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. 19 881) is amended— 20 (1) by striking subsections (a) and (f); 21 (2) by redesignating subsections (b) through (e) 22 as subsections (a) through (d), respectively; 23 (3) by redesignating subsections (g) and (h) as 24 subsections (e) and (f); 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00736 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 737 HR 5515 PCS (4) in subsection (a)(1), as so redesignated, by 1 striking ‘‘and subject to the certification requirement 2 under subsection (f),’’; and 3 (5) in subsection (d), as so redesignated— 4 (A) by striking ‘‘Promptly following the 5 completion of the certification requirement 6 under subsection (f) and notwithstanding’’ and 7 inserting ‘‘Notwithstanding’’; and 8 (B) by striking ‘‘shall begin transfer, with- 9 out reimbursement, of—’’ and inserting ‘‘shall 10 transfer, without reimbursement—’’. 11 SEC. 1076. REAUTHORIZATION OF NATIONAL AVIATION 12 HERITAGE AREA. 13 (a) FINDINGS.—Congress finds as follows: 14 (1) The National Aviation Heritage Area, as it 15 is currently defined, contains the National Museum 16 of the United States Air Force and the Huffman 17 Prairie Flying Field located within the grounds of 18 Wright-Patterson Air Force Base. 19 (2) The National Aviation Heritage Area con- 20 tinues to preserve the historical legacy of the Wright 21 brothers and the birth of aviation, therefore, the Na- 22 tional Park Service should designate the National 23 Aviation Heritage Area as a longstanding heritage 24 area. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00737 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 738 HR 5515 PCS (b) REAUTHORIZATION.—The National Aviation Her- 1 itage Area Act (title V of division J of the Consolidated 2 Appropriations Act, 2005; Public Law 108–447) is 3 amended— 4 (1) by striking ‘‘The Aviation Heritage Founda- 5 tion, Incorporated,’’, ‘‘the Aviation Heritage Foun- 6 dation, Incorporated (a nonprofit corporation estab- 7 lished under the laws of the State of Ohio)’’, ‘‘the 8 Aviation Heritage Foundation’’, ‘‘the Aviation Herit- 9 age Foundation, Incorporated’’ and ‘‘the Founda- 10 tion’’ each place they appear and inserting ‘‘Dayton 11 History’’; 12 (2) in section 503, by amending paragraph (1) 13 to read as follows: 14 ‘‘(1) DAYTON HISTORY.—The term ‘Dayton 15 History’ means Dayton History, an organization in- 16 corporated in Ohio and described in section 17 501(c)(3) of the Internal Revenue Code of 1986 and 18 exempt from tax under section 501(a) of such 19 Code.’’; 20 (3) in section 505, by adding at the end the fol- 21 lowing new subsection: 22 ‘‘(d) ACCEPTANCE OF FUNDS AND SERVICES.—The 23 management entity may accept funds and services from 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00738 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 739 HR 5515 PCS any Federal or non-Federal source for the purposes of im- 1 plementing the Management Plan.’’; and 2 (4) in section 512, by striking ‘‘the date that is 3 15 years after the date that funds are first made 4 available for this title’’ and inserting ‘‘September 30, 5 2025’’. 6 (c) MANAGEMENT PLAN.—Dayton History (as such 7 term is defined in section 503(1) of the National Aviation 8 Heritage Area Act (title V of division J of the Consoli- 9 dated Appropriations Act, 2005; Public Law 108–447)) 10 may manage the National Aviation Heritage Area under 11 the management plan in effect for that heritage area as 12 of the date of the enactment of this Act. 13 SEC. 1077. RECOGNITION OF AMERICA’S VETERANS. 14 (a) AUTHORIZATION OF SUPPORT.—In order to 15 honor American veterans, including American veterans of 16 past wars that the Secretary of Defense determines have 17 not received appropriate recognition, the Secretary may 18 provide such support as the Secretary determines is appro- 19 priate for a parade to be carried out in the District of 20 Columbia. In providing support under this subsection, the 21 Secretary may expend funds for the display of small arms 22 and munitions appropriate for customary ceremonial hon- 23 ors and for the participation of military units that perform 24 customary ceremonial duties. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00739 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 740 HR 5515 PCS (b) PROHIBITION.—In providing support for a parade 1 as described in subsection (a), the Secretary may not ex- 2 pend funds to provide motorized vehicles, aviation plat- 3 forms, munitions other than the munitions specifically de- 4 scribed in subsection (a), operational military units, or 5 operational military platforms if the Secretary determines 6 that providing such units, platforms, or equipment would 7 undermine the readiness of such units, platforms, or 8 equipment. 9 SEC. 1078. NATIONAL COMMISSION ON MILITARY AVIATION 10 SAFETY. 11 (a) ESTABLISHMENT.—There is established the Na- 12 tional Commission on Military Aviation Safety (in this sec- 13 tion referred to as the ‘‘Commission’’). 14 (b) MEMBERSHIP.— 15 (1) COMPOSITION.—The Commission shall be 16 composed of eight members, of whom— 17 (A) four shall be appointed by the Presi- 18 dent; 19 (B) one shall be appointed by the Chair- 20 man of the Committee on Armed Services of 21 the Senate; 22 (C) one shall be appointed by the Ranking 23 Member of the Committee on Armed Services of 24 the Senate; 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00740 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 741 HR 5515 PCS (D) one shall be appointed by the Chair- 1 man of the Committee on Armed Services of 2 the House of Representatives; and 3 (E) one shall be appointed by the Ranking 4 Member of the Committee on Armed Services of 5 the House of Representatives. 6 (2) APPOINTMENT DATE.—The appointments of 7 the members of the Commission shall be made not 8 later than 90 days after the date of the enactment 9 of this Act. 10 (3) EFFECT OF LACK OF APPOINTMENT BY AP- 11 POINTMENT DATE.—If one or more appointments 12 under subparagraph (A) of paragraph (1) is not 13 made by the appointment date specified in para- 14 graph (2), the authority to make such appointment 15 or appointments shall expire, and the number of 16 members of the Commission shall be reduced by the 17 number equal to the number of appointments so not 18 made. If an appointment under subparagraph (B), 19 (C), (D), or (E) of paragraph (1) is not made by the 20 appointment date specified in paragraph (2), the au- 21 thority to make an appointment under such subpara- 22 graph shall expire, and the number of members of 23 the Commission shall be reduced by the number 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00741 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 742 HR 5515 PCS equal to the number otherwise appointable under 1 such subparagraph. 2 (4) EXPERTISE.—In making appointments 3 under this subsection, consideration should be given 4 to individuals with expertise in military aviation 5 training, aviation technology, military aviation oper- 6 ations, aircraft sustainment and repair, aviation per- 7 sonnel policy, aerospace physiology, and reserve com- 8 ponent policy. 9 (c) PERIOD OF APPOINTMENT; VACANCIES.—Mem- 10 bers shall be appointed for the life of the Commission. Any 11 vacancy in the Commission shall not affect its powers, but 12 shall be filled in the same manner as the original appoint- 13 ment. 14 (d) CHAIR AND VICE CHAIR.—The Commission shall 15 select a Chair and Vice Chair from among its members. 16 (e) MEETINGS.— 17 (1) IN GENERAL.—The Commission shall meet 18 at the call of the Chair. 19 (2) INITIAL MEETING.—Not later than 30 days 20 after the date on which all members of the Commis- 21 sion have been appointed, the Commission shall hold 22 its initial meeting. 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00742 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 743 HR 5515 PCS (3) QUORUM.—A majority of the members of 1 the Commission shall constitute a quorum, but a 2 lesser number of members may hold hearings. 3 (f) DUTIES.— 4 (1) STUDY ON MILITARY AVIATION SAFETY.— 5 The Commission shall undertake a comprehensive 6 study of United States military aviation mishaps 7 that occurred between fiscal years 2013 and 2018 in 8 order— 9 (A) to assess the rates of military aviation 10 mishaps between fiscal years 2013 and 2018 11 compared to historic aviation mishap rates; 12 (B) to make an assessment of the under- 13 lying causes contributing to the unexplained 14 physiological effects; 15 (C) to make an assessment of causes con- 16 tributing to delays in aviation maintenance and 17 limiting operational availability of aircraft; 18 (D) to make an assessment of the causes 19 contributing to military aviation mishaps; and 20 (E) to make recommendations on the 21 modifications, if any, of safety, training, main- 22 tenance, personnel, or other policies related to 23 military aviation safety. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00743 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 744 HR 5515 PCS (2) REPORT.—Not later than June 1, 2019, the 1 Commission shall submit to the President and the 2 congressional defense committees a report setting 3 forth a detailed statement of the findings and con- 4 clusions of the Commission as a result of the study 5 required by paragraph (1), together with the rec- 6 ommendations of the Commission for such legislative 7 and administrative actions as the Commission con- 8 siders appropriate in light of the results of the 9 study. 10 (g) POWERS.— 11 (1) HEARINGS.—The Commission may hold 12 such hearings, sit and act at such times and places, 13 take such testimony, and receive such evidence as 14 the Commission considers advisable to carry out its 15 duties under this subtitle. 16 (2) INFORMATION FROM DEPARTMENT.—The 17 Commission may secure directly from any element of 18 the Department of Defense such information as the 19 Commission considers necessary to carry out its du- 20 ties under this subtitle. Upon request of the Chair 21 of the Commission, the head of such element shall 22 furnish such information to the Commission. 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00744 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 745 HR 5515 PCS (h) TERMINATION.—The Commission shall terminate 1 90 days after the date on which the Commission submits 2 the report required under subsection (f)(2). 3 (i) SENSE OF CONGRESS.—It is the sense of Con- 4 gress that— 5 (1) the Secretary of Defense should take every 6 immediate action to make necessary repairs to avia- 7 tion systems and increase pilot training and pro- 8 ficiency without assuming additional risk to flight 9 safety; and 10 (2) this Act and the Defense Appropriations 11 Act for fiscal year 2019 should be enacted into law 12 by not later than October 1, 2018, at the maximum 13 amount permitted by the Bipartisan Budget Act of 14 2018 (Public Law 115–23) without being condi- 15 tioned on any other issue and without regard to any 16 issue or difference of opinion. 17 SEC. 1079. TARGET PRACTICE AND MARKSMANSHIP TRAIN- 18 ING SUPPORT. 19 (a) FINDINGS; PURPOSE.— 20 (1) FINDINGS.—Congress finds that— 21 (A) the use of firearms and archery equip- 22 ment for target practice and marksmanship 23 training activities on Federal land is allowed, 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00745 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 746 HR 5515 PCS except to the extent specific portions of that 1 land have been closed to those activities; 2 (B) in recent years preceding the date of 3 enactment of this section, portions of Federal 4 land have been closed to target practice and 5 marksmanship training for many reasons; 6 (C) the availability of public target ranges 7 on non-Federal land has been declining for a 8 variety of reasons, including continued popu- 9 lation growth and development near former 10 ranges; 11 (D) providing opportunities for target 12 practice and marksmanship training at public 13 target ranges on Federal and non-Federal land 14 can help— 15 (i) to promote enjoyment of shooting, 16 recreational, and hunting activities; and 17 (ii) to ensure safe and convenient lo- 18 cations for those activities; 19 (E) Federal law in effect on the date of en- 20 actment of this section, including the Pittman- 21 Robertson Wildlife Restoration Act (16 U.S.C. 22 669 et seq.), provides Federal support for con- 23 struction and expansion of public target ranges 24 by making available to States amounts that 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00746 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 747 HR 5515 PCS may be used for construction, operation, and 1 maintenance of public target ranges; and 2 (F) it is in the public interest to provide 3 increased Federal support to facilitate the con- 4 struction or expansion of public target ranges. 5 (2) PURPOSE.—The purpose of this section is 6 to facilitate the construction and expansion of public 7 target ranges, including ranges on Federal land 8 managed by the Forest Service and the Bureau of 9 Land Management. 10 (b) AMENDMENTS TO PITTMAN-ROBERTSON WILD- 11 LIFE RESTORATION ACT.— 12 (1) DEFINITIONS.—Section 2 of the Pittman- 13 Robertson Wildlife Restoration Act (16 U.S.C. 14 669a) is amended— 15 (A) by redesignating paragraphs (2) 16 through (8) as paragraphs (3) through (9), re- 17 spectively; and 18 (B) by inserting after paragraph (1) the 19 following: 20 ‘‘(2) the term ‘public target range’ means a 21 specific location that— 22 ‘‘(A) is identified by a governmental agen- 23 cy for recreational shooting; 24 ‘‘(B) is open to the public; 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00747 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 748 HR 5515 PCS ‘‘(C) may be supervised; and 1 ‘‘(D) may accommodate archery or rifle, 2 pistol, or shotgun shooting;’’. 3 (2) EXPENDITURES FOR MANAGEMENT OF 4 WILDLIFE AREAS AND RESOURCES.—Section 8(b) of 5 the Pittman-Robertson Wildlife Restoration Act (16 6 U.S.C. 669g(b)) is amended— 7 (A) by striking ‘‘(b) Each State’’ and in- 8 serting the following: 9 ‘‘(b) EXPENDITURES FOR MANAGEMENT OF WILD- 10 LIFE AREAS AND RESOURCES.— 11 ‘‘(1) IN GENERAL.—Except as provided in para- 12 graph (2), each State’’; 13 (B) in paragraph (1) (as so designated), by 14 striking ‘‘construction, operation,’’ and insert- 15 ing ‘‘operation’’; 16 (C) in the second sentence, by striking 17 ‘‘The non-Federal share’’ and inserting the fol- 18 lowing: 19 ‘‘(3) NON-FEDERAL SHARE.—The non-Federal 20 share’’; 21 (D) in the third sentence, by striking ‘‘The 22 Secretary’’ and inserting the following: 23 ‘‘(4) REGULATIONS.—The Secretary’’; and 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00748 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 749 HR 5515 PCS (E) by inserting after paragraph (1) (as 1 designated by paragraph (1) of this subsection) 2 the following: 3 ‘‘(2) EXCEPTION.—Notwithstanding the limita- 4 tion described in paragraph (1), a State may pay up 5 to 90 percent of the cost of acquiring land for, ex- 6 panding, or constructing a public target range.’’. 7 (3) FIREARM AND BOW HUNTER EDUCATION 8 AND SAFETY PROGRAM GRANTS.—Section 10 of the 9 Pittman-Robertson Wildlife Restoration Act (16 10 U.S.C. 669h–1) is amended— 11 (A) in subsection (a), by adding at the end 12 the following: 13 ‘‘(3) ALLOCATION OF ADDITIONAL AMOUNTS.— 14 Of the amount apportioned to a State for any fiscal 15 year under section 4(b), the State may elect to allo- 16 cate not more than 10 percent, to be combined with 17 the amount apportioned to the State under para- 18 graph (1) for that fiscal year, for acquiring land for, 19 expanding, or constructing a public target range.’’; 20 (B) by striking subsection (b) and insert- 21 ing the following: 22 ‘‘(b) COST SHARING.— 23 ‘‘(1) IN GENERAL.—Except as provided in para- 24 graph (2), the Federal share of the cost of any activ- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00749 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 750 HR 5515 PCS ity carried out using a grant under this section shall 1 not exceed 75 percent of the total cost of the activ- 2 ity. 3 ‘‘(2) PUBLIC TARGET RANGE CONSTRUCTION OR 4 EXPANSION.—The Federal share of the cost of ac- 5 quiring land for, expanding, or constructing a public 6 target range in a State on Federal or non-Federal 7 land pursuant to this section or section 8(b) shall 8 not exceed 90 percent of the cost of the activity.’’; 9 and 10 (C) in subsection (c)(1)— 11 (i) by striking ‘‘Amounts made’’ and 12 inserting the following: 13 ‘‘(A) IN GENERAL.—Except as provided in 14 subparagraph (B), amounts made’’; and 15 (ii) by adding at the end the fol- 16 lowing: 17 ‘‘(B) EXCEPTION.—Amounts provided for 18 acquiring land for, constructing, or expanding a 19 public target range shall remain available for 20 expenditure and obligation during the 5-fiscal- 21 year period beginning on October 1 of the first 22 fiscal year for which the amounts are made 23 available.’’. 24 (c) LIMITS ON LIABILITY.— 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00750 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 751 HR 5515 PCS (1) DISCRETIONARY FUNCTION.—For purposes 1 of chapter 171 of title 28, United States Code (com- 2 monly referred to as the ‘‘Federal Tort Claims 3 Act’’), any action by an agent or employee of the 4 United States to manage or allow the use of Federal 5 land for purposes of target practice or marksman- 6 ship training by a member of the public shall be con- 7 sidered to be the exercise or performance of a discre- 8 tionary function. 9 (2) CIVIL ACTION OR CLAIMS.—Except to the 10 extent provided in chapter 171 of title 28, United 11 States Code, the United States shall not be subject 12 to any civil action or claim for money damages for 13 any injury to or loss of property, personal injury, or 14 death caused by an activity occurring at a public 15 target range that is— 16 (A) funded in whole or in part by the Fed- 17 eral Government pursuant to the Pittman-Rob- 18 ertson Wildlife Restoration Act (16 U.S.C. 669 19 et seq.); or 20 (B) located on Federal land. 21 (d) SENSE OF CONGRESS REGARDING COOPERA- 22 TION.—It is the sense of Congress that, consistent with 23 applicable laws and regulations, the Chief of the Forest 24 Service and the Director of the Bureau of Land Manage- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00751 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 752 HR 5515 PCS ment should cooperate with State and local authorities and 1 other entities to carry out waste removal and other activi- 2 ties on any Federal land used as a public target range 3 to encourage continued use of that land for target practice 4 or marksmanship training. 5 (e) DEFINITION OF PUBLIC TARGET RANGE.—In 6 this section, the term ‘‘public target range’’ means a spe- 7 cific location that— 8 (1) is identified by a governmental agency for 9 recreational shooting; 10 (2) is open to the public; 11 (3) may be supervised; and 12 (4) may accommodate archery or rifle, pistol, or 13 shotgun shooting. 14 SEC. 1080. SENSE OF CONGRESS ON ADVERSARY AIR CAPA- 15 BILITIES. 16 It is the sense of Congress that each facility of the 17 Department of Defense housing an F–22 aircraft squad- 18 ron should have adversary air capabilities to improve the 19 training of F–22 aircrews. 20 SEC. 1081. SENSE OF CONGRESS REGARDING ORGANIC AT- 21 TACK AVIATOR TRAINING CAPABILITY. 22 It is the sense of Congress that— 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00752 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 753 HR 5515 PCS (1) retaining attack rotary wing aviation assets 1 in the Army National Guard continues to be impor- 2 tant; 3 (2) the National Guard should retain organic 4 attack aviation training capacity; and 5 (3) the Western and Eastern Army Aviation 6 Training Sites have proven invaluable in maintaining 7 Army National Guard aviation readiness. 8 SEC. 1082. SENSE OF CONGRESS ON THE LEGACY, CON- 9 TRIBUTIONS, AND SACRIFICES OF AMERICAN 10 INDIAN AND ALASKA NATIVES IN THE ARMED 11 FORCES. 12 (a) FINDINGS.—Congress finds the following: 13 (1) The United States celebrates Native Amer- 14 ican History Month each November to recognize and 15 honor the history and achievements of Native Ameri- 16 cans. 17 (2) American Indian and Alaska Natives serve 18 in all branches of the Armed Forces, attend all serv- 19 ice academies, and defend our country with valiance, 20 pride, and honor. 21 (3) More than 30,000 active duty, reserve, and 22 National Guard members of the Armed Forces iden- 23 tify as Native American. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00753 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 754 HR 5515 PCS (4) American Indian and Alaska Natives have 1 served and continue to serve in the highest propor- 2 tions to population than any other ethnic group. 3 (5) American Indian and Alaska Natives have 4 served in every war, from the Revolutionary War to 5 current overseas conflicts. 6 (6) Native American veterans are Congressional 7 Medal of Honor, Congressional Gold and Silver Med- 8 als, Purple Heart, and Bronze Star Medal recipi- 9 ents. 10 (7) American Indian and Alaska Native women 11 serve in Armed Forces in higher proportions than 12 any other ethnic group. 13 (8) Native American Code Talkers and their 14 languages proved an invaluable asset during World 15 Wars I and II. 16 (9) Ira Hayes, Akimel O’odham (Pima) helped 17 to raise the American flag on Iwo Jima; 18 (10) Dr. Joseph Medicine Crow, Apsa´alooke 19 (Crow), served in WWII and became a war chief. 20 (11) Numerous present and past military air- 21 craft, helicopters, and munitions programs bear the 22 names of Native American tribes and tribal leaders 23 to honor their legacy of martial prowess, including 24 the Apache, Kiowa, Black Hawk, Lakota, Chinook, 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00754 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 755 HR 5515 PCS Huron, Iroquois, Comanche, Cayuse, Chickasaw, 1 Ute, Gray Eagle, Mescalero, Tomahawk, and more. 2 (12) Native American tribes commonly take 3 part in ceremonies alongside military units to bless 4 new aircraft and mark successful inception of new 5 fleets. 6 (13) More than 140,000 veterans across the 7 United States identify as Native American. 8 (14) Each November, the Department of De- 9 fense honors the unique and special relationship with 10 tribal communities during Native American Heritage 11 Month. 12 (b) SENSE OF CONGRESS.—It is the sense of Con- 13 gress that Congress— 14 (1) recognizes and honors the legacy and con- 15 tributions of American Indian and Alaska Natives 16 and tribal communities to the military of the United 17 States; and 18 (2) commits to ensuring progress for American 19 Indian and Alaska Native members of the Armed 20 Forces and veterans with regard to representation in 21 senior military leadership positions, improving access 22 to culturally competent resources and services, and 23 supporting families and tribal communities. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00755 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 756 HR 5515 PCS SEC. 1083. AMATEUR RADIO PARITY. 1 (a) FINDINGS.—Congress finds the following: 2 (1) More than 730,000 radio amateurs in the 3 United States are licensed by the Federal Commu- 4 nications Commission in the amateur radio services. 5 (2) Amateur radio, at no cost to taxpayers, pro- 6 vides a fertile ground for technical self-training in 7 modern telecommunications, electronics technology, 8 and emergency communications techniques and pro- 9 tocols. 10 (3) There is a strong Federal interest in the ef- 11 fective performance of amateur stations established 12 at the residences of licensees. Such stations have 13 been shown to be frequently and increasingly pre- 14 cluded by unreasonable private land use restrictions, 15 including restrictive covenants. 16 (4) Federal Communications Commission regu- 17 lations have for three decades prohibited the applica- 18 tion to stations in the amateur service of State and 19 local regulations that preclude or fail to reasonably 20 accommodate amateur service communications, or 21 that do not constitute the minimum practicable reg- 22 ulation to accomplish a legitimate State or local pur- 23 pose. Commission policy has been and is to require 24 States and localities to permit erection of a station 25 antenna structure at heights and dimensions suffi- 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00756 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 757 HR 5515 PCS cient to accommodate amateur service communica- 1 tions. 2 (5) The Commission has sought guidance and 3 direction from Congress with respect to the applica- 4 tion of the Commission’s limited preemption policy 5 regarding amateur service communications to private 6 land use restrictions, including restrictive covenants. 7 (6) There are aesthetic and common property 8 considerations that are uniquely applicable to private 9 land use regulations and the community associations 10 obligated to enforce covenants, conditions, and re- 11 strictions in deed-restricted communities. These con- 12 siderations are dissimilar to those applicable to State 13 law and local ordinances regulating the same resi- 14 dential amateur radio facilities. 15 (7) In recognition of these considerations, a 16 separate Federal policy than exists at section 17 97.15(b) of title 47, Code of Federal Regulations, is 18 warranted concerning amateur service communica- 19 tions in deed-restricted communities. 20 (8) Community associations should fairly ad- 21 minister private land use regulations in the interest 22 of their communities, while nevertheless permitting 23 the installation and maintenance of effective outdoor 24 amateur radio antennas. There exist antenna de- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00757 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 758 HR 5515 PCS signs and installations that can be consistent with 1 the aesthetics and physical characteristics of land 2 and structures in community associations while ac- 3 commodating communications in the amateur radio 4 services. 5 (b) APPLICATION OF PRIVATE LAND USE RESTRIC- 6 TIONS TO AMATEUR STATIONS.— 7 (1) AMENDMENT OF FCC RULES.—Not later 8 than 120 days after the date of the enactment of 9 this Act, the Federal Communications Commission 10 shall amend section 97.15 of title 47, Code of Fed- 11 eral Regulations, by adding a new paragraph that 12 prohibits the application to amateur stations of any 13 private land use restriction, including a restrictive 14 covenant, that— 15 (A) on its face or as applied, precludes 16 communications in an amateur radio service; 17 (B) fails to permit a licensee in an ama- 18 teur radio service to install and maintain an ef- 19 fective outdoor antenna on property under the 20 exclusive use or control of the licensee; or 21 (C) does not constitute the minimum prac- 22 ticable restriction on such communications to 23 accomplish the lawful purposes of a community 24 association seeking to enforce such restriction. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00758 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 759 HR 5515 PCS (2) ADDITIONAL REQUIREMENTS.—In amend- 1 ing its rules as required by subsection (a), the Com- 2 mission shall— 3 (A) require any licensee in an amateur 4 radio service to notify and obtain prior approval 5 from a community association concerning in- 6 stallation of an outdoor antenna; 7 (B) permit a community association to 8 prohibit installation of any antenna or antenna 9 support structure by a licensee in an amateur 10 radio service on common property not under the 11 exclusive use or control of the licensee; and 12 (C) subject to the standards specified in 13 paragraphs (1) and (2) of subsection (a), per- 14 mit a community association to establish rea- 15 sonable written rules concerning height, loca- 16 tion, size, and aesthetic impact of, and installa- 17 tion requirements for, outdoor antennas and 18 support structures for the purpose of con- 19 ducting communications in the amateur radio 20 services. 21 (c) AFFIRMATION OF LIMITED PREEMPTION OF 22 STATE AND LOCAL LAND USE REGULATION.—The Fed- 23 eral Communications Commission may not change section 24 97.15(b) of title 47, Code of Federal Regulations, which 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00759 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 760 HR 5515 PCS shall remain applicable to State and local land use regula- 1 tion of amateur service communications. 2 (d) DEFINITIONS.—In this section: 3 (1) The term ‘‘community association’’ means 4 any non-profit mandatory membership organization 5 composed of owners of real estate described in a dec- 6 laration of covenants or created pursuant to a cov- 7 enant or other applicable law with respect to which 8 a person, by virtue of the person’s ownership of or 9 interest in a unit or parcel, is obligated to pay for 10 a share of real estate taxes, insurance premiums, 11 maintenance, improvement, services, or other ex- 12 penses related to common elements, other units, or 13 any other real estate other than the unit or parcel 14 described in the declaration. 15 (2) The terms ‘‘amateur radio services’’, ‘‘ama- 16 teur service’’, and ‘‘amateur station’’ have the mean- 17 ings given such terms in section 97.3 of title 47, 18 Code of Federal Regulations. 19 SEC. 1084. SENSE OF CONGRESS REGARDING THE INTER- 20 NATIONAL BORDERS OF THE UNITED STATES. 21 It is the sense of Congress that— 22 (1) gaining and maintaining situational aware- 23 ness and operational control of the international bor- 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00760 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 761 HR 5515 PCS ders of the United States is critical to national secu- 1 rity; 2 (2) the United States Government must devote 3 adequate resources to securing the border, both at, 4 and between, ports of entry, and the agency tasked 5 with that mission, the Department of Homeland Se- 6 curity, should be adequately resourced to conduct 7 such mission; and 8 (3) the Department of Defense must ensure 9 that when it acts in support of that mission, such 10 as when mobilized by the President to conduct 11 homeland defense activities, or when military facili- 12 ties are adjacent to an international border of the 13 United States, it has adequate resources, capabili- 14 ties, and authorities to carry out the mission while 15 maintaining combat readiness. 16 SEC. 1085. PROGRAM TO COMMEMORATE 75TH ANNIVER- 17 SARY OF WORLD WAR II. 18 (a) COMMEMORATIVE PROGRAM AUTHORIZED.—The 19 Secretary of Defense shall conduct a program to com- 20 memorate the 75th anniversary of World War II. In con- 21 ducting the commemorative program, the Secretary shall 22 support and facilitate other programs and activities of the 23 Federal Government, State and local governments, and 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00761 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 762 HR 5515 PCS not-for-profit organizations in commemoration of the 75th 1 anniversary of World War II. 2 (b) COMMEMORATIVE ACTIVITIES AND OBJEC- 3 TIVES.—The commemorative program may include activi- 4 ties and ceremonies to achieve the following objectives: 5 (1) To thank and honor veterans of World War 6 II, including personnel who were held as prisoners of 7 war or listed as missing in action, for their service 8 and sacrifice on behalf of the United States and to 9 thank and honor the families of these veterans. 10 (2) To educate the public about the history of 11 World War II and highlight the service of the Armed 12 Forces during World War II and the contributions 13 of Federal agencies and governmental and non- 14 governmental organizations that served with, or in 15 support of, the Armed Forces. 16 (3) To pay tribute to the contributions made on 17 the home front by the people of the United States 18 during World War II. 19 (4) To recognize the contributions and sac- 20 rifices made by the allies of the United States dur- 21 ing World War II. 22 (5) To remember the Holocaust, the annihila- 23 tion of 6,000,000 Jews by the Nazi regime, and to 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00762 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 763 HR 5515 PCS pay tribute to the Allied troops who liberated Nazi 1 concentration camps during World War II. 2 (c) NAMES AND SYMBOLS.—The Secretary of De- 3 fense shall have the sole and exclusive right to use the 4 name ‘‘The United States of America 75th Anniversary 5 of World War II Commemoration’’, and such seal, em- 6 blems, and badges incorporating such name as the Sec- 7 retary may lawfully adopt. Nothing in this section may 8 be construed to supersede rights that are established or 9 vested before the date of the enactment of this Act. 10 (d) COMMEMORATIVE FUND.— 11 (1) ESTABLISHMENT AND ADMINISTRATION.— 12 Upon the Secretary establishing the commemorative 13 program under subsection (a), the Secretary of the 14 Treasury shall establish in the Treasury of the 15 United States an account to be known as the ‘‘De- 16 partment of Defense World War II Commemoration 17 Fund’’ (in this section referred to as the ‘‘Fund’’). 18 The Fund shall be administered by the Secretary of 19 Defense. 20 (2) USE OF FUND.—The Secretary of Defense 21 shall use the assets of the Fund only for the purpose 22 of conducting the commemorative program and pro- 23 viding grants to State and local governments and 24 not-for-profit organizations for commemorative ac- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00763 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 764 HR 5515 PCS tivities, and shall prescribe such regulations regard- 1 ing the use of the Fund as the Secretary considers 2 to be necessary. 3 (3) DEPOSITS.—The following shall be depos- 4 ited into the Fund: 5 (A) Amounts appropriated to the Fund. 6 (B) Proceeds derived from the Secretary’s 7 use of the exclusive rights described in sub- 8 section (c). 9 (C) Donations made in support of the com- 10 memorative program by private and corporate 11 donors. 12 (D) Funds transferred to the Fund by the 13 Secretary from funds appropriated for fiscal 14 year 2019 and subsequent years for the Depart- 15 ment of Defense. 16 (4) AVAILABILITY.—Subject to subsection 17 (g)(2), amounts deposited under paragraph (3) shall 18 constitute the assets of the Fund and remain avail- 19 able until expended. 20 (5) BUDGET REQUEST.—The Secretary of De- 21 fense may establish a separate budget line for the 22 commemorative program. In the budget justification 23 materials submitted by the Secretary in support of 24 the budget of the President for any fiscal year for 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00764 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 765 HR 5515 PCS which the Secretary establishes the separate budget 1 line, the Secretary shall— 2 (A) identify and explain any amounts ex- 3 pended for the commemorative program in the 4 fiscal year preceding the budget request; 5 (B) identify and explain the amounts being 6 requested to support the commemorative pro- 7 gram for the fiscal year of the budget request; 8 and 9 (C) present a summary of the fiscal status 10 of the Fund. 11 (e) ACCEPTANCE OF VOLUNTARY SERVICES.— 12 (1) AUTHORITY TO ACCEPT SERVICES.—Not- 13 withstanding section 1342 of title 31, United States 14 Code, the Secretary of Defense may accept from any 15 person voluntary services to be provided in further- 16 ance of the commemorative program. The Secretary 17 of Defense shall prohibit the solicitation of any vol- 18 untary services if the nature or circumstances of 19 such solicitation would compromise the integrity or 20 the appearance of integrity of any program of the 21 Department of Defense or of any individual involved 22 in the program. 23 (2) REIMBURSEMENT OF INCIDENTAL EX- 24 PENSES.—The Secretary may provide for reimburse- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00765 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 766 HR 5515 PCS ment of incidental expenses incurred by a person 1 providing voluntary services under this subsection. 2 The Secretary shall determine which expenses are el- 3 igible for reimbursement under this paragraph. 4 (f) CONSULTATION WITH DIRECTOR OF THE UNITED 5 STATES HOLOCAUST MEMORIAL MUSEUM.—In designing 6 the commemorative program conducted under this section, 7 the Secretary of Defense shall consult with the Director 8 of the United States Holocaust Memorial Museum. 9 (g) FINAL REPORT.— 10 (1) REPORT REQUIRED.—Not later than 60 11 days after the end of the commemorative program 12 established by the Secretary of Defense under sub- 13 section (a), the Secretary shall submit to Congress 14 a report containing an accounting of— 15 (A) all of the funds deposited into and ex- 16 pended from the Fund; 17 (B) any other funds expended under this 18 section; and 19 (C) any unobligated funds remaining in 20 the Fund. 21 (2) TREATMENT OF UNOBLIGATED FUNDS.— 22 Unobligated amounts remaining in the Fund as of 23 the end of the commemorative period shall be held 24 in the Fund until transferred by law. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00766 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 767 HR 5515 PCS (h) LIMITATION ON EXPENDITURES.—Total expendi- 1 tures from the Fund, using amounts appropriated to the 2 Department of Defense, may not exceed $5,000,000 for 3 fiscal year 2019 or for any subsequent fiscal year to carry 4 out the commemorative program. 5 (i) FUNDING.—Of the amount authorized to be ap- 6 propriated by this Act or otherwise made available for fis- 7 cal year 2019 for operation and maintenance, Defense- 8 wide activities, $2,000,000 shall be available for deposit 9 in the Fund. 10 SEC. 1086. COMPLIANCE WITH REQUIREMENTS RELATING 11 TO RECIPROCITY OF SECURITY CLEARANCE 12 AND ACCESS DETERMINATIONS. 13 The Secretary of Defense shall take such steps as 14 may be necessary to ensure the expedited compliance of 15 the Department of Defense with section 3001(d) of the 16 Intelligence Reform and Terrorism Prevention Act of 17 2004 (Public Law 108–458; 50 U.S.C. 3341(d)). 18 SEC. 1087. ASSESSMENT REGARDING ELIGIBILITY FOR 19 COMPENSATION FOR COMPENSABLE DIS- 20 EASES UNDER THE RADIATION EXPOSURE 21 COMPENSATION ACT. 22 (a) ASSESSMENT.—The National Cancer Institute 23 and the Centers for Disease Control and Prevention shall 24 assess the application of probability of causation/assigned 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00767 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 768 HR 5515 PCS share (in this section referred to as ‘‘PC/AS’’) to deter- 1 mine eligibility for compensation for compensable diseases 2 under the Radiation Exposure Compensation Act (Public 3 Law 101–426; 42 U.S.C. 2210 note) in downwind popu- 4 lations in the continental United States, Alaska, Hawaii, 5 and the possessions and territories of the United States. 6 To carry out the assessment, the National Cancer Insti- 7 tute and the Centers for Disease Control and Prevention 8 shall, at a minimum— 9 (1) complete the work begun in the late 1990s 10 to develop dose estimates for downwind populations 11 in such locations from fallout from nuclear weapons 12 testing by the United States; and 13 (2) estimate the portions of these downwind 14 populations that could become eligible for compensa- 15 tion compensable diseases under such Act for each 16 of the following PC/AS criteria: 17 (A) Median PC/AS > 0.5. 18 (B) PC/AS > 0.5 at the 80 percent credi- 19 bility limit. 20 (C) PC/AS > 0.5 at the 99 percent credi- 21 bility limit. 22 (b) PROVISION OF INFORMATION.—Not later than 60 23 days after the date of the enactment of this Act, the Na- 24 tional Cancer Institute and the Centers for Disease Con- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00768 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 769 HR 5515 PCS trol and Prevention shall inform Congress of the time and 1 resources required to carry out the assessment under sub- 2 section (a). 3 SEC. 1088. USE OF GI BENEFITS FOR AGRICULTURE-RE- 4 LATED EDUCATION PROGRAMS. 5 The Secretary, in consultation with the Secretary of 6 Labor and the Secretary of Veterans Affairs, shall provide 7 guidance and resources for individuals interested in using 8 educational benefits under chapter 30, 31, 32, 33, 34, or 9 35 of title 38, United States Code, or chapter 1606 or 10 1607 of title 10, United States Code, for agriculture-re- 11 lated education programs. 12 SEC. 1089. ARCTIC SURVIVAL TRAINING. 13 The Secretary of Defense shall ensure that in devel- 14 oping any Arctic survival curriculum, the Department of 15 Defense shall engage with local indigenous communities 16 for their traditional knowledge. 17 SEC. 1090. PRIVACY PROTECTIONS FOR ELECTRONIC COM- 18 MUNICATIONS INFORMATION THAT IS 19 STORED BY THIRD-PARTY SERVICE PRO- 20 VIDERS. 21 (a) VOLUNTARY DISCLOSURE CORRECTIONS.— 22 (1) IN GENERAL.—Section 2702 of title 18, 23 United States Code, is amended— 24 (A) in subsection (a)— 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00769 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 770 HR 5515 PCS (i) in paragraph (1)— 1 (I) by striking ‘‘divulge’’ and in- 2 serting ‘‘disclose’’; and 3 (II) by striking ‘‘while in elec- 4 tronic storage by that service’’ and in- 5 serting ‘‘that is in electronic storage 6 with or otherwise stored, held, or 7 maintained by that service’’; 8 (ii) in paragraph (2)— 9 (I) by striking ‘‘to the public’’; 10 (II) by striking ‘‘divulge’’ and in- 11 serting ‘‘disclose’’; and 12 (III) by striking ‘‘which is car- 13 ried or maintained on that service’’ 14 and inserting ‘‘that is stored, held, or 15 maintained by that service’’; and 16 (iii) in paragraph (3)— 17 (I) by striking ‘‘divulge’’ and in- 18 serting ‘‘disclose’’; and 19 (II) by striking ‘‘a provider of’’ 20 and inserting ‘‘a person or entity pro- 21 viding’’; 22 (B) in subsection (b)— 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00770 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 771 HR 5515 PCS (i) in the matter preceding paragraph 1 (1), by inserting ‘‘wire or electronic’’ be- 2 fore ‘‘communication’’; 3 (ii) by amending paragraph (1) to 4 read as follows: 5 ‘‘(1) to an originator, addressee, or intended re- 6 cipient of such communication, to the subscriber or 7 customer on whose behalf the provider stores, holds, 8 or maintains such communication, or to an agent of 9 such addressee, intended recipient, subscriber, or 10 customer;’’; and 11 (iii) by amending paragraph (3) to 12 read as follows: 13 ‘‘(3) with the lawful consent of the originator, 14 addressee, or intended recipient of such communica- 15 tion, or of the subscriber or customer on whose be- 16 half the provider stores, holds, or maintains such 17 communication;’’; 18 (C) in subsection (c) by inserting ‘‘wire or 19 electronic’’ before ‘‘communications’’; 20 (D) in each of subsections (b) and (c), by 21 striking ‘‘divulge’’ and inserting ‘‘disclose’’; and 22 (E) in subsection (c), by amending para- 23 graph (2) to read as follows: 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00771 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 772 HR 5515 PCS ‘‘(2) with the lawful consent of the subscriber 1 or customer;’’. 2 (b) AMENDMENTS TO REQUIRED DISCLOSURE SEC- 3 TION.—Section 2703 of title 18, United States Code, is 4 amended— 5 (1) by striking subsections (a) through (c) and 6 inserting the following: 7 ‘‘(a) CONTENTS OF WIRE OR ELECTRONIC COMMU- 8 NICATIONS IN ELECTRONIC STORAGE.—Except as pro- 9 vided in subsections (i) and (j), a governmental entity may 10 require the disclosure by a provider of electronic commu- 11 nication service of the contents of a wire or electronic com- 12 munication that is in electronic storage with or otherwise 13 stored, held, or maintained by that service only if the gov- 14 ernmental entity obtains a warrant issued using the proce- 15 dures described in the Federal Rules of Criminal Proce- 16 dure (or, in the case of a State court, issued using State 17 warrant procedures) that— 18 ‘‘(1) is issued by a court of competent jurisdic- 19 tion; and 20 ‘‘(2) may indicate the date by which the pro- 21 vider must make the disclosure to the governmental 22 entity. 23 In the absence of a date on the warrant indicating the 24 date by which the provider must make disclosure to the 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00772 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 773 HR 5515 PCS governmental entity, the provider shall promptly respond 1 to the warrant. 2 ‘‘(b) CONTENTS OF WIRE OR ELECTRONIC COMMU- 3 NICATIONS IN A REMOTE COMPUTING SERVICE.— 4 ‘‘(1) IN GENERAL.—Except as provided in sub- 5 sections (i) and (j), a governmental entity may re- 6 quire the disclosure by a provider of remote com- 7 puting service of the contents of a wire or electronic 8 communication that is stored, held, or maintained by 9 that service only if the governmental entity obtains 10 a warrant issued using the procedures described in 11 the Federal Rules of Criminal Procedure (or, in the 12 case of a State court, issued using State warrant 13 procedures) that— 14 ‘‘(A) is issued by a court of competent ju- 15 risdiction; and 16 ‘‘(B) may indicate the date by which the 17 provider must make the disclosure to the gov- 18 ernmental entity. 19 In the absence of a date on the warrant indicating 20 the date by which the provider must make disclosure 21 to the governmental entity, the provider shall 22 promptly respond to the warrant. 23 ‘‘(2) APPLICABILITY.—Paragraph (1) is appli- 24 cable with respect to any wire or electronic commu- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00773 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 774 HR 5515 PCS nication that is stored, held, or maintained by the 1 provider— 2 ‘‘(A) on behalf of, and received by means 3 of electronic transmission from (or created by 4 means of computer processing of communica- 5 tion received by means of electronic trans- 6 mission from), a subscriber or customer of such 7 remote computing service; and 8 ‘‘(B) solely for the purpose of providing 9 storage or computer processing services to such 10 subscriber or customer, if the provider is not 11 authorized to access the contents of any such 12 communications for purposes of providing any 13 services other than storage or computer proc- 14 essing. 15 ‘‘(c) RECORDS CONCERNING ELECTRONIC COMMU- 16 NICATION SERVICE OR REMOTE COMPUTING SERVICE.— 17 ‘‘(1) IN GENERAL.—Except as provided in sub- 18 sections (i) and (j), a governmental entity may re- 19 quire the disclosure by a provider of electronic com- 20 munication service or remote computing service of a 21 record or other information pertaining to a sub- 22 scriber to or customer of such service (not including 23 the contents of wire or electronic communications), 24 only— 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00774 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 775 HR 5515 PCS ‘‘(A) if a governmental entity obtains a 1 warrant issued using the procedures described 2 in the Federal Rules of Criminal Procedure (or, 3 in the case of a State court, issued using State 4 warrant procedures) that— 5 ‘‘(i) is issued by a court of competent 6 jurisdiction directing the disclosure; and 7 ‘‘(ii) may indicate the date by which 8 the provider must make the disclosure to 9 the governmental entity; 10 ‘‘(B) if a governmental entity obtains a 11 court order directing the disclosure under sub- 12 section (d); 13 ‘‘(C) with the lawful consent of the sub- 14 scriber or customer; or 15 ‘‘(D) as otherwise authorized in paragraph 16 (2). 17 ‘‘(2) SUBSCRIBER OR CUSTOMER INFORMA- 18 TION.—A provider of electronic communication serv- 19 ice or remote computing service shall, in response to 20 an administrative subpoena authorized by Federal or 21 State statute, a grand jury, trial, or civil discovery 22 subpoena, or any means available under paragraph 23 (1), disclose to a governmental entity the— 24 ‘‘(A) name; 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00775 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 776 HR 5515 PCS ‘‘(B) address; 1 ‘‘(C) local and long distance telephone con- 2 nection records, or records of session times and 3 durations; 4 ‘‘(D) length of service (including start 5 date) and types of service used; 6 ‘‘(E) telephone or instrument number or 7 other subscriber or customer number or iden- 8 tity, including any temporarily assigned net- 9 work address; and 10 ‘‘(F) means and source of payment for 11 such service (including any credit card or bank 12 account number), 13 of a subscriber or customer of such service. 14 ‘‘(3) NOTICE NOT REQUIRED.—A governmental 15 entity that receives records or information under 16 this subsection is not required to provide notice to 17 a subscriber or customer.’’; 18 (2) in subsection (d)— 19 (A) by striking ‘‘(b) or’’; 20 (B) by striking ‘‘the contents of a wire or 21 electronic communication, or’’; 22 (C) by striking ‘‘sought,’’ and inserting 23 ‘‘sought’’; and 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00776 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 777 HR 5515 PCS (D) by striking ‘‘section’’ and inserting 1 ‘‘subsection’’; and 2 (3) by adding at the end the following: 3 ‘‘(h) NOTICE.—Except as provided in section 2705, 4 a provider of electronic communication service or remote 5 computing service may notify a subscriber or customer of 6 a receipt of a warrant, court order, subpoena, or request 7 under subsection (a), (b), (c), or (d) of this section. 8 ‘‘(i) RULE OF CONSTRUCTION RELATED TO LEGAL 9 PROCESS.—Nothing in this section or in section 2702 10 shall limit the authority of a governmental entity to use 11 an administrative subpoena authorized by Federal or 12 State statute, a grand jury, trial, or civil discovery sub- 13 poena, or a warrant issued using the procedures described 14 in the Federal Rules of Criminal Procedure (or, in the 15 case of a State court, issued using State warrant proce- 16 dures) by a court of competent jurisdiction to— 17 ‘‘(1) require an originator, addressee, or in- 18 tended recipient of a wire or electronic communica- 19 tion to disclose a wire or electronic communication 20 (including the contents of that communication) to 21 the governmental entity; 22 ‘‘(2) require a person or entity that provides an 23 electronic communication service to the officers, di- 24 rectors, employees, or agents of the person or entity 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00777 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 778 HR 5515 PCS (for the purpose of carrying out their duties) to dis- 1 close a wire or electronic communication (including 2 the contents of that communication) to or from the 3 person or entity itself or to or from an officer, direc- 4 tor, employee, or agent of the entity to a govern- 5 mental entity, if the wire or electronic communica- 6 tion is stored, held, or maintained on an electronic 7 communications system owned, operated, or con- 8 trolled by the person or entity; or 9 ‘‘(3) require a person or entity that provides a 10 remote computing service or electronic communica- 11 tion service to disclose a wire or electronic commu- 12 nication (including the contents of that communica- 13 tion) that advertises or promotes a product or serv- 14 ice and that has been made readily accessible to the 15 general public. 16 ‘‘(j) RULE OF CONSTRUCTION RELATED TO CON- 17 GRESSIONAL SUBPOENAS.