtitle B—Reserve Component Management Sec. 511. Placement of National Guard military technicians (dual status) in the competitive service. Sec. 512. Authorized strength and distribution in grade. Sec. 513. National Guard Promotion Accountability. VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6211 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 7 HR 5515 PCS Sec. 514. Extension of authority for pilot program on use of retired senior en- listed members of the Army National Guard as Army National Guard recruiters. Sec. 515. National Guard Youth Challenge Program. Sec. 516. National Guard Youth Challenge Program. Sec. 517. Use of National Guard in case of a major disaster or request from a State governor. Sec. 518. Funding of National Guard in case of a major disaster or emergency declared under the Stafford Act. Sec. 519. Pilot program for EOD-qualified members of the Army National Guard to support civil authorities. Subtitle C—General Service Authorities and Correction of Military Records Sec. 521. Enlistments vital to the national interest. Sec. 522. Statement of benefits. Sec. 523. Modification to forms of support that may be accepted in support of the mission of the Defense POW/MIA Accounting Agency. Sec. 524. Correction of military records website. Sec. 525. Modification of DD Form 214 to include email addresses. Sec. 526. Public availability of reports related to senior leader misconduct. Sec. 527. Appointment and training of personnel to staff the board of correc- tions for military and naval records. Sec. 528. Entrepreneurial sabbatical for scientists employed at defense labora- tories. Sec. 529. Completion of Department of Defense Directive 2310.07E regarding missing persons. Sec. 530. Attending Physician to the Congress. Subtitle D—Military Justice Sec. 531. Minimum confinement period required for conviction of certain sex- related offenses committed by members of the Armed Forces. Sec. 532. Punitive article in the Uniform Code of Military Justice on domestic violence. Sec. 533. Defense Advisory Committee on Investigation, Prosecution, and De- fense of Sexual Assault in the Armed Forces. Sec. 534. Modification of Military Rules of Evidence to exclude admissibility of general military character toward probability of innocence in any offense not strictly related to performance of military du- ties. Sec. 535. Improved crime reporting. Sec. 536. Oversight of registered sex offender management program. Subtitle E—Other Legal Matters Sec. 541. Security clearance reinvestigation of certain personnel who commit certain offenses. Sec. 542. Consideration of application for transfer for a student of a military service academy who is the victim of a sexual assault or related offense. Sec. 543. Standardization of policies related to expedited transfer in cases of sexual assault. Sec. 544. Development of oversight plan for implementation of Department of Defense harassment prevention and response policy. VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6211 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 8 HR 5515 PCS Sec. 545. Development of resource guides regarding sexual assault for the mili- tary service academies. Sec. 546. Report on victims in MCIO reports. Sec. 547. Definition of military sexual trauma. Subtitle F—Member Education, Training, Resilience, and Transition Sec. 551. Permanent career intermission program. Sec. 552. Improvements to Transition Assistance Program. Sec. 553. Employment and compensation of civilian faculty members at the Joint Special Operations University. Sec. 554. Program to assist members of the Armed Forces in obtaining profes- sional credentials. Sec. 555. Extension of pilot program to assist members in obtaining post-serv- ice employment. Sec. 556. Direct employment pilot program for members of the reserve compo- nents and veterans. Sec. 557. Extended duration of availability of Military OneSource Program services for members of the Armed Forces upon their separa- tion or retirement. Sec. 558. Comptroller General briefing and report on permanent employment assistance centers. Sec. 559. Activities to increase awareness of apprenticeship programs. Sec. 560. Atomic veterans service medal. Sec. 560A. Report on availability of college credit for skills acquired during military service. Sec. 560B. Information regarding county veterans service officers. Sec. 560C. Enhancement of authorities in connection with Junior Reserve Offi- cers’ Training Corps programs. Sec. 560D. Transition outreach pilot program. Subtitle G—Defense Dependents’ Education and Military Family Readiness Matters Sec. 561. Enhancement and clarification of family support services for family members of members of special operations forces. Sec. 562. Additional matters for assessment and report on childcare services of the Department of Defense. Sec. 563. Continued assistance to schools with significant numbers of military dependent students. Sec. 564. Department of Defense Education Activity misconduct database. Sec. 565. Report on assessment of frequency of permanent changes of station of members of the Armed Forces on employment among mili- tary spouses. Sec. 566. Flexible maternity and parental leave. Sec. 567. Report on wage determination for certain programs. Sec. 568. Education for dependents of certain retired members of the Armed Forces. Sec. 569. Temporary expansion of authority for noncompetitive appointments of military spouses by Federal agencies. Sec. 570. Assessment and report on active shooter threat mitigation at schools located on military installations. Subtitle H—Decorations and Awards VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6211 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 9 HR 5515 PCS Sec. 571. Limitations on authority to revoke certain military decorations awarded to members of the Armed Forces. Sec. 572. Authorization for award of Expeditionary Medal to certain Marines for actions on June 8, 1995. Sec. 573. Award of medals or other commendations to handlers of military working dogs and military working dogs. Sec. 574. Authorization for award of distinguished-service cross to Justin T. Gallegos for acts of valor during Operation Enduring Freedom. Sec. 575. Report on awards for cost-saving ideas. Sec. 576. Eligibility of veterans of Operation End Sweep for Vietnam Service Medal. Subtitle I—Miscellaneous Reports and Other Matters Sec. 581. Public availability of top-line numbers of deployed members of the Armed Forces. Sec. 582. Criteria for interment at Arlington National Cemetery. Sec. 583. Report on general and flag officer costs. Sec. 584. Report on outside employment of senior personnel. Sec. 585. Limitation on use of funds pending submittal of report on Army Mar- keting and Advertising Program. Sec. 586. Inclusion of blast exposure history in service records. Sec. 587. Cybersecurity educational programs and awareness in Junior Reserve Officer Training Corps. Sec. 588. Publication of guidance and information on housing markets near certain military installations. Sec. 589. Assistance of States for deployment-related support of members of the Armed Forces undergoing deployment and their families beyond the Yellow Ribbon Reintegration Program. Sec. 590. Exemption from repayment of voluntary separation pay. Sec. 591. Service of wounded warriors as remotely piloted aircraft pilots or re- motely piloted aircraft sensor operators in the Air Force. Sec. 592. Transportation of remains of casualties; travel expenses for next of kin. Sec. 593. Garnishment to satisfy judgment rendered for physically, sexually, or emotionally abusing a child. Sec. 594. Use of mobile applications for training manuals. Sec. 595. Addressing attrition levels of women in the military. Sec. 596. Proof of period of military service for purposes of interest rate limita- tion under the Servicemembers Civil Relief Act. Sec. 597. Report regarding possible improvements to processing retirements and medical discharges. Sec. 598. Chaplaincies of the Armed Forces. TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS Subtitle A—Pay and Allowances Sec. 601. Prompt review of request for imminent danger pay. Sec. 602. Application of basic allowance for housing to members of the uni- formed services in the Virgin Islands. Sec. 603. Mandatory increase in insurance coverage under Servicemembers’ Group Life Insurance for members deployed to combat theaters of operation. Sec. 604. Military Housing Privatization Initiative. Sec. 605. Per diem allowance policies. VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6211 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 10 HR 5515 PCS Sec. 606. Report on imminent danger pay and hostile fire pay. Sec. 607. Sense of Congress regarding the widows’ tax. Sec. 608. Reevaluation of BAH for the military housing area including Staten Island. Sec. 609. Compensation and credit for retired pay purposes for maternity leave taken by members of the reserve components. Subtitle B—Bonuses and Special Incentive Pays Sec. 611. One-year extension of certain expiring bonus and special pay authori- ties. Subtitle C—Other Matters Sec. 621. Expansions of installation benefits to surviving spouses, dependent children, and other next of kin. Sec. 622. Transportation on military aircraft on a space-available basis for dis- abled veterans with a service-connected, permanent disability rated as total. Sec. 623. Extension of parking expenses allowance to civilian employees at re- cruiting facilities. Sec. 624. Advisory boards regarding military commissaries and exchanges. Sec. 625. Study and report on development of a single defense resale system. Sec. 626. Designation of new beneficiary under the Survivor Benefit Plan. Sec. 627. Report regarding management of military commissaries and ex- changes. Sec. 628. Access for veterans to certain fitness centers. Sec. 629. Extension of certain morale, welfare, and recreation privileges to cer- tain veterans and their caregivers. TITLE VII—HEALTH CARE PROVISIONS Subtitle A—TRICARE and Other Health Care Benefits Sec. 701. TRICARE Medicare Advantage demonstration program. Sec. 702. Pilot program on treatment of members of the Armed Forces for post-traumatic stress disorder related to military sexual trau- ma. Sec. 703. Pilot program on cryopreservation and storage. Sec. 704. Mental health assessments for members of the Armed Forces de- ployed in support of a contingency operation. Sec. 705. Counseling and treatment for substance use disorders and chronic pain management services for members who separate from the Armed Forces. Subtitle B—Health Care Administration Sec. 711. Transition of administration by Defense Health Agency of military medical treatment facilities. Sec. 712. Sharing information with State prescription drug monitoring pro- grams. Sec. 713. Improvement to notification to Congress of hospitalization of combat- wounded members of the Armed Forces. Sec. 714. Improvements to trauma center partnerships. Sec. 715. Wounded warrior policy review. Sec. 716. Joint force medical capabilities development and standardization. Sec. 717. Burn patient transfer system. VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6211 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 11 HR 5515 PCS Sec. 718. Report on MHS Genesis electronic health record system. Subtitle C—Reports and Other Matters Sec. 721. Establishment of TriService Dental Research Program. Sec. 722. Increasing the number of appointed directors of the Henry M. Jack- son Foundation for the Advancement of Military Medicine. Sec. 723. Extension of authority for joint Department of Defense- Department of Veterans Affairs medical facility demonstration fund. Sec. 724. Inclusion of gambling disorder in health assessments and related re- search efforts of the Department of Defense. Sec. 725. Medical simulation technology and live tissue training within the De- partment of Defense. Sec. 726. Limitation on changes to Federal Emergency Services certification levels of the Air Force. Sec. 727. Strategic medical research plan. Sec. 728. Independent evaluation of mental health care. Sec. 729. Study on reimbursement rates for mental health care providers under TRICARE Prime and TRICARE Select in the East and West regions of the TRICARE program. Sec. 730. Study on the treatment of TRICARE beneficiaries who are residents of Puerto Rico. Sec. 731. Study on health effects relating to activity of the Armed Forces on Vieques. Sec. 732. Strategy to recruit and retain mental health providers. Sec. 733. Study on earning by special operations forces medics of credits to- wards a physician assistant degree. Sec. 734. Study of drug shortages and impact on members of the Armed Forces. Sec. 735. Provision of information to Department of Veterans Affairs regarding MHS Genesis electronic health record system. Sec. 736. Report regarding opioid prevention and treatment for dependents of members of the Armed Forces. Sec. 737. Monitoring Medication Prescribing Practices for the Treatment of Post-Traumatic Stress Disorder. Sec. 738. Pilot program on mindfulness-based stress reduction in pre-deploy- ment training. Sec. 739. Study on requirement for certain former members of the Armed Forces to enroll in Medicare Part B to be eligible for TRICARE for Life. TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS Subtitle A—Streamlining of Defense Acquisition Statutes and Regulations Sec. 800. Effective dates; coordination of amendments. PART I—CONSOLIDATION OF DEFENSE ACQUISITION STATUTES IN NEW PART V OF SUBTITLE A OF TITLE 10, UNITED STATES CODE Sec. 801. Framework for new part V of subtitle A. PART II—REDESIGNATION OF SECTIONS AND CHAPTERS OF SUBTITLES B, C, AND D TO PROVIDE ROOM FOR NEW PART V OF SUBTITLE A VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6211 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 12 HR 5515 PCS Sec. 806. Redesignation of sections and chapters of subtitle D of title 10, United States Code—Air Force. Sec. 807. Redesignation of sections and chapters of subtitle C of title 10, United States Code—Navy and Marine Corps. Sec. 808. Redesignation of sections and chapters of subtitle B of title 10, United States Code—Army. Sec. 809. Cross references to redesignated sections and chapters. PART III—REPEALS OF CERTAIN PROVISIONS OF DEFENSE ACQUISITION LAW Sec. 811. Amendment to and repeal of statutory requirements for certain posi- tions or offices in the Department of Defense. Sec. 812. Repeal of certain defense acquisition laws. Sec. 813. Repeal of certain Department of Defense reporting requirements. Subtitle B—Amendments to General Contracting Authorities, Procedures, and Limitations Sec. 821. Contract goal for the AbilityOne program. Sec. 822. Increased micro-purchase threshold applicable to Department of De- fense procurements. Sec. 823. Preference for offerors employing veterans. Sec. 824. Revision of requirement to submit information on services contracts to Congress. Sec. 825. Data collection and inventory for services contracts. Sec. 826. Competition requirements for purchases from Federal Prison Indus- tries. Sec. 827. Requirement for a fair and reasonable price for technical data before development or production of major weapon systems. Sec. 828. Revisions in authority relating to program cost targets and fielding targets for major defense acquisition programs. Sec. 829. Revision of timeline for use of the rapid fielding pathway for acquisi- tion programs. Sec. 830. Clarification of services contracting definitions. Subtitle C—Provisions Relating to Commercial Items Sec. 831. Revision of definition of commercial item for purposes of Federal ac- quisition statutes. Sec. 832. Definition of subcontract. Sec. 833. Limitation on applicability to Department of Defense commercial con- tracts of certain provisions of law and certain executive orders and regulations. Sec. 834. Modifications to procurement through commercial e-commerce por- tals. Sec. 835. Review of Federal acquisition regulations on commercial products, commercial services, and commercially available off-the-shelf items. Subtitle D—Industrial Base Matters Sec. 841. Requirement that certain ship components be manufactured in the national technology and industrial base. Sec. 842. Report on domestic sourcing of specific components for all Naval ves- sels. VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6211 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 13 HR 5515 PCS Sec. 843. Removal of national interest determination requirements for certain entities. Sec. 844. Pilot program to test machine-vision technologies to determine the authenticity and security of microelectronic parts in weapon systems. Sec. 845. Security of Department of Defense telecommunication services. Sec. 846. Sense of Congress on unmanned ground vehicle technology. Subtitle E—Small Business Matters Sec. 851. Department of Defense small business strategy. Sec. 852. Prompt payments of small business contractors. Sec. 853. Increased participation in the Small Business Administration microloan program. Sec. 854. Amendments to Small Business Innovation Research Program and Small Business Technology Transfer Program. Sec. 855. Construction contract administration. Sec. 856. Broadband and emerging information technology coordinator. Sec. 857. Amendments to the Small Business Investment Act of 1958. Sec. 858. Consolidated budget justification for the Department of Defense Small Business Innovation Research Program and Small Busi- ness Technology Transfer Program. Sec. 859. Funding for procurement technical assistance program. Sec. 860. Exemption of certain contracts from the periodic inflation adjust- ments to the acquisition-related dollar threshold. Sec. 861. SCORE. Sec. 862. Procurement Technical Assistance Centers. Sec. 863. Commercialization Assistance Pilot Program. Sec. 864. Puerto Rico businesses. Sec. 865. United States Virgin Islands Small Business Contracting Assistance. Sec. 866. Opportunities for employee-owned business concerns through Small Business Administration loan programs. Sec. 867. Veteran Entrepreneurship Training. Sec. 868. Improvement of small business development centers program. Subtitle F—Other Matters Sec. 871. Additional requirements for negotiations for noncommercial computer software. Sec. 872. Removal of requirement for risk and sensitivity analysis of baseline estimates in Selected Acquisition Reports. Sec. 873. Prohibition on acquisition of sensitive materials from non-allied for- eign nations. Sec. 874. Transfer or possession of defense items for national defense purposes. Sec. 875. Expedited hiring authority for shortage category positions in the ac- quisition workforce. Sec. 876. Extension of prohibition on providing funds to the enemy. Sec. 877. Repeal of certain determinations required for grants of exceptions to cost or pricing data certification requirements and waivers of cost accounting standards. Sec. 878. Reporting on projects performed through transactions other than con- tracts, cooperative agreements, and grants. Sec. 879. Standardization of formatting and public accessibility of Department of Defense reports to Congress. Sec. 880. Defending United States Government communications. VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6211 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 14 HR 5515 PCS Sec. 881. Promotion of the use of Government-wide and other interagency con- tracts. Sec. 882. Increasing competition at the task order level. Sec. 883. Individual acquisition for commercial leasing services. Sec. 884. Procurement administrative lead time definition and plan. Sec. 885. Report on funding of product support strategies. Sec. 886. Use of lowest price technically acceptable source selection process. Sec. 887. Sense of Congress regarding steel produced in the United States. TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT Subtitle A—Organization and Management of the Department of Defense Generally Sec. 901. Authority of Secretary of Defense to determine command and control relationships. Sec. 902. Civilian personnel management. Sec. 903. Performance of civilian functions by military personnel. Sec. 904. Roles of Under Secretary of Defense for Policy and Under Secretary of Defense for Intelligence. Sec. 905. Designation of Navy commanders. Subtitle B—Comprehensive Pentagon Bureaucracy Reform and Reduction Sec. 911. Authorities and responsibilities of the Chief Management Officer of the Department of Defense. Sec. 912. Authorities and responsibilities of the Inspector General of the De- partment of Defense. Sec. 913. Transition of certain Defense Agencies and Department of Defense Field Activities. Sec. 914. Actions to increase the efficiency and transparency of the Defense Logistics Agency. Sec. 915. Review of functions of Defense Contract Audit Agency and Defense Contract Management Agency. Sec. 916. Streamlining of Defense Finance and Accounting Services. Sec. 917. Reduction in number of Chief Information Officers in the Senior Ex- ecutive Service. Sec. 918. General provisions. Subtitle C—Other Matters Sec. 921. Artificial Intelligence and Machine Learning Policy and Oversight Council. Sec. 922. Limitation on transfer of the Chemical, Biological, and Radiological Defense Division of the Navy. Sec. 923. Review of foreign currency exchange rates and analysis of Foreign Currency Fluctuations Appropriation. Subtitle D—Designation of the Navy and Marine Corps Sec. 931. Redesignation of the Department of the Navy as the Department of the Navy and Marine Corps. Sec. 932. Conforming amendments to title 10, United States Code. Sec. 933. Other provisions of law and other references. Sec. 934. Effective date. VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6211 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 15 HR 5515 PCS TITLE X—GENERAL PROVISIONS Subtitle A—Financial Matters Sec. 1001. General transfer authority. Sec. 1002. Expertise in audit remediation. Sec. 1003. Authority to transfer funds to Director of National Intelligence for CAPNET. Sec. 1004. Independent public accountant audit of financial systems of the De- partment of Defense. Sec. 1005. Report on auditable financial statements. Subtitle B—Counterdrug Activities Sec. 1011. Department of Defense support for combating opioid trafficking and abuse. Subtitle C—Naval Vessels and Shipyards Sec. 1021. Inclusion of operation and sustainment costs in annual naval vessel construction plans. Sec. 1022. Purchase of vessels using funds in National Defense Sealift Fund. Sec. 1023. Purchase of vessels built in foreign shipyards with funds in National Defense Sealift Fund. Sec. 1024. Technical corrections and clarifications to chapter 633 of title 10, United States Code, and other provisions of law regarding naval vessels. Sec. 1025. Retention of Navy hospital ship capability. Subtitle D—Counterterrorism Sec. 1031. Definition of sensitive military operation. Sec. 1032. Prohibition on use of funds for transfer or release of individuals de- tained at United States Naval Station, Guantanamo Bay, Cuba, to the United States. Sec. 1033. Prohibition on use of funds to construct or modify facilities in the United States to house detainees transferred from United States Naval Station, Guantanamo Bay, Cuba. Sec. 1034. Prohibition on use of funds for transfer or release of individuals de- tained at United States Naval Station, Guantanamo Bay, Cuba, to certain countries. Subtitle E—Miscellaneous Authorities and Limitations Sec. 1041. Notification on the provision of defense sensitive support. Sec. 1042. Coordinating United States response to malign foreign influence op- erations and campaigns. Sec. 1043. Workforce issues for military realignments in the Pacific. Sec. 1044. Mitigation of operational risks posed to certain military aircraft by automatic dependent surveillance-broadcast equipment. Sec. 1045. Limitation on availability of funds for unmanned surface vehicles. Sec. 1046. Program for Department of Defense controlled unclassified informa- tion in the hands of industry. Sec. 1047. Protection of emerging and foundational technologies. Sec. 1048. Airborne Hazards and Open Burn Pit Registry. Sec. 1049. Evaluation of pilot safety by Military Aviation and Installation As- surance Siting Clearinghouse. VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6211 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 16 HR 5515 PCS Sec. 1050. Sale of surplus Department of Defense equipment to eligible farm- ers. Sec. 1050A. National Security Commission on Artificial Intelligence. Sec. 1050B. Expansion of definition of covered facility or asset for purposes of protection from unmanned aircraft. Subtitle F—Studies and Reports Sec. 1051. Additional matter for inclusion in annual report on civilian casual- ties in connection with United States military operations. Sec. 1052. Department of Defense Review and Assessment on Advances, Op- portunities, and Risks Related to Artificial Intelligence and Machine Learning. Sec. 1053. Report on Joint Enterprise Defense Infrastructure. Sec. 1054. Report on proposed consolidation of Department of Defense global messaging and counter messaging capabilities. Sec. 1055. Comprehensive review of professionalism and ethics programs for special operations forces. Sec. 1056. Munitions assessments and future-years defense program require- ments. Sec. 1057. Report on establishment of Army Futures Command. Sec. 1058. Assessment of Department of Defense electromagnetic spectrum warfare enterprise. Sec. 1059. Report on support for non-contiguous States and territories in the event of threats and incidents. Sec. 1060. Report on low-boom flight demonstration. Sec. 1061. Report on cyber-enabled information operations. Sec. 1062. Briefing on unmanned aircraft in Arlington National Cemetery. Sec. 1063. Report on an updated arctic strategy. Sec. 1064. Report on desalinization technology. Sec. 1065. Report on implementation of recommendations in Defense Business Board study. Subtitle G—Other Matters Sec. 1071. Technical, conforming, and clerical amendments. Sec. 1072. Principal Advisor on Countering Weapons of Mass Destruction. Sec. 1073. Receipt of firearm or ammunition. Sec. 1074. Federal charter for Spirit of America. Sec. 1075. Transfer of aircraft to other departments. Sec. 1076. Reauthorization of National Aviation Heritage Area. Sec. 1077. Recognition of America’s veterans. Sec. 1078. National Commission on Military Aviation Safety. Sec. 1079. Target practice and marksmanship training support. Sec. 1080. Sense of congress on adversary air capabilities. Sec. 1081. Sense of Congress regarding organic attack aviator training capa- bility. Sec. 1082. Sense of Congress on the legacy, contributions, and sacrifices of American Indian and Alaska Natives in the Armed Forces. Sec. 1083. Amateur radio parity. Sec. 1084. Sense of Congress regarding the international borders of the United States. Sec. 1085. Program to commemorate 75th anniversary of World War II. Sec. 1086. Compliance with requirements relating to reciprocity of security clearance and access determinations. VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6211 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 17 HR 5515 PCS Sec. 1087. Assessment regarding eligibility for compensation for compensable diseases under the Radiation Exposure Compensation Act. Sec. 1088. Use of GI benefits for agriculture-related education programs. Sec. 1089. Arctic survival training. Sec. 1090. Privacy protections for electronic communications information that is stored by third-party service providers. Sec. 1091. Lessons learned and best practices on progress of gender integration implementation in the Armed Forces. Sec. 1092. Report on readiness of National Guard to respond to natural disas- ters. Sec. 1093. Report on use and availability of military installations for disaster response. Sec. 1094. Promoting Federal procurement with historically Black colleges and universities and minority institutions. Sec. 1095. Clarification of reimbursable allowed costs of FAA memoranda of agreement. Sec. 1096. Disclosure requirements for United States-based foreign media out- lets. Sec. 1097. Sense of Congress honoring the Dover Air Force Base, Delaware, home to the 436th Airlift Wing, the 512th Airlift Wing, and the Charles C. Carson Center for Mortuary Affairs. Sec. 1098. Report on capacity of Department of Defense to provide survivors of natural disasters with emergency short-term housing. Sec. 1099. Study on recruitment of students with experience in certain tech- nical fields. Sec. 1099A. Sense of Congress on the basing of KC–46A aircraft outside the continental United States. Sec. 1099B. Sense of Congress regarding explosive ordnance disposal. Sec. 1099C. Authorization of appropriations for research on women’s contribu- tions to security. Sec. 1099D. National strategy for countering violent extremism. Sec. 1099E. Inclusion of certain names on the Vietnam Veterans Memorial. TITLE XI—CIVILIAN PERSONNEL MATTERS Sec. 1101. Direct hire authority for the Department of Defense for certain competitive service positions. Sec. 1102. Modification of direct hire authority for the Department of Defense for post-secondary students and recent graduates. Sec. 1103. Extension of overtime rate authority for Department of the Navy employees performing work aboard or dockside in support of the nuclear-powered aircraft carrier forward deployed in Japan. Sec. 1104. One-year extension and expansion of authority to waive annual limi- tation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas. Sec. 1105. Appointment of retired members of the armed forces to positions in or under the Department of Defense. Sec. 1106. Extension of authority to conduct telework travel expenses test pro- grams. Sec. 1107. Personnel demonstration projects. Sec. 1108. Expanded flexibility in selecting candidates from referral lists. Sec. 1109. Temporary and term appointments in the competitive service. Sec. 1110. Expedited hiring authority for college graduates and post-secondary students. Sec. 1111. Presidential allowance modernization. VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6211 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 18 HR 5515 PCS Sec. 1112. Reporting requirement. TITLE XII—MATTERS RELATING TO FOREIGN NATIONS Subtitle A—Assistance and Training Sec. 1201. Report on the use of security cooperation authorities. Sec. 1202. Clarification of authority to waive certain expenses for activities of the Regional Centers for Security Studies. Sec. 1203. NATO Strategic Communications Center of Excellence. Sec. 1204. NATO Cooperative Cyber Defense Center of Excellence. Sec. 1205. Participation in and support of the Inter-American Defense Col- lege. Sec. 1206. Increase in cost limitation for small scale construction related to security cooperation. Sec. 1207. Report on security cooperation with Haiti. Sec. 1208. Review and report on processes and procedures used to carry out section 362 of title 10, United States Code. Sec. 1209. Report on allied contributions to the common defense. Sec. 1210. Enhanced military activities. Sec. 1210A. Report on security cooperation programs and activities of the De- partment of Defense in certain foreign countries. Sec. 1210B. Modifications to congressional notification requirements regarding support for operations and capacity building. Subtitle B—Matters Relating to Afghanistan and Pakistan Sec. 1211. Extension of authority to transfer defense articles and provide de- fense services to the military and security forces of Afghani- stan. Sec. 1212. Extension of authority for reimbursement of certain coalition na- tions for support provided to United States military operations. Sec. 1213. Extension and modification of Commanders’ Emergency Response Program. Sec. 1214. Report on assistance to Pakistan. Sec. 1215. Sense of Congress relating to Dr. Shakil Afridi. Subtitle C—Matters Relating to Syria, Iraq, and Iran Sec. 1221. Extension and modification of authority to provide assistance to counter the Islamic State of Iraq and Syria. Sec. 1222. Extension of authority to provide assistance to the vetted Syrian opposition. Sec. 1223. Extension and modification of authority to support operations and activities of the Office of Security Cooperation in Iraq. Sec. 1224. Sense of Congress on ballistic missile cooperation to counter Iran. Sec. 1225. Strategy to counter destabilizing activities of Iran. Sec. 1226. Report on compliance of Iran under the Chemical Weapons Conven- tion. Sec. 1227. Report on potential release of chemical weapons or chemical weap- ons precursors from Barzeh Research and Development Center and Him Shinshar chemical weapons storage and bunker facili- ties in Homs province of Syria. Sec. 1228. Report on cooperation between Iran and the Russian Federation. Sec. 1229. Report on Iranian support of proxy forces in Syria and Lebanon. Sec. 1230. Sense of Congress on the lack of authorization for the use of the Armed Forces against Iran. VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6211 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 19 HR 5515 PCS Sec. 1230A. Rule of construction. Sec. 1230B. Afghanistan security. Sec. 1230C. Sense of Congress on ballistic missile program of Iran. Sec. 1230D. Limitation on assistance to the Ministry of the Interior of the Government of Iraq. Sec. 1230E. Report on Iranian expenditures supporting foreign military and terrorist activities. Sec. 1230F. Imposition of sanctions. Sec. 1230G. Report on United States strikes against Syria. Sec. 1230H. Report on United States military strikes against Syria. Sec. 1230I. Report on evolving financing mechanisms leveraged by the Islamic State and affiliate entities. Subtitle D—Matters Relating to the Russian Federation Sec. 1231. Prohibition on availability of funds relating to sovereignty of the Russian Federation over Crimea. Sec. 1232. Limitation on availability of funds relating to implementation of the Open Skies Treaty. Sec. 1233. Comprehensive response to the Russian Federation’s material breach of the INF Treaty. Sec. 1234. Modification and extension of Ukraine Security Assistance Initia- tive. Sec. 1235. Statement of policy on United States military investment in Eu- rope. Sec. 1236. Imposition of sanctions with respect to certain persons providing sophisticated goods, services, or technologies for use in the pro- duction of major defense equipment or advanced conventional weapons. Sec. 1237. Extension of limitation on military cooperation between the United States and the Russian Federation. Sec. 1238. Sense of Congress regarding Russia’s violations of the Chemical Weapons Convention. Sec. 1239. United States actions regarding material breach of INF Treaty by the Russian Federation. Sec. 1240. Limitation on availability of funds to extend the implementation of the New Start Treaty. Sec. 1241. Report on Kremlin-linked corruption. Sec. 1242. Report on Russia’s support for the Taliban and other destabilizing activities in Afghanistan. Subtitle E—Matters Relating to the Indo-Pacific Region Sec. 1251. Support for Indo-Pacific stability initiative. Sec. 1252. United States strategy on China. Sec. 1253. Strengthening Taiwan’s force readiness. Sec. 1254. Modification, redesignation, and extension of Southeast Asia Mari- time Security Initiative. Sec. 1255. Missile defense exercises in the Indo-Pacific region with United States regional allies and partners. Sec. 1256. Quadrilateral cooperation and exercise. Sec. 1257. Name of United States Indo-Pacific Command. Sec. 1258. Requirement for critical languages and expertise in Chinese, Ko- rean, and Russian. Sec. 1259. Modification of report required under enhancing defense and secu- rity cooperation with India. VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6211 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 20 HR 5515 PCS Sec. 1260. Statement of policy on naval vessel transfers to Japan. Sec. 1261. Report and public notification on China’s military, maritime, and air activities in the Indo-Pacific region. Sec. 1262. Senior defense engagement with Taiwan. Sec. 1263. Limitation on use of funds to reduce the total number of members of the Armed Forces serving on active duty who are deployed to the Republic of Korea. Sec. 1264. Enhancing missile defense cooperation with partners. Sec. 1265. Reinstatement of reporting requirements with respect to United States-Hong Kong relations. Sec. 1266. Report on North Korea. Sec. 1267. Rule of construction regarding use of force against North Korea. Sec. 1268. Review of controlled items with respect to China. Sec. 1269. Humanitarian assistance and disaster relief exercises conducted by the Department of Defense in the Indo-Pacific region. Subtitle F—Other Matters Sec. 1271. Report on status of the United States relationship with the Repub- lic of Turkey. Sec. 1272. Sense of Congress on unity of Gulf Cooperation Council member countries. Sec. 1273. Report on United States Government police training and equipping programs for Mexico. Sec. 1274. Authority to increase engagement and military-to-military coopera- tion with Western Balkans countries. Sec. 1275. Technical corrections relating to defense security cooperation statu- tory reorganization. Sec. 1276. United States-Israel countering unmanned aerial systems coopera- tion. Sec. 1277. Three-year extension of authorization of non-conventional assisted recovery capabilities. Sec. 1278. Revision of statutory references to former NATO support organiza- tions and related NATO agreements. Sec. 1279. Sense of the Congress concerning military-to-military dialogues. Sec. 1280. Modifications to Global Engagement Center. Sec. 1281. Report on acquisition and cross-servicing agreements. Sec. 1282. Prohibition on provision of weapons and other forms of support to certain organizations. Sec. 1283. Certification and authority to terminate funding for academic re- search relating to foreign talent programs. Sec. 1284. Sense of Congress on support for Georgia. Sec. 1285. Sense of Congress on support for Estonia, Latvia, and Lithuania. Sec. 1286. Report on United States strategy in Yemen. Sec. 1287. Report on Hizballah. Sec. 1288. Rule of construction. Sec. 1289. Modification of freedom of navigation reporting requirements. Sec. 1290. Sense of Congress regarding the role of the United States in the North Atlantic Treaty Organization. Sec. 1291. Sense of Congress and reaffirming the commitment of the United States to the North Atlantic Treaty Organization (NATO). Sec. 1292. Sense of Congress relating to increases in defense capabilities of United States allies. Sec. 1293. Report on threats by the Muslim Brotherhood. VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6211 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 21 HR 5515 PCS Sec. 1294. Report by Defense Intelligence Agency on certain military capabili- ties of China and Russia. Sec. 1295. Report on efforts to combat Boko Haram in Nigeria and the Lake Chad Basin. Sec. 1296. Report on interference in Libya by military and security forces of other foreign nations. Sec. 1297. Sense of Congress regarding building an international coalition to counter hybrid threats. Sec. 1298. Modification to annual report on military and security developments involving the People’s Republic of China. Sec. 1299. United States security and humanitarian support strategy for Yemen. Sec. 1299A. Report on Bangladesh. Sec. 1299B. United States cybersecurity cooperation with Ukraine. Sec. 1299C. Briefing on China’s military installation in the Republic of Djibouti. Sec. 1299D. Sense of Congress with respect to the 3 Seas Initiative. Sec. 1299E. Report on violence and cartel activity in Mexico. Sec. 1299F. Report on Department of Defense missions, operations, and activi- ties in Niger and the broader region. Sec. 1299G. Briefing on Department of Defense Program to Protect United States Students Against Foreign Agents. Sec. 1299H. Report on Honduras, Guatemala, and El Salvador. Sec. 1299I. Report on countries and enemy groups against which the United States has taken military action. Sec. 1299J. Importance of exchanges between the Department of State and the Department of Defense. Sec. 1299K. Investigation to determine if coalition partners or United States military or intelligence personnel violated Federal law or De- partment of Defense policy while conducting operations in Yemen. Sec. 1299L. Inclusion of influence operations in annual military reports to Con- gress. Sec. 1299M. Limitation on availability of funds to implement the Arms Trade Treaty. Sec. 1299N. Security cooperation with Eritrea. Subtitle G—Matters Relating to Burma Sec. 1299O–1. Limitation on security assistance and security cooperation. Sec. 1299O–2. Imposition of sanctions with respect to certain foreign persons. Sec. 1299O–3. Responsibility and transparency in the mining sector. Sec. 1299O–4. Determination and report on accountability for ethnic cleansing, crimes against humanity, and genocide in Burma. Sec. 1299O–5. Appropriate congressional committees. TITLE XIII—COOPERATIVE THREAT REDUCTION Sec. 1301. Funding allocations. Sec. 1302. Specification of cooperative threat reduction funds. TITLE XIV—OTHER AUTHORIZATIONS Subtitle A—Military Programs Sec. 1401. Working capital funds. Sec. 1402. Chemical agents and munitions destruction, defense. VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6211 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 22 HR 5515 PCS 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-De- partment of Veterans Affairs medical facility demonstration fund for Captain James A. Lovell Health Care Center, Illinois. Sec. 1412. Authorization of appropriations for Armed Forces Retirement Home. Sec. 1413. Quarterly briefing on progress of chemical demilitarization pro- gram. TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS CONTINGENCY OPERATIONS Subtitle A—Authorization of Appropriations Sec. 1501. Purpose of certain authorizations of appropriations. Sec. 1502. Procurement. Sec. 1503. Research, development, test, and evaluation. Sec. 1504. Operation and maintenance. Sec. 1505. Military personnel. Sec. 1506. Working capital funds. Sec. 1507. Drug interdiction and counter-drug activities, defense-wide. Sec. 1508. Defense inspector general. Sec. 1509. Defense health program. Subtitle B—Financial Matters Sec. 1511. Treatment as additional authorizations. Sec. 1512. Special transfer authority. Subtitle C—Limitations, Reports, and Other Matters Sec. 1521. Afghanistan Security Forces Fund. Sec. 1522. Joint Improvised-Threat Defeat Fund. Sec. 1523. Separate account lines for overseas contingency operations funds. Sec. 1524. Enduring costs funded through overseas contingency operations. Sec. 1525. Comptroller General report on use of funds provided by Overseas Contingency Operations. TITLE XVI—STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS Subtitle A—Space Activities Sec. 1601. Improvements to acquisition system, personnel, and organization of space forces. Sec. 1602. Rapid, responsive, and reliable space launch. Sec. 1603. Provision of space situational awareness services and information. Sec. 1604. Budget assessments for national security space programs. Sec. 1605. Enhancement of positioning, navigation, and timing capacity. Sec. 1606. Use of small- and medium-size buses for strategic and tactical sat- ellite payloads. VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6211 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 23 HR 5515 PCS Sec. 1607. Designation of component of Department of Defense responsible for coordination of modernization efforts relating to military-code capable GPS receiver cards. Sec. 1608. Designation of component of Department of Defense responsible for coordination of hosted payload information. Sec. 1609. Limitation on availability of funds for Joint Space Operations Cen- ter mission system. Sec. 1610. Evaluation and enhanced security of supply chain for protected sat- ellite communications programs and overhead persistent infra- red systems. Sec. 1611. Report on protected satellite communications. Sec. 1612. Plan on space warfighting readiness. Sec. 1613. Study on space-based radio frequency mapping. Sec. 1614. Plan to provide persistent weather imagery for United States Cen- tral Command. Sec. 1615. Independent study on space launch locations. Sec. 1616. Report on space debris. Sec. 1617. Briefing on commercial satellite servicing capabilities. Subtitle B—Defense Intelligence and Intelligence-Related Activities Sec. 1621. Role of Under Secretary of Defense for Intelligence. Sec. 1622. Security clearance for dual nationals. Sec. 1623. Department of Defense Counterintelligence polygraph program. Sec. 1624. Defense intelligence business management systems. Sec. 1625. Modification to annual briefing on the intelligence, surveillance, and reconnaissance requirements of the combatant commands. Sec. 1626. Prohibition on the availability of funds for Department of Defense assuming background investigation mission for the Federal Government. Subtitle C—Cyberspace-Related Matters Sec. 1631. Amendments to pilot program regarding cyber vulnerabilities of De- partment of Defense critical infrastructure. Sec. 1632. Budget display for cyber vulnerability evaluations and mitigation ac- tivities for major weapon systems of the Department of De- fense. Sec. 1633. Transfer of responsibility for the Department of Defense Informa- tion Network to United States Cyber Command. Sec. 1634. Pilot program authority to enhance cybersecurity and resiliency of critical infrastructure. Sec. 1635. Pilot program on regional cyber security training center for the Army National Guard. Sec. 1636. Procedures and reporting requirement on cybersecurity breaches and loss of personally identifiable information. Sec. 1637. Cyber institutes at the senior military colleges. Sec. 1638. Study and report on reserve component cyber civil support teams. Sec. 1639. Inclusion of computer programming and cybersecurity in curriculum of Junior Reserve Officers’ Training Corps. Sec. 1640. Department of Defense Cyber Scholarship Program scholarships and grants. Sec. 1640A. Report on transition of sharkseer program. Sec. 1640B. Report on Cybersecurity Apprentice Program. Subtitle D—Nuclear Forces VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6211 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 24 HR 5515 PCS Sec. 1641. Under Secretary of Defense for Research and Engineering and the Nuclear Weapons Council. Sec. 1642. Long-range standoff weapon requirements. Sec. 1643. Acceleration of ground-based strategic deterrent program and long- range standoff weapon program. Sec. 1644. Procurement authority for certain parts of intercontinental ballistic missile fuzes. Sec. 1645. Prohibition on reduction of the intercontinental ballistic missiles of the United States. Sec. 1646. Extension of prohibition on availability of funds for mobile variant of ground-based strategic deterrent missile. Sec. 1647. Independent study on nuclear weapons launch-under-attack option. Sec. 1648. Extension of annual report on the plan for the nuclear weapons stockpile, nuclear weapons complex, nuclear weapons delivery systems, and nuclear weapons command and control system. Sec. 1649. Sense of Congress on nuclear posture of the United States. Sec. 1650. Sense of Congress on extended nuclear deterrence in the Indo-Pa- cific region. Subtitle E—Missile Defense Programs Sec. 1661. Development of persistent space-based sensor architecture. Sec. 1662. Boost phase ballistic missile defense. Sec. 1663. Improvements to research and development and acquisition proc- esses of Missile Defense Agency. Sec. 1664. Layered defense of the United States homeland. Sec. 1665. Testing of redesigned kill vehicle prior to production. Sec. 1666. Requirements for ballistic missile defense capable ships. Sec. 1667. Multiyear procurement authority for standard missile–3 block IB missiles. Sec. 1668. Limitation on availability of funds for Army lower tier air and mis- sile defense sensor. Sec. 1669. Missile defense radar in Hawaii. Sec. 1670. Reports on unfunded priorities of the Missile Defense Agency. Sec. 1671. Report on ballistic missile defense. Sec. 1672. Sense of Congress on missile and rocket defense cooperation be- tween the United States and Israel. Sec. 1673. Report on countermeasures test program. Subtitle F—Other Matters Sec. 1681. Extension of Commission to Assess the Threat to the United States from Electromagnetic Pulse Attacks and Similar Events. Sec. 1682. Procurement of ammonium perchlorate and other chemicals for use in solid rocket motors. Sec. 1683. Conventional prompt global strike hypersonic capabilities. Sec. 1684. Report regarding industrial base for large solid rocket motors. Sec. 1685. National intelligence estimate with respect to Russian and Chinese interference in democratic countries. DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS Sec. 2001. Short title. Sec. 2002. Expiration of authorizations and amounts required to be specified by law. Sec. 2003. Effective date. VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6211 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 25 HR 5515 PCS TITLE XXI—ARMY MILITARY CONSTRUCTION Sec. 2101. Authorized Army construction and land acquisition projects. Sec. 2102. Family housing. Sec. 2103. Authorization of appropriations, Army. Sec. 2104. Extension of authorizations of certain fiscal year 2015 projects. TITLE XXII—NAVY MILITARY CONSTRUCTION Sec. 2201. Authorized Navy construction and land acquisition projects. Sec. 2202. Family housing. Sec. 2203. Improvements to military family housing units. Sec. 2204. Authorization of appropriations, Navy. TITLE XXIII—AIR FORCE MILITARY CONSTRUCTION Sec. 2301. Authorized Air Force construction and land acquisition projects. Sec. 2302. Family housing. Sec. 2303. Improvements to military family housing units. Sec. 2304. Authorization of appropriations, Air Force. Sec. 2305. Modification of authority to carry out certain phased project author- ized in fiscal years 2015, 2016, and 2017. Sec. 2306. Modification of authority to carry out certain fiscal year 2017 project. Sec. 2307. Modification of authority to carry out certain fiscal year 2018 project. Sec. 2308. Additional authority to carry out certain fiscal year 2019 projects. Sec. 2309. Additional authority to carry out project at Travis Air Force Base, California, in fiscal year 2019. TITLE XXIV—DEFENSE AGENCIES MILITARY CONSTRUCTION Sec. 2401. Authorized defense agencies construction and land acquisition projects. Sec. 2402. Authorized energy conservation projects. Sec. 2403. Authorization of appropriations, defense agencies. Sec. 2404. Extension of authorizations of certain fiscal year 2015 projects. TITLE XXV—INTERNATIONAL PROGRAMS Subtitle A—North Atlantic Treaty Organization Security Investment Program Sec. 2501. Authorized NATO construction and land acquisition projects. Sec. 2502. Authorization of appropriations, NATO. Subtitle B—Host Country In-Kind Contributions Sec. 2511. Republic of Korea funded construction projects. TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES Subtitle A—Project Authorizations and Authorization of Appropriations Sec. 2601. Authorized Army National Guard construction and land acquisition projects. Sec. 2602. Authorized Army Reserve construction and land acquisition projects. Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects. VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6211 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 26 HR 5515 PCS Sec. 2604. Authorized Air National Guard construction and land acquisition projects. Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects. Sec. 2606. Authorization of appropriations, National Guard and Reserve. Subtitle B—Other Matters Sec. 2611. Modification of authority to carry out certain fiscal year 2016 project. Sec. 2612. Modification of authority to carry out certain fiscal year 2018 project. Sec. 2613. Additional authority to carry out certain fiscal year 2019 project. TITLE XXVII—BASE REALIGNMENT AND CLOSURE ACTIVITIES Sec. 2701. Authorization of appropriations for base realignment and closure ac- tivities funded through Department of Defense Base Closure Account. Sec. 2702. Additional authority to realign or close certain military installations. Sec. 2703. Prohibition on conducting additional Base Realignment and Closure (BRAC) round. TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS Subtitle A—Military Construction Program and Military Family Housing Sec. 2801. Commercial construction standards for facilities on leased property. Sec. 2802. Extension of temporary, limited authority to use operation and maintenance funds for construction projects outside the United States. Sec. 2803. Small business set-aside for contracts for architectural and engineer- ing services and construction design. Sec. 2804. Authority to obtain architectural and engineering services and con- struction design for defense laboratory modernization program. Sec. 2805. Repeal of limitation on certain Guam project. Sec. 2806. Enhancing force protection and safety on military installations. Sec. 2807. Limitation on use of funds for acquisition of furnished energy for new medical center in Germany. Sec. 2808. Treatment of leases of non-excess property entered into with insured depository institutions. Subtitle B—Real Property and Facilities Administration Sec. 2811. Optional participation in collection of information on unutilized and underutilized military installation properties available for homeless assistance. Sec. 2812. Force structure plans and infrastructure capabilities necessary to support the force structure. Sec. 2813. Retrofitting existing windows in military family housing units to be equipped with fall prevention devices. Sec. 2814. Updating prohibition on use of certain assessment of public schools on Department of Defense installations to supersede funding of certain projects. Sec. 2815. Study of feasibility of using 20-year intergovernmental support agreements for installation-support services. Sec. 2816. Promoting responsible leasing of property. VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6211 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 27 HR 5515 PCS Sec. 2817. Reports on buildings and facilities subject to exceptions to accessi- bility standards. Subtitle C—Land Conveyances Sec. 2821. Land exchange, Air Force Plant 44, Tucson, Arizona. Sec. 2822. Authority for transfer of administrative jurisdiction over certain lands, Marine Corps Air Ground Combat Center Twentynine Palms, California, and Marine Corps Air Station Yuma, Ari- zona. Sec. 2823. Environmental restoration and future conveyance of portion of former Mare Island Firing Range, Vallejo, California. Sec. 2824. Land exchange, Naval support activity, Washington Navy Yard, District of Columbia. Sec. 2825. Authority for leasing real property at the Naval Air Station Key West, Florida. Sec. 2826. Sense of Congress regarding land conveyance, Mountain View, Cali- fornia. Sec. 2827. Public inventory of Guam land parcels for transfer to Government of Guam. Sec. 2828. Modification of conditions on land conveyance, Joliet Army Ammu- nition Plant, Illinois. Sec. 2829. Land conveyance, Naval Academy dairy farm, Gambrills, Maryland. Sec. 2830. Technical correction of description of Limestone Hills Training Area Land Withdrawal and Reservation, Montana. Sec. 2830A. Land conveyance, Wasatch-Cache National Forest, Rich County, Utah. Sec. 2830B. Commemoration of Freedman’s Village, Arlington County, Vir- ginia. Subtitle D—Military Land Withdrawals Sec. 2831. Indefinite duration of certain military land withdrawals and reserva- tions and improved management of withdrawn and reserved lands. Sec. 2832. Designation of potential wilderness area. Subtitle E—Other Matters Sec. 2841. Defense community infrastructure program. Sec. 2842. Restrictions on use of funds for development of public infrastructure in Commonwealth of Northern Mariana Islands. Sec. 2843. Study and report on Coleman Bridge, York River, Virginia. Sec. 2844. Certifications required prior to transfer of certain veterans memorial object. Sec. 2845. Battleship preservation grant program. Sec. 2846. Restrictions on rehabilitation of Over-the-Horizon Backscatter Radar Station. Sec. 2847. Modification to First Division Monument. Sec. 2848. Defense access roads relating to closures due to sea level rise and flooding. TITLE XXIX—OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION Sec. 2901. Authorized Army construction and land acquisition projects. Sec. 2902. Authorized Navy construction and land acquisition projects. VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6211 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 28 HR 5515 PCS Sec. 2903. Authorized Air Force construction and land acquisition projects. Sec. 2904. Authorized defense agencies construction and land acquisition projects. Sec. 2905. Authorization of appropriations. Sec. 2906. Restrictions on use of funds for planning and design costs of Euro- pean Deterrence Initiative projects. DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS Subtitle A—National Security Programs and Authorizations Sec. 3101. National Nuclear Security Administration. Sec. 3102. Defense environmental cleanup. Sec. 3103. Other defense activities. Sec. 3104. Nuclear energy. Subtitle B—Program Authorizations, Restrictions, and Limitations Sec. 3111. Security clearance for dual nationals employed by National Nuclear Security Agency. Sec. 3112. Department of Energy counterintelligence polygraph program. Sec. 3113. Extension of enhanced procurement authority to manage supply chain risk. Sec. 3114. Low-yield nuclear weapons. Sec. 3115. Use of funds for construction and project support activities relating to MOX facility. Sec. 3116. Prohibition on availability of funds for programs in Russian Federa- tion. Sec. 3117. Prohibition on availability of funds for research and development of advanced naval nuclear fuel system based on low-enriched ura- nium. Sec. 3118. Limitation on availability of funds relating to submission of annual reports on unfunded priorities. Sec. 3119. Acceleration of replacement of cesium blood irradiation sources. Sec. 3120. Nuclear forensics analyses. Sec. 3120A. Independent assessment of plutonium strategy. Sec. 3120B. Hanford waste tank cleanup program. Sec. 3120C. Manufacturing Trades Education Grant Program. Subtitle C—Reports Sec. 3121. Notification regarding release of contamination at Hanford site. Sec. 3122. Sense of Congress regarding uranium mining and nuclear testing. Subtitle D—Other Matters Sec. 3131. Inclusion of capital assets acquisition projects in activities by Direc- tor for Cost Estimating and Program Evaluation. Sec. 3132. Whistleblower protections. TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD Sec. 3201. Authorization. VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6211 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 29 HR 5515 PCS TITLE XXXIV—NAVAL PETROLEUM RESERVES Sec. 3401. Authorization of appropriations. Sec. 3402. Exclusion of certain payments from calculation for fiscal year 2019 PILT payments. TITLE XXXV—MARITIME MATTERS Subtitle A—Maritime Administration Sec. 3501. Authorization of the Maritime Administration. Sec. 3502. Compliance by Ready Reserve Fleet vessels with SOLAS lifeboats and fire suppression requirements. Sec. 3503. Maritime Administration National Security Multi-Mission Vessel Program. Sec. 3504. Permanent authority of Secretary of Transportation to issue vessel war risk insurance. Sec. 3505. Use of State maritime academy training vessels. Subtitle B—Coast Guard Sec. 3521. Alignment with Department of Defense and sea services authorities. Sec. 3522. Preliminary development and demonstration. Sec. 3523. Contract termination. Sec. 3524. Reimbursement for travel expenses. Sec. 3525. Capital investment plan. Sec. 3526. Major acquisition program risk assessment. Sec. 3527. Marine safety implementation status. Sec. 3528. Retirement of Vice Commandant. Sec. 3529. Large commercial yacht code. Subtitle C—Coast Guard and Shipping Technical Corrections CHAPTER 1—COAST GUARD Sec. 3531. Commandant defined. Sec. 3532. Training course on workings of Congress. Sec. 3533. Miscellaneous. Sec. 3534. Department of Defense consultation. Sec. 3535. Repeal. Sec. 3536. Mission need statement. Sec. 3537. Continuation on active duty. Sec. 3538. System acquisition authorization. Sec. 3539. Inventory of real property. CHAPTER 2—MARITIME TRANSPORTATION Sec. 3541. Definitions. Sec. 3542. Authority to exempt vessels. Sec. 3543. Passenger vessels. Sec. 3544. Tank vessels. Sec. 3545. Grounds for denial or revocation. Sec. 3546. Miscellaneous corrections to title 46, U.S.C. Sec. 3547. Miscellaneous corrections to Oil Pollution Act of 1990. Sec. 3548. Miscellaneous corrections. Sec. 3549. Modification of boundaries of White Sands National Monument and White Sands Missile Range. VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6211 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 30 HR 5515 PCS DIVISION D—COAST GUARD AUTHORIZATION ACT OF 2017 Sec. 4001. Short title. Sec. 4002. Table of contents. TITLE XLI—REORGANIZATION OF TITLE 14, UNITED STATES CODE Sec. 4101. Initial matter. Sec. 4102. Subtitle I. Sec. 4103. Chapter 1. Sec. 4104. Chapter 3. Sec. 4105. Chapter 5. Sec. 4106. Chapter 7. Sec. 4107. Chapter 9. Sec. 4108. Chapter 11. Sec. 4109. Subtitle II. Sec. 4110. Chapter 19. Sec. 4111. Part II. Sec. 4112. Chapter 21. Sec. 4113. Chapter 23. Sec. 4114. Chapter 25. Sec. 4115. Part III. Sec. 4116. Chapter 27. Sec. 4117. Chapter 29. Sec. 4118. Subtitle III and chapter 37. Sec. 4119. Chapter 39. Sec. 4120. Chapter 41. Sec. 4121. Subtitle IV and chapter 49. Sec. 4122. Chapter 51. Sec. 4123. References. Sec. 4124. Rule of construction. TITLE XLII—AUTHORIZATIONS Sec. 4201. Amendments to title 14, United States Code, as amended by title XLI of this division. Sec. 4202. Authorizations of appropriations. Sec. 4203. Authorized levels of military strength and training. Sec. 4204. Authorization of amounts for Fast Response Cutters. Sec. 4205. Authorization of amounts for shoreside infrastructure. Sec. 4206. Authorization of amounts for aircraft improvements. TITLE XLIII—COAST GUARD Sec. 4301. Amendments to title 14, United States Code, as amended by title XLI of this division. Sec. 4302. Primary duties. Sec. 4303. National Coast Guard Museum. Sec. 4304. Unmanned aircraft. Sec. 4305. Coast Guard health-care professionals; licensure portability. Sec. 4306. Training; emergency response providers. Sec. 4307. Incentive contracts for Coast Guard yard and industrial establish- ments. Sec. 4308. Confidential investigative expenses. Sec. 4309. Regular captains; retirement. Sec. 4310. Conversion, alteration, and repair projects. VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6211 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 31 HR 5515 PCS Sec. 4311. Contracting for major acquisitions programs. Sec. 4312. Officer promotion zones. Sec. 4313. Cross reference. Sec. 4314. Commissioned service retirement. Sec. 4315. Leave for birth or adoption of child. Sec. 4316. Clothing at time of discharge. Sec. 4317. Unfunded priorities list. Sec. 4318. Safety of vessels of the Armed Forces. Sec. 4319. Protecting against unmanned aircraft. Sec. 4320. Air facilities. TITLE XLIV—PORTS AND WATERWAYS SAFETY Sec. 4401. Codification of Ports and Waterways Safety Act. Sec. 4402. Conforming amendments. Sec. 4403. Transitional and savings provisions. Sec. 4404. Rule of construction. Sec. 4405. Advisory committee: repeal. Sec. 4406. Regattas and marine parades. Sec. 4407. Regulation of vessels in territorial waters of United States. Sec. 4408. Port, harbor, and coastal facility security. TITLE XLV—MARITIME TRANSPORTATION SAFETY Sec. 4501. Consistency in marine inspections. Sec. 4502. Uninspected passenger vessels in St. Louis County, Minnesota. Sec. 4503. Engine cut-off switch requirements. Sec. 4504. Exception from survival craft requirements. Sec. 4505. Safety standards. Sec. 4506. Fishing safety grants. Sec. 4507. Fishing, fish tender, and fish processing vessel certification. Sec. 4508. Deadline for compliance with alternate safety compliance program. Sec. 4509. Termination of unsafe operations; technical correction. Sec. 4510. Technical corrections: Licenses, certificates of registry, and mer- chant mariner documents. Sec. 4511. Clarification of logbook entries. Sec. 4512. Certificates of documentation for recreational vessels. Sec. 4513. Numbering for undocumented barges. Sec. 4514. Backup global positioning system. Sec. 4515. Scientific personnel. Sec. 4516. Transparency. TITLE XLVI—ADVISORY COMMITTEES Sec. 4601. National maritime transportation advisory committees. Sec. 4602. Maritime Security Advisory Committees. TITLE XLVII—FEDERAL MARITIME COMMISSION Sec. 4701. Short title. Sec. 4702. Authorization of appropriations. Sec. 4703. Reporting on impact of alliances on competition. Sec. 4704. Definition of certain covered services. Sec. 4705. Reports filed with the Commission. Sec. 4706. Public participation. Sec. 4707. Ocean transportation intermediaries. Sec. 4708. Common carriers. VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6211 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 32 HR 5515 PCS Sec. 4709. Negotiations. Sec. 4710. Injunctive relief sought by the Commission. Sec. 4711. Discussions. Sec. 4712. Transparency. Sec. 4713. Study of bankruptcy preparation and response. Sec. 4714. Agreements unaffected. TITLE XLVIII—MISCELLANEOUS Sec. 4801. Repeal of obsolete reporting requirement. Sec. 4802. Corrections to provisions enacted by Coast Guard Authorization Acts. Sec. 4803. Officer evaluation report. Sec. 4804. Extension of authority. Sec. 4805. Coast Guard ROTC program. Sec. 4806. Currency detection canine team program. Sec. 4807. Center of expertise for Great Lakes oil spill search and response. Sec. 4808. Public safety answering points and maritime search and rescue co- ordination. Sec. 4809. Ship shoal lighthouse transfer: repeal. Sec. 4810. Land exchange, Ayakulik Island, Alaska. Sec. 4811. Use of Tract 43. Sec. 4812. Coast Guard maritime domain awareness. Sec. 4813. Monitoring. Sec. 4814. Reimbursements for non-Federal construction costs of certain aids to navigation. Sec. 4815. Towing safety management system fees. Sec. 4816. Oil spill disbursements auditing and report. Sec. 4817. Fleet requirements assessment and strategy. Sec. 4818. National Security Cutter. Sec. 4819. Acquisition plan for inland waterway and river tenders and bay-class icebreakers. Sec. 4820. Great Lakes icebreaker acquisition. Sec. 4821. Polar icebreakers. Sec. 4822. Strategic assets in the Arctic. Sec. 4823. Arctic planning criteria. Sec. 4824. Vessel response plan audit. Sec. 4825. Waters deemed not navigable waters of the United States for certain purposes. Sec. 4826. Documentation of recreational vessels. Sec. 4827. Equipment requirements; exemption from throwable personal flota- tion devices requirement. Sec. 4828. Visual distress signals and alternative use. Sec. 4829. Radar refresher training. Sec. 4830. Commercial fishing vessel safety national communications plan. Sec. 4831. Authorization for marine debris program. Sec. 4832. Atlantic Coast port access route study recommendations. Sec. 4833. Drawbridges. Sec. 4834. Waiver. Sec. 4835. Vessel waiver. Sec. 4836. Temporary limitations. Sec. 4837. Transfer of Coast Guard property in Jupiter Island, Florida, for in- clusion in Hobe Sound National Wildlife Refuge. Sec. 4838. Emergency response. Sec. 4839. Drawbridges consultation. VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6211 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 33 HR 5515 PCS DIVISION E—NATIONAL STRATEGIC AND CRITICAL MINERALS PRODUCTION Sec. 5001. Findings. Sec. 5002. Definitions. Sec. 5003. Improving development of strategic and critical minerals. Sec. 5004. Responsibilities of the lead agency. Sec. 5005. Federal Register process for mineral exploration and mining projects. Sec. 5006. Secretarial order not affected. DIVISION F—FEES FOR MEDICAL SERVICES PROVIDED BY NATIONAL PARK SERVICE PERSONNEL Sec. 6101. Fees for medical services. DIVISION G—FUNDING TABLES Sec. 7001. Authorization of amounts in funding tables. TITLE LXXI—PROCUREMENT Sec. 7101. Procurement. Sec. 7102. Procurement for overseas contingency operations. TITLE LXXII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION Sec. 7201. Research, development, test, and evaluation. Sec. 7202. Research, development, test, and evaluation for overseas contingency operations. TITLE LXXIII—OPERATION AND MAINTENANCE Sec. 7301. Operation and maintenance. Sec. 7302. Operation and maintenance for overseas contingency operations. TITLE LXXIV—MILITARY PERSONNEL Sec. 7401. Military personnel. Sec. 7402. Military personnel for overseas contingency operations. TITLE LXXV—OTHER AUTHORIZATIONS Sec. 7501. Other authorizations. Sec. 7502. Other authorizations for overseas contingency operations. TITLE LXXVI—MILITARY CONSTRUCTION Sec. 7601. Military construction. Sec. 7602. Military construction for overseas contingency operations. TITLE LXXVII—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS Sec. 7701. Department of Energy national security programs. VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6211 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 34 HR 5515 PCS SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES. 1 In this Act, the term ‘‘congressional defense commit- 2 tees’’ has the meaning given that term in section 3 101(a)(16) of title 10, United States Code. 4 DIVISION A—DEPARTMENT OF 5 DEFENSE AUTHORIZATIONS 6 TITLE I—PROCUREMENT 7 Subtitle A—Authorization Of 8 Appropriations 9 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 10 Funds are hereby authorized to be appropriated for 11 fiscal year 2019 for procurement for the Army, the Navy 12 and the Marine Corps, the Air Force, and Defense-wide 13 activities, as specified in the funding table in section 7101. 14 Subtitle B—Army Programs 15 SEC. 111. NATIONAL GUARD AND RESERVE COMPONENT 16 EQUIPMENT REPORT. 17 (a) IN GENERAL.—Section 10541(b) of title 10, 18 United States Code, is amended by adding at the end the 19 following new paragraph: 20 ‘‘(10) A joint assessment by the Chief of Staff 21 of the Army and the Chief of the National Guard 22 Bureau on the efforts of the Army to achieve parity 23 among the active component, the Army Reserve, and 24 the Army National Guard with respect to equipment 25 and capabilities. Each assessment shall include a 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 35 HR 5515 PCS comparison of the inventory of high priority items of 1 equipment available to each component of the Army 2 described in preceding sentence, including— 3 ‘‘(A) AH–64 Attack Helicopters; 4 ‘‘(B) UH–60 Black Hawk Utility Heli- 5 copters; 6 ‘‘(C) Abrams Main Battle Tanks; 7 ‘‘(D) Bradley Infantry Fighting Vehicles; 8 ‘‘(E) Stryker Combat Vehicles; and 9 ‘‘(F) any other items of equipment identi- 10 fied as high priority by the Chief of Staff of the 11 Army or the Chief of the National Guard Bu- 12 reau.’’. 13 (b) EFFECTIVE DATE.—The amendment made by 14 subsection (a) shall apply with respect to reports required 15 to be submitted under section 10541 of title 10, United 16 States Code, after the date of the enactment of this Act. 17 SEC. 112. LIMITATION ON AVAILABILITY OF FUNDS FOR 18 M27 INFANTRY AUTOMATIC RIFLE PROGRAM. 19 (a) LIMITATION.—Of the funds authorized to be ap- 20 propriated by this Act or otherwise made available for fis- 21 cal year 2019 for the M27 Infantry Automatic Rifle pro- 22 gram of the Marine Corps, not more than 80 percent may 23 be obligated or expended until the date on which the Com- 24 mandant of the Marine Corps submits to the Committees 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 36 HR 5515 PCS on Armed Services of the Senate and the House of Rep- 1 resentatives the assessment described in subsection (b). 2 (b) ASSESSMENT.—The assessment described in this 3 subsection is a written summary of the views of the Ma- 4 rine Corps with respect to the Small Arms Ammunition 5 Configuration Study of the Army, including— 6 (1) an explanation of how the study informs the 7 future small arms modernization requirements of the 8 Marine Corps; and 9 (2) near-term and long-term modernization 10 strategies for the small arms weapon systems of the 11 Marine Corps, including associated funding and 12 schedule profiles. 13 Subtitle C—Navy Programs 14 SEC. 121. INCREASE IN NUMBER OF OPERATIONAL AIR- 15 CRAFT CARRIERS OF THE NAVY. 16 (a) FINDINGS.—Congress finds the following: 17 (1) The aircraft carrier can fulfill the Navy’s 18 core missions of forward presence, sea control, en- 19 suring safe sea lanes, and power projection as well 20 as providing flexibility and versatility to execute a 21 wide range of additional missions. 22 (2) Forward airpower is integral to the security 23 and joint forces operations of the United States. 24 Carriers play a central role in delivering forward air- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 37 HR 5515 PCS power from sovereign territory of the United States 1 in both permissive and nonpermissive environments. 2 (3) Aircraft carriers provide our Nation the 3 ability to rapidly and decisively respond to national 4 threats, as well as conducting worldwide, on-station 5 diplomacy and providing deterrence against threats 6 to the United States allies, partners, and friends. 7 (4) Since the end of the cold war, aircraft car- 8 rier deployments have increased while the aircraft 9 carrier force structure has declined. 10 (5) Considering the increased array of complex 11 threats across the globe, the Navy aircraft carrier is 12 operating at maximum capacity, increasing deploy- 13 ment lengths and decreasing maintenance periods in 14 order to meet operational requirements. 15 (6) To meet global peacetime and wartime re- 16 quirements, the Navy has indicated a requirement to 17 maintain two aircraft carriers deployed overseas and 18 have three additional aircraft carriers capable of de- 19 ploying within 90 days. However, the Navy has indi- 20 cated that the existing aircraft carrier force struc- 21 ture cannot support these military requirements. 22 (7) Despite the requirement to maintain an air- 23 craft carrier strike group in both the United States 24 Central Command and the United States Pacific 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 38 HR 5515 PCS Command, the Navy has been unable to generate 1 sufficient capacity to support combatant com- 2 manders and has developed significant carrier gaps 3 in these critical areas. 4 (8) Because of the continuing use of a dimin- 5 ished aircraft carrier force structure, extensive main- 6 tenance availabilities result which typically exceed 7 program costs and increase time in shipyards. These 8 expansive maintenance availabilities exacerbate exist- 9 ing carrier gaps. 10 (9) Developing an alternative design to the 11 Ford-class aircraft carrier is not cost beneficial. A 12 smaller design is projected to incur significant de- 13 sign and engineering cost while significantly reduc- 14 ing magazine size, carrier air wing size, sortie rate, 15 and on-station effectiveness, among other vital fac- 16 tors, as compared to the Ford-class. Furthermore, a 17 new design will delay the introduction of future air- 18 craft carriers, exacerbating existing carrier gaps and 19 threatening the national security of the United 20 States. 21 (10) The 2016 Navy Force Structure Assess- 22 ment states ‘‘A minimum of 12 aircraft carriers are 23 required to meet the increased warfighting response 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 39 HR 5515 PCS requirements of the Defense Planning Guidance De- 1 feat/Deny force sizing direction.’’. 2 (b) SENSE OF CONGRESS.—It is the sense of Con- 3 gress that— 4 (1) the United States should expedite delivery 5 of 12 aircraft carriers; and 6 (2) an aircraft carrier should be authorized 7 every three years. 8 (c) INCREASE IN NUMBER OF OPERATIONAL AIR- 9 CRAFT CARRIERS OF THE NAVY.— 10 (1) INCREASE.—Section 5062(b) of title 10, 11 United States Code, is amended by striking ‘‘11 12 operational aircraft carriers’’ and inserting ‘‘12 13 operational aircraft carriers’’. 14 (2) EFFECTIVE DATE.—The amendment made 15 by paragraph (1) shall take effect on September 30, 16 2022. 17 SEC. 122. PROCUREMENT AUTHORITY FOR FORD CLASS 18 AIRCRAFT CARRIER PROGRAM. 19 (a) CONTRACT AUTHORITY.— 20 (1) PROCUREMENT AUTHORIZED.—The Sec- 21 retary of the Navy may enter into one or more con- 22 tracts, beginning with the fiscal year 2019 program 23 year, for the procurement of one Ford class aircraft 24 carrier to be designated CVN–81. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 40 HR 5515 PCS (2) PROCUREMENT IN CONJUNCTION WITH 1 CVN–80.—The aircraft carrier authorized to be pro- 2 cured under subsection (a) may be procured as an 3 addition to the contract covering the Ford class air- 4 craft carrier designated CVN–80 that is authorized 5 to be constructed under section 121 of the John 6 Warner National Defense Authorization Act for Fis- 7 cal Year 2007 (Public Law 109–364; 120 Stat. 8 2104). 9 (b) USE OF INCREMENTAL FUNDING.—With respect 10 to a contract entered into under subsection (a), the Sec- 11 retary of the Navy may use incremental funding to make 12 payments under the contract. 13 (c) LIABILITY.—A contract entered into under sub- 14 section (a) shall provide that the total liability to the Gov- 15 ernment for termination of the contract entered into shall 16 be limited to the total amount of funding obligated at the 17 time of termination. 18 (d) CONDITION FOR OUT-YEAR CONTRACT PAY- 19 MENTS.—A contract entered into under subsection (a) 20 shall provide that any obligation of the United States to 21 make a payment under the contract for a fiscal year is 22 subject to the availability of appropriations for that pur- 23 pose for such fiscal year. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 41 HR 5515 PCS SEC. 123. FULL SHIP SHOCK TRIAL FOR FORD CLASS AIR- 1 CRAFT CARRIER. 2 The Secretary of the Navy shall ensure that full ship 3 shock trials results are incorporated into the construction 4 of the Ford class aircraft carrier designated CVN–81. 5 SEC. 124. MULTIYEAR PROCUREMENT AUTHORITY FOR AM- 6 PHIBIOUS VESSELS. 7 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.— 8 Subject to section 2306b of title 10, United States Code, 9 the Secretary of the Navy may enter into one or more 10 multiyear contracts for the procurement of not more than 11 five amphibious vessels. 12 (b) LIMITATION.—The Secretary of the Navy may 13 not modify a contract entered into under subsection (a) 14 if the modification would increase the target price of an 15 amphibious vessel by more than 10 percent above the tar- 16 get price specified in the original contract awarded for the 17 amphibious vessel under subsection (a). 18 (c) AUTHORITY FOR ADVANCE PROCUREMENT.—The 19 Secretary of the Navy may enter into one or more con- 20 tracts for advance procurement associated with the am- 21 phibious vessels for which authorization to enter into a 22 multiyear procurement contract is provided under sub- 23 section (a) and for equipment or subsystems associated 24 with the amphibious vessels, including procurement of— 25 (1) long lead time material; or 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 42 HR 5515 PCS (2) material or equipment in economic order 1 quantities when cost savings are achievable. 2 (d) CONDITION FOR OUT-YEAR CONTRACT PAY- 3 MENTS.—A contract entered into under subsection (a) 4 shall provide that any obligation of the United States to 5 make a payment under the contract for a fiscal year after 6 fiscal year 2019 is subject to the availability of appropria- 7 tions or funds for that purpose for such later fiscal year. 8 (e) LIMITATION ON TERMINATION LIABILITY.—A 9 contract for the construction of amphibious vessels entered 10 into under subsection (a) shall include a clause that limits 11 the liability of the United States to the contractor for any 12 termination of the contract. The maximum liability of the 13 United States under the clause shall be the amount appro- 14 priated for the amphibious vessels covered by the contract 15 regardless of the amount obligated under the contract. 16 (f) AMPHIBIOUS VESSEL DEFINED.—The term ‘‘am- 17 phibious vessel’’ means a San Antonio class amphibious 18 transport dock ship with a Flight II configuration. 19 SEC. 125. MULTIYEAR PROCUREMENT AUTHORITY FOR 20 STANDARD MISSILE–6. 21 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.— 22 Subject to section 2306b of title 10, United States Code, 23 the Secretary of the Navy may enter into one or more 24 multiyear contracts, beginning with the fiscal year 2019 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 43 HR 5515 PCS program year, for the procurement of up to 625 standard 1 missile–6 missiles at a rate of not more than 125 missiles 2 per year during the covered period. 3 (b) CONDITION FOR OUT-YEAR CONTRACT PAY- 4 MENTS.—A contract entered into under subsection (a) 5 shall provide that any obligation of the United States to 6 make a payment under the contract for a fiscal year after 7 fiscal year 2019 is subject to the availability of appropria- 8 tions or funds for that purpose for such later fiscal year. 9 (c) COVERED PERIOD DEFINED.—In this section, the 10 term ‘‘covered period’’ means the 5-year period beginning 11 with the fiscal year 2019 program year and ending with 12 the fiscal year 2023 program year. 13 SEC. 126. MULTIYEAR PROCUREMENT AUTHORITY FOR E– 14 2D AIRCRAFT. 15 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.— 16 Subject to section 2306b of title 10, United States Code, 17 the Secretary of the Navy may enter into one or more 18 multiyear contracts, beginning with the fiscal year 2019 19 program year, for the procurement of up to 24 E–2D air- 20 craft. 21 (b) CONDITION FOR OUT-YEAR CONTRACT PAY- 22 MENTS.—A contract entered into under subsection (a) 23 shall provide that any obligation of the United States to 24 make a payment under the contract for a fiscal year after 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 44 HR 5515 PCS fiscal year 2019 is subject to the availability of appropria- 1 tions for that purpose for such later fiscal year. 2 SEC. 127. MULTIYEAR PROCUREMENT AUTHORITY FOR F/A– 3 18E/F AIRCRAFT AND EA–18G AIRCRAFT. 4 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.— 5 Subject to section 2306b of title 10, United States Code, 6 the Secretary of the Navy may enter into one or more 7 multiyear contracts, beginning with the fiscal year 2019 8 program year, for the procurement of the following: 9 (1) F/A–18E/F aircraft. 10 (2) EA–18G aircraft. 11 (b) CONDITION FOR OUT-YEAR CONTRACT PAY- 12 MENTS.—A contract entered into under subsection (a) 13 shall provide that any obligation of the United States to 14 make a payment under the contract for a fiscal year after 15 fiscal year 2019 is subject to the availability of appropria- 16 tions or funds for that purpose for such later fiscal year. 17 (c) AUTHORITY FOR ADVANCE PROCUREMENT AND 18 ECONOMIC ORDER QUANTITY.—The Secretary of the 19 Navy may enter into one or more contracts, beginning in 20 fiscal year 2019, for advance procurement associated with 21 the aircraft for which authorization to enter into a 22 multiyear procurement contract is provided under sub- 23 section (a), which may include one or more contracts for 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 45 HR 5515 PCS the procurement of economic order quantities of material 1 and equipment for such aircraft. 2 SEC. 128. MODIFICATIONS TO F/A–18 AIRCRAFT TO MITI- 3 GATE PHYSIOLOGICAL EPISODES. 4 (a) MODIFICATIONS REQUIRED.—The Secretary of 5 the Navy shall modify the F/A-18 aircraft to reduce the 6 occurrence of, and mitigate the risk posed by, physiological 7 episodes affecting crewmembers of the aircraft. The modi- 8 fications shall include, at minimum— 9 (1) replacement of the F/A–18 cockpit altim- 10 eter; 11 (2) upgrade of the F/A–18 onboard oxygen gen- 12 eration system; 13 (3) redesign of the F/A–18 aircraft life support 14 systems required to meet onboard oxygen generation 15 system input specifications; 16 (4) installation of equipment associated with 17 improved F/A–18 physiological monitoring and alert 18 systems; and 19 (5) installation of an automatic ground collision 20 avoidance system. 21 (b) REPORT REQUIRED.—Not later than February 1, 22 2019, and annually thereafter through February 1, 2021, 23 the Secretary of the Navy shall submit to the congres- 24 sional defense committees a written update on the status 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 46 HR 5515 PCS of all modifications to the F/A–18 aircraft carried out by 1 the Secretary pursuant to subsection (a). 2 (c) WAIVER.—The Secretary of the Navy may waive 3 the requirement to make a modification under subsection 4 (a) if the Secretary certifies to the congressional defense 5 committees that the specific modification is inadvisable 6 and provides a detailed justification for excluding the 7 modification from the Navy’s planned upgrades for the F/ 8 A–18 aircraft. 9 SEC. 129. FRIGATE CLASS SHIP PROGRAM. 10 (a) TECHNICAL DATA.— 11 (1) REQUIREMENT.—As part of the solicitation 12 for proposals for the procurement of any frigate 13 class ship, the Secretary of the Navy shall require 14 that an offeror submit a proposal that provides for 15 conveying technical data as part of the proposal for 16 the frigate. 17 (2) RIGHTS OF THE UNITED STATES.—The 18 Secretary of the Navy shall ensure that the Govern- 19 ment’s rights in technical data for any frigate class 20 ship are sufficient to allow the Government to— 21 (A) by not later than the date on which 22 funds are obligated for the last covered frigate, 23 use the technical data to conduct a full and 24 open competition (pursuant to section 2304 of 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 47 HR 5515 PCS title 10, United States Code) for any subse- 1 quent procurement of a frigate class ship; and 2 (B) transition the frigate class ship combat 3 systems to Government-furnished equipment to 4 achieve open architecture and foster competi- 5 tion to modernize future systems. 6 (b) DEFINITIONS.—In this section: 7 (1) The term ‘‘covered frigate’’ means each of 8 the first 10 frigate class ships procured after Janu- 9 ary 1, 2020. 10 (2) The term ‘‘technical data’’ means a com- 11 pilation of detailed engineering plans and specifica- 12 tions for the construction of a frigate class ship. 13 SEC. 130. LIMITATION ON PROCUREMENT OF ECONOMIC 14 ORDER QUANTITIES FOR VIRGINIA CLASS 15 SUBMARINE PROGRAM. 16 Section 124 of the National Defense Authorization 17 Act for Fiscal Year 2018 (Public Law 115–91) is amend- 18 ed— 19 (1) in subsection (c)(2), by striking ‘‘material’’ 20 and inserting ‘‘subject to subsection (d), material’’; 21 (2) by redesignating subsection (d) through (f) 22 as subsections (e) through (g), respectively; and 23 (3) by inserting after subsection (c), the fol- 24 lowing: 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 48 HR 5515 PCS ‘‘(d) LIMITATION ON PROCUREMENT OF ECONOMIC 1 ORDER QUANTITIES.—The Secretary of the Navy may not 2 enter into contracts for economic order quantities under 3 subsection (c)(2) until the date on which the Secretary 4 certifies to the congressional defense committees that any 5 funds made available for such contracts will be used to 6 procure economic order quantities of material and equip- 7 ment for not fewer than 12 Virginia class submarines.’’. 8 SEC. 131. LIMITATION ON USE OF FUNDS FOR DDG–51 DE- 9 STROYERS. 10 None of the funds authorized to be appropriated or 11 otherwise made available by this Act for fiscal year 2019 12 for Shipbuilding and Conversion, Navy, for DDG–51 class 13 destroyers may be obligated or expended until the Sec- 14 retary of the Navy submits to the congressional defense 15 committees a report that includes— 16 (1) a detailed description of the current 17 degaussing standards; 18 (2) a plan for incorporating such standards into 19 the destroyer construction program; and 20 (3) an assessment of the requirement to backfit 21 such standards in service destroyers. 22 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 49 HR 5515 PCS Subtitle D—Air Force Programs 1 SEC. 141. INVENTORY REQUIREMENT FOR AIR REFUELING 2 TANKER AIRCRAFT; LIMITATION ON RETIRE- 3 MENT OF KC–10A AIRCRAFT. 4 (a) INVENTORY REQUIREMENT.—Section 8062 of 5 title 10, United States Code, is amended by adding at the 6 end the following new subsection: 7 ‘‘(j)(1) Except as provided in paragraph (2), effective 8 October 1, 2019, the Secretary of the Air Force shall 9 maintain a total primary assigned aircraft inventory of air 10 refueling tanker aircraft of not less than 479 aircraft. 11 ‘‘(2) The Secretary of the Air Force may reduce the 12 number of air refueling tanker aircraft in the primary as- 13 signed aircraft inventory of the Air Force below 479 only 14 if— 15 ‘‘(A) the Secretary certifies to the congressional 16 defense committees that such reduction is justified 17 by the results of the mobility capability and require- 18 ments study conducted under section 144(b) of the 19 National Defense Authorization Act for Fiscal Year 20 2018 (Public Law 115–91); and 21 ‘‘(B) a period of 30 days has elapsed following 22 the date on which the certification is made to the 23 congressional defense committees under subpara- 24 graph (A). 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 50 HR 5515 PCS ‘‘(3) In this subsection: 1 ‘‘(A) The term ‘air refueling tanker aircraft’ 2 means an aircraft that has as its primary mission 3 the refueling of other aircraft. 4 ‘‘(B) The term ‘primary assigned aircraft inven- 5 tory’ means aircraft authorized to a flying unit for 6 operations or training.’’. 7 (b) LIMITATION ON RETIREMENT OF KC–10A.— 8 (1) IN GENERAL.—None of the funds author- 9 ized to be appropriated by this Act or otherwise 10 made available for any fiscal year for the Air Force 11 may be obligated or expended to retire, or to prepare 12 to retire, any KC–10A aircraft until the date that is 13 30 days after the date on which the Secretary of the 14 Air Force certifies to the congressional defense com- 15 mittees that Secretary has met the minimum inven- 16 tory requirement under section 8062(j) of title 10, 17 United States Code, as added by subsection (a) of 18 this section. 19 (2) EXCEPTION FOR CERTAIN AIRCRAFT.—The 20 requirement of paragraph (1) does not apply to indi- 21 vidual KC–10A aircraft that the Secretary of the Air 22 Force determines, on a case-by-case basis, to be non- 23 operational because of mishaps, other damage, or 24 being uneconomical to repair. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 51 HR 5515 PCS SEC. 142. LIMITATION ON USE OF FUNDS FOR KC-46A AIR- 1 CRAFT PENDING SUBMITTAL OF CERTIFI- 2 CATION. 3 (a) CERTIFICATION REQUIRED.—The Secretary of 4 the Air Force shall submit to the congressional defense 5 committees certification that, as of the date of the certifi- 6 cation— 7 (1) the supplemental type certification and the 8 military type certification for the KC-46A aircraft 9 have been approved; and 10 (2) the Air Force has accepted the delivery of 11 the first KC-46A aircraft. 12 (b) LIMITATION ON USE OF FUNDS.—None of the 13 funds authorized to be appropriated or otherwise made 14 available by this Act for fiscal year 2019 for Aircraft Pro- 15 curement, Air Force, may be obligated or expended for 16 three KC-46A aircraft until the Secretary of the Air Force 17 submits the certification required under subsection (a). 18 SEC. 143. RETIREMENT DATE FOR VC–25A AIRCRAFT. 19 (a) IN GENERAL.—For purposes of the application 20 of section 2244a of title 10, United States Code, the re- 21 tirement date of the covered aircraft is deemed to be not 22 later than December 31, 2025. 23 (b) COVERED AIRCRAFT DEFINED.—In this section, 24 the term ‘‘covered aircraft’’ means the two VC–25A air- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 52 HR 5515 PCS craft of the Air Force that are in service as of the date 1 of the enactment of this Act. 2 SEC. 144. CONTRACT FOR LOGISTICS SUPPORT FOR VC–25B 3 AIRCRAFT. 4 The Secretary of the Air Force shall— 5 (1) ensure that the total period of any contract 6 awarded for logistics support for the VC–25B air- 7 craft does not exceed five years, as required under 8 part 17.204(e) of the Federal Acquisition Regula- 9 tion, unless otherwise approved in accordance with 10 established procedures; and 11 (2) comply with section 2304 of title 10, United 12 States Code, regarding full and open competition 13 through the use of competitive procedures for the 14 award of any logistics support contract following the 15 initial five-year contract period. 16 SEC. 145. MULTIYEAR PROCUREMENT AUTHORITY FOR C– 17 130J AIRCRAFT. 18 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.— 19 Subject to section 2306b of title 10, United States Code, 20 the Secretary of the Air Force may enter into one or more 21 multiyear contracts, beginning with the fiscal year 2019 22 program year, for the procurement of up to 52 C–130J 23 aircraft. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 53 HR 5515 PCS (b) CONDITION FOR OUT-YEAR CONTRACT PAY- 1 MENTS.—A contract entered into under subsection (a) 2 shall provide that any obligation of the United States to 3 make a payment under the contract for a fiscal year after 4 fiscal year 2019 is subject to the availability of appropria- 5 tions for that purpose for such later fiscal year. 6 SEC. 146. REMOVAL OF WAITING PERIOD FOR LIMITATION 7 ON AVAILABILITY OF FUNDS FOR EC–130H 8 COMPASS CALL RECAPITALIZATION PRO- 9 GRAM. 10 Section 135(a) of the National Defense Authorization 11 Act for Fiscal Year 2018 (Public Law 115–91) is amended 12 by striking ‘‘a period of 30 days has elapsed following’’. 13 SEC. 147. FINDINGS AND SENSE OF CONGRESS REGARDING 14 KC–46 AERIAL REFUELING TANKERS. 15 (a) FINDINGS.—Congress makes the following find- 16 ings: 17 (1) Aerial refueling tankers provide an essential 18 foundation for our nation’s ability to project power 19 and deter adversaries, enabling the global reach of 20 our joint force. 21 (2) 87 percent of the legacy aerial refueling 22 fleet is comprised of KC–135 aircraft with an aver- 23 age age of 56 years. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 54 HR 5515 PCS (3) The Commander of United States Trans- 1 portation Command has identified the aerial refuel- 2 ing fleet as the ‘‘most stressed of our air mobility 3 forces’’ and stated that ‘‘delaying KC–46 production 4 puts the Joint Force’s ability to effectively execute 5 war plans at risk’’. 6 (4) As directed by the National Defense Au- 7 thorization Act for Fiscal Year 2018 (Public Law 8 115–91), the Air Force is undertaking an updated 9 mobility capability and requirements study that will 10 reflect guidance articulated in the 2018 National 11 Defense Strategy and reassess the current tanker re- 12 quirement of 479 aircraft. 13 (5) The fixed-price contract for KC–46A calls 14 for 179 aircraft to be delivered by 2028. 15 (6) The KC–46 is a multirole platform that will 16 bring enhanced capabilities to both the aerial refuel- 17 ing and strategic airlift missions. The aircraft pro- 18 vides the ability to refuel joint and coalition aircraft 19 by both boom and drogue systems in the same sor- 20 tie; improved cargo, passenger and aeromedical evac- 21 uation capabilities; and enhanced survivability with 22 multiple layers of protection enabling it to operate 23 safely in a broader range of threat environments 24 than legacy tankers. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 55 HR 5515 PCS (7) The Government Accountability Office has 1 stated: ‘‘The KC–46 program’s total acquisition cost 2 estimate remained stable over the past year at 3 $44,400,000,000, which is about $7,300,000,000 4 less than the original estimate.’’ 5 (8) The Commander of Air Mobility Command 6 has stated that the KC–46 ‘‘will bring tremendous 7 capability to our joint warfighter’’. 8 (9) The Assistant Secretary of the Air Force 9 for Acquisition has stated: ‘‘Stability of require- 10 ments and funding are the keys to KC–46 program 11 success and will enable the Air Force to deliver this 12 new tanker ready for employment on day one.’’ 13 (10) The Military Deputy to the Assistant Sec- 14 retary of the Air Force for Acquisition has identified 15 the KC–46 as the Air Force’s second highest combat 16 aviation acquisition priority ‘‘for the role that it 17 plays in being able to power project’’. 18 (11) With the support of Congress, the Air 19 Force has executed three low rate initial production 20 contracts for a total of 34 aircraft. In fiscal year 21 2018, Congress provided funding for a fourth pro- 22 duction lot totaling 18 aircraft. 23 (12) A steady production rate of 1.3 aircraft 24 per month has been maintained through independent 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 56 HR 5515 PCS investment by industry in order to expedite deliveries 1 to the Air Force upon completion of developmental 2 testing and certification. 3 (b) SENSE OF CONGRESS.—It is the sense of Con- 4 gress that— 5 (1) the Air Force and industry should dedicate 6 the resources and manpower necessary to ensure the 7 first KC–46 is delivered in fiscal year 2018; 8 (2) the Air Force should maximize efficiency in 9 the test and certification process to ensure that— 10 (A) test points are not redundant; 11 (B) test plans are approved expeditiously; 12 (C) receiver aircraft are available to sup- 13 port test flights; and 14 (D) Air Force inputs necessary for Federal 15 Aviation Administration and military airworthi- 16 ness certifications are expedited; and 17 (3) the Assistant Secretary of the Air Force for 18 Acquisition and the Director of the Defense Con- 19 tract Management Agency should develop and imple- 20 ment a plan enabling the Air Force to accept and 21 field KC–46 aircraft at a rate higher than three air- 22 craft per month after the delivery of the first air- 23 craft. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 57 HR 5515 PCS SEC. 148. SENSE OF CONGRESS ON CONVERSION OF F–22 1 AIRCRAFT. 2 (a) FINDINGS.—Congress finds the following: 3 (1) Accelerating the modernization upgrade of 4 F–22A Block 20 training and test aircraft would 5 significantly increase the total available inventory of 6 combat-capable F–22A Block 35 fighter aircraft. 7 (2) Converting 34 F–22A Block 20 aircraft to 8 a Block 35 configuration would drastically improve 9 the readiness and health of the entire F–22A fleet 10 and increase flexibility to manage availability of the 11 combat-coded Block 35 fleet, which is accumulating 12 more operational flight hours than initially antici- 13 pated. 14 (3) Making the conversions described in para- 15 graph (2) would be a cost-effective way to increase 16 the F–22’s combat-capable force by 27 percent. 17 (4) If the conversion effort is not included in 18 future base budgets, it would be advisable for the 19 Department of Defense to support the effort as an 20 unfunded priority. 21 (b) SENSE OF CONGRESS.—It is the sense of Con- 22 gress that the Secretary of the Air Force should accelerate 23 modernization of the F–22 Block 20 training and test air- 24 craft as quickly as possible. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 58 HR 5515 PCS Subtitle E—Defense-wide, Joint, 1 and Multiservice Matters 2 SEC. 151. BUY-TO-BUDGET ACQUISITION OF F–35 AIRCRAFT. 3 Subject to section 2308 of title 10, United States 4 Code, using funds authorized to be appropriated by this 5 Act for the procurement of F–35 aircraft, the Secretary 6 of Defense may procure a quantity of F–35 aircraft in 7 excess of the quantity authorized by this Act if such addi- 8 tional procurement does not require additional funds to 9 be authorized to be appropriated because of production ef- 10 ficiencies or other cost reductions. 11 SEC. 152. CERTIFICATION ON INCLUSION OF TECHNOLOGY 12 TO MINIMIZE PHYSIOLOGICAL EPISODES IN 13 CERTAIN AIRCRAFT. 14 (a) CERTIFICATION REQUIRED.—Not later than 15 15 days before entering into a contract for the procurement 16 of a covered aircraft, the Secretary concerned shall submit 17 to the congressional defense committees a written state- 18 ment certifying that the aircraft to be procured under the 19 contract will include the most recent technological ad- 20 vancements necessary to minimize the impact of physio- 21 logical episodes on aircraft crewmembers. 22 (b) WAIVER.—The Secretary concerned may waive 23 the requirement of subsection (a) if the Secretary— 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 59 HR 5515 PCS (1) determines the waiver is required in the in- 1 terest of national security; and 2 (2) not later than 15 days before entering into 3 a contract for the procurement of a covered aircraft, 4 notifies the congressional defense committees of the 5 rationale for the waiver. 6 (c) TERMINATION.—The requirement to submit a 7 certification under subsection (a) shall terminate on Sep- 8 tember 30, 2021. 9 (d) DEFINITIONS.—In this section: 10 (1) The term ‘‘covered aircraft’’ means a fight- 11 er aircraft, an attack aircraft, or a fixed wing train- 12 er aircraft. 13 (2) The term ‘‘Secretary concerned’’ means— 14 (A) the Secretary of the Navy, with respect 15 to covered aircraft of Navy; and 16 (B) the Secretary of the Air Force, with 17 respect to covered aircraft of the Air Force. 18 SEC. 153. ARMORED COMMERCIAL PASSENGER-CARRYING 19 VEHICLES. 20 (a) IMPLEMENTATION OF GAO RECOMMENDA- 21 TIONS.—In accordance with the recommendations of the 22 Government Accountability Office in the report titled ‘‘Ar- 23 mored Commercial Vehicles: DOD Has Procurement 24 Guidance, but Army Could Take Actions to Enhance In- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 60 HR 5515 PCS spections and Oversight’’ (GAO-17-513), not later than 1 180 days after the date of the enactment of this Act, the 2 Secretary of Army shall— 3 (1) ensure that in-progress inspections are con- 4 ducted at the armoring vendor’s facility for each 5 procurement of an armored commercial passenger- 6 carrying vehicle until the date on which the Sec- 7 retary of Defense approves and implements an up- 8 dated armoring and inspection standard for such ve- 9 hicles; and 10 (2) designate a central point of contact for col- 11 lecting and reporting information on armored com- 12 mercial passenger-carrying vehicles (such as infor- 13 mation on contracts execution and vehicle inspec- 14 tions). 15 (b) BRIEFING REQUIRED.—Not later than 180 days 16 after the date of the enactment of this Act, the Secretary 17 of Defense shall provide to the congressional defense com- 18 mittees a briefing on the progress of the Secretary in im- 19 plementing Department of Defense Instruction O– 20 2000.16 Volume 1, dated November 2016, with respect 21 to armored commercial passenger-carrying vehicles, in- 22 cluding— 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 61 HR 5515 PCS (1) whether criteria for the procurement of such 1 vehicles have been established and distributed to the 2 relevant components of the Department; and 3 (2) whether a process is in place for ensuring 4 that the relevant components of the Department in- 5 corporate those criteria into contracts for such vehi- 6 cles. 7 TITLE II—RESEARCH, DEVELOP- 8 MENT, TEST, AND EVALUA- 9 TION 10 Subtitle A—Authorization Of 11 Appropriations 12 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 13 Funds are hereby authorized to be appropriated for 14 fiscal year 2019 for the use of the Department of Defense 15 for research, development, test, and evaluation, as speci- 16 fied in the funding table in section 7201. 17 Subtitle B—Program Require- 18 ments, Restrictions, and Limita- 19 tions 20 SEC. 211. MODIFICATION OF AUTHORITY TO CARRY OUT 21 CERTAIN PROTOTYPE PROJECTS. 22 Section 2371b(f) of title 10, United States Code, is 23 amended by adding at the end the following new para- 24 graphs: 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 62 HR 5515 PCS ‘‘(4) Contracts or transactions entered into pursuant 1 to this subsection that are expected to cost the Depart- 2 ment of Defense in excess of $100,000,000 but not in ex- 3 cess of $500,000,000 (including all options) may be 4 awarded only upon written determination by the senior 5 procurement executive for the agency as designated for the 6 purpose of section 1702(c) of title 41, or, by the senior 7 procurement executive for the Defense Advanced Research 8 Projects Agency that award of the contract or transaction 9 is essential to meet critical national security interests. 10 ‘‘(5) Contracts and transactions entered into pursu- 11 ant to this subsection that are expected to cost the Depart- 12 ment of Defense in excess of $500,000,000 (including all 13 options) may be awarded only if— 14 ‘‘(A) the Under Secretary of Defense for Acqui- 15 sition and Sustainment determines in writing that 16 award of the contract or transaction is essential to 17 meet critical national security objectives; and 18 ‘‘(B) the congressional defense committees are 19 notified in writing not later than 30 days before 20 award of the contract or transaction.’’. 21 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 63 HR 5515 PCS SEC. 212. EXTENSION OF DIRECTED ENERGY PROTOTYPE 1 AUTHORITY. 2 Section 219(c)(4) of the National Defense Authoriza- 3 tion Act for Fiscal Year 2017 (Public Law 114–328; 10 4 U.S.C. 2431 note) is amended— 5 (1) in subparagraph (A), by striking ‘‘Except as 6 provided in subparagraph (B)’’ and inserting ‘‘Ex- 7 cept as provided in subparagraph (C)’’; 8 (2) by redesignating subparagraph (B) as sub- 9 paragraph (C); 10 (3) by inserting after subparagraph (A) the fol- 11 lowing: 12 ‘‘(B) Except as provided in subparagraph (C) 13 and subject to the availability of appropriations for 14 such purpose, of the funds authorized to be appro- 15 priated by the National Defense Authorization Act 16 for Fiscal Year 2019 or otherwise made available for 17 fiscal year 2019 for research, development, test, and 18 evaluation, defense-wide, up to $100,000,000 may be 19 available to the Under Secretary to allocate to the 20 military departments, the defense agencies, and the 21 combatant commands to carry out the program es- 22 tablished under paragraph (1).’’; and 23 (4) in subparagraph (C), as so redesignated, by 24 striking ‘‘made available under subparagraph (A)’’ 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 64 HR 5515 PCS and inserting ‘‘made available under subparagraph 1 (A) or subparagraph (B)’’. 2 SEC. 213. PROHIBITION ON AVAILABILITY OF FUNDS FOR 3 THE WEATHER COMMON COMPONENT PRO- 4 GRAM. 5 (a) PROHIBITION.—None of the funds authorized to 6 be appropriated by this Act or otherwise made available 7 for fiscal year 2019 for research, development, test, and 8 evaluation, Air Force, for weather service (PE 0305111F, 9 Project 672738) for product development, test and evalua- 10 tion, and management services associated with the Weath- 11 er Common Component program may be obligated or ex- 12 pended. 13 (b) REPORT REQUIRED.— 14 (1) IN GENERAL.—The Secretary of the Air 15 force shall submit to the congressional defense com- 16 mittees a report on technologies and capabilities 17 that— 18 (A) provide real-time or near real-time me- 19 teorological situational awareness data through 20 the use of sensors installed on manned and un- 21 manned aircraft; and 22 (B) were developed primarily using funds 23 of the Department of Defense. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 65 HR 5515 PCS (2) ELEMENTS.—The report under paragraph 1 (1) shall include— 2 (A) a description of all technologies and 3 capabilities described in paragraph (1) that 4 exist as of the date on which the report is sub- 5 mitted; 6 (B) a description of any testing activities 7 that have been completed for such technologies 8 and capabilities, and the results of those testing 9 activities; 10 (C) the total amount of funds used by the 11 Department of Defense for the development of 12 such technologies and capabilities; 13 (D) a list of capability gaps or shortfalls in 14 any major commands of the Air Force relating 15 to the gathering, processing, exploitation, and 16 dissemination of real-time or near real-time me- 17 teorological situational awareness data for un- 18 manned systems; 19 (E) an explanation of how such gaps or 20 shortfalls may be remedied to supplement the 21 weather forecasting capabilities of the Air Force 22 and to enhance the efficiency or effectiveness of 23 combat air power; and 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 66 HR 5515 PCS (F) a plan for fielding existing technologies 1 and capabilities to mitigate such gaps or short- 2 falls. 3 SEC. 214. LIMITATION PENDING CERTIFICATION ON THE 4 JOINT SURVEILLANCE TARGET ATTACK 5 RADAR SYSTEM RECAPITALIZATION PRO- 6 GRAM. 7 (a) LIMITATION.—Until a period of 15 days has 8 elapsed following the date on which the Secretary of the 9 Air Force submits to the congressional defense committees 10 the certification described in subsection (b)— 11 (1) of the total amount of funds authorized to 12 be appropriated by this Act or otherwise made avail- 13 able for the Air Force for fiscal year 2019 for the 14 covered programs not more than 50 percent may be 15 obligated or expended for the programs; and 16 (2) the Secretary of the Air Force may not di- 17 vest more than one legacy E–8 Joint Surveillance 18 Target Attack Radar System aircraft. 19 (b) CERTIFICATION.—The certification described in 20 this subsection is a written statement of the Secretary of 21 the Air Force certifying that— 22 (1) the Secretary has awarded one or more con- 23 tracts under the Joint Surveillance Target Attack 24 Radar System recapitalization program for— 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 67 HR 5515 PCS (A) engineering, manufacturing, and devel- 1 opment; 2 (B) low-rate initial production; 3 (C) production; and 4 (D) initial contractor support; and 5 (2) the program is proceeding in accordance 6 with the plans for the program set forth in the 7 budget request of the President submitted to Con- 8 gress under section 1105 of title 31, United States 9 Code, for fiscal year 2018. 10 (c) GAO REPORT AND BRIEFING.— 11 (1) REPORT REQUIRED.—Not later than March 12 1, 2020, the Comptroller General of the United 13 States shall submit to the congressional defense 14 committees a report on Increment 1, Increment 2, 15 and Increment 3 of the 21st Century Advanced Bat- 16 tle-Management System of Systems capability of the 17 Air Force. The report shall include a review of— 18 (A) the technologies that compose the ca- 19 pability and the level of maturation of such 20 technologies; 21 (B) the resources budgeted for the capa- 22 bility; 23 (C) the fielding plan for the capability; 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 68 HR 5515 PCS (D) any risk assessments associated with 1 the capability; and 2 (E) the overall acquisition strategy for the 3 capability. 4 (2) INTERIM BRIEFING.—Not later than March 5 1, 2019, the Comptroller General of the United 6 States shall provide to the Committee on Armed 7 Services of the House of Representatives a briefing 8 on the topics to be covered by the report under para- 9 graph (1), including any preliminary data and any 10 issues or concerns of the Comptroller General relat- 11 ing to the report. 12 (d) AIR FORCE REPORT.—Not later than February 13 5, 2019, the Secretary of the Air Force shall submit to 14 the congressional defense committees a report on the leg- 15 acy fleet of E–8C Joint Surveillance Target Attack Radar 16 System aircraft that includes— 17 (1) the modernization and sustainment strat- 18 egy, and associated costs, for the airframe and mis- 19 sion systems that will be used to maintain the legacy 20 fleet of such aircraft until the Joint Surveillance 21 Target Attack Radar System recapitalization pro- 22 gram achieves initial operational capability; and 23 (2) a plan that describes how the Secretary 24 will— 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 69 HR 5515 PCS (A) continue to provide combatant com- 1 manders with the current level of E–8C force 2 support; 3 (B) accelerate the Joint Surveillance Tar- 4 get Attack Radar System recapitalization pro- 5 gram to significantly decrease the time needed 6 to achieve initial operational capability without 7 adversely affecting currently programmed E–8C 8 manpower levels; and 9 (C) maintain acceptable levels of risk while 10 carrying out the activities described in subpara- 11 graphs (A) and (B). 12 (e) PROGRAM OFFICE PERSONNEL.—Using funds 13 authorized to be appropriated by this Act or otherwise 14 made available for the Air Force for fiscal year 2019 for 15 the Joint Surveillance Target Attack Radar System re- 16 capitalization program, the Secretary of the Air Force 17 may obligate and expend funds necessary for civilian pay 18 expenses required to manage, execute, and deliver the 19 Joint Surveillance Target Attack Radar System recapital- 20 ization weapon system capability. 21 (f) COVERED PROGRAM DEFINED.—In this section, 22 the term ‘‘covered program’’ means any program com- 23 prising Increment 1, Increment 2, or Increment 3, of the 24 21st Century Advanced Battle-Management System of 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 70 HR 5515 PCS Systems capability of the Air Force, except the term does 1 not include any activities under the legacy E–8C program 2 or the Joint Surveillance Target Attack Radar System re- 3 capitalization program of the Air Force. 4 SEC. 215. LIMITATION ON AVAILABILITY OF FUNDS FOR F– 5 35 CONTINUOUS CAPABILITY DEVELOPMENT 6 AND DELIVERY. 7 (a) LIMITATION.—Except as provided in subsection 8 (b), of the funds authorized to be appropriated by this Act 9 or otherwise made available for fiscal year 2019 for the 10 F–35 continuous capability development and delivery pro- 11 gram, not more than 75 percent may be obligated or ex- 12 pended until a period of 15 days has elapsed following the 13 date on which the Secretary of Defense submits to the 14 congressional defense committees a detailed cost estimate 15 and baseline schedule for the program, which shall include 16 any information required for a major defense acquisition 17 program under section 2435 of title 10, United States 18 Code. 19 (b) EXCEPTION.—The limitation in subsection (a) 20 does not apply to any funds authorized to be appropriated 21 or otherwise made available for the development of the F– 22 35 dual capable aircraft capability. 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 71 HR 5515 PCS SEC. 216. LIMITATION ON AVAILABILITY OF FUNDS PEND- 1 ING REPORT ON AGILE SOFTWARE DEVELOP- 2 MENT AND SOFTWARE OPERATIONS. 3 (a) LIMITATION.—Of the of funds described in sub- 4 section (d), not more than 75 percent may be obligated 5 or expended until a period of 30 days has elapsed following 6 the date on which the Secretary of the Air Force submits 7 the report required under subsection (b). 8 (b) REPORT.—Subject to subsection (c), the Sec- 9 retary of the Air Force shall submit to the congressional 10 defense committees a report that includes a description 11 of each of the following: 12 (1) The specific cost-estimating tools and meth- 13 odologies used to formulate Air Force budgets for 14 software application development using Agile Soft- 15 ware Development and Software Operations (re- 16 ferred to in this section as ‘‘Agile DevOps’’) in sup- 17 port of modernization and upgrade activities for Air 18 Operations Centers. 19 (2) The types of contracts used to execute Agile 20 DevOps activities and the rationale for using each 21 type of contract. 22 (3) How intellectual property ownership issues 23 associated with software applications developed with 24 Agile DevOps processes will be addressed to ensure 25 future sustainment, maintenance, and upgrades to 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 72 HR 5515 PCS software applications after the applications are field- 1 ed. 2 (4) The Secretary’s strategy for ensuring that 3 software applications developed for Air Operations 4 Centers are transportable and translatable among all 5 the Centers to avoid any duplication of efforts. 