—Nothing in this section or in 18 section 2702 shall limit the power of inquiry vested in the 19 Congress by article I of the Constitution of the United 20 States, including the authority to compel the production 21 of a wire or electronic communication (including the con- 22 tents of a wire or electronic communication) that is stored, 23 held, or maintained by a person or entity that provides 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00778 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 779 HR 5515 PCS remote computing service or electronic communication 1 service.’’. 2 (c) DELAYED NOTICE.—Section 2705 of title 18, 3 United States Code, is amended to read as follows: 4 ‘‘§ 2705. Delayed notice 5 ‘‘(a) IN GENERAL.—A governmental entity acting 6 under section 2703 may apply to a court for an order di- 7 recting a provider of electronic communication service or 8 remote computing service to which a warrant, order, sub- 9 poena, or other directive under section 2703 is directed 10 not to notify any other person of the existence of the war- 11 rant, order, subpoena, or other directive. 12 ‘‘(b) DETERMINATION.—A court shall grant a re- 13 quest for an order made under subsection (a) for delayed 14 notification of up to 180 days if the court determines that 15 there is reason to believe that notification of the existence 16 of the warrant, order, subpoena, or other directive will 17 likely result in— 18 ‘‘(1) endangering the life or physical safety of 19 an individual; 20 ‘‘(2) flight from prosecution; 21 ‘‘(3) destruction of or tampering with evidence; 22 ‘‘(4) intimidation of potential witnesses; or 23 ‘‘(5) otherwise seriously jeopardizing an inves- 24 tigation or unduly delaying a trial. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00779 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 780 HR 5515 PCS ‘‘(c) EXTENSION.—Upon request by a governmental 1 entity, a court may grant one or more extensions, for peri- 2 ods of up to 180 days each, of an order granted in accord- 3 ance with subsection (b).’’. 4 (d) RULE OF CONSTRUCTION.—Nothing in this sec- 5 tion or an amendment made by this section shall be con- 6 strued to preclude the acquisition by the United States 7 Government of— 8 (1) the contents of a wire or electronic commu- 9 nication pursuant to other lawful authorities, includ- 10 ing the authorities under chapter 119 of title 18 11 (commonly known as the ‘‘Wiretap Act’’), the For- 12 eign Intelligence Surveillance Act of 1978 (50 13 U.S.C. 1801 et seq.), or any other provision of Fed- 14 eral law not specifically amended by this section; or 15 (2) records or other information relating to a 16 subscriber or customer of any electronic communica- 17 tion service or remote computing service (not includ- 18 ing the content of such communications) pursuant to 19 the Foreign Intelligence Surveillance Act of 1978 20 (50 U.S.C. 1801 et seq.), chapter 119 of title 18 21 (commonly known as the ‘‘Wiretap Act’’), or any 22 other provision of Federal law not specifically 23 amended by this section. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00780 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 781 HR 5515 PCS SEC. 1091. LESSONS LEARNED AND BEST PRACTICES ON 1 PROGRESS OF GENDER INTEGRATION IMPLE- 2 MENTATION IN THE ARMED FORCES. 3 The Secretary of Defense shall direct each component 4 of the Armed Forces to share lessons learned and best 5 practices on the progress of their gender integration im- 6 plementation plans and to communicate strategically that 7 progress with other components of the Armed Forces as 8 well as the general public, as recommended by the Defense 9 Advisory Committee on Women in the Services. 10 SEC. 1092. REPORT ON READINESS OF NATIONAL GUARD 11 TO RESPOND TO NATURAL DISASTERS. 12 Not later than 90 days after the date of the enact- 13 ment of this Act, the Secretary of Defense shall submit 14 to the congressional defense committees a report analyzing 15 the readiness of the National Guard and Reserve to re- 16 spond to natural disasters. 17 SEC. 1093. REPORT ON USE AND AVAILABILITY OF MILI- 18 TARY INSTALLATIONS FOR DISASTER RE- 19 SPONSE. 20 (a) REPORT REQUIRED.—Not later than 90 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 that identifies— 24 (1) each military installation that has been 25 made available to the Department of Homeland Se- 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00781 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 782 HR 5515 PCS curity for disaster response for the past 10 fiscal 1 years; and 2 (2) military installations assessed to be avail- 3 able in support of fast response to disasters. 4 (b) ELEMENTS.—The report required under sub- 5 section (a) shall include the following: 6 (1) For each military installation identified 7 under subsection (a)(1)— 8 (A) the name of the installation; 9 (B) the location of the installation, includ- 10 ing the State and Congressional District; 11 (C) a description of the infrastructure and 12 equipment made available at the installation; 13 and 14 (D) a description of personnel made avail- 15 able for disaster response. 16 (2) For each military installation identified 17 under subsection (a)(2)— 18 (A) the name of the installation; 19 (B) the location of the installation, includ- 20 ing the State and Congressional District; 21 (C) a description of the infrastructure and 22 equipment to be available at the installation; 23 and 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00782 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 783 HR 5515 PCS (D) a description of personnel to be avail- 1 able for disaster response. 2 SEC. 1094. PROMOTING FEDERAL PROCUREMENT WITH 3 HISTORICALLY BLACK COLLEGES AND UNI- 4 VERSITIES AND MINORITY INSTITUTIONS. 5 (a) IN GENERAL.—The head of an executive agency, 6 or a contracting officer where applicable, shall— 7 (1) assist historically Black colleges and univer- 8 sities and minority institutions to develop viable, 9 self-sustaining businesses capable of competing on 10 an equal basis in the mainstream of the United 11 States economy; and 12 (2) promote Federal procurement with histori- 13 cally Black colleges and universities and minority in- 14 stitutions by establishing— 15 (A) participation goals of not less than 10 16 percent for historically Black colleges and uni- 17 versities and minority institutions; 18 (B) requirements that prime contractors 19 and other recipients of Federal funds attain 20 similar participation goals in their procurement; 21 and 22 (C) other mechanisms that ensure histori- 23 cally Black colleges and universities and minor- 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00783 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 784 HR 5515 PCS ity institutions have a fair opportunity to par- 1 ticipate in Federal procurement. 2 (b) DEFINITIONS.—In this section: 3 (1) The term ‘‘executive agency’’ has the mean- 4 ing given the term in section 133 of title 41, United 5 States Code. 6 (2) The term ‘‘historically Black college and 7 university’’ has the meaning given that term in sec- 8 tion 631 of the Higher Education Act of 1965 (20 9 U.S.C. 1132). 10 (3) The term ‘‘minority institution’’ has the 11 meaning given that term in section 365 of the High- 12 er Education Act of 1965 (20 U.S.C. 1067k). 13 SEC. 1095. CLARIFICATION OF REIMBURSABLE ALLOWED 14 COSTS OF FAA MEMORANDA OF AGREEMENT. 15 Section 47504(c)(2) of title 49, United States Code, 16 is amended— 17 (1) in subparagraph (D) by striking ‘‘and’’ at 18 the end; 19 (2) in subparagraph (E) by striking the period 20 at the end and inserting ‘‘; and’’; and 21 (3) by adding at the end the following: 22 ‘‘(F) to an airport operator of a congested air- 23 port (as defined in section 47175) and a unit of 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00784 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 785 HR 5515 PCS local government referred to in paragraph (1)(B) to 1 carry out a project to mitigate noise, if the project— 2 ‘‘(i) consists of— 3 ‘‘(I) replacement windows, doors, and 4 the installation of through-the-wall air con- 5 ditioning units; or 6 ‘‘(II) acquisition and installation of 7 the windows, doors, and other noise miti- 8 gation elements to be used in a school re- 9 construction if reconstruction is the pre- 10 ferred local solution; 11 ‘‘(ii) is located at a school near the airport; 12 and 13 ‘‘(iii) is included in a memorandum of 14 agreement entered into before September 30, 15 2002, even if the airport has not met the re- 16 quirements of part 150 of title 14, Code of Fed- 17 eral Regulations, and only if the financial limi- 18 tations of the memorandum are applied.’’. 19 SEC. 1096. DISCLOSURE REQUIREMENTS FOR UNITED 20 STATES-BASED FOREIGN MEDIA OUTLETS. 21 Title VII of the Communications Act of 1934 (47 22 U.S.C. 601 et seq.) is amended by adding at the end the 23 following: 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00785 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 786 HR 5515 PCS ‘‘SEC. 722. DISCLOSURE REQUIREMENTS FOR UNITED 1 STATES-BASED FOREIGN MEDIA OUTLETS. 2 ‘‘(a) REPORTS BY OUTLETS TO COMMISSION.—Not 3 later than 90 days after the date of the enactment of this 4 section, and not less frequently than every 6 months there- 5 after, a United States-based foreign media outlet shall 6 submit to the Commission a report that contains the fol- 7 lowing information: 8 ‘‘(1) The name of such outlet. 9 ‘‘(2) A description of the relationship of such 10 outlet to the foreign principal of such outlet, includ- 11 ing a description of the legal structure of such rela- 12 tionship and any funding that such outlet receives 13 from such principal. 14 ‘‘(b) REPORTS BY COMMISSION TO CONGRESS.—Not 15 later than 60 days after the date of the enactment of this 16 section, and not less frequently than every 6 months there- 17 after, the Commission shall transmit to Congress a report 18 that summarizes the contents of the reports submitted by 19 United States-based foreign media outlets under sub- 20 section (a) during the preceding 6-month period. 21 ‘‘(c) PUBLIC AVAILABILITY.—The Commission shall 22 make publicly available on the internet website of the 23 Commission each report submitted by a United States- 24 based foreign media outlet under subsection (a) not later 25 than the earlier of— 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00786 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 787 HR 5515 PCS ‘‘(1) the date that is 30 days after the outlet 1 submits the report to the Commission; or 2 ‘‘(2) the date on which the Commission trans- 3 mits to Congress under subsection (b) the report 4 covering the 6-month period during which the report 5 of the outlet was submitted to the Commission 6 under subsection (a). 7 ‘‘(d) DEFINITIONS.—In this section: 8 ‘‘(1) FOREIGN PRINCIPAL.—The term ‘foreign 9 principal’ has the meaning given such term in sec- 10 tion 1(b)(1) of the Foreign Agents Registration Act 11 of 1938 (22 U.S.C. 611(b)(1)). 12 ‘‘(2) UNITED STATES-BASED FOREIGN MEDIA 13 OUTLET.—The term ‘United States-based foreign 14 media outlet’ means an entity that— 15 ‘‘(A) produces or distributes video pro- 16 gramming that is transmitted, or intended for 17 transmission, by a multichannel video program- 18 ming distributor to consumers in the United 19 States; and 20 ‘‘(B) would be an agent of a foreign prin- 21 cipal (as defined in paragraph (1)) for purposes 22 of the Foreign Agents Registration Act of 1938 23 (22 U.S.C. 611 et seq.) but for section 1(d) of 24 such Act (22 U.S.C. 611(d)).’’. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00787 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 788 HR 5515 PCS SEC. 1097. SENSE OF CONGRESS HONORING THE DOVER 1 AIR FORCE BASE, DELAWARE, HOME TO THE 2 436TH AIRLIFT WING, THE 512TH AIRLIFT 3 WING, AND THE CHARLES C. CARSON CENTER 4 FOR MORTUARY AFFAIRS. 5 (a) FINDINGS.—Congress find the following: 6 (1) The Dover Air Force Base is home more 7 than 4,000 active-duty military and civilian employ- 8 ees tasked with defending the United States of 9 America. 10 (2) The Dover Air Force Base supports the 11 mission of the 436th Airlift Wing, known as ‘‘Eagle 12 Wing’’ and the 512th Airlift Wing, known as Liberty 13 Wing. 14 (3) The ‘‘Eagle Wing’’ serves as a unit of the 15 Eighteenth Air Force headquartered with the Air 16 Mobility Command at Scott Air Force Base in Illi- 17 nois. 18 (4) The ‘‘Eagle Wing’’ flies hundreds of mis- 19 sions throughout the world and provides a quarter of 20 the United States’ strategic airlift capability and 21 boasts a global reach to over 100 countries around 22 the world. 23 (5) The Dover Air Force Base houses incredible 24 aircrafts utilized by the United States Air Force, in- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00788 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 789 HR 5515 PCS cluding the C-5M Super Galaxy and C-17A 1 Globemaster III aircraft. 2 (6) The Dover Air Force Base operates the 3 largest and busiest air freight terminal in the De- 4 partment of Defense, fulfilling an important role in 5 our Nation’s military. 6 (7) The Air Mobility Command Museum is lo- 7 cated on the Dover Air Force base and welcomes 8 thousands of visitors each year to learn more about 9 the United States Air Force. 10 (8) The Charles C. Carson Center for Mortuary 11 Affairs fulfills our Nation’s sacred commitment of 12 ensuring dignity, honor and respect to the fallen and 13 care service and support to their families. 14 (9) The mortuary mission at Dover Air Force 15 Base dates back to 1955 and is the only Department 16 of Defense mortuary in the continental United 17 States. 18 (10) Service members who serve at the Center 19 for Mortuary Affairs are often so moved by their 20 work that they voluntarily elect to serve multiple 21 tours because they feel called to serve our fallen he- 22 roes. 23 (b) SENSE OF CONGRESS.—Congress— 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00789 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 790 HR 5515 PCS (1) honors and expresses sincerest gratitude to 1 the women and men of the Dover Air Force Base for 2 their distinguished service; 3 (2) acknowledges the incredible sacrifice and 4 service of the families of active duty members of the 5 United States military; 6 (3) encourages the people of the United States 7 to keep in their thoughts and their prayers the 8 women and men of the United States Armed Forces; 9 and 10 (4) recognizes the incredibly unique and impor- 11 tant work of the Air Force Mortuary Affairs Oper- 12 ations and the role they play in honoring our fallen 13 heroes. 14 SEC. 1098. REPORT ON CAPACITY OF DEPARTMENT OF DE- 15 FENSE TO PROVIDE SURVIVORS OF NATURAL 16 DISASTERS WITH EMERGENCY SHORT-TERM 17 HOUSING. 18 Not later than 220 days after the date of the enact- 19 ment of this Act, the Secretary of Defense shall submit 20 to the congressional defense committees a report analyzing 21 the capacity of the Department of Defense to provide sur- 22 vivors of natural disasters with emergency short-term 23 housing. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00790 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 791 HR 5515 PCS SEC. 1099. STUDY ON RECRUITMENT OF STUDENTS WITH 1 EXPERIENCE IN CERTAIN TECHNICAL 2 FIELDS. 3 (a) STUDY REQUIRED.—The Secretary of Defense 4 shall conduct a study to determine how the Department 5 of Defense can attract and recruit from institutions of 6 higher education, including the institutions described in 7 subsection (b), students with educational backgrounds in 8 science, technology, engineering, and mathematics, includ- 9 ing the fields of artificial intelligence, machine learning, 10 and cybersecurity. 11 (b) INSTITUTIONS DESCRIBED.—The institutions de- 12 scribed in this subsection are— 13 (1) Hispanic Serving Institutions (as defined in 14 section 502 of the Higher Education Act of 1965 15 (20 U.S.C. 1101a)); 16 (2) Historically Black Colleges and Universities 17 (as defined in section 322 of such Act (20 U.S.C. 18 1061)); and 19 (3) Asian American and Native American Pa- 20 cific Islander Serving Institutions (as defined in Sec- 21 tion 371(c) of such Act (20 U.S.C. 1067q(c)). 22 (c) REPORT.—Not later than 180 days after the date 23 of the enactment of this Act, the Secretary of Defense 24 shall submit to the congressional defense committees a re- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00791 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 792 HR 5515 PCS port on the results of the study conducted under sub- 1 section (a). 2 SEC. 1099A. SENSE OF CONGRESS ON THE BASING OF KC– 3 46A AIRCRAFT OUTSIDE THE CONTINENTAL 4 UNITED STATES. 5 (a) FINDING.—Congress finds that the Department 6 of Defense is continuing its process of permanently sta- 7 tioning KC–46A aircraft at installations in the continental 8 United States and forward-basing outside the continental 9 United States. 10 (b) SENSE OF CONGRESS.—It is the sense of Con- 11 gress that the Secretary of the Air Force, as part of the 12 strategic basing process for KC–46A aircraft, should con- 13 tinue to consider the benefits derived from locations out- 14 side the continental United States that— 15 (1) support day-to-day air refueling operations, 16 operations plans of the combatant commands, and 17 flexibility for contingency operations, and have— 18 (A) a strategic location that is essential to 19 the defense of the United States and its inter- 20 ests; 21 (B) receivers for boom or probe-and-drogue 22 training opportunities with joint and inter- 23 national partners; and 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00792 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 793 HR 5515 PCS (C) sufficient airfield and airspace avail- 1 ability and capacity to meet requirements; and 2 (2) possess facilities that— 3 (A) take full advantage of existing infra- 4 structure to provide— 5 (i) runway, hangars, and aircrew and 6 maintenance operations; and 7 (ii) sufficient fuels receipt, storage, 8 and distribution capacities for a 5-day 9 peacetime operating stock; and 10 (B) minimize overall construction and 11 operational costs. 12 SEC. 1099B. SENSE OF CONGRESS REGARDING EXPLOSIVE 13 ORDNANCE DISPOSAL. 14 It is the sense of Congress that— 15 (1) military intelligence programs should be 16 provided additional resources, authorities, and direc- 17 tion with respect to prevention of and response to 18 bombings using explosive ordnance thereby ensuring 19 the safety of the United States and its citizens; 20 (2) additional explosive ordnance disposal intel- 21 ligence personnel are required to improve the ability 22 of the intelligence community to safeguard the 23 United States; 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00793 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 794 HR 5515 PCS (3) because of increasing use of explosive ord- 1 nance, which includes improvised explosive devices, 2 the Secretary of Defense should make it a priority 3 to enhance explosive ordnance disposal intelligence 4 efforts to protect and safeguard the United States; 5 and 6 (4) Congress should work to develop a com- 7 prehensive response to the issue of prevention of 8 bombings in recognition of the contributions made 9 by the 122-military explosive ordnance disposal per- 10 sonnel that have died in the line of duty since the 11 attacks on the World Trade Center and the Pen- 12 tagon. 13 SEC. 1099C. AUTHORIZATION OF APPROPRIATIONS FOR RE- 14 SEARCH ON WOMEN’S CONTRIBUTIONS TO 15 SECURITY. 16 Of the amounts authorized to be appropriated or oth- 17 erwise made available for the Department of Defense for 18 fiscal year 2019, $150,000 shall be made available for re- 19 search on women’s contributions to security at the Na- 20 tional Defense University Institute for National Strategic 21 Studies. 22 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00794 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 795 HR 5515 PCS SEC. 1099D. NATIONAL STRATEGY FOR COUNTERING VIO- 1 LENT EXTREMISM. 2 Section 1094(a)(2) of the National Defense Author- 3 ization Act for Fiscal Year 2018 (Public Law 115–91) is 4 amended— 5 (1) in subparagraph (A)(iv), by inserting ‘‘in- 6 cluding those led by women or focused on empow- 7 ering women,’’ after ‘‘groups,’’; 8 (2) by redesignating subparagraph (E) as sub- 9 paragraph (F); and 10 (3) by inserting after subparagraph (D) the fol- 11 lowing new subparagraph (E): 12 ‘‘(E) Goals to— 13 ‘‘(i) support women’s leadership and 14 full participation in preventing and coun- 15 tering violent extremism; 16 ‘‘(ii) reduce gender barriers to peace 17 and security, such as gender-based violence 18 and its harmful effects on individuals and 19 communities; and 20 ‘‘(iii) address gender-specific drivers 21 of radicalization and terrorist recruitment 22 strategies.’’. 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00795 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 796 HR 5515 PCS SEC. 1099E. INCLUSION OF CERTAIN NAMES ON THE VIET- 1 NAM VETERANS MEMORIAL. 2 The Secretary of Defense shall provide for the inclu- 3 sion on the Vietnam Veterans Memorial in the District 4 of Columbia the names of the seventy-four crew members 5 of the USS Frank E. Evans killed on June 3, 1969. 6 TITLE XI—CIVILIAN PERSONNEL 7 MATTERS 8 SEC. 1101. DIRECT HIRE AUTHORITY FOR THE DEPART- 9 MENT OF DEFENSE FOR CERTAIN COMPETI- 10 TIVE SERVICE POSITIONS. 11 (a) IN GENERAL.—Chapter 99 of title 5, United 12 States Code, is amended by adding at the end the fol- 13 lowing: 14 ‘‘§ 9905. Direct hire authority for certain personnel of 15 the Department of Defense 16 ‘‘(a) IN GENERAL.—The Secretary of Defense may 17 appoint, without regard to the provisions of subchapter I 18 of chapter 33 (other than sections 3303 and 3328 of such 19 chapter), qualified candidates to any of the following posi- 20 tions in the competitive service in the Department of De- 21 fense: 22 ‘‘(1) Any position involved with Department 23 maintenance activities, including depot-level mainte- 24 nance and repair. 25 ‘‘(2) Any position involved with cybersecurity. 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00796 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 797 HR 5515 PCS ‘‘(3) Any individual in the acquisition workforce 1 that manages any services contracts necessary to the 2 operation and maintenance of programs of the De- 3 partment. 4 ‘‘(4) Any science, technology, or engineering po- 5 sition, including any such position at the Major 6 Range and Test Facilities Base, in order to allow de- 7 velopment of new systems and provide for the main- 8 tenance of legacy systems. 9 ‘‘(b) SUNSET.—Effective on September 30, 2025, the 10 authority provided under subsection (a) shall expire.’’. 11 (b) CLERICAL AMENDMENT.—The table of sections 12 at the beginning of chapter 99 of such title is amended 13 by inserting after the item relating to section 9904 the 14 following new item: 15 ‘‘9905. Direct hire authority for certain personnel of the Department of De- fense.’’. SEC. 1102. MODIFICATION OF DIRECT HIRE AUTHORITY 16 FOR THE DEPARTMENT OF DEFENSE FOR 17 POST-SECONDARY STUDENTS AND RECENT 18 GRADUATES. 19 (a) IN GENERAL.—Chapter 99 of title 5, United 20 States Code, as amended by section 1101(a), is further 21 amended by adding at the end the following: 22 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00797 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 798 HR 5515 PCS ‘‘§ 9906. Direct hire authority for the Department of 1 Defense for post-secondary students and 2 recent graduates 3 ‘‘(a) IN GENERAL.—Without regard to sections 3309 4 through 3318, 3327, and 3330, the Secretary of Defense 5 may recruit and appoint qualified recent graduates and 6 current post-secondary students to competitive service po- 7 sitions in professional and administrative occupations 8 within the Department of Defense. 9 ‘‘(b) REGULATIONS.— 10 ‘‘(1) IN GENERAL.—The Secretary shall admin- 11 ister this section in accordance with regulations pre- 12 scribed by the Secretary for purposes of this section. 13 ‘‘(2) PUBLIC NOTICE AND ADVERTISING.—To 14 the extent practical, as determined by the Secretary, 15 the Secretary shall publicly advertise positions avail- 16 able under this section. In carrying out the pre- 17 ceding sentence, the Secretary shall— 18 ‘‘(A) take into account merit system prin- 19 ciples, mission requirements, costs, and organi- 20 zational benefits of any advertising of positions; 21 and 22 ‘‘(B) advertise such positions in the man- 23 ner the Secretary determines is most likely to 24 provide diverse and qualified candidates and en- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00798 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 799 HR 5515 PCS sure potential applicants have appropriate infor- 1 mation relevant to the positions available. 2 ‘‘(c) DEFINITIONS.—In this section— 3 ‘‘(1) the term ‘current post-secondary student’ 4 means a person who— 5 ‘‘(A) is currently enrolled in, and in good 6 academic standing at, a full-time program at an 7 institution of higher education; 8 ‘‘(B) is making satisfactory progress to- 9 ward receipt of a baccalaureate or graduate de- 10 gree; and 11 ‘‘(C) has completed at least one year of the 12 program; 13 ‘‘(2) the term ‘institution of higher education’ 14 has the meaning given the term in section 101 of the 15 Higher Education Act of 1965 (20 U.S.C. 1001); 16 and 17 ‘‘(3) the term ‘recent graduate’, with respect to 18 appointment of a person under this section, means 19 a person who was awarded a degree by an institu- 20 tion of higher education not more than two years be- 21 fore the date of the appointment of such person, ex- 22 cept that in the case of a person who has completed 23 a period of obligated service in a uniformed service 24 of more than four years, such term means a person 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00799 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 800 HR 5515 PCS who was awarded a degree by an institution of high- 1 er education not more than four years before the 2 date of the appointment of such person. 3 ‘‘(d) SUNSET.—Effective on September 30, 2025, the 4 authority provided under this section shall expire.’’. 5 (b) CLERICAL AMENDMENT.—The table of sections 6 at the beginning of chapter 99 of such title, as amended 7 by section 1101(b), is further amended by inserting after 8 the item relating to section 9905 the following new item: 9 ‘‘9906. Direct hire authority for the Department of Defense for post-secondary students and recent graduates.’’. (c) REPEAL.—Section 1106 of the National Defense 10 Authorization Act for Fiscal Year 2017 (Public Law 114– 11 328) is repealed. 12 SEC. 1103. EXTENSION OF OVERTIME RATE AUTHORITY 13 FOR DEPARTMENT OF THE NAVY EMPLOYEES 14 PERFORMING WORK ABOARD OR DOCKSIDE 15 IN SUPPORT OF THE NUCLEAR-POWERED 16 AIRCRAFT CARRIER FORWARD DEPLOYED IN 17 JAPAN. 18 Section 5542(a)(6)(B) of title 5, United States Code, 19 is amended by striking ‘‘September 30, 2019’’ and insert- 20 ing ‘‘September 30, 2021’’. 21 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00800 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 801 HR 5515 PCS SEC. 1104. ONE-YEAR EXTENSION AND EXPANSION OF AU- 1 THORITY TO WAIVE ANNUAL LIMITATION ON 2 PREMIUM PAY AND AGGREGATE LIMITATION 3 ON PAY FOR FEDERAL CIVILIAN EMPLOYEES 4 WORKING OVERSEAS. 5 (a) IN GENERAL.—Section 1101(a) of the Duncan 6 Hunter National Defense Authorization Act for Fiscal 7 Year 2009 (Public Law 110–417; 122 Stat. 4615), as 8 most recently amended by section 1105 of the National 9 Defense Authorization Act for Fiscal Year 2018 (Public 10 Law 115–91), is amended by striking ‘‘through 2018’’ and 11 inserting ‘‘through 2019’’. 12 (b) APPLICABILITY OF AGGREGATE LIMITATION ON 13 PAY.—Section 1101(b) of the Duncan Hunter National 14 Defense Authorization Act for Fiscal Year 2009 (Public 15 Law 110–417; 122 Stat. 4615) is amended to read as fol- 16 lows: 17 ‘‘(b) APPLICABILITY OF AGGREGATE LIMITATION ON 18 PAY.—In applying section 5307 of title 5, United States 19 Code, any payment in addition to basic pay for a period 20 of time during which a waiver under subsection (a) is in 21 effect shall not be counted as part of an employee’s aggre- 22 gate compensation for the given calendar year.’’. 23 (c) EFFECTIVE DATE.—This section and the amend- 24 ments made by this section shall take effect on January 25 1, 2019. 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00801 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 802 HR 5515 PCS SEC. 1105. APPOINTMENT OF RETIRED MEMBERS OF THE 1 ARMED FORCES TO POSITIONS IN OR UNDER 2 THE DEPARTMENT OF DEFENSE. 3 (a) IN GENERAL.—During fiscal years 2018 through 4 2021, in addition to the authority provided under para- 5 graphs (1) and (2) of subsection (b) of section 3326 of 6 title 5, United States Code, and consistent with the re- 7 quirements of such section, a retired member of the armed 8 forces may be appointed under such subsection if— 9 (1) the Department of Defense (including a 10 nonappropriated fund instrumentality under the ju- 11 risdiction of the armed forces) has been granted di- 12 rect hire authority to fill the position; 13 (2) the appointment is to fill an emergency ap- 14 pointment for which the Secretary concerned or his 15 designee for the purpose determines competitive ap- 16 pointment is not appropriate or reasonable due to 17 the need to fill the emergency need as quickly as 18 possible; or 19 (3) the appointment is for a highly qualified ex- 20 pert under section 9903 of such title. 21 (b) BRIEFING.—Not later than 90 days after the end 22 of each of fiscal years 2018 through 2021, the Secretary 23 of Defense shall provide a briefing to the Committee on 24 Armed Services of the House of Representatives and the 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00802 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 803 HR 5515 PCS Committee on Oversight and Government Reform of the 1 House of Representatives including— 2 (1) with respect to the waiver process under 3 section 3326(b)(1) of title 5, United States Code— 4 (A) the number of individuals appointed 5 during the most recently ended fiscal year 6 under such process; and 7 (B) the Department of Defense’s plan on 8 the use of such process during the fiscal year 9 in which the briefing is provided; 10 (2) the number of individuals— 11 (A) appointed under the authority provided 12 by subsection (a) during the most recently 13 ended fiscal year; and 14 (B) expected to be appointed under such 15 subsection during the fiscal year in which the 16 briefing is provided; and 17 (3) the impact of subsection (a) on the manage- 18 ment of the Department civilian workforce during 19 the most recently ended fiscal year. 20 SEC. 1106. EXTENSION OF AUTHORITY TO CONDUCT 21 TELEWORK TRAVEL EXPENSES TEST PRO- 22 GRAMS. 23 (a) IN GENERAL.—Section 5711(g) of title 5, United 24 States Code, is amended by striking ‘‘7 years after the 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00803 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 804 HR 5515 PCS date of the enactment of the Telework Enhancement Act 1 of 2010’’ and inserting ‘‘on December 31, 2020’’. 2 (b) EFFECTIVE DATE.—The amendment made by 3 subsection (a) shall take effect as though enacted on De- 4 cember 1, 2017. 5 SEC. 1107. PERSONNEL DEMONSTRATION PROJECTS. 6 Section 4703 of title 5, United States Code, is 7 amended— 8 (1) in subsection (d), by striking paragraph (2) 9 and inserting the following: 10 ‘‘(2)(A) Except as provided in subparagraph (B), not 11 more than 10 active demonstration projects may be in ef- 12 fect at any time. 13 ‘‘(B) Any demonstration project authorized under 14 this section that is active for a period greater than 10 15 years shall not count for purposes of applying the limita- 16 tion in subparagraph (A).’’; and 17 (2) by adding at the end the following: 18 ‘‘(j) Each agency at which a demonstration project 19 is ongoing shall submit an annual report to the Office of 20 Personnel Management, the Office and Management and 21 Budget, the Committee on Homeland Security and Gov- 22 ernmental Affairs of the United States Senate, and the 23 Committee on Oversight and Government Reform of the 24 United States House of Representatives that includes— 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00804 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 805 HR 5515 PCS ‘‘(1) the aggregate performance appraisal rat- 1 ings and compensation costs for employees under a 2 demonstration project; 3 ‘‘(2) an assessment of the results of the dem- 4 onstration project, including its impact on mission 5 goals, employee recruitment, retention, and satisfac- 6 tion, and which may include the results of the survey 7 authorized under section 1128 of the National De- 8 fense Authorization Act for Fiscal Year 2004 (Pub- 9 lic Law 108–136; 5 U.S.C. 7101 note), commonly 10 referred to as the Federal Employee Viewpoint Sur- 11 vey, and performance management for employees; 12 and 13 ‘‘(3) a comparison of the items listed in (1) and 14 (2) with employees not covered by the demonstration 15 project.’’. 16 SEC. 1108. EXPANDED FLEXIBILITY IN SELECTING CAN- 17 DIDATES FROM REFERRAL LISTS. 18 (a) EXPANDED FLEXIBILITY.—Subchapter I of chap- 19 ter 33 of title 5, United States Code, is amended by strik- 20 ing sections 3317 and 3318 and inserting the following: 21 ‘‘§ 3317. Competitive service; certification using nu- 22 merical ratings 23 ‘‘(a) CERTIFICATION.— 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00805 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 806 HR 5515 PCS ‘‘(1) IN GENERAL.—The Director of the Office 1 of Personnel Management, or the head of an agency 2 to which the Director has delegated examining au- 3 thority under section 1104(a)(2), shall certify a suf- 4 ficient number of names from the top of the appro- 5 priate register or list of eligibles, as determined pur- 6 suant to regulations prescribed under subsection (c), 7 and provide a certificate with such names to an ap- 8 pointing authority that has requested a certificate of 9 eligibles to consider when filling a job in the com- 10 petitive service. 11 ‘‘(2) MINIMUM NUMBER OF NAMES CER- 12 TIFIED.—Unless otherwise provided for in regula- 13 tions prescribed under subsection (c), the number of 14 names certified under paragraph (1) shall be not 15 less than three. 16 ‘‘(b) DISCONTINUANCE OF CERTIFICATION.—When 17 an appointing authority, for reasons considered sufficient 18 by the Director or head of an agency, has three times con- 19 sidered and passed over a preference eligible who was cer- 20 tified from a register, the Director or head of any agency 21 may discontinue certifying the preference eligible for ap- 22 pointment. The Director or the head of an agency shall 23 provide to such preference eligible notice of the intent to 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00806 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 807 HR 5515 PCS discontinue certifying such preference eligible prior to the 1 discontinuance of certification. 2 ‘‘(c) REGULATIONS.—The Director shall prescribe 3 regulations for the administration of this section. Such 4 regulations shall include the establishment of mechanisms 5 for identifying the eligibles who will be considered for each 6 vacancy. Such mechanisms may include cut-off scores. 7 ‘‘(d) DEFINITION.—In this section, the term ‘Direc- 8 tor’ means the Director of the Office of Personnel Man- 9 agement. 10 ‘‘§ 3318. Competitive service; selections using numer- 11 ical ratings 12 ‘‘(a) IN GENERAL.—An appointing authority shall se- 13 lect for appointment from the eligibles certified for ap- 14 pointment on a certificate furnished under section 15 3317(a), unless objection to one or more of the individuals 16 certified is made to, and sustained by, the Director of the 17 Office of Personnel Management or the head of an agency 18 to which the Director has delegated examining authority 19 under section 1104(a)(2), for proper and adequate reason 20 under regulations prescribed by the Director. 21 ‘‘(b) OTHER APPOINTING AUTHORITIES.— 22 ‘‘(1) IN GENERAL.—During the 240-day period 23 beginning on the date of issuance of a certificate of 24 eligibles under section 3317(a), an appointing au- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00807 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 808 HR 5515 PCS thority other than the appointing authority request- 1 ing the certificate (in this subsection referred to as 2 the ‘other appointing authority’) may select an indi- 3 vidual from that certificate in accordance with this 4 subsection for an appointment to a position that 5 is— 6 ‘‘(A) in the same occupational series as the 7 position for which the certification of eligibles 8 was issued (in this subsection referred to as the 9 ‘original position’); and 10 ‘‘(B) at a similar grade level as the origi- 11 nal position. 12 ‘‘(2) APPLICABILITY.—An appointing authority 13 requesting a certificate of eligibles may share the 14 certificate with another appointing authority only if 15 the announcement of the original position provided 16 notice that the resulting list of eligible candidates 17 may be used by another appointing authority. 18 ‘‘(3) REQUIREMENTS.—The selection of an in- 19 dividual under paragraph (1)— 20 ‘‘(A) shall be made in accordance with sub- 21 section (a); and 22 ‘‘(B) subject to paragraph (4), may be 23 made without any additional posting under sec- 24 tion 3327. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00808 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 809 HR 5515 PCS ‘‘(4) INTERNAL NOTICE.—Before selecting an 1 individual under paragraph (1), the other appointing 2 authority shall— 3 ‘‘(A) provide notice of the available posi- 4 tion to employees of the other appointing au- 5 thority; 6 ‘‘(B) provide up to 10 business days for 7 employees of the other appointing authority to 8 apply for the position; and 9 ‘‘(C) review the qualifications of employees 10 submitting an application. 11 ‘‘(c) PASS OVER.— 12 ‘‘(1) IN GENERAL.—Subject to subparagraph 13 (2), if an appointing authority proposes to pass over 14 a preference eligible certified for appointment under 15 subsection (a) and select an individual who is not a 16 preference eligible, the appointing authority shall file 17 written reasons with the Director or the head of the 18 agency for passing over the preference eligible. The 19 Director or the head of the agency shall make the 20 reasons presented by the appointing authority part 21 of the record of the preference eligible and may re- 22 quire the submission of more detailed information 23 from the appointing authority in support of the 24 passing over of the preference eligible. The Director 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00809 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 810 HR 5515 PCS or the head of the agency shall determine the suffi- 1 ciency or insufficiency of the reasons submitted by 2 the appointing authority, taking into account any re- 3 sponse received from the preference eligible under 4 paragraph (2). When the Director or the head of the 5 agency has completed review of the proposed pass- 6 over of the preference eligible, the Director or the 7 head of the agency shall send its findings to the ap- 8 pointing authority and to the preference eligible. The 9 appointing authority shall comply with the findings. 10 ‘‘(2) PREFERENCE ELIGIBLE INDIVIDUALS WHO 11 HAVE A COMPENSABLE SERVICE-CONNECTED DIS- 12 ABILITY.—In the case of a preference eligible de- 13 scribed in section 2108(3)(C) who has a compen- 14 sable service-connected disability of 30 percent or 15 more, the appointing authority shall notify the Di- 16 rector under paragraph (1) and, at the same time, 17 notify the preference eligible of the proposed pass- 18 over, of the reasons for the proposed pass-over, and 19 of the individual’s right to respond to those reasons 20 to the Director within 15 days of the date of the no- 21 tification. The Director shall, before completing the 22 review under paragraph (1), require a demonstration 23 by the appointing authority that the notification was 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00810 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 811 HR 5515 PCS timely sent to the preference eligible’s last known 1 address. 2 ‘‘(3) FURTHER CONSIDERATION NOT RE- 3 QUIRED.—When a preference eligible, for reasons 4 considered sufficient by the Director, or in the case 5 of a preference eligible described in paragraph (1), 6 by the head of an agency, has been passed over in 7 accordance with this subsection for the same posi- 8 tion, the appointing authority is not required to give 9 further consideration to that preference eligible while 10 selecting from the same list for a subsequent ap- 11 pointment to such position. 12 ‘‘(4) DELEGATION PROHIBITION.—In the case 13 of a preference eligible described in paragraph (2), 14 the functions of the Director under this subsection 15 may not be delegated to an individual who is not an 16 officer or employee of the Office of Personnel Man- 17 agement. 18 ‘‘(d) SPECIAL RULE REGARDING REEMPLOYMENT 19 LISTS.—When the names of preference eligibles are on a 20 reemployment list appropriate for the position to be filled, 21 an appointing authority may appoint from a register of 22 eligibles established after examination only an individual 23 who qualifies as a preference eligible under subparagraph 24 (C), (D), (E), (F), or (G) of section 2108(3). 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00811 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 812 HR 5515 PCS ‘‘(e) CONSIDERATION NOT REQUIRED.—In accord- 1 ance with regulations prescribed by the Director, an ap- 2 pointing officer is not required to consider an eligible who 3 has been considered by the appointing officer for three 4 separate appointments from the same or different certifi- 5 cates for the same position. 6 ‘‘(f) REGULATIONS.—The Director shall prescribe 7 regulations for the administration of this section. 8 ‘‘(d) DEFINITION.—In this section, the term ‘Direc- 9 tor’ means the Director of the Office of Personnel Man- 10 agement.’’. 11 (b) CONFORMING AMENDMENTS.—Such subchapter 12 is further amended— 13 (1) in section 3319— 14 (A) by amending the section heading to 15 read as follows: 16 ‘‘§ 3319. Competitive service; selection using category 17 rating’’; 18 and 19 (B) in subsection (c), by striking para- 20 graph (6), redesignating paragraph (7) as para- 21 graph (6), and amending paragraph (6) (as so 22 redesignated) to read as follows: 23 ‘‘(6) PREFERENCE ELIGIBLES.— 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00812 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 813 HR 5515 PCS ‘‘(A) SATISFACTION OF CERTAIN REQUIRE- 1 MENTS.—Notwithstanding paragraphs (1) and 2 (2), an appointing official may not pass over a 3 preference eligible in the same category from 4 which selection is made, unless the require- 5 ments of sections 3317(b) and 3318(c), as ap- 6 plicable, are satisfied. 7 ‘‘(B) FURTHER CONSIDERATION NOT RE- 8 QUIRED.—When a preference eligible, for rea- 9 sons considered sufficient by the Director, or in 10 the case of a preference eligible described in 11 section 3318(c)(1), by the head of an agency, 12 has been passed over in accordance with section 13 3318(c) for the same position, the appointing 14 authority is not required to give further consid- 15 eration to that preference eligible while select- 16 ing from the same list for a subsequent ap- 17 pointment to such position. 18 ‘‘(C) LIST OF ELIGIBLES ISSUED FROM A 19 STANDING REGISTER; DISCONTINUATION OF 20 CERTIFICATION.—In the case of lists of eligibles 21 issued from a standing register, when an ap- 22 pointing authority, for reasons considered suffi- 23 cient by the Director or the head of an agency, 24 has three times considered and passed over a 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00813 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 814 HR 5515 PCS preference eligible who was certified from a reg- 1 ister, certification of the preference eligible for 2 appointment may be discontinued. However, the 3 preference eligible is entitled to advance notice 4 of discontinuance of certification in accordance 5 with regulations prescribed by the Director.’’; 6 and 7 (2) in the first sentence of section 3320, by 8 striking ‘‘sections 3308–3318’’ and inserting ‘‘sec- 9 tions 3308 through 3319’’. 10 (c) CLERICAL AMENDMENT.—The table of sections 11 at the beginning of such chapter is amended by striking 12 the items relating to sections 3317, 3318, and 3319 and 13 inserting the following: 14 ‘‘3317. Competitive service; certification using numerical ratings ‘‘3318. Competitive service; selection using numerical ratings ‘‘3319. Competitive service; selection using category rating’’. (d) EFFECTIVE DATE.— 15 (1) IN GENERAL.—The amendments made by 16 this section shall take effect on the date on which 17 the Director of the Office of Personnel Management 18 issues final regulations to implement sections 3317, 19 3318, and 3319 of title 5, United States Code, as 20 amended or added by this section. 21 (2) REGULATIONS REQUIRED.—The Director 22 shall issue regulations under paragraph (1) not later 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00814 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 815 HR 5515 PCS than one year after the date of enactment of this 1 section. 2 SEC. 1109. TEMPORARY AND TERM APPOINTMENTS IN THE 3 COMPETITIVE SERVICE. 4 (a) TEMPORARY AND TERM APPOINTMENTS.—Sub- 5 chapter I of chapter 31 of title 5, United States Code, 6 is amended by adding at the end the following: 7 ‘‘§ 3115. Temporary and term appointments 8 ‘‘(a) DEFINITIONS.—In this section: 9 ‘‘(1) DIRECTOR.—The term ‘Director’ means 10 the Director of the Office of Personnel Management. 11 ‘‘(2) TEMPORARY APPOINTMENT.—The term 12 ‘temporary appointment’ means an appointment in 13 the competitive service for a period of not more than 14 1 year. 15 ‘‘(3) TERM APPOINTMENT.—The term ‘term 16 appointment’ means an appointment in the competi- 17 tive service for a period of more than 1 year and not 18 more than 5 years. 19 ‘‘(b) APPOINTMENT.— 20 ‘‘(1) IN GENERAL.—The head of an Executive 21 agency may make a temporary appointment or term 22 appointment to a position in the competitive service 23 when the need for the services of the employee serv- 24 ices is not permanent. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00815 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 816 HR 5515 PCS ‘‘(2) EXTENSION.—Under conditions prescribed 1 by the Director, the head of an Executive agency 2 may— 3 ‘‘(A) extend a temporary appointment 4 made under paragraph (1) in increments of not 5 more than 1 year, up to a maximum of 3 total 6 years of service; and 7 ‘‘(B) extend a term appointment made 8 under paragraph (1) in increments determined 9 appropriate by the head of the Executive agen- 10 cy, up to a maximum of 6 total years of service. 11 ‘‘(c) APPOINTMENTS FOR CRITICAL HIRING 12 NEEDS.—Under conditions prescribed by the Director, the 13 head of an Executive agency may make a noncompetitive 14 temporary appointment, or a noncompetitive term ap- 15 pointment for a period of not more than 18 months, to 16 a position in the competitive service for which a critical 17 hiring need exists, without regard to the requirements of 18 sections 3327 and 3330. An appointment made under this 19 subsection may not be extended. 20 ‘‘(d) REGULATIONS.—The Director may prescribe 21 regulations to carry out this section, but is not required 22 to promulgate regulations prior to implementation of this 23 section. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00816 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 817 HR 5515 PCS ‘‘(e) SPECIAL PROVISION REGARDING THE DEPART- 1 MENT OF DEFENSE.—Nothing in this section shall pre- 2 clude the Secretary of Defense from making temporary 3 and term appointments in the competitive service pursu- 4 ant to section 1105 of the National Defense Authorization 5 Act for Fiscal Year 2017 (10 U.S.C. note prec. 1580; Pub- 6 lic Law 114–328; 130 Stat. 2447), and any regulations 7 prescribed by the Director for the administration of this 8 section shall not apply to the Secretary of Defense in the 9 exercise of the authorities granted under such section 10 1105.’’. 11 (b) CLERICAL AMENDMENT.—The table of sections 12 for chapter 31 of title 5, United States Code, is amended 13 by inserting after the item relating to section 3114 the 14 following: 15 ‘‘3115. Temporary and term appointments.’’. SEC. 1110. EXPEDITED HIRING AUTHORITY FOR COLLEGE 16 GRADUATES AND POST-SECONDARY STU- 17 DENTS. 18 (a) IN GENERAL.—Subchapter I of chapter 31 of title 19 5, United States Code, is amended by adding at the end 20 the following: 21 ‘‘§ 3115. Expedited hiring authority for college grad- 22 uates; competitive service 23 ‘‘(a) DEFINITIONS.—In this section: 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00817 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 818 HR 5515 PCS ‘‘(1) DIRECTOR.—The term ‘Director’ means 1 the Director of the Office of Personnel Management. 2 ‘‘(2) INSTITUTION OF HIGHER EDUCATION.— 3 The term ‘institution of higher education’ has the 4 meaning given the term in section 101(a) of the 5 Higher Education Act of 1965 (20 U.S.C. 1001(a)). 6 ‘‘(b) APPOINTMENT.— 7 ‘‘(1) IN GENERAL.—The head of an agency may 8 appoint, without regard to any provision of sections 9 3309 through 3319 and 3330, a qualified individual 10 to a position in the competitive service classified in 11 a professional or administrative occupational cat- 12 egory at the GS–11 level, or an equivalent level, or 13 below. 14 ‘‘(2) RESTRICTIONS.—An appointment under 15 paragraph (1) shall be made in accordance with reg- 16 ulations prescribed by the Director. 17 ‘‘(c) QUALIFICATIONS FOR APPOINTMENT.—The 18 head of an agency may make an appointment under sub- 19 section (b) only if the individual being appointed— 20 ‘‘(1) has received a baccalaureate or graduate 21 degree from an institution of higher education; 22 ‘‘(2) applies for the position— 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00818 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 819 HR 5515 PCS ‘‘(A) not later than 2 years after the date 1 on which the individual being appointed re- 2 ceived the degree described in paragraph (1); or 3 ‘‘(B) in the case of an individual who has 4 completed a period of not less than 4 years of 5 obligated service in a uniformed service, not 6 later than 2 years after the date of the dis- 7 charge or release of the individual from that 8 service; and 9 ‘‘(3) meets each minimum qualification stand- 10 ard prescribed by the Director for the position to 11 which the individual is being appointed. 12 ‘‘(d) PUBLIC NOTICE AND ADVERTISING.— 13 ‘‘(1) IN GENERAL.—The head of an agency 14 making an appointment under subsection (b) shall 15 publicly advertise positions under this section. 16 ‘‘(2) REQUIREMENTS.—In carrying out para- 17 graph (1), the head of an agency shall— 18 ‘‘(A) adhere to merit system principles; 19 ‘‘(B) advertise positions in a manner that 20 provides for diverse and qualified applicants; 21 and 22 ‘‘(C) ensure potential applicants have ap- 23 propriate information relevant to the positions 24 available. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00819 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 820 HR 5515 PCS ‘‘(e) LIMITATION ON APPOINTMENTS.— 1 ‘‘(1) IN GENERAL.—Except as provided in para- 2 graph (2), the total number of employees that the 3 head of an agency may appoint under this section 4 during a fiscal year may not exceed the number 5 equal to 15 percent of the number of individuals 6 that the agency head appointed during the previous 7 fiscal year to a position in the competitive service 8 classified in a professional or administrative occupa- 9 tional category, at the GS–11 level, or an equivalent 10 level, or below, under a competitive examining proce- 11 dure. 12 ‘‘(2) EXCEPTIONS.—Under a regulation pre- 13 scribed under subsection (f), the Director may estab- 14 lish a lower limit on the number of individuals that 15 may be appointed under paragraph (1) of this sub- 16 section during a fiscal year based on any factor the 17 Director considers appropriate. 18 ‘‘(f) REGULATIONS.—Not later than 180 days after 19 the date of enactment of the Direct Hire of Students and 20 Recent Graduates Act of 2017, the Director shall issue 21 interim regulations, with an opportunity for comment, for 22 the administration of this section. 23 ‘‘(g) REPORTING.— 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00820 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 821 HR 5515 PCS ‘‘(1) IN GENERAL.—Not later than September 1 30 of each of the first 3 fiscal years beginning after 2 the date of enactment of the Direct Hire of Students 3 and Recent Graduates Act of 2017, the head of an 4 agency that makes an appointment under this sec- 5 tion shall submit to Congress a report assessing the 6 impact of the use of the authority provided under 7 this section during the fiscal year in which the re- 8 port is submitted. 9 ‘‘(1) IN GENERAL.—Not later than September 10 30 of each of the first 3 fiscal years beginning after 11 the date of enactment of the Direct Hire of Students 12 and Recent Graduates Act of 2017, the head of an 13 agency that makes an appointment under this sec- 14 tion shall submit a report to— 15 ‘‘(A) Congress that assesses the impact of 16 the use of the authority provided under this 17 section during the fiscal year in which the re- 18 port is submitted; and 19 ‘‘(B) the Director that contains data that 20 the Director considers necessary for the Direc- 21 tor to assess the impact and effectiveness of the 22 authority described in subparagraph (A). 23 ‘‘(2) CONTENT.—The head of an agency shall 24 include in each report under paragraph (1)— 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00821 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 822 HR 5515 PCS ‘‘(A) the total number of individuals ap- 1 pointed by the agency under this section, as 2 well as the number of such individuals who 3 are— 4 ‘‘(i) minorities or members of other 5 underrepresented groups; or 6 ‘‘(ii) veterans; 7 ‘‘(B) recruitment sources; 8 ‘‘(C) the total number of individuals ap- 9 pointed by the agency during the applicable fis- 10 cal year to a position in the competitive service 11 classified in a professional or administrative oc- 12 cupational category at the GS–11 level, or an 13 equivalent level, or below; and 14 ‘‘(D) any additional data specified by the 15 Director. 16 ‘‘(h) SPECIAL PROVISION REGARDING THE DEPART- 17 MENT OF DEFENSE.— 18 ‘‘(1) AUTHORITY.—Nothing in this section shall 19 preclude the Secretary of Defense from exercising 20 any authority to appoint a recent graduate under 21 section 1106 of the National Defense Authorization 22 Act for Fiscal Year 2017 (10 U.S.C. note prec. 23 1580), or any applicable successor statute. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00822 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 823 HR 5515 PCS ‘‘(2) REGULATIONS.—Any regulations pre- 1 scribed by the Director for the administration of this 2 section shall not apply to the Department of Defense 3 during the period ending on the date on which the 4 appointment authority of the Secretary of Defense 5 under section 1106 of the National Defense Author- 6 ization Act for Fiscal Year 2017 (10 U.S.C. note 7 prec. 1580), or any applicable successor statute, ter- 8 minates. 9 ‘‘§ 3116. Expedited hiring authority for post-sec- 10 ondary students; competitive service 11 ‘‘(a) DEFINITIONS.—In this section: 12 ‘‘(1) DIRECTOR.—The term ‘Director’ means 13 the Director of the Office of Personnel Management. 14 ‘‘(2) INSTITUTION OF HIGHER EDUCATION.— 15 The term ‘institution of higher education’ has the 16 meaning given the term in section 101(a) of the 17 Higher Education Act of 1965 (20 U.S.C. 1001(a)). 18 ‘‘(3) STUDENT.—The term ‘student’ means an 19 individual enrolled or accepted for enrollment in an 20 institution of higher education who is pursuing a 21 baccalaureate or graduate degree on at least a part- 22 time basis as determined by the institution of higher 23 education. 24 ‘‘(b) APPOINTMENT.— 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00823 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 824 HR 5515 PCS ‘‘(1) IN GENERAL.—The head of an agency may 1 make a time-limited appointment of a student, with- 2 out regard to any provision of sections 3309 through 3 3319 and 3330, to a position in the competitive 4 service at the GS–11 level, or an equivalent level, or 5 below for which the student is qualified. 6 ‘‘(2) RESTRICTIONS.—An appointment under 7 paragraph (1) shall be made in accordance with reg- 8 ulations prescribed by the Director. 9 ‘‘(c) PUBLIC NOTICE.— 10 ‘‘(1) IN GENERAL.—The head of an agency 11 making an appointment under subsection (b) shall 12 publicly advertise positions available under this sec- 13 tion. 14 ‘‘(2) REQUIREMENTS.—In carrying out para- 15 graph (1), the head of an agency shall— 16 ‘‘(A) adhere to merit system principles; 17 ‘‘(B) advertise positions in a manner that 18 provides for diverse and qualified applicants; 19 and 20 ‘‘(C) ensure potential applicants have ap- 21 propriate information relevant to the positions 22 available. 23 ‘‘(d) LIMITATION ON APPOINTMENTS.— 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00824 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 825 HR 5515 PCS ‘‘(1) IN GENERAL.—Except as provided in para- 1 graph (2), the total number of students that the 2 head of an agency may appoint under this section 3 during a fiscal year may not exceed the number 4 equal to 15 percent of the number of students that 5 the agency head appointed during the previous fiscal 6 year to a position in the competitive service at the 7 GS–11 level, or an equivalent level, or below. 8 ‘‘(2) EXCEPTIONS.—Under a regulation pre- 9 scribed under subsection (g), the Director may es- 10 tablish a lower limit on the number of students that 11 may be appointed under paragraph (1) of this sub- 12 section during a fiscal year based on any factor the 13 Director considers appropriate. 14 ‘‘(e) CONVERSION.—The head of an agency may, 15 without regard to any provision of chapter 33 or any other 16 provision of law relating to the examination, certification, 17 and appointment of individuals in the competitive service, 18 convert a student serving in an appointment under sub- 19 section (b) to a permanent appointment in the competitive 20 service within the agency without further competition if 21 the student— 22 ‘‘(1) has completed the course of study leading 23 to the baccalaureate or graduate degree; 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00825 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 826 HR 5515 PCS ‘‘(2) has completed not less than 640 hours of 1 current continuous employment in an appointment 2 under subsection (b); and 3 ‘‘(3) meets the qualification standards for the 4 position to which the student will be converted. 5 ‘‘(f) TERMINATION.—The head of an agency shall, 6 without regard to any provision of chapter 35 or 75, termi- 7 nate the appointment of a student appointed under sub- 8 section (b) upon completion of the designated academic 9 course of study unless the student is selected for conver- 10 sion under subsection (e). 11 ‘‘(g) REGULATIONS.—Not later than 180 days after 12 the date of enactment of the Direct Hire of Students and 13 Recent Graduates Act of 2017, the Director shall issue 14 interim regulations, with an opportunity for comment, for 15 the administration of this section. 16 ‘‘(h) REPORTING.— 17 ‘‘(1) IN GENERAL.—Not later than September 18 30 of each of the first 3 fiscal years beginning after 19 the date of enactment of the Direct Hire of Students 20 and Recent Graduates Act of 2017, the head of an 21 agency that makes an appointment under this sec- 22 tion shall submit a report to— 23 ‘‘(A) Congress that assesses the impact of 24 the use of the authority provided under this 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00826 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 827 HR 5515 PCS section during the fiscal year in which the re- 1 port is submitted; and 2 ‘‘(B) the Director that contains data that 3 the Director considers necessary for the Direc- 4 tor to assess the impact and effectiveness of the 5 authority described in subparagraph (A). 6 ‘‘(2) CONTENT.—The head of an agency shall 7 include in each report under paragraph (1)— 8 ‘‘(A) the total number of individuals ap- 9 pointed by the agency under this section, as 10 well as the number of such individuals who 11 are— 12 ‘‘(i) minorities or members of other 13 underrepresented groups; or 14 ‘‘(ii) veterans; 15 ‘‘(B) recruitment sources; 16 ‘‘(C) the total number of individuals ap- 17 pointed by the agency during the applicable fis- 18 cal year to a position in the competitive service 19 at the GS–11 level, or an equivalent level, or 20 below; and 21 ‘‘(D) any additional data specified by the 22 Director. 23 ‘‘(i) SPECIAL PROVISION REGARDING THE DEPART- 24 MENT OF DEFENSE.— 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00827 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 828 HR 5515 PCS ‘‘(1) AUTHORITY.—Nothing in this section shall 1 preclude the Secretary of Defense from exercising 2 any authority to appoint a post-secondary student 3 under section 1106 of the National Defense Author- 4 ization Act for Fiscal Year 2017 (10 U.S.C. note 5 prec. 1580), or any applicable successor statute. 6 ‘‘(2) REGULATIONS.—Any regulations pre- 7 scribed by the Director for the administration of this 8 section shall not apply to the Department of Defense 9 during the period ending on the date on which the 10 appointment authority of the Secretary of Defense 11 under section 1106 of the National Defense Author- 12 ization Act for Fiscal Year 2017 (10 U.S.C. note 13 prec. 1580), or any applicable successor statute, ter- 14 minates.’’. 15 (b) TABLE OF SECTIONS AMENDMENTS.—The table 16 of sections for subchapter I of chapter 31 of title 5, United 17 States Code, is amended by adding at the end the fol- 18 lowing: 19 ‘‘3115. Expedited hiring authority for college graduates; competitive service. ‘‘3116. Expedited hiring authority for post-secondary students; competitive serv- ice.’’. SEC. 1111. PRESIDENTIAL ALLOWANCE MODERNIZATION. 20 (a) FORMER PRESIDENTS.—The first section of the 21 Act entitled ‘‘An Act to provide retirement, clerical assist- 22 ants, and free mailing privileges to former Presidents of 23 the United States, and for other purposes’’, approved Au- 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00828 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 829 HR 5515 PCS gust 25, 1958 (commonly known as the ‘‘Former Presi- 1 dents Act of 1958’’) (3 U.S.C. 102 note), is amended— 2 (1) by redesignating subsections (f) and (g) as 3 subsections (h) and (i), respectively; 4 (2) by striking the matter preceding subsection 5 (e) and inserting the following: 6 ‘‘(a) ANNUITIES AND ALLOWANCES.— 7 ‘‘(1) ANNUITY.—Each former President shall 8 be entitled to receive from the United States an an- 9 nuity, subject to subsections (b) and (c)— 10 ‘‘(A) at the rate of $200,000 per year; and 11 ‘‘(B) which shall commence on the day 12 after the date on which an individual becomes 13 a former President. 14 ‘‘(2) ALLOWANCE.—The General Services Ad- 15 ministration is authorized to provide each former 16 President a monetary allowance, subject to appro- 17 priations and subsections (b), (c), and (d), at the 18 rate of— 19 ‘‘(A) $500,000 per year for 5 years begin- 20 ning on the day after the last day of the period 21 described in the first sentence of section 5 of 22 the Presidential Transition Act of 1963 (3 23 U.S.C. 102 note); 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00829 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 830 HR 5515 PCS ‘‘(B) $350,000 per year for the 5 years fol- 1 lowing the 5-year period under subparagraph 2 (A); and 3 ‘‘(C) $250,000 per year thereafter. 4 ‘‘(b) DURATION; FREQUENCY.— 5 ‘‘(1) IN GENERAL.—The annuity and monetary 6 allowance under subsection (a) shall— 7 ‘‘(A) terminate on the date that is 30 days 8 after the date on which the former President 9 dies; and 10 ‘‘(B) be payable by the Secretary of the 11 Treasury on a monthly basis. 12 ‘‘(2) APPOINTIVE OR ELECTIVE POSITIONS.— 13 The annuity and monetary allowance under sub- 14 section (a) shall not be payable for any period dur- 15 ing which a former President holds an appointive or 16 elective position in or under the Federal Government 17 to which is attached a rate of pay other than a 18 nominal rate. 19 ‘‘(c) COST-OF-LIVING INCREASES.—Effective Decem- 20 ber 1 of each year, each annuity and monetary allowance 21 under subsection (a) that commenced before that date 22 shall be increased by the same percentage by which benefit 23 amounts under title II of the Social Security Act (42 24 U.S.C. 401 et seq.) are increased, effective as of that date, 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00830 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 831 HR 5515 PCS as a result of a determination under section 215(i) of that 1 Act (42 U.S.C. 415(i)). 2 ‘‘(d) LIMITATION ON MONETARY ALLOWANCE.— 3 ‘‘(1) IN GENERAL.—Notwithstanding any other 4 provision of this section, the monetary allowance 5 payable under subsection (a)(2) to a former Presi- 6 dent for any 12-month period— 7 ‘‘(A) except as provided in subparagraph 8 (B), may not exceed the amount by which— 9 ‘‘(i) the monetary allowance that (but 10 for this subsection) would otherwise be so 11 payable for the 12-month period, exceeds 12 (if at all) 13 ‘‘(ii) the applicable reduction amount 14 for the 12-month period; and 15 ‘‘(B) shall not be less than the amount de- 16 termined under paragraph (4). 17 ‘‘(2) DEFINITION.— 18 ‘‘(A) IN GENERAL.—For purposes of para- 19 graph (1), the term ‘applicable reduction 20 amount’ means, with respect to any former 21 President and in connection with any 12-month 22 period, the amount by which— 23 ‘‘(i) the earned income (as defined in 24 section 32(c)(2) of the Internal Revenue 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00831 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 832 HR 5515 PCS Code of 1986) of the former President for 1 the most recent taxable year for which a 2 tax return is available, exceeds (if at all) 3 ‘‘(ii) $400,000, subject to subpara- 4 graph (C). 5 ‘‘(B) JOINT RETURNS.—In the case of a 6 joint return, subparagraph (A)(i) shall be ap- 7 plied by taking into account both the amounts 8 properly allocable to the former President and 9 the amounts properly allocable to the spouse of 10 the former President. 11 ‘‘(C) COST-OF-LIVING INCREASES.—The 12 dollar amount specified in subparagraph (A)(ii) 13 shall be adjusted at the same time that, and by 14 the same percentage by which, the monetary al- 15 lowance of the former President is increased 16 under subsection (c) (disregarding this sub- 17 section). 18 ‘‘(3) DISCLOSURE REQUIREMENT.— 19 ‘‘(A) DEFINITIONS.—In this paragraph— 20 ‘‘(i) the terms ‘return’ and ‘return in- 21 formation’ have the meanings given those 22 terms in section 6103(b) of the Internal 23 Revenue Code of 1986; and 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00832 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 833 HR 5515 PCS ‘‘(ii) the term ‘Secretary’ means the 1 Secretary of the Treasury or the Secretary 2 of the Treasury’s delegate. 3 ‘‘(B) REQUIREMENT.—A former President 4 may not receive a monetary allowance under 5 subsection (a)(2) unless the former President 6 discloses to the Secretary, upon the request of 7 the Secretary, any return or return information 8 of the former President or spouse of the former 9 President that the Secretary determines is nec- 10 essary for purposes of calculating the applicable 11 reduction amount under paragraph (2) of this 12 subsection. 13 ‘‘(C) CONFIDENTIALITY.—Except as pro- 14 vided in section 6103 of the Internal Revenue 15 Code of 1986 and notwithstanding any other 16 provision of law, the Secretary may not, with 17 respect to a return or return information dis- 18 closed to the Secretary under subparagraph 19 (B)— 20 ‘‘(i) disclose the return or return in- 21 formation to any entity or person; or 22 ‘‘(ii) use the return or return informa- 23 tion for any purpose other than to cal- 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00833 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 834 HR 5515 PCS culate the applicable reduction amount 1 under paragraph (2). 2 ‘‘(4) INCREASED COSTS DUE TO SECURITY 3 NEEDS.—With respect to the monetary allowance 4 that would be payable to a former President under 5 subsection (a)(2) for any 12-month period but for 6 the limitation under paragraph (1) of this sub- 7 section, the Administrator of General Services, in co- 8 ordination with the Director of the United States 9 Secret Service, shall determine the amount of the 10 monetary allowance that is needed to pay the in- 11 creased cost of doing business that is attributable to 12 the security needs of the former President.’’; 13 (3) by inserting after subsection (e) the fol- 14 lowing: 15 ‘‘(f) OFFICE STAFF.— 16 ‘‘(1) IN GENERAL.—The Administrator of Gen- 17 eral Services shall, without regard to the civil service 18 and classification laws, provide for each former 19 President an office staff of not more than 13 indi- 20 viduals, at the request of the former President, on 21 a reimbursable basis. 22 ‘‘(2) COMPENSATION.—The annual rate of com- 23 pensation payable to any individual under paragraph 24 (1) shall not exceed the highest annual rate of basic 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00834 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 835 HR 5515 PCS pay for positions at level II of the Executive Sched- 1 ule under section 5313 of title 5, United States 2 Code. 3 ‘‘(3) SELECTION; RESPONSIBILITY.—An indi- 4 vidual employed under this subsection— 5 ‘‘(A) shall be selected by the former Presi- 6 dent; and 7 ‘‘(B) shall be responsible only to the 8 former President for the performance of duties. 9 ‘‘(g) OFFICE SPACE AND RELATED FURNISHINGS 10 AND EQUIPMENT.— 11 ‘‘(1) OFFICE SPACE.—The Administrator of 12 General Services (referred to in this subsection as 13 the ‘Administrator’) shall, at the request of a former 14 President, on a reimbursable basis provide for the 15 former President suitable office space, as determined 16 by the Administrator, at a place within the United 17 States specified by the former President. 18 ‘‘(2) FURNISHINGS AND EQUIPMENT.— 19 ‘‘(A) REIMBURSABLE.—The Administrator 20 may, at the request of a former President, pro- 21 vide the former President with suitable office 22 furnishings and equipment on a reimbursable 23 basis. 24 ‘‘(B) WITHOUT REIMBURSEMENT.— 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00835 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 836 HR 5515 PCS ‘‘(i) GRANDFATHERED FORMER 1 PRESIDENTS.—In the case of any indi- 2 vidual who is a former President on the 3 date of enactment of the Presidential Al- 4 lowance Modernization Act of 2017, the 5 former President may retain without reim- 6 bursement any furniture and equipment in 7 the possession of the former President. 8 ‘‘(ii) PRESIDENTIAL TRANSITION 9 ACT.—A former President may retain with- 10 out reimbursement any furniture or equip- 11 ment acquired under section 5 of the Pres- 12 idential Transition Act of 1963 (3 U.S.C. 13 102 note). 14 ‘‘(iii) EXCESS FURNITURE AND EQUIP- 15 MENT.—The Administrator may provide 16 excess furniture and equipment to the of- 17 fice of a former President at no cost other 18 than necessary transportation costs.’’; and 19 (4) by adding at the end the following: 20 ‘‘(j) APPLICABILITY.—Subsections (f), (g) (other 21 than paragraph (2)(B)(i) of that subsection), and (i) shall 22 apply with respect to a former President on and after the 23 day after the last day of the period described in the first 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00836 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 837 HR 5515 PCS sentence of section 5 of the Presidential Transition Act 1 of 1963 (3 U.S.C. 102 note).’’. 2 (b) SURVIVING SPOUSES OF FORMER PRESI- 3 DENTS.— 4 (1) INCREASE IN AMOUNT OF MONETARY AL- 5 LOWANCE.—Subsection (e) of the first section of the 6 Former Presidents Act of 1958 is amended— 7 (A) in the first sentence, by striking 8 ‘‘$20,000 per annum,’’ and inserting ‘‘$100,000 9 per year (subject to paragraph (4)),’’; and 10 (B) in the second sentence— 11 (i) in paragraph (2), by striking 12 ‘‘and’’ at the end; 13 (ii) in paragraph (3)— 14 (I) by striking ‘‘or the govern- 15 ment of the District of Columbia’’; 16 and 17 (II) by striking the period and 18 inserting ‘‘; and’’; and 19 (iii) by inserting after paragraph (3) 20 the following: 21 ‘‘(4) shall, after its commencement date, be in- 22 creased at the same time that, and by the same per- 23 centage by which, annuities of former Presidents are 24 increased under subsection (c).’’. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00837 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 838 HR 5515 PCS (2) COVERAGE OF WIDOWER OF A FORMER 1 PRESIDENT.—Subsection (e) of the first section of 2 the Former Presidents Act of 1958, as amended by 3 paragraph (1), is amended— 4 (A) by striking ‘‘widow’’ each place it ap- 5 pears and inserting ‘‘widow or widower’’; and 6 (B) by striking ‘‘she’’ and inserting ‘‘she 7 or he’’. 8 (c) SUBSECTION HEADINGS.—The first section of the 9 Former Presidents Act of 1958 is amended— 10 (1) in subsection (e), by inserting after the sub- 11 section enumerator the following: ‘‘WIDOWS AND 12 WIDOWERS.—’’; 13 (2) in subsection (h) (as redesignated by sub- 14 section (a)(1)), by inserting after the subsection enu- 15 merator the following: ‘‘DEFINITION.—’’; and 16 (3) in subsection (i) (as redesignated by sub- 17 section (a)(1)), by inserting after the subsection enu- 18 merator the following: ‘‘AUTHORIZATION OF APPRO- 19 PRIATIONS.—’’. 20 (d) CONFORMING AMENDMENTS.— 21 (1) TITLE 5.—Subpart G of part III of title 5, 22 United States Code, is amended— 23 (A) in section 8101(1)(E), by striking 24 ‘‘1(b)’’ and inserting ‘‘1(f)’’; 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00838 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 839 HR 5515 PCS (B) in section 8331(1)(I), by striking 1 ‘‘1(b)’’ and inserting ‘‘1(f)’’; 2 (C) in section 8701(a)(9), by striking 3 ‘‘1(b)’’ and inserting ‘‘1(f)’’; and 4 (D) in section 8901(1)(H) by striking 5 ‘‘1(b)’’ and inserting ‘‘1(f)’’. 6 (2) PRESIDENTIAL TRANSITION ACT OF 1963.— 7 Section 5 of the Presidential Transition Act of 1963 8 (3 U.S.C. 102 note) is amended by striking the last 9 sentence. 10 (e) RULE OF CONSTRUCTION.—Nothing in this sec- 11 tion or an amendment made by this section shall be con- 12 strued to affect— 13 (1) any provision of law relating to the security 14 or protection of a former President or a member of 15 the family of a former President; 16 (2) funding, under the Former Presidents Act 17 of 1958 or any other law, to carry out any provision 18 of law described in paragraph (1); or 19 (3) funding for any office space lease in effect 20 on the day before the date of enactment of this Act 21 under subsection (c) of the first section of the 22 Former Presidents Act of 1958 (as in effect on the 23 day before the date of enactment of this Act) until 24 the expiration date contained in the lease, if the 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00839 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 840 HR 5515 PCS lease was submitted to the Committee on Oversight 1 and Government Reform of the House of Represent- 2 atives on April 12, 2017. 3 (f) TRANSITION RULES.— 4 (1) FORMER PRESIDENTS.—In the case of any 5 individual who is a former President on the date of 6 enactment of this Act, the amendments made by 7 subsection (a) shall be applied as if the commence- 8 ment date referred in subsections (a)(1)(B) and 9 (a)(2)(A) of the first section of the Former Presi- 10 dents Act of 1958, as amended by subsection (a), 11 coincided with the date that is 180 days after the 12 date of enactment of this Act. 13 (2) WIDOWS.—In the case of any individual 14 who is the widow of a former President on the date 15 of enactment of this Act, the amendments made by 16 subsection (b)(1) shall be applied as if the com- 17 mencement date referred to in subsection (e)(1) of 18 the first section of the Former Presidents Act of 19 1958, as amended by subsection (b)(1), coincided 20 with the date that is 180 days after the date of en- 21 actment of this Act. 22 (g) APPLICABILITY.—For a former President receiv- 23 ing a monetary allowance under the Former Presidents 24 Act of 1958 on the day before the date of enactment of 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00840 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 841 HR 5515 PCS this Act, the limitation under subsection (d)(1) of the first 1 section of that Act, as amended by subsection (a), shall 2 apply to the monetary allowance of the former President, 3 except to the extent that the application of the limitation 4 would prevent the former President from being able to pay 5 the cost of a lease or other contract that is in effect on 6 the day before the date of enactment of this Act and under 7 which the former President makes payments using the 8 monetary allowance, as determined by the Administrator 9 of General Services. 10 SEC. 1112. REPORTING REQUIREMENT. 11 (a) IN GENERAL.—Section 7131 of title 5, United 12 States Code, is amended by adding at the end the fol- 13 lowing: 14 ‘‘(e)(1)(A) Not later than March 31 of each calendar 15 year, the Office of Personnel Management, in consultation 16 with the Office of Management and Budget, shall submit 17 to each House of Congress a report on the operation of 18 this section during the fiscal year last ending before the 19 start of such calendar year. 20 ‘‘(B) Not later than December 31 of each calendar 21 year, each agency (as defined by section 7103(a)(3)) shall 22 furnish to the Office of Personnel Management the infor- 23 mation which such Office requires, with respect to such 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00841 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 842 HR 5515 PCS agency, for purposes of the report which is next due under 1 subparagraph (A). 2 ‘‘(2) Each report by the Office of Personnel Manage- 3 ment under this subsection shall include, with respect to 4 the fiscal year described in paragraph (1)(A), at least the 5 following information: 6 ‘‘(A) The total amount of official time granted 7 to employees. 8 ‘‘(B) The average amount of official time ex- 9 pended per bargaining unit employee. 10 ‘‘(C) The specific types of activities or purposes 11 for which official time was granted, and the impact 12 which the granting of such official time for such ac- 13 tivities or purposes had on agency operations. 14 ‘‘(D) The total number of employees to whom 15 official time was granted, and, of that total, the 16 number who were not engaged in any activities or 17 purposes except activities or purposes involving the 18 use of official time. 19 ‘‘(E) The total amount of compensation (includ- 20 ing fringe benefits) afforded to employees in connec- 21 tion with activities or purposes for which they were 22 granted official time. 23 ‘‘(F) The total amount of official time spent by 24 employees representing Federal employees who are 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00842 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 843 HR 5515 PCS not union members in matters authorized by this 1 chapter. 2 ‘‘(G) A description of any room or space des- 3 ignated at the agency (or its subcomponent) where 4 official time activities will be conducted, including 5 the square footage of any such room or space. 6 ‘‘(3) All information included in a report by the Of- 7 fice of Personnel Management under this subsection with 8 respect to a fiscal year— 9 ‘‘(A) shall be shown both agency-by-agency and 10 for all agencies; and 11 ‘‘(B) shall be accompanied by the corresponding 12 information (submitted by the Office in its report 13 under this subsection) for the fiscal year before the 14 fiscal year to which such report pertains, together 15 with appropriate comparisons and analyses. 16 ‘‘(4) For purposes of this subsection, the term ‘offi- 17 cial time’ means any period of time, regardless of agency 18 nomenclature— 19 ‘‘(A) which may be granted to an employee 20 under this chapter (including a collective bargaining 21 agreement entered into under this chapter) to per- 22 form representational or consultative functions; and 23 ‘‘(B) during which the employee would other- 24 wise be in a duty status.’’. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00843 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 844 HR 5515 PCS (b) APPLICABILITY.—The amendment made by sub- 1 section (a) shall be effective beginning with the report 2 which, under the provisions of such amendment, is first 3 required to be submitted by the Office of Personnel Man- 4 agement to each House of Congress by a date which oc- 5 curs at least 6 months after the date of the enactment 6 of this Act. 7 TITLE XII—MATTERS RELATING 8 TO FOREIGN NATIONS 9 Subtitle A—Assistance and 10 Training 11 SEC. 1201. REPORT ON THE USE OF SECURITY COOPERA- 12 TION AUTHORITIES. 13 (a) SENSE OF CONGRESS.—It is the sense of Con- 14 gress that the Secretary of Defense should utilize appro- 15 priate security cooperation authorities to counter malign 16 influence campaigns that are directed at allied and partner 17 countries and that pose a significant threat to the national 18 security of the United States. 19 (b) REPORT ON FUNDING.—The Secretary of De- 20 fense shall include with the consolidated budget materials 21 submitted to Congress as required by section 381 of title 22 10, United States Code, for fiscal year 2020, and for each 23 subsequent fiscal year through fiscal year 2025, a report 24 on the use of security cooperation funding to counter the 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00844 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 845 HR 5515 PCS malign influence directed at allied and partner countries 1 and that pose a significant threat to the national security 2 of the United States. 3 SEC. 1202. CLARIFICATION OF AUTHORITY TO WAIVE CER- 4 TAIN EXPENSES FOR ACTIVITIES OF THE RE- 5 GIONAL CENTERS FOR SECURITY STUDIES. 6 Section 342 of title 10, United States Code, is 7 amended— 8 (1) in subsection (f)(3)— 9 (A) in subparagraph (A) in the first sen- 10 tence, by inserting ‘‘, including travel, transpor- 11 tation, and subsistence expenses,’’ after ‘‘activi- 12 ties of the Regional Centers’’; and 13 (B) in subparagraph (B)(i), by inserting ‘‘, 14 including travel, transportation, and subsistence 15 expenses,’’ after ‘‘activities of the Regional Cen- 16 ters’’; 17 (2) in subsection (h)(3)(A), by inserting ‘‘, in- 18 cluding travel, transportation, and subsistence ex- 19 penses,’’ after ‘‘Marshall Center’’; and 20 (3) in subsection (i)(1), by inserting ‘‘, includ- 21 ing travel, transportation, and subsistence ex- 22 penses,’’ after ‘‘Daniel K. Inouye Center for Security 23 Studies’’. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00845 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 846 HR 5515 PCS SEC. 1203. NATO STRATEGIC COMMUNICATIONS CENTER 1 OF EXCELLENCE. 2 (a) AUTHORIZATION.—The Secretary of Defense 3 shall provide funds for the NATO Strategic Communica- 4 tions Center of Excellence (in this section referred to as 5 the ‘‘Center’’) to— 6 (1) enhance the ability of military forces and ci- 7 vilian personnel of the countries participating in the 8 Center to engage in joint strategic communications 9 exercises or coalition or international military oper- 10 ations; and 11 (2) improve interoperability between the armed 12 forces and the military forces of friendly foreign na- 13 tions in the areas of strategic communications. 14 (b) CERTIFICATION.—Not later than 180 days after 15 the date of the enactment of this Act, the Secretary of 16 Defense shall certify to the Committees on Armed Services 17 of the House of Representatives and the Senate that the 18 Secretary has assigned executive agent responsibility for 19 the Center to an appropriate organization within the De- 20 partment of Defense, and detail the steps being under- 21 taken to strengthen the role of the Center in fostering 22 strategic communications and information operations 23 within NATO. 24 (c) BRIEFING REQUIREMENT.—The Secretary of De- 25 fense shall periodically brief the Committee on Armed 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00846 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 847 HR 5515 PCS Services and the Committee on Foreign Relations of the 1 Senate and the Committee on Armed Services and the 2 Committee on Foreign Affairs of the House of Representa- 3 tives on the efforts of the Department of Defense to 4 strengthen the role of the Center in fostering strategic 5 communications and information operations within 6 NATO. 7 SEC. 1204. NATO COOPERATIVE CYBER DEFENSE CENTER 8 OF EXCELLENCE. 9 (a) AUTHORIZATION.—The Secretary of Defense 10 shall provide funds for the NATO Cooperative Cyber De- 11 fense Center of Excellence (in this section referred to as 12 the ‘‘Center’’) to— 13 (1) enhance the ability of military forces and ci- 14 vilian personnel of the countries participating in the 15 Center to engage in joint cyber exercises or coalition 16 or international military operations; and 17 (2) improve interoperability between the armed 18 forces and the military forces of friendly foreign 19 countries in the areas of cyber and cybersecurity. 20 (b) CERTIFICATION.—Not later than 180 days after 21 the date of the enactment of this Act, the Secretary of 22 Defense shall certify to the Committees on Armed Services 23 of the House of Representatives and the Senate that the 24 Secretary has assigned executive agent responsibilities for 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00847 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 848 HR 5515 PCS the Center to an appropriate organization within the De- 1 partment of Defense, and detail the steps being under- 2 taken to strengthen the role of the Center in fostering 3 cyber defense and cyber warfare capabilities within 4 NATO. 5 (c) BRIEFING REQUIREMENT.—The Secretary of De- 6 fense shall periodically brief the Committee on Armed 7 Services and the Committee on Foreign Relations of the 8 Senate and the Committee on Armed Services and the 9 Committee on Foreign Affairs of the House of Representa- 10 tives on the efforts of the Department of Defense to 11 strengthen the role of the Center in fostering cyber de- 12 fense and cyber warfare capabilities within NATO. 13 SEC. 1205. PARTICIPATION IN AND SUPPORT OF THE 14 INTER-AMERICAN DEFENSE COLLEGE. 15 (a) IN GENERAL.—Subchapter V of chapter 16 of 16 title 10, United States Code, is amended by adding at the 17 end the following new section: 18 ‘‘§ 351. Inter-American Defense College 19 ‘‘(a) AUTHORITY TO SUPPORT.—The Secretary of 20 Defense may authorize members of the armed forces and 21 civilian personnel of the Department of Defense to partici- 22 pate in the operation of and the provision of support to 23 the Inter-American Defense College and provide logistic 24 support, supplies, and services to the Inter-American De- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00848 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 849 HR 5515 PCS fense College, including the use of Department of Defense 1 facilities and equipment, as the Secretary considers nec- 2 essary to— 3 ‘‘(1) assist the Inter-American Defense College 4 in its mission to develop and offer to military offi- 5 cers and civilian officials from member states of the 6 Organization of American States advanced academic 7 courses on matters related to military and defense 8 issues, the inter-American system, and related dis- 9 ciplines; and 10 ‘‘(2) ensure that the Inter-American Defense 11 College provides an academic program of a level of 12 quality, rigor, and credibility that is commensurate 13 with the standards of Department of Defense senior 14 service colleges and that includes the promotion of 15 security cooperation, human rights, humanitarian 16 assistance and disaster response, peacekeeping, and 17 democracy in the Western Hemisphere. 18 ‘‘(b) MEMORANDUM OF UNDERSTANDING.—(1) The 19 Secretary of Defense, with the concurrence of the Sec- 20 retary of State, shall enter into a memorandum of under- 21 standing with the Inter-American Defense Board for the 22 participation of members of the armed forces and civilian 23 personnel of the Department of Defense in the operation 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00849 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 850 HR 5515 PCS of and provision of host nation support to the Inter-Amer- 1 ican Defense College under subsection (a). 2 ‘‘(2) If Department of Defense facilities, equip- 3 ment, or funds will be used to support the Inter- 4 American Defense College under subsection (a), a 5 memorandum of understanding entered into under 6 paragraph (1) shall include a description of any 7 cost-sharing arrangement or other funding arrange- 8 ment relating to the use of such facilities, equip- 9 ment, or funds. 10 ‘‘(3) A memorandum of understanding entered 11 into under paragraph (1) shall also include a cur- 12 riculum and a plan for academic program develop- 13 ment. 14 ‘‘(c) USE OF FUNDS.—(1) Funds appropriated to the 15 Department of Defense for operation and maintenance 16 may be used to pay costs that the Secretary determines 17 are necessary for the participation of members of the 18 armed forces and civilian personnel of the Department of 19 Defense in the operation of and provision of host nation 20 support to the Inter-American Defense College, includ- 21 ing— 22 ‘‘(A) the costs of expenses of such partici- 23 pants; 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00850 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 851 HR 5515 PCS ‘‘(B) the cost of hiring and retaining quali- 1 fied professors, instructors, and lecturers; 2 ‘‘(C) curriculum support costs, including 3 administrative costs, academic outreach, and 4 curriculum support personnel; 5 ‘‘(D) the cost of translation and interpreta- 6 tion services; 7 ‘‘(E) the cost of information and edu- 8 cational technology; 9 ‘‘(F) the cost of utilities; and 10 ‘‘(G) the cost of maintenance and repair of 11 facilities. 12 ‘‘(2) No funds may be used under this section 13 to provide for the pay of members of the armed 14 forces or civilian personnel of the Department of De- 15 fense who participate in the operation of and the 16 provision of host nation support to the Inter-Amer- 17 ican Defense College under this section. 18 ‘‘(3) Funds available to carry out this section 19 for a fiscal year may be used for activities that begin 20 in such fiscal year and end in the next fiscal year. 21 ‘‘(d) WAIVER OF REIMBURSEMENT.—The Secretary 22 of Defense may waive reimbursement for developing coun- 23 tries (as such term is defined in section 301 of this title) 24 of the costs of funding and other host nation support pro- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00851 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 852 HR 5515 PCS vided to the Inter-American Defense College under this 1 section if the Secretary determines that the provision of 2 such funding or support without reimbursement is in the 3 national security interest of the United States. 4 ‘‘(e) LOGISTIC SUPPORT, SUPPLIES, AND SERVICES 5 DEFINED.—In this section, the term ‘logistic support, 6 supplies, and services’ has the meaning given that term 7 in section 2350 of this title.’’. 8 (b) CLERICAL AMENDMENT.—The table of sections 9 at the beginning of subchapter V of chapter 16 of such 10 title is amended by adding at the end the following new 11 item: 12 ‘‘Sec. 351. Inter-American Defense College.’’. SEC. 1206. INCREASE IN COST LIMITATION FOR SMALL 13 SCALE CONSTRUCTION RELATED TO SECU- 14 RITY COOPERATION. 15 Section 301(8) of title 10, United States Code, is 16 amended by striking ‘‘$750,000’’ and inserting 17 ‘‘$2,000,000’’. 18 SEC. 1207. REPORT ON SECURITY COOPERATION WITH 19 HAITI. 20 Not later than 90 days after the date of the enact- 21 ment of this Act, and every 180 days thereafter for 3 22 years, the Secretary of Defense, with the concurrence of 23 the Secretary of State, shall submit to the appropriate 24 committees of Congress (as such term is defined in section 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00852 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 853 HR 5515 PCS 301 of title 10, United States Code) a report on coopera- 1 tion between the Department of Defense and the Govern- 2 ment of Haiti. 3 SEC. 1208. REVIEW AND REPORT ON PROCESSES AND PRO- 4 CEDURES USED TO CARRY OUT SECTION 362 5 OF TITLE 10, UNITED STATES CODE. 6 (a) REVIEW.—The Secretary of Defense, with the 7 concurrence of the Secretary of State, shall conduct a re- 8 view of the processes and procedures used to carry out 9 section 362 of title 10, United States Code. 10 (b) REPORT.— 11 (1) IN GENERAL.—Not later than 180 days 12 after the date of the enactment of this Act, the Sec- 13 retary of Defense, with the concurrence of the Sec- 14 retary of State, shall submit to the appropriate con- 15 gressional committees a report that contains a sum- 16 mary and evaluation of the review required by sub- 17 section (a). 18 (2) MATTERS TO BE INCLUDED.—The report 19 required by this subsection shall include the fol- 20 lowing: 21 (A) A description of the procedures used to 22 obtain and verify information regarding the vet- 23 ting of partner units for gross violation of 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00853 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 854 HR 5515 PCS human rights required under section 362 of 1 title 10, United States Code. 2 (B) A description of the procedures re- 3 quired under subsection (d) of such section 362. 4 (C) A description of the procedures used to 5 conduct remediation of units for determined or 6 alleged of gross violation of human rights. 7 (D) A list of units completing the process 8 of remediation for gross violation of human 9 rights as described in subparagraph (C). 10 (E) A summary of reports submitted to 11 Congress as required under subsection (e) of 12 such section 362. 13 (F) An analysis of the impact of such sec- 14 tion 362 to achieving the objectives of the Na- 15 tional Defense Strategy. 16 (G) A description of the processes and pro- 17 cedures used to implement section 1206 of the 18 Carl Levin and Howard P. ‘‘Buck’’ McKeon 19 National Defense Authorization Act for Fiscal 20 Year 2015 (Public Law 113–291; 128 Stat. 21 3538), to include the process of obtaining the 22 concurrence of the Secretary of State, as re- 23 quired under subsection (c)(1) of such section. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00854 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 855 HR 5515 PCS (H) Recommendations to revise authorities 1 to improve the processes and procedures related 2 to the vetting of foreign partner units for gross 3 violations of human rights. 4 (I) Any other matters the Secretary con- 5 siders appropriate. 6 (3) FORM.—The report required by this sub- 7 section shall be submitted in unclassified form but 8 may include a classified annex. 9 (4) DEFINITION.—In this subsection, the term 10 ‘‘appropriate congressional committees’’ means— 11 (A) the congressional defense committees; 12 and 13 (B) the Committee on Foreign Relations of 14 the Senate and the Committee on Foreign Af- 15 fairs of the House of Representatives. 16 (c) AMENDMENTS TO EXISTING LAW.—(1) Para- 17 graph (1) of section 362(a) of title 10, United States 18 Code, is amended in paragraph (1), by striking ‘‘none may 19 be used for any training, equipment, or other assistance’’ 20 and inserting ‘‘none may be used for any training, defense 21 articles, or defense services’’. 22 (2) Subsection (b)(3) of section 1206 of the Carl 23 Levin and Howard P. ‘‘Buck’’ McKeon National Defense 24 Authorization Act for Fiscal Year 2015 (Public Law 113– 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00855 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 856 HR 5515 PCS 291; 10 U.S.C. 2282 note) is amended by striking ‘‘sub- 1 section (b) of section 2249e of title 10, United States Code 2 (as added by section 1204(a) of this Act)’’ and inserting 3 ‘‘subsection (b) of section 362 of title 10, United States 4 Code’’. 5 SEC. 1209. REPORT ON ALLIED CONTRIBUTIONS TO THE 6 COMMON DEFENSE. 7 (a) SENSE OF CONGRESS.—It is the sense of Con- 8 gress that— 9 (1) in recognition of the growth in the economic 10 and military strength of United States allies which 11 has occurred since the commencement of applicable 12 treaties or other mutual security arrangements— 13 (A) the burdens of mutual defense now as- 14 sumed by some countries allied with the United 15 States are not commensurate with their eco- 16 nomic resources or security environments; 17 (B) many United States allies have failed 18 to consistently meet their commitments and re- 19 sponsibilities; 20 (C) progress towards developing the nec- 21 essary self-defense capabilities to fulfill commit- 22 ments and contribute to the common defense 23 has been disappointing at times; and 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00856 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 857 HR 5515 PCS (D) the continued unwillingness of certain 1 allied countries to increase their contributions 2 to the common defense to more appropriate lev- 3 els will endanger the vitality, effectiveness, and 4 cohesion of the alliances and partnerships be- 5 tween those countries and the United States 6 and increase risks to shared peace and pros- 7 perity; and 8 (2) the President should seek from each ally or 9 partner country of the United States acceptance of 10 international security responsibilities and agree- 11 ments to make contributions to the common defense 12 that are commensurate with the economic resources 13 and security environment of such country, including, 14 when appropriate, an increase in host nation sup- 15 port. 16 (b) REPORT ON CONTRIBUTIONS BY ALLIES.— 17 (1) IN GENERAL.—Chapter 16 of title 10, 18 United States Code, is amended by adding at the 19 end the following new section: 20 ‘‘§ 387. Report on annual defense spending by ally 21 and partner countries 22 ‘‘(a) IN GENERAL.—Not later than March 1, 2019, 23 and annually thereafter, the Secretary of Defense shall 24 submit to the appropriate congressional committees and 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00857 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 858 HR 5515 PCS to the Committee on Oversight and Government Reform 1 of the House of Representatives a report that includes a 2 description of— 3 ‘‘(1) the annual defense spending of each mu- 4 tual defense treaty ally and major non-NATO ally, 5 including the nominal budget figure and the share of 6 such spending as a percentage of the ally’s gross do- 7 mestic product, for the fiscal year immediately pre- 8 ceding the fiscal year in which the report is sub- 9 mitted; 10 ‘‘(2) the activities of each such ally in contrib- 11 uting to military or stability operations in which the 12 armed forces participate; 13 ‘‘(3) any limitations that each such ally places 14 on the use of the armed forces of such ally for such 15 military or stability operations; and 16 ‘‘(4) any actions undertaken by the United 17 States or other countries to minimize or modify such 18 limitations. 19 ‘‘(b) FORM.—The report required by subsection (a) 20 shall be submitted in unclassified form but may contain 21 a classified annex. 22 ‘‘(c) DEFINITIONS.—In this section: 23 ‘‘(1) MUTUAL DEFENSE TREATY ALLY.—The 24 term ‘mutual defense treaty ally’ means a country 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00858 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 859 HR 5515 PCS that is a party to a treaty of mutual defense with 1 the United States. 2 ‘‘(2) MAJOR NON-NATO ALLY.—The term 3 ‘major non-NATO ally’ means a country so des- 4 ignated pursuant to section 2350a or section 517 of 5 the Foreign Assistance Act of 1961.’’. 6 (2) CLERICAL AMENDMENT.—The table of sec- 7 tions at the beginning of chapter 16 of such title is 8 amended by inserting after the item relating to sec- 9 tion 386 the following new item: 10 ‘‘387. Report on annual defense spending by ally and partner countries.’’. SEC. 1210. ENHANCED MILITARY ACTIVITIES. 11 (a) NATO EXERCISES.—The Secretary of Defense, 12 in consultation with appropriate officials of other member 13 countries of the North Atlantic Treaty Organization, shall 14 seek opportunities to conduct more NATO naval exercises 15 in the Baltic and Black Seas, as well as in the northern 16 Atlantic Ocean, to defend the seas around Europe and 17 deter Russian aggression in those regions. 18 (b) JOINT RESEARCH PROJECTS.—The Secretary of 19 Defense, in coordination with the Secretary of State, may 20 conduct joint research projects with NATO allies pursuant 21 to the authorities under chapter 138 of title 10, United 22 States Code, including projects through NATO Centers of 23 Excellence, to— 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00859 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 860 HR 5515 PCS (1) improve NATO reconnaissance capabilities 1 to track Russian military exercises; 2 (2) enhance NATO anti-submarine warfare ca- 3 pabilities against Russia; 4 (3) increase the numbers of modern sensors 5 placed on NATO aircraft, submarines, and surface 6 ships; or 7 (4) enhance NATO capabilities to detect and 8 deter Russian information operations. 9 SEC. 1210A. REPORT ON SECURITY COOPERATION PRO- 10 GRAMS AND ACTIVITIES OF THE DEPART- 11 MENT OF DEFENSE IN CERTAIN FOREIGN 12 COUNTRIES. 13 (a) IN GENERAL.—Not later than one year after the 14 date of the enactment of this Act, the Secretary of Defense 15 shall submit to appropriate congressional committees a re- 16 port on security cooperation programs and activities of the 17 Department of Defense in the foreign countries specified 18 in subsection (b) that were carried out at any time during 19 the period beginning on September 11, 2001, and ending 20 on such date of enactment. 21 (b) FOREIGN COUNTRIES SPECIFIED.—The foreign 22 countries specified in this subsection are the following: 23 (1) Afghanistan. 24 (2) Iraq. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00860 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 861 HR 5515 PCS (3) Yemen. 1 (4) Nigeria. 2 (5) Mali. 3 (6) Chad. 4 (7) Somalia. 5 (8) The Philippines. 6 (9) Any other country as determined by the 7 Secretary of Defense. 8 (c) MATTERS TO BE INCLUDED.—The report re- 9 quired under subsection (a) shall include the following: 10 (1) Lessons learned and best practices with re- 11 spect to such security cooperation programs and ac- 12 tivities of the Department of Defense. 