6 (5) Any tools and software applications that 7 have been developed for the Air Operations Centers 8 and the costs and cost categories associated with de- 9 veloping each such tool and software application. 10 (c) REVIEW.—Before submitting the report under 11 subsection (b), the Secretary of the Air Force shall ensure 12 that the report is reviewed and approved by the Director 13 of Defense Pricing and the Defense Procurement and Ac- 14 quisition Policy. 15 (d) FUNDS DESCRIBED.—The funds described in this 16 subsection are the following: 17 (1) Funds authorized to be appropriated by this 18 Act or otherwise made available for fiscal year 2019 19 for research, development, test, and evaluation, Air 20 Force, for Air and Space Operations Centers (PE 21 0207410F, Project 674596). 22 (2) Funds authorized to be appropriated by this 23 Act or otherwise made available for fiscal year 2019 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 73 HR 5515 PCS for other procurement, Air Force, for Air and Space 1 Operations Centers. 2 SEC. 217. LIMITATION ON AVAILABILITY OF FUNDS FOR 3 CERTAIN HIGH ENERGY LASER ADVANCED 4 TECHNOLOGY. 5 (a) LIMITATION.—Of the funds authorized to be ap- 6 propriated by this Act or otherwise made available for fis- 7 cal year 2019 for the Department of Defense for High 8 Energy Laser Advanced Technology (PE 0603924D8Z), 9 not more than 50 percent may be obligated or expended 10 until the date on which the Secretary of Defense submits 11 to the congressional defense committees— 12 (1) a logical roadmap and detailed assessment 13 of the high energy laser programs of the Depart- 14 ment of Defense; and 15 (2) a justification for the $33,533,000 of in- 16 creased funding for high energy laser programs au- 17 thorized in the National Defense Authorization Act 18 for Fiscal Year 2018 (Public Law 115–91). 19 (b) RULE OF CONSTRUCTION.—The limitation in 20 subsection (a) shall not be construed to apply to any other 21 high energy laser program of the Department of Defense 22 other than the program element specified in such sub- 23 section. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 74 HR 5515 PCS SEC. 218. PLAN FOR ELIMINATION OR TRANSFER OF THE 1 STRATEGIC CAPABILITIES OFFICE OF THE 2 DEPARTMENT OF DEFENSE. 3 (a) PLAN REQUIRED.—Not later than March 1, 4 2019, the Secretary of Defense, acting through the Under 5 Secretary of Defense for Research and Engineering, shall 6 submit to the congressional defense committees a plan— 7 (1) to eliminate the Strategic Capabilities Office 8 of the Department of Defense by not later than Oc- 9 tober 1, 2020; or 10 (2) to transfer the functions of the Strategic 11 Capabilities Office to another organization or ele- 12 ment of the Department by not later than October 13 1, 2020. 14 (b) ELEMENTS.—The plan required under subsection 15 (a) shall include the following: 16 (1) A timeline for the potential elimination or 17 transfer of the activities, functions, programs, plans, 18 and resources of the Strategic Capabilities Office. 19 (2) A strategy for mitigating risk to the pro- 20 grams of the Strategic Capabilities Office while the 21 elimination or transfer is carried out. 22 (3) A strategy for implementing the lessons 23 learned and best practices of the Strategic Capabili- 24 ties Office across the organizations and elements of 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 75 HR 5515 PCS the Department of Defense to promote enterprise- 1 wide innovation. 2 (c) FORM OF PLAN.—The plan required under sub- 3 section (a) shall be submitted in unclassified form, but 4 may include a classified annex. 5 SEC. 219. NATIONAL SECURITY SCIENCE AND TECHNOLOGY 6 STRATEGY. 7 (a) STRATEGY.—Not later than February 4, 2019, 8 the Secretary of Defense shall develop and implement a 9 strategy (to be known as the ‘‘National Security Science 10 and Technology Strategy’’) to prioritize the science and 11 technology efforts and investments of the Department of 12 Defense. 13 (b) ELEMENTS.—The strategy under subsection (a) 14 shall— 15 (1) include specific goals for the science and 16 technology programs of the Department of Defense 17 in which personnel and resources of the Department 18 are invested; 19 (2) be aligned with the National Defense Strat- 20 egy and Government-wide strategic science and tech- 21 nology priorities, including the defense budget prior- 22 ities of the Office of Science and Technology Policy 23 of the President; 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 76 HR 5515 PCS (3) align the acquisition priorities, programs, 1 and timelines of the Department with the acquisition 2 priorities, programs, and timelines of defense enter- 3 prise laboratories and services; 4 (4) contain an assessment of high priority 5 emerging technology programs of the Department, 6 including programs relating to hypersonics, directed 7 energy, synthetic biology, and artificial intelligence; 8 (5) identify high priority research and engineer- 9 ing requirements and gaps; 10 (6) include recommendations for changes in au- 11 thorities, regulations, policies, or any other relevant 12 areas, that would support the achievement of the 13 goals set forth in the strategy; and 14 (7) contain such other information as the Sec- 15 retary of Defense determines to be appropriate. 16 (c) ANNUAL SUBMISSION.— 17 (1) IN GENERAL.—Not later than February 4, 18 2019, and annually thereafter through December 31, 19 2021, the Secretary of Defense shall submit to the 20 congressional defense committees the most recent 21 version of the strategy developed under subsection 22 (a). 23 (2) FORM OF SUBMISSION.—Each strategy sub- 24 mitted under paragraph (1) shall be submitted in 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 77 HR 5515 PCS unclassified form, but may include a classified 1 annex. 2 (d) BRIEFING.—Not later than 14 days after the date 3 on which the initial strategy under subsection (a) is com- 4 pleted, the Under Secretary of Defense for Research and 5 Engineering shall provide to the Committees on Armed 6 Services of the Senate and the House of Representatives 7 a briefing on the implementation of the strategy. 8 SEC. 220. MODIFICATION OF CVN–73 TO SUPPORT FIELDING 9 OF MQ–25 UNMANNED AERIAL VEHICLE. 10 The Secretary of the Navy shall ensure that the air- 11 craft carrier designated CVN–73 is modified to support 12 the fielding of the MQ–25 unmanned aerial vehicle before 13 the date on which the refueling and complex overhaul of 14 the aircraft carrier is completed. 15 SEC. 220A. ESTABLISHMENT OF INNOVATORS DATABASE IN 16 THE DEPARTMENT OF DEFENSE. 17 (a) IN GENERAL.—Not later than one year after the 18 date of the enactment of this Act, the Secretary of Defense 19 shall establish an innovators database within the Depart- 20 ment of Defense in accordance with this section. 21 (b) MAINTENANCE OF DATABASE.—The Under Sec- 22 retary of Defense for Research and Engineering shall 23 maintain the database and ensure that it is periodically 24 updated. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 78 HR 5515 PCS (c) ELEMENTS OF DATABASE.—The database estab- 1 lished under subsection (a) shall— 2 (1) be coordinated across the Department of 3 Defense enterprise to focus on small business 4 innovators that receive funds under the Small Busi- 5 ness Innovation Research program or the Small 6 Business Technology Transfer program; and 7 (2) include appropriate information about each 8 participant, including a description of— 9 (A) the need or requirement applicable to 10 the participant; 11 (B) the participant’s technology with ap- 12 propriate technical detail and appropriate pro- 13 tections of proprietary information or data; 14 (C) any prior business of the participant 15 with the Department; and 16 (D) whether the participant’s technology 17 was incorporated into a program of record. 18 (d) USE OF DATABASE.—After the database is estab- 19 lished under subsection (a), the Secretary of Defense shall 20 encourage program offices across the Department of De- 21 fense to consult the database before initiating a Request 22 for Information or a Request for Proposal to determine 23 whether an organic technology exists or is being developed 24 currently by a an entity supported by the Department 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00078 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 79 HR 5515 PCS (which may include a company, academic consortium, or 1 other entity). 2 SEC. 220B. STRATEGIC PLAN FOR DEPARTMENT OF DE- 3 FENSE TEST AND EVALUATION RESOURCES. 4 Section 196(d) of title 10, United States Code, is 5 amended— 6 (1) by amending paragraph (1) to read as fol- 7 lows: ‘‘(1) Not less often than once every two fiscal 8 years, the Under Secretary of Defense for Research 9 and Engineering, in coordination with the Director 10 of the Defense Intelligence Agency, the Secretaries 11 of the military departments, and the heads of De- 12 fense Agencies with test and evaluation responsibil- 13 ities, shall complete a strategic plan reflecting the 14 future needs of the Department of Defense with re- 15 spect to test and evaluation facilities and resources. 16 Each strategic plan shall cover the period of thirty 17 fiscal years beginning with the fiscal year in which 18 the plan is submitted under paragraph (3). The 19 strategic plan shall be based on a comprehensive re- 20 view of both funded and unfunded test and evalua- 21 tion requirements of the Department, future threats 22 to national security, and the adequacy of the test 23 and evaluation facilities and resources of the Depart- 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00079 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 80 HR 5515 PCS ment to meet those future requirements and 1 threats.’’; and 2 (2) in paragraph (2)(C), by striking ‘‘needed to 3 meet such requirements’’ and inserting ‘‘needed to 4 meet current and future requirements based on cur- 5 rent and emerging threats, including, at minimum, 6 missile defense, cyberspace operations, direct energy, 7 and hypersonics,’’. 8 SEC. 220C. COLLABORATION BETWEEN DEFENSE LABORA- 9 TORIES, INDUSTRY, AND ACADEMIA; OPEN 10 CAMPUS PROGRAM. 11 (a) COLLABORATION.—The Secretary of Defense 12 may carry out activities to prioritize innovative collabora- 13 tion between Department of Defense laboratories, indus- 14 try, and academia. 15 (b) OPEN CAMPUS PROGRAM.—In carrying out sub- 16 section (a), the Secretary of Defense, acting through the 17 Commander of the Air Force Research Laboratory, may 18 develop and implement an open campus program for the 19 Laboratory which shall be modeled after the open campus 20 program of the Army Research Laboratory. 21 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 81 HR 5515 PCS SEC. 220D. ENTREPRENEURIAL EDUCATION PROGRAM FOR 1 PERSONNEL OF DEPARTMENT OF DEFENSE 2 LABORATORIES. 3 In order to promote a strong, lasting foundation for 4 the national innovation ecosystem and increase the posi- 5 tive economic and social impact of federally funded re- 6 search, the Secretary of Defense may— 7 (1) carry out a program (commonly known as 8 an ‘‘I-Corps program’’) under which entrepreneur- 9 ship and commercialization education, training, and 10 mentoring is provided to personnel of Department of 11 Defense laboratories; and 12 (2) determine eligibility requirements for the 13 program. 14 SEC. 220E. PROCESS FOR COORDINATION OF STUDIES AND 15 ANALYSIS RESEARCH OF THE DEPARTMENT 16 OF DEFENSE. 17 The Secretary of Defense shall implement a Depart- 18 ment of Defense-wide process under which the heads of 19 the military departments and Defense Agencies respon- 20 sible for managing requests for studies and analysis re- 21 search are required to coordinate annual research requests 22 and ongoing research efforts to minimize duplication and 23 reduce costs. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 82 HR 5515 PCS SEC. 220F. JET NOISE REDUCTION PROGRAM OF THE NAVY. 1 (a) IN GENERAL.—The Secretary of the Navy, acting 2 through the Director of the Office of Naval Research, may 3 carry out a jet noise reduction program to study the phys- 4 ics of, and reduce, jet noise produced by high-performance 5 military aircraft. 6 (b) ELEMENTS.—In carrying out the program under 7 subsection (a), the Secretary may— 8 (1) identify material and non-material solutions 9 to reduce jet noise; 10 (2) develop and transition such solutions to the 11 fleet; 12 (3) communicate relevant discoveries to the ci- 13 vilian aviation community; and 14 (4) support the development of theoretical noise 15 models, computational prediction tools, noise control 16 strategies, diagnostic tools, and enhanced source lo- 17 calization. 18 SEC. 220G. PERMANENT EXTENSION AND CODIFICATION OF 19 AUTHORITY TO CONDUCT TECHNOLOGY PRO- 20 TECTION FEATURES ACTIVITIES DURING RE- 21 SEARCH AND DEVELOPMENT OF DEFENSE 22 SYSTEMS. 23 (a) IN GENERAL.—Chapter 139 of title 10, United 24 States Code, is amended by inserting before section 2358 25 the following new section: 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 83 HR 5515 PCS ‘‘§ 2357. Technology protection features activities 1 ‘‘(a) ACTIVITIES.—The Secretary of Defense may 2 carry out activities to develop and incorporate technology 3 protection features in a designated system during the re- 4 search and development phase of such system. 5 ‘‘(b) COST-SHARING.—Any contract for the design or 6 development of a system resulting from activities under 7 subsection (a) for the purpose of enhancing or enabling 8 the exportability of the system, either for the development 9 of program protection strategies for the system or the de- 10 sign and incorporation of exportability features into the 11 system, shall include a cost-sharing provision that requires 12 the contractor to bear half of the cost of such activities, 13 or such other portion of such cost as the Secretary con- 14 siders appropriate upon showing of good cause. 15 ‘‘(c) DEFINITIONS.—In this section: 16 ‘‘(1) The term ‘designated system’ means any 17 system (including a major system, as defined in sec- 18 tion 2302(5) of title 10, United States Code) that 19 the Under Secretary of Defense for Acquisition and 20 Sustainment designates for purposes of this section. 21 ‘‘(2) The term ‘technology protection features’ 22 means the technical modifications necessary to pro- 23 tect critical program information, including anti- 24 tamper technologies and other systems engineering 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 84 HR 5515 PCS activities intended to prevent or delay exploitation of 1 critical technologies in a designated system.’’. 2 (b) CLERICAL AMENDMENT.—The table of sections 3 at the beginning of chapter 139 of title 10, United States 4 Code, is amended by inserting before the item relating to 5 section 2358 the following new item: 6 ‘‘2357. Technology protection features activities.’’. (c) CONFORMING REPEAL.—Section 243 of the Ike 7 Skelton National Defense Authorization Act for Fiscal 8 Year 2011 (10 U.S.C. 2358 note) is repealed. 9 SEC. 220H. STEM JOBS ACTION PLAN. 10 (a) FINDINGS.—Congress finds the following: 11 (1) Jobs in science, technology, engineering, 12 and math in addition to maintenance and manufac- 13 turing (collectively referred to in this section as 14 ‘‘STEM’’) make up a significant portion of the 15 workforce of the Department of Defense. 16 (2) These jobs exist within the organic indus- 17 trial base, research, development, and engineering 18 centers, life-cycle management commands, and logis- 19 tics centers of the Department. 20 (3) Vital to the continued support of the mis- 21 sion of all of the military services, the Department 22 needs to maintain its STEM workforce. 23 (4) It is known that the demographics of per- 24 sonnel of the Department indicate that many of the 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00084 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 85 HR 5515 PCS STEM personnel of the Department will be eligible 1 to retire in the next few years. 2 (5) Decisive action is needed to replace STEM 3 personnel as they retire to ensure that the military 4 does not further suffer a skill and knowledge gap 5 and thus a serious readiness gap. 6 (b) ASSESSMENTS AND PLAN OF ACTION.—The Sec- 7 retary of Defense, in conjunction with the Secretary of 8 each military department, shall— 9 (1) perform an assessment of the STEM work- 10 force for organizations within the Department of 11 Defense, including the numbers and types of posi- 12 tions and the expectations for losses due to retire- 13 ments and voluntary departures; 14 (2) identify the types and quantities of STEM 15 jobs needed to support future mission work; 16 (3) determine the shortfall between lost STEM 17 personnel and future requirements; 18 (4) analyze and explain the appropriateness and 19 impact of using reimbursable and working capital 20 fund dollars for new STEM hires; 21 (5) identify a plan of action to address the 22 STEM jobs gap, including hiring strategies and 23 timelines for replacement of STEM employees; and 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 86 HR 5515 PCS (6) deliver to Congress, not later than Decem- 1 ber 31, 2019, a report specifying such plan of ac- 2 tion. 3 Subtitle C—Reports and Other 4 Matters 5 SEC. 221. REPORT ON SURVIVABILITY OF AIR DEFENSE AR- 6 TILLERY. 7 (a) REPORT REQUIRED.—Not later than March 1, 8 2019, the Secretary of the Army shall submit to the Com- 9 mittees on Armed Services of the Senate and the House 10 of Representatives a report on the efforts of the Army to 11 improve the survivability of air defense artillery, with a 12 particular focus on the efforts of the Army to improve pas- 13 sive and active nonkinetic capabilities and training with 14 respect to such artillery. 15 (b) ELEMENTS.—The report required under sub- 16 section (a) shall include the following: 17 (1) An analysis of the utility of relevant passive 18 and active non-kinetic integrated air and missile de- 19 fense capabilities, including tactical mobility, new 20 passive and active sensors, signature reduction, con- 21 cealment, and deception systems, and electronic war- 22 fare and high-powered radio frequency systems. 23 (2) An analysis of the utility of relevant active 24 kinetic capabilities, such as a new, long-range 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00086 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 87 HR 5515 PCS counter-maneuvering threat missile and additional 1 indirect fire protection capability units to defend Pa- 2 triot and Terminal High Altitude Area Defense bat- 3 teries. 4 (c) FORM OF REPORT.—The report required under 5 subsection (a) shall be submitted in unclassified form, but 6 may contain a classified annex. 7 SEC. 222. REPORT ON T–45 AIRCRAFT PHYSIOLOGICAL EPI- 8 SODE MITIGATION ACTIONS. 9 (a) REPORT REQUIRED.—Not later than March 1, 10 2019, the Secretary of the Navy shall submit to the con- 11 gressional defense committees a report on modifications 12 made to T–45 aircraft and associated ground equipment 13 to mitigate the risk of physiological episodes among T– 14 45 aircraft crewmembers. 15 (b) ELEMENTS.—The report required under sub- 16 section (a) shall include— 17 (1) a list of all modifications to the T–45 air- 18 craft and associated ground equipment carried out 19 during fiscal years 2017 through 2019 to mitigate 20 the risk of physiological episodes among T–45 crew- 21 members; 22 (2) the results achieved by such modifications 23 as determined by relevant testing and operational 24 activities; 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00087 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 88 HR 5515 PCS (3) the cost of such modifications; and 1 (4) any plans of the Navy for future modifica- 2 tions. 3 SEC. 223. REPORT ON EFFORTS OF THE AIR FORCE TO 4 MITIGATE PHYSIOLOGICAL EPISODES AF- 5 FECTING AIRCRAFT CREWMEMBERS. 6 (a) REPORT REQUIRED.—Not later than March 1, 7 2019, the Secretary of the Air Force shall submit to the 8 congressional defense committees a report on all efforts 9 of the Air Force to reduce the occurrence of, and mitigate 10 the risk posed by, physiological episodes affecting crew- 11 members of covered aircraft. 12 (b) ELEMENTS.—The report required under sub- 13 section (a) shall include— 14 (1) information on the rate of physiological epi- 15 sodes affecting crewmembers of covered aircraft; 16 (2) a description of the specific actions carried 17 out by the Air Force to address such episodes, in- 18 cluding a description of any upgrades or other modi- 19 fications made to covered aircraft to address such 20 episodes; 21 (3) schedules and cost estimates for any up- 22 grades or modifications identified under paragraph 23 (3); and 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00088 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 89 HR 5515 PCS (4) an explanation of any organizational or 1 other changes to the Air Force carried out to ad- 2 dress such physiological episodes. 3 (c) COVERED AIRCRAFT DEFINED.—In this section, 4 the term ‘‘covered aircraft’’ means— 5 (1) F–35A aircraft of the Air Force; 6 (2) T–6A aircraft of the Air Force; and 7 (3) any other aircraft of the Air Force as deter- 8 mined by the Secretary of the Air Force. 9 SEC. 224. BRIEFING ON USE OF QUANTUM SCIENCES FOR 10 MILITARY APPLICATIONS AND OTHER PUR- 11 POSES. 12 (a) BRIEFING REQUIRED.—Not later than 180 days 13 after the date of the enactment of this Act, the Secretary 14 of Defense shall provide to the congressional defense com- 15 mittees a briefing on the strategy of the Secretary for 16 using quantum sciences for military applications and other 17 purposes. 18 (b) ELEMENTS.—The briefing under subsection (a) 19 shall include— 20 (1) a description of the knowledge-base of the 21 Department of Defense with respect to quantum 22 sciences, plans to defend against quantum based at- 23 tacks, and any plans of the Secretary of Defense to 24 enhance such knowledge-base; 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00089 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 90 HR 5515 PCS (2) a plan that describes how the Secretary in- 1 tends to use quantum sciences for military applica- 2 tions and to meet other needs of the Department; 3 and 4 (3) an assessment of the efforts of foreign pow- 5 ers to use quantum sciences for military applications 6 and other purposes. 7 (c) FORM OF BRIEFING.—The briefing under sub- 8 section (a) may be provided in classified or unclassified 9 form. 10 SEC. 225. REPORT ON DEFENSE INNOVATION UNIT EXPERI- 11 MENTAL. 12 Not later than May 1, 2019, the Under Secretary of 13 Defense for Research and Engineering shall submit to the 14 congressional defense committees a report on Defense In- 15 novation Unit Experimental (in this section referred to as 16 the ‘‘Unit’’). Such a report shall include the following: 17 (1) The integration of the Unit into the broader 18 Department of Defense research and engineering 19 community to coordinate and de-conflict activities of 20 the Unit with similar activities of the military de- 21 partments, Defense Agencies, Department of De- 22 fense laboratories, the Defense Advanced Research 23 Project Agency, and other entities. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 91 HR 5515 PCS (2) The metrics used to measure the effective- 1 ness of the Unit and the results of these metrics. 2 (3) The number and types of transitions by the 3 Unit to the military departments or fielded to the 4 warfighter. 5 (4) The use of other transaction authority by 6 the Unit to include the process, procedures, docu- 7 mentation, and oversight of awards made using such 8 authority. 9 (5) The impact of the Unit’s initiatives, out- 10 reach, and investments on Department of Defense 11 access to technology leaders and technology not oth- 12 erwise accessible to the Department including— 13 (A) identification of the number of non- 14 traditional companies with Department of De- 15 fense contracts resulting directly from the 16 Unit’s initiatives, investments, or outreach; 17 (B) the number of innovations delivered 18 into the hands of the warfighter; and 19 (C) how the Department is notifying its in- 20 ternal components about participation in the 21 Unit. 22 (6) How the Department of Defense is docu- 23 menting and institutionalizing lessons learned and 24 best practices of the Unit to alleviate the systematic 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 92 HR 5515 PCS problems with technology access and timely contract 1 execution. 2 SEC. 226. INCREASE IN FUNDING FOR DIVERTOR TEST 3 TOKAMAK RESEARCH AND DEVELOPMENT. 4 (a) INCREASE.—Notwithstanding the amounts set 5 forth in the funding tables in division G, the amount au- 6 thorized to be appropriated in section 7701 for Depart- 7 ment of Energy National Security Programs, as specified 8 in the corresponding funding table in section 7701, for 9 research, development, test, and evaluation, inertial con- 10 finement fusion ignition and high yield, is hereby in- 11 creased by $3,000,000 (to be used for divertor test 12 tokamak research and development). 13 (b) OFFSET.—Notwithstanding the amounts set forth 14 in the funding tables in division G, the amount authorized 15 to be appropriated in section 7101 for procurement, as 16 specified in the corresponding funding table in section 17 7101, for procurement of ammunition, Air Force, flares 18 (Line 015) is hereby reduced by $3,000,000. 19 SEC. 227. BRIEFING ON INNOVATIVE MOBILE SECURITY 20 TECHNOLOGY CAPABILITIES. 21 (a) SENSE OF CONGRESS.—It is the sense of the Con- 22 gress that— 23 (1) government-owned mobile technologies re- 24 main at risk for targeting or data breaches placing 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00092 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 93 HR 5515 PCS at risk information that could harm national secu- 1 rity; and 2 (2) further, these vulnerabilities exist because 3 current technologies do not possess the necessary se- 4 curity features required to mitigate the threats of 5 credential theft, active surveillance from micro- 6 phones and cameras, and tracking of user move- 7 ments and location. 8 (b) BRIEFING REQUIRED.—Not later than 90 days 9 after the date of the enactment of this Act, the Secretary 10 of Defense shall provide to the Committees on Armed 11 Services of the Senate and the House of Representatives 12 a briefing on— 13 (1) threats posed by credential theft, active sur- 14 veillance from microphones and cameras, and track- 15 ing of user movements and location; 16 (2) the commercial availability of technologies 17 to mitigate these threats; and 18 (3) strategies and feasibilities of deploying mo- 19 bile security technologies within the Department. 20 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00093 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 94 HR 5515 PCS SEC. 228. MODIFICATION OF FUNDING CRITERIA UNDER 1 HISTORICALLY BLACK COLLEGES AND UNI- 2 VERSITIES AND MINORITY INSTITUTIONS 3 PROGRAM. 4 Section 2362(d) of title 10, United States Code, is 5 amended— 6 (1) in the subsection heading, by striking ‘‘Pri- 7 ority’’ and inserting ‘‘Criteria’’; and 8 (2) by striking ‘‘give priority in providing’’ and 9 inserting ‘‘limit’’. 10 SEC. 229. REPORT ON OA–X LIGHT ATTACK AIRCRAFT AP- 11 PLICABILITY TO PARTNER NATION SUPPORT. 12 (a) REPORT REQUIRED.—Not later than February 1, 13 2019, the Secretary of the Air Force shall submit to the 14 congressional defense committees a report on the OA–X 15 light attack aircraft experiment and how the program in- 16 corporates partner nation requirements. 17 (b) ELEMENTS.—The report under subsection (a) 18 shall include a description of— 19 (1) how the OA–X light attack experiment will 20 support partner nations’ low-cost counter terrorism 21 light attack capability; 22 (2) the extent to which the attributes of afford- 23 ability, interoperability, sustainability, simplicity of 24 maintenance and operations are included in the re- 25 quirements for the OA–X; and 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 95 HR 5515 PCS (3) how Federal Aviation Administration certifi- 1 cation and a reasonable path for military type cer- 2 tifications for commercial derivative aircraft are 3 factored into foreign military sales for a partner na- 4 tion. 5 SEC. 230. FUNDING FOR DEVELOPMENT OF CANINE PLAS- 6 MA FOR HEMORRHAGIC CONTROL. 7 (a) INCREASE.—Notwithstanding the amounts set 8 forth in the funding tables in division G, the amount au- 9 thorized to be appropriated in section 201 for research, 10 development, test, and evaluation, Defense-wide, as speci- 11 fied in the corresponding funding table in section 7201, 12 for the United States Special Operations Command is 13 hereby increased by $5,000,000 for the development of 14 freeze-dried canine plasma for hemorrhagic control. 15 (b) OFFSET.—Notwithstanding the amounts set forth 16 in the funding tables in division G, the amount authorized 17 to be appropriated in section 101 for procurement, De- 18 fense-wide, as specified in the corresponding funding table 19 in section 7101, for the United States Special Operations 20 Command is hereby reduced by $5,000,000. 21 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00095 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 96 HR 5515 PCS SEC. 231. SENSE OF CONGRESS ON PARTNERSHIPS FOR 1 NEXT GENERATION HYPERSONICS CAPABILI- 2 TIES. 3 It is the sense of Congress that the Secretary of the 4 Air Force should consider entering into long-term partner- 5 ships with institutions of higher education, similar to the 6 partnerships between such institutions and the Army and 7 the Navy, to conduct research and science and engineering 8 education for next generation hypersonics capabilities. 9 TITLE III—OPERATION AND 10 MAINTENANCE 11 Subtitle A—Authorization of 12 Appropriations 13 SEC. 301. AUTHORIZATION OF APPROPRIATIONS. 14 Funds are here by authorized to be appropriated for 15 fiscal year 2019 for the use of the Armed Forces and other 16 activities and agencies of the Department of Defense for 17 expenses, not otherwise provided for, for operation and 18 maintenance, as specified in the funding table in section 19 7301. 20 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00096 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 97 HR 5515 PCS Subtitle B—Energy and 1 Environment 2 SEC. 311. INCLUSION OF CONSIDERATION OF ENERGY AND 3 CLIMATE RESILIENCY EFFORTS IN MASTER 4 PLANS FOR MAJOR MILITARY INSTALLA- 5 TIONS. 6 Section 2864 of title 10, United States Code, is 7 amended— 8 (1) in subsection (a)(2)— 9 (A) in subparagraph (C), by striking 10 ‘‘and’’ at the end; 11 (B) in subparagraph (D), by striking the 12 period at the end and inserting ‘‘; and’’; and 13 (C) by adding at the end the following new 14 subparagraph: 15 ‘‘(E) energy and climate resiliency efforts.’’; 16 and 17 (2) in subsection (d), by adding at the end the 18 following new paragraph: 19 ‘‘(3) The term ‘energy and climate resiliency’ 20 means anticipation, preparation for, and adaptation 21 to utility disruptions and changing environmental 22 conditions and the ability to withstand, respond to 23 and recover rapidly from utility disruptions while en- 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00097 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 98 HR 5515 PCS suring the sustainment of mission-critical oper- 1 ations.’’. 2 SEC. 312. USE OF PROCEEDS FROM SALES OF ELECTRICAL 3 ENERGY DERIVED FROM GEOTHERMAL RE- 4 SOURCES FOR PROJECTS AT MILITARY IN- 5 STALLATIONS WHERE RESOURCES ARE LO- 6 CATED. 7 Subsection (b) of section 2916 of title 10, United 8 States Code, is amended— 9 (1) in paragraph (1), by striking ‘‘Proceeds’’ 10 and inserting ‘‘Except as provided in paragraph (3), 11 proceeds’’; and 12 (2) by adding at the end the following new 13 paragraph: 14 ‘‘(3) In the case of proceeds from a sale of electrical 15 energy generated from any geothermal energy resource— 16 ‘‘(A) 50 percent shall be credited to the appro- 17 priation account described in paragraph (1); and 18 ‘‘(B) 50 percent shall be deposited in a special 19 account in the Treasury established by the Secretary 20 concerned which shall be available, for military con- 21 struction projects described in paragraph (2) or for 22 installation energy or water security projects directly 23 coordinated with local area energy or groundwater 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 99 HR 5515 PCS governing authorities, for the military installation in 1 which the geothermal energy resource is located.’’. 2 SEC. 313. EXTENSION OF AUTHORIZED PERIODS OF PER- 3 MITTED INCIDENTAL TAKINGS OF MARINE 4 MAMMALS IN THE COURSE OF SPECIFIED AC- 5 TIVITIES BY DEPARTMENT OF DEFENSE. 6 Section 101(a)(5)(A) of the Marine Mammal Protec- 7 tion Act of 1972 (16 U.S.C. 1371(a)(5)(A)) is amended— 8 (1) in clause (i), by striking ‘‘Upon request’’ 9 and inserting ‘‘Except as provided by clause (ii), 10 upon request’’; 11 (2) by redesignating clauses (ii) and (iii) as 12 clauses (iii) and (iv), respectively; and 13 (3) by inserting after clause (i) the following 14 new clause (ii): 15 ‘‘(ii) In the case of a request described in clause (i) 16 made by the Department of Defense, such clause shall be 17 applied— 18 ‘‘(I) in the matter preceding clause (I), by sub- 19 stituting ‘ten consecutive years’ for ‘five consecutive 20 years’; and 21 ‘‘(II) in clause (I), by substituting ‘ten-year’ for 22 ‘five-year’.’’. 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 100 HR 5515 PCS SEC. 314. STATE MANAGEMENT AND CONSERVATION OF 1 SPECIES. 2 (a) SAGE-GROUSE AND PRAIRIE-CHICKEN.— 3 (1) IN GENERAL.—During the 10-year period 4 beginning on the date of the enactment of this Act, 5 the conservation status of each of the Greater Sage- 6 grouse (Centrocerus urophasianus) and the Lesser 7 Prairie-Chicken (Tympanuchus pallidicinctus) under 8 section 4 of the Endangered Species Act of 1973 (16 9 U.S.C. 1533) shall be not-warranted for listing. 10 (2) SUBSEQUENT DETERMINATIONS.—In deter- 11 mining conservation efficacy for purposes of making 12 any determination of such status after such 10-year 13 period, the Secretary of the Interior shall fully con- 14 sider all conservation actions of States, Federal 15 agencies, and military installations. 16 (b) AMERICAN BURYING BEETLE.—Notwithstanding 17 the final rule of the United States Fish and Wildlife Serv- 18 ice entitled ‘‘Endangered and Threatened Wildlife and 19 Plants; Determination of Endangered Status for the 20 American Burying Beetle’’ (54 Fed. Reg. 29652 (July 13, 21 1989)), the American burying beetle (Nicrophorus 22 americanus) may not be listed as a threatened species or 23 endangered species under the Endangered Species Act of 24 1973 (16 U.S.C. 1531 et seq.). 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00100 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 101 HR 5515 PCS (c) JUDICIAL REVIEW.—Notwithstanding any other 1 provision of statute or regulation, this section shall not 2 be subject to judicial review. 3 SEC. 315. DEPARTMENT OF DEFENSE ENVIRONMENTAL 4 RESTORATION PROGRAMS. 5 (a) FINDINGS.—Congress makes the following find- 6 ings: 7 (1) The Department of Defense has identified 8 nearly 39,500 sites that fall under the installation 9 restoration program sites and munitions response 10 sites. 11 (2) The installation response program addresses 12 contamination from hazardous substances, pollut- 13 ants, or contaminants and active military installa- 14 tions, formerly used defense site properties, and base 15 realignment and closure locations in the United 16 States. 17 (3) Munitions response sites are known or sus- 18 pected to contain unexploded ordnance, discarded 19 military munitions, or munitions constitutes are ad- 20 dressed through the military munitions response 21 program. 22 (4) The installation restoration program sites 23 and munitions response sites have had significant 24 impacts on state and local governments that have 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00101 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 102 HR 5515 PCS had to bear the increased costs of environmental 1 degradation, notably groundwater contamination, 2 and local populations that have had to live with the 3 consequences of contaminated drinking, including in- 4 creased health concerns and decreasing property val- 5 ues. 6 (5) Through the end of fiscal year 2017, the 7 Department of Defense had achieved response com- 8 plete at 86 percent of installation restoration pro- 9 gram sites and munitions response sites, but 10 projects that it will fall short of meeting its goal of 11 90 percent by the end of fiscal year 2018. 12 (6) The fiscal year 2019 budget request for en- 13 vironmental restoration and base realignment and 14 closure amounted to nearly $1,318,320,000, a de- 15 crease of $53,429,000 from the amount authorized 16 in the National Defense Authorization Act for Fiscal 17 Year 2018 (Public Law 115–91). 18 (b) SENSE OF CONGRESS.—It is the sense of Con- 19 gress that— 20 (1) the environmental restoration and base re- 21 alignment and closure programs are important for 22 the protection of the environment, the health of the 23 military and civilian personnel and their families 24 who live and work on military installations, to en- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00102 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 103 HR 5515 PCS sure that current and legacy military operations do 1 not adversely affect the health or environments of 2 surrounding communities; 3 (2) the Department of Defense and the Armed 4 Forces should seek to reduce the financial burden on 5 state and local government who are bearing signifi- 6 cant costs of cleanup stemming from defense related 7 activities; 8 (3) the Department of Defense and the Armed 9 Forces should expedite and streamline cleanup at lo- 10 cations where contamination is having a direct im- 11 pact on civilian access to clean drinking water; 12 (4) the Department of Defense and the Armed 13 Forces should continue to engage with and help 14 allay local community concerns about the safety of 15 the drinking water due to environmental degradation 16 caused by defense related activities; and 17 (5) the Department of Defense should seek op- 18 portunities to accelerate environmental restoration 19 efforts where feasible, to include programming addi- 20 tional resources for response actions, investing in 21 technology solutions that may expedite response ac- 22 tions, improving contracting procedures, increasing 23 contracting capacity, and seeking opportunities for 24 partnerships and other cooperative approaches. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00103 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 104 HR 5515 PCS (c) BRIEFING REQUIRED.—Not later than 120 days 1 after enactment of this Act, the Assistant Secretary of De- 2 fense for Energy, Installations, and Environment shall 3 provide a briefing to the Committees on Armed Services 4 of the Senate and House of Representatives on initiatives 5 being pursued to accelerate environmental restoration ef- 6 forts. 7 SEC. 316. PRODUCTION AND USE OF NATURAL GAS AT 8 FORT KNOX. 9 (a) PRODUCTION AND USE OF NATURAL GAS AT 10 FORT KNOX.—Chapter 449 of title 10, United States 11 Code, is amended by adding at the end the following new 12 section: 13 ‘‘§ 4782. Natural gas: production, treatment, manage- 14 ment, and use at Fort Knox, Kentucky 15 ‘‘(a) AUTHORITY.—(1) The Secretary of the Army 16 may provide for the production, treatment, management, 17 and use of natural gas located under Fort Knox, Ken- 18 tucky, without regard to section 3 of the Mineral Leasing 19 Act for Acquired Lands (30 U.S.C. 352). 20 ‘‘(2) The Secretary is authorized to enter into a con- 21 tract with an appropriate entity to carry out paragraph 22 (1). 23 ‘‘(b) LIMITATION ON USES.—Any natural gas pro- 24 duced under subsection (a) may be used only to support 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00104 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 105 HR 5515 PCS activities and operations at Fort Knox and may not be 1 sold for use elsewhere. 2 ‘‘(c) OWNERSHIP OF FACILITIES.—The Secretary of 3 the Army may take ownership of any gas production and 4 treatment equipment and facilities and associated infra- 5 structure from an entity with which the Secretary has en- 6 tered into a contract under subsection (a) in accordance 7 with the terms of the contract. 8 ‘‘(d) APPLICABILITY.—The authority of the Sec- 9 retary of the Army under this section is effective as of 10 August 2, 2007.’’. 11 (b) CLERICAL AMENDMENT.—The table of sections 12 at the beginning of such chapter is amended by adding 13 at the end the following new item: 14 ‘‘4782. Natural gas: production, treatment, management, and use at Fort Knox, Kentucky.’’. SEC. 317. EXPLOSIVE ORDNANCE DISPOSAL DEFENSE PRO- 15 GRAM. 16 (a) IN GENERAL.—Chapter 136 of title 10, United 17 States Code, as amended by section 851, is further amend- 18 ed by adding at the end the following new section: 19 ‘‘SEC. 2284. EXPLOSIVE ORDNANCE DISPOSAL DEFENSE 20 PROGRAM. 21 ‘‘(a) IN GENERAL.—The Secretary of Defense shall 22 carry out a program to be known as the ‘Explosive Ord- 23 nance Disposal Defense Program’ (in this section referred 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00105 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 106 HR 5515 PCS to as the ‘Program’) under which the Secretary shall en- 1 sure close and continuous coordination between military 2 departments on matters relating to explosive ordnance dis- 3 posal support for commanders of geographic and func- 4 tional combatant commands. 5 ‘‘(b) ROLES, RESPONSIBILITIES, AND AUTHORI- 6 TIES.—The plan under subsection (a) shall include provi- 7 sions under which— 8 ‘‘(1) the Secretary of Defense shall— 9 ‘‘(A) assign the responsibility for the direc- 10 tion, coordination, integration of the explosive 11 ordnance disposal defense program within the 12 Department of Defense; 13 ‘‘(B) designate the Assistant Secretary of 14 Defense for Nuclear, Chemical, Biological De- 15 fense Programs as the key individual for the ex- 16 plosive ordnance disposal defense program that 17 develops and oversees policy, plans, programs 18 and budgets, and issues guidance and provides 19 direction on Department of Defense explosive 20 ordnance disposal activities; 21 ‘‘(C) designate the Secretary of the Navy, 22 or a designee of the Secretary’s choice, as the 23 executive agent for the Department of Defense 24 that provides oversight of the joint program ex- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00106 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 107 HR 5515 PCS ecutive officer whom coordinates and integrates 1 joint requirements for explosive ordnance dis- 2 posal and carries out joint research, develop- 3 ment, test and evaluation and procurement ac- 4 tivities on behalf of the military departments 5 and combatant commands with respect to explo- 6 sive ordnance disposal; 7 ‘‘(D) designate the Director of the Defense 8 Threat Reduction Agency as the responsible 9 combat support agency that will exercise fund 10 management responsibility of the Department 11 of Defense-Wide Program Element for explosive 12 ordnance disposal research, development, test 13 and evaluation, transactions other than con- 14 tracts, cooperative agreements, and grants re- 15 lated to section 2371 of title 10 during research 16 projects including rapid prototyping and limited 17 procurement urgent activities, and acquisition; 18 ‘‘(E) designate an Army explosive ord- 19 nance disposal-qualified general officer as the 20 responsible senior leader of the Defense Threat 21 Reduction Agency’s Joint Improvised-Threat 22 Defeat Organization that serves as the Chair- 23 man of the Department of Defense explosive 24 ordnance disposal defense program board; 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 108 HR 5515 PCS ‘‘(2) the Secretary of each military department 1 shall assess the needs of the military department 2 concerned with respect to explosive ordnance dis- 3 posal and may carry out research, development, test 4 and evaluation activities, including other trans- 5 actions and procurement activities to address mili- 6 tary department unique needs such as weapon sys- 7 tems, manned and unmanned vehicles and platforms, 8 cyber and communication equipment and the inte- 9 gration of explosive ordnance disposal sets, kits and 10 outfits and department’s developed explosive ord- 11 nance disposal tools, equipment, sets, kits and out- 12 fits. 13 ‘‘(c) ANNUAL BUDGET JUSTIFICATION DOCU- 14 MENTS.— 15 ‘‘(1) For fiscal year 2021 and each fiscal year 16 thereafter, the Secretary of Defense shall submit to 17 Congress with the defense budget materials a con- 18 solidated budget justification display, in classified 19 and unclassified form, that includes all of activities 20 of the Department of Defense relating to the Pro- 21 gram. 22 ‘‘(2) The budget display under paragraph (1) 23 for a fiscal year shall include a single program ele- 24 ment for each of the following: 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00108 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 109 HR 5515 PCS ‘‘(A) Civilian and military pay. 1 ‘‘(B) Research, development, test, and 2 evaluation. 3 ‘‘(C) Procurement. 4 ‘‘(D) Other transaction agreements. 5 ‘‘(E) Military construction. 6 ‘‘(3) The budget display shall include funding 7 data for each of the military department’s respective 8 activities related to explosive ordnance disposal, in- 9 cluding— 10 ‘‘(A) operations and maintenance; and 11 ‘‘(B) overseas contingency operations. 12 ‘‘(d) DEFINITIONS.—In this section: 13 ‘‘(1) The term ‘explosive ordnance’ means any 14 munitions containing explosives, nuclear fission or 15 fusion materials, or biological or chemical agents, in- 16 cluding— 17 ‘‘(A) bombs and warheads; 18 ‘‘(B) guided and ballistic missiles; 19 ‘‘(C) artillery, mortar, rocket, and small 20 arms munitions; 21 ‘‘(D) mines, torpedoes, and depth charges; 22 ‘‘(E) demolition charges; 23 ‘‘(F) pyrotechnics; 24 ‘‘(G) clusters and dispensers; 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00109 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 110 HR 5515 PCS ‘‘(H) cartridge and propellant actuated de- 1 vices; 2 ‘‘(I) electro-explosives devices; 3 ‘‘(J) clandestine and improvised explosive 4 devices, including improvised nuclear, chemical 5 and biological devices; and 6 ‘‘(K) similar or related items or compo- 7 nents explosive in nature. 8 ‘‘(2) The term ‘disposal’ means, with respect to 9 explosive ordnance, the assessment, sampling, detec- 10 tion, identification, verification, field evaluation, de- 11 feat, disablement, neutralization, or rendering-safe, 12 war-head packaging, recovery, exploitation, and final 13 disposition of ordnance.’’. 14 (b) CLERICAL AMENDMENT.—The table of sections 15 at the beginning of such chapter, as amended by section 16 851, is further amended by adding at end the following 17 new section: 18 ‘‘2284. Explosive Ordnance Disposal Defense Program.’’. SEC. 318. JOINT STUDY ON THE IMPACT OF WIND FARMS 19 ON WEATHER RADARS AND MILITARY OPER- 20 ATIONS. 21 (a) IN GENERAL.—The Secretary of Defense shall 22 enter into an arrangement with the National Oceanic and 23 Atmospheric Administration to conduct a study on the im- 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00110 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 111 HR 5515 PCS pact wind farms have on weather radars and subsequently 1 Department of Defense operations and readiness. 2 (b) ELEMENTS.—The study required pursuant to 3 subsection (a) shall include the following: 4 (1) The potential impacts of wind farms on 5 NEXRAD radars and other Federal radars used by 6 the Department of Defense, the National Oceanic 7 and Atmospheric Administration, and the National 8 Weather Service for weather forecasts and warnings. 9 (2) The subsequent impacts of wind farms on 10 Department of Defense aviation readiness, includ- 11 ing— 12 (A) Department of Defense air traffic con- 13 trol radars; 14 (B) minimum vectoring altitudes, in par- 15 ticular around military flight training bases; 16 (C) air-to-ground drop zones; 17 (D) air-to-ground bombing and test 18 ranges; 19 (E) military operating areas that extend to 20 the surface; 21 (F) military training routes; 22 (G) over-the-horizon radars; and 23 (H) Department of Defense weather ra- 24 dars. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00111 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 112 HR 5515 PCS (3) Examples of when interference from the 1 wind farms has affected the ability of the National 2 Oceanic and Atmospheric Administration to forecast 3 or warn for dangerous weather. 4 (4) Recommendations to reduce, mitigate, or 5 eliminate the potential impacts. 6 (5) An analysis of the distance that wind tur- 7 bines need to be away from the radars to ensure no 8 impact. 9 (6) Recommendations for addressing the im- 10 pacts to NEXRADs and weather radar due to in- 11 creasing turbine heights. 12 (7) Recommendations to reduce or eliminate 13 impacts of existing wind turbines, including those 14 projects that are being repowered by developers to 15 increase turbine heights. 16 (8) Recommendations to ensure wind farms do 17 not impact the ability of the National Oceanic and 18 Atmospheric Administration and the National 19 Weather Service to warn or forecast hazardous 20 weather. 21 (9) The cumulative impacts of multiple wind 22 farms near a single radar on the ability of the Na- 23 tional Oceanic and Atmospheric Administration and 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00112 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 113 HR 5515 PCS the National Weather Service to warn or forecast 1 hazardous weather. 2 (10) Recommendations to reduce or eliminate 3 the cumulative impacts of multiple wind farms. 4 (11) An analysis of whether certain wind tur- 5 bine projects, based on project layout, turbine ori- 6 entation, number of turbines, density of turbines, 7 proximity to radar, or turbine height result in great- 8 er impacts to the missions of Department of De- 9 fense, the National Oceanic and Atmospheric Ad- 10 ministration, and the National Weather Service, and 11 if so, how can those projects be better cited to re- 12 duce or eliminate NEXRAD impacts. 13 (c) SUBMITTAL TO CONGRESS.—Not later than 12 14 months after the date of the enactment of this Act, the 15 Secretary shall submit to the congressional defense com- 16 mittees a report on the study conducted pursuant to sub- 17 section (a). 18 SEC. 319. CORE SAMPLING AT JOINT BASE SAN ANTONIO, 19 TEXAS. 20 (a) SITE INVESTIGATION REQUIRED.—The Secretary 21 of the Air Force shall conduct a core sampling study along 22 the proposed route of the W–6 wastewater treatment line 23 on Air Force real property, in compliance with best engi- 24 neering practices, to determine if any regulated or haz- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00113 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 114 HR 5515 PCS ardous substances are present in the soil along the pro- 1 posed route. 2 (b) REPORT REQUIRED.—Not later than 120 days 3 after the date of the enactment of this Act, the Secretary 4 of the Air Force shall submit to the Committees on Armed 5 Services of the Senate and the House of Representatives 6 a report on the results of the core samples taken pursuant 7 to subsection (a). 8 Subtitle C—Logistics and 9 Sustainment 10 SEC. 321. EXAMINATION OF NAVAL VESSELS. 11 Section 7304(a) of title 10, United States Code, is 12 amended— 13 (1) by striking ‘‘The Secretary’’ and inserting 14 ‘‘(1) The Secretary’’; and 15 (2) by adding at the end the following new 16 paragraphs: 17 ‘‘(2) Any naval vessel examined under this section on 18 or after October 1, 2019, shall be examined without prior 19 notice provided to the crew of the vessel. 20 ‘‘(3) Any report generated relating to an examination 21 under this section shall be unclassified and made publicly 22 available.’’. 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00114 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 115 HR 5515 PCS SEC. 322. OVERHAUL AND REPAIR OF NAVAL VESSELS IN 1 FOREIGN SHIPYARDS. 2 (a) TREATMENT OF NAVAL VESSELS WITHOUT DES- 3 IGNATED HOMEPORTS.—Subsection (a)(1) of section 4 7310 of title 10, United States Code, is amended by add- 5 ing at the end the following new sentence: ‘‘For the pur- 6 pose of this section, a naval vessel that does not have a 7 designated homeport shall be treated in the same manner 8 as a vessel with a homeport in the United States or 9 Guam.’’. 10 (b) DEFINITION OF VOYAGE REPAIR.—Such section 11 is further amended— 12 (1) in subsection (c)— 13 (A) in paragraph (3)(C), by striking ‘‘as 14 defined’’ and all that follows through ‘‘Volume 15 III’’; and 16 (B) by striking paragraph (5); and 17 (2) by adding at the end the following new sub- 18 section: 19 ‘‘(d) DEFINITIONS.—In this section: 20 ‘‘(1) The term ‘covered naval vessel’ means any 21 of the following: 22 ‘‘(A) A naval vessel. 23 ‘‘(B) Any other vessel under the jurisdic- 24 tion of the Secretary of the Navy. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00115 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 116 HR 5515 PCS ‘‘(C) A vessel not described in subpara- 1 graph (A) or (B) that is operated pursuant to 2 a contract entered into by the Secretary of the 3 Navy and the Maritime Administration or the 4 United States Transportation Command in sup- 5 port of Department of Defense operations. 6 ‘‘(2) The term ‘voyage repair’ means repair per- 7 formed solely for the corrective maintenance of mis- 8 sion or safety essential items necessary for a vessel 9 to deploy or continue its deployment.’’. 10 SEC. 323. LIMITATION ON LENGTH OF OVERSEAS FORWARD 11 DEPLOYMENT OF NAVAL VESSELS. 12 (a) LIMITATION.— 13 (1) IN GENERAL.—Chapter 633 of title 10, 14 United States Code, is amended by adding at the 15 end the following new section: 16 ‘‘§ 7320. Limitation on length of overseas forward de- 17 ployment of naval vessels 18 ‘‘(a) LIMITATION.—The Secretary of the Navy shall 19 ensure that no naval vessel is forward deployed overseas 20 for a period in excess of ten years. At the end of a period 21 of overseas forward deployment, the vessel shall be as- 22 signed a homeport in the United States. 23 ‘‘(b) WAIVER.—The Secretary of the Navy may waive 24 the limitation under subsection (a) with respect to a naval 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00116 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 117 HR 5515 PCS vessel if the Secretary submits to the congressional de- 1 fense committees notice in writing of— 2 ‘‘(1) the waiver of such limitation with respect 3 to the vessel; 4 ‘‘(2) the date on which the period of overseas 5 forward deployment of the vessel is expected to end; 6 and 7 ‘‘(3) the factors used by the Secretary to deter- 8 mine that a longer period of deployment would pro- 9 mote the national defense or be in the public inter- 10 est.’’. 11 (2) CLERICAL AMENDMENT.—The table of sec- 12 tions at the beginning of such chapter is amended 13 by adding at the end the following new section: 14 ‘‘7320. Limitation on length of overseas forward deployment of naval vessels.’’. (b) TREATMENT OF CURRENTLY DEPLOYED VES- 15 SELS.—In the case of any naval vessel that has been for- 16 ward deployed overseas for a period in excess of ten years 17 as of the date of the enactment of this Act, the Secretary 18 of the Navy shall ensure that such vessel is assigned a 19 homeport in the United States by not later than three 20 years after the date of the enactment of this Act. 21 (c) CONGRESSIONAL BRIEFING.—Not later than 90 22 days after the date of the enactment of this Act, the Sec- 23 retary of the Navy shall provide to the Committees on 24 Armed Services of the Senate and House of Representa- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00117 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 118 HR 5515 PCS tives a briefing on the plan of the Secretary for the rota- 1 tion of forward deployed naval vessels. 2 SEC. 324. TEMPORARY MODIFICATION OF WORKLOAD CAR- 3 RYOVER FORMULA. 4 During the period beginning on the date of the enact- 5 ment of this Act and ending on September 30, 2021, in 6 carrying out chapter 9, volume 2B (relating to Instruc- 7 tions for the Preparation of Exhibit Fund-11a Carryover 8 Reconciliation) of Department of Defense regulation 9 7000.14-R, entitled ‘‘Financial Management Regulation 10 (FMR)’’, in addition to any other applicable exemptions, 11 the Secretary of Defense shall ensure that with respect 12 to each military department depot or arsenal, outlay 13 rates— 14 (1) reflect the timing of when during a fiscal 15 year appropriations have historically funded work- 16 load; and 17 (2) account for the varying repair cycle times of 18 the workload supported. 19 SEC. 325. LIMITATION ON USE OF FUNDS FOR IMPLEMEN- 20 TATION OF ELEMENTS OF MASTER PLAN FOR 21 REDEVELOPMENT OF FORMER SHIP REPAIR 22 FACILITY IN GUAM. 23 (a) LIMITATION.—Except as provided in subsection 24 (b), none of the funds authorized to be appropriated by 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00118 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 119 HR 5515 PCS this Act or otherwise made available for the Navy for fiscal 1 year 2019 may be obligated or expended for any construc- 2 tion, alteration, repair, or development of the real property 3 consisting of the Former Ship Repair Facility in Guam. 4 (b) EXCEPTION.—The limitation under subsection 5 (a) does not apply to any project that directly supports 6 depot-level ship maintenance capabilities, including the 7 mooring of a floating dry dock. 8 (c) FORMER SHIP REPAIR FACILITY IN GUAM.—In 9 this section, the term ‘‘Former Ship Repair Facility in 10 Guam’’ means the property identified by that name under 11 the base realignment and closure authority carried out 12 under the Defense Base Closure and Realignment Act of 13 1990 (part A of title XXIX of Public Law 101–510; 10 14 USC 2687 note). 15 SEC. 326. BUSINESS CASE ANALYSIS FOR PROPOSED RELO- 16 CATION OF J85 ENGINE REGIONAL REPAIR 17 CENTER. 18 (a) BUSINESS CASE ANALYSIS.—The Secretary of 19 the Air Force shall prepare a business case analysis on 20 the proposed relocation of the J85 Engine Regional Re- 21 pair Center. Such analysis shall include each of the fol- 22 lowing: 23 (1) An overview of each alternative considered 24 for the J85 Engine Regional Repair Center. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00119 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 120 HR 5515 PCS (2) The one-time and annual costs associated 1 with each such alternative. 2 (3) The effect of each such alternative on work- 3 load capacity, capability, schedule, throughput, and 4 costs. 5 (4) The effect of each such alternative on Gov- 6 ernment-furnished parts, components, and equip- 7 ment, including mitigation strategies to address 8 known limitations to T38 production throughput, es- 9 pecially such limitations caused by Government-fur- 10 nished parts, equipment, or transportation. 11 (5) The effect of each such alternative on the 12 transition of the Air Force to the T-X training air- 13 craft. 14 (6) A detailed rationale for the selection of an 15 alternative considered as part of the business case 16 analysis under this section. 17 (b) LIMITATION ON USE OF FUNDS FOR RELOCA- 18 TION.—None of the funds authorized to be appropriated 19 by this Act, or otherwise made available for the Air Force, 20 may be obligated or expended for any action to relocate 21 the J85 Engine Regional Repair Center until the date that 22 is 150 days after the date on which the Secretary of the 23 Air Force provides to the Committees on Armed Services 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00120 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 121 HR 5515 PCS of the Senate and House of Representatives a briefing on 1 the business case analysis required by subsection (a). 2 SEC. 327. ARMY ADVANCED AND ADDITIVE MANUFAC- 3 TURING CENTER OF EXCELLENCE. 4 (a) DESIGNATION.—The Secretary of the Army shall 5 establish a Center of Excellence on Advanced and Additive 6 Manufacturing at an arsenal (hereafter referred to as ‘‘the 7 Center’’). 8 (b) PURPOSES.—The Center established in section 9 (a) shall— 10 (1) support the efforts of the Army to imple- 11 ment advanced and additive manufacturing tech- 12 niques and capabilities across the Army industrial 13 facilities (as defined by section 4544(j) of title 10, 14 United States Code); 15 (2) identify improvements to sustainment meth- 16 ods for component parts and other logistics needs; 17 (3) identify and implement appropriate cyber 18 protections to ensure viability of advanced and addi- 19 tive manufacturing within the Army organic indus- 20 trial base in consultation with the Army Cyber Cen- 21 ter of Excellence and other appropriate government 22 and private sector entities; and 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00121 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 122 HR 5515 PCS (4) aid in the procurement of advanced and ad- 1 ditive manufacturing equipment and support services 2 including training. 3 (c) ASSISTANCE.— 4 (1) IN GENERAL.—The Secretary of the Army 5 may use public-private partnerships and other trans- 6 actional activity pursuant to section 2371 of title 10, 7 United States Code, with covered entities to facili- 8 tate the development of advanced and additive man- 9 ufacturing techniques in support of Army industrial 10 facilities. 11 (2) TERMS OF PARTNERSHIPS AND AGREE- 12 MENTS.—Public-private partnerships and other 13 transactional activity under paragraph (1)— 14 (A) shall facilitate development and imple- 15 mentation of advanced and additive manufac- 16 turing techniques and capabilities that support 17 the Army organic industrial base; 18 (B) may support necessary workforce de- 19 velopment and support efforts to sustain ad- 20 vanced and additive manufacturing in the Army 21 organic industrial base; 22 (C) shall facilitate appropriate sharing of 23 information in the adaptation of advanced and 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00122 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 123 HR 5515 PCS additive manufacturing into the Army organic 1 industrial base; 2 (D) shall facilitate implementation of ap- 3 propriate cyber protections into advanced and 4 additive manufacturing tools and techniques; 5 and 6 (E) may include the use of on-the-job 7 training to ensure participants are able to learn 8 the skills necessary for successful careers in ad- 9 ditive manufacturing. 10 (d) DEFINITION OF COVERED ENTITY.—In this sec- 11 tion, the term ‘‘covered entity’’ includes— 12 (1) community and technical colleges; 13 (2) research universities; 14 (3) State and local governments; 15 (4) economic development entities; 16 (5) non-profit technical associations in ad- 17 vanced manufacturing; and 18 (6) non-profit organizations with a focus on im- 19 proving the defense industrial base. 20 SEC. 328. REPORT ON PILOT PROGRAM FOR MICRO-REAC- 21 TORS. 22 (a) REPORT REQUIRED.—Not later than 12 months 23 after the date of enactment of this Act, the Secretary shall 24 develop and submit to the Committee on Armed Services 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00123 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 124 HR 5515 PCS and the Committee on Energy and Commerce in the 1 House of Representatives and the Committee on Armed 2 Services and the Committee on Energy and Natural Re- 3 sources in the Senate a report describing the requirements 4 for, and components of, a pilot program to provide resil- 5 ience for critical national security infrastructure at De- 6 partment of Defense and Department of Energy facilities 7 by contracting with a commercial entity to site, construct, 8 and operate at least one licensed micro-reactor at a facility 9 identified under the report by December 31, 2027. 10 (b) CONSULTATION.—As necessary to develop the re- 11 port required under subsection (a), the Secretary shall 12 consult with— 13 (1) the Secretary of Defense; 14 (2) the Nuclear Regulatory Commission; and 15 (3) the Administrator of the General Services 16 Administration. 17 (c) CONTENTS.—The report required under sub- 18 section (a) shall include— 19 (1) identification of potential locations to site, 20 construct, and operate a micro-reactor at a Depart- 21 ment of Defense or Department of Energy facility 22 that contains critical national security infrastructure 23 that the Secretary determines may not be energy re- 24 silient; 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00124 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 125 HR 5515 PCS (2) assessments of different nuclear tech- 1 nologies to provide energy resiliency for critical na- 2 tional security infrastructure; 3 (3) a survey of potential commercial stake- 4 holders with which to enter into a contract under the 5 pilot program to construct and operate a licensed 6 micro-reactor; 7 (4) options to enter into long-term contracting, 8 including various financial mechanisms for such pur- 9 pose; 10 (5) identification of requirements for micro-re- 11 actors to provide energy resilience to mission-critical 12 functions at facilities identified under paragraph (1); 13 (6) an estimate of the costs of the pilot pro- 14 gram; 15 (7) a timeline with milestones for the pilot pro- 16 gram; 17 (8) an analysis of the existing authority of the 18 Department of Energy and Department of Defense 19 to permit the siting, construction, and operation of 20 a micro-reactor; and 21 (9) recommendations for any legislative changes 22 to the authorities analyzed under paragraph (8) nec- 23 essary for the Department of Energy and the De- 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00125 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 126 HR 5515 PCS partment of Defense to permit the siting, construc- 1 tion, and operation of a micro-reactor. 2 (d) DEFINITIONS.—In this section: 3 (1) The term ‘‘critical national security infra- 4 structure’’ means any site or installation that the 5 Secretary of Energy or the Secretary of Defense de- 6 termines supports critical mission functions of the 7 national security enterprise. 8 (2) The term ‘‘licensed’’ means holding a li- 9 cense under section 103 or 104 of the Atomic En- 10 ergy Act of 1954. 11 (3) The term ‘‘micro-reactor’’ means a nuclear 12 reactor that has a power production capacity that is 13 not greater than 50 megawatts. 14 (4) The term ‘‘pilot program’’ means the pilot 15 program described in subsection (a). 16 (5) The term ‘‘Secretary’’ means Secretary of 17 Energy. 18 (e) FORM.—The report required under subsection (a) 19 shall be submitted in unclassified form, but may include 20 a classified appendix. 21 (f) LIMITATIONS.—This Act does not authorize the 22 Department of Energy or Department of Defense to enter 23 into a contract with respect to the pilot program. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00126 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 127 HR 5515 PCS SEC. 329. REPORT ON EFFECTS OF INCREASED AUTOMA- 1 TION OF DEFENSE INDUSTRIAL BASE ON 2 MANUFACTURING WORKFORCE. 3 Not later than 180 days after the date of the enact- 4 ment of this Act, the Secretary of Defense shall submit 5 to Congress a report on the effects of the increased auto- 6 mation of the defense industrial base over the ten-year pe- 7 riod beginning on the date that is 30 days after the date 8 of the enactment of this Act. Such report shall include, 9 for the period covered by the report— 10 (1) an estimate of the number of jobs in the 11 United States manufacturing workforce expected to 12 be eliminated due to automation in the defense sec- 13 tor; 14 (2) an analysis describing any new types of jobs 15 that are expected to be established as a result of an 16 increasingly automated process, including an esti- 17 mate of the number of these types of jobs that are 18 expected to be created; 19 (3) an analysis of the potential threats to the 20 national security of the United States that are 21 unique to the automation of the defense industry; 22 (4) a strategy to assist in providing workforce 23 training and transition preparation for workers who 24 may lose manufacturing jobs in the defense industry 25 due to automation; 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00127 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 128 HR 5515 PCS (5) a description of any training necessary for 1 workers affected by automation to more easily tran- 2 sition to new types of jobs within the defense manu- 3 facturing industry; and 4 (6) any actions taken, or planned to be taken, 5 by the Department of Defense to assist in worker 6 transition. 7 Subtitle D—Reports 8 SEC. 331. MATTERS FOR INCLUSION IN QUARTERLY RE- 9 PORTS ON PERSONNEL AND UNIT READI- 10 NESS. 11 Section 482 of title 10, United States Code, is 12 amended— 13 (1) in subsection (b)(1), by inserting after ‘‘de- 14 ficiency’’ the following: ‘‘in the ground, sea, air, 15 space, and cyber forces, and in such other such 16 areas as determined by the Secretary of Defense,’’; 17 and 18 (2) in subsection (d)— 19 (A) in the subsection heading, by striking 20 ‘‘ASSIGNED MISSION’’; 21 (B) by striking paragraph (3); 22 (C) by redesignating paragraphs (2) as 23 paragraph (3); and 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00128 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 129 HR 5515 PCS (D) by inserting after paragraph (1) the 1 following new paragraph (2): 2 ‘‘(2) A report for the second or fourth quarter 3 of a calendar year under this section shall also in- 4 clude an assessment by each commander of a geo- 5 graphic or functional combatant command of the 6 readiness of the command to conduct operations in 7 a multidomain battle that integrates ground, air, 8 sea, space, and cyber forces.’’. 9 SEC. 332. ANNUAL COMPTROLLER GENERAL REVIEWS OF 10 READINESS OF ARMED FORCES TO CONDUCT 11 FULL SPECTRUM OPERATIONS. 12 (a) REVIEWS REQUIRED.—For each of calendar 13 years 2018 through 2021, the Comptroller General of the 14 United States shall conduct an annual review of the readi- 15 ness of the Armed Forces to conduct each of the following 16 types of full spectrum operations: 17 (1) Ground. 18 (2) Sea. 19 (3) Air. 20 (4) Space. 21 (5) Cyber. 22 (b) ELEMENTS OF REVIEW.—In conducting a review 23 under subsection (a), the Comptroller General shall— 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00129 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 130 HR 5515 PCS (1) use standard methodology and reporting 1 formats in order to show changes over time; 2 (2) evaluate, using fiscal year 2017 as the base 3 year of analysis— 4 (A) force structure; 5 (B) the ability of major operational units 6 to conduct operations; and 7 (C) the status of equipment, manning, and 8 training; and 9 (3) provide reasons for any variances in readi- 10 ness levels, including changes in funding, availability 11 in parts, training opportunities, and operational de- 12 mands. 13 (c) METRICS.—For purposes of the reviews required 14 by this section, the Secretary of Defense shall identify and 15 establish metrics for measuring readiness for the oper- 16 ations covered by subsection (a). In the first review con- 17 ducted under this section, the Comptroller General shall 18 evaluate and determine the validity of such metrics. 19 (d) ACCESS TO RELEVANT DATA.—For purposes of 20 this section, the Secretary of Defense shall ensure that 21 the Comptroller General has access to all relevant data, 22 including— 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00130 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 131 HR 5515 PCS (1) any assessments of the ability of the De- 1 partment of Defense and the Armed Forces to exe- 2 cute operational and contingency plans; 3 (2) any internal Department readiness and 4 force structure assessments; and 5 (3) the readiness databases of the Department 6 and the Armed Forces. 7 (e) REPORTS.— 8 (1) ANNUAL REPORT.—Not later than Feb- 9 ruary 28, 2019, and annually thereafter until 2022, 10 the Comptroller General shall submit to the Commit- 11 tees on Armed Services of the Senate and House of 12 Representatives an annual report on the review con- 13 ducted under subsection (a) for the year preceding 14 the year during which the report is submitted. 15 (2) ADDITIONAL REPORTS.—At the discretion 16 of the Comptroller General, the Comptroller General 17 may submit to the Committees on Armed Services of 18 the Senate and House of Representatives additional 19 reports addressing specific mission areas within the 20 operations covered by subsection (a) in order to pro- 21 vide an independent assessment of readiness in the 22 areas of equipping, mapping, and training. 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00131 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 132 HR 5515 PCS SEC. 333. SURFACE WARFARE TRAINING IMPROVEMENT. 1 (a) FINDINGS.—Congress makes the following find- 2 ings: 3 (1) In 2017, there were three collisions and one 4 grounding involving United States Navy ships in the 5 Western Pacific. The two most recent mishaps in- 6 volved separate incidents of a Japan-based United 7 States Navy destroyer colliding with a commercial 8 merchant vessel, resulting in the combined loss of 17 9 sailors. 10 (2) The causal factors in these four mishaps 11 are linked directly to a failure to take sufficient ac- 12 tion in accordance with the rules of good seaman- 13 ship. 14 (3) Because risks are high in the maritime envi- 15 ronment, there are widely accepted standards for 16 safe seamanship and navigation. In the United 17 States, the International Convention on Standards 18 of Training, Certification and Watchkeeping (herein- 19 after in this section referred to as the ‘‘STCW’’) for 20 Seafarers, standardizes the skills and foundational 21 knowledge a maritime professional must have in sea- 22 manship and navigation. 23 (4) Section 568 of the National Defense Au- 24 thorization Act for Fiscal Year 2017 (Public Law 25 114–328; 130 Stat. 2139) endorsed the STCW proc- 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00132 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 133 HR 5515 PCS ess and required the Secretary of Defense to maxi- 1 mize the extent to which Armed Forces service, 2 training, and qualifications are creditable toward 3 meeting merchant mariner licenses and certifi- 4 cations. 5 (5) The Surface Warfare Officer Course Cur- 6 riculum is being modified to include ten individual 7 Go/No Go Mariner Assessments/Competency Check 8 Milestones to ensure standardization and quality of 9 the surface warfare community. 10 (6) The Military-to-Mariner Transition report 11 of September 2017 notes the Army maintains an ex- 12 tensive STCW qualifications program and that a 13 similar Navy program does not exist. 14 (b) SENSE OF CONGRESS.—It is the sense of Con- 15 gress that— 16 (1) the Secretary of the Navy should establish 17 a comprehensive individual proficiency assessment 18 process and include such an assessment prior to all 19 operational surface warfare officer tour assignments; 20 and 21 (2) the Secretary of the Navy should signifi- 22 cantly expand the STCW qualifications process to 23 improve seamanship and navigation individual skills 24 training for surface warfare candidates, surface war- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00133 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 134 HR 5515 PCS fare officers, quartermasters and operations special- 1 ists to include an increased set of courses that di- 2 rectly correspond to STCW standards. 3 (c) REPORT.—Not later than March 1, 2019, the 4 Secretary of the Navy shall submit to the congressional 5 defense committees a report that includes each of the fol- 6 lowing: 7 (1) A detailed description of the surface war- 8 fare officer assessments process. 9 (2) A list of programs that have been approved 10 for credit toward merchant mariner credentials. 11 (3) A complete gap analysis of the existing sur- 12 face warfare training curriculum and STCW. 13 (4) A complete gap analysis of the existing sur- 14 face warfare training curriculum and the 3rd mate 15 unlimited licensing requirement. 16 (5) An assessment of surface warfare options to 17 complete the 3rd mate unlimited license and the 18 STCW qualification. 19 SEC. 334. REPORT ON OPTIMIZING SURFACE NAVY VESSEL 20 INSPECTIONS AND CREW CERTIFICATIONS. 21 (a) REPORT REQUIRED.—Not later than 1 year after 22 the date of the enactment of this Act, the Secretary of 23 the Navy shall submit to Congress a report on optimizing 24 surface Navy vessel inspections and crew certifications to 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00134 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 135 HR 5515 PCS reduce the burden of inspection type visits that vessels un- 1 dergo. Such report shall include— 2 (1) an audit of all surface Navy vessel inspec- 3 tions, certifications, and required and recommended 4 assist visits; 5 (2) an analysis of such inspections, certifi- 6 cations, and visits for redundancies, as well as any 7 necessary items not covered; 8 (3) recommendations to streamline surface ves- 9 sel inspections, certifications, and required and rec- 10 ommended assist visits to optimize effectiveness, im- 11 prove material readiness, and restore training readi- 12 ness; and 13 (4) recommendations for congressional action to 14 address the needs of the Navy as identified in the 15 report. 16 (b) CONGRESSIONAL BRIEFING.—Not later than 17 January 31, 2019, the Secretary of the Navy shall provide 18 to the Senate Committee on Armed Services and the 19 House Committee on Armed Services an interim briefing 20 on the matters to be included in the report required by 21 subsection (a). 22 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00135 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 136 HR 5515 PCS SEC. 335. REPORT ON DEPOT-LEVEL MAINTENANCE AND 1 REPAIR. 2 The Secretary of Defense, in consultation with the 3 heads of each of the military departments and the Chair- 4 man of the Joint Chiefs of Staff, shall submit to the con- 5 gressional defense committees a report on labor hours and 6 depot maintenance, which shall include— 7 (1) the amount of public and private funding of 8 depot-level maintenance and repair (as defined in 9 section 2460 of title 10 United State Code) for the 10 Department of Defense, Army, Navy, Marine Corps, 11 Air Force, Special Operations Command, and any 12 other unified command identified by the Secretary, 13 expressed by commodity group by percentage and 14 actual numbers in terms of dollars and direct labor 15 hours; 16 (2) within each category of depot level mainte- 17 nance and repair for each entities, the amount of the 18 subset of depot maintenance workload that meets 19 the description under section 2464 of title 10, 20 United States Code, that is performed in the public 21 and private sectors by direct labor hours and by dol- 22 lars; 23 (3) of the subset referred to in paragraph (2), 24 the amount of depot maintenance workload per- 25 formed in the public and private sector by direct 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00136 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 137 HR 5515 PCS labor hour and by dollars for each entity that would 1 otherwise be considered core workload under such 2 section 2462, but is not considered core because a 3 weapon system or equipment has not been declared 4 a program of record; and 5 (4) the projections for the upcoming future 6 years defense program, including the distinction be- 7 tween the Navy and the Marine Corps for the De- 8 partment of the Navy, as well as any unified com- 9 mand, including the Special Operations Command. 10 SEC. 336. REPORT ON PERSONAL PROTECTIVE EQUIPMENT 11 REQUIREMENTS FOR CIVIL RESPONSE 12 TEAMS TO VOLCANIC ACTIVITY. 13 (a) REPORT REQUIRED.—Not later than 90 days 14 after the date of the enactment of this Act, the Secretary 15 of Defense, in coordination with the Secretary of Health 16 and Human Services, the Administrator of the Federal 17 Emergency Management Agency, and the Director of the 18 United States Geological Survey, shall submit to Congress 19 a report on personal protective equipment requirements 20 for civil defense response teams to volcanic activity and 21 civilian communities in the vicinity of active volcanic activ- 22 ity, including protection against sulfur dioxide gas. 23 (b) TRANSFER OF EQUIPMENT AUTHORIZED.—If the 24 Secretary of Defense determines that the Department of 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00137 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 138 HR 5515 PCS Defense is in possession of excess personal protective 1 equipment that is not needed for current and future 2 planned operational requirements, the Secretary may 3 transfer such excess equipment to State and local civil de- 4 fense agencies upon request from the governor or equiva- 5 lent official of a State. 6 (c) DEFINITION OF STATE.—In this section, the term 7 ‘‘State’’ means each of the several States of the United 8 States, the District of Columbia, and any territory, com- 9 monwealth, or possession of the United States. 10 SEC. 337. REPORT ON WILDFIRE SUPPRESSION CAPABILI- 11 TIES OF ACTIVE AND RESERVE COMPO- 12 NENTS. 13 (a) SENSE OF CONGRESS.—It is the Sense of Con- 14 gress that wildfires endanger national security. 15 (b) REPORT.—Not later than 90 days after the date 16 of the enactment of this Act, the Secretary of Defense 17 shall submit to Congress a report on the wildfire suppres- 18 sion capabilities within the active and reserve components 19 of the Armed Forces, including the Modular Airborne Fire 20 Fighting System Program, and interagency cooperation 21 with the Forest Service and the Department of the Inte- 22 rior. 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00138 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 139 HR 5515 PCS SEC. 338. REPORT ON RELOCATION OF STEAM TURBINE 1 PRODUCTION FROM NIMITZ-CLASS AND 2 FORD-CLASS AIRCRAFT CARRIERS, AND VIR- 3 GINIA-CLASS AND COLUMBIA-CLASS SUB- 4 MARINES. 5 Not later than 180 days after the date of the enact- 6 ment of this Act, the Secretary of Defense, in consultation 7 with the Under Secretary of Defense for Acquisition, 8 Technology, and Logistics, and Assistant Secretary of the 9 Navy for Research, Development and Acquisition, shall de- 10 velop and submit to Congress a report describing the po- 11 tential impacts on national defense and the manufacturing 12 base resulting from contractors or subcontracts relocating 13 steam turbine production for Nimitz-class and Ford-class 14 aircraft carriers, and Virginia-class and Columbia-class 15 submarines. Such report shall address each of the fol- 16 lowing: 17 (1) The overall risk of moving production on 18 our national security including likelihood of produc- 19 tion delay or reduction in quality of steam turbines. 20 (2) The impact on natural security from a delay 21 in production of aircraft carriers and submarines. 22 (3) The impacts on regional suppliers the cur- 23 rent production of steam turbines draw on and their 24 ability to perform other contracts should a relocation 25 happen. 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00139 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 140 HR 5515 PCS (4) The impact on the national industrial and 1 manufacturing base and loss of a critically skilled 2 workforce resulting from a relocation of production. 3 (5) The risk of moving production on total cost 4 of the acquisition. 5 Subtitle E—Other Matters 6 SEC. 341. COAST GUARD REPRESENTATION ON EXPLOSIVE 7 SAFETY BOARD. 8 Section 172(a) of title 10, United States Code, is 9 amended— 10 (1) by striking ‘‘and Marine Corps’’ and insert- 11 ing ‘‘Marine Corps, and Coast Guard’’; and 12 (2) by adding at the end the following new sen- 13 tence: ‘‘When the Coast Guard is not operating as 14 a service in the Department of the Navy, the Sec- 15 retary of Homeland Security shall appoint an officer 16 of the Coast Guard to serve as a voting member of 17 the board.’’. 18 SEC. 342. SHILOH NATIONAL MILITARY PARK BOUNDARY 19 ADJUSTMENT AND PARKER’S CROSSROADS 20 BATTLEFIELD DESIGNATION. 21 (a) AREAS TO BE ADDED TO SHILOH NATIONAL 22 MILITARY PARK.— 23 (1) ADDITIONAL AREAS.—The boundary of Shi- 24 loh National Military Park is modified to include the 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00140 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 141 HR 5515 PCS areas that are generally depicted on the map entitled 1 ‘‘Shiloh National Military Park, Proposed Boundary 2 Adjustment’’, numbered 304/80,011, and dated July 3 2014, as follows: 4 (A) Fallen Timbers Battlefield. 5 (B) Russell House Battlefield. 6 (C) Davis Bridge Battlefield. 7 (2) ACQUISITION AUTHORITY.—The Secretary 8 may acquire lands described in paragraph (1) by do- 9 nation, purchase from willing sellers with donated or 10 appropriated funds, or exchange. 11 (3) ADMINISTRATION.—Any lands acquired 12 under this section shall be administered as part of 13 the Park. 14 (b) ESTABLISHMENT OF AFFILIATED AREA.— 15 (1) IN GENERAL.—Parker’s Crossroads Battle- 16 field in the State of Tennessee is hereby established 17 as an affiliated area of the National Park System. 18 (2) DESCRIPTION.—The affiliated area shall 19 consist of the area generally depicted within the 20 ‘‘Proposed Boundary’’ on the map entitled ‘‘Parker’s 21 Crossroads Battlefield, Proposed Boundary’’, num- 22 bered 903/80,073, and dated July 2014. 23 (3) ADMINISTRATION.—The affiliated area shall 24 be managed in accordance with this section and all 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00141 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 142 HR 5515 PCS laws generally applicable to units of the National 1 Park System. 2 (4) MANAGEMENT ENTITY.—The City of Park- 3 ers Crossroads and the Tennessee Historical Com- 4 mission shall jointly be the management entity for 5 the affiliated area. 6 (5) COOPERATIVE AGREEMENTS.—The Sec- 7 retary may provide technical assistance and enter 8 into cooperative agreements with the management 9 entity for the purpose of providing financial assist- 10 ance with marketing, marking, interpretation, and 11 preservation of the affiliated area. 12 (6) LIMITED ROLE OF THE SECRETARY.—Noth- 13 ing in this section authorizes the Secretary to ac- 14 quire property at the affiliated area or to assume 15 overall financial responsibility for the operation, 16 maintenance, or management of the affiliated area. 17 (7) GENERAL MANAGEMENT PLAN.— 18 (A) IN GENERAL.—The Secretary, in con- 19 sultation with the management entity, shall de- 20 velop a general management plan for the affili- 21 ated area. The plan shall be prepared in accord- 22 ance with section 100502 of title 54, United 23 States Code. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00142 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 143 HR 5515 PCS (B) TRANSMITTAL.—Not later than 3 1 years after the date that funds are made avail- 2 able for this section, the Secretary shall provide 3 a copy of the completed general management 4 plan to the Committee on Natural Resources of 5 the House of Representatives and the Com- 6 mittee on Energy and Natural Resources of the 7 Senate. 8 (c) PRIVATE PROPERTY PROTECTION.— 9 (1) NO USE OF CONDEMNATION.—The Sec- 10 retary may not acquire by condemnation any land or 11 interests in land under this section or for the pur- 12 poses of this section. 13 (2) WRITTEN CONSENT OF OWNER.—No non- 14 Federal property may be included in the Shiloh Na- 15 tional Military Park without the written consent of 16 the owner. 17 (3) NO BUFFER ZONE CREATED.—Nothing in 18 this section, the establishment of the Shiloh Na- 19 tional Military Park, or the management plan for 20 the Shiloh National Military Park shall be construed 21 to create buffer zones outside of the Park. That ac- 22 tivities or uses can be seen, heard, or detected from 23 areas within the Shiloh National Military Park shall 24 not preclude, limit, control, regulate, or determine 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00143 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 144 HR 5515 PCS the conduct or management of activities or uses out- 1 side of the Park. 2 (d) DEFINITIONS.—In this section: 3 (1) The term ‘‘affiliated area’’ means the Park- 4 er’s Crossroads Battlefield established as an affili- 5 ated area of the National Park System under sub- 6 section (b). 7 (2) The term ‘‘Park’’ means Shiloh National 8 Military Park, a unit of the National Park System. 9 (3) The term ‘‘Secretary’’ means the Secretary 10 of the Interior. 11 SEC. 343. SENSE OF CONGRESS REGARDING CRITICAL MIN- 12 ERALS. 13 It is the sense of Congress that the final composition 14 of the critical minerals list, as ordered by Executive Order 15 No. 13817, should include aggregates, copper, 16 molybendum, gold, zinc, nickel, lead, silver, and certain 17 fertilizer compounds in addition to the 35 minerals in- 18 cluded in the draft list, as published on February 16, 19 2018, for public comment. 20 SEC. 344. STUDY ON PHASING OUT OPEN BURN PITS. 21 (a) STUDY.—Not later than 180 days after the date 22 of the enactment of this Act, the Secretary of Defense 23 shall submit to Congress a study on the feasibility of phas- 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00144 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 145 HR 5515 PCS ing out the use of open burn pits by using technology in- 1 cinerators. 2 (b) OPEN BURN PIT DEFINED.—In this section, the 3 term ‘‘open burn pit’’ means an area of land— 4 (1) that is designated by the Secretary of De- 5 fense to be used for disposing solid waste by burning 6 in the outdoor air; and 7 (2) does not contain a commercially manufac- 8 tured incinerator or other equipment specifically de- 9 signed and manufactured for the burning of solid 10 waste. 11 SEC. 345. NOTIFICATION REQUIREMENTS RELATING TO 12 CHANGES TO MILITARY UNIFORM COMPO- 13 NENTS. 14 (a) DLA NOTIFICATION.—The Secretary of a mili- 15 tary department shall notify the Commander of the De- 16 fense Logistics Agency of plans to make changes to a serv- 17 ice member uniform or service member uniform compo- 18 nent. Such notification shall be made not less than three 19 years prior to the uniform change. 20 (b) CONTRACTOR NOTIFICATION.—The Commander 21 of the Defense Logistics Agency shall notify a contractor 22 when one of the military services plans to make a change 23 to a military uniform component that is provided by that 24 contractor. Such a notification shall be made not less than 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00145 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 146 HR 5515 PCS 12 months prior to any announcement of a public solicita- 1 tion for the manufacture of the new uniform components. 2 (c) WAIVER.—If the Secretary of a military depart- 3 ment or the Commander of the Defense Logistics Agency 4 determines that the notification requirement under sub- 5 section (a) would adversely impact operational safety, 6 force protection, or national security interests of the 7 United States, the secretary or the Commander may waive 8 such requirement. 9 SEC. 346. ASSESSMENT, MONITORING, AND EVALUATION OF 10 SECURITY COOPERATION. 11 (a) ASSESSMENT, MONITORING, AND EVALUATION 12 OF SECURITY COOPERATION ACTIVITIES.—Of the amount 13 for Operations and Maintenance, Defense-wide made 14 available to the Defense Security Cooperation Agency for 15 fiscal year 2019, not less than $12,000,000 shall be allo- 16 cated for the assessment, monitoring, and evaluation of 17 security cooperation activities in accordance with section 18 383 of title 10, United States Code. 19 (b) LIMITATION ON USE OF FUNDS.—Of the amount 20 for Operation and Maintenance, Defense-wide made avail- 21 able to the Department of Defense for fiscal year 2019 22 for activities under section 333 of title 10, United States 23 Code, not more than 50 percent may be expended until 24 the Secretary presents to Congress a written plan for the 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00146 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 147 HR 5515 PCS expenditure of the amount allocated under subsection (a), 1 including— 2 (1) a description of the activities planned for 3 fiscal year 2019 for the evaluation of security co- 4 operation programs across the security cooperation 5 enterprise, including through chapter 16 of title 10, 6 United States Code, the Afghanistan Security 7 Forces Fund, the Counter-ISIL Fund, the coopera- 8 tive threat reduction program, and other security co- 9 operation authorities as appropriate; and 10 (2) a description of the activities planned for 11 fiscal year 2019 for the training, support, and orga- 12 nization of the Department to effectively carry out 13 responsibilities under section 383 of title 10, United 14 States Code. 15 (c) OFFSET.—In section 7301 of division G, relating 16 to operation and maintenance, Navy, reduce the amount 17 for administration, Line 510, by $6,000,000. 18 SEC. 347. JOINT TASK FORCE FOR EXPLOSIVE ORDNANCE 19 DISPOSAL AND COUNTERING IMPROVISED 20 EXPLOSIVE DEVICES IN UNITED STATES 21 NORTHERN COMMAND. 22 (a) PLAN REQUIRED.—Not later than March 1, 23 2019, the Secretary of Defense shall provide to the con- 24 gressional defense committees an unclassified plan on how 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00147 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 148 HR 5515 PCS the United States Northern Command will organize a 1 Joint Task Force for Explosive Ordnance Disposal and 2 Countering Improvised Explosive Devices, over the full 3 range of military operations, including— 4 (1) combatant commander’s daily operational 5 requirements on joint mission command of explosive 6 ordnance disposal force planning; 7 (2) protection of the Commander in Chief and 8 critical infrastructures; and 9 (3) immediate response assistance to civil au- 10 thorities on improvised explosive devices, military 11 munitions, and explosives technical advice provided 12 at the incident scene. 13 (b) ELEMENTS.—The plan required by subsection (a) 14 shall include each of the following: 15 (1) An identification of the person to whom the 16 commander of the joint task force reports. 17 (2) A description of how the Joint Task Force 18 on Explosive Ordnance Disposal and Countering Im- 19 provised Explosive Devices would implement its re- 20 sponsibilities under sections 377, 380, 381, 382 and 21 383 of title 10 United States Code, and Department 22 of Defense Directives 5111.13 and 5111.18. 23 (3) An example of the standing execution order 24 of the Joint Chiefs that would identify the rotation 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00148 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 149 HR 5515 PCS of tactical units as forces for the Joint Task Force 1 for Explosive Ordnance Disposal and Countering 2 Improvised Explosive Devices during each of fiscal 3 years 2020 through 2025. 4 (4) A description of whether, in leveraging, in- 5 tegrating, and aligning United States Government 6 efforts, the joint task force plans to detail the explo- 7 sive ordnance disposal qualified liaison personnel of 8 the joint task force to, or host liaison personnel 9 from, or a combination thereof at any of the fol- 10 lowing: 11 (A) The National Joint Terrorism Task 12 Force. 13 (B) The National Explosives Task Force. 14 (C) The Critical Incident Response Group. 15 (D) The Terrorist Explosive Device Ana- 16 lytical Center. 17 (E) The Bomb Data Center. 18 (F) The National Center for Explosives 19 Training and Research. 20 (G) The Hazardous Devices School. 21 (H) The Office of Bombing Prevention. 22 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00149 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 150 HR 5515 PCS TITLE IV—MILITARY 1 PERSONNEL AUTHORIZATIONS 2 Subtitle A—Active Forces 3 SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 4 The Armed Forces are authorized strengths for active 5 duty personnel as of September 30, 2019, as follows: 6 (1) The Army, 487,500. 7 (2) The Navy, 335,400. 8 (3) The Marine Corps, 186,100. 9 (4) The Air Force, 329,100. 10 SEC. 402. REVISIONS IN PERMANENT ACTIVE DUTY END 11 STRENGTH MINIMUM LEVELS. 12 Section 691(b) of title 10, United States Code, is 13 amended by striking paragraphs (1) through (4) and in- 14 serting the following new paragraphs: 15 ‘‘(1) For the Army, 487,500. 16 ‘‘(2) For the Navy, 335,400. 17 ‘‘(3) For the Marine Corps, 186,100. 18 ‘‘(4) For the Air Force, 329,100.’’. 19 Subtitle B—Reserve Forces 20 SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 21 (a) IN GENERAL.—The Armed Forces are authorized 22 strengths for Selected Reserve personnel of the reserve 23 components as of September 30, 2019, as follows: 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00150 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 151 HR 5515 PCS (1) The Army National Guard of the United 1 States, 343,500. 2 (2) The Army Reserve, 199,500. 3 (3) The Navy Reserve, 59,100. 4 (4) The Marine Corps Reserve, 38,500. 5 (5) The Air National Guard of the United 6 States, 107,100. 7 (6) The Air Force Reserve, 70,000. 8 (7) The Coast Guard Reserve, 7,000. 9 (b) END STRENGTH REDUCTIONS.—The end 10 strengths prescribed by subsection (a) for the Selected Re- 11 serve of any reserve component shall be proportionately 12 reduced by— 13 (1) the total authorized strength of units orga- 14 nized to serve as units of the Selected Reserve of 15 such component which are on active duty (other 16 than for training) at the end of the fiscal year; and 17 (2) the total number of individual members not 18 in units organized to serve as units of the Selected 19 Reserve of such component who are on active duty 20 (other than for training or for unsatisfactory partici- 21 pation in training) without their consent at the end 22 of the fiscal year. 23 (c) END STRENGTH INCREASES.—Whenever units or 24 individual members of the Selected Reserve of any reserve 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00151 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 152 HR 5515 PCS component are released from active duty during any fiscal 1 year, the end strength prescribed for such fiscal year for 2 the Selected Reserve of such reserve component shall be 3 increased proportionately by the total authorized strengths 4 of such units and by the total number of such individual 5 members. 6 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 7 DUTY IN SUPPORT OF THE RESERVES. 8 Within the end strengths prescribed in section 9 411(a), the reserve components of the Armed Forces are 10 authorized, as of September 30, 2019, the following num- 11 ber of Reserves to be serving on full-time active duty or 12 full-time duty, in the case of members of the National 13 Guard, for the purpose of organizing, administering, re- 14 cruiting, instructing, or training the reserve components: 15 (1) The Army National Guard of the United 16 States, 30,595. 17 (2) The Army Reserve, 16,386. 18 (3) The Navy Reserve, 10,110. 19 (4) The Marine Corps Reserve, 2,261. 20 (5) The Air National Guard of the United 21 States, 19,861. 22 (6) The Air Force Reserve, 3,849. 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00152 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 153 HR 5515 PCS SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 1 (DUAL STATUS). 2 The minimum number of military technicians (dual 3 status) as of the last day of fiscal year 2019 for the re- 4 serve components of the Army and the Air Force (notwith- 5 standing section 129 of title 10, United States Code) shall 6 be the following: 7 (1) For the Army National Guard of the United 8 States, 22,294. 9 (2) For the Army Reserve, 6,492. 10 (3) For the Air National Guard of the United 11 States, 18,969. 12 (4) For the Air Force Reserve, 8,880. 13 SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AU- 14 THORIZED TO BE ON ACTIVE DUTY FOR 15 OPERATIONAL SUPPORT. 16 During fiscal year 2019, the maximum number of 17 members of the reserve components of the Armed Forces 18 who may be serving at any time on full-time operational 19 support duty under section 115(b) of title 10, United 20 States Code, is the following: 21 (1) The Army National Guard of the United 22 States, 17,000. 23 (2) The Army Reserve, 13,000. 24 (3) The Navy Reserve, 6,200. 25 (4) The Marine Corps Reserve, 3,000. 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00153 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 154 HR 5515 PCS (5) The Air National Guard of the United 1 States, 16,000. 2 (6) The Air Force Reserve, 14,000. 3 Subtitle C—Authorization of 4 Appropriations 5 SEC. 421. MILITARY PERSONNEL. 6 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 7 are hereby authorized to be appropriated for fiscal year 8 2019 for the use of the Armed Forces and other activities 9 and agencies of the Department of Defense for expenses, 10 not otherwise provided for, for military personnel, as spec- 11 ified in the funding table in section 7401. 12 (b) CONSTRUCTION OF AUTHORIZATION.—The au- 13 thorization of appropriations in subsection (a) supersedes 14 any other authorization of appropriations (definite or in- 15 definite) for such purpose for fiscal year 2019. 16 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00154 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 155 HR 5515 PCS TITLE V—MILITARY PERSONNEL 1 POLICY 2 Subtitle A—Regular Component 3 Management 4 SEC. 501. EXPANSION OF AUTHORITY TO AWARD CON- 5 STRUCTIVE SERVICE CREDIT FOR ADVANCED 6 EDUCATION, EXPERIENCE, OR TRAINING, 7 UPON ORIGINAL APPOINTMENT AS A COM- 8 MISSIONED OFFICER. 9 (a) ACTIVE-DUTY LIST APPOINTMENTS.—Section 10 533(g) of title 10, United States Code, is amended— 11 (1) in paragraph (1)— 12 (A) in the matter preceding subparagraph 13 (A)— 14 (i) by striking ‘‘with cyberspace-re- 15 lated experience or advanced education’’ 16 and inserting ‘‘with advanced education, 17 special experience, or special training in a 18 designated field’’; and 19 (ii) by striking ‘‘critically’’; 20 (B) in subparagraph (A)— 21 (i) by striking ‘‘in a particular cyber- 22 space-related field’’ and inserting ‘‘in such 23 designated field’’; and 24 (ii) by striking ‘‘operational’’; and 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00155 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 156 HR 5515 PCS (C) in subparagraph (B)— 1 (i) by striking ‘‘in a cyberspace-re- 2 lated field’’ and inserting ‘‘in such des- 3 ignated field’’; and 4 (ii) by striking ‘‘operational’’; 5 (2) by striking paragraph (2) and inserting the 6 following: 7 ‘‘(2) The amount of constructive service credited an 8 officer under this subsection may not exceed the amount 9 required for the officer to be eligible for an original ap- 10 pointment in the grade of— 11 ‘‘(A) colonel in the Army, Air Force, or Marine 12 Corps; or 13 ‘‘(B) captain in the Navy.’’; and 14 (3) by striking paragraph (4) and inserting the 15 following new paragraph: 16 ‘‘(4) In this subsection, the term ‘designated field’ in- 17 cludes the following: 18 ‘‘(A) Cyberspace. 19 ‘‘(B) Any scientific or technical field designated 20 by the Secretary of Defense. 21 ‘‘(C) Any other field designated by the Sec- 22 retary of Defense as a field— 23 ‘‘(i) that requires a high level of skill; and 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00156 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 157 HR 5515 PCS ‘‘(ii) that an insufficient number of officers 1 possess in the military department concerned.’’. 2 (b) RESERVE ACTIVE-STATUS LIST APPOINT- 3 MENTS.—Section 12207 of such title is amended— 4 (1) in subsection (a)(2), by striking ‘‘subsection 5 (b) or (e)’’ and inserting ‘‘subsection (b), (e), or 6 (g)’’; 7 (2) in subsection (f), by striking ‘‘or (e)’’ and 8 inserting ‘‘(e), or (g)’’; 9 (3) by redesignating subsection (g) as sub- 10 section (h); and 11 (4) by inserting after subsection (f) the fol- 12 lowing new subsection (g): 13 ‘‘(g)(1) Under regulations prescribed by the Sec- 14 retary of Defense, if the Secretary of a military depart- 15 ment determines that the number of commissioned officers 16 serving on the reserve active-status list in an armed force 17 under the jurisdiction of such Secretary with advanced 18 education, special experience, or special training in a des- 19 ignated field is below the number needed, such Secretary 20 may credit any person receiving an original appointment 21 with a period of constructive service for the following: 22 ‘‘(A) Any period of advanced education in such 23 designated field beyond the baccalaureate degree 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00157 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 158 HR 5515 PCS level if such advanced education is directly related to 1 the needs of the armed force concerned. 2 ‘‘(B) Special experience or special training in 3 such designated field if such experience or training 4 is directly related to the needs of the armed force 5 concerned. 6 ‘‘(2) The amount of constructive service credited an 7 officer under this subsection may not exceed the amount 8 required for the officer to be eligible for an original ap- 9 pointment in the grade of— 10 ‘‘(A) colonel in the Army, Air Force, or Marine 11 Corps; or 12 ‘‘(B) captain in the Navy. 13 ‘‘(3) Constructive service credited an officer under 14 this subsection is in addition to any service credited that 15 officer under subsection (a) and shall be credited at the 16 time of the original appointment of the officer. 17 ‘‘(4) In this subsection, the term ‘designated field’ 18 means any of the following: 19 ‘‘(A) Cyberspace. 20 ‘‘(B) Any scientific or technical field designated 21 by the Secretary of Defense. 22 ‘‘(C) Any other field designated by the Sec- 23 retary of Defense as a field— 24 ‘‘(i) that requires a high level of skill; and 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00158 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 159 HR 5515 PCS ‘‘(ii) that an insufficient number of officers 1 possess in the military department concerned.’’. 2 SEC. 502. SURFACE WARFARE OFFICERS CAREER PATHS. 3 (a) IN GENERAL.—Chapter 602 of title 10, United 4 States Code, is amended by adding at the end the fol- 5 lowing new section: 6 ‘‘§ 6933. Surface warfare officers: career paths 7 ‘‘Any naval officer who is commissioned as a surface 8 warfare officer on or after January 1, 2021, shall be as- 9 signed to one of the following career paths: 10 ‘‘(1) Ship engineering systems. 11 ‘‘(2) Ship operations and combat systems.’’. 12 (b) CLERICAL AMENDMENT.—The table of sections 13 at the beginning of such chapter is amended by adding 14 at the end the following new item: 15 ‘‘6933. Surface warfare officers: career paths.’’. SEC. 503. AUTHORITY OF SELECTION BOARDS TO REC- 16 OMMEND OFFICERS OF PARTICULAR MERIT 17 BE PLACED AT THE TOP OF THE PROMOTION 18 LIST. 19 (a) RECOMMENDATION BY SELECTION BOARD.—Sec- 20 tion 616 of title 10, United States Code, is amended by 21 adding at the end the following new subsection (g): 22 ‘‘(g)(1) A selection board may recommend an officer 23 of particular merit from among officers recommended for 24 promotion under subsection (a) to be placed at the top 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00159 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 160 HR 5515 PCS of a promotion list established by the Secretary of the mili- 1 tary department concerned under section 624(a)(1) of this 2 title. 3 ‘‘(2) A selection board may make a recommendation 4 under this subsection only if such recommendation is ap- 5 propriate in the opinion of a majority of the members of 6 the selection board. 7 ‘‘(3) A selection board may make recommendations 8 under this subsection for no more than the number equal 9 to 20 percent of the maximum number of officers that the 10 board is authorized to recommend for promotion. If the 11 number determined under this paragraph is less than one, 12 the board may recommend one such officer. 13 ‘‘(4) A selection board that recommends under this 14 subsection that more than one officer be placed at the top 15 of a promotion list shall recommend the order in which 16 such officers should be promoted.’’. 17 (b) ACTION BY SECRETARY CONCERNED ON REC- 18 OMMENDATION OF SELECTION BOARD.—Section 618(a) 19 of such title is amended— 20 (1) by striking ‘‘to law or regulation or to 21 guidelines’’ and inserting ‘‘to law, regulation, or 22 guidelines’’ each place it appears; 23 (2) by inserting ‘‘or, in the case of a rec- 24 ommendation under section 616(g) of this title, the 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00160 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 161 HR 5515 PCS determination of the Secretary concerned’’ after 1 ‘‘section 615(b) of this title’’ each place it appears; 2 and 3 (3) in paragraph (2), by striking ‘‘law, regula- 4 tion, and such guidelines’’ and inserting ‘‘law, regu- 5 lation, such guidelines, and the determination of the 6 Secretary concerned,’’. 7 (c) PRIORITY IN PROMOTION LIST.—Section 8 624(a)(1) of such title is amended by inserting ‘‘, subject 9 to section 616(g) of this title’’ after ‘‘active-duty list’’. 10 SEC. 504. DEFERRED DEPLOYMENT FOR MEMBERS WHO 11 GIVE BIRTH. 12 Section 701 of title 10, United States Code, is 13 amended by adding at the end the following new sub- 14 section: 15 ‘‘(l) A member of the armed forces who gives birth 16 may not be deployed during the period of 12 months be- 17 ginning on the date of such birth except— 18 ‘‘(1) at the election of such member; and 19 ‘‘(2) with the approval of a health care provider 20 employed at a military medical treatment facility.’’. 21 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00161 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 162 HR 5515 PCS SEC. 505. CODIFICATION OF LOWERED GRADE FOR RE- 1 TIRED OFFICERS OR PERSONS WHO COM- 2 MITTED MISCONDUCT IN A LOWER GRADE. 3 (a) IN GENERAL.—Subsection (b) of section 1370 of 4 title 10, United States Code, is amended— 5 (1) in the heading, by striking ‘‘NEXT’’; 6 (2) by striking ‘‘An’’ and inserting ‘‘(1) An’’; 7 and 8 (3) by adding at the end the following new 9 paragraph: 10 ‘‘(2) In the case of an officer or person whom the 11 Secretary concerned determines committed misconduct in 12 a lower grade, the Secretary concerned may determine the 13 officer or person has not served satisfactorily in any grade 14 equal to or higher than that lower grade.’’. 15 (b) CONFORMING AMENDMENTS.—Such section is 16 amended— 17 (1) in subsection (a)(1)— 18 (A) by striking ‘‘higher’’ and inserting 19 ‘‘different’’; and 20 (B) by striking ‘‘except as provided in 21 paragraph (2)’’ and inserting ‘‘subject to para- 22 graph (2) and subsection (b)’’; 23 (2) in subsection (c)(1), by striking ‘‘An offi- 24 cer’’ and inserting ‘‘Subject to subsection (b), an of- 25 ficer’’; and 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00162 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 163 HR 5515 PCS (3) in subsection (d)(1)— 1 (A) by striking ‘‘higher’’ each place it ap- 2 pears and inserting ‘‘different’’; and 3 (B) by inserting ‘‘, subject to subsection 4 (b),’’ before ‘‘shall’’. 5 SEC. 506. RETENTION OF MILITARY TECHNICIANS WHO 6 LOSE DUAL STATUS UNDER CERTAIN CIR- 7 CUMSTANCES. 8 Section 10216(g) of title 10, United States Code, is 9 amended— 10 (1) in paragraph (1), by striking ‘‘as the result 11 of a combat-related disability (as defined in section 12 1413a of this title), the person may be retained’’ 13 and inserting ‘‘for any reason other than a disquali- 14 fication described in subparagraph (B), the Sec- 15 retary shall appoint that person to a position under 16 section 3101 of title 5, in accordance with section 17 2102(a) of that title,’’; 18 (2) in paragraph (1)(A), by striking ‘‘the com- 19 bat-related’’; and 20 (3) by striking paragraph (3). 21 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00163 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 164 HR 5515 PCS SEC. 507. DEMONSTRATION PROGRAM ON ACCESSION OF 1 CANDIDATES WITH AUDITORY IMPAIRMENTS 2 AS AIR FORCE OFFICERS. 3 (a) DEMONSTRATION PROGRAM REQUIRED.—Begin- 4 ning not later than 90 days after the date of the enact- 5 ment of this Act, the Secretary of the Air Force shall carry 6 out a demonstration program to assess the feasibility and 7 advisability of permitting individuals with auditory impair- 8 ments (including deafness) to access as officers of the Air 9 Force. 10 (b) CANDIDATES.— 11 (1) NUMBER OF CANDIDATES.—The total num- 12 ber of individuals with auditory impairments who 13 may participate in the demonstration program shall 14 be not fewer than 15 individuals or more than 20 in- 15 dividuals. 16 (2) MIX AND RANGE OF AUDITORY IMPAIR- 17 MENTS.—The individuals who participate in the 18 demonstration program shall include individuals who 19 are deaf and individuals who have a range of other 20 auditory impairments. 21 (3) QUALIFICATION FOR ACCESSION.—Any indi- 22 vidual who is chosen to participate in the demonstra- 23 tion program shall meet all essential qualifications 24 for accession as an officer in the Air Force, other 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00164 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 165 HR 5515 PCS than those related to having an auditory impair- 1 ment. 2 (c) SELECTION OF PARTICIPANTS.— 3 (1) IN GENERAL.—The Secretary of the Air 4 Force shall— 5 (A) publicize the demonstration program 6 nationally, including to individuals who have 7 auditory impairments and would be otherwise 8 qualified for officer training; 9 (B) create a process whereby interested in- 10 dividuals can apply for the demonstration pro- 11 gram; and 12 (C) select the participants for the dem- 13 onstration program, from among the pool of ap- 14 plicants, based on the criteria in subsection (b). 15 (2) NO PRIOR SERVICE AS AIR FORCE OFFI- 16 CERS.—Participants selected for the demonstration 17 program shall be individuals who have not previously 18 served as officers in the Air Force. 19 (d) BASIC OFFICER TRAINING.— 20 (1) IN GENERAL.—The participants in the dem- 21 onstration program shall undergo, at the election of 22 the Secretary of the Air Force, the Basic Officer 23 Training course or the Commissioned Officer Train- 24 ing course at Maxwell Air Force Base, Alabama. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00165 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 166 HR 5515 PCS (2) NUMBER OF PARTICIPANTS.—Once individ- 1 uals begin participating in the demonstration pro- 2 gram, each Basic Officer Training course or Com- 3 missioned Officer Training course at Maxwell Air 4 Force Base, Alabama, shall include not fewer than 5 4, or more than 6, participants in the demonstration 6 program until all participants have completed such 7 training. 8 (3) AUXILIARY AIDS AND SERVICES.—The Sec- 9 retary of Defense shall ensure that participants in 10 the demonstration program have the necessary auxil- 11 iary aids and services (as that term is defined in sec- 12 tion 4 of the Americans With Disabilities Act of 13 1990 (42 U.S.C. 12103)) in order to fully partici- 14 pate in the demonstration program. 15 (e) COORDINATION.— 16 (1) SPECIAL ADVISOR.—The Secretary of the 17 Air Force shall designate a special advisor to the 18 demonstration program to act as a resource for par- 19 ticipants in the demonstration program, as well as a 20 liaison between participants in the demonstration 21 program and those providing the officer training. 22 (2) QUALIFICATIONS.—The special advisor shall 23 be a member of the Armed Forces on active duty— 24 (A) who— 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00166 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 167 HR 5515 PCS (i) if a commissioned officer, shall be 1 in grade O–3 or higher; or 2 (ii) if an enlisted member, shall be in 3 grade E–5 or higher; and 4 (B) who is knowledgeable about issues in- 5 volving, and accommodations for, individuals 6 with auditory impairments (including deafness). 7 (3) RESPONSIBILITIES.