13 (2) Relevant recommendations for future secu- 14 rity cooperation programs and activities of the De- 15 partment of Defense. 16 (3) Recommendations for monitoring and eval- 17 uation metrics for future security cooperation pro- 18 grams and activities of the Department of Defense. 19 (4) Evaluation of the efficacy of the assessment 20 tools used by the Department of Defense and other 21 relevant security cooperation agencies with respect 22 to such security cooperation programs and activities 23 of the Department of Defense for purposes of meas- 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00861 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 862 HR 5515 PCS uring improvements made by the forces of the for- 1 eign countries specified in subsection (b). 2 (d) DEFINITIONS.—In this section: 3 (1) APPROPRIATE CONGRESSIONAL COMMIT- 4 TEES.—The term ‘‘appropriate congressional com- 5 mittees’’ means— 6 (A) the congressional defense committees; 7 and 8 (B) the Committee on Foreign Relations of 9 the Senate and the Committee on Foreign Af- 10 fairs of the House of Representatives. 11 (2) SECURITY COOPERATION PROGRAMS AND 12 ACTIVITIES OF THE DEPARTMENT OF DEFENSE.— 13 The term ‘‘security cooperation programs and activi- 14 ties of the Department of Defense’’ has the meaning 15 given such term in section 301(7) of title 10, United 16 States Code. 17 SEC. 1210B. MODIFICATIONS TO CONGRESSIONAL NOTIFI- 18 CATION REQUIREMENTS REGARDING SUP- 19 PORT FOR OPERATIONS AND CAPACITY 20 BUILDING. 21 (a) AUTHORITY TO PROVIDE SUPPORT FOR CON- 22 DUCT OF OPERATIONS.—Section 331(d)(2) of title 10, 23 United States Code, is amended— 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00862 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 863 HR 5515 PCS (1) by redesignating subparagraph (E) as sub- 1 paragraph (H); and 2 (2) by inserting after subparagraph (D) the fol- 3 lowing new subparagraphs: 4 ‘‘(E) An evaluation of political, social, eco- 5 nomic, diplomatic, and historical factors, if any, 6 of the participating country that may impair or 7 inhibit the effectiveness of support to be pro- 8 vided to the participating country. 9 ‘‘(F) An assessment of the sustainability of 10 support to be provided to the participating 11 country by the United States. 12 ‘‘(G) A description of measures being 13 taken to ensure the participating country does 14 not become dependent on United States assist- 15 ance to be provided under this section.’’. 16 (b) DEFENSE INSTITUTION CAPACITY BUILDING.— 17 Section 332(b)(2) of title 10, United States Code, is 18 amended by adding at the end the following new subpara- 19 graphs: 20 ‘‘(D) An assessment of the objectives of 21 the United States and foreign countries partici- 22 pating in the program. 23 ‘‘(E) An evaluation of political, social, eco- 24 nomic, diplomatic, and historical factors, if any, 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00863 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 864 HR 5515 PCS of foreign countries participating in the pro- 1 gram that may impair or inhibit the effective- 2 ness of the program. 3 ‘‘(F) An assessment of the sustainability of 4 support to be provided to foreign countries par- 5 ticipating in the program. 6 ‘‘(G) A description of measures being 7 taken to ensure foreign countries participating 8 in the program do not become dependent on 9 United States assistance to be provided under 10 the program.’’. 11 (c) FOREIGN SECURITY FORCES CAPACITY BUILD- 12 ING.—Section 333(e) of title 10, United States Code, is 13 amended by adding at the end the following new para- 14 graph: 15 ‘‘(8) An evaluation of political, social, economic, 16 diplomatic, and historical factors, if any, of the for- 17 eign country that may impair or inhibit the effective- 18 ness of the program.’’. 19 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00864 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 865 HR 5515 PCS Subtitle B—Matters Relating to 1 Afghanistan and Pakistan 2 SEC. 1211. EXTENSION OF AUTHORITY TO TRANSFER DE- 3 FENSE ARTICLES AND PROVIDE DEFENSE 4 SERVICES TO THE MILITARY AND SECURITY 5 FORCES OF AFGHANISTAN. 6 (a) EXTENSION OF EXPIRATION.—Subsection (h) of 7 section 1222 of the National Defense Authorization Act 8 for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 9 1992), as most recently amended by section 1211 of the 10 National Defense Authorization Act for Fiscal Year 2018 11 (Public Law 115–91; 131 Stat. 1648), is further amended 12 by striking ‘‘December 31, 2018’’ and inserting ‘‘Decem- 13 ber 31, 2020’’. 14 (b) EXCESS DEFENSE ARTICLES.—Subsection (i)(2) 15 of such section 1222, as so amended, is further amended 16 by striking ‘‘December 31, 2018,’’ each place it appears 17 and inserting ‘‘December 31, 2020’’. 18 SEC. 1212. EXTENSION OF AUTHORITY FOR REIMBURSE- 19 MENT OF CERTAIN COALITION NATIONS FOR 20 SUPPORT PROVIDED TO UNITED STATES 21 MILITARY OPERATIONS. 22 (a) EXTENSION OF AUTHORITY.—Subsection (a) of 23 section 1233 of the National Defense Authorization Act 24 for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00865 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 866 HR 5515 PCS 393), as most recently amended by section 1212 of the 1 National Defense Authorization Act for Fiscal Year 2018 2 (Public Law 115–91; 131 Stat. 1648), is further amended 3 by striking ‘‘the period beginning on October 1, 2017, and 4 ending on December 31, 2018’’ and inserting ‘‘the period 5 beginning on October 1, 2018, and ending on December 6 31, 2019’’. 7 (b) EXTENSION OF LIMITATIONS.—Subsection (d)(1) 8 of such section 1233, as so amended, is further amend- 9 ed— 10 (1) in the first sentence, by striking ‘‘the period 11 beginning on October 1, 2017, and ending on De- 12 cember 31, 2018’’ and inserting ‘‘the period begin- 13 ning on October 1, 2018, and ending on December 14 31, 2019’’; and 15 (2) in the second sentence, by striking ‘‘to 16 Pakistan during’’ and all that follows through ‘‘De- 17 cember 31, 2018’’ and inserting ‘‘to Pakistan during 18 the period beginning on October 1, 2018, and ending 19 on December 31, 2019’’. 20 (c) EXTENSION OF ADDITIONAL LIMITATIONS WITH 21 RESPECT TO PAKISTAN.— 22 (1) EXTENSION OF NOTICE REQUIREMENT RE- 23 LATING TO REIMBURSEMENT OF PAKISTAN FOR SUP- 24 PORT PROVIDED BY PAKISTAN.—Section 1232(b)(6) 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00866 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 867 HR 5515 PCS of the National Defense Authorization Act for Fiscal 1 Year 2008 (122 Stat. 393), as most recently amend- 2 ed by section 1212(d) of the National Defense Au- 3 thorization Act for Fiscal Year 2018, is further 4 amended by striking ‘‘December 31, 2018’’ and in- 5 serting ‘‘December 31, 2019’’. 6 (2) EXTENSION OF LIMITATION ON REIMBURSE- 7 MENT OF PAKISTAN PENDING CERTIFICATION ON 8 PAKISTAN.—Section 1227(d)(1) of the National De- 9 fense Authorization Act for Fiscal Year 2013 (Pub- 10 lic Law 112–239; 126 Stat. 2001), as most recently 11 amended by section 1212(e) of the National Defense 12 Authorization Act for Fiscal Year 2018, is further 13 amended by striking ‘‘for any period prior to Decem- 14 ber 31, 2018’’ and inserting ‘‘for any period prior to 15 December 31, 2019’’. 16 (3) ADDITIONAL LIMITATION ON REIMBURSE- 17 MENT OF PAKISTAN PENDING CERTIFICATION ON 18 PAKISTAN.—Of the total amount of reimbursements 19 and support authorized for Pakistan during fiscal 20 year 2019 pursuant to the second sentence of sec- 21 tion 1233(d)(1) of the National Defense Authoriza- 22 tion Act for Fiscal Year 2008 (as amended by sub- 23 section (b)(2)), $350,000,000 shall not be eligible 24 for the waiver under section 1227(d)(2) of the Na- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00867 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 868 HR 5515 PCS tional Defense Authorization Act for Fiscal Year 1 2013 (126 Stat. 2001) unless the Secretary of De- 2 fense certifies to the congressional defense commit- 3 tees that— 4 (A) Pakistan continues to conduct military 5 operations that are contributing to significantly 6 disrupting the safe havens, fundraising and re- 7 cruiting efforts, and freedom of movement of 8 the Haqqani Network in Pakistan; 9 (B) Pakistan has taken steps to dem- 10 onstrate its commitment to prevent the 11 Haqqani Network from using any Pakistan ter- 12 ritory as a safe haven and for fundraising and 13 recruiting efforts; 14 (C) the Government of Pakistan is making 15 an attempt to actively coordinate with the Gov- 16 ernment of Afghanistan to restrict the move- 17 ment of militants, such as the Haqqani Net- 18 work, along the Afghanistan-Pakistan border; 19 and 20 (D) Pakistan has shown progress in arrest- 21 ing and prosecuting senior leaders and mid-level 22 operatives of the Haqqani Network. 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00868 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 869 HR 5515 PCS SEC. 1213. EXTENSION AND MODIFICATION OF COM- 1 MANDERS’ EMERGENCY RESPONSE PRO- 2 GRAM. 3 (a) EXTENSION.—Section 1201 of the National De- 4 fense Authorization Act for Fiscal Year 2012 (Public Law 5 112–81; 125 Stat. 1619), as most recently amended by 6 section 1211 of the National Defense Authorization Act 7 for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 8 2477), is further amended— 9 (1) in subsection (a), by striking ‘‘December 10 31, 2018’’ and inserting ‘‘December 31, 2020’’; 11 (2) in subsection (b), by striking ‘‘fiscal year 12 2017 and fiscal year 2018’’ and inserting ‘‘fiscal 13 years 2017 through 2020’’; and 14 (3) in subsection (f), by striking ‘‘December 31, 15 2018’’ and inserting ‘‘December 31, 2020’’. 16 (b) MODIFICATION.—Subsection (b) of section 1211 17 of the National Defense Authorization Act for Fiscal Year 18 2017 (Public Law 114–328; 130 Stat. 2477) is amend- 19 ed— 20 (1) in the heading, by striking ‘‘AND SYRIA’’ 21 and inserting ‘‘SYRIA, SOMALIA, LIBYA, AND 22 YEMEN’’; and 23 (2) in paragraph (1), by striking ‘‘or Syria’’ 24 and inserting ‘‘Syria, Somalia, Libya, or Yemen’’. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00869 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 870 HR 5515 PCS SEC. 1214. REPORT ON ASSISTANCE TO PAKISTAN. 1 Not later than 90 days after the date of the enact- 2 ment of this Act, the Secretary of Defense shall submit 3 to the congressional defense committees an unclassified re- 4 port, which may include a classified annex, describing the 5 manner in which the Department of Defense provides as- 6 sistance to the Government of Pakistan. 7 SEC. 1215. SENSE OF CONGRESS RELATING TO DR. SHAKIL 8 AFRIDI. 9 (a) FINDINGS.—Congress finds the following: 10 (1) The attacks of September 11, 2001, killed 11 approximately 3,000 people, most of whom were 12 Americans, but also included hundreds of individuals 13 with foreign citizenships, nearly 350 New York Fire 14 Department personnel, and about 50 law enforce- 15 ment officers. 16 (2) Downed United Airlines flight 93 was re- 17 portedly intended, under the control of the al-Qaeda 18 high-jackers, to crash into the White House or the 19 Capitol in an attempt to kill the President of the 20 United States or Members of the United States Con- 21 gress. 22 (3) The September 11, 2001, attacks were 23 largely planned and carried out by the al-Qaeda ter- 24 rorist network led by Osama bin Laden and his dep- 25 uty Ayman al Zawahiri, after which Osama bin 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00870 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 871 HR 5515 PCS Laden enjoyed safe haven in Pakistan from where he 1 continued to plot deadly attacks against the United 2 States and the world. 3 (4) Since 2001, the United States has provided 4 more than $30 billion in security and economic aid 5 to Pakistan. 6 (5) The United States very generously and 7 swiftly responded to the 2005 Kashmir Earthquake 8 in Pakistan with more than $200 million in emer- 9 gency aid and the support of several United States 10 military aircraft, approximately 1,000 United States 11 military personnel, including medical specialists, 12 thousands of tents, blankets, water containers and a 13 variety of other emergency equipment. 14 (6) The United States again generously and 15 swiftly contributed approximately $150 million in 16 emergency aid to Pakistan following the 2010 Paki- 17 stan flood, in addition to the service of nearly twenty 18 United States military helicopters, their flight crews, 19 and other resources to assist the Pakistan Army’s 20 relief efforts. 21 (7) The United States continues to work tire- 22 lessly to support Pakistan’s economic development, 23 including millions of dollars allocated towards the 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00871 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 872 HR 5515 PCS development of Pakistan’s energy infrastructure, 1 health services and education system. 2 (8) The United States and Pakistan continue to 3 have many critical shared interests, both economic 4 and security related, which could be the foundation 5 for a positive and mutually beneficial partnership. 6 (9) Dr. Shakil Afridi, a Pakistani physician, is 7 a hero to whom the people of the United States, 8 Pakistan and the world owe a debt of gratitude for 9 his help in finally locating Osama bin Laden before 10 more innocent American, Pakistani and other lives 11 were lost to this terrorist leader. 12 (10) Pakistan, the United States and the inter- 13 national community had failed for nearly 10 years 14 following attacks of September 11, 2001, to locate 15 and bring Osama bin Laden, who continued to kill 16 innocent civilians in the Middle East, Asia, Europe, 17 Africa and the United States, to justice without the 18 help of Dr. Afridi. 19 (11) The Government of Pakistan’s imprison- 20 ment of Dr. Afridi presents a serious and growing 21 impediment to the United States’ bilateral relations 22 with Pakistan. 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00872 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 873 HR 5515 PCS (12) The Government of Pakistan has leveled 1 and allowed baseless charges against Dr. Afridi in a 2 politically motivated, spurious legal process. 3 (13) Dr. Afridi is currently imprisoned by the 4 Government of Pakistan, a deplorable and uncon- 5 scionable situation which calls into question Paki- 6 stan’s actual commitment to countering terrorism 7 and undermines the notion that Pakistan is a true 8 ally in the struggle against terrorism. 9 (b) SENSE OF CONGRESS.—It is the sense of Con- 10 gress that Dr. Shakil Afridi is an international hero and 11 that the Government of Pakistan should release him im- 12 mediately from prison. 13 Subtitle C—Matters Relating to 14 Syria, Iraq, and Iran 15 SEC. 1221. EXTENSION AND MODIFICATION OF AUTHORITY 16 TO PROVIDE ASSISTANCE TO COUNTER THE 17 ISLAMIC STATE OF IRAQ AND SYRIA. 18 (a) AUTHORITY.—Subsection (a) of section 1236 of 19 the Carl Levin and Howard P. ‘‘Buck’’ McKeon National 20 Defense Authorization Act for Fiscal Year 2015 (Public 21 Law 113–291; 128 Stat. 3559), as most recently amended 22 by section 1222 of the National Defense Authorization Act 23 for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00873 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 874 HR 5515 PCS 1690), is further amended by striking ‘‘December 31, 1 2019’’ and inserting ‘‘December 31, 2020’’. 2 (b) FUNDING.—Subsection (g) of such section, as so 3 amended, is further amended— 4 (1) by striking ‘‘fiscal year 2018’’ and inserting 5 ‘‘fiscal year 2019’’; and 6 (2) by striking ‘‘$1,269,000,000’’ and inserting 7 ‘‘$850,000,000’’. 8 (c) SENSE OF CONGRESS.—It is the sense of the Con- 9 gress that— 10 (1) the Peshmerga forces of the Kurdistan Re- 11 gion of Iraq have made, and continue to make, sig- 12 nificant contributions to the United States-led cam- 13 paign to degrade, dismantle, and ultimately defeat 14 the Islamic State of Iraq and Syria (ISIS) in Iraq; 15 (2) a lasting defeat of ISIS is critical to main- 16 taining a stable and tolerant Iraq in which all faiths, 17 sects, and ethnicities are afforded equal protection 18 and full integration into the Government and society 19 of Iraq; and 20 (3) in support of counter-ISIS operations and 21 in conjunction with the Central Government of Iraq, 22 the United States should provide the Ministry of 23 Peshmerga forces of the Kurdistan Region of Iraq 24 $290,000,000 in operational sustainment, so that 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00874 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 875 HR 5515 PCS the Peshmerga forces can more effectively partner 1 with the Iraqi Security Forces, the United States, 2 and other international Coalition members to con- 3 solidate gains, hold territory, and protect infrastruc- 4 ture from ISIS and its affiliates in an effort to deal 5 a lasting defeat to ISIS and prevent its reemergence 6 in Iraq. 7 (d) QUARTERLY PROGRESS REPORT.— 8 (1) IN GENERAL.—The Secretary of Defense, in 9 coordination with the Secretary of State, shall sub- 10 mit to the appropriate congressional committees and 11 leadership of the House of Representatives and the 12 Senate a progress report under section 1236 of the 13 Carl Levin and Howard P. ‘‘Buck’’ McKeon Na- 14 tional Defense Authorization Act for Fiscal Year 15 2015, which shall be provided in unclassified form 16 with a classified annex if necessary. Such progress 17 report shall, based on the most recent quarterly in- 18 formation, include an assessment of the following: 19 (A) The incorporation of violent extremist 20 organizations and organizations with associa- 21 tion to the Iran’s Revolutionary Guard Corps 22 (IRGC) into the Iraq military. 23 (B) The level of access violent extremist 24 organizations and organizations with associa- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00875 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 876 HR 5515 PCS tion to the IRGC have to United States-pro- 1 vided equipment and training. 2 (C) United States-provided equipment that 3 is controlled by unauthorized end users, deter- 4 mined by vetting required in subsection (e) of 5 section 1236 of the Carl Levin and Howard P. 6 ‘‘Buck’’ McKeon National Defense Authoriza- 7 tion Act for Fiscal Year 2015, or is not ac- 8 counted for by the Government of Iraq, includ- 9 ing a detailed inventory of each equipment type 10 provided to the Government of Iraq. 11 (D) Actions taken by the Government of 12 Iraq to repossess United States-provided equip- 13 ment from unauthorized end users. 14 (2) DEFINITION.—In this subsection, the term 15 ‘‘appropriate congressional committees’’ means— 16 (A) the congressional defense committees; 17 and 18 (B) the Committee on Foreign Relations of 19 the Senate and the Committee on Foreign Af- 20 fairs of the House of Representatives. 21 SEC. 1222. EXTENSION OF AUTHORITY TO PROVIDE ASSIST- 22 ANCE TO THE VETTED SYRIAN OPPOSITION. 23 (a) IN GENERAL.—Subsection (a) of section 1209 of 24 the Carl Levin and Howard P. ‘‘Buck’’ McKeon National 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00876 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 877 HR 5515 PCS Defense Authorization Act for Fiscal Year 2015 (Public 1 Law 113–291; 128 Stat. 3541), as most recently amended 2 by section 1223 of the National Defense Authorization Act 3 for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 4 1653), is further amended by striking ‘‘December 31, 5 2018’’ and inserting ‘‘December 31, 2019’’. 6 (b) REPROGRAMMING REQUIREMENT.— 7 (1) IN GENERAL.—Subsection (f) of such sec- 8 tion 1209, as most recently amended by section 9 1221 of the National Defense Authorization Act for 10 Fiscal Year 2017 (Public Law 114–328; 130 Stat. 11 2485), is further amended by striking ‘‘December 12 31, 2018’’ and inserting ‘‘December 31, 2019’’. 13 (2) LIMITATION ON THE USE OF FUNDS.—Be- 14 ginning on the date of the enactment of this section, 15 no funds may be requested to be reprogrammed pur- 16 suant to such subsection (f), as amended by para- 17 graph (1), until the date that is 30 days after the 18 date on which the President submits to the congres- 19 sional defense committees a plan that includes the 20 following: 21 (A) A description of the efforts the United 22 States will undertake to train and build appro- 23 priately vetted Syrian opposition forces. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00877 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 878 HR 5515 PCS (B) An assessment of the nature of the 1 forces receiving such assistance, including the 2 origins and affiliations of such forces and any 3 previous history of collaboration with the Syrian 4 Democratic Forces. 5 (C) An assessment of the current oper- 6 ational effectiveness of such forces. 7 (D) The conditions to be met for a deter- 8 mination that ISIS has been adequately neu- 9 tralized. 10 (E) A description of the roles and con- 11 tributions of partner countries to such assist- 12 ance, if any. 13 (F) The concept of operations, timelines, 14 and types of training, equipment, stipends, 15 sustainment, and supplies to be provided by the 16 United States, including measures for end-use 17 accountability with respect to resources, equip- 18 ment, and supplies after the resources, equip- 19 ment, and supplies are provided to such forces. 20 (G) A description of the force posture and 21 roles of the United States Armed Forces in- 22 volved in providing such assistance. 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00878 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 879 HR 5515 PCS (3) FORM.—The plan described in paragraph 1 (2) shall be submitted in unclassified form but may 2 include a classified annex. 3 SEC. 1223. EXTENSION AND MODIFICATION OF AUTHORITY 4 TO SUPPORT OPERATIONS AND ACTIVITIES 5 OF THE OFFICE OF SECURITY COOPERATION 6 IN IRAQ. 7 (a) EXTENSION OF AUTHORITY.—Subsection (f)(1) 8 of section 1215 of the National Defense Authorization Act 9 for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 10 1631; 10 U.S.C. 113 note), as most recently amended by 11 section 1224 of the National Defense Authorization Act 12 for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 13 1654), is further amended by striking ‘‘fiscal year 2018’’ 14 and inserting ‘‘fiscal year 2019’’. 15 (b) LIMITATION ON AMOUNT.—Subsection (c) of 16 such section is amended— 17 (1) by striking ‘‘fiscal year 2018’’ and inserting 18 ‘‘fiscal year 2019’’; and 19 (2) by striking ‘‘$42,000,000’’ and inserting 20 ‘‘$45,000,000’’. 21 (c) SOURCE OF FUNDS.—Subsection (d) of such sec- 22 tion is amended by striking ‘‘fiscal year 2018’’ and insert- 23 ing ‘‘fiscal year 2019’’. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00879 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 880 HR 5515 PCS SEC. 1224. SENSE OF CONGRESS ON BALLISTIC MISSILE CO- 1 OPERATION TO COUNTER IRAN. 2 (a) FINDINGS.—Congress finds the following: 3 (1) At the 2014 Strategic Cooperation Forum 4 in New York of the Gulf Cooperation Council, the 5 Foreign Ministers of member countries agreed in a 6 Joint Communique to ‘‘[e]nhance GCC-US security 7 coordination, particularly on Ballistic Missile De- 8 fense, by continuing to move forward on develop- 9 ment of a Gulf-Wide, interoperable missile defense 10 architecture.’’. 11 (2) At the 2015 Strategic Cooperation Forum 12 in New York, the Foreign Ministers issued a Joint 13 Communique that ‘‘reaffirmed commitment to * * * 14 establishing a GCC interoperable ballistic missile de- 15 fense architecture’’. 16 (3) The White House Office of the Press Sec- 17 retary released a statement on May 14, 2015, that 18 at the 2015 United States—GCC Summit at Camp 19 David, ‘‘leaders discussed a new U.S.-GCC strategic 20 partnership to enhance their work to improve secu- 21 rity cooperation on * * * ballistic missile defense’’. 22 (4) The White House Office of the Press Sec- 23 retary subsequently released a statement on April 24 21, 2016, that at the 2016 United States—GCC 25 Summit at Riyadh, ‘‘leaders affirmed need to remain 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00880 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 881 HR 5515 PCS vigilant about addressing Iran’s destabilizing actions 1 in the region, including its ballistic missile pro- 2 gram’’. 3 (b) SENSE OF CONGRESS.—It is the sense of Con- 4 gress that— 5 (1) member countries of the Gulf Cooperation 6 Council should take meaningful steps to develop and 7 implement an interoperable ballistic missile defense 8 architecture to defend against Iran’s ballistic missile 9 threat that emphasizes information sharing and in- 10 cludes early warning and tracking data, to enhance 11 the security of citizens, protect critical infrastruc- 12 ture, and deter Iran; and 13 (2) the United States should continue bilateral 14 and multilateral missile defense exercises in the re- 15 gion and, when practicable, increase the capacity of 16 United States partners through foreign military 17 sales. 18 SEC. 1225. STRATEGY TO COUNTER DESTABILIZING ACTIVI- 19 TIES OF IRAN. 20 (a) STRATEGY AUTHORIZED.— 21 (1) IN GENERAL.—The Secretary of Defense, 22 with the concurrence of the Secretary of State, is 23 authorized to develop and implement a strategy with 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00881 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 882 HR 5515 PCS foreign partners to counter the destabilizing activi- 1 ties of Iran. 2 (2) ELEMENTS.—The strategy described in 3 paragraph (1)— 4 (A) should identify specific countries in 5 which Iran and Iranian-backed entities are op- 6 erating; 7 (B) should establish a cooperative frame- 8 work that includes— 9 (i) investing in intelligence, surveil- 10 lance, and reconnaissance platforms; 11 (ii) investing in mine countermeasures 12 resources and platforms; 13 (iii) investing in integrated air and 14 missile defense platforms and technologies; 15 (iv) sharing intelligence and data with 16 United States and such foreign countries; 17 (v) investing in cyber security and 18 cyber defense capabilities; 19 (vi) engaging in combined planning; 20 (vii) engaging in defense education, 21 institution building, doctrinal development, 22 and reform; and 23 (viii) assessing Iran’s destabilizing ac- 24 tivities in the countries identified under 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00882 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 883 HR 5515 PCS subparagraph (A) and the implications 1 thereof; and 2 (C) should provide for designation of a ci- 3 vilian or military officer or employee of the De- 4 partment of Defense and designation of a sen- 5 ior employee of the Department of State to im- 6 plement the cooperative framework described in 7 subparagraph (B). 8 (b) MULTILATERAL COORDINATION.—To enhance 9 cooperation and encourage military-to-military engage- 10 ment between the United States and foreign partners de- 11 scribed in subsection (a), the Secretary of Defense and 12 the Secretary of State should take appropriate actions to 13 ensure that exchanges between senior military officers and 14 senior civilian defense officials of the governments of such 15 foreign partners— 16 (1) are at a level appropriate to enhance en- 17 gagement between the militaries of such partners for 18 threat analysis, military doctrine, force planning, 19 mutual security interests, logistical support, and in- 20 telligence cooperation; 21 (2) enhance security cooperation, including 22 maritime security, special operations collaboration, 23 cyber cooperation, and integrated air and missile de- 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00883 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 884 HR 5515 PCS fense and domain awareness, in the Middle East and 1 Southwest Asia regions; and 2 (3) accelerate the development of combined 3 military planning for missions to counter Iran that 4 may arise within the contours of shared national se- 5 curity interests. 6 (c) UNITED STATES POLICY.—It shall be the policy 7 of the United States to provide foreign countries that are 8 willing to materially assist United States efforts to counter 9 Iran in the Middle East with support under the strategy 10 authorized under subsection (a) including, as appropriate, 11 with partner benefits commensurate with such support. 12 (d) REPORT.—Not later than 180 days after the date 13 of the enactment of this Act, and annually thereafter 14 through December 31, 2021, the Secretary of Defense, in 15 consultation with the Secretary of State, should submit 16 to the congressional defense committees and the Com- 17 mittee on Foreign Relations of the Senate and the Com- 18 mittee on Foreign Affairs of the House of Representatives 19 a report on— 20 (1) the strategy described in subsection (a), in- 21 cluding a description of contributions of foreign 22 partners to the strategy; and 23 (2) the actions taken under subsection (b). 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00884 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 885 HR 5515 PCS SEC. 1226. REPORT ON COMPLIANCE OF IRAN UNDER THE 1 CHEMICAL WEAPONS CONVENTION. 2 (a) FINDING.—In the annual report submitted to 3 Congress in March 2018, consistent with condition 4 (10)(C) of the Resolution of Advice and Consent to Ratifi- 5 cation of the Convention on the Prohibition of the Devel- 6 opment, Production, Stockpiling and Use of Chemical 7 Weapons and on their Destruction (‘‘Chemical Weapons 8 Convention’’), entered into force on April 29, 1997, the 9 Secretary of State concluded that ‘‘(b)ased on available 10 information, the United States cannot certify Iran has met 11 its obligations under the Convention for declaration of: (1) 12 its chemical weapons production facility (CWPF); (2) 13 transfer of chemical weapons (CW); and (3) retention of 14 an undeclared CW stockpile’’. 15 (b) REPORT REQUIRED.—Not later than February 1, 16 2019, the Secretary of Defense and the Secretary of State 17 shall submit to the appropriate congressional committees 18 a report assessing the extent to which Iran is complying 19 with its obligations under the Chemical Weapons Conven- 20 tion that includes the following: 21 (1) A description, assessment, and verification, 22 to the extent practicable, of any credible information 23 that Iran has assisted the Government of Syria in 24 committing actions that violate such treaty. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00885 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 886 HR 5515 PCS (2) A description of any dual-use technologies 1 that could advance Iran’s capability to produce 2 chemical weapons for offensive use. 3 (3) The implications of any activities or tech- 4 nologies described pursuant to paragraphs (1) and 5 (2) for Iran’s compliance with other international 6 obligations relating to nonproliferation. 7 (4) Any other matters the Secretaries deter- 8 mines to be relevant. 9 (c) FORM.—The report required under subsection (b) 10 shall be submitted in unclassified form but may include 11 a classified annex. 12 (d) APPROPRIATE CONGRESSIONAL COMMITTEES.— 13 In this section, the term ‘‘appropriate congressional com- 14 mittees’’ means the Committee on Armed Services and the 15 Committee on Foreign Affairs of the House of Representa- 16 tives. 17 SEC. 1227. REPORT ON POTENTIAL RELEASE OF CHEMICAL 18 WEAPONS OR CHEMICAL WEAPONS PRECUR- 19 SORS FROM BARZEH RESEARCH AND DEVEL- 20 OPMENT CENTER AND HIM SHINSHAR CHEM- 21 ICAL WEAPONS STORAGE AND BUNKER FA- 22 CILITIES IN HOMS PROVINCE OF SYRIA. 23 (a) IN GENERAL.—Not later than 30 days after the 24 date 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 00886 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 887 HR 5515 PCS shall submit to the congressional defense committees a re- 1 port that contains a review and analysis of the potential 2 for release of chemical weapons or chemical weapons pre- 3 cursors from the Barzeh Research and Development Cen- 4 ter and the Him Shinshar chemical weapons storage and 5 bunker facilities in Homs province of Syria that were tar- 6 gets of strikes by the United States and partner forces 7 on April 13, 2018. 8 (b) REQUIREMENTS RELATING TO REVIEW AND 9 ANALYSIS.—The review and analysis described in sub- 10 section (a) shall include the following: 11 (1) The methodology the Secretary of Defense 12 used prior to such strikes to determine the likelihood 13 of a release of chemical weapons or chemical weap- 14 ons precursors affecting local residents. 15 (2) The methodology the Secretary of Defense 16 used prior to such strikes to determine the potential 17 for chemical agents to enter into the aquifer, air, 18 soil, or other aspects of the environment. 19 (c) FORM.—The report required under this section 20 shall be submitted in unclassified form, but may contain 21 a classified annex. 22 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00887 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 888 HR 5515 PCS SEC. 1228. REPORT ON COOPERATION BETWEEN IRAN AND 1 THE RUSSIAN FEDERATION. 2 (a) REPORT REQUIRED.—Not later than 120 days 3 after the date of the enactment of this Act, and annually 4 thereafter for 5 years, the President shall transmit to the 5 appropriate congressional committees a report on coopera- 6 tion between Iran and the Russian Federation and the ex- 7 tent to which such cooperation affects United States na- 8 tional security and strategic interests, particularly with re- 9 spect to Syria. 10 (b) MATTERS TO BE INCLUDED.—The report re- 11 quired by subsection (a) shall include the following: 12 (1) A detailed description of Iranian-Russian 13 cooperation on matters relating to Syria, including 14 the following: 15 (A) Mutual defense assistance to the Assad 16 regime. 17 (B) Establishment of forward operating 18 bases in Syria. 19 (C) Deployment of air defense systems. 20 (D) Assistance to Assad’s chemical weap- 21 ons program, including research, development, 22 and deployment of such weapons. 23 (2) A detailed description of Iranian-Russian 24 cooperation on matters relating to Iran’s space pro- 25 gram, including how and to what extent such co- 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00888 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 889 HR 5515 PCS operation strengthens Iran’s ballistic missile pro- 1 gram. 2 (3) A description and analysis of the intel- 3 ligence-sharing center established by Iran, Russia, 4 and Syria in Baghdad, Iraq, and whether such cen- 5 ter is being used for purposes other than the pur- 6 poses of the joint mission of such countries in Syria. 7 (4) A description and analysis of— 8 (A) naval cooperation between Iran and 9 Russia, including joint naval exercises between 10 the two countries; and 11 (B) the long-term consequences of— 12 (i) a robust Russian naval presence in 13 the Eastern Mediterranean; 14 (ii) an Iranian naval presence in the 15 Persian Gulf; and 16 (iii) Iranian and Russian naval 17 strength in the Caspian Sea. 18 (5) A description of nuclear cooperation be- 19 tween Iran and Russia, both with respect to the 20 Joint Comprehensive Plan of Action and outside of 21 the parameters of such nuclear agreement with Iran. 22 (6) The likelihood that Iran might adopt the 23 Russian model of hybrid warfare. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00889 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 890 HR 5515 PCS (7) The extent of Russian cooperation with 1 Hezbollah in Syria, Lebanon, and Iraq, including co- 2 operation with respect to training, equipping, and 3 joint operations. 4 (c) FORM.—Each report required by subsection (a) 5 shall be submitted in unclassified form, but may contain 6 a classified annex. 7 (d) APPROPRIATE CONGRESSIONAL COMMITTEES 8 DEFINED.—In this section, the term ‘‘appropriate con- 9 gressional committees’’ means— 10 (1) the congressional defense committees; and 11 (2) the Committee on Foreign Relations of the 12 Senate and the Committee on Foreign Affairs of the 13 House of Representatives. 14 SEC. 1229. REPORT ON IRANIAN SUPPORT OF PROXY 15 FORCES IN SYRIA AND LEBANON. 16 (a) REPORT.—Not later than 180 days after the date 17 of the enactment of this Act, the President shall submit 18 to Congress a report that describes Iranian support of 19 proxy forces in Syria and Lebanon and assesses the in- 20 creased threat posed to Israel, other United States re- 21 gional allies, and other specified interests of the United 22 States as a result of such support. 23 (b) MATTERS TO BE INCLUDED.—The report re- 24 quired under subsection (a) shall include, at a minimum, 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00890 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 891 HR 5515 PCS information relating to the following matters with respect 1 to both the strategic and tactical implications for the 2 United States and its allies: 3 (1) A description of arms or related material 4 transferred by Iran to Hizballah since March 2011, 5 including the number of such arms or related mate- 6 rial and whether such transfer was by land, sea, or 7 air, as well as financial and additional technological 8 capabilities transferred by Iran to Hizballah. 9 (2) A description of Iranian and Iranian-con- 10 trolled personnel, including Hizballah, Shiite mili- 11 tias, and Iran’s Revolutionary Guard Corps forces, 12 operating within Syria, including the number and 13 geographic distribution of such personnel operating 14 within 30 kilometers of the Israeli borders with 15 Syria and Lebanon. 16 (3) An assessment of Hizballah’s operational 17 lessons learned based on its recent experiences in 18 Syria. 19 (4) A description of the threat posed to Israel 20 and other United States partners in the Middle East 21 by the transfer of arms or related material or other 22 support offered to Hizballah and other proxies from 23 Iran. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00891 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 892 HR 5515 PCS (c) DEFINITION.—In this section, the term ‘‘arms or 1 related material’’ means— 2 (1) nuclear, biological, chemical, or radiological 3 weapons or materials or components of such weap- 4 ons; 5 (2) ballistic or cruise missile weapons or mate- 6 rials or components of such weapons; 7 (3) destabilizing numbers and types of ad- 8 vanced conventional weapons; 9 (4) defense articles or defense services, as those 10 terms are defined in paragraphs (3) and (4), respec- 11 tively, of section 47 of the Arms Export Control Act 12 (22 U.S.C. 2794); 13 (5) defense information, as that term is defined 14 in section 644 of the Foreign Assistance Act of 1961 15 (22 U.S.C. 2403); or 16 (6) items designated by the President for pur- 17 poses of the United States Munitions List under sec- 18 tion 38(a)(1) of the Arms Export Control Act (22 19 U.S.C. 2778(a)(1)). 20 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00892 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 893 HR 5515 PCS SEC. 1230. SENSE OF CONGRESS ON THE LACK OF AUTHOR- 1 IZATION FOR THE USE OF THE ARMED 2 FORCES AGAINST IRAN. 3 It is the sense of Congress that the use of the Armed 4 Forces against Iran is not authorized by this Act or any 5 other Act. 6 SEC. 1230A. RULE OF CONSTRUCTION. 7 Nothing in this Act may be construed to authorize 8 the use of the Armed Forces of the United States against 9 Iran. 10 SEC. 1230B. AFGHANISTAN SECURITY. 11 (a) IN GENERAL.—Not later than 90 days after the 12 date of the enactment of this Act, and by January 15 of 13 every year thereafter through 2020, the Secretary of De- 14 fense, in coordination with the Secretary of State, shall 15 submit to the Committee on Armed Services and the Com- 16 mittee on Foreign Affairs of the House of Representatives 17 and the Committee on Armed Services and the Committee 18 on Foreign Relations of the Senate a report on the 19 progress made by the Government of Afghanistan in 20 achieving the security-sector benchmarks as outlined by 21 the United States-Afghan Compact, otherwise known as 22 the Kabul Compact. 23 (b) FORM.—The report required under subsection (a) 24 shall be submitted in unclassified form, but may include 25 a classified annex. 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00893 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 894 HR 5515 PCS SEC. 1230C. SENSE OF CONGRESS ON BALLISTIC MISSILE 1 PROGRAM OF IRAN. 2 It is the sense of Congress that— 3 (1) the ballistic missile program of Iran rep- 4 resents a serious threat to allies of the United States 5 in the Middle East and Europe, members of the 6 Armed Forces deployed in the those regions, and ul- 7 timately the United States; 8 (2) the testing and production by Iran of bal- 9 listic missiles capable of carrying a nuclear device is 10 a clear violation of multiple United Nations Security 11 Council resolutions, which were unanimously adopt- 12 ed by the international community; 13 (3) Iran currently maintains the largest inven- 14 tory of ballistic missiles in the Middle East; 15 (4) according to the Director of National Intel- 16 ligence, Dan Coats, Iran’s ballistic missiles are in- 17 herently capable of delivering weapons of mass de- 18 struction and the Office of the Director of National 19 Intelligence judges they would be used as Iran’s 20 ‘‘preferred method of delivering nuclear weapons, if 21 it builds them’’; 22 (5) Director of National Intelligence Coats ad- 23 ditionally asserts ‘‘Tehran’s desire to deter the 24 United States might drive it to field an interconti- 25 nental ballistic missile (ICBM)’’ and ‘‘progress on 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00894 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 895 HR 5515 PCS Iran’s space program could shorten a pathway to an 1 ICBM because space launch vehicles use similar 2 technologies’’; and 3 (6) the Government of the United States should 4 impose tough primary and secondary sanctions 5 against any sector of the economy of Iran or any 6 Iranian person that directly or indirectly supports 7 the ballistic missile program of Iran as well as any 8 foreign person or financial institution that engages 9 in transactions or trade that support that program. 10 SEC. 1230D. LIMITATION ON ASSISTANCE TO THE MINISTRY 11 OF THE INTERIOR OF THE GOVERNMENT OF 12 IRAQ. 13 (a) IN GENERAL.—None of the funds authorized to 14 be appropriated by this Act for assistance to the Ministry 15 of the Interior of the Government of Iraq may be obligated 16 or expended until the Secretary of Defense and the Sec- 17 retary of State jointly certify to the appropriate congres- 18 sional committees that such funds, including funds for the 19 provision of intelligence sharing, will not be disbursed by 20 the United States to any group that is, or that is known 21 to be affiliated with, the Iranian Revolutionary Guard 22 Corps–Quds Force or other state sponsor of terrorism. 23 (b) REPORT.—Not later than 90 days after the date 24 of the enactment of this Act, and annually thereafter until 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00895 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 896 HR 5515 PCS the Iraq Train and Equip Fund is no longer in effect, the 1 Secretary of State should submit to the appropriate con- 2 gressional committees a report on the implementation of 3 this section. 4 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE- 5 FINED.—In this section, the term ‘‘appropriate congres- 6 sional committees’’ means— 7 (1) the congressional defense committees; and 8 (2) the Committee on Foreign Relations of the 9 Senate and the Committee on Foreign Affairs of the 10 House of Representatives. 11 SEC. 1230E. REPORT ON IRANIAN EXPENDITURES SUP- 12 PORTING FOREIGN MILITARY AND TER- 13 RORIST ACTIVITIES. 14 (a) IN GENERAL.—Not later than 90 days after the 15 date of the enactment of this Act, and annually thereafter 16 until the date described in subsection (c), the Secretary 17 of State, in consultation with the Director of National In- 18 telligence, shall submit to Congress a report describing 19 Iranian expenditures in the previous calendar year on mili- 20 tary and terrorist activities outside the country, including 21 each of the following: 22 (1) The amount spent in such calendar year on 23 activities by the Islamic Revolutionary Guard Corps, 24 including activities providing support for— 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00896 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 897 HR 5515 PCS (A) Hezbollah; 1 (B) Houthi rebels in Yemen; 2 (C) Hamas; 3 (D) proxy forces in Iraq and Syria; or 4 (E) any other entity or country the Sec- 5 retary determines to be relevant. 6 (2) The amount spent in such calendar year for 7 ballistic missile research and testing or other activi- 8 ties that the Secretary of State determines are de- 9 stabilizing to the Middle East region. 10 (b) FORM.— 11 (1) IN GENERAL.—The report required under 12 subsection (a) shall be submitted in unclassified 13 form, but may include a classified annex. 14 (2) INCLUSION IN ANNUAL COUNTRY REPORTS 15 ON TERRORISM.—The Secretary of State may issue 16 the reports required under subsection (a) by includ- 17 ing such reports in the annual reports required by 18 section 140 of the Foreign Relations Authorization 19 Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f). 20 (c) EXPIRATION DATE.—The date described in this 21 subsection is the date on which the Secretary of State de- 22 termines that the Government of Iran no longer provides 23 support for international terrorism pursuant to the fol- 24 lowing: 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00897 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 898 HR 5515 PCS (1) Section 6(j) of the Export Administration 1 Act of 1979 (as continued in effect under the Inter- 2 national Emergency Economic Powers Act (50 3 U.S.C. 1701 et seq.)). 4 (2) Section 620A of the Foreign Assistance Act 5 of 1961 (22 U.S.C. 2371). 6 (3) Section 40 of the Arms Export Control Act 7 (22 U.S.C. 2780). 8 SEC. 1230F. IMPOSITION OF SANCTIONS. 9 (a) IMPOSITION OF SANCTIONS.— 10 (1) IN GENERAL.—Beginning on the date that 11 is 90 days after the date of the enactment of this 12 Act, the President shall impose the sanctions de- 13 scribed in paragraph (2) with respect to As-Saib Ahl 14 al-Haq and Harakat Hizballah al-Nujaba and for- 15 eign persons that are officials, agents, affiliates of, 16 or owned or controlled by As-Saib Ahl al-Haq or 17 Harakat Hizballah al-Nujaba, as the case may be. 18 (2) SANCTIONS DESCRIBED.—The sanctions de- 19 scribed in this paragraph are sanctions applicable 20 with respect to a foreign person pursuant to Execu- 21 tive Order 13224 (50 U.S.C. 1701 note; relating to 22 blocking property and prohibiting transactions with 23 persons who commit, threaten to commit, or support 24 terrorism). 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00898 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 899 HR 5515 PCS (3) EXCEPTION.—The authorities and require- 1 ments to impose sanctions under this section shall 2 not include the authority or requirement to impose 3 sanctions on the importation of goods (as such term 4 is defined in section 16 of the Export Administration 5 Act of 1979 (50 U.S.C. 4618) (as continued in ef- 6 fect pursuant to the International Emergency Eco- 7 nomic Powers Act (50 U.S.C. 1701 et seq.))). 8 (b) ADDITIONAL REPORTING.— 9 (1) IN GENERAL.—Not later than 180 days 10 after the date of the enactment of this Act, the 11 President shall transmit to the Committee on For- 12 eign Affairs of the House of Representatives and the 13 Committee on Foreign Relations of Senate a report 14 that includes a detailed list of global entities with re- 15 spect to which there is a reasonable basis to deter- 16 mine that Iran’s Islamic Revolutionary Guard Corps 17 has an ownership interest in such entity of not less 18 than 33 percent. 19 (2) FORM.—The report required under para- 20 graph (1) shall be submitted in unclassified form but 21 may contain a classified annex. 22 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00899 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 900 HR 5515 PCS SEC. 1230G. REPORT ON UNITED STATES STRIKES AGAINST 1 SYRIA. 2 Not later than 30 days after the date of the enact- 3 ment of this Act, the Secretary of Defense shall submit 4 to the Committee on Armed Services of the House of Rep- 5 resentatives and the Committee on Armed Services of the 6 Senate a report providing a detailed explanation of the 7 legal basis under both domestic and international law for 8 the strikes conducted by the United States against Syrian 9 regime targets on April 6, 2017, and April 13, 2018, in- 10 cluding a detailed legal analysis of relevant authorities and 11 precedents. Such report shall be unclassified, but may in- 12 clude a classified annex. 13 SEC. 1230H. REPORT ON UNITED STATES MILITARY 14 STRIKES AGAINST SYRIA. 15 Not later than 180 days after the date of the enact- 16 ment of this Act, the Secretary of Defense shall submit 17 to the congressional defense committees and the Com- 18 mittee on Foreign Affairs of the House of Representatives 19 and the Committee on Foreign Relations of the Senate 20 a report regarding the United States military strikes on 21 Syria on April 13, 2018. Such report should address the 22 following: 23 (1) An identification of the objectives of such 24 strikes. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00900 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 901 HR 5515 PCS (2) An examination of whether such objectives 1 were achieved. 2 (3) An examination of any tactical advantages 3 gained by such strikes. 4 (4) An assessment of the extent to which Syr- 5 ian military operations were affected by such strikes, 6 including if such strikes had any lasting impact on 7 such operations. 8 (5) An identification of the legal justification 9 for such strikes. 10 SEC. 1230I. REPORT ON EVOLVING FINANCING MECHA- 11 NISMS LEVERAGED BY THE ISLAMIC STATE 12 AND AFFILIATE ENTITIES. 13 Not later than 180 days after the date of the enact- 14 ment of this Act, the Secretary of Defense, the Secretary 15 of the Treasury, and the Secretary of State, in coordina- 16 tion with other appropriate Federal officials, shall jointly 17 submit to Congress a report that contains an assessment 18 regarding— 19 (1) the current funding mechanisms used by 20 the Islamic State and affiliated entities; 21 (2) the most likely future financing mechanisms 22 available to the Islamic State and affiliated entities; 23 and 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00901 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 902 HR 5515 PCS (3) United States efforts to deny access to such 1 funding mechanisms. 2 Subtitle D—Matters Relating to the 3 Russian Federation 4 SEC. 1231. PROHIBITION ON AVAILABILITY OF FUNDS RE- 5 LATING TO SOVEREIGNTY OF THE RUSSIAN 6 FEDERATION OVER CRIMEA. 7 (a) PROHIBITION.—None of the funds authorized to 8 be appropriated by this Act or otherwise made available 9 for fiscal year 2019 for the Department of Defense may 10 be obligated or expended to implement any activity that 11 recognizes the sovereignty of the Russian Federation over 12 Crimea. 13 (b) WAIVER.—The Secretary of Defense, with the 14 concurrence of the Secretary of State, may waive the re- 15 striction on the obligation or expenditure of funds required 16 by subsection (a) if the Secretary— 17 (1) determines that to do so is in the national 18 security interest of the United States; and 19 (2) submits a notification of the waiver, at the 20 time the waiver is invoked, to the Committee on 21 Armed Services and the Committee on Foreign Rela- 22 tions of the Senate and the Committee on Armed 23 Services and the Committee on Foreign Affairs of 24 the House of Representatives. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00902 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 903 HR 5515 PCS SEC. 1232. LIMITATION ON AVAILABILITY OF FUNDS RELAT- 1 ING TO IMPLEMENTATION OF THE OPEN 2 SKIES TREATY. 3 (a) PROHIBITION ON ACTIVITIES TO MODIFY 4 UNITED STATES AIRCRAFT.— 5 (1) IN GENERAL.—None of the funds author- 6 ized to be appropriated by this Act or otherwise 7 made available for fiscal year 2019 for research, de- 8 velopment, test, and evaluation, Air Force, for arms 9 control implementation (PE 0305145F), Aircraft 10 Procurement, Air Force (line item C135B0/C- 11 135B), or procurement, Air Force, for digital visual 12 imaging system (BA-05, Line Item #1900) may be 13 obligated or expended to carry out any activities to 14 modify any United States aircraft for purposes of 15 implementing the Open Skies Treaty until the Presi- 16 dent submits to the appropriate congressional com- 17 mittees the certification described in paragraph (2). 18 (2) CERTIFICATION.— 19 (A) IN GENERAL.—The certification de- 20 scribed in this paragraph is a certification of 21 the President that— 22 (i) the President has imposed treaty 23 violations responses and legal counter- 24 measures on the Russian Federation for its 25 violations of the Open Skies Treaty; and 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00903 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 904 HR 5515 PCS (ii) the President has fully informed 1 the appropriate congressional committees 2 of such responses and countermeasures. 3 (B) DELEGATION.—The President may 4 delegate the responsibility for making a certifi- 5 cation under subparagraph (A) to the Secretary 6 of the State. 7 (3) APPROPRIATE CONGRESSIONAL COMMIT- 8 TEES DEFINED.—In this subsection, the term ‘‘ap- 9 propriate congressional committees’’ means— 10 (A) the congressional defense committees; 11 and 12 (B) the Committee on Foreign Relations of 13 the Senate and the Committee on Foreign Af- 14 fairs of the House of Representatives. 15 (b) LIMITATION ON USE OF FUNDS TO VOTE OR AP- 16 PROVE CERTAIN IMPLEMENTING DECISIONS OF THE 17 OPEN SKIES CONSULTATIVE COMMISSION.— 18 (1) IN GENERAL.—None of the funds author- 19 ized to be appropriated or otherwise made available 20 by this Act or any other Act for fiscal year 2019 21 may be used to vote to approve or otherwise adopt 22 any implementing decision of the Open Skies Con- 23 sultative Commission pursuant to Article X of the 24 Open Skies Treaty to authorize approval of requests 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00904 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 905 HR 5515 PCS by state parties to the Treaty to certify infra-red or 1 synthetic aperture radar sensors pursuant to Article 2 IV of the Treaty unless and until the following re- 3 quirements are met: 4 (A) The Secretary of Defense, jointly with 5 the relevant United States Government officials, 6 submits to the appropriate congressional com- 7 mittees the following: 8 (i) A certification that the imple- 9 menting decision would not be detrimental 10 or otherwise harmful to the national secu- 11 rity of the United States. 12 (ii) A report on the Open Skies Trea- 13 ty that includes the following: 14 (I) The annual costs to the 15 United States associated with counter- 16 measures to mitigate potential abuses 17 of observation flights by the Russian 18 Federation carried out under the 19 Treaty over European and United 20 States territories involving infra-red 21 or synthetic aperture radar sensors. 22 (II) A plan, and its estimated 23 comparative cost, to replace the Trea- 24 ty architecture with an increased 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00905 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 906 HR 5515 PCS sharing of overhead commercial im- 1 agery, consistent with United States 2 national security, with covered state 3 parties, excluding the Russian Federa- 4 tion. 5 (III) An evaluation by the Direc- 6 tor of National Intelligence of matters 7 concerning how an observation flight 8 described in clause (i) could implicate 9 intelligence activities of the Russian 10 Federation in the United States and 11 United States counterintelligence ac- 12 tivities and vulnerabilities. 13 (IV) An assessment of how such 14 information is used by the Russian 15 Federation, for what purpose, and 16 how the information fits into the Rus- 17 sian Federation’s overall collection 18 posture. 19 (B) Not later than 90 days before the date 20 on which the United States votes to approve or 21 otherwise adopt any such implementing deci- 22 sion, the President shall submit to the appro- 23 priate congressional committees a certification 24 that— 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00906 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 907 HR 5515 PCS (i) the Russian Federation— 1 (I) is in complete compliance 2 with is obligations under the Open 3 Skies Treaty; 4 (II) is not exceeding the imagery 5 limits set forth in the Treaty; and 6 (III) is allowing observation 7 flights by covered state parties over 8 all of Moscow, Chechnya, Kaliningrad, 9 and within 10 kilometers of its border 10 with Georgia’s occupied territories of 11 Abkhazia and South Ossetia without 12 restriction and without inconsistency 13 to requirements under the Treaty; 14 (ii) covered state parties have been 15 notified and briefed on concerns of the in- 16 telligence community (as defined in section 17 3 of the National Security Act of 1947 (50 18 U.S.C. 3003)) regarding infra-red or syn- 19 thetic aperture radar sensors used under 20 the Open Skies Treaty; and 21 (iii) the Russian Federation has 22 agreed to— 23 (I) extradite the 13 Russian citi- 24 zens indicted on February 16, 2018, 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00907 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 908 HR 5515 PCS by the Department of Justice for un- 1 dertaking unlawful activities against 2 the United States; 3 (II) remove illegally stationed 4 Russian troops and materiel from 5 Ukraine’s autonomous Republic of 6 Crimea and the city of Sevastopol; 7 (III) cease all material financial 8 support for Russian proxies in East- 9 ern Ukraine; and 10 (IV) cease all military or finan- 11 cial support to any state that uses or 12 has used against its own civilian pop- 13 ulation any agent or substance banned 14 by the Chemical Weapons Convention. 15 (2) WAIVER.— 16 (A) IN GENERAL.—The President may 17 waive the application of paragraph (1) if the 18 President determines that— 19 (i) the waiver is in the national secu- 20 rity of the United States; and 21 (ii) the Russian Federation has taken 22 clear and verifiable action to return to full 23 and complete compliance with the Open 24 Skies Treaty. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00908 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 909 HR 5515 PCS (B) LIMITATION ON DELEGATION.—The 1 authority of the President under subparagraph 2 (A) to waive the application of paragraph (1) 3 may not be delegated. 4 (3) OPERATION OF OC-135 AIRCRAFT.— 5 (A) IN GENERAL.—It is the sense of Con- 6 gress that— 7 (i) the United States continues to con- 8 duct observation flights under the Open 9 Skies Treaty using OC-135 aircraft, a fleet 10 now in its 57th year of service; and 11 (ii) advances in commercial surveil- 12 lance technology have surpassed the value 13 of aerial observation under the terms of 14 the Open Skies Treaty and brings into 15 questions the continued use of the OC-135 16 fleet for this purpose. 17 (B) REPORT.— 18 (i) IN GENERAL.—Not later than Jan- 19 uary 31, 2019, the Secretary of Defense 20 shall submit to the appropriate congres- 21 sional committees a report on the state of 22 United States OC-135 aircraft with respect 23 to airworthiness, safety of flight, and 24 maintenance reliability. The report shall 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00909 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 910 HR 5515 PCS also include a recommendation as to the 1 prospective date of retirement of the OC- 2 135 fleet. 3 (ii) DEFINITION.—In this subpara- 4 graph, the term ‘‘appropriate congressional 5 committees’’ means— 6 (I) the congressional defense 7 committees; and 8 (II) the Committee on Foreign 9 Relations of the Senate and the Com- 10 mittee on Foreign Affairs of the 11 House of Representatives. 12 (C) SUSPENSION OF OPERATION OF OC-135 13 AIRCRAFT.—The Secretary of Defense is au- 14 thorized to cease operation of United States 15 OC-135 aircraft under the Open Skies Treaty if 16 continued operation of these aircraft would im- 17 pose undue risk to personnel or excessive cost. 18 (c) FORM.—Each certification and report required 19 under this section shall be submitted in unclassified form, 20 but may contain a classified annex if necessary. 21 (d) DEFINITIONS.—Except as otherwise provided, in 22 this section: 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00910 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 911 HR 5515 PCS (1) APPROPRIATE CONGRESSIONAL COMMIT- 1 TEES.—The term ‘‘appropriate congressional com- 2 mittees’’ means— 3 (A) the Committee on Armed Services, the 4 Committee on Foreign Relations, and the Select 5 Committee on Intelligence of the Senate; and 6 (B) the Committee on Armed Services, the 7 Committee on Foreign Affairs, and the Perma- 8 nent Select Committee on Intelligence of the 9 House of Representatives. 10 (2) CHEMICAL WEAPONS CONVENTION.—The 11 term ‘‘Chemical Weapons Convention’’ means the 12 Convention on the Prohibition of the Development, 13 Production, Stockpiling and Use of Chemical Weap- 14 ons and on Their Destruction, entered into force on 15 April 29, 1997. 16 (3) COVERED STATE PARTY.—The term ‘‘cov- 17 ered state party’’ means a foreign country that— 18 (A) is a state party to the Open Skies 19 Treaty; and 20 (B) is a United States ally. 21 (4) INFRA-RED OR SYNTHETIC APERTURE 22 RADAR SENSOR.—The term ‘‘infra-red or synthetic 23 aperture radar sensor’’ means a sensor that is classi- 24 fied as— 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00911 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 912 HR 5515 PCS (A) an infra-red line-scanning device under 1 category C of paragraph 1 of Article IV of the 2 Open Skies Treaty; or 3 (B) a sideways-looking synthetic aperture 4 radar under category D of paragraph 1 of Arti- 5 cle IV of the Open Skies Treaty. 6 (5) OBSERVATION FLIGHT.—The term ‘‘obser- 7 vation flight’’ has the meaning given such term in 8 Article II of the Open Skies Treaty. 9 (6) OPEN SKIES TREATY; TREATY.—The term 10 ‘‘Open Skies Treaty’’ or ‘‘Treaty’’ means the Treaty 11 on Open Skies, done at Helsinki March 24, 1992, 12 and entered into force January 1, 2002. 13 (7) RELEVANT UNITED STATES GOVERNMENT 14 OFFICIALS.—The term ‘‘relevant United States Gov- 15 ernment officials’’ means the following: 16 (A) The Secretary of Energy. 17 (B) The Secretary of Homeland Security. 18 (C) The Director of the Federal Bureau of 19 Investigation. 20 (D) The Director of National Intelligence. 21 (E) The Commander of U.S. Strategic 22 Command and the Commander of U.S. North- 23 ern Command in the case of an observation 24 flight over the territory of the United States. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00912 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 913 HR 5515 PCS (F) The Commander of U.S. European 1 Command in the case of an observation flight 2 other than an observation flight described in 3 subparagraph (E). 4 (8) SENSOR.—The term ‘‘sensor’’ has the 5 meaning given such term in Article II of the Open 6 Skies Treaty. 7 SEC. 1233. COMPREHENSIVE RESPONSE TO THE RUSSIAN 8 FEDERATION’S MATERIAL BREACH OF THE 9 INF TREATY. 10 (a) FINDINGS.—Congress finds the following: 11 (1) James Mattis, Secretary of Defense, testi- 12 fied before the House Armed Services Committee on 13 March 22, 2018, that ‘‘we have very modest expecta- 14 tions that they [Russia] would return to [INF] com- 15 pliance. As a result, in the Nuclear Posture Review, 16 we are looking for a way, at the lowest possible cost, 17 to checkmate them and make it in their best interest 18 to return to compliance.’’. 19 (2) The Honorable Daniel Coats, Director of 20 National Intelligence, testified before the Senate 21 Armed Services Committee on March 6, 2018, that 22 the Russian Federation is violating the INF Treaty 23 because ‘‘Moscow probably believes that the new 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00913 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 914 HR 5515 PCS GLCM provides sufficient advantages that make it 1 worth the risk of violating the INF Treaty.’’. 2 (3) General Hyten, Commander of the United 3 States Strategic Command, also testified before the 4 Senate Armed Services Committee on March 20, 5 2018, about potential strategic advantages for China 6 stemming from their lack of participation in the 7 INF Treaty by saying that ‘‘they do not have any 8 limitations in the INF [Treaty], and they have built 9 significant numbers of intermediate-range ballistic 10 missiles that if they were in the INF [Treaty], they 11 would be contrary to the treaty’’. 12 (4) General Joseph Dunford, Chairman of the 13 Joint Chiefs of Staff, testified before the House 14 Armed Services Committee on April 12, 2018, that 15 ‘‘we’re not only looking for operational concepts and 16 ways to deal with the Russian violation, but we’re 17 also at least posturing ourselves to develop weapons 18 should they be required’’. Secretary of Defense 19 Mattis also stated in that same hearing ‘‘our effort 20 will be matched at State Department by movement 21 on arms control and nonproliferation. There are two 22 thrusts to our nuclear strategy. . .and that’s why 23 those funds have been requested.’’. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00914 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 915 HR 5515 PCS (b) STATEMENT OF POLICY.—It is the policy of the 1 United States as follows: 2 (1) The actions undertaken by the Russian 3 Federation in violation of the INF Treaty, including 4 the flight-test, production, and possession of prohib- 5 ited systems, have defeated the object and purpose 6 of the INF Treaty, and thus constitute a material 7 breach of the INF Treaty. 8 (2) In light of the Russian Federation’s mate- 9 rial breach of the INF Treaty, the United States is 10 legally entitled to suspend the operation of the INF 11 Treaty in whole or in part for so long as the Russian 12 Federation continues to be in material breach of the 13 INF Treaty. 14 (3) For so long as the Russian Federation re- 15 mains in noncompliance with the INF Treaty, the 16 United States should take actions to encourage the 17 Russian Federation to return to compliance with the 18 INF Treaty, including by— 19 (A) providing additional funds for the ca- 20 pabilities identified in section 1243(d) of the 21 National Defense Authorization Act for Fiscal 22 Year 2016 (Public Law 114–92; 129 Stat. 23 1062) and the Intermediate-Range Nuclear 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00915 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 916 HR 5515 PCS Forces Treaty Preservation Act of 2017 (Public 1 Law 115–91; 131 Stat. 1671); and 2 (B) seeking additional missile defense as- 3 sets in the European theater needed to fill mili- 4 tary capability gaps to protect United States 5 and NATO forces from ground-launched missile 6 systems of the Russian Federation that are in 7 noncompliance with the INF Treaty. 8 (c) IMPOSITION OF ARMS CONTROL SANCTIONS.— 9 (1) IN GENERAL.—An amount equal to not less 10 than 25 percent of the amount authorized to be ap- 11 propriated or otherwise made available to the De- 12 partment of Defense for fiscal year 2019 to provide 13 support services to the Executive Office of the Presi- 14 dent, other than support services that are required 15 for senior leader communications services, shall be 16 withheld from obligation or expenditure until the 17 date on which the President has submitted to the 18 appropriate congressional committees the certifi- 19 cation described in paragraph (2). 20 (2) CERTIFICATION DESCRIBED.—The certifi- 21 cation described in this paragraph is a certification 22 of the President that— 23 (A) each requirement of section 1290 of 24 the National Defense Authorization Act for Fis- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00916 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 917 HR 5515 PCS cal Year 2017 (Public Law 114–328; 130 Stat. 1 2555; 22 U.S.C. 2593e) has been fully imple- 2 mented and is continuing to be fully imple- 3 mented; 4 (B) the President has notified the appro- 5 priate congressional committees under such sec- 6 tion 1290 of the imposition of measures de- 7 scribed in subsection (c) of such section with re- 8 spect to each person identified in a report 9 under subsection (a) of such section, including 10 a detailed description of the imposition of all 11 such measures; and 12 (C) the President has submitted the report 13 required by section 1244(c) of the National De- 14 fense Authorization Act for Fiscal Year 2018 15 (Public Law 115–91; 131 Stat. 1674) (relating 16 to report on plan to impose additional sanctions 17 with respect to the Russian Federation). 18 (d) DEFINITIONS.—In this section: 19 (1) APPROPRIATE CONGRESSIONAL COMMIT- 20 TEES.—The term ‘‘appropriate congressional com- 21 mittees’’ means— 22 (A) the Select Committee on Intelligence, 23 the Committee on Foreign Relations, the Com- 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00917 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 918 HR 5515 PCS mittee on Armed Services, and the Committee 1 on Appropriations of the Senate; and 2 (B) the Permanent Select Committee on 3 Intelligence, the Committee on Foreign Affairs, 4 the Committee on Armed Services, and the 5 Committee on Appropriations of the House of 6 Representatives. 7 (2) INF TREATY.—The term ‘‘INF Treaty’’ 8 means the Treaty between the United States of 9 America and the Union of Soviet Socialist Republics 10 on the Elimination of Their Intermediate-Range and 11 Shorter-Range Missiles, signed at Washington De- 12 cember 8, 1987, and entered into force June 1, 13 1988. 14 (3) NEW START TREATY.—The term ‘‘New 15 START Treaty’’ means the Treaty between the 16 United States of America and the Russian Federa- 17 tion on Measures for the Further Reduction and 18 Limitation of Strategic Offensive Arms, signed at 19 Prague April 8, 2010, and entered into force Feb- 20 ruary 5, 2011. 21 (4) OPEN SKIES TREATY.—The term ‘‘Open 22 Skies Treaty’’ means the Treaty on Open Skies, 23 done at Helsinki March 24, 1992, and entered into 24 force January 1, 2002. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00918 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 919 HR 5515 PCS SEC. 1234. MODIFICATION AND EXTENSION OF UKRAINE SE- 1 CURITY ASSISTANCE INITIATIVE. 2 Section 1250 of the National Defense Authorization 3 Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 4 1068), as most recently amended by section 1234 of the 5 National Defense Authorization Act for Fiscal Year 2018 6 (Public Law 115–91; 131 Stat. 1659), is further amend- 7 ed— 8 (1) in subsection (c)— 9 (A) in paragraph (1), by striking ‘‘50 per- 10 cent of the funds available for fiscal year 2018 11 pursuant to subsection (f)(3)’’ and inserting 12 ‘‘50 percent of the funds available for fiscal 13 year 2019 pursuant to subsection (f)(4)’’; 14 (B) in paragraph (3), by striking ‘‘fiscal 15 year 2018’’ and inserting ‘‘fiscal year 2019’’; 16 and 17 (C) by adding at the end the following new 18 paragraph: 19 ‘‘(5) LETHAL ASSISTANCE.—Of the funds avail- 20 able for fiscal year 2019 pursuant to subsection 21 (f)(4), $50,000,000 shall be available only for lethal 22 assistance described in paragraphs (2) and (3) of 23 subsection (b).’’; 24 (2) in subsection (f), by adding at the end the 25 following: 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00919 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 920 HR 5515 PCS ‘‘(4) For fiscal year 2019, $250,000,000.’’; and 1 (3) in subsection (h), by striking ‘‘December 2 31, 2020’’ and inserting ‘‘December 31, 2021’’. 3 SEC. 1235. STATEMENT OF POLICY ON UNITED STATES 4 MILITARY INVESTMENT IN EUROPE. 5 (a) FINDINGS.—Congress finds the following: 6 (1) Both the 2017 National Security Strategy 7 and the 2018 National Defense Strategy highlight 8 the Russian Federation as a long-term strategic 9 competitor to the United States. 10 (2) The Russian Federation uses a whole-of-so- 11 ciety approach to influence and attempt to shape the 12 information space, weaken American resolve and 13 confidence in its democracy, and undermine the 14 power and international standing of the United 15 States. 16 (3) Through the National Defense Authoriza- 17 tion Act for Fiscal Year 2015 (Public Law 113– 18 291), the National Defense Authorization Act for 19 Fiscal Year 2016 (Public Law 114–92), the Na- 20 tional Defense Authorization Act for Fiscal Year 21 2017 (Public Law 114–328), and the National De- 22 fense Authorization Act for Fiscal Year 2018 (Pub- 23 lic Law 115–91), Congress has authorized, in total, 24 approximately $9,800,000,000 for the European Re- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00920 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 921 HR 5515 PCS assurance Initiative, now the European Deterrence 1 Initiative, to reassure partners and allies and build 2 a credible deterrent and defense against the Russian 3 Federation. 4 (b) STATEMENT OF POLICY.—It is the policy of the 5 United States to develop, implement, and sustain a cred- 6 ible deterrent against aggression and long-term strategic 7 competition by the Government of the Russian Federation 8 in order to enhance regional and global security and sta- 9 bility, including by the following: 10 (1) Increased United States presence in Europe 11 through additional permanently stationed forces, in- 12 cluding logistics enablers and a combat aviation bri- 13 gade. 14 (2) Continued United States presence in Eu- 15 rope through rotational forces. 16 (3) Increased United States pre-positioned mili- 17 tary equipment, including munitions, logistics 18 enablers, and a division headquarters. 19 (4) Sufficient and necessary infrastructure ad- 20 ditions and improvements throughout Europe. 21 (5) Increased investment and prioritization to 22 counter indirect action (such as information oper- 23 ations intended to influence), including sufficient 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00921 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 922 HR 5515 PCS cyber, counter-propaganda, and intelligence re- 1 sources. 2 (6) Sufficient security cooperation resources 3 and opportunities with partners and allies, including 4 with member countries of the North Atlantic Treaty 5 Organization. 6 SEC. 1236. IMPOSITION OF SANCTIONS WITH RESPECT TO 7 CERTAIN PERSONS PROVIDING SOPHISTI- 8 CATED GOODS, SERVICES, OR TECH- 9 NOLOGIES FOR USE IN THE PRODUCTION OF 10 MAJOR DEFENSE EQUIPMENT OR ADVANCED 11 CONVENTIONAL WEAPONS. 12 (a) REPORT ON SANCTIONED PERSONS RELATING TO 13 RUSSIAN FEDERATION’S NOTED VIOLATION OF THE INF 14 TREATY.— 15 (1) REPORT.— 16 (A) IN GENERAL.—Not later than 120 17 days after the date of enactment of this Act, 18 the President shall submit to the appropriate 19 congressional committees a report that contains 20 a list of persons described in section 1290(a)(1) 21 of the National Defense Authorization Act for 22 Fiscal Year 2017 related to the Russian Fed- 23 eration’s noted violation of the INF Treaty, as 24 noted in the 2016 Report on Adherence to and 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00922 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 923 HR 5515 PCS Compliance With Arms Control, Nonprolifera- 1 tion, and Disarmament Agreements and Com- 2 mitments. 3 (B) FORM.—The report required by sub- 4 paragraph (A) shall be provided in unclassified 5 form, but may contain a classified annex. 6 (C) APPROPRIATE CONGRESSIONAL COM- 7 MITTEES DEFINED.—In this paragraph, the 8 term ‘‘appropriate congressional committees’’ 9 has the meaning given such term in section 10 1290(h) of the National Defense Authorization 11 Act for Fiscal Year 2017. 12 (2) INF TREATY DEFINED.—In this subsection, 13 the term ‘‘INF Treaty’’ means the Treaty Between 14 the United States of America and the Union of So- 15 viet Socialist Republics on the Elimination of Their 16 Intermediate-Range and Shorter-Range Missiles, 17 commonly referred to as the ‘‘Intermediate- Range 18 Nuclear Forces (INF) Treaty’’, signed at Wash- 19 ington December 8, 1987, and entered into force 20 June 1, 1988. 21 (b) REPORT ON SUPPLY CHAINS FOR RUSSIAN ARMS 22 SALES PROGRAMS.— 23 (1) IN GENERAL.—Not later than 180 days 24 after the date of the enactment of this Act, the 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00923 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 924 HR 5515 PCS President shall submit to the appropriate congres- 1 sional committees a report that contains the fol- 2 lowing: 3 (A) An analysis of the foreign and domes- 4 tic supply chains in the Russian Federation 5 that directly or indirectly significantly facili- 6 tates, supports, or otherwise aids the Govern- 7 ment of the Russian Federation’s development, 8 export, sale, or transfer of major defense equip- 9 ment or advanced conventional weapons. 10 (B) A description of the geographic dis- 11 tribution of the foreign and domestic supply 12 chains described in subparagraph (A), including 13 sources of sophisticated goods, services, or tech- 14 nologies used for or by Russia for the develop- 15 ment, export, sale, or transfer of such equip- 16 ment or weapons. 17 (C) An assessment of the ability of the 18 Russian Government to domestically manufac- 19 ture or otherwise produce the goods, services, or 20 technology necessary to support the develop- 21 ment, export, sale, or transfer of such equip- 22 ment or weapons. 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00924 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 925 HR 5515 PCS (2) FORM.—The report required under para- 1 graph (1) shall be submitted in unclassified form, 2 but may contain a classified annex. 3 (3) APPROPRIATE CONGRESSIONAL COMMIT- 4 TEES DEFINED.—In this subsection, the term ‘‘ap- 5 propriate congressional committees’’ means— 6 (A) the Committee on Foreign Relations 7 and the Select Committee on Intelligence of the 8 Senate; and 9 (B) the Committee on Foreign Affairs and 10 the Permanent Select Committee on Intelligence 11 of the House of Representatives. 12 (c) IMPOSITION OF SANCTIONS WITH RESPECT TO 13 CERTAIN PERSONS PROVIDING SOPHISTICATED GOODS, 14 SERVICES, OR TECHNOLOGIES FOR USE IN THE PRODUC- 15 TION OF MAJOR DEFENSE EQUIPMENT OR ADVANCED 16 CONVENTIONAL WEAPONS.— 17 (1) IDENTIFICATION.— 18 (A) IN GENERAL.—Not later than 60 days 19 after the date of the submission of the report 20 under subsection (b), and annually thereafter 21 for 5 years, the President shall submit to the 22 appropriate congressional committees a report 23 that identifies each foreign person and each 24 agency or instrumentality of a foreign state 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00925 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 926 HR 5515 PCS that the President determines is a foreign per- 1 son or an agency or instrumentality of a foreign 2 state described in subparagraph (B). 3 (B) FOREIGN PERSON OR AGENCY OR IN- 4 STRUMENTALITY OF A FOREIGN STATE DE- 5 SCRIBED.—A foreign person or an agency or in- 6 strumentality of a foreign state described in 7 this subparagraph is a foreign person or an 8 agency or instrumentality of a foreign state 9 that— 10 (i) knowingly sells, leases, or other- 11 wise provides significant sophisticated 12 goods, services, or technology, to any enti- 13 ties owned or controlled by the Govern- 14 ment of the Russian Federation; or 15 (ii) engages in a significant trans- 16 action or transactions to sell, lease, or oth- 17 erwise provide such sophisticated goods, 18 services, or technologies, to entities bene- 19 ficially owned by the Russian Federation, 20 if such activity under clause (i) or transaction 21 under clause (ii) materially contributes to the 22 ability of Russia to develop or produce major 23 defense equipment or advanced conventional 24 weapons. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00926 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 927 HR 5515 PCS (C) FORM.—The report required under 1 subparagraph (A) shall be submitted in unclas- 2 sified form, but may contain a classified annex. 3 (D) EXCEPTION.— 4 (i) IN GENERAL.—The President shall 5 not be required to identify a foreign person 6 or an agency or instrumentality of a for- 7 eign state in a report pursuant to subpara- 8 graph (A) if— 9 (I) the foreign person or the 10 agency or instrumentality of a foreign 11 state notifies the United States Gov- 12 ernment in advance that it proposes 13 to engage in an activity under sub- 14 paragraph (B)(i) or a transaction 15 under subparagraph (B)(ii); and 16 (II) the President determines and 17 notifies the appropriate congressional 18 committees in classified form prior to 19 the foreign person or agency or in- 20 strumentality of a foreign state engag- 21 ing in the activity under subparagraph 22 (B)(i) or transaction under subpara- 23 graph (B)(ii) that such activity or 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00927 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 928 HR 5515 PCS transaction is in the national interests 1 of the United States. 2 (ii) NON-APPLICABILITY.—The excep- 3 tion under clause (i) shall not apply with 4 respect to— 5 (I) an agency or instrumentality 6 of a foreign state the government of 7 which the Secretary of State deter- 8 mines has repeatedly provided support 9 for acts of international terrorism 10 pursuant to section 6(j) of the Export 11 Administration Act of 1979 (as con- 12 tinued in effect pursuant to the Inter- 13 national Emergency Economic Powers 14 Act), section 40 of the Arms Export 15 Control Act, section 620A of the For- 16 eign Assistance Act of 1961, or any 17 other relevant provision of law; or 18 (II) any activity under subpara- 19 graph (B)(i) or transaction under sub- 20 paragraph (B)(ii) that involves, di- 21 rectly or indirectly, a foreign state de- 22 scribed in subclause (I). 23 (2) SANCTIONS IMPOSED.— 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00928 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 929 HR 5515 PCS (A) IN GENERAL.—Except as provided in 1 subparagraph (C), not later than 180 days 2 after the date of the submission of the report 3 under subsection (b), and annually thereafter 4 for 8 years, the President shall impose one or 5 more of the sanctions described in subpara- 6 graph (B) with respect to any foreign person or 7 agency or instrumentality of a foreign state 8 identified pursuant to paragraph (1). 9 (B) SANCTIONS DESCRIBED.—The sanc- 10 tions described in this subparagraph are the fol- 11 lowing: 12 (i) No sales of any defense articles, 13 defense services, or design and construc- 14 tion services under the Arms Export Con- 15 trol Act (22 U.S.C. 2751 et seq.) may be 16 made to the foreign person or agency or 17 instrumentality of the foreign state. 18 (ii) No licenses for export of any item 19 on the United States Munitions List that 20 include the foreign person or agency or in- 21 strumentality of the foreign state as a 22 party to the license may be granted. 23 (iii) No exports may be permitted to 24 the foreign person or agency or instrumen- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00929 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 930 HR 5515 PCS tality of the foreign state of any goods or 1 technologies controlled for national security 2 reasons under the Export Administration 3 Regulations, except that such prohibition 4 shall not apply to any transaction subject 5 to the reporting requirements of title V of 6 the National Security Act of 1947 (50 7 U.S.C. 413 et seq.; relating to congres- 8 sional oversight of intelligence activities). 9 (iv)(I) The President may exercise of 10 all powers granted to the President by the 11 International Emergency Economic Powers 12 Act (50 U.S.C. 1701 et seq.) (except that 13 the requirements of section 202 of such 14 Act (50 U.S.C. 1701) shall not apply) to 15 the extent necessary to block and prohibit 16 all transactions in all property and inter- 17 ests in property of a foreign person or 18 agency or instrumentality of the foreign 19 state if such property and interests in 20 property are in the United States, come 21 within the United States, or are or come 22 within the possession or control of a 23 United States person. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00930 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 931 HR 5515 PCS (II)(aa) The authority to impose sanc- 1 tions under subclause (I) shall not include 2 the authority to impose sanctions relating 3 to the importation of goods. 4 (bb) In item (aa), the term ‘‘good’’ 5 has the meaning given such term in section 6 16 of the Export Administration Act of 7 1979 (50 U.S.C. App. 2415) (as continued 8 in effect pursuant to the International 9 Emergency Economic Powers Act (50 10 U.S.C. 1701 et seq.)). 11 (cc) The penalties provided for in sub- 12 sections (b) and (c) of section 206 of the 13 International Emergency Economic Powers 14 Act (50 U.S.C. 1705) shall apply to a per- 15 son that violates, attempts to violate, con- 16 spires to violate, or causes a violation of 17 regulations promulgated under this section 18 to carry out subclause (I) to the same ex- 19 tent that such penalties apply to a person 20 that commits an unlawful act described in 21 section 206(a) of that Act. 22 (dd) Except as provided in subpara- 23 graph (I), the President may exercise all 24 authorities provided to the President under 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00931 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 932 HR 5515 PCS sections 203 and 205 of the International 1 Emergency Economic Powers Act (50 2 U.S.C. 1702 and 1704) for purposes of 3 carrying out subclause (I). 4 (C) EXCEPTIONS.—The President shall not 5 be required to apply sanctions with respect to 6 a foreign person or an agency or instrumen- 7 tality of a foreign state identified pursuant to 8 paragraph (1)— 9 (i)(I) if the President certifies to the 10 appropriate congressional committees that 11 the foreign person or agency or instrumen- 12 tality of the foreign state— 13 (aa) is no longer carrying out ac- 14 tivities or transactions for which the 15 sanctions were imposed pursuant to 16 this paragraph; or 17 (bb) has taken and is continuing 18 to take significant verifiable steps to- 19 ward terminating the activities or 20 transactions for which the sanctions 21 were imposed pursuant to this para- 22 graph; and 23 (II) the President has received reliable 24 assurances from the foreign person or the 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00932 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 933 HR 5515 PCS agency or instrumentality of the foreign 1 state that it will not carry out any activi- 2 ties or transactions for which sanctions 3 may be imposed pursuant to this para- 4 graph in the future; 5 (ii) in the case of procurement of de- 6 fense articles or defense services by the 7 United States Government under existing 8 contracts or subcontracts, including the ex- 9 ercise of options for production quantities 10 to satisfy requirements essential to the na- 11 tional security of the United States, if the 12 President determines in writing to the ap- 13 propriate congressional committees that— 14 (I) the foreign person or agency 15 or instrumentality of a foreign state 16 to which the sanctions would other- 17 wise be applied is a sole source sup- 18 plier of the defense articles or serv- 19 ices, that the defense articles or serv- 20 ices are essential, and that alternative 21 sources are not readily or reasonably 22 available; and 23 (II) it is in the national interest 24 and the President certifies such deter- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00933 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 934 HR 5515 PCS mination in writing to the appropriate 1 congressional committees; or 2 (iii) if the President certifies in writ- 3 ing to the appropriate congressional com- 4 mittees that the identification of the for- 5 eign person or agency or instrumentality of 6 a foreign state would impede the supply by 7 any entity of the Russian Federation of a 8 product or service, or the procurement of 9 such product or service, by the Govern- 10 ment of the United States— 11 (I) for purposes of civil aviation 12 safety; or 13 (II) in connection with any space 14 launch conducted for the Government 15 of the United States. 16 (3) WAIVER.—The President may waive the ap- 17 plication of paragraph (2) for renewable periods not 18 to exceed 180 days with respect to a foreign person 19 or foreign persons, or agency or instrumentality of 20 a foreign state, if the President— 21 (A) determines that the waiver is impor- 22 tant to the national security of the United 23 States; and 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00934 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 935 HR 5515 PCS (B) before the waiver takes effect, briefs 1 the appropriate congressional committees on the 2 waiver and the reason for the waiver. 3 (4) DEFINITIONS.—In this subsection: 4 (A) ADVANCED CONVENTIONAL WEAP- 5 ONS.—The term ‘‘advanced conventional weap- 6 ons’’ includes— 7 (i) such long-range precision-guided 8 munitions, fuel air explosives, cruise mis- 9 siles, low observability aircraft, other radar 10 evading aircraft, advanced military air- 11 craft, military satellites, electromagnetic 12 weapons, and laser weapons that the Presi- 13 dent determines enhance offensive capabili- 14 ties in destabilizing ways; 15 (ii) such advanced command, control, 16 and communications systems, electronic 17 warfare systems, or intelligence collection 18 systems that the President determines en- 19 hance offensive capabilities in destabilizing 20 ways; 21 (iii) the S–300 and S–400 missile de- 22 fense systems and air superiority fighters; 23 and 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00935 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 936 HR 5515 PCS (iv) such other items or systems as 1 the President may, by regulation, deter- 2 mine necessary for purposes of this sub- 3 section. 4 (B) AGENCY OR INSTRUMENTALITY OF A 5 FOREIGN STATE.—The term ‘‘agency or instru- 6 mentality of a foreign state’’ has the meaning 7 given such term in section 1603(b) of title 28, 8 United States Code. 9 (C) APPROPRIATE CONGRESSIONAL COM- 10 MITTEES.—The term ‘‘appropriate congres- 11 sional committees’’ means— 12 (i) the Committee on Foreign Rela- 13 tions, the Committee on Armed Services, 14 the Committee on Banking, Housing, and 15 Urban Affairs, and the Committee on Fi- 16 nance of the Senate; and 17 (ii) the Committee on Foreign Affairs, 18 the Committee on Armed Services, the 19 Committee on Financial Services, and the 20 Committee on Ways and Means of the 21 House of Representatives. 22 (D) FOREIGN PERSON.—The term ‘‘foreign 23 person’’ means— 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00936 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 937 HR 5515 PCS (i) an individual who is not a United 1 States person; or 2 (ii) a corporation, partnership, or 3 other nongovernmental entity which is not 4 a United States person. 5 (E) MAJOR DEFENSE EQUIPMENT.—The 6 term ‘‘major defense equipment’’ has the mean- 7 ing given such term under section 120.8 of title 8 22, Code of Federal Regulations (as in effect on 9 the date of the enactment of this Act). 10 (F) PERSON.—The term ‘‘person’’ 11 means— 12 (i) a natural person; 13 (ii) a corporation, business associa- 14 tion, partnership, society, trust, financial 15 institution, insurer, underwriter, guar- 16 antor, and any other business organization, 17 any other nongovernmental entity, organi- 18 zation, or group, and any governmental en- 19 tity operating as a business enterprise; and 20 (iii) any successor to any entity de- 21 scribed in clause (ii). 22 (G) UNITED STATES PERSON.—The term 23 ‘‘United States person’’ means— 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00937 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 938 HR 5515 PCS (i) a United States citizen or an alien 1 lawfully admitted for permanent residence 2 to the United States; 3 (ii) an entity organized under the laws 4 of the United States or of any jurisdiction 5 within the United States, including a for- 6 eign branch of such an entity; or 7 (iii) any person in the United States. 8 (5) DETERMINATION OF SOPHISTICATED.—The 9 Secretary of State, with the concurrence of the Sec- 10 retary of Defense and in coordination with the heads 11 of other relevant Federal agencies, shall promulgate 12 regulations to determine if a good, service, or tech- 13 nology is sophisticated for purposes of this section. 14 (6) DETERMINATION OF BENEFICIAL OWNER- 15 SHIP.—Not later than 90 days after the date of the 16 enactment of this Act, the President shall promul- 17 gate regulations for determining beneficial ownership 18 of an entity described in paragraph (1)(B)(ii) to be 19 less than fifty percent ownership. 20 (7) COOPERATION.—The Secretary of State 21 shall seek to consult and cooperate with United 22 States allies and partners to impose sanctions as re- 23 quired under this subsection and to maximize the ef- 24 fect of these sanctions. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00938 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 939 HR 5515 PCS (8) EFFECTIVE DATE.—This subsection takes 1 effect on the date of the enactment of this Act and 2 applies with respect to activities and transactions de- 3 scribed in paragraph (1) that are carried out on or 4 after such date of enactment. 5 (d) ADDITIONAL MEASURES FOR THE PURCHASE OF 6 CERTAIN DEFENSE ARTICLES OR DEFENSE SERVICES 7 FROM RUSSIA.— 8 (1) IN GENERAL.—In the case of an agency or 9 instrumentality of the Islamic Republic of Iran or of 10 any other state sponsor of terrorism that engages in 11 the activities described in paragraph (2), the Presi- 12 dent shall, pursuant to section 6 of the Export Ad- 13 ministration Act of 1979 (as continued in effect pur- 14 suant to the International Emergency Economic 15 Powers Act (50 U.S.C. 1701 et seq.)), require a li- 16 cense under the Export Administration Regulations 17 to export, re-export, or transfer to that foreign state, 18 or specific sectors of that foreign state, any item 19 subject to the Export Administration Regulations 20 other than food, medicine, or medical devices. 21 (2) ACTIVITIES DESCRIBED.—The activities de- 22 scribed in this paragraph are the purchase, lease, or 23 acquisition, on or after March 6, 2014, of major de- 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00939 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 940 HR 5515 PCS fense equipment or advanced conventional weapons 1 from the Russian Federation. 2 (3) SUSPENSION OF APPLICATION.—The Presi- 3 dent may suspend the application of the measures 4 described in paragraph (1) for renewable periods not 5 to exceed 180 days if the President determines and 6 reports to the appropriate congressional committees 7 that it is in the national security interest of the 8 United States to do so. 9 (4) RULE OF CONSTRUCTION.—Nothing in this 10 subsection shall be construed to apply to reexports 11 of foreign manufactured items by non-United States 12 persons that contain less than 10 percent United 13 States-origin content, or previously licensed exports, 14 reexports, or transfers. 15 (5) DEFINITIONS.—In this subsection: 16 (A) ADVANCED CONVENTIONAL WEAP- 17 ONS.—The term ‘‘advanced conventional weap- 18 ons’’ has the meaning given such term in sub- 19 section (c). 20 (B) APPROPRIATE CONGRESSIONAL COM- 21 MITTEES.—The term ‘‘appropriate congres- 22 sional committees’’ means the Committee on 23 Foreign Relations of the Senate and the Com- 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00940 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 941 HR 5515 PCS mittee on Foreign Affairs of the House of Rep- 1 resentatives. 2 (C) EXPORT ADMINISTRATION REGULA- 3 TIONS.—The term ‘‘Export Administration 4 Regulations’’ means subchapter C of chapter 5 VII of title 15, Code of Federal Regulations (as 6 in effect on the date of the enactment of this 7 Act). 8 (D) MAJOR DEFENSE EQUIPMENT.—The 9 term ‘‘major defense equipment’’ has the mean- 10 ing given such term in subsection (c). 11 (E) STATE SPONSOR OF TERRORISM.—The 12 term ‘‘state sponsor of terrorism’’ means a 13 country the government of which the Secretary 14 of State determines has repeatedly provided 15 support for acts of international terrorism pur- 16 suant to section 6(j) of the Export Administra- 17 tion Act of 1979 (as continued in effect pursu- 18 ant to the International Emergency Economic 19 Powers Act), section 40 of the Arms Export 20 Control Act, section 620A of the Foreign As- 21 sistance Act of 1961, or any other relevant pro- 22 vision of law. 23 (6) EFFECTIVE DATE.—The licensing require- 24 ment under paragraph (1) shall take effect not later 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00941 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 942 HR 5515 PCS than 90 days after the date of the enactment of this 1 Act. 2 (e) SPECIAL RULE TO ALLOW FOR TERMINATION OF 3 SANCTIONS WITH RESPECT TO PERSONS ENGAGING IN 4 TRANSACTIONS WITH THE INTELLIGENCE OR DEFENSE 5 SECTORS OF THE GOVERNMENT OF THE RUSSIAN FED- 6 ERATION.—Section 231 of the Countering America’s Ad- 7 versaries Through Sanctions Act (Public Law 115–44; 22 8 U.S.C. 9525) is amended— 9 (1) by redesignating subsections (d) and (e) as 10 subsection (e) and (f), respectively; and 11 (2) by inserting after subsection (c), as amend- 12 ed, the following new subsection: 13 ‘‘(d) SPECIAL RULE TO ALLOW FOR TERMINATION 14 OF SANCTIONABLE ACTIVITY.— 15 ‘‘(1) CERTIFICATION.—The President shall not 16 be required to apply sanctions to a person described 17 in subsection (a) for renewable periods not to exceed 18 180 days with respect to the person if the President 19 certifies in writing to the appropriate congressional 20 committees that— 21 ‘‘(A) the person— 22 ‘‘(i) is no longer engaging in the activ- 23 ity described in subsection (a); 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00942 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 943 HR 5515 PCS ‘‘(ii) has taken and is continuing to 1 take significant verifiable steps toward ter- 2 minating the activity described in that sub- 3 section; or 4 ‘‘(iii) has agreed to reduce reliance 5 upon Russian defense or intelligence sec- 6 tors of the Government of the Russian 7 Federation trade over a specified period; 8 ‘‘(B) the person is taking specified actions 9 to further the enforcement of this section; and 10 ‘‘(C) the President has received reliable as- 11 surances from the government with primary ju- 12 risdiction over the person that the person will 13 not engage in any activity described in sub- 14 section (a) in the future outside of the param- 15 eters of any actions specified in subparagraph 16 (A)(ii) or (iii) of such certification. 17 ‘‘(2) FORM.—The certification described in 18 paragraph (1) shall be transmitted in an unclassified 19 form, and may contain a classified annex.’’. 20 (f) EXCEPTION RELATING TO IMPORTATION OF 21 GOODS.—No provision affecting sanctions under this sec- 22 tion or an amendment made by this section shall apply 23 to any portion of a sanction that affects the importation 24 of goods. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00943 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 944 HR 5515 PCS (g) TERMINATION.—This section, including the au- 1 thority to impose sanctions under this section and any 2 sanctions so imposed, and any amendment made by this 3 section shall terminate on the date that is 5 years after 4 the date of the enactment of this Act. 5 SEC. 1237. EXTENSION OF LIMITATION ON MILITARY CO- 6 OPERATION BETWEEN THE UNITED STATES 7 AND THE RUSSIAN FEDERATION. 8 Section 1232(a) of the National Defense Authoriza- 9 tion Act for Fiscal Year 2017 (Public Law 114–328; 130 10 Stat. 2488), as amended by section 1231 of the National 11 Defense Authorization Act for Fiscal Year 2018 (Public 12 Law 115–91), is further amended by striking ‘‘or 2018’’ 13 and inserting ‘‘, 2018, or 2019’’. 14 SEC. 1238. SENSE OF CONGRESS REGARDING RUSSIA’S VIO- 15 LATIONS OF THE CHEMICAL WEAPONS CON- 16 VENTION. 17 (a) FINDINGS.—Congress finds the following: 18 (1) The United States ratified the Convention 19 on the Prohibition of the Development, Production, 20 Stockpiling and Use of Chemical Weapons and on 21 their Destruction, known as the ‘‘Chemical Weapons 22 Convention’’, on April 24, 1997. 23 (2) The Russian Federation ratified the Chem- 24 ical Weapons Convention on November 5, 1997. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00944 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 945 HR 5515 PCS (3) Article 1 of the Chemical Weapons Conven- 1 tion requires all signatories to ‘‘never under any cir- 2 cumstances * * * use chemical weapons’’. 3 (4) Russia’s stock of chemical weapons has 4 been implicated in the assassination or injuries of 5 the following individuals: 6 (A) Sergei Skripal, Yulia Skripal, and 7 Wiltshire Police Detective Sergeant Nicholas 8 Bailey, poisoned using the nerve agent 9 ‘‘novichok’’ in Salisbury, England, in March 10 2018. 11 (B) Alexander Litvinenko, poisoned using 12 polonium, in London, England, in November 13 2006, about whose death a January 2016 in- 14 quest ordered by the British Parliament con- 15 cluded ‘‘the FSB operation to kill Mr 16 Litvinenko was probably approved by Mr 17 Patrushev [then-director of the FSB] and also 18 by President Putin’’. 19 (5) Russia has also demonstrated its disregard 20 for the obligations imposed by the Chemical Weap- 21 ons Convention by— 22 (A) continuing to provide military and dip- 23 lomatic support for Syrian President Bashar al- 24 Assad, who has used chemical weapons includ- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00945 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 946 HR 5515 PCS ing chlorine gas and sarin against Syrian citi- 1 zens; 2 (B) actively working to hinder the efforts 3 of inspectors of the Organization for the Prohi- 4 bition of Chemical Weapons in Syria; and 5 (C) consistently using its veto power at the 6 United Nations Security Council to prevent ef- 7 fective international action against Assad for 8 such activities. 9 (6) The Condition 10(C) Report on Compliance 10 with the Convention on the Prohibition of the Devel- 11 opment, Production, Stockpiling and Use of Chem- 12 ical Weapons and on Their Destruction published by 13 the Department of State in March 2018 asserts that 14 ‘‘Based on available information, the United States 15 cannot certify that Russia has met its obligations 16 under the Chemical Weapons Convention for dec- 17 laration of its: (1) [chemical weapons production fa- 18 cilities]; (2) [chemical weapons] development facili- 19 ties; and (3) [chemical weapons] stockpiles. In fact, 20 due to Russia’s March 4, 2018, use of a military- 21 grade nerve agent to attack two individuals in the 22 United Kingdom, the United States certifies that the 23 Russian Federation is in non-compliance with its ob- 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00946 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 947 HR 5515 PCS ligations under the [Chemical Weapons Conven- 1 tion].’’