—The special advisor 8 shall be responsible for facilitating the officer train- 9 ing for participants in the demonstration program, 10 intervening and resolving issues and accommoda- 11 tions during the training, and such other duties as 12 the Secretary of the Air Force may assign to facili- 13 tate the success of the demonstration program and 14 participants. 15 (f) REPORT.—Not later than 2 years after the date 16 of the enactment of this Act, the Secretary of the Air 17 Force shall submit to the appropriate committees of Con- 18 gress a report on the demonstration program. The report 19 shall include the following: 20 (1) A description of the demonstration program 21 and the participants in the demonstration program. 22 (2) The outcome of the demonstration program, 23 including— 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00167 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 168 HR 5515 PCS (A) the number of participants in the dem- 1 onstration program that successfully completed 2 the Basic Officer Training course or the Com- 3 missioned Officer Training course; 4 (B) the number of participants in the dem- 5 onstration program that were recommended for 6 continued military service; 7 (C) the issues that were encountered dur- 8 ing the program; and 9 (D) such recommendation for modifications 10 to the demonstration program as the Secretary 11 considers appropriate to increase further inclu- 12 sion of individuals with auditory disabilities 13 serving as officers in the Air Force or other 14 Armed Forces. 15 (3) Such recommendations for legislative or ad- 16 ministrative action as the Secretary considers appro- 17 priate in light of the demonstration program. 18 (g) APPROPRIATE COMMITTEES OF CONGRESS DE- 19 FINED.—In this section, the term ‘‘appropriate commit- 20 tees of Congress’’ means— 21 (1) the Committee on Armed Services, the 22 Committee on Health, Education, Labor, and Pen- 23 sions, and the Committee on Appropriations of the 24 Senate; and 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00168 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 169 HR 5515 PCS (2) the Committee on Armed Services and the 1 Committee on Appropriations of the House of Rep- 2 resentatives. 3 SEC. 508. REPORT ON RATE OF MATERNAL MORTALITY 4 AMONG MEMBERS OF THE ARMED FORCES. 5 Not later than 180 days after the date of the enact- 6 ment of this Act, the Secretary of Defense, and with re- 7 spect to members of the Coast Guard, the Secretary of 8 the Department in which the Coast Guard is operating 9 when it is not operating as a service in the Navy, shall 10 submit to Congress a report on the rate of maternal mor- 11 tality among members of the Armed Forces and the de- 12 pendents of such members. 13 SEC. 509. GRADES OF CHIEFS OF CHAPLAINS. 14 (a) ARMY.—Section 3073 of title 10, United States 15 Code, is amended— 16 (1) by inserting ‘‘(a)’’ before ‘‘There’’; and 17 (2) by adding at the ends the following new 18 subsection: 19 ‘‘(b) The Chief of Chaplains, while so serving, holds 20 the grade of major general.’’. 21 (b) NAVY.—Section 5142 of title 10, United States 22 Code, is amended by adding at the end the following new 23 subsection: 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00169 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 170 HR 5515 PCS ‘‘(e) The Chief of Chaplains, while so serving, holds 1 the grade of rear admiral (upper half).’’. 2 (c) AIR FORCE.—Section 8039 of title 10, United 3 States Code, is amended by adding at the end the fol- 4 lowing new subsection: 5 ‘‘(c) GRADE OF CHIEF OF CHAPLAINS.—The Chief 6 of Chaplains, while so serving, holds the grade of major 7 general.’’. 8 Subtitle B—Reserve Component 9 Management 10 SEC. 511. PLACEMENT OF NATIONAL GUARD MILITARY 11 TECHNICIANS (DUAL STATUS) IN THE COM- 12 PETITIVE SERVICE. 13 Section 10508 of title 10, United States Code, is 14 amended— 15 (1) in subsection (b)(1), by striking ‘‘sections 16 2103’’ and inserting ‘‘sections 2102’’; and 17 (2) by adding at the end the following: 18 ‘‘(c) TREATMENT OF MILITARY TECHNICIAN (DUAL 19 STATUS).— 20 ‘‘(1) PRIOR CONVERSIONS.—Not later than 30 21 days after the date of enactment of this subsection, 22 the Chief of the National Guard Bureau shall con- 23 vert any military technician (dual status) occupying 24 a position in the excepted service to a position in the 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00170 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 171 HR 5515 PCS competitive service. For purposes of this paragraph, 1 the term ‘military technician (dual status)’ means 2 any military technician (dual status) of the National 3 Guard of any State, the Commonwealth of Puerto 4 Rico, the District of Columbia, Guam, or the Virgin 5 Islands who, before the date of enactment of this 6 subsection, was converted to a position in the ex- 7 cepted service by operation of this section and sec- 8 tion 1053 of the National Defense Authorization Act 9 for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 10 981; 10 U.S.C. 10216 note). 11 ‘‘(2) FUTURE CONVERSIONS.—Any military 12 technician (dual status) of the National Guard of 13 any State, the Commonwealth of Puerto Rico, the 14 District of Columbia, Guam, or the Virgin Islands 15 converted under this section and such section 1053 16 after the date of enactment of this subsection to a 17 position filled by individuals who are employed under 18 section 3101 of title 5 shall be converted to a posi- 19 tion in the competitive service. 20 ‘‘(3) DEFINITIONS.—In this subsection— 21 ‘‘(A) the term ‘competitive service’ has the 22 meaning given that term in section 2102 of title 23 5; and 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00171 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 172 HR 5515 PCS ‘‘(B) the term ‘excepted service’ has the 1 meaning given that term in section 2103 of 2 such title.’’. 3 SEC. 512. AUTHORIZED STRENGTH AND DISTRIBUTION IN 4 GRADE. 5 (a) STRENGTH AND GRADE AUTHORIZATIONS.—Sec- 6 tion 12011(a) of title 10, United States Code is amended 7 by striking those parts of the table pertaining to the Air 8 National Guard and inserting the following: 9 ‘‘Air National Guard: Major Lieutenant Colonel Colonel 10,000 ......................... 763 745 333 12,000 ......................... 915 923 377 14,000 ......................... 1,065 1,057 402 16,000 ......................... 1,211 1,185 426 18,000 ......................... 1,347 1,313 450 20,000 ......................... 1,463 1,440 468 22,000 ......................... 1,606 1,569 494 24,000 ......................... 1,739 1,697 517 26,000 ......................... 1,872 1,825 539 28,000 ......................... 2,005 1,954 562 30,000 ......................... 2,138 2,082 585 32,000 ......................... 2,271 2,210 608 34,000 ......................... 2,404 2,338 630 36,000 ......................... 2,537 2,466 653 38,000 ......................... 2,670 2,595 676 40,000 ......................... 2,803 2,723 698’’. (b) STRENGTH AND GRADE AUTHORIZATIONS.—Sec- 10 tion 12012(a) of title 10, United States Code is amended 11 by striking those parts of the table pertaining to the Air 12 National Guard and inserting the following: 13 ‘‘Air National Guard: E-8 E-9 10,000 ........................................................ 1,350 550 12,000 ........................................................ 1,466 594 14,000 ........................................................ 1,582 636 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00172 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 173 HR 5515 PCS ‘‘Air National Guard: E-8 E-9 16,000 ........................................................ 1,698 676 18,000 ........................................................ 1,814 714 20,000 ........................................................ 1,930 752 22,000 ........................................................ 2,046 790 24,000 ........................................................ 2,162 828 26,000 ........................................................ 2,278 866 28,000 ........................................................ 2,394 904 30,000 ........................................................ 2,510 942 32,000 ........................................................ 2,626 980 34,000 ........................................................ 2,742 1,018 36,000 ........................................................ 2,858 1,056 38,000 ........................................................ 2,974 1,094 40,000 ........................................................ 3,090 1,132’’. SEC. 513. NATIONAL GUARD PROMOTION ACCOUNTABILITY. 1 (a) SHORT TITLE.—This section may be cited as the 2 ‘‘National Guard Promotion Accountability Act’’. 3 (b) DATE OF RANK OF COMMISSIONED NATIONAL 4 GUARD OFFICERS PROMOTED TO A HIGHER GRADE.— 5 (1) IN GENERAL.—Section 14308(f) of title 10, 6 United States Code, is amended— 7 (A) by inserting ‘‘(1)’’ before ‘‘The effec- 8 tive date’’; 9 (B) in paragraph (1), as designated by 10 subparagraph (A) of this paragraph, by striking 11 ‘‘on which such Federal recognition in that 12 grade is so extended’’ and inserting ‘‘of the ap- 13 proval of the promotion of the officer to that 14 grade by the State concerned’’; and 15 (C) by adding at the end the following new 16 paragraph: 17 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00173 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 174 HR 5515 PCS ‘‘(2)(A) Notwithstanding subsection (c)(1), the date 1 of rank in a higher grade of an officer whose effective date 2 of promotion to such grade is governed by paragraph (1) 3 shall be such effective date of promotion. 4 ‘‘(B) The specification of the date of rank of an offi- 5 cer in a grade pursuant to subparagraph (A) shall be 6 deemed an adjustment of the date of rank of the officer 7 to that grade in the manner of section 741(d)(4) of this 8 title, pursuant to subsection (c)(2), to which section 9 741(d)(4)(C) of this title shall apply, notwithstanding sub- 10 section (c)(3).’’. 11 (2) EFFECTIVE DATE.—The amendments made 12 by paragraph (1) shall take effect on the date of the 13 enactment of this Act, and shall apply with respect 14 to National Guard officers whose promotion to a 15 grade is approved by a State after that date. 16 (c) NOTICE TO CONGRESS ON DELAY IN PUBLICA- 17 TION OF SCROLLS INDICATING PROMOTION OF COMMIS- 18 SIONED NATIONAL GUARD OFFICERS.— 19 (1) NOTICE REQUIRED.—If at the end of the 20 200-day period beginning on the receipt by the De- 21 partment of the Army or the Department of the Air 22 Force of a scroll indicating the promotion of com- 23 missioned officers in the Army National Guard or 24 Air National Guard, as applicable, the scroll has not 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00174 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 175 HR 5515 PCS been published by the military department con- 1 cerned, the Secretary of the Army or the Secretary 2 of the Air Force, as the case may be, shall imme- 3 diately notify the congressional defense committees, 4 in writing, of the following: 5 (A) The date on which the scroll was so re- 6 ceived. 7 (B) A description of the processing of the 8 scroll by the military department concerned as 9 of the date of the report, including a statement 10 of the length of time in processing at each stage 11 in the process through that date. 12 (C) The reason why the scroll was not pub- 13 lished within 200 days of receipt, and the in- 14 tended remediation for the delay in publication. 15 (2) DEFINITIONS.—In this subsection: 16 (A) The term ‘‘congressional defense com- 17 mittees’’ has the meaning given such term in 18 section 101(a)(16) of title 10, United States 19 Code. 20 (B) The term ‘‘scroll’’ has the meaning 21 given that term in Department of Defense In- 22 struction 1310.02, and any successor instruc- 23 tion or document. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00175 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 176 HR 5515 PCS SEC. 514. EXTENSION OF AUTHORITY FOR PILOT PROGRAM 1 ON USE OF RETIRED SENIOR ENLISTED MEM- 2 BERS OF THE ARMY NATIONAL GUARD AS 3 ARMY NATIONAL GUARD RECRUITERS. 4 Section 514 of the National Defense Authorization 5 Act for Fiscal Year 2018 (Public Law 115-91) is amend- 6 ed— 7 (1) in subsection (d), by striking ‘‘2020’’ and 8 inserting ‘‘2021’’; and 9 (2) in subsection (f), by striking ‘‘2019’’ and 10 inserting ‘‘2020’’. 11 SEC. 515. NATIONAL GUARD YOUTH CHALLENGE PROGRAM. 12 Section 509(k) of title 32, United States Code, is 13 amended— 14 (1) in the heading, by striking ‘‘REPORT’’ and 15 inserting ‘‘REPORTS’’; 16 (2) by striking ‘‘Within’’ and inserting ‘‘(1) Not 17 later than’’; and 18 (3) by adding at the end the following new 19 paragraph: 20 ‘‘(2) Not later than 120 days after the end of each 21 fiscal year, the Secretary of Defense shall evaluate the 22 pilot Jobs ChalleNGe Programs and submit a report of 23 findings and recommendations to Congress.’’. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00176 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 177 HR 5515 PCS SEC. 516. NATIONAL GUARD YOUTH CHALLENGE PROGRAM. 1 Section 509(h) of title 32, United States Code, is 2 amended— 3 (1) by redesignating paragraph (2) as para- 4 graph (4); and 5 (2) by inserting after paragraph (1) the fol- 6 lowing new paragraphs: 7 ‘‘(2) Equipment and facilities of the United States 8 may be transferred to the National Guard for purposes 9 of carrying out the Program. 10 ‘‘(3) Equipment and facilities of a State, county, or 11 local government entity may be transferred to the Na- 12 tional Guard for purposes of carrying out the Program.’’. 13 SEC. 517. USE OF NATIONAL GUARD IN CASE OF A MAJOR 14 DISASTER OR REQUEST FROM A STATE GOV- 15 ERNOR. 16 The President shall order members of the National 17 Guard in a State to full-time National Guard duty or ac- 18 tive Guard and Reserve duty under section 502(f) of title 19 32, United States Code, if— 20 (1) the Governor of the State requests such an 21 order; and 22 (2) the President declares that a major disaster 23 exists— 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00177 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 178 HR 5515 PCS (A) in that State and one or more other 1 States is participating in the response to the 2 disaster; or 3 (B) in two States described in subpara- 4 graph (A) because of the same event. 5 SECTION 518. FUNDING OF NATIONAL GUARD IN CASE OF 6 A MAJOR DISASTER OR EMERGENCY DE- 7 CLARED UNDER THE STAFFORD ACT. 8 Section 403(c) of the Robert T. Stafford Disaster Re- 9 lief and Emergency Assistance Act (42 U.S.C. 5170b(c)) 10 is amended— 11 (1) by redesignating paragraph (6) as para- 12 graph (7); and 13 (2) by inserting after paragraph (5) the fol- 14 lowing new paragraph (6): 15 ‘‘(6) NATIONAL GUARD.—The President may 16 make contributions to a State or local government 17 for the purpose of reimbursing the Department of 18 Defense for expenditures that arise from use of 19 members of the National Guard and Reserve under 20 section 502(f) of title 32, United States Code, to re- 21 spond to a major disaster declared by the President 22 under section 401 of this Act.’’. 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00178 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 179 HR 5515 PCS SEC. 519. PILOT PROGRAM FOR EOD-QUALIFIED MEMBERS 1 OF THE ARMY NATIONAL GUARD TO SUP- 2 PORT CIVIL AUTHORITIES. 3 (a) PILOT PROGRAM AUTHORIZED.—The Secretary 4 of the Army may carry out a pilot program under which 5 EOD-qualified members of the Army National Guard may 6 conduct planning and immediate response defense support 7 to civil authorities. 8 (b) OBJECTIVES.—The Secretary of the Army shall 9 design a pilot program conducted under this section to de- 10 termine the following: 11 (1) The feasibility and effectiveness of estab- 12 lishing program described in subsection (a). 13 (2) The merits of using EOD-qualified mem- 14 bers of the Army National Guard on full-time Na- 15 tional Guard duty versus such members on active 16 duty for such a pilot program. 17 (3) The need for legislative authority to conduct 18 such a pilot program. 19 (4) The costs to make such a pilot program 20 permanent. 21 (c) CONSULTATION.—In developing a pilot program 22 under this section, the Secretary of the Army shall consult 23 with the Commanders of the United States Northern Com- 24 mand and United States Pacific Command regarding— 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00179 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 180 HR 5515 PCS (1) defeating sustained bombings in the United 1 States, including the territories and possessions; 2 (2) plans for EOD defense support of des- 3 ignated national special security events; 4 (3) plans for EOD defense support of the na- 5 tional response framework activities of the Depart- 6 ments of Justice and Homeland Security; 7 (4) EOD immediate response for recovery of 8 Department of Defense munitions off-installation; 9 and 10 (5) EOD immediate response in support of ci- 11 vilian law enforcement agencies. 12 (d) AUTHORITY FOR PAY AND ALLOWANCES.—The 13 Secretary of Defense may, subject to appropriations, make 14 funds available to fund pay, allowances, travel, training, 15 operations, and maintenance costs for members of the 16 Army National Guard who participate in the pilot pro- 17 gram. 18 (e) COMMENCEMENT; DURATION.—The Secretary of 19 the Army may commence a pilot program under this sec- 20 tion on or after January 1, 2019. All activities under such 21 a pilot program shall terminate no later than December 22 31, 2023. 23 (f) REPORT.—If the Secretary of the Army carries 24 out a pilot program under this section, the Secretary shall 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00180 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 181 HR 5515 PCS submit to the congressional defense committees a report 1 containing an evaluation of the pilot program, including 2 determinations described in subsection (b), not later than 3 January 1, 2021. 4 (g) EOD DEFINED.—In this section, the term 5 ‘‘EOD’’ means explosive ordnance disposal. 6 Subtitle C—General Service Au- 7 thorities and Correction of Mili- 8 tary Records 9 SEC. 521. ENLISTMENTS VITAL TO THE NATIONAL INTER- 10 EST. 11 (a) IN GENERAL.—Section 504(b) of title 10, United 12 States Code, is amended— 13 (1) in paragraph (2)— 14 (A) by inserting ‘‘and subject to paragraph 15 (3),’’ after ‘‘Notwithstanding paragraph (1),’’; 16 (B) by striking ‘‘enlistment is vital to the 17 national interest.’’ and inserting ‘‘person pos- 18 sesses a skill or expertise—’’; and 19 (C) by adding at the end the following new 20 subparagraphs: 21 ‘‘(A) that is vital to the national interest; and 22 ‘‘(B) that the person will use in daily duties as 23 a member of the armed forces.’’; and 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00181 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 182 HR 5515 PCS (2) by adding at the end the following new 1 paragraph (3): 2 ‘‘(3)(A) No person who enlists under paragraph (2) 3 may report to initial training until after the Secretary con- 4 cerned has completed all required background investiga- 5 tions and security and suitability screening as determined 6 by the Secretary of Defense regarding that person. 7 ‘‘(B) A Secretary concerned may not authorize more 8 than 1,000 enlistments under paragraph (2) per military 9 department in a calendar year until after— 10 ‘‘(i) the Secretary of Defense submits to Con- 11 gress written notice of the intent of that Secretary 12 concerned to authorize more than 1,000 such enlist- 13 ments in a calendar year; and 14 ‘‘(ii) a period of 30 days has elapsed after the 15 date on which Congress receives the notice.’’. 16 (b) REPORT.— 17 (1) IN GENERAL.—Not later than December 31, 18 2019, and annually thereafter for each of the subse- 19 quent four years, the Secretary concerned shall sub- 20 mit a report to the Committees on Armed Services 21 and the Judiciary of the Senate and the House of 22 Representatives regarding persons who enter into 23 enlistment contracts under section 504(b)(2) of title 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00182 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 183 HR 5515 PCS 10, United States Code, as amended by subsection 1 (a). 2 (2) ELEMENTS.—Each report under this sub- 3 section shall include the following: 4 (A) The number of such persons who have 5 entered into such contracts during the pre- 6 ceding calendar year. 7 (B) How many such persons have success- 8 fully completed background investigations and 9 vetting procedures. 10 (C) How many such persons have begun 11 initial training. 12 (D) The skills that are vital to the national 13 interest that such persons possess. 14 SEC. 522. STATEMENT OF BENEFITS. 15 (a) IN GENERAL.—Chapter 58 of title 10, United 16 States Code, is amended by adding at the end the fol- 17 lowing new section: 18 ‘‘§ 1155. Statement of benefits 19 ‘‘(a) BEFORE SEPARATION.—Not later than 30 days 20 before a member retires, is released, is discharged, or oth- 21 erwise separates from the armed forces (or as soon as is 22 practicable in the case of an unanticipated separation), the 23 Secretary concerned shall provide that member with a cur- 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00183 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 184 HR 5515 PCS rent assessment of all benefits to which that member is 1 entitled under laws administered by— 2 ‘‘(1) the Secretary of Defense; and 3 ‘‘(2) the Secretary of Veterans Affairs. 4 ‘‘(b) ANNUAL STATEMENT FOR RESERVES.—Not less 5 than once each year, the Secretary concerned shall provide 6 each member of a reserve component with a current as- 7 sessment of benefits described in subsection (a).’’. 8 (b) CLERICAL AMENDMENT.—The table of sections 9 at the beginning of such chapter is amended by inserting 10 after the item relating to section 1154 the following new 11 item: 12 ‘‘1155. Statement of benefits.’’. SEC. 523. MODIFICATION TO FORMS OF SUPPORT THAT 13 MAY BE ACCEPTED IN SUPPORT OF THE MIS- 14 SION OF THE DEFENSE POW/MIA ACCOUNT- 15 ING AGENCY. 16 (a) PUBLIC-PRIVATE PARTNERSHIPS.—Subsection 17 (a) of section 1501a of title 10, United States Code, is 18 amended by adding at the end the following new sentence: 19 ‘‘An employee of an entity outside the Government that 20 has entered into a public-private partnership, cooperative 21 agreement, or a grant arrangement with, or in direct sup- 22 port of, the designated Defense Agency under this section 23 shall be considered to be an employee of the Federal Gov- 24 ernment by reason of participation in such partnership, 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00184 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 185 HR 5515 PCS cooperative agreement, or grant, only for the purposes of 1 section 552a of title 5 (relating to maintenance of records 2 on individuals).’’. 3 (b) AUTHORITY TO ACCEPT GIFTS IN SUPPORT OF 4 MISSION TO ACCOUNT FOR MISSING PERSONS FROM 5 PAST CONFLICTS.—Such section is further amended— 6 (1) by redesignating subsections (e) and (f) as 7 subsections (f) and (g), respectively; 8 (2) by inserting after subsection (d) the fol- 9 lowing new subsection (e): 10 ‘‘(e) ACCEPTANCE OF GIFTS.— 11 ‘‘(1) AUTHORITY TO ACCEPT.—Subject to sub- 12 section (f)(2), the Secretary may accept, hold, ad- 13 minister, spend, and use any gift of personal prop- 14 erty, money, or services made on the condition that 15 the gift be used for the purpose of facilitating ac- 16 counting for missing persons pursuant to section 17 1501(a)(2)(C) of this title. 18 ‘‘(2) GIFT FUNDS.—Gifts and bequests of 19 money accepted under this subsection shall be depos- 20 ited in the Treasury in the Department of Defense 21 General Gift Fund. 22 ‘‘(3) USE OF GIFTS.—Personal property and 23 money accepted under this subsection may be used 24 by the Secretary, and services accepted under this 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00185 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 186 HR 5515 PCS subsection may be performed, without further spe- 1 cific authorization in law. 2 ‘‘(4) EXPENSES OF TRANSFER.—The Secretary 3 may pay all necessary expenses in connection with 4 the conveyance or transfer of a gift accepted under 5 this subsection. 6 ‘‘(5) EXPENSES OF CARE.—The Secretary may 7 pay all reasonable and necessary expenses in connec- 8 tion with the care of a gift accepted under this sub- 9 section.’’; and 10 (3) by adding at the end of subsection (g), as 11 redesignated by paragraph (1) of this subsection, the 12 following new paragraph: 13 ‘‘(3) GIFT.—The term ‘gift’ includes a devise or 14 bequest.’’. 15 (c) CONFORMING AMENDMENT.—Subsection (a) of 16 such section is further amended by striking ‘‘subsection 17 (e)(1)’’ and inserting ‘‘subsection (f)(1)’’. 18 SEC. 524. CORRECTION OF MILITARY RECORDS WEBSITE. 19 (a) IN GENERAL.—Section 1552(a)(5) of title 10, 20 United States Code, is amended by striking the second 21 sentence and inserting the following: ‘‘The Secretary shall 22 also publish on such website a summary of each such deci- 23 sion, indexed by subject matter. The Secretary shall redact 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00186 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 187 HR 5515 PCS all personally identifiable information from any such deci- 1 sion and summary.’’ 2 (b) EFFECTIVE DATE.—The amendments made by 3 this section shall take effect on October 1, 2019. 4 SEC. 525. MODIFICATION OF DD FORM 214 TO INCLUDE 5 EMAIL ADDRESSES. 6 (a) IN GENERAL.—The Secretary of Defense shall 7 modify the Certificate of Release or Discharge from Active 8 Duty (DD Form 214) by adding an entry block in which 9 a member of the Armed Forces may provide one or more 10 email addresses at which the member may be contacted 11 after separation from active duty in the Armed Forces. 12 (b) DEADLINE.—The Secretary shall carry out sub- 13 section (a) not later than 1 year after the date of the en- 14 actment of this Act. 15 SEC. 526. PUBLIC AVAILABILITY OF REPORTS RELATED TO 16 SENIOR LEADER MISCONDUCT. 17 (a) ESTABLISHMENT OF WEBSITE.—The Secretary 18 of Defense and each Secretary of a military department 19 shall make available on a public website of the Department 20 of Defense all reports on substantiated investigations of 21 misconduct completed by the Inspectors General of the 22 Department and each military department regarding— 23 (1) an officer in the grade of O–7 or higher; 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00187 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 188 HR 5515 PCS (2) an officer selected for promotion to grade 1 O–7; or 2 (3) a civilian member of the Senior Executive 3 Service. 4 (b) PUBLISHED REPORTS.—Each report under sub- 5 section (a) shall be— 6 (1) properly redacted; 7 (2) segregated from documents regarding ongo- 8 ing investigations (including announcements); 9 (3) labelled with the name of subject of the in- 10 vestigation; and 11 (4) searchable by the name of subject of the in- 12 vestigation. 13 (c) DEADLINE.—The Secretary shall carry out this 14 section not later than 90 days after the enactment of this 15 Act. 16 SEC. 527. APPOINTMENT AND TRAINING OF PERSONNEL TO 17 STAFF THE BOARD OF CORRECTIONS FOR 18 MILITARY AND NAVAL RECORDS. 19 (a) IN GENERAL.—The Secretary of Defense, in con- 20 sultation with the Service Secretaries and Joint Chiefs, 21 shall provide for the appointment and training of qualified 22 personnel to join the staff of the Boards of Corrections 23 for Military and Naval Records. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00188 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 189 HR 5515 PCS (b) AUTHORIZATION OF APPROPRIATIONS.—There is 1 authorized to be appropriated for the Department of De- 2 fense a total of $3,000,000.00, in order to carry out the 3 training required by subsection (a) and to provide related 4 equipment and accommodations. 5 SEC. 528. ENTREPRENEURIAL SABBATICAL FOR SCI- 6 ENTISTS EMPLOYED AT DEFENSE LABORA- 7 TORIES. 8 The Secretary of Defense may prescribe regulations 9 that permit scientists employed at defense laboratories to 10 take unpaid sabbaticals from such employment to work 11 in the private sector. Such regulations may address issues 12 including conflict of interest and the risk and impact to 13 mission if critical positions are unfilled due to a sabbatical. 14 SEC. 529. COMPLETION OF DEPARTMENT OF DEFENSE DI- 15 RECTIVE 2310.07E REGARDING MISSING PER- 16 SONS. 17 (a) IN GENERAL.—The Secretary of Defense shall 18 make the completion of Department of Defense Directive 19 2310.07E a top priority in order to improve the efficiency 20 of locating missing persons. 21 (b) DEFINITION.—In this section, the term ‘‘missing 22 person’’ has the meaning given such term in section 1513 23 of title 10, United States Code. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00189 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 190 HR 5515 PCS SEC. 530. ATTENDING PHYSICIAN TO THE CONGRESS. 1 (a) IN GENERAL.—Chapter 41 of title 10, United 2 States Code, is amended by inserting before section 716 3 the following new section: 4 ‘‘§ 715. Attending Physician to the Congress: grade 5 ‘‘A general officer serving as Attending Physician to 6 the Congress, while so serving, holds the grade of major 7 general. A flag officer serving as Attending Physician to 8 the Congress, while so serving, holds the grade of rear ad- 9 miral (upper half).’’. 10 (b) CLERICAL AMENDMENT.—The table of sections 11 at the beginning of such chapter is amended by inserting 12 before the item relating the section 716 the following new 13 item: 14 ‘‘715. Attending Physician to Congress: grade’’. Subtitle D—Military Justice 15 SEC. 531. MINIMUM CONFINEMENT PERIOD REQUIRED FOR 16 CONVICTION OF CERTAIN SEX-RELATED OF- 17 FENSES COMMITTED BY MEMBERS OF THE 18 ARMED FORCES. 19 Section 856(b)(1) of title 10, United States Code (ar- 20 ticle 56(b)(1) of the Uniform Code of Military Justice), 21 is amended by striking ‘‘such punishment must include, 22 at a minimum, dismissal or dishonorable discharge, except 23 as provided for in section 860 of this title (article 60)’’ 24 and inserting ‘‘except as provided for in section 860 of 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00190 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 191 HR 5515 PCS this title (article 60), such punishment must include, at 1 a minimum—’’ 2 ‘‘(A) dismissal or dishonorable discharge; and 3 ‘‘(B) confinement for two years.’’. 4 SEC. 532. PUNITIVE ARTICLE IN THE UNIFORM CODE OF 5 MILITARY JUSTICE ON DOMESTIC VIOLENCE. 6 (a) IN GENERAL.—Subchapter X of chapter 47 of 7 title 10, United States Code (the Uniform Code of Military 8 Justice), is amended by inserting after the item relating 9 to section 928 (article 128) the following new section (arti- 10 cle): 11 ‘‘§ 928a. Art 128a. Domestic violence 12 ‘‘(a) DOMESTIC VIOLENCE.—Any person subject to 13 this chapter who, unlawfully and with force or violence, 14 attempts, offers to, or does intimidate, manipulate, humili- 15 ate, isolate, frighten, terrorize, coerce, threaten, blame, 16 hurt, injure, or wound another person of whom the person 17 is an intimate partner is guilty of domestic violence and 18 shall be punished as a court-martial may direct. 19 ‘‘(b) AGGRAVATED DOMESTIC VIOLENCE.—Any per- 20 son subject to this chapter who, in committing domestic 21 violence, uses a weapon, means, or force in a manner likely 22 to produce death or grievous bodily harm is guilty of ag- 23 gravated domestic violence and shall be punished as a 24 court-martial may direct.’’. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00191 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 192 HR 5515 PCS (b) CLERICAL AMENDMENT.—The table of sections 1 at the beginning of subchapter X of chapter 47 of such 2 title is amended by inserting after the item relating to sec- 3 tion 928 (article 128) the following new item: 4 ‘‘928a. 128a. Domestic violence.’’. SEC. 533. DEFENSE ADVISORY COMMITTEE ON INVESTIGA- 5 TION, PROSECUTION, AND DEFENSE OF SEX- 6 UAL ASSAULT IN THE ARMED FORCES. 7 Section 546(c)(2) of the Carl Levin and Howard P. 8 ‘‘Buck’’ McKeon National Defense Authorization Act for 9 Fiscal Year 2015 (Public Law 113–291; 10 U.S.C. 1561 10 note) is amended by adding at the end the following new 11 sentence: ‘‘After a majority vote by the Advisory Com- 12 mittee and upon request of the Chair of the Advisory Com- 13 mittee, the Secretary of Defense shall provide to the Advi- 14 sory Committee information the Secretary determines is 15 relevant to the scope and mission of the Advisory Com- 16 mittee under this section.’’. 17 SEC. 534. MODIFICATION OF MILITARY RULES OF EVI- 18 DENCE TO EXCLUDE ADMISSIBILITY OF GEN- 19 ERAL MILITARY CHARACTER TOWARD PROB- 20 ABILITY OF INNOCENCE IN ANY OFFENSE 21 NOT STRICTLY RELATED TO PERFORMANCE 22 OF MILITARY DUTIES. 23 (a) IN GENERAL.—Not later than 180 days after the 24 date of the enactment of this Act, Rule 404(a) of the Mili- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00192 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 193 HR 5515 PCS tary Rules of Evidence shall be amended to provide that 1 the general military character of an accused is not admis- 2 sible for the purpose of showing the probability of inno- 3 cence of the accused for any offense under chapter 47 of 4 title 10, United States Code (the Uniform Code of Military 5 Justice), unless such offense is strictly and solely related 6 to the performance of military duties. 7 (b) SPECIFICATION OF OFFENSES FOR WHICH AD- 8 MISSIBILITY ALLOWED.— 9 (1) IN GENERAL.—Each Secretary concerned 10 shall specify, and may from time to time modify, the 11 offenses under chapter 47 of title 10, United States 12 Code, for which the military character of members 13 of the Armed Forces under the jurisdiction of such 14 Secretary is admissible pursuant to subsection (a) as 15 a result of such offense being strictly and solely re- 16 lated to the performance of military duties. 17 (2) APPROVAL OF PRESIDENT REQUIRED.—The 18 specification of an offense pursuant to paragraph 19 (1), and any modification of such specification, shall 20 not be effective unless approved by the President. 21 (3) SECRETARY CONCERNED DEFINED.—In this 22 subsection, the term ‘‘Secretary concerned’’ has the 23 meaning given that term in section 101(a)(9) of title 24 10, United States Code. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00193 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 194 HR 5515 PCS SEC. 535. IMPROVED CRIME REPORTING. 1 (a) IN GENERAL.—The Secretary of Defense, in con- 2 sultation with the secretaries of the military departments, 3 shall establish a consolidated tracking process for the en- 4 tire Department of Defense to ensure increased oversight 5 of the timely submission of crime reporting data to the 6 Federal Bureau of Investigation under section 922(g) of 7 title 18, United States Code, and Department of Defense 8 Instruction 5505.11, ‘‘Fingerprint Card and Final Dis- 9 position Report Submission Requirements’’. The tracking 10 process shall, to the maximum extent possible, standardize 11 and automate reporting and increase the ability of the De- 12 partment to track such submissions. 13 (b) REPORT REQUIRED.—Not later than July 1, 14 2019, the Secretary of Defense shall submit a report to 15 the Committees on Armed Services of the Senate and 16 House of Representatives that details the tracking proc- 17 ess. 18 SEC. 536. OVERSIGHT OF REGISTERED SEX OFFENDER 19 MANAGEMENT PROGRAM. 20 (a) DESIGNATION OF OFFICIAL OR ENTITY.—The 21 Secretary of Defense shall designate a single official or 22 entity within the Office of the Secretary of Defense to 23 serve as the official or entity (as the case may be) with 24 principal responsibility in the Department of Defense for 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00194 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 195 HR 5515 PCS providing oversight of the registered sex offender manage- 1 ment program of the Department. 2 (b) DUTIES.—The official or entity designated under 3 subsection (a) shall— 4 (1) monitor compliance with Department of De- 5 fense Instruction 5525.20 and other relevant polices; 6 (2) compile data on members serving in the 7 military departments who have been convicted of a 8 qualifying sex offense, including data on the sex of- 9 fender registration status of each such member; 10 (3) maintain statistics on the total number of 11 active duty service members in each military depart- 12 ment who are required to register as sex offenders; 13 and 14 (4) perform such other duties as the Secretary 15 of Defense determines to be appropriate. 16 (c) BRIEFING REQUIRED.—Not later than June 1, 17 2019, the Secretary of Defense shall provide to the Com- 18 mittee on Armed Services of the House of Representatives 19 a briefing on— 20 (1) the compliance of the military departments 21 with the policies of the Department of Defense relat- 22 ing to registered sex offenders; 23 (2) the results of the data compilation described 24 in subsection (b)(2); and 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00195 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 196 HR 5515 PCS (3) any other matters the Secretary determines 1 to be appropriate. 2 (d) MILITARY DEPARTMENTS DEFINED.—In this 3 section, the term ‘‘military departments’’ has the meaning 4 given that term in section 101(a)(8) of title 10, United 5 States Code. 6 Subtitle E—Other Legal Matters 7 SEC. 541. SECURITY CLEARANCE REINVESTIGATION OF 8 CERTAIN PERSONNEL WHO COMMIT CERTAIN 9 OFFENSES. 10 Section 1564 of title 10, United States Code, is 11 amended— 12 (1) by redesignating subsections (c), (d), (e), 13 and (f) as subsection (d), (e), (f), and (g), respec- 14 tively; and 15 (2) by inserting after subsection (b) the fol- 16 lowing new subsection (c): 17 ‘‘(c) REINVESTIGATION OF CERTAIN INDIVIDUALS.— 18 (1) The Secretary of Defense shall conduct an investiga- 19 tion under subsection (a) of any individual described in 20 paragraph (2) upon— 21 ‘‘(A) conviction of that individual by a court of 22 competent jurisdiction for— 23 ‘‘(i) sexual assault; 24 ‘‘(ii) sexual harassment; 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00196 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 197 HR 5515 PCS ‘‘(iii) fraud against the United States; or 1 ‘‘(iv) any other violation that the Secretary 2 determines renders that individual susceptible 3 to blackmail or raises serious concern regarding 4 the ability of that individual to hold a security 5 clearance; or 6 ‘‘(B) determination by a commanding officer 7 that the individual has committed an offense de- 8 scribed in subparagraph (A). 9 ‘‘(2) An individual described in this paragraph has 10 a security clearance and is— 11 ‘‘(A) a flag officer; 12 ‘‘(B) a general officer; or 13 ‘‘(C) an employee of the Department of Defense 14 in the Senior Executive Service. 15 ‘‘(3) The Secretary shall conduct an investigation 16 under this subsection of an individual described in para- 17 graph (2) regardless of whether that individual has retired 18 or resigned, is discharged or released, or otherwise sepa- 19 rated from the armed forces or Department of Defense. 20 ‘‘(4) In this subsection: 21 ‘‘(A) The term ‘sexual assault’ includes rape, 22 sexual assault, forcible sodomy, aggravated sexual 23 contact, abusive sexual contact, and attempts to 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00197 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 198 HR 5515 PCS commit such offenses, as those terms are defined in 1 the Uniform Code of Military Justice. 2 ‘‘(B) The term ‘sexual harassment’ has the 3 meaning given that term in section 1561 of this 4 title. 5 ‘‘(C) The term ‘fraud against the United 6 States’ means a violation of section 932 of this title 7 (Article 132 of the Uniform Code of Military Jus- 8 tice).’’. 9 SEC. 542. CONSIDERATION OF APPLICATION FOR TRANS- 10 FER FOR A STUDENT OF A MILITARY SERV- 11 ICE ACADEMY WHO IS THE VICTIM OF A SEX- 12 UAL ASSAULT OR RELATED OFFENSE. 13 (a) MILITARY ACADEMY.—Section 4361 of title 10, 14 United States Code, is amended by adding at the end the 15 following new subsection (e): 16 ‘‘(e) CONSIDERATION OF APPLICATION FOR TRANS- 17 FER FOR A CADET WHO IS THE VICTIM OF A SEXUAL 18 ASSAULT OR RELATED OFFENSE.—(1) The Secretary of 19 the Army shall provide for timely determination and action 20 on an application for consideration of a transfer to an- 21 other military service academy submitted by a cadet who 22 was a victim of a sexual assault or other offense covered 23 by section 920, 920a, or 920c of this title (article 120, 24 120a, or 120c of the Uniform Code of Military Justice) 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00198 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 199 HR 5515 PCS so as to reduce the possibility of retaliation against the 1 cadet for reporting the sexual assault or other offense. 2 ‘‘(2) The Secretary of the Army shall prescribe regu- 3 lations to carry out this subsection, within guidelines pro- 4 vided by the Secretary of Defense that direct the Super- 5 intendent of the Military Academy, in coordination with 6 the Superintendent of the military service academy to 7 which the cadet wishes to transfer, to approve or deny an 8 application under this subsection not later than 72 hours 9 after the submission of the application. If the Super- 10 intendent denies such an application, the cadet may re- 11 quest review of the denial by the Secretary of the Army, 12 who shall grant or deny review not later than 72 hours 13 after submission of the request for review. The Secretary 14 of the Army shall ensure that all records of any request, 15 determination, or action under this subsection remains 16 confidential.’’. 17 (b) NAVAL ACADEMY.—Section 6980 of title 10, 18 United States Code, is amended by adding at the end the 19 following new subsection (e): 20 ‘‘(e) CONSIDERATION OF APPLICATION FOR TRANS- 21 FER FOR A MIDSHIPMAN WHO IS THE VICTIM OF A SEX- 22 UAL ASSAULT OR RELATED OFFENSE.—(1) The Sec- 23 retary of the Navy shall provide for timely determination 24 and action on an application for consideration of a trans- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00199 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 200 HR 5515 PCS fer to another military service academy submitted by a 1 midshipman who was a victim of a sexual assault or other 2 offense covered by section 920, 920a, or 920c of this title 3 (article 120, 120a, or 120c of the Uniform Code of Mili- 4 tary Justice) so as to reduce the possibility of retaliation 5 against the midshipman for reporting the sexual assault 6 or other offense. 7 ‘‘(2) The Secretary of the Navy shall prescribe regu- 8 lations to carry out this subsection, within guidelines pro- 9 vided by the Secretary of Defense that direct the Super- 10 intendent of the Naval Academy, in coordination with the 11 Superintendent of the military service academy to which 12 the midshipman wishes to transfer, to approve or deny an 13 application under this subsection not later than 72 hours 14 after the submission of the application. If the Super- 15 intendent denies such an application, the midshipman may 16 request review of the denial by the Secretary of the Navy, 17 who shall grant or deny review not later than 72 hours 18 after submission of the request for review. The Secretary 19 of the Navy shall ensure that all records of any request, 20 determination, or action under this subsection remains 21 confidential.’’. 22 (c) AIR FORCE ACADEMY.—Section 9361 of title 10, 23 United States Code, is amended by adding at the end the 24 following new subsection (e): 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00200 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 201 HR 5515 PCS ‘‘(e) CONSIDERATION OF APPLICATION FOR TRANS- 1 FER FOR A CADET WHO IS THE VICTIM OF A SEXUAL 2 ASSAULT OR RELATED OFFENSE.—(1) The Secretary of 3 the Air Force shall provide for timely determination and 4 action on an application for consideration of a transfer 5 to another military service academy submitted by a cadet 6 who was a victim of a sexual assault or other offense cov- 7 ered by section 920, 920a, or 920c of this title (article 8 120, 120a, or 120c of the Uniform Code of Military Jus- 9 tice) so as to reduce the possibility of retaliation against 10 the cadet for reporting the sexual assault or other offense. 11 ‘‘(2) The Secretary of the Air Force shall prescribe 12 regulations to carry out this subsection, within guidelines 13 provided by the Secretary of Defense that direct the Su- 14 perintendent of the Air Force Academy, in coordination 15 with the Superintendent of the military service academy 16 to which the cadet wishes to transfer, to approve or deny 17 an application under this subsection not later than 72 18 hours after the submission of the application. If the Su- 19 perintendent denies such an application, the cadet may re- 20 quest review of the denial by the Secretary of the Air 21 Force, who shall grant or deny review not later than 72 22 hours after submission of the request for review. The Sec- 23 retary of the Air Force shall ensure that all records of 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00201 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 202 HR 5515 PCS any request, determination, or action under this sub- 1 section remains confidential.’’. 2 SEC. 543. STANDARDIZATION OF POLICIES RELATED TO EX- 3 PEDITED TRANSFER IN CASES OF SEXUAL AS- 4 SAULT. 5 (a) POLICIES FOR MEMBERS.—The Secretary of De- 6 fense shall modify all policies related to the expedited 7 transfer of a member of the Army, Navy, Air Force, or 8 Marine Corps who is the victim of sexual assault (regard- 9 less of whether the case is handled under the Sexual As- 10 sault Prevention and Response Program or Family Advo- 11 cacy Program) that the Secretary determines necessary to 12 establish a standardized expedited transfer process for 13 such members, consistent with section 673 of title 10, 14 United States Code. 15 (b) POLICIES FOR DEPENDENTS OF MEMBERS.—The 16 Secretary of Defense shall establish a policy to allow the 17 transfer of a member of the Army, Navy, Air Force, or 18 Marine Corps whose dependent is the victim of sexual as- 19 sault perpetrated by a member of the Armed Forces who 20 is not related to the victim. 21 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00202 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 203 HR 5515 PCS SEC. 544. DEVELOPMENT OF OVERSIGHT PLAN FOR IMPLE- 1 MENTATION OF DEPARTMENT OF DEFENSE 2 HARASSMENT PREVENTION AND RESPONSE 3 POLICY. 4 (a) DEVELOPMENT.—The Secretary of Defense shall 5 develop a plan for overseeing the implementation of the 6 instruction titled ‘‘Harassment Prevention and Response 7 in the Armed Forces’’, published on February 8, 2018 8 (DODI–1020.03). 9 (b) ELEMENTS.—The plan under subsection (a) shall 10 require the military services and other components of the 11 Department of Defense to take steps by certain dates to 12 implement harassment prevention and response programs 13 under such instruction, including no less than the fol- 14 lowing: 15 (1) Submitting implementation plans to the Di- 16 rector, Force Resiliency. 17 (2) Incorporating results-oriented performance 18 measures that assess the effectiveness of harassment 19 prevention and response programs. 20 (3) Adopting compliance standards for pro- 21 moting, supporting, and enforcing policies, plans, 22 and programs. 23 (4) Tracking, collecting, and reporting data and 24 information on sexual harassment incidents based on 25 standards established by the Secretary. 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00203 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 204 HR 5515 PCS (5) Instituting anonymous complaint mecha- 1 nisms. 2 (c) REPORT.—Not later than July 1, 2019, the Sec- 3 retary shall submit to the Committees on Armed Services 4 of the Senate and the House of Representatives a report 5 on the oversight plan developed under this section. The 6 report shall include, for each military service and compo- 7 nent of the Department of Defense, the implementation 8 status of each element of the oversight plan. 9 SEC. 545. DEVELOPMENT OF RESOURCE GUIDES REGARD- 10 ING SEXUAL ASSAULT FOR THE MILITARY 11 SERVICE ACADEMIES. 12 (a) DEVELOPMENT.—Not later than 30 days after 13 the date of the enactment of this Act, each Superintendent 14 of a military service academy shall develop and maintain 15 a resource guide for students at the respective military 16 service academies regarding sexual assault. 17 (b) ELEMENTS.—Each guide developed under this 18 section shall include the following information with re- 19 gards to the relevant military service academy: 20 (1) PROCESS OVERVIEW AND DEFINITIONS.— 21 (A) A clear explanation of prohibited con- 22 duct, including examples. 23 (B) A clear explanation of consent. 24 (C) Victims’ rights. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00204 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 205 HR 5515 PCS (D) Clearly described complaint process, 1 including multiple ways to file a complaint. 2 (E) Explanations of restricted and unre- 3 stricted reporting. 4 (F) List of mandatory reporters. 5 (G) Protections from retaliation. 6 (H) Assurance that leadership will take 7 immediate and proportionate corrective action. 8 (I) References to specific policies. 9 (J) Additional resources for survivors. 10 (2) EMERGENCY SERVICES.— 11 (A) Contact information. 12 (B) Location. 13 (3) SUPPORT AND COUNSELING.—Contact in- 14 formation for the following support and counseling 15 resources: 16 (A) The Sexual Assault Prevention and 17 Response Victim Advocate or other equivalent 18 advocate or counselor available to students in 19 cases of sexual assault. 20 (B) The Sexual Harassment/Assault Re- 21 sponse and Prevention Resource Program Cen- 22 ter. 23 (C) Peer counseling. 24 (D) Medical care. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00205 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 206 HR 5515 PCS (E) Legal counsel. 1 (F) Hotlines. 2 (G) Chaplain or other spiritual representa- 3 tives. 4 (4) ESCALATION.— 5 (A) A victim may report an incident to any 6 authority. 7 (B) A victim may consult any authority 8 named in this paragraph. 9 (C) The Superintendent determines the 10 outcome of an investigation and has the author- 11 ity to convene a court-martial after an initial 12 hearing. 13 (D) The Secretary of the military depart- 14 ment concerned reviews determinations in cases 15 not referred for trial by court-martial. 16 (E) The Inspector General reviews cases of 17 reprisal or professional retaliation. 18 (F) A Member of Congress (as that term 19 is defined in section 1563 of title 10, United 20 States Code). 21 (c) DISTRIBUTION.—Each Superintendent shall pro- 22 vide a copy of the current guide developed by that Super- 23 intendent under this section— 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00206 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 207 HR 5515 PCS (1) not later than 30 days after completing de- 1 velopment under subsection (a) to each student who 2 is enrolled at the military service academy of that 3 Superintendent on the date of the enactment of this 4 Act; 5 (2) at the beginning of each academic year 6 after the date of the enactment of this Act to each 7 student who enrolls at the military service academy 8 of that Superintendent; and 9 (3) as soon as practicable to a student at the 10 military service academy of that Superintendent re- 11 ports that such student is a victim of sexual assault. 12 SEC. 546. REPORT ON VICTIMS IN MCIO REPORTS. 13 Not later than September 30, 2019, and not less than 14 once every two years thereafter, the Secretary of Defense, 15 through the Defense Advisory Committee on Investiga- 16 tions, Prosecutions, and Defense of Sexual Assault in the 17 Armed Forces, shall submit to Congress a report regard- 18 ing the frequency at which individuals, who are identified 19 as victims of sexual offenses in case files of military crimi- 20 nal investigative organizations (hereinafter, ‘‘MCIO’’), are 21 accused of or punished for misconduct or crimes consid- 22 ered collateral to the investigation of sexual assault during 23 the MCIO investigations in which the individuals were so 24 identified. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00207 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 208 HR 5515 PCS SEC. 547. DEFINITION OF MILITARY SEXUAL TRAUMA. 1 (a) IN GENERAL.—The Secretaries of Defense and 2 Veterans Affairs shall establish a joint definition of ‘‘mili- 3 tary sexual trauma’’ for their respective Departments to 4 use in all aspects of delivering care and benefits to mem- 5 bers of the Armed Forces and veterans who have suffered 6 that crime. 7 (b) REPORT.—The Secretaries shall submit to Con- 8 gress a report on their efforts under subsection (a), includ- 9 ing legislative recommendations, not later than 180 days 10 after the date of the enactment of this Act. 11 Subtitle F—Member Education, 12 Training, Resilience, and Tran- 13 sition 14 SEC. 551. PERMANENT CAREER INTERMISSION PROGRAM. 15 (a) CODIFICATION AND PERMANENT AUTHORITY.— 16 Chapter 40 of title 10, United States Code, is amended 17 by adding at the end the following new section 710: 18 ‘‘§ 710. Career flexibility to enhance retention of 19 members 20 ‘‘(a) PROGRAMS AUTHORIZED.—Each Secretary of a 21 military department may carry out programs under which 22 members of the regular components and members on Ac- 23 tive Guard and Reserve duty of the armed forces under 24 the jurisdiction of such Secretary may be inactivated from 25 active service in order to meet personal or professional 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00208 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 209 HR 5515 PCS needs and returned to active service at the end of such 1 period of inactivation from active service. 2 ‘‘(b) PERIOD OF INACTIVATION FROM ACTIVE SERV- 3 ICE; EFFECT OF INACTIVATION.—(1) The period of inac- 4 tivation from active service under a program under this 5 section of a member participating in the program shall be 6 such period as the Secretary of the military department 7 concerned shall specify in the agreement of the member 8 under subsection (c), except that such period may not ex- 9 ceed three years. 10 ‘‘(2) Any service by a Reserve officer while partici- 11 pating in a program under this section shall be excluded 12 from computation of the total years of service of that offi- 13 cer pursuant to section 14706(a) of this title. 14 ‘‘(3) Any period of participation of a member in a 15 program under this section shall not count toward— 16 ‘‘(A) eligibility for retirement or transfer to the 17 Ready Reserve under either chapter 571 or 1223 of 18 this title; or 19 ‘‘(B) computation of retired or retainer pay 20 under chapter 71 or 1223 of this title. 21 ‘‘(c) AGREEMENT.—Each member of the armed 22 forces who participates in a program under this section 23 shall enter into a written agreement with the Secretary 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00209 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 210 HR 5515 PCS of the military department concerned under which agree- 1 ment that member shall agree as follows: 2 ‘‘(1) To accept an appointment or enlist, as ap- 3 plicable, and serve in the Ready Reserve of the 4 armed force concerned during the period of the inac- 5 tivation of the member from active service under the 6 program. 7 ‘‘(2) To undergo during the period of the inac- 8 tivation of the member from active service under the 9 program such inactive service training as the Sec- 10 retary concerned shall require in order to ensure 11 that the member retains proficiency, at a level deter- 12 mined by the Secretary concerned to be sufficient, in 13 the military skills, professional qualifications, and 14 physical readiness of the member during the inac- 15 tivation of the member from active service. 16 ‘‘(3) Following completion of the period of the 17 inactivation of the member from active service under 18 the program, to serve two months as a member of 19 the armed forces on active service for each month of 20 the period of the inactivation of the member from 21 active service under the program. 22 ‘‘(d) CONDITIONS OF RELEASE.—The Secretary of 23 Defense shall prescribe regulations specifying the guide- 24 lines regarding the conditions of release that must be con- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00210 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 211 HR 5515 PCS sidered and addressed in the agreement required by sub- 1 section (c). At a minimum, the Secretary shall prescribe 2 the procedures and standards to be used to instruct a 3 member on the obligations to be assumed by the member 4 under paragraph (2) of such subsection while the member 5 is released from active service. 6 ‘‘(e) ORDER TO ACTIVE SERVICE.—Under regula- 7 tions prescribed by the Secretary of the military depart- 8 ment concerned, a member of the armed forces partici- 9 pating in a program under this section may, in the discre- 10 tion of such Secretary, be required to terminate participa- 11 tion in the program and be ordered to active service. 12 ‘‘(f) PAY AND ALLOWANCES.—(1) During each 13 month of participation in a program under this section, 14 a member who participates in the program shall be paid 15 basic pay in an amount equal to two-thirtieths of the 16 amount of monthly basic pay to which the member would 17 otherwise be entitled under section 204 of title 37 as a 18 member of the uniformed services on active service in the 19 grade and years of service of the member when the mem- 20 ber commences participation in the program. 21 ‘‘(2)(A) A member who participates in a program 22 shall not, while participating in the program, be paid any 23 special or incentive pay or bonus to which the member is 24 otherwise entitled under an agreement under chapter 5 of 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00211 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 212 HR 5515 PCS title 37 that is in force when the member commences par- 1 ticipation in the program. 2 ‘‘(B) The inactivation from active service of a mem- 3 ber participating in a program shall not be treated as a 4 failure of the member to perform any period of service 5 required of the member in connection with an agreement 6 for a special or incentive pay or bonus under chapter 5 7 of title 37 that is in force when the member commences 8 participation in the program. 9 ‘‘(3)(A) Subject to subparagraph (B), upon the re- 10 turn of a member to active service after completion by the 11 member of participation in a program— 12 ‘‘(i) any agreement entered into by the member 13 under chapter 5 of title 37 for the payment of a spe- 14 cial or incentive pay or bonus that was in force when 15 the member commenced participation in the program 16 shall be revived, with the term of such agreement 17 after revival being the period of the agreement re- 18 maining to run when the member commenced par- 19 ticipation in the program; and 20 ‘‘(ii) any special or incentive pay or bonus shall 21 be payable to the member in accordance with the 22 terms of the agreement concerned for the term spec- 23 ified in clause (i). 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00212 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 213 HR 5515 PCS ‘‘(B)(i) Subparagraph (A) shall not apply to any spe- 1 cial or incentive pay or bonus otherwise covered by that 2 subparagraph with respect to a member if, at the time 3 of the return of the member to active service as described 4 in that subparagraph— 5 ‘‘(I) such pay or bonus is no longer authorized 6 by law; or 7 ‘‘(II) the member does not satisfy eligibility cri- 8 teria for such pay or bonus as in effect at the time 9 of the return of the member to active service. 10 ‘‘(ii) Subparagraph (A) shall cease to apply to any 11 special or incentive pay or bonus otherwise covered by that 12 subparagraph with respect to a member if, during the 13 term of the revived agreement of the member under sub- 14 paragraph (A)(i), such pay or bonus ceases being author- 15 ized by law. 16 ‘‘(C) A member who is ineligible for payment of a 17 special or incentive pay or bonus otherwise covered by this 18 paragraph by reason of subparagraph (B)(i)(II) shall be 19 subject to the requirements for repayment of such pay or 20 bonus in accordance with the terms of the applicable 21 agreement of the member under chapter 5 of title 37. 22 ‘‘(D) Any service required of a member under an 23 agreement covered by this paragraph after the member re- 24 turns to active service as described in subparagraph (A) 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00213 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 214 HR 5515 PCS shall be in addition to any service required of the member 1 under an agreement under subsection (c). 2 ‘‘(4)(A) Subject to subparagraph (B), a member who 3 participates in a program is entitled, while participating 4 in the program, to the travel and transportation allow- 5 ances authorized by section 474 of title 37 for— 6 ‘‘(i) travel performed from the residence of the 7 member, at the time of release from active service to 8 participate in the program, to the location in the 9 United States designated by the member as his resi- 10 dence during the period of participation in the pro- 11 gram; and 12 ‘‘(ii) travel performed to the residence of the 13 member upon return to active service at the end of 14 the participation of the member in the program. 15 ‘‘(B) An allowance is payable under this paragraph 16 only with respect to travel of a member to and from a 17 single residence. 18 ‘‘(5) A member who participates in a program is enti- 19 tled to carry forward the leave balance existing as of the 20 day on which the member begins participation and accu- 21 mulated in accordance with section 701 of this title, but 22 not to exceed 60 days. 23 ‘‘(g) PROMOTION.—(1)(A) An officer participating in 24 a program under this section shall not, while participating 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00214 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 215 HR 5515 PCS in the program, be eligible for consideration for promotion 1 under chapter 36 or 1405 of this title. 2 ‘‘(B) Upon the return of an officer to active service 3 after completion by the officer of participation in a pro- 4 gram— 5 ‘‘(i) the Secretary of the military department 6 concerned shall adjust the date of rank of the officer 7 in such manner as the Secretary of Defense shall 8 prescribe in regulations for purposes of this section; 9 and 10 ‘‘(ii) the officer shall be eligible for consider- 11 ation for promotion when officers of the same com- 12 petitive category, grade, and seniority are eligible for 13 consideration for promotion. 14 ‘‘(2) An enlisted member participating in a program 15 shall not be eligible for consideration for promotion during 16 the period that— 17 ‘‘(A) begins on the date of the inactivation of 18 the member from active service under the program; 19 and 20 ‘‘(B) ends at such time after the return of the 21 member to active service under the program that the 22 member is treatable as eligible for promotion by rea- 23 son of time in grade and such other requirements as 24 the Secretary of the military department concerned 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00215 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 216 HR 5515 PCS shall prescribe in regulations for purposes of the 1 program. 2 ‘‘(h) CONTINUED ENTITLEMENTS.—A member par- 3 ticipating in a program under this section shall, while par- 4 ticipating in the program, be treated as a member of the 5 armed forces on active duty for a period of more than 30 6 days for purposes of— 7 ‘‘(1) the entitlement of the member and of the 8 dependents of the member to medical and dental 9 care under the provisions of chapter 55 of this title; 10 and 11 ‘‘(2) retirement or separation for physical dis- 12 ability under the provisions of chapters 55 and 61 13 of this title.’’. 14 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 15 (1) TABLE OF SECTIONS.—The table of sections 16 at the beginning of such chapter is amended by in- 17 serting after the item relating to section 709a the 18 following new item: 19 ‘‘710. Career flexibility to enhance retention of members.’’. (2) CONFORMING REPEAL.—Section 533 of the 20 Duncan Hunter National Defense Authorization Act 21 for Fiscal Year 2009 (10 U.S.C. prec. 701 note) is 22 repealed. 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00216 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 217 HR 5515 PCS SEC. 552. IMPROVEMENTS TO TRANSITION ASSISTANCE 1 PROGRAM. 2 (a) PATHWAYS FOR TAP.— 3 (1) IN GENERAL.—Section 1142 of title 10, 4 United States Code, is amended— 5 (A) in the section heading by striking 6 ‘‘medical’’ and inserting ‘‘certain’’; 7 (B) in subsection (a)— 8 (i) in paragraph (1), by inserting 9 ‘‘(regardless of character of discharge)’’ 10 after ‘‘discharge’’; 11 (ii) in paragraph (3)(A)— 12 (I) by striking ‘‘as soon as pos- 13 sible during the 12-month period pre- 14 ceding’’ and inserting ‘‘not later than 15 365 days before’’; 16 (II) by striking ‘‘90 days’’ and 17 inserting ‘‘365 days’’; and 18 (III) by striking ‘‘discharge or 19 release’’ and inserting ‘‘retirement or 20 other separation’’; and 21 (iii) in paragraph (3)(B)— 22 (I) by striking ‘‘90’’ and insert- 23 ing ‘‘365’’; and 24 (II) by striking ‘‘90-day’’ and in- 25 serting ‘‘365-day’’; 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00217 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 218 HR 5515 PCS (C) by redesignating subsection (c) as sub- 1 section (d); 2 (D) by inserting after subsection (b) the 3 following new subsection (c): 4 ‘‘(c) COUNSELING PATHWAYS.—(1) Each Secretary 5 concerned, in consultation with the Secretaries of Labor 6 and Veterans Affairs, shall establish at least three path- 7 ways for members of the military department concerned 8 receiving individualized counseling under this section. The 9 Secretaries shall design the pathways to address the needs 10 of members, based on the following factors: 11 ‘‘(A) Rank. 12 ‘‘(B) Term of service. 13 ‘‘(C) Gender. 14 ‘‘(D) Whether the member was a member 15 of a regular or reserve component of an armed 16 force. 17 ‘‘(E) Disability. 18 ‘‘(F) Character of discharge (including ex- 19 pedited discharge and discharge under condi- 20 tions other than honorable). 21 ‘‘(G) Health (including mental health). 22 ‘‘(H) Military occupational specialty. 23 ‘‘(I) Whether the member intends, after 24 separation, retirement, or discharge, to— 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00218 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 219 HR 5515 PCS ‘‘(i) seek employment; 1 ‘‘(ii) enroll in a program of higher 2 education; 3 ‘‘(iii) enroll in a program of vocational 4 training; or 5 ‘‘(iv) become an entrepreneur. 6 ‘‘(J) The educational history of the mem- 7 ber. 8 ‘‘(K) The employment history of the mem- 9 ber. 10 ‘‘(L) Whether the member has secured— 11 ‘‘(i) employment; 12 ‘‘(ii) enrollment in a program of edu- 13 cation; or 14 ‘‘(iii) enrollment in a program of voca- 15 tional training. 16 ‘‘(M) Other factors the Secretary of De- 17 fense and the Secretary of Homeland Security, 18 in consultation with the Secretaries of Labor 19 and Veterans Affairs, determine appropriate. 20 ‘‘(2) Each member described in subsection (a) shall 21 meet in person or by video conference with a counselor 22 before beginning counseling under this section to— 23 ‘‘(A) take a self-assessment designed by the 24 Secretary concerned (in consultation with the Secre- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00219 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 220 HR 5515 PCS taries of Labor and Veterans Affairs) to ensure that 1 the Secretary concerned places the member in the 2 appropriate pathway under this subsection; 3 ‘‘(B) receive information from the counselor re- 4 garding reenlistment in the armed forces; and 5 ‘‘(C) receive information from the counselor re- 6 garding resources (including resources regarding 7 military sexual trauma)— 8 ‘‘(i) for members of the armed forces sepa- 9 rated, retired, or discharged; 10 ‘‘(ii) located in the community in which the 11 member will reside after separation, retirement, 12 or discharge. 13 ‘‘(3) At the meeting under paragraph (2), the mem- 14 ber may elect to have the Secretary concerned (in con- 15 sultation with the Secretaries of Labor and Veterans Af- 16 fairs) provide the contact information of the member to 17 the resources described in paragraph (2)(B).’’; and 18 (E) by adding at the end the following new 19 subsection: 20 ‘‘(e) JOINT SERVICE TRANSCRIPT.—(1) The Sec- 21 retary concerned shall provide a copy of the joint service 22 transcript of a member described in subsection (a) to— 23 ‘‘(A) that member— 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00220 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 221 HR 5515 PCS ‘‘(i) at the meeting with a counselor under 1 subsection (c)(2); and 2 ‘‘(ii) on the day the member separates, re- 3 tires, or is discharged. 4 ‘‘(B) the Secretary of Veterans Affairs on the 5 day the member separates, retires, or is discharged. 6 ‘‘(2) The Secretary of Veterans Affairs shall ensure 7 that a member who has separated, retired, or is discharged 8 may access the joint service transcript of that member 9 from a website of the Department of Veterans Affairs not 10 later than one year after the day the member separates, 11 retires, or is discharged.’’. 12 (2) DEADLINE.—Each Secretary concerned 13 shall carry out subsection (c) of such section, as 14 amended by paragraph (1), not later than 1 year 15 after the date of the enactment of this Act. 16 (3) GAO STUDY.—Not later than 1 year after 17 the Secretaries concerned carry out subsection (c) of 18 such section, as amended by paragraph (1), the 19 Comptroller General of the United States shall sub- 20 mit to Congress a review of the pathways for the 21 Transition Assistance Program established under 22 such subsection (c). 23 (b) CONTENTS OF TAP.— 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00221 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 222 HR 5515 PCS (1) IN GENERAL.—Section 1144 of title 10, 1 United States Code, is amended— 2 (A) in subsection (a), by striking ‘‘Such 3 services’’ and inserting ‘‘Subject to subsection 4 (f)(2), such services’’; and 5 (B) by amending subsection (f) to read as 6 follows: 7 ‘‘(f) PROGRAM CONTENTS.—(1) The program carried 8 out under this section shall consist of instruction as fol- 9 lows: 10 ‘‘(A) One day of preseparation training 11 specific to the armed force concerned, as deter- 12 mined by the Secretary concerned. 13 ‘‘(B) One day of instruction regarding— 14 ‘‘(i) benefits under laws administered 15 by the Secretary of Veterans Affairs; and 16 ‘‘(ii) other subjects determined by the 17 Secretary concerned. 18 ‘‘(C) One day of instruction regarding 19 preparation for employment. 20 ‘‘(D) Two days of instruction regarding a 21 topic selected by the member from the following 22 subjects: 23 ‘‘(i) Preparation for employment. 24 ‘‘(ii) Preparation for education. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00222 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 223 HR 5515 PCS ‘‘(iii) Preparation for vocational train- 1 ing. 2 ‘‘(iv) Preparation for entrepreneur- 3 ship. 4 ‘‘(v) Other options determined by the 5 Secretary concerned. 6 ‘‘(2) The Secretary concerned may permit a member 7 to attend training and instruction under the program es- 8 tablished under this section— 9 ‘‘(A) before the time periods established under 10 section 1142(a)(3) of this title; 11 ‘‘(B) in addition to such training and instruc- 12 tion required during such time periods.’’. 13 (2) DEADLINE.—The Transition Assistance 14 Program shall comply with the requirements of sec- 15 tion 1144(f) of title 10, United States Code, as 16 amended by paragraph (1), not later than 1 year 17 after the date of the enactment of this Act. 18 (3) ACTION PLAN.—Not later than 120 days 19 after the date of the enactment of this Act, the Sec- 20 retary of Defense shall submit an action plan to the 21 congressional defense committees that— 22 (A) details how the Secretary shall imple- 23 ment the requirements of section 1144(f) of 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00223 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 224 HR 5515 PCS title 10, United States Code, as amended by 1 paragraph (1); and 2 (B) details how the Secretary, in consulta- 3 tion with the Secretaries of Veterans Affairs 4 and Labor, shall establish standardized per- 5 formance metrics to measure Transition Assist- 6 ance Program participation and outcome-based 7 objective benchmarks in order to— 8 (i) provide feedback to the Depart- 9 ments of Defense, Veterans Affairs, and 10 Labor; 11 (ii) improve the curriculum of the 12 Transition Assistance Program; 13 (iii) share best practices; 14 (iv) facilitate effective oversight of the 15 Transition Assistance Program; and 16 (v) ensure members obtain sufficient 17 financial literacy to effectively leverage 18 conferred benefits and opportunities for 19 employment, education, vocational training, 20 and entrepreneurship. 21 (4) REPORT.—On the date that is 2 years after 22 the date of the enactment of this Act and annually 23 thereafter for the subsequent 4 years, the Secretary 24 of Defense shall submit to the Committees on Armed 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00224 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 225 HR 5515 PCS Services and Veterans’ Affairs of the Senate and the 1 House of Representatives, the Committee on Com- 2 merce, Science, and Transportation of the Senate, 3 and the Committee on Transportation and Infra- 4 structure of the House of Representatives, a report 5 regarding members of the Armed Forces who have 6 attended Transition Assistance Program counseling 7 during the preceding year. The report shall detail 8 the following: 9 (A) The total number of members who at- 10 tended Transition Assistance Program coun- 11 seling. 12 (B) The number of members who attended 13 Transition Assistance Program counseling 14 under paragraph (1) of section 1144(f) of title 15 10, as amended by paragraph (1). 16 (C) The number of members who attended 17 Transition Assistance Program counseling 18 under paragraph (2) of such section. 19 (D) The number of members who elected 20 to attend each two-day instruction under para- 21 graph (1)(D) of such section. 22 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00225 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 226 HR 5515 PCS SEC. 553. EMPLOYMENT AND COMPENSATION OF CIVILIAN 1 FACULTY MEMBERS AT THE JOINT SPECIAL 2 OPERATIONS UNIVERSITY. 3 Section 1595(c) of title 10, United States Code, is 4 amended by adding at the end the following new para- 5 graph: 6 ‘‘(5) The Joint Special Operations University.’’. 7 SEC. 554. PROGRAM TO ASSIST MEMBERS OF THE ARMED 8 FORCES IN OBTAINING PROFESSIONAL CRE- 9 DENTIALS. 10 Section 2015(a) of title 10, United States Code, is 11 amended by striking ‘‘related to military training’’ and all 12 that follows through the period at the end of paragraph 13 (2) and inserting ‘‘that translate into civilian occupa- 14 tions.’’. 15 SEC. 555. EXTENSION OF PILOT PROGRAM TO ASSIST MEM- 16 BERS IN OBTAINING POST-SERVICE EMPLOY- 17 MENT. 18 Section 555(i) of the Carl Levin and Howard P. 19 ‘‘Buck’’ McKeon National Defense Authorization Act for 20 Fiscal Year 2015 (Public Law 113-291; 10 U.S.C. 1143 21 note) is amended by striking ‘‘2018’’ and inserting 22 ‘‘2023’’. 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00226 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 227 HR 5515 PCS SEC. 556. DIRECT EMPLOYMENT PILOT PROGRAM FOR 1 MEMBERS OF THE RESERVE COMPONENTS 2 AND VETERANS. 3 (a) AUTHORITY.—The Secretary of Defense may 4 enter into agreements with the chief executives of the 5 States to carry out pilot programs to enhance the efforts 6 of the Department of Defense to provide job placement 7 assistance and related employment services directly to un- 8 employed or underemployed members of the reserve com- 9 ponents of the Armed Forces and veterans. 10 (b) COST-SHARING.—Any agreement under sub- 11 section (a) shall require that the State must contribute 12 an amount, derived from non-Federal sources, that equals 13 or exceeds 50 percent of the funds provided by the Sec- 14 retary to the State under this section to support the oper- 15 ation of the pilot program in that State. 16 (c) ADMINISTRATION.—The pilot program in a State 17 shall be administered by the adjutant general in that State 18 appointed under section 314 of title 32, United States 19 Code. If the adjutant general is unavailable or unable to 20 administer a pilot program, the Secretary, after consulting 21 with the chief executive of the State, shall designate an 22 official of that State to administer that pilot program. 23 (d) PROGRAM MODEL.—A pilot program under this 24 section— 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00227 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 228 HR 5515 PCS (1) shall use a job placement program model 1 that focuses on working one-on-one with individuals 2 described in subsection (a) to provide cost-effective 3 job placement services, including— 4 (A) job matching services; 5 (B) resume editing; 6 (C) interview preparation; and 7 (D) post-employment follow up; and 8 (2) shall incorporate best practices of State-op- 9 erated direct employment programs for members of 10 the reserve components of the Armed Forces and 11 veterans, such as the programs conducted in Cali- 12 fornia and South Carolina. 13 (e) SKILLBRIDGE TRAINING OPPORTUNITIES.—A 14 pilot program under this section shall utilize civilian train- 15 ing opportunities through the SkillBridge transition train- 16 ing program administered by the Department of Defense. 17 (f) EVALUATION.—The Secretary shall develop out- 18 come measurements to evaluate the success of any pilot 19 program established under this provision. 20 (g) REPORTING.— 21 (1) REPORT REQUIRED.—Not later than March 22 1, 2021, the Secretary, in coordination with the Sec- 23 retary of Veterans Affairs and Chief of the National 24 Guard Bureau, shall submit to the congressional de- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00228 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 229 HR 5515 PCS fense committees a report describing the results of 1 any pilot program established under this section. 2 (2) ELEMENTS.—A report under paragraph (1) 3 shall include the following elements: 4 (A) A description and assessment of the ef- 5 fectiveness and achievements of the pilot pro- 6 gram, including— 7 (i) the number of members of the re- 8 serve components of the Armed Forces and 9 veterans hired; and 10 (ii) the cost-per-placement of partici- 11 pating members and veterans. 12 (B) An assessment of the impact of the 13 pilot program and increased reserve component 14 employment levels on— 15 (i) the readiness of members of the re- 16 serve components of the Armed Forces; 17 and 18 (ii) retention of service members. 19 (C) A comparison of the pilot program to 20 other programs conducted by the Department 21 of Defense or Department of Veterans Affairs 22 to provide unemployment and underemployment 23 support to members of the reserve components 24 of the Armed Forces or veterans, including best 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00229 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 230 HR 5515 PCS practices the improved the effectiveness of such 1 programs. 2 (D) The number and percentage of individ- 3 uals served by the pilot program who are em- 4 ployed in a field that matches their skills and 5 training. 6 (E) Any other matter the Secretary deter- 7 mines to be appropriate. 8 (h) DURATION OF AUTHORITY.— 9 (1) IN GENERAL.—Subject to paragraph (2), 10 the authority to carry out a pilot program under this 11 section expires on September 30, 2023. 12 (2) EXTENSION.—The Secretary may extend a 13 pilot program under this section beyond the date in 14 paragraph (1) by not more than 2 years. 15 SEC. 557. EXTENDED DURATION OF AVAILABILITY OF MILI- 16 TARY ONESOURCE PROGRAM SERVICES FOR 17 MEMBERS OF THE ARMED FORCES UPON 18 THEIR SEPARATION OR RETIREMENT. 19 The Secretary of Defense shall ensure that retired 20 and honorably discharged members of the Armed Forces, 21 including members medically discharged, separated, or on 22 the temporary disability retirement list, and their imme- 23 diate family remain eligible for services under the Military 24 OneSource Program for at least one year after the end 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00230 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 231 HR 5515 PCS of the member’s tour of service, the member’s retirement 1 date, or the member’s separation date, as the case may 2 be. 3 SEC. 558. COMPTROLLER GENERAL BRIEFING AND REPORT 4 ON PERMANENT EMPLOYMENT ASSISTANCE 5 CENTERS. 6 (a) REQUIREMENT.—Not later than 240 days after 7 the date of the enactment of this Act, the Comptroller 8 General of the United States shall provide a briefing to 9 the Armed Services Committees of the Senate and House 10 of Representatives, with a report to follow on a date 11 agreed to at the time of the briefing. The briefing and 12 report shall provide information on employment assistance 13 required under section 1143 of title 10, United States 14 Code, and related information regarding civilian employ- 15 ment requiring certification or licensure. 16 (b) CONTENTS.—The information required under 17 subsection (a) shall include the following: 18 (1) A description of the content of the database 19 required by section 1143(a)(2)(A) of such title. 20 (2) A list and description of permanent employ- 21 ment assistance centers required by section 1143(b) 22 of such title. 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00231 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 232 HR 5515 PCS (3) A list and description of employment skills 1 training programs and eligible members of the 2 Armed Forces. 3 (4) A list and description of State and non- 4 State entities that have interacted with civilian em- 5 ployers. 6 (5) A description of the use by members of the 7 Armed Forces of the permanent employment assist- 8 ance centers. 9 (6) An assessment of the permanent employ- 10 ment assistance centers and challenges, if any, the 11 centers have experienced as of the date of the brief- 12 ing or report. 13 SEC. 559. ACTIVITIES TO INCREASE AWARENESS OF AP- 14 PRENTICESHIP PROGRAMS. 15 The Secretary of Defense shall ensure that, as part 16 of the transition counseling provided by the Department 17 of Defense to members of the Armed Forces who are in 18 the process of separating from the Armed Forces (includ- 19 ing the reserve components), information is provided to 20 such members on— 21 (1) the potential benefits of apprenticeship pro- 22 grams; 23 (2) the appropriate use of veterans’ education 24 benefits to pay for apprenticeship programs, and 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00232 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 233 HR 5515 PCS (3) the availability of veteran-focused, nonprofit 1 apprenticeship programs. 2 SEC. 560. ATOMIC VETERANS SERVICE MEDAL. 3 (a) SERVICE MEDAL REQUIRED.—The Secretary of 4 Defense shall design and produce a military service medal, 5 to be known as the ‘‘Atomic Veterans Service Medal’’, to 6 honor retired and former members of the Armed Forces 7 who are radiation-exposed veterans (as such term is de- 8 fined in section 1112(c)(3) of title 38, United States 9 Code). 10 (b) DISTRIBUTION OF MEDAL.— 11 (1) ISSUANCE TO RETIRED AND FORMER MEM- 12 BERS.—At the request of a radiation-exposed vet- 13 eran, the Secretary of Defense shall issue the Atom- 14 ic Veterans Service Medal to the veteran. 15 (2) ISSUANCE TO NEXT-OF-KIN.—In the case of 16 a radiation-exposed veteran who is deceased, the 17 Secretary may provide for issuance of the Atomic 18 Veterans Service Medal to the next-of-kin of the per- 19 son. 20 (3) APPLICATION.—The Secretary shall prepare 21 and disseminate as appropriate an application by 22 which radiation-exposed veterans and their next-of- 23 kin may apply to receive the Atomic Veterans Serv- 24 ice Medal. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00233 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 234 HR 5515 PCS SEC. 560A. REPORT ON AVAILABILITY OF COLLEGE CREDIT 1 FOR SKILLS ACQUIRED DURING MILITARY 2 SERVICE. 3 Not later than 60 days after the date of the enact- 4 ment of this Act, the Secretary of Defense, in consultation 5 with the Secretaries of Veterans Affairs, Education, and 6 Labor, shall submit to Congress a report on the transfer 7 of skills into equivalent college credits or technical certifi- 8 cations for members of the Armed Forces leaving the mili- 9 tary. Such report shall describe each the following: 10 (1) Each skill that may be acquired during mili- 11 tary service that is eligible for transfer into an 12 equivalent college credit or technical certification. 13 (2) The academic level of the equivalent college 14 credit or technical certification for which each such 15 skill is eligible. 16 (3) Each academic institution that awards an 17 equivalent college credit or technical certification for 18 such skills, including— 19 (A) whether each such academic institution 20 is public or private and whether such institution 21 is for profit; and 22 (B) the number of veterans that applied to 23 such academic institutions who were able to re- 24 ceive equivalent college credits or technical cer- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00234 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 235 HR 5515 PCS tifications in the last fiscal year, and the aca- 1 demic level of the credits or certifications. 2 (4) The number of members of the Armed 3 Forces who left the military in the last fiscal year 4 and the number of those individuals who met with 5 an academic or technical training advisor as part of 6 their participation in the Transition Assistance Pro- 7 gram. 8 SEC. 560B. INFORMATION REGARDING COUNTY VETERANS 9 SERVICE OFFICERS. 10 (a) PROVISION OF INFORMATION.—The Secretary of 11 Defense, and with respect to members of the Coast Guard, 12 the Secretary of the Department in which the Coast Guard 13 is operating when it is not operating as a service in the 14 Navy, shall ensure that a member of the Armed Forces 15 who is separating or retiring from the Armed Forces may 16 elect to have the Department of Defense form DD–214 17 of the member transmitted to the appropriate county vet- 18 erans service officer based on the mailing address provided 19 by the member. 20 (b) DATABASE.—The Secretary of Defense, in coordi- 21 nation with the Secretary of Veterans Affairs, shall main- 22 tain a database of all county veterans service officers. 23 (c) COUNTY VETERANS SERVICE OFFICER DE- 24 FINED.—In this section, the term ‘‘county veterans service 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00235 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 236 HR 5515 PCS officer’’ means an employee of a county government, local 1 government, or Tribal government who is covered by sec- 2 tion 14.629(a)(2) of title 38, Code of Federal Regulations. 3 SEC. 560C. ENHANCEMENT OF AUTHORITIES IN CONNEC- 4 TION WITH JUNIOR RESERVE OFFICERS’ 5 TRAINING CORPS PROGRAMS. 6 (a) AUTHORITY TO CONVERT OTHERWISE CLOSING 7 UNITS TO NATIONAL DEFENSE CADET CORPS PROGRAM 8 UNITS.—If the Secretary of a military department is noti- 9 fied by a local educational agency of the intent of the 10 agency to close its Junior Reserve Officers’ Training 11 Corps (JROTC) unit, the Secretary shall offer the agency 12 the option of converting the program to a National De- 13 fense Cadet Corps (NDCC) program unit in lieu of closing 14 the unit. 15 (b) FLEXIBILITY IN ADMINISTRATION OF INSTRUC- 16 TORS.— 17 (1) IN GENERAL.—The Secretaries of the mili- 18 tary departments shall undertake initiatives designed 19 to promote flexibility in the hiring and compensation 20 of instructors for the Junior Reserve Officers’ Train- 21 ing Corps program under the jurisdiction of such 22 Secretaries. 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00236 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 237 HR 5515 PCS (2) ELEMENTS.—The initiatives undertaken 1 pursuant to this subsection may provide for one or 2 more of the following: 3 (A) Termination of the requirement for a 4 waiver as a condition of the hiring of well-quali- 5 fied non-commissioned officers with a bachelor’s 6 degree for senior instructor positions within the 7 Junior Reserve Officers’ Training Corps. 8 (B) Specification of a single instructor as 9 the minimum number of instructors required to 10 found and operate a Junior Reserve Officers’ 11 Training Corps unit. 12 (C) Authority for Junior Reserve Officers’ 13 Training Corps instructors to undertake school 14 duties, in addition to Junior Reserve Officers’ 15 Training Corps duties, at small schools. 16 (D) Authority for the payment of instruc- 17 tor compensation for a limited number of Jun- 18 ior Reserve Officers’ Training Corps instructors 19 on a 10-month per year basis rather than a 12- 20 month per year basis. 21 (E) Such other actions as the Secretaries 22 of the military departments consider appro- 23 priate. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00237 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 238 HR 5515 PCS (c) FLEXIBILITY IN ALLOCATION AND USE OF TRAV- 1 EL FUNDING.—The Secretaries of the military depart- 2 ments shall take appropriate actions to provide so-called 3 regional directors of the Junior Reserve Officers’ Training 4 Corps programs located at remote rural schools enhanced 5 discretion in the allocation and use of funds for travel in 6 connection with Junior Reserve Officers’ Training Corps 7 activities. 8 (d) STANDARDIZATION OF PROGRAM DATA.—The 9 Secretary of Defense shall take appropriate actions to 10 standardize the data collected and maintained on the Jun- 11 ior Reserve Officers’ Training Corps programs in order 12 to facilitate and enhance the collection and analysis of 13 such data. Such actions shall include a requirement for 14 the use of the National Center for Education Statistics 15 (NCES) identification code for each school with a unit 16 under a Junior Reserve Officers’ Training Corps program 17 in order to facilitate identification of such schools and 18 their units under the Junior Reserve Officers’ Training 19 Corps programs. 20 (e) AUTHORITY FOR ADDITIONAL UNITS.— 21 (1) IN GENERAL.—The Secretaries of the mili- 22 tary departments may, using amounts authorized to 23 be appropriated by paragraph (2), establish an ag- 24 gregate of not more than 100 units under the Junior 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00238 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 239 HR 5515 PCS Reserve Officers’ Training Corps programs in low- 1 income and rural areas of the United States and 2 areas of the United States currently underserved by 3 the Junior Reserve Officers’ Training Corps pro- 4 grams. 5 (2) FUNDING.—There is hereby authorized to 6 be appropriated for fiscal year 2019 for the Depart- 7 ment of Defense amounts as follows: 8 (A) For Operation and Maintenance, 9 Army, $3,140,000, with the amount available 10 for the Junior Reserve Officers’ Training Corps 11 program of the Army. 12 (B) For Operation and Maintenance, 13 Navy, $950,000, with the amount available for 14 the Junior Reserve Officers’ Training Corps 15 program of the Navy. 16 (C) For Operation and Maintenance, Air 17 Force, $1,000,000, with the amount available 18 for the Junior Reserve Officers’ Training Corps 19 program of the Air Force. 20 (D) For Operation and Maintenance, Ma- 21 rine Corps, $390,000, with the amount avail- 22 able for the Junior Reserve Officers’ Training 23 Corps program of the Marine Corps. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00239 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 240 HR 5515 PCS (E) For Military Personnel, $1,220,000, of 1 which— 2 (i) $500,000 is for the Army for the 3 Junior Reserve Officers’ Training Corps 4 program of the Army; 5 (ii) $270,000 is for the Navy for the 6 Junior Reserve Officers’ Training Corps 7 program of the Navy; 8 (iii) $380,000 is for the Air Force for 9 the Junior Reserve Officers’ Training 10 Corps program of the Air Force; and 11 (iv) $70,000 is for the Marine Corps 12 for the Junior Reserve Officers’ Training 13 Corps program of the Marine Corps. 14 (3) SUPPLEMENT NOT SUPPLANT.—The 15 amounts authorized to be appropriated for fiscal 16 year 2019 for the Department of Defense by this 17 subsection are in addition to any other amounts au- 18 thorized to be appropriated for fiscal year 2019 for 19 the Department under any other provision of law. 20 (4) OFFSET.—Notwithstanding the amounts set 21 forth in the funding tables in division G— 22 (A) the amount authorized to be appro- 23 priated in section 101 for procurement, as set 24 forth in the corresponding funding table in sec- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00240 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 241 HR 5515 PCS tion 7101, for other procurement, Navy, air- 1 craft support equipment (line 090), is hereby 2 decreased by $3,200,000; and 3 (B) the amount authorized to be appro- 4 priated in section 101 for procurement, as set 5 forth in the corresponding funding table in sec- 6 tion 7101, for other procurement, Navy, civil 7 engineering support equipment, items under $5 8 million (line 115), is hereby decreased by 9 $3,500,000. 10 SEC. 560D. TRANSITION OUTREACH PILOT PROGRAM. 11 (a) ESTABLISHMENT.—Not later than 90 days after 12 the enactment of this Act, the Secretary of Defense, in 13 coordination with the Secretaries of Veterans Affairs, 14 Labor, Education, and Homeland Security, and the Ad- 15 ministrator of the Small Business Administration, shall 16 establish a pilot program through the Transition to Vet- 17 erans Program Office that fosters contact between vet- 18 erans and the Department of Defense. 19 (b) CONTACT.—The Secretary of Defense, and with 20 respect to members of the Coast Guard, the Secretary of 21 the Department in which the Coast Guard is operating 22 when it is not operating as a service in the Navy, shall 23 direct the Military Transition Assistance Teams of the De- 24 partment of Defense to contact each veteran from the 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00241 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 242 HR 5515 PCS Armed Forces at least twice during each of the first three 1 months after the veteran separates from the Armed 2 Forces to— 3 (1) inquire about the transition of the separated 4 member to civilian life, including— 5 (A) employment; 6 (B) veterans benefits; 7 (C) education; 8 (D) family life; and 9 (2) hear concerns of the veteran regarding tran- 10 sition. 11 (c) TERMINATION.—The Secretary shall complete op- 12 eration of the pilot program under this section not later 13 than September 30, 2019. 14 (d) REPORT.—Not later than 90 days after termi- 15 nation of the pilot program under this section, the Sec- 16 retary of Defense shall submit a report to Congress re- 17 garding such pilot program, including the following, 18 disaggregated by armed force: 19 (1) The number of veterans contacted, includ- 20 ing how many times such veterans were contacted. 21 (2) Information regarding the age, sex, and ge- 22 ographic region of contacted veterans. 23 (3) Concerns most frequently raised by the vet- 24 erans. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00242 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 243 HR 5515 PCS (4) What benefits the contacted veterans have 1 received, and an estimate of the cost to the Federal 2 Government for such benefits. 3 (5) How many contacted veterans are employed 4 or have sought employment, including what fields of 5 employment. 6 (6) How many contacted veterans are enrolled 7 or have sought to enroll in a course of education, in- 8 cluding what fields of study. 9 (7) Recommendations for legislation to improve 10 the long-term effectiveness of TAP and the well- 11 being of veterans. 12 (e) DEFINITIONS.—In this section: 13 (1) The term ‘‘armed force’’ has the meaning 14 given that term in section 101 of title 10, United 15 States Code. 16 (2) The term ‘‘TAP’’ means the Transition As- 17 sistance Program under sections 1142 and 1144 of 18 title 10, United States Code. 19 (3) The term ‘‘veteran’’ has the meaning given 20 that term in section 101 of title 38, United States 21 Code. 22 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00243 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 244 HR 5515 PCS Subtitle G—Defense Dependents’ 1 Education and Military Family 2 Readiness Matters 3 SEC. 561. ENHANCEMENT AND CLARIFICATION OF FAMILY 4 SUPPORT SERVICES FOR FAMILY MEMBERS 5 OF MEMBERS OF SPECIAL OPERATIONS 6 FORCES. 7 Section 1788a of title 10, United States Code, is 8 amended— 9 (1) by striking ‘‘activities’’ each place it appears 10 and inserting ‘‘services’’; 11 (2) in subsection (b)(2), by striking ‘‘activity’’ 12 and inserting ‘‘service’’; 13 (3) in subsection (c), by striking ‘‘$5,000,000’’ 14 and inserting ‘‘$10,000,000’’; 15 (4) in subsection (d)(1), by striking ‘‘there- 16 after’’ and inserting ‘‘of the next two years’’; and 17 (5) in subsection (e), by adding at the end the 18 following new paragraph: 19 ‘‘(4) The term ‘family support services’ includes 20 costs of transportation, food, lodging, child care, 21 supplies, fees, and training materials for immediate 22 family members of members of the armed forces as- 23 signed to special operations forces while partici- 24 pating in programs under subsection (a).’’. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00244 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 245 HR 5515 PCS SEC. 562. ADDITIONAL MATTERS FOR ASSESSMENT AND RE- 1 PORT ON CHILDCARE SERVICES OF THE DE- 2 PARTMENT OF DEFENSE. 3 Section 575 of the National Defense Authorization 4 Act for Fiscal Year 2018 (Public Law 115–91) is amend- 5 ed— 6 (1) in subsection (a), by adding at the end the 7 following new paragraphs: 8 ‘‘(5) Expanding the childcare hours at military 9 installations that host initial training units in order 10 to accommodate drill instructors, trainers, and sup- 11 port staff. 12 ‘‘(6) Modifying the rate of use of subsidized, 13 off-installation childcare services by military fami- 14 lies, including whether such rate could be increased 15 by altering policies that cap the amount of subsidies 16 for military families for such services based on the 17 cost of living for families and the average cost of ci- 18 vilian childcare services. 19 ‘‘(7) Permitting the issuance of employee clear- 20 ances on a provisional or interim basis for those 21 working at military childcare centers.’’; and 22 (2) in subsection (b)— 23 (A) by striking ‘‘September 1, 2018’’ and 24 inserting ‘‘March 1, 2019’’; 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00245 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 246 HR 5515 PCS (B) by striking ‘‘the results of the assess- 1 ment conducted under subsection (a).’’ and in- 2 serting an em dash; and 3 (C) by adding at the end the following new 4 paragraphs: 5 ‘‘(1) the results of the assessment conducted 6 under subsection (a); and 7 ‘‘(2) assessments of— 8 ‘‘(A) the underlying factors contributing to 9 the childcare backlogs at many installations; 10 ‘‘(B) the effect of such backlogs on mem- 11 ber recruitment and retention; and 12 ‘‘(C) the effect of such backlogs on mili- 13 tary spouse unemployment and underemploy- 14 ment.’’. 15 SEC. 563. CONTINUED ASSISTANCE TO SCHOOLS WITH SIG- 16 NIFICANT NUMBERS OF MILITARY DEPEND- 17 ENT STUDENTS. 18 (a) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT 19 NUMBERS OF MILITARY DEPENDENT STUDENTS.—Of the 20 amount authorized to be appropriated for fiscal year 2019 21 in division G of this Act and available for operation and 22 maintenance for Defense-wide activities as specified in the 23 funding table in section 7301 of this Act, $40,000,000 24 shall be available only for the purpose of providing assist- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00246 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 247 HR 5515 PCS ance to local educational agencies under subsection (a) of 1 section 572 of the National Defense Authorization Act for 2 Fiscal Year 2006 (Public Law 109–163; 20 U.S.C. 3 7703b). 4 (b) IMPACT AID FOR CHILDREN WITH SEVERE DIS- 5 ABILITIES.—Of the amount authorized to be appropriated 6 for fiscal year 2019 in division G of this Act and available 7 for operation and maintenance for Defense-wide activities 8 as specified in the funding table in section 7301 of this 9 Act, $10,000,000 shall be available for payments under 10 section 363 of the Floyd D. Spence National Defense Au- 11 thorization Act for Fiscal Year 2001 (Public Law 106– 12 398; 20 U.S.C. 7703a). 13 (c) LOCAL EDUCATIONAL AGENCY DEFINED.—In 14 this section, the term ‘‘local educational agency’’ has the 15 meaning given that term in section 7013(9) of the Ele- 16 mentary and Secondary Education Act of 1965 (20 U.S.C. 17 7713(9)). 18 SEC. 564. DEPARTMENT OF DEFENSE EDUCATION ACTIVITY 19 MISCONDUCT DATABASE. 20 (a) COMPREHENSIVE DATABASE.—The Secretary of 21 Defense shall consolidate the various databases and mech- 22 anisms for the reporting and tracking of juvenile mis- 23 conduct in Department of Defense Education Activity 24 (hereinafter in this section referred to as ‘‘DODEA’’) 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00247 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 248 HR 5515 PCS schools into one comprehensive database for DODEA ju- 1 venile misconduct. The comprehensive database shall in- 2 clude, at a minimum, all reportable allegations of juvenile- 3 on-juvenile sexual misconduct, regardless of the final dis- 4 position of the case. 5 (b) POLICY.—The Secretary shall establish a com- 6 prehensive policy regarding the reporting and tracking of 7 juvenile misconduct cases occurring in DODEA schools, 8 including policies establishing appropriate safeguards to 9 prevent unauthorized disclosure of sensitive information 10 contained in the comprehensive database required by sub- 11 section (a). 12 SEC. 565. REPORT ON ASSESSMENT OF FREQUENCY OF 13 PERMANENT CHANGES OF STATION OF MEM- 14 BERS OF THE ARMED FORCES ON EMPLOY- 15 MENT AMONG MILITARY SPOUSES. 16 (a) IN GENERAL.—The Secretary of Defense shall 17 submit to Congress a report setting forth an assessment 18 of the effects of the frequency of permanent changes of 19 station of members of the Armed Forces on stability of 20 employment among military spouses. 21 (b) ELEMENTS.—The report under this section shall 22 include the following: 23 (1) An assessment of the effects of the fre- 24 quency of permanent changes of station of members 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00248 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 249 HR 5515 PCS of the Armed Forces on stability of employment 1 among military spouses, including the contribution 2 of frequent permanent changes of station to unem- 3 ployment or underemployment among military 4 spouses. 5 (2) An assessment of the effects of unemploy- 6 ment and underemployment among military spouses 7 on force readiness. 8 (3) Such recommendations as the Secretary 9 considers appropriate regarding legislative or admin- 10 istration action to achieve force readiness and sta- 11 bilization through the minimization of the impacts of 12 frequent permanent changes on stability of employ- 13 ment among military spouses. 14 SEC. 566. FLEXIBLE MATERNITY AND PARENTAL LEAVE. 15 Not later than 180 days after the date of enactment 16 of this Act, the Secretary of Defense shall establish and 17 implement policies and procedures that permit a military 18 parent to take, if requested by the military parent, flexible 19 and non-continuous— 20 (1) maternity leave; and 21 (2) parental leave. 22 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00249 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 250 HR 5515 PCS SEC. 567. REPORT ON WAGE DETERMINATION FOR CER- 1 TAIN PROGRAMS. 2 (a) WAGE DETERMINATION.—The Secretary of De- 3 fense, acting through the National Guard Bureau, shall 4 coordinate with the Secretary of Labor to obtain a wage 5 determination under section 6703(1) of title 41, United 6 States Code, for all contract workers under the following 7 programs: 8 (1) Family Assistance Centers. 9 (2) Family Readiness and Support. 10 (3) Yellow Ribbon Reintegration Program. 11 (4) Recruit Sustainment Program. 12 (b) REPORT.—Not later than 1 year after the date 13 of the enactment of this Act, the Secretary of Defense 14 shall submit a report to the congressional defense commit- 15 tees regarding the wage determinations described in sub- 16 section (a). The report shall include a cost estimate of 17 transferring all of the programs named in subsection (a) 18 to direct Federal management. 19 SEC. 568. EDUCATION FOR DEPENDENTS OF CERTAIN RE- 20 TIRED MEMBERS OF THE ARMED FORCES. 21 Section 2164(a) of title 10, United States Code, is 22 amended— 23 (1) in paragraph (1), by adding at the end ‘‘If 24 the Secretary determines that appropriate edu- 25 cational programs are not available through a local 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00250 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 251 HR 5515 PCS educational agency for dependents of retirees resid- 1 ing on a military installation in the United States, 2 the Secretary may enter into arrangements to pro- 3 vide for the elementary or secondary education of 4 the dependents of such retirees.’’; and 5 (2) by adding at the end the following new 6 paragraph: 7 ‘‘(4) For purposes of this subsection, the term ‘re- 8 tiree’ means a member or former member of the armed 9 forces who is entitled to retired or retainer pay under this 10 title, or who, but for age, would be eligible for retired or 11 retainer pay under chapter 1223 of this title.’’. 12 SEC. 569. TEMPORARY EXPANSION OF AUTHORITY FOR 13 NONCOMPETITIVE APPOINTMENTS OF MILI- 14 TARY SPOUSES BY FEDERAL AGENCIES. 15 (a) IN GENERAL.—During the 2-year period begin- 16 ning on the date of the enactment of this Act, section 17 3330d of title 5, United States Code, shall be applied— 18 (1) without regard to— 19 (A) paragraphs (3), (4), and (5) of sub- 20 section (a); and 21 (B) subsection (c); 22 (2) in subsection (b)(1), by substituting ‘‘a 23 spouse of a member of the Armed Forces on active 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00251 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 252 HR 5515 PCS duty’’ for ‘‘a relocating spouse of a member of the 1 Armed Forces’’; and 2 (3) in subsection (d)(1), by substituting ‘‘sub- 3 section (a)(3)’’ for ‘‘subsection (a)(6)’’. 4 (b) OPM LIMITATION AND REPORTS.— 5 (1) RELOCATING SPOUSES.—With respect to 6 the noncompetitive appointment of a relocating 7 spouse of a member of the Armed Forces under sub- 8 section (b)(1) of section 3330d of title 5, United 9 States Code, as modified by subsection (a), the Di- 10 rector of the Office of Personnel Management— 11 (A) shall monitor the number of such ap- 12 pointments; 13 (B) shall require the head of each agency 14 with authority to make such appointments 15 under such section to submit an annual report 16 to the Director on such appointments, including 17 information on the number of individuals so ap- 18 pointed, the types of positions filled, and the ef- 19 fectiveness of the authority for such appoint- 20 ments; and 21 (C) not later than 18 months after the 22 date of the enactment of this Act, shall submit 23 a report to the Committee on Oversight and 24 Government Reform of the House of Represent- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00252 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 253 HR 5515 PCS atives and the Committee on Homeland Secu- 1 rity and Government Affairs of the Senate on 2 the use and effectiveness of such authority. 3 (2) NON-RELOCATING SPOUSES.—With respect 4 to the noncompetitive appointment of a spouse of a 5 member of the Armed Forces other than a relocating 6 spouse described in paragraph (1), the Director of 7 the Office of Personnel Management— 8 (A) shall treat the spouse as a relocating 9 spouse under paragraph (1); and 10 (B) may limit the number of such appoint- 11 ments. 12 (c) SUNSET.—Effective on the date that is 2 years 13 after the date of the enactment of this Act, the authority 14 under this section, including the authority provided by the 15 modifications to section 3330d of title 5, United States 16 Code, shall expire. 17 SEC. 570. ASSESSMENT AND REPORT ON ACTIVE SHOOTER 18 THREAT MITIGATION AT SCHOOLS LOCATED 19 ON MILITARY INSTALLATIONS. 20 (a) ASSESSMENT.—The Secretary of Defense shall 21 conduct an assessment of strategies that may be used to 22 reduce the security threat posed by active shooter inci- 23 dents at public elementary schools and secondary schools 24 located on the grounds of Federal military installations. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00253 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 254 HR 5515 PCS (b) REPORT.—Not later than 180 days after the date 1 of the enactment of this Act, the Secretary of Defense 2 shall submit to the congressional defense committees a re- 3 port that includes the results of the assessment conducted 4 under subsection (a). 5 Subtitle H—Decorations and 6 Awards 7 SEC. 571. LIMITATIONS ON AUTHORITY TO REVOKE CER- 8 TAIN MILITARY DECORATIONS AWARDED TO 9 MEMBERS OF THE ARMED FORCES. 10 (a) ARMY.— 11 (1) LIMITATIONS.—Chapter 357 of title 10, 12 United States Code, is amended by adding at the 13 end the following new section: 14 ‘‘§ 3757. Military decorations: limitations on revoca- 15 tion 16 ‘‘(a) LIMITATIONS.—Except as provided in sub- 17 section (b), the President or the Secretary of the Army 18 may not authorize the revocation of a military decoration 19 after the actual award of the military decoration to a 20 member of the armed forces under the jurisdiction of the 21 Secretary. 22 ‘‘(b) EXCEPTIONS.—(1) Subsection (a) does not 23 apply to the revocation of a military decoration if the rev- 24 ocation is ordered on account of— 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00254 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 255 HR 5515 PCS ‘‘(A) the acquisition of new or additional infor- 1 mation that calls into question the service for which 2 the member was awarded the military decoration; or 3 ‘‘(B) the conviction of the member for a felony. 4 ‘‘(2) In applying the exception described in paragraph 5 (1)(B), the President and the Secretary of the Army shall 6 take into account, as an extenuating factor, whether the 7 member has been diagnosed with traumatic brain injury 8 or post-traumatic stress disorder. 9 ‘‘(c) MILITARY DECORATION DEFINED.—In this sec- 10 tion, the term ‘military decoration’ means the distin- 11 guished-service cross, distinguished-service medal, silver 12 star, distinguished flying cross, or Soldier’s Medal. The 13 term does not include the medal of honor.’’. 14 (2) CLERICAL AMENDMENT.—The table of sec- 15 tions at the beginning of such chapter is amended 16 by adding at the end the following new item: 17 ‘‘3757. Military decorations: limitations on revocation.’’. (b) NAVY AND MARINE CORPS.— 18 (1) LIMITATIONS.—Chapter 567 of title 10, 19 United States Code, is amended by adding at the 20 end the following new section: 21 ‘‘§ 6259. Military decorations: limitations on revoca- 22 tion 23 ‘‘(a) LIMITATIONS.—Except as provided in sub- 24 section (b), the President or the Secretary of the Navy 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00255 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 256 HR 5515 PCS may not authorize the revocation of a military decoration 1 after the actual award of the military decoration to a 2 member of the armed forces under the jurisdiction of the 3 Secretary. 4 ‘‘(b) EXCEPTIONS.—(1) Subsection (a) does not 5 apply to the revocation of a military decoration if the rev- 6 ocation is ordered on account of— 7 ‘‘(A) the acquisition of new or additional infor- 8 mation that calls into question the service for which 9 the member was awarded the military decoration; or 10 ‘‘(B) the conviction of the member for a felony. 11 ‘‘(2) In applying the exception described in paragraph 12 (1)(B), the President and the Secretary of the Navy shall 13 take into account, as an extenuating factor, whether the 14 member has been diagnosed with traumatic brain injury 15 or post-traumatic stress disorder. 16 ‘‘(c) MILITARY DECORATION DEFINED.—In this sec- 17 tion, the term ‘military decoration’ means the Navy cross, 18 distinguished-service medal, silver star medal, distin- 19 guished flying cross, or Navy and Marine Corps Medal. 20 The term does not include the medal of honor.’’. 21 (2) CLERICAL AMENDMENT.—The table of sec- 22 tions at the beginning of such chapter is amended 23 by adding at the end the following new item: 24 ‘‘6259. Military decorations: limitations on revocation.’’. (c) AIR FORCE.— 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00256 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 257 HR 5515 PCS (1) LIMITATIONS.—Chapter 857 of title 10, 1 United States Code, is amended by adding at the 2 end the following new section: 3 ‘‘§ 8757. Military decorations: limitations on revoca- 4 tion 5 ‘‘(a) LIMITATIONS.—Except as provided in sub- 6 section (b), the President or the Secretary of the Air Force 7 may not authorize the revocation of a military decoration 8 after the actual award of the military decoration to a 9 member of the armed forces under the jurisdiction of the 10 Secretary. 11 ‘‘(b) EXCEPTIONS.—(1) Subsection (a) does not 12 apply to the revocation of a military decoration if the rev- 13 ocation is ordered on account of— 14 ‘‘(A) the acquisition of new or additional infor- 15 mation that calls into question the service for which 16 the member was awarded the military decoration; or 17 ‘‘(B) the conviction of the member for a felony. 18 ‘‘(2) In applying the exception described in paragraph 19 (1)(B), the President and the Secretary of the Air Force 20 shall take into account, as an extenuating factor, whether 21 the member has been diagnosed with traumatic brain in- 22 jury or post-traumatic stress disorder. 23 ‘‘(c) MILITARY DECORATION DEFINED.—In this sec- 24 tion, the term ‘military decoration’ means the Air Force 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00257 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 258 HR 5515 PCS cross, distinguished-service medal, silver star, distin- 1 guished flying cross, or Airman’s Medal. The term does 2 not include the medal of honor.’’. 3 (2) CLERICAL AMENDMENT.—The table of sec- 4 tions at the beginning of such chapter is amended 5 by adding at the end the following new item: 6 ‘‘8757. Military decorations: limitations on revocation.’’. SEC. 572. AUTHORIZATION FOR AWARD OF EXPEDITIONARY 7 MEDAL TO CERTAIN MARINES FOR ACTIONS 8 ON JUNE 8, 1995. 9 Notwithstanding any time limitation with respect to 10 the awarding of certain medals to persons who served in 11 the Armed Forces, the Secretary of Defense may award 12 the Armed Forces Expeditionary Medal to a member or 13 former member of the 24th Marine Expeditionary Unit, 14 Special Operations Capable, for the mission to rescue Cap- 15 tain Scott O’Grady, United States Air Force, from Bosnia 16 on June 8, 1995. 17 SEC. 573. AWARD OF MEDALS OR OTHER COMMENDATIONS 18 TO HANDLERS OF MILITARY WORKING DOGS 19 AND MILITARY WORKING DOGS. 20 (a) SHORT TITLE.—This section may be cited as the 21 ‘‘Guardians of America’s Freedom Medal Act’’. 22 (b) AWARD OF MEDALS OR OTHER COMMENDATIONS 23 TO HANDLERS OF MILITARY WORKING DOGS AND MILI- 24 TARY WORKING DOGS.— 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00258 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 259 HR 5515 PCS (1) PROGRAM OF AWARD REQUIRED.—Each 1 Secretary of a military department shall carry out a 2 program to provide for the award of one or more 3 medals or other commendations to handlers of mili- 4 tary working dogs, and to military working dogs, 5 under the jurisdiction of such Secretary to recognize 6 valor or meritorious achievement by such handlers 7 and dogs. 8 (2) MEDAL AND COMMENDATIONS.—Any medal 9 or commendation awarded pursuant to a program 10 under paragraph (1) shall be of such design, and in- 11 clude such elements, as the Secretary of the military 12 department concerned shall specify. 13 (3) REGULATIONS.—Medals and commenda- 14 tions shall be awarded under programs under para- 15 graph (1) in accordance with regulations prescribed 16 by the Secretary of Defense for purposes of this sec- 17 tion. 18 SEC. 574. AUTHORIZATION FOR AWARD OF DISTINGUISHED- 19 SERVICE CROSS TO JUSTIN T. GALLEGOS FOR 20 ACTS OF VALOR DURING OPERATION ENDUR- 21 ING FREEDOM. 22 (a) WAIVER OF TIME LIMITATIONS.—Notwith- 23 standing the time limitations specified in section 3744 of 24 title 10, United States Code, or any other time limitations 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00259 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 260 HR 5515 PCS with respect to the awarding of certain medals to persons 1 who served in the Armed Forces, the Secretary of the 2 Army may award the Distinguished-Service Cross under 3 section 3742 of such title to Justin T. Gallegos for the 4 acts of valor described in subsection (b). 5 (b) ACTS OF VALOR DESCRIBED.—The acts of valor 6 referred to in subsection (a) are the actions of Justin T. 7 Gallegos on October 3, 2009, as a member of the Army 8 in the grade of Staff Sergeant, serving in Afghanistan 9 with the 61st Cavalry Regiment, 4th Brigade Combat 10 Team, 4th Infantry Division. 11 SEC. 575. REPORT ON AWARDS FOR COST-SAVING IDEAS. 12 Not later than 1 year after the date of enactment 13 of this Act, Secretary of Defense shall submit to Congress 14 a report detailing— 15 (1) the total number of awards and commenda- 16 tions presented to any military personnel for a cost- 17 saving idea during the prior fiscal year; 18 (2) a total estimate of the total savings as a re- 19 sult of the implementation of cost-saving ideas for 20 which an award or commendation was presented; 21 and 22 (3) a description of how the Secretary plans to 23 expand incentive programs for the purpose described 24 in this section and streamline such programs. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00260 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 261 HR 5515 PCS SEC. 576. ELIGIBILITY OF VETERANS OF OPERATION END 1 SWEEP FOR VIETNAM SERVICE MEDAL. 2 The Secretary of the military department concerned 3 may, upon the application of an individual who is a vet- 4 eran who participated in Operation End Sweep, award 5 that individual the Vietnam Service Medal. 6 Subtitle I—Miscellaneous Reports 7 and Other Matters 8 SEC. 581. PUBLIC AVAILABILITY OF TOP-LINE NUMBERS OF 9 DEPLOYED MEMBERS OF THE ARMED 10 FORCES. 11 (a) IN GENERAL.—Except as provided in subsection 12 (b), the Secretary of Defense shall make publicly available, 13 on a quarterly basis, on a website of the Department the 14 top-line numbers of members of the Armed Forces de- 15 ployed for each country as of the date of the submittal 16 of the report and the total number of members of the 17 Armed Forces so deployed during the quarter covered by 18 the report. 19 (b) WAIVER.— 20 (1) IN GENERAL.—The Secretary may waive 21 the requirement under subsection (a) in the case of 22 a sensitive military operation if— 23 (A) the Secretary determines the public 24 disclosure of the number of deployed members 25 of the Armed Forces could reasonably be ex- 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00261 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 262 HR 5515 PCS pected to provide an operational military advan- 1 tage to an adversary; or 2 (B) members of the Armed Forces are de- 3 ployed for a period that does not exceed 30 4 days. 5 (2) NOTICE.—If the Secretary issues a waiver 6 under this subsection, the Secretary submit to the 7 congressional defense committees a notice of the 8 waiver and the reasons for the determination that 9 led to the waiver. 10 (3) PUBLIC AVAILABILITY.—If a waiver is 11 issued under this subsection, notice of such waiver 12 shall be included in the report made publicly avail- 13 able under subsection (a) for the applicable quarter, 14 together with information about the timing of the 15 waiver. 16 (c) SENSITIVE MILITARY OPERATION DEFINED.— 17 The term ‘‘sensitive military operation’’ has the meaning 18 given that term in section 130f(d) of title 10, United 19 States Code. 20 SEC. 582. CRITERIA FOR INTERMENT AT ARLINGTON NA- 21 TIONAL CEMETERY. 22 (a) CRITERIA.—The Secretary of the Army, in con- 23 sultation with the Secretary of Defense, shall prescribe re- 24 vised criteria for interment at Arlington National Ceme- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00262 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 263 HR 5515 PCS tery that preserve Arlington National Cemetery as an ac- 1 tive burial ground ‘‘well into the future,’’ as that term is 2 used in the report submitted by the Secretary of the Army 3 to the Committees on Veterans’ Affairs and the Commit- 4 tees on Armed Services of the House of Representatives 5 and the Senate, dated February 14, 2017, and titled ‘‘The 6 Future of Arlington National Cemetery: Report on the 7 Cemetery’s Interment and Inurnment Capacity 2017’’. 8 (b) DEADLINE.—The Secretary of the Army shall es- 9 tablish the criteria under subsection (a) not later than 10 September 30, 2019. 11 SEC. 583. REPORT ON GENERAL AND FLAG OFFICER COSTS. 12 Not later than nine months after the date of the en- 13 actment of this Act, the Secretary of Defense shall submit 14 to the congressional defense committees a report on gen- 15 eral and flag officer costs. Such report shall include cost 16 estimates for direct and indirect costs associated with gen- 17 eral and flag officers generally and for specific positions 18 in accordance with the recommendations of the Office of 19 the Secretary of Defense-Cost Assessment and Program 20 Evaluation report entitled ‘‘Defining General and Flag Of- 21 ficer Costs’’ dated December 2017, including— 22 (1) direct compensation for all general and flag 23 officers and for specific general and flag officer posi- 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00263 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 264 HR 5515 PCS tions, using the full cost of manpower model to esti- 1 mate where possible; 2 (2) personal money allowances for positions 3 that receive an allowance; 4 (3) deferred compensation and health care costs 5 for all general and flag officers and for specific gen- 6 eral and flag officer positions; 7 (4) costs associated with providing security de- 8 tails for specific general and flag officer positions 9 that merit continuous security; 10 (5) costs associated with Government and com- 11 mercial travel for general and flag officers who qual- 12 ify for tier one or two travel, including commercial 13 travel costs using defense travel sytstem data; 14 (6) general flag officer per diems for specific 15 positions, based on average travel per diem costs; 16 (7) costs for enlisted and officer aide housing 17 for general and flag officers generally and for spe- 18 cific general and flag officer positions, including 19 basic housing assistance costs for staff; 20 (8) on a case-by-case basis, costs associated 21 with enlisted and officer aide travel, taking into con- 22 sideration the cost of data collection; 23 (9) costs associated with additional support 24 staff for general and flag officers and their travel, 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00264 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 265 HR 5515 PCS equipment, and per diem costs for all general and 1 flag officers and specific general and flag officer po- 2 sitions based on the average numbers per general or 3 flag officer and estimations using the full cost of 4 manpower model; 5 (10) costs associated with the upkeep and 6 maintenance of official residences not captured by 7 basic housing assistance; and 8 (11) costs associated with training for general 9 and flag officers generally and specific general and 10 flag officer positions using estimations from the full 11 cost of manpower model. 12 SEC. 584. REPORT ON OUTSIDE EMPLOYMENT OF SENIOR 13 PERSONNEL. 14 (a) REPORT REQUIRED.—Not later than 18 months 15 after the date of the enactment of this Act, and annually 16 thereafter, the Secretary of Defense shall submit a report 17 to Congress on requests by senior personnel for approval 18 of outside employment during the preceding fiscal year. 19 (b) ELEMENTS.—The report under this section shall 20 contain the following regarding: 21 (1) The number of such requests. 22 (2) The number of such requests approved. 23 (3) The types of positions for which senior per- 24 sonnel made such requests. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00265 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 266 HR 5515 PCS (4) The range and average of the time commit- 1 ment for such positions. 2 (5) The range and average of the compensation 3 for such positions. 4 (6) Any ethical lapses or abuses by senior per- 5 sonnel in the course of employment pursuant to ap- 6 proved requests. 7 (c) SENIOR PERSONNEL DEFINED.—In this section, 8 the term ‘‘senior personnel’’ means any of the following: 9 (1) An officer in the regular or reserve compo- 10 nent of an armed force above the grade of O–6. 11 (2) An employee of the Department of Defense 12 in the Senior Executive Service. 13 SEC. 585. LIMITATION ON USE OF FUNDS PENDING SUB- 14 MITTAL OF REPORT ON ARMY MARKETING 15 AND ADVERTISING PROGRAM. 16 (a) REPORT REQUIRED.— 17 (1) IN GENERAL.—The Secretary of the Army 18 shall submit to the Committees on Armed Services 19 of the Senate and House of Representatives a report 20 on the recommendations contained in the audit con- 21 ducted by the Army Audit Agency of the Army’s 22 Marketing and Advertising Program concerning con- 23 tract oversight and return on investment. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00266 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 267 HR 5515 PCS (2) CONTENTS.—The report required by para- 1 graph (1) shall address each of the following: 2 (A) The mitigation and oversight measures 3 implemented to assure improved program re- 4 turn and contract management including the 5 establishment of specific goals to measure long- 6 term effects of investments in marketing ef- 7 forts. 8 (B) The establishment of a review process 9 to regularly evaluate the effectiveness and effi- 10 ciency of marketing efforts including efforts to 11 better support the accessions missions of the 12 Army. 13 (C) The increase of acquisition and mar- 14 keting experience within the Army Marketing 15 and Research Group (hereinafter in this section 16 referred to as the ‘‘AMRG’’). 17 (D) A workforce analysis of AMRG in co- 18 operation with the Office of Personnel Manage- 19 ment and industry experts assessing the AMRG 20 organizational structure, staffing, and training, 21 including an assessment of the workplace cli- 22 mate and culture internal to the AMRG. 23 (E) The establishment of an Army Mar- 24 keting and Advisory Board comprised of senior 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00267 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 268 HR 5515 PCS Army and marketing and advertising leaders 1 and an assessment of industry and service mar- 2 keting and advertising best practices including 3 a plan to incorporate relevant practices. 4 (F) The status of the implementation of 5 contracting practices recommended by the 6 Army Audit Agency’s audit of contracting over- 7 sight of AMRG contained in Audit Report A– 8 2018–0033–MTH. 9 (b) LIMITATION ON USE OF FUNDS.—Not more than 10 60 percent of the amounts authorized to be appropriated 11 or otherwise made available in this Act for the AMRG for 12 fiscal year 2019 for advertising and marketing activities 13 may be obligated or expended until the Secretary of the 14 Army submits the report required by subsection (a). 15 (c) COMPTROLLER GENERAL REVIEW.—Not later 16 than 90 days after the date of the submittal of the report 17 required by subsection (a), the Comptroller General of the 18 United States shall conduct a review of the results and 19 implementation of the recommendations of the Army 20 Audit Agency Audits of the AMRG on contract oversight 21 and return on investment. Such review shall include an 22 assessment of the effects of the implementation of the rec- 23 ommendations on the AMRG leadership, workforce and 24 business practices, and return on investment. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00268 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 269 HR 5515 PCS SEC. 586. INCLUSION OF BLAST EXPOSURE HISTORY IN 1 SERVICE RECORDS. 2 The Secretary of Defense shall ensure that blast ex- 3 posure history is included in the service records of mem- 4 bers of the Armed Forces in a manner that will assist in 5 determining whether a future illness or injury is service 6 connected. 7 SEC. 587. CYBERSECURITY EDUCATIONAL PROGRAMS AND 8 AWARENESS IN JUNIOR RESERVE OFFICER 9 TRAINING CORPS. 10 The Secretaries of the military departments shall en- 11 courage the Junior Reserve Officer Training Corps to in- 12 clude cybersecurity educational programs and awareness 13 in the curriculum of the Corps, including lessons on cyber 14 defense, risks of cybersecurity vulnerabilities in the mili- 15 tary, and pursuing studies and careers in cybersecurity 16 and related fields within the Department of Defense. 17 SEC. 588. PUBLICATION OF GUIDANCE AND INFORMATION 18 ON HOUSING MARKETS NEAR CERTAIN MILI- 19 TARY INSTALLATIONS. 20 (a) IN GENERAL.—The Secretary of Defense shall 21 develop and make publicly available guidance and informa- 22 tion about the housing market around military installa- 23 tions in the continental United States. Such guidance and 24 information shall be designed to assist members of the 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00269 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 270 HR 5515 PCS Armed Forces in better using their basic allowance for 1 housing. 2 (b) MATTERS FOR INCLUSION.—The information and 3 guidance under subsection (a) shall include— 4 (1) information on the housing market around 5 the installation, including— 6 (A) information about deciding whether to 7 rent or buy, including taking into consideration 8 the average deployment cycle for that military 9 installation and permanent change of station 10 timelines; 11 (B) information about houses and apart- 12 ments; 13 (C) considerations of living with a room- 14 mate; and 15 (D) information about working with and 16 through a landlord; 17 (2) suggested bedroom and bathroom and 18 square footage for each basic allowance for housing 19 category; 20 (3) recommended zip codes in which to look for 21 properties; 22 (4) information about the availability of public 23 transportation; 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00270 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 271 HR 5515 PCS (5) average commute times to military installa- 1 tion and wait times at nearest gate; and 2 (6) a list of realtors and real estate brokers who 3 work in the area, including any complaints reg- 4 istered against such realtors and brokers. 5 (c) GAO REPORT.—The Comptroller General of the 6 United States shall submit to Congress a report on a re- 7 view of the Comptroller General of the rate setting proce- 8 dure for basic allowance for housing. Such review shall 9 cover how the Department of Defense collects basic allow- 10 ance for housing data and shall include an analysis of each 11 of the following: 12 (1) Whether the process in use is the most effi- 13 cient process. 14 (2) Whether the information collected is pub- 15 lically available elsewhere. 16 (3) Whether the data collected reflects what is 17 available through open source methods. 18 (4) How basic allowance for housing rates and 19 cost of living adjustments are interrelated. 20 (5) Whether members of the Armed Forces 21 about whom data is collected are receiving loan pro- 22 tections on interest rates pursuant to the 23 Servicemembers Civil Relief Act. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00271 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 272 HR 5515 PCS (6) Whether such members of the Armed 1 Forces experience issues when they need to break 2 leases for a deployment or permanent change of sta- 3 tion. 4 SEC. 589. ASSISTANCE OF STATES FOR DEPLOYMENT-RE- 5 LATED SUPPORT OF MEMBERS OF THE 6 ARMED FORCES UNDERGOING DEPLOYMENT 7 AND THEIR FAMILIES BEYOND THE YELLOW 8 RIBBON REINTEGRATION PROGRAM. 9 Section 582 of the National Defense Authorization 10 Act for Fiscal Year 2008 (10 U.S.C. 10101 note) is 11 amended— 12 (1) by redesignating subsections (k) and (l) as 13 subsections (l) and (m), respectively; and 14 (2) by inserting after subsection (j) the fol- 15 lowing new subsection (k): 16 ‘‘(k) SUPPORT BEYOND PROGRAM.—The Secretary 17 of Defense shall provide funding to States to carry out 18 programs that provide deployment cycle information, serv- 19 ices, and referrals to members of the Armed Forces, in- 20 cluding members of the regular components and members 21 of the reserve components, and the families of such mem- 22 bers, throughout the deployment cycle. Such programs 23 may include the provision of access to outreach services, 24 including the following: 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00272 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 273 HR 5515 PCS ‘‘(1) Employment counseling. 1 ‘‘(2) Behavioral health counseling. 2 ‘‘(3) Suicide prevention. 3 ‘‘(4) Housing advocacy. 4 ‘‘(5) Financial counseling. 5 ‘‘(6) Referrals for the receipt of other related 6 services.’’. 7 SEC. 590. EXEMPTION FROM REPAYMENT OF VOLUNTARY 8 SEPARATION PAY. 9 Section 1175a(j) of title 10, United States Code, is 10 amended— 11 (1) in paragraph (1) by striking ‘‘paragraphs 12 (2) and (3)’’ and inserting ‘‘paragraphs (2), (3), and 13 (4)’’; 14 (2) by redesignating paragraph (4) as para- 15 graph (5); and 16 (3) by inserting after paragraph (3) the fol- 17 lowing new paragraph: 18 ‘‘(4) This subsection shall not apply to a member 19 who— 20 ‘‘(A) is involuntarily recalled to active duty or 21 full-time National Guard duty; and 22 ‘‘(B) in the course of such duty, incurs a serv- 23 ice-connected disability rating of total under section 24 1155 of title 38.’’. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00273 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 274 HR 5515 PCS SEC. 591. SERVICE OF WOUNDED WARRIORS AS REMOTELY 1 PILOTED AIRCRAFT PILOTS OR REMOTELY 2 PILOTED AIRCRAFT SENSOR OPERATORS IN 3 THE AIR FORCE. 4 (a) PROGRAM REQUIRED.—The Secretary of the Air 5 Force shall establish a program under which a qualified 6 wounded warrior who faces retirement or separation from 7 the Armed Forces for physical disability may continue, in 8 lieu of such retirement or separation, to serve in the 9 Armed Forces as a remotely piloted aircraft pilot or re- 10 motely piloted aircraft sensor operator in the Air Force. 11 (b) ELIGIBILITY QUALIFICATIONS.— 12 (1) MODIFICATION OF PHYSICAL REQUIRE- 13 MENTS.—In the case of wounded warriors only, the 14 Secretary of the Air Force shall modify the physical 15 fitness requirements applicable to a wounded warrior 16 who is seeking to serve, or is serving, as a remotely 17 piloted aircraft pilot or remotely piloted aircraft sen- 18 sor operator if the wounded warrior is incapable of 19 meeting such requirements, such as completing an 20 annual physical training test, due to the service-re- 21 lated disability, but otherwise satisfies the remotely 22 piloted aircraft medical standard. 23 (2) MEDICAL WAIVERS.—The restriction on 24 medical waivers contained in section 6.4.5.1 of Air 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00274 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 275 HR 5515 PCS Force Instruction 48–123 shall not apply to the pro- 1 gram required by this section. 2 (3) CONTINUED APPLICABILITY OF OTHER RE- 3 QUIREMENTS.—To serve as a remotely piloted air- 4 craft pilot or remotely piloted aircraft sensor oper- 5 ator, a wounded warrior applicant would still have to 6 pass— 7 (A) the applicable Air Force Officer Quali- 8 fying Test or Armed Services Vocational Apti- 9 tude Battery; and 10 (B) the applicable security and mental 11 health requirements. 12 (4) AUTOMATIC DISQUALIFICATION.—A wound- 13 ed warrior may not be selected to serve, or continue 14 to serve, as a remotely piloted aircraft pilot or re- 15 motely piloted aircraft sensor operator if the Sec- 16 retary of the Air Force determines that— 17 (A) the wounded warrior presents a hazard 18 to flying safety or mission completion; 19 (B) performance of the duty would be haz- 20 ardous to the health of the wounded warrior; or 21 (C) the wounded warrior is diagnosed with 22 post-traumatic stress disorder, traumatic brain 23 injury, or any other mental disorder that could 24 hinder mission performance. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00275 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 276 HR 5515 PCS (c) PRIORITY FOR CERTAIN WOUNDED WARRIORS.— 1 In selecting wounded warriors to serve as a remotely pi- 2 loted aircraft pilot or remotely piloted aircraft sensor oper- 3 ator, the Secretary of the Air Force shall give priority to 4 wounded warriors whose disability was incurred— 5 (1) in the line of duty in a combat zone des- 6 ignated by the Secretary of Defense; or 7 (2) during the performance of duty in combat- 8 related operations as designated by the Secretary of 9 Defense. 10 (d) TRANSFER AUTHORITY.—In the case of a wound- 11 ed warrior who is not a member of the Air Force, the Sec- 12 retary of the Air Force shall cooperate with the Secretary 13 concerned having jurisdiction over the wounded warrior to 14 transfer the wounded warrior from the other Armed Force 15 to the Air Force to permit the wounded warrior to be se- 16 lected for the program under this section. 17 (e) WOUNDED WARRIOR DEFINED.—In this section, 18 the term ‘‘wounded warrior’’ means a member of the 19 Armed Forces who— 20 (1) is unfit to perform the duties of the mem- 21 ber’s office, grade, rank, or rating because of phys- 22 ical disability incurred in the line of duty; and 23 (2) is under consideration for retirement or sep- 24 aration under chapter 61 of title 10, United States 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00276 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 277 HR 5515 PCS Code, or has been placed on the temporary disability 1 retired list. 2 SEC. 592. TRANSPORTATION OF REMAINS OF CASUALTIES; 3 TRAVEL EXPENSES FOR NEXT OF KIN. 4 (a) TRANSPORTATION FOR REMAINS OF A MEMBER 5 WHO DIES NOT IN A THEATER OF COMBAT OPER- 6 ATIONS.—Section 562 of the John Warner National De- 7 fense Authorization Act for Fiscal Year 2007 (Public Law 8 109-364; 10 U.S.C. 1482 note) is amended— 9 (1) in the heading, by striking ‘‘DYING IN A 10 THEATER OF COMBAT OPERATIONS’’; and 11 (2) in subsection (a), by striking ‘‘in a combat 12 theater of operations’’ and inserting ‘‘outside of the 13 United States’’. 14 (b) TRANSPORTATION FOR FAMILY.—The Secretary 15 of Defense shall revise Department of Defense Instruction 16 1300.18 to extend travel privileges via Invitational Travel 17 Authorization to family members of members of the 18 Armed Forces who die outside of the United States and 19 whose remains are returned to the United States through 20 the mortuary facility at Dover Air Force Base, Delaware. 21 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00277 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 278 HR 5515 PCS SEC. 593. GARNISHMENT TO SATISFY JUDGMENT REN- 1 DERED FOR PHYSICALLY, SEXUALLY, OR 2 EMOTIONALLY ABUSING A CHILD. 3 Section 1408 of title 10, United States Code, is 4 amended— 5 (1) in subsection (e)— 6 (A) in paragraph (1), by striking ‘‘The’’ 7 and inserting ‘‘Subject to subsection (l)(2), 8 the’’; and 9 (B) in paragraph (4)(B), by striking 10 ‘‘other provision of law’’ and inserting ‘‘provi- 11 sion of law except subsection (l)(2)’’; and 12 (2) in subsection (l)(2), by striking the second 13 sentence and inserting ‘‘The limitations on the 14 amount of disposable retired pay available for pay- 15 ments under paragraphs (1) and (4)(B) of sub- 16 section (e) do not apply to a child abuse garnish- 17 ment order.’’. 18 SEC. 594. USE OF MOBILE APPLICATIONS FOR TRAINING 19 MANUALS. 20 The Secretary of Defense shall encourage the military 21 departments to transition training manuals, emergency 22 guidance, and other publications needed to train members 23 of the Armed Forces to applications on mobile telephones 24 that use innovative technologies and provide for inter- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00278 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 279 HR 5515 PCS action between trainees and information needed to com- 1 plete training in a manner that is cost efficient. 2 SEC. 595. ADDRESSING ATTRITION LEVELS OF WOMEN IN 3 THE MILITARY. 4 Not later than 1 year after the date of enactment 5 of this Act, the Secretary of Defense shall develop and 6 carry out an exit survey to be completed by members of 7 the Armed Forces to assist the Secretary to assess the 8 reasons that attrition levels for women are higher than 9 for men at various career points. 10 SEC. 596. PROOF OF PERIOD OF MILITARY SERVICE FOR 11 PURPOSES OF INTEREST RATE LIMITATION 12 UNDER THE SERVICEMEMBERS CIVIL RELIEF 13 ACT. 14 Section 207(b)(1) of the Servicemembers Civil Relief 15 Act (50 U.S.C. 3937(b)(1)) is amended to read as follows: 16 ‘‘(1) PROOF OF MILITARY SERVICE.— 17 ‘‘(A) IN GENERAL.—Not later than 180 18 days after the date of a servicemember’s termi- 19 nation or release from military service, in order 20 for an obligation or liability of the servicemem- 21 ber to be subject to the interest rate limitation 22 in subsection (a), the servicemember shall pro- 23 vide to the creditor written notice and a copy 24 of— 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00279 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 280 HR 5515 PCS ‘‘(i) the military orders calling the 1 servicemember to military service and any 2 orders further extending military service; 3 or 4 ‘‘(ii) any other appropriate indicator 5 of military service, including a certified let- 6 ter from a commanding officer. 7 ‘‘(B) INDEPENDENT VERIFICATION BY 8 CREDITOR.— 9 ‘‘(i) IN GENERAL.—Regardless of 10 whether a servicemember has provided to a 11 creditor the written notice and documenta- 12 tion under subparagraph (A), the creditor 13 may use, in lieu of such notice and docu- 14 mentation, information retrieved from the 15 Defense Manpower Database Center 16 through the creditor’s normal business re- 17 views of the Database Center for purposes 18 of obtaining information indicating that 19 the servicemember is on active duty. 20 ‘‘(ii) SAFE HARBOR.—A creditor that 21 uses the information retrieved from the 22 Defense Manpower Database Center under 23 clause (i) with respect to a servicemember 24 has not failed to treat the debt of the serv- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00280 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 281 HR 5515 PCS icemember in accordance with subsection 1 (a) if— 2 ‘‘(I) such information indicates 3 that, on the date the creditor retrieves 4 such information, the servicemember 5 is not on active duty; and 6 ‘‘(II) the creditor has not, as of 7 such date, received the written notice 8 and documentation required under 9 subparagraph (A) with respect to the 10 servicemember.’’. 11 SEC. 597. REPORT REGARDING POSSIBLE IMPROVEMENTS 12 TO PROCESSING RETIREMENTS AND MED- 13 ICAL DISCHARGES. 14 (a) REPORT REQUIRED.—Not later than 180 days 15 after the date of the enactment of this Act, the Secretary 16 of Defense, in consultation with the Secretary of Veterans 17 Affairs, shall issue a report to the congressional defense 18 committees and the Committees on Veterans’ Affairs of 19 the Senate and House of Representatives regarding pos- 20 sible improvements to the transition of members of the 21 Armed Forces to veteran status. 22 (b) ELEMENTS.—The report under subsection (a) 23 shall address the following: 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00281 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 282 HR 5515 PCS (1) Feasibility of requiring members of the 1 Armed Forces to apply for benefits administered by 2 the Secretary of Veterans Affairs before such mem- 3 bers complete discharge from the Armed Forces. 4 (2) Feasibility of requiring members of the 5 Armed Forces to undergo compensation and pension 6 examinations (to be administered by the Secretary of 7 Defense) for purposes of obtaining benefits described 8 in paragraph (1) before such members complete dis- 9 charge from active duty in the Armed Forces. 10 (3) Possible improvements to the timeliness of 11 the process for transitioning members who undergo 12 medical discharge to care provided by the Secretary 13 of Veterans Affairs. 14 SEC. 598. CHAPLAINCIES OF THE ARMED FORCES. 15 (a) PURPOSE.—The purposes of the chaplaincies of 16 the Armed Forces are— 17 (1) to accommodate the religious needs of mem- 18 bers of the Armed Forces; 19 (2) to provide religious and pastoral care to 20 members of the Armed Forces; and 21 (3) to provide advice to commanders of the 22 Armed Forces on the complexities of religion with 23 regard to the respective commander’s personnel and 24 mission, as appropriate. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00282 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 283 HR 5515 PCS (b) REQUIREMENTS.—Each chaplain of the Armed 1 Forces shall be— 2 (1) a member of a religious organization; 3 (2) of sufficient education and ecclesiastical 4 qualification; and 5 (3) qualified to conduct religious observances or 6 ceremonies. 7 TITLE VI—COMPENSATION AND 8 OTHER PERSONNEL BENEFITS 9 Subtitle A—Pay and Allowances 10 SEC. 601. PROMPT REVIEW OF REQUEST FOR IMMINENT 11 DANGER PAY. 12 Section 310(d)(1) of title 37, United States Code, is 13 amended by adding at the end the following new sentence: 14 ‘‘The Secretary of Defense shall issue a determination re- 15 garding special pay under this section not later than 90 16 days after receiving a request for such determination from 17 the commander of a geographic combatant command.’’. 18 SEC. 602. APPLICATION OF BASIC ALLOWANCE FOR HOUS- 19 ING TO MEMBERS OF THE UNIFORMED SERV- 20 ICES IN THE VIRGIN ISLANDS. 21 (a) IN GENERAL.—Section 403(b) of title 37, United 22 States Code, is amended— 23 (1) in the heading, by inserting ‘‘AND THE VIR- 24 GIN ISLANDS’’ after ‘‘THE UNITED STATES’’; 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00283 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 284 HR 5515 PCS (2) in paragraph (1), by inserting ‘‘and the Vir- 1 gin Islands’’ after ‘‘the United States’’; and 2 (3) in paragraphs (2), (3)(A), and (6), by in- 3 serting ‘‘or the Virgin Islands’’ after ‘‘the United 4 States’’ each place it appears. 5 (b) CONFORMING AMENDMENTS.—Section 403(c) of 6 title 37, United States Code, is amended— 7 (1) in the heading, by inserting ‘‘OR THE VIR- 8 GIN ISLANDS’’ after ‘‘THE UNITED STATES’’; and 9 (2) in paragraphs (1), (2), (3)(A)(i), and 10 (3)(B), by inserting ‘‘or the Virgin Islands’’ after 11 ‘‘the United States’’ each place it appears. 12 (c) EFFECTIVE DATE.—The amendments made by 13 this section shall take effect on the date of the enactment 14 of this Act and shall apply to payments under section 403 15 of title 37, United States Code, beginning on January 1, 16 2019. 17 SEC. 603. MANDATORY INCREASE IN INSURANCE COV- 18 ERAGE UNDER SERVICEMEMBERS’ GROUP 19 LIFE INSURANCE FOR MEMBERS DEPLOYED 20 TO COMBAT THEATERS OF OPERATION. 21 Section 1967(a)(3) of title 38, United States Code, 22 is amended— 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00284 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 285 HR 5515 PCS (1) in subparagraph (A), by striking ‘‘subpara- 1 graphs (B) and (C)’’ and inserting ‘‘subparagraphs 2 (B), (C), and (D)’’; and 3 (2) by adding at the end the following new sub- 4 paragraph: 5 ‘‘(D) In the case of a member who elects under 6 paragraph (2)(A) not to be insured under this sec- 7 tion, or who elects under subparagraph (B) to be in- 8 sured for an amount less than the maximum amount 9 provided under subparagraph (A), and who is de- 10 ployed to a combat theater of operations the mem- 11 ber— 12 ‘‘(i) shall be insured under this subchapter 13 for the maximum amount provided under sub- 14 paragraph (A) for the period of such deploy- 15 ment; and 16 ‘‘(ii) upon the end of such deployment— 17 ‘‘(I) shall be insured in the amount 18 elected by the member under subparagraph 19 (B); or 20 ‘‘(II) shall not be insured, if so elected 21 under paragraph (2)(A)’’. 22 SEC. 604. MILITARY HOUSING PRIVATIZATION INITIATIVE. 23 (a) PAYMENT AUTHORITY.—Each month beginning 24 on the first month after the date of the enactment of this 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00285 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 286 HR 5515 PCS Act, the Secretary shall pay a lessor of covered housing 1 5 percent of the amount calculated under section 2 403(b)(3)(A)(i) of title 37, United States Code, for the 3 area in which the covered housing exists. Any such pay- 4 ment shall be in addition to any other payment made by 5 the Secretary to that lessor. 6 (b) PLAN FOR MHPI HOUSING.—Not later than De- 7 cember 1, 2018, the Secretary shall submit to the congres- 8 sional defense committees a long-range plan to develop 9 measures to consistently address the future sustainment, 10 recapitalization, and financial condition of MHPI housing. 11 The plan shall include— 12 (1) efforts to mitigate the losses incurred by 13 MHPI housing projects because of the reductions to 14 BAH under section 603 of the National Defense Au- 15 thorization Act for Fiscal Year 2016 (Public Law 16 114-92; 37 U.S.C. 403(b)(3)(B)); and 17 (2) a full assessment of the effects of such re- 18 ductions (in relation to calculations of market rates 19 for rent and utilities) on the financial condition of 20 MHPI housing. 21 (c) REPORTING.—The Secretary shall direct the As- 22 sistant Secretary of Defense for Energy, Installations, and 23 Environment to take the following steps regarding reports 24 under section 2884(c) of title 10, United States Code: 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00286 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 287 HR 5515 PCS (1) Provide additional contextual information 1 on MHPI housing to identify any differences in the 2 calculation of debt coverage ratios and any effect of 3 such differences on their comparability. 4 (2) Immediately resume issuing such reports on 5 the financial condition of MHPI housing. 6 (3) Revise Department of Defense guidance on 7 MHPI housing— 8 (A) to ensure that relevant financial data 9 (such as debt coverage ratios) in such reports 10 are consistent and comparable in terms of the 11 time periods of the data collected; 12 (B) to include a requirement that the sec- 13 retary of each military department includes 14 measures of future sustainment into each as- 15 sessments of MHPI housing projects; and 16 (C) to require the secretary of each mili- 17 tary department to define risk tolerance regard- 18 ing the future sustainability of MHPI housing 19 projects. 20 (4) Report financial information on future 21 sustainment of each MHPI housing project in such 22 reports. 23 (5) Provide Department of Defense guidance to 24 the secretaries of the military departments to— 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00287 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 288 HR 5515 PCS (A) assess the significance of the specific 1 risks to individual MHPI housing projects from 2 the reduction in BAH; and 3 (B) identify methods to mitigate such risks 4 based on their significance. 5 (6) Not later than December 1, 2018, finalize 6 Department of Defense guidance that clearly de- 7 fines— 8 (A) the circumstances in which the mili- 9 tary departments shall provide notification of 10 housing project changes to the congressional de- 11 fense committees; and 12 (B) which types of such changes require 13 prior notification to or prior approval from the 14 congressional defense committees. 15 (d) DEFINITIONS.—In this section: 16 (1) The term ‘‘BAH’’ means the basic allow- 17 ance for housing under section 403 of title 37, 18 United States Code. 19 (2) The term ‘‘covered housing’’ means a unit 20 of MHPI housing that is leased to a member of a 21 uniformed service who resides in such unit. 22 (3) The term ‘‘MHPI housing’’ means housing 23 acquired or constructed under the alternative au- 24 thority of subchapter IV of chapter 169 of title 10, 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00288 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 289 HR 5515 PCS United States Code (known as the Military Housing 1 Privatization Initiative). 2 SEC. 605. PER DIEM ALLOWANCE POLICIES. 3 (a) POLICY AND REGULATIONS.— 4 (1) EXISTING POLICY AND REGULATIONS.—The 5 Secretary of each military department may not im- 6 plement the policy in the memorandum dated Octo- 7 ber 1, 2014, titled ‘‘UTD/CTS for MAP 118-13/ 8 CAP 118-13 – Flat Rate Per Diem for Long Term 9 TDY’’, regarding per diem allowances, or any regu- 10 lations prescribed pursuant to such memorandum, 11 on or after the date of the enactment of this Act. 12 (2) FUTURE POLICY AND REGULATIONS.—(A) 13 The Secretary of each military department con- 14 cerned may not implement a new policy regarding 15 per diem allowances under section 474 of title 37, 16 United States Code, until after the Secretary of De- 17 fense issues the report under subsection (b). 18 (B) The Secretary of the military department 19 concerned shall notify the appropriate congressional 20 committees not less than 60 days before imple- 21 menting a new policy regarding per diem allowances 22 under section 474 of title 37, United States Code. 23 (b) REPORT.—Not later than 180 days after the date 24 of the enactment of this Act, the Secretary of Defense 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00289 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 290 HR 5515 PCS shall issue a report to the appropriate congressional com- 1 mittees regarding options to reduce travel costs incurred 2 by the Department of Defense, including the adoption of 3 practices used by private entities. 4 (c) APPROPRIATE CONGRESSIONAL COMMITTEES.— 5 In this section, the term ‘‘appropriate congressional com- 6 mittees’’ means the congressional defense committees, the 7 Committee on Homeland Security and Governmental Af- 8 fairs of the Senate, and the Committee on Oversight and 9 Government Reform of the House of Representatives. 10 SEC. 606. REPORT ON IMMINENT DANGER PAY AND HOS- 11 TILE FIRE PAY. 12 (a) REPORT REQUIRED.—Not later than March 1, 13 2019, the Secretary of Defense shall submit to the Com- 14 mittees on Armed Services of the Senate and the House 15 of Representatives a report examining the current proc- 16 esses for awarding imminent danger pay and hostile fire 17 pay to members of the Armed Forces. 18 (b) ELEMENTS.—This report under this section shall 19 include the following: 20 (1) An analysis of difficulties in implementing 21 the current system. 22 (2) An explanation of how geographic regions 23 are selected to be eligible for such pay and the cri- 24 teria used to define these regions. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00290 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 291 HR 5515 PCS (3) An examination of whether the current geo- 1 graphic model is the most appropriate way to award 2 such pay, including the following: 3 (A) A discussion of whether the current 4 model most accurately reflects the realities of 5 modern warfare and is responsive enough to the 6 needs of members. 7 (B) Whether the Secretary believes it 8 would be appropriate to tie such pay to specific 9 authorizations for deployments (including de- 10 ployments of special operations forces) in addi- 11 tion to geographic criteria. 12 (C) A description of any change the Sec- 13 retary would consider to update such pay to re- 14 flect the current operational environment. 15 (D) How the Secretary would implement 16 each change under subparagraph (C). 17 (E) Recommendations of the Secretary for 18 related regulations or legislative action. 19 SEC. 607. SENSE OF CONGRESS REGARDING THE WIDOWS’ 20 TAX. 21 It is the sense of Congress that— 22 (1) section 621 of the National Defense Author- 23 ization Act for Fiscal Year 2018 (Public Law 115– 24 91) amended section 1450(m) of title 10, United 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00291 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 292 HR 5515 PCS States Code, to make permanent the special survivor 1 indemnity allowance; 2 (2) under the special survivor indemnity allow- 3 ance, surviving spouses and dependent children of 4 members who die of a service-connected cause will 5 not be subject to a full offset of survivor benefit plan 6 payments by dependency and indemnity compensa- 7 tion, commonly referred to as the ‘‘widows’ tax’’; 8 and 9 (3) while the special survivor indemnity allow- 10 ance alleviates the gap in benefits, the whole Con- 11 gress must work together to find a way to eliminate 12 the widows’ tax entirely. 13 SEC. 608. REEVALUATION OF BAH FOR THE MILITARY 14 HOUSING AREA INCLUDING STATEN ISLAND. 15 Not later than 90 days after the date of the enact- 16 ment of this Act, the Secretary of Defense, using the most 17 recent data available to the Secretary, shall reevaluate the 18 basic housing allowance prescribed under section 403(b) 19 of title 37, United States Code, for the military housing 20 area that includes Staten Island, New York. 21 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00292 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 293 HR 5515 PCS SEC. 609. COMPENSATION AND CREDIT FOR RETIRED PAY 1 PURPOSES FOR MATERNITY LEAVE TAKEN 2 BY MEMBERS OF THE RESERVE COMPO- 3 NENTS. 4 (a) COMPENSATION.—Section 206(a) of title 37, 5 United States Code, is amended— 6 (1) in paragraph (2), by striking ‘‘or’’ at the 7 end; 8 (2) in paragraph (3), by striking the period at 9 the end and inserting ‘‘; or’’; and 10 (3) by adding the end the following new para- 11 graph: 12 ‘‘(4) for each of 6 days in connection with the 13 taking by the member of a period of maternity 14 leave.’’. 15 (b) CREDIT FOR RETIRED PAY PURPOSES.— 16 (1) IN GENERAL.—The period of maternity 17 leave taken by a member of the reserve components 18 of the Armed Forces in connection with the birth of 19 a child shall count toward the member’s entitlement 20 to retired pay, and in connection with the years of 21 service used in computing retired pay, under chapter 22 1223 of title 10, United States Code, as 12 points. 23 (2) SEPARATE CREDIT FOR EACH PERIOD OF 24 LEAVE.—Separate crediting of points shall accrue to 25 a member pursuant to this subsection for each pe- 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00293 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 294 HR 5515 PCS riod of maternity leave taken by the member in con- 1 nection with a childbirth event. 2 (3) WHEN CREDITED.—Points credited a mem- 3 ber for a period of maternity leave pursuant to this 4 subsection shall be credited in the year in which the 5 period of maternity leave concerned commences. 6 (4) CONTRIBUTION OF LEAVE TOWARD ENTI- 7 TLEMENT TO RETIRED PAY.—Section 12732(a)(2) of 8 title 10, United States Code, is amended by insert- 9 ing after subparagraph (E) the following new sub- 10 paragraph: 11 ‘‘(F) Points at the rate of 12 a year for the 12 taking of maternity leave.’’. 13 (5) COMPUTATION OF YEARS OF SERVICE FOR 14 RETIRED PAY.—Section 12733 of such title is 15 amended— 16 (A) by redesignating paragraph (5) as 17 paragraph (6); and 18 (B) by inserting after paragraph (4) the 19 following new paragraph (5): 20 ‘‘(5) One day for each point credited to the per- 21 son under subparagraph (F) of section 12732(a)(2) 22 of this title.’’. 23 (c) EFFECTIVE DATE.—This section and the amend- 24 ments made by this section shall take effect on the date 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00294 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 295 HR 5515 PCS of the enactment of this Act, and shall apply with respect 1 to periods of maternity leave that commence on or after 2 that date. 3 Subtitle B—Bonuses and Special 4 Incentive Pays 5 SEC. 611. ONE-YEAR EXTENSION OF CERTAIN EXPIRING 6 BONUS AND SPECIAL PAY AUTHORITIES. 7 (a) AUTHORITIES RELATING TO RESERVE 8 FORCES.—Section 910(g) of title 37, United States Code, 9 relating to income replacement payments for reserve com- 10 ponent members experiencing extended and frequent mo- 11 bilization for active duty service, is amended by striking 12 ‘‘December 31, 2018’’ and inserting ‘‘December 31, 13 2019’’. 14 (b) TITLE 10 AUTHORITIES RELATING TO HEALTH 15 CARE PROFESSIONALS.—The following sections of title 16 10, United States Code, are amended by striking ‘‘Decem- 17 ber 31, 2018’’ and inserting ‘‘December 31, 2019’’: 18 (1) Section 2130a(a)(1), relating to nurse offi- 19 cer candidate accession program. 20 (2) Section 16302(d), relating to repayment of 21 education loans for certain health professionals who 22 serve in the Selected Reserve. 23 (c) AUTHORITIES RELATING TO NUCLEAR OFFI- 24 CERS.—Section 333(i) of title 37, United States Code, is 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00295 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 296 HR 5515 PCS amended by striking ‘‘December 31, 2018’’ and inserting 1 ‘‘December 31, 2019’’. 2 (d) AUTHORITIES RELATING TO TITLE 37 CONSOLI- 3 DATED SPECIAL PAY, INCENTIVE PAY, AND BONUS AU- 4 THORITIES.—The following sections of title 37, United 5 States Code, are amended by striking ‘‘December 31, 6 2018’’ and inserting ‘‘December 31, 2019’’: 7 (1) Section 331(h), relating to general bonus 8 authority for enlisted members. 9 (2) Section 332(g), relating to general bonus 10 authority for officers. 11 (3) Section 334(i), relating to special aviation 12 incentive pay and bonus authorities for officers. 13 (4) Section 335(k), relating to special bonus 14 and incentive pay authorities for officers in health 15 professions. 16 (5) Section 336(g), relating to contracting 17 bonus for cadets and midshipmen enrolled in the 18 Senior Reserve Officers’ Training Corps. 19 (6) Section 351(h), relating to hazardous duty 20 pay. 21 (7) Section 352(g), relating to assignment pay 22 or special duty pay. 23 (8) Section 353(i), relating to skill incentive 24 pay or proficiency bonus. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00296 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 297 HR 5515 PCS (9) Section 355(h), relating to retention incen- 1 tives for members qualified in critical military skills 2 or assigned to high priority units. 3 (e) AUTHORITY TO PROVIDE TEMPORARY INCREASE 4 IN RATES OF BASIC ALLOWANCE FOR HOUSING.—Section 5 403(b)(7)(E) of title 37, United States Code, is amended 6 by striking ‘‘December 31, 2018’’ and inserting ‘‘Decem- 7 ber 31, 2019’’. 8 Subtitle C—Other Matters 9 SEC. 621. EXPANSIONS OF INSTALLATION BENEFITS TO 10 SURVIVING SPOUSES, DEPENDENT CHIL- 11 DREN, AND OTHER NEXT OF KIN. 12 (a) ISSUANCE OF GOLD STAR INSTALLATION ACCESS 13 CARDS.— 14 (1) ISSUANCE AND CONDITIONS ON USE.— 15 (A) IN GENERAL.—Chapter 57 of title 10, 16 United States Code, is amended by inserting 17 after section 1126 the following new section: 18 ‘‘§ 1126a. Gold Star Installation Access Card: issuance 19 and protections 20 ‘‘(a) ISSUANCE TO GOLD STAR SURVIVING SPOUSE 21 AND DEPENDENT CHILDREN OF DECEASED MEMBER RE- 22 QUIRED.—The Secretary concerned shall provide for the 23 issuance of a standardized Gold Star Installation Access 24 Card to the widow and dependent children of a deceased 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00297 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 298 HR 5515 PCS member of the armed forces described in section 1126(a) 1 of this title to facilitate their ability to gain unescorted 2 access to military installations for the purpose of attend- 3 ing memorial events, visiting gravesites, and obtaining the 4 on-installation services and benefits to which they are enti- 5 tled or eligible. 6 ‘‘(b) ISSUANCE TO OTHER NEXT OF KIN AUTHOR- 7 IZED.—At the discretion of the Secretary concerned, the 8 Secretary concerned may provide the Gold Star Installa- 9 tion Access Card to the parents and other next of kin of 10 a deceased member of the armed forces described in sec- 11 tion 1126(a) of this title. 12 ‘‘(c) SERVICE-WIDE ACCEPTANCE OF ACCESS 13 CARD.—The Secretaries concerned shall work together to 14 ensure that a Gold Star Installation Access Card issued 15 by one armed force is accepted for access to military in- 16 stallations under the jurisdiction of another armed force. 17 ‘‘(d) PROTECTION OF INSTALLATION SECURITY.—In 18 developing, issuing, and accepting the Gold Star Installa- 19 tion Access Card, the Secretary concerned may take such 20 measures as the Secretary concerned considers nec- 21 essary— 22 ‘‘(1) to prevent fraud in the procurement or use 23 of the Gold Star Installation Access Card; 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00298 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 299 HR 5515 PCS ‘‘(2) to limit installation access to those areas 1 of the installation that provide the services and ben- 2 efits for which the recipient of the Gold Star Instal- 3 lation Access Card is entitled or eligible; and 4 ‘‘(3) to ensure that the availability and use of 5 the Gold Star Installation Access Card does not ad- 6 versely affect military installation security. 7 ‘‘(e) TERMINATION.—The Gold Star Installation Ac- 8 cess Card for the widow and dependent children of a de- 9 ceased member of the armed forces shall remain valid for 10 the life of the widow or child, regardless of subsequent 11 marital status of the widow, subject to periodic renewal 12 as determined by the Secretary concerned to ensure mili- 13 tary installation security.’’. 14 (B) CLERICAL AMENDMENT.—The table of 15 sections at the beginning of chapter 57 of title 16 10, United States Code, is amended by insert- 17 ing after the item relating to section 1126 the 18 following new item: 19 ‘‘1126a. Gold Star Installation Access Card: issuance and protections.’’. (2) APPLICABILITY OF CURRENT DEFINI- 20 TIONS.—Section 1126(d) of title 10, United States 21 Code is amended by striking the matter preceding 22 paragraph (1) and inserting the following: ‘‘In this 23 section and section 1126a of this title:’’. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00299 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 300 HR 5515 PCS (b) EXTENSION OF COMMISSARY AND EXCHANGE 1 BENEFITS FOR REMARRIED SPOUSES WITH DEPENDENT 2 CHILDREN.— 3 (1) BENEFITS.—Section 1062 of title 10, 4 United States Code, is amended— 5 (A) by striking ‘‘The Secretary of De- 6 fense’’ and inserting the following: 7 ‘‘(a) CERTAIN UNREMARRIED FORMER SPOUSES.— 8 The Secretary of Defense’’; and 9 (B) by adding at the end the following new 10 subsection: 11 ‘‘(b) CERTAIN REMARRIED SURVIVING SPOUSES.— 12 The Secretary of Defense shall prescribe such regulations 13 as may be necessary to provide that a surviving spouse 14 of a deceased member of the armed forces, regardless of 15 the marital status of the surviving spouse, who has guard- 16 ianship of dependent children of the deceased member is 17 entitled to use commissary stores and MWR retail facili- 18 ties to the same extent and on the same basis as the 19 unremarried surviving spouse of a member of the uni- 20 formed services.’’. 21 (2) CONFORMING AMENDMENTS.—Section 1062 22 of title 10, United States Code, is further amend- 23 ed— 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00300 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 301 HR 5515 PCS (A) by striking ‘‘commissary and exchange 1 privileges’’ and inserting ‘‘use commissary 2 stores and MWR retail facilities’’; and 3 (B) by adding at the end the following new 4 subsection: 5 ‘‘(c) MWR RETAIL FACILITIES.—The term ‘MWR 6 retail facilities’ has the meaning given that term in section 7 1063(e) of this title.’’. 8 (3) CLERICAL AMENDMENTS.— 9 (A) SECTION HEADING.—The heading of 10 section 1062 of title 10, United States Code, is 11 amended to read as follows: 12 ‘‘§ 1062. Certain former spouses and surviving 13 spouses’’. 14 (B) TABLE OF SECTIONS.—The table of 15 sections at the beginning of chapter 54 of title 16 10, United States Code, is amended by striking 17 the item relating to section 1062 and inserting 18 the following new item: 19 ‘‘1062. Certain former spouses and surviving spouses.’’. SEC. 622. TRANSPORTATION ON MILITARY AIRCRAFT ON A 20 SPACE-AVAILABLE BASIS FOR DISABLED VET- 21 ERANS WITH A SERVICE-CONNECTED, PER- 22 MANENT DISABILITY RATED AS TOTAL. 23 (a) AVAILABILITY OF TRANSPORTATION.—Section 24 2641b of title 10, United States Code, is amended— 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00301 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 302 HR 5515 PCS (1) by redesignating subsection (f) as sub- 1 section (g); and 2 (2) by inserting after subsection (e) the fol- 3 lowing new subsection (f): 4 ‘‘(f) SPECIAL PRIORITY FOR CERTAIN DISABLED 5 VETERANS.—(1) The Secretary of Defense shall provide 6 transportation on scheduled and unscheduled military 7 flights within the continental United States and on sched- 8 uled overseas flights operated by the Air Mobility Com- 9 mand on a space-available basis for any veteran with a 10 service-connected, permanent disability rated as total on 11 the same basis as such transportation is provided to mem- 12 bers of the armed forces entitled to retired or retainer pay. 13 ‘‘(2) The transportation priority required by para- 14 graph (1) for veterans described in such paragraph applies 15 whether or not the Secretary establishes the travel pro- 16 gram authorized by this section. 17 ‘‘(3) In this subsection, the terms ‘veteran’ and ‘serv- 18 ice-connected’ have the meanings given those terms in sec- 19 tion 101 of title 38.’’. 20 (b) EFFECTIVE DATE.—Subsection (f) of section 21 2641b of title 10, United States Code, as added by sub- 22 section (a), shall take effect at the end of the 90-day pe- 23 riod beginning on the date of the enactment of this Act. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00302 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 303 HR 5515 PCS SEC. 623. EXTENSION OF PARKING EXPENSES ALLOWANCE 1 TO CIVILIAN EMPLOYEES AT RECRUITING FA- 2 CILITIES. 3 Section 481i(b)(1) of title 37, United States Code, 4 is amended by striking ‘‘as a recruiter for any’’ and insert- 5 ing ‘‘at a recruiting facility’’. 6 SEC. 624. ADVISORY BOARDS REGARDING MILITARY COM- 7 MISSARIES AND EXCHANGES. 8 The Secretary of Defense shall direct each com- 9 manding officer of a military base on which there is a mili- 10 tary commissary or exchange to establish an advisory 11 board, comprised of representatives of military or veterans 12 service organizations, to advise the commanding officer re- 13 garding the interests of patrons and beneficiaries of mili- 14 tary commissaries and exchanges. 15 SEC. 625. STUDY AND REPORT ON DEVELOPMENT OF A SIN- 16 GLE DEFENSE RESALE SYSTEM. 17 (a) STUDY.—The Secretary of Defense shall conduct 18 a study to determine the feasibility of consolidating the 19 military resale entities into a single defense resale system. 20 Such study shall include the following: 21 (1) A financial assessment of consolidation of 22 the military resale entities. 23 (2) A business case analysis of consolidation of 24 the military resale entities. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00303 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 304 HR 5515 PCS (3) Organizational, operational, and business 1 model integration plans for consolidation of the mili- 2 tary resale entities. 3 (4) Determinations of which back-office proc- 4 esses and systems associated with finance and pay- 5 ment processing technologies the Secretary could 6 convert to common technologies. 7 (b) REPORT.—Not later than January 1, 2019, the 8 Secretary shall submit a report to the congressional de- 9 fense committees regarding the study under subsection 10 (a). That report shall contain the following: 11 (1) Details of the internal and external organi- 12 zational structures of a consolidated defense resale 13 system. 14 (2) Recommendations of the Secretaries of each 15 of the military departments regarding the plan to 16 consolidate the military resale entities. 17 (3) The costs and associated plan for the merg- 18 er of technologies or implementation of new tech- 19 nology from a third-party provider to standardize fi- 20 nancial management and accounting processes of a 21 consolidated defense resale system. 22 (4) Best practices to maximize reductions in 23 costs associated with back-office retail payment 24 processing for a consolidated defense resale system. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00304 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 305 HR 5515 PCS (5) A timeline for converting the Defense Com- 1 missary Agency into a non-appropriated fund instru- 2 mentality under section 2484(j) of title 10, United 3 States Code. 4 (6) A determination whether the business case 5 analysis supports consolidation of the military resale 6 entities. 7 (7) Recommendations of the Secretary for legis- 8 lation related to consolidation of the military resale 9 entities. 10 (8) Other elements the Secretary determines 11 are necessary for a successful evaluation of a con- 12 solidation of the military resale entities. 13 (c) PROHIBITION ON USE OF FUNDS.—None of the 14 amounts authorized to be appropriated or otherwise made 15 available in this Act may be obligated or expended for the 16 purpose of implementing consolidation of the military re- 17 sale entities until October 1, 2019. 18 (d) MILITARY RESALE ENTITIES DEFINED.—In this 19 section the term ‘‘military resale entities’’ means— 20 (1) the Defense Commissary Agency; 21 (2) the Army and Air Force Exchange Service; 22 (3) the Navy Exchange; and 23 (4) the Marine Corps Exchange. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00305 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 306 HR 5515 PCS SEC. 626. DESIGNATION OF NEW BENEFICIARY UNDER THE 1 SURVIVOR BENEFIT PLAN. 2 Section 1448(b)(1) of title 10, United States Code, 3 is amended by adding at the end the following new sub- 4 paragraph (H): 5 ‘‘(H) ELECTION OF NEW BENEFICIARY BY 6 TERMINALLY ILL PARTICIPANT.— 7 ‘‘(i) AUTHORITY FOR ELECTION.—A 8 participant in the Plan may elect a new 9 beneficiary if the Secretary concerned de- 10 termines that the participant is terminally 11 ill. Any such beneficiary must be a natural 12 person with an insurable interest in the 13 participant. 14 ‘‘(ii) PROCEDURES.—Such an election 15 shall be in writing, signed by the partici- 16 pant, and made in such form and manner 17 as the Secretary concerned may prescribe. 18 Such an election shall be effective the first 19 day of the first month following the month 20 in which the election is received by the 21 Secretary.’’. 22 SEC. 627. REPORT REGARDING MANAGEMENT OF MILITARY 23 COMMISSARIES AND EXCHANGES. 24 (a) REPORT REQUIRED.—Not later than 180 days 25 after the date of the enactment of this Act, the Secretary 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00306 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 307 HR 5515 PCS of Defense shall submit to the congressional defense com- 1 mittees a report regarding management practices of mili- 2 tary commissaries and exchanges. 3 (b) ELEMENTS.—The report required under this sec- 4 tion shall include a cost-benefit analysis with the goals 5 of— 6 (1) reducing the costs of operating military 7 commissaries and exchanges by $2,000,000,000 dur- 8 ing fiscal years 2019 through 2023; and 9 (2) not raising costs for patrons of military 10 commissaries and exchanges. 11 SEC. 628. ACCESS FOR VETERANS TO CERTAIN FITNESS 12 CENTERS. 13 (a) IN GENERAL.—Chapter 152 of title 10, United 14 States Code, is amended by adding at the end the fol- 15 lowing new section: 16 ‘‘SEC. 2569. FITNESS CENTERS: ACCESS FOR VETERANS. 17 ‘‘(a) IN GENERAL.—Subject to subsection (b), the 18 Secretary of a military department may grant veterans ac- 19 cess to a fitness center that— 20 ‘‘(1) is under the jurisdiction of such Secretary; 21 and 22 ‘‘(2) is operated by a geographically separated 23 unit that is located not less than 100 miles from the 24 supporting base of such unit. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00307 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 308 HR 5515 PCS ‘‘(b) FACTORS FOR CONSIDERATION.—In deter- 1 mining whether to grant veterans access to a fitness center 2 under subsection (a), the Secretary concerned shall con- 3 sider— 4 ‘‘(1) whether the commander who oversees the 5 fitness center has determined— 6 ‘‘(A) that such fitness center has the ca- 7 pacity and infrastructure required to support 8 veterans; and 9 ‘‘(B) that granting veterans such access 10 would not impede the readiness of members of 11 the armed forces on active duty who use the fit- 12 ness center; 13 ‘‘(2) the effect that granting veterans such ac- 14 cess would have on the operating and maintenance 15 expenses of the fitness center; and 16 ‘‘(3) any additional criteria determined by the 17 Secretary concerned. 18 ‘‘(c) DEFINITION.—In this section, the term ‘veteran’ 19 has the meaning given such term in section 101 of title 20 38.’’. 21 (b) CLERICAL AMENDMENT.—The table of sections 22 at the beginning of such chapter is amended by adding 23 at the end the following: 24 ‘‘2569. Fitness centers: access for veterans.’’. VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00308 Fmt 6652 Sfmt 6211 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 309 HR 5515 PCS SEC. 629. EXTENSION OF CERTAIN MORALE, WELFARE, AND 1 RECREATION PRIVILEGES TO CERTAIN VET- 2 ERANS AND THEIR CAREGIVERS. 3 (a) SHORT TITLE.—This section may be cited as the 4 ‘‘Purple Heart and Disabled Veterans Equal Access Act 5 of 2018’’. 6 (b) FINDINGS.—Congress finds the following: 7 (1) In 2017, the Secretary of Defense deter- 8 mined that the addition of new patron categories to 9 the commissary and exchange systems would support 10 the growth of a robust customer base and help en- 11 sure the ability of both systems to provide benefits 12 to members of the Armed Forces and their families. 13 (2) The Secretary previously opposed extending 14 commissary and exchange privileges to large patron 15 groups such as disabled veterans. 16 (3) In January 2017, the Secretary of Defense 17 approved limited online exchange shopping privileges 18 for all veterans, effective November 11, 2017. 19 (4) The Secretary determined that current pa- 20 trons of exchanges did not perceive the extension of 21 such privileges as diluting the benefit for members 22 of the Armed Forces. 23 (5) The Purple Heart is the oldest military 24 decoration, awarded to members of the Armed 25 Forces who have been wounded or died in combat, 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00309 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 310 HR 5515 PCS fighting for the United States. Since the modern in- 1 carnation of the award was established in 1932, ap- 2 proximately 1,800,000 members of the Armed 3 Forces have been awarded the Purple Heart. 4 (c) COMMISSARY STORES AND MWR FACILITIES 5 PRIVILEGES FOR CERTAIN VETERANS AND VETERAN 6 CAREGIVERS.— 7 (1) EXTENSION OF PRIVILEGES.—Chapter 54 8 of title 10, United States Code, is amended by add- 9 ing at the end the following new section: 10 ‘‘§ 1065. Use of commissary stores and MWR facilities: 11 certain veterans and caregivers for vet- 12 erans 13 ‘‘(a) ELIGIBILITY OF VETERANS AWARDED THE 14 PURPLE HEART.—A veteran who was awarded the Purple 15 Heart shall be permitted to use commissary stores and 16 MWR facilities on the same basis as a member of the 17 armed forces entitled to retired or retainer pay. 18 ‘‘(b) ELIGIBILITY OF VETERANS WHO ARE MEDAL 19 OF HONOR RECIPIENTS.—A veteran who is a Medal of 20 Honor recipient shall be permitted to use commissary 21 stores and MWR facilities on the same basis as a member 22 of the armed forces entitled to retired or retainer pay. 23 ‘‘(c) ELIGIBILITY OF VETERANS WHO ARE FORMER 24 PRISONERS OF WAR.—A veteran who is a former prisoner 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00310 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 311 HR 5515 PCS of war shall be permitted to use commissary stores and 1 MWR facilities on the same basis as a member of the 2 armed forces entitled to retired or retainer pay. 3 ‘‘(d) ELIGIBILITY OF VETERANS WITH SERVICE- 4 CONNECTED DISABILITIES.—A veteran with a service- 5 connected disability shall be permitted to use commissary 6 stores and MWR facilities on the same basis as a member 7 of the armed forces entitled to retired or retainer pay. 8 ‘‘(e) ELIGIBILITY OF CAREGIVERS FOR VETERANS.— 9 A caregiver or family caregiver shall be permitted to use 10 commissary stores and MWR facilities on the same basis 11 as a member of the armed forces entitled to retired or 12 retainer pay. 13 ‘‘(f) USER FEE AUTHORITY.—(1) The Secretary of 14 Defense shall prescribe regulations that impose a user fee 15 on individuals who are eligible solely under this section 16 to purchase merchandise at a commissary store or MWR 17 retail facility. 18 ‘‘(2) The Secretary shall set the user fee under this 19 subsection at a rate that the Secretary determines will off- 20 set any increase in expenses arising from this section 21 borne by the Department of the Treasury on behalf of 22 commissary stores associated with the use of credit or 23 debit cards for customer purchases, including expenses re- 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00311 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 312 HR 5515 PCS lated to card network use and related transaction proc- 1 essing fees. 2 ‘‘(3) The Secretary shall deposit funds collected pur- 3 suant to a user fee under this subsection in the General 4 Fund of the Treasury. 5 ‘‘(4) Any fee under this subsection is in addition to 6 the uniform surcharge under section 2484(d) of this title. 7 ‘‘(g) DEFINITIONS.—In this section: 8 ‘‘(1) The term ‘MWR facilities’ includes— 9 ‘‘(A) MWR retail facilities, as that term is 10 defined in section 1063(e) of this title; and 11 ‘‘(B) military lodging operated by the De- 12 partment of Defense for the morale, welfare, 13 and recreation of members of the armed forces. 14 ‘‘(2) The term ‘Medal of Honor recipient’ has 15 the meaning given that term in section 1074h(c) of 16 this title. 17 ‘‘(3) The terms ‘veteran’, ‘former prisoner of 18 war’, and ‘service-connected’ have the meanings 19 given those terms in section 101 of title 38. 20 ‘‘(4) The terms ‘caregiver’ and ‘family care- 21 giver’ have the meanings given those terms in sec- 22 tion in section 1720G(d) of title 38.’’. 23 (2) CLERICAL AMENDMENT.—The table of sec- 24 tions at the beginning of chapter 54 of title 10, 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00312 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 313 HR 5515 PCS United States Code, is amended by adding at the 1 end the following new item: 2 ‘‘1065. Use of commissary stores and MWR facilities: certain veterans and care- givers for veterans.’’. (3) EFFECTIVE DATE.—Section 1065 of title 3 10, United States Code, as added by paragraph (1), 4 shall take effect at the end of the 90-day period be- 5 ginning on the date of the enactment of this Act. 6 (d) AUTHORIZATION OF APPROPRIATION FOR UP- 7 DATING EPACS FOR MILITARY COMMISSARIES.—There is 8 hereby authorized to be appropriated, out of any funds 9 in the Treasury not otherwise appropriated, $500,000 to 10 the Secretary of Defense for the purpose of updating the 11 electronic physical access control system used by military 12 commissaries and exchanges so that the system may rec- 13 ognize and accept veteran health identification cards. 14 (e) SENSE OF CONGRESS REGARDING INDIVIDUALS 15 AWARDED THE PURPLE HEART.—It is the sense of Con- 16 gress that the Secretary of Defense, in coordination with 17 the Secretary of Veterans Affairs, should maintain a list 18 of all individuals awarded the Purple Heart. 19 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00313 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 314 HR 5515 PCS TITLE VII—HEALTH CARE 1 PROVISIONS 2 Subtitle A—TRICARE and Other 3 Health Care Benefits 4 SEC. 701. TRICARE MEDICARE ADVANTAGE DEMONSTRA- 5 TION PROGRAM. 6 (a) ESTABLISHMENT.— 7 (1) IN GENERAL.—Not later than 2 years after 8 the date of the enactment of this Act, the Secretary 9 of Defense, in consultation with the Secretary of 10 Health and Human Services, shall carry out a dem- 11 onstration program under which, notwithstanding 12 section 1851(c)(3) of the Social Security Act (42 13 U.S.C. 1395w–21(c)(3)), each covered individual is 14 deemed, unless the individual (in accordance with a 15 process specified by the Secretaries) elects otherwise, 16 to have elected to receive benefits under title XVIII 17 of such Act (42 U.S.C. 1395 et seq.) through a par- 18 ticipating MA plan, with respect to the military 19 health system region involved, (and shall be enrolled 20 in such plan) for each plan year during which such 21 demonstration program is carried out. In carrying 22 out the demonstration program, the Secretary shall 23 ensure that a covered individual who is enrolled in 24 an MA plan in a military health system region se- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00314 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 315 HR 5515 PCS lected under paragraph (3) that is not a partici- 1 pating MA plan may remain in such non-partici- 2 pating MA plan without making an election through 3 such process specified in the previous sentence. 4 (2) DURATION.—Subject to subsection (d), the 5 demonstration program established under paragraph 6 (1) shall be carried out for a period of not less than 7 2 plan years. 8 (b) PARTICIPATING MA PLANS.— 9 (1) DEFINITION.—For purposes of this section, 10 the term ‘‘participating MA plan’’ means, with re- 11 spect to a military health system region selected 12 under paragraph (3) and a plan year beginning dur- 13 ing the period during which the demonstration 14 project is carried out, an eligible Medicare Advan- 15 tage plan that enters into a contract under para- 16 graph (2) with the Secretary of Defense to partici- 17 pate in the demonstration program under this sec- 18 tion for such plan year. 19 (2) SELECTION OF PLANS.— 20 (A) IN GENERAL.—The Secretary shall, 21 after consultation with the TRICARE managed 22 care support contractor in each military health 23 system region selected under paragraph (3) and 24 with respect to each plan year beginning the pe- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00315 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 316 HR 5515 PCS riod during which such demonstration program 1 is carried out, enter into a contract with one or 2 more eligible Medicare Advantage plans de- 3 scribed in subparagraph (B) to participate in 4 the demonstration program for such plan year, 5 with respect to such military health system re- 6 gion. Under such contract, the Medicare Advan- 7 tage organization offering such plan, with re- 8 spect to such military health system region, 9 shall agree to provide coverage under such plan 10 to all covered individuals residing in such region 11 during such plan year. 12 (B) ELIGIBLE MEDICARE ADVANTAGE 13 PLAN.—For purposes of this section, an eligible 14 Medicare Advantage plan, with respect to a 15 military health system region selected under 16 paragraph (3), is an MA plan that satisfies the 17 following conditions, with respect to a plan year 18 beginning during the period during which the 19 demonstration program is carried out: 20 (i) The Medicare Advantage organiza- 21 tion offering the plan has in effect a con- 22 tract with the Secretary of Health and 23 Human Services under section 1857 of the 24 Social Security Act (42 U.S.C. 1395w–27) 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00316 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 317 HR 5515 PCS for offering such plan to MA eligible indi- 1 viduals in such military health system re- 2 gion with respect to such plan year. 3 (ii) The plan is, or is treated as, a 4 qualifying plan under section 1853(o)(3) of 5 such Act (42 U.S.C. 1395w–23(o)(3)), 6 with respect to such plan year. 7 (3) SELECTION OF MILITARY HEALTH SYSTEM 8 REGIONS.—The Secretary shall select two military 9 health system regions in which to carry out the dem- 10 onstration program, one from each TRICARE man- 11 aged care support contractor region. Each such re- 12 gion shall have a large concentration of beneficiaries 13 eligible for TRICARE for Life. 14 (c) COSTS OF PROGRAM.— 15 (1) DEPARTMENT OF DEFENSE.—The Sec- 16 retary shall bear the costs to the Department of De- 17 fense and realize any potential savings to the De- 18 partment that result from the demonstration pro- 19 gram. 20 (2) COST NEUTRALITY.—The costs paid under 21 the demonstration program by the United States to 22 the participating Medicare Advantage plans, and the 23 costs paid by the United States pursuant to 24 TRICARE for Life, for the period of the demonstra- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00317 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 318 HR 5515 PCS tion program, with respect to covered individuals en- 1 rolled in such plans during such period, may not ex- 2 ceed the estimated costs that would have been paid 3 by the United States during such period for pro- 4 viding health care benefits to such individuals 5 through the original Medicare fee-for-service pro- 6 gram under parts A and B of title XVIII of the So- 7 cial Security Act and TRICARE for Life, as ad- 8 justed to account for the age, location, and health 9 status of the population. 10 (d) CERTIFICATIONS REQUIRED TO CARRY OUT PRO- 11 GRAM.— 12 (1) CERTIFICATIONS.—Not later than 1 year 13 after the date of the enactment of this Act, and an- 14 nually thereafter for each plan year occurring during 15 the period during which the demonstration program 16 is carried out, the Secretary shall submit to the ap- 17 propriate congressional committees a report and cer- 18 tification on the demonstration program. If the Sec- 19 retary does not submit the certification by such date 20 each year, the Secretary may not carry out the dem- 21 onstration program for the plan year or any subse- 22 quent plan year. 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00318 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 319 HR 5515 PCS (2) ELEMENTS.—Each report and certification 1 under paragraph (1), with respect to a plan year, 2 shall include the following: 3 (A) Except for the first report and certifi- 4 cation submitted under paragraph (1)— 5 (i) a certification that the demonstra- 6 tion program maintains cost neutrality 7 pursuant to subsection (c)(2); 8 (ii) the number of covered individuals 9 eligible to be enrolled in the demonstration 10 program and the number of covered indi- 11 viduals who opted out of such enrollment 12 in each participating MA plan in each such 13 region; and 14 (iii) an assessment of the number of 15 covered individuals enrolled in partici- 16 pating Medicare Advantage plans under 17 the demonstration program that have 18 reached the limit on out-of-pocket expendi- 19 tures applied under the respective plan. 20 (B) A certification that the access stand- 21 ards for the TRICARE program are met in the 22 Medicare Advantage plans selected under sub- 23 section (b)(2). 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00319 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 320 HR 5515 PCS (C) A description of the average premium 1 rates, and copayments or cost sharing, if any, 2 for each participating MA plan in each military 3 health system region selected under subsection 4 (b)(3). 5 (D) A description of the quality rating de- 6 termined under the 5-star rating system under 7 section 1853(o)(4) of the Social Security Act 8 (42 U.S.C. 1395w–23(o)(4)) for such plan year 9 for each participating MA plan. 10 (E) Any recommendations by the Secretary 11 with respect to any legislative actions to im- 12 prove the demonstration program. 13 (e) REPORT.—Not later than 3 years after the date 14 of the enactment of this Act, the Secretary shall submit 15 to the appropriate congressional committees a report pro- 16 viding a comprehensive assessment of the demonstration 17 program. 18 (f) REGULATIONS.— 19 (1) IN GENERAL.—The Secretary may prescribe 20 regulations to expeditiously implement the dem- 21 onstration program under subsection (a). 22 (2) RULEMAKING.—The Secretary shall carry 23 out paragraph (1)— 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00320 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 321 HR 5515 PCS (A) by prescribing an interim final rule; 1 and 2 (B) not later than 180 days after pre- 3 scribing such interim final rule and considering 4 public comments with respect to such interim 5 final rule, by prescribing a final rule. 6 (g) DEFINITIONS.—In this section: 7 (1) The term ‘‘appropriate congressional com- 8 mittees’’ means— 9 (A) the Committees on Armed Services, 10 Ways and Means, and Energy and Commerce 11 of the House of Representatives; and 12 (B) the Committees on Armed Services, 13 Finance, and Health, Education, Labor, and 14 Pensions of the Senate. 15 (2) The term ‘‘covered individual’’ means an in- 16 dividual who— 17 (A) is a Medicare Advantage eligible indi- 18 vidual (as defined in section 1851(a)(3) of the 19 Social Security Act (42 U.S.C. 1395w– 20 21(a)(3))); 21 (B) is enrolled in TRICARE for Life; and 22 (C) resides in a ZIP Code that is located— 23 (i) in a military health system region 24 selected under subsection (b)(3); and 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00321 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 322 HR 5515 PCS (ii) at least 40 miles from a military 1 medical center or a military hospital de- 2 scribed in subsections (b) and (c) of sec- 3 tion 1073d of title 10, United States Code. 4 (3) The term ‘‘Medicare Advantage organiza- 5 tion’’ has the meaning given that term in section 6 1859 of the Social Security Act (42 U.S.C. 1395w– 7 28). 8 (4) The term ‘‘Medicare Advantage plan’’ 9 means a health plan under part C of title XVIII of 10 the Social Security Act (42 U.S.C. 1395w–21 et 11 seq.). 12 (5) The term ‘‘plan year’’ has the meaning 13 given such term for purposes of such part. 14 (6) The term ‘‘Secretary’’ means the Secretary 15 of Defense. 16 (7) The terms ‘‘TRICARE program’’ and 17 ‘‘TRICARE for Life’’ have the meanings given those 18 terms in section 1072 of title 10, United States 19 Code. 20 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00322 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 323 HR 5515 PCS SEC. 702. PILOT PROGRAM ON TREATMENT OF MEMBERS 1 OF THE ARMED FORCES FOR POST-TRAU- 2 MATIC STRESS DISORDER RELATED TO MILI- 3 TARY SEXUAL TRAUMA. 4 (a) IN GENERAL.—The Secretary of Defense may 5 carry out a pilot program to assess the feasibility and ad- 6 visability of using intensive outpatient programs to treat 7 members of the Armed Forces suffering from post-trau- 8 matic stress disorder resulting from military sexual trau- 9 ma, including treatment for substance abuse, depression, 10 and other issues related to such conditions. 11 (b) DISCHARGE THROUGH PARTNERSHIPS.—The 12 pilot program authorized by subsection (a) shall be carried 13 out through partnerships with public, private, and non- 14 profit health care organizations, universities, and institu- 15 tions that— 16 (1) provide health care to members of the 17 Armed Forces; 18 (2) provide evidence-based treatment for psy- 19 chological and neurological conditions that are com- 20 mon among members of the Armed Forces, includ- 21 ing post-traumatic stress disorder, traumatic brain 22 injury, substance abuse, and depression; 23 (3) provide health care, support, and other ben- 24 efits to family members of members of the Armed 25 Forces; and 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00323 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 324 HR 5515 PCS (4) provide health care under the TRICARE 1 program (as that term is defined in section 1072 of 2 title 10, United States Code). 3 (c) PROGRAM ACTIVITIES.—Each organization or in- 4 stitution that participates in a partnership under the pilot 5 program authorized by subsection (a) shall— 6 (1) carry out intensive outpatient programs of 7 short duration to treat members of the Armed 8 Forces suffering from post-traumatic stress disorder 9 resulting from military sexual trauma, including 10 treatment for substance abuse, depression, and other 11 issues related to such conditions; 12 (2) use evidence-based and evidence-informed 13 treatment strategies in carrying out such programs; 14 (3) share clinical and outreach best practices 15 with other organizations and institutions partici- 16 pating in the pilot program; and 17 (4) annually assess outcomes for members of 18 the Armed Forces individually and among the orga- 19 nizations and institutions participating in the pilot 20 program with respect to the treatment of conditions 21 described in paragraph (1). 22 (d) EVALUATION METRICS.—Before commencement 23 of the pilot program, the Secretary shall establish metrics 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00324 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 325 HR 5515 PCS to be used to evaluate the effectiveness of the pilot pro- 1 gram and the activities under the pilot program. 2 (e) REPORTS.— 3 (1) INITIAL REPORT.—Not later than 180 days 4 after the date of the enactment of this Act, the Sec- 5 retary shall submit to the Committees on Armed 6 Services of the Senate and the House of Representa- 7 tives a report on the pilot program authorized by 8 subsection (a). The report shall include a description 9 of the pilot program and such other matters on the 10 pilot program as the Secretary considers appro- 11 priate. 12 (2) FINAL REPORT.—Not later than 180 days 13 after the cessation of the pilot program under sub- 14 section (f), the Secretary shall submit to the com- 15 mittees of Congress referred to in paragraph (1) a 16 report on the pilot program. The report shall include 17 the following: 18 (A) A description of the pilot program, in- 19 cluding the partnership under the pilot program 20 as described in subsection (b). 21 (B) An assessment of the effectiveness of 22 the pilot program and the activities under the 23 pilot program. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00325 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 326 HR 5515 PCS (C) Such recommendations for legislative 1 or administrative action as the Secretary con- 2 siders appropriate in light of the pilot program, 3 including recommendations for extension or 4 making permanent the authority for the pilot 5 program. 6 (f) TERMINATION.—The Secretary may not carry out 7 the pilot program authorized by subsection (a) after the 8 date that is three years after the date of the enactment 9 of this Act. 10 SEC. 703. PILOT PROGRAM ON CRYOPRESERVATION AND 11 STORAGE. 12 (a) IN GENERAL.—The Secretary of Defense shall es- 13 tablish a pilot program to provide not greater than 1,000 14 members of the Armed Forces on active duty in the Armed 15 Forces with the opportunity to cryopreserve and store 16 their gametes prior to deployment to a combat zone. 17 (b) PERIOD OF TIME.— 18 (1) IN GENERAL.—The Secretary shall provide 19 for the cryopreservation and storage of gametes of 20 a participating member of the Armed Forces under 21 subsection (a), at no cost to the member, in a facil- 22 ity of the Department of Defense or of a private en- 23 tity pursuant to a contract under subsection (d) 24 until the date that is one year after the retirement, 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00326 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 327 HR 5515 PCS separation, or release of the member from the 1 Armed Forces. 2 (2) CONTINUED CRYOPRESERVATION AND 3 STORAGE.—At the end of the one-year period speci- 4 fied in paragraph (1), the Secretary shall permit an 5 individual whose gametes were cryopreserved and 6 stored in a facility of the Department as described 7 in that paragraph to select, including pursuant to an 8 advance medical directive or military testamentary 9 instrument completed under subsection (c), one of 10 the following options: 11 (A) To continue such cryopreservation and 12 storage in such facility with the cost of such 13 cryopreservation and storage borne by the indi- 14 vidual. 15 (B) To transfer the gametes to a private 16 cryopreservation and storage facility selected by 17 the individual. 18 (3) DISPOSAL OF GAMETES.—If an individual 19 described in paragraph (2) does not make a selection 20 under subparagraph (A) or (B) of such paragraph, 21 the Secretary may dispose of the gametes of the in- 22 dividual not earlier than the date that is 90 days 23 after the end of the 1-year period specified in para- 24 graph (1) with respect to the individual. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00327 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 328 HR 5515 PCS (c) ADVANCE MEDICAL DIRECTIVE AND MILITARY 1 TESTAMENTARY INSTRUMENT.—A member of the Armed 2 Forces who elects to cryopreserve and store their gametes 3 under this section must complete an advance medical di- 4 rective, as defined in section 1044c(b) of title 10, United 5 States Code, and a military testamentary instrument, as 6 defined in section 1044d(b) of such title, that explicitly 7 specifies the use of their cryopreserved and stored gametes 8 if such member dies or otherwise loses the capacity to con- 9 sent to the use of their cryopreserved and stored gametes. 10 (d) AGREEMENTS.—To carry out this section, the 11 Secretary may enter into agreements with private entities 12 that provide cryopreservation and storage services for 13 gametes. 14 SEC. 704. MENTAL HEALTH ASSESSMENTS FOR MEMBERS 15 OF THE ARMED FORCES DEPLOYED IN SUP- 16 PORT OF A CONTINGENCY OPERATION. 17 Section 1074m(a)(1)(B) of title 10, United States 18 Code, is amended by striking ‘‘Until January 1, 2019, 19 once’’ and inserting ‘‘Once’’. 20 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00328 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 329 HR 5515 PCS SEC. 705. COUNSELING AND TREATMENT FOR SUBSTANCE 1 USE DISORDERS AND CHRONIC PAIN MAN- 2 AGEMENT SERVICES FOR MEMBERS WHO 3 SEPARATE FROM THE ARMED FORCES. 4 Section 1145(a)(6)(B)(i) of title 10, United States 5 Code, is amended— 6 (1) in subclause (I)— 7 (A) by inserting ‘‘, substance use dis- 8 order,’’ after ‘‘post-traumatic stress disorder’’; 9 and 10 (B) by striking ‘‘and’’ at the end; 11 (2) by redesignating subclause (II) as subclause 12 (III); and 13 (3) by inserting after subclause (I) the fol- 14 lowing: 15 ‘‘(II) chronic pain management 16 services, including counseling and 17 treatment of co-occurring mental 18 health disorders and alternatives to 19 opioid analgesics; and’’. 20 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00329 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 330 HR 5515 PCS Subtitle B—Health Care 1 Administration 2 SEC. 711. TRANSITION OF ADMINISTRATION BY DEFENSE 3 HEALTH AGENCY OF MILITARY MEDICAL 4 TREATMENT FACILITIES. 5 Section 1073c(a) of title 10, United States Code, is 6 amended— 7 (1) in paragraph (1), by striking ‘‘Beginning 8 October 1, 2018,’’ and inserting ‘‘In accordance with 9 paragraph (3), by not later than September 30, 10 2020,’’; 11 (2) by redesignating paragraphs (3) and (4) as 12 paragraphs (4) and (5), respectively; 13 (3) by inserting after paragraph (2) the fol- 14 lowing new paragraph (3): 15 ‘‘(3)(A) The Secretary of Defense shall establish a 16 timeline to ensure that each Secretary of a military de- 17 partment transitions the administration of military med- 18 ical treatment facilities from the respective Secretary to 19 the Director of the Defense Health Agency pursuant to 20 paragraph (1) by the date specified in such paragraph. 21 ‘‘(B) In carrying out this subsection, and in addition 22 to the requirements under section 1073d(e) of this title, 23 the Secretary of Defense may not close any military med- 24 ical treatment facility, limit the health services provided 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00330 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 331 HR 5515 PCS by a military medical treatment facility, or take any action 1 to begin such a closure or limitation, until the date on 2 which the Secretary submits to the congressional defense 3 committees a report containing the following: 4 ‘‘(i) A certification that each Secretary of a 5 military department has completed the transition of 6 the administration of each military medical treat- 7 ment facility from the respective Secretary to the 8 Director of the Defense Health Agency pursuant to 9 paragraph (1). 10 ‘‘(ii) A description of the metrics used by the 11 Secretary of Defense to ensure that such transition 12 is completed. 13 ‘‘(iii) A description of a cohesive headquarters 14 structure that delineates the roles and responsibil- 15 ities for each military department, the Joint Staff 16 Surgeon, and the Defense Health Agency. 17 ‘‘(iv) A description of the methodology and cri- 18 teria used by the Secretary to make decisions to 19 close any military medical treatment facility or limit 20 the health services provided by a military medical 21 treatment facility, including input from the affected 22 military department. 23 ‘‘(C) Not later than January 31, 2019, and every 6 24 months thereafter through September 30, 2020, the Di- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00331 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 332 HR 5515 PCS rector of the Defense Health Agency shall provide a brief- 1 ing to the congressional defense committees on the 2 progress of the transition under this paragraph.’’; and 3 (4) in paragraph (3), as so redesignated, by 4 striking ‘‘subsection (a)’’ and inserting ‘‘paragraph 5 (1)’’. 6 SEC. 712. SHARING INFORMATION WITH STATE PRESCRIP- 7 TION DRUG MONITORING PROGRAMS. 8 (a) ESTABLISHMENT.—Section 1074g of title 10, 9 United States Code, is amended— 10 (1) by redesignating subsections (g) and (h) as 11 subsections (h) and (i), respectively; and 12 (2) by inserting after subsection (f) the fol- 13 lowing new subsection: 14 ‘‘(g) SHARING INFORMATION WITH STATE PRE- 15 SCRIPTION DRUG MONITORING PROGRAMS.—(1) The Sec- 16 retary shall establish and operate a prescription drug mon- 17 itoring program (to be known as the Military Health Sys- 18 tem Prescription Drug Monitoring Program) for prescrip- 19 tion drugs provided through facilities of the uniformed 20 services. 21 ‘‘(2) The Secretary shall ensure that the program es- 22 tablished under paragraph (1)— 23 ‘‘(A) is comparable to prescription drug moni- 24 toring programs operated by States; and 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00332 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 333 HR 5515 PCS ‘‘(B) covers prescription drugs provided under 1 the pharmacy benefits program that are controlled 2 substances. 3 ‘‘(3)(A) In carrying out the program established 4 under paragraph (1), the Secretary shall establish appro- 5 priate procedures for sharing between the program and 6 State prescription drug monitoring programs patient-spe- 7 cific information regarding prescription drugs that are 8 controlled substances to prevent the misuse and diversion 9 of opioid medications and other controlled substances. 10 ‘‘(B) For purposes of the regulations promulgated 11 under section 264(c) of the Health Insurance Portability 12 and Accountability Act of 1996 (Public Law 104–191; 42 13 U.S.C. 1320d–2 note), any disclosure of patient-specific 14 information by the Secretary under subparagraph (A) 15 shall be treated as a permitted disclosure. 16 ‘‘(C) The Secretary shall include in the procedures 17 established under subparagraph (A) appropriate safe- 18 guards, as determined by the Secretary, concerning the 19 cybersecurity of information systems of the Department 20 of Defense systems and the operational security of per- 21 sonnel of the Department. 22 ‘‘(4) In this subsection, the term ‘controlled sub- 23 stance’ has the meaning given that term in section 102 24 of the Controlled Substances Act (21 U.S.C. 802).’’. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00333 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 334 HR 5515 PCS (b) BRIEFING.—Not later than one year after the 1 date of the enactment of this Act, the Secretary of Defense 2 shall provide to the Committees on Armed Services of the 3 House of Representatives and the Senate a briefing on the 4 implementation of the program established under section 5 1074g(g) of title 10, United States Code, as added by sub- 6 section (a). 7 (c) CONFORMING AMENDMENTS.— 8 (1) TITLE 10, UNITED STATES CODE.—Section 9 1079(q) of title 10, United States Code, is amended 10 by striking ‘‘section 1074g(g)’’ and inserting ‘‘sec- 11 tion 1074g(h)’’. 12 (2) FY16 NDAA.—Section 715(e)(2) of the Na- 13 tional Defense Authorization Act for Fiscal Year 14 2016 (Public Law 114–92; 10 U.S.C. 1074g note) 15 is amended by striking ‘‘section 1074g(g)’’ and in- 16 serting ‘‘section 1074g(h)’’. 17 (3) FY17 NDAA.—Section 745(b) of the Na- 18 tional Defense Authorization Act for Fiscal Year 19 2017 (Public Law 114–328; 10 U.S.C. 1074 note) 20 is amended by striking ‘‘section 1074g(g)’’ and in- 21 serting ‘‘section 1074g(h)’’. 22 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00334 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 335 HR 5515 PCS SEC. 713. IMPROVEMENT TO NOTIFICATION TO CONGRESS 1 OF HOSPITALIZATION OF COMBAT-WOUNDED 2 MEMBERS OF THE ARMED FORCES. 3 Section 1074l(a) of title 10, United States Code, is 4 amended by striking ‘‘admitted to a military treatment fa- 5 cility within the United States’’ and inserting ‘‘admitted 6 to any military medical treatment facility’’. 7 SEC. 714. IMPROVEMENTS TO TRAUMA CENTER PARTNER- 8 SHIPS. 9 Section 708(c) of the National Defense Authorization 10 Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 11 1071 note) is amended— 12 (1) in paragraph (1), by striking ‘‘large metro- 13 politan teaching hospitals that have level I civilian’’; 14 (2) in paragraph (2)— 15 (A) by striking ‘‘with civilian academic 16 medical centers and large metropolitan teaching 17 hospitals’’; and 18 (B) by striking ‘‘the trauma centers of the 19 medical centers and hospitals’’ and inserting 20 ‘‘trauma centers’’; and 21 (3) in paragraph (3), by striking ‘‘large metro- 22 politan teaching hospitals’’ and inserting ‘‘trauma 23 centers’’. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00335 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 336 HR 5515 PCS SEC. 715. WOUNDED WARRIOR POLICY REVIEW. 1 (a) IN GENERAL.—Not later than 180 days after the 2 date of the enactment of this Act, the Secretary of Defense 3 shall review and update policies and procedures relating 4 to the care and management of recovering service mem- 5 bers. In conducting such review, the Secretary shall con- 6 sider best practices— 7 (1) in the care of recovering service members; 8 (2) in the administrative management relating 9 to such care; 10 (3) to carry out applicable provisions of Federal 11 law; and 12 (4) recommended by the Comptroller General of 13 the United States in the report titled ‘‘Army Needs 14 to Improve Oversight of Warrior Transition Units’’. 15 (b) SCOPE OF POLICY.—In carrying out subsection 16 (a), the Secretary shall update policies of the Department 17 of Defense with respect to each of the following: 18 (1) The case management coordination of mem- 19 bers of the Armed Forces between the military de- 20 partments and the military medical treatment facili- 21 ties administered by the Director of the Defense 22 Health Agency pursuant to section 1073c of title 10, 23 United States Code, including with respect to the co- 24 ordination of— 25 (A) appointments; 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00336 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 337 HR 5515 PCS (B) rehabilitative services; 1 (C) recuperation in an outpatient status; 2 (D) contract care provided by a private 3 health care provider outside of a military med- 4 ical treatment facility; 5 (E) the disability evaluation system; and 6 (F) other administrative functions relating 7 to the military department. 8 (2) The transition of a member of the Armed 9 Forces who is retired under chapter 61 of title 10, 10 United States Code, from receiving treatment fur- 11 nished by the Secretary of Defense to treatment fur- 12 nished by the Secretary of Veterans Affairs. 13 (3) Facility standards related to lodging and 14 accommodations for recovering service members and 15 the family members and non-medical attendants of 16 such recovering service members. 17 (c) REPORT.—Not later than 1 year after the date 18 of the enactment of this Act, the Secretary of Defense and 19 Secretaries of the military departments shall jointly sub- 20 mit to the Committees on Armed Services of the Senate 21 and House of Representatives a report on the review con- 22 ducted under subsection (a), including a description of the 23 policies updated pursuant to subsection (b). 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00337 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 338 HR 5515 PCS (d) DEFINITIONS.—In this section, the terms ‘‘dis- 1 ability evaluation system’’, ‘‘outpatient status’’, and ‘‘re- 2 covering service members’’ have the meaning given those 3 terms in section 1602 of the Wounded Warrior Act (title 4 XVI of Public Law 110–181; 10 U.S.C. 1071 note). 5 SEC. 716. JOINT FORCE MEDICAL CAPABILITIES DEVELOP- 6 MENT AND STANDARDIZATION. 7 (a) DEVELOPMENT.—The Secretary of Defense, in 8 coordination with the Secretaries of the military depart- 9 ments and the Chairman of the Joint Chiefs of Staff, shall 10 develop a process to establish required joint medical capa- 11 bilities for members of the Armed Forces that meet the 12 operational planning requirements of the combatant com- 13 mands. 14 (b) PROCESS.—The process developed under sub- 15 section (a) shall include— 16 (1) the development of a joint medical estimate 17 to determine the medical requirements for treating 18 members of the Armed Forces who are wounded, ill, 19 or injured during military operations, including with 20 respect to environmental health and force health 21 protection. 22 (2) a process to review and revise military 23 health related mission essential tasks that are 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00338 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 339 HR 5515 PCS aligned with health professional knowledge, skills, 1 and abilities; and 2 (3) a process to standardize the interoperability 3 of medical equipment and capabilities to the greatest 4 extent practicable to support the joint force. 5 (c) REPORT.—Not later than March 1, 2019, the 6 Secretary of Defense shall submit to the Committees on 7 Armed Services of the Senate and House of Representa- 8 tives a report describing the process developed under sub- 9 section (a). 10 SEC. 717. BURN PATIENT TRANSFER SYSTEM. 11 The Secretary of Defense may develop a burn patient 12 transfer system, including any required hardware and 13 software, that would provide a platform for reporting im- 14 mediate and surge bed availability and that would elec- 15 tronically match patient acuity with open beds at other 16 military and civilian burn centers. 17 SEC. 718. REPORT ON MHS GENESIS ELECTRONIC HEALTH 18 RECORD SYSTEM. 19 Not later than 90 days after the date of the enact- 20 ment of this Act, the Secretary of Defense shall submit 21 to the congressional defense committees a report outlining 22 the corrective actions that were taken based on the results 23 of the Initial Operational Test and Evaluation Report 24 prior to fielding the electronic health record system known 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00339 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 340 HR 5515 PCS as MHS Genesis to additional military medical treatment 1 facilities beyond such facilities participating in the initial 2 operational testing and evaluation of MHS Genesis. 3 Subtitle C—Reports and Other 4 Matters 5 SEC. 721. ESTABLISHMENT OF TRISERVICE DENTAL RE- 6 SEARCH PROGRAM. 7 (a) IN GENERAL.—Chapter 104 of title 10, United 8 States Code, is amended by adding at the end the fol- 9 lowing new section: 10 ‘‘§ 2117. Military dental research 11 ‘‘(a) DEFINITIONS.—In this section: 12 ‘‘(1) The term ‘military dental research’ means 13 research on the furnishing of care and services by 14 dentists in the armed forces. 15 ‘‘(2) The term ‘TriService Dental Research 16 Program’ means the program of military dental re- 17 search authorized under this section. 18 ‘‘(b) PROGRAM AUTHORIZED.—The Secretary of De- 19 fense may establish at the University a program of mili- 20 tary dental research. 21 ‘‘(c) TRISERVICE RESEARCH GROUP.—The 22 TriService Dental Research Program shall be adminis- 23 tered by a TriService Dental Research Group composed 24 of Army, Navy, and Air Force dentists who are involved 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00340 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 341 HR 5515 PCS in military dental research and are designated by the Sec- 1 retary concerned to serve as members of the group. 2 ‘‘(d) DUTIES OF GROUP.—The TriService Dental Re- 3 search Group shall— 4 ‘‘(1) develop for the Department of Defense 5 recommended guidelines for requesting, reviewing, 6 and funding proposed military dental research 7 projects; and 8 ‘‘(2) make available to Army, Navy, and Air 9 Force dentists and Department of Defense officials 10 concerned with military dental research— 11 ‘‘(A) information about dental research 12 projects that are being developed or carried out 13 in the Army, Navy, and Air Force; and 14 ‘‘(B) expertise and information beneficial 15 to the encouragement of meaningful dental re- 16 search. 17 ‘‘(e) RESEARCH TOPICS.—For purposes of this sec- 18 tion, military dental research includes research on the fol- 19 lowing issues: 20 ‘‘(1) Issues regarding how to improve the re- 21 sults of dental care and services provided in the 22 armed forces in time of peace. 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00341 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 342 HR 5515 PCS ‘‘(2) Issues regarding how to improve the re- 1 sults of dental care and services provided in the 2 armed forces in time of war. 3 ‘‘(3) Issues regarding how to improve methods 4 of training dental personnel.’’. 5 (b) CLERICAL AMENDMENT.—The table of sections 6 at the beginning of such chapter is amended by inserting 7 after the item relating to section 2116 the following new 8 section: 9 ‘‘2117. Military dental research.’’. SEC. 722. INCREASING THE NUMBER OF APPOINTED DIREC- 10 TORS OF THE HENRY M. JACKSON FOUNDA- 11 TION FOR THE ADVANCEMENT OF MILITARY 12 MEDICINE. 13 Section 178(c)(1)(C) of title 10, United States Code, 14 is amended to read as follows: 15 ‘‘(C) six members appointed by the ex offi- 16 cio members of the Council designated in sub- 17 paragraphs (A) and (B).’’. 18 SEC. 723. EXTENSION OF AUTHORITY FOR JOINT DEPART- 19 MENT OF DEFENSE- DEPARTMENT OF VET- 20 ERANS AFFAIRS MEDICAL FACILITY DEM- 21 ONSTRATION FUND. 22 Section 1704(e) of the National Defense Authoriza- 23 tion Act for Fiscal Year 2010 (Public Law 111–84; 123 24 Stat. 2573), as most recently amended by section 719 of 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00342 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 343 HR 5515 PCS the National Defense Authorization Act for Fiscal Year 1 2018 (Public Law 115–91; 131 Stat. 1440), is further 2 amended by striking ‘‘September 30, 2019’’ and inserting 3 ‘‘September 30, 2020’’. 4 SEC. 724. INCLUSION OF GAMBLING DISORDER IN HEALTH 5 ASSESSMENTS AND RELATED RESEARCH EF- 6 FORTS OF THE DEPARTMENT OF DEFENSE. 7 (a) ANNUAL PERIODIC HEALTH ASSESSMENT.—The 8 Secretary of Defense shall incorporate medical screening 9 questions specific to gambling disorder into annual peri- 10 odic health assessments conducted by the Department of 11 Defense for members of the Armed Forces. 12 (b) RESEARCH EFFORTS.—The Secretary shall incor- 13 porate into ongoing research efforts of the Department 14 questions on gambling disorder, as appropriate, including 15 by restoring such questions into the Health Related Be- 16 haviors Survey of Active Duty Military Personnel. 17 SEC. 725. MEDICAL SIMULATION TECHNOLOGY AND LIVE 18 TISSUE TRAINING WITHIN THE DEPARTMENT 19 OF DEFENSE. 20 (a) IN GENERAL.— 21 (1) USE OF SIMULATION TECHNOLOGY.—Ex- 22 cept as provided by paragraph (2), the Secretary of 23 Defense shall use medical simulation technology be- 24 fore the use of live tissue training to train medical 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00343 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 344 HR 5515 PCS professionals and combat medics of the Department 1 of Defense. 2 (2) DETERMINATION.—The use of live tissue 3 training within the Department of Defense may be 4 used as determined necessary by the medical chain 5 of command. 6 (b) BRIEFING.—Not later than 180 days after the 7 date of the enactment of this Act, the Secretary of De- 8 fense, in consultation with the Chairman of the Joint 9 Chiefs of Staff and the Secretaries of the military depart- 10 ments, shall provide a briefing to the Committees on 11 Armed Services of the House of Representatives and the 12 Senate on the use and benefit of medical simulation tech- 13 nology and live tissue training within the Department of 14 Defense to train medical professionals, combat medics, 15 and members of the Special Operations Forces. 16 (c) ELEMENTS.—The briefing under subsection (b) 17 shall include the following: 18 (1) A discussion of the benefits and needs of 19 both medical simulation technology and live tissue 20 training. 21 (2) Ways and means to enhance and advance 22 the use of simulation technologies in training. 23 (3) An assessment of current medical simula- 24 tion technology requirements, gaps, and limitations. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00344 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 345 HR 5515 PCS (4) An overview of Department of Defense med- 1 ical training programs, as of the date of the briefing, 2 that use live tissue training and medical simulation 3 technologies. 4 (5) Any other matters the Secretary determines 5 appropriate. 6 SEC. 726. LIMITATION ON CHANGES TO FEDERAL EMER- 7 GENCY SERVICES CERTIFICATION LEVELS OF 8 THE AIR FORCE. 9 The Secretary of the Air Force may not transition 10 Federal Emergency Services certification levels from 11 Emergency Medical Technician level to Emergency Med- 12 ical Responder level until the Secretary submits to the 13 congressional defense committees a report that contains 14 the following: 15 (1) Details on the process and factors the Air 16 Force Emergency Medical Services Working Group 17 used and considered to determine which military in- 18 stallations would be required to transition Federal 19 Emergency Services certification levels from Emer- 20 gency Medical Technician level to Emergency Med- 21 ical Responder level. 22 (2) The required base and community emer- 23 gency response standards the Air Force Emergency 24 Medical Services Working Group based such transi- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00345 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 346 HR 5515 PCS tion on, including information on where these stand- 1 ards are defined and how these standards were de- 2 veloped. 3 (3) Information on how the Air Force will meet 4 the needs of trench rescue, water rescue, high angle 5 rescue, and confined space rescue pursuant to De- 6 partment of Defense Instructions with less Emer- 7 gency Medical Technician certified personnel. 8 (4) Information on the required response time 9 standard for advanced life support and how the Air 10 Force Emergency Medical Services Working Group 11 determined a military installation could meet this 12 standard. 13 (5) Details on any contingency plans the Air 14 Force has developed when basic and advance life 15 support care and ambulance transport are unavail- 16 able as a result of these resources being used to 17 transport patients to medical facilities located off the 18 military installation. 19 SEC. 727. STRATEGIC MEDICAL RESEARCH PLAN. 20 (a) PLAN.—Not later than 30 days after the date on 21 which the budget of the President for fiscal year 2020 is 22 submitted to Congress pursuant to section 1105 of title 23 31, United States Code, the Secretary of Defense, in con- 24 sultation with the Secretaries of the military departments, 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00346 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 347 HR 5515 PCS shall submit to the congressional defense committees a 1 comprehensive strategic medical research plan. 2 (b) MATTERS INCLUDED.—The plan under sub- 3 section (a) shall include the following: 4 (1) A description of all medical research focus 5 areas of the Department of Defense and a descrip- 6 tion of the coordination process to ensure the focus 7 areas are linked to military readiness, joint force re- 8 quirements, and relevance to individuals eligible for 9 care at military medical treatment facilities or 10 through the TRICARE program. 11 (2) A description of the medical research 12 projects funded under the Defense Health Program 13 account and the projects under the Congressional 14 Directed Medical Research Programs. 15 (3) A description of the process to ensure syn- 16 ergy across the military medical research community 17 to address gaps in military medical research, mini- 18 mize duplication of research, and to promote collabo- 19 ration within research focus areas. 20 (4) A description of the efforts of the Secretary 21 to coordinate with other departments and agencies 22 of the Federal Government to increase awareness of 23 complementary medical research efforts that are 24 being carried out through the Federal Government. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00347 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 348 HR 5515 PCS SEC. 728. INDEPENDENT EVALUATION OF MENTAL HEALTH 1 CARE. 2 (a) IN GENERAL.—The Secretary of Defense shall 3 seek to enter into an agreement with a federally funded 4 research and development center to evaluate the manage- 5 ment of mental health care by the Defense Health Agency 6 pursuant to section 1073c(a) of title 10, United States 7 Code. 8 (b) SELECTION.—The Secretary shall select a feder- 9 ally funded research and development center under sub- 10 section (a) that has expertise and a record of independent, 11 peer-reviewed publications with respect to— 12 (1) behavioral health research; and 13 (2) independent evaluations of mental health 14 programs within the Department of Defense using 15 multidisciplinary methods. 16 (c) MATTERS INCLUDED.—The evaluation under sub- 17 section (a) shall include the following: 18 (1) An assessment of the management of men- 19 tal health care by the Defense Health Agency, in- 20 cluding— 21 (A) how mental health care providers will 22 be arranged within the command structure of 23 the Agency; and 24 (B) how mental health care policy and 25 processes will be managed within the Agency. 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00348 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 349 HR 5515 PCS (2) An assessment of the ability of each Sur- 1 geon General of the military departments to main- 2 tain the readiness of the military health workforce to 3 deliver mental health care services operationally in 4 support of deployed forces. 5 (3) An assessment of the coordination of behav- 6 ioral health research efforts across the research con- 7 tinuum. 8 (4) An assessment of the inclusion of evidence- 9 based suicide prevention programs. 10 (5) A description of new processes to accelerate 11 scientific research and delivery of breakthrough 12 therapies for traumatic brain injury, chronic trau- 13 matic encephalopathy, and post-traumatic stress dis- 14 order. 15 (6) Plans to field medical devices approved by 16 the Food and Drug Administration that provide cli- 17 nicians with rapid, accurate assessments of trau- 18 matic brain injury. 19 (d) SUBMISSION.—Not later than April 1, 2019, the 20 Secretary shall submit to the congressional defense com- 21 mittees a report on the evaluation under subsection (a). 22 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00349 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 350 HR 5515 PCS SEC. 729. STUDY ON REIMBURSEMENT RATES FOR MENTAL 1 HEALTH CARE PROVIDERS UNDER TRICARE 2 PRIME AND TRICARE SELECT IN THE EAST 3 AND WEST REGIONS OF THE TRICARE PRO- 4 GRAM. 5 (a) STUDY.—The Secretary of Defense shall conduct 6 a study assessing the impact of using established rates to 7 reimburse covered mental health care providers on the 8 availability of such providers. 9 (b) ELEMENTS.—The study under subsection (a) 10 shall include the following: 11 (1) An evaluation of— 12 (A) whether there are enough covered men- 13 tal health care providers to adequately serve the 14 beneciaries under TRICARE Prime and the 15 beneficiaries under TRICARE Select of each lo- 16 cality in the East and West regions of the 17 TRICARE program, including in rural commu- 18 nities in such regions; and 19 (B) whether the requirements under sec- 20 tions 1079(h)(1) and 1097b of title 10, United 21 States Code, to use established rates to reim- 22 burse covered mental health care providers lim- 23 its the number of covered health care providers 24 serving each locality in the East and West re- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00350 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 351 HR 5515 PCS gions of the TRICARE program, including in 1 rural communities in such regions. 2 (2) An assessment of the impact of using estab- 3 lished rates to reimburse covered mental health care 4 providers on— 5 (A) the ability of beneficaries under 6 TRICARE Prime and beneficiaries under 7 TRICARE Select beneficiaries to access appro- 8 priate and timely mental health care in accord- 9 ance with section 199.17 of title 32, Code of 10 Federal Regulations; and 11 (B) the availability of services provided by 12 mental health care providers that are needed by 13 members of the Armed Forces to be medically 14 ready. 15 (3) Information about instances in which the 16 Secretary provided or applied exceptions to estab- 17 lished rates pursuant to sections 1079(h)(2) of title 18 10, United States Code, to increase the number of 19 covered mental health care providers. 20 (4) A description of how the Secretary solicits 21 and collects feedback from covered mental health 22 care providers on established rates. 23 (5) A list of actions the Secretary has taken to 24 address such feedback. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00351 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 352 HR 5515 PCS (6) Any legislative, regulatory, or policy rec- 1 ommendations that are necessary to improve the 2 overall medical readiness of Armed Forces. 3 (c) REPORT.