. 2 (b) SENSE OF CONGRESS.—It is the sense of Con- 3 gress that the Russia’s actions constitute violations of 4 Russia’s obligations under the Chemical Weapons Conven- 5 tion. 6 SEC. 1239. UNITED STATES ACTIONS REGARDING MATE- 7 RIAL BREACH OF INF TREATY BY THE RUS- 8 SIAN FEDERATION. 9 (a) UNITED STATES ACTIONS.—If the President does 10 not certify to the appropriate congressional committees 11 that the Russian Federation has returned to full and 12 verifiable compliance with the INF Treaty within one year 13 of the date of the enactment of this Act, the prohibitions 14 set forth in Article VI of the INF Treaty shall no longer 15 be binding on the United States as a matter of United 16 States law. 17 (b) DEFINITIONS.—In this section: 18 (1) APPROPRIATE CONGRESSIONAL COMMIT- 19 TEES.—The term ‘‘appropriate congressional com- 20 mittees’’ means— 21 (A) the congressional defense committees; 22 and 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00947 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 948 HR 5515 PCS (B) the Committee on Foreign Relations of 1 the Senate and the Committee on Foreign Af- 2 fairs of the House of Representatives. 3 (2) INF TREATY.—The term ‘‘INF Treaty’’ 4 means the Treaty Between the United States of 5 America and the Union of Soviet Socialist Republics 6 on the Elimination of Their Intermediate-Range and 7 Shorter-Range Missiles, commonly referred to as the 8 ‘‘Intermediate-Range Nuclear Forces (INF) Trea- 9 ty’’, signed at Washington December 8, 1987, and 10 entered into force June 1, 1988. 11 SEC. 1240. LIMITATION ON AVAILABILITY OF FUNDS TO EX- 12 TEND THE IMPLEMENTATION OF THE NEW 13 START TREATY. 14 (a) FINDINGS.—Congress finds the following: 15 (1) The New START Treaty provides that, 16 ‘‘[w]hen a Party believes that a new kind of stra- 17 tegic offensive arm is emerging, that Party shall 18 have the right to raise the question of such a stra- 19 tegic offensive arm for consideration in the Bilateral 20 Consultative Commission’’. 21 (2) Russian Federation President Vladimir 22 Putin stated in a March 1, 2018, public speech 23 that— 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00948 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 949 HR 5515 PCS (A) ‘‘I will speak about the newest systems 1 of Russian strategic weapons that we are cre- 2 ating * * * we have embarked on the develop- 3 ment of the next generation of missiles.’’; 4 (B) ‘‘We started to develop new types of 5 strategic arms that do not use ballistic trajec- 6 tories at all when moving toward a target.’’; 7 (C) ‘‘One of them is a small-scale heavy- 8 duty nuclear energy unit that can be installed 9 in a missile like our latest X-101 air-launched 10 missile * * * In late 2017, Russia successfully 11 launched its latest nuclear-powered missile at 12 the central training ground. During its flight, 13 the nuclear-powered engine reached its design 14 capacity and provided the necessary propul- 15 sion.’’; 16 (D) ‘‘[i]n December 2017, an innovative 17 nuclear power unit for this unmanned under- 18 water vehicle completed a test cycle that lasted 19 many years * * * [t]he tests that were con- 20 ducted enabled us to begin developing a new 21 type of strategic weapon that would carry mas- 22 sive nuclear ordnance’’; 23 (E) ‘‘[b]y the way, we have yet to choose 24 names for these two new strategic weapons, the 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00949 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 950 HR 5515 PCS global range cruise missile and the unmanned 1 underwater vehicle. We are waiting for sugges- 2 tions from the Defence Ministry’’; 3 (F) ‘‘A real technological breakthrough is 4 the development of a strategic missile system 5 with fundamentally new combat equipment—a 6 gliding wing unit, which has also been success- 7 fully tested * * * [w]e called it the Avangard’’; 8 and 9 (G) ‘‘I want to specifically emphasise that 10 the newly developed strategic arms—in fact, 11 new types of strategic weapons—are not the re- 12 sult of something left over from the Soviet 13 Union. Of course, we relied on some ideas from 14 our ingenious predecessors. But everything I 15 have described today is the result of the last 16 several years, the product of dozens of research 17 organisations, design bureaus and institute.’’. 18 (3) During the House Armed Services Com- 19 mittee hearing on April 12, 2018, Secretary of De- 20 fense James Mattis was asked whether Russia 21 should honor the terms of the treaty and limit its 22 new strategic offensive arms under the New START 23 Treaty as it requires and he stated ‘‘Sir, I believe 24 they should.’’. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00950 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 951 HR 5515 PCS (b) LIMITATION.—None of the funds authorized to 1 be appropriated or otherwise made available for fiscal year 2 2019 for the Department of Defense may be obligated or 3 expended to extend the implementation of the New 4 START Treaty unless and until the President— 5 (1) certifies to the appropriate congressional 6 committees that— 7 (A) the President has raised the issue of 8 covered Russian systems in the appropriate fora 9 with the Russian Federation under Article V of 10 the New START Treaty or otherwise; and 11 (B) the Russian Federation has responded 12 in writing to the United States as to whether 13 they will agree to declare the covered Russian 14 systems as strategic offensive arms or otherwise 15 pursuant to the New START Treaty; 16 (2) submits a copy of the written response of 17 the Russian Federation described in paragraph 18 (1)(B) to the appropriate congressional committees; 19 and 20 (3) notifies the appropriate congressional com- 21 mittees as to whether the position of the Russian 22 Federation threatens the viability of the New 23 START Treaty or requires appropriate United 24 States political, economic, or military responses. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00951 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 952 HR 5515 PCS (c) DEFINITIONS.—In this section: 1 (1) APPROPRIATE CONGRESSIONAL COMMIT- 2 TEES.—The term ‘‘appropriate congressional com- 3 mittees’’ means— 4 (A) the congressional defense committees; 5 and 6 (B) the Committee on Foreign Relations of 7 the Senate and the Committee on Foreign Af- 8 fairs of the House of Representatives. 9 (2) COVERED RUSSIAN SYSTEMS.—The term 10 ‘‘covered Russian systems’’ means the following: 11 (A) The heavy intercontinental missile sys- 12 tem known as ‘‘Sarmat’’ or otherwise identified. 13 (B) An air-launched nuclear-powered 14 cruise missile known as ‘‘X-101’’ or otherwise 15 identified. 16 (C) An unmanned underwater vehicle 17 known as ‘‘Status 6’’ or otherwise identified. 18 (D) The long-distance guided flight 19 hypersonic weapons system known by 20 ‘‘Avanguard’’ or otherwise identified. 21 (3) NEW START TREATY.—The term ‘‘New 22 START Treaty’’ means the Treaty between the 23 United States of America and the Russian Federa- 24 tion on Measures for the Further Reduction and 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00952 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 953 HR 5515 PCS Limitation of Strategic Offensive Arms, signed at 1 Prague April 8, 2010, and entered into force Feb- 2 ruary 5, 2011. 3 SEC. 1241. REPORT ON KREMLIN-LINKED CORRUPTION. 4 (a) SENSE OF CONGRESS.—It is the sense of Con- 5 gress that— 6 (1) the intelligence community should dedicate 7 resources to further expose key networks which the 8 corrupt political class in Russia uses to hide the 9 money it steals; and 10 (2) the President should pursue efforts to stifle 11 Russian use of hidden financial channels, including 12 anonymous shell companies and real estate invest- 13 ments, in a manner similar to the efforts undertaken 14 to tighten banking regulations after the terrorist at- 15 tacks on September 11, 2001. 16 (b) REPORT.—Not later than 60 days after the date 17 of the enactment of this Act, the Secretary of the Treas- 18 ury, in coordination with the Secretary of State and in 19 consultation with the Director of National Intelligence, 20 shall submit a report to Congress on assets owned by 21 Vladimir Putin, Russian oligarchs, and senior officials of 22 the Russian Government, including— 23 (1) with respect to bank accounts, real estate 24 holdings, and other financial assets, including those 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00953 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 954 HR 5515 PCS outside of Russia, that are owned by or accessible to 1 Putin— 2 (A) the location of such accounts, holdings, 3 or assets; and 4 (B) the contents of such accounts or the 5 amount held through such holdings or assets; 6 (2) the location, size, and contents of any assets 7 of any oligarch listed pursuant to section 241 of the 8 Countering America’s Adversaries Through Sanc- 9 tions Act (Public Law 115–44; 131 Stat. 922); and 10 (3) any ‘‘front’’ or shell companies, or other 11 intermediaries, used by senior officials of the Rus- 12 sian Government to hide assets from public disclo- 13 sure. 14 (c) FORM.—The report required under subsection (b) 15 shall be submitted in classified form. 16 (d) REASONABLE ATTEMPT TO ISSUE UNCLASSIFIED 17 REPORT.—Not later than 60 days after the date of the 18 submission of the report required under subsection (b), the 19 Secretary of the Treasury shall— 20 (1) publish an unclassified version of such re- 21 port on a publicly available website of the Depart- 22 ment of the Treasury; or 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00954 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 955 HR 5515 PCS (2) submit a notification to Congress describing 1 the reasons for which the Secretary has determined 2 that such release is not possible. 3 SEC. 1242. REPORT ON RUSSIA’S SUPPORT FOR THE 4 TALIBAN AND OTHER DESTABILIZING ACTIVI- 5 TIES IN AFGHANISTAN. 6 The Secretary of State and the Secretary of Defense 7 shall jointly submit to the congressional defense commit- 8 tees and the Committee on Foreign Affairs of the House 9 of Representatives and the Committee on Foreign Rela- 10 tions a report on Russia’s support for the Taliban and 11 other destabilizing activities in Afghanistan. 12 Subtitle E—Matters Relating to the 13 Indo-Pacific Region 14 SEC. 1251. SUPPORT FOR INDO-PACIFIC STABILITY INITIA- 15 TIVE. 16 (a) SENSE OF CONGRESS.—It is the sense of Con- 17 gress that— 18 (1) the Initiative established pursuant to sub- 19 section (b) of section 1251 of the National Defense 20 Authorization Act for Fiscal Year 2018 (Public Law 21 115–91; 131 Stat. 1676) bolsters the efforts of the 22 United States and its allies and partners in the 23 Indo-Pacific region to deter aggression by providing 24 resources to— 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00955 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 956 HR 5515 PCS (A) increase the presence and capabilities 1 and enhance the posture of the United States 2 Armed Forces in the region; 3 (B) improve military and defense infra- 4 structure, basing, logistics, and access in the 5 Indo-Pacific region in order to enhance the re- 6 sponsiveness and capabilities of the United 7 States Armed Forces; and 8 (C) increase bilateral and multilateral 9 training and exercises with regional allies and 10 partners; and 11 (2) the United States should develop a multi- 12 year strategic plan that specifies resource priorities 13 to meet the objectives and the activities of the Initia- 14 tive described in subsection (c) of such section 1251. 15 (b) REQUIREMENT AND RESOURCE PLAN.—Not later 16 than March 1, 2019, the Secretary of Defense, in con- 17 sultation with the Secretary of State, shall submit to the 18 appropriate congressional committees a requirement and 19 resource plan that includes the following: 20 (1) An analysis of the challenges faced by the 21 United States to meet the objectives and activities 22 outlined in subsection (c) of such section 1251. 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00956 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 957 HR 5515 PCS (2) The plan, resource requirements, and any 1 additional authorities needed through fiscal year 2 2024 to address such challenges. 3 (c) FORM.—The report required by subsection (b) 4 shall be submitted in unclassified form but may include 5 a classified annex. 6 (d) INCLUSION IN BUDGET MATERIALS.—The Sec- 7 retary of Defense shall also include the requirement and 8 resource plan required by subsection (b) in the budget ma- 9 terials submitted by the Secretary in support of the budget 10 of the President for fiscal year 2020 (submitted to Con- 11 gress pursuant to section 1105 of title 31, United States 12 Code). 13 (e) CONFORMING AMENDMENT.—Section 1251 of the 14 National Defense Authorization Act for Fiscal Year 2018 15 is amended by striking ‘‘Indo-Asia-Pacific’’ and inserting 16 ‘‘Indo-Pacific’’ each place it appears. 17 (f) APPROPRIATE CONGRESSIONAL COMMITTEES DE- 18 FINED.—In this section, the term ‘‘appropriate congres- 19 sional committees’’ means— 20 (1) the congressional defense committees; and 21 (2) the Committee on Foreign Relations of the 22 Senate and the Committee on Foreign Affairs of the 23 House of Representatives. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00957 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 958 HR 5515 PCS SEC. 1252. UNITED STATES STRATEGY ON CHINA. 1 (a) FINDINGS.—Congress finds the following: 2 (1) The United States has a national strategic 3 interest in ensuring that the United States main- 4 tains political, diplomatic, economic, military, and 5 technological advantages over competitive adver- 6 saries. 7 (2) The 2018 National Defense Strategy states 8 that ‘‘the central challenge to the U.S. prosperity 9 and security is the reemergence of long-term, stra- 10 tegic competition by what the National Security 11 Strategy classifies as revisionist powers. It is in- 12 creasingly clear that China and Russia want to 13 shape a world consistent with their authoritarian 14 model—gaining veto authority over other nations’ 15 economic, diplomatic, and security decisions’’. 16 (3) The 2018 National Defense Strategy fur- 17 ther states that ‘‘China is leveraging military mod- 18 ernization, influence operations, and predatory eco- 19 nomics to coerce neighboring countries to reorder 20 the Indo-Pacific region to their advantage. As China 21 continues its economic and military ascendance, as- 22 serting power through an all-of-nation long term 23 strategy, it will continue to pursue a military mod- 24 ernization program that seeks Indo-Pacific regional 25 hegemony in the near-term and displacement of the 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00958 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 959 HR 5515 PCS United States to achieve global preeminence in the 1 future’’. 2 (4) Statements by officials of the United States 3 and leading experts have emphasized that the 4 United States requires a whole-of-government re- 5 sponse, across the full spectrum of capabilities, to 6 address the challenges posed by China. 7 (b) STATEMENT OF POLICY.—Congress declares that 8 long-term strategic competition with China is a principal 9 priority for the United States that requires the integration 10 of multiple elements of national power, including diplo- 11 matic, economic, intelligence, law enforcement, and mili- 12 tary elements, to protect and strengthen national security. 13 (c) STRATEGY REQUIRED.— 14 (1) IN GENERAL.—Not later than March 1, 15 2019, the President shall submit to the appropriate 16 congressional committees a report containing a 17 whole-of-government strategy with respect to the 18 People’s Republic of China. 19 (2) ELEMENTS OF STRATEGY.—The strategy 20 required by paragraph (1) shall include the fol- 21 lowing: 22 (A) Strategic assessments of and planned 23 responses to address the following activities by 24 the Chinese Communist Party: 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00959 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 960 HR 5515 PCS (i) The use of political influence, in- 1 formation operations, censorship, and 2 propaganda to undermine democratic insti- 3 tutions and processes, and the freedoms of 4 speech, expression, press, and academic 5 thought. 6 (ii) The use of intelligence networks 7 to exploit open research and development. 8 (iii) The use of economic tools, includ- 9 ing market access and investment to gain 10 access to sensitive United States indus- 11 tries. 12 (iv) Malicious cyber activities. 13 (v) The use of investment, infrastruc- 14 ture, and development projects, such as 15 China’s Belt and Road Initiative, in Africa, 16 Europe, Central Asia, South America, and 17 the Indo-Pacific region, and the Polar Silk 18 Road in the Arctic, as a means to gain ac- 19 cess and influence. 20 (vi) The use of military activities, ca- 21 pabilities, and defense installations, and 22 hybrid warfare methods, short of tradi- 23 tional armed conflict, against the United 24 States or its allies and partners. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00960 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 961 HR 5515 PCS (vii) The abuse of employment and 1 student visa programs to enter the United 2 States in order to conduct political, aca- 3 demic, or social influence efforts, or for the 4 purposes of establishing Chinese Com- 5 munist Party cells or other entities under 6 the control or coordination of the Chinese 7 Communist Party. 8 (viii) The Chinese Communist Party’s 9 coercion or intimidation of Chinese nation- 10 als studying or working in the United 11 States or outside China. 12 (B) Available or planned methods to en- 13 hance strategic communication to counter Chi- 14 nese influence and promote United States inter- 15 ests. 16 (C) An identification of the key diplomatic, 17 development, intelligence, military, and eco- 18 nomic resources necessary to implement the 19 strategy. 20 (D) A plan to maximize the coordination 21 and effectiveness of such resources to counter 22 the threats posed by the activities described in 23 subparagraph (A). 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00961 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 962 HR 5515 PCS (E) Available or planned interagency mech- 1 anisms for the coordination and implementation 2 of the strategy. 3 (3) FORM.—The report required by paragraph 4 (1) shall be submitted in unclassified form, but may 5 include a classified annex. 6 (4) ANNUAL BUDGET SUBMISSION.—The Presi- 7 dent shall ensure that the annual budget submitted 8 to Congress pursuant to section 1105 of title 31, 9 United States Code, clearly highlights the programs 10 and projects proposed to be funded that relate to the 11 strategy required by paragraph (1). 12 (5) APPROPRIATE CONGRESSIONAL COMMIT- 13 TEES.—In this section, the term ‘‘appropriage con- 14 gressional committees’’ means— 15 (A) the Committee on Armed Services, the 16 Committee on Foreign Relations, the Select 17 Committee on Intelligence, the Committee on 18 Finance, the Committee on Homeland Security 19 and Governmental Affairs, the Committee on 20 the Judiciary, the Committee on Commerce, 21 Science, and Transportation, and the Com- 22 mittee on the Budget of the Senate; and 23 (B) the Committee on Armed Services, the 24 Committee on Foreign Affairs, the Permanent 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00962 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 963 HR 5515 PCS Select Committee on Intelligence, the Com- 1 mittee on Financial Services, the Committee on 2 Homeland Security, the Committee on the Judi- 3 ciary, the Committee on Energy and Commerce, 4 and the Committee on the Budget of the House 5 of Representatives. 6 SEC. 1253. STRENGTHENING TAIWAN’S FORCE READINESS. 7 (a) DEFENSE ASSESSMENT.—The Secretary of De- 8 fense shall, in consultation with appropriate counterparts 9 of Taiwan, conduct a comprehensive assessment of Tai- 10 wan’s military forces, particularly Taiwan’s reserves. The 11 assessment shall provide recommendations to improve the 12 efficiency, effectiveness, readiness, and resilience of Tai- 13 wan’s self-defense capability in the following areas: 14 (1) Personnel management and force develop- 15 ment, particularly reserve forces. 16 (2) Recruitment, training, and military pro- 17 grams. 18 (3) Command, control, communications and in- 19 telligence. 20 (4) Technology research and development. 21 (5) Defense article procurement and logistics. 22 (6) Strategic planning and resource manage- 23 ment. 24 (b) REPORT REQUIRED.— 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00963 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 964 HR 5515 PCS (1) IN GENERAL.—Not later than 1 year after 1 the date of the enactment of this Act, the Secretary 2 of Defense, in consultation with the Secretary of 3 State, shall submit to the appropriate congressional 4 committees a report containing each of the following: 5 (A) A summary of the assessment con- 6 ducted pursuant to subsection (a). 7 (B) A list of any recommendations result- 8 ing from such assessment. 9 (C) A plan for the United States, including 10 by using appropriate security cooperation au- 11 thorities, to— 12 (i) facilitate any relevant rec- 13 ommendations from such list; 14 (ii) expand senior military-to-military 15 engagement and joint training by the 16 United States Armed Forces with the mili- 17 tary of Taiwan; and 18 (iii) support United States foreign 19 military sales and other equipment trans- 20 fers to Taiwan, particularly for developing 21 asymmetric warfare capabilities. 22 (2) APPROPRIATE SECURITY COOPERATION AU- 23 THORITIES.—For purposes of the plan described in 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00964 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 965 HR 5515 PCS paragraph (1)(C), the term ‘‘appropriate security co- 1 operation authorities’’ means— 2 (A) section 311 of title 10, United States 3 Code (relating to exchange of defense per- 4 sonnel); 5 (B) section 332 such title (relating to de- 6 fense institution building); and 7 (C) other security cooperation authorities 8 under chapter 16 of such title. 9 (3) APPROPRIATE CONGRESSIONAL COMMIT- 10 TEES.—In this subsection, the term ‘‘appropriate 11 congressional committees’’ means— 12 (A) the congressional defense committees; 13 and 14 (B) the Committee on Foreign Relations of 15 the Senate and the Committee on Foreign Af- 16 fairs of the House of Representatives. 17 SEC. 1254. MODIFICATION, REDESIGNATION, AND EXTEN- 18 SION OF SOUTHEAST ASIA MARITIME SECU- 19 RITY INITIATIVE. 20 (a) MODIFICATION AND REDESIGNATION.— 21 (1) IN GENERAL.—Subsection (a) of section 22 1263 of the National Defense Authorization Act for 23 Fiscal Year 2016 (Public Law 114–92; 129 Stat. 24 1073; 10 U.S.C. 2282 note), as amended by section 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00965 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 966 HR 5515 PCS 1289 of the National Defense Authorization Act for 1 Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2 2555), is further amended— 3 (A) in paragraph (1), by striking ‘‘South 4 China Sea’’ and inserting ‘‘South China Sea 5 and Indian Ocean’’; and 6 (B) in paragraph (2), by striking ‘‘the 7 ‘Southeast Asia Maritime Security Initiative’ ’’ 8 and inserting ‘‘the ‘Indo-Pacific Maritime Secu- 9 rity Initiative’ ’’. 10 (2) CONFORMING AMENDMENT.—The heading 11 of such section is amended to read as follows: 12 ‘‘Sec. 1263. Indo-Pacific Maritime Security Initiative.’’. (b) COVERED COUNTRIES.—Subsection (e)(2) of 13 such section is amended by adding at the end the fol- 14 lowing: 15 ‘‘(D) India.’’. 16 (c) DESIGNATION OF ADDITIONAL COUNTRIES.— 17 Such section is further amended— 18 (1) in subsection (e)(1), by striking ‘‘subsection 19 (f)’’ and inserting ‘‘subsection (g)’’; 20 (2) by redesignating subsections (f), (g), and 21 (h) as subsections (g), (h), and (i), respectively; and 22 (3) by inserting after subsection (e) the fol- 23 lowing: 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00966 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 967 HR 5515 PCS ‘‘(f) INCLUSION OF ADDITIONAL COUNTRIES.—The 1 Secretary of Defense, with the concurrence of the Sec- 2 retary of State, is authorized to include additional foreign 3 countries under subsection (b) for purposes of providing 4 assistance and training under subsection (a) and addi- 5 tional foreign countries under subsection (e)(2) for pur- 6 poses of providing payment of incremental expenses in 7 connection with training described in subsection (a)(1)(B) 8 if, with respect to each such additional foreign country, 9 the Secretary determines and certifies to the appropriate 10 committees of Congress that it is important for increasing 11 maritime security and maritime domain awareness in the 12 Indo-Pacific region.’’. 13 (d) EXTENSION.—Subsection (i) of such section, as 14 redesignated, is amended by striking ‘‘September 30, 15 2020’’ and inserting ‘‘September 30, 2023’’. 16 SEC. 1255. MISSILE DEFENSE EXERCISES IN THE INDO-PA- 17 CIFIC REGION WITH UNITED STATES RE- 18 GIONAL ALLIES AND PARTNERS. 19 (a) FINDINGS.—Congress finds the following: 20 (1) The Democratic People’s Republic of Korea 21 (North Korea) continues to develop, test, and threat- 22 en the use of intercontinental ballistic missiles and 23 nuclear weapons that threaten the United States 24 and United States allies and partners. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00967 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 968 HR 5515 PCS (2) The People’s Republic of China and the 1 Russian Federation continue to develop and deploy 2 advanced counter-intervention technologies, includ- 3 ing fielding and testing highly maneuverable reentry 4 vehicles and warheads (such as hypersonic weapons), 5 and cruise missiles and small-unmanned aircraft sys- 6 tems (UAS) that challenge United States strategic, 7 operational, and tactical freedom of movement and 8 maneuver. 9 (b) SENSE OF CONGRESS.—It is the sense of Con- 10 gress that the United States should— 11 (1) continue to develop and deploy a robust 12 missile defense in the Indo-Pacific region; 13 (2) increase the capacity of interceptors, sen- 14 sors, and operational concepts in the region; 15 (3) continue bilateral and multilateral oper- 16 ationally realistic missile defense exercises in the re- 17 gion; 18 (4) increase coordination with United States re- 19 gional allies and partners, including Japan, South 20 Korea, Australia, India, and other countries, as ap- 21 propriate; 22 (5) begin planning for military exercises in 23 2020 with United States regional allies and partners 24 that is specifically focused on interoperability; 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00968 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 969 HR 5515 PCS (6) integrate radar information from United 1 States and allied Patriot, Terminal High Altitude 2 Area Defense, Aegis, and other systems for region- 3 wide command and control capabilities; 4 (7) increase the capacity of United States allies 5 and partners through foreign military sales; 6 (8) seek increased areas of co-production for 7 components of missile defense systems; and 8 (9) develop new capabilities to address threats 9 to the region. 10 (c) MISSILE DEFENSE EXERCISES IN THE INDO-PA- 11 CIFIC REGION.—The Secretary of Defense may conduct 12 missile defense exercises in the Indo-Pacific region with 13 United States regional allies and partners to improve 14 interoperability. 15 (d) BRIEFING.—Not later than 120 days after the 16 date of the enactment of this Act, the Secretary of Defense 17 shall provide to the appropriate congressional committees 18 a briefing on plans for missile defense exercises as de- 19 scribed in subsection (c). 20 (e) APPROPRIATE CONGRESSIONAL COMMITTEES DE- 21 FINED.—In this section, the term ‘‘appropriate congres- 22 sional committees’’ means— 23 (1) the congressional defense committees; and 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00969 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 970 HR 5515 PCS (2) the Committee on Foreign Relations of the 1 Senate and the Committee on Foreign Affairs of the 2 House of Representatives. 3 SEC. 1256. QUADRILATERAL COOPERATION AND EXERCISE. 4 (a) SENSE OF CONGRESS.—It is the sense of Con- 5 gress that the United States, Japan, India, and Australia 6 should— 7 (1) promote security and stability in the Indo- 8 Pacific region; 9 (2) increase quadrilateral meetings to discuss 10 and strengthen interoperability of their respective 11 military and naval forces; 12 (3) plan joint quadrilateral military patrols and 13 exercises; 14 (4) promote the values of a free and open Indo- 15 Pacific region and address themes such as respect 16 for international law, maritime security, non- 17 proliferation, and terrorism in the region; 18 (5) explore joint regional infrastructure initia- 19 tives in the region; 20 (6) engage in maritime capacity building among 21 smaller Indo-Pacific countries; 22 (7) develop new capabilities to deter and defend 23 against threats to the region; and 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00970 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 971 HR 5515 PCS (8) support regional institutions and bodies, in- 1 cluding the Association of Southeast Asian Nations 2 Regional Forum, to increase regional cooperation 3 with respect to maritime security and domain aware- 4 ness and to promote internationally accepted rules 5 and norms. 6 (b) EXERCISE.—The Secretary of Defense may con- 7 duct a quadrilateral naval military exercise. 8 (c) BRIEFING.—Not later than 120 days after the 9 date of the enactment of this Act, the Secretary of Defense 10 shall provide to the appropriate congressional committees 11 a briefing on the matters contained in this section. 12 (d) APPROPRIATE CONGRESSIONAL COMMITTEES 13 DEFINED.—In this section, the term ‘‘appropriate con- 14 gressional committees’’ means— 15 (1) the congressional defense committees; and 16 (2) the Committee on Foreign Relations of the 17 Senate and the Committee on Foreign Affairs of the 18 House of Representatives. 19 SEC. 1257. NAME OF UNITED STATES INDO-PACIFIC COM- 20 MAND. 21 (a) IN GENERAL.—The combatant command known 22 as the United States Pacific Command shall, beginning 23 on January 1, 2020, be known as the ‘‘United States 24 Indo-Pacific Command’’. Any reference to such combatant 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00971 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 972 HR 5515 PCS command in any law, regulation, map, document, record, 1 or other paper of the United States shall be considered 2 to be a reference to the United States Indo-Pacific Com- 3 mand. 4 (b) CONFORMING AMENDMENTS.— 5 (1) ANNUAL REPORT ON NON-FEDERALIZED 6 SERVICE NATIONAL GUARD PERSONNEL, TRAINING, 7 AND EQUIPMENT REQUIREMENTS.—Section 10504 8 of title 10, United States Code, as amended by sec- 9 tion 1071(a)(31), is further amended in subsection 10 (c), as redesignated by such section, in paragraph 11 (3)(H) by striking ‘‘United States Pacific Com- 12 mand’’ and inserting ‘‘United States Indo-Pacific 13 Command’’. 14 (2) CONTRACTING WITH THE ENEMY.—Section 15 843(4) of the Carl Levin and Howard P. ‘‘Buck’’ 16 McKeon National Defense Authorization Act for 17 Fiscal Year 2015 (Public Law 113–291; 10 U.S.C. 18 2302 note) is amended by striking ‘‘United States 19 Pacific Command’’ and inserting ‘‘United States 20 Indo-Pacific Command’’. 21 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00972 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 973 HR 5515 PCS SEC. 1258. REQUIREMENT FOR CRITICAL LANGUAGES AND 1 EXPERTISE IN CHINESE, KOREAN, AND RUS- 2 SIAN. 3 Not later than 180 days after the date of the enact- 4 ment of this Act, the Secretary of Defense shall— 5 (1) evaluate the operational requirements for 6 members of the Armed Forces possessing foreign 7 language expertise in critical East Asian languages, 8 including Chinese, Korean, and Russian; and 9 (2) submit to the congressional defense commit- 10 tees a plan to address any shortfalls in these critical 11 areas. 12 SEC. 1259. MODIFICATION OF REPORT REQUIRED UNDER 13 ENHANCING DEFENSE AND SECURITY CO- 14 OPERATION WITH INDIA. 15 Subsection (a)(2) of section 1292 of the National De- 16 fense Authorization Act for Fiscal Year 2017 (Public Law 17 114–328; 130 Stat. 2559; 22 U.S.C. 2751 note) is amend- 18 ed— 19 (1) by striking ‘‘Not later than’’ and inserting 20 the following: 21 ‘‘(1) IN GENERAL.—Not later than’’; 22 (2) by striking ‘‘The report shall also include a 23 forward-looking strategy’’ and inserting the fol- 24 lowing: 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00973 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 974 HR 5515 PCS ‘‘(2) CONTENTS.—The report shall also in- 1 clude— 2 ‘‘(A) a forward-looking strategy’’; 3 (3) by striking the period at the end and insert- 4 ing a semicolon; and 5 (4) by adding at the end the following: 6 ‘‘(B) a description of any limitations that 7 hinder or slows progress in implementing the 8 actions described in subparagraphs (A) through 9 (L) of paragraph (1); 10 ‘‘(C) a description of actions India is tak- 11 ing, or the actions the Secretary of Defense or 12 the Secretary of State believe India should take, 13 to advance the relationship between the United 14 States and in regards to subparagraphs (A) 15 through (L) of paragraph (1); and 16 ‘‘(D) a description of— 17 ‘‘(i) measures that can be taken by 18 the United States and India to improve 19 interoperability; and 20 ‘‘(ii) progress in enabling agreements 21 between the United States and India.’’. 22 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00974 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 975 HR 5515 PCS SEC. 1260. STATEMENT OF POLICY ON NAVAL VESSEL 1 TRANSFERS TO JAPAN. 2 It shall be the policy of the United States to support 3 maritime defense cooperation with Japan, including 4 through the transfer of excess United States naval vessels 5 to the Japanese Maritime Self-Defense Force. Such trans- 6 fers should include capabilities such as those represented 7 by the Tarawa class amphibious assault ship, the Austin 8 class amphibious transport dock, and the Charleston class 9 amphibious cargo ship. 10 SEC. 1261. REPORT AND PUBLIC NOTIFICATION ON CHINA’S 11 MILITARY, MARITIME, AND AIR ACTIVITIES IN 12 THE INDO-PACIFIC REGION. 13 (a) SENSE OF CONGRESS.—It is the sense of Con- 14 gress that greater transparency of China’s provocative 15 military, maritime, and air activities in the Indo-Pacific 16 region would— 17 (1) aid in raising awareness of these activities 18 in regional and international forums; 19 (2) enable regional security partners to more ef- 20 fectively protect their sovereignty and defend their 21 rights under international law; and 22 (3) maintain stability within the region to en- 23 able constructive relations with China. 24 (b) REPORT.— 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00975 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 976 HR 5515 PCS (1) IN GENERAL.—The Secretary of Defense, in 1 consultation with the Director of National Intel- 2 ligence and the Secretary of State, shall submit to 3 the appropriate congressional committees on a quar- 4 terly basis a report describing China’s provocative 5 military, maritime, and air activities in the Indo-Pa- 6 cific region. 7 (2) ELEMENTS.—The report shall, at minimum, 8 address China’s provocative military, maritime, and 9 air activities, military deployments, and operations 10 and infrastructure construction in the East China 11 Sea, South China Sea, Taiwan Strait, and Indian 12 Ocean. 13 (3) DISSEMINATION TO REGIONAL ALLIES.— 14 The report shall be disseminated to regional allies 15 and partners, as appropriate, in the Indo-Pacific re- 16 gion. 17 (4) IMAGERY AND SUPPORTING ANALYSIS.— 18 The report may include imagery from military air- 19 craft and other sources with supporting analysis to 20 describe China’s provocative maritime and air activi- 21 ties. 22 (5) FORM.—The report shall be available to the 23 public and shall be submitted or carried out in un- 24 classified form. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00976 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 977 HR 5515 PCS (c) PUBLIC NOTIFICATION.— 1 (1) IN GENERAL.—The Secretary of Defense, in 2 consultation with the Director of National Intel- 3 ligence and the Secretary of State, shall provide no- 4 tice to the public of any activities described in para- 5 graph (2) immediately after the initiation of any 6 such activities. 7 (2) ACTIVITIES DESCRIBED.—The activities de- 8 scribed in this paragraph are any significant desta- 9 bilizing or deceptive activities of China, including 10 reclamation or militarization activity in the Indo-Pa- 11 cific region, use of military, government, or commer- 12 cial aircraft or maritime vessels to intimidate re- 13 gional neighbors. 14 (3) WRITTEN SUMMARY.—As soon as prac- 15 ticable after the notification to the public under 16 paragraph (1) of any activities described in para- 17 graph (2), the Secretary of Defense shall distribute 18 to the appropriate congressional committees and 19 United States allies and security partners in the 20 Indo-Pacific region a written summary to include 21 imagery and supporting analysis describing such ac- 22 tivities. 23 (d) REQUIREMENTS RELATING TO NATIONAL SECU- 24 RITY AND PROTECTION OF CLASSIFIED NATIONAL SECU- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00977 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 978 HR 5515 PCS RITY INFORMATION.—The dissemination and availability 1 of the report under subsection (b) and the notification to 2 the public under subsection (c) shall be made in a manner 3 consistent with national security and the protection of 4 classified national security information. 5 (e) APPROPRIATE CONGRESSIONAL COMMITTEES DE- 6 FINED.—In this section, the term ‘‘appropriate congres- 7 sional committees’’ means— 8 (1) the congressional defense committees; and 9 (2) the Committee on Foreign Relations and 10 the Select Committee on Intelligence of the Senate 11 and the Committee on Foreign Affairs and the Per- 12 manent Select Committee on Intelligence of the 13 House of Representatives. 14 SEC. 1262. SENIOR DEFENSE ENGAGEMENT WITH TAIWAN. 15 (a) FINDING.—The Taiwan Travel Act (Public Law 16 115–135; 132 Stat. 341) states that it should be the policy 17 of the United States to allow officials at all levels of the 18 United States government, including Cabinet-level na- 19 tional security officials, general officers, and other execu- 20 tive branch officials, to travel to Taiwan to meet their Tai- 21 wan counterparts. 22 (b) SENSE OF CONGRESS.—Pursuant to the policy 23 described in the Taiwan Travel Act, the Secretary of De- 24 fense should send a Secretary of a military department 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00978 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 979 HR 5515 PCS or a member of the Joint Chiefs of Staff to Taiwan for 1 the purpose of senior-level defense engagement. 2 (c) BRIEFING.—Not later than 60 days after the date 3 of the enactment of this Act, the Secretary of Defense, 4 in consultation with the Secretary of State, shall brief the 5 congressional defense committees, the Committee on For- 6 eign Relations of the Senate, and the Committee on For- 7 eign Affairs of the House of Representatives on any plans 8 of the Department to carry out senior-level defense en- 9 gagement. 10 SEC. 1263. LIMITATION ON USE OF FUNDS TO REDUCE THE 11 TOTAL NUMBER OF MEMBERS OF THE 12 ARMED FORCES SERVING ON ACTIVE DUTY 13 WHO ARE DEPLOYED TO THE REPUBLIC OF 14 KOREA. 15 None of the funds authorized to be appropriated by 16 this Act may be used to reduce the total number of mem- 17 bers of the Armed Forces serving on active duty who are 18 deployed to the Republic of Korea below 22,000 unless the 19 Secretary of Defense first certifies to the congressional de- 20 fense committees that such a reduction is in the national 21 security interest of the United States and will not signifi- 22 cantly undermine the security of United States allies in 23 the region. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00979 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 980 HR 5515 PCS SEC. 1264. ENHANCING MISSILE DEFENSE COOPERATION 1 WITH PARTNERS. 2 (a) SENSE OF CONGRESS.—It is the sense of Con- 3 gress that the Secretary of Defense should seek opportuni- 4 ties to increase defense coordination and cooperation with 5 United States partners with respect to missile defense. 6 (b) MODIFICATION OF DEFENSE COOPERATION AU- 7 THORITY WITH INDIA.—Section 1292(a)(1) of the Na- 8 tional Defense Authorization Act for Fiscal Year 2017 9 (Public Law 114–328; 130 Stat. 2559; 22 U.S.C. 2751 10 note), as amended by section 1258(a) of the National De- 11 fense Authorization Act for Fiscal Year 2018 (Public Law 12 115–91; 131 Stat. 1683), is further amended— 13 (1) in subparagraph (K), by striking ‘‘and’’ at 14 the end; 15 (2) in subparagraph (L), by striking the period 16 at the end and inserting ‘‘; and’’; and 17 (3) by adding at the end the following new sub- 18 paragraph: 19 ‘‘(M) develop closer defense cooperation 20 with India on matters relating to missile de- 21 fense.’’. 22 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00980 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 981 HR 5515 PCS SEC. 1265. REINSTATEMENT OF REPORTING REQUIRE- 1 MENTS WITH RESPECT TO UNITED STATES- 2 HONG KONG RELATIONS. 3 Section 301 of the United States-Hong Kong Policy 4 Act of 1992 (22 U.S.C. 5731) is amended— 5 (1) in the matter preceding paragraph (1)— 6 (A) by striking ‘‘Not later than’’ and in- 7 serting ‘‘(a) IN GENERAL.— Not later than’’; 8 (B) by striking ‘‘March 31, 1993’’ and all 9 that follows through ‘‘March 31, 2006’’ and in- 10 serting ‘‘March 31, 2019, and annually there- 11 after through 2024’’; and 12 (C) by striking ‘‘the Speaker of the House 13 of Representatives’’ and inserting ‘‘the chair of 14 the Committee on Foreign Affairs of the House 15 of Representatives’’; and 16 (2) by adding at the end the following new sub- 17 section: 18 ‘‘(b) FORM.—The report required by subsection (a) 19 shall be submitted in unclassified form and shall be pub- 20 lished on a publicly available website of the Department 21 of State.’’. 22 SEC. 1266. REPORT ON NORTH KOREA. 23 (a) IN GENERAL.—Not later than 120 days after the 24 date of the enactment of this Act, the Secretary of State, 25 in consultation with the heads of other relevant Federal 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00981 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 982 HR 5515 PCS departments and agencies, shall submit to the appropriate 1 congressional committees a report that includes a descrip- 2 tion of any ongoing or planned efforts of the Department 3 of State with respect to each of the following: 4 (1) Resuming the repatriation from North 5 Korea of members of the United States Armed 6 Forces missing or unaccounted for during the Ko- 7 rean War. 8 (2) Reuniting Korean Americans with their rel- 9 atives in North Korea. 10 (3) Assessing the security risks posed by travel 11 to North Korea for United States citizens. 12 (b) FORM.—The report required under subsection (a) 13 shall be submitted in unclassified form. 14 (c) APPROPRIATE CONGRESSIONAL COMMITTEES.— 15 In this section, the term ‘‘appropriate congressional com- 16 mittees’’ means— 17 (1) the congressional defense committees; and 18 (2) the Committee on Foreign Relations of the 19 Senate and the Committee on Foreign Affairs of the 20 House of Representatives. 21 SEC. 1267. RULE OF CONSTRUCTION REGARDING USE OF 22 FORCE AGAINST NORTH KOREA. 23 Nothing in this Act may be construed as authorizing 24 the use of force against North Korea. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00982 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 983 HR 5515 PCS SEC. 1268. REVIEW OF CONTROLLED ITEMS WITH RESPECT 1 TO CHINA. 2 Not later than 180 days after the date of the enact- 3 ment of this Act, the Secretary of Defense shall submit 4 to Congress a report listing each technology included on 5 the Commerce Control List maintained under Supplement 6 No. 1 to part 774 of the Export Administration Regula- 7 tions (subchapter C of chapter VII of title 15, Code of 8 Federal Regulations) and exempted for export to China, 9 and each item removed from such List, designated as 10 ‘‘EAR99’’ by the Bureau of Industry and Security, and 11 exported to China, during the 15-year period ending on 12 such date of enactment that the Secretary determines cur- 13 rently poses an unacceptable national security risk. 14 SEC. 1269. HUMANITARIAN ASSISTANCE AND DISASTER RE- 15 LIEF EXERCISES CONDUCTED BY THE DE- 16 PARTMENT OF DEFENSE IN THE INDO-PA- 17 CIFIC REGION. 18 (a) FINDINGS.—Congress finds the following: 19 (1) The Indo-Pacific region is home to over 60 20 percent of the world’s population and is prone to 21 natural disasters particularly due to its proximity to 22 a geological vulnerable region. 23 (2) The multilateral Pacific Partnership exer- 24 cise, first conducted in 2006 in response to the hu- 25 manitarian and disaster relief operations for the De- 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00983 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 984 HR 5515 PCS cember 2004 Indian Ocean earthquake and tsunami, 1 involved the participation of 22 partner nations to 2 improve the ability of each country to conduct hu- 3 manitarian assistance and disaster relief efforts. 4 (3) The Pacific Partnership is the largest an- 5 nual multilateral disaster preparedness mission con- 6 ducted in the Indo-Pacific region. 7 (4) The United States Agency for International 8 Development, including through its Office of Foreign 9 Disaster Assistance, leads and coordinates United 10 States humanitarian efforts in foreign countries and 11 often partners with the Department of Defense in 12 responding to disasters. 13 (b) SENSE OF CONGRESS.—It is the sense of Con- 14 gress that— 15 (1) the Pacific Partnership, a civic and humani- 16 tarian mission which the United States Navy’s Pa- 17 cific Fleet, in conjunction with partner nations, non- 18 governmental organizations, and other United States 19 and international governmental agencies conducts to 20 strengthen alliances, improves United States and 21 partner capacity to deliver humanitarian assistance 22 and disaster relief and improves security cooperation 23 among the partner nations in the Indo-Pacific re- 24 gion; 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00984 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 985 HR 5515 PCS (2) the Department of Defense should continue 1 to play a role in response to requests for support in 2 international humanitarian assistance and disaster 3 response drawing on its unique capabilities, man- 4 power, and forward-deployed resources; and 5 (3) the Secretary of Defense should assess the 6 United States force posture in the Indo-Pacific re- 7 gion for future Pacific Partnerships and work to ex- 8 pand engagements in the entirety of the Indo-Pacific 9 region if appropriate and if applicable renaming the 10 program as the ‘‘Indo-Pacific Partnership’’. 11 (c) BRIEFING.—Not later than the end of the first 12 full fiscal year beginning after the date of enactment of 13 this Act, the Secretary of Defense shall provide to the ap- 14 propriate congressional committees a briefing on the fol- 15 lowing: 16 (1) A description of humanitarian assistance 17 and disaster relief exercises conducted by the De- 18 partment of Defense in the Indo-Pacific region in 19 the previous year that also identifies the partner 20 countries and militaries involved in any such oper- 21 ations and exercises. 22 (2) A description of any planned humanitarian 23 assistance and disaster relief exercises for the fol- 24 lowing fiscal year in the Indo-Pacific region. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00985 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 986 HR 5515 PCS (3) A description of any constraints on the abil- 1 ity of the Department of Defense to conduct human- 2 itarian assistance and disaster relief exercises, in- 3 cluding in resources. 4 (4) A description of any efforts undertaken by 5 the Secretary of Defense to ease operational burdens 6 on the Armed Forces of the United States to partici- 7 pate in humanitarian assistance or disaster relief ex- 8 ercises, such as the pre-positioning of equipment, in- 9 clusion of additional partners, and inclusion of exer- 10 cises that may ordinarily be conducted independently 11 of any humanitarian assistance operation or exer- 12 cise. 13 (d) APPROPRIATE CONGRESSIONAL COMMITTEE DE- 14 FINED.—In subsection (c), the term ‘‘appropriate congres- 15 sional committees’’ means— 16 (1) the Committee on Armed Services and the 17 Committee on Foreign Relations of the Senate; and 18 (2) the Committee on Armed Services and the 19 Committee on Foreign Affairs of the House of Rep- 20 resentatives. 21 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00986 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 987 HR 5515 PCS Subtitle F—Other Matters 1 SEC. 1271. REPORT ON STATUS OF THE UNITED STATES RE- 2 LATIONSHIP WITH THE REPUBLIC OF TUR- 3 KEY. 4 (a) FINDINGS.—Congress finds the following: 5 (1) The United States–Republic of Turkey rela- 6 tionship, over the past year, has become increasingly 7 strained due to several provocative actions taken by 8 the Government of Turkey. 9 (2) The potential purchase by the Government 10 of Turkey of the S-400 air and missile defense sys- 11 tem from the Russian Federation has led to tension 12 with the relationship. 13 (3) These actions could negatively impact com- 14 mon weapon system development between the United 15 States and Turkey. 16 (4) These actions could exacerbate current 17 North Atlantic Treaty Organization (NATO) inter- 18 operability challenges with respect to common mili- 19 tary architecture and information sharing. 20 (5) These actions could impact current bilateral 21 agreements between the United States and Turkey. 22 (b) REPORT REQUIRED.— 23 (1) IN GENERAL.—Not later than 60 days after 24 the date of the enactment of this Act, the Secretary 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00987 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 988 HR 5515 PCS of Defense, in consultation with the Secretary of 1 State, shall submit to the appropriate congressional 2 committees a report on the status of the United 3 States relationship with the Republic of Turkey. 4 (2) MATTERS TO BE INCLUDED.—The report 5 required under this subsection shall include the fol- 6 lowing: 7 (A) An assessment of United States mili- 8 tary and diplomatic presence in Turkey, includ- 9 ing all military activities conducted from 10 Incirlik Air Base or elsewhere. 