—Not later than 1 year after the date 4 of the enactment of this Act, the Secretary shall submit 5 to the Committee on Armed Services of the House of Rep- 6 resentatives and the Committee on the Armed Services of 7 the Senate a report on the results of the study required 8 under subsection (a). 9 (d) BRIEFING.—Not later than 60 days after the date 10 on which the report required under subsection (c) is sub- 11 mitted to the Committee on Armed Services of the House 12 of Representatives and the Committee on Armed Services 13 of the Senate, the Secretary shall provide a briefing to 14 such committees on the results of the study required under 15 subsection (a). 16 (e) COMPTROLLER GENERAL REVIEW AND RE- 17 PORT.—Not later than 180 days after the date on which 18 the report under subsection (c) is submitted to the Com- 19 mittee on Armed Services of the House of Representatives 20 and the Committee on Armed Services of the Senate, the 21 Comptroller General of the United States shall— 22 (1) review the report required under subsection 23 (c); and 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00352 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 353 HR 5515 PCS (2) submit to the Committee on Armed Services 1 of the House of Representatives and the Committee 2 on Armed Services of the Senate an assessment of— 3 (A) whether the results of the study re- 4 quired under subsection (a) are supported by 5 the data and information examined in the study 6 required under subsection (a); and 7 (B) the feasibility of any recommendations 8 identified by the Secretary under subsection 9 (b)(6). 10 (f) DEFINITIONS.—In this section: 11 (1) The term ‘‘established rate’’ means the pay- 12 ment amount determined by the Secretary pursuant 13 to sections 1079(h)(1) and 1097b of title 10, United 14 States Code, and section 199.14 of title 32, Code of 15 Federal Regulations. 16 (2) The term ‘‘covered mental health care pro- 17 vider’’ means a mental health care provider under 18 TRICARE Prime and TRICARE Select in the East 19 and West regions of the TRICARE program. 20 (3) The term ‘‘mental health care provider’’ 21 means a psychiatrist, clinical psychologist, certified 22 psychiatric nurse specialist, certified clinical social 23 worker, certified marriage and family therapist, 24 TRICARE certified mental health counselor, pas- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00353 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 354 HR 5515 PCS toral counselor under the supervision of a physician, 1 and supervised mental health counselor under the 2 supervision of a physician. 3 (4) The term locality means a geographic loca- 4 tion— 5 (A) designated as a Prime Service Area 6 under section 199.17(b)(1) of title 32, Code of 7 Federal Regulations; and 8 (B) in which the Secretary entered into a 9 contract under chapter 55 of title 10, United 10 States Code, with a contractor under the 11 TRICARE program to provide health care serv- 12 ices to beneficiaries by TRICARE-authorized ci- 13 vilian health care providers. 14 (5) The terms ‘‘TRICARE Prime’’ and 15 ‘‘TRICARE Select’’ have the meanings given those 16 terms in section 1072 of title 10, United States 17 Code. 18 SEC. 730. STUDY ON THE TREATMENT OF TRICARE BENE- 19 FICIARIES WHO ARE RESIDENTS OF PUERTO 20 RICO. 21 (a) STUDY.—The Secretary of Defense, and with re- 22 spect to members of the Coast Guard, in coordination with 23 the Secretary of the Department in which the Coast Guard 24 is operating when it is not operating as a service in the 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00354 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 355 HR 5515 PCS Navy, shall conduct a study on the feasibility and effect 1 of extending the eligibility to enroll in, and the coverage 2 of, TRICARE Prime to members of the Armed Forces and 3 covered beneficiaries who reside in Puerto Rico to the 4 same degree that a covered beneficiary who resides in any 5 of the several States may enroll in TRICARE Prime. 6 (b) ELEMENTS.—The study under subsection (a) 7 shall address the following: 8 (1) The requirements, as of the date of the 9 study, for a covered beneficiary to be eligible to en- 10 roll in the TRICARE program in Puerto Rico. 11 (2) The number of— 12 (A) covered beneficiaries who are enrolled 13 in the TRICARE program who reside in Puerto 14 Rico; and 15 (B) such covered beneficiaries who would 16 potentially enroll in TRICARE Prime if the 17 Secretary extends TRICARE Prime as de- 18 scribed in subsection (a). 19 (3) The demographic distribution of covered 20 beneficiaries who reside in Puerto Rico. 21 (4) The access of such covered beneficiaries to 22 health care networks, including trauma care centers, 23 as of the date of the study. 24 (5) The quality of such health care networks. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00355 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 356 HR 5515 PCS (6) The costs and timeline requirements for ex- 1 tending TRICARE Prime as described in subsection 2 (a). 3 (7) The feasibility of using medical resources of 4 the Department of Defense to cover gaps in service 5 availability in Puerto Rico if such extension does not 6 occur. 7 (c) SUBMISSION.—Not later than 90 days after the 8 date of the enactment of this Act, the Secretary shall sub- 9 mit to the congressional defense committees a report on 10 the study under subsection (a). 11 (d) DEFINITIONS.—In this section, the terms ‘‘cov- 12 ered beneficiary’’, ‘‘TRICARE Prime’’, and ‘‘TRICARE 13 program’’ have the meanings given those terms in section 14 1072 of title 10, United States Code. 15 SEC. 731. STUDY ON HEALTH EFFECTS RELATING TO AC- 16 TIVITY OF THE ARMED FORCES ON VIEQUES. 17 Not later than 180 days after the date of the enact- 18 ment of this Act, the Comptroller General of the United 19 States shall submit to the congressional defense commit- 20 tees a report containing a study of the health effects of 21 the live-fire training at Vieques Naval Training Range 22 conducted by the Navy before 2002 and other activities 23 of the Armed Forces on the island of Vieques, Puerto 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00356 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 357 HR 5515 PCS Rico. The study shall include a comprehensive analysis of 1 the following: 2 (1) The immediate health effects of such train- 3 ing and activity on the residents of Vieques. 4 (2) The long-term health effects of such train- 5 ing and activity on the residents of Vieques. 6 (3) The potential ongoing health effects caused 7 by any contamination relating to such training and 8 activity. 9 SEC. 732. STRATEGY TO RECRUIT AND RETAIN MENTAL 10 HEALTH PROVIDERS. 11 Not later than 180 days after the date of the enact- 12 ment of this Act, the Secretary of Defense shall submit 13 to the congressional defense committees a report that— 14 (1) describes the shortage of mental health pro- 15 viders of the Department of Defense; 16 (2) explains the reasons for such shortage; 17 (3) explains the effect of such shortage on 18 members of the Armed Forces; and 19 (4) contains a strategy to better recruit and re- 20 tain mental health providers, including with respect 21 to psychiatrists, psychologists, mental health nurse 22 practitioners, licensed social workers, and other li- 23 censed providers of the military health system. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00357 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 358 HR 5515 PCS SEC. 733. STUDY ON EARNING BY SPECIAL OPERATIONS 1 FORCES MEDICS OF CREDITS TOWARDS A 2 PHYSICIAN ASSISTANT DEGREE. 3 (a) STUDY.—The Secretary of Defense shall conduct 4 a study to assess the feasibility and advisability of estab- 5 lishing partnerships between special operations forces and 6 institutions of higher education, and health care systems 7 if determined appropriate by the Secretary, through which 8 special operations forces medics earn credit toward the 9 master’s degree of physician assistant for military oper- 10 ational work and training performed by the medics. 11 (b) ELEMENTS.—The study under subsection (a) 12 shall include the following: 13 (1) The feasibility with respect to establishing 14 partnerships described in subsection (a) that permit 15 medics to conduct clinical training at medical facili- 16 ties of the Department of Defense and the civilian 17 sector in order to meet the increasing demand for 18 highly trained health care providers at such facili- 19 ties. 20 (2) How partnerships described in subsection 21 (a) will ensure that the evaluation of work and train- 22 ing performed by medics for which credits are 23 earned comply with civilian clinical evaluation stand- 24 ards applicable to the awarding of master’s degrees 25 of physician assistant. 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00358 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 359 HR 5515 PCS (3) How the Secretary can leverage the physi- 1 cian assistant program at the Uniformed Services 2 University to coordinate such partnerships and as- 3 sist with credits. 4 (c) REPORT.—Not later than 180 days after the date 5 of the enactment of this Act, the Secretary of Defense 6 shall submit to the Committees on Armed Services of the 7 Senate and the House of Representative a report on the 8 study under subsection (a). 9 SEC. 734. STUDY OF DRUG SHORTAGES AND IMPACT ON 10 MEMBERS OF THE ARMED FORCES. 11 (a) CONGRESSIONAL FINDINGS.—The Congress finds 12 the following: 13 (1) Shortages of critical medical drugs used for 14 surgery and emergency care have increased signifi- 15 cantly during 2017 and 2018. 16 (2) Reports from physicians have identified crit- 17 ical drugs such as dilaudid, bupivacaine, morphine, 18 and epinephrine as important commonly needed 19 drugs in shortage. 20 (3) Health care providers for the Armed Forces 21 use the same drugs as civilian health care providers 22 and are experiencing similar shortages in surgical 23 facilities. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00359 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 360 HR 5515 PCS (4) Such shortages could compromise the qual- 1 ity of care available to members of the Armed 2 Forces. 3 (b) STUDY.—The Secretary of Defense shall conduct 4 a study of shortages of drugs used in the surgical and 5 emergency settings of military facilities— 6 (1) to determine if the quality or safety of mili- 7 tary health care has been compromised by such 8 shortages; 9 (2) to identify and examine supply chain issues 10 related to the availability of drugs used for surgery 11 and emergency care; and 12 (3) to identify and examine the impact of short- 13 ages on care for military patients. 14 (c) CONSULTATION.—In conducting the study under 15 subsection (b), the Secretary shall consult with the Com- 16 missioner of Food and Drugs, the Administrator of the 17 Drug Enforcement Administration, and such other stake- 18 holders as the Secretary considers relevant to the study, 19 including physician organizations and drug manufactur- 20 ers. 21 (d) REPORT.—Not later than the expiration of the 22 12-month period beginning on the date of the enactment 23 of this Act, the Secretary shall submit a report to the Con- 24 gress describing the study under this section and setting 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00360 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 361 HR 5515 PCS forth any conclusions and recommendations resulting from 1 the study. 2 SEC. 735. PROVISION OF INFORMATION TO DEPARTMENT 3 OF VETERANS AFFAIRS REGARDING MHS 4 GENESIS ELECTRONIC HEALTH RECORD SYS- 5 TEM. 6 The Secretary of Defense shall transmit to the Sec- 7 retary of Veterans Affairs a report detailing lessons 8 learned by the Secretary of Defense with respect to suc- 9 cessfully remediating concerns found during the initial 10 operational testing and evaluation of the electronic health 11 record system known as MHS Genesis. 12 SEC. 736. REPORT REGARDING OPIOID PREVENTION AND 13 TREATMENT FOR DEPENDENTS OF MEMBERS 14 OF THE ARMED FORCES. 15 The Secretary of Defense shall prepare and submit 16 a report to congressional defense committees regarding 17 the actions the Department of Defense is taking to prevent 18 and treat opioid use among the dependents of members 19 of the Armed Forces. Such report shall include how infor- 20 mation is shared between military medical treatment fa- 21 cilities across the country, what counseling services are 22 available to dependents and how such services are pub- 23 licized, and a plan for intervention strategies to prevent 24 opioid use and abuse. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00361 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 362 HR 5515 PCS SEC. 737. MONITORING MEDICATION PRESCRIBING PRAC- 1 TICES FOR THE TREATMENT OF POST-TRAU- 2 MATIC STRESS DISORDER. 3 (a) REPORT.— 4 (1) IN GENERAL.—Not later than 180 days 5 after the date of enactment of this Act, the Sec- 6 retary of Defense shall submit to the Committees on 7 Armed Services of the House of Representatives and 8 Senate a report on the practices for prescribing 9 medication during the period beginning January 1, 10 2012, and ending December 31, 2017, that were in- 11 consistent with the post-traumatic stress disorder 12 medication guidelines developed by the Department 13 of Defense and the Veterans Health Administration. 14 (2) CONTENTS.—The report under this sub- 15 section shall include the following: 16 (A) A summary of the Army’s, the Navy’s, 17 and the Air Force’s practices for prescribing 18 medication during the period referred to in 19 paragraph (1) that were inconsistent with the 20 post-traumatic stress disorder medication guide- 21 lines developed by the Department of Defense 22 and the Veterans Health Administration. 23 (B) Identification of medical centers serv- 24 ing members of the Armed Forces found to 25 having higher than average incidences of pre- 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00362 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 363 HR 5515 PCS scribing medication during the period referred 1 to in paragraph (1) that were inconsistent with 2 the post-traumatic stress disorder guidelines. 3 (C) A plan for such medical centers to re- 4 duce the prescribing of medications that are in- 5 consistent with the post-traumatic stress dis- 6 order guidelines. 7 (D) A plan for ongoing monitoring of med- 8 ical centers found to have higher than average 9 incidences of prescribing medication that were 10 inconsistent with the post-traumatic stress dis- 11 order guidelines by the Department of Defense 12 and the Veterans Health Administration. 13 (b) MONITORING PROGRAM.—Based on the findings 14 of the report under subsection (a), the Secretaries of the 15 Army, the Navy, and the Air Force shall each establish 16 a monitoring program carried out with respect to such 17 branch of the Armed Forces shall provide as follows: 18 (1) The monitoring program shall provide for 19 the conduct of periodic reviews, beginning October 1, 20 2019, of medication prescribing practices of its own 21 providers. 22 (2) The monitoring program shall provide for 23 regular reports, beginning October 1, 2020, to the 24 Department of Defense and the Veterans Health Ad- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00363 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 364 HR 5515 PCS ministration, of the results of the periodic reviews 1 pursuant to paragraph (1) of this subsection. 2 (3) The monitoring program shall establish in- 3 ternal procedures, not later than October 1, 2020, to 4 address practices for prescribing medication that are 5 inconsistent with the post-traumatic stress disorder 6 medication guidelines developed Department of De- 7 fense and the Veterans Health Administration. 8 SEC. 738. PILOT PROGRAM ON MINDFULNESS-BASED 9 STRESS REDUCTION IN PRE-DEPLOYMENT 10 TRAINING. 11 (a) PILOT PROGRAM.—The Secretary of Defense, in 12 consultation with the Secretary of Homeland Security with 13 respect to the Coast Guard when it is not operating as 14 a service in the Navy, shall carry out a pilot program 15 under which the Secretary provides mindfulness-based 16 stress reduction training to members of the Armed Forces 17 before their deployment to a combat theater of operations. 18 (b) STUDY AND REPORT.—The Secretary of Defense 19 shall study and submit to Congress a report on the effec- 20 tiveness of training under the pilot program, including the 21 effect of the training on— 22 (1) managing stress; and 23 (2) preventing post-traumatic stress disorder. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00364 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 365 HR 5515 PCS SEC. 739. STUDY ON REQUIREMENT FOR CERTAIN FORMER 1 MEMBERS OF THE ARMED FORCES TO EN- 2 ROLL IN MEDICARE PART B TO BE ELIGIBLE 3 FOR TRICARE FOR LIFE. 4 (a) STUDY.—Not later than 180 days after the date 5 of the enactment of this Act, the Secretary of Defense, 6 the Secretary of Health and Human Services, and the 7 Commissioner of Social Security shall jointly submit to the 8 Committees on Armed Services of the House of Represent- 9 atives and the Senate, the Committee on Ways and Means 10 of the House of Representatives, and the Committee on 11 Finance of the Senate a report on the requirement that 12 a covered individual enroll in the supplementary medical 13 insurance program under part B of title XVIII of the So- 14 cial Security Act (42 U.S.C. 1395j et seq.) in order to 15 be eligible for TRICARE for Life. 16 (b) MATTERS INCLUDED.—The study under sub- 17 section (a) shall include the following: 18 (1) An analysis of whether the requirement de- 19 scribed in such subsection affects covered individuals 20 from returning to work. 21 (2) The number of individuals who— 22 (A) are retired from the Armed Forces 23 under chapter 61 of title 10, United States 24 Code; 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00365 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 366 HR 5515 PCS (B) are entitled to hospital insurance bene- 1 fits under part A of title XVIII of the Social 2 Security Act pursuant to receiving benefits for 3 24 months as described in subparagraph (A) or 4 (C) of section 226(b)(2) of such Act (42 U.S.C. 5 426(b)(2)); and 6 (C) because of such entitlement, are no 7 longer enrolled in TRICARE Standard, 8 TRICARE Prime, TRICARE Extra, or 9 TRICARE Select. 10 (3) The number of covered individuals who 11 would potentially enroll in TRICARE for Life but 12 not enroll in the supplementary medical insurance 13 program under part B of title XVIII of the Social 14 Security Act (42 U.S.C. 1395j et seq.) if able. 15 (c) DEFINITIONS.—In this section: 16 (1) The term ‘‘covered individual’’ means an in- 17 dividual— 18 (A) who is under 65 years of age; 19 (B) who is entitled to hospital insurance 20 benefits under part A of title XVIII of the So- 21 cial Security Act pursuant to subparagraph (A) 22 or (C) of section 226(b)(2) of such Act (42 23 U.S.C. 426(b)(2)); 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00366 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 367 HR 5515 PCS (C) whose entitlement to a benefit de- 1 scribed in subparagraph (A) of such section has 2 terminated due to performance of substantial 3 gainful activity; and 4 (D) who is retired under chapter 61 of title 5 10, United States Code. 6 (2) The terms ‘‘TRICARE for Life’’, 7 ‘‘TRICARE Extra’’, ‘‘TRICARE Standard’’, 8 ‘‘TRICARE Select’’, and ‘‘TRICARE Prime’’ have 9 the meanings given those terms in section 1072 of 10 title 10, United States Code. 11 TITLE VIII—ACQUISITION POL- 12 ICY, ACQUISITION MANAGE- 13 MENT, AND RELATED MAT- 14 TERS 15 Subtitle A—Streamlining of De- 16 fense Acquisition Statutes and 17 Regulations 18 SEC. 800. EFFECTIVE DATES; COORDINATION OF AMEND- 19 MENTS. 20 (a) EFFECTIVE DATES.— 21 (1) PARTS I AND II.—Parts I and II of this 22 subtitle, and the redesignations and amendments 23 made by such parts, shall take effect on February 24 1, 2020. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00367 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 368 HR 5515 PCS (2) PART III.—Part III of this subtitle shall 1 take effect on the date of the enactment of this Act. 2 (b) COORDINATION OF AMENDMENTS.—The redes- 3 ignations and amendments made by part II of this subtitle 4 shall be executed— 5 (1) before the amendments made by part I of 6 this subtitle; and 7 (2) after any amendments made by any other 8 provisions of this Act. 9 PART I—CONSOLIDATION OF DEFENSE ACQUISI- 10 TION STATUTES IN NEW PART V OF SUB- 11 TITLE A OF TITLE 10, UNITED STATES CODE 12 SEC. 801. FRAMEWORK FOR NEW PART V OF SUBTITLE A. 13 (a) IN GENERAL.—Subtitle A of title 10, United 14 States Code, is amended by adding at the end the fol- 15 lowing new part: 16 ‘‘PART V—ACQUISITION 17 ‘‘Chap. Sec. ‘‘SUBPART A—GENERAL ‘‘201. Definitions ...................................................................................... 3001 ‘‘203. General Matters ............................................................................. 3021 ‘‘205. Defense Acquisition System ........................................................... 3051 ‘‘207. Budgeting and Appropriations Matters ......................................... 3101 ‘‘209. Overseas Contingency Operations .................................................. 3151 ‘‘SUBPART B—ACQUISITION PLANNING ‘‘221. Planning and Solicitation Generally .............................................. 3201 ‘‘223. Planning and Solicitation Relating to Particular Items or Serv- ices ................................................................................ 3251 ‘‘SUBPART C—CONTRACTING METHODS AND CONTRACT TYPES ‘‘241. Awarding of Contracts ................................................................... 3301 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00368 Fmt 6652 Sfmt 6211 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 369 HR 5515 PCS ‘‘243. Specific Types of Contracts ........................................................... 3351 ‘‘245. Task and Delivery Order Contracts (Multiple Award Contracts) 3401 ‘‘247. Acquisition of Commercial Items ................................................... 3451 ‘‘249. Multiyear Contracts ....................................................................... 3501 ‘‘251. Simplified Acquisition Procedures ................................................. 3551 ‘‘253. Emergency and Rapid Acquisitions ............................................... 3601 ‘‘255. Contracting With or Through Other Agencies .............................. 3651 ‘‘SUBPART D—GENERAL CONTRACTING REQUIREMENTS ‘‘271. Truthful Cost or Pricing Data ...................................................... 3701 ‘‘273. Allowable Costs .............................................................................. 3741 ‘‘275. Proprietary Contractor Data and Technical Data ........................ 3771 ‘‘277. Contract Financing ........................................................................ 3801 ‘‘279. Contractor Audits and Accounting ................................................ 3841 ‘‘281. Claims and Disputes ...................................................................... 3861 ‘‘283. Foreign Acquisitions ...................................................................... 3881 ‘‘285. Small Business Programs .............................................................. 3901 ‘‘287. Socioeconomic Programs ................................................................ 3961 ‘‘SUBPART E—SPECIAL CATEGORIES OF CONTRACTING: MAJOR DEFENSE ACQUISITION PROGRAMS AND MAJOR SYSTEMS ‘‘301. Major Defense Acquisition Programs ............................................ 4001 ‘‘303. Weapon Systems Development and Related Matters .................... 4071 ‘‘305. Other Matters Relating to Major Systems .................................... 4121 ‘‘SUBPART F—SPECIAL CATEGORIES OF CONTRACTING: RESEARCH, DEVELOPMENT, TEST, AND EVALUATION ‘‘321. Research and Development Generally ............................................ 4201 ‘‘323. Innovation ...................................................................................... 4301 ‘‘325. Department of Defense Laboratories ............................................ 4351 ‘‘327. Research and Development Centers and Facilities ....................... 4401 ‘‘329. Operational Test and Evaluation; Developmental Test and Eval- uation ............................................................................ 4451 ‘‘SUBPART G—OTHER SPECIAL CATEGORIES OF CONTRACTING ‘‘341. Contracting for Performance of Civilian Commercial or Indus- trial Type Functions ..................................................... 4501 ‘‘343. Acquisition of Services ................................................................... 4541 ‘‘345. Acquisition of Information Technology .......................................... 4571 ‘‘SUBPART H—CONTRACT MANAGEMENT ‘‘361. Contract Administration ................................................................ 4601 ‘‘363. Prohibitions and Penalties ............................................................. 4651 ‘‘365. Contractor Workforce .................................................................... 4701 ‘‘367. Other Administrative and Miscellaneous Provisions ...................... 4751 ‘‘SUBPART I—DEFENSE INDUSTRIAL BASE ‘‘381. Defense Industrial Base Generally ................................................ 4801 ‘‘383. Loan Guarantee Programs ............................................................ 4861 ‘‘385. Procurement Technical Assistance Cooperative Agreement Pro- gram .............................................................................. 4881 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00369 Fmt 6652 Sfmt 6211 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 370 HR 5515 PCS ‘‘Subpart A—General 1 ‘‘CHAPTER 201—DEFINITIONS 2 ‘‘SEC. 3001. øRESERVED¿. 3 øReserved¿ ‘‘CHAPTER 203—GENERAL MATTERS 4 ‘‘SEC. 3021. øRESERVED¿. 5 øReserved¿ ‘‘CHAPTER 205—DEFENSE ACQUISITION 6 SYSTEM 7 ‘‘SEC. 3051. øRESERVED¿. 8 øReserved¿ ‘‘CHAPTER 207—BUDGETING AND 9 APPROPRIATIONS MATTERS 10 ‘‘SEC. 3101. øRESERVED¿. 11 øReserved¿ ‘‘CHAPTER 209—OVERSEAS CONTINGENCY 12 OPERATIONS 13 ‘‘SEC. 3151. øRESERVED¿. 14 øReserved¿ ‘‘Subpart B—Acquisition Planning 15 ‘‘CHAPTER 221—PLANNING AND 16 SOLICITATION GENERALLY 17 ‘‘SEC. 3201. øRESERVED¿. 18 øReserved¿ VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00370 Fmt 6652 Sfmt 6301 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 371 HR 5515 PCS ‘‘CHAPTER 223—PLANNING AND SOLICITA- 1 TION RELATING TO PARTICULAR 2 ITEMS OR SERVICES 3 ‘‘SEC. 3251. øRESERVED¿. 4 øReserved¿ ‘‘Subpart C—Contracting Methods and Contract 5 Types 6 ‘‘CHAPTER 241—AWARDING OF 7 CONTRACTS 8 ‘‘SEC. 3301. øRESERVED¿. 9 øReserved¿ ‘‘CHAPTER 243—SPECIFIC TYPES OF 10 CONTRACTS 11 ‘‘SEC. 3351. øRESERVED¿. 12 øReserved¿ ‘‘CHAPTER 245—TASK AND DELIVERY 13 ORDER CONTRACTS (MULTIPLE 14 AWARD CONTRACTS) 15 ‘‘SEC. 3401. øRESERVED¿. 16 øReserved¿ ‘‘CHAPTER 247—ACQUISITION OF 17 COMMERCIAL ITEMS 18 ‘‘SEC. 3451. øRESERVED¿. 19 øReserved¿ VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00371 Fmt 6652 Sfmt 6301 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 372 HR 5515 PCS ‘‘CHAPTER 249—MULTIYEAR CONTRACTS 1 ‘‘SEC. 3501. øRESERVED¿. 2 øReserved¿ ‘‘CHAPTER 251—SIMPLIFIED ACQUISITION 3 PROCEDURES 4 ‘‘SEC. 3551. øRESERVED¿. 5 øReserved¿ ‘‘CHAPTER 253—EMERGENCY AND RAPID 6 ACQUISITIONS 7 ‘‘SEC. 3601. øRESERVED¿. 8 øReserved¿ ‘‘CHAPTER 255—CONTRACTING WITH OR 9 THROUGH OTHER AGENCIES 10 ‘‘SEC. 3651. øRESERVED¿. 11 øReserved¿ ‘‘Subpart D—General Contracting Requirements 12 ‘‘CHAPTER 271—TRUTHFUL COST OR 13 PRICING DATA 14 ‘‘SEC. 3701. øRESERVED¿. 15 øReserved¿ ‘‘CHAPTER 273—ALLOWABLE COSTS 16 ‘‘SEC. 3741. øRESERVED¿. 17 øReserved¿ VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00372 Fmt 6652 Sfmt 6301 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 373 HR 5515 PCS ‘‘CHAPTER 275—PROPRIETARY CON- 1 TRACTOR DATA AND TECHNICAL DATA 2 ‘‘SEC. 3771. øRESERVED¿. 3 øReserved¿ ‘‘CHAPTER 277—CONTRACT FINANCING 4 ‘‘SEC. 3801. øRESERVED¿. 5 øReserved¿ ‘‘CHAPTER 279—CONTRACTOR AUDITS 6 AND ACCOUNTING 7 ‘‘SEC. 3841. øRESERVED¿. 8 øReserved¿ ‘‘CHAPTER 281—CLAIMS AND DISPUTES 9 ‘‘SEC. 3861. øRESERVED¿. 10 øReserved¿ ‘‘CHAPTER 283—FOREIGN ACQUISITIONS 11 ‘‘SEC. 3881. øRESERVED¿. 12 øReserved¿ ‘‘CHAPTER 285—SMALL BUSINESS 13 PROGRAMS 14 ‘‘SEC. 3901. øRESERVED¿. 15 øReserved¿ ‘‘CHAPTER 287—SOCIOECONOMIC 16 PROGRAMS 17 ‘‘SEC. 3961. øRESERVED¿. 18 øReserved¿ VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00373 Fmt 6652 Sfmt 6301 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 374 HR 5515 PCS ‘‘Subpart E—Special Categories of Contracting: 1 Major Defense Acquisition Programs and Major 2 Systems 3 ‘‘CHAPTER 301—MAJOR DEFENSE 4 ACQUISITION PROGRAMS 5 ‘‘SEC. 4001. øRESERVED¿. 6 øReserved¿ ‘‘CHAPTER 303—WEAPON SYSTEMS 7 DEVELOPMENT AND RELATED MATTERS 8 ‘‘SEC. 4071. øRESERVED¿. 9 øReserved¿ ‘‘CHAPTER 305—OTHER MATTERS 10 RELATING TO MAJOR SYSTEMS 11 ‘‘SEC. 4121. øRESERVED¿. 12 øReserved¿ ‘‘Subpart F—Special Categories of Contracting: 13 Research, Development, Test, and Evaluation 14 ‘‘CHAPTER 321—RESEARCH AND 15 DEVELOPMENT GENERALLY 16 ‘‘SEC. 4201. øRESERVED¿. 17 øReserved¿ ‘‘CHAPTER 323—INNOVATION 18 ‘‘SEC. 4301. øRESERVED¿. 19 øReserved¿ VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00374 Fmt 6652 Sfmt 6301 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 375 HR 5515 PCS ‘‘CHAPTER 325—DEPARTMENT OF 1 DEFENSE LABORATORIES 2 ‘‘SEC. 4351. øRESERVED¿. 3 øReserved¿ ‘‘CHAPTER 327—RESEARCH AND 4 DEVELOPMENT CENTERS AND FACILITIES 5 ‘‘SEC. 4401. øRESERVED¿. 6 øReserved¿ ‘‘CHAPTER 329—OPERATIONAL TEST AND 7 EVALUATION; DEVELOPMENTAL TEST 8 AND EVALUATION 9 ‘‘SEC. 4451. øRESERVED¿. 10 øReserved¿ ‘‘Subpart G—Other Special Categories Of 11 Contracting 12 ‘‘CHAPTER 341—CONTRACTING FOR PER- 13 FORMANCE OF CIVILIAN COMMER- 14 CIAL OR INDUSTRIAL TYPE FUNC- 15 TIONS 16 ‘‘SEC. 4501. øRESERVED¿. 17 øReserved¿ ‘‘CHAPTER 343—ACQUISITION OF 18 SERVICES 19 ‘‘SEC. 4541. øRESERVED¿. 20 øReserved¿ VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00375 Fmt 6652 Sfmt 6301 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 376 HR 5515 PCS ‘‘CHAPTER 345—ACQUISITION OF 1 INFORMATION TECHNOLOGY 2 ‘‘SEC. 4571. øRESERVED¿. 3 øReserved¿ ‘‘Subpart H—Contract Management 4 ‘‘CHAPTER 361—CONTRACT 5 ADMINISTRATION 6 ‘‘SEC. 4601. øRESERVED¿. 7 øReserved¿ ‘‘CHAPTER 363—PROHIBITIONS AND 8 PENALTIES 9 ‘‘SEC. 4651. øRESERVED¿. 10 øReserved¿ ‘‘CHAPTER 365—CONTRACTOR 11 WORKFORCE 12 ‘‘SEC. 4701. øRESERVED¿. 13 øReserved¿ ‘‘CHAPTER 367—OTHER ADMINISTRATIVE 14 AND MISCELLANEOUS PROVISIONS 15 ‘‘SEC. 4751. øRESERVED¿. 16 øReserved¿ VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00376 Fmt 6652 Sfmt 6301 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 377 HR 5515 PCS ‘‘Subpart I—Defense Industrial Base 1 ‘‘CHAPTER 381—DEFENSE INDUSTRIAL 2 BASE GENERALLY 3 ‘‘SEC. 4801. øRESERVED¿. 4 øReserved¿ ‘‘CHAPTER 383—LOAN GUARANTEE 5 PROGRAMS 6 ‘‘SEC. 4861. øRESERVED¿. 7 øReserved¿ ‘‘CHAPTER 385—PROCUREMENT TECH- 8 NICAL ASSISTANCE COOPERATIVE 9 AGREEMENT PROGRAM 10 ‘‘SEC. 4881. øRESERVED¿. 11 øReserved¿ (b) TABLE OF CHAPTERS AMENDMENT.—The table 12 of chapters at the beginning of subtitle A is amended by 13 adding at the end the following new items: 14 ‘‘PART V—ACQUISITION 15 ‘‘Chap. Sec. ‘‘SUBPART A—GENERAL ‘‘201. Definitions ...................................................................................... 3001 ‘‘203. General Matters ............................................................................. 3021 ‘‘205. Defense Acquisition System ........................................................... 3051 ‘‘207. Budgeting and Appropriations Matters ......................................... 3101 ‘‘209. Overseas Contingency Operations .................................................. 3151 ‘‘SUBPART B—ACQUISITION PLANNING ‘‘221. Planning and Solicitation Generally .............................................. 3201 ‘‘223. Planning and Solicitation Relating to Particular Items or Serv- ices ................................................................................ 3251 ‘‘SUBPART C—CONTRACTING METHODS AND CONTRACT TYPES VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00377 Fmt 6652 Sfmt 6211 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 378 HR 5515 PCS ‘‘241. Awarding of Contracts ................................................................... 3301 ‘‘243. Specific Types of Contracts ........................................................... 3351 ‘‘245. Task and Delivery Order Contracts (Multiple Award Contracts) 3401 ‘‘247. Acquisition of Commercial Items ................................................... 3451 ‘‘249. Multiyear Contracts ....................................................................... 3501 ‘‘251. Simplified Acquisition Procedures ................................................. 3551 ‘‘253. Emergency and Rapid Acquisitions ............................................... 3601 ‘‘255. Contracting With or Through Other Agencies .............................. 3651 ‘‘SUBPART D—GENERAL CONTRACTING REQUIREMENTS ‘‘271. Truthful Cost or Pricing Data ...................................................... 3701 ‘‘273. Allowable Costs .............................................................................. 3741 ‘‘275. Proprietary Contractor Data and Technical Data ........................ 3771 ‘‘277. Contract Financing ........................................................................ 3801 ‘‘279. Contractor Audits and Accounting ................................................ 3841 ‘‘281. Claims and Disputes ...................................................................... 3861 ‘‘283. Foreign Acquisitions ...................................................................... 3881 ‘‘285. Small Business Programs .............................................................. 3901 ‘‘287. Socioeconomic Programs ................................................................ 3961 ‘‘SUBPART E—SPECIAL CATEGORIES OF CONTRACTING: MAJOR DEFENSE ACQUISITION PROGRAMS AND MAJOR SYSTEMS ‘‘301. Major Defense Acquisition Programs ............................................ 4001 ‘‘303. Weapon Systems Development and Related Matters .................... 4071 ‘‘305. Other Matters Relating to Major Systems .................................... 4121 ‘‘SUBPART F—SPECIAL CATEGORIES OF CONTRACTING: RESEARCH, DEVELOPMENT, TEST, AND EVALUATION ‘‘321. Research and Development Generally ............................................ 4201 ‘‘323. Innovation ...................................................................................... 4301 ‘‘325. Department of Defense Laboratories ............................................ 4351 ‘‘327. Research and Development Centers and Facilities ....................... 4401 ‘‘329. Operational Test and Evaluation; Developmental Test and Eval- uation ............................................................................ 4451 ‘‘SUBPART G—OTHER SPECIAL CATEGORIES OF CONTRACTING ‘‘341. Contracting for Performance of Civilian Commercial or Indus- trial Type Functions ..................................................... 4501 ‘‘343. Acquisition of Services ................................................................... 4541 ‘‘345. Acquisition of Information Technology .......................................... 4571 ‘‘SUBPART H—CONTRACT MANAGEMENT ‘‘361. Contract Administration ................................................................ 4601 ‘‘363. Prohibitions and Penalties ............................................................. 4651 ‘‘365. Contractor Workforce .................................................................... 4701 ‘‘367. Other Administrative and Miscellaneous Provisions ...................... 4751 ‘‘SUBPART I—DEFENSE INDUSTRIAL BASE ‘‘381. Defense Industrial Base Generally ................................................ 4801 ‘‘383. Loan Guarantee Programs ............................................................ 4861 ‘‘385. Procurement Technical Assistance Cooperative Agreement Pro- gram .............................................................................. 4881’’. VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00378 Fmt 6652 Sfmt 6211 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 379 HR 5515 PCS PART II—REDESIGNATION OF SECTIONS AND 1 CHAPTERS OF SUBTITLES B, C, AND D TO 2 PROVIDE ROOM FOR NEW PART V OF SUB- 3 TITLE A 4 SEC. 806. REDESIGNATION OF SECTIONS AND CHAPTERS 5 OF SUBTITLE D OF TITLE 10, UNITED STATES 6 CODE—AIR FORCE. 7 (a) SUBTITLE D, PART III, SECTION NUMBERS.— 8 The sections in part III of subtitle D of title 10, United 9 States Code, are redesignated as follows: 10 (1) CHAPTER 909.—Each section in chapter 909 11 is redesignated so that the number of the section, as 12 redesignated, is the number equal to the previous 13 number plus 50. 14 (2) CHAPTER 907.—Each section in chapter 907 15 is redesignated so that the number of the section, as 16 redesignated, is the number equal to the previous 17 number plus 70. 18 (3) CHAPTERS 901 AND 903.—Each section in 19 chapter 901 and chapter 903 is redesignated so that 20 the number of the section, as redesignated, is the 21 number equal to the previous number plus 100. 22 (b) SUBTITLE D, PART II, SECTION NUMBERS.—The 23 sections in part II of such subtitle are redesignated as fol- 24 lows: 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00379 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 380 HR 5515 PCS (1) CHAPTER 831.—Section 8210 is redesig- 1 nated as section 9110. 2 (2) CHAPTER 833.—Sections 8251, 8252, 8257, 3 and 8258 are redesignated as sections 9131, 9132, 4 9137, and 9138, respectively. 5 (3) CHAPTER 835.—Sections 8281 and 8310 6 are redesignated as sections 9151 and 9160, respec- 7 tively. 8 (4) CHAPTER 839.—Section 8446 is redesig- 9 nated as section 9176. 10 (5) CHAPTER 841.—Sections 8491 and 8503 11 are redesignated as sections 9191 and 9203, respec- 12 tively. 13 (6) CHAPTER 843.—Sections 8547 and 8548 14 are redesignated as sections 9217 and 9218, respec- 15 tively. 16 (7) CHAPTER 845.—Sections 8572, 8575, 8579, 17 8581, and 8583 are redesignated as sections 9222, 18 9225, 9229, 9231, and 9233, respectively. 19 (8) CHAPTER 849.—Section 8639 is redesig- 20 nated as section 9239. 21 (9) CHAPTER 853.—Sections 8681, 8684, and 22 8691 are redesignated as sections 9251, 9252, and 23 9253, respectively. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00380 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 381 HR 5515 PCS (10) CHAPTER 855.—Section 8723 is redesig- 1 nated as section 9263. 2 (11) CHAPTER 857.—Each section in chapter 3 857 is redesignated so that the number of the sec- 4 tion, as redesignated, is the number equal to the 5 previous number plus 530. 6 (12) CHAPTER 861.—Section 8817 is redesig- 7 nated as section 9307. 8 (13) CHAPTER 867.—Each section in chapter 9 867 is redesignated so that the number of the sec- 10 tion, as redesignated, is the number equal to the 11 previous number plus 400. 12 (14) CHAPTER 869.—Sections 8961, 8962, 13 8963, 8964, 8965, and 8966 are redesignated as 14 sections 9341, 9342, 9343, 9344, 9345, and 9346, 15 respectively. 16 (15) CHAPTER 871.—Sections 8991 and 8992 17 are redesignated as sections 9361 and 9362, respec- 18 tively. 19 (16) CHAPTER 873.—Sections 9021, 9025, and 20 9027 are redesignated as sections 9371, 9375, and 21 9377, respectively. 22 (17) CHAPTER 875.—Section 9061 is redesig- 23 nated as section 9381. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00381 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 382 HR 5515 PCS (c) SUBTITLE D, PART I, SECTION NUMBERS.— 1 Each section in part I of such subtitle is redesignated so 2 that the number of the section, as redesignated, is the 3 number equal to the previous number plus 1,000. 4 (d) SUBTITLE D CHAPTER NUMBERS.— 5 (1) PART IV CHAPTER NUMBERS.—Each chap- 6 ter in part IV of such subtitle is redesignated so 7 that the number of the chapter, as redesignated, is 8 the number equal to the previous number plus 30. 9 (2) PART III CHAPTER NUMBERS.—Each chap- 10 ter in part III of such subtitle is redesignated so 11 that the number of the chapter, as redesignated, is 12 the number equal to the previous number plus 50. 13 (3) PART II CHAPTER NUMBERS.— 14 (A) IN GENERAL.—Except as provided in 15 subparagraph (B), each chapter in part II of 16 such subtitle is redesignated so that the number 17 of the chapter, as redesignated, is the number 18 equal to the previous number plus 80. 19 (B) OTHER CHAPTERS.— 20 (i) Chapter 861 is redesignated as 21 chapter 939. 22 (ii) Chapters 867, 869, 871, 873, and 23 875 are each redesignated so that the 24 number of the chapter, as redesignated, is 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00382 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 383 HR 5515 PCS the number equal to the previous number 1 plus 74. 2 (4) PART I CHAPTER NUMBERS.—Each chapter 3 in part I of such subtitle is redesignated so that the 4 number of the chapter, as redesignated, is the num- 5 ber equal to the previous number plus 100. 6 (e) SUBTITLE D TABLES OF SECTIONS AND TABLES 7 OF CHAPTERS.— 8 (1) TABLES OF SECTIONS.—The tables of sec- 9 tions at the beginning of the chapters of such sub- 10 title are revised so as to conform the section ref- 11 erences in those tables to the redesignations made 12 by subsections (a), (b), and (c). 13 (2) TABLES OF CHAPTERS.—The table of chap- 14 ters at the beginning of such subtitle, and the tables 15 of chapters at the beginning of each part of such 16 subtitle, are revised so as to conform the chapter 17 references and section references in those tables to 18 the redesignations made by this section. 19 SEC. 807. REDESIGNATION OF SECTIONS AND CHAPTERS 20 OF SUBTITLE C OF TITLE 10, UNITED STATES 21 CODE—NAVY AND MARINE CORPS. 22 (a) SUBTITLE C, PART I, SECTION NUMBERS.— 23 (1) IN GENERAL.—Except as provided in para- 24 graph (2), each section in part I of subtitle C of title 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00383 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 384 HR 5515 PCS 10, United States Code, is redesignated so that the 1 number of the section, as redesignated, is the num- 2 ber equal to the previous number plus 3,000. 3 (2) CHAPTER 513.—For sections in chapter 4 513, each section is redesignated so that the number 5 of the section, as redesignated, is the number equal 6 to the previous number plus 2,940. 7 (b) SUBTITLE C, PART II, SECTION NUMBERS.—The 8 sections in part II of such subtitle are redesignated as fol- 9 lows: 10 (1) CHAPTER 533.—Sections 5441, 5450, and 11 5451 are redesignated as sections 8101, 8102, and 12 8103, respectively. 13 (2) CHAPTER 535.—Sections 5501, 5502, 5503, 14 and 5508 are redesignated as sections 8111, 8112, 15 8113, and 8118, respectively. 16 (3) CHAPTER 537.—Section 5540 is redesig- 17 nated as section 8120. 18 (4) CHAPTER 539.—Sections 5582, 5585, 5587, 19 5587a, 5589, and 5596 are redesignated as sections 20 8132, 8135, 8137, 8138, 8139, and 8146, respec- 21 tively. 22 (5) CHAPTER 544.—Section 5721 is redesig- 23 nated as section 8151. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00384 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 385 HR 5515 PCS (6) CHAPTER 551.—Each section in chapter 551 1 is redesignated so that the number of the section, as 2 redesignated, is the number equal to the previous 3 number plus 2,220. 4 (7) CHAPTER 553.—Sections 5983, 5985, and 5 5986 are redesignated as sections 8183, 8185, and 6 8186, respectively. 7 (8) CHAPTER 555.—The sections in chapter 555 8 are redesignated as follows: 9 Section Redesignated Section 6011 8211 6012 8212 6013 8213 6014 8214 6019 8215 6021 8216 6022 8217 6024 8218 6027 8219 6029 8220 6031 8221 6032 8222 6035 8225 6036 8226 (9) CHAPTER 557.—Each section in chapter 557 10 is redesignated so that the number of the section, as 11 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00385 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 386 HR 5515 PCS redesignated, is the number equal to the previous 1 number plus 2,160. 2 (10) CHAPTER 559.—Section 6113 is redesig- 3 nated as section 8253. 4 (11) CHAPTER 561.—The sections in chapter 5 561 are redesignated as follows: 6 Section Redesignated Section 6141 8261 6151 8262 6152 8263 6153 8264 6154 8265 6155 8266 6156 8267 6160 8270 6161 8271 (12) CHAPTER 563.—Sections 6201, 6202, and 7 6203 are redesignated as sections 8281, 8282, and 8 8283, respectively. 9 (13) CHAPTER 565.—Sections 6221 and 6222 10 are redesignated as sections 8286 and 8287, respec- 11 tively. 12 (14) CHAPTER 567.—Each section in chapter 13 567 is redesignated so that the number of the sec- 14 tion, as redesignated, is the number equal to the 15 previous number plus 2,050. 16 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00386 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 387 HR 5515 PCS (15) CHAPTER 569.—Section 6292 is redesig- 1 nated as section 8317. 2 (16) CHAPTER 571.—Each section in chapter 3 571 is redesignated so that the number of the sec- 4 tion, as redesignated, is the number equal to the 5 previous number plus 2,000. 6 (17) CHAPTER 573.—Sections 6371, 6383, 7 6389, 6404, and 6408 are redesignated as sections 8 8371, 8372, 8373, 8374, and 8375, respectively. 9 (18) CHAPTER 575.—Sections 6483, 6484, 10 6485, and 6486 are redesignated as sections 8383, 11 8384, 8385, and 8386, respectively. 12 (19) CHAPTER 577.—Section 6522 is redesig- 13 nated as section 8392. 14 (c) SUBTITLE C, PART III, SECTION NUMBERS.— 15 (1) IN GENERAL.—Except as provided in para- 16 graph (2), each section in part III of such subtitle 17 is redesignated so that the number of the section, as 18 redesignated, is the number equal to the previous 19 number plus 1,500. 20 (2) CHAPTER 609.—Sections 7101, 7102, 7103, 21 and 7104 are redesignated as sections 8591, 8592, 22 8593, and 8594, respectively. 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00387 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 388 HR 5515 PCS (d) SUBTITLE C, PART IV, SECTION NUMBERS.— 1 The sections in part IV of such subtitle are redesignated 2 as follows: 3 (1) CHAPTER 631.—Each section in chapter 631 4 is redesignated so that the number of the section, as 5 redesignated, is the number equal to the previous 6 number plus 1,400. 7 (2) CHAPTER 633.—Each section in chapter 633 8 is redesignated so that the number of the section, as 9 redesignated, is the number equal to the previous 10 number plus 1,370. 11 (3) CHAPTER 637.—Sections 7361, 7362, 7363, 12 and 7364 are redesignated as sections 8701, 8702, 13 8703, and 8704, respectively. 14 (4) CHAPTER 639.—Sections 7395 and 7396 15 are redesignated as sections 8715 and 8716, respec- 16 tively. 17 (5) CHAPTER 641.—Each section in chapter 641 18 is redesignated so that the number of the section, as 19 redesignated, is the number equal to the previous 20 number plus 1,300. 21 (6) CHAPTER 643.—Sections 7472, 7473, 7476, 22 7477, 7478, 7479, and 7480 are redesignated as 23 sections 8742, 8743, 8746, 8747, 8748, 8749, and 24 8750, respectively. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00388 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 389 HR 5515 PCS (7) CHAPTER 645.—Sections 7522, 7523, and 1 7524 are redesignated as sections 8752, 8753, and 2 8754, respectively. 3 (8) CHAPTER 647.—The sections in chapter 647 4 are redesignated as follows: 5 Section Redesignated Section 7541 8761 7541a 8761a 7541b 8761b 7542 8762 7543 8763 7544 8764 7545 8745 7546 8746 7577 8747 (9) CHAPTERS 649, 651, 653, AND 655.—Each 6 section in chapters 649, 651, 653, and 655 is redes- 7 ignated so that the number of the section, as redes- 8 ignated, is the number equal to the previous number 9 plus 1,200. 10 (10) CHAPTER 657.—Each section in chapter 11 657 is redesignated so that the number of the sec- 12 tion, as redesignated, is the number equal to the 13 previous number plus 1,170. 14 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00389 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 390 HR 5515 PCS (11) CHAPTER 659.—Sections 7851, 7852, 1 7853, and 7854 are redesignated as sections 8901, 2 8902, 8903, and 8904, respectively. 3 (12) CHAPTER 661.—Sections 7861, 7862, and 4 7863 are redesignated as sections 8911, 8912, and 5 8913, respectively. 6 (13) CHAPTER 663.—Section 7881 is redesig- 7 nated as section 8921. 8 (14) CHAPTER 665.—Sections 7901, 7902, and 9 7903 are redesignated as sections 8931, 8932, and 10 8933, respectively. 11 (15) CHAPTER 667.—Sections 7912 and 7913 12 are redesignated as sections 8942 and 8943, respec- 13 tively. 14 (16) CHAPTER 669.—Section 7921 is redesig- 15 nated as section 8951. 16 (e) SUBTITLE C CHAPTER NUMBERS.— 17 (1) PART I CHAPTER NUMBERS.—Each chapter 18 in part I of such subtitle is redesignated so that the 19 number of the chapter, as redesignated, is the num- 20 ber equal to the previous number plus 300, except 21 that chapter 513 is redesignated as chapter 809. 22 (2) PART II CHAPTER NUMBERS.— 23 (A) IN GENERAL.—Except as provided in 24 subparagraph (B), each chapter in part II of 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00390 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 391 HR 5515 PCS such subtitle is redesignated so that the number 1 of the chapter, as redesignated, is the number 2 equal to the previous number plus 270. 3 (B) OTHER CHAPTERS.—Chapter 533 is 4 redesignated as chapter 811, chapter 535 is re- 5 designated as chapter 812, chapter 537 is re- 6 designated as chapter 813, chapter 539 is re- 7 designated as chapter 815, and chapter 544 is 8 redesignated as chapter 817. 9 (3) PART III CHAPTER NUMBERS.—Each chap- 10 ter in part III of such subtitle is redesignated so 11 that the number of the chapter, as redesignated, is 12 the number equal to the previous number plus 250. 13 (4) PART IV CHAPTER NUMBERS.—Each chap- 14 ter in part IV of such subtitle is redesignated so 15 that the number of the chapter, as redesignated, is 16 the number equal to the previous number plus 228, 17 except that chapter 631 is redesignated as chapter 18 861 and chapter 633 is redesignated as chapter 863. 19 (f) SUBTITLE C TABLES OF SECTIONS AND TABLES 20 OF CHAPTERS.— 21 (1) TABLES OF SECTIONS.—The table of sec- 22 tions at the beginning of each chapter of such sub- 23 title is revised so as to conform the section ref- 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00391 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 392 HR 5515 PCS erences in the table to the redesignations made by 1 subsections (a), (b), (c), and (d). 2 (2) TABLES OF CHAPTERS.—The table of chap- 3 ters at the beginning of such subtitle, and the tables 4 of chapters at the beginning of each part of such 5 subtitle, are revised so as to conform the chapter 6 references and section references in those tables to 7 the redesignations made by this section. 8 SEC. 808. REDESIGNATION OF SECTIONS AND CHAPTERS 9 OF SUBTITLE B OF TITLE 10, UNITED STATES 10 CODE—ARMY. 11 (a) SUBTITLE B, PART I, SECTION NUMBERS.— 12 Each section in part I of subtitle B of title 10, United 13 States Code, is redesignated so that the number of the 14 section, as redesignated, is the number equal to the pre- 15 vious number plus 4,000. 16 (b) SUBTITLE B, PART II, SECTION NUMBERS.—The 17 sections in part II of such subtitle are redesignated as fol- 18 lows: 19 (1) CHAPTER 331.—Section 3210 is redesig- 20 nated as section 7110. 21 (2) CHAPTER 333.—Sections 3251, 3258, and 22 3262 are redesignated as sections 7131, 7138, and 23 7142, respectively. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00392 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 393 HR 5515 PCS (3) CHAPTER 335.—Sections 3281, 3282, 3283, 1 and 3310 are redesignated as sections 7151, 7152, 2 7153, and 7160, respectively. 3 (4) CHAPTER 339.—Section 3446 is redesig- 4 nated as sections 7176. 5 (5) CHAPTER 341.—Sections 3491 and 3503 6 are redesignated as sections 7191 and 7203, respec- 7 tively. 8 (6) CHAPTER 343.—Sections 3533, 3534, 3536, 9 3547 and 3548 are redesignated as sections 7213, 10 7214, 7316, 7217, and 7218, respectively. 11 (7) CHAPTER 345.—Sections 3572, 3575, 3579, 12 3581, and 3583 are redesignated as sections 7222, 13 7225, 7229, 7231, and 7233, respectively. 14 (8) CHAPTER 349.—Section 3639 is redesig- 15 nated as section 7239. 16 (9) CHAPTER 353.—Sections 3681, 3684, and 17 3691 are redesignated as sections 7251, 7252, and 18 7253, respectively. 19 (10) CHAPTER 355.—Section 3723 is redesig- 20 nated as section 7263. 21 (11) CHAPTER 357.—Each section in chapter 22 357 is redesignated so that the number of the sec- 23 tion, as redesignated, is the number equal to the 24 previous number plus 3,530. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00393 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 394 HR 5515 PCS (12) CHAPTER 367.—Each section in chapter 1 367 is redesignated so that the number of the sec- 2 tion, as redesignated, is the number equal to the 3 previous number plus 3,400. 4 (13) CHAPTER 369.—Sections 3961, 3962, 5 3963, 3964, 3965, and 3966 are redesignated as 6 sections 7341, 7342, 7343, 7344, 7345, and 7346, 7 respectively. 8 (14) CHAPTER 371.—Sections 3991 and 3992 9 are redesignated as sections 7361 and 7362, respec- 10 tively. 11 (15) CHAPTER 373.—Sections 4021, 4024, 12 4025, and 4027 are redesignated as sections 7371, 13 7374, 7375, and 7377, respectively. 14 (16) CHAPTER 375.—Section 4061 is redesig- 15 nated as section 7381. 16 (c) SUBTITLE B, PART III, SECTION NUMBERS.— 17 (1) IN GENERAL.—Except as provided in para- 18 graph (2), each section in part III of such subtitle 19 is redesignated so that the number of the section, as 20 redesignated, is the number equal to the previous 21 number plus 3,100. 22 (2) CHAPTER 407.—Each section in chapter 407 23 is redesignated so that the number of the section, as 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00394 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 395 HR 5515 PCS redesignated, is the number equal to the previous 1 number plus 3,070. 2 (d) SUBTITLE B, PART IV, SECTION NUMBERS.— 3 Each section in part IV of such subtitle is redesignated 4 so that the number of the section, as redesignated, is the 5 number equal to the previous number plus 3,000. 6 (e) SUBTITLE B CHAPTER NUMBERS.— 7 (1) PART I CHAPTER NUMBERS.—Each chapter 8 in part I of such subtitle is redesignated so that the 9 number of the chapter, as redesignated, is the num- 10 ber equal to the previous number plus 400. 11 (2) PART II CHAPTER NUMBERS.— 12 (A) IN GENERAL.—Except as provided in 13 subparagraph (B), each chapter in part II of 14 such subtitle is redesignated so that the number 15 of the chapter, as redesignated, is the number 16 equal to the previous number plus 380. 17 (B) OTHER CHAPTERS.—Chapters 367, 18 369, 371, 373, and 375 are each redesignated 19 so that the number of the chapter, as redesig- 20 nated, is the number equal to the previous 21 number plus 374. 22 (3) PART III CHAPTER NUMBERS.—Each chap- 23 ter in part III of such subtitle is redesignated so 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00395 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 396 HR 5515 PCS that the number of the chapter, as redesignated, is 1 the number equal to the previous number plus 350. 2 (4) PART IV CHAPTER NUMBERS.—Each chap- 3 ter in part IV of such subtitle is redesignated so 4 that the number of the chapter, as redesignated, is 5 the number equal to the previous number plus 330. 6 (f) SUBTITLE B TABLES OF SECTIONS AND TABLES 7 OF CHAPTERS.— 8 (1) TABLES OF SECTIONS.—The table of sec- 9 tions at the beginning of each chapter of such sub- 10 title is revised so as to conform the section ref- 11 erences in the table to the redesignations made by 12 subsections (a), (b), (c), and (d). 13 (2) TABLES OF CHAPTERS.—The table of chap- 14 ters at the beginning of such subtitle, and the tables 15 of chapters at the beginning of each part of such 16 subtitle, are revised so as to conform the chapter 17 references and section references in those tables to 18 the redesignations made by this section. 19 SEC. 809. CROSS REFERENCES TO REDESIGNATED SEC- 20 TIONS AND CHAPTERS. 21 (a) AMENDMENTS TO REFERENCES IN TITLE 10.— 22 Each provision of title 10, United States Code (including 23 the table of subtitles preceding subtitle A), that contains 24 a reference to a section or chapter redesignated by this 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00396 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 397 HR 5515 PCS subtitle is amended so that the reference refers to the 1 number of the section or chapter as redesignated. 2 (b) DEEMING RULE FOR OTHER REFERENCES.— 3 Any reference in a provision of law other than title 10, 4 United States Code, to a section or chapter redesignated 5 by this subtitle shall be deemed to refer to the section or 6 chapter as so redesignated. 7 PART III—REPEALS OF CERTAIN PROVISIONS OF 8 DEFENSE ACQUISITION LAW 9 SEC. 811. AMENDMENT TO AND REPEAL OF STATUTORY RE- 10 QUIREMENTS FOR CERTAIN POSITIONS OR 11 OFFICES IN THE DEPARTMENT OF DEFENSE. 12 (a) AMENDMENT TO STATUTORY REQUIREMENT FOR 13 DIRECTOR OF CORROSION POLICY AND OVERSIGHT.— 14 (1) IN GENERAL.—Section 2228 of title 10, 15 United States Code, is amended— 16 (A) by amending subsection (a) to read as 17 follows: 18 ‘‘(a) ESTABLISHMENT.—There is established an Of- 19 fice of Corrosion Policy and Oversight within the Depart- 20 ment of Defense, which shall be headed by a Director of 21 Corrosion Policy and Oversight.’’; 22 (B) by striking subsections (b) and (c); 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00397 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 398 HR 5515 PCS (C) by redesignating subsections (d), (e), 1 and (f) as subsections (b), (c), and (d), respec- 2 tively; and 3 (D) in subsection (c) (as so resdesignated), 4 by striking ‘‘subsection (d)’’ each place it ap- 5 pears and inserting ‘‘subsection (b)’’. 6 (2) CONFORMING AMENDMENT.—Section 1067 7 of the Bob Stump National Defense Authorization 8 Act for Fiscal Year 2003 (Public Law 107–314; 116 9 Stat. 2658, 2659; 10 U.S.C. 2228 note) is amended 10 by striking subsections (b), (c), (d), and (e). 11 (b) REPEAL OF STATUTORY REQUIREMENT FOR DI- 12 RECTOR OF THE OFFICE OF PERFORMANCE ASSESSMENT 13 AND ROOT CAUSE ANALYSIS.— 14 (1) REPEAL.— 15 (A) IN GENERAL.—Section 2438 of title 16 10, United States Code, is repealed. 17 (B) CLERICAL AMENDMENT.—The table of 18 sections at the beginning of chapter 144 of such 19 title is amended by striking the item relating to 20 section 2438. 21 (2) CONFORMING AMENDMENTS.— 22 (A) Section 131(b)(9) of such title is 23 amended by striking subparagraph (I). 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00398 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 399 HR 5515 PCS (B) Section 2548(a) of such title is amend- 1 ed by striking ‘‘, the Director of Procurement 2 and Acquisition Policy, and the Director of the 3 Office of Performance Assessment and Root 4 Cause Analysis,’’ and inserting ‘‘and the Direc- 5 tor of Procurement and Acquisition Policy’’. 6 (C) Section 882 of the Ike Skelton Na- 7 tional Defense Authorization Act for Fiscal 8 Year 2011 (Public Law 111–383; 10 U.S.C. 9 2222 note) is amended by striking subsection 10 (a). 11 (c) REPEAL OF STATUTORY REQUIREMENT FOR OF- 12 FICE OF TECHNOLOGY TRANSITION.— 13 (1) REPEAL.—Section 2515 of title 10, United 14 States Code, is repealed. 15 (2) CLERICAL AMENDMENT.—The table of sec- 16 tions at the beginning of subchapter III of chapter 17 148 of such title is amended by striking the item re- 18 lating to section 2515. 19 (d) REPEAL OF STATUTORY REQUIREMENT FOR OF- 20 FICE FOR FOREIGN DEFENSE CRITICAL TECHNOLOGY 21 MONITORING AND ASSESSMENT.— 22 (1) REPEAL.—Section 2517 of title 10, United 23 States Code, is repealed. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00399 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 400 HR 5515 PCS (2) CLERICAL AMENDMENT.—The table of sec- 1 tions at the beginning of subchapter III of chapter 2 148 of such title is amended by striking the item re- 3 lating to section 2517. 4 (e) REPEAL OF STATUTORY REQUIREMENT FOR 5 SMALL BUSINESS OMBUDSMAN FOR DEFENSE CONTRACT 6 AUDIT AGENCY AND DEFENSE CONTRACT MANAGEMENT 7 AGENCY.— 8 (1) REPEAL.—Section 204 of title 10, United 9 States Code, is repealed. 10 (2) CLERICAL AMENDMENT.—The table of sec- 11 tions at the beginning of subchapter II of chapter 8 12 of such title is amended by striking the item relating 13 to section 204. 14 (f) REPEAL OF STATUTORY REQUIREMENT FOR DE- 15 FENSE LOGISTICS AGENCY ADVOCATE FOR COMPETI- 16 TION.— 17 (1) REPEAL.—Section 2318 of title 10, United 18 States Code, is amended— 19 (A) by striking subsection (a); and 20 (B) by striking ‘‘(b)’’ before ‘‘Each advo- 21 cate’’. 22 (2) TECHNICAL AMENDMENTS.—Such section is 23 further amended— 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00400 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 401 HR 5515 PCS (A) by striking ‘‘advocate for competition 1 of’’ and inserting ‘‘advocate for competition 2 designated pursuant to section 1705(a) of title 3 41 for’’; and 4 (B) by striking ‘‘a grade GS–16 or above 5 under the General Schedule (or in a comparable 6 or higher position under another schedule)’’ and 7 inserting ‘‘in a position classified above GS–15 8 pursuant to section 5108 of title 5’’. 9 (g) SUNSET FOR STATUTORY DESIGNATION OF SEN- 10 IOR DEPARTMENT OF DEFENSE OFFICIAL WITH PRIN- 11 CIPAL RESPONSIBILITY FOR DIRECTED ENERGY WEAP- 12 ONS.—Section 219 of the National Defense Authorization 13 Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 14 2431 note) is amended by adding at the end the following 15 new subsection: 16 ‘‘(d) SUNSET.—The provisions of subsection (a) and 17 of paragraphs (2) and (3) of subsection (b) shall cease 18 to be in effect as of September 30, 2022.’’. 19 (h) REPEAL OF STATUTORY REQUIREMENT FOR 20 DESIGNATION OF INDIVIDUAL TO SERVE AS PRIMARY LI- 21 AISON BETWEEN THE PROCUREMENT AND RESEARCH 22 AND DEVELOPMENT ACTIVITIES OF THE UNITED STATES 23 ARMED FORCES AND THOSE OF THE STATE OF 24 ISRAEL.—Section 1006 of the National Defense Author- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00401 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 402 HR 5515 PCS ization Act, Fiscal Year 1989 (Public Law 100–456; 102 1 Stat. 2040; 10 U.S.C. 133a note) is repealed. 2 (i) REPEAL OF STATUTORY REQUIREMENT FOR DES- 3 IGNATION OF SENIOR OFFICIAL TO COORDINATE AND 4 MANAGE HUMAN SYSTEMS INTEGRATION ACTIVITIES RE- 5 LATED TO ACQUISITION PROGRAMS.—Section 231 of the 6 National Defense Authorization Act for Fiscal Year 2008 7 (Public Law 110–181; 122 Stat. 45; 10 U.S.C. 1701 note) 8 is amended— 9 (1) by striking ‘‘(a) IN GENERAL.—’’; and 10 (2) by striking subsections (b), (c), and (d). 11 (j) REPEAL OF STATUTORY REQUIREMENT FOR DES- 12 IGNATION OF SENIOR OFFICIAL RESPONSIBLE FOR 13 FOCUS ON URGENT OPERATIONAL NEEDS AND RAPID 14 ACQUISITION.—Section 902 of the National Defense Au- 15 thorization Act for Fiscal Year 2013 (Public Law 112– 16 239; 126 Stat. 1865; 10 U.S.C. 2302 note) is repealed. 17 (k) REPEAL OF STATUTORY REQUIREMENT FOR 18 DESIGNATION OF SENIOR OFFICIAL RESPONSIBLE FOR 19 DUAL-USE PROJECTS UNDER DUAL-USE SCIENCE AND 20 TECHNOLOGY PROGRAM.—Section 203 of the National 21 Defense Authorization Act for Fiscal Year 1998 (Public 22 Law 105–85; 10 U.S.C. 2511 note) is amended by striking 23 subsection (c). 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00402 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 403 HR 5515 PCS (l) REPEAL OF STATUTORY REQUIREMENT FOR DES- 1 IGNATION OF SENIOR OFFICIAL AS EXECUTIVE AGENT 2 FOR PRINTED CIRCUIT BOARD TECHNOLOGY.—Section 3 256 of the National Defense Authorization Act for Fiscal 4 Year 2009 (Public Law 110–417; 122 Stat. 4404; 10 5 U.S.C. 2501 note) is repealed. 6 (m) SUBMISSION OF NOTICE AND PLAN TO CON- 7 GRESS.—Not later than 30 days before reorganizing, re- 8 structuring, or eliminating any position or office specified 9 in this section, the Secretary shall submit to the Commit- 10 tees on Armed Services of the Senate and House of Rep- 11 resentatives notice of such reorganization, restructuring, 12 or elimination together with a plan to ensure that mission 13 requirements are met and appropriate oversight is con- 14 ducted in carrying out such reorganization, restructuring, 15 or elimination. Such plan shall address how user needs 16 will be met and how associated roles and responsibilities 17 will be accomplished for each position or office that the 18 Secretary determines requiring reorganization, restruc- 19 turing, or elimination. 20 SEC. 812. REPEAL OF CERTAIN DEFENSE ACQUISITION 21 LAWS. 22 (a) TITLE 10, UNITED STATES CODE.— 23 (1) SECTION 167A.— 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00403 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 404 HR 5515 PCS (A) REPEAL.—Section 167a of title 10, 1 United States Code, is repealed. 2 (B) CLERICAL AMENDMENT.—The table of 3 sections at the beginning of chapter 6 of such 4 title is amended by striking the item relating to 5 section 167a. 6 (C) CONFORMING AMENDMENT.—Section 7 905(a)(1) of the John Warner National Defense 8 Authorization Act for Fiscal Year 2007 (Public 9 Law 109–364; 10 U.S.C. 133a note) is amend- 10 ed by striking ‘‘166b, 167, or 167a’’ and insert- 11 ing ‘‘166b or 167’’. 12 (2) SECTION 2323.— 13 (A) REPEAL.—Section 2323 of title 10, 14 United States Code, is repealed. 15 (B) CLERICAL AMENDMENT.—The table of 16 sections at the beginning of chapter 137 of such 17 title is amended by striking the item relating to 18 section 2323. 19 (C) CONFORMING AMENDMENTS.— 20 (i) Section 853(c) of the National De- 21 fense Authorization Act for Fiscal Year 22 2004 (Public Law 108–136; 10 U.S.C. 23 2302 note) is amended by striking ‘‘section 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00404 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 405 HR 5515 PCS 2323 of title 10, United States Code, 1 and’’. 2 (ii) Section 831(n) of the National 3 Defense Authorization Act for Fiscal Year 4 1991 (Public Law 101–510; 10 U.S.C. 5 2302 note) is amended— 6 (I) in paragraph (4), by inserting 7 ‘‘, as in effect on March 1, 2018’’ 8 after ‘‘section 2323 of title 10, United 9 States Code’’; and 10 (II) in paragraph (6), by striking 11 ‘‘section 2323 of title 10, United 12 States Code, and’’. 13 (iii) Subsection (d) of section 811 of 14 the National Defense Authorization Act for 15 Fiscal Year 1994 (Public Law 103–160; 16 10 U.S.C. 2323 note) is repealed. 17 (iv) Section 8304(1) of the Federal 18 Acquisition Streamlining Act of 1994 (10 19 U.S.C. 2375 note) is amended by striking 20 ‘‘section 2323 of title 10, United States 21 Code, or’’. 22 (v) Section 10004(a)(1) of the Fed- 23 eral Acquisition Streamlining Act of 1994 24 (41 U.S.C. 1122 note) is amended by 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00405 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 406 HR 5515 PCS striking ‘‘section 2323 of title 10, United 1 States Code, or’’. 2 (vi) Section 2304(b)(2) of title 10, 3 United States Code, is amended by strik- 4 ing ‘‘and concerns other than’’ and all that 5 follows through ‘‘this title’’. 6 (vii) Section 2304e(b) of title 10, 7 United States Code, is amended— 8 (I) by striking ‘‘other than—’’ 9 and all that follows through ‘‘small’’ 10 and inserting ‘‘other than small’’; 11 (II) by striking ‘‘; or’’ and insert- 12 ing a period; and 13 (III) by striking paragraph (2). 14 (viii) Section 2323a(a) of title 10, 15 United States Code, is amended by strik- 16 ing ‘‘section 2323 of this title and’’. 17 (ix) Section 15 of the Small Business 18 Act (15 U.S.C. 644) is amended— 19 (I) in subsection (j)(3), by strik- 20 ing ‘‘section 2323 of title 10, United 21 States Code,’’; 22 (II) in subsection (k)(10)— 23 (aa) by striking ‘‘or section 24 2323 of title 10, United States 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00406 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 407 HR 5515 PCS Code,’’ and all that follows 1 through ‘‘subsection (m),’’; and 2 (bb) by striking ‘‘subsection 3 (a),’’ and inserting ‘‘subsection 4 (a) or’’; and 5 (III) by amending subsection (m) 6 to read as follows: 7 ‘‘(m) ADDITIONAL DUTIES OF PROCUREMENT CEN- 8 TER REPRESENTATIVES.—All procurement center rep- 9 resentatives (including those referred to in subsection 10 (k)(6)), in addition to such other duties as may be as- 11 signed by the Administrator, shall increase, insofar as pos- 12 sible, the number and dollar value of procurements that 13 may be used for the programs established under this sec- 14 tion and section 8(a).’’. 15 (x) Section 1902(b)(1) of title 41, 16 United States Code, is amended by strik- 17 ing ‘‘, section 2323 of title 10,’’. 18 (3) SECTION 2332.— 19 (A) REPEAL.—Section 2332 of title 10, 20 United States Code, is repealed. 21 (B) CLERICAL AMENDMENT.—The table of 22 sections at the beginning of chapter 137 of such 23 title is amended by striking the item relating to 24 section 2332. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00407 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 408 HR 5515 PCS (b) OTHER PROVISIONS OF LAW.—The following pro- 1 visions of law are repealed: 2 (1) Section 801 of the Carl Levin and Howard 3 P. ‘‘Buck’’ McKeon National Defense Authorization 4 Act for Fiscal Year 2015 (Public Law 113–291; 10 5 U.S.C. 2223a note). 6 (2) Section 934 of the National Defense Au- 7 thorization Act for Fiscal Year 2013 (Public Law 8 112–239; 10 U.S.C. 2223a note). 9 (3) Section 804 of the National Defense Au- 10 thorization Act for Fiscal Year 2010 (Public Law 11 111–84; 10 U.S.C. 2223a note). 12 (4) Section 881 of the National Defense Au- 13 thorization Act for Fiscal Year 2008 (Public Law 14 110–181; 10 U.S.C. 2223a note). 15 (5) Section 854 of the National Defense Au- 16 thorization Act for Fiscal Year 2017 (Public Law 17 114–328; 10 U.S.C. 2302 note). 18 (6) Section 804 of the National Defense Au- 19 thorization Act for Fiscal Year 2013 (Public Law 20 112–239; 10 U.S.C. 2302 note). 21 (7) Section 829 of the National Defense Au- 22 thorization Act for Fiscal Year 2013 (Public Law 23 112–239; 10 U.S.C. 2302 note). 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00408 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 409 HR 5515 PCS (8) Section 818(g) of the National Defense Au- 1 thorization Act for Fiscal Year 2012 (Public Law 2 112–81; 10 U.S.C. 2302 note). 3 (9) Section 815(b) of the National Defense Au- 4 thorization Act for Fiscal Year 2008 (Public Law 5 110–181; 10 U.S.C. 2302 note). 6 (10) Section 812 of the John Warner National 7 Defense Authorization Act for Fiscal Year 2007 8 (Public Law 109–364; 10 U.S.C. 2302 note). 9 (11) Section 817 of the National Defense Au- 10 thorization Act for Fiscal Year 2006 (Public Law 11 109–163; 10 U.S.C. 2302 note). 12 (12) Section 141 of the Ronald W. Reagan Na- 13 tional Defense Authorization Act for Fiscal Year 14 2005 (Public Law 108–375; 10 U.S.C. 2302 note). 15 (13) Section 801(b) of the National Defense 16 Authorization Act for Fiscal Year 2004 (Public Law 17 108–136; 10 U.S.C. 2302 note). 18 (14) Section 805(a) of the National Defense 19 Authorization Act for Fiscal Year 2004 (Public Law 20 108–136; 10 U.S.C. 2302 note). 21 (15) Section 352 of the Bob Stump National 22 Defense Authorization Act for Fiscal Year 2003 23 (Public Law 107–314; 10 U.S.C. 2302 note). 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00409 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 410 HR 5515 PCS (16) Section 326 of the National Defense Au- 1 thorization Act for Fiscal Year 1993 (Public Law 2 102–484; 10 U.S.C. 2302 note). 3 (17) Section 9004 of the Department of De- 4 fense Appropriations Act, 1990 (Public Law 101– 5 165; 10 U.S.C. 2302 note). 6 (18) Section 895 of the National Defense Au- 7 thorization Act for Fiscal Year 2016 (Public Law 8 114–92; 10 U.S.C. 2304 note). 9 (19) Section 802 of the Duncan Hunter Na- 10 tional Defense Authorization Act for Fiscal Year 11 2009 (Public Law 110–417; 10 U.S.C. 2304 note). 12 (20) Section 821 of the National Defense Au- 13 thorization Act for Fiscal Year 2008 (Public Law 14 110–181; 10 U.S.C. 2304 note). 15 (21) Section 813 of the John Warner National 16 Defense Authorization Act for Fiscal Year 2007 17 (Public Law 109–364; 10 U.S.C. 2304 note). 18 (22) Section 391 of the National Defense Au- 19 thorization Act for Fiscal Year 1998 (Public Law 20 105–85; 10 U.S.C. 2304 note). 21 (23) Section 927(b) of Public Laws 99–500, 22 99–591, and 99–661 (10 U.S.C. 2304 note). 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00410 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 411 HR 5515 PCS (24) Section 1222(b) of the National Defense 1 Authorization Act for Fiscal Year 1987 (Public Law 2 99–661; 10 U.S.C. 2304 note). 3 (25) Section 814(b) of the National Defense 4 Authorization Act for Fiscal Year 2010 (Public Law 5 111–84; 10 U.S.C. 2304a note). 6 (26) Section 834 of the John Warner National 7 Defense Authorization Act for Fiscal Year 2007 8 (Public Law 109–364; 10 U.S.C. 2304b note). 9 (27) Section 803 of the Strom Thurmond Na- 10 tional Defense Authorization Act for Fiscal Year 11 1999 (Public Law 105–261; 10 U.S.C. 2306a note). 12 (28) Section 1075 of the National Defense Au- 13 thorization Act for Fiscal Year 1995 (Public Law 14 103–337; 10 U.S.C. 2315 note). 15 (29) Section 824(a) of the Ike Skelton National 16 Defense Authorization Act for Fiscal Year 2011 17 (Public Law 111–383; 10 U.S.C. 2320 note). 18 (30) Section 818 of the National Defense Au- 19 thorization Act for Fiscal Year 1995 (Public Law 20 103–337; 10 U.S.C. 2324 note). 21 (31) Section 812 of the National Defense Au- 22 thorization Act for Fiscal Year 2010 (Public Law 23 111–84; 10 U.S.C. 2326 note). 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00411 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 412 HR 5515 PCS (32) Sections 908(a), (b), (c), and (e) of Public 1 Laws 99–500, 99–591, and 99–661 (10 U.S.C. 2 2326 note). 3 (33) Section 882 of the National Defense Au- 4 thorization Act for Fiscal Year 2016 (Public Law 5 114–92; 10 U.S.C. 2330 note). 6 (34) Section 807 of the National Defense Au- 7 thorization Act for Fiscal Year 2012 (Public Law 8 112–81; 10 U.S.C. 2330 note). 9 (35) Section 805 of the National Defense Au- 10 thorization Act for Fiscal Year 2008 (Public Law 11 110–181; 10 U.S.C. 2330 note). 12 (36) Section 808 of the National Defense Au- 13 thorization Act for Fiscal Year 2008 (Public Law 14 110–181; 10 U.S.C. 2330 note). 15 (37) Section 812(b)–(c) of the National Defense 16 Authorization Act for Fiscal Year 2006 (Public Law 17 109–163; 10 U.S.C. 2330 note). 18 (38) Section 801(d)–(f) of the National Defense 19 Authorization Act for Fiscal Year 2002 (Public Law 20 107–107; 10 U.S.C. 2330 note). 21 (39) Section 802 of the National Defense Au- 22 thorization Act for Fiscal Year 2002 (Public Law 23 107–107; 10 U.S.C. 2330 note). 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00412 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 413 HR 5515 PCS (40) Section 831 of the Duncan Hunter Na- 1 tional Defense Authorization Act for Fiscal Year 2 2009 (Public Law 110–417; 10 U.S.C. 2330a note). 3 (41) Section 1032 of the Bob Stump National 4 Defense Authorization Act for Fiscal Year 2003 5 (Public Law 107–314; 10 U.S.C. 2358 note). 6 (42) Section 241 of the Bob Stump National 7 Defense Authorization Act for Fiscal Year 2003 8 (Public Law 107–314; 10 U.S.C. 2358 note). 9 (43) Section 606 of Public Law 92–436 (10 10 U.S.C. 2358 note). 11 (44) Section 913(b) of the National Defense 12 Authorization Act for Fiscal Year 2000 (Public Law 13 106–65; 10 U.S.C. 2364 note). 14 (45) Sections 234(a) and (b) of the National 15 Defense Authorization Act for Fiscal Year 1987 16 (Public Law 99–661; 10 U.S.C. 2364 note). 17 (46) Section 943(b) of the National Defense 18 Authorization Act for Fiscal Year 2008 (Public Law 19 110–181; 10 U.S.C. 2366a note). 20 (47) Section 801 of the National Defense Au- 21 thorization Act for Fiscal Year 1990 (Public Law 22 101–189; 10 U.S.C. 2399 note). 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00413 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 414 HR 5515 PCS (48) Section 8133 of the Department of De- 1 fense Appropriations Act, 2000 (Public Law 106– 2 79; 10 U.S.C. 2401a note). 3 (49) Section 807(b) of the John Warner Na- 4 tional Defense Authorization Act for Fiscal Year 5 2007 (Public Law 109–364; 10 U.S.C. 2410p note). 6 (50) Section 825(c)(1)–(2) of the National De- 7 fense Authorization Act for Fiscal Year 2016 (Pub- 8 lic Law 114–92; 10 U.S.C. 2430 note). 9 (51) Section 1058 of the Carl Levin and How- 10 ard P. ‘‘Buck’’ McKeon National Defense Authoriza- 11 tion Act for Fiscal Year 2015 (Public Law 113–291; 12 10 U.S.C. 2430 note). 13 (52) Section 837 of the National Defense Au- 14 thorization Act for Fiscal Year 1994 (Public Law 15 103–160; 10 U.S.C. 2430 note). 16 (53) Section 838 of the National Defense Au- 17 thorization Act for Fiscal Year 1994 (Public Law 18 103–160; 10 U.S.C. 2430 note). 19 (54) Section 809 of the National Defense Au- 20 thorization Act for Fiscal Year 1991 (Public Law 21 101–510; 10 U.S.C. 2430 note). 22 (55) Section 833 of the National Defense Au- 23 thorization Act for Fiscal Year 1994 (Public Law 24 103–160; 10 U.S.C. 2430 note). 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00414 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 415 HR 5515 PCS (56) Section 839 of the National Defense Au- 1 thorization Act for Fiscal Year 1994 (Public Law 2 103–160; 10 U.S.C. 2430 note). 3 (57) Section 819 of the National Defense Au- 4 thorization Act for Fiscal Year 1995 (Public Law 5 103–337; 10 U.S.C. 2430 note). 6 (58) Section 5064 of the Federal Acquisition 7 Streamlining Act of 1994 (Public Law 103–355; 10 8 U.S.C. 2430 note). 9 (59) Section 803 of the National Defense Au- 10 thorization Act for Fiscal Year 1997 (Public Law 11 104–201; 10 U.S.C. 2430 note). 12 (60) Section 1215 of the Department of De- 13 fense Authorization Act, 1984 (Public Law 98–94; 14 10 U.S.C. 2452 note). 15 (61) Section 328 of the National Defense Au- 16 thorization Act for Fiscal Year 2010 (Public Law 17 111–84; 10 U.S.C. 2458 note). 18 (62) Section 347 of the Strom Thurmond Na- 19 tional Defense Authorization Act for Fiscal Year 20 1999 (Public Law 105–261; 10 U.S.C. 2458 note). 21 (63) Section 349 of the Strom Thurmond Na- 22 tional Defense Authorization Act for Fiscal Year 23 1999 (Public Law 105–261; 10 U.S.C. 2458 note). 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00415 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 416 HR 5515 PCS (64) Section 395 of the National Defense Au- 1 thorization Act for Fiscal Year 1998 (Public Law 2 105–85; 10 U.S.C. 2458 note). 3 (65) Section 352 of the National Defense Au- 4 thorization Act for Fiscal Year 1996 (Public Law 5 104–106; 10 U.S.C. 2458 note). 6 (66) Section 325 of the Ronald W. Reagan Na- 7 tional Defense Authorization Act for Fiscal Year 8 2005 (Public Law 108–375; 10 U.S.C. 2461 note). 9 (67) Section 336 of the National Defense Au- 10 thorization Act for Fiscal Year 2004 (Public Law 11 108–136; 10 U.S.C. 2461 note). 12 (68) Section 353(a) of the National Defense 13 Authorization Act for Fiscal Year 1996 (Public Law 14 104–106; 10 U.S.C. 2461 note). 15 (69) Section 353(b) of the National Defense 16 Authorization Act for Fiscal Year 1996 (Public Law 17 104–106; 10 U.S.C. 2461 note). 18 (70) Section 356 of the National Defense Au- 19 thorization Act for Fiscal Year 1996 (Public Law 20 104–106; 10 U.S.C. 2461 note). 21 (71) Section 1010 of the USA Patriot Act of 22 2001 (Public Law 107–56; 10 U.S.C. 2465 note). 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00416 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 417 HR 5515 PCS (72) Section 4101 of the National Defense Au- 1 thorization Act for Fiscal Year 1993 (Public Law 2 102–484; 10 U.S.C. 2500 note). 3 (73) Section 852 of the National Defense Au- 4 thorization Act for Fiscal Year 2012 (Public Law 5 112–81; 10 U.S.C. 2504 note). 6 (74) Section 823 of the National Defense Au- 7 thorization Act for Fiscal Year 2004 (Public Law 8 108–136; 10 U.S.C. 2521 note). 9 (75) Section 823 of the Ike Skelton National 10 Defense Authorization Act for Fiscal Year 2011 11 (Public Law 111–383; 10 U.S.C. 2533b note). 12 (76) Section 804(h) of the National Defense 13 Authorization Act for Fiscal Year 2008 (Public Law 14 110–181; 10 U.S.C. 2533b note). 15 (77) Section 842(b) of the John Warner Na- 16 tional Defense Authorization Act for Fiscal Year 17 2007 (Public Law 109–364; 10 U.S.C. 2533b note). 18 (78) Section 343 of the Floyd D. Spence Na- 19 tional Defense Authorization Act for Fiscal Year 20 2001 (as enacted into law by Public Law 106–398; 21 10 U.S.C. 4551 note). 22 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00417 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 418 HR 5515 PCS SEC. 813. REPEAL OF CERTAIN DEPARTMENT OF DEFENSE 1 REPORTING REQUIREMENTS. 2 (a) AMENDMENTS TO TITLE 10, UNITED STATES 3 CODE.—Title 10, United States Code, is amended as fol- 4 lows: 5 (1) SECTION 118A.—Section 118a is amended 6 by striking subsection (d). 7 (2) SECTION 1116.—Section 1116 is amended 8 by striking subsection (d). 9 (3) SECTION 2275.— 10 (A) REPEAL.—Section 2275 is repealed. 11 (B) CLERICAL AMENDMENT.—The table of 12 sections at the beginning of chapter 135 is 13 amended by striking the item relating to section 14 2275. 15 (4) SECTION 2276.—Section 2276 is amended 16 by striking subsection (e). 17 (5) SECTION 10543.— 18 (A) REPEAL.—Section 10543 is repealed. 19 (B) CLERICAL AMENDMENT.—The table of 20 sections at the beginning of chapter 1013 is 21 amended by striking the item relating to section 22 10543. 23 (b) NDAA FOR FY 2007.—Section 122 of the John 24 Warner National Defense Authorization Act for Fiscal 25 Year 2007 (Public Law 109–364; 120 Stat. 2104), as 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00418 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 419 HR 5515 PCS amended by section 121 of the National Defense Author- 1 ization Act for Fiscal Year 2014 (Public Law 113–66; 127 2 Stat. 691), is amended by striking subsection (d). 3 (c) NDAA FOR FY 2008.—The National Defense 4 Authorization Act for Fiscal Year 2008 (Public Law 110– 5 181) is amended— 6 (1) in section 911(f) (10 U.S.C. 2271 note)— 7 (A) in the subsection heading, by striking 8 ‘‘; BIENNIAL UPDATE’’; 9 (B) in paragraph (3), by striking ‘‘, and 10 each update required by paragraph (2),’’; and 11 (C) by striking paragraph (2) and redesig- 12 nating paragraph (3) as paragraph (2); and 13 (2) in section 1107 (10 U.S.C. 2358 note)— 14 (A) in subsection (c), by striking ‘‘dem- 15 onstration laboratory’’ and inserting ‘‘labora- 16 tory designated by the Secretary of Defense 17 under the provisions of section 342(b) of the 18 National Defense Authorization Act for Fiscal 19 Year 1995 (Public Law 103–337; 108 Stat. 20 2721)’’; and 21 (B) by striking subsections (d) and (e). 22 (d) NDAA FOR FY 2009.—Section 1047(d) of the 23 Duncan Hunter National Defense Authorization Act for 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00419 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 420 HR 5515 PCS Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 2366b 1 note) is amended— 2 (1) in the subsection heading, by striking 3 ‘‘BANDWIDTH’’ and all that follows through ‘‘The 4 Secretary’’ and inserting ‘‘BANDWIDTH REQUIRE- 5 MENTS.—The Secretary’’; and 6 (2) by striking paragraph (2). 7 (e) NDAA FOR FY 2010.—Section 1244 of the Na- 8 tional Defense Authorization Act for Fiscal Year 2010 9 (Public Law 111–84; 22 U.S.C. 1928 note) is amended 10 by striking subsection (d). 11 (f) NDAA FOR FY 2011.—Section 1217 of the Ike 12 Skelton National Defense Authorization Act for Fiscal 13 Year 2011 (Public Law 111–383; 22 U.S.C. 7513 note) 14 is amended by striking subsection (i). 15 (g) NDAA FOR FY 2013.—The National Defense 16 Authorization Act for Fiscal Year 2013 (Public Law 112– 17 239) is amended— 18 (1) in section 524 (126 Stat. 1723; 10 U.S.C. 19 1222 note) by striking subsection (c); and 20 (2) in section 904(h) (10 U.S.C. 133 note)— 21 (A) by striking ‘‘REPORTS TO CONGRESS’’ 22 and all that follows through ‘‘(3) ADDITIONAL 23 CONGRESSIONAL NOTIFICATION.—’’ and insert- 24 ing ‘‘CONGRESSIONAL NOTIFICATION.—’’; and 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00420 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 421 HR 5515 PCS (B) by striking ‘‘Under Secretary of De- 1 fense for Acquisition, Technology, and Logis- 2 tics’’ and inserting ‘‘Under Secretary of De- 3 fense for Research and Engineering’’. 4 (h) NDAA FOR FY 2015.—Section 1026(d) of the 5 Carl Levin and Howard P. ‘‘Buck’’ McKeon National De- 6 fense Authorization Act for Fiscal Year 2015 (Public Law 7 113–291; 128 Stat. 3490) is repealed. 8 (i) MILITARY CONSTRUCTION AUTHORIZATION ACT, 9 1982.—Section 703 of the Military Construction Author- 10 ization Act, 1982 (Public Law 97–99; 95 Stat. 1376) is 11 amended by striking subsection (g). 12 (j) CONFORMING AMENDMENTS.— 13 (1) NDAA FOR FY 2017.—Section 1061 of the 14 National Defense Authorization Act for Fiscal Year 15 2017 (Public Law 114–328; 10 U.S.C. 111 note) is 16 amended— 17 (A) in subsection (c), by striking para- 18 graphs (3), (28), (40), (41), and (63); 19 (B) in subsection (d), by striking para- 20 graph (3); 21 (C) in subsection (f), by striking para- 22 graphs (1) and (2); 23 (D) in subsection (g), by striking para- 24 graph (3); 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00421 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 422 HR 5515 PCS (E) in subsection (h), by striking para- 1 graph (3); and 2 (F) in subsection (i), by striking para- 3 graphs (17), (19), and (24). 4 (2) NDAA FOR FY 2000.—Section 1031 of the 5 National Defense Authorization Act for Fiscal Year 6 2000 (Public Law 106–65; 113 Stat. 749; 31 U.S.C. 7 1113 note) is amended by striking paragraph (32). 8 Subtitle B—Amendments to Gen- 9 eral Contracting Authorities, 10 Procedures, and Limitations 11 SEC. 821. CONTRACT GOAL FOR THE ABILITYONE PRO- 12 GRAM. 13 (a) CONTRACT GOAL FOR THE ABILITYONE PRO- 14 GRAM.—Chapter 137 of title 10, United States Code, is 15 amended by inserting after section 2323a the following 16 new section: 17 ‘‘§ 2323b. Contract goal for the AbilityOne program 18 ‘‘(a) GOAL.—The Secretary of Defense shall establish 19 a goal for each fiscal year for the procurement of products 20 and services from the procurement list established pursu- 21 ant to section 8503 of title 41 of an amount equal to 1.5 22 percent of the total amount of funds obligated for con- 23 tracts entered into with the Department of Defense in 24 such fiscal year for procurement. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00422 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 423 HR 5515 PCS ‘‘(b) ANNUAL REPORT.—At the conclusion of each 1 fiscal year, the Secretary of Defense shall submit to the 2 Committee for Purchase From People Who Are Blind or 3 Severely Disabled (established under section 8502 of title 4 41) a report on the progress toward attaining the goal 5 established under subsection (a) with respect to such fiscal 6 year. The report shall include— 7 ‘‘(1) if the goal was not achieved, a plan to 8 achieve the goal in the next fiscal year; and 9 ‘‘(2) if the goal was achieved, a strategy to ex- 10 ceed the goal in the next fiscal year.’’. 11 (b) CLERICAL AMENDMENT.—The table of sections 12 at the beginning of such chapter is amended by inserting 13 after the item relating to section 2323a the following new 14 item: 15 ‘‘2323b. Contract goal for the AbilityOne program.’’. SEC. 822. INCREASED MICRO-PURCHASE THRESHOLD AP- 16 PLICABLE TO DEPARTMENT OF DEFENSE 17 PROCUREMENTS. 18 (a) IN GENERAL.—Section 2338 of title 10, United 19 States Code, is amended— 20 (1) by striking ‘‘Notwithstanding subsection (a) 21 of section 1902 of title 41, the’’ and inserting 22 ‘‘The’’; and 23 (2) by striking ‘‘$5,000’’ and inserting 24 ‘‘$10,000’’. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00423 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 424 HR 5515 PCS (b) CONFORMING AMENDMENTS.— 1 (1) REPEAL OF MICRO-PURCHASE THRESHOLD 2 FOR CERTAIN DEPARTMENT OF DEFENSE ACTIVI- 3 TIES.— 4 (A) IN GENERAL.—Section 2339 of title 5 10, United States Code, is repealed. 6 (B) CLERICAL AMENDMENT.—The table of 7 sections at the beginning of chapter 137 of such 8 title is amended by striking the item relating to 9 section 2339. 10 (2) MICRO-PURCHASE THRESHOLD FOR NON- 11 DEPARTMENT OF DEFENSE PURCHASES.—Section 12 1902(a)(1) of title 41, United States Code, is 13 amended by striking ‘‘sections 2338 and 2339 of 14 title 10 and’’. 15 SEC. 823. PREFERENCE FOR OFFERORS EMPLOYING VET- 16 ERANS. 17 (a) IN GENERAL.—Chapter 137 of title 10, United 18 States Code, is amended by adding at the end the fol- 19 lowing new section: 20 ‘‘§ 2339a. Preference for offerors employing veterans 21 ‘‘(a) PREFERENCE.—In awarding a contract for the 22 procurement of goods or services for the Department of 23 Defense, the head of an agency may establish a preference 24 for offerors that employ veterans on a full-time basis. The 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00424 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 425 HR 5515 PCS Secretary of Defense shall determine the criteria for use 1 of such preference. 2 ‘‘(b) CONGRESSIONAL NOTIFICATION.—Prior to es- 3 tablishing the preference described in subsection (a), the 4 Secretary of Defense shall provide a briefing to the Com- 5 mittee on Armed Services of the House of Representatives 6 on— 7 ‘‘(1) a plan for implementing such preference, 8 including— 9 ‘‘(A) penalties for an offeror that willfully 10 and intentionally misrepresents the veteran sta- 11 tus of the employees of the offeror in a bid sub- 12 mitted under subsection (a); and 13 ‘‘(B) reporting on use of such preference; 14 and 15 ‘‘(2) the process for assessing and verifying of- 16 feror compliance with regulations relating to equal 17 opportunity for veterans requirements.’’. 18 (b) CLERICAL AMENDMENT.—The table of sections 19 at the beginning of such chapter is amended by inserting 20 after the item relating to section 2339 the following new 21 item: 22 ‘‘2339a. Preference for offerors employing veterans.’’. VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00425 Fmt 6652 Sfmt 6211 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 426 HR 5515 PCS SEC. 824. REVISION OF REQUIREMENT TO SUBMIT INFOR- 1 MATION ON SERVICES CONTRACTS TO CON- 2 GRESS. 3 Section 2329(b) of title 10, United States Code, is 4 amended— 5 (1) by striking ‘‘October 1, 2022’’ and inserting 6 ‘‘October 1, 2020’’; and 7 (2) in paragraph (1)— 8 (A) by striking ‘‘at or about’’ and inserting 9 ‘‘at or before’’; and 10 (B) by inserting ‘‘or on the date on which 11 the future-years defense program is submitted 12 to Congress under section 221 of this title’’ 13 after ‘‘title 31’’; 14 (3) in paragraph (3), by striking ‘‘and’’ at the 15 end; 16 (4) in paragraph (4), by striking the period at 17 the end and inserting ‘‘; and’’; and 18 (5) by adding at the end the following new 19 paragraph: 20 ‘‘(5) be included in the future-years defense 21 program submitted to Congress under section 221 of 22 this title.’’. 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00426 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 427 HR 5515 PCS SEC. 825. DATA COLLECTION AND INVENTORY FOR SERV- 1 ICES CONTRACTS. 2 Section 2330a of title 10, United States Code, is 3 amended— 4 (1) in subsection (a)— 5 (A) by striking ‘‘$3,000,000’’ and inserting 6 ‘‘the simplified acquisition threshold’’; 7 (B) by striking ‘‘in the following service 8 acquisition portfolio groups:’’ and inserting ‘‘in 9 any service acquisition portfolio group.’’; and 10 (C) by striking paragraphs (1) through 11 (4); 12 (2) in subsection (c)(1)— 13 (A) by striking ‘‘staff augmentation con- 14 tracts’’ and inserting ‘‘services contracts’’; and 15 (B) by striking ‘‘Under Secretary of De- 16 fense for Acquisition, Technology, and Logis- 17 tics’’ each place it appears and inserting 18 ‘‘Under Secretary of Defense for Acquisition 19 and Sustainment’’; and 20 (3) in subsection (h)— 21 (A) by striking paragraph (6); and 22 (B) by redesignating paragraphs (7) and 23 (8) as paragraphs (6) and (7), respectively. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00427 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 428 HR 5515 PCS SEC. 826. COMPETITION REQUIREMENTS FOR PURCHASES 1 FROM FEDERAL PRISON INDUSTRIES. 2 (a) COMPETITION REQUIREMENTS FOR PURCHASES 3 FROM FEDERAL PRISON INDUSTRIES.—Subsections (a) 4 and (b) of section 2410n of title 10, United States Code, 5 are amended to read as follows: 6 ‘‘(a) MARKET RESEARCH.—Before purchasing a 7 product listed in the latest edition of the Federal Prison 8 Industries catalog published under section 4124(d) of title 9 18, the Secretary of Defense shall conduct market re- 10 search to determine whether such product— 11 ‘‘(1) is comparable to products available from 12 the private sector; and 13 ‘‘(2) best meets the needs of the Department of 14 Defense in terms of price, quality, and time of deliv- 15 ery. 16 ‘‘(b) COMPETITION REQUIREMENT.—If the Secretary 17 determines that a Federal Prison Industries product is not 18 comparable to products available from the private sector 19 and does not best meet the needs of the Department of 20 Defense in terms of price, quality, or time of delivery pur- 21 suant to subsection (a), the Secretary shall use competitive 22 procedures or make an individual purchase under a mul- 23 tiple award contract for the procurement of the product. 24 In conducting such a competition or making such a pur- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00428 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 429 HR 5515 PCS chase, the Secretary shall consider a timely offer from 1 Federal Prison Industries.’’. 2 (b) EFFECTIVE DATE.—The amendment made by 3 subsection (a) shall take effect 60 days after the date of 4 the enactment of this Act. 5 SEC. 827. REQUIREMENT FOR A FAIR AND REASONABLE 6 PRICE FOR TECHNICAL DATA BEFORE DE- 7 VELOPMENT OR PRODUCTION OF MAJOR 8 WEAPON SYSTEMS. 9 Section 2439 of title 10, United States Code, is 10 amended— 11 (1) by inserting ‘‘, to the maximum extent prac- 12 ticable,’’ after ‘‘shall ensure’’; and 13 (2) by inserting ‘‘fair and reasonable’’ after 14 ‘‘negotiates a’’. 15 SEC. 828. REVISIONS IN AUTHORITY RELATING TO PRO- 16 GRAM COST TARGETS AND FIELDING TAR- 17 GETS FOR MAJOR DEFENSE ACQUISITION 18 PROGRAMS. 19 (a) REVISIONS IN AUTHORITY RELATING TO PRO- 20 GRAM COST AND FIELDING TARGETS.—Section 2448a of 21 title 10, United States Code, is amended— 22 (1) in subsection (a), by striking ‘‘the Secretary 23 of Defense’’ and inserting ‘‘the appropriate Sec- 24 retary’’; 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00429 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 430 HR 5515 PCS (2) by striking subsection (b); and 1 (3) by redesignating subsection (c) as sub- 2 section (b) and adding at the end of that subsection 3 the following new paragraph: 4 ‘‘(3) The term ‘appropriate Secretary’, with re- 5 spect to a major defense acquisition program, 6 means— 7 ‘‘(A) the Secretary of the military depart- 8 ment that is managing the program; or 9 ‘‘(B) in the case of a program for which an 10 alternate milestone decision authority is des- 11 ignated under section 2430(d)(2) of this title, 12 the Secretary of Defense.’’. 13 (b) CONFORMING AMENDMENTS.—Such title is fur- 14 ther amended— 15 (1) in section 2366a(c)(1)(A) by striking ‘‘by 16 the Secretary of Defense’’; and 17 (2) in section 2366b— 18 (A) in subsection (a)(3)(D), by striking 19 ‘‘Secretary of Defense’’ and inserting ‘‘appro- 20 priate Secretary (as defined in such section 21 2448a)’’; and 22 (B) in subsection (c)(1)(A), by striking 23 ‘‘by the Secretary of Defense’’. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00430 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 431 HR 5515 PCS SEC. 829. REVISION OF TIMELINE FOR USE OF THE RAPID 1 FIELDING PATHWAY FOR ACQUISITION PRO- 2 GRAMS. 3 Section 804(b)(2) of the National Defense Authoriza- 4 tion Act for Fiscal Year 2016 (Public Law 114–92; 10 5 U.S.C. 2302 note) is amended by striking ‘‘complete field- 6 ing within five years’’ and inserting ‘‘complete low-rate 7 initial production (as described under section 2400 of title 8 10, United States Code) within five years’’. 9 SEC. 830. CLARIFICATION OF SERVICES CONTRACTING 10 DEFINITIONS. 11 Not later than 180 days after the date of the enact- 12 ment of this Act, the Secretary of Defense shall revise the 13 Defense Federal Acquisition Regulation Supplement to 14 clarify the definitions of and relationships between terms 15 related to services contracts, including the appropriate use 16 of personal services contracts and nonpersonal services 17 contracts, and the responsibilities of individuals in the ac- 18 quisition workforce with respect to such contracts. 19 Subtitle C—Provisions Relating to 20 Commercial Items 21 SEC. 831. REVISION OF DEFINITION OF COMMERCIAL ITEM 22 FOR PURPOSES OF FEDERAL ACQUISITION 23 STATUTES. 24 (a) DEFINITIONS IN CHAPTER 1 OF TITLE 41, 25 UNITED STATES CODE.— 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00431 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 432 HR 5515 PCS (1) SEPARATION OF ‘‘COMMERCIAL ITEM’’ DEF- 1 INITION INTO DEFINITIONS OF ‘‘COMMERCIAL PROD- 2 UCT’’ AND ‘‘COMMERCIAL SERVICE’’.—Chapter 1 of 3 title 41, United States Code, is amended by striking 4 section 103 and inserting the following new sections: 5 ‘‘§ 103. Commercial product 6 ‘‘In this subtitle, the term ‘commercial product’ 7 means any of the following: 8 ‘‘(1) A product, other than real property, 9 that— 10 ‘‘(A) is of a type customarily used by the 11 general public or by nongovernmental entities 12 for purposes other than governmental purposes; 13 and 14 ‘‘(B) has been sold, leased, or licensed, or 15 offered for sale, lease, or license, to the general 16 public. 17 ‘‘(2) A product that— 18 ‘‘(A) evolved from a product described in 19 paragraph (1) through advances in technology 20 or performance; and 21 ‘‘(B) is not yet available in the commercial 22 marketplace but will be available in the com- 23 mercial marketplace in time to satisfy the deliv- 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00432 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 433 HR 5515 PCS ery requirements under a Federal Government 1 solicitation. 2 ‘‘(3) A product that would satisfy the criteria in 3 paragraph (1) or (2) were it not for— 4 ‘‘(A) modifications of a type customarily 5 available in the commercial marketplace; or 6 ‘‘(B) minor modifications made to meet 7 Federal Government requirements. 8 ‘‘(4) Any combination of products meeting the 9 requirements of paragraph (1), (2), or (3) that are 10 of a type customarily combined and sold in combina- 11 tion to the general public. 12 ‘‘(5) A product, or combination of products, re- 13 ferred to in paragraphs (1) through (4), even though 14 the product, or combination of products, is trans- 15 ferred between or among separate divisions, subsidi- 16 aries, or affiliates of a contractor. 17 ‘‘(6) A nondevelopmental item if the procuring 18 agency determines, in accordance with conditions in 19 the Federal Acquisition Regulation, that— 20 ‘‘(A) the product was developed exclusively 21 at private expense; and 22 ‘‘(B) has been sold in substantial quan- 23 tities, on a competitive basis, to multiple State 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00433 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 434 HR 5515 PCS and local governments or to multiple foreign 1 governments. 2 ‘‘§ 103a. Commercial service 3 ‘‘In this subtitle, the term ‘commercial service’ means 4 any of the following: 5 ‘‘(1) Installation services, maintenance services, 6 repair services, training services, and other services 7 if— 8 ‘‘(A) those services are procured for sup- 9 port of a commercial product, regardless of 10 whether the services are provided by the same 11 source or at the same time as the commercial 12 product; and 13 ‘‘(B) the source of the services provides 14 similar services contemporaneously to the gen- 15 eral public under terms and conditions similar 16 to those offered to the Federal Government; 17 ‘‘(2) Services of a type offered and sold com- 18 petitively, in substantial quantities, in the commer- 19 cial marketplace— 20 ‘‘(A) based on established catalog or mar- 21 ket prices; 22 ‘‘(B) for specific tasks performed or spe- 23 cific outcomes to be achieved; and 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00434 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 435 HR 5515 PCS ‘‘(C) under standard commercial terms and 1 conditions. 2 ‘‘(3) A service described in paragraph (1) or 3 (2), even though the service is transferred between 4 or among separate divisions, subsidiaries, or affili- 5 ates of a contractor.’’. 6 (2) CONFORMING AMENDMENTS TO TITLE 41 7 DEFINITIONS.— 8 (A) DEFINITION OF COMMERCIAL COMPO- 9 NENT.—Section 102 of such title is amended by 10 striking ‘‘commercial item’’ and inserting ‘‘com- 11 mercial product’’. 12 (B) DEFINITION OF COMMERCIALLY 13 AVAILABLE OFF-THE-SHELF ITEM.—Section 14 104(1)(A) is amended by striking ‘‘commercial 15 item’’ and inserting ‘‘commercial product’’. 16 (C) DEFINITION OF NONDEVELOPMENTAL 17 ITEM.—Section 110(1) of such title is amended 18 by striking ‘‘commercial item’’ and inserting 19 ‘‘commercial product’’. 20 (3) CLERICAL AMENDMENT.—The table of sec- 21 tions at the beginning of chapter 1 of title 41, 22 United States Code, is amended by striking the item 23 relating to section 103 and inserting the following 24 new items: 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00435 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 436 HR 5515 PCS ‘‘103. Commercial product. ‘‘103a. Commercial service.’’. (b) CONFORMING AMENDMENTS TO OTHER PROVI- 1 SIONS OF TITLE 41, UNITED STATES CODE.—Title 41, 2 United States Code, is further amended as follows: 3 (1) Section 1502(b) is amended— 4 (A) in paragraph (1)(A), by striking ‘‘com- 5 mercial items’’ and inserting ‘‘commercial prod- 6 ucts or commercial services’’; 7 (B) in paragraph (1)(C)(i), by striking 8 ‘‘commercial item’’ and inserting ‘‘commercial 9 product or commercial service’’; and 10 (C) in paragraph (3)(A)(i), by striking 11 ‘‘commercial items’’ and inserting ‘‘commercial 12 products or commercial services’’. 13 (2) Section 1705(c) is amended by striking 14 ‘‘commercial items’’ and inserting ‘‘commercial prod- 15 ucts and commercial services’’. 16 (3) Section 1708 is amended by striking ‘‘com- 17 mercial items’’ in subsections (c)(6) and (e)(3) and 18 inserting ‘‘commercial products or commercial serv- 19 ices’’. 20 (4) Section 1901 is amended— 21 (A) in subsection (a)(2), by striking ‘‘com- 22 mercial items’’ and inserting ‘‘commercial prod- 23 ucts or commercial services’’; and 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00436 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 437 HR 5515 PCS (B) in subsection (e)— 1 (i) by striking ‘‘COMMERCIAL ITEMS’’ 2 in the subsection heading and inserting 3 ‘‘COMMERCIAL PRODUCTS AND COMMER- 4 CIAL SERVICES’’; and 5 (ii) by striking ‘‘commercial items’’ 6 and inserting ‘‘commercial products or 7 commercial services’’. 8 (5) Section 1903(c) is amended— 9 (A) in the subsection heading, by striking 10 ‘‘COMMERCIAL ITEM’’ and inserting ‘‘COMMER- 11 CIAL PRODUCT OR COMMERCIAL SERVICE’’; 12 (B) in paragraph (1), by striking ‘‘as a 13 commercial item’’ and inserting ‘‘as a commer- 14 cial product or a commercial service’’; and 15 (C) in paragraph (2), by striking ‘‘for an 16 item or service treated as a commercial item’’ 17 and inserting ‘‘for a product or service treated 18 as a commercial product or a commercial serv- 19 ice’’. 20 (6)(A) Section 1906 is amended by striking 21 ‘‘commercial items’’ each place it appears in sub- 22 sections (b), (c), and (d) and inserting ‘‘commercial 23 products or commercial services’’. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00437 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 438 HR 5515 PCS (B)(i) The heading of such section is amended 1 to read as follows: 2 ‘‘§ 1906. List of laws inapplicable to procurements of 3 commercial products and commercial 4 services’’. 5 (ii) The table of sections at the beginning of 6 chapter 19 is amended by striking the item relating 7 to section 1906 and inserting the following new 8 item: 9 ‘‘1906. List of laws inapplicable to procurements of commercial products and commercial services.’’. (7) Section 3304 is amended by striking ‘‘com- 10 mercial item’’ in subsections (a)(5) and (e)(4)(B) 11 and inserting ‘‘commercial product’’. 12 (8) Section 3305(a)(2) is amended by striking 13 ‘‘commercial items’’ and inserting ‘‘commercial prod- 14 ucts or commercial services’’. 15 (9) Section 3306(b) is amended by striking 16 ‘‘commercial items’’ and inserting ‘‘commercial prod- 17 ucts or commercial services’’. 18 (10)(A) Section 3307 is amended— 19 (i) in subsection (a)— 20 (I) by striking ‘‘COMMERCIAL ITEMS’’ 21 in the subsection heading and inserting 22 ‘‘COMMERCIAL PRODUCTS AND COMMER- 23 CIAL SERVICES’’; 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00438 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 439 HR 5515 PCS (II) in paragraph (1), by striking 1 ‘‘commercial items’’ and inserting ‘‘com- 2 mercial products and commercial services’’; 3 and 4 (III) in paragraph (2), by striking ‘‘a 5 commercial item’’ and inserting ‘‘a com- 6 mercial product or commercial service’’; 7 (ii) in subsection (b)— 8 (I) in paragraph (2), by striking 9 ‘‘commercial items or, to the extent that 10 commercial items suitable to meet the ex- 11 ecutive agency’s needs are not available, 12 nondevelopmental items other than com- 13 mercial items’’ and inserting ‘‘commercial 14 services or commercial products or, to the 15 extent that commercial products suitable to 16 meet the executive agency’s needs are not 17 available, nondevelopmental items other 18 than commercial products’’; and 19 (II) in paragraph (3), by striking 20 ‘‘commercial items and nondevelopmental 21 items other than commercial items’’ and 22 inserting ‘‘commercial services, commercial 23 products, and nondevelopmental items 24 other than commercial products’’; 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00439 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 440 HR 5515 PCS (iii) in subsection (c)— 1 (I) in paragraphs (1) and (2), by 2 striking ‘‘commercial items or nondevelop- 3 mental items other than commercial items’’ 4 and inserting ‘‘commercial services or com- 5 mercial products or nondevelopmental 6 items other than commercial products’’; 7 (II) in paragraphs (3) and (4), by 8 striking ‘‘commercial items or, to the ex- 9 tent that commercial items suitable to 10 meet the executive agency’s needs are not 11 available, nondevelopmental items other 12 than commercial items’’ and inserting 13 ‘‘commercial services or commercial prod- 14 ucts or, to the extent that commercial 15 products suitable to meet the executive 16 agency’s needs are not available, non- 17 developmental items other than commercial 18 products’’; and 19 (III) in paragraphs (5) and (6), by 20 striking ‘‘commercial items’’ and inserting 21 ‘‘commercial products and commercial 22 services’’; 23 (iv) in subsection (d)(2), by striking ‘‘com- 24 mercial items or, to the extent that commercial 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00440 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 441 HR 5515 PCS items suitable to meet the executive agency’s 1 needs are not available, nondevelopmental items 2 other than commercial items’’ and inserting 3 ‘‘commercial services or commercial products 4 or, to the extent that commercial products suit- 5 able to meet the executive agency’s needs are 6 not available, nondevelopmental items other 7 than commercial products’’; and 8 (v) in subsection (e)— 9 (I) in paragraph (1), by inserting 10 ‘‘103a, 104,’’ after ‘‘sections 102, 103,’’; 11 (II) in paragraph (2)(A), by striking 12 ‘‘commercial items’’ and inserting ‘‘com- 13 mercial products or commercial services’’; 14 (III) in the first sentence of para- 15 graph (2)(B), by striking ‘‘commercial end 16 items’’ and inserting ‘‘end items that are 17 commercial products’’; 18 (IV) in paragraphs (2)(B)(i), (2)(C)(i) 19 and (2)(D), by striking ‘‘commercial items 20 or commercial components’’ and inserting 21 ‘‘commercial products, commercial compo- 22 nents, or commercial services’’; 23 (V) in paragraph (2)(C), in the mat- 24 ter preceding clause (i), by striking ‘‘com- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00441 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 442 HR 5515 PCS mercial items’’ and inserting ‘‘commercial 1 products or commercial services’’; 2 (VI) in paragraph (4)(A), by striking 3 ‘‘commercial items’’ and inserting ‘‘com- 4 mercial products or commercial services’’; 5 (VII) in paragraph (4)(C)(i), by strik- 6 ing ‘‘commercial item, as described in sec- 7 tion 103(5)’’ and inserting ‘‘commercial 8 product, as described in section 103a(1)’’; 9 and 10 (VIII) in paragraph (5), by striking 11 ‘‘items’’ each place it appears and insert- 12 ing ‘‘products’’. 13 (B)(i) The heading of such section is amended 14 to read as follows: 15 ‘‘§ 3307. Preference for commercial products and 16 commercial services’’. 17 (ii) The table of sections at the beginning of 18 chapter 33 is amended by striking the item relating 19 to section 3307 and inserting the following new 20 item: 21 ‘‘3307. Preference for commercial products and commercial services.’’. (11) Section 3501 is amended— 22 (A) in subsection (a)— 23 (i) by striking paragraph (1); 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00442 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 443 HR 5515 PCS (ii) by redesignating paragraphs (2) 1 and (3) as paragraphs (1) and (2), respec- 2 tively; and 3 (iii) in paragraph (2) (as so redesig- 4 nated), by striking ‘‘commercial items’’ 5 and inserting ‘‘commercial products or 6 commercial services’’; and 7 (B) in subsection (b)— 8 (i) by striking ‘‘ITEM’’ in the heading 9 for paragraph (1); and 10 (ii) by striking ‘‘commercial items’’ in 11 paragraphs (1) and (2)(A) and inserting 12 ‘‘commercial services’’. 13 (12) Section 3503 is amended— 14 (A) in subsection (a)(2), by striking ‘‘a 15 commercial item’’ and inserting ‘‘a commercial 16 product or a commercial service’’; and 17 (B) in subsection (b)— 18 (i) by striking ‘‘COMMERCIAL ITEMS’’ 19 in the subsection heading and inserting 20 ‘‘COMMERCIAL PRODUCTS OR COMMER- 21 CIAL SERVICES’’; and 22 (ii) by striking ‘‘a commercial item’’ 23 each place it appears and inserting ‘‘a 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00443 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 444 HR 5515 PCS commercial product or a commercial serv- 1 ice’’. 2 (13) Section 3505(b) is amended by striking 3 ‘‘commercial items’’ each place it appears and in- 4 serting ‘‘commercial products or commercial serv- 5 ices’’. 6 (14) Section 3509(b) is amended by striking 7 ‘‘commercial items’’ and inserting ‘‘commercial prod- 8 ucts or commercial services’’. 9 (15) Section 3704(c)(5) is amended by striking 10 ‘‘commercial item’’ and inserting ‘‘commercial prod- 11 uct’’. 12 (16) Section 3901(b)(3) is amended by striking 13 ‘‘commercial items’’ and inserting ‘‘commercial prod- 14 ucts or commercial services’’. 15 (17) Section 4301(2) is amended by striking 16 ‘‘commercial items’’ and inserting ‘‘commercial prod- 17 ucts or commercial services’’. 18 (18)(A) Section 4505 is amended by striking 19 ‘‘commercial items’’ in subsections (a) and (c) and 20 inserting ‘‘commercial products or commercial serv- 21 ices’’. 22 (B)(i) The heading of such section is amended 23 to read as follows: 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00444 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 445 HR 5515 PCS ‘‘§ 4505. Payments for commercial products and com- 1 mercial services’’. 2 (ii) The table of sections at the beginning of 3 chapter 45 is amended by striking the item relating 4 to section 4505 and inserting the following new 5 item: 6 ‘‘4505. Payments for commercial products and commercial services.’’. (19) Section 4704(d) is amended by striking 7 ‘‘commercial items’’ both places it appears and in- 8 serting ‘‘commercial products or commercial serv- 9 ices’’. 10 (20) Sections 8102(a)(1), 8703(d)(2), and 11 8704(b) are amended by striking ‘‘commercial items 12 (as defined in section 103 of this title)’’ and insert- 13 ing ‘‘commercial products or commercial services (as 14 defined in sections 103 and 103a, respectively, of 15 this title)’’. 16 (c) AMENDMENTS TO CHAPTER 137 OF TITLE 10, 17 UNITED STATES CODE.—Chapter 137 of title 10, United 18 States Code, is amended as follows: 19 (1) Section 2302(3) is amended— 20 (A) by redesignating subparagraphs (J), 21 (K), and (L) as subparagraphs (K), (L), and 22 (M); and 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00445 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 446 HR 5515 PCS (B) by striking subparagraph (I) and in- 1 serting the following new subparagraphs (I) and 2 (J): 3 ‘‘(I) The term ‘commercial product’. 4 ‘‘(J) The term ‘commercial service’.’’. 5 (2) Section 2304 is amended— 6 (A) in subsections (c)(5) and (f)(2)(B), by 7 striking ‘‘brand-name commercial item’’ and in- 8 serting ‘‘brand-name commercial product’’; 9 (B) in subsection (g)(1)(B), by striking 10 ‘‘commercial items’’ and inserting ‘‘commercial 11 products or commercial services’’; and 12 (C) in subsection (i)(3), by striking ‘‘com- 13 mercial items’’ and inserting ‘‘commercial prod- 14 ucts’’. 15 (3) Section 2305 is amended— 16 (A) in subsection (a)(2), by striking ‘‘com- 17 mercial items’’ and inserting ‘‘commercial prod- 18 ucts or commercial services’’; and 19 (B) in subsection (b)(5)(B)(v), by striking 20 ‘‘commercial item’’ and inserting ‘‘commercial 21 product’’. 22 (4) Section 2306(b) is amended by striking 23 ‘‘commercial items’’ and inserting ‘‘commercial prod- 24 ucts or commercial services’’. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00446 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 447 HR 5515 PCS (5) Section 2306a is amended— 1 (A) in subsection (b)— 2 (i) in paragraph (1)(B), by striking 3 ‘‘a commercial item’’ and inserting ‘‘a com- 4 mercial product or a commercial service’’; 5 (ii) in paragraph (2)— 6 (I) by striking ‘‘COMMERCIAL 7 ITEMS’’ in the paragraph heading and 8 inserting ‘‘COMMERCIAL PRODUCTS 9 OR COMMERCIAL SERVICES’’; and 10 (II) by striking ‘‘commercial 11 item’’ each place it appears and in- 12 serting ‘‘commercial product or com- 13 mercial services’’; 14 (iii) in paragraph (3)— 15 (I) by striking ‘‘COMMERCIAL 16 ITEMS’’ in the paragraph heading and 17 inserting ‘‘COMMERCIAL PRODUCTS’’; 18 and 19 (II) by striking ‘‘item’’ each place 20 it appears and inserting ‘‘product’’; 21 and 22 (iv) in paragraph (4)— 23 (I) by striking ‘‘COMMERCIAL 24 ITEM’’ in the paragraph heading and 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00447 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 448 HR 5515 PCS inserting ‘‘COMMERCIAL PRODUCT OR 1 COMMERCIAL SERVICE’’; 2 (II) by striking ‘‘commercial 3 item’’ in subparagraph (A) after ‘‘ap- 4 plying the’’; 5 (III) by striking ‘‘prior commer- 6 cial item determination’’ in subpara- 7 graph (A) and inserting ‘‘prior com- 8 mercial product or commercial service 9 determination’’; 10 (IV) by striking ‘‘of such item’’ 11 in subparagraph (A) and inserting ‘‘of 12 such product or service’’; 13 (V) by striking ‘‘of an item pre- 14 viously determined to be a commercial 15 item’’ in subparagraph (B) and insert- 16 ing ‘‘of a product or service previously 17 determined to be a commercial prod- 18 uct or a commercial service’’; 19 (VI) by striking ‘‘of a commercial 20 item,’’ in subparagraph (B) and in- 21 serting ‘‘of a commercial product or a 22 commercial service, as the case may 23 be,’’; 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00448 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 449 HR 5515 PCS (VII) by striking ‘‘the commer- 1 cial item determination’’ in subpara- 2 graph (B) and inserting ‘‘the commer- 3 cial product or commercial service de- 4 termination’’; and 5 (VIII) by striking ‘‘commercial 6 item’’ in subparagraph (C); and 7 (v) in paragraph (5), by striking 8 ‘‘commercial items’’ and inserting ‘‘com- 9 mercial products or commercial services’’; 10 (B) in subsection (d)(2), by striking ‘‘com- 11 mercial items’’ each place it appears and insert- 12 ing ‘‘commercial products or commercial serv- 13 ices’’; and 14 (C) in subsection (h)— 15 (i) in paragraph (2), by striking 16 ‘‘commercial items’’ and inserting ‘‘com- 17 mercial products or commercial services’’; 18 and 19 (ii) by striking paragraph (3). 20 (6) Section 2307(f) is amended— 21 (A) by striking ‘‘COMMERCIAL ITEMS’’ in 22 the subsection heading and inserting ‘‘COMMER- 23 CIAL PRODUCTS AND COMMERCIAL SERVICES’’; 24 and 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00449 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 450 HR 5515 PCS (B) by striking ‘‘commercial items’’ in 1 paragraphs (1) and (2) and inserting ‘‘commer- 2 cial products and commercial services’’. 3 (7) Section 2320(b) is amended— 4 (A) in paragraph (1), by striking ‘‘a com- 5 mercial item, the item’’ and inserting ‘‘a com- 6 mercial product, the product’’; and 7 (B) in paragraph (9)(A), by striking ‘‘any 8 noncommercial item or process’’ and inserting 9 ‘‘any noncommercial product or process’’. 10 (8) Section 2321(f) is amended— 11 (A) in paragraph (1)— 12 (i) by striking ‘‘commercial items’’ 13 and inserting ‘‘commercial products’’; and 14 (ii) by striking ‘‘the item’’ both places 15 it appears and inserting ‘‘commercial prod- 16 ucts’’; and 17 (B) in paragraph (2)(A), in clauses (i) and 18 (ii), by striking ‘‘commercial item’’ and insert- 19 ing ‘‘commercial product’’. 20 (9) Section 2324(l)(1)(A) is amended by strik- 21 ing ‘‘commercial items’’ and inserting ‘‘commercial 22 products or commercial services’’. 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00450 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 451 HR 5515 PCS (10) Section 2335(b) is amended by striking 1 ‘‘commercial items’’ and inserting ‘‘commercial prod- 2 ucts and commercial services’’. 3 (d) AMENDMENTS TO CHAPTER 140 OF TITLE 10, 4 UNITED STATES CODE.—Chapter 140 of title 10, United 5 States Code, is amended as follows: 6 (1) Section 2375 is amended— 7 (A) in subsection (a), by striking ‘‘commer- 8 cial item’’ in paragraphs (1) and (2) and insert- 9 ing ‘‘commercial product or commercial serv- 10 ice’’; 11 (B) in subsections (b) and (c)— 12 (i) by striking ‘‘COMMERCIAL ITEMS’’ 13 in the subsection heading and inserting 14 ‘‘COMMERCIAL PRODUCTS AND COMMER- 15 CIAL SERVICES’’; and 16 (ii) by striking ‘‘commercial items’’ 17 each place it appears and inserting ‘‘com- 18 mercial products and commercial services’’; 19 and 20 (C) in subsection (e)(3), by striking ‘‘com- 21 mercial items’’ and inserting ‘‘commercial prod- 22 ucts and commercial services’’. 23 (2) Section 2376(1) is amended— 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00451 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 452 HR 5515 PCS (A) by striking ‘‘terms ‘commercial item’,’’ 1 and inserting ‘‘terms ‘commercial product’, 2 ‘commercial service’,’’; and 3 (B) by striking ‘‘chapter 1 of title 41’’ and 4 inserting ‘‘sections 103, 103a, 110, 105, and 5 102, respectively, of title 41’’. 6 (3) Section 2377 is amended— 7 (A) in subsection (a)— 8 (i) in paragraph (2), by striking 9 ‘‘commercial items or, to the extent that 10 commercial items suitable to meet the 11 agency’s needs are not available, non- 12 developmental items other than commercial 13 items’’ and inserting ‘‘commercial services 14 or commercial products or, to the extent 15 that commercial products suitable to meet 16 the agency’s needs are not available, non- 17 developmental items other than commercial 18 products’’; and 19 (ii) in paragraph (3), by striking 20 ‘‘commercial items and nondevelopmental 21 items other than commercial items’’ and 22 inserting ‘‘commercial services, commercial 23 products, and nondevelopmental items 24 other than commercial products’’; 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00452 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 453 HR 5515 PCS (B) in subsection (b)— 1 (i) in paragraphs (1) and (2), by 2 striking ‘‘commercial items or nondevelop- 3 mental items other than commercial items’’ 4 and inserting ‘‘commercial services, com- 5 mercial products, or nondevelopmental 6 items other than commercial products’’; 7 (ii) in paragraphs (3) and (4), by 8 striking ‘‘commercial items or, to the ex- 9 tent that commercial items suitable to 10 meet the agency’s needs are not available, 11 nondevelopmental items other than com- 12 mercial items’’ and inserting ‘‘commercial 13 services or commercial products or, to the 14 extent that commercial products suitable to 15 meet the agency’s needs are not available, 16 nondevelopmental items other than com- 17 mercial products’’; and 18 (iii) in paragraphs (5) and (6), by 19 striking ‘‘commercial items’’ and inserting 20 ‘‘commercial products and commercial 21 services’’; 22 (C) in subsection (c)— 23 (i) in paragraph (2), by striking 24 ‘‘commercial items or, to the extent that 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00453 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 454 HR 5515 PCS commercial items suitable to meet the 1 agency’s needs are not available, non- 2 developmental items other than commercial 3 items’’ and inserting ‘‘commercial services 4 or commercial products or, to the extent 5 that commercial products suitable to meet 6 the agency’s needs are not available, non- 7 developmental items other than commercial 8 products’’; and 9 (ii) in paragraph (4), by striking 10 ‘‘items other than commercial items’’ and 11 inserting ‘‘products other than commercial 12 products or services other than commercial 13 services’’; 14 (D) in subsection (d)— 15 (i) in the first sentence, by striking 16 ‘‘commercial items’’ and inserting ‘‘com- 17 mercial products or commercial services’’; 18 (ii) in paragraph (1), by striking 19 ‘‘items’’ and inserting ‘‘products or serv- 20 ices’’; and 21 (iii) in paragraph (2), by striking 22 ‘‘items’’ and inserting ‘‘products or serv- 23 ices’’; and 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00454 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 455 HR 5515 PCS (E) in subsection (e)(1), by striking ‘‘com- 1 mercial items’’ and inserting ‘‘commercial prod- 2 ucts and commercial services’’. 3 (4) Section 2379 is amended— 4 (A) by striking ‘‘COMMERCIAL ITEMS’’ in 5 the headings of subsections (b) and (c) and in- 6 serting ‘‘COMMERCIAL PRODUCTS’’; 7 (B) in subsections (a)(1)(A), (b)(2), and 8 (c)(1)(B), by striking ‘‘, as defined in section 9 103 of title 41’’; and 10 (C) by striking ‘‘commercial item’’ and 11 ‘‘commercial items’’ each place they appear and 12 inserting ‘‘commercial product’’ and ‘‘commer- 13 cial products’’, respectively. 14 (5) Section 2380 is amended— 15 (A) in subsection (a), by striking ‘‘commer- 16 cial item determinations’’ in paragraphs (1) and 17 (2) and inserting ‘‘commercial product and 18 commercial service determinations’’; and 19 (B) in subsection (b) (as added by section 20 848 of the National Defense Authorization Act 21 for Fiscal Year 2018)— 22 (i) by striking ‘‘ITEM’’ in the sub- 23 section heading; 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00455 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 456 HR 5515 PCS (ii) by striking ‘‘an item’’ each place 1 it appears and inserting ‘‘a product or 2 service’’; 3 (iii) by striking ‘‘item’’ after ‘‘using 4 commercial’’ each place it appears; 5 (iv) by striking ‘‘prior commercial 6 item determination’’ and inserting ‘‘prior 7 commercial product or service determina- 8 tion’’; 9 (v) by striking ‘‘such item’’ and in- 10 serting ‘‘such product or service’’; and 11 (vi) by striking ‘‘the item’’ both places 12 it appears and inserting ‘‘the product or 13 service’’. 14 (6) Section 2380a is amended— 15 (A) in subsection (a)— 16 (i) by striking ‘‘items and’’ and insert- 17 ing ‘‘products and’’; and 18 (ii) by striking ‘‘commercial items’’ 19 and inserting ‘‘commercial products and 20 commercial services, respectively,’’; and 21 (B) in subsection (b), by striking ‘‘com- 22 mercial items’’ and inserting ‘‘commercial serv- 23 ices’’. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00456 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 457 HR 5515 PCS (7) Section 2380B is amended by striking 1 ‘‘commercial item’’ and inserting ‘‘commercial prod- 2 uct’’. 3 (8) AMENDMENTS TO HEADINGS, ETC.— 4 (A) The heading of such chapter is amend- 5 ed to read as follows: 6 ‘‘CHAPTER 140—PROCUREMENT OF COM- 7 MERCIAL PRODUCTS AND COMMER- 8 CIAL SERVICES’’. 9 (B) The heading of section 2375 is amend- 10 ed to read as follows: 11 ‘‘§ 2375. Relationship of other provisions of law to 12 procurement of commercial products and 13 commercial services’’. 14 (C) The heading of section 2377 is amend- 15 ed to read as follows: 16 ‘‘§ 2377. Preference for commercial products and 17 commercial services’’. 18 (D) The heading of section 2379 is amend- 19 ed to read as follows: 20 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00457 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 458 HR 5515 PCS ‘‘§ 2379. Procurement of a major weapon system as a 1 commercial product: requirement for 2 prior determination by Secretary of De- 3 fense and notification to Congress’’. 4 (E) The heading of section 2380 is amend- 5 ed to read as follows: 6 ‘‘§ 2380. Commercial product and commercial service 7 determinations by Department of De- 8 fense’’. 9 (F) The heading of section 2380a is 10 amended to read as follows: 11 ‘‘§ 2380a. Treatment of certain products and services 12 as commercial products and commercial 13 services’’. 14 (G) Section 2380B is redesignated as sec- 15 tion 2380b and the heading of that section is 16 amended to read as follows: 17 ‘‘§ 2380b. Treatment of commingled items purchased 18 by contractors as commercial products’’. 19 (H) The table of sections at the beginning 20 of such chapter is amended to read as follows: 21 ‘‘2375. Relationship of other provisions of law to procurement of commercial products and commercial services. ‘‘2376. Definitions. ‘‘2377. Preference for commercial products and commercial services. ‘‘2379. Procurement of a major weapon system as a commercial product: re- quirement for prior determination by Secretary of Defense and notification to Congress. ‘‘2380. Commercial product and commercial service determinations by Depart- ment of Defense. VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00458 Fmt 6652 Sfmt 6211 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 459 HR 5515 PCS ‘‘2380a. Treatment of certain products and services as commercial products and commercial services. ‘‘2380b. Treatment of commingled items purchased by contractors as commer- cial products.’’. (e) OTHER AMENDMENTS TO TITLE 10, UNITED 1 STATES CODE.—Title 10, United States Code, is further 2 amended as follows: 3 (1) Section 2226(b) is amended by striking ‘‘for 4 services’’ and all that follows through ‘‘deliverable 5 items’’ and inserting ‘‘for services or deliverable 6 items’’. 7 (2) Section 2384(b)(2) is amended by striking 8 ‘‘commercial items’’ and inserting ‘‘commercial prod- 9 ucts’’. 10 (3) Section 2393(d) is amended by striking 11 ‘‘commercial items (as defined in section 103 of title 12 41)’’ and inserting ‘‘commercial products or com- 13 mercial services (as defined in sections 103 and 14 103a, respectively, of title 41)’’. 15 (4) Section 2402(d) is amended— 16 (A) in paragraph (1), by striking ‘‘com- 17 mercial items’’ both places it appears and in- 18 serting ‘‘commercial products or commercial 19 services’’; and 20 (B) in paragraph (2), by striking ‘‘the 21 term’’ and all that follows and inserting ‘‘the 22 terms ‘commercial product’ and ‘commercial 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00459 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 460 HR 5515 PCS service’ have the meanings given those terms in 1 sections 103 and 103a, respectively, of title 2 41.’’. 3 (5) Section 2408(a)(4)(B) is amended by strik- 4 ing ‘‘commercial items (as defined in section 103 of 5 title 41)’’ and inserting ‘‘commercial products or 6 commercial services (as defined in sections 103 and 7 103a, respectively, of title 41)’’. 8 (6) Section 2410b(c) is amended by striking 9 ‘‘commercial items’’ and inserting ‘‘commercial prod- 10 ucts’’. 11 (7) Section 2410g(d)(1) is amended by striking 12 ‘‘Commercial items (as defined in section 103 of title 13 41)’’ and inserting ‘‘Commercial products or com- 14 mercial services (as defined in sections 103 and 15 103a, respectively, of title 41)’’. 16 (8) Section 2447a is amended— 17 (A) in subsection (a)(2), by striking ‘‘com- 18 mercial items and technologies’’ and inserting 19 ‘‘commercial products and technologies’’; and 20 (B) in subsection (c), by inserting before 21 the period at the end the following: ‘‘and the 22 term ‘commercial product’ has the meaning 23 given that term in section 103 of title 41’’. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00460 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 461 HR 5515 PCS (9) Section 2451(d) is amended by striking 1 ‘‘commercial items’’ and inserting ‘‘commercial prod- 2 ucts (as defined in section 103 of title 41)’’. 3 (10) Section 2464 is amended— 4 (A) in subsection (a)— 5 (i) in paragraph (3), by striking 6 ‘‘commercial items’’ and inserting ‘‘com- 7 mercial products or commercial services’’; 8 and 9 (ii) in paragraph (5), by striking ‘‘The 10 commercial items covered by paragraph (3) 11 are commercial items’’ and inserting ‘‘The 12 commercial products or commercial serv- 13 ices covered by paragraph (3) are commer- 14 cial products (as defined in section 103 of 15 title 41) or commercial services (as defined 16 in section 103a of such title)’’; and 17 (B) in subsection (c)— 18 (i) by striking ‘‘COMMERCIAL ITEMS’’ 19 in the subsection heading and inserting 20 ‘‘COMMERCIAL PRODUCTS OR COMMER- 21 CIAL SERVICES’’; and 22 (ii) by striking ‘‘commercial item’’ and 23 inserting ‘‘commercial product or commer- 24 cial service’’. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00461 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 462 HR 5515 PCS (11) Section 2484(f) is amended— 1 (A) by striking ‘‘COMMERCIAL ITEMS’’ in 2 the subsection heading and inserting ‘‘COMMER- 3 CIAL PRODUCTS’’; and 4 (B) by striking ‘‘commercial item’’ and in- 5 serting ‘‘commercial product’’. 6 (12) The items relating to chapter 140 in the 7 tables of chapters at the beginning of subtitle A, and 8 at the beginning of part IV of subtitle A, are amend- 9 ed to read as follows: 10 ‘‘140. Procurement of Commercial Products and Com- mercial Services ..................................................... 2377’’. (f) AMENDMENTS TO PROVISIONS OF NATIONAL DE- 11 FENSE AUTHORIZATION ACTS.— 12 (1) Section 806(b) of the National Defense Au- 13 thorization Act for Fiscal Years 1992 and 1993 14 (Public Law 102–190; 10 U.S.C. 2302 note) is 15 amended by striking ‘‘commercial items (as defined 16 in section 103 of title 41, United States Code)’’ and 17 inserting ‘‘commercial products or commercial serv- 18 ices (as defined in sections 103 and 103a, respec- 19 tively, of title 41, United States Code)’’. 20 (2) Section 821(e) of the Floyd D. Spence Na- 21 tional Defense Authorization Act for Fiscal Year 22 2001 (as enacted into law by Public Law 106–398; 23 10 U.S.C. 2302 note) is amended— 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00462 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 463 HR 5515 PCS (A) by striking paragraph (2); and 1 (B) by redesignating paragraph (3) as 2 paragraph (2). 3 (3) Section 821(b) of the National Defense Au- 4 thorization Act for Fiscal Year 2008 (Public Law 5 110–181; 10 U.S.C. 2304 note) is amended— 6 (A) in paragraph (1), by striking ‘‘a com- 7 mercial item’’ and inserting ‘‘a commercial 8 product or a commercial service’’; 9 (B) in paragraph (2), by striking ‘‘com- 10 mercial item’’ and inserting ‘‘commercial prod- 11 uct’’; and 12 (C) by adding at the end the following new 13 paragraph: 14 ‘‘(3) The term ‘commercial service’ has the 15 meaning provided by section 103a of title 41, United 16 States Code.’’. 17 (4) Section 817(d) of the Bob Stump National 18 Defense Authorization Act for Fiscal Year 2003 19 (Public Law 107–314; 10 U.S.C. 2306a note) is 20 amended— 21 (A) in paragraph (1), by striking ‘‘com- 22 mercial item exceptions’’ and inserting ‘‘com- 23 mercial product-commercial service exceptions’’; 24 and 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00463 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 464 HR 5515 PCS (B) in paragraph (2), by striking ‘‘com- 1 mercial item exception’’ and inserting ‘‘commer- 2 cial product-commercial service exception’’; 3 (5) Section 852(b)(2)(A)(ii) of the National De- 4 fense Authorization Act for Fiscal Year 2007 (Pub- 5 lic Law 109–364; 10 U.S.C. 2324 note) is amended 6 by striking ‘‘a commercial item, as defined in section 7 103 of title 41’’ and inserting ‘‘a commercial prod- 8 uct or a commercial service, as defined in sections 9 103 and 103a, respectively, of title 41’’. 10 (6) Section 805 of the National Defense Au- 11 thorization Act for Fiscal Year 2008 (Public Law 12 110–181; 10 U.S.C. 2330 note) is amended— 13 (A) in subsection (b), by striking ‘‘com- 14 mercial items’’ in paragraphs (1) and (2)(A) 15 and inserting ‘‘commercial services’’; and 16 (B) in subsection (c)— 17 (i) by striking ‘‘ITEM’’ in the headings 18 for paragraphs (1) and (2) and inserting 19 ‘‘SERVICES’’; 20 (ii) in the matter in paragraph (1) 21 preceding subparagraph (A), by striking 22 ‘‘commercial item’’ and inserting ‘‘commer- 23 cial service’’; 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00464 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 465 HR 5515 PCS (iii) in paragraph (1)(A), by striking 1 ‘‘a commercial item, as described in section 2 103(5) of title 41’’ and inserting ‘‘a serv- 3 ice, as described in section 103a(1) of title 4 41’’; 5 (iv) in paragraph (1)(C)(i), by strik- 6 ing ‘‘section 103(6) of title 41’’ and insert- 7 ing ‘‘section 103a(2) of title 41’’; and 8 (v) in paragraph (2), by striking 9 ‘‘item’’ and inserting ‘‘service’’. 10 (7) Section 849(d) of the National Defense Au- 11 thorization Act for Fiscal Year 2017 (Public Law 12 114–328; 10 U.S.C. 2377 note) is amended— 13 (A) by striking ‘‘commercial items’’ in 14 paragraph (1) and inserting ‘‘commercial prod- 15 ucts’’; 16 (B) by striking ‘‘commercial item’’ in para- 17 graph (3)(B)(i) and inserting ‘‘commercial 18 product’’; and 19 (C) by adding at the end the following new 20 paragraph: 21 ‘‘(5) DEFINITION.—In this subsection, the term 22 ‘commercial product’ has the meaning given that 23 term in section 103 of title 41.’’. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00465 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 466 HR 5515 PCS (8) Section 856(a)(1) of the National Defense 1 Authorization Act for Fiscal Year 2016 (Public Law 2 114–92; 10 U.S.C. 2377 note) is amended by strik- 3 ing ‘‘commercial items or services’’ and inserting ‘‘a 4 commercial product or a commercial service, as de- 5 fined in sections 103 and 103a, respectively, of title 6 41,’’. 7 (9) Section 879 of the National Defense Au- 8 thorization Act for Fiscal Year 2017 (Public Law 9 114–328; 10 U.S.C. 2302 note) is amended— 10 (A) in the section heading, by striking 11 ‘‘COMMERCIAL ITEMS’’ and inserting ‘‘COM- 12 MERCIAL PRODUCTS’’; 13 (B) in subsection (a), by striking ‘‘com- 14 mercial items’’ and inserting ‘‘commercial prod- 15 ucts’’; 16 (C) in subsection (c)(3)— 17 (i) by striking ‘‘COMMERCIAL ITEMS’’ 18 in the paragraph heading and inserting 19 ‘‘COMMERCIAL PRODUCTS OR COMMERCIAL 20 SERVICES’’; and 21 (ii) by striking ‘‘commercial items’’ 22 and inserting ‘‘commercial products or 23 commercial services’’; and 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00466 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 467 HR 5515 PCS (D) in subsection (e)(2), by striking 1 ‘‘item’’ in subparagraphs (A) and (B) and in- 2 serting ‘‘products’’. 3 (10) Section 880 of the National Defense Au- 4 thorization Act for Fiscal Year 2017 (Public Law 5 114–328; 41 U.S.C. 3301 note) is amended by strik- 6 ing ‘‘commercial items’’ in subsection (a)(1) and in- 7 serting ‘‘commercial products’’. 8 (g) CONFORMING AMENDMENTS TO OTHER STAT- 9 UTES.— 10 (1) Section 604(g) of the American Recovery 11 and Reinvestment Act of 2009 (6 U.S.C. 453b(g)) 12 is amended— 13 (A) by striking ‘‘COMMERCIAL ITEMS’’ in 14 the subsection heading and inserting ‘‘COMMER- 15 CIAL PRODUCTS’’; 16 (B) by striking ‘‘procurement of commer- 17 cial’’ in the first sentence and all that follows 18 through ‘‘items listed’’ and inserting ‘‘procure- 19 ment of commercial products notwithstanding 20 section 1906 of title 41, United States Code, 21 with the exception of commercial products list- 22 ed’’; and 23 (C) in the second sentence— 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00467 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 468 HR 5515 PCS (i) by inserting ‘‘product’’ after ‘‘com- 1 mercial’’; and 2 (ii) by striking ‘‘in the’’ and all that 3 follows and inserting ‘‘in section 103 of 4 title 41, United States Code.’’. 5 (2) Section 142 of the Higher Education Act of 6 1965 (20 U.S.C. 1018a) is amended— 7 (A) in subsection (e)— 8 (i) by striking ‘‘COMMERCIAL ITEMS’’ 9 in the subsection heading and inserting 10 ‘‘COMMERCIAL PRODUCTS AND COMMER- 11 CIAL SERVICES’’; 12 (ii) by striking ‘‘that commercial 13 items’’ and inserting ‘‘that commercial 14 products or commercial services’’; 15 (iii) by striking ‘‘special rules for com- 16 mercial items’’ and inserting ‘‘special rules 17 for commercial products and commercial 18 services’’; 19 (iv) by striking ‘‘without regard to— 20 ’’ and all that follows through ‘‘dollar limi- 21 tation’’ and inserting ‘‘without regard to 22 any dollar limitation’’; 23 (v) by striking ‘‘; and’’ and inserting 24 a period; and 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00468 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 469 HR 5515 PCS (vi) by striking paragraph (2); 1 (B) in subsection (f)— 2 (i) by striking ‘‘ITEMS’’ in the sub- 3 section heading and inserting ‘‘PRODUCTS 4 AND SERVICES’’; 5 (ii) by striking ‘‘ITEMS’’ in the head- 6 ing of paragraph (2) and inserting ‘‘PROD- 7 UCTS AND SERVICES’’; and 8 (iii) by striking ‘‘a commercial item’’ 9 in paragraph (2) and inserting ‘‘a commer- 10 cial product or a commercial service’’; 11 (C) in subsection (h)— 12 (i) by striking ‘‘ITEMS’’ in the sub- 13 section heading and inserting ‘‘SERVICES’’; 14 and 15 (ii) by striking ‘‘commercial items’’ in 16 paragraph (1) and inserting ‘‘commercial 17 services’’; and 18 (D) in subsection (l)— 19 (i) by redesignating paragraphs (2), 20 (3), (4), and (5) as paragraphs (3), (4), 21 (5), and (6), respectively; 22 (ii) by striking paragraph (1) and in- 23 serting the following new paragraphs: 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00469 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 470 HR 5515 PCS ‘‘(1) COMMERCIAL PRODUCT.—The term ‘com- 1 mercial product’ has the meaning given the term in 2 section 103 of title 41, United States Code. 3 ‘‘(2) COMMERCIAL SERVICE.—The term ‘com- 4 mercial service’ has the meaning given the term in 5 section 103a of title 41, United States Code.’’; 6 (iii) in paragraph (3), as so redesig- 7 nated, by striking ‘‘in section’’ and all that 8 follows and inserting ‘‘in section 152 of 9 title 41, United States Code.’’; 10 (iv) in paragraph (5), as so redesig- 11 nated— 12 (I) by striking ‘‘COMMERCIAL 13 ITEMS’’ in the paragraph heading and 14 inserting ‘‘COMMERCIAL PRODUCTS 15 AND COMMERCIAL SERVICES’’; 16 (II) by striking ‘‘commercial 17 items’’ and inserting ‘‘commercial 18 products and commercial services’’; 19 and 20 (III) by striking ‘‘pursuant to’’ 21 and all that follows and inserting 22 ‘‘pursuant to sections 1901 and 23 3305(a) of title 41, United States 24 Code.’’; and 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00470 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 471 HR 5515 PCS (v) in paragraph (6), as so redesig- 1 nated, by striking ‘‘pursuant to’’ and all 2 that follows and inserting ‘‘pursuant to 3 sections 1901(a)(1) and 3305(a)(1) of title 4 41, United States Code.’’. 5 (3) Section 3901(a)(4)(A)(ii)(II) of title 31, 6 United States Code, is amended by striking ‘‘com- 7 mercial item’’ and inserting ‘‘commercial product’’. 8 (4) Section 2455(c)(1) of the Federal Acquisi- 9 tion Streamlining Act of 1994 (31 U.S.C. 6101 10 note) is amended by striking ‘‘commercial items’’ 11 and inserting ‘‘commercial products’’. 12 (5) Section 508(f) of the Federal Water Pollu- 13 tion Control Act (33 U.S.C. 1368(f)) is amended— 14 (A) in paragraph (1), by striking ‘‘com- 15 mercial items’’ and inserting ‘‘commercial prod- 16 ucts or commercial services’’; and 17 (B) in paragraph (2), by striking ‘‘the 18 term’’ and all that follows and inserting ‘‘the 19 terms ‘commercial product’ and ‘commercial 20 service’ have the meanings given those terms in 21 sections 103 and 103a, respectively, of title 41, 22 United States Code.’’. 23 (6) Section 3707 of title 40, United States 24 Code, is amended by striking ‘‘a commercial item (as 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00471 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 472 HR 5515 PCS defined in section 103 of title 41)’’ and inserting ‘‘a 1 commercial product (as defined in section 103 of 2 title 41) or a commercial service (as defined in sec- 3 tion 103a of title 41)’’. 4 (7) Subtitle III of title 40, United States Code, 5 is amended— 6 (A) in section 11101(1), by striking ‘‘COM- 7 MERCIAL ITEM.—The term ‘commercial item’ 8 has’’ and inserting ‘‘COMMERCIAL PRODUCT.— 9 The term ‘commercial product’ has’’; and 10 (B) in section 11314(a)(3), by striking 11 ‘‘items’’ each place it appears and inserting 12 ‘‘products’’. 13 (8) Section 8301(g) of the Federal Acquisition 14 Streamlining Act of 1994 (42 U.S.C. 7606 note) is 15 amended by striking ‘‘commercial items’’ and insert- 16 ing ‘‘commercial products or commercial services’’. 17 (9) Section 40118(f) of title 49, United States 18 Code, is amended— 19 (A) in paragraph (1), by striking ‘‘com- 20 mercial items’’ and inserting ‘‘commercial prod- 21 ucts’’; and 22 (B) in paragraph (2), by striking ‘‘com- 23 mercial item’’ and inserting ‘‘commercial prod- 24 uct’’. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00472 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 473 HR 5515 PCS (10) Chapter 501 of title 51, United States 1 Code, is amended— 2 (A) in section 50113(c)— 3 (i) by striking ‘‘COMMERCIAL ITEM’’ 4 in the subsection heading and inserting 5 ‘‘COMMERCIAL PRODUCT OR COMMERCIAL 6 SERVICE’’; and 7 (ii) by striking ‘‘commercial item’’ in 8 the second sentence and inserting ‘‘com- 9 mercial product or commercial service’’; 10 and 11 (B) in section 50115(b)— 12 (i) by striking ‘‘COMMERCIAL ITEM’’ 13 in the subsection heading and inserting 14 ‘‘COMMERCIAL PRODUCT OR COMMERCIAL 15 SERVICE’’; and 16 (ii) by striking ‘‘commercial item’’ in 17 the second sentence and inserting ‘‘com- 18 mercial product or commercial service’’; 19 and 20 (C) in section 50132(a)— 21 (i) by striking ‘‘COMMERCIAL ITEM’’ 22 in the subsection heading and inserting 23 ‘‘COMMERCIAL SERVICE’’; and 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00473 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 474 HR 5515 PCS (ii) by striking ‘‘commercial item’’ in 1 the second sentence and inserting ‘‘com- 2 mercial service’’. 3 (h) SAVINGS PROVISION.—Any provision of law that 4 on the day before the effective date of this section is on 5 a list of provisions of law included in the Federal Acquisi- 6 tion Regulation pursuant to section 1907 of title 41, 7 United States Code, shall be deemed as of that effective 8 date to be on a list of provisions of law included in the 9 Federal Acquisition Regulation pursuant to section 1906 10 of such title. 11 SEC. 832. DEFINITION OF SUBCONTRACT. 12 (a) STANDARD DEFINITION IN TITLE 41, UNITED 13 STATES CODE.— 14 (1) IN GENERAL.—Chapter 1 of title 41, United 15 States Code, is amended— 16 (A) by redesignating sections 115 and 116 17 as sections 116 and 117, respectively; and 18 (B) by inserting after section 114 the fol- 19 lowing new section 115: 20 ‘‘§ 115. Subcontract 21 ‘‘(a) IN GENERAL.—In this subtitle, the term ‘sub- 22 contract’ means a contract entered into by a prime con- 23 tractor or subcontractor for the purpose of obtaining sup- 24 plies, materials, equipment, or services of any kind under 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00474 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 475 HR 5515 PCS a prime contract. The term includes a transfer of a com- 1 mercial product or commercial service between divisions, 2 subsidiaries, or affiliates of a contractor or subcontractor. 3 ‘‘(b) MATTERS NOT INCLUDED.—In this subtitle, the 4 term ‘subcontract’ does not include— 5 ‘‘(1) a contract the costs of which are applied 6 to general and administrative expenses or indirect 7 costs; or 8 ‘‘(2) an agreement entered into by a contractor 9 or subcontractor for the supply of a commodity, a 10 commercial product, or a commercial service that is 11 intended for use in the performance of multiple con- 12 tracts.’’. 13 (2) CLERICAL AMENDMENT.—The table of sec- 14 tions at the beginning of chapter 1 of title 41, 15 United States Code, is amended by striking the 16 items relating to sections 115 and 116 and inserting 17 the following new items: 18 ‘‘115. Subcontract. ‘‘116. Supplies. ‘‘117. Technical data.’’. (b) CONFORMING AMENDMENTS TO TITLE 41, 19 UNITED STATES CODE.—Title 41, United States Code, is 20 further amended as follows: 21 (1) Section 1502(b)(1) is amended— 22 (A) by striking subparagraph (A); 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00475 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 476 HR 5515 PCS (B) by redesignating subparagraphs (B) 1 and (C) as subparagraphs (A) and (B), respec- 2 tively; and 3 (C) in subparagraph (B), as so redesig- 4 nated, by striking ‘‘Subparagraph (B)’’ and in- 5 serting ‘‘Subparagraph (A)’’. 6 (2) Section 1906 is amended— 7 (A) in subsection (c)— 8 (i) by striking paragraph (1); 9 (ii) by redesignating paragraphs (2), 10 (3), and (4) as paragraphs (1), (2), and 11 (3), respectively; 12 (iii) in paragraph (1), as so redesig- 13 nated, by striking ‘‘paragraph (3)’’ and in- 14 serting ‘‘paragraph (2)’’; and 15 (iv) in paragraph (2), as so redesig- 16 nated, by striking ‘‘paragraph (2)’’ and in- 17 serting ‘‘paragraph (1)’’; and 18 (B) in subsection (e), by striking ‘‘(c)(3)’’ 19 both places it appears and inserting ‘‘(c)(2)’’. 20 (3) Section 3307(e)(2) is amended— 21 (A) by striking subparagraph (A); 22 (B) by redesignating subparagraphs (B), 23 (C), (D), and (E) as subparagraphs (A), (B), 24 (C), and (D), respectively; 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00476 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 477 HR 5515 PCS (C) in subparagraph (C), as so redesig- 1 nated— 2 (i) by striking ‘‘subparagraph (B)’’ 3 and inserting ‘‘subparagraph (A)’’; and 4 (ii) by striking ‘‘subparagraph (C)’’ 5 and inserting ‘‘subparagraph (B)’’; and 6 (D) in subparagraph (D), as so redesig- 7 nated, by striking ‘‘subparagraph (B)’’ and in- 8 serting ‘‘subparagraph (A)’’. 9 (4) Section 3501(a) is amended by striking 10 paragraph (3). 11 (c) INCORPORATION OF TITLE 41 DEFINITION IN 12 CHAPTERS 137 AND 140 OF TITLE 10, UNITED STATES 13 CODE.— 14 (1) DEFINITIONS FOR PURPOSES OF CHAPTER 15 137.—Section 2302(3) of title 10, United States 16 Code, is amended by adding at the end the following 17 new subparagraph: 18 ‘‘(N) The term ‘subcontract’.’’. 19 (2) DEFINITIONS FOR PURPOSES OF CHAPTER 20 140.— 21 (A) Section 2375(c) of title 10, United 22 States Code, is amended— 23 (i) by striking paragraph (3); and 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00477 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 478 HR 5515 PCS (ii) by redesignating paragraph (4) as 1 paragraph (3). 2 (B) Section 2376(1) of such title is amend- 3 ed by striking ‘‘and ‘commercial component’ 4 have’’ and inserting ‘‘ ‘commercial component’, 5 and ‘subcontract’ have’’. 6 SEC. 833. LIMITATION ON APPLICABILITY TO DEPARTMENT 7 OF DEFENSE COMMERCIAL CONTRACTS OF 8 CERTAIN PROVISIONS OF LAW AND CERTAIN 9 EXECUTIVE ORDERS AND REGULATIONS. 10 (a) INAPPLICABILITY OF CERTAIN PROVISIONS OF 11 LAW.— 12 (1) SECTION 2375.—Section 2375 of title 10, 13 United States Code, is amended— 14 (A) in subsection (b)(2), by striking ‘‘Jan- 15 uary 1, 2015’’ and inserting ‘‘October 13, 16 1994’’; and 17 (B) in subsections (b)(2), (c)(2), and 18 (d)(2), by striking ‘‘unless the’’ and all that fol- 19 lows and inserting a period. 20 (2) SECTION 2533A.—Section 2533a(i) of such 21 title is amended— 22 (A) in the subsection heading, by striking 23 ‘‘ITEMS’’ and inserting ‘‘PRODUCTS’’; and 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00478 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 479 HR 5515 PCS (B) by striking ‘‘commercial items’’ and in- 1 serting ‘‘commercial products’’. 2 (3) SECTION 2533B.—Section 2533b(h) of such 3 title is amended— 4 (A) the subsection heading, by striking 5 ‘‘ITEMS’’ and inserting ‘‘PRODUCTS’’; and 6 (B) by striking ‘‘commercial items’’ each 7 place it appears and inserting ‘‘commercial 8 products’’. 9 (b) INAPPLICABILITY OF CERTAIN EXECUTIVE OR- 10 DERS AND REGULATIONS.—Chapter 140 of title 10, 11 United States Code, is amended by inserting after section 12 2375 the following new section: 13 ‘‘§ 2375a. Applicability of certain Executive orders 14 and regulations 15 ‘‘(a) EXECUTIVE ORDERS.— 16 ‘‘(1) COMMERCIAL CONTRACTS.—No Depart- 17 ment of Defense commercial contract shall be sub- 18 ject to an Executive order issued after the date of 19 the enactment of this section unless the Executive 20 order specifically provides that it is applicable to 21 contracts for the procurement of commercial prod- 22 ucts and commercial services by the Department of 23 Defense. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00479 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 480 HR 5515 PCS ‘‘(2) SUBCONTRACTS UNDER COMMERCIAL CON- 1 TRACTS.—No subcontract under a Department of 2 Defense commercial contract shall be subject to an 3 Executive order issued after the date of the enact- 4 ment of this section unless the Executive order spe- 5 cifically provides that it is applicable to subcontracts 6 under Department of Defense contracts for the pro- 7 curement of commercial products and commercial 8 services. 9 ‘‘(b) REGULATIONS AND POLICIES.— 10 ‘‘(1) COMMERCIAL CONTRACTS.—No Depart- 11 ment of Defense commercial contract shall be sub- 12 ject to any Department of Defense regulation or pol- 13 icy prescribed after the date of the enactment of this 14 section unless the regulation or policy specifically 15 provides that it is applicable to contracts for the 16 procurement of commercial products and commercial 17 services by the Department of Defense. 18 ‘‘(2) SUBCONTRACTS UNDER COMMERCIAL CON- 19 TRACTS.—No subcontract under a Department of 20 Defense commercial contract shall be subject to any 21 Department of Defense regulation or order pre- 22 scribed after the date of the enactment of this sec- 23 tion unless the regulation or policy specifically pro- 24 vides that it is applicable to subcontracts under De- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00480 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 481 HR 5515 PCS partment of Defense contracts for the procurement 1 of commercial products and commercial services. 2 ‘‘(c) DEPARTMENT OF DEFENSE COMMERCIAL CON- 3 TRACTS.—In this section, the term ‘Department of De- 4 fense commercial contract’ means a contract for the pro- 5 curement of a commercial product or commercial service 6 entered into by the Secretary of Defense.’’. 7 (c) CLERICAL AMENDMENT.—The table of sections 8 at the beginning of such chapter is amended by inserting 9 after the item relating to section 2375 the following new 10 item: 11 ‘‘2375a. Applicability of certain Executive orders and regulations.’’. SEC. 834. MODIFICATIONS TO PROCUREMENT THROUGH 12 COMMERCIAL E-COMMERCE PORTALS. 13 (a) IN GENERAL.—Section 846 of the National De- 14 fense Authorization Act for Fiscal Year 2018 (Public Law 15 115–91; 41 U.S.C. 1901 note) is amended— 16 (1) in subsection (f), by adding at the end the 17 following new paragraph: 18 ‘‘(5) A procurement of a product made through 19 a commercial e-commerce portal under the program 20 established pursuant to subsection (a) is deemed to 21 satisfy requirements for full and open competition 22 pursuant to section 2304 of title 10, United States 23 Code, and section 3301 of title 41, United States 24 Code, if— 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00481 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 482 HR 5515 PCS ‘‘(A) there are offers from two or more 1 suppliers of such a product or similar product 2 with substantially the same physical, functional, 3 or performance characteristics on the online 4 marketplace; and 5 ‘‘(B) the Administrator establishes proce- 6 dures to implement subparagraph (A) and noti- 7 fies Congress at least 30 days before imple- 8 menting such procedures.’’; 9 (2) in subsection (h), by striking paragraph (3) 10 and inserting the following: 11 ‘‘(3) agree not to use, for pricing, marketing, 12 competitive, or other purposes, any information, in- 13 cluding any Government-owned data, such as pur- 14 chasing trends or spending habits, related to a prod- 15 uct from a third-party supplier featured on the com- 16 mercial e-commerce portal or the transaction of such 17 product, except as necessary to comply with the re- 18 quirements of the program established in subsection 19 (a).’’; 20 (3) by redesignating subsections (j) and (k) as 21 subsections (k) and (l), respectively; and 22 (4) by inserting after subsection (i) the fol- 23 lowing new subsection: 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00482 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 483 HR 5515 PCS ‘‘(j) MICRO-PURCHASE THRESHOLD.—Notwith- 1 standing section 2338 of title 10, United States Code, and 2 section 1902 of title 41, United States Code, the micro- 3 purchase threshold for a procurement of a product 4 through a commercial e-commerce portal used under the 5 program established under subsection (a) is $25,000.’’. 6 (b) SENSE OF CONGRESS.—It is the sense of Con- 7 gress that— 8 (1) the implementation of any e-commerce por- 9 tal under such section 846 to procure commercial 10 products will be done in a manner that will enhance 11 competition, expedite procurement, and ensure rea- 12 sonable pricing of commercial products; 13 (2) the implementation of the e-commerce por- 14 tal will be completed with multiple contracts with 15 multiple commercial e-commerce portal providers; 16 and 17 (3) the Administrator of the General Services 18 Administration should require any e-commerce por- 19 tal provider to take the necessary precautions to 20 safeguard data of all other e-commerce portal pro- 21 viders and any third-party suppliers. 22 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00483 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 484 HR 5515 PCS SEC. 835. REVIEW OF FEDERAL ACQUISITION REGULA- 1 TIONS ON COMMERCIAL PRODUCTS, COM- 2 MERCIAL SERVICES, AND COMMERCIALLY 3 AVAILABLE OFF-THE-SHELF ITEMS. 4 (a) REVIEW OF DETERMINATIONS NOT TO EXEMPT 5 CONTRACTS FOR COMMERCIAL PRODUCTS, COMMERCIAL 6 SERVICES, AND COMMERCIALLY AVAILABLE OFF-THE- 7 SHELF ITEMS FROM CERTAIN LAWS AND REGULA- 8 TIONS.—Not later than 1 year after the date of the enact- 9 ment of this Act, the Federal Acquisition Regulatory 10 Council shall— 11 (1) review each determination of the Federal 12 Acquisition Regulatory Council pursuant to section 13 1906(b)(2), section 1906(c)(3), or section 14 1907(a)(2) of title 41, United States Code, not to 15 exempt contracts or subcontracts from laws which 16 such contracts and subcontracts would otherwise be 17 exempt from under section 1906(d) of title 41, 18 United States Code; and 19 (2) propose revisions to the Federal Acquisition 20 Regulation to provide an exemption from each law 21 subject to such determination unless the Council de- 22 termines that there is a specific reason not to pro- 23 vide the exemptions pursuant to section 1906 of 24 such title or the Administrator for Federal Procure- 25 ment Policy determines there is a specific reason not 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00484 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 485 HR 5515 PCS to provide the exemption pursuant to section 1907 1 of such title. 2 (b) REVIEW OF CERTAIN CONTRACT CLAUSE RE- 3 QUIREMENTS APPLICABLE TO COMMERCIAL PRODUCTS 4 AND COMMERCIAL SERVICES CONTRACTS.—Not later 5 than 1 year after the date of the enactment of this Act, 6 the Federal Acquisition Regulatory Council shall— 7 (1) review the Federal Acquisition Regulation 8 to assess all regulations that require a specific con- 9 tract clause for a contract using commercial product 10 or commercial services acquisition procedures under 11 part 12 of the Federal Acquisition Regulation, ex- 12 cept for regulations required by law or Executive 13 order; and 14 (2) propose revisions to the Federal Acquisition 15 Regulation to eliminate regulations reviewed under 16 paragraph (1) unless the Federal Acquisition Regu- 17 latory Council determines on a case-by-case basis 18 that there is a specific reason not to eliminate the 19 regulation. 20 (c) ELIMINATION OF CERTAIN CONTRACT CLAUSE 21 REGULATIONS APPLICABLE TO COMMERCIALLY AVAIL- 22 ABLE OFF-THE-SHELF ITEM SUBCONTRACTS.—Not later 23 than 1 year after the date of the enactment of this Act, 24 the Federal Acquisition Regulatory Council shall— 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00485 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 486 HR 5515 PCS (1) review the Federal Acquisition Regulation 1 to assess all regulations that require a prime con- 2 tractor to include a specific contract clause in a sub- 3 contract for commercially available off-the-shelf 4 items unless the inclusion of such clause is required 5 by law or Executive order; and 6 (2) propose revisions to the Federal Acquisition 7 Regulation to eliminate regulations reviewed under 8 paragraph (1) unless the Federal Acquisition Regu- 9 latory Council determines on a case-by-case basis 10 that there is a specific reason not to eliminate the 11 regulation. 12 Subtitle D—Industrial Base 13 Matters 14 SEC. 841. REQUIREMENT THAT CERTAIN SHIP COMPO- 15 NENTS BE MANUFACTURED IN THE NA- 16 TIONAL TECHNOLOGY AND INDUSTRIAL 17 BASE. 18 (a) ADDITIONAL PROCUREMENT LIMITATION.—Sec- 19 tion 2534(a) of title 10, United States Code, is amended 20 by adding at the end the following new paragraph: 21 ‘‘(6) COMPONENTS FOR AUXILIARY SHIPS.— 22 Subject to subsection (k), the following components: 23 ‘‘(A) Auxiliary equipment, including 24 pumps, for all shipboard services. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00486 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 487 HR 5515 PCS ‘‘(B) Propulsion system components, in- 1 cluding engines, reduction gears, and propellers. 2 ‘‘(C) Shipboard cranes. 3 ‘‘(D) Spreaders for shipboard cranes.’’. 4 (b) IMPLEMENTATION.—Such section is further 5 amended by adding at the end the following new sub- 6 section: 7 ‘‘(k) IMPLEMENTATION OF AUXILIARY SHIP COMPO- 8 NENT LIMITATION.—Subsection (a)(6) applies only with 9 respect to contracts awarded by the Secretary of a military 10 department for new construction of an auxiliary ship after 11 the date of the enactment of the National Defense Author- 12 ization Act for Fiscal Year 2019 using funds available for 13 National Defense Sealift Fund programs or Shipbuilding 14 and Conversion, Navy. For purposes of this subsection, 15 the term ‘auxiliary ship’ does not include an icebreaker.’’. 16 SEC. 842. REPORT ON DOMESTIC SOURCING OF SPECIFIC 17 COMPONENTS FOR ALL NAVAL VESSELS. 18 Not later than March 1, 2019, the Secretary of the 19 Navy shall submit to the congressional defense committees 20 a report that provides a market survey and cost assess- 21 ment associated with limiting competition to domestic 22 sources for— 23 (1) naval vessel components listed in section 24 2534(a)(3) of title 10, United States Code; 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00487 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 488 HR 5515 PCS (2) expanding such list to include all ships au- 1 thorized using funds available for Shipbuilding and 2 Conversion, Navy and Other Procurement, Navy; 3 and 4 (3) expanding such list to include waterjet ma- 5 rine propulsion systems, azimuth thrusters, and bow 6 thrusters for all ships authorized using funds avail- 7 able for Shipbuilding and Conversion, Navy and 8 Other Procurement, Navy. 9 SEC. 843. REMOVAL OF NATIONAL INTEREST DETERMINA- 10 TION REQUIREMENTS FOR CERTAIN ENTI- 11 TIES. 12 (a) IN GENERAL.—Effective October 1, 2020, a cov- 13 ered NTIB entity operating under a special security agree- 14 ment pursuant to the National Industrial Security Pro- 15 gram shall not be required to obtain a national interest 16 determination as a condition for access to proscribed infor- 17 mation. 18 (b) ACCELERATION AUTHORIZED.—Notwithstanding 19 the effective date of this section, the Secretary of Defense, 20 in consultation with the Director of the Information Secu- 21 rity Oversight Office, may waive the requirement to obtain 22 a national interest determination for a covered NTIB enti- 23 ty operating under such a special security agreement that 24 has— 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00488 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 489 HR 5515 PCS (1) a demonstrated successful record of compli- 1 ance with the National Industrial Security Program; 2 and 3 (2) previously been approved for access to pro- 4 scribed information. 5 (c) DEFINITIONS.—In this section: 6 (1) COVERED NTIB ENTITY.—The term ‘‘cov- 7 ered NTIB entity’’ means a person that is a sub- 8 sidiary located in the United States— 9 (A) for which the ultimate parent company 10 and any intermediate parent companies of such 11 subsidiary are located in a country that is part 12 of the national technology and industrial base 13 (as defined in section 2500 of title 10, United 14 States Code); and 15 (B) that is subject to the foreign owner- 16 ship, control, or influence requirements of the 17 National Industrial Security Program. 18 (2) PROSCRIBED INFORMATION.—The term 19 ‘‘proscribed information’’ means information that 20 is— 21 (A) classified at the level of top secret; 22 (B) communications security information 23 (excluding controlled cryptographic items when 24 un-keyed or utilized with unclassified keys); 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00489 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 490 HR 5515 PCS (C) restricted data (as defined in section 1 11 of the Atomic Energy Act of 1954 (42 2 U.S.C. 2014)); 3 (D) special access program information 4 under section 4.3 of Executive Order No. 5 13526 (75 Fed. Reg. 707; 50 U.S.C. 3161 6 note) or successor order; or 7 (E) designated as sensitive compartmented 8 information. 9 SEC. 844. PILOT PROGRAM TO TEST MACHINE-VISION 10 TECHNOLOGIES TO DETERMINE THE AU- 11 THENTICITY AND SECURITY OF MICROELEC- 12 TRONIC PARTS IN WEAPON SYSTEMS. 13 (a) PILOT PROGRAM AUTHORIZED.—The Undersec- 14 retary of Defense for Research and Engineering, in coordi- 15 nation with the Defense Microelectronics Activity, shall es- 16 tablish a pilot program to test the feasibility and reliability 17 of using machine-vision technologies to determine the au- 18 thenticity and security of microelectronic parts in weapon 19 systems. 20 (b) OBJECTIVES OF PILOT PROGRAM.—The Under- 21 secretary of Defense for Research and Engineering, in co- 22 ordination with the Defense Microelectronics Activity, 23 shall design any pilot program conducted under this sec- 24 tion to determine the following: 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00490 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 491 HR 5515 PCS (1) The effectiveness and technology readiness 1 level of machine-vision technologies to determine the 2 authenticity of microelectronic parts at the time of 3 the creation of such part through final insertion of 4 such part into weapon systems. 5 (2) The best method of incorporating machine- 6 vision technologies into the process of developing, 7 transporting, and inserting microelectronics into 8 weapon systems. 9 (3) The rules, regulations, or processes that 10 hinder the development and incorporation of ma- 11 chine-vision technologies, and the application of such 12 rules, regulations, or processes to mitigate counter- 13 feit microelectronics proliferation throughout the De- 14 partment of Defense. 15 (c) CONSULTATION.—To develop the pilot program 16 under this section, the Undersecretary of Defense for Re- 17 search and Engineering, in coordination with the Defense 18 Microelectronics Activity, may consult with the following 19 entities: 20 (1) Manufacturers of semiconductors or elec- 21 tronics. 22 (2) Industry associations relating to semi- 23 conductors or electronics. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00491 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 492 HR 5515 PCS (3) Original equipment manufacturers of prod- 1 ucts for the Department of Defense. 2 (4) Nontraditional defense contractors (as de- 3 fined in section 2302(9) of title 10, United States 4 Code) that are machine vision companies. 5 (5) Federal laboratories (as defined in section 6 2500(5) of title 10, United States Code). 7 (6) Other elements of the Department of De- 8 fense that fall under the authority of the Undersec- 9 retary of Defense for Research and Engineering. 10 (d) COMMENCEMENT AND DURATION.—The pilot 11 program established under this section shall be established 12 not later than April 1, 2019, and all activities under such 13 pilot program shall terminate not later than December 31, 14 2020. 15 SEC. 845. SECURITY OF DEPARTMENT OF DEFENSE TELE- 16 COMMUNICATION SERVICES. 17 In awarding contracts for telecommunication services 18 or installation of telecommunication infrastructure on 19 military installations located in the United States or its 20 territories, the Secretary of Defense shall give preference 21 to American-owned and -operated companies. 22 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00492 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 493 HR 5515 PCS SEC. 846. SENSE OF CONGRESS ON UNMANNED GROUND 1 VEHICLE TECHNOLOGY. 2 It is the sense of Congress that design, manufac- 3 turing, and repair of the technology in unmanned ground 4 vehicles is critical to national security. To that end, the 5 national technology and industrial base periodic defense 6 capability assessments required under section 2505 of title 7 10, United States Code, as well as the national security 8 strategy for the national technology and industrial base 9 required under section 2501 of such title, should include 10 the unmanned ground vehicles industry. 11 Subtitle E—Small Business Matters 12 SEC. 851. DEPARTMENT OF DEFENSE SMALL BUSINESS 13 STRATEGY. 14 (a) IN GENERAL.—Chapter 136 of title 10, United 15 States Code, is amended by adding at the end the fol- 16 lowing new section: 17 ‘‘§ 2283. Department of Defense small business strat- 18 egy 19 ‘‘(a) IN GENERAL.—The Secretary of Defense shall 20 implement a small business strategy for the Department 21 of Defense that meets the requirements of this section. 22 ‘‘(b) UNIFIED MANAGEMENT STRUCTURE.—As part 23 of the small business strategy described in subsection (a), 24 the Secretary shall ensure that there is a unified manage- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00493 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 494 HR 5515 PCS ment structure within the Department for the functions 1 of the Department relating to— 2 ‘‘(1) programs and activities related to small 3 business concerns (as defined in section 3 of the 4 Small Business Act); 5 ‘‘(2) manufacturing and industrial base policy; 6 and 7 ‘‘(3) any procurement technical assistance pro- 8 gram established under chapter 142 of this title. 9 ‘‘(c) PURPOSE OF SMALL BUSINESS PROGRAMS.— 10 The Secretary shall ensure that programs and activities 11 of the Department of Defense related to small business 12 concerns are carried out so as to further national defense 13 programs and priorities and the statements of purpose for 14 Department of Defense acquisition set forth in section 801 15 of the National Defense Authorization Act for Fiscal Year 16 2018 (Public Law 115–91; 131 Stat. 1449). 17 ‘‘(d) POINTS OF ENTRY INTO DEFENSE MARKET.— 18 The Secretary shall ensure— 19 ‘‘(1) that opportunities for small business con- 20 cerns to contract with the Department of Defense 21 are identified clearly; and 22 ‘‘(2) that small business concerns are able to 23 have access to program managers, contracting offi- 24 cers, and other persons using the products or serv- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00494 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 495 HR 5515 PCS ices of such concern to the extent necessary to in- 1 form such persons of emerging and existing capabili- 2 ties of such concerns. 3 ‘‘(e) ENHANCED OUTREACH UNDER PROCUREMENT 4 TECHNICAL ASSISTANCE PROGRAM MARKET.—The Sec- 5 retary shall enable and promote activities to provide co- 6 ordinated outreach to small business concerns through any 7 procurement technical assistance program established 8 under chapter 142 of this title to facilitate small business 9 contracting with the Department of Defense.’’. 10 (b) IMPLEMENTATION.— 11 (1) DEADLINE.—The Secretary of Defense shall 12 develop the small business strategy required by sec- 13 tion 2283 of title 10, United States Code, as added 14 by subsection (a), not later than 180 days after the 15 date of the enactment of this Act. 16 (2) NOTICE TO CONGRESS AND PUBLICATION.— 17 Upon completion of the development of the small 18 business strategy pursuant to paragraph (1), the 19 Secretary shall— 20 (A) transmit the strategy to Congress; and 21 (B) publish the strategy on a public 22 website of the Department of Defense. 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00495 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 496 HR 5515 PCS (c) CLERICAL AMENDMENT.—The table of sections 1 at the beginning of such chapter is amended by adding 2 at the end the following new item: 3 ‘‘2283. Department of Defense small business strategy.’’. SEC. 852. PROMPT PAYMENTS OF SMALL BUSINESS CON- 4 TRACTORS. 5 Section 2307(a) of title 10, United States Code, is 6 amended— 7 (1) by redesignating paragraphs (1) and (2) as 8 subparagraphs (A) and (B), respectively; 9 (2) by striking ‘‘The head of any agency may— 10 ’’ and inserting ‘‘(1) The head of any agency may’’; 11 and 12 (3) by adding at the end the following new 13 paragraph: 14 ‘‘(2)(A) For a prime contractor (as defined in section 15 8701 of title 41) that is a small business concern (as de- 16 fined in section 3 of the Small Business Act (15 U.S.C. 17 632)), the head of an agency shall, to the fullest extent 18 permitted by law, establish an accelerated payment date 19 with a goal of 15 days after receipt of a proper invoice 20 for the amount due if a specific payment date is not estab- 21 lished by contract. 22 ‘‘(B) For a prime contractor that subcontracts with 23 a small business concern, the head of an agency shall, to 24 the fullest extent permitted by law, establish an acceler- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00496 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 497 HR 5515 PCS ated payment date with a goal of 15 days after receipt 1 of a proper invoice for the amount due if— 2 ‘‘(i) a specific payment date is not established 3 by contract; and 4 ‘‘(ii) the prime contractor agrees to make pay- 5 ments to the subcontractor in accordance with the 6 accelerated payment date, to the maximum extent 7 practicable, without any further consideration from 8 or fees charged to the subcontractor.’’. 9 SEC. 853. INCREASED PARTICIPATION IN THE SMALL BUSI- 10 NESS ADMINISTRATION MICROLOAN PRO- 11 GRAM. 12 (a) DEFINITIONS.—In this section— 13 (1) the term ‘‘intermediary’’ has the meaning 14 given that term in section 7(m)(11) of the Small 15 Business Act (15 U.S.C. 636(m)(11)); and 16 (2) the term ‘‘microloan program’’ means the 17 program established under section 7(m) of the Small 18 Business Act (15 U.S.C. 636(m)). 19 (b) MICROLOAN INTERMEDIARY LENDING LIMIT IN- 20 CREASED.—Section 7(m)(3)(C) of the Small Business Act 21 (15 U.S.C. 636(m)(3)(C)) is amended by striking 22 ‘‘$5,000,000’’ and inserting ‘‘$6,000,000’’. 23 (c) MICROLOAN TECHNICAL ASSISTANCE.—Section 24 7(m)(4)(E) of the Small Business Act (15 U.S.C. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00497 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 498 HR 5515 PCS 636(m)(4)(E)) is amended by striking ‘‘25 percent’’ each 1 place such term appears and inserting ‘‘50 percent’’. 2 (d) SBA STUDY OF MICROENTERPRISE PARTICIPA- 3 TION.—Not later than 1 year after the date of enactment 4 of this section, the Administrator of the Small Business 5 Administration shall conduct a study and submit to the 6 Committee on Small Business and Entrepreneurship of 7 the Senate and the Committee on Small Business of the 8 House of Representatives a report on— 9 (1) the operations (including services provided, 10 structure, size, and area of operation) of a rep- 11 resentative sample of— 12 (A) intermediaries that are eligible to par- 13 ticipate in the microloan program and that do 14 participate; and 15 (B) intermediaries that are eligible to par- 16 ticipate in the microloan program and that do 17 not participate; 18 (2) the reasons why eligible intermediaries de- 19 scribed in paragraph (1)(B) choose not to partici- 20 pate in the microloan program; 21 (3) recommendations on how to encourage in- 22 creased participation in the microloan program by 23 eligible intermediaries described in paragraph 24 (1)(B); and 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00498 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 499 HR 5515 PCS (4) recommendations on how to decrease the 1 costs associated with participation in the microloan 2 program for eligible intermediaries. 3 (e) GAO STUDY ON MICROLOAN INTERMEDIARY 4 PRACTICES.—Not later than 1 year after the date of en- 5 actment of this section, the Comptroller General of the 6 United States shall submit to the Committee on Small 7 Business and Entrepreneurship of the Senate and the 8 Committee on Small Business of the House of Representa- 9 tives a report evaluating— 10 (1) oversight of the microloan program by the 11 Small Business Administration, including oversight 12 of intermediaries participating in the microloan pro- 13 gram; and 14 (2) the specific processes used by the Small 15 Business Administration to ensure— 16 (A) compliance by intermediaries partici- 17 pating in the microloan program; and 18 (B) the overall performance of the 19 microloan program. 20 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00499 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 500 HR 5515 PCS SEC. 854. AMENDMENTS TO SMALL BUSINESS INNOVATION 1 RESEARCH PROGRAM AND SMALL BUSINESS 2 TECHNOLOGY TRANSFER PROGRAM. 3 (a) USE OF SBIR OR STTR FUNDING FOR ADMINIS- 4 TRATIVE COSTS.—Section 9 of the Small Business Act (15 5 U.S.C. 638) is amended— 6 (1) in subsection (f)— 7 (A) in paragraph (2), by striking ‘‘shall 8 not’’ and all that follows through ‘‘make avail- 9 able’’ and inserting ‘‘shall not make available’’; 10 and 11 (B) by adding at the end the following new 12 paragraph: 13 ‘‘(5) ADMINISTRATIVE COSTS.—A Federal agen- 14 cy may use up to 3 percent of its SBIR budget es- 15 tablished pursuant to paragraph (1) for the purpose 16 of funding administrative costs of the program.’’; 17 and 18 (2) in subsection (n)— 19 (A) in paragraph (2), by striking ‘‘shall 20 not’’ and all that follows through ‘‘make avail- 21 able’’ and inserting ‘‘shall not make available’’; 22 and 23 (B) by adding at the end the following new 24 paragraph: 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00500 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 501 HR 5515 PCS ‘‘(4) ADMINISTRATIVE COSTS.—A Federal agen- 1 cy may use up to 3 percent of its SBIR budget es- 2 tablished pursuant to paragraph (1) for the purpose 3 of funding administrative costs of the program.’’. 4 (b) EXPANSION OF PHASE FLEXIBILITY.—Section 5 9(cc) of such Act (15 U.S.C. 638(cc)) is amended by strik- 6 ing ‘‘During fiscal years’’ and all that follows through 7 ‘‘may each provide’’ and inserting ‘‘During fiscal years 8 2018 through 2022, all agencies participating in the SBIR 9 program may provide’’. 10 (c) IMPROVEMENTS TO TECHNICAL AND BUSINESS 11 ASSISTANCE.—Section 9(q) of the Small Business Act (15 12 U.S.C. 638(q)) is amended— 13 (1) in the subsection heading, by inserting 14 ‘‘AND BUSINESS’’ after ‘‘TECHNICAL’’; 15 (2) in paragraph (1)— 16 (A) in the matter preceding subparagraph 17 (A)— 18 (i) by striking ‘‘a vendor selected 19 under paragraph (2)’’ and inserting ‘‘1 or 20 more vendors selected under paragraph 21 (2)(A)’’; 22 (ii) by inserting ‘‘and business’’ before 23 ‘‘assistance services’’; and 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00501 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 502 HR 5515 PCS (iii) by inserting ‘‘assistance with 1 product sales, intellectual property protec- 2 tions, market research, market validation, 3 and development of regulatory plans and 4 manufacturing plans,’’ after ‘‘tech- 5 nologies,’’; and 6 (B) in subparagraph (D), by inserting ‘‘, 7 including intellectual property protections’’ be- 8 fore the period at the end; 9 (3) in paragraph (2)— 10 (A) by striking ‘‘Each agency may select a 11 vendor to assist small business concerns to 12 meet’’ and inserting the following: 13 ‘‘(A) IN GENERAL.—Each agency may se- 14 lect 1 or more vendors from which small busi- 15 ness concerns may obtain assistance in meet- 16 ing’’; and 17 (B) by adding at the end the following: 18 ‘‘(B) SELECTION BY SMALL BUSINESS 19 CONCERN.—A small business concern may, by 20 contract or otherwise, select 1 or more vendors 21 to assist the small business concern in meeting 22 the goals listed in paragraph (1).’’; and 23 (4) in paragraph (3)— 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00502 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 503 HR 5515 PCS (A) by inserting ‘‘(A)’’ after ‘‘paragraph 1 (2)’’ each place it appears; 2 (B) in subparagraph (A), by striking 3 ‘‘$5,000 per year’’ each place it appears and in- 4 serting ‘‘$6,500 per year’’; 5 (C) in subparagraph (B)— 6 (i) by striking ‘‘$5,000 per year’’ each 7 place it appears and inserting ‘‘$50,000 8 per project’’; and 9 (ii) in clause (ii), by striking ‘‘which 10 shall be in addition to the amount of the 11 recipient’s award’’ and inserting ‘‘which 12 may, as determined appropriate by the 13 head of the agency, be included as part of 14 the recipient’s award or be in addition to 15 the amount of the recipient’s award’’; 16 (D) in subparagraph (C)— 17 (i) by inserting ‘‘or business’’ after 18 ‘‘technical’’; 19 (ii) by striking ‘‘the vendor’’ and in- 20 serting ‘‘a vendor’’; and 21 (iii) by adding at the end the fol- 22 lowing: ‘‘Business-related services aimed at 23 improving the commercialization success of 24 a small business concern may be obtained 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00503 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 504 HR 5515 PCS from an entity, such as a public or private 1 organization or an agency of or other enti- 2 ty established or funded by a State that fa- 3 cilitates or accelerates the commercializa- 4 tion of technologies or assists in the cre- 5 ation and growth of private enterprises 6 that are commercializing technology.’’; 7 (E) in subparagraph (D)— 8 (i) by inserting ‘‘or business’’ after 9 ‘‘technical’’ each place it appears; and 10 (ii) in clause (i), by striking ‘‘the ven- 11 dor’’ and inserting ‘‘1 or more vendors’’; 12 and 13 (F) by adding at the end the following: 14 ‘‘(E) MULTIPLE AWARD RECIPIENTS.—The 15 Administrator shall establish a limit on the 16 amount of technical and business assistance 17 services that may be received or purchased 18 under subparagraph (B) by a small business 19 concern that has received multiple Phase II 20 SBIR or STTR awards for a fiscal year.’’. 21 SEC. 855. CONSTRUCTION CONTRACT ADMINISTRATION. 22 Section 15 of the Small Business Act (15 U.S.C. 644) 23 is amended by adding at the end the following new sub- 24 section: 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00504 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 505 HR 5515 PCS ‘‘(w) SOLICITATION NOTICE REGARDING ADMINIS- 1 TRATION OF CHANGE ORDERS FOR CONSTRUCTION.— 2 ‘‘(1) IN GENERAL.—With respect to any solici- 3 tation for the award of a contract for construction 4 anticipated to be awarded to a small business con- 5 cern, the agency administering such contract shall 6 provide a notice along with the solicitation to pro- 7 spective bidders and offerors that includes— 8 ‘‘(A) information about the agency’s poli- 9 cies or practices in complying with the require- 10 ments of the Federal Acquisition Regulation re- 11 lating to the timely definitization of requests for 12 an equitable adjustment; and 13 ‘‘(B) information about the agency’s past 14 performance in definitizing requests for equi- 15 table adjustments in accordance with paragraph 16 (2). 17 ‘‘(2) REQUIREMENTS FOR AGENCIES.—An 18 agency shall provide the past performance informa- 19 tion described under paragraph (1)(B) as follows: 20 ‘‘(A) For the 3-year period preceding the 21 issuance of the notice, to the extent such infor- 22 mation is available. 23 ‘‘(B) With respect to an agency that, on 24 the date of the enactment of this subsection, 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00505 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 506 HR 5515 PCS has not compiled the information described 1 under paragraph (1)(B)— 2 ‘‘(i) beginning 1 year after the date of 3 the enactment of this subsection, for the 1- 4 year period preceding the issuance of the 5 notice; 6 ‘‘(ii) beginning 2 years after the date 7 of the enactment of this subsection, for the 8 2-year period preceding the issuance of the 9 notice; and 10 ‘‘(iii) beginning 3 years after the date 11 of the enactment of this subsection and 12 each year thereafter, for the 3-year period 13 preceding the issuance of the notice. 14 ‘‘(3) FORMAT OF PAST PERFORMANCE INFOR- 15 MATION.—In the notice required under paragraph 16 (1), the agency shall ensure that the past perform- 17 ance information described under paragraph (1)(B) 18 is set forth separately for each definitization action 19 that was completed during the following periods: 20 ‘‘(A) Not more than 30 days after receipt 21 of a request for an equitable adjustment. 22 ‘‘(B) Not more than 60 days after receipt 23 of a request for an equitable adjustment. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00506 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 507 HR 5515 PCS ‘‘(C) Not more than 90 days after receipt 1 of a request for an equitable adjustment. 2 ‘‘(D) Not more than 180 days after receipt 3 of a request for an equitable adjustment. 4 ‘‘(E) More than 365 days after receipt of 5 a request for an equitable adjustment. 6 ‘‘(F) After the completion of the perform- 7 ance of the contract through a contract modi- 8 fication addressing all undefinitized requests for 9 an equitable adjustment received during the 10 term of the contract.’’. 11 SEC. 856. BROADBAND AND EMERGING INFORMATION 12 TECHNOLOGY COORDINATOR. 13 (a) IN GENERAL.—The Small Business Act (15 14 U.S.C. 631 et seq.) is amended— 15 (1) by redesignating section 47 as section 48; 16 and 17 (2) by inserting after section 46 the following: 18 ‘‘SEC. 47. BROADBAND AND EMERGING INFORMATION 19 TECHNOLOGY. 20 ‘‘(a) DEFINITIONS.—In this section— 21 ‘‘(1) the term ‘OII Associate Administrator’ 22 means the Associate Administrator for the Office of 23 Investment and Innovation; and 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00507 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 508 HR 5515 PCS ‘‘(2) the term ‘broadband and emerging infor- 1 mation technology coordinator’ means the employee 2 designated to carry out the broadband and emerging 3 information technology coordination responsibilities 4 of the Administration under subsection (b)(1). 5 ‘‘(b) ASSIGNMENT OF COORDINATOR.— 6 ‘‘(1) ASSIGNMENT OF COORDINATOR.—The OII 7 Associate Administrator shall designate a senior em- 8 ployee of the Office of Investment and Innovation to 9 serve as the broadband and emerging information 10 technology coordinator, who— 11 ‘‘(A) shall report to the OII Associate Ad- 12 ministrator; 13 ‘‘(B) shall work in coordination with— 14 ‘‘(i) the chief information officer, the 15 chief technology officer, and the head of 16 the Office of Technology of the Adminis- 17 tration; and 18 ‘‘(ii) any other Associate Adminis- 19 trator of the Administration determined 20 appropriate by the OII Associate Adminis- 21 trator; 22 ‘‘(C) has experience developing and imple- 23 menting telecommunications policy in the pri- 24 vate sector or government; and 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00508 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 509 HR 5515 PCS ‘‘(D) has demonstrated significant experi- 1 ence in the area of broadband or emerging in- 2 formation technology. 3 ‘‘(2) RESPONSIBILITIES OF COORDINATOR.— 4 The broadband and emerging information technology 5 coordinator shall— 6 ‘‘(A) coordinate programs of the Adminis- 7 tration that assist small business concerns in 8 adopting, making innovations in, and using 9 broadband and other emerging information 10 technologies; 11 ‘‘(B) serve as the primary liaison of the 12 Administration to other Federal agencies in- 13 volved in broadband and emerging information 14 technology policy, including the Department of 15 Commerce, the Department of Agriculture, and 16 the Federal Communications Commission; 17 ‘‘(C) identify best practices relating to 18 broadband and emerging information tech- 19 nology that may benefit small business con- 20 cerns; and 21 ‘‘(D) identify and catalog tools and train- 22 ing available through the resource partners of 23 the Administration that assist small business 24 concerns in adopting, making innovations in, 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00509 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 510 HR 5515 PCS and using broadband and emerging tech- 1 nologies. 2 ‘‘(3) TRAVEL.—Not more than 20 percent of 3 the hours of service by the broadband and emerging 4 information technology coordinator during any fiscal 5 year shall consist of travel outside the United States 6 to perform official duties. 7 ‘‘(c) BROADBAND AND EMERGING TECHNOLOGY 8 TRAINING.— 9 ‘‘(1) TRAINING.—The OII Associate Adminis- 10 trator shall provide to employees of the Administra- 11 tion training that— 12 ‘‘(A) familiarizes employees of the Admin- 13 istration with broadband and other emerging 14 information technologies; 15 ‘‘(B) includes— 16 ‘‘(i) instruction on counseling small 17 business concerns regarding adopting, 18 making innovations in, and using 19 broadband and other emerging information 20 technologies; and 21 ‘‘(ii) information on programs of the 22 Federal Government that provide assist- 23 ance to small business concerns relating to 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00510 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 511 HR 5515 PCS broadband and emerging information tech- 1 nologies; and 2 ‘‘(C) to maximum extent practicable, uses 3 the tools and training cataloged and identified 4 under subsection (b)(2)(D). 5 ‘‘(2) FUNDING.—The Administrator shall use 6 funds made available to the Office of Investment 7 and Innovation to carry out this subsection. 8 ‘‘(d) REPORTS.— 9 ‘‘(1) BIENNIAL REPORT ON ACTIVITIES.—Not 10 later than 2 years after the date on which the OII 11 Associate Administrator makes the first designation 12 of an employee under subsection (b), and every 2 13 years thereafter, the broadband and emerging infor- 14 mation technology coordinator shall submit to the 15 Committee on Small Business and Entrepreneurship 16 of the Senate and the Committee on Small Business 17 of the House of Representatives a report regarding 18 the programs and activities of the Administration re- 19 lating to broadband and other emerging information 20 technologies. 21 ‘‘(2) IMPACT OF BROADBAND SPEED AND PRICE 22 ON SMALL BUSINESSES.— 23 ‘‘(A) IN GENERAL.—Subject to appropria- 24 tions, the Chief Counsel for Advocacy shall con- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00511 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 512 HR 5515 PCS duct a study evaluating the impact of 1 broadband speed and price on small business 2 concerns. 3 ‘‘(B) REPORT.—Not later than 3 years 4 after the date of enactment of the Small Busi- 5 ness Broadband and Emerging Information 6 Technology Enhancement Act of 2017, the 7 Chief Counsel for Advocacy shall submit to the 8 Committee on Commerce, Science, and Trans- 9 portation and the Committee on Small Business 10 and Entrepreneurship of the Senate and the 11 Committee on Energy and Commerce and the 12 Committee on Small Business of the House of 13 Representatives a report on the results of the 14 study under subparagraph (A), including— 15 ‘‘(i) a survey of broadband speeds 16 available to small business concerns; 17 ‘‘(ii) a survey of the cost of broadband 18 speeds available to small business con- 19 cerns; 20 ‘‘(iii) a survey of the type of 21 broadband technology used by small busi- 22 ness concerns; and 23 ‘‘(iv) any policy recommendations that 24 may improve the access of small business 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00512 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 513 HR 5515 PCS concerns to comparable broadband services 1 at comparable rates in all regions of the 2 United States.’’. 3 (b) ENTREPRENEURIAL DEVELOPMENT.—Section 4 21(c)(3)(B) of the Small Business Act (15 U.S.C. 5 648(c)(3)(B)) is amended— 6 (1) in the matter preceding clause (i), by insert- 7 ing ‘‘accessing broadband and other emerging infor- 8 mation technology,’’ after ‘‘technology transfer,’’; 9 (2) in clause (ii), by striking ‘‘and’’ at the end; 10 (3) in clause (iii), by adding ‘‘and’’ at the end; 11 and 12 (4) by adding at the end the following: 13 ‘‘(iv) increasing the competitiveness and 14 productivity of small business concerns by as- 15 sisting owners of such concerns in accessing 16 broadband and other emerging information 17 technology;’’. 18 SEC. 857. AMENDMENTS TO THE SMALL BUSINESS INVEST- 19 MENT ACT OF 1958. 20 (a) INVESTMENT IN SMALL BUSINESS INVESTMENT 21 COMPANIES.—Section 302(b) of the Small Business In- 22 vestment Act of 1958 (15 U.S.C. 682(b)) is amended— 23 (1) in paragraph (1), by inserting before the pe- 24 riod the following: ‘‘or, subject to the approval of the 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00513 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 514 HR 5515 PCS appropriate Federal banking agency, 15 percent of 1 such capital and surplus’’; 2 (2) in paragraph (2), by inserting before the pe- 3 riod the following: ‘‘or, subject to the approval of the 4 appropriate Federal banking agency, 15 percent of 5 such capital and surplus’’; and 6 (3) by adding at the end the following: 7 ‘‘(3) APPROPRIATE FEDERAL BANKING AGENCY 8 DEFINED.—For purposes of this subsection, the 9 term ‘appropriate Federal banking agency’ has the 10 meaning given that term under section 3 of the Fed- 11 eral Deposit Insurance Act.’’. 12 (b) INCREASE TO MAXIMUM LEVERAGE LIMIT.—Sec- 13 tion 303(b)(2)(A)(ii) of the Small Business Investment 14 Act of 1958 (15 U.S.C. 683(b)(2)(A)(ii)) is amended by 15 striking ‘‘$150,000,000’’ and inserting ‘‘$175,000,000’’. 16 SEC. 858. CONSOLIDATED BUDGET JUSTIFICATION FOR 17 THE DEPARTMENT OF DEFENSE SMALL BUSI- 18 NESS INNOVATION RESEARCH PROGRAM AND 19 SMALL BUSINESS TECHNOLOGY TRANSFER 20 PROGRAM. 21 (a) SUBMISSION WITH ANNUAL BUDGET JUSTIFICA- 22 TION DOCUMENTS.—The Secretary of Defense, acting 23 through the Under Secretary of Defense for Research and 24 Engineering, shall include in the materials submitted to 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00514 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 515 HR 5515 PCS Congress by the Secretary of Defense in support of the 1 budget of the President for each fiscal year (as submitted 2 to Congress under section 1105 of title 31, United States 3 Code) a budget justification for all activities conducted 4 under a Small Business Innovation Research Program or 5 Small Business Technology Transfer Program (as such 6 terms are defined, respectively, in section 9(e) of the Small 7 Business Act (15 U.S.C. 638(e))) of the Department of 8 Defense during the previous fiscal year. 9 (b) REQUIREMENTS FOR BUDGET DISPLAY.—The 10 budget justification under subsection (a) shall include— 11 (1) the amount obligated or expended, by ap- 12 propriation and functional area, for each activity 13 conducted under a Small Business Innovation Re- 14 search Program or Small Business Technology 15 Transfer Program, with supporting narrative de- 16 scriptions and rationale for the funding levels; and 17 (2) a summary and estimate of funding re- 18 quired during the period covered by the current fu- 19 ture-years defense program (as defined under section 20 221 of title 10, United States Code). 21 (c) TERMINATION.—The requirements of this section 22 shall terminate on December 31, 2022. 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00515 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 516 HR 5515 PCS SEC. 859. FUNDING FOR PROCUREMENT TECHNICAL AS- 1 SISTANCE PROGRAM. 2 (a) AMOUNT OF ASSISTANCE FROM SECRETARY.— 3 Section 2413(b) of title 10, United States Code, is amend- 4 ed— 5 (1) by striking ‘‘not more than 65 percent’’ and 6 inserting ‘‘not more than 75 percent’’; and 7 (2) in paragraph (1), by striking ‘‘more than 65 8 percent, but not more than 75 percent’’ and insert- 9 ing ‘‘more than 75 percent, but not more than 85 10 percent’’. 11 (b) FUNDING FOR ELIGIBLE ENTITIES.—Section 12 2414(a) of such title is amended— 13 (1) in paragraph (1), by striking ‘‘$750,000’’ 14 and inserting ‘‘$1,000,000’’; 15 (2) in paragraph (2), by striking ‘‘$450,000’’ 16 and inserting ‘‘$750,000’’; 17 (3) in paragraph (3), by striking ‘‘$300,000’’ 18 and inserting ‘‘$450,000’’; and 19 (4) in paragraph (4), by striking ‘‘$750,000’’ 20 and inserting ‘‘$1,000,000’’. 21 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00516 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 517 HR 5515 PCS SEC. 860. EXEMPTION OF CERTAIN CONTRACTS FROM THE 1 PERIODIC INFLATION ADJUSTMENTS TO THE 2 ACQUISITION-RELATED DOLLAR THRESH- 3 OLD. 4 Subparagraph (B) of section 1908(b)(2) of title 41, 5 United States Code, is amended by inserting ‘‘3131 to 6 3134,’’ after ‘‘sections’’. 7 SEC. 861. SCORE. 8 (a) SCORE REAUTHORIZATION.—Section 20 of the 9 Small Business Act (15 U.S.C. 631 note) is amended— 10 (1) by redesignating subsection (j) as sub- 11 section (f); and 12 (2) by adding at the end the following: 13 ‘‘(g) SCORE PROGRAM.—There are authorized to be 14 appropriated to the Administrator to carry out the 15 SCORE program authorized by section 8(b)(1) such sums 16 as are necessary for the Administrator to make grants or 17 enter into cooperative agreements in a total amount that 18 does not exceed $10,500,000 in each of fiscal years 2018 19 and 2019.’’. 20 (b) SCORE PROGRAM.—Section 8 of the Small Busi- 21 ness Act (15 U.S.C. 637) is amended— 22 (1) in subsection (b)(1)(B), by striking ‘‘a Serv- 23 ice Corps of Retired Executives (SCORE)’’ and in- 24 serting ‘‘the SCORE program described in sub- 25 section (c)’’; and 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00517 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 518 HR 5515 PCS (2) by striking subsection (c) and inserting the 1 following: 2 ‘‘(c) SCORE PROGRAM.— 3 ‘‘(1) DEFINITION.—In this subsection: 4 ‘‘(A) SCORE ASSOCIATION.—The term 5 ‘SCORE Association’ means the Service Corps 6 of Retired Executives Association or any suc- 7 cessor or other organization who receives a 8 grant from the Administrator to operate the 9 SCORE program under paragraph (2)(A). 10 ‘‘(B) SCORE PROGRAM.—The term 11 ‘SCORE program’ means the SCORE program 12 authorized by subsection (b)(1)(B). 13 ‘‘(2) MANAGEMENT AND VOLUNTEERS.— 14 ‘‘(A) IN GENERAL.—The Administrator 15 shall provide a grant to the SCORE Association 16 to manage the SCORE program. 17 ‘‘(B) VOLUNTEERS.—A volunteer partici- 18 pating in the SCORE program shall— 19 ‘‘(i) based on the business experience 20 and knowledge of the volunteer— 21 ‘‘(I) provide at no cost to individ- 22 uals who own, or aspire to own, small 23 business concerns personal counseling, 24 mentoring, and coaching relating to 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00518 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 519 HR 5515 PCS the process of starting, expanding, 1 managing, buying, and selling a busi- 2 ness; and 3 ‘‘(II) facilitate low-cost education 4 workshops for individuals who own, or 5 aspire to own, small business con- 6 cerns; and 7 ‘‘(ii) as appropriate, use tools, re- 8 sources, and expertise of other organiza- 9 tions to carry out the SCORE program. 10 ‘‘(3) PLANS AND GOALS.—The Administrator, 11 in consultation with the SCORE Association, shall 12 ensure that the SCORE program and each chapter 13 of the SCORE program develop and implement 14 plans and goals to more effectively and efficiently 15 provide services to individuals in rural areas, eco- 16 nomically disadvantaged communities, and other tra- 17 ditionally underserved communities, including plans 18 for electronic initiatives, web-based initiatives, chap- 19 ter expansion, partnerships, and the development of 20 new skills by volunteers participating in the SCORE 21 program. 22 ‘‘(4) ANNUAL REPORT.—The SCORE Associa- 23 tion shall submit to the Administrator an annual re- 24 port that contains— 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00519 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 520 HR 5515 PCS ‘‘(A) the number of individuals counseled 1 or trained under the SCORE program; 2 ‘‘(B) the number of hours of counseling 3 provided under the SCORE program; and 4 ‘‘(C) to the extent possible— 5 ‘‘(i) the number of small business con- 6 cerns formed with assistance from the 7 SCORE program; 8 ‘‘(ii) the number of small business 9 concerns expanded with assistance from 10 the SCORE program; and 11 ‘‘(iii) the number of jobs created with 12 assistance from the SCORE program. 13 ‘‘(5) PRIVACY REQUIREMENTS.— 14 ‘‘(A) IN GENERAL.—Neither the Adminis- 15 trator nor the SCORE Association may disclose 16 the name, address, or telephone number of any 17 individual or small business concern receiving 18 assistance from the SCORE Association with- 19 out the consent of such individual or small busi- 20 ness concern, unless— 21 ‘‘(i) the Administrator is ordered to 22 make such a disclosure by a court in any 23 civil or criminal enforcement action initi- 24 ated by a Federal or State agency; or 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00520 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 521 HR 5515 PCS ‘‘(ii) the Administrator determines 1 such a disclosure to be necessary for the 2 purpose of conducting a financial audit of 3 the SCORE program, in which case disclo- 4 sure shall be limited to the information 5 necessary for the audit. 6 ‘‘(B) ADMINISTRATOR USE OF INFORMA- 7 TION.—This paragraph shall not— 8 ‘‘(i) restrict the access of the Adminis- 9 trator to program activity data; or 10 ‘‘(ii) prevent the Administrator from 11 using client information to conduct client 12 surveys. 13 ‘‘(C) STANDARDS.— 14 ‘‘(i) IN GENERAL.—The Administrator 15 shall, after the opportunity for notice and 16 comment, establish standards for— 17 ‘‘(I) disclosures with respect to 18 financial audits under subparagraph 19 (A)(ii); and 20 ‘‘(II) conducting client surveys, 21 including standards for oversight of 22 the surveys and for dissemination and 23 use of client information. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00521 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 522 HR 5515 PCS ‘‘(ii) MAXIMUM PRIVACY PROTEC- 1 TION.—The standards issued under this 2 subparagraph shall, to the extent prac- 3 ticable, provide for the maximum amount 4 of privacy protection.’’. 5 (c) ONLINE COMPONENT.— 6 (1) IN GENERAL.—Section 8(c) of the Small 7 Business Act (15 U.S.C. 637(c)), as amended by 8 subsection (b), is further amended by adding at the 9 end the following: 10 ‘‘(6) ONLINE COMPONENT.—In carrying out 11 this subsection, the SCORE Association shall make 12 use of online counseling, including by developing and 13 implementing webinars and an electronic mentoring 14 platform to expand access to services provided under 15 this subsection and to further support entre- 16 preneurs.’’. 17 (2) ONLINE COMPONENT REPORT.— 18 (A) IN GENERAL.—At the end of fiscal 19 year 2018, the SCORE Association shall issue 20 a report to the Committee on Small Business of 21 the House of Representatives and the Com- 22 mittee on Small Business and Entrepreneurship 23 of the Senate on the effectiveness of the online 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00522 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 523 HR 5515 PCS counseling and webinars required as part of the 1 SCORE program, including— 2 (i) how the SCORE Association deter- 3 mines electronic mentoring and webinar 4 needs, develops training for electronic men- 5 toring, establishes webinar criteria cur- 6 ricula, and evaluates webinar and elec- 7 tronic mentoring results; 8 (ii) describing the internal controls 9 that are used and a summary of the topics 10 covered by the webinars; and 11 (iii) performance metrics, including 12 the number of small business concerns 13 counseled by, the number of small business 14 concerns created by, the number of jobs 15 created and retained by, and the funding 16 amounts directed towards such online 17 counseling and webinars. 18 (B) DEFINITIONS.—For purposes of this 19 subsection, the terms ‘‘SCORE Association’’ 20 and ‘‘SCORE program’’ have the meaning 21 given those terms, respectively, under section 22 8(c)(1) of the Small Business Act (15 U.S.C. 23 637(c)(1)). 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00523 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 524 HR 5515 PCS (d) STUDY AND REPORT ON THE FUTURE ROLE OF 1 THE SCORE PROGRAM.— 2 (1) STUDY.—The SCORE Association shall 3 carry out a study on the future role of the SCORE 4 program and develop a strategic plan for how the 5 SCORE program will evolve to meet the needs of 6 small business concerns and potential future small 7 business concerns over the course of the 5 years fol- 8 lowing the date of enactment of this Act, with mark- 9 ers and specific objectives for year 1, year 3, and 10 year 5. 11 (2) REPORT.—Not later than the end of the 6- 12 month period beginning on the date of the enact- 13 ment of this Act, the SCORE Association shall issue 14 a report to the Committee on Small Business of the 15 House of Representatives and the Committee on 16 Small Business and Entrepreneurship of the Senate 17 containing— 18 (A) all findings and determination made in 19 carrying out the study required under para- 20 graph (1); 21 (B) the strategic plan developed under 22 paragraph (1); 23 (C) an explanation of how the SCORE As- 24 sociation plans to achieve the strategic plan, as- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00524 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 525 HR 5515 PCS suming both stagnant and increased funding 1 levels. 2 (3) DEFINITIONS.—For purposes of this sec- 3 tion, the terms ‘‘SCORE Association’’ and ‘‘SCORE 4 program’’ have the meaning given those terms, re- 5 spectively, under section 8(c)(1) of the Small Busi- 6 ness Act (15 U.S.C. 637(c)(1)). 7 (e) TECHNICAL AND CONFORMING AMENDMENTS.— 8 (1) SMALL BUSINESS ACT.—The Small Busi- 9 ness Act (15 U.S.C. 631 et seq.) is amended— 10 (A) in section 7(m)(3)(A)(i)(VIII) (15 11 U.S.C. 636(m)(3)(A)(i)(VIII)), by striking 12 ‘‘Service Corps of Retired Executives’’ and in- 13 serting ‘‘SCORE program’’; and 14 (B) in section 22 (15 U.S.C. 649)— 15 (i) in subsection (b)— 16 (I) in paragraph (1), by striking 17 ‘‘Service Corps of Retired Executives’’ 18 and inserting ‘‘SCORE program’’; 19 and 20 (II) in paragraph (3), by striking 21 ‘‘Service Corps of Retired Executives’’ 22 and inserting ‘‘SCORE program’’; 23 and 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00525 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 526 HR 5515 PCS (ii) in subsection (c)(12), by striking 1 ‘‘Service Corps of Retired Executives’’ and 2 inserting ‘‘SCORE program’’. 3 (2) OTHER LAWS.— 4 (A) CHILDREN’S HEALTH INSURANCE PRO- 5 GRAM REAUTHORIZATION ACT OF 2009.—Sec- 6 tion 621 of the Children’s Health Insurance 7 Program Reauthorization Act of 2009 (15 8 U.S.C. 657p) is amended— 9 (i) in subsection (a), by striking para- 10 graph (4) and inserting the following: 11 ‘‘(4) the term ‘SCORE program’ means the 12 SCORE program authorized by section 8(b)(1)(B) 13 of the Small Business Act (15 U.S.C. 14 637(b)(1)(B));’’; and 15 (ii) in subsection (b)(4)(A)(iv), by 16 striking ‘‘Service Corps of Retired Execu- 17 tives’’ and inserting ‘‘SCORE program’’. 18 (B) ENERGY POLICY AND CONSERVATION 19 ACT.—Section 337(d)(2)(A) of the Energy Pol- 20 icy and Conservation Act (42 U.S.C. 21 6307(d)(2)(A)) is amended by striking ‘‘Service 22 Corps of Retired Executives (SCORE)’’ and in- 23 serting ‘‘SCORE program’’. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00526 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 527 HR 5515 PCS SEC. 862. PROCUREMENT TECHNICAL ASSISTANCE CEN- 1 TERS. 2 (a) AUTHORIZATION TO FORM ASSOCIATION.—Pro- 3 curement Technical Assistance Centers are authorized to 4 form an association to pursue matters of common concern. 5 (b) RECOGNITION BY SECRETARY OF DEFENSE.—If 6 more than half of the Procurement Technical Assistance 7 Centers which are operating pursuant to agreements with 8 the Department of Defense are members of such an asso- 9 ciation, the Secretary of Defense shall— 10 (1) recognize the existence and activities of 11 such an association; and 12 (2) consult with it and develop documents— 13 (A) announcing the annual scope of activi- 14 ties pursuant to this section; 15 (B) requesting proposals to deliver assist- 16 ance as provided in this section; and 17 (C) governing the general operations and 18 administration of the Procurement Technical 19 Assistance Program, specifically including the 20 development of regulations and a uniform nego- 21 tiated cooperative agreement for use on an an- 22 nual basis when entering into individual nego- 23 tiated agreements with Procurement Technical 24 Assistance Centers. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00527 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 528 HR 5515 PCS SEC. 863. COMMERCIALIZATION ASSISTANCE PILOT PRO- 1 GRAM. 2 Section 9 of the Small Business Act (15 U.S.C. 638) 3 is amended by adding at the end the following new sub- 4 section: 5 ‘‘(tt) COMMERCIALIZATION ASSISTANCE PILOT PRO- 6 GRAMS.— 7 ‘‘(1) PILOT PROGRAMS IMPLEMENTED.— 8 ‘‘(A) IN GENERAL.—Except as provided in 9 subparagraph (B), not later than one year after 10 the date of the enactment of this subsection, a 11 covered agency shall implement a commer- 12 cialization assistance pilot program, under 13 which an eligible entity may receive a subse- 14 quent Phase II SBIR award. 15 ‘‘(B) EXCEPTION.—If the Administrator 16 determines that a covered agency has a pro- 17 gram that is sufficiently similar to the commer- 18 cialization assistance pilot program established 19 under this subsection, such covered agency shall 20 not be required to implement a commercializa- 21 tion assistance pilot program under this sub- 22 section. 23 ‘‘(2) PERCENT OF AGENCY FUNDS.—The head 24 of each covered agency may allocate not more than 25 5 percent of the funds allocated to the SBIR pro- 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00528 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 529 HR 5515 PCS gram of the covered agency for the purpose of mak- 1 ing a subsequent Phase II SBIR award under the 2 commercialization assistance pilot program. 3 ‘‘(3) TERMINATION.—A commercialization as- 4 sistance pilot program established under this sub- 5 section shall terminate on September 30, 2022. 6 ‘‘(4) APPLICATION.—To be selected to receive a 7 subsequent Phase II SBIR award under a commer- 8 cialization assistance pilot program, an eligible enti- 9 ty shall submit to the covered agency implementing 10 such pilot program an application at such time, in 11 such manner, and containing such information as 12 the covered agency may require, including— 13 ‘‘(A) an updated Phase II commercializa- 14 tion plan; and 15 ‘‘(B) the source and amount of the match- 16 ing funding required under paragraph (5). 17 ‘‘(5) MATCHING FUNDING.— 18 ‘‘(A) IN GENERAL.—The Administrator 19 shall require, as a condition of any subsequent 20 Phase II SBIR award made to an eligible entity 21 under this subsection, that a matching amount 22 (excluding any fees collected by the eligible enti- 23 ty receiving such award) equal to the amount of 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00529 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 530 HR 5515 PCS such award be provided from an eligible third- 1 party investor. 2 ‘‘(B) INELIGIBLE SOURCES.—An eligible 3 entity may not use funding from ineligible 4 sources to meet the matching requirement of 5 subparagraph (A). 6 ‘‘(6) AWARD.—A subsequent Phase II SBIR 7 award made to an eligible entity under this sub- 8 section— 9 ‘‘(A) may not exceed the limitation de- 10 scribed under subsection (aa)(1); and 11 ‘‘(B) shall be disbursed during Phase II. 12 ‘‘(7) USE OF FUNDS.—The funds awarded to 13 an eligible entity under this subsection may only be 14 used for research and development activities that 15 build on eligible entity’s Phase II program and en- 16 sure the research funded under such Phase II is 17 rapidly progressing towards commercialization. 18 ‘‘(8) SELECTION.—In selecting eligible entities 19 to participate in a commercialization assistance pilot 20 program under this subsection, the head of a covered 21 agency shall consider— 22 ‘‘(A) the extent to which such award could 23 aid the eligible entity in commercializing the re- 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00530 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 531 HR 5515 PCS search funded under the eligible entity’s Phase 1 II program; 2 ‘‘(B) whether the updated Phase II com- 3 mercialization plan submitted under paragraph 4 (4) provides a sound approach for establishing 5 technical feasibility that could lead to commer- 6 cialization of such research; 7 ‘‘(C) whether the proposed activities to be 8 conducted under such updated Phase II com- 9 mercialization plan further improve the likeli- 10 hood that such research will provide societal 11 benefits; 12 ‘‘(D) whether the small business concern 13 has progressed satisfactorily in Phase II to jus- 14 tify receipt of a subsequent Phase II SBIR 15 award; 16 ‘‘(E) the expectations of the eligible third- 17 party investor that provides matching funding 18 under paragraph (5); and 19 ‘‘(F) the likelihood that the proposed ac- 20 tivities to be conducted under such updated 21 Phase II commercialization plan using matching 22 funding provided by such eligible third-party in- 23 vestor will lead to commercial and societal ben- 24 efit. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00531 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 532 HR 5515 PCS ‘‘(9) EVALUATION REPORT.—Not later than 3 1 years after the date of the enactment of this sub- 2 section, the Comptroller General of the United 3 States shall submit to the Committee on Science, 4 Space, and Technology and the Committee on Small 5 Business of the House of Representatives, and the 6 Committee on Small Business and Entrepreneurship 7 of the Senate, a report including— 8 ‘‘(A) a summary of the activities of com- 9 mercialization assistance pilot programs carried 10 out under this subsection; 11 ‘‘(B) a detailed compilation of results 12 achieved by such commercialization assistance 13 pilot programs, including the number of eligible 14 entities that received awards under such pro- 15 grams; 16 ‘‘(C) the rate at which each eligible entity 17 that received a subsequent Phase II SBIR 18 award under this subsection commercialized re- 19 search of the recipient; 20 ‘‘(D) the growth in employment and rev- 21 enue of eligible entities that is attributable to 22 participation in a commercialization assistance 23 pilot program; 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00532 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 533 HR 5515 PCS ‘‘(E) a comparison of commercialization 1 success of eligible entities participating in a 2 commercialization assistance pilot program with 3 recipients of an additional Phase II SBIR 4 award under subsection (ff); 5 ‘‘(F) demographic information, such as 6 ethnicity and geographic location, of eligible en- 7 tities participating in a commercialization as- 8 sistance pilot program; 9 ‘‘(G) an accounting of the funds used at 10 each covered agency that implements a commer- 11 cialization assistance pilot program under this 12 subsection; 13 ‘‘(H) the amount of matching funding pro- 14 vided by eligible third-party investors, set forth 15 separately by source of funding; 16 ‘‘(I) an analysis of the effectiveness of the 17 commercialization assistance pilot program im- 18 plemented by each covered agency; and 19 ‘‘(J) recommendations for improvements to 20 the commercialization assistance pilot program. 21 ‘‘(10) DEFINITIONS.—For purposes of this sub- 22 section: 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00533 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 534 HR 5515 PCS ‘‘(A) COVERED AGENCY.—The term ‘cov- 1 ered agency’ means a Federal agency required 2 to have an SBIR program. 3 ‘‘(B) ELIGIBLE ENTITY.—The term ‘eligi- 4 ble entity’ means a small business concern that 5 has received a Phase II award under an SBIR 6 program and an additional Phase II SBIR 7 award under subsection (ff) from the covered 8 agency to which such small business concern is 9 applying for a subsequent Phase II SBIR 10 award. 11 ‘‘(C) ELIGIBLE THIRD-PARTY INVESTOR.— 12 The term ‘eligible third-party investor’ means a 13 small business concern other than an eligible 14 entity, a venture capital firm, an individual in- 15 vestor, a non-SBIR Federal, State or local gov- 16 ernment, or any combination thereof. 17 ‘‘(D) INELIGIBLE SOURCES.—The term 18 ‘ineligible sources’ means the following: 19 ‘‘(i) The eligible entity’s internal re- 20 search and development funds. 21 ‘‘(ii) Funding in forms other than 22 cash, such as in-kind or other intangible 23 assets. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00534 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 535 HR 5515 PCS ‘‘(iii) Funding from the owners of the 1 eligible entity, or the family members or 2 affiliates of such owners. 3 ‘‘(iv) Funding attained through loans 4 or other forms of debt obligations. 5 ‘‘(E) SUBSEQUENT PHASE II SBIR 6 AWARD.—The term ‘subsequent Phase II SBIR 7 award’ means an award granted to an eligible 8 entity under this subsection to carry out further 9 commercialization activities for research con- 10 ducted pursuant to an SBIR program.’’. 11 SEC. 864. PUERTO RICO BUSINESSES. 12 (a) DEFINITION OF PUERTO RICO BUSINESS.—Sec- 13 tion 3 of the Small Business Act (15 U.S.C. 632) is 14 amended by adding at the end the following new sub- 15 section: 16 ‘‘(ee) PUERTO RICO BUSINESS.—In this Act, the 17 term ‘Puerto Rico business’ means a small business con- 18 cern that has its principal office located in the Common- 19 wealth of Puerto Rico.’’. 20 (b) SMALL BUSINESS CREDIT FOR PUERTO RICO 21 BUSINESSES.—Section 15 of the Small Business Act (15 22 U.S.C. 644) is amended by adding at the end the following 23 new subsection: 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00535 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 536 HR 5515 PCS ‘‘(w) SMALL BUSINESS CREDIT FOR PUERTO RICO 1 BUSINESSES.— 2 ‘‘(1) CREDIT FOR MEETING CONTRACTING 3 GOALS.—If an agency awards a prime contract to 4 Puerto Rico business during the period beginning on 5 the date of enactment of this subsection and ending 6 on the date that is 4 years after such date of enact- 7 ment, the value of the contract shall be doubled for 8 purposes of determining compliance with the goals 9 for procurement contracts under subsection 10 (g)(1)(A)(i) during such period. 11 ‘‘(2) REPORT.—Along with the report required 12 under subsection (h)(1), the head of each Federal 13 agency shall submit to the Administrator, and make 14 publicly available on the scorecard described in sec- 15 tion 868(b) of the National Defense Authorization 16 Act for Fiscal Year 2016 (15 U.S.C. 644 note), an 17 analysis of the number and dollar amount of prime 18 contracts awarded pursuant to paragraph (1) for 19 each fiscal year of the period described in such para- 20 graph.’’. 21 (c) PRIORITY FOR SURPLUS PROPERTY TRANS- 22 FERS.—Section 7(j)(13)(F) of the Small Business Act (15 23 U.S.C. 636(j)(13)(F)) is amended by adding at the end 24 the following new clause: 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00536 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 537 HR 5515 PCS ‘‘(iii)(I) In this clause, the term ‘covered period’ 1 means the period beginning on the date of enact- 2 ment of this clause and ending on the date on which 3 the Oversight Board established under section 101 4 of the Puerto Rico Oversight, Management, and 5 Economic Stability Act (48 U.S.C. 2121) termi- 6 nates. 7 ‘‘(II) The Administrator may transfer tech- 8 nology or surplus property under clause (i) to a 9 Puerto Rico business if the Puerto Rico business 10 meets the requirements for such a transfer, without 11 regard to whether the Puerto Rico business is a Pro- 12 gram Participant.’’. 13 (d) CONTRACTING INCENTIVES FOR PROTEGE FIRMS 14 THAT ARE PUERTO RICO BUSINESSES.— 15 (1) IN GENERAL.—Section 45(a) of the Small 16 Business Act (15 U.S.C. 657r(a)) is amended by 17 adding at the end the following new paragraph: 18 ‘‘(3) PUERTO RICO BUSINESSES.—During the 19 period beginning on the date of enactment of this 20 paragraph and ending on the date on which the 21 Oversight Board established under section 101 of 22 the Puerto Rico Oversight, Management, and Eco- 23 nomic Stability Act (48 U.S.C. 2121) terminates, 24 the Administrator shall identify potential incentives 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00537 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 538 HR 5515 PCS to a covered mentor that awards a subcontract to its 1 covered protege, including— 2 ‘‘(A) positive consideration in any past per- 3 formance evaluation of the covered mentor; 4 ‘‘(B) the application of costs incurred for 5 providing training to such covered protege to 6 the subcontracting plan (as required under 7 paragraph (4) or (5) of section 8(d)) of the cov- 8 ered mentor; and 9 ‘‘(C) such other incentives as the Adminis- 10 trator determines appropriate.’’. 11 (2) DEFINITIONS.—Section 45(d) of the Small 12 Business Act (15 U.S.C. 657r(d)) is amended by 13 adding at the end the following new paragraphs: 14 ‘‘(4) COVERED MENTOR.—The term ‘covered 15 mentor’ means a mentor that enters into an agree- 16 ment under this Act, or under any mentor-protege 17 program approved under subsection (b)(1), with a 18 covered protege. 19 ‘‘(5) COVERED PROTEGE.—The term ‘covered 20 protege’ means a protege of a covered mentor that 21 is a Puerto Rico business.’’. 22 (e) ADDITIONAL MENTOR-PROTEGE RELATIONSHIPS 23 FOR PROTEGE FIRMS THAT ARE PUERTO RICO BUSI- 24 NESSES.—Section 45(b)(3)(A) of the Small Business Act 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00538 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 539 HR 5515 PCS (15 U.S.C. 657r(b)(3)(A)) is amended by inserting ‘‘, ex- 1 cept that such restrictions shall not apply to up to 2 men- 2 tor-protege relationships if such relationships are between 3 a covered protege and covered mentor’’ after ‘‘each partici- 4 pant’’. 5 SEC. 865. UNITED STATES VIRGIN ISLANDS SMALL BUSI- 6 NESS CONTRACTING ASSISTANCE. 7 (a) SHORT TITLE.—This section may be cited as the 8 ‘‘United States Virgin Islands Small Business Contracting 9 Assistance Act of 2018’’. 10 (b) DEFINITION OF UNITED STATES VIRGIN IS- 11 LANDS BUSINESS.—Section 3 of the Small Business Act 12 (15 U.S.C. 632) is amended by adding at the end the fol- 13 lowing new subsection: 14 ‘‘(ee) UNITED STATES VIRGIN ISLANDS BUSINESS.— 15 In this Act, the term ‘United States Virgin Islands busi- 16 ness’ means a small business concern that has its principal 17 office located in the United States Virgin Islands.’’. 18 (c) SMALL BUSINESS CREDIT FOR UNITED STATES 19 VIRGIN ISLANDS BUSINESSES.—Section 15 of the Small 20 Business Act (15 U.S.C. 644) is amended by adding at 21 the end the following new subsection: 22 ‘‘(w) SMALL BUSINESS CREDIT FOR UNITED STATES 23 VIRGIN ISLANDS BUSINESSES.— 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00539 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 540 HR 5515 PCS ‘‘(1) CREDIT FOR MEETING CONTRACTING 1 GOALS.—If an agency awards a prime contract to 2 United States Virgin Islands business during the pe- 3 riod beginning on the date of enactment of this sub- 4 section and ending on the date that is 4 years after 5 such date of enactment, the value of the contract 6 shall be doubled for purposes of determining compli- 7 ance with the goals for procurement contracts under 8 subsection (g)(1)(A)(i) during such period. 9 ‘‘(2) REPORT.—Along with the report required 10 under subsection (h)(1), the head of each Federal 11 agency shall submit to the Administrator, and make 12 publicly available on the scorecard described in sec- 13 tion 868(b) of the National Defense Authorization 14 Act for Fiscal Year 2016 (15 U.S.C. 644 note), an 15 analysis of the number and dollar amount of prime 16 contracts awarded pursuant to paragraph (1) for 17 each fiscal year of the period described in such para- 18 graph.’’. 19 (d) PRIORITY FOR SURPLUS PROPERTY TRANS- 20 FERS.—Section 7(j)(13)(F) of the Small Business Act (15 21 U.S.C. 636(j)(13)(F)) is amended by adding at the end 22 the following new clause: 23 ‘‘(iii)(I) In this clause, the term ‘covered period’ 24 means the period beginning on the date of enact- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00540 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 541 HR 5515 PCS ment of this clause and ending on the date that is 1 3 years after such date of enactment. 2 ‘‘(II) The Administrator may transfer tech- 3 nology or surplus property under clause (i) to a 4 United States Virgin Islands business during the 5 covered period if the such business meets the re- 6 quirements for such a transfer, without regard to 7 whether such business is a Program Participant.’’. 8 (e) CONTRACTING INCENTIVES FOR PROTEGE FIRMS 9 THAT ARE UNITED STATES VIRGIN ISLANDS BUSI- 10 NESSES.— 11 (1) IN GENERAL.—Section 45(a) of the Small 12 Business Act (15 U.S.C. 657r(a)) is amended by 13 adding at the end the following new paragraph: 14 ‘‘(3) UNITED STATES VIRGIN ISLANDS BUSI- 15 NESSES.—During the period beginning on the date 16 of enactment of this paragraph and ending on the 17 date that is 3 years after such date of enactment, 18 the Administrator shall identify potential incentives 19 to a covered mentor that awards a subcontract to its 20 covered protege, including— 21 ‘‘(A) positive consideration in any past per- 22 formance evaluation of the covered mentor; 23 ‘‘(B) the application of costs incurred for 24 providing training to such covered protege to 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00541 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 542 HR 5515 PCS the subcontracting plan (as required under 1 paragraph (4) or (5) of section 8(d)) of the cov- 2 ered mentor; and 3 ‘‘(C) such other incentives as the Adminis- 4 trator determines appropriate.’’. 5 (2) DEFINITIONS.—Section 45(d) of the Small 6 Business Act (15 U.S.C. 657r(d)) is amended by 7 adding at the end the following new paragraphs: 8 ‘‘(4) COVERED MENTOR.—The term ‘covered 9 mentor’ means a mentor that enters into an agree- 10 ment under this Act, or under any mentor-protege 11 program approved under subsection (b)(1), with a 12 covered protege. 13 ‘‘(5) COVERED PROTEGE.—The term ‘covered 14 protege’ means a protege of a covered mentor that 15 is a United States Virgin Islands business.’’. 16 (f) ADDITIONAL MENTOR-PROTEGE RELATIONSHIPS 17 FOR PROTEGE FIRMS THAT ARE UNITED STATES VIRGIN 18 ISLANDS BUSINESSES.—Section 45(b)(3)(A) of the Small 19 Business Act (15 U.S.C. 657r(b)(3)(A)) is amended by in- 20 serting ‘‘, except that, during the 3-year period beginning 21 on the date of the enactment of the United States Virgin 22 Islands Small Business Contracting Assistance Act of 23 2018, such restrictions shall not apply to up to 2 mentor- 24 protege relationships if such relationships are between a 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00542 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 543 HR 5515 PCS covered protege and covered mentor’’ after ‘‘each partici- 1 pant’’. 2 SEC. 866. OPPORTUNITIES FOR EMPLOYEE-OWNED BUSI- 3 NESS CONCERNS THROUGH SMALL BUSINESS 4 ADMINISTRATION LOAN PROGRAMS. 5 (a) DEFINITIONS.—In this Act— 6 (1) the terms ‘‘Administration’’ and ‘‘Adminis- 7 trator’’ means the Small Business Administration 8 and the Administrator thereof, respectively; 9 (2) the term ‘‘cooperative’’ means an entity 10 that is determined to be a cooperative by the Admin- 11 istrator, in accordance with applicable Federal and 12 State laws and regulations; 13 (3) the term ‘‘employee-owned business con- 14 cern’’ means— 15 (A) a cooperative; and 16 (B) a qualified employee trust; 17 (4) the terms ‘‘qualified employee trust’’ and 18 ‘‘small business concern’’ have the meanings given 19 those terms in section 3 of the Small Business Act 20 (15 U.S.C. 632); and 21 (5) the term ‘‘small business development cen- 22 ter’’ means a small business development center de- 23 scribed in section 21 of the Small Business Act (15 24 U.S.C. 648). 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00543 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 544 HR 5515 PCS (b) EXPANSION OF 7(A) LOANS.— 1 (1) IN GENERAL.—Section 7(a) of the Small 2 Business Act (15 U.S.C. 636(a)) is amended— 3 (A) in paragraph (15)— 4 (i) in subparagraph (A)— 5 (I) by striking ‘‘this subsection to 6 qualified employee trusts’’ and insert- 7 ing ‘‘this subsection— 8 ‘‘(i) to qualified employee trusts’’; 9 (II) in clause (i), as so des- 10 ignated— 11 (aa) by inserting ‘‘, and for 12 any transaction costs associated 13 with purchasing,’’ after ‘‘pur- 14 chasing’’; 15 (bb) by striking the period 16 at the end and inserting ‘‘; and’’; 17 and 18 (III) by adding at the end the 19 following: 20 ‘‘(ii) to a small business concern under a 21 plan approved by the Administrator, if the pro- 22 ceeds from the loan are only used to make a 23 loan to a qualified employee trust, and for any 24 transaction costs associated with making that 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00544 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 545 HR 5515 PCS loan, that results in the qualified employee trust 1 owning at least 51 percent of the small business 2 concern.’’; 3 (ii) in subparagraph (B)— 4 (I) in the matter preceding clause 5 (i), by inserting ‘‘or by the small busi- 6 ness concern’’ after ‘‘the trustee of 7 such trust’’; 8 (II) in clause (ii), by striking 9 ‘‘and’’ at the end; 10 (III) in clause (iii), by striking 11 the period at the end and inserting ‘‘, 12 and’’; and 13 (IV) by adding at the end the fol- 14 lowing: 15 ‘‘(iv) with respect to a loan made to a 16 trust, or to a cooperative in accordance with 17 paragraph (35)— 18 ‘‘(I) a seller of the small business con- 19 cern may remain involved as an officer, di- 20 rector, or key employee of the small busi- 21 ness concern when a qualified employee 22 trust or cooperative has acquired 100 per- 23 cent of ownership of the small business 24 concern; and 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00545 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 546 HR 5515 PCS ‘‘(II) any seller of the small business 1 concern who remains as an owner of the 2 small business concern, regardless of the 3 percentage of ownership interest, shall be 4 required to provide a personal guarantee 5 by the Administration.’’; and 6 (iii) by adding at the end the fol- 7 lowing: 8 ‘‘(F) A small business concern that makes a 9 loan to a qualified employee trust under subpara- 10 graph (A)(ii) is not required to contain the same 11 terms and conditions as the loan made to the small 12 business concern that is guaranteed by the Adminis- 13 tration under such subparagraph. 14 ‘‘(G) With respect to a loan made to a qualified 15 employee trust under this paragraph, or to a cooper- 16 ative in accordance with paragraph (35), the Admin- 17 istrator may, as deemed appropriate, elect to not re- 18 quire any mandatory equity to be provided by the 19 qualified employee trust or cooperative to make the 20 loan.’’; and 21 (B) by adding at the end the following: 22 ‘‘(35) LOANS TO COOPERATIVES.— 23 ‘‘(A) DEFINITION.—In this paragraph, the 24 term ‘cooperative’ means an entity that is de- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00546 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 547 HR 5515 PCS termined to be a cooperative by the Adminis- 1 trator, in accordance with applicable Federal 2 and State laws and regulation. 3 ‘‘(B) AUTHORITY.—The Administration 4 shall guarantee loans made to a cooperative for 5 the purpose described in paragraph (15).’’. 6 (2) DELEGATION OF AUTHORITY TO PRE- 7 FERRED LENDERS.—Section 5(b)(7) of the Small 8 Business Act (15 U.S.C. 634(b)(7)) is amended by 9 inserting ‘‘, including loans guaranteed under para- 10 graph (15) or (35) of section 7(a)’’ after ‘‘deferred 11 participation loans’’. 12 (c) SMALL BUSINESS INVESTMENT COMPANY PRO- 13 GRAM OUTREACH.—The Administrator shall provide out- 14 reach and educational materials to companies licensed 15 under section 301(c) of the Small Business Investment 16 Act of 1958 (15 U.S.C. 681(c)) to increase the use of 17 funds to make investments in company transitions to em- 18 ployee-owned business concerns. 19 (d) SMALL BUSINESS MICROLOAN PROGRAM OUT- 20 REACH.—The Administrator shall provide outreach and 21 educational materials to intermediaries under section 7(m) 22 of the Small Business Act (15 U.S.C. 636(m)) to increase 23 the use of funds to make loans to employee-owned busi- 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00547 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 548 HR 5515 PCS ness concerns, including transitions to employee-owned 1 business concerns. 2 (e) SMALL BUSINESS DEVELOPMENT CENTER OUT- 3 REACH AND ASSISTANCE.— 4 (1) ESTABLISHMENT.—The Administrator shall 5 establish a Small Business Employee Ownership and 6 Cooperatives Promotion Program to offer technical 7 assistance and training on the transition to employee 8 ownership through cooperatives and qualified em- 9 ployee trusts. 