11 (B) An assessment of the potential pur- 12 chase by the Government of Turkey of the S- 13 400 air and missile defense system from the 14 Russian Federation and the potential effects of 15 such purchase on the United States-Turkey bi- 16 lateral relationship, including an assessment of 17 impacts on other United States weapon systems 18 and platforms operated jointly with Turkey to 19 include— 20 (i) the F–35 Lightning II Joint Strike 21 aircraft, to include co-production; 22 (ii) the Patriot surface-to-air missile 23 system; 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00988 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 989 HR 5515 PCS (iii) the CH–47 Chinook heavy lift 1 helicopter; 2 (iv) the AH–1 Attack helicopter; 3 (v) the H–60 Black Hawk utility heli- 4 copter; and 5 (vi) the F–16 Fighting Falcon air- 6 craft. 7 (C) An identification of potential alter- 8 native air and missile defense systems that 9 could be purchased by the Government of Tur- 10 key, including United States and other NATO 11 member state military air defense artillery sys- 12 tems. 13 (3) FORM.—The report required under this 14 subsection shall be submitted in unclassified form, 15 but may include a classified annex. 16 (c) LIMITATION.—The Secretary of Defense may not 17 take any action to execute delivery of a foreign military 18 sale for major defense equipment subject to congressional 19 notification under section 36 of the Arms Export Control 20 Act (22 U.S.C. 2778) (made under a letter of offer issued 21 under the authority of the Arms Export Control Act before 22 the date of the enactment of this Act) to the Republic of 23 Turkey until the Secretary submits to the appropriate con- 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00989 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 990 HR 5515 PCS gressional committees the report required under sub- 1 section (b). 2 (d) APPROPRIATE CONGRESSIONAL COMMITTEES 3 DEFINED.—In this section, the term ‘‘appropriate con- 4 gressional committees’’ means— 5 (1) the congressional defense committees; and 6 (2) the Committee on Foreign Relations of the 7 Senate and Committee on Foreign Affairs of the 8 House of Representatives. 9 SEC. 1272. SENSE OF CONGRESS ON UNITY OF GULF CO- 10 OPERATION COUNCIL MEMBER COUNTRIES. 11 It is the sense of Congress that— 12 (1) the member countries of the Gulf Coopera- 13 tion Council (GCC) are important security coopera- 14 tion partners of the United States; 15 (2) the unity of GCC member countries is crit- 16 ical to facing growing threats from Iran; and 17 (3) timely normalization of diplomatic, security, 18 and economic relationships among GCC member 19 countries is in the best interest of the United States. 20 SEC. 1273. REPORT ON UNITED STATES GOVERNMENT PO- 21 LICE TRAINING AND EQUIPPING PROGRAMS 22 FOR MEXICO. 23 (a) REPORT REQUIRED.—Not later than July 1, 24 2019, the President shall submit to the appropriate con- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00990 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 991 HR 5515 PCS gressional committees a report on United States Govern- 1 ment police training and equipping programs for Mexico. 2 (b) ELEMENTS.—The report required under sub- 3 section (a) shall include the following: 4 (1) A list of all United States Government de- 5 partments and agencies involved in implementing the 6 programs. 7 (2) A description of the scope, size, and compo- 8 nents of the programs for fiscal years 2017 and 9 2018, to include for each such program— 10 (A) the types of units receiving such assist- 11 ance, including national police, gendarmerie, 12 counternarcotics police, counterterrorism police, 13 Formed Police Units, border security, and cus- 14 toms; 15 (B) the purpose and objectives of the pro- 16 gram; 17 (C) the funding and personnel levels for 18 the program in each such fiscal year; 19 (D) the authority under which the program 20 is conducted; 21 (E) the name of the United States Govern- 22 ment department or agency with lead responsi- 23 bility for the program and the mechanisms for 24 oversight of the program; 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00991 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 992 HR 5515 PCS (F) the extent to which the program is im- 1 plemented by contractors or United States Gov- 2 ernment personnel; and 3 (G) the metrics for measuring the results 4 of the program and an assessment of the im- 5 pact achieved from the program. 6 (3) An assessment of the requirements for the 7 programs, and what changes, if any, are required to 8 improve the capacity of the United States Govern- 9 ment to meet such requirements. 10 (4) An evaluation of the appropriate role of 11 United States Government departments and agen- 12 cies in carrying out and coordinating the programs. 13 (5) An evaluation of the appropriate role of 14 contractors in carrying out the programs, and what 15 modifications, if any, are needed to improve over- 16 sight of such contractors. 17 (6) Recommendations for legislative modifica- 18 tions, if any, to existing authorities relating to the 19 programs. 20 (c) APPROPRIATE CONGRESSIONAL COMMITTEES.— 21 In this section, the term ‘‘appropriate congressional com- 22 mittees’’ means— 23 (1) the congressional defense committees; and 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00992 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 993 HR 5515 PCS (2) the Committee on Foreign Relations, the 1 Committee on Homeland Security and Governmental 2 Affairs, and the Committee on the Judiciary of the 3 Senate and the Committee on Foreign Affairs, the 4 Committee on Homeland Security, and the Com- 5 mittee on the Judiciary of the House of Representa- 6 tives. 7 SEC. 1274. AUTHORITY TO INCREASE ENGAGEMENT AND 8 MILITARY-TO-MILITARY COOPERATION WITH 9 WESTERN BALKANS COUNTRIES. 10 (a) IN GENERAL.—The Secretary of Defense is au- 11 thorized to increase engagement and military-to-military 12 cooperation with Western Balkans countries under the au- 13 thorities of chapter 16 of title 10, United States Code. 14 (b) DEFINITION.—In this section, the term ‘‘Western 15 Balkans countries’’ means— 16 (1) Serbia; 17 (2) Bosnia and Herzegovina; 18 (3) Kosovo; and 19 (4) Macedonia. 20 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00993 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 994 HR 5515 PCS SEC. 1275. TECHNICAL CORRECTIONS RELATING TO DE- 1 FENSE SECURITY COOPERATION STATUTORY 2 REORGANIZATION. 3 (a) CHAPTER REFERENCES.—The following provi- 4 sions of law are amended by striking ‘‘chapter 15’’ and 5 inserting ‘‘chapter 13’’: 6 (1) Section 886(a)(5) of the Homeland Security 7 Act of 2002 (6 U.S.C. 466(a)(5)). 8 (2) Section 332(a)(1) of the Consolidated Farm 9 and Rural Development Act (7 U.S.C. 1982(a)(1)). 10 (3) Section 101(a)(13)(B) of title 10, United 11 States Code. 12 (4) Section 115(i)(6) of title 10, United States 13 Code. 14 (5) Section 12304(c)(1) of title 10, United 15 States Code. 16 (6) Section 484C(c)(3)(C)(v)) of the Higher 17 Education Act of 1965 (20 U.S.C. 18 1091c(c)(3)(C)(v)). 19 (b) SECTION REFERENCES.—(1) Title 10, United 20 States Code, is amended— 21 (A) in section 386(c)(1), by striking ‘‘Sections 22 311, 321, 331, 332, 333,’’ and inserting ‘‘Sections 23 246, 251, 252, 253, 321,’’; and 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00994 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 995 HR 5515 PCS (B) in section 10541(b)(9) in the matter pre- 1 ceding subparagraph (A), by striking ‘‘sections 331, 2 332, 333,’’ and inserting ‘‘sections 251, 252, 253,’’. 3 (2) Section 484C(c)(3)(C)(i)) of the Higher Edu- 4 cation Act of 1965 (20 U.S.C. 1091c(c)(3)(C)(i)) is 5 amended by striking ‘‘section 331, 332,’’ and inserting 6 ‘‘section 251, 252,’’. 7 (c) OTHER TECHNICAL CORRECTIONS.—(1) Chapter 8 16 of title 10, United States Code, is amended— 9 (A) in section 311(a)(3), by striking ‘‘Secretary 10 to State’’ and inserting ‘‘Secretary of State’’; 11 (B) in section 321(e), by striking ‘‘calender’’ 12 each place it appears and inserting ‘‘calendar’’; 13 (C) in the table of sections at the beginning of 14 subchapter V of such chapter, by striking the item 15 relating to section 342 and inserting the following: 16 ‘‘342. Regional Centers for Security Studies.’’; (D) in section 347— 17 (i) in the heading of subsection (a)(7), by 18 striking ‘‘ETC.’’ and inserting ‘‘ETC’’; and 19 (ii) in the heading of subsection (b)(3)(B), 20 by striking ‘‘ETC.’’ and inserting ‘‘ETC’’; and 21 (E) in section 385(d)(1)(B), by striking ‘‘in- 22 clude’’ and inserting ‘‘including’’. 23 (2) Section 1204(b) of the Carl Levin and Howard 24 P. ‘‘Buck’’ McKeon National Defense Authorization Act 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00995 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 996 HR 5515 PCS for Fiscal Year 2015 (Public Law 113–291; 10 U.S.C. 1 362 note) is amended— 2 (A) in paragraph (1), by striking ‘‘section 3 2249e’’ each place it appears and inserting ‘‘section 4 362’’; and 5 (B) in paragraph (3), by striking ‘‘section 6 2249e’’ and inserting ‘‘section 301(1)’’. 7 SEC. 1276. UNITED STATES-ISRAEL COUNTERING UN- 8 MANNED AERIAL SYSTEMS COOPERATION. 9 Section 1279(a) of the National Defense Authoriza- 10 tion Act for Fiscal Year 2016 (Public Law 114–92; 22 11 U.S.C. 8606 note), as most recently amended by section 12 1278 of the National Defense Authorization Act for Fiscal 13 Year 2018 (Public Law 115–91; 131 Stat. 1700), is fur- 14 ther amended— 15 (1) by inserting ‘‘and capabilities for countering 16 unmanned aerial systems’’ after ‘‘anti-tunnel capa- 17 bilities’’; and 18 (2) by inserting ‘‘and unmanned aerial sys- 19 tems’’ after ‘‘underground tunnels’’. 20 SEC. 1277. THREE-YEAR EXTENSION OF AUTHORIZATION OF 21 NON-CONVENTIONAL ASSISTED RECOVERY 22 CAPABILITIES. 23 Section 943(g) of the National Defense Authorization 24 Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00996 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 997 HR 5515 PCS 4579), as most recently amended by section 1051(n) of 1 the National Defense Authorization Act for Fiscal Year 2 2018 (Public Law 115–91; 131 Stat. 1564), is further 3 amended by striking ‘‘2021’’ and inserting ‘‘2024’’. 4 SEC. 1278. REVISION OF STATUTORY REFERENCES TO 5 FORMER NATO SUPPORT ORGANIZATIONS 6 AND RELATED NATO AGREEMENTS. 7 Section 2350d of title 10, United States Code, is 8 amended— 9 (1) by striking ‘‘NATO Support Organization’’ 10 each place it appears and inserting ‘‘NATO Support 11 and Procurement Organization’’; 12 (2) by striking ‘‘Support Partnership Agree- 13 ment’’ each place it appears and inserting ‘‘Support 14 or Procurement Partnership Agreement’’; 15 (3) in subsection (a)(1), by striking ‘‘Support 16 Partnership Agreements’’ and inserting ‘‘Support or 17 Procurement Partnership Agreements’’; and 18 (4) in subsection (b)(1), by striking ‘‘in Eu- 19 rope’’. 20 SEC. 1279. SENSE OF THE CONGRESS CONCERNING MILI- 21 TARY-TO-MILITARY DIALOGUES. 22 It is the sense of Congress that— 23 (1) military-to-military dialogues, including in 24 the case of allies, partners, and adversaries and po- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00997 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 998 HR 5515 PCS tential adversaries, can be a useful and important 1 tool for advancing United States national security 2 objectives in a complex, interactive, and dynamic se- 3 curity environment; 4 (2) frameworks for military-to-military dia- 5 logues should be flexible and adaptable to such a se- 6 curity environment and should be informed by na- 7 tional security guidance, such as the 2017 National 8 Security Strategy and the 2018 National Defense 9 Strategy; and 10 (3) military-to-military dialogues can and 11 should be reliable, enduring, and tailorable based on 12 circumstance, so that such dialogues can be trusted 13 and available when needed, particularly amid esca- 14 lating tensions. 15 SEC. 1280. MODIFICATIONS TO GLOBAL ENGAGEMENT CEN- 16 TER. 17 Section 1287 of the National Defense Authorization 18 Act for Fiscal Year 2017 (22 U.S.C. 2656 note) is amend- 19 ed— 20 (1) by amending paragraph (2) of subsection 21 (a) to read as follows: 22 ‘‘(2) PURPOSE.—The purpose of the Center 23 shall be to direct, lead, synchronize, integrate, and 24 coordinate efforts of the Federal Government to rec- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00998 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 999 HR 5515 PCS ognize, understand, expose, and counter foreign 1 state and foreign non-state propaganda and 2 disinformation efforts aimed at undermining or in- 3 fluencing the policies, security, or stability of the 4 United States and United States allies and partner 5 nations.’’; 6 (2) in subsection (b)— 7 (A) by amending paragraph (1) to read as 8 follows: 9 ‘‘(1) Direct, lead, synchronize, integrate, and 10 coordinate interagency and international efforts to 11 track and evaluate counterfactual narratives abroad 12 that threaten the policies, security, or stability of the 13 United States and United States allies and partner 14 nations.’’; 15 (B) by amending paragraph (4) to read as 16 follows: 17 ‘‘(4) Identify current and emerging trends in 18 foreign propaganda and disinformation in order to 19 coordinate and shape the development of tactics, 20 techniques, and procedures to expose and refute for- 21 eign propaganda and disinformation, and pro-ac- 22 tively support the promotion of credible, fact-based 23 narratives and policies to audiences outside the 24 United States.’’; 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00999 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1000 HR 5515 PCS (C) by redesignating paragraphs (6) 1 through (10) as paragraphs (7) through (11), 2 respectively; 3 (D) by inserting after paragraph (5) the 4 following new paragraph: 5 ‘‘(6) Measure and evaluate the activities of the 6 Center, including the outcomes of such activities, 7 and implement mechanisms to ensure that the activi- 8 ties of the Center are updated to reflect the results 9 of such measurement and evaluation.’’; and 10 (E) by amending paragraph (8), as so re- 11 designated, to read as follows: 12 ‘‘(8) Use information from appropriate inter- 13 agency entities to identify the countries, geographic 14 areas, and populations most susceptible to propa- 15 ganda and disinformation, as well as the countries, 16 geographic areas, and populations in which such 17 propaganda and disinformation is likely to cause the 18 most harm.’’; 19 (3) in subsection (d), by amending paragraphs 20 (1) and (2) to read as follows: 21 ‘‘(1) DETAILEES AND ASSIGNEES.—Any Fed- 22 eral Government employee may be detailed or as- 23 signed to the Center with or without reimbursement, 24 consistent with applicable laws and regulations re- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01000 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1001 HR 5515 PCS garding such employee, and such detail or assign- 1 ment shall be without interruption or loss of status 2 or privilege. 3 ‘‘(2) OTHER PERSONNEL.—The Secretary of 4 State should, when hiring additional United States 5 citizen personnel, preference use of Foreign Service 6 limited appointments in accordance with section 309 7 of the Foreign Service Act of 1980 (22 U.S.C. 8 3949). The Secretary may hire United States citi- 9 zens or aliens, as appropriate, including as personal 10 services contractors, for purposes of personnel re- 11 sources of the Center, if— 12 ‘‘(A) the Secretary determines that exist- 13 ing personnel resources or expertise are insuffi- 14 cient; 15 ‘‘(B) the period in which services are pro- 16 vided by a personal services contractor, includ- 17 ing options, does not exceed 3 years, unless the 18 Secretary determines that exceptional cir- 19 cumstances justify an extension of up to one 20 additional year; 21 ‘‘(C) not more than 50 United States citi- 22 zens or aliens are employed as personal services 23 contractors under the authority of this para- 24 graph at any time; and 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01001 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1002 HR 5515 PCS ‘‘(D) the authority of this paragraph is 1 only used to obtain specialized skills or experi- 2 ence or to respond to urgent needs.’’; 3 (4) in subsection (e), by amending paragraphs 4 (1) and (2) to read as follows: 5 ‘‘(1) IN GENERAL.—For each of fiscal years 6 2019 and 2020, the Secretary of Defense is author- 7 ized to transfer, from amounts appropriated to the 8 Secretary pursuant to the authorization under this 9 Act, to the Secretary of State not more than 10 $60,000,000, to carry out the functions of the Cen- 11 ter. 12 ‘‘(2) NOTICE REQUIREMENT.—The Secretary of 13 Defense shall notify the Committee on Armed Serv- 14 ices, the Committee on Appropriations, and the 15 Committee on Foreign Relations of the Senate and 16 the Committee on Armed Services, the Committee 17 on Appropriations, the Committee on Foreign Af- 18 fairs, and the Committee on Oversight and Govern- 19 ment Reform of the House of Representatives of a 20 proposed transfer under paragraph (1) not less than 21 15 days prior to making such transfer.’’; 22 (5) in subsection (f), by amending paragraphs 23 (1) and (2) to read as follows: 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01002 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1003 HR 5515 PCS ‘‘(1) AUTHORITY FOR GRANTS.—The Center is 1 authorized to provide grants or contracts of financial 2 support to civil society groups, media content pro- 3 viders, nongovernmental organizations, federally 4 funded research and development centers, private 5 companies, or academic institutions for the following 6 purposes: 7 ‘‘(A) To support local entities and linkages 8 among such entities, including independent 9 media entities, that are best positioned to refute 10 foreign propaganda and disinformation in af- 11 fected communities. 12 ‘‘(B) To collect and store examples of 13 print, online, and social media disinformation 14 and propaganda directed at the United States 15 or United States allies and partner nations. 16 ‘‘(C) To analyze and report on tactics, 17 techniques, and procedures of foreign informa- 18 tion warfare and other efforts with respect to 19 disinformation and propaganda. 20 ‘‘(D) To support efforts by the Center to 21 counter efforts by foreign entities to use 22 disinformation and propaganda to undermine or 23 influence the policies, security, and social and 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01003 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1004 HR 5515 PCS political stability of the United States and 1 United States allies and partner nations. 2 ‘‘(2) FUNDING AVAILABILITY AND LIMITA- 3 TIONS.—The Secretary of State shall provide that 4 each entity that receives funds under this subsection 5 is selected in accordance with the relevant existing 6 regulations through a process that ensures such en- 7 tity has the credibility and capability to carry out ef- 8 fectively and in accordance with United States inter- 9 ests and objectives the purposes specified in para- 10 graph (1) for which such entity received such fund- 11 ing.’’; 12 (6) by redesignating subsections (h) and (i) as 13 subsections (i) and (j), respectively; and 14 (7) by inserting after subsection (g) the fol- 15 lowing new subsection: 16 ‘‘(h) CONGRESSIONAL BRIEFINGS.—The Secretary of 17 State, together with the heads of other relevant Federal 18 departments and agencies, shall provide a briefing to the 19 Committee on Armed Services, the Committee on Appro- 20 priations, and the Committee on Foreign Relations of the 21 Senate and the Committee on Armed Services, the Com- 22 mittee on Appropriations, the Committee on Foreign Af- 23 fairs, and the Committee on Oversight and Government 24 Reform of the House of Representatives not less often 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01004 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1005 HR 5515 PCS than annually regarding the activities of the Global En- 1 gagement Center. The briefings required under this sub- 2 section shall terminate on the date specified in subsection 3 (j).’’. 4 SEC. 1281. REPORT ON ACQUISITION AND CROSS-SERV- 5 ICING AGREEMENTS. 6 (a) IN GENERAL.—Not later than 30 days after en- 7 tering into a cross-servicing agreement under section 2342 8 of title 10, United States Code, with a country or organi- 9 zation referred to in subsection (a)(1) of such section, and 10 every 180 days thereafter for such period of time as the 11 agreement remains in effect, the Secretary of Defense 12 shall submit to the Committee on Armed Services of the 13 Senate and the Committee on Armed Services of the 14 House of Representatives a report with respect to the 15 agreement. 16 (b) MATTERS TO BE INCLUDED.—The report re- 17 quired under subsection (a) shall include the following: 18 (1) The type of country or organization referred 19 to in subsection (a)(1) of section 2342 of title 10, 20 United States Code, with respect to which the Sec- 21 retary of Defense entered into the agreement. 22 (2) The date on which the agreement was en- 23 tered into under such section 2342. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01005 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1006 HR 5515 PCS (3) A description of the logistic support, sup- 1 plies, and services to be provided to the military 2 forces of the country or organization and any other 3 transactions associated with the agreement. 4 (4) The estimated dollar value of support pro- 5 vided by the United States under the agreement. 6 (5) A copy of the agreement, including all ap- 7 pendices. 8 (6) An assessment as to whether or not the 9 agreement is in United States national security in- 10 terests. 11 (7) The end date of the agreement. 12 (c) FORM.—The report required under subsection (a) 13 shall be submitted in unclassified form but may contain 14 a classified annex. 15 SEC. 1282. PROHIBITION ON PROVISION OF WEAPONS AND 16 OTHER FORMS OF SUPPORT TO CERTAIN OR- 17 GANIZATIONS. 18 None of the funds authorized to be appropriated by 19 this Act or otherwise made available to the Department 20 of Defense for fiscal year 2019 may be used to provide 21 weapons or any other form of support to— 22 (1) Al Qaeda, the Islamic State of Iraq and 23 Syria (ISIS), Jabhat Fateh al Sham, or any indi- 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01006 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1007 HR 5515 PCS vidual or group affiliated with any such organiza- 1 tion; and 2 (2) any other entity that the Secretary of De- 3 fense determines may trade or sell arms to terrorist 4 organizations. 5 SEC. 1283. CERTIFICATION AND AUTHORITY TO TERMINATE 6 FUNDING FOR ACADEMIC RESEARCH RELAT- 7 ING TO FOREIGN TALENT PROGRAMS. 8 (a) PLAN REQUIRED.—Not later than 180 days after 9 the date of the enactment of this Act, and with respect 10 to funds authorized to be appropriated or otherwise made 11 available by this Act, the Secretary of Defense shall sub- 12 mit to the congressional defense committees a plan to im- 13 plement the certification requirement described in sub- 14 section (b) to ensure that applicants seeking such funds 15 for educational or academic training or research verify 16 that such funds shall not be made available to any indi- 17 vidual who has participated in or is currently participating 18 in a foreign talent or expert recruitment program of a 19 country listed in subsection (d). 20 (b) CERTIFICATION REQUIREMENT FOR FUNDING.— 21 Beginning not later than 1 year after the date of the en- 22 actment of this Act and with respect to funds authorized 23 to be appropriated or otherwise made available by this Act, 24 the Secretary of Defense shall require each applicant seek- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01007 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1008 HR 5515 PCS ing such funds for educational or academic training and 1 research, including at institutions of higher education (as 2 defined in section 101 of the Higher Education Act of 3 1965 (20 U.S.C. 1001)), policy institutes, federal labora- 4 tories, or research institutes, to include with the applica- 5 tion a certification that none of the funds received by such 6 applicant shall be made available to any individual who 7 has participated in or is currently participating in a for- 8 eign talent or expert recruitment program of a country 9 listed in subsection (d). 10 (c) AUTHORITY TO TERMINATE FUNDING.—Begin- 11 ning 1 year after the date of the enactment of this Act, 12 the Secretary of Defense may terminate existing funding 13 of, or prohibit the award of future funding to, a current 14 recipient if such recipient is unable to provide the certifi- 15 cation described in subsection (b) with respect to such ex- 16 isting funding. 17 (d) COUNTRIES LISTED.—The countries listed in this 18 subsection are the following: 19 (1) The People’s Republic of China. 20 (2) The Democratic People’s Republic of Korea. 21 (3) The Russian Federation. 22 (4) The Islamic Republic of Iran. 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01008 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1009 HR 5515 PCS SEC. 1284. SENSE OF CONGRESS ON SUPPORT FOR GEOR- 1 GIA. 2 (a) FINDINGS.—Congress finds the following: 3 (1) Georgia is a valued friend of the United 4 States and has repeatedly demonstrated its commit- 5 ment to advancing the mutual interests of both 6 countries, including the deployment of Georgian 7 forces as part of the International Security Assist- 8 ance Force (ISAF) led by the North Atlantic Treaty 9 Organization (NATO) in Afghanistan and the Multi- 10 National Force in Iraq. 11 (2) The European Deterrence Initiative builds 12 the partnership capacity of Georgia so it can work 13 more closely with the United States and NATO, as 14 well as provide for its own defense. 15 (3) In addition to the European Deterrence Ini- 16 tiative, Georgia’s participation in the NATO initia- 17 tive Partnership for Peace is paramount to inter- 18 operability with the United States and NATO, and 19 establishing a more peaceful environment in the re- 20 gion. 21 (4) Despite the losses suffered, as a NATO 22 partner of ISAF, Georgia is committed to the Reso- 23 lute Support Mission in Afghanistan with the fourth- 24 largest contingent on the ground. 25 (b) SENSE OF CONGRESS.—Congress— 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01009 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1010 HR 5515 PCS (1) reaffirms United States support for Geor- 1 gia’s sovereignty and territorial integrity within its 2 internationally-recognized borders, and does not rec- 3 ognize the independence of the Abkhazia and South 4 Ossetia regions currently occupied by the Russian 5 Federation; and 6 (2) supports continued cooperation between the 7 United States and Georgia and the efforts of the 8 Government of Georgia to provide for the defense of 9 its people and sovereign territory. 10 SEC. 1285. SENSE OF CONGRESS ON SUPPORT FOR ESTO- 11 NIA, LATVIA, AND LITHUANIA. 12 (a) FINDINGS.—Congress finds the following: 13 (1) The Baltic countries of Estonia, Latvia, and 14 Lithuania are highly valued allies of the United 15 States, and they have repeatedly demonstrated their 16 commitment to advancing our mutual interests as 17 well as those of the NATO Alliance. 18 (2) Operation Atlantic Resolve is a series of ex- 19 ercises and coordinating efforts demonstrating the 20 United States’ commitment to its European partners 21 and allies, including the Baltic countries of Estonia, 22 Latvia, and Lithuania, with the shared goal of peace 23 and stability in the region. Operation Atlantic Re- 24 solve strengthens communication and understanding, 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01010 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1011 HR 5515 PCS and is an important effort to deter Russian aggres- 1 sion in the region. 2 (3) Through Operation Atlantic Resolve, the 3 European Deterrence Initiative undertakes exercises, 4 training, and rotational presence necessary to reas- 5 sure and integrate our allies, including the Baltic 6 countries, into a common defense framework. 7 (4) All three Baltic countries contributed to the 8 NATO-led International Security Assistance Force 9 in Afghanistan, sending troops and operating with 10 few caveats. The Baltic countries continue to commit 11 resources and troops to the Resolute Support Mis- 12 sion in Afghanistan. 13 (b) SENSE OF CONGRESS.—Congress— 14 (1) reaffirms its support for the principle of col- 15 lective defense in Article 5 of the North Atlantic 16 Treaty for our NATO allies, including Estonia, Lat- 17 via, and Lithuania; 18 (2) supports the sovereignty, independence, ter- 19 ritorial integrity, and inviolability of Estonia, Latvia, 20 and Lithuania as well as their internationally recog- 21 nized borders, and expresses concerns over increas- 22 ingly aggressive military maneuvering by the Rus- 23 sian Federation near their borders and airspace; 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01011 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1012 HR 5515 PCS (3) expresses concern over and condemns sub- 1 versive and destabilizing activities by the Russian 2 Federation within the Baltic countries; and 3 (4) encourages the Administration to further 4 enhance defense cooperation efforts with Estonia, 5 Latvia, and Lithuania and supports the efforts of 6 their Governments to provide for the defense of their 7 people and sovereign territory. 8 SEC. 1286. REPORT ON UNITED STATES STRATEGY IN 9 YEMEN. 10 Not later than February 1, 2019, the Secretary of 11 Defense shall submit to the congressional defense commit- 12 tees a report describing the strategy of the United States 13 Armed Forces with respect to Yemen that includes a de- 14 scription of— 15 (1) the activities that the United States Armed 16 Forces are currently undertaking in Yemen; 17 (2) the costs associated with the involvement of 18 the United States Armed Forces in Yemen, includ- 19 ing costs relating to counterterrorism activities, re- 20 fueling missions, or other military activities; 21 (3) the key United States military interests, ob- 22 jectives, long-term goals, and end-states for Yemen; 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01012 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1013 HR 5515 PCS (4) indicators for the effectiveness of United 1 States military efforts to achieve such interests, ob- 2 jectives, goals, or end-states; 3 (5) how current United States military efforts 4 in Yemen align with such objectives; 5 (6) the estimated annual resources required 6 through fiscal year 2022 for the United States 7 Armed Forces to achieve such objectives; 8 (7) the current legal authorities supporting 9 United States military efforts in Yemen; and 10 (8) any other matters the Secretary determines 11 to be relevant. 12 SEC. 1287. REPORT ON HIZBALLAH. 13 (a) IN GENERAL.—Not later than 90 days after en- 14 actment of this Act, the President shall provide to the ap- 15 propriate congressional committees a report on Hizballah. 16 Such report shall include each of the following: 17 (1) An accounting of Hizballah’s known rocket 18 arsenal. 19 (2) An evaluation of the impact of the United 20 Nations Interim Force in Lebanon mandate. 21 (3) An evaluation of the tactical and strategic 22 capabilities of Hizballah, including such capabilities 23 related to defense. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01013 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1014 HR 5515 PCS (4) A detailed description of the known supply 1 routes used in the illegal procurement of weapons 2 for Hizballah. 3 (5) An estimate of companies and other entities 4 that support Hizballah’s network. 5 (6) An assessment of the effects of the inter- 6 ference of Hizballah in conflicts throughout the Mid- 7 dle East region. 8 (7) An assessment of how Hizballah raises, 9 holds, and spends funds in territories where United 10 Nations Interim Force in Lebanon operates. 11 (b) APPROPRIATE CONGRESSIONAL COMMITTEES.— 12 In this section, the term ‘‘appropriate congressional com- 13 mittees’’ means— 14 (1) the Committees on Armed Services of the 15 Senate and House of Representatives; 16 (2) the Committee on Foreign Affairs of the 17 House of Representatives; 18 (3) the Committee on Foreign Relations of the 19 Senate; 20 (4) the Permanent Select Committee on Intel- 21 ligence of the House of Representatives; and 22 (5) the Select Committee on Intelligence of the 23 Senate. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01014 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1015 HR 5515 PCS SEC. 1288. RULE OF CONSTRUCTION. 1 Nothing in this Act shall be construed as authorizing 2 the use of force against North Korea. 3 SEC. 1289. MODIFICATION OF FREEDOM OF NAVIGATION 4 REPORTING REQUIREMENTS. 5 Subsection (a) of section 1275 of the National De- 6 fense Authorization Act for Fiscal Year 2017 (Public Law 7 114–328; 130 Stat. 2540), as amended by section 8 1262(a)(1) of the National Defense Authorization Act for 9 Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1689), 10 is further amended by striking ‘‘the Committees on Armed 11 Services of the Senate and the House of Representatives’’ 12 and inserting ‘‘the Committee on Armed Services and the 13 Committee on Foreign Relations of the Senate and the 14 Committee on Armed Services and the Committee on For- 15 eign Affairs of the House of Representatives’’. 16 SEC. 1290. SENSE OF CONGRESS REGARDING THE ROLE OF 17 THE UNITED STATES IN THE NORTH ATLAN- 18 TIC TREATY ORGANIZATION. 19 It is the sense of Congress that continued United 20 States leadership in the North Atlantic Treaty Organiza- 21 tion is critical to the national security of the United 22 States. 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01015 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1016 HR 5515 PCS SEC. 1291. SENSE OF CONGRESS AND REAFFIRMING THE 1 COMMITMENT OF THE UNITED STATES TO 2 THE NORTH ATLANTIC TREATY ORGANIZA- 3 TION (NATO). 4 (a) FINDINGS.—Congress finds the following: 5 (1) On April 4, 1949, the North Atlantic Trea- 6 ty Organization (NATO) was founded with the 7 ideals of democracy, individual liberty, and the de- 8 sire for peaceful resolutions of disputes. 9 (2) For over six decades, NATO has been a 10 successful intergovernmental political and military 11 alliance. 12 (3) NATO’s collective defense acts as a deter- 13 rent to aggression where the alliance defends its Al- 14 lied countries against external security threats. 15 (4) NATO strengthens the security of the 16 United States by utilizing an integrated military co- 17 alition. 18 (5) While Russia has continued to threaten the 19 sovereignty of countries in Europe and exhibit 20 threatening behavior toward our own military assets, 21 NATO sends a clear collective message that the Alli- 22 ance will not tolerate Russia’s provocation. 23 (6) In respect to the changing threats against 24 Europe and the United States since the end of the 25 Cold War, NATO has evolved to take on new dan- 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01016 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1017 HR 5515 PCS gers including terrorism, the spread of weapons of 1 mass destruction, and cyber attacks. 2 (7) After the September 11, 2001, terrorist at- 3 tacks on the United States, NATO invoked Article 4 5 of the North Atlantic Treaty for the first time in 5 NATO’s history to deploy military resources to Af- 6 ghanistan in support of the United States mission to 7 combat a dangerous terrorist threat. 8 (8) NATO aided the United States military by 9 leading the International Security Assistance Force 10 in Afghanistan from August 2003 to 2014, working 11 with Afghan authorities to respond to the terrorist 12 insurgency and to provide effective security across 13 the country. 14 (9) NATO continues a civilian-led presence in 15 Afghanistan to strengthen Afghan security forces 16 and institutions to ensure the country can rebuild its 17 security operations and end safe haven for terrorists. 18 (10) In November 2002 at the Prague Summit, 19 NATO leaders adopted a Prague package to adapt 20 NATO to the challenge of combating terrorism 21 which included a Military Concept for Defense 22 against Terrorism, a Partnership Action Plan 23 against Terrorism, missile defense, cyber defense, 24 and enhanced intelligence sharing. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01017 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1018 HR 5515 PCS (11) In November 2006 at the Riga Summit, 1 NATO declared that ‘‘terrorism, increasingly global 2 in scope and lethal in results, and the spread of 3 weapons of mass destruction are likely to be the 4 principal threats to the Alliance over the next 10 to 5 15 years’’. 6 (12) In July 2016 at the Warsaw Summit, 7 NATO leaders agreed to strengthen the Alliance’s 8 military presence in Eastern Europe, declared Initial 9 Operational Capability of NATO’s Ballistic Missile 10 Defense to strengthen the defense of Allied countries 11 against ballistic missiles, and recognized cyberspace 12 as a new operational domain. 13 (13) The attacks in Paris, France; Berlin, Ger- 14 many; Istanbul, Turkey; Manchester, England; Bar- 15 celona, Spain; and Brussels, Belgium, home of the 16 NATO Headquarters, shows the importance of an 17 international alliance to combat terrorist groups. 18 (b) SENSE OF CONGRESS.—It is the sense of Con- 19 gress that— 20 (1) the United States reaffirms its commitment 21 to the North Atlantic Treaty Organization (NATO) 22 as the foundation of transatlantic security and de- 23 fense; 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01018 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1019 HR 5515 PCS (2) NATO serves as a critical coalition in pre- 1 serving peace and stability in the transatlantic re- 2 gion; 3 (3) NATO’s continued effort to develop new ca- 4 pabilities and technologies to combat terrorism and 5 a changing international security environment are 6 crucial to enhancing national security and strength- 7 ening the United States ability to combat evolving 8 security threats; and 9 (4) the United States encourages each NATO 10 member country to meet or exceed the commitment 11 to spend two percent of its Gross Domestic Product 12 (GDP) on defense. 13 SEC. 1292. SENSE OF CONGRESS RELATING TO INCREASES 14 IN DEFENSE CAPABILITIES OF UNITED 15 STATES ALLIES. 16 It is the sense of Congress that the President, in fur- 17 therance of increased unity, equitable sharing of the com- 18 mon defense burden, and international stability, should— 19 (1) encourage all member countries of the 20 North Atlantic Treaty Organization (‘‘NATO al- 21 lies’’) to fulfill their commitments to levels and com- 22 position of defense expenditures as agreed upon at 23 the NATO 2014 Wales Summit and NATO 2016 24 Warsaw Summit; 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01019 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1020 HR 5515 PCS (2) call on NATO allies to finance, equip, and 1 train their armed forces to fulfill their national and 2 regional security interests; and 3 (3) recognize NATO allies that are meeting 4 their defense spending commitments or otherwise 5 providing adequately for their national and regional 6 security interests. 7 SEC. 1293. REPORT ON THREATS BY THE MUSLIM BROTH- 8 ERHOOD. 9 (a) SENSE OF CONGRESS.—It is the sense of Con- 10 gress that the Muslim Brotherhood is a threat to the 11 United States. 12 (b) STRATEGY.— 13 (1) IN GENERAL.—Not later than one year 14 after the date of the enactment of this Act, the 15 President and the Secretary of Defense, in coordina- 16 tion with the Secretary of State, shall submit to the 17 appropriate congressional committees a report that 18 contains an assessment of the threats posed to the 19 United States by the Muslim Brotherhood. 20 (2) MATTERS TO BE INCLUDED.—The report 21 required under paragraph (1) shall include the fol- 22 lowing: 23 (A) A description of the origins of the 24 Muslim Brotherhood. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01020 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1021 HR 5515 PCS (B) A description of the strategic aims of 1 the Muslim Brotherhood. 2 (C) A description of the tactical methods 3 of the Muslim Brotherhood. 4 (D) A description of the funding sources of 5 the Muslim Brotherhood. 6 (E) A description of the leadership struc- 7 tures of the Muslim Brotherhood. 8 (F) Any other matters the President and 9 Secretary of Defense consider appropriate. 10 (3) FORM.—The required under paragraph (1) 11 shall be submitted in unclassified form, but may in- 12 clude a classified annex. 13 (c) DEFINITION.—In this section, the term ‘‘appro- 14 priate congressional committees’’ means— 15 (1) the Committee on Armed Services, the 16 Committee on Foreign Relations, the Committee on 17 Appropriations, and the Select Committee on Intel- 18 ligence of the Senate; and 19 (2) the Committee on Armed Services, the 20 Committee on Foreign Affairs, the Committee on 21 Appropriations, and the Permanent Select Com- 22 mittee on Intelligence of the House of Representa- 23 tives. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01021 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1022 HR 5515 PCS SEC. 1294. REPORT BY DEFENSE INTELLIGENCE AGENCY 1 ON CERTAIN MILITARY CAPABILITIES OF 2 CHINA AND RUSSIA. 3 (a) REPORT.—The Director of the Defense Intel- 4 ligence Agency shall submit to the Secretary of Defense 5 and the appropriate congressional committees a report on 6 the military capabilities of the People’s Republic of China 7 and the Russian Federation. 8 (b) MATTERS INCLUDED.—The report under sub- 9 section (a) shall include, with respect to the military of 10 China and the military of Russia, the following: 11 (1) An update on the presence, status, and ca- 12 pability of the military with respect to any national 13 training centers similar to the Combat Training 14 Center Program of the United States. 15 (2) An analysis of a readiness deployment cycle 16 of the military, including— 17 (A) as compared to such a cycle of the 18 United States; and 19 (B) an identification of metrics used in the 20 national training centers of that military. 21 (3) A comprehensive investigation into the ca- 22 pability and readiness of the mechanized logistics of 23 the army of the military, including— 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01022 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1023 HR 5515 PCS (A) an analysis of field maintenance, 1 sustainment maintenance, movement control, 2 intermodal operations, and supply; and 3 (B) how such functions under subpara- 4 graph (A) interact with specific echelons of that 5 military. 6 (4) An assessment of the future of mechanized 7 army logistics of that military. 8 (c) NONDUPLICATION OF EFFORTS.—The Defense 9 Intelligence Agency may make use of or add to any exist- 10 ing reports completed by the Agency in order to respond 11 to the reporting requirement. 12 (d) FORM.—The report under subsection (a) may be 13 submitted in classified form. 14 (e) BRIEFING.—The Director shall provide a briefing 15 to the Secretary and the committees specified in sub- 16 section (a) on the report under such subsection. 17 (f) APPROPRIATE CONGRESSIONAL COMMITTEES.— 18 In this section, the term ‘‘appropriate congressional com- 19 mittees’’ means— 20 (1) the Committee on Armed Services, the Per- 21 manent Select Committee on Intelligence, and the 22 Committee on Foreign Affairs of the House of Rep- 23 resentatives; and 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01023 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1024 HR 5515 PCS (2) the Committee on Armed Services, the Se- 1 lect Committee on Intelligence, and the Committee 2 on Foreign Relations of the Senate. 3 SEC. 1295. REPORT ON EFFORTS TO COMBAT BOKO HARAM 4 IN NIGERIA AND THE LAKE CHAD BASIN. 5 (a) SENSE OF CONGRESS.—Congress— 6 (1) strongly condemns the ongoing violence and 7 the systematic gross human rights violations against 8 the people of Nigeria and the Lake Chad Basin car- 9 ried out by Boko Haram; 10 (2) expresses its support for the people of Nige- 11 ria and the Lake Chad Basin who wish to live in a 12 peaceful, economically prosperous, and democratic 13 region; and 14 (3) calls on the President to support Nigerian, 15 Lake Chad Basin, and international community ef- 16 forts to ensure accountability for crimes against hu- 17 manity committed by Boko Haram against the peo- 18 ple of Nigeria and the Lake Chad Basin, particu- 19 larly the young girls kidnapped from Chibok and 20 other internally displaced persons affected by the ac- 21 tions of Boko Haram. 22 (b) REPORT.— 23 (1) IN GENERAL.—Not later than 90 days after 24 the date of the enactment of this Act, the Secretary 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01024 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1025 HR 5515 PCS of Defense, the Secretary of State, and the Attorney 1 General shall jointly submit to Congress a report on 2 efforts to combat Boko Haram in Nigeria and the 3 Lake Chad Basin. 4 (2) ELEMENTS.—The report required under 5 paragraph (1) shall include the following elements: 6 (A) A description of initiatives undertaken 7 by the Department of Defense to assist the 8 Government of Nigeria and countries in the 9 Lake Chad Basin to develop capacities to de- 10 ploy special forces to combat Boko Haram. 11 (B) A description of United States activi- 12 ties to enhance the capacity of Nigeria and 13 countries in the Lake Chad Basin to investigate 14 and prosecute human rights violations per- 15 petrated against the people of Nigeria and the 16 Lake Chad Basin by Boko Haram, al-Qaeda af- 17 filiates, and other terrorist organizations, in 18 order to promote respect for rule of law in Ni- 19 geria and the Lake Chad Basin. 20 SEC. 1296. REPORT ON INTERFERENCE IN LIBYA BY MILI- 21 TARY AND SECURITY FORCES OF OTHER FOR- 22 EIGN NATIONS. 23 (a) IN GENERAL.—Not later than 180 days after the 24 date of the enactment of this Act, and annually thereafter 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01025 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1026 HR 5515 PCS for 2 years, the Secretary of Defense and the Secretary 1 of State shall jointly submit to the appropriate congres- 2 sional committees a report on the military activities of ex- 3 ternal actors in Libya, including Russia, Egypt, and the 4 United Arab Emirates. 5 (b) ELEMENTS.—The report required by subsection 6 (a) shall also include the following: 7 (1) An assessment of military, security, and in- 8 fluence activities by foreign countries in Libya, in- 9 cluding— 10 (A) actions that violate or seek to violate 11 the United Nations arms embargo on Libya im- 12 posed pursuant to United Nations Security 13 Council Resolution 1970 (2011); 14 (B) actions outside the scope of such Reso- 15 lution that seek to increase the relative strength 16 of either the eastern or western coalition in 17 Libya, including through financing, policy co- 18 ordination, or political support; 19 (C) the extent to which the actions de- 20 scribed in subparagraph (A) and (B) involve 21 United States-origin equipment and violate con- 22 tractual conditions of acceptable use of such 23 equipment; 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01026 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1027 HR 5515 PCS (2) An assessment of whether the actions de- 1 scribed in subparagraphs (A) and (B) of paragraph 2 (1) have undermined the United Nations-led and 3 United States-supported negotiations or the objec- 4 tive of political reconciliation and stabilization in 5 Libya. 6 (3) An assessment of Russian influence in 7 Libya and Egypt, including: 8 (A) Russian efforts to provide logistical, 9 material or political assistance to Libyan par- 10 ties, establish a military presence, and expand 11 political influence in Libya, and any facilitation 12 by Egyptian officers or officials for such activi- 13 ties; 14 (B) whether the presence and activities of 15 Russian personnel and equipment in Libya and 16 Egypt, and Russian requests to establish bases 17 in Egypt, pose or could pose a future challenge 18 to the United States’ ability to operate in 19 Egypt, Libya, or the southern Mediterranean 20 broadly, including overflight privileges; and 21 (C) whether Egypt is facilitating Russian 22 influence and materiel-provision in Libya and 23 the extent to which such facilitation undermines 24 United States policy, involves United States-ori- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01027 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1028 HR 5515 PCS gin equipment, and violates contractual condi- 1 tions of acceptable use of such equipment. 2 (4) Any other matters the Secretary of Defense 3 and the Secretary of State determine to be relevant. 4 (c) FORM.—The report required by subsection (a) 5 shall be submitted in unclassified form but may contain 6 a classified annex. 7 (d) APPROPRIATE CONGRESSIONAL COMMITTEES.— 8 In this section, the term ‘‘appropriate congressional com- 9 mittees’’ means the congressional defense committees, the 10 Committee on Foreign Relations of the Senate, and the 11 Committee on Foreign Affairs of the House of Representa- 12 tives. 13 SEC. 1297. SENSE OF CONGRESS REGARDING BUILDING AN 14 INTERNATIONAL COALITION TO COUNTER 15 HYBRID THREATS. 16 It is the sense of Congress that— 17 (1) the United States is stronger and more ef- 18 fective when we work with our partners and allies 19 abroad; 20 (2) the United States should lead an inter- 21 national effort of like-minded democracies to build 22 awareness of and resilience to the Kremlin’s malign 23 influence operations. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01028 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1029 HR 5515 PCS SEC. 1298. MODIFICATION TO ANNUAL REPORT ON MILI- 1 TARY AND SECURITY DEVELOPMENTS IN- 2 VOLVING THE PEOPLE’S REPUBLIC OF 3 CHINA. 4 Paragraph (22) of section 1202(b) of the National 5 Defense Authorization Act for Fiscal Year 2000 (Public 6 Law 106–65; 10 U.S.C. 113 note), as most recently 7 amended by section 1261 of the National Defense Author- 8 ization Act for Fiscal Year 2018 (Public Law 115–91; 131 9 Stat. 1688), is further amended by striking ‘‘activities in 10 the South China Sea’’ and inserting the following: ‘‘activi- 11 ties— 12 ‘‘(A) in the South China Sea; 13 ‘‘(B) in the East China Sea, including in 14 the vicinity of the Senkaku islands; and 15 ‘‘(C) in the Indian Ocean region.’’. 16 SEC. 1299. UNITED STATES SECURITY AND HUMANITARIAN 17 SUPPORT STRATEGY FOR YEMEN. 18 Not later than 90 days after the date of the enact- 19 ment of this Act, the Secretary of State and the Secretary 20 of Defense, in coordination with the Administrator of the 21 United States Agency for International Development, shall 22 jointly submit to Congress a comprehensive report on 23 United States security and humanitarian interests in 24 Yemen, including each of the following: 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01029 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1030 HR 5515 PCS (1) The strategic objectives of the United 1 States in Yemen, including humanitarian support to 2 civilian populations under threat of famine, and the 3 criteria for determining the success of such objec- 4 tives. 5 (2) A description of efforts to coordinate civil- 6 ian and military efforts with respect to Yemen. 7 (3) A description of the diplomatic strategy 8 with respect to regional partners seeking to end the 9 civil war in Yemen. 10 SEC. 1299A. REPORT ON BANGLADESH. 