10 (2) SMALL BUSINESS DEVELOPMENT CEN- 11 TERS.— 12 (A) IN GENERAL.—In carrying out the 13 program established under subsection (a), the 14 Administrator shall enter into agreements with 15 small business development centers under which 16 the centers shall— 17 (i) provide access to information and 18 resources on employee ownership through 19 cooperatives or qualified employee trusts as 20 a business succession strategy; 21 (ii) conduct training and educational 22 activities; and 23 (iii) carry out the activities described 24 in subparagraph (U) of section 21(c)(3) of 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00548 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 549 HR 5515 PCS the Small Business Act (15 U.S.C. 1 648(c)(3)). 2 (B) ADDITIONAL SERVICES.—Section 3 21(c)(3) of the Small Business Act (15 U.S.C. 4 648(c)(3)) is amended— 5 (i) in subparagraph (S), by striking 6 ‘‘and’’ at the end; 7 (ii) in subparagraph (T), by striking 8 the period at the end and inserting ‘‘; 9 and’’; and 10 (iii) by adding at the end the fol- 11 lowing: 12 ‘‘(U) encouraging and assisting the provision of 13 succession planning to small business concerns with 14 a focus on transitioning to cooperatives, as defined 15 in section 7(a)(35), and qualified employee trusts 16 (collectively referred to in this subparagraph as ‘em- 17 ployee-owned business concerns’), including by— 18 ‘‘(i) providing training to individuals to 19 promote the successful management, govern- 20 ance, or operation of a business purchased by 21 those individuals in the formation of an em- 22 ployee-owned business concern; 23 ‘‘(ii) assisting employee-owned business 24 concerns that meet applicable size standards es- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00549 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 550 HR 5515 PCS tablished under section 3(a) with education and 1 technical assistance with respect to financing 2 and contracting programs administered by the 3 Administration; 4 ‘‘(iii) coordinating with lenders on con- 5 ducting outreach on financing through pro- 6 grams administered by the Administration that 7 may be used to support the transition of owner- 8 ship to employees; 9 ‘‘(iv) supporting small business concerns in 10 exploring or assessing the possibility of 11 transitioning to an employee-owned business 12 concern; and 13 ‘‘(v) coordinating with the cooperative de- 14 velopment centers of the Department of Agri- 15 culture, the land grant extension network, the 16 Manufacturing Extension Partnership, commu- 17 nity development financial institutions, em- 18 ployee ownership associations and service pro- 19 viders, and local, regional and national coopera- 20 tive associations.’’. 21 (f) INTERAGENCY WORKING GROUP.— 22 (1) IN GENERAL.—Not later than 90 days after 23 the date of enactment of this Act, the Administrator 24 (or a designee of the Administrator) shall coordinate 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00550 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 551 HR 5515 PCS and chair an interagency working group, which 1 shall— 2 (A) develop recommendations on how Fed- 3 eral programs can promote, support, and in- 4 crease the number of employee-owned business 5 concerns; 6 (B) ensure coordination with Federal agen- 7 cies and national and local employee ownership, 8 cooperative, and small business organizations; 9 and 10 (C) publish a report on the activities of the 11 interagency working group that is indexed and 12 maintained for public review. 13 (2) MEETINGS.—The interagency working 14 group shall meet at such times as determined nec- 15 essary by the, but not less than biannually. Such 16 meetings may occur in person or via electronic re- 17 sources. 18 (g) AMENDMENT TO REPORT TO CONGRESS ON STA- 19 TUS OF EMPLOYEE-OWNED FIRMS.—Section 7(a)(15)(E) 20 of the Small Business Act (15 U.S.C. 636(a)(15)(E)) is 21 amended by striking ‘‘Administration.’’ and inserting ‘‘Ad- 22 ministration, which shall include— 23 ‘‘(i) the total number of loans made to 24 employee-owned business concerns that 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00551 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 552 HR 5515 PCS were guaranteed by the Administrator 1 under section 7(a) of the Small Business 2 Act (15 U.S.C. 636(a)) or section 502 of 3 the Small Business Investment Act of 4 1958 (15 U.S.C. 696), including the num- 5 ber of loans made— 6 ‘‘(I) to small business concerns 7 owned and controlled by socially and 8 economically disadvantaged individ- 9 uals; and 10 ‘‘(II) to cooperatives; 11 ‘‘(ii) the total number of financings 12 made to employee-owned business concerns 13 by companies licensed under section 301(c) 14 of the Small Business Investment Act of 15 1958 (15 U.S.C. 696(c)), including the 16 number of financings made— 17 ‘‘(I) to small business concerns 18 owned and controlled by socially and 19 economically disadvantaged individ- 20 uals; and 21 ‘‘(II) to cooperatives; and 22 ‘‘(iii) any outreach and educational 23 activities conducted by the Administration 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00552 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 553 HR 5515 PCS with respect to employee-owned business 1 concerns.’’. 2 (h) REPORT ON COOPERATIVE LENDING.— 3 (1) SENSE OF CONGRESS.—It is the sense of 4 Congress that cooperatives have a unique business 5 structure and are unable to access the lending pro- 6 grams of the Administration effectively due to loan 7 guarantee requirements that are incompatible with 8 the business structure of cooperatives. 9 (2) STUDY AND REPORT.— 10 (A) STUDY.—The Administrator, in coordi- 11 nation with lenders, stakeholders, and Federal 12 agencies, shall study and recommend practical 13 alternatives for cooperatives that will satisfy the 14 loan guarantee requirements of the Administra- 15 tion. 16 (B) REPORT.—Not later than 120 days 17 after the date of enactment of this Act, the Ad- 18 ministrator shall submit to Congress the rec- 19 ommendations developed under paragraph (1) 20 and a plan to implement such recommenda- 21 tions. 22 (i) AMENDMENT TO DEFINITION OF QUALIFIED EM- 23 PLOYEE TRUST.—Section 3(c)(2)(A)(ii) of the Small 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00553 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 554 HR 5515 PCS Business Act (15 U.S.C. 632(c)(2)(A)(ii)) is amended to 1 read as follows: 2 ‘‘(ii) which provides that each participant 3 is entitled to direct the plan trustee as to the 4 manner of how to vote the qualified employer 5 securities (as defined in section 4975(e)(8) of 6 the Internal Revenue Code of 1986), which are 7 allocated to the account of such participant 8 with respect to a corporate matter which (by 9 law or charter) must be decided by a vote con- 10 ducted in accordance with section 409(e) of the 11 Internal Revenue Code of 1986; and’’. 12 SEC. 867. VETERAN ENTREPRENEURSHIP TRAINING. 13 (a) SENSE OF CONGRESS.—It is the sense of Con- 14 gress that the Secretary of Defense should coordinate with 15 the Administrator of the Small Business Administration 16 to include relevant aspects of veterans assistance pro- 17 grams of the Small Business Administration in the Tran- 18 sition Assistance Program established under section 1144 19 of title 10, United States Code. 20 (b) BOOTS TO BUSINESS PROGRAM.—Section 32 of 21 the Small Business Act (15 U.S.C. 657b) is amended— 22 (1) by redesignating subsection (f) as sub- 23 section (g); and 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00554 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 555 HR 5515 PCS (2) by inserting after subsection (e) the fol- 1 lowing new subsection: 2 ‘‘(f) BOOTS TO BUSINESS PROGRAM.— 3 ‘‘(1) DEFINITIONS.—In this subsection— 4 ‘‘(A) the term ‘covered individual’ means— 5 ‘‘(i) a member of the Armed Forces, 6 including the National Guard or Reserves; 7 ‘‘(ii) an individual who is participating 8 in the Transition Assistance Program es- 9 tablished under section 1144 of title 10, 10 United States Code; 11 ‘‘(iii) an individual who— 12 ‘‘(I) served on active duty in any 13 branch of the Armed Forces, includ- 14 ing the National Guard or Reserves; 15 and 16 ‘‘(II) was discharged or released 17 from such service under conditions 18 other than dishonorable; and 19 ‘‘(iv) a spouse or dependent of an in- 20 dividual described in clause (i), (ii), or (iii); 21 and 22 ‘‘(B) the term ‘Vet Center’ has the mean- 23 ing given in section 1712A(h) of title 38, 24 United States Code. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00555 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 556 HR 5515 PCS ‘‘(2) ESTABLISHMENT.—The Administrator 1 shall carry out a program to be known as the ‘Boots 2 to Business Program’ to provide entrepreneurship 3 training to covered individuals. 4 ‘‘(3) GOALS.—The goals of the Boots to Busi- 5 ness Program are to— 6 ‘‘(A) provide assistance and in-depth train- 7 ing to covered individuals interested in business 8 ownership; and 9 ‘‘(B) provide covered individuals with the 10 tools, skills, and knowledge necessary to identify 11 a business opportunity, draft a business plan, 12 identify sources of capital, connect with local 13 resources for small business concerns, and 14 launch a small business concern. 15 ‘‘(4) PROGRAM COMPONENTS.— 16 ‘‘(A) IN GENERAL.—The Boots to Busi- 17 ness Program may include— 18 ‘‘(i) a presentation providing exposure 19 to the considerations involved in self-em- 20 ployment and ownership of a small busi- 21 ness concern; 22 ‘‘(ii) an online, self-study course fo- 23 cused on the basic skills of entrepreneur- 24 ship, the language of business, and the 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00556 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 557 HR 5515 PCS considerations involved in self-employment 1 and ownership of a small business concern; 2 ‘‘(iii) an in-person classroom instruc- 3 tion component providing an introduction 4 to the foundations of self employment and 5 ownership of a small business concern; and 6 ‘‘(iv) in-depth training delivered 7 through online instruction, including an 8 online course that leads to the creation of 9 a business plan. 10 ‘‘(B) COLLABORATION.—The Adminis- 11 trator may— 12 ‘‘(i) collaborate with public and pri- 13 vate entities to develop course curricula for 14 the Boots to Business Program; and 15 ‘‘(ii) modify program components in 16 coordination with entities participating in a 17 Warriors in Transition program, as defined 18 in section 738(e) of the National Defense 19 Authorization Act for Fiscal Year 2013 20 (10 U.S.C. 1071 note). 21 ‘‘(C) UTILIZATION OF RESOURCE PART- 22 NERS.— 23 ‘‘(i) IN GENERAL.—The Administrator 24 shall— 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00557 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 558 HR 5515 PCS ‘‘(I) ensure that Veteran Busi- 1 ness Outreach Centers regularly par- 2 ticipate, on a nationwide basis, in the 3 Boots to Business Program; and 4 ‘‘(II) to the maximum extent 5 practicable, use a variety of other re- 6 source partners and entities in admin- 7 istering the Boots to Business Pro- 8 gram. 9 ‘‘(ii) GRANT AUTHORITY.—In carrying 10 out clause (i), the Administrator may make 11 grants to Veteran Business Outreach Cen- 12 ters, other resource partners, or other enti- 13 ties to carry out components of the Boots 14 to Business Program. 15 ‘‘(D) AVAILABILITY TO DEPARTMENT OF 16 DEFENSE.—The Administrator shall make 17 available to the Secretary of Defense informa- 18 tion regarding the Boots to Business Program, 19 including all course materials created for the 20 Boots to Business Program, for inclusion on 21 the website of the Department of Defense relat- 22 ing to the Transition Assistance Program, in 23 the Transition Assistance Program manual, and 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00558 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 559 HR 5515 PCS in other relevant materials available for dis- 1 tribution from the Secretary of Defense. 2 ‘‘(E) AVAILABILITY TO VETERANS AF- 3 FAIRS.—In consultation with the Secretary of 4 Veterans Affairs, the Administrator shall make 5 available outreach materials regarding the 6 Boots to Business Program for distribution and 7 display at local facilities of the Department of 8 Veterans Affairs which shall, at a minimum— 9 ‘‘(i) describe the Boots to Business 10 Program and the services provided; and 11 ‘‘(ii) include eligibility requirements 12 for participating in the Boots to Business 13 Program. 14 ‘‘(5) REVIEW.—The Inspector General of the 15 Administration shall submit to the Committee on 16 Small Business and Entrepreneurship of the Senate 17 and the Committee on Small Business of the House 18 of Representatives an annual report regarding the 19 awarding of grants to entities under paragraph 20 (4)(C). 21 ‘‘(6) REPORT.—Not later than 180 days after 22 the date of enactment of this subsection and every 23 year thereafter, the Administrator shall submit to 24 the Committee on Small Business and Entrepre- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00559 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 560 HR 5515 PCS neurship of the Senate and the Committee on Small 1 Business of the House of Representatives a report 2 on the performance and effectiveness of the Boots to 3 Business Program, which may be included as part of 4 another report submitted to such Committees by the 5 Administrator, and which shall include— 6 ‘‘(A) the number of program participants 7 using each component of the Boots to Business 8 Program; 9 ‘‘(B) the completion rates for each compo- 10 nent of the Boots to Business Program; 11 ‘‘(C) to the extent possible— 12 ‘‘(i) the demographics of program par- 13 ticipants, to include gender, age, race, rela- 14 tionship to military, military occupational 15 specialty, and years of service of program 16 participants; 17 ‘‘(ii) the number of small business 18 concerns formed or expanded with assist- 19 ance under the Boots to Business Pro- 20 gram; 21 ‘‘(iii) the gross receipts of small busi- 22 ness concerns receiving assistance under 23 the Boots to Business Program; 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00560 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 561 HR 5515 PCS ‘‘(iv) the number of jobs created with 1 assistance under the Boots to Business 2 Program; 3 ‘‘(v) the number of referrals to other 4 resources and programs of the Administra- 5 tion; 6 ‘‘(vi) the number of program partici- 7 pants receiving financial assistance under 8 loan programs of the Administration; 9 ‘‘(vii) the type and dollar amount of 10 financial assistance received by program 11 participants under any loan program of the 12 Administration; and 13 ‘‘(viii) results of participant satisfac- 14 tion surveys, including a summary of any 15 comments received from program partici- 16 pants; 17 ‘‘(D) an evaluation of the effectiveness of 18 the Boots to Business Program in each region 19 of the Administration during the most recent 20 fiscal year; 21 ‘‘(E) an assessment of additional perform- 22 ance outcome measures for the Boots to Busi- 23 ness Program, as identified by the Adminis- 24 trator; 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00561 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 562 HR 5515 PCS ‘‘(F) any recommendations of the Adminis- 1 trator for improvement of the Boots to Busi- 2 ness Program, which may include expansion of 3 the types of individuals who are covered individ- 4 uals; 5 ‘‘(G) an explanation of how the Boots to 6 Business Program has been integrated with 7 other transition programs and related resources 8 of the Administration and other Federal agen- 9 cies; and 10 ‘‘(H) any additional information the Ad- 11 ministrator determines necessary.’’. 12 SEC. 868. IMPROVEMENT OF SMALL BUSINESS DEVELOP- 13 MENT CENTERS PROGRAM. 14 (a) USE OF AUTHORIZED ENTREPRENEURIAL DE- 15 VELOPMENT PROGRAMS.—The Small Business Act (15 16 U.S.C. 631 et seq.), as amended by this Act, is amended— 17 (1) by redesignating section 48 as section 49; 18 and 19 (2) by inserting after section 47 the following 20 new section: 21 ‘‘SEC. 48. USE OF AUTHORIZED ENTREPRENEURIAL DEVEL- 22 OPMENT PROGRAMS. 23 ‘‘(a) EXPANDED SUPPORT FOR ENTREPRENEURS.— 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00562 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 563 HR 5515 PCS ‘‘(1) IN GENERAL.—Notwithstanding any other 1 provision of law, the Administrator shall only deliver 2 entrepreneurial development services, entrepreneurial 3 education, support for the development and mainte- 4 nance of clusters, or business training through a 5 program authorized under— 6 ‘‘(A) section 7(j), 7(m), 8(a), 8(b)(1), 21, 7 22, 29, or 32 of this Act; or 8 ‘‘(B) sections 358 or 389 of the Small 9 Business Investment Act of 1958. 10 ‘‘(2) EXCEPTION.—This section shall not apply 11 to services provided to assist small business concerns 12 owned by an Indian tribe (as such term is defined 13 in section 8(a)(13)). 14 ‘‘(b) ANNUAL REPORT.—Beginning on the first De- 15 cember 1 after the date of the enactment of this sub- 16 section, the Administrator shall annually report to the 17 Committee on Small Business of the House of Representa- 18 tives and the Committee on Small Business and Entrepre- 19 neurship of the Senate on all entrepreneurial development 20 activities undertaken in the current fiscal year through a 21 program described in subsection (a). Such report shall in- 22 clude— 23 ‘‘(1) a description and operating details for 24 each program and activity; 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00563 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 564 HR 5515 PCS ‘‘(2) operating circulars, manuals, and standard 1 operating procedures for each program and activity; 2 ‘‘(3) a description of the process used to award 3 grants under each program and activity; 4 ‘‘(4) a list of all awardees, contractors, and ven- 5 dors (including organization name and location) and 6 the amount of awards for the current fiscal year for 7 each program and activity; 8 ‘‘(5) the amount of funding obligated for the 9 current fiscal year for each program and activity; 10 and 11 ‘‘(6) the names and titles for those individuals 12 responsible for each program and activity.’’. 13 (b) MARKETING OF SERVICES.—Section 21 of the 14 Small Business Act (15 U.S.C. 648) is amended by adding 15 at the end the following: 16 ‘‘(o) NO PROHIBITION OF MARKETING OF SERV- 17 ICES.—The Administrator shall not prohibit applicants re- 18 ceiving grants under this section from marketing and ad- 19 vertising their services to individuals and small business 20 concerns.’’. 21 (c) DATA COLLECTION.— 22 (1) IN GENERAL.—Section 21(a)(3)(A) of the 23 Small Business Act (15 U.S.C. 648(a)(3)(A)) is 24 amended— 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00564 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 565 HR 5515 PCS (A) by striking ‘‘as provided in this section 1 and’’ and inserting ‘‘as provided in this sec- 2 tion,’’; and 3 (B) by inserting before the period at the 4 end the following: ‘‘, and (iv) governing data 5 collection activities related to applicants receiv- 6 ing grants under this section’’. 7 (2) ANNUAL REPORT ON DATA COLLECTION.— 8 Section 21 of the Small Business Act (15 U.S.C. 9 648), as amended by subsection (b), is further 10 amended by adding at the end the following: 11 ‘‘(p) ANNUAL REPORT ON DATA COLLECTION.—The 12 Administrator shall report annually to the Committee on 13 Small Business of the House of Representatives and the 14 Committee on Small Business and Entrepreneurship of 15 the Senate on any data collection activities related to the 16 Small Business Development Center Program.’’. 17 (3) WORKING GROUP TO IMPROVE DATA COL- 18 LECTION.— 19 (A) ESTABLISHMENT AND STUDY.—The 20 Administrator of the Small Business Adminis- 21 tration shall establish a group to be known as 22 the ‘‘Data Collection Working Group’’ con- 23 sisting of members from entrepreneurial devel- 24 opment grant recipients associations and orga- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00565 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 566 HR 5515 PCS nizations and officials from the Small Business 1 Administration, to carry out a study to deter- 2 mine the best way to capture data collection 3 and create or revise existing systems dedicated 4 to data collection. 5 (B) REPORT.—Not later than the end of 6 the 180-day period beginning on the date of the 7 enactment of this Act, the Data Collection 8 Working Group shall issue a report to the Com- 9 mittee on Small Business of the House of Rep- 10 resentatives and the Committee on Small Busi- 11 ness and Entrepreneurship of the Senate con- 12 taining the findings and determinations made 13 in carrying out the study required under para- 14 graph (1), including— 15 (i) recommendations for revising exist- 16 ing data collection practices; and 17 (ii) a proposed plan for the Small 18 Business Administration to implement 19 such recommendations. 20 (d) FEES FROM PRIVATE PARTNERSHIPS AND CO- 21 SPONSORSHIPS.—Section 21(a)(3) of the Small Business 22 Act (15 U.S.C. 648(a)(3)(C)), as amended by subsection 23 (c), is further amended by adding at the end the following: 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00566 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 567 HR 5515 PCS ‘‘(D) FEES FROM PRIVATE PARTNERSHIPS AND CO- 1 SPONSORSHIPS.—A small business development center 2 that participates in a private partnership or cosponsorship 3 with the Administration shall not be prohibited from col- 4 lecting fees or other income related to the operation of 5 such a private partnership or cosponsorship.’’. 6 (e) EQUITY FOR SMALL BUSINESS DEVELOPMENT 7 CENTERS.—Subclause (I) of section 21(a)(4)(C)(v) of the 8 Small Business Act (15 U.S.C. 648(a)(4)(C)(v)) is amend- 9 ed to read as follows: 10 ‘‘(I) IN GENERAL.—Of the 11 amounts made available in any fiscal 12 year to carry out this section, not 13 more than $600,000 may be used by 14 the Administration to pay expenses 15 enumerated in subparagraphs (B) 16 through (D) of section 20(a)(1).’’. 17 (f) CONFIDENTIALITY REQUIREMENTS.—Section 18 21(a)(7)(A) of the Small Business Act (15 U.S.C. 19 648(a)(7)(A)) is amended by inserting after ‘‘under this 20 section’’ the following: ‘‘to any State, local, or Federal 21 agency, or to any third party’’. 22 (g) LIMITATION ON AWARD OF GRANTS TO SMALL 23 BUSINESS DEVELOPMENT CENTERS.— 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00567 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 568 HR 5515 PCS (1) IN GENERAL.—Section 21 of the Small 1 Business Act (15 U.S.C. 648), as amended by sub- 2 section (c), is further amended— 3 (A) in subsection (a)(1), by striking ‘‘any 4 women’s business center operating pursuant to 5 section 29,’’; and 6 (B) by adding at the end the following: 7 ‘‘(q) LIMITATION ON AWARD OF GRANTS.—Except 8 for not-for-profit institutions of higher education, and not- 9 withstanding any other provision of law, the Administrator 10 may not award grants (including contracts and coopera- 11 tive agreements) under this section to any entity other 12 than those that received grants (including contracts and 13 cooperative agreements) under this section prior to the 14 date of the enactment of this subsection, and that seek 15 to renew such grants (including contracts and cooperative 16 agreements) after such date.’’. 17 (2) RULE OF CONSTRUCTION.—The amend- 18 ments made by this section may not be construed as 19 prohibiting a women’s business center (as described 20 under section 29 of the Small Business Act (15 21 U.S.C. 656)) from receiving a subgrant from an en- 22 tity receiving a grant under section 21 of the Small 23 Business Act (15 U.S.C. 648). 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00568 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 569 HR 5515 PCS Subtitle F—Other Matters 1 SEC. 871. ADDITIONAL REQUIREMENTS FOR NEGOTIATIONS 2 FOR NONCOMMERCIAL COMPUTER SOFT- 3 WARE. 4 Section 2322a of title 10, United States Code, is 5 amended by adding at the end the following new sub- 6 sections: 7 ‘‘(c) RIGHTS TO NONCOMMERCIAL COMPUTER SOFT- 8 WARE.—As part of any negotiation for the acquisition of 9 noncommercial computer software, the Secretary of De- 10 fense may not require a contractor to sell or otherwise re- 11 linquish to the Federal Government any rights to non- 12 commercial computer software developed exclusively at 13 private expense, except for rights related to— 14 ‘‘(1) corrections or changes to such software or 15 documentation related to such software furnished to 16 the contractor by the Department of Defense; 17 ‘‘(2) such software or documentation related to 18 such software that is otherwise publicly available or 19 that has been released or disclosed by the contractor 20 or subcontractor without restrictions on further use, 21 release, or disclosure, other than a release or disclo- 22 sure resulting from the sale, transfer, or other as- 23 signment of interest in such software or documenta- 24 tion to another party. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00569 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 570 HR 5515 PCS ‘‘(3) such software or documentation related to 1 such software obtained with unlimited rights under 2 another contract with the Federal Government or as 3 a result of such a negotiation; or 4 ‘‘(4) such software or documentation related to 5 such software furnished to the Department of De- 6 fense under a contract or subcontract that in- 7 cludes— 8 ‘‘(A) restricted rights in such software, 9 limited rights in technical data, or government 10 purpose rights, where such restricted rights, 11 limited rights, or government purpose rights 12 have expired; or 13 ‘‘(B) government purpose rights, where the 14 contractor’s exclusive right to use such software 15 or documentation for commercial purposes has 16 expired. 17 ‘‘(d) CONSIDERATION OF SPECIALLY NEGOTIATED 18 LICENSES.—The Secretary of Defense shall, to the max- 19 imum extent practicable, negotiate and enter into a con- 20 tract with a contractor for a specially negotiated license 21 for noncommercial computer software or documentation 22 related to such software necessary to support the product 23 support strategy of a major weapon system or subsystem 24 of a major weapon system.’’. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00570 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 571 HR 5515 PCS SEC. 872. REMOVAL OF REQUIREMENT FOR RISK AND SEN- 1 SITIVITY ANALYSIS OF BASELINE ESTIMATES 2 IN SELECTED ACQUISITION REPORTS. 3 Section 2432(c)(1)(B) of title 10, United States 4 Code, is amended by striking ‘‘, along with the associated 5 risk and sensitivity analysis of that estimate’’ each place 6 it appears. 7 SEC. 873. PROHIBITION ON ACQUISITION OF SENSITIVE MA- 8 TERIALS FROM NON-ALLIED FOREIGN NA- 9 TIONS. 10 (a) IN GENERAL.—Subchapter V of chapter 148 of 11 title 10, United States Code, is amended by inserting after 12 section 2533b the following new section: 13 ‘‘§ 2533c. Prohibition on acquisition of sensitive mate- 14 rials from non-allied foreign nations 15 ‘‘(a) IN GENERAL.—Except as provided in subsection 16 (c), the Secretary of Defense may not— 17 ‘‘(1) procure any end item containing a covered 18 material from any covered nation, except as provided 19 by subsection (c); or 20 ‘‘(2) sell any covered material from the Na- 21 tional Defense Stockpile, if the National Defense 22 Stockpile Manager determines that such a sale is not 23 in the national interests of the United States, to— 24 ‘‘(A) any covered nation; or 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00571 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 572 HR 5515 PCS ‘‘(B) any third party that the Secretary 1 reasonably believes is acting as a broker or 2 agent for a covered nation or an entity in a cov- 3 ered nation. 4 ‘‘(b) EXTENSION.—Subsection (a) shall apply to 5 prime contracts and subcontracts at any tier. 6 ‘‘(c) EXCEPTIONS.—Subsection (a) does not apply 7 under the following circumstances: 8 ‘‘(1) If the Secretary of Defense determines 9 that covered materials of satisfactory quality and 10 quantity, in the required form, cannot be procured 11 as and when needed. 12 ‘‘(2) To the procurement of an end item de- 13 scribed in subsection (a)(1) or the sale of any cov- 14 ered material described under subsection (a)(1) by 15 the Secretary outside of the United States for use 16 outside of the United States. 17 ‘‘(3) To the purchase by the Secretary of an 18 end item containing a covered material that is— 19 ‘‘(A) a commercially available off-the-shelf 20 item (as defined in section 104 of title 41); or 21 ‘‘(B) an electronic device, unless the Sec- 22 retary of Defense, upon the recommendation of 23 the Strategic Materials Protection Board pursu- 24 ant to section 187 of this title, determines that 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00572 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 573 HR 5515 PCS the domestic availability of a particular elec- 1 tronic device is critical to national security. 2 ‘‘(d) DEFINITIONS.—In this section: 3 ‘‘(1) COVERED MATERIAL.—The term ‘covered 4 material’ means— 5 ‘‘(A) samarium-cobalt magnets; 6 ‘‘(B) neodymium-iron-boron magnets; 7 ‘‘(C) tungsten penetrators; and 8 ‘‘(D) tungsten or tungsten alloy spheres 9 and cubes. 10 ‘‘(2) COVERED NATION.—The term ‘covered na- 11 tion’ means— 12 ‘‘(A) the Democratic People’s Republic of 13 North Korea; 14 ‘‘(B) the People’s Republic of China; 15 ‘‘(C) the Russian Federation; and 16 ‘‘(D) the Islamic Republic of Iran. 17 ‘‘(3) END ITEM.—The term ‘end item’ has the 18 meaning given in section 2533b(m) of this title.’’. 19 (b) CLERICAL AMENDMENT.—The table of contents 20 at the beginning of such subchapter is amended by insert- 21 ing after the item relating to section 2533b the following 22 item: 23 ‘‘2533c. Prohibition on acquisition of sensitive materials from non-allied foreign nations.’’. VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00573 Fmt 6652 Sfmt 6211 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 574 HR 5515 PCS SEC. 874. TRANSFER OR POSSESSION OF DEFENSE ITEMS 1 FOR NATIONAL DEFENSE PURPOSES. 2 (a) TRANSFER AND POSSESSION EXCEPTIONS.—Sec- 3 tion 922(o)(2) of title 18, United States Code, is amend- 4 ed— 5 (1) in subparagraph (A), by striking ‘‘or by’’ 6 and inserting ‘‘, by, or under the authority of’’; 7 (2) by striking ‘‘or’’ at the end of subparagraph 8 (A); 9 (3) by striking the period at the end of sub- 10 paragraph (B) and inserting a semicolon; and 11 (4) by inserting after subparagraph (B) the fol- 12 lowing new subparagraphs: 13 ‘‘(C) a transfer to, or possession by, a licensed 14 manufacturer or licensed importer (if, with respect 15 to a transfer, such transfer has been approved by 16 the Attorney General in accordance with law) for 17 purposes of— 18 ‘‘(i) joint production of a weapon, or inte- 19 gration or incorporation into another article or 20 device; 21 ‘‘(ii) calibration, testing, or research and 22 development; 23 ‘‘(iii) permanent or temporary export, or 24 temporary import, otherwise in accordance with 25 law; or 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00574 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 575 HR 5515 PCS ‘‘(iv) training of Federal, State, local, or 1 foreign government personnel; 2 ‘‘(D) a transfer to, or possession by, a licensee 3 for the purpose of repair and return of the same to 4 a lawful possessor; or 5 ‘‘(E) notwithstanding subsection (g)(5)(B), pos- 6 session by foreign government personnel for official 7 training purposes under the direct and continuous 8 supervision of an authorized Federal, State, or local 9 government official, or a licensee as described in 10 subparagraph (C), provided that, upon completion of 11 the training, such foreign government personnel 12 shall relinquish possession of the same to such offi- 13 cial or licensee.’’. 14 (b) IMPORTATION REQUIREMENTS.—Section 925(d) 15 of such title is amended— 16 (1) in paragraph (3)— 17 (A) by inserting ‘‘except as provided in 18 paragraph (5),’’ before ‘‘is of’’; and 19 (B) by striking ‘‘or’’ at the end; 20 (2) in paragraph (4), by striking the period at 21 the end and inserting ‘‘; or’’; and 22 (3) by inserting after paragraph (4) the fol- 23 lowing new paragraph: 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00575 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 576 HR 5515 PCS ‘‘(5) is being imported or brought in by a li- 1 censed manufacturer or licensed importer in con- 2 formity with, and solely for a purpose described in 3 subparagraph (A), (C), (D), or (E) of section 4 922(o)(2).’’. 5 (c) EFFECTIVE DATE.—This section and the amend- 6 ments made by this section shall take effect 30 days after 7 the date of the enactment of this Act. 8 SEC. 875. EXPEDITED HIRING AUTHORITY FOR SHORTAGE 9 CATEGORY POSITIONS IN THE ACQUISITION 10 WORKFORCE. 11 Section 1703(j) of title 41, United States Code, is 12 amended— 13 (1) in paragraph (1)— 14 (A) by striking ‘‘sections 3304, 5333, and 15 5753 of title 5’’ and inserting ‘‘section 3304 of 16 title 5’’; 17 (B) by striking ‘‘authorities in those sec- 18 tions’’ and inserting ‘‘authority in such sec- 19 tion’’; and 20 (C) by striking ‘‘certain Federal acquisi- 21 tion positions (as described in subsection 22 (g)(1)(A))’’ and inserting ‘‘the Federal acquisi- 23 tion provisions described in paragraph (2)’’; and 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00576 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 577 HR 5515 PCS (2) by redesignating paragraph (2) as para- 1 graph (3); 2 (3) by inserting after paragraph (1) the fol- 3 lowing new paragraph: 4 ‘‘(2) POSITIONS DESCRIBED.—The Federal ac- 5 quisition positions described in this paragraph are 6 the following: 7 ‘‘(A) Any position listed in (g)(1)(A). 8 ‘‘(B) All positions in the General Schedule 9 Realty series (GS–1170).’’; and 10 (4) in paragraph (3) (as so redesignated), by 11 striking ‘‘September 30, 2017’’ and inserting ‘‘Sep- 12 tember 30, 2021’’. 13 SEC. 876. EXTENSION OF PROHIBITION ON PROVIDING 14 FUNDS TO THE ENEMY. 15 Section 841(n) of the Carl Levin and Howard P. 16 ‘‘Buck’’ McKeon National Defense Authorization Act for 17 Fiscal Year 2015 (Public Law 113–291; 127 Stat. 3455; 18 10 U.S.C. 2302 note) is amended by striking ‘‘December 19 31, 2019’’ and inserting ‘‘December 31, 2021’’. 20 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00577 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 578 HR 5515 PCS SEC. 877. REPEAL OF CERTAIN DETERMINATIONS RE- 1 QUIRED FOR GRANTS OF EXCEPTIONS TO 2 COST OR PRICING DATA CERTIFICATION RE- 3 QUIREMENTS AND WAIVERS OF COST AC- 4 COUNTING STANDARDS. 5 Section 817(b) of the Bob Stump National Defense 6 Authorization Act for Fiscal Year 2003 (Public Law 107– 7 314; 10 U.S.C. 2306a note) is amended— 8 (1) by striking paragraph (1); and 9 (2) by redesignating paragraphs (2) and (3) as 10 paragraphs (1) and (2), respectively. 11 SEC. 878. REPORTING ON PROJECTS PERFORMED 12 THROUGH TRANSACTIONS OTHER THAN CON- 13 TRACTS, COOPERATIVE AGREEMENTS, AND 14 GRANTS. 15 (a) REPORT REQUIRED.—Not later than December 16 31, 2018, and each December 31 thereafter through De- 17 cember 31, 2021, the Secretary of Defense shall submit 18 to the congressional defense committees a report covering 19 the preceding fiscal year on projects described in sub- 20 section (b). 21 (b) CONTENTS.—Each report under subsection (a) 22 shall include— 23 (1) for each project performed through a trans- 24 action (other than contracts, cooperative agreements, 25 and grants) entered into pursuant to section 2371 or 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00578 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 579 HR 5515 PCS 2371b of title 10, United States Code, for which 1 payments made by the Department of Defense ex- 2 ceeded $5,000,000 for such transaction— 3 (A) an identification of the element of the 4 Department of Defense and the person or entity 5 outside of the Department of Defense entering 6 into such transaction; 7 (B) the date of entry into such transaction; 8 (C) the amount of the payments made by 9 the Department of Defense for such trans- 10 action; 11 (D) the goals and status of each project 12 carried out under such transaction; and 13 (E) the start date and anticipated end date 14 of each project carried out under such trans- 15 action; and 16 (2) a description of the mechanisms, including 17 any policies, guidance, and reporting requirements, 18 established by the Secretary of Defense to regulate 19 the use of authority relating to a transaction (other 20 than contracts, cooperative agreements, and grants) 21 entered into pursuant to section 2371 or 2371b of 22 title 10, United States Code. 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00579 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 580 HR 5515 PCS SEC. 879. STANDARDIZATION OF FORMATTING AND PUBLIC 1 ACCESSIBILITY OF DEPARTMENT OF DE- 2 FENSE REPORTS TO CONGRESS. 3 (a) BRIEFING REQUIRED.—Not later than March 1, 4 2019, the Secretary of Defense shall provide a briefing 5 to the Committee on Armed Services of the House of Rep- 6 resentatives on a plan to standardize the formatting and 7 public accessibility of unclassified Department of Defense 8 reports required by Congress. Such briefing shall include 9 a description of the method— 10 (1) for ensuring that reports are created in a 11 platform-independent, machine-readable format that 12 can be retrieved, downloaded, indexed, and searched 13 by commonly used web search applications; and 14 (2) for providing a publically accessible online 15 repository of unclassified reports of the Department 16 of Defense issued since January 1, 2010, including 17 protocols for inclusion of unclassified reports that, 18 as determined by the Secretary, may not be appro- 19 priate for public release in their entirety. 20 (b) IMPLEMENTATION.—Such plan shall be imple- 21 mented not later than March 1, 2020. 22 SEC. 880. DEFENDING UNITED STATES GOVERNMENT COM- 23 MUNICATIONS. 24 (a) FINDINGS.—Congress makes the following find- 25 ings: 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00580 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 581 HR 5515 PCS (1) In its 2011 ‘‘Annual Report to Congress on 1 Military and Security Developments Involving the 2 People’s Republic of China’’, the Department of De- 3 fense stated that, ‘‘China’s defense industry has ben- 4 efitted from integration with a rapidly expanding ci- 5 vilian economy and science and technology sector, 6 particularly elements that have access to foreign 7 technology. Progress within individual defense sec- 8 tors appears linked to the relative integration of 9 each, through China’s civilian economy, into the 10 global production and R&D chain . . . Information 11 technology companies in particular, including 12 Huawei, Datang, and Zhongxing, maintain close ties 13 to the PLA.’’. 14 (2) In a 2011 report titled ‘‘The National Secu- 15 rity Implications of Investments and Products from 16 the People’s Republic of China in the Telecommuni- 17 cations Sector’’, the United States China Commis- 18 sion stated that ‘‘[n]ational security concerns have 19 accompanied the dramatic growth of China’s telecom 20 sector. . . . Additionally, large Chinese companies— 21 particularly those ‘national champions’ prominent in 22 China’s ‘going out’ strategy of overseas expansion— 23 are directly subject to direction by the Chinese Com- 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00581 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 582 HR 5515 PCS munist Party, to include support for PRC state poli- 1 cies and goals.’’. 2 (3) The Commission further stated in its report 3 that ‘‘[f]rom this point of view, the clear economic 4 benefits of foreign investment in the U.S. must be 5 weighed against the potential security concerns re- 6 lated to infrastructure components coming under the 7 control of foreign entities. This seems particularly 8 applicable in the telecommunications industry, as 9 Chinese companies continue systematically to ac- 10 quire significant holdings in prominent global and 11 U.S. telecommunications and information technology 12 companies.’’. 13 (4) In its 2011 Annual Report to Congress, the 14 United States China Commission stated that ‘‘[t]he 15 extent of the state’s control of the Chinese economy 16 is difficult to quantify . . . There is also a category 17 of companies that, though claiming to be private, are 18 subject to state influence. Such companies are often 19 in new markets with no established SOE leaders and 20 enjoy favorable government policies that support 21 their development while posing obstacles to foreign 22 competition. Examples include Chinese telecoms 23 giant Huawei and such automotive companies as 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00582 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 583 HR 5515 PCS battery maker BYD and vehicle manufacturers 1 Geely and Chery.’’. 2 (5) General Michael Hayden, who served as Di- 3 rector of the Central Intelligence Agency and Direc- 4 tor of the National Security Agency, stated in July 5 2013 that Huawei had ‘‘shared with the Chinese 6 state intimate and extensive knowledge of foreign 7 telecommunications systems it is involved with.’’. 8 (6) The Federal Bureau of Investigation, in a 9 February 2015 Counterintelligence Strategy Part- 10 nership Intelligence Note stated that, ‘‘[w]ith the ex- 11 panded use of Huawei Technologies Inc. equipment 12 and services in U.S. telecommunications service pro- 13 vider networks, the Chinese Government’s potential 14 access to U.S. business communications is dramati- 15 cally increasing. Chinese Government-supported tele- 16 communications equipment on U.S. networks may be 17 exploited through Chinese cyber activity, with Chi- 18 na’s intelligence services operating as an advanced 19 persistent threat to U.S. networks.’’. 20 (7) The Federal Bureau of Investigation fur- 21 ther stated in its February 2015 counterintelligence 22 note that, ‘‘China makes no secret that its cyber 23 warfare strategy is predicated on controlling global 24 communications network infrastructure.’’. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00583 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 584 HR 5515 PCS (8) At a hearing before the Committee on 1 Armed Services of the House of Representatives on 2 September 30, 2015, Deputy Secretary of Defense 3 Robert Work, responding to a question about the 4 use of Huawei telecommunications equipment, stat- 5 ed, ‘‘In the Office of the Secretary of Defense, abso- 6 lutely not. And I know of no other—I don’t believe 7 we operate in the Pentagon, any [Huawei] systems 8 in the Pentagon.’’. 9 (9) At such hearing, the Commander of the 10 United States Cyber Command, Admiral Mike Rog- 11 ers, responding to a question about why such 12 Huawei telecommunications equipment is not used, 13 stated, ‘‘as we look at supply chain and we look at 14 potential vulnerabilities within the system, that it is 15 a risk we felt was unacceptable.’’. 16 (10) In March 2017, ZTE Corporation pled 17 guilty to conspiring to violate the International 18 Emergency Economic Powers Act by illegally ship- 19 ping United States-origin items to Iran, paying the 20 United States Government a penalty of 21 $892,360,064 dollars for activity between January 22 2010 and January 2016. 23 (11) The Treasury Department’s Office of For- 24 eign Assets Control issued a subpoena to Huawei as 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00584 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 585 HR 5515 PCS part of a Federal investigation of alleged violations 1 of trade restrictions on Cuba, Iran, Sudan, and 2 Syria. 3 (12) In the bipartisan Permanent Select Com- 4 mittee on Intelligence of the House of Representa- 5 tives ‘‘Investigative Report on the United States Na- 6 tional Security Issues Posed by Chinese Tele- 7 communication Companies Huawei and ZTE’’ re- 8 leased in 2012, it was recommended that ‘‘U.S. gov- 9 ernment systems, particularly sensitive systems, 10 should not include Huawei or ZTE equipment, in- 11 cluding in component parts. Similarly, government 12 contractors—particularly those working on contracts 13 for sensitive U.S. programs—should exclude ZTE or 14 Huawei equipment in their systems.’’. 15 (13) Christopher Wray, who serves as Director 16 of the Federal Bureau of Investigation, stated in 17 February 2018 during a hearing of the Select Com- 18 mittee on Intelligence of the Senate that he was 19 ‘‘deeply concerned about the risks of allowing any 20 company or entity that is beholden to foreign gov- 21 ernments that don’t share our values to gain posi- 22 tions of power inside our telecommunications net- 23 works. That provides the capacity to exert pressure 24 or control over our telecommunications infrastruc- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00585 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 586 HR 5515 PCS ture. It provides the capacity to maliciously modify 1 or steal information. And it provides the capacity to 2 conduct undetected espionage.’’ Admiral Mike Rog- 3 ers, who served as Director of the National Security 4 Agency, agreed with Director Wray’s characteriza- 5 tion, and added that Government programs need ‘‘to 6 look long and hard at companies like this’’. 7 (14) Director of National Intelligence Dan 8 Coats, Federal Bureau of Investigation Director 9 Christopher Wray, Director of the Defense Intel- 10 ligence Agency General Robert Ashley, Director of 11 the National Geospatial-Intelligence Agency Robert 12 Cardillo, Director of the National Security Agency 13 Admiral Michael Rogers, and Director of the Central 14 Intelligence Agency Michael Pompeo all indicated by 15 show of hands in February 2018 at a hearing of the 16 Select Committee on Intelligence of the Senate that 17 they would not ‘‘use products or services from 18 Huawei or ZTE’’. 19 (15) General Paul Nakasone, who served as the 20 Commanding General of United States Army Cyber 21 Command, stated during his confirmation hearing to 22 be National Security Agency director in March 2018 23 before the Select Committee on Intelligence of the 24 Senate that he ‘‘would not’’ use any Huawei, China 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00586 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 587 HR 5515 PCS Unicom, or China Telecom products nor would he 1 recommend his family do so. 2 (b) PROHIBITION ON CERTAIN TELECOMMUNI- 3 CATIONS OR VIDEO SURVEILLANCE SERVICES OR EQUIP- 4 MENT.— 5 (1) PROHIBITION ON AGENCY USE OR PRO- 6 CUREMENT.—Except as provided in paragraph (3), 7 beginning not later than January 1, 2021, the head 8 of an agency may not procure or obtain, may not ex- 9 tend or renew a contract to procure or obtain, and 10 may not enter into a contract (or extend or renew 11 a contract) with an entity that uses any equipment, 12 system, or service that uses covered telecommuni- 13 cations or video surveillance equipment or services as 14 a substantial or essential component of any system, 15 or as critical technology as part of any system. The 16 prohibitions described in this paragraph include the 17 obligation or expenditure of loans or grant funds to 18 procure or obtain, extend or renew a contract to pro- 19 cure or obtain, or enter into a contract (or extend 20 or renew a contract) to procure or obtain covered 21 telecommunications equipment or services. 22 (2) IMPLEMENTATION PLAN.—By not later 23 than 180 days after the date of the enactment of 24 this Act, each agency shall develop a plan to imple- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00587 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 588 HR 5515 PCS ment paragraph (1) throughout the agency’s supply 1 chain and shall submit such plan to the appropriate 2 congressional committees. Each such plan shall be 3 submitted in unclassified form, but may contain a 4 classified annex. The plan for an agency shall in- 5 clude, but not be limited to, how the agency plans 6 to deal with the impact of white label technology on 7 its supply chain whereby the original manufacturer 8 of technology is not readily apparent to a purchaser 9 or user. 10 (3) WAIVER.—The head of an agency may, on 11 a one time basis, waive the requirement under para- 12 graph (1) with respect to an entity that requests 13 such a waiver. Such a waiver may be provided for 14 a period of not more than two years if the entity 15 seeking the waiver— 16 (A) can demonstrate a compelling justifica- 17 tion for additional time to implement such 18 paragraph; 19 (B) submits to the head of the agency, who 20 then submits to the appropriate congressional 21 committees within 30 days, a full and complete 22 laydown of the presence of covered tele- 23 communications or video surveillance equipment 24 or services in the entity’s supply chain and a 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00588 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 589 HR 5515 PCS phase-out plan to eliminate such covered tele- 1 communications or video surveillance equipment 2 or services from its systems; 3 (C) does not permit real-time access to its 4 networks to an entity located or substantially 5 located in a covered foreign country; and 6 (D) provides a written guarantee to the 7 head of the agency that it will not procure such 8 covered telecommunications or video surveil- 9 lance equipment or services again. 10 (4) COVERED COMPONENTS.—With respect to a 11 covered component of an entity for which such entity 12 reasonably believes will not need to be replaced dur- 13 ing the 5-year period beginning on the date of the 14 enactment of this Act, such entity shall provide a 15 written assurance to the head of the agency for 16 which such covered component is in use that such 17 entity shall replace such covered component, at the 18 end of such covered component’s reasonable lifecycle, 19 with a comparable component that is manufactured 20 by a person other than Huawei Technologies Com- 21 pany, Hytera Communications Corporation, 22 Hangzhou Hikvision Digital Technology Company, 23 Dahua Technology Company, or ZTE Corporation 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00589 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 590 HR 5515 PCS (or any subsidiary, successor entity, or affiliate of 1 such entities). 2 (5) DEFINITIONS.—In this section: 3 (A) The term ‘‘appropriate congressional 4 committees’’ means the Committees on Armed 5 Services of the Senate and House of Represent- 6 atives, the Permanent Select Committee on In- 7 telligence of the House of Representatives, the 8 Select Committee on Intelligence of the Senate, 9 the Committee on Oversight and Government 10 Reform of the House of Representatives, and 11 the Committee on Homeland Security and Gov- 12 ernmental Affairs of the Senate. 13 (B) The term ‘‘agency’’ has the meaning 14 given that term in section 551 of title 5, United 15 States Code. 16 (C) The term ‘‘covered foreign country’’ 17 means the People’s Republic of China. 18 (D) The term ‘‘covered telecommunications 19 or video surveillance equipment or services’’ 20 means any of the following: 21 (i) Telecommunications or video sur- 22 veillance equipment produced by Huawei 23 Technologies Company, Hytera Commu- 24 nications Corporation, Hangzhou Hikvision 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00590 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 591 HR 5515 PCS Digital Technology Company, Dahua Tech- 1 nology Company, or ZTE Corporation (or 2 any subsidiary, successor entity, or affiliate 3 of such entities). 4 (ii) Telecommunications or video sur- 5 veillance services provided by such entities 6 or using such equipment. 7 (iii) Telecommunications or video sur- 8 veillance equipment or services produced or 9 provided by an entity that the head of the 10 relevant agency reasonably believes to be 11 an entity owned or controlled by, or other- 12 wise connected to, the government of a 13 covered foreign country. 14 (E) The term ‘‘covered component’’ means 15 any component that— 16 (i) is part of any equipment, system, 17 or service that uses covered telecommuni- 18 cations or video surveillance equipment or 19 services; 20 (ii) is produced by Huawei Tech- 21 nologies Company, Hytera Communica- 22 tions Corporation, Hangzhou Hikvision 23 Digital Technology Company, Dahua Tech- 24 nology Company, or ZTE Corporation (or 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00591 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 592 HR 5515 PCS any subsidiary, successor entity, or affiliate 1 of such entities); and 2 (iii) cannot route or redirect data 3 traffic or visibility into any data or packets 4 such equipment, system, or service trans- 5 mits or manipulates. 6 (c) REPORT.— 7 (1) IN GENERAL.—The Director of National In- 8 telligence, in coordination with the Director of the 9 Federal Bureau of Investigation and the Secretaries 10 of State, Homeland Security, and Defense, shall de- 11 velop a report outlining the national security risks of 12 use of Huawei, Hytera, Hikvision, Dahua, and ZTE 13 technology, especially as it relates to evidence of ma- 14 licious software or hardware that enables unauthor- 15 ized network access or control and the type and level 16 of risk, and a plan to share such report, based on 17 appropriate access to classified information, with 18 U.S. allies, partners, and U.S. cleared defense con- 19 tractors and telecommunications services providers. 20 (2) UNCLASSIFIED VERSION.—In addition to 21 the classified report required by paragraph (1), an 22 unclassified version of the report shall be made 23 available for U.S. allies and partners as well as im- 24 pacted telecommunication companies State and local 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00592 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 593 HR 5515 PCS governments that do not have access to classified in- 1 formation. 2 (3) DEADLINE.—The reports required by para- 3 graph (1) and paragraph (2) of this subsection shall 4 be submitted to the appropriate congressional com- 5 mittees (as defined in subsection (b)(4) of this sec- 6 tion) not later than 180 days after the date of the 7 enactment of this Act. 8 SEC. 881. PROMOTION OF THE USE OF GOVERNMENT-WIDE 9 AND OTHER INTERAGENCY CONTRACTS. 10 Section 865(b)(1) of the Duncan Hunter National 11 Defense Authorization Act for Fiscal Year 2009 (Public 12 Law 110-417; 31 U.S.C. 1535 note) is amended— 13 (1) by striking ‘‘that all interagency acquisi- 14 tions—’’ and inserting ‘‘that—’’; 15 (2) in subparagraph (A)— 16 (A) by inserting ‘‘all interagency assisted 17 acquisitions’’ before ‘‘include’’; and 18 (B) by inserting ‘‘and’’ after the semicolon; 19 (3) by striking subparagraph (B); and 20 (4) by redesignating subparagraph (C) as sub- 21 paragraph (B), and in that subparagraph by insert- 22 ing ‘‘all interagency assisted acquisitions’’ before 23 ‘‘include’’. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00593 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 594 HR 5515 PCS SEC. 882. INCREASING COMPETITION AT THE TASK ORDER 1 LEVEL. 2 Section 3306(c) of title 41, United States Code, is 3 amended— 4 (1) in paragraph (1), by inserting ‘‘except as 5 provided in paragraph (3),’’ in subparagraphs (B) 6 and (C) after the subparagraph designation; and 7 (2) by adding at the end the following new 8 paragraphs: 9 ‘‘(3) EXCEPTIONS FOR CERTAIN INDEFINITE 10 DELIVERY, INDEFINITE QUANTITY MULTIPLE-AWARD 11 CONTRACTS AND CERTAIN FEDERAL SUPPLY SCHED- 12 ULE CONTRACTS FOR SERVICES ACQUIRED ON AN 13 HOURLY RATE.—If an executive agency issues a so- 14 licitation for one or more contracts for services to be 15 acquired on an hourly rate basis under the authority 16 of sections 4103 and 4106 of this title or section 17 152(3) of this title and section 501(b) of title 40 18 and the executive agency intends to make a contract 19 award to each qualifying offeror and the contract or 20 contracts will feature individually competed task or 21 delivery orders based on hourly rates— 22 ‘‘(A) the contracting officer need not con- 23 sider price as an evaluation factor for contract 24 award; and 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00594 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 595 HR 5515 PCS ‘‘(B) if, pursuant to subparagraph (A), 1 price is not considered as an evaluation factor 2 for contract award— 3 ‘‘(i) the disclosure requirement of sub- 4 paragraph (C) of paragraph (1) shall not 5 apply; and 6 ‘‘(ii) cost or price to the Federal Gov- 7 ernment shall be considered in conjunction 8 with the issuance pursuant to sections 9 4106(c) and 152(3) of this title of any 10 task or delivery order under any contract 11 resulting from the solicitation. 12 ‘‘(4) DEFINITION.—In paragraph (3), the term 13 ‘qualifying offeror’ means an offeror that— 14 ‘‘(A) is determined to be a responsible 15 source; 16 ‘‘(B) submits a proposal that conforms to 17 the requirements of the solicitation; 18 ‘‘(C) meets all technical requirements; and 19 ‘‘(D) is otherwise eligible for award.’’. 20 SEC. 883. INDIVIDUAL ACQUISITION FOR COMMERCIAL 21 LEASING SERVICES. 22 (a) IN GENERAL.—For the purpose of section 863 23 of Public Law 110–417, an individual acquisition for com- 24 mercial leasing services shall not be construed as a pur- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00595 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 596 HR 5515 PCS chase of property or services if such individual acquisition 1 is made on a no cost basis and pursuant to a multiple 2 award contract awarded in accordance with requirements 3 for full and open competition. 4 (b) AUDIT.—The Comptroller General of the United 5 States shall— 6 (1) conduct biennial audits of the General Serv- 7 ices Administration National Broker Contract to de- 8 termine— 9 (A) whether brokers selected under the 10 program provide lower lease rental rates than 11 rates negotiated by General Services Adminis- 12 tration staff; and 13 (B) the impact of the program on the 14 length of time of lease procurements; 15 (2) conduct a review of whether the application 16 of section 863 of Public Law 110–417 to acquisi- 17 tions for commercial leasing services resulted in 18 rental cost savings for the Government during the 19 years in which such section was applicable prior to 20 the date of enactment of this section; and 21 (3) not later than September 30, 2019, and 22 September 30, 2021, submit to the Committee on 23 Transportation and Infrastructure of the House of 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00596 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 597 HR 5515 PCS Representatives and the Committee on Environment 1 and Public Works of the Senate a report that— 2 (A) summarizes the results of the audit 3 and review required by paragraphs (1) and (2); 4 (B) includes an assessment of whether the 5 National Broker Contract provides greater effi- 6 ciencies and savings than the use of General 7 Services Administration staff; and 8 (C) includes recommendations for improv- 9 ing General Services Administration lease pro- 10 curements. 11 (c) TERMINATION.—This section shall terminate on 12 December 31, 2022. 13 SEC. 884. PROCUREMENT ADMINISTRATIVE LEAD TIME 14 DEFINITION AND PLAN. 15 (a) IN GENERAL.—Not later than 180 days after the 16 date of the enactment of this Act, the Administrator for 17 Federal Procurement Policy shall develop, make available 18 for public comment, and finalize— 19 (1) a definition of the term ‘‘Procurement ad- 20 ministrative lead time’’ or ‘‘PALT’’, to be applied 21 Government-wide, that describes the amount of time 22 from the date on which a solicitation for a contract 23 or task order is issued to the date of an initial 24 award of the contract or task order; and 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00597 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 598 HR 5515 PCS (2) a plan for measuring and publicly reporting 1 data on PALT for Federal Government contracts 2 and task orders in amounts greater than the sim- 3 plified acquisition threshold. 4 (b) REQUIREMENT FOR DEFINITION.—Unless the 5 Administrator determines otherwise, the amount of time 6 in the definition of PALT developed under subsection (a) 7 shall— 8 (1) begin on the date on which an initial solici- 9 tation is issued by a Federal department or agency 10 for a contract or task order; and 11 (2) end on the date of the award of the contract 12 or task order. 13 (c) COORDINATION.—In developing the definition of 14 PALT, the Administrator shall coordinate with— 15 (1) the senior procurement executives of Fed- 16 eral agencies; 17 (2) the Secretary of Defense; and 18 (3) the Administrator of the General Services 19 Administration on modifying the existing data sys- 20 tem of the Federal Government to determine the 21 date on which the initial solicitation is issued. 22 (d) USE OF EXISTING PROCUREMENT DATA SYS- 23 TEM.—In developing the plan for measuring and publicly 24 reporting data on PALT required by subsection (a), the 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00598 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 599 HR 5515 PCS Administrator shall, to the maximum extent practicable, 1 rely on the information contained in the Federal procure- 2 ment data system established pursuant to section 3 1122(a)(4) of title 41, United States Code, including any 4 modifications to that system. 5 SEC. 885. REPORT ON FUNDING OF PRODUCT SUPPORT 6 STRATEGIES. 7 (a) REPORT REQUIRED.—For each of the fiscal years 8 2020, 2021, and 2022, the Secretary of Defense shall in- 9 clude with the budget for the Department of Defense, as 10 submitted to Congress pursuant to section 1105 of title 11 31, United States Code, a report regarding the funding 12 for product support strategies for major weapon systems. 13 The Secretary may submit this report separately, or as 14 part of the annex required by section 347 of the National 15 Defense Authorization Act for Fiscal Year 2018 (Public 16 Law 115–91). 17 (b) CONTENTS.—The report shall include for each 18 major weapon system— 19 (1) a current estimate of the total funding re- 20 quired for the product support strategy for the 21 lifecycle of the weapon system; 22 (2) a current estimate of the funding required 23 for the product support strategy per year, by appro- 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00599 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 600 HR 5515 PCS priation and budget activity, over the future years 1 defense program for the weapon system; 2 (3) a summary of the funding requested for the 3 product support strategy in the future years defense 4 program per year, by appropriation and budget ac- 5 tivity, for the weapon system; 6 (4) should the amounts required pursuant to 7 paragraph (2) differ from the amounts requested 8 pursuant to paragraph (3) by more than 5 percent, 9 an explanation for the variance and a description of 10 the actions that will be taken to mitigate the risk to 11 the sustainment of the weapon system; 12 (5) a summary of the amounts expended, by ap- 13 propriation and budget activity, for the product sup- 14 port strategy of the weapon system during the prior 15 fiscal year; and 16 (6) should the amounts expended in the prior 17 fiscal year pursuant to paragraph (5) differ from the 18 amounts required for that fiscal year, pursuant to 19 paragraph (2) by more than 5 percent, an expla- 20 nation for the variance and a description of the ac- 21 tions that will be taken to mitigate the risk to the 22 sustainment of the weapon system. 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00600 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 601 HR 5515 PCS SEC. 886. USE OF LOWEST PRICE TECHNICALLY ACCEPT- 1 ABLE SOURCE SELECTION PROCESS. 2 (a) STATEMENT OF POLICY.—It shall be the policy 3 of the United States Government to avoid using lowest 4 price technically acceptable source selection criteria in cir- 5 cumstances that would deny the Government the benefits 6 of cost and technical tradeoffs in the source selection proc- 7 ess. 8 (b) REVISION OF FEDERAL ACQUISITION REGULA- 9 TION.—Not later than 120 days after the date of the en- 10 actment of this Act, the Federal Acquisition Regulation 11 shall be revised to require that, for solicitations issued on 12 or after the date that is 120 days after the date of the 13 enactment of this Act, lowest price technically acceptable 14 source selection criteria are used only in situations in 15 which— 16 (1) an executive agency is able to comprehen- 17 sively and clearly describe the minimum require- 18 ments expressed in terms of performance objectives, 19 measures, and standards that will be used to deter- 20 mine acceptability of offers; 21 (2) the executive agency would realize no, or 22 minimal, value from a contract proposal exceeding 23 the minimum technical or performance requirements 24 set forth in the request for proposal; 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00601 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 602 HR 5515 PCS (3) the proposed technical approaches will re- 1 quire no, or minimal, subjective judgment by the 2 source selection authority as to the desirability of 3 one offeror’s proposal versus a competing proposal; 4 (4) the source selection authority has a high de- 5 gree of confidence that a review of technical pro- 6 posals of offerors other than the lowest bidder would 7 not result in the identification of factors that could 8 provide value or benefit to the executive agency; 9 (5) the contracting officer has included a jus- 10 tification for the use of a lowest price technically ac- 11 ceptable evaluation methodology in the contract file; 12 and 13 (6) the executive agency has determined that 14 the lowest price reflects full life-cycle costs, including 15 for operations and support. 16 (c) AVOIDANCE OF USE OF LOWEST PRICE TECH- 17 NICALLY ACCEPTABLE SOURCE SELECTION CRITERIA IN 18 CERTAIN PROCUREMENTS.—To the maximum extent 19 practicable, the use of lowest price technically acceptable 20 source selection criteria shall be avoided in the case of a 21 procurement that is predominately for the acquisition of— 22 (1) information technology services, cybersecu- 23 rity services, systems engineering and technical as- 24 sistance services, advanced electronic testing, audit 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00602 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 603 HR 5515 PCS or audit readiness services, or other knowledge-based 1 professional services; 2 (2) personal protective equipment; or 3 (3) knowledge-based training or logistics serv- 4 ices in contingency operations or other operations 5 outside the United States, including in Afghanistan 6 or Iraq. 7 (d) REPORTING.—Not later than one year after the 8 date of the enactment of this Act, and annually thereafter 9 for three years, the Comptroller General of the United 10 States shall submit to the appropriate congressional com- 11 mittees a report on the number of instances in which low- 12 est price technically acceptable source selection criteria is 13 used for a contract exceeding $2,000,000, including an ex- 14 planation of how the situations listed in subsection (b) 15 were considered in making a determination to use lowest 16 price technically acceptable source selection criteria. 17 (e) DEFINITIONS.—In this section: 18 (1) EXECUTIVE AGENCY.—The term ‘‘executive 19 agency’’ has the meaning given that term in section 20 102 of title 40, United States Code, except that the 21 term does not include the Department of Defense. 22 (2) CONTINGENCY OPERATION.—The term 23 ‘‘contingency operation’’ has the meaning given that 24 term in section 101 of title 10, United States Code. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00603 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 604 HR 5515 PCS (3) APPROPRIATE CONGRESSIONAL COMMIT- 1 TEES.—The term ‘‘appropriate congressional com- 2 mittees’’ means the Committee on Oversight and 3 Government Reform of the House of Representatives 4 and the Committee on Homeland Security and Gov- 5 ernmental Affairs of the Senate. 6 SEC. 887. SENSE OF CONGRESS REGARDING STEEL PRO- 7 DUCED IN THE UNITED STATES. 8 (a) FINDINGS.—Congress finds the following: 9 (1) Frequent surges in unfairly trade steel im- 10 ports have materially injured the iron ore and steel 11 industries in the United States, putting our national, 12 economic, and energy security at risk. 13 (2) High-quality American steel products are 14 vital to the success of the United States military and 15 are used in a variety of applications from aircraft 16 carriers to armor plate for tanks as well as critical 17 energy infrastructure like the electrical grid and en- 18 ergy pipelines. 19 (3) Domestic producers of defense-related steel 20 products are dependent on the overall financial 21 health of the iron ore and steel industries in the 22 United States. 23 (4) The loss of a strong domestic iron ore and 24 steel industry would make the United States dan- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00604 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 605 HR 5515 PCS gerously dependent upon foreign sources of steel, 1 such as China. 2 (b) SENSE OF CONGRESS.—It is the sense of Con- 3 gress that a strong domestic iron ore and steel industry 4 is vital to the national security of the United States. 5 TITLE IX—DEPARTMENT OF DE- 6 FENSE ORGANIZATION AND 7 MANAGEMENT 8 Subtitle A—Organization and Man- 9 agement of the Department of 10 Defense Generally 11 SEC. 901. AUTHORITY OF SECRETARY OF DEFENSE TO DE- 12 TERMINE COMMAND AND CONTROL RELA- 13 TIONSHIPS. 14 Section 113 of title 10, United States Code, is 15 amended by inserting after subsection (k) the following: 16 ‘‘(l) COMMAND AND CONTROL AUTHORITY.—The 17 Secretary of Defense shall have the authority to determine 18 command and control relationships within the military de- 19 partments, Defense Agencies, and other organizations and 20 elements of the Department of Defense, including the 21 United States Fleet Forces Command and the United 22 States Transportation Command, as necessary to fulfill 23 the responsibilities of the Secretary under this title.’’. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00605 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 606 HR 5515 PCS SEC. 902. CIVILIAN PERSONNEL MANAGEMENT. 1 Section 129 of title 10, United States Code, is 2 amended— 3 (1) in subsection (a), by striking ‘‘Any con- 4 straint or limitation in terms of man years, end 5 strength, full-time equivalent positions, or maximum 6 number of employees shall be developed on the basis 7 of those factors and shall be subject to adjustment 8 solely for reasons of changed circumstances.’’ and 9 inserting ‘‘The cost of the civilian workforce as pre- 10 scribed by Department of Defense Instruction 11 7041.04, issued in 2013 or any successor guidance, 12 shall be compared to the costs of the military and 13 contract workforces, consistent with the require- 14 ments of section 129a, 2461, and 2463 of this 15 title.’’; and 16 (2) in subsection (c)(2)— 17 (A) in each of subparagraphs (A) and (B), 18 by inserting ‘‘and associated costs’’ after ‘‘pro- 19 jected size’’; and 20 (B) in subparagraph (B), by striking ‘‘that 21 have been taken to identify offsetting reductions 22 and avoid unnecessary overall growth in the size 23 of the civilian workforce’’ and inserting ‘‘to re- 24 duce the overall costs of the total force of mili- 25 tary, civilian, and contract workforces con- 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00606 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 607 HR 5515 PCS sistent with sections 129a, 2461, and 2463 of 1 this title’’. 2 SEC. 903. PERFORMANCE OF CIVILIAN FUNCTIONS BY MILI- 3 TARY PERSONNEL. 4 Section 129a(g)(1) of title 10, United States Code, 5 is amended— 6 (1) in subparagraph (A), by striking ‘‘or re- 7 quired by a mission’’ and inserting ‘‘pursuant to De- 8 partment of Defense Instruction 7041.04, issued on 9 July 3, 2013, or any successor guidance, and when 10 required by a mission within the military occupa- 11 tional specialty for which the military personnel have 12 been trained’’; and 13 (2) in subparagraph (B), by inserting ‘‘, and 14 only if the functions to be performed by military per- 15 sonnel are consistent with the training requirements 16 for the military occupational specialty for which such 17 personnel have been trained’’ before the period at 18 the end. 19 SEC. 904. ROLES OF UNDER SECRETARY OF DEFENSE FOR 20 POLICY AND UNDER SECRETARY OF DE- 21 FENSE FOR INTELLIGENCE. 22 (a) UNDER SECRETARY OF DEFENSE FOR POLICY.— 23 Section 134(b) of title 10, United States Code, is amend- 24 ed— 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00607 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 608 HR 5515 PCS (1) by redesignating paragraphs (3) and (4) as 1 paragraphs (4) and (5), respectively; 2 (2) by inserting after paragraph (2) the fol- 3 lowing new paragraph (3): 4 ‘‘(3) Subject to the authority, direction, and control 5 of the Secretary of Defense, the Under Secretary shall be 6 responsible and have the overall direction and supervision 7 for— 8 ‘‘(A) the development, implementation, and in- 9 tegration across the Department of Defense of the 10 National Defense Strategy and strategic policy guid- 11 ance for the activities of the Department of Defense 12 across all geographic regions and military functions 13 and domains; and 14 ‘‘(B) the integration of the activities of the De- 15 partment of Defense into the National Security 16 Strategy of the United States.’’; and 17 (3) in paragraph (4), as redesignated by para- 18 graph (1) of this subsection, by inserting ‘‘policy 19 making’’ before ‘‘activities’’. 20 (b) UNDER SECRETARY OF DEFENSE FOR INTEL- 21 LIGENCE.—Section 137(b) of title 10, United States Code, 22 as amended by section 1621, is further amended— 23 (1) in paragraph (3), by striking ‘‘; and’’ and 24 inserting a semicolon; 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00608 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 609 HR 5515 PCS (2) by redesignating paragraph (4) as para- 1 graph (5); and 2 (3) by inserting after paragraph (3) the fol- 3 lowing new paragraph (4): 4 ‘‘(4) have responsibility for supervising and di- 5 recting, and overseeing Department of Defense ac- 6 tivities, other than policy making activities, with re- 7 spect to technology protection relating to export con- 8 trols; and’’. 9 SEC. 905. DESIGNATION OF NAVY COMMANDERS. 10 Section 5013 of title 10, United States Code, is 11 amended by adding at the end the following new sub- 12 sections: 13 ‘‘(h) The Secretary of the Navy shall designate a sin- 14 gle commander within the Department of the Navy who 15 shall serve as the official with principal responsibility in 16 such Department for ensuring that forces of the Navy are 17 available for tasking and deployment, including forces that 18 may be operating from a forward deployed location. 19 ‘‘(i) The Secretary of the Navy shall designate a sin- 20 gle commander within the Department of the Navy who 21 shall serve as the official with principal responsibility in 22 such Department for the oversight and management of the 23 shipyards of the Navy, including shipyards outside the 24 United States.’’. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00609 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 610 HR 5515 PCS Subtitle B—Comprehensive Pen- 1 tagon Bureaucracy Reform and 2 Reduction 3 SEC. 911. AUTHORITIES AND RESPONSIBILITIES OF THE 4 CHIEF MANAGEMENT OFFICER OF THE DE- 5 PARTMENT OF DEFENSE. 6 (a) AUTHORITIES AND RESPONSIBILITIES.— 7 (1) IN GENERAL.—Section 132a(b) of title 10, 8 United States Code, is amended— 9 (A) by amending paragraph (3) to read as 10 follows: 11 ‘‘(3) Exercising authority, direction, and control 12 over the Defense Agencies and Department of De- 13 fense Field Activities with respect to the covered ac- 14 tivities.’’; and 15 (B) by adding at the end the following: 16 ‘‘(7) Serving as the official with principal re- 17 sponsibility in the Department for minimizing the 18 duplication of efforts and maximizing efficiency and 19 effectiveness among all organizations and elements 20 of the Department (other than the military depart- 21 ments) with respect to the covered activities.’’. 22 (2) BUDGET AUTHORITY.—Section 132a of title 23 10, United States Code (as amended by paragraph 24 (1)) is further amended— 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00610 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 611 HR 5515 PCS (A) by redesignating subsections (c) and 1 (d) as subsections (d) and (e) respectively; and 2 (B) by inserting after subsection (b) the 3 following: 4 ‘‘(c) BUDGET AUTHORITY.— 5 ‘‘(1)(A) The Secretary of Defense, acting 6 through the Under Secretary of Defense (Comp- 7 troller), shall require the head of each Defense 8 Agency and Department of Defense Field Activity to 9 transmit the proposed budget for the covered activi- 10 ties of such Agency or Activity for a fiscal year and 11 for the period covered by the future-years defense 12 program submitted to Congress under section 221 of 13 this title for that fiscal year to the Chief Manage- 14 ment Officer for review under subparagraph (B) be- 15 fore submitting the proposed budget to the Under 16 Secretary of Defense (Comptroller). 17 ‘‘(B) The Chief Management Officer shall re- 18 view each proposed budget transmitted under sub- 19 paragraph (A) and, not later than January 31 of the 20 year preceding the fiscal year for which the budget 21 is proposed, shall submit to the Secretary of Defense 22 a report containing the comments of the Chief Man- 23 agement Officer with respect to all such proposed 24 budgets, together with the certification of the Chief 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00611 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 612 HR 5515 PCS Management Officer regarding whether each pro- 1 posed budget achieves an adequate level of efficiency 2 and effectiveness with respect to the covered activi- 3 ties. 4 ‘‘(C) Not later than March 31 of each year, the 5 Secretary of Defense shall submit to Congress a re- 6 port that includes the following: 7 ‘‘(i) Each proposed budget for the covered 8 activities of a Defense Agency or a Department 9 of Defense Field Activity that was transmitted 10 to the Chief Management Officer under sub- 11 paragraph (A). 12 ‘‘(ii) Identification of each proposed budget 13 contained in the most-recent report submitted 14 under subparagraph (B) that the Chief Man- 15 agement Officer did not certify as achieving an 16 adequate level of efficiency and effectiveness 17 with respect to the covered activities. 18 ‘‘(iii) A discussion of the actions that the 19 Secretary proposes to take, together with any 20 recommended legislation that the Secretary con- 21 siders appropriate, to address the inadequate 22 levels of efficiency and effectiveness achieved by 23 the proposed budgets identified in the report. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00612 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 613 HR 5515 PCS ‘‘(iv) Any additional comments that the 1 Secretary considers appropriate regarding the 2 inadequate levels of efficiency and effectiveness 3 achieved by the proposed budgets. 4 ‘‘(2) None of the funds authorized to be appro- 5 priated or otherwise made available for any fiscal 6 year for the covered activities of a Defense Agency 7 or a Department of Defense Field Activity may be 8 obligated or expended unless— 9 ‘‘(A) the head of the Agency or Activity 10 submits to the Chief Management Officer a 11 plan for the obligation and expenditure of such 12 funds; and 13 ‘‘(B) the Chief Management Officer ap- 14 proves the plan. 15 ‘‘(3) Nothing in this subsection shall be con- 16 strued to modify or interfere with the budget-related 17 responsibilities of the Director of National Intel- 18 ligence.’’. 19 (3) COVERED ACTIVITIES DEFINED.—Section 20 132a of title 10, United States Code (as amended by 21 paragraphs (1) and (2)) is further amended by add- 22 ing at the end the following: 23 ‘‘(f) COVERED ACTIVITIES DEFINED.—In this sec- 24 tion, the term ‘covered activities’ means any activity relat- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00613 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 614 HR 5515 PCS ing to civilian resources management, logistics manage- 1 ment, services contracting, or real estate management.’’. 2 (b) STREAMLINING OF CERTAIN FUNCTIONS ACROSS 3 THE DEPARTMENT OF DEFENSE.— 4 (1) STREAMLINING OF FUNCTIONS.— 5 (A) IN GENERAL.—Except as provided in 6 subparagraph (B), not later than January 1, 7 2021, and not less frequently than once every 8 five years thereafter, the Secretary of Defense, 9 acting through the Chief Management Officer 10 of the Department Defense, shall reduce or 11 eliminate duplicative functions across all organi- 12 zations and elements of the Department of De- 13 fense with respect to the covered activities. 14 (B) EXCEPTION.—The military services 15 shall not be included in any reductions or elimi- 16 nations carried out under subparagraph (A) on 17 or before January 1, 2021. 18 (2) CERTIFICATION AND REVIEW OF COST SAV- 19 INGS.— 20 (A) CERTIFICATION.—Not later January 21 1, 2021, the Chief Management Officer shall 22 certify to the congressional defense committees 23 that the reductions and eliminations carried out 24 under paragraph (1) accomplished savings with 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00614 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 615 HR 5515 PCS respect to the total amount obligated and ex- 1 pended for the covered activities in fiscal year 2 2020 that were not less than 25 percent of the 3 baseline amount. 4 (B) GAO REVIEW.—Not later than 30 5 days after the submission of the certification 6 under subparagraph (A), the Comptroller Gen- 7 eral of the United States shall submit to the 8 congressional defense committees a report that 9 verifies whether the savings reported by the 10 Chief Management Officer under such subpara- 11 graph are accurate. 12 (C) BASELINE AMOUNT.—For the pur- 13 poses of this paragraph, the baseline amount is 14 the total amount obligated and expended by or- 15 ganizations and elements of the Department of 16 Defense other than the military services for fis- 17 cal year 2018 for the covered activities— 18 (i) increased by a credit for the 19 amount of any reductions in the costs of 20 such activities that are documented, as of 21 the date that is 90 days after the date of 22 the enactment of this Act, as having been 23 accomplished in accordance with section 24 346 of the National Defense Authorization 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00615 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 616 HR 5515 PCS Act for Fiscal Year 2016 (Public Law 1 114–92;.10 U.S.C. 111 note); and 2 (ii) decreased by the amount of any 3 reductions in costs for such activities that 4 are documented, as of the date that is 90 5 days after the date of the enactment of 6 this Act, as having been accomplished in 7 accordance with other sections of this sub- 8 title. 9 (D) TREATMENT OF CERTAIN COST SAV- 10 INGS.—For the purposes of calculating the per- 11 centage cost savings accomplished by the Chief 12 Management Officer under subparagraph (A), 13 any reduction in costs documented, as of the 14 date that is 90 days after the date of the enact- 15 ment of this Act, as having been accomplished 16 in accordance with section 346 of the National 17 Defense Authorization Act for Fiscal Year 2016 18 (Public Law 114–92;.10 U.S.C. 111 note) shall 19 be treated as a reduction accomplished by the 20 Chief Management Officer under paragraph 21 (1). 22 (3) PLAN AND REVIEW.— 23 (A) PLAN REQUIRED.—Not later than 24 March 1, 2020, the Chief Management Officer 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00616 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 617 HR 5515 PCS shall submit to the congressional defense com- 1 mittees a plan for complying with paragraphs 2 (1) and (2). 3 (B) GAO REVIEW.—Not later than 30 4 days after the submission of the plan under 5 subparagraph (A), the Comptroller General of 6 the United States shall submit to the congres- 7 sional defense committees a report that 8 verifies— 9 (i) whether the plan submitted under 10 subparagraph (A) is feasible; and 11 (ii) whether any cost savings expected 12 to result from the plan are accurate. 13 (4) SUBSEQUENT REPORTS AND REVIEWS.— 14 (A) CMO REPORTS.—Not later than Janu- 15 ary 1 of every fifth calendar year beginning 16 with January 1, 2026, the Chief Management 17 Officer shall submit to the congressional de- 18 fense committees a report that describes the ac- 19 tivities carried out by the Chief Management 20 Officer under paragraph (1) during the pre- 21 ceding five years, including an estimate of any 22 cost savings achieved as a result of such activi- 23 ties. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00617 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 618 HR 5515 PCS (B) GAO REVIEW.—Not later than 30 1 days after the submission of each report under 2 subparagraph (A), the Comptroller General of 3 the United States shall submit to the congres- 4 sional defense committees a report that 5 verifies— 6 (i) whether the activities described in 7 the report under subparagraph (A) were 8 carried out; and 9 (ii) whether any cost savings esti- 10 mated in the report are accurate. 11 (5) COVERED ACTIVITIES DEFINED.—In this 12 subsection, the term ‘‘covered activities’’ has the 13 meaning given that term in section 132a(f) of title 14 10, United States Code, as added by subsection (a) 15 of this section. 16 SEC. 912. AUTHORITIES AND RESPONSIBILITIES OF THE IN- 17 SPECTOR GENERAL OF THE DEPARTMENT OF 18 DEFENSE. 19 (a) ADDITIONAL RESPONSIBILITIES AND AUTHORI- 20 TIES.—Section 141 of title 10, United States Code, is 21 amended by adding at the end the following: 22 ‘‘(c) In addition to the duties, responsibilities, and 23 powers referred to in subsection (b), the Inspector General 24 of the Department shall serve as the official with principal 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00618 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 619 HR 5515 PCS responsibility in the Department for minimizing the dupli- 1 cation of efforts and maximizing efficiency among the In- 2 spectors General across all organizations and elements of 3 the Department with respect to the covered activities. 4 ‘‘(d)(1)(A) The Secretary of Defense, acting through 5 the Under Secretary of Defense (Comptroller), shall re- 6 quire each Inspector General of an organization or element 7 of the Department of Defense to transmit the proposed 8 budget for the covered activities of the Office of such In- 9 spector General for a fiscal year and for the period covered 10 by the future-years defense program submitted to Con- 11 gress under section 221 of this title for that fiscal year 12 to the Inspector General of the Department of Defense 13 for review under subparagraph (B) before submitting the 14 proposed budget to the Under Secretary of Defense 15 (Comptroller). 16 ‘‘(B) The Inspector General of the Department of 17 Defense shall review each proposed budget transmitted 18 under subparagraph (A) and, not later than January 31 19 of the year preceding the fiscal year for which the budget 20 is proposed, shall submit to the Secretary of Defense a 21 report containing the comments of the Inspector General 22 with respect to all such proposed budgets, together with 23 the certification of the Inspector General regarding wheth- 24 er each proposed budget achieves an adequate level of effi- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00619 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 620 HR 5515 PCS ciency and effectiveness with respect to the covered activi- 1 ties. 2 ‘‘(C) Not later than March 31 of each year, the Sec- 3 retary of Defense shall submit to Congress a report that 4 includes the following: 5 ‘‘(i) Each proposed budget for the covered ac- 6 tivities of an Inspector General of an organization or 7 element of the Department of Defense that was 8 transmitted to the Inspector General of the Depart- 9 ment under subparagraph (A). 10 ‘‘(ii) Identification of each proposed budget con- 11 tained in the most-recent report submitted under 12 subparagraph (B) that the Inspector General of the 13 Department did not certify as achieving an adequate 14 level of efficiency and effectiveness with respect to 15 the covered activities. 16 ‘‘(iii) A discussion of the actions that the Sec- 17 retary proposes to take, together with any rec- 18 ommended legislation that the Secretary considers 19 appropriate, to address the inadequate levels of effi- 20 ciency and effectiveness achieved by the proposed 21 budgets identified in the report. 22 ‘‘(iv) Any additional comments that the Sec- 23 retary considers appropriate regarding the inad- 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00620 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 621 HR 5515 PCS equate levels of efficiency and effectiveness achieved 1 by the proposed budgets. 2 ‘‘(2) None of the funds authorized to be appropriated 3 or otherwise made available for any fiscal year for the cov- 4 ered activities of an Inspector General of an organization 5 or element of the Department of Defense may be obligated 6 or expended unless— 7 ‘‘(A) the Inspector General of the organization 8 or element submits to the Inspector General of the 9 Department of Defense a plan for the obligation and 10 expenditure of such funds; and 11 ‘‘(B) the Inspector General of the Department 12 of Defense approves the plan. 13 ‘‘(e) In this section, the term ‘covered activities’ 14 means any activity relating to public affairs, human re- 15 sources, contracting, services contracting, or any other 16 cross-enterprise activities of the Inspectors General of the 17 organizations and elements of the Department of Defense, 18 as determined by the Inspector General of the Depart- 19 ment.’’. 20 (b) STREAMLINING OF FUNCTIONS.—Not later than 21 January 1, 2021, the Secretary of Defense, acting through 22 the Inspector General of the Department Defense, shall 23 reduce or eliminate duplicative functions among the In- 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00621 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 622 HR 5515 PCS spectors General across all organizations and elements of 1 the Department with respect to the covered activities. 2 (c) PLAN REQUIRED.—Not later than March 1, 3 2020, the Inspector General of the Department of Defense 4 shall submit to the congressional defense committees a 5 plan for complying with subsection (b). 6 (d) COVERED ACTIVITIES DEFINED.—In this section, 7 the term ‘‘covered activities’’ has the meaning given that 8 term in section 141(e) of title 10, United States Code, 9 as added by subsection (a) of this section. 10 SEC. 913. TRANSITION OF CERTAIN DEFENSE AGENCIES 11 AND DEPARTMENT OF DEFENSE FIELD AC- 12 TIVITIES. 13 (a) DEFENSE INFORMATION SYSTEMS AGENCY.— 14 (1) TRANSFER OF FUNCTIONS.—Not later than 15 January 1, 2021, the Secretary of Defense, acting 16 through the Chief Management Officer of the De- 17 partment of Defense, shall— 18 (A) transfer all information technology 19 contracting and acquisition services of the De- 20 fense Information Systems Agency to other ele- 21 ments of the Department of Defense, which 22 may include the transfer of such services to the 23 military departments; and 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00622 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 623 HR 5515 PCS (B) transfer all senior leader communica- 1 tions functions of the Agency to other elements 2 of the Department of Defense. 3 (2) TRANSITION PLAN.—Not later than March 4 1, 2020, the Chief Management Officer shall submit 5 to the congressional defense committees a plan for 6 the transfers required under paragraph (1). 7 (b) ELIMINATION OF WASHINGTON HEADQUARTERS 8 SERVICES.— 9 (1) ELIMINATION REQUIRED.—Not later than 10 January 1, 2021, the Secretary of Defense, acting 11 through the Chief Management Officer of the De- 12 partment of Defense, shall eliminate the Washington 13 Headquarters Services. 14 (2) TRANSFER OR ELIMINATION.— 15 (A) TRANSFER.—The Chief Management 16 Officer shall transfer to other elements of the 17 Office of the Secretary of Defense only such 18 functions of the Washington Headquarters 19 Services as are necessary to carry out an essen- 20 tial function not otherwise carried out by such 21 Office, as determined by the Chief Management 22 Officer. 23 (B) ELIMINATION.—Any functions of the 24 Washington Headquarters Services that are not 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00623 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 624 HR 5515 PCS transferred to another element of the Office of 1 the Secretary of Defense under subparagraph 2 (A) shall be eliminated. 3 (3) TRANSFER OR DISPOSITION OF ASSETS.— 4 The Chief Management Officer shall dispose of, or 5 transfer to other elements of the Office of the Sec- 6 retary of Defense, any assets of the Washington 7 Headquarters Services. 8 (4) TRANSITION PLAN.—Not later than March 9 1, 2020, the Chief Management Officer shall submit 10 to the congressional defense committees a plan for 11 the eliminations and transfers required under this 12 subsection. 13 (c) REVIEW OF DEFENSE AGENCIES AND DEPART- 14 MENT OF DEFENSE FIELD ACTIVITIES.— 15 (1) REVIEW REQUIRED.—The Chief Manage- 16 ment Officer of the Department of Defense shall re- 17 view the efficiency and effectiveness of each Defense 18 Agency and Department of Defense Field Activity. 19 As part of the review, the Chief Management Officer 20 shall identify each function of an Agency or Activity 21 that is substantially similar to, or duplicative of, a 22 function carried out by another organization or ele- 23 ment of the Department of Defense. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00624 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 625 HR 5515 PCS (2) REPORT.—Not later than March 1, 2020, 1 the Chief Management Officer shall submit to the 2 congressional defense committees a report that in- 3 cludes the results of the review conducted under 4 paragraph (1). 5 (3) CMO VERIFICATION AND TRANSITION 6 PLAN.—Together with the submission of the report 7 under paragraph (2) and based on the results of the 8 review conducted under paragraph (1), the Chief 9 Management Officer shall submit to the congres- 10 sional defense committees— 11 (A) a list identifying each Defense Agency 12 and Department of Defense Field Activity that 13 the Chief Management Officer has deter- 14 mined— 15 (i) operates efficiently and effectively; 16 and 17 (ii) does not carry out any function 18 that is substantially similar to, or duplica- 19 tive of, a function carried out by another 20 organization or element of the Department 21 of Defense; and 22 (B) with respect to each Agency or Activity 23 not included on the list under subparagraph 24 (A), a plan for— 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00625 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 626 HR 5515 PCS (i) eliminating the Agency or Activity; 1 or 2 (ii) transferring some or all of the 3 functions of the Agency or Activity to an- 4 other organization or element of the De- 5 partment of Defense. 6 (d) CLARIFICATION OF AUTHORITIES OF THE SEC- 7 RETARY OF DEFENSE.— 8 (1) IN GENERAL.—Except as provided in para- 9 graph (2), the Secretary of Defense shall have the 10 authority to establish or terminate any Defense 11 Agency or Department of Defense Field Activity. 12 (2) EXCEPTIONS.—The authority of the Sec- 13 retary of Defense to establish or terminate a De- 14 fense Agency or Department of Defense Field Activ- 15 ity under paragraph (1) does not apply to an Agency 16 or Activity that is specifically established or termi- 17 nated by an Act of Congress. 18 (3) REFERENCES.—Any reference in Federal 19 law, regulations, guidance, instructions, or other 20 documents of the Federal Government to a Defense 21 Agency or Department of Defense Field Activity ter- 22 minated by the Secretary of Defense under para- 23 graph (1), or to the head of such an Agency or Ac- 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00626 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 627 HR 5515 PCS tivity, shall be deemed to be a reference to the Sec- 1 retary of Defense. 2 (4) NOTICE REQUIREMENT.—The Secretary of 3 Defense may not terminate a Defense Agency or De- 4 partment of Defense Field Activity until a period of 5 90 days has elapsed following the date on which the 6 Secretary submits to the congressional defense com- 7 mittees— 8 (A) notice of the intent of the Secretary to 9 terminate the Agency or Activity; and 10 (B) recommendations for legislative actions 11 that may be required as a result of such termi- 12 nation. 13 SEC. 914. ACTIONS TO INCREASE THE EFFICIENCY AND 14 TRANSPARENCY OF THE DEFENSE LOGISTICS 15 AGENCY. 16 (a) SYSTEM AND CAPABILITY.—Not later than Janu- 17 ary 1, 2021, the Director of the Defense Logistics Agency 18 and the Chief Management Officer of the Department of 19 Defense shall jointly, in consultation with the customers 20 served by the Agency, develop and implement— 21 (1) a comprehensive system that enables cus- 22 tomers of the Agency to view— 23 (A) the inventory of items and materials 24 available to customers from the Agency; and 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00627 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 628 HR 5515 PCS (B) the delivery status of items and mate- 1 rials that are in transit to customers; and 2 (2) a predictive analytics capability designed to 3 increase the efficiency of the system described in 4 paragraph (1) by identifying emerging customer 5 needs with respect to items and materials supplied 6 by the Agency, including any emerging needs arising 7 from the use of new weapon systems by customers. 8 (b) ACTIONS TO INCREASE EFFICIENCY.—Not later 9 than January 1, 2021, the Director of the Defense Logis- 10 tics Agency and the Chief Management Officer shall joint- 11 ly— 12 (1) reduce the rates charged to customers, in 13 aggregate, by not less than 10 percent; 14 (2) eliminate the duplication of services within 15 the Agency; and 16 (3) establish specific goals and metrics to en- 17 sure that the Agency is fulfilling its mission of pro- 18 viding items and materials to customers with suffi- 19 cient speed and in sufficient quantities to ensure the 20 lethality and readiness of warfighters. 21 (c) PLAN REQUIRED.—Not later than March 1, 22 2020, the Director of the Defense Logistics Agency and 23 the Chief Management Officer shall jointly submit to the 24 congressional defense committees a plan that describes 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00628 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 629 HR 5515 PCS how the Director and the Chief Management Officer will 1 achieve compliance with the requirements of subsections 2 (a) and (b). 3 SEC. 915. REVIEW OF FUNCTIONS OF DEFENSE CONTRACT 4 AUDIT AGENCY AND DEFENSE CONTRACT 5 MANAGEMENT AGENCY. 6 (a) REVIEW REQUIRED.—The Secretary of Defense, 7 acting through the Chief Management Officer of the De- 8 partment of Defense, shall direct the Under Secretary of 9 Defense for Acquisition and Sustainment and the Under 10 Secretary of Defense (Comptroller) to conduct a joint re- 11 view of the functions of the Defense Contract Audit Agen- 12 cy and the Defense Contract Management Agency. The 13 review shall include— 14 (1) a validation of the missions and functions of 15 each Agency; 16 (2) a determination of whether there are func- 17 tions performed by either Agency that could more 18 appropriately be performed by— 19 (A) the other Agency; 20 (B) any other organization or element of 21 the Department of Defense, including the mili- 22 tary departments; or 23 (C) commercial providers; and 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00629 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 630 HR 5515 PCS (3) a validation of the continued need for two 1 separate Agencies with oversight for defense con- 2 tracting. 3 (b) REPORT REQUIRED.—Not later than March 1, 4 2020, the Secretary of Defense shall submit to the con- 5 gressional defense committees a report that includes the 6 results of the review conducted under subsection (a). 7 SEC. 916. STREAMLINING OF DEFENSE FINANCE AND AC- 8 COUNTING SERVICES. 9 (a) IN GENERAL.—Not later than January 1, 2021, 10 the Chief Management Officer and the Under Secretary 11 of Defense (Comptroller) shall jointly carry out activities 12 to streamline, reduce duplication, and make more effective 13 the operations of the Defense Finance and Accounting 14 Services. 15 (b) PLAN REQUIRED.—Not later than March 1, 16 2020, the Chief Management Officer and the Under Sec- 17 retary of Defense (Comptroller) shall jointly submit to the 18 congressional defense committees a plan for carrying out 19 the activities required under subsection (a). 20 (c) RULE OF CONSTRUCTION.—Nothing in this sec- 21 tion shall be construed to encourage or require the termi- 22 nation of any personnel or positions within the Defense 23 Finance and Accounting Services. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00630 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 631 HR 5515 PCS SEC. 917. REDUCTION IN NUMBER OF CHIEF INFORMATION 1 OFFICERS IN THE SENIOR EXECUTIVE SERV- 2 ICE. 3 With respect to the total number of Chief Informa- 4 tion Officer positions within the Department of Defense, 5 during calendar year 2021 and each year thereafter not 6 more than five of such positions may be Senior Executive 7 Service positions (as that term is described in section 8 3132(a)(2) of title 5, United States Code). 9 SEC. 918. GENERAL PROVISIONS. 10 (a) CONSOLIDATED REPORT.—The plans and reports 11 required to be submitted to the congressional defense com- 12 mittees under this subtitle on or before March 1, 2020, 13 may be combined and submitted in the form of a single, 14 consolidated document. 15 (b) DEFINITIONS.—In this subtitle: 16 (1) The term ‘‘Chief Management Officer’’ 17 means the Chief Management Officer of the Depart- 18 ment of Defense. 19 (2) The terms ‘‘Defense Agency’’, ‘‘Department 20 of Defense Field Activity’’, and ‘‘military depart- 21 ments’’ have the meanings given the terms in section 22 101(a) of title 10, United States Code. 23 (c) CONFORMING AMENDMENT.—Section 143(b) of 24 title 10, United States Code, is amended by striking ‘‘and 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00631 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 632 HR 5515 PCS the Washington Headquarters Services of the Department 1 of Defense’’. 2 (d) EFFECTIVE DATE.—The amendment made by 3 subsection (c) shall take effect on the earlier of— 4 (1) the date on which the Washington Head- 5 quarters Services is eliminated under section 913; or 6 (2) January 1, 2021. 7 Subtitle C—Other Matters 8 SEC. 921. ARTIFICIAL INTELLIGENCE AND MACHINE 9 LEARNING POLICY AND OVERSIGHT COUN- 10 CIL. 11 (a) ESTABLISHMENT.—In order to fulfill the respon- 12 sibilities specified in Section 133a of title 10, United 13 States Code, the Under Secretary of Defense for Research 14 and Engineering shall establish and lead a team to be 15 known as the ‘‘Artificial Intelligence and Machine Learn- 16 ing Policy and Oversight Council’’ (in this section referred 17 to as the ‘‘Council’’). 18 (b) PURPOSE.—The purpose of the Council shall be 19 to— 20 (1) integrate the functional activities of the or- 21 ganizations and elements of the Department of De- 22 fense with respect to artificial intelligence and ma- 23 chine learning; 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00632 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 633 HR 5515 PCS (2) ensure there are efficient and effective arti- 1 ficial intelligence and machine learning capabilities 2 throughout Department; and 3 (3) develop and continuously improve research, 4 innovation, policy, joint processes, and procedures to 5 facilitate the development, acquisition, integration, 6 advancement, oversight, and sustainment of artificial 7 intelligence and machine learning throughout the 8 Department. 9 (c) MEMBERSHIP.—The membership of the Council 10 shall include the following: 11 (1) The Under Secretary of Defense for Re- 12 search and Engineering, or the designee of the 13 Under Secretary, who shall serve as the leader of the 14 Council. 15 (2) The following officials of the Department of 16 Defense, or their designees: 17 (A) The Under Secretary of Defense for 18 Acquisition and Sustainment. 19 (B) The Chief Management Officer of the 20 Department of Defense. 21 (C) The Under Secretary of Defense 22 (Comptroller). 23 (D) The Under Secretary of Defense for 24 Personnel and Readiness. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00633 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 634 HR 5515 PCS (E) The Under Secretary of Defense for 1 Intelligence. 2 (F) The General Counsel of the Depart- 3 ment of Defense. 4 (G) The head of each military service. 5 (H) The Commander of the United States 6 Special Operations Command. 7 (I) The Director of the Defense Advanced 8 Research Projects Agency. 9 (3) Any other official of the Department of De- 10 fense determined to be appropriate by the Under 11 Secretary of Defense for Research and Engineering. 12 (d) OPERATION.—The Council shall operate continu- 13 ously. 14 SEC. 922. LIMITATION ON TRANSFER OF THE CHEMICAL, 15 BIOLOGICAL, AND RADIOLOGICAL DEFENSE 16 DIVISION OF THE NAVY. 17 (a) FINDINGS.—Congress makes the following find- 18 ings: 19 (1) The Chemical, Biological, and Radiological 20 Defense Division of the Navy, currently based at the 21 Naval Surface Warfare Center in Dahlgren, Vir- 22 ginia, consists of a highly effective team of scientists 23 performing critical work for the United States. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00634 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 635 HR 5515 PCS (2) The Secretary of the Navy has notified Con- 1 gress of the intent of the Secretary to transfer the 2 Division to another location. 3 (3) The Secretary has not provided Congress 4 with a detailed cost benefit analysis or any other in- 5 formation that adequately justifies the proposed 6 transfer of the Division. 7 (b) REPORT REQUIRED.—Not later than 90 days 8 after the date of the enactment of this Act, the Secretary 9 of the Navy shall submit to the congressional defense com- 10 mittees a report that includes— 11 (1) a detailed timeline for the proposed transfer 12 of the Chemical, Biological, and Radiological De- 13 fense Division of the Navy from Virginia to another 14 location; 15 (2) a full accounting of the costs associated 16 with the proposed transfer, including— 17 (A) all personnel costs; 18 (B) all equipment costs; and 19 (C) all facility renovation costs for the ex- 20 isting facilities of the Division and the facilities 21 to which the Division is proposed to be trans- 22 ferred; 23 (3) a risk assessment of the operational impact 24 of the transfer during the transition period; and 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00635 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 636 HR 5515 PCS (4) an explanation of the operational benefit ex- 1 pected to be achieved by collocating all Chemical, Bi- 2 ological, and Radiological elements of the Depart- 3 ment of the Navy. 4 (c) LIMITATION.—The Secretary of the Navy may not 5 transfer, or prepare to transfer, the Chemical, Biological, 6 and Radiological Defense Division of the Navy from Dahl- 7 gren, Virginia to another location until a period of 45 days 8 has elapsed following the date on which the report is sub- 9 mitted to the congressional defense committees under sub- 10 section (b). 11 SEC. 923. REVIEW OF FOREIGN CURRENCY EXCHANGE 12 RATES AND ANALYSIS OF FOREIGN CUR- 13 RENCY FLUCTUATIONS APPROPRIATION. 14 With respect to a contract for goods and services paid 15 for with foreign currency, the Under Secretary of Defense 16 (Comptroller), in coordination with each Secretary of a 17 military department, shall conduct a review of the ex- 18 change rate for such foreign currency used when making 19 a disbursement pursuant to such a contract to determine 20 whether cost-savings opportunities exist by more consist- 21 ently selecting cost-effective rates. Such review shall in- 22 clude an analysis of realized and projected losses to deter- 23 mine the necessary balance of the appropriation ‘‘Foreign 24 Currency Fluctuations, Defense’’. The Secretary of De- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00636 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 637 HR 5515 PCS fense may use the results of such analysis to determine 1 the amount of any transfers to the appropriation ‘‘Foreign 2 Currency Fluctuations, Defense’’. 3 Subtitle D—Designation of the 4 Navy and Marine Corps 5 SEC. 931. REDESIGNATION OF THE DEPARTMENT OF THE 6 NAVY AS THE DEPARTMENT OF THE NAVY 7 AND MARINE CORPS. 8 (a) REDESIGNATION OF MILITARY DEPARTMENT.— 9 The military department designated as the Department of 10 the Navy is redesignated as the Department of the Navy 11 and Marine Corps. 12 (b) REDESIGNATION OF SECRETARY AND OTHER 13 STATUTORY OFFICES.— 14 (1) SECRETARY.—The position of the Secretary 15 of the Navy is redesignated as the Secretary of the 16 Navy and Marine Corps. 17 (2) OTHER STATUTORY OFFICES.—The posi- 18 tions of the Under Secretary of the Navy, the four 19 Assistant Secretaries of the Navy, and the General 20 Counsel of the Department of the Navy are redesig- 21 nated as the Under Secretary of the Navy and Ma- 22 rine Corps, the Assistant Secretaries of the Navy 23 and Marine Corps, and the General Counsel of the 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00637 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 638 HR 5515 PCS Department of the Navy and Marine Corps, respec- 1 tively. 2 SEC. 932. CONFORMING AMENDMENTS TO TITLE 10, UNITED 3 STATES CODE. 4 (a) DEFINITION OF ‘‘MILITARY DEPARTMENT’’.— 5 Paragraph (8) of section 101(a) of title 10, United States 6 Code, is amended to read as follows: 7 ‘‘(8) The term ‘military department’ means the 8 Department of the Army, the Department of the 9 Navy and Marine Corps, and the Department of the 10 Air Force.’’. 11 (b) ORGANIZATION OF DEPARTMENT.—The text of 12 section 5011 of such title is amended to read as follows: 13 ‘‘The Department of the Navy and Marine Corps is sepa- 14 rately organized under the Secretary of the Navy and Ma- 15 rine Corps.’’. 16 (c) POSITION OF SECRETARY.—Section 5013(a)(1) of 17 such title is amended by striking ‘‘There is a Secretary 18 of the Navy’’ and inserting ‘‘There is a Secretary of the 19 Navy and Marine Corps’’. 20 (d) CHAPTER HEADINGS.— 21 (1) The heading of chapter 503 of such title is 22 amended to read as follows: 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00638 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 639 HR 5515 PCS ‘‘CHAPTER 503—DEPARTMENT OF THE 1 NAVY AND MARINE CORPS’’. 2 (2) The heading of chapter 507 of such title is 3 amended to read as follows: 4 ‘‘CHAPTER 507—COMPOSITION OF THE DE- 5 PARTMENT OF THE NAVY AND MARINE 6 CORPS’’. 7 (e) OTHER AMENDMENTS.— 8 (1) Title 10, United States Code, is amended by 9 striking ‘‘Department of the Navy’’ and ‘‘Secretary 10 of the Navy’’ each place they appear other than as 11 specified in subsections (a), (b), (c), and (d) (includ- 12 ing in section headings, subsection captions, tables 13 of chapters, and tables of sections) and inserting 14 ‘‘Department of the Navy and Marine Corps’’ and 15 ‘‘Secretary of the Navy and Marine Corps’’, respec- 16 tively, in each case with the matter inserted to be in 17 the same typeface and typestyle as the matter strick- 18 en. 19 (2)(A) Sections 5013(f), 5014(b)(2), 5016(a), 20 5017(2), 5032(a), and 5042(a) of such title are 21 amended by striking ‘‘Assistant Secretaries of the 22 Navy’’ and inserting ‘‘Assistant Secretaries of the 23 Navy and Marine Corps’’. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00639 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 640 HR 5515 PCS (B) The heading of section 5016 of such title, 1 and the item relating to such section in the table of 2 sections at the beginning of chapter 503 of such 3 title, are each amended by inserting ‘‘and Marine 4 Corps’’ after ‘‘of the Navy’’, with the matter in- 5 serted in each case to be in the same typeface and 6 typestyle as the matter amended. 7 SEC. 933. OTHER PROVISIONS OF LAW AND OTHER REF- 8 ERENCES. 9 (a) TITLE 37, UNITED STATES CODE.—Title 37, 10 United States Code, is amended by striking ‘‘Department 11 of the Navy’’ and ‘‘Secretary of the Navy’’ each place they 12 appear and inserting ‘‘Department of the Navy and Ma- 13 rine Corps’’ and ‘‘Secretary of the Navy and Marine 14 Corps’’, respectively. 15 (b) OTHER REFERENCES.—Any reference in any law 16 other than in title 10 or title 37, United States Code, or 17 in any regulation, document, record, or other paper of the 18 United States, to the Department of the Navy shall be 19 considered to be a reference to the Department of the 20 Navy and Marine Corps. Any such reference to an office 21 specified in section 931(b) shall be considered to be a ref- 22 erence to that officer as redesignated by that section. 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00640 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 641 HR 5515 PCS SEC. 934. EFFECTIVE DATE. 1 This subtitle and the amendments made by this sub- 2 title shall take effect on the first day of the first month 3 beginning more than 60 days after the date of the enact- 4 ment of this Act. 5 TITLE X—GENERAL PROVISIONS 6 Subtitle A—Financial Matters 7 SEC. 1001. GENERAL TRANSFER AUTHORITY. 8 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 9 (1) AUTHORITY.—Upon determination by the 10 Secretary of Defense that such action is necessary in 11 the national interest, the Secretary may transfer 12 amounts of authorizations made available to the De- 13 partment of Defense in this division for fiscal year 14 2019 between any such authorizations for that fiscal 15 year (or any subdivisions thereof). Amounts of au- 16 thorizations so transferred shall be merged with and 17 be available for the same purposes as the authoriza- 18 tion to which transferred. 19 (2) LIMITATION.—Except as provided in para- 20 graph (3), the total amount of authorizations that 21 the Secretary may transfer under the authority of 22 this section may not exceed $5,000,000,000. 23 (3) EXCEPTION FOR TRANSFERS BETWEEN 24 MILITARY PERSONNEL AUTHORIZATIONS.—A trans- 25 fer of funds between military personnel authoriza- 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00641 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 642 HR 5515 PCS tions under title IV shall not be counted toward the 1 dollar limitation in paragraph (2). 2 (b) LIMITATIONS.—The authority provided by sub- 3 section (a) to transfer authorizations— 4 (1) may only be used to provide authority for 5 items that have a higher priority than the items 6 from which authority is transferred; and 7 (2) may not be used to provide authority for an 8 item that has been denied authorization by Con- 9 gress. 10 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A 11 transfer made from one account to another under the au- 12 thority of this section shall be deemed to increase the 13 amount authorized for the account to which the amount 14 is transferred by an amount equal to the amount trans- 15 ferred. 16 (d) NOTICE TO CONGRESS.—The Secretary shall 17 promptly notify Congress of each transfer made under 18 subsection (a). 19 SEC. 1002. EXPERTISE IN AUDIT REMEDIATION. 20 (a) FINDINGS.—Congress finds the following: 21 (1) The ongoing efforts to produce auditable fi- 22 nancial statements for the Department of Defense, 23 its agencies, and the military services enhance readi- 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00642 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 643 HR 5515 PCS ness and accountability by ensuring effective stew- 1 ardship of taxpayer resources. 2 (2) The transition from audit readiness to audit 3 performance and remediation are critical phases, de- 4 manding expertise from accounting firms and finan- 5 cial management professionals to ensure that the 6 Department successfully addresses issues identified 7 in an audit. 8 (3) Support from the private sector enhances 9 the ability of the Department to conduct audit and 10 remediation activities, and will enable the Depart- 11 ment to achieve its strategic objective of improving 12 business practices with efficiency and accountability. 13 (b) ADDITIONAL REQUIREMENTS FOR SEMIANNUAL 14 BRIEFING ON THE FINANCIAL IMPROVEMENT AND AUDIT 15 REMEDIATION PLAN.—Section 252(b)(2) of title 10, 16 United States Code, is amended by adding at the end the 17 following new sentence: ‘‘Such briefing shall include the 18 amount of auditing and audit remediation services being 19 performed by professionals meeting the qualifications de- 20 scribed in section 254(b) of this title, both as an absolute 21 number and as a percentage of auditing and audit remedi- 22 ation services then under contract.’’. 23 (c) ADDITIONAL REPORTING REQUIREMENTS.—Sec- 24 tion 252(b)(1) of such title is amended— 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00643 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 644 HR 5515 PCS (1) in subparagraph (B), by adding at the end 1 the following new clauses: 2 ‘‘(vii) If less than 50 percent of the 3 auditing and audit remediation services 4 under contract, as described in the briefing 5 required under paragraph (2), are being 6 performed by professionals meeting the 7 qualifications described in section 254(b) 8 of this title, a detailed description of the 9 risks associated with the risks of the acqui- 10 sition strategy of the Department with re- 11 spect to conducting audits and audit reme- 12 diation activities and an explanation of 13 how the strategy complies with the policies 14 expressed by Congress. 15 ‘‘(viii) If less than 25 percent of the 16 auditing and audit remediation services 17 under contract, as described in the briefing 18 required under paragraph (2), are being 19 performed by professionals meeting the 20 qualifications described in section 254(b) 21 of this title, a written certification that the 22 staffing ratio complies with commercial 23 best practices and presents no increased 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00644 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 645 HR 5515 PCS risk of delay in the Department’s ability to 1 achieve a clean audit opinion’’; and 2 (2) by adding at the end the following new sub- 3 paragraph: 4 ‘‘(C) ADDITIONAL REQUIREMENTS.— 5 ‘‘(i) UNCLASSIFIED FORM.—A de- 6 scription submitted pursuant to clause (vii) 7 of subparagraph (B) or a certification sub- 8 mitted pursuant to clause (viii) of such 9 subparagraph shall be submitted in unclas- 10 sified form, but may contain a classified 11 annex. 12 ‘‘(ii) DELEGATION.—The Secretary 13 may not delegate the submission of a cer- 14 tification pursuant to clause (viii) of sub- 15 paragraph (B) to any official other than 16 the Deputy Secretary of Defense, the Chief 17 Management Officer, or the Under Sec- 18 retary of Defense (Comptroller).’’. 19 SEC. 1003. AUTHORITY TO TRANSFER FUNDS TO DIRECTOR 20 OF NATIONAL INTELLIGENCE FOR CAPNET. 21 During fiscal year 2019, the Secretary of Defense 22 may transfer to the Director of National Intelligence, 23 under the authority in section 1001 of this Act, an amount 24 that does not exceed $2,000,000 to provide support for 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00645 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 646 HR 5515 PCS the operation of the classified network known as 1 CAPNET. 2 SEC. 1004. INDEPENDENT PUBLIC ACCOUNTANT AUDIT OF 3 FINANCIAL SYSTEMS OF THE DEPARTMENT 4 OF DEFENSE. 5 The Secretary of Defense shall ensure that each 6 major implementation of, or modification to, a business 7 system that contributes to financial information of the De- 8 partment of Defense is reviewed by an independent public 9 accountant to validate that such financial system will meet 10 any applicable Federal requirements. 11 SEC. 1005. REPORT ON AUDITABLE FINANCIAL STATE- 12 MENTS. 13 Not later than 30 days after the date of the enact- 14 ment of this Act, the Secretary of Defense shall submit 15 to the congressional defense committees a report ranking 16 all military departments and Defense Agencies in order 17 of how advanced they are in achieving auditable financial 18 statements as required by law. The report should not in- 19 clude information otherwise available in other reports to 20 Congress. 21 Subtitle B—Counterdrug Activities 22 SEC. 1011. DEPARTMENT OF DEFENSE SUPPORT FOR COM- 23 BATING OPIOID TRAFFICKING AND ABUSE. 24 (a) FINDINGS; SENSE OF CONGRESS.— 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00646 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 647 HR 5515 PCS (1) FINDINGS.—Congress makes the following 1 findings: 2 (A) Over the past 15 years, opioid use in 3 the United States has grown exponentially. 4 (B) According to the Office of National 5 Drug Control Policy, the number of deaths re- 6 lated to opioids in the United States in 2016 7 was 42,269. 8 (C) Addiction and misuse of prescription 9 opioids continues to rise. According to the Of- 10 fice of National Drug Control Policy, in 2016, 11 11,500,000 people misused prescription opioids. 12 (D) The predominant amount of precur- 13 sors for fentanyl production are illicitly traf- 14 ficked from China. 15 (E) The Office of National Drug Control 16 Policy is the lead agency for coordinating the 17 Federal response to address the opioid epidemic 18 in the United States. 19 (F) The Department of Homeland Security 20 is the lead Federal agency in securing United 21 States borders from illicit trafficking. 22 (G) The Department of Defense plays a 23 vital supporting role in addressing the opioid 24 epidemic through intelligence analysis, edu- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00647 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 648 HR 5515 PCS cation, and assistance to other departments and 1 agencies in dealing with this challenge. 2 (2) SENSE OF CONGRESS.—It is the sense of 3 Congress that— 4 (A) the Department of Defense should pro- 5 vide support for interagency efforts to combat 6 the national opioid epidemic; and 7 (B) the role of the Department of Defense 8 is critical to identifying transnational criminal 9 organizations that allow illicit opioids to enter 10 the United States. 11 (b) DEPARTMENT OF DEFENSE SUPPORT FOR COM- 12 BATING OPIOID TRAFFICKING AND ABUSE.—Of the funds 13 authorized to be appropriated by this Act or otherwise 14 made available to the Department of Defense for National 15 Guard counterdrug programs for fiscal year 2019, 16 $20,000,000 shall be made available to provide support 17 for United States interagency efforts to combat opioid 18 trafficking and abuse in the United States, as specified 19 in the funding table in division G. 20 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00648 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 649 HR 5515 PCS Subtitle C—Naval Vessels and 1 Shipyards 2 SEC. 1021. INCLUSION OF OPERATION AND SUSTAINMENT 3 COSTS IN ANNUAL NAVAL VESSEL CON- 4 STRUCTION PLANS. 5 Section 231(b)(2) of title 10, United States Code, is 6 amended by adding at the end the following new subpara- 7 graph: 8 ‘‘(F) The estimated operations and sustainment 9 costs required to support the vessels delivered under 10 the naval vessel construction plan.’’. 11 SEC. 1022. PURCHASE OF VESSELS USING FUNDS IN NA- 12 TIONAL DEFENSE SEALIFT FUND. 13 (a) IN GENERAL.—Section 2218(f)(3) of title 10, 14 United States Code, is amended— 15 (1) in subparagraph (C)— 16 (A) by striking ‘‘two’’ and inserting ‘‘ten’’; 17 and 18 (B) by striking ‘‘ships’’ and inserting ‘‘ves- 19 sels’’; 20 (2) by redesignating subparagraph (E) as sub- 21 paragraph (F); and 22 (3) by inserting after subparagraph (D) the fol- 23 lowing new subparagraph (E): 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00649 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 650 HR 5515 PCS ‘‘(E) The Secretary may not use the authority under 1 this paragraph to procure more than two foreign con- 2 structed vessels unless the Secretary submits to Congress, 3 by not later than the second week of February of the fiscal 4 year during which the Secretary plans to use such author- 5 ity, a certification that— 6 ‘‘(i) the Secretary has initiated an acquisition 7 strategy for the construction in United States ship- 8 yards of not less than ten new sealift vessels pur- 9 chased with funds in the National Defense Sealift 10 Fund; and 11 ‘‘(ii) of such new sealift vessels, the lead ship 12 is anticipated to be delivered by not later than 13 2026.’’. 14 (b) LIMITATION ON USE OF FUNDS.—Of the 15 amounts authorized to be appropriated or otherwise made 16 available by this Act for fiscal year 2019 for the Military 17 Sealift Command, the Secretary of the Navy may not obli- 18 gate or expend more than 75 percent until the Secretary 19 submits to the congressional defense committees certifi- 20 cation that the Navy has— 21 (1) entered into a contract for the procurement 22 of two used National Defense Reserve Fleet vessels 23 in accordance with section 2218(f)(3)(C) of title 10, 24 United States Code; and 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00650 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 651 HR 5515 PCS (2) completed the capability development docu- 1 ment for the common hull multi-mission platform. 2 SEC. 1023. PURCHASE OF VESSELS BUILT IN FOREIGN SHIP- 3 YARDS WITH FUNDS IN NATIONAL DEFENSE 4 SEALIFT FUND. 5 Section 2218(f)(3) of title 10, United States Code, 6 as amended by section 1022, is further amended— 7 (1) in subparagraph (F), as redesignated by 8 such section 1022— 9 (A) by striking ‘‘30 days after’’ and insert- 10 ing ‘‘30 days before’’; 11 (B) in clause (i), by inserting ‘‘proposed’’ 12 before ‘‘date’’; 13 (C) in clause (ii), by striking ‘‘was’’ and 14 inserting ‘‘would be’’; and 15 (D) by adding at the end the following new 16 clause: 17 ‘‘(viii) A detailed account of the criteria used to 18 make the determination under subparagraph (B).’’; 19 and 20 (2) by inserting after subparagraph (F), as so 21 redesignated, the following new subparagraph: 22 ‘‘(G) The Secretary may not finalize or execute the 23 final purchase of any vessel using the authority under this 24 paragraph until 30 days after the date on which a report 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00651 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 652 HR 5515 PCS under subparagraph (E) is submitted with respect to such 1 purchase.’’. 2 SEC. 1024. TECHNICAL CORRECTIONS AND CLARIFICA- 3 TIONS TO CHAPTER 633 OF TITLE 10, UNITED 4 STATES CODE, AND OTHER PROVISIONS OF 5 LAW REGARDING NAVAL VESSELS. 6 (a) MODEL BASIN; INVESTIGATION OF HULL DE- 7 SIGNS.—Section 7303 of title 10, United States Code, is 8 amended by striking ‘‘(a) An office’’ and all that follows 9 through ‘‘(b) The Secretary’’ and inserting ‘‘The Sec- 10 retary’’. 11 (b) REPEAL OF CERTAIN PROVISIONS OF CHAPTER 12 633 OF TITLE 10, UNITED STATES CODE.— 13 (1) IN GENERAL.—The following sections of 14 chapter 633 of title 10, United States Code, are re- 15 pealed: 16 (A) Section 7294. 17 (B) Section 7295. 18 (C) Section 7300. 19 (D) Section 7306. 20 (E) Section 7306b. 21 (2) CLERICAL AMENDMENTS.—The table of sec- 22 tions at the beginning of such chapter is amended 23 by striking the items relating to sections 7294. 24 7295. 7300, 7306, and 7306b. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00652 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 653 HR 5515 PCS (c) OTHER PROVISIONS OF LAW.— 1 (1) REPEAL OF METERING OF NAVY PIERS TO 2 ACCURATELY MEASURE ENERGY CONSUMPTION.— 3 Section 2828 of the National Defense Authorization 4 Act for Fiscal Year 2012 (Public Law 112–81; 125 5 Stat. 1694; 10 U.S.C. 7291 note) is repealed. 6 (2) MODIFICATION OF ADVANCE PROCUREMENT 7 FUNDING.—Section 124 of the National Defense Au- 8 thorization Act for Fiscal Year 2010 (Public Law 9 111–84; 123 Stat. 2214; 10 U.S.C. 7291 note) is 10 amended— 11 (A) by striking subsection (a); and 12 (B) by redesignating subsections (b) and 13 (c) as subsections (a) and (b), respectively. 14 (3) REPEAL OF POLICY RELATING TO MAJOR 15 COMBATANT VESSELS OF THE STRIKE FORCES OF 16 THE UNITED STATES NAVY.—Section 1012 of the 17 National Defense Authorization Act for Fiscal Year 18 2008 (Public Law 110–181; 122 Stat. 303; 10 19 U.S.C. 7291 note) is repealed. 20 (4) REPEAL OF ALTERNATIVE TECHNOLOGIES 21 FOR FUTURE SURFACE COMBATANTS.—Section 128 22 of the John Warner National Defense Authorization 23 Act for Fiscal Year 2007 (Public Law 109–364; 120 24 Stat. 2109; 10 U.S.C. 7291 note) is repealed. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00653 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 654 HR 5515 PCS (5) REPEAL OF OBSOLETE PROVISION ON VES- 1 SEL SCRAPPING PILOT PROGRAM.—Section 8124 of 2 the Department of Defense Appropriations Act, 3 1999 (Public Law 105–262; 112 Stat. 2333; 10 4 U.S.C. 7291 note) is repealed. 5 (6) REPEAL OF PROVISION ON CONSIDERATION 6 OF VESSEL LOCATION FOR AWARD OF LAYBERTH 7 CONTRACTS FOR SEALIFT VESSELS.—Section 375 of 8 the National Defense Authorization Act for Fiscal 9 Year 1993 (Public Law 102–484; 106 Stat. 2385; 10 10 U.S.C. 7291 note) is repealed. 11 (7) REPEAL OF PROVISION ON REVITALIZATION 12 OF UNITED STATES SHIPBUILDING INDUSTRY.—Sec- 13 tion 1031 of the National Defense Authorization Act 14 for Fiscal Year 1993 (Public Law 102–484; 106 15 Stat. 2489; 10 U.S.C. 7291 note) is repealed. 16 (8) REPEAL OF FAST SEALIFT PROGRAM.— 17 (A) PROCUREMENT OF SHIPS.—Section 18 1021 of the National Defense Authorization Act 19 for Fiscal Year 1993 (Public Law 102–484; 20 106 Stat. 2485; 10 U.S.C. 7291 note) is re- 21 pealed. 22 (B) ESTABLISHMENT OF PROGRAM.—Sec- 23 tion 1424 of the National Defense Authoriza- 24 tion Act for Fiscal Year 1991 (Public Law 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00654 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 655 HR 5515 PCS 101–510; 104 Stat. 1683; 10 U.S.C. 7291 1 note) is repealed. 2 (9) REPEAL OF REQUIREMENTS RELATING TO 3 DEPOT-LEVEL MAINTENANCE OF SHIPS.—Section 4 1614 of the National Defense Authorization Act for 5 Fiscal Years 1990 and 1991 (Public Law 101–189; 6 103 Stat. 1601; 10 U.S.C. 7291 note) is amended 7 by striking subsections (a) and (b). 8 (10) REPEAL OF OBSOLETE REQUIREMENT FOR 9 REPORTS ON EFFECTS OF NAVAL SHIPBUILDING 10 PLANS ON MARITIME INDUSTRIES.—Section 1227 of 11 the National Defense Authorization Act for Fiscal 12 Year 1989 (Public Law 100–456; 102 Stat. 2055; 13 10 U.S.C. 7291 note) is repealed. 14 (11) REPEAL OF SIX-HUNDRED-SHIP GOAL FOR 15 NAVY; SENSE OF CONGRESS.—Section 791 of the 16 Department of Defense Appropriations Act, 1982 17 (Public Law 97–114; 95 Stat. 1593; 10 U.S.C. 7291 18 note) is repealed. 19 (12) REPEAL OF PROHIBITION ON USE OF PUB- 20 LIC AND PRIVATE SHIPYARDS FOR CONVERSION, 21 OVERHAUL, OR REPAIR WORK UNDER CERTAIN PRO- 22 GRAMS.—Section 811 of the Department of Defense 23 Appropriations Act, 1979 (Public Law 95–485; 92 24 Stat. 1624; 10 U.S.C. 7291 note) is repealed. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00655 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 656 HR 5515 PCS (13) REPEAL OF OBSOLETE REQUIREMENT TO 1 SUBMIT A FIVE-YEAR NAVAL SHIP NEW CONSTRUC- 2 TION AND CONVERSION PROGRAM.—Section 808 of 3 the Department of Defense Authorization Act, 1976 4 (Public Law 94–106; 89 Stat. 539; 10 U.S.C. 7291 5 note) is repealed. 6 SEC. 1025. RETENTION OF NAVY HOSPITAL SHIP CAPA- 7 BILITY. 8 (a) RETENTION OF SHIPS.—The Secretary of the 9 Navy shall retain two T-AH 19 Mercy-class hospital ships 10 at a readiness level that provides for the activation and 11 deployment of each such ship within a period that does 12 not exceed 5 days. 13 (b) WAIVER AUTHORITY.—The Secretary of the 14 Navy may waive the requirement under subsection (a) if 15 the Secretary submits to the congressional defense com- 16 mittees certification in writing that the Secretary has— 17 (1) for any T-AH 19 Mercy-class hospital ship 18 to be retired or transferred, identified a replacement 19 capability to meet the combatant commander afloat 20 medical capability for medical and surgical care that 21 is being met by the ship to be retired or transferred; 22 and 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00656 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 657 HR 5515 PCS (2) achieved the initial operational capability of 1 the replacement capability described in paragraph 2 (1). 3 Subtitle D—Counterterrorism 4 SEC. 1031. DEFINITION OF SENSITIVE MILITARY OPER- 5 ATION. 6 Subsection (d) of section 130f of title 10, United 7 States Code, is amended to read as follows: 8 ‘‘(d) SENSITIVE MILITARY OPERATION DEFINED.— 9 (1) Except as provided in paragraph (2), in this section, 10 the term ‘sensitive military operation’ means a lethal oper- 11 ation or capture operation conducted by the armed forces 12 or conducted by a foreign partner in coordination with the 13 armed forces that targets a specific individual or individ- 14 uals. 15 ‘‘(2) For purposes of this section, the term ‘sensitive 16 military operation’ does not include any operation con- 17 ducted within Afghanistan.’’. 18 SEC. 1032. PROHIBITION ON USE OF FUNDS FOR TRANSFER 19 OR RELEASE OF INDIVIDUALS DETAINED AT 20 UNITED STATES NAVAL STATION, GUANTA- 21 NAMO BAY, CUBA, TO THE UNITED STATES. 22 No amounts authorized to be appropriated or other- 23 wise made available for the Department of Defense may 24 be used during the period beginning on the date of the 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00657 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 658 HR 5515 PCS enactment of this Act and ending on December 31, 2019, 1 to transfer, release, or assist in the transfer of or release 2 to or within the United States, its territories, or posses- 3 sions Khalid Sheikh Mohammed or any other detainee 4 who— 5 (1) is not a United States citizen or a member 6 of the Armed Forces of the United States; and 7 (2) is or was held on or after January 20, 8 2009, at United States Naval Station, Guantanamo 9 Bay, Cuba, by the Department of Defense. 10 SEC. 1033. PROHIBITION ON USE OF FUNDS TO CONSTRUCT 11 OR MODIFY FACILITIES IN THE UNITED 12 STATES TO HOUSE DETAINEES TRANS- 13 FERRED FROM UNITED STATES NAVAL STA- 14 TION, GUANTANAMO BAY, CUBA. 15 (a) IN GENERAL.—No amounts authorized to be ap- 16 propriated or otherwise made available for the Depart- 17 ment of Defense may be used during the period beginning 18 on the date of the enactment of this Act and ending on 19 December 31, 2019, to construct or modify any facility 20 in the United States, its territories, or possessions to 21 house any individual detained at Guantanamo for the pur- 22 poses of detention or imprisonment in the custody or 23 under the control of the Department of Defense. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00658 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 659 HR 5515 PCS (b) EXCEPTION.—The prohibition in subsection (a) 1 shall not apply to any modification of facilities at United 2 States Naval Station, Guantanamo Bay, Cuba. 3 (c) INDIVIDUAL DETAINED AT GUANTANAMO DE- 4 FINED.—In this section, the term ‘‘individual detained at 5 Guantanamo’’ has the meaning given that term in section 6 1034(f)(2) of the National Defense Authorization Act for 7 Fiscal Year 2016 (Public Law 114–92; 129 Stat. 971; 10 8 U.S.C. 801 note). 9 SEC. 1034. PROHIBITION ON USE OF FUNDS FOR TRANSFER 10 OR RELEASE OF INDIVIDUALS DETAINED AT 11 UNITED STATES NAVAL STATION, GUANTA- 12 NAMO BAY, CUBA, TO CERTAIN COUNTRIES. 13 No amounts authorized to be appropriated or other- 14 wise made available for the Department of Defense may 15 be used during the period beginning on the date of the 16 enactment of this Act and ending on December 31, 2019, 17 to transfer, release, or assist in the transfer or release of 18 any individual detained in the custody or under the control 19 of the Department of Defense at United States Naval Sta- 20 tion, Guantanamo Bay, Cuba, to the custody or control 21 of any country, or any entity within such country, as fol- 22 lows: 23 (1) Libya. 24 (2) Somalia. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00659 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 660 HR 5515 PCS (3) Syria. 1 (4) Yemen. 2 Subtitle E—Miscellaneous 3 Authorities and Limitations 4 SEC. 1041. NOTIFICATION ON THE PROVISION OF DEFENSE 5 SENSITIVE SUPPORT. 6 Section 1055 of the National Defense Authorization 7 Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 8 113 note) is amended— 9 (1) in subsection (a)— 10 (A) in paragraph (1), by striking ‘‘; and’’ 11 and inserting a semicolon; 12 (B) in paragraph (2)(B), by striking the 13 period at the end and inserting a semicolon; 14 and 15 (C) by adding at the end the following new 16 paragraphs: 17 ‘‘(3) is requested by the non-Department of De- 18 fense Federal department or agency only after the 19 department or agency has first reasonably attempted 20 to use the resources of that department or agency to 21 accomplish the mission for which the department or 22 agency is making such request; and 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00660 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 661 HR 5515 PCS ‘‘(4) is most appropriately provided by the De- 1 partment of Defense rather than another depart- 2 ment or agency of the Federal Government.’’; and 3 (2) in subsection (b), by adding at the end the 4 following new paragraph: 5 ‘‘(4) REVERSE DEFENSE SENSITIVE SUPPORT 6 REQUEST.—The Secretary shall notify the congres- 7 sional defense committees (and the congressional in- 8 telligence committees with respect to matters relat- 9 ing to members of the intelligence community) of re- 10 quests made by the Secretary to a non-Department 11 of Defense Federal department or agency for sup- 12 port that requires special protection from disclosure 13 in the same manner and containing the same infor- 14 mation as the Secretary notifies such committees of 15 defense sensitive support requests under paragraphs 16 (1) and (3).’’. 17 SEC. 1042. COORDINATING UNITED STATES RESPONSE TO 18 MALIGN FOREIGN INFLUENCE OPERATIONS 19 AND CAMPAIGNS. 20 (a) IN GENERAL.—Section 101 of the National Secu- 21 rity Act of 1947 (50 U.S.C. 3021) is amended— 22 (1) in subsection (b)— 23 (A) in paragraph (2), by striking ‘‘and’’ at 24 the end; 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00661 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 662 HR 5515 PCS (B) in paragraph (3), by striking the pe- 1 riod and inserting ‘‘; and’’; and 2 (C) by adding at the end the following new 3 paragraph: 4 ‘‘(4) coordinate, without assuming operational 5 authority, the United States Government response to 6 malign foreign influence operations and cam- 7 paigns.’’; and 8 (2) by adding at the end the following new sub- 9 sections: 10 ‘‘(g) COORDINATOR FOR COMBATING MALIGN FOR- 11 EIGN INFLUENCE OPERATIONS AND CAMPAIGNS.— 12 ‘‘(1) IN GENERAL.—The President shall des- 13 ignate an employee of the National Security Council 14 to be responsible for the coordination of the inter- 15 agency process for combating malign foreign influ- 16 ence operations and campaigns. 17 ‘‘(2) CONGRESSIONAL BRIEFING.— 18 ‘‘(A) IN GENERAL.—Not less frequently 19 than twice each year, the employee designated 20 under this subsection shall provide to the con- 21 gressional committees specified in subparagraph 22 (B) a briefing on the responsibilities and activi- 23 ties of the individual under this subsection. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00662 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 663 HR 5515 PCS ‘‘(B) COMMITTEES SPECIFIED.—The con- 1 gressional committees specified in this subpara- 2 graph are the following: 3 ‘‘(i) The Committees on Armed Serv- 4 ices, Foreign Affairs, and Oversight and 5 Government Reform, and the Permanent 6 Select Committee on Intelligence of the 7 House of Representatives. 8 ‘‘(ii) The Committees on Armed Serv- 9 ices, Foreign Relations, and Homeland Se- 10 curity and Governmental Affairs, and the 11 Select Committee on Intelligence of the 12 Senate. 13 ‘‘(h) DEFINITION OF MALIGN FOREIGN INFLUENCE 14 OPERATIONS AND CAMPAIGNS.—In this section, the term 15 ‘malign foreign influence operations and campaigns’ 16 means the coordinated, integrated, and synchronized ap- 17 plication of national diplomatic, informational, military, 18 economic, business, corruption, educational, and other ca- 19 pabilities by hostile foreign powers to foster attitudes, be- 20 haviors, decisions, or outcomes within the United States.’’. 21 (b) STRATEGY.— 22 (1) IN GENERAL.—Not later than 9 months 23 after the date of the enactment of this Act, the 24 President, acting through the National Security 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00663 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 664 HR 5515 PCS Council, shall submit to the congressional commit- 1 tees specified in paragraph (2) a strategy to counter 2 malign foreign influence operations and campaigns 3 (as such term is defined in section 101(h) of the Na- 4 tional Security Act of 1947 (50 U.S.C. 3021), as 5 added by subsection (a)). 6 (2) COMMITTEES SPECIFIED.—The congres- 7 sional committees specified in this paragraph are the 8 following: 9 (A) The Committees on Armed Services, 10 Foreign Affairs, and Oversight and Government 11 Reform, and the Permanent Select Committee 12 on Intelligence of the House of Representatives. 13 (B) The Committees on Armed Services, 14 Foreign Relations, and Homeland Security and 15 Governmental Affairs, and the Select Com- 16 mittee on Intelligence of the Senate. 17 SEC. 1043. WORKFORCE ISSUES FOR MILITARY REALIGN- 18 MENTS IN THE PACIFIC. 19 Section 6(b)(1) of the Joint Resolution entitled ‘‘A 20 Joint Resolution to approve the ‘Covenant To Establish 21 a Commonwealth of the Northern Mariana Islands in Po- 22 litical Union With the United States of America’, and for 23 other purposes’’, approved March 24, 1976 (48 U.S.C. 24 1806(b)(1)) is amended— 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00664 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 665 HR 5515 PCS (1) in subparagraph (A), by striking ‘‘during 1 the transition program’’ and inserting ‘‘during the 2 period beginning on the transition program effective 3 date and ending on the later of September 30, 2020, 4 or the last day of the transition period’’; 5 (2) by amending subparagraph (B) to read as 6 follows: 7 ‘‘(B) H-2B WORKERS.—In the case of an 8 alien described in subparagraph (A) who seeks 9 admission under section 101(a)(15)(H)(ii)(b) of 10 the Immigration and Nationality Act (8 U.S.C. 11 1101(a)(15)(H)(ii)(b)), the alien, if otherwise 12 qualified, may, before the later of December 31, 13 2023, or the last day of the transition period, 14 be admitted under such section, notwith- 15 standing the requirement of such section that 16 the service or labor be temporary, for a period 17 of up to 3 years— 18 ‘‘(i) to perform service or labor on 19 Guam or in the Commonwealth pursuant 20 to any agreement entered into by a prime 21 contractor or subcontractor calling for 22 services or labor required for performance 23 of a contact or subcontract for construc- 24 tion, repairs, renovations, or facility serv- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00665 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 666 HR 5515 PCS ices that is directly connected to, or associ- 1 ated with, the military realignment occur- 2 ring on Guam and in the Commonwealth; 3 or 4 ‘‘(ii) to perform service or labor as a 5 health care worker (such as a nurse, physi- 6 cian assistant, or allied health professional) 7 on Guam or in the Commonwealth, subject 8 to the education, training, licensing, and 9 other requirements of section 212(a)(5)(C) 10 of the Immigration and Nationality Act (8 11 U.S.C. 1182(a)(5)(C)), as applicable, ex- 12 cept that this clause shall not be construed 13 to include graduates of medical schools 14 coming to Guam or the Commonwealth to 15 perform service or labor as members of the 16 medical profession.’’; and 17 (3) by adding at the end the following: 18 ‘‘(C) RETURNING WORKERS.—After the 19 end of the period described in subparagraph 20 (A), any alien who was admitted to Guam or 21 the Commonwealth pursuant to subparagraph 22 (A) or (B) may again seek admission to Guam 23 or the Commonwealth under section 24 101(a)(15)(H)(ii)(b) of the Immigration and 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00666 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 667 HR 5515 PCS Nationality Act (8 U.S.C. 1 1101(a)(15)(H)(ii)(b)) without being counted 2 toward the numerical limitation of section 3 214(g)(1)(B) of such Act (8 U.S.C. 4 1184(g))(1)(B)). Such an alien shall be consid- 5 ered to be a returning worker subject to sub- 6 paragraphs (B) and (C) of section 214(g)(9) of 7 such Act (8 U.S.C. 1184(g)(9)). An alien may 8 be considered to be a returning worker under 9 this subparagraph only once.’’. 10 SEC. 1044. MITIGATION OF OPERATIONAL RISKS POSED TO 11 CERTAIN MILITARY AIRCRAFT BY AUTO- 12 MATIC DEPENDENT SURVEILLANCE-BROAD- 13 CAST EQUIPMENT. 14 (a) IN GENERAL.—The Secretary of Transportation 15 may not— 16 (1) directly or indirectly require the installation 17 of automatic dependent surveillance-broadcast (here- 18 inafter in this section referred to as ‘‘ADS-B’’) 19 equipment on fighter aircraft, bomber aircraft, or 20 other special mission aircraft owned or operated by 21 the Department of Defense; 22 (2) deny or reduce air traffic control services in 23 United States airspace or international airspace del- 24 egated to the United States to any aircraft described 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00667 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 668 HR 5515 PCS in paragraph (1) on the basis that such aircraft is 1 not equipped with ADS-B equipment; or 2 (3) restrict or limit airspace access for aircraft 3 described in paragraph (1) on the basis such aircraft 4 are not equipped with ADS-B equipment. 5 (b) TERMINATION.—Subsection (a) shall cease to be 6 effective on the date that the Secretary of Transportation 7 and the Secretary of Defense jointly submit to the appro- 8 priate congressional committees notice that the Secre- 9 taries have entered into a memorandum of agreement or 10 other similar agreement providing that fighter aircraft, 11 bomber aircraft, and other special mission aircraft owned 12 or operated by the Department of Defense that are not 13 equipped or not yet equipped with ADS-B equipment will 14 be reasonably accommodated for safe operations in the 15 National Airspace System and provided with necessary air 16 traffic control services. 17 (c) RULE OF CONSTRUCTION.—Nothing in this sec- 18 tion may be construed to— 19 (1) vest in the Secretary of Defense any author- 20 ity of the Secretary of Transportation or the Admin- 21 istrator of the Federal Aviation Administration 22 under title 49, United States Code, or any other 23 provision of law; 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00668 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 669 HR 5515 PCS (2) vest in the Secretary of Transportation or 1 the Administrator of the Federal Aviation Adminis- 2 tration any authority of the Secretary of Defense 3 under title 10, United States Code, or any other 4 provision of law; or 5 (3) limit the authority or discretion of the Sec- 6 retary of Transportation or the Administrator of the 7 Federal Aviation Administration to operate air traf- 8 fic control services to ensure the safe minimum sepa- 9 ration of aircraft in flight and the efficient use of 10 airspace. 11 (d) NOTIFICATION REQUIREMENT.—The Secretary 12 of Defense shall provide to the Secretary of Transpor- 13 tation notification of any aircraft the Secretary of Defense 14 designates as a special mission aircraft pursuant to sub- 15 section (e)(3). 16 (e) DEFINITIONS.—In this section: 17 (1) The term ‘‘appropriate congressional com- 18 mittees’’ means the congressional defense commit- 19 tees, the Committee on Transportation and Infra- 20 structure of the House of Representatives, and the 21 Committee on Commerce, Science, and Transpor- 22 tation of the Senate. 23 (2) The term ‘‘air traffic control services’’ 24 means services used for the monitoring, directing, 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00669 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 670 HR 5515 PCS control, and guidance of aircraft or flows of aircraft 1 and for the safe conduct of flight, including commu- 2 nications, navigation, and surveillance services and 3 provision of aeronautical information. 4 (3) The term ‘‘special mission aircraft’’ means 5 an aircraft the Secretary of Defense designates for 6 a unique mission to which ADS-B equipment creates 7 a unique risk. 8 SEC. 1045. LIMITATION ON AVAILABILITY OF FUNDS FOR 9 UNMANNED SURFACE VEHICLES. 10 (a) LIMITATION.—None of the funds authorized to 11 be appropriated by this Act or otherwise made available 12 for fiscal year 2019 for the Department of Defense for 13 the strategic capabilities office ghost fleet overlord un- 14 manned surface vehicle program may be obligated or ex- 15 pended until the Undersecretary of Defense for Research 16 and Engineering, in coordination with the Secretary of the 17 Navy, certifies to the congressional defense committees 18 that— 19 (1) such project accelerates development of the 20 future unmanned surface vehicle program of the 21 Navy; 22 (2) the Commander of the Naval Sea Systems 23 Command has been designated as the contracting of- 24 ficer for such project; and 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00670 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 671 HR 5515 PCS (3) the desired procurement strategy for the 1 ghost fleet overlord project is properly coordinated 2 and not duplicative of the unmanned surface vehicle 3 sea hunter program of the Navy. 4 (b) RULE OF CONSTRUCTION.—The limitation in 5 subsection (a) shall not be construed to apply to any other 6 unmanned surface vehicle program of the Department of 7 Defense other than the program element specified in such 8 subsection. 9 SEC. 1046. PROGRAM FOR DEPARTMENT OF DEFENSE CON- 10 TROLLED UNCLASSIFIED INFORMATION IN 11 THE HANDS OF INDUSTRY. 12 (a) IN GENERAL.—The Secretary of Defense shall es- 13 tablish and implement a foreign ownership, control, or in- 14 fluence program for Department of Defense controlled un- 15 classified information in the hands of industry. The Sec- 16 retary may designate an entity or individual within the 17 Department to take responsibility for such controlled un- 18 classified information and the oversight of the program. 19 (b) PROGRAM REQUIREMENTS.—Under the program 20 required by subsection (a), the Secretary shall require that 21 prior to any company receiving controlled unclassified in- 22 formation or classified information, or becoming a cleared 23 defense contractor— 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00671 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 672 HR 5515 PCS (1) the company shall report to the Secretary 1 any foreign— 2 (A) direction or controlling interest of the 3 company; or 4 (B) access to intellectual property relating 5 to classified information or controlled unclassi- 6 fied information; and 7 (2) the Secretary shall determine if, on the 8 basis of information reported under paragraph (1), 9 the company should receive such information, includ- 10 ing if risk to the national security can be mitigated 11 and how such mitigation would be enforced. 12 SEC. 1047. PROTECTION OF EMERGING AND 13 FOUNDATIONAL TECHNOLOGIES. 14 (a) LIST.—The Secretary of Defense shall establish 15 and maintain a list of emerging and foundational tech- 16 nologies that are necessary for maintaining the national 17 security technological advantage of the United States over 18 foreign countries of special concern, as determined by the 19 Secretary. 20 (b) TECHNOLOGY PROTECTION.—The Secretary 21 should use the list under subsection (a) to inform activities 22 carried out by the Secretary relating to technology protec- 23 tion, including under interagency processes conducted pur- 24 suant to Federal law. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00672 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 673 HR 5515 PCS SEC. 1048. AIRBORNE HAZARDS AND OPEN BURN PIT REG- 1 ISTRY. 2 (a) EDUCATION CAMPAIGN.—Beginning not later 3 than one year after the date of the enactment of this Act, 4 the Secretary of Defense shall carry out an annual edu- 5 cation campaign to inform individuals who may be eligible 6 to enroll in the Airborne Hazards and Open Burn Pit Reg- 7 istry of such eligibility. Each such campaign shall include 8 at least one electronic method and one physical mailing 9 method to provide such information. 10 (b) AIRBORNE HAZARDS AND OPEN BURN PIT REG- 11 ISTRY DEFINED.—In this section, the term ‘‘Airborne 12 Hazards and Open Burn Pit Registry’’ means the registry 13 established by the Secretary of Veterans Affairs under sec- 14 tion 201 of the Dignified Burial and Other Veterans’ Ben- 15 efits Improvement Act of 2012 (Public Law 112–260; 38 16 U.S.C. 527 note). 17 SEC. 1049. EVALUATION OF PILOT SAFETY BY MILITARY 18 AVIATION AND INSTALLATION ASSURANCE 19 SITING CLEARINGHOUSE. 20 (a) IN GENERAL.—Section 183a of title 10, United 21 States Code, is amended— 22 (1) by striking ‘‘unacceptable risk to the na- 23 tional security of the United States’’ each place it 24 appears and inserting ‘‘unacceptable risk to military 25 operations and readiness’’; and 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00673 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 674 HR 5515 PCS (2) in subsection (h)— 1 (A) in paragraph (1), by inserting ‘‘pilot 2 safety,’’ after ‘‘flight operations,’’; and 3 (B) by amending paragraph (7) to read as 4 follows: 5 ‘‘(7) The term ‘unacceptable risk to military op- 6 erations and readiness’ means the construction, al- 7 teration, establishment, or expansion, or the pro- 8 posed construction, alteration, establishment, or ex- 9 pansion, of a structure or sanitary landfill, that the 10 Secretary of Defense can demonstrate would— 11 ‘‘(A) endanger safety in air commerce di- 12 rectly related to the activities of the Depart- 13 ment of Defense; 14 ‘‘(B) interfere with the efficient use of the 15 navigable airspace directly related to the activi- 16 ties of the Department of Defense; or 17 ‘‘(C) significantly impair or degrade the 18 capability of the Department of Defense to— 19 ‘‘(i) ensure pilot safety; 20 ‘‘(ii) conduct training, research, devel- 21 opment, testing, and evaluation, and oper- 22 ations; or 23 ‘‘(iii) maintain military readiness.’’. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00674 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 675 HR 5515 PCS (b) CONFORMING AMENDMENT.—Section 44718 of 1 title 49, United States Code, is amended by striking ‘‘un- 2 acceptable risk to the national security of the United 3 States’’ each place it appears and inserting ‘‘unacceptable 4 risk to military operations and readiness’’. 5 SEC. 1050. SALE OF SURPLUS DEPARTMENT OF DEFENSE 6 EQUIPMENT TO ELIGIBLE FARMERS. 7 Section 2576a of title 10, United States Code, is 8 amended by adding at the end the following new sub- 9 section: 10 ‘‘(g) SALE OF EQUIPMENT TO FARMERS.—(1) Dur- 11 ing the three-year period beginning on the date of the en- 12 actment of the National Defense Authorization Act for 13 Fiscal Year 2019, the Secretary of Defense, in consulta- 14 tion with the Secretary of Agriculture, may transfer to eli- 15 gible farmers equipment of the Department of Defense 16 that is— 17 ‘‘(A) appropriate for use by farmers; and 18 ‘‘(B) excess to the needs of the Department of 19 Defense. 20 ‘‘(2) A farmer is eligible to purchase equipment under 21 this subsection if the farmer is— 22 ‘‘(A) a veteran and a new and beginning farm- 23 er, as determined by the Secretary; and 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00675 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 676 HR 5515 PCS ‘‘(B) submits to the Secretary an application 1 containing such information and assurances as the 2 Secretary may require. 3 ‘‘(3) Equipment made available for transfer to farm- 4 ers under this subsection shall be made available to such 5 farmers before such equipment is made available for public 6 sale. 7 ‘‘(4) Not later than 60 days after the termination of 8 the authority under this subsection, the Secretary shall 9 submit to Congress a report on this subsection that in- 10 cludes the recommendations of the Secretary regarding 11 the extension or expansion of the program.’’. 12 SEC. 1050A. NATIONAL SECURITY COMMISSION ON ARTIFI- 13 CIAL INTELLIGENCE. 14 (a) ESTABLISHMENT.— 15 (1) IN GENERAL.—There is established in the 16 executive branch an independent Commission to re- 17 view advances in artificial intelligence, related ma- 18 chine learning developments, and associated tech- 19 nologies. 20 (2) TREATMENT.—The Commission shall be 21 considered an independent establishment of the Fed- 22 eral Government as defined by section 104 of title 23 5, United States Code, and a temporary organiza- 24 tion under section 3161 of such title. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00676 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 677 HR 5515 PCS (3) DESIGNATION.—The Commission estab- 1 lished under paragraph (1) shall be known as the 2 ‘‘National Security Commission on Artificial Intel- 3 ligence’’. 4 (4) MEMBERSHIP.— 5 (A) COMPOSITION.—The Commission shall 6 be composed of 15 members appointed as fol- 7 lows: 8 (i) The Secretary of Defense shall ap- 9 point 2 members. 10 (ii) The Secretary of Commerce shall 11 appoint 1 member. 12 (iii) The Chairman of the Committee 13 on Commerce, Science, and Transportation 14 of the Senate shall appoint 1 member. 15 (iv) The Ranking Member of the 16 Committee on Commerce, Science, and 17 Transportation of the Senate shall appoint 18 1 member. 19 (v) The Chairman of the Committee 20 on Energy and Commerce of the House of 21 Representatives shall appoint 1 member. 22 (vi) The Ranking Member of the 23 Committee on Energy and Commerce of 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00677 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 678 HR 5515 PCS the House of Representatives shall appoint 1 1 member. 2 (vii) The Chairman of the Committee 3 on Armed Services of the Senate shall ap- 4 point 1 member. 5 (viii) The Ranking Member of the 6 Committee on Armed Services of the Sen- 7 ate shall appoint 1 member. 8 (ix) The Chairman of the Committee 9 on Armed Services of the House of Rep- 10 resentatives shall appoint 1 member. 11 (x) The Ranking Member of the Com- 12 mittee on Armed Services of the House of 13 Representatives shall appoint 1 member. 14 (xi) The Chairman of the Select Com- 15 mittee on Intelligence of the Senate shall 16 appoint 1 member. 17 (xii) The Vice Chairman of the Select 18 Committee on Intelligence of the Senate 19 shall appoint 1 member. 20 (xiii) The Chairman of the Permanent 21 Select Committee on Intelligence of the 22 House of Representatives shall appoint 1 23 member. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00678 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 679 HR 5515 PCS (xiv) The Ranking Member of the 1 Permanent Select Committee Intelligence 2 of the House of Representatives shall ap- 3 point 1 member. 4 (B) DEADLINE FOR APPOINTMENT.—Mem- 5 bers shall be appointed to the Commission 6 under paragraph (1) not later than 90 days 7 after the Commission establishment date. 8 (C) EFFECT OF LACK OF APPOINTMENT 9 BY APPOINTMENT DATE.—If one or more ap- 10 pointments under paragraph (1) is not made by 11 the appointment date specified in paragraph 12 (2), the authority to make such appointment or 13 appointments shall expire, and the number of 14 members of the Commission shall be reduced by 15 the number equal to the number of appoint- 16 ments so not made. 17 (5) CHAIR AND VICE CHAIR.—The Commission 18 shall elect a Chair and Vice Chair from among its 19 members. 20 (6) TERMS.—Members shall be appointed for 21 the life of the Commission. A vacancy in the Com- 22 mission shall not affect its powers, and shall be filled 23 in the same manner as the original appointment was 24 made. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00679 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 680 HR 5515 PCS (7) STATUS AS FEDERAL EMPLOYEES.—Not- 1 withstanding the requirements of section 2105 of 2 title 5, United States Code, including the required 3 supervision under subsection (a)(3) of such section, 4 the members of the Commission shall be deemed to 5 be Federal employees. 6 (b) DUTIES.— 7 (1) IN GENERAL.—The Commission shall carry 8 out the review described in paragraph (2). In car- 9 rying out such review, the Commission shall consider 10 the methods and means necessary to advance the de- 11 velopment of artificial intelligence, machine learning, 12 and associated technologies by the United States to 13 comprehensively address the national security and 14 defense needs of the United States. 15 (2) SCOPE OF THE REVIEW.—In conducting the 16 review paragraph (1), the Commission shall consider 17 the following: 18 (A) The competitiveness of the United 19 States in artificial intelligence, machine learn- 20 ing, and other associated technologies, including 21 matters related to national security, defense, 22 public-private partnerships, and investments. 23 (B) Means and methods for the United 24 States to maintain a technological advantage in 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00680 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 681 HR 5515 PCS artificial intelligence, machine learning, and 1 other associated technologies related to national 2 security and defense. 3 (C) Developments and trends in inter- 4 national cooperation and competitiveness, in- 5 cluding foreign investments in artificial intel- 6 ligence, related machine learning, and computer 7 science fields that are materially related to na- 8 tional security and defense. 9 (D) Means by which to foster greater em- 10 phasis and investments in basic and advanced 11 research to stimulate private, public, academic 12 and combined initiatives in artificial intel- 13 ligence, machine learning, and other associated 14 technologies, to the extent that such efforts 15 have application materially related to national 16 security and defense. 17 (E) Workforce and education incentives to 18 attract and recruit leading talent in artificial 19 intelligence and machine learning disciplines, 20 including science, technology, engineering, and 21 math programs. 22 (F) Risks associated with United States 23 and foreign country advances in military em- 24 ployment of artificial intelligence and machine 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00681 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 682 HR 5515 PCS learning, including international law of armed 1 conflict, international humanitarian law, and es- 2 calation dynamics. 3 (G) Associated ethical considerations re- 4 lated to artificial intelligence and machine 5 learning as it will be used for future applica- 6 tions related to national security and defense. 7 (H) Means to establish data standards, 8 and incentivize the sharing of open training 9 data within related national security and de- 10 fense data-driven industries. 11 (I) Consideration of the evolution of artifi- 12 cial intelligence and appropriate mechanism for 13 managing such technology related to national 14 security and defense. 15 (J) Any other matters the Commission 16 deems relevant to the common defense of the 17 Nation. 18 (c) REPORTS.— 19 (1) INITIAL REPORT.—Not later than 180 days 20 after the date of the enactment of this Act, the 21 Commission shall submit to the President and Con- 22 gress an initial report on the findings of the Com- 23 mission and such recommendations that the Com- 24 mission may have for action by the executive branch 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00682 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 683 HR 5515 PCS and Congress related to artificial intelligence, ma- 1 chine learning, and associated technologies, includ- 2 ing recommendations to more effectively organize 3 the Federal Government. 4 (2) ANNUAL COMPREHENSIVE REPORTS.—Not 5 later than one year after the date of this enactment 6 of this Act, and every year thereafter annually, until 7 the date specified in subsection (e), the Commission 8 shall submit a comprehensive report on the review 9 required under subsection (b). 10 (3) FORM OF REPORTS.—Reports submitted 11 under this subsection shall be made publically avail- 12 able, but may include a classified annex. 13 (d) FUNDING.—Of the amounts authorized to be ap- 14 propriated by this Act for fiscal year 2019 for the Depart- 15 ment of Defense, not more than $10,000,000 shall be 16 made available to the Commission to carry out its duties 17 under this subtitle. Funds made available to the Commis- 18 sion under the preceding sentence shall remain available 19 until expended. 20 (e) TERMINATION.—The Commission shall terminate 21 on October 1, 2020. 22 (f) DEFINITION OF ARTIFICIAL INTELLIGENCE.—In 23 this section, the term ‘‘artificial intelligence’’ includes each 24 of the following: 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00683 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 684 HR 5515 PCS (1) Any artificial system that performs tasks 1 under varying and unpredictable circumstances with- 2 out significant human oversight, or that can learn 3 from experience and improve performance when ex- 4 posed to data sets. 5 (2) An artificial system developed in computer 6 software, physical hardware, or other context that 7 solves tasks requiring human-like perception, cog- 8 nition, planning, learning, communication, or phys- 9 ical action. 10 (3) An artificial system designed to think or act 11 like a human, including cognitive architectures and 12 neural networks. 13 (4) A set of techniques, including machine 14 learning that is designed to approximate a cognitive 15 task. 16 (5) An artificial system designed to act ration- 17 ally, including an intelligent software agent or em- 18 bodied robot that achieves goals using perception, 19 planning, reasoning, learning, communicating, deci- 20 sion-making, and acting. 21 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00684 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 685 HR 5515 PCS SEC. 1050B. EXPANSION OF DEFINITION OF COVERED FA- 1 CILITY OR ASSET FOR PURPOSES OF PRO- 2 TECTION FROM UNMANNED AIRCRAFT. 3 Section 130i(j)(3)(C) of title 10, United States Code, 4 is amended— 5 (1) in clause (viii), by striking ‘‘or’’ at the end; 6 (2) in clause (ix), by striking the period and in- 7 serting ‘‘; or’’; and 8 (3) by adding at the end the following new 9 clause: 10 ‘‘(x) mobility airlift.’’. 11 Subtitle F—Studies and Reports 12 SEC. 1051. ADDITIONAL MATTER FOR INCLUSION IN AN- 13 NUAL REPORT ON CIVILIAN CASUALTIES IN 14 CONNECTION WITH UNITED STATES MILI- 15 TARY OPERATIONS. 16 Section 1057(b)(2) of the National Defense Author- 17 ization Act for Fiscal Year 2018 (Public Law 115–91) is 18 amended by adding at the end the following new subpara- 19 graph: 20 ‘‘(F) A description of any ex gratia pay- 21 ments made in connection with such casual- 22 ties.’’. 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00685 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 686 HR 5515 PCS SEC. 1052. DEPARTMENT OF DEFENSE REVIEW AND AS- 1 SESSMENT ON ADVANCES, OPPORTUNITIES, 2 AND RISKS RELATED TO ARTIFICIAL INTEL- 3 LIGENCE AND MACHINE LEARNING. 4 (a) REVIEW REQUIRED.—The Secretary of Defense, 5 acting through the Defense Innovation Board and the 6 Under Secretary of Defense for Research and Engineer- 7 ing, shall carry out a review and assessment of the ad- 8 vances in artificial intelligence, related machine learning 9 developments, and associated technologies for military ap- 10 plications. In carrying out such review, the Secretary shall 11 consider the methods and means necessary to advance the 12 development of artificial intelligence, machine learning, 13 and associated technologies within the Department of De- 14 fense to comprehensively address the national security 15 needs and requirements of the Department of Defense. 16 (b) SCOPE OF REVIEW.—In conducting the review 17 under paragraph (a) the Secretary of Defense shall con- 18 sider— 19 (1) the competitiveness of the Department of 20 Defense in artificial intelligence, machine learning, 21 and other associated technologies, including matters 22 pertaining to public-private partnerships and invest- 23 ments; 24 (2) means and methods for the Department of 25 Defense to maintain a technological advantage in ar- 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00686 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 687 HR 5515 PCS tificial intelligence, machine learning, and other as- 1 sociated technologies, including quantum sciences, 2 distributed ledger technologies, and high perform- 3 ance computing; 4 (3) means by which the Department of Defense 5 can help foster greater emphasis and investments in 6 basic and advanced research to stimulate private, 7 public, academic, and combined initiatives in artifi- 8 cial intelligence, machine learning, and other associ- 9 ated technologies, including quantum sciences, dis- 10 tributed ledger technologies, and high performance 11 computing; 12 (4) Department of Defense workforce and edu- 13 cation initiatives to attract and recruit leading talent 14 in artificial intelligence and machine learning, in- 15 cluding science, technology, engineering, and math 16 programs; 17 (5) means by which the Department of Defense 18 may establish data standards and provide incentives 19 for the sharing of open training data; and 20 (6) any other matters the Secretary of Defense 21 determines relevant with respect to the approach of 22 the Department of Defense to artificial intelligence 23 and machine learning. 24 (c) REPORTS.— 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00687 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 688 HR 5515 PCS (1) INITIAL REPORT.—Not later than 180 days 1 after the date of the enactment of this Act, the Sec- 2 retary of Defense shall submit to the congressional 3 defense committees an initial report on the findings 4 of the review required under subsection (a) and such 5 recommendations as the Secretary may have for leg- 6 islative action related to artificial intelligence, ma- 7 chine learning, and associated technologies, includ- 8 ing recommendations to more effectively fund and 9 organize the Department of Defense. 10 (2) COMPREHENSIVE REPORT.—Not later than 11 one year after the date of the enactment of this Act, 12 the Secretary of Defense shall submit to the con- 13 gressional defense committees a comprehensive re- 14 port on the review required under subsection (a). 15 (d) DEFINITION OF ARTIFICIAL INTELLIGENCE.—In 16 this section, the term ‘‘artificial intelligence’’ includes each 17 of the following: 18 (1) Any artificial system that performs tasks 19 under varying and unpredictable circumstances with- 20 out significant human oversight, or that can learn 21 from experience and improve performance when ex- 22 posed to data sets. 23 (2) An artificial system developed in computer 24 software, physical hardware, or other context that 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00688 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 689 HR 5515 PCS solves tasks requiring human-like perception, cog- 1 nition, planning, learning, communication, or phys- 2 ical action. 3 (3) An artificial system designed to think or act 4 like a human, including cognitive architectures and 5 neural networks. 6 (4) A set of techniques, including machine 7 learning, that is designed to approximate a cognitive 8 task. 9 (5) An artificial system designed to act ration- 10 ally, including an intelligent software agent or em- 11 bodied robot that achieves goals using perception, 12 planning, reasoning, learning, communicating, deci- 13 sionmaking, and acting. 14 SEC. 1053. REPORT ON JOINT ENTERPRISE DEFENSE IN- 15 FRASTRUCTURE. 16 (a) REPORT REQUIRED.—The Secretary of Defense 17 shall submit to the congressional defense committees a re- 18 port on the Joint Enterprise Defense Infrastructure. Such 19 report shall include each of the following: 20 (1) Information relating to the current composi- 21 tion of the Cloud Executive Steering Group and its 22 mission, objectives, goals, and strategy. 23 (2) A description of the characteristics and con- 24 siderations for accelerating the cloud architecture 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00689 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 690 HR 5515 PCS and services required for a global, resilient, and se- 1 cure information environment to enable warfighting 2 and mission command, as validated by the Joint Re- 3 quirements Oversight Council for the Joint Enter- 4 prise Defense Infrastructure. 5 (3) Information relating to the approved acqui- 6 sition strategy and timeline for the Joint Enterprise 7 Defense Infrastructure, including estimated migra- 8 tion costs and timelines. 9 (4) A description of how the approved acquisi- 10 tion strategy referred to in paragraph (3) provides 11 for a full and open competition, enables the Depart- 12 ment of Defense to continuously leverage and ac- 13 quire new cloud computing capabilities, maintains 14 the ability of the Department to leverage other cloud 15 computing vendor products and services, incor- 16 porates elements to maintain security, and provides 17 for the best performance, cost, and schedule to meet 18 the cloud architecture and services requirements of 19 the Department for the duration of such contract. 20 (5) A description of the associated Joint Enter- 21 prise Defense Infrastructure program office, includ- 22 ing number of personnel, overhead cost, and organi- 23 zational structure. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00690 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 691 HR 5515 PCS (6) A description of the effect of the Joint En- 1 terprise Defense Infrastructure on and the relation- 2 ship of such Infrastructure to existing cloud com- 3 puting infrastructure, platform, and service con- 4 tracts across the Department of Defense, specifically 5 the effect and relationship to the private cloud infra- 6 structure of the Department, MilCloud 2.0 run by 7 the Defense Information Systems Agency. 8 (7) Information relating to the most recent De- 9 partment of Defense Cloud Computing Strategy and 10 description of any initiatives to update such Strat- 11 egy. 12 (8) Information relating to Department of De- 13 fense guidance pertaining to cloud computing capa- 14 bility or platform acquisition and standards, and a 15 description of any initiatives to update such guid- 16 ance. 17 (9) Any other matters the Secretary of Defense 18 determines relevant. 19 (b) LIMITATION ON USE OF FUNDS.—Of the 20 amounts authorized to be appropriated or otherwise made 21 available by this Act for fiscal year 2019 for acquisition 22 of services or associated program office support for the 23 Joint Enterprise Defense Infrastructure of the enterprise- 24 wide Cloud Executive Steering Group, not more than 50 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00691 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 692 HR 5515 PCS percent may be obligated or expended until the Secretary 1 of Defense submits to the congressional defense commit- 2 tees the report required by subsection (a). 3 SEC. 1054. REPORT ON PROPOSED CONSOLIDATION OF DE- 4 PARTMENT OF DEFENSE GLOBAL MESSAGING 5 AND COUNTER MESSAGING CAPABILITIES. 6 (a) REPORT REQUIRED.—The Secretary of Defense 7 shall submit to the congressional defense committees a re- 8 port on the proposed consolidation of the global messaging 9 and counter messaging (GMCM) capabilities of the De- 10 partment of Defense. Such report shall include each of the 11 following: 12 (1) The justification of the Secretary for the 13 proposed consolidation of such capabilities. 14 (2) The justification of the Secretary for the 15 proposed designation of the United States Special 16 Operations Command as the entity responsible for 17 establishing the centralized GMCM capability. 18 (3) A description of the proposed roles and re- 19 sponsibilities of the United States Special Oper- 20 ations Command as such entity. 21 (4) A description of the roles and responsibil- 22 ities of the combatant commanders regarding the 23 operational use of the GMCM capability. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00692 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 693 HR 5515 PCS (5) The effect of the proposed consolidation of 1 such capabilities on existing GMCM contracts and 2 capabilities. 3 (6) An implementation plan that includes a de- 4 tailed description of the resources and other require- 5 ments required for the United States Special Oper- 6 ations Command to establish the centralized GMCM 7 capability for the period covered by the current fu- 8 ture year’s defense program. 9 (7) A comprehensive plan for the continual as- 10 sessment of the effectiveness of the GMCM activities 11 and programs. 12 (8) An identification of the anticipated effi- 13 ciencies, cost savings, and operational benefits asso- 14 ciated with the consolidation of the GMCM capabili- 15 ties. 16 (9) A description of any actions, activities, and 17 efforts taken to implement section 1637 of the Na- 18 tional Defense Authorization Act for Fiscal Year 19 2018 (Public Law 115–91). 20 (b) LIMITATION ON USE OF FUNDS.—Not more than 21 50 percent of the amounts authorized to be appropriated 22 by this Act or otherwise made available for fiscal year 23 2019 for the Commander of the United States Special Op- 24 erations Command for global messaging and counter mes- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00693 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 694 HR 5515 PCS saging may be obligated or expended before the date that 1 is 30 days after the date on which the Secretary submits 2 the report required by subsection (a). 3 SEC. 1055. COMPREHENSIVE REVIEW OF PROFES- 4 SIONALISM AND ETHICS PROGRAMS FOR 5 SPECIAL OPERATIONS FORCES. 6 (a) REVIEW REQUIRED.—The Secretary of Defense, 7 in coordination with the Secretaries of each of the military 8 departments, shall conduct a comprehensive review of the 9 ethics and professionalism programs of the United States 10 Special Operations Command and of the military depart- 11 ments for officers and other military personnel serving in 12 special operations forces. 13 (b) ELEMENTS OF THE REVIEW.—The review con- 14 ducted under subsection (a) shall specifically include a de- 15 scription and assessment of each of the following: 16 (1) The culture of professionalism and ethics of 17 the United States Special Operations Command and 18 affiliated component commands. 19 (2) The ethics and professionalism programs of 20 the military departments available for special oper- 21 ations forces. 22 (3) The ethics and professionalism programs of 23 the United States Special Operations Command and 24 affiliated component commands. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00694 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 695 HR 5515 PCS (4) The roles and responsibilities of the military 1 departments and the United States Special Oper- 2 ations Command and affiliated component com- 3 mands in administering, overseeing, managing, and 4 ensuring compliance and participation of special op- 5 erations forces in ethics and professionalism pro- 6 grams, including an identification of— 7 (A) gaps in the administration, oversight, 8 and management of such programs and in en- 9 suring the compliance and participation in such 10 programs; and 11 (B) additional guidance that may be re- 12 quired for a systematic, integrated approach in 13 administering, overseeing, and managing such 14 programs and in ensuring compliance with and 15 participation in such programs in order to ad- 16 dress issues and improve ethical culture and 17 professionalism. 18 (5) The management and oversight framework 19 in place that is designed to ensure that all ethics 20 and professionalism programs available to special 21 operations forces meet Department standards. 22 (6) Tools and metrics for identifying and as- 23 sessing individual and organizational ethics and pro- 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00695 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 696 HR 5515 PCS fessionalism issues with respect to special operations 1 forces. 2 (7) Tools and metrics for assessing the effec- 3 tiveness of existing ethics and professionalism pro- 4 grams in improving or addressing individual and or- 5 ganizational ethics-related and professionalism issues 6 with respect to special operations forces. 7 (8) Additional programs or actions that may be 8 required to address or improve individual and orga- 9 nizational ethics and professionalism issues with re- 10 spect to special operations forces. 11 (9) Actions to improve the oversight and ac- 12 countability by senior leaders of ethics and profes- 13 sionalism-related issues with respect to special oper- 14 ations forces. 15 (c) DEFINITIONS.—In this section: 16 (1) The term ‘‘ethics program’’ means a pro- 17 gram that includes— 18 (A) compliance-based ethics training, edu- 19 cation, initiative, or other activity that focuses 20 on adherence to rules and regulations; and 21 (B) values-based ethics training, education, 22 initiative, or other activity that focuses on up- 23 holding a set of ethical principles in order to 24 achieve high standards of conduct and incor- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00696 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 697 HR 5515 PCS porate guiding principles to help foster an eth- 1 ical culture and inform decision-making where 2 rules are not clear. 3 (2) The term ‘‘professionalism program’’ means 4 a program that includes training, education, initia- 5 tive, or other activity that focuses on values, ethics, 6 standards, code of conduct, and skills as related to 7 the military profession. 8 (d) SUBMITTAL OF REVIEW.—The Secretary of De- 9 fense shall submit the review required by subsection (a) 10 to the Committees on Armed Services of the Senate and 11 the House of Representatives by not later than March 1, 12 2019. 13 SEC. 1056. MUNITIONS ASSESSMENTS AND FUTURE-YEARS 14 DEFENSE PROGRAM REQUIREMENTS. 15 (a) REQUIRED REPORTS.—Not later than March 1, 16 2019, and annually thereafter, the Under Secretary of De- 17 fense for Acquisition and Sustainment, in consultation 18 with the Chairman of the Joint Chiefs of Staff shall sub- 19 mit to the congressional defense committees each of the 20 following: 21 (1) The most current munitions assessments, as 22 defined by Department of Defense Instruction Num- 23 ber 3000.04, relating to the Department of Defense 24 munitions requirements process. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00697 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 698 HR 5515 PCS (2) The most current sufficiency assessments, 1 as defined by such Department of Defense Instruc- 2 tion. 3 (3) The most current approved memorandum of 4 the Joint Requirements Oversight Council resulting 5 from the munitions requirements process. 6 (4) The planned funding and munitions require- 7 ments required for the first fiscal year beginning 8 after the date of the submittal of the report and 9 across the future-years defense program for muni- 10 tions across all military departments and the Missile 11 Defense Agency. 12 (5) The planned foreign military sales and for- 13 eign military financing orders for United States mu- 14 nitions across the future-years defense program. 15 (b) SUNSET.—The requirement to submit reports 16 and assessments under this section shall terminate on De- 17 cember 31, 2021. 18 (c) SUPPLY CHAIN ASSESSMENTS.—Beginning in fis- 19 cal year 2020, the Under Secretary shall evaluate supply 20 chain risks, including qualified supplier shortages and sin- 21 gle source supplier vulnerabilities for munitions produc- 22 tion. The Under Secretary shall include in the reports re- 23 quired under subsection (a) for fiscal year 2020 and any 24 subsequent fiscal year for which such reports are required 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00698 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 699 HR 5515 PCS to be submitted, a list of munitions that are at risk of 1 production impacts from the loss of qualified suppliers. 2 SEC. 1057. REPORT ON ESTABLISHMENT OF ARMY FUTURES 3 COMMAND. 4 (a) REPORT REQUIRED.—Not later than February 1, 5 2019, the Secretary of the Army shall submit to the con- 6 gressional defense committees a report on the Army’s plan 7 for the establishment of Army Futures Command. 8 (b) CONTENTS OF REPORT.—The report required by 9 subsection (a) shall include each of the following: 10 (1) A description of the mission of Army Fu- 11 tures Command. 12 (2) A description of the authorities and respon- 13 sibilities of the Commander of Army Futures Com- 14 mand. 15 (3) A description of the relationship between 16 such authorities and the authorities of the Army Ac- 17 quisition Authority and a description of any changes 18 to be made to the authorities and missions of other 19 Army major commands. 20 (4) A detailed description of the structure for 21 Army Futures Command, including grade require- 22 ments. 23 (5) A detailed description of any resources or 24 elements to be realigned from the Army Training 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00699 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 700 HR 5515 PCS and Doctrine Command, Army Materiel Command, 1 Army Force Command, or Army Test and Evalua- 2 tion Command to Army Futures Command. 3 (6) An assessment of the number and location 4 of members of the Armed Forces and Department of 5 Defense civilian personnel expected to be assigned to 6 Army Futures Command. 7 (7) A cost estimate for the establishment of 8 Army Futures Command in fiscal year 2019 and 9 projected costs for each of fiscal years 2020 through 10 2023. 11 (8) A description of the headquarters stationing 12 selection criteria and methodology 13 (9) Any other information relating to the com- 14 mand, as determined by the Secretary. 15 SEC. 1058. ASSESSMENT OF DEPARTMENT OF DEFENSE 16 ELECTROMAGNETIC SPECTRUM WARFARE 17 ENTERPRISE. 18 (a) PLAN REQUIRED.—The Secretary of Defense, in 19 consultation with the Chairman of the Joint Chiefs of 20 Staff, shall develop a plan, and the estimated cost and 21 schedule of implementing the plan, to conduct joint cam- 22 paign modeling and wargaming for joint electromagnetic 23 spectrum operations. Such plan shall include each of the 24 following: 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00700 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 701 HR 5515 PCS (1) The capabilities and capacity, and the asso- 1 ciated governance and command and control archi- 2 tecture design, required to effectively employ mili- 3 tary forces designated to conduct multi-domain elec- 4 tromagnetic spectrum operations of the Department 5 of Defense. 6 (2) The fiscal and manpower resources required 7 to carry out paragraph (1) and to inform the budget 8 requests of the Department of Defense. 9 (3) The sufficiency of experimentation, testing, 10 and training infrastructure, ranges, instrumentation, 11 and threat simulators required to support the devel- 12 opment of electromagnetic spectrum capabilities. 13 (4) The sufficiency and overall effectiveness of 14 electromagnetic spectrum operations to inform joint 15 adaptive planning activities. 16 (5) All level 3 and level 4 contingency plans (as 17 such plans are described in Joint Publication 5-0 of 18 the Joint Chiefs of Staff, entitled ‘‘Joint Planning’’ 19 and dated June 16, 2017). 20 (b) REPORT.— 21 (1) IN GENERAL.—Not later than February 18, 22 2019, the Secretary of Defense shall submit to the 23 congressional defense committees a report on the 24 plan developed under subsection (a). 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00701 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 702 HR 5515 PCS (2) FORM OF REPORT.—The report required by 1 paragraph (1) shall be submitted in unclassified 2 form, but may include a classified annex. 3 (c) ANNUAL BRIEFINGS.— 4 (1) IN GENERAL.—Not later than February 5, 5 2019, and annually thereafter for each of the next 6 five subsequent years, the Secretary of Defense, in 7 coordination with the Chairman of the Joint Chiefs 8 of Staff, shall provide to the Committee on Armed 9 Services of the House of Representatives a briefing 10 on the joint electromagnetic spectrum operations of 11 the Department of Defense. Such briefing shall in- 12 clude each of the following: 13 (A) An update on the governance, organi- 14 zational structure, and activities of the Elec- 15 tronic Warfare Executive Committee of the De- 16 partment of Defense, as established by memo- 17 randum of the Deputy Secretary of Defense on 18 March 17, 2015. 19 (B) An assessment of the progress in 20 achieving the goals and objectives described 21 in— 22 (i) the current strategy for the elec- 23 tromagnetic spectrum warfare enterprise 24 issued by the Executive Committee; and 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00702 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 703 HR 5515 PCS (ii) Department of Defense Directive 1 3222.04, dated May 10, 2017. 2 (C) An assessment of the current readi- 3 ness, sufficiency, unity of effort, and mod- 4 ernization of the joint military services with re- 5 spect to joint electromagnetic spectrum capa- 6 bilities and the ability of the joint military serv- 7 ices to train and employ effectively in an elec- 8 tromagnetic spectrum warfare operational envi- 9 ronment for all level 3 and level 4 contingency 10 plans (as such plans are described in Joint 11 Publication 5-0 of the Joint Chiefs of Staff, en- 12 titled ‘‘Joint Planning’’ and dated June 16, 13 2017). 14 (D) The same information as is required to 15 be submitted under section 1053(b) of the Na- 16 tional Defense Authorization Act for Fiscal 17 Year 2010 (Public Law 111-84; 123 Stat. 18 2459). 19 (2) FORM OF BRIEFING.—Each briefing re- 20 quired by paragraph (1) shall be unclassified, but 21 may include a classified presentation. 22 (d) ONE-TIME BRIEFING.— 23 (1) IN GENERAL.—Not later than February 25, 24 2019, the Secretary of Defense, in coordination with 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00703 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 704 HR 5515 PCS the Chairman of the Joint Chiefs of Staff, shall pro- 1 vide to the Committee on Armed Services of the 2 House of Representatives a briefing on the joint 3 electromagnetic spectrum operations of the Depart- 4 ment of Defense. Such briefing shall include each of 5 the following: 6 (A) An update on the progress of the De- 7 partment in implementing the pilot program au- 8 thorized by section 234 of the National Defense 9 Authorization Act for Fiscal Year 2017 (Public 10 Law 114-328; 10 U.S.C. 113 note). 11 (B) The progress of the Department in es- 12 tablishing and operationalizing joint electro- 13 magnetic spectrum operations cells at battle- 14 management and command and control loca- 15 tions of the combatant commanders and des- 16 ignated joint task force commanders. 17 (C) The progress of the Department in es- 18 tablishing a network to connect an electro- 19 magnetic battle management system to multiple 20 sensor and intelligence data feeds to implement 21 electronic warfare battle management for 22 networked electronic warfare and dynamic re- 23 programming with automated near real-time ca- 24 pabilities. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00704 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 705 HR 5515 PCS (D) The number of personnel assigned to 1 joint electromagnetic spectrum operations mis- 2 sion activities, to include officers, enlisted mem- 3 bers, and civilian personnel, set forth separately 4 by career field designator and rank for each 5 military service, combatant command, and de- 6 fense agency. 7 (E) A comparison of commissioned officer 8 promotion rates among the personnel described 9 in paragraph (d), by grade, compared to the av- 10 erage promotion rates for commissioned offi- 11 cers, by grade, in each military service, over the 12 five most recent promotion cycles that have 13 been completed since the end of fiscal year 14 2018. 15 (F) An assessment of Department of De- 16 fense governance, organizational alignment, 17 human capital, and other applicable resources 18 responsible for the development, management, 19 and implementation of joint electromagnetic 20 spectrum policy, doctrine, concepts, require- 21 ments, capabilities, and operational activities. 22 (2) FORM OF BRIEFING.—The briefing required 23 by paragraph (1) shall be unclassified, but may in- 24 clude a classified presentation. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00705 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 706 HR 5515 PCS (e) DEFINITIONS.—In this section: 1 (1) The term ‘‘electromagnetic battle manage- 2 ment’’ means the dynamic monitoring, assessing, 3 planning, and directing of joint electromagnetic 4 spectrum operations in support of a military com- 5 mander’s scheme of maneuver. 6 (2) The term ‘‘joint electromagnetic spectrum 7 operations’’ means those activities consisting of elec- 8 tronic warfare and joint electromagnetic spectrum 9 management operations used to exploit, attack, pro- 10 tect, and manage the electromagnetic operational en- 11 vironment to achieve a military commander’s objec- 12 tives. 13 SEC. 1059. REPORT ON SUPPORT FOR NON-CONTIGUOUS 14 STATES AND TERRITORIES IN THE EVENT OF 15 THREATS AND INCIDENTS. 16 (a) REPORT REQUIRED.—Not later than February 1, 17 2019, the Secretary of Defense shall submit to the Com- 18 mittees on Armed Services of the Senate and House of 19 Representatives a report on the preparedness of the De- 20 partment of Defense in providing support to non-contig- 21 uous States and territories in he aftermath of a natural 22 or manmade incident that warrants the Department to as- 23 sist the State and civil entities with the protection of life 24 and to provide emergency work. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00706 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 707 HR 5515 PCS (b) CONTENTS OF REPORT.—For purposes of the re- 1 port under subsection (a)— 2 (1) the support covered by the report may in- 3 clude support provided under section 403(c) of the 4 Robert T. Stafford Disaster Relief and Emergency 5 Assistance Act (42 U.S.C. 5170b(c)); and 6 (2) the incidents covered by the report shall in- 7 clude natural disasters, acts of terrorism, and indus- 8 trial accidents. 9 (c) FORM OF REPORT.—The report required by sub- 10 section (a) shall be submitted in unclassified form, but 11 may contain a classified annex. 12 SEC. 1060. REPORT ON LOW-BOOM FLIGHT DEMONSTRA- 13 TION. 14 Not later than 90 days after the date of the enact- 15 ment of this Act, the Administrator of the National Aero- 16 nautics and Space Administration shall submit to the 17 Committee on Science, Space, and Technology of the 18 House of Representatives a report describing the progress 19 in development of the Low-Boom Flight Demonstration, 20 including— 21 (1) the plans of the Administrator to coordinate 22 with other executive agencies to ensure the avail- 23 ability of developmental and operational testing in- 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00707 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 708 HR 5515 PCS frastructure for low-boom flight demonstrations by 1 2021; and 2 (2) the strategy of the Administration to ac- 3 quire chase aircrafts to ensure the availability of 4 such aircrafts for such demonstrations. 5 SEC. 1061. REPORT ON CYBER-ENABLED INFORMATION OP- 6 ERATIONS. 7 Not later than 180 days after the date of the enact- 8 ment of this Act, the President shall transmit to the Com- 9 mittees on Armed Services and Foreign Affairs of the 10 House of Representative and the Committees on Armed 11 Services and Foreign Relations of the Senate a report on 12 the effects of cyber-enabled information operations on the 13 national security of the United States. Such report shall 14 include each of the following: 15 (1) A summary of actions taken by the Federal 16 Government to protect the national security of the 17 United States against cyber-enabled information op- 18 erations. 19 (2) A description of the resources necessary to 20 protect the national security of the United States 21 against cyber-enabled information operations by for- 22 eign adversaries. 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00708 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 709 HR 5515 PCS SEC. 1062. BRIEFING ON UNMANNED AIRCRAFT IN ARLING- 1 TON NATIONAL CEMETERY. 2 (a) SENSE OF CONGRESS.—It is the sense of Con- 3 gress that the Administrator of the Federal Aviation Ad- 4 ministration and the Secretary of Defense should coordi- 5 nate to— 6 (1) prevent the flight of unmanned aircraft over 7 Arlington National Cemetery, to the maximum 8 amount practical, in order to preserve the sacred at- 9 mosphere of the cemetery as a national shrine; and 10 (2) restrict all flights of unmanned aircraft over 11 Arlington National Cemetery during the execution of 12 funeral services, except in emergency situations, the 13 execution of national security operations, and un- 14 manned aircraft flown at the request of the family 15 participating in funeral services. 16 (b) BRIEFING.—Not later than 60 days after the date 17 of the enactment of this Act, the Secretary of Defense and 18 the Administrator of the Federal Aviation Administration 19 shall jointly provide to the Committees on Armed Services, 20 Transportation and Infrastructure, and Veterans’ Affairs 21 of the House of Representatives and the Committees on 22 Armed Services, Commerce, Science, and Transportation, 23 and Veterans’ Affairs of the Senate a briefing on whether 24 legislative action is required to prevent low flying un- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00709 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 710 HR 5515 PCS manned aircraft from disrupting funerals at Arlington Na- 1 tional Cemetery. 2 (c) UNMANNED AIRCRAFT DEFINED.—In this sec- 3 tion, the term ‘‘unmanned aircraft’’ has the meaning given 4 such term in section 331 of the FAA Modernization and 5 Reform Act of 2012 (Public Law 112–95). 6 SEC. 1063. REPORT ON AN UPDATED ARCTIC STRATEGY. 7 (a) REPORT ON AN UPDATED STRATEGY.—Not later 8 than June 1, 2019, the Secretary of Defense, in consulta- 9 tion with the Secretary of the Department in which the 10 Coast Guard is operating with respect to Coast Guard op- 11 erations and navigation issues, shall submit to the con- 12 gressional defense committees a report on an updated Arc- 13 tic Strategy to improve and enhance joint operations. The 14 report shall also include an assessment of Russia’s aggres- 15 sive buildup of military assets and infrastructure in the 16 Arctic, as well as China’s efforts to influence Arctic policy. 17 (b) ELEMENTS.—The report required by subsection 18 (a) shall include the following: 19 (1) A description of a joint Arctic strategy for 20 sea operations, including all military and Coast 21 Guard vessels available for Arctic operations. 22 (2) A description of a joint Arctic strategy for 23 air operations, which will include all rotor and fixed 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00710 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 711 HR 5515 PCS wing military aircraft platforms available for Arctic 1 operations. 2 (3) A description of a joint Arctic strategy for 3 ground operations, which will include all military 4 ground forces available for Arctic operations. 5 (4) An assessment of Russia’s continued ag- 6 gressive buildup of military assets and infrastructure 7 in the Arctic. 8 (5) An assessment of China’s efforts to influ- 9 ence global Arctic policy. 10 SEC. 1064. REPORT ON DESALINIZATION TECHNOLOGY. 11 Not later than 180 days after the date of the enact- 12 ment of this Act, the Secretary of the Navy shall submit 13 to the congressional defense committees a report on desa- 14 linization technology’s application for defense and national 15 security purposes to provide drought relief to areas im- 16 pacted by sharp declines in water resources. 17 SEC. 1065. REPORT ON IMPLEMENTATION OF REC- 18 OMMENDATIONS IN DEFENSE BUSINESS 19 BOARD STUDY. 20 (a) REPORT REQUIRED.—Not later than 180 days 21 after the date of the enactment of this Act, the Secretary 22 of Defense shall submit to the congressional defense com- 23 mittees a report on the efforts of the Secretary to imple- 24 ment the recommendations set forth in the study con- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00711 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 712 HR 5515 PCS ducted by the Defense Business Board titled ‘‘Trans- 1 forming Department of Defense’s Core Business Processes 2 for Revolutionary Change’’. 3 (b) ELEMENTS.—The report required under sub- 4 section (a) shall include— 5 (1) a description of the actions carried out by 6 the Secretary of Defense to implement the rec- 7 ommendations set forth in the study described in 8 subsection (a); 9 (2) identification of the specific recommenda- 10 tions, if any, that have been implemented by the 11 Secretary; 12 (3) the amount of any cost savings achieved as 13 a result of implementing such recommendations; 14 (4) identification of any recommendations that 15 have not been implemented; and 16 (5) alternative recommendations to transform 17 core business processes that would help the Depart- 18 ment of Defense to achieve cost savings. 19 Subtitle G—Other Matters 20 SEC. 1071. TECHNICAL, CONFORMING, AND CLERICAL 21 AMENDMENTS. 22 (a) TITLE 10, UNITED STATES CODE.—Title 10, 23 United States Code, is amended as follows: 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00712 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 713 HR 5515 PCS (1) Sections 130j and 130k, as added by sec- 1 tion 1631 of the National Defense Authorization Act 2 for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 3 1736), are amended by striking ‘‘section 3093 of 4 title 50, United States Code’’ both places it appears 5 and inserting ‘‘section 503 of the National Security 6 Act of 1947 (50 U.S.C. 3093)’’. 7 (2) The table of sections at the beginning of 8 chapter 3 is amended by striking the items relating 9 to sections 130j and 130k and inserting the fol- 10 lowing new items: 11 ‘‘130j. Notification requirements for sensitive military cyber operations. ‘‘130k. Notification requirements for cyber weapons.’’. (3) Section 131(b)(9), as amended by section 12 811, is further amended— 13 (A) by striking subparagraphs (B), (C), 14 and (D); and 15 (B) by redesignating subparagraphs (E), 16 (F), (G), and (H), as subparagraphs (B), (C), 17 (D), and (E), respectively. 18 (4) The table of sections at the beginning of 19 chapter 4 is amended by striking the item relating 20 to section 261 and inserting the following: 21 ‘‘241. Reference to chapters 1003, 1005, and 1007.’’. (5) Section 494(b)(2) is amended in the matter 22 preceding subparagraph (A) by striking ‘‘March 1, 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00713 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 714 HR 5515 PCS 2012, and annually thereafter’’ and inserting 1 ‘‘March 1 of each year’’. 2 (6) Section 495(a) is amended by striking ‘‘Be- 3 ginning in fiscal year 2013, the’’ and inserting 4 ‘‘The’’. 5 (7) Section 499a(d), as added by section 6 1652(a) of the National Defense Authorization Act 7 for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 8 1757), is amended by striking ‘‘on or after the date 9 of the enactment of this section’’ and inserting 10 ‘‘after December 11, 2017,’’. 11 (8) Section 637a(d) is amended by striking 12 ‘‘specialities’’ and inserting ‘‘specialties’’. 13 (9) Section 664(d)(1) is amended by striking 14 ‘‘the the’’ and inserting ‘‘the’’. 15 (10) The table of subchapters at the beginning 16 of chapter 47A is amended by striking the item re- 17 lating to subchapter VII and inserting the following: 18 ‘‘VII. POST-TRIAL PROCEDURE AND REVIEW OF MILITARY COMMISSIONS’’. (11) The table of sections at the beginning of 19 subchapter VII of chapter 47A is amended by strik- 20 ing the item relating to section 950g and inserting 21 the following: 22 ‘‘950g. Review by United States Court of Appeals for the District of Columbia Circuit; writ of certiorari to Supreme Court.’’. (12) Section 950t is amended— 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00714 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 715 HR 5515 PCS (A) in paragraph (9), by striking ‘‘attack. 1 or’’ and inserting ‘‘attack, or’’; 2 (B) in paragraph (16), by striking ‘‘shall 3 punished’’ and inserting ‘‘shall be punished’’; 4 and 5 (C) in paragraph (22), by adding a period 6 at the end. 7 (13) The table of sections at the beginning of 8 chapter 55 is amended by striking the item relating 9 to section 1077a and inserting the following: 10 ‘‘1077a. Access to military medical treatment facilities and other facilities.’’. (14) Section 1415(e) is amended by striking 11 ‘‘concerned’’. 12 (15) Section 2006a(b)(3) is amended by strik- 13 ing ‘‘the such programs’’ and inserting ‘‘such pro- 14 grams’’. 15 (16) Section 2279(c) is amended by striking 16 ‘‘subsection (a) and (b)’’ and inserting ‘‘subsections 17 (a) and (b)’’. 18 (17) Section 2279c, as added by section 19 1601(a)(1) of the National Defense Authorization 20 Act for Fiscal Year 2018 (Public Law 115–91; 131 21 Stat. 1718), is amended— 22 (A) in subsection (a)(3), by striking ‘‘ the 23 date of the enactment of this Act’’ and insert- 24 ing ‘‘December 12, 2017’’; and 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00715 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 716 HR 5515 PCS (B) in subsection (b)— 1 (i) in the matter preceding paragraph 2 (1), by striking ‘‘ the date of the enact- 3 ment of this section’’ and inserting ‘‘De- 4 cember 12, 2017’’; and 5 (ii) in paragraph (3), by striking ‘‘on 6 or after the date that is one year after the 7 date of the enactment of this section’’ and 8 inserting ‘‘after December 11, 2018’’. 9 (18)(A) The second section 2279c, as added by 10 section 1602 of the National Defense Authorization 11 Act for Fiscal Year 2018 (Public Law 115–91; 131 12 Stat. 1721), is redesignated as section 2279d. 13 (B) The table of sections at the beginning of 14 chapter 135 is amended by inserting after the item 15 relating to section 2279c the following new item: 16 ‘‘2279d. Limitation on construction on United States territory of satellite posi- tioning ground monitoring stations of certain foreign govern- ments.’’. (19) Section 2313b(b)(1)(E), as added by sec- 17 tion 803(a) of the National Defense Authorization 18 Act for Fiscal Year 2018 (Public Law 115–91; 131 19 Stat. 1452), is amended by redesignating clauses 20 (A) and (B) as clauses (i) and (ii), respectively. 21 (20) Section 2324(e)(1) is amended by redesig- 22 nating the second subparagraph (P) and subpara- 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00716 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 717 HR 5515 PCS graph (Q) as subparagraphs (Q) and (R), respec- 1 tively. 2 (21) Section 2337a(d), as added by section 3 836(a)(1) of the National Defense Authorization Act 4 for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 5 1473), is amended by striking ‘‘title 10, United 6 States Code’’ and inserting ‘‘this title’’. 7 (22) Section 2374a(e) is amended by striking 8 ‘‘,,’’ and inserting ‘‘,’’. 9 (23) The table of sections at the beginning of 10 chapter 141 is amended by striking the item relating 11 to section 2410s and inserting the following new 12 item: 13 ‘‘2410s. Security clearances for facilities of certain companies.’’. (24) The heading of section 2410s is amended 14 by striking the period at the end. 15 (25)(A) The heading of section 2414, as 16 amended by section 817(1) of the National Defense 17 Authorization Act for Fiscal Year 2018 (Public Law 18 115–91; 131 Stat. 1462), is amended to read as fol- 19 lows: 20 ‘‘§ 2414. Funding’’. 21 (B) The item relating to such section in 22 the table of sections at the beginning of chapter 23 142 is amended to read as follows: 24 ‘‘2414. Funding.’’. VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00717 Fmt 6652 Sfmt 6211 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 718 HR 5515 PCS (26) Section 2613(g) is amended by striking 1 ‘‘(1)’’. 2 (27) Section 2679(a)(1) is amended by striking 3 ‘‘Federal government’’ and inserting ‘‘Federal Gov- 4 ernment’’. 5 (28) The heading of section 2691, as amended 6 by section 2814(b)(1) of the National Defense Au- 7 thorization Act for Fiscal Year 2018 (Public Law 8 115–91), is amended to read as follows: 9 ‘‘§ 2691. Restoration of land used by permit or dam- 10 aged by mishap; reimbursement of state 11 costs of fighting wildland fires’’. 12 (29) Section 2879(a)(2)(A), as added by section 13 2817(a)(1) of the National Defense Authorization 14 Act for Fiscal Year 2018 (Public Law 115–91), is 15 amended by striking ‘‘on or after the date of the en- 16 actment of this section’’ and inserting ‘‘after Decem- 17 ber 11, 2017,’’. 18 (30) The heading of section 2914 is amended to 19 read as follows: 20 ‘‘§ 2914. Energy resilience and conservation construc- 21 tion projects’’. 22 (31) Section 10504 is amended— 23 (A) in subsection (a), by striking ‘‘The 24 Chief’’ and inserting ‘‘(1) The Chief’’; and 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00718 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 719 HR 5515 PCS (B) by redesignating the second subsection 1 (b) as subsection (c). 2 (b) TITLE 32, UNITED STATES CODE.—Title 32, 3 United States Code, is amended in section 902, by striking 4 ‘‘the Secretary, determines’’ and inserting ‘‘the Secretary 5 determines’’. 6 (c) NDAA FOR FISCAL YEAR 2018.—Effective as of 7 December 12, 2017, and as if included therein as enacted, 8 the National Defense Authorization Act for Fiscal Year 9 2018 (Public Law 115–91; 131 Stat. ll et seq.) is 10 amended as follows: 11 (1) Section 834(a)(2) (131 Stat. 1470) is 12 amended by striking ‘‘subchapter I of’’. 13 (2) Section 913(b) is amended by striking the 14 dash after the colon in the matter preceding para- 15 graph (1). 16 (3) Section 1051(d)) is amended by inserting 17 ‘‘National’’ before ‘‘Defense Authorization Act’’. 18 (4) Section 1691(i) is amended— 19 (A) by inserting ‘‘the’’ after ‘‘Title XIV 20 of’’; and 21 (B) by inserting ‘‘as enacted into law by’’ 22 before ‘‘Public Law 106–398’’. 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00719 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 720 HR 5515 PCS (5) Section 2817(a)(2) is amended by striking 1 ‘‘table of sections for’’ and inserting ‘‘table of sec- 2 tions at the beginning of subchapter IV of’’. 3 (6) Section 2831(b) is amended by inserting ‘‘of 4 title 10, United States Code,’’ after ‘‘chapter 173’’. 5 (7) Section 2876(d) is amended— 6 (A) by inserting ‘‘In this section:’’ after 7 ‘‘DEFINITIONS.—’’; and 8 (B) in paragraph (1)(A), in the matter 9 preceding clause (i), by inserting open quotation 10 marks before ‘‘beneficial’’ and close quotation 11 marks after ‘‘owner’’. 12 (e) OTHER NDAAS.— 13 (1) FY2016.—Section 828(c) of the National 14 Defense Authorization Act for Fiscal Year 2016 15 (Public Law 114–92; 10 U.S.C. 2430 note), as 16 added by section 825(a)(4) of the National Defense 17 Authorization Act for Fiscal Year 2018 (Public Law 18 115–91; 131 Stat. 1466), is amended by inserting 19 ‘‘subsection’’ before ‘‘(b)’’. 20 (2) FY2001.—Section 821(e) of the Floyd D. 21 Spence National Defense Authorization Act for Fis- 22 cal Year 2001 (as enacted into law by Public Law 23 106–398; 10 U.S.C. 2302 note) is amended by strik- 24 ing paragraph (2). 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00720 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 721 HR 5515 PCS (f) OTHER LAWS.— 1 (1) TITLE 31.—Paragraph (1) of section 2 5112(p) of title 31, United States Code, as amended 3 by section 885 of the National Defense Authoriza- 4 tion Act for Fiscal Year 2018 (Public Law 115–91; 5 131 Stat. 1505), is amended by striking ‘‘, United 6 States Code’’ each place it appears. 7 (2) TITLE 49.—Subsection (h) of section 44718 8 of title 49, United States Code, as amended and re- 9 designated by sections 311(b)(3) and 311(e)(1) of 10 the National Defense Authorization Act for Fiscal 11 Year 2018 (Public Law 115–91), is amended— 12 (A) in paragraph (1), by striking ‘‘section 13 183a(g) of title 10’’ and inserting ‘‘section 14 183a(h)(1) of title 10’’; and 15 (B) in paragraph (2), by striking ‘‘section 16 183a(g) of title 10’’ and inserting ‘‘section 17 183a(h)(7) of title 10’’. 18 (3) ATOMIC ENERGY DEFENSE ACT.—Section 19 4309(c) of the Atomic Energy Defense Act (50 20 U.S.C. 2575(c)) is amended by redesignating para- 21 graphs (17) and (18) as paragraphs (16) and (17), 22 respectively. 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00721 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 722 HR 5515 PCS (g) CONFORMING AMENDMENTS RELATING TO THE 1 CHIEF MANAGEMENT OFFICER OF THE DEPARTMENT OF 2 DEFENSE.— 3 (1) CONFORMING AMENDMENTS.— 4 (A) Each of the following provisions law is 5 amended by striking ‘‘Deputy Chief Manage- 6 ment Officer’’ each place it appears and insert- 7 ing ‘‘Chief Management Officer’’: 8 (i) Section 192(e)(2) of title 10, 9 United States Code. 10 (ii) Section 2222 of title 10, United 11 States Code. 12 (iii) Section 11319(d)(4) of title 40, 13 United States Code. 14 (iv) Section 881(a) of the National 15 Defense Authorization Act for Fiscal Year 16 2016 (Public Law 114–92; 10 U.S.C. 2302 17 note). 18 (v) Section 217 of the National De- 19 fense Authorization Act for Fiscal Year 20 2016 (Public Law 114–92; 10 U.S.C. 21 2445a note). 22 (B) Section 131(b) of title 10, United 23 States Code, as amended by subsection (a)(3) 24 of this section, is further amended— 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00722 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 723 HR 5515 PCS (i) by striking paragraph (4); and 1 (ii) by redesignating paragraphs (5) 2 through (10) as paragraphs (4) through 3 (9), respectively. 4 (C) Section 137a(d) of title 10, United 5 States Code, is amended— 6 (i) by striking ‘‘the Secretaries of the 7 military departments,’’ and inserting ‘‘the 8 Chief Management Officer of the Depart- 9 ment of Defense, the Secretaries of the 10 military departments, and’’; and 11 (ii) by striking ‘‘, and the Deputy 12 Chief Management Officer of the Depart- 13 ment of Defense’’. 14 (D) Section 138(d) of title 10, United 15 States Code, is amended— 16 (i) by inserting ‘‘the Chief Manage- 17 ment Officer of the Department of De- 18 fense,’’ after ‘‘the Deputy Secretary of De- 19 fense,’’; and 20 (ii) by striking ‘‘ the Deputy Chief 21 Management Officer of the Department of 22 Defense,’’. 23 (E) Section 904(b)(4) the National De- 24 fense Authorization Act for Fiscal Year 2008 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00723 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 724 HR 5515 PCS (Public Law 110–181; 10 U.S.C. 132 note.) is 1 amended— 2 (i) by striking ‘‘and Deputy Chief 3 Management Officer’’and 4 (ii) by striking ‘‘as is necessary to as- 5 sist those officials in the performance of 6 their duties’’ and inserting ‘‘as is necessary 7 to assist the Chief Management Officer in 8 the performance of the duties assigned to 9 such official’’. 10 (F) Section 5314 of title 5, United States 11 Code, is amended by striking ‘‘Deputy Chief 12 Management Officer of the Department of De- 13 fense.’’. 14 (2) REFERENCES.— 15 (A) IN LAW OR REGULATION.—Any ref- 16 erence in a law (other than this Act) or regula- 17 tion in effect on the day before the date of the 18 enactment of this Act to the Deputy Chief Man- 19 agement Officer of the Department of Defense 20 is deemed to be a reference to the Chief Man- 21 agement Officer of the Department of Defense. 22 (B) IN OTHER DOCUMENTS, PAPERS, OR 23 RECORDS.—Any reference in a document, 24 paper, or other record of the United States pre- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00724 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 725 HR 5515 PCS pared before the date of the enactment of this 1 Act to the Deputy Chief Management Officer of 2 the Department of Defense is deemed to be a 3 reference to the Chief Management Officer of 4 the Department of Defense. 5 (h) COORDINATION WITH OTHER AMENDMENTS 6 MADE BY THIS ACT.—For purposes of applying amend- 7 ments made by provisions of this Act other than this sec- 8 tion, the amendments made by this section shall be treated 9 as having been enacted immediately before any such 10 amendments by other provisions of this Act. 11 SEC. 1072. PRINCIPAL ADVISOR ON COUNTERING WEAPONS 12 OF MASS DESTRUCTION. 13 (a) IN GENERAL.— 14 (1) DESIGNATION OF PRINCIPAL ADVISOR.— 15 Chapter 4 of title 10, United States Code, is amend- 16 ed by adding at the end the following new section: 17 ‘‘§ 145. Principal Advisor on Countering Weapons of 18 Mass Destruction 19 ‘‘(a) DESIGNATION.—The Secretary of Defense shall 20 designate, from among the personnel of the Office of the 21 Secretary of Defense, a Principal Advisor on Countering 22 Weapons of Mass Destruction. Such Principal Advisor 23 shall act as the principal advisor to the Secretary on the 24 activities of the Department of Defense relating to coun- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00725 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 726 HR 5515 PCS tering weapons of mass destruction. The individual des- 1 ignated to serve as such Principal Advisor shall be an indi- 2 vidual who was appointed to the position held by the indi- 3 vidual by and with the advice and consent of the Senate. 4 ‘‘(b) RESPONSIBILITIES.—The Principal Advisor des- 5 ignated under subsection (a) shall carry out the following 6 responsibilities: 7 ‘‘(1) Supervising the activities of the Depart- 8 ment of Defense relating to countering weapons of 9 mass destruction, including the oversight of policy 10 and operational considerations, resources, personnel, 11 acquisition, and technology. 12 ‘‘(2) Carrying out such other responsibilities re- 13 lating to countering weapons of mass destruction as 14 the Secretary shall specify.’’. 15 (2) CLERICAL AMENDMENT.—The table of sec- 16 tions at the beginning of such chapter is amended 17 by adding at the end the following new item: 18 ‘‘145. Principal Advisor on Countering Weapons of Mass Destruction.’’. (b) OVERSIGHT PLAN.—Not later than 180 days 19 after the date of the enactment of this Act, the Secretary 20 of Defense shall submit to the congressional defense com- 21 mittees a plan to streamline the oversight framework of 22 the Office of the Secretary of Defense, including any effi- 23 ciencies and the potential to reduce, realign, or otherwise 24 restructure current Assistant Secretary and Deputy As- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00726 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 727 HR 5515 PCS sistant Secretary positions with responsibilities for over- 1 seeing countering weapons of mass destruction policy, pro- 2 grams, and activities. 3 SEC. 1073. RECEIPT OF FIREARM OR AMMUNITION. 4 (a) RECEIPT OF FIREARM OR AMMUNITION BY 5 SPOUSE OF MEMBER OF THE ARMED FORCES AT A DUTY 6 STATION OF THE MEMBER OUTSIDE THE UNITED 7 STATES.—Section 925(a)(3) of title 18, United States 8 Code, is amended— 9 (1) by inserting ‘‘, or to the spouse of such a 10 member,’’ before ‘‘or to’’; 11 (2) by striking ‘‘members,’’ and inserting 12 ‘‘members and spouses,’’; 13 (3) by striking ‘‘members or’’ and inserting 14 ‘‘members, spouses, or’’; and 15 (4) by striking ‘‘member or’’ and inserting 16 ‘‘member, spouse, or’’. 17 (b) RESIDENCY OF SPOUSES OF MEMBERS OF THE 18 ARMED FORCES TO BE DETERMINED ON THE SAME 19 BASIS AS THE RESIDENCY OF SUCH MEMBERS FOR PUR- 20 POSES OF FEDERAL FIREARMS LAWS.—Section 921(b) of 21 title 18, United States Code, is amended to read as fol- 22 lows: 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00727 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 728 HR 5515 PCS ‘‘(b) For purposes of this chapter, a member of the 1 Armed Forces on active duty, or a spouse of such a mem- 2 ber, is a resident of— 3 ‘‘(1) the State in which the member or spouse 4 maintains legal residence; 5 ‘‘(2) the State in which the permanent duty 6 station of the member is located; and 7 ‘‘(3) the State in which the member maintains 8 a place of abode from which the member commutes 9 each day to the permanent duty station of the mem- 10 ber.’’. 11 (c) EFFECTIVE DATE.—The amendments made by 12 this section shall apply to conduct engaged in after the 13 6-month period that begins on the date of the enactment 14 of this Act. 15 SEC. 1074. FEDERAL CHARTER FOR SPIRIT OF AMERICA. 16 (a) FEDERAL CHARTER.—Part B of subtitle II of 17 title 36, United States Code, is amended by inserting after 18 chapter 2003 the following new chapter: 19 ‘‘CHAPTER 2005—SPIRIT OF AMERICA 20 ‘‘Sec. ‘‘200501. Organization. ‘‘200502. Purposes. ‘‘200503. Governing body. ‘‘200504. Powers. ‘‘200505. Restrictions. ‘‘200506. Records and inspection. ‘‘200507. Duty to maintain tax-exempt status. ‘‘200508. Quarterly report. VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00728 Fmt 6652 Sfmt 6211 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 729 HR 5515 PCS ‘‘§ 200501. Organization 1 ‘‘(a) FEDERAL CHARTER.—Spirit of America (in this 2 chapter ‘the corporation’), a nonprofit corporation, is a 3 federally chartered corporation. 4 ‘‘(b) EXPIRATION OF CHARTER.—If the corporation 5 does not comply with the provisions of this chapter, the 6 charter granted by this chapter expires. 7 ‘‘(c) SCOPE OF CHARTER.—Nothing in the charter 8 granted by this chapter shall be construed as conferring 9 special rights or privileges upon the corporation, or as 10 placing upon the Department of Defense any obligation 11 with respect to the corporation. 12 ‘‘§ 200502. Purposes 13 ‘‘The purposes of the corporation are as provided in 14 its constitution and bylaws and include the following: 15 ‘‘(1) To respond to the needs of local popu- 16 lations abroad, as identified by members of the 17 Armed Forces and diplomats of the United States 18 abroad. 19 ‘‘(2) To connect the people of the United States 20 more closely to the members of the Armed Forces 21 and diplomats of the United States abroad, and to 22 the missions carried out by such personnel abroad. 23 ‘‘(3) To demonstrate the goodwill of the people 24 of the United States to peoples around the world. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00729 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 730 HR 5515 PCS ‘‘§ 200503. Governing body 1 ‘‘(a) BOARD OF DIRECTORS.— 2 ‘‘(1) The board of directors is the governing 3 body of the corporation. The powers, duties, and re- 4 sponsibilities of the board are as provided in the 5 constitution and bylaws of the corporation. 6 ‘‘(2) The number of directors is as provided in 7 the constitution of the corporation. Their manner of 8 selection (including the filling of vacancies) and their 9 term of office are as provided in the constitution and 10 bylaws. 11 ‘‘(b) OFFICERS.—(1) The officers of the corporation 12 are a chairman of the board of directors, a president, one 13 or more vice presidents as provided in the constitution and 14 bylaws, a secretary, a treasurer, and one or more assistant 15 secretaries and assistant treasurers as provided in the con- 16 stitution and bylaws. 17 ‘‘(2) The manner of election, term of office, and du- 18 ties of the officers are as provided in the constitution and 19 bylaws. 20 ‘‘§ 200504. Powers 21 ‘‘The corporation may— 22 ‘‘(1) adopt and amend a constitution, by-laws, 23 and regulations to carry out the purposes of the cor- 24 poration; 25 ‘‘(2) adopt and alter a corporate seal; 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00730 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 731 HR 5515 PCS ‘‘(3) establish and maintain offices to conduct 1 its activities; 2 ‘‘(4) enter into contracts; 3 ‘‘(5) acquire, own, lease, encumber, and trans- 4 fer property as necessary and appropriate to carry 5 out the purposes of the corporation; 6 ‘‘(6) establish, regulate, and discontinue subor- 7 dinate State and territorial subdivisions and local 8 chapters or posts; 9 ‘‘(7) publish a magazine and other publications 10 (including through the Internet); 11 ‘‘(8) sue and be sued; 12 ‘‘(9) do any other act necessary and proper to 13 carry out the purposes of the corporation as pro- 14 vided in its constitution, by-laws, and regulations; 15 and 16 ‘‘(10) to do any other act necessary and proper 17 to carry out the purposes stated in section 200502 18 of this title. 19 ‘‘§ 200505. Restrictions 20 ‘‘(a) PROFIT.—The corporation may not engage in 21 business activity for profit unless the activity is substan- 22 tially related to— 23 ‘‘(1) the purposes stated in 200502 of this title; 24 or 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00731 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 732 HR 5515 PCS ‘‘(2) raising funds to accomplish those pur- 1 poses. 2 ‘‘(b) STOCK AND DIVIDENDS.—The corporation may 3 not issue stock or declare or pay a dividend. 4 ‘‘(c) POLITICAL ACTIVITIES.—The corporation shall 5 be nonpolitical and may not provide financial aid or assist- 6 ance to, or otherwise promote the candidacy of, an indi- 7 vidual seeking elective public office. A substantial part of 8 the activities of the corporation may not involve carrying 9 on propaganda or otherwise attempting to influence legis- 10 lation. 11 ‘‘(d) DISTRIBUTION OF INCOME OR ASSETS.—The 12 income or assets of the corporation may not inure to the 13 benefit of a governor, officer, member, or employee or be 14 distributed to any person during the life of the corporation 15 or on its dissolution or final liquidation. This subsection 16 does not prevent the payment of reasonable compensation 17 to an officer, employee, or other person or reimbursement 18 for actual necessary expenses in amounts approved by the 19 board of directors. 20 ‘‘(e) LOANS.—The corporation may not make a loan 21 to a governor, officer, member or employee. 22 ‘‘(f) NO CLAIM OF GOVERNMENTAL APPROVAL OR 23 AUTHORITY.—The corporation may not claim approval of 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00732 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 733 HR 5515 PCS Congress, of the authority of the United States, for any 1 activity of the corporation. 2 ‘‘§ 200506. Records and inspection 3 ‘‘(a) RECORDS.—The corporation shall keep— 4 ‘‘(1) correct and complete records of account; 5 ‘‘(2) minutes of the proceedings of its members, 6 board of governors, and committees having any of 7 the authority of the corporation; and 8 ‘‘(3) at its principal office, a record of the 9 names and addresses of its members entitled to vote. 10 ‘‘(b) INSPECTION.—A member, or an agent or attor- 11 ney of a member, may inspect the records of the corpora- 12 tion for any proper purpose, at any reasonable time. 13 ‘‘§ 200507. Duty to maintain tax-exempt status 14 ‘‘If the corporation fails to maintain its status as an 15 organization exempt from taxation under the Internal 16 Revenue Code of 1986, the charter granted under this 17 chapter shall terminate. 18 ‘‘§ 200508. Quarterly report 19 ‘‘The corporation shall submit a quarterly report to 20 Congress on the activities of the corporation during the 21 prior fiscal year quarter. The report shall be submitted 22 at the same time as the report of the audit required by 23 section 10101 of this title.’’. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00733 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 734 HR 5515 PCS (b) DISTRIBUTION OF CORPORATION ASSISTANCE 1 ABROAD THROUGH DEPARTMENT OF DEFENSE.— 2 (1) ACCEPTANCE AND COORDINATION OF AS- 3 SISTANCE.—The Secretary of Defense may, subject 4 to the availability of appropriations for such pur- 5 pose, and in accordance with guidance reviewed or 6 issued under section 1088 of the National Defense 7 Authorization Act for Fiscal Year 2018 (Public Law 8 115–91) and guidance issued by the Secretary devel- 9 oped with the concurrence of the Secretary of State 10 and the Administrator of the United States Agency 11 for International Development— 12 (A) accept from Spirit of America, a feder- 13 ally-charted corporation under chapter 2005 of 14 title 36, United States Code (as added by sub- 15 section (a) of this section), humanitarian, eco- 16 nomic, and other nonlethal assistance funded by 17 private funds in the carrying out of the pur- 18 poses of the corporation; and 19 (B) respond to requests from the corpora- 20 tion for the identification of the needs of local 21 populations abroad for assistance, and coordi- 22 nate with the corporation in the provision and 23 distribution of such assistance, in the carrying 24 out of such purposes. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00734 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 735 HR 5515 PCS (2) DISTRIBUTION OF ASSISTANCE TO LOCAL 1 POPULATIONS.—In accordance with guidance issued 2 by the Secretary of Defense developed with the con- 3 currence of the Secretary of State and the Adminis- 4 trator of the United States Agency for International 5 Development, members of the Armed Forces abroad 6 may provide to local populations abroad humani- 7 tarian, economic, and other nonlethal assistance pro- 8 vided to the Department by the corporation pursu- 9 ant to this subsection. 10 (3) SCOPE OF GUIDANCE.—The guidance issued 11 pursuant to this subsection shall ensure that any as- 12 sistance distributed pursuant to this subsection shall 13 be for purposes of supporting the mission or mis- 14 sions of the Department of Defense and the Armed 15 Forces for which such assistance is provided by the 16 corporation. 17 (4) DEPARTMENT OF DEFENSE SUPPORT FOR 18 CORPORATION ACTIVITIES.—In accordance with 19 guidance issued by the Secretary of Defense, the De- 20 partment of Defense and the Armed Forces may, 21 subject to the availability of appropriations for such 22 purpose— 23 (A) provide transportation, lodging, stor- 24 age, and other logistical support— 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00735 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 736 HR 5515 PCS (i) to personnel of the corporation 1 (whether in the United States or abroad) 2 who are carrying out the purposes of the 3 corporation; and 4 (ii) in connection with the acceptance 5 and distribution of assistance provided by 6 the corporation; and 7 (B) use assets of the Department and the 8 Armed Forces in the provision of support de- 9 scribed in subparagraph (A). 10 (c) TABLES OF CHAPTERS.—The table of chapters at 11 the beginning of title 36, United States Code, and at the 12 beginning of subtitle II of such title, are each amended 13 by inserting after the item relating to chapter 2003 the 14 following new item: 15 ‘‘2005. Spirit of America .........................................................................200501’’. SEC. 1075. TRANSFER OF AIRCRAFT TO OTHER DEPART- 16 MENTS. 17 Section 1098 of the National Defense Authorization 18 Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. …