11 The Secretary of State, in coordination with the Ad- 12 ministrator of the United States Agency for International 13 Development (USAID) and the Secretary of Defense, shall 14 submit to Congress a report— 15 (1) assessing Bangladesh’s ability to respond to 16 humanitarian crises and natural disasters; and 17 (2) recommending areas for enhancing humani- 18 tarian assistance and disaster relief cooperation be- 19 tween the United States and Bangladesh relating to 20 improving Bangladesh’s ability to respond to human- 21 itarian crises and natural disasters, including 22 through humanitarian consultations, training, and 23 exercises. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01030 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1031 HR 5515 PCS SEC. 1299B. UNITED STATES CYBERSECURITY COOPERA- 1 TION WITH UKRAINE. 2 (a) STATEMENT OF POLICY.—It is the policy of the 3 United States to— 4 (1) reaffirm the United States-Ukraine Charter 5 on Strategic Partnership, which highlights the im- 6 portance of the bilateral relationship and outlines 7 enhanced cooperation in the areas of defense, secu- 8 rity, economics and trade, energy security, democ- 9 racy, and cultural exchanges; 10 (2) support continued cooperation between 11 NATO and Ukraine; 12 (3) support Ukraine’s political and economic re- 13 forms; 14 (4) reaffirm the commitment of the United 15 States to the Budapest Memorandum on Security 16 Assurances; 17 (5) assist Ukraine’s efforts to enhance its cy- 18 bersecurity capabilities; and 19 (6) improve Ukraine’s ability to respond to 20 Russian-supported disinformation and propaganda 21 efforts in cyberspace, including through social media 22 and other outlets. 23 (b) SENSE OF CONGRESS.—It is the sense of Con- 24 gress that the Secretary of State should take the following 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01031 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1032 HR 5515 PCS actions, commensurate with United States interests, to as- 1 sist Ukraine to improve its cybersecurity: 2 (1) Provide Ukraine such support as may be 3 necessary to secure government computer networks 4 from malicious cyber intrusions, particularly such 5 networks that defend the critical infrastructure of 6 Ukraine. 7 (2) Provide Ukraine support in reducing reli- 8 ance on Russian information and communications 9 technology. 10 (3) Assist Ukraine to build its capacity, expand 11 cybersecurity information sharing, and cooperate on 12 international cyberspace efforts. 13 (c) REPORT.—Not later than 180 days after the date 14 of the enactment of this Act, the Secretary of State shall 15 submit to the congressional defense committees and the 16 Committee on Foreign Affairs of the House of Representa- 17 tives and the Committee on Foreign Relations of the Sen- 18 ate a report on United States cybersecurity cooperation 19 with Ukraine. Such report shall also include information 20 relating to the following: 21 (1) United States efforts to strengthen 22 Ukraine’s ability to prevent, mitigate, and respond 23 to cyber incidents, including through training, edu- 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01032 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1033 HR 5515 PCS cation, technical assistance, capacity building, and 1 cybersecurity risk management strategies. 2 (2) The potential for new areas of collaboration 3 and mutual assistance between the United States 4 and Ukraine in addressing shared cyber challenges, 5 including cybercrime, critical infrastructure protec- 6 tion, and resilience against botnets and other auto- 7 mated, distributed threats. 8 (3) NATO’s efforts to help Ukraine develop 9 technical capabilities to counter cyber threats. 10 SEC. 1299C. BRIEFING ON CHINA’S MILITARY INSTALLA- 11 TION IN THE REPUBLIC OF DJIBOUTI. 12 (a) BRIEFING REQUIRED.—Not later than 30 days 13 after the date of the enactment of this Act, the Secretary 14 of Defense, in coordination with the Secretary of State, 15 shall brief the appropriate congressional committees on 16 the following: 17 (1) An assessment of the impact of the People’s 18 Republic of China’s first overseas military installa- 19 tion in the Republic of Djibouti on the ability of the 20 United States forces to operate in the region. 21 (2) An assessment of China’s ability to obtain 22 sensitive information and impact operations con- 23 ducted from Camp Lemmonier in Djibouti, the larg- 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01033 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1034 HR 5515 PCS est United States military installation on the African 1 continent. 2 (3) An assessment of the ability of the Presi- 3 dent of Djibouti to terminate by all methods, includ- 4 ing by simple decree, the Department of Defense’s 5 lease agreement governing operation of Camp 6 Lemmonier. 7 (4) An assessment of the impact of the Chinese 8 base in Djibouti on security and safety of United 9 States personnel in Djibouti. 10 (5) An assessment of the status of China’s com- 11 pliance with the ‘‘Protocol on Blinding Laser Weap- 12 ons’’ that forbids employment of laser weapons. 13 (6) An assessment of the laser attack in 14 Djibouti that injured United States airmen. 15 (7) An assessment of Djibouti’s compliance 16 with its treaty obligations under the Ottawa Conven- 17 tion to end the use of landmines. 18 (b) APPROPRIATE CONGRESSIONAL COMMITTEES 19 DEFINED.—In this section, the term ‘‘appropriate con- 20 gressional committees’’ means— 21 (1) the Committee on Armed Services and the 22 Committee on Foreign Relations of the Senate; and 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01034 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1035 HR 5515 PCS (2) the Committee on Armed Services and the 1 Committee on Foreign Affairs of the House of Rep- 2 resentatives. 3 SEC. 1299D. SENSE OF CONGRESS WITH RESPECT TO THE 3 4 SEAS INITIATIVE. 5 It is the sense of Congress that— 6 (1) the 3 Seas Initiative could serve as a valu- 7 able counterweight to the efforts of the Russian Gov- 8 ernment to divide Europe and to the regional expan- 9 sionism of the Chinese Government, particularly in 10 the context of energy and infrastructure; and 11 (2) the United States should fully support the 12 efforts of the 3 Seas Initiative, including by— 13 (A) sending a high level delegation to fu- 14 ture summits convened by the Initiative; 15 (B) encouraging United States business 16 leaders to participate in the Initiative; and 17 (C) supporting the establishment of a net- 18 work of Central European chambers of com- 19 merce. 20 SEC. 1299E. REPORT ON VIOLENCE AND CARTEL ACTIVITY 21 IN MEXICO. 22 The Secretary of Defense shall submit to the congres- 23 sional defense committees a report on violence and cartel 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01035 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1036 HR 5515 PCS activity in Mexico and the impact of such on United States 1 national security. 2 SEC. 1299F. REPORT ON DEPARTMENT OF DEFENSE MIS- 3 SIONS, OPERATIONS, AND ACTIVITIES IN 4 NIGER AND THE BROADER REGION. 5 (a) REPORT REQUIRED.— 6 (1) IN GENERAL.—Not later than 180 days 7 after the date of the enactment of this Act, the Sec- 8 retary of Defense, in consultation as appropriate 9 with the Secretary of State, shall submit to the con- 10 gressional defense committees, the Committee on 11 Foreign Relations of the Senate, and the Committee 12 on Foreign Affairs of the House of Representatives 13 a report on the missions, operations, and activities 14 of the Department in Niger and the broader region 15 that includes the following: 16 (A) A description of the objectives and the 17 associated lines of efforts of the Department in 18 Niger and the broader region, and the bench- 19 marks for assessing progress toward such objec- 20 tives. 21 (B) A description of the timeline for 22 achieving such objectives in Niger and the 23 broader region. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01036 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1037 HR 5515 PCS (C) A justification of the relevance of such 1 objectives in Niger and the broader region to 2 the national security of the United States and 3 to the objectives in the National Defense Strat- 4 egy. 5 (D) A description of steps the Department 6 is taking to ensure that security cooperation in 7 Niger and the broader region is effectively co- 8 ordinated with the diplomatic and development 9 activities of the Department of State and the 10 United States Agency for International Devel- 11 opment. 12 (E) A description of the legal, operational, 13 and fiscal authorities relating to the lines of ef- 14 fort of the Department in Niger and the broad- 15 er region. 16 (F) An identification of measures to miti- 17 gate operational risk to and increase the pre- 18 paredness of members of the Armed Forces 19 conducting missions, operations, or activities in 20 Niger or the broader region. 21 (G) An assessment of the command and 22 support relationships of United States Africa 23 Command with subordinate component com- 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01037 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1038 HR 5515 PCS mands, including Special Operations Command 1 Africa. 2 (H) An identification and description of 3 each implemented recommendation from the 4 Army Regulation 15-6 investigation report con- 5 ducted by United States Africa Command re- 6 garding the deaths of four soldiers in Niger on 7 October 4, 2017. 8 (I) Any other matter the Secretary deter- 9 mines to be appropriate. 10 (2) SCOPE OF REPORT.—For purposes of the 11 report required by paragraph (1), the term ‘‘broader 12 region’’ includes Algeria, Libya, Chad, Cameroon, 13 Nigeria, Benin, Burkina Faso, and Mali. 14 (b) FORM.—The report required by subsection (a)(1) 15 shall be submitted in unclassified form but may contain 16 a classified annex. 17 SEC. 1299G. BRIEFING ON DEPARTMENT OF DEFENSE PRO- 18 GRAM TO PROTECT UNITED STATES STU- 19 DENTS AGAINST FOREIGN AGENTS. 20 Not later than 240 days after the date of the enact- 21 ment of this Act, the Secretary of Defense shall provide 22 a briefing to the congressional defense committees on the 23 program described in section 1277 of the National De- 24 fense Authorization Act for Fiscal Year 2018 (Public Law 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01038 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1039 HR 5515 PCS 115–91), including an assessment on whether the program 1 is beneficial to students interning, working part time, or 2 in a program that will result in employment post-gradua- 3 tion with Department of Defense components and contrac- 4 tors. 5 SEC. 1299H. REPORT ON HONDURAS, GUATEMALA, AND EL 6 SALVADOR. 7 (a) IN GENERAL.—Not later than 180 days after the 8 date of the enactment of this Act, the Secretary of De- 9 fense, in coordination with the Director of National Intel- 10 ligence, shall submit to the congressional defense commit- 11 tees, the Committee on Foreign Relations of the Senate, 12 and the Committee on Foreign Affairs of the House of 13 Representatives a report regarding narcotics trafficking 14 corruption and illicit campaign finance in Honduras, Gua- 15 temala, and El Salvador. 16 (b) MATTERS TO BE INCLUDED.—The report re- 17 quired under subsection (a) shall include— 18 (1) the names of senior government officials in 19 Honduras, Guatemala, and El Salvador who are 20 known to have committed or facilitated acts of grand 21 corruption or narcotics trafficking; 22 (2) the names of elected officials in Honduras, 23 Guatemala, and El Salvador who are known to have 24 received campaign funds that are the proceeds of 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01039 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1040 HR 5515 PCS narco-trafficking or other illicit activities in the last 1 2 years; and 2 (3) the names of individuals in Honduras, Gua- 3 temala, and El Salvador who are known to have fa- 4 cilitated the financing of political campaigns in any 5 of the Northern Triangle countries with the proceeds 6 of narco-trafficking or other illicit activities in the 7 last 2 years. 8 (c) FORM.—The report submitted under subsection 9 (a) shall be submitted in unclassified form, but may in- 10 clude a classified annex. 11 SEC. 1299I. REPORT ON COUNTRIES AND ENEMY GROUPS 12 AGAINST WHICH THE UNITED STATES HAS 13 TAKEN MILITARY ACTION. 14 Not later than 180 days after the date of the enact- 15 ment of this Act, the Secretary of Defense shall submit 16 to the Committee on Armed Services and the Committee 17 on Foreign Affairs of the House of Representatives and 18 the Committee on Armed Services and the Committee on 19 Foreign Relations of the Senate a report that identifies 20 the nations, organizations, and persons against which the 21 United States has taken military action pursuant to the 22 Authorization for Use of Military Force (Public Law 107– 23 40; 50 U.S.C. 1541 note). 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01040 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1041 HR 5515 PCS SEC. 1299J. IMPORTANCE OF EXCHANGES BETWEEN THE 1 DEPARTMENT OF STATE AND THE DEPART- 2 MENT OF DEFENSE. 3 (a) FINDINGS.—Congress finds the following: 4 (1) In a world with increasingly complex polit- 5 ical and security challenges, bridging the gap be- 6 tween diplomacy and defense is more vital than ever 7 to achieve United States strategic objectives abroad. 8 (2) Foreign missions are multifaceted, rapidly 9 evolving, and interconnected. 10 (3) Emerging security issues demand that the 11 United States Government be quick, agile, adapt- 12 able, comprehensive, and inclusive when navigating 13 foreign partnerships. 14 (4) The interagency process continues to be the 15 most efficient and effective means for the United 16 States to quickly adjust to changing circumstances 17 and leverage resources for securing its strategic ob- 18 jectives abroad. 19 (5) The Government Accountability Office has 20 found that ‘‘effective interagency rotational assign- 21 ments can achieve collaboration-related results’’. 22 (b) SENSE OF CONGRESS.—It is the sense of Con- 23 gress that— 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01041 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1042 HR 5515 PCS (1) United States Government personnel must 1 be able to collaborate across departments and agen- 2 cies to meet complex national security challenges; 3 (2) the United States needs to ensure that its 4 foreign and defense policies are mutually supportive 5 and find ways to most effectively align its strategies; 6 (3) exchange programs between the Department 7 of State and Department of Defense are critical for 8 strengthening the capacity of such Departments to 9 promote regional stability around the world while 10 protecting and promoting United States interests; 11 (4) Foreign Service officers serving as political 12 advisors provide deep understanding of diplomatic 13 dynamics and issues and can enable, through such 14 exchange programs, the Department of Defense to 15 make effective and sustained contributions to pro- 16 tecting and promoting United States interests; and 17 (5) in order to achieve such strategic, oper- 18 ational, and tactical successes, such Foreign Service 19 officers should be embedded forward with Depart- 20 ment of Defense personnel to the fullest extent prac- 21 ticable. 22 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01042 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1043 HR 5515 PCS SEC. 1299K. INVESTIGATION TO DETERMINE IF COALITION 1 PARTNERS OR UNITED STATES MILITARY OR 2 INTELLIGENCE PERSONNEL VIOLATED FED- 3 ERAL LAW OR DEPARTMENT OF DEFENSE 4 POLICY WHILE CONDUCTING OPERATIONS IN 5 YEMEN. 6 (a) IN GENERAL.—The Secretary of Defense shall 7 conduct an investigation to determine if coalition partners 8 of the United States or members of the Armed Forces or 9 intelligence personnel violated Federal law, the laws of 10 armed conflict, or Department of Defense policy while con- 11 ducting operations in Yemen. 12 (b) MATTERS TO BE INCLUDED.—The investigation 13 required under subsection (a) shall also seek to determine 14 the following: 15 (1) Whether any Armed Forces or intelligence 16 personnel interrogated Yemeni citizens in prisons 17 within Yemen or provided questions to foreign per- 18 sonnel for use in such interrogations, and whether 19 such interrogations or actions were consistent with 20 United States law and policy. 21 (2) Whether any Armed Forces or intelligence 22 personnel violated the prohibitions of section 362 of 23 title 10, United States Code, while conducting oper- 24 ations in Yemen. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01043 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1044 HR 5515 PCS (3) Whether any United States coalition part- 1 ners committed gross violations of internationally 2 recognized human rights while conducting operations 3 in Yemen that would make such coalition partners 4 ineligible for any training, equipment, or other as- 5 sistance for a unit of a foreign security force under 6 section 362 of title 10, United States Code. 7 (4) Whether a waiver or exception has been 8 granted to United States coalition partners under 9 section 362 of title 10, United States Code, while 10 conducting operations in Yemen. 11 (c) REPORT.— 12 (1) IN GENERAL.—Not later than 120 days 13 after the date of the enactment of this Act, the Sec- 14 retary of Defense shall submit to the Committee on 15 Armed Services of the Senate and the Committee on 16 Armed Services of the House of Representatives a 17 report that contains the findings of the investigation 18 required under this section. 19 (2) FORM.—The report required under this sec- 20 tion shall be submitted in unclassified form, but may 21 contain a classified annex 22 (d) DEFINITIONS.—In this subsection: 23 (1) COALITION PARTNERS.—The term ‘‘coali- 24 tion partners’’ has the meaning given such term in 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01044 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1045 HR 5515 PCS paragraph (3) of section 948a of title 10, United 1 States Code. 2 (2) GROSS VIOLATIONS OF INTERNATIONALLY 3 RECOGNIZED HUMAN RIGHTS.—The term ‘‘gross vio- 4 lations of internationally recognized human rights’’ 5 has the meaning given such term in subsection 6 (d)(1) of section 502B of the Foreign Assistance Act 7 of 1961 (22 U.S.C. 2304). 8 SEC. 1299L. INCLUSION OF INFLUENCE OPERATIONS IN AN- 9 NUAL MILITARY REPORTS TO CONGRESS. 10 (a) IN GENERAL.—The Secretary of Defense shall 11 modify the Department of Defense’s respective annual re- 12 ports to Congress on the People’s Republic of China, the 13 Russian Federation, and Iran to include influence oper- 14 ations as a matter to be included in such reports. 15 (b) AMENDMENTS TO REPORTS.—(1) Section 16 1202(b)(14) of the National Defense Authorization Act 17 for Fiscal Year 2000 (Public Law 106–65; 10 U.S.C. 113 18 note) is amended by adding at the end before the period 19 the following: ‘‘, including a description of efforts to use 20 non-military tools, including diplomacy and political coer- 21 cion, information operations, and economic pressure to 22 gain influence in other countries and advance strategic ob- 23 jectives,’’. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01045 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1046 HR 5515 PCS (2) Section 1245(b)(1) of the National Defense Au- 1 thorization Act for Fiscal Year 2010 (Public Law 111– 2 84) is amended— 3 (A) in subparagraph (C), by striking ‘‘and’’ at 4 the end; 5 (B) in subparagraph (D), by striking the period 6 at the end and inserting ‘‘; and’’; and 7 (C) by adding at the end the following: 8 ‘‘(E) a description of efforts to use non- 9 military tools, including diplomacy and political 10 coercion, information operations, and economic 11 pressure to gain influence in other countries 12 and advance strategic objectives.’’. 13 (3) Section 1245(b) of the Carl Levin and Howard 14 P. ‘‘Buck’’ McKeon National Defense Authorization Act 15 for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 16 3566) is amended by adding at the end the following: 17 ‘‘(23) A description of efforts of Russia to use 18 non-military tools, including diplomacy and political 19 coercion, information operations, and economic pres- 20 sure to gain influence in other countries and ad- 21 vance strategic objectives.’’. 22 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01046 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1047 HR 5515 PCS SEC. 1299M. LIMITATION ON AVAILABILITY OF FUNDS TO 1 IMPLEMENT THE ARMS TRADE TREATY. 2 (a) IN GENERAL.—None of the funds authorized to 3 be appropriated by this Act or otherwise made available 4 for fiscal year 2019 for the Department of Defense may 5 be obligated or expended to fund a Secretariat or any 6 other international organization established to support the 7 implementation of the Arms Trade Treaty, to sustain do- 8 mestic prosecutions based on any charge related to the 9 Treaty, or to implement the Treaty until the Senate ap- 10 proves a resolution of ratification for the Treaty and im- 11 plementing legislation for the Treaty has been enacted into 12 law. 13 (b) RULE OF CONSTRUCTION.—Nothing in this sec- 14 tion shall be construed to preclude the Department of De- 15 fense from assisting foreign countries in bringing their 16 laws, regulations, and practices related to export control 17 up to United States standards. 18 SEC. 1299N. SECURITY COOPERATION WITH ERITREA. 19 Not later than 90 days after the date of the enact- 20 ment of this Act, the Secretary of Defense in consultation 21 with the Secretary of State, shall submit to the congres- 22 sional defense committees a report on the potential stra- 23 tegic benefits and risks of conducting security cooperation 24 with the Government of Eritrea, including benefits and 25 risks with respect to each of the following: 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01047 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1048 HR 5515 PCS (1) Counterterrorism efforts. 1 (2) The security situation in the Horn of Afri- 2 ca, the Red Sea region, and Yemen. 3 (3) Other national security priorities of the 4 United States. 5 Subtitle G—Matters Relating to 6 Burma 7 SEC. 1299O–1. LIMITATION ON SECURITY ASSISTANCE AND 8 SECURITY COOPERATION. 9 (a) LIMITATION ON MILITARY AND SECURITY SEC- 10 TOR COOPERATION.—Except as provided in subsection (b) 11 or subsection (e), for the 8-year period beginning on the 12 date of the enactment of this Act, the United States may 13 not provide security assistance or engage in security co- 14 operation with the military or security forces of Burma 15 until the date on which the Secretary of State certifies 16 to the appropriate congressional committees with respect 17 to security assistance, as such term is defined in section 18 502B(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 19 2304(d)), or, in consultation with the Secretary of De- 20 fense, with respect to security cooperation programs and 21 activities of the Department of Defense, as such term is 22 defined in section 301 of title 10, United States Code, as 23 applicable, that the military and security forces of Burma 24 have demonstrated significant progress in abiding by 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01048 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1049 HR 5515 PCS international human rights standards and are undertaking 1 meaningful and significant security sector reform, includ- 2 ing reforms that enhance transparency and accountability, 3 to prevent future abuses, such as— 4 (1) the Burmese military and security forces 5 adhere to international humanitarian law, dem- 6 onstrate significant progress in abiding by inter- 7 national standards for human rights, and pledge to 8 stop future human rights abuses; 9 (2) the Burmese military and security forces 10 support efforts to carry out meaningful and com- 11 prehensive investigations of alleged abuses and are 12 taking steps to hold accountable those members of 13 such military and security forces responsible for 14 human rights abuses; 15 (3) the Government of Burma, including the 16 military and security forces, allow immediate and 17 unfettered humanitarian access to communities in 18 areas affected by conflict, including Rohingya com- 19 munities in the State of Rakhine; 20 (4) the Government of Burma, including the 21 military and security forces, cooperates with the 22 United Nations High Commissioner for Refugees 23 and organizations affiliated with the United Nations 24 to ensure the protection of displaced persons and the 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01049 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1050 HR 5515 PCS safe, voluntary, and dignified return of refugees and 1 internally displaced persons; 2 (5) the Burmese military and security forces 3 cease their attacks against ethnic minority groups 4 and constructively participate in the conclusion of a 5 credible, nationwide ceasefire agreement, political ac- 6 commodation, and constitutional change, including 7 the restoration of the citizenship of the Rohingya; 8 (6) the Government of Burma, including the 9 military and security forces, defines a transparent 10 plan with a timeline for professionalizing the mili- 11 tary and security forces and includes a process by 12 which the military withdraws from private-sector 13 business enterprises and ceases involvement in the il- 14 legal trade in natural resources and narcotics; or 15 (7) the Government of Burma establishes effec- 16 tive civilian control over the finances of its military 17 and security forces, including by ensuring that the 18 military does not have access to off-budget income 19 and that military expenditures are subject to ade- 20 quate civilian oversight. 21 (b) EXCEPTIONS.— 22 (1) CERTAIN EXISTING AUTHORITIES.—The 23 Secretary of Defense shall retain the authority 24 granted by section 1253 of the Carl Levin and How- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01050 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1051 HR 5515 PCS ard P. ‘‘Buck’’ McKeon National Defense Authoriza- 1 tion Act for Fiscal Year 2015 (22 U.S.C. 2151 note) 2 and is authorized to provide the Government of 3 Burma with assistance necessary to make available 4 the activities described in subsection (a) of such sec- 5 tion. 6 (2) HOSPITALITY.—The Secretary of State and 7 the United States Agency for International Develop- 8 ment may provide assistance authorized under part 9 I of the Foreign Assistance Act of 1961 (22 U.S.C. 10 2151 et seq.) to provide hospitality during research, 11 dialogues, meetings, or other activities by the parties 12 attending the Union Peace Conference 21st Century 13 Panglong or related processes seeking inclusive, sus- 14 tainable reconciliation. 15 (c) MILITARY REFORM.—The certification required 16 under subsection (a) shall include a written justification 17 in unclassified form that may contain a classified annex 18 describing the Burmese military’s efforts to implement re- 19 forms, end impunity for human rights abuses, and in- 20 crease transparency and accountability. 21 (d) REPORT.— 22 (1) IN GENERAL.—Not later than 180 days 23 after the date of the enactment of this Act, and an- 24 nually thereafter, the Secretary of Defense and the 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01051 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1052 HR 5515 PCS Secretary of State shall submit to the appropriate 1 congressional committees a report, in unclassified 2 form with a classified annex, on the strategy and 3 plans for military-to-military engagement between 4 the United States Armed Forces and the military 5 and security forces of Burma. 6 (2) ELEMENTS.—The report required under 7 paragraph (1) shall include the following elements: 8 (A) A description and assessment of the 9 Government of Burma’s strategy for security 10 sector reform, including plans to withdraw the 11 military from owning or controlling private-sec- 12 tor business entities and end involvement in the 13 illicit trade in jade and other natural resources, 14 reforms to end corruption and illicit drug traf- 15 ficking, and constitutional reforms to ensure ci- 16 vilian control. 17 (B) A list of ongoing military activities 18 conducted by the United States Government 19 with the Government of Burma, and a descrip- 20 tion of the United States strategy for future 21 military-military engagements between the 22 United States and Burma’s military and secu- 23 rity forces, including the military of Burma, the 24 Burma Police Force, and armed ethnic groups. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01052 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1053 HR 5515 PCS (C) An assessment of the progress of the 1 military and security forces of Burma towards 2 developing a framework to implement human 3 right reforms, including— 4 (i) cooperation with civilian authori- 5 ties to investigate and prosecute cases of 6 serious, credible, or gross human rights 7 abuses; 8 (ii) steps taken to demonstrate respect 9 for and implementation of the laws of war; 10 and 11 (iii) a description of the elements of 12 the military-to-military engagement be- 13 tween the United States and Burma that 14 promote such implementation. 15 (D) An assessment of progress on the 16 peaceful settlement of armed conflicts between 17 the Government of Burma and ethnic minority 18 groups, including actions taken by the military 19 of Burma to adhere to cease-fire agreements, 20 allow for safe and voluntary returns of dis- 21 placed persons to their homes, and withdraw 22 forces from conflict zones. 23 (E) An assessment of the Burmese’s mili- 24 tary recruitment and use of children as soldiers. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01053 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1054 HR 5515 PCS (F) An assessment of the Burmese’s mili- 1 tary’s use of violence against women, sexual vio- 2 lence, or other gender-based violence as a tool 3 of terror, war, or ethnic cleansing. 4 (e) WAIVER.— 5 (1) IN GENERAL.—The Secretary of State, with 6 respect to security assistance, and the Secretary of 7 Defense in consultation with the Secretary of State, 8 with respect to security cooperation programs and 9 activities of the Department of Defense, may waive 10 on a case-by-case basis the application of the limita- 11 tion under subsection (a) if the Secretary submits to 12 the appropriate congressional committees, not later 13 than 30 days before such waiver enters into effect— 14 (A) a list of the activities and participants 15 to which such waiver would apply; 16 (B) a certification, including a justifica- 17 tion, that the waiver is in the national interest 18 of the United States; and 19 (C) a certification that none of the partici- 20 pants listed pursuant to subparagraph (A) have 21 committed any of the acts described in section 22 12l2(a)(1)(A) or 12l2(a)(1)(B) or com- 23 mitted any other gross violation of human 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01054 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1055 HR 5515 PCS rights, as such term is defined for purposes of 1 section 362 of title 10, United States Code. 2 SEC. 1299O–2. IMPOSITION OF SANCTIONS WITH RESPECT 3 TO CERTAIN FOREIGN PERSONS. 4 (a) IN GENERAL.—For the 8-year period beginning 5 on the date that is 270 days after the date of the enact- 6 ment of this Act, the President shall impose the sanctions 7 described in subsection (b) with respect to each foreign 8 person that the President determines— 9 (1) is a current or former senior official of the 10 military or security forces of Burma who know- 11 ingly— 12 (A) perpetrated or is responsible for order- 13 ing or otherwise directing serious human rights 14 abuses in Burma; or 15 (B) has taken significant steps to impede 16 investigations or prosecutions of serious human 17 rights abuses allegedly committed by one or 18 more subordinates of such official, including 19 against the Rohingya community in the state of 20 Rakhine; 21 (2) is an entity owned or controlled by any per- 22 son described in paragraph (1); 23 (3) has knowingly provided or received signifi- 24 cant financial, material, or technological support to 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01055 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1056 HR 5515 PCS or from a foreign person, including the immediate 1 family members of such person, described in para- 2 graph (1) for any of the acts described in subpara- 3 graph (A) or (B) of such paragraph. 4 (b) SANCTIONS.—The sanctions described in this sec- 5 tion are the following: 6 (1) ASSET BLOCKING.—Notwithstanding the re- 7 quirements of section 202 of the International 8 Emergency Economic Powers Act (50 U.S.C. 1701), 9 the exercise of all powers granted to the President 10 by such Act to the extent necessary to block and 11 prohibit all transactions in all property and interests 12 in property of a person the President determines 13 meets one or more of the criteria described in sub- 14 section (a) if such property and interests in property 15 are in the United States, come within the United 16 States, or are or come within the possession or con- 17 trol of a United States person. 18 (2) ALIENS INELIGIBLE FOR VISAS, ADMISSION, 19 OR PAROLE.— 20 (A) VISAS, ADMISSION, OR PAROLE.—An 21 alien who the Secretary of State or the Sec- 22 retary of Homeland Security (or a designee of 23 one of such Secretaries) knows, or has reason 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01056 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1057 HR 5515 PCS to believe, meets any of the criteria described in 1 subsection (a) is— 2 (i) inadmissible to the United States; 3 (ii) ineligible to receive a visa or other 4 documentation to enter the United States; 5 and 6 (iii) otherwise ineligible to be admitted 7 or paroled into the United States or to re- 8 ceive any other benefit under the Immigra- 9 tion and Nationality Act (8 U.S.C. 1101 et 10 seq.). 11 (B) CURRENT VISAS REVOKED.— 12 (i) IN GENERAL.—The issuing con- 13 sular officer, the Secretary of State, or the 14 Secretary of Homeland Security (or a des- 15 ignee of one of such Secretaries) shall re- 16 voke any visa or other entry documentation 17 issued to an alien who meets any of the 18 criteria described in subsection (a) regard- 19 less of when issued. 20 (ii) EFFECT OF REVOCATION.—A rev- 21 ocation under clause (i)— 22 (I) shall take effect immediately; 23 and 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01057 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1058 HR 5515 PCS (II) shall automatically cancel 1 any other valid visa or entry docu- 2 mentation that is in the alien’s pos- 3 session. 4 (3) EXCEPTION TO COMPLY WITH UNITED NA- 5 TIONS HEADQUARTERS AGREEMENT.—Sanctions 6 under paragraph (2) shall not apply to an alien if 7 admitting the alien into the United States is nec- 8 essary to permit the United States to comply with 9 the Agreement regarding the Headquarters of the 10 United Nations, signed at Lake Success June 26, 11 1947, and entered into force November 21, 1947, 12 between the United Nations and the United States, 13 or other applicable international obligations. 14 (4) EXCEPTION WITH RESPECT TO THE IMPOR- 15 TATION OF GOODS.—The authorities and require- 16 ments to impose sanctions under this section shall 17 not include any authority or requirement to impose 18 sanctions with respect to the importation of goods, 19 as such term is defined in section 16 of the Export 20 Administration Act of 1979 (50 U.S.C. 4618) (as 21 continued in effect pursuant to the International 22 Emergency Economic Powers Act (50 U.S.C. 1701 23 et seq.)). 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01058 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1059 HR 5515 PCS (c) PENALTIES.—Any person that violates, attempts 1 to violate, conspires to violate, or causes a violation of this 2 section or any regulation, license, or order issued to carry 3 out subsection (b) shall be subject to the penalties set 4 forth in subsections (b) and (c) of section 206 of the Inter- 5 national Emergency Economic Powers Act (50 U.S.C. 6 1705) to the same extent as a person that commits an 7 unlawful act described in subsection (a) of that section. 8 (d) IMPLEMENTATION.—The President may exercise 9 the authorities provided under section 203 and 205 of the 10 International Emergency Economic Powers Act (50 11 U.S.C. 1702 and 1704) to carry out this section. 12 (e) WAIVER.— 13 (1) IN GENERAL.—The President may annually 14 waive the application of sanctions required by sub- 15 section (a) with respect to a person if the Presi- 16 dent— 17 (A) determines that such waiver is in the 18 national interest of the United States; and 19 (B) not later than the date on which such 20 waiver will take effect, submits to the congres- 21 sional committees listed in paragraph (2) a no- 22 tice of and justification for such waiver. 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01059 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1060 HR 5515 PCS (2) CONGRESSIONAL COMMITTEES LISTED.— 1 The congressional committees listed in this para- 2 graph are the following: 3 (A) The Committee on Foreign Affairs, the 4 Committee on Appropriations, and the Com- 5 mittee on Financial Services of the House of 6 Representatives. 7 (B) The Committee on Foreign Relations, 8 the Committee on Appropriations, and the 9 Committee on Banking, Housing, and Urban 10 Affairs of the Senate. 11 (f) DEFINITIONS.—In this section: 12 (1) ADMITTED; ALIEN.—The terms ‘‘admitted’’ 13 and ‘‘alien’’ have the meanings given those terms in 14 section 101 of the Immigration and Nationality Act 15 (8 U.S.C. 1001). 16 (2) FOREIGN PERSON.—The term ‘‘foreign per- 17 son’’ means a person that is not a United States 18 person. 19 (3) KNOWINGLY.—The term ‘‘knowingly’’ 20 means, with respect to conduct, a circumstance, or 21 a result, means that a person has actual knowledge, 22 or should have known, of the conduct, the cir- 23 cumstance, or the result. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01060 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1061 HR 5515 PCS (4) UNITED STATES PERSON.—The term 1 ‘‘United States person’’ means— 2 (A) a United States citizen, an alien law- 3 fully admitted for permanent residence to the 4 United States, or any other individual subject 5 to the jurisdiction of the United States; or 6 (B) an entity organized under the laws of 7 the United States or of any jurisdiction within 8 the United States, including a foreign branch of 9 such entity. 10 SEC. 1299O–3. RESPONSIBILITY AND TRANSPARENCY IN 11 THE MINING SECTOR. 12 (a) LIST OF PARTICIPATING ENTITIES.— 13 (1) IN GENERAL.—Not later than 120 days 14 after the date of the enactment of this Act, and not 15 less than annually thereafter until the date described 16 in subsection (e), the Secretary of State shall submit 17 to the appropriate congressional committees a list of 18 the entities described in each of subparagraphs (A) 19 and (B) of paragraph (2) that— 20 (A) participate in Burma’s mining sector; 21 (B) meet the criterion described in sub- 22 section (b)(1); and 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01061 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1062 HR 5515 PCS (C) meet or have made significant progress 1 towards meeting the criteria in subsections 2 (b)(2) through (b)(5). 3 (2) ENTITIES DESCRIBED.—The entities de- 4 scribed in this paragraph are the following: 5 (A) Entities that produce or process pre- 6 cious and semiprecious gemstones. 7 (B) Entities that sell or export precious 8 and semiprecious gemstones from Burma or ar- 9 ticles of jewelry containing such gemstones. 10 (b) CRITERIA DESCRIBED.—The criteria described in 11 this subsection are the following with respect to an entity: 12 (1) The entity publicly discloses beneficial own- 13 ership, as such term is defined for purposes of the 14 Myanmar Extractive Industry Transparency Initia- 15 tive (Myanmar EITI), and the entity is not owned 16 or controlled, either directly or indirectly, by the 17 Burmese military or security forces, any current or 18 former senior Burmese military officer, or any per- 19 son sanctioned by the United States pursuant to any 20 relevant sanctions authority. 21 (2) The entity publicly discloses any politically 22 exposed persons, as defined by the Myanmar EITI, 23 who are beneficial owners, as defined under the 24 Myanmar EITI. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01062 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1063 HR 5515 PCS (3) The entity publicly discloses valid authoriza- 1 tion, license, or permit to produce, process, sell, or 2 export minerals or gemstones, as applicable. 3 (4) The entity publicly discloses payments to 4 the Government of Burma, including tax and non- 5 tax, license, or royalty payments, and other pay- 6 ments or contract terms as may be required under 7 Myanmar Extractive Industry Transparency Initia- 8 tive standards. 9 (5) The entity undertakes robust due diligence, 10 in line with the OECD Due Diligence Guidance for 11 Responsible Supply Chains of Minerals from Con- 12 flict-Affected and High-Risk Areas, including public 13 reporting. 14 (c) PUBLICATION OF LIST.—The Secretary of State 15 shall publish the list under subsection (a) and shall peri- 16 odically update such list as appropriate. 17 (d) GUIDANCE.—The Secretary of State shall issue 18 guidance to relevant companies regarding supply-chain 19 due diligence best practices applicable to importation of 20 gemstones or minerals that may be of Burmese origin or 21 articles of jewelry containing such gemstones to mitigate 22 the potential risks associated with the importation of such 23 items. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01063 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1064 HR 5515 PCS (e) TERMINATION.—The requirement under sub- 1 section (a) shall terminate on the date on which the Presi- 2 dent certifies to the appropriate congressional committees 3 that the Government of Burma has taken substantial 4 measures to reform the mining sector in Burma, including 5 the following: 6 (1) Requiring the mandatory disclosure of pay- 7 ments, permit and license allocations, project reve- 8 nues, relevant contract terms, and beneficial owner- 9 ship, including identifying any politically exposed 10 persons who are beneficial owners, consistent with 11 the approach agreed under the Myanmar EITI and 12 with due regard for civil society participation. 13 (2) Separating the commercial, regulatory, and 14 revenue collection responsibilities within the 15 Myanmar Gems Enterprise and other key state- 16 owned enterprises to remove existing conflicts of in- 17 terest. 18 (3) Monitoring and undertaking enforcement 19 actions, as warranted, to ensure that entities fully 20 adhere to environmental and social impact assess- 21 ment and management standards in accordance with 22 international responsible mining practices, the coun- 23 try’s environmental conservation law and other ap- 24 plicable laws and regulations, and that they uphold 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01064 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1065 HR 5515 PCS occupational health and safety standards and codes 1 of conduct that are aligned with the core labor 2 standards of the International Labour Organisation 3 and domestic law. 4 (4) Actively seeking a comprehensive peace 5 agreement that addresses the transparent and fair 6 distribution of benefits from natural resources, in- 7 cluding local benefit-sharing, taking into consider- 8 ation proposals on fiscal federalism for new govern- 9 ance arrangements in resource-rich regions. 10 (5) Implementing on a timely basis policy re- 11 forms aligned with the recommendations of the 12 multi-stakeholder Jade and Gemstone Support Com- 13 mittee and reporting regularly on such reforms. 14 (6) Reforming the process for valuation of 15 gemstones at the mine-site, including developing an 16 independent valuation system to prevent undervalu- 17 ation and tax evasion. 18 (7) Requiring companies bidding for jade and 19 ruby permits to be independently audited upon the 20 request of Myanmar Gems Enterprise or the Min- 21 ister of Natural Resources and Environmental Con- 22 servation, and making the results of all such audits 23 public. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01065 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1066 HR 5515 PCS (8) Establishing a credible and transparent per- 1 mitting process that closely scrutinizes applicants, 2 including based on past performance, and prevents 3 unscrupulous entities from gaining authorized access 4 to concessions or the right to trade in minerals or 5 gemstones. 6 (9) Establishing effective oversight of state- 7 owned enterprises operating in such sector, including 8 through parliamentary oversight or requirements for 9 independent financial auditing. 10 SEC. 1299O–4. DETERMINATION AND REPORT ON ACCOUNT- 11 ABILITY FOR ETHNIC CLEANSING, CRIMES 12 AGAINST HUMANITY, AND GENOCIDE IN 13 BURMA. 14 (a) IN GENERAL.—Not later than 180 days after the 15 date of the enactment of this Act, the Secretary of State 16 shall submit to the appropriate congressional committees 17 a report that— 18 (1) describes— 19 (A) allegations of ethnic cleansing, crimes 20 against humanity, and genocide in Burma; and 21 (B) potential transitional justice mecha- 22 nisms in Burma; and 23 (2) includes a determination whether the events 24 that took place in the state of Rakhine in Burma, 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01066 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1067 HR 5515 PCS starting on August 25, 2017, constitute ethnic 1 cleansing, crimes against humanity, or genocide. 2 (b) ELEMENTS.—The report required under sub- 3 section (a) shall include— 4 (1) a description of— 5 (A) incidents that may constitute ethnic 6 cleansing, crimes against humanity, or genocide 7 committed by the Burmese military against the 8 Rohingya minority and the identities of any 9 other actors involved in such incidents; 10 (B) the role of the civilian government in 11 the commission of such incidents; 12 (C) incidents that may constitute ethnic 13 cleansing, crimes against humanity, or genocide 14 committed by violent extremist groups or anti- 15 government forces; 16 (D) incidents that may violate the principle 17 of medical neutrality and, to the extent possible, 18 the identities of any individuals who engaged in 19 or organized such incidents; and 20 (E) to the extent possible, a description of 21 the conventional and unconventional weapons 22 used for such crimes and the sources of such 23 weapons; 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01067 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1068 HR 5515 PCS (2) a description and assessment by the Depart- 1 ment of State, the United States Agency for Inter- 2 national Development, the Department of Justice, 3 and other appropriate Federal departments and 4 agencies of programs that the United States has al- 5 ready undertaken or is planning to undertake to en- 6 sure accountability for ethnic cleansing, crimes 7 against humanity, and genocide perpetrated against 8 the Rohingya by the military and security forces of 9 Burma, the state government of Rakhine, Buddhist 10 militias, and all other armed groups fighting in 11 Rakhine, including programs to— 12 (A) train civilian investigators within and 13 outside of Burma and Bangladesh on how to 14 document, investigate, develop findings of, and 15 identify and locate alleged perpetrators of eth- 16 nic cleansing, crimes against humanity, or 17 genocide in Burma; 18 (B) promote and prepare for a transitional 19 justice process or processes for the perpetrators 20 of ethnic cleansing, crimes against humanity, 21 and genocide occurring in the State of Rakhine 22 in 2017; and 23 (C) document, collect, preserve, and pro- 24 tect evidence of ethnic cleansing, crimes against 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01068 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1069 HR 5515 PCS humanity, and genocide in Burma, including by 1 providing support for Burmese, Bangladeshi, 2 foreign, and international nongovernmental or- 3 ganizations, the United Nations Human Rights 4 Council’s investigative team, and other entities 5 engaged in such investigative activities; and 6 (3) a detailed study of the feasibility and desir- 7 ability of potential transitional justice mechanisms 8 for Burma, including a hybrid tribunal, to address 9 ethnic cleansing, crimes against humanity, and geno- 10 cide perpetrated in Burma, including recommenda- 11 tions on which transitional justice mechanisms the 12 United States should support, why such mechanisms 13 should be supported, and what type of support 14 should be offered. 15 (c) PROTECTION OF WITNESSES AND EVIDENCE.— 16 The Secretary of State shall take due care to ensure that 17 the identification of witnesses and physical evidence are 18 not publicly disclosed in a manner that might place such 19 persons at risk of harm or encourage the destruction of 20 evidence by the Government of Burma. 21 (d) AUTHORIZATION TO PROVIDE TECHNICAL AS- 22 SISTANCE.— 23 (1) IN GENERAL.—The Secretary of State is 24 authorized to provide assistance to support appro- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01069 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1070 HR 5515 PCS priate entities that are undertaking the efforts de- 1 scribed in paragraph (2) with respect to ethnic 2 cleansing, crimes against humanity, and genocide 3 perpetrated by the military and security forces of 4 Burma, the state government of Rakhine, Buddhist 5 militias, and all other armed groups fighting in 6 Rakhine State. 7 (2) EFFORTS AGAINST HUMAN RIGHTS 8 ABUSES.—The efforts described in this paragraph 9 are the following: 10 (A) Identifying suspected perpetrators of 11 ethnic cleansing, crimes against humanity, and 12 genocide. 13 (B) Collecting, documenting, and pro- 14 tecting evidence of such crimes and preserve the 15 chain of custody for such evidence. 16 (C) Conducting criminal investigations. 17 (D) Supporting investigations conducted 18 by other countries, as appropriate. 19 (3) ADDITIONAL SUPPORT.—The Secretary of 20 State, taking into account any relevant findings in 21 the report required by subsection (a), is authorized 22 to support the creation and operation of transitional 23 justice mechanisms, including a potential hybrid tri- 24 bunal, to prosecute individuals suspected of commit- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01070 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1071 HR 5515 PCS ting ethnic cleansing, crimes against humanity, or 1 genocide in Burma. 2 SEC. 1299O–5. APPROPRIATE CONGRESSIONAL COMMIT- 3 TEES. 4 In this subtitle, the term ‘‘appropriate congressional 5 committees’’ means— 6 (1) the Committee on Armed Services and the 7 Committee on Foreign Relations of the Senate; and 8 (2) the Committee on Armed Services and the 9 Committee on Foreign Affairs of the House of Rep- 10 resentatives. 11 TITLE XIII—COOPERATIVE 12 THREAT REDUCTION 13 SEC. 1301. FUNDING ALLOCATIONS. 14 Of the $335,240,000 authorized to be appropriated 15 to the Department of Defense for fiscal year 2019 in sec- 16 tion 301 and made available by the funding table in divi- 17 sion G for the Department of Defense Cooperative Threat 18 Reduction Program established under section 1321 of the 19 Department of Defense Cooperative Threat Reduction Act 20 (50 U.S.C. 3711), the following amounts may be obligated 21 for the purposes specified: 22 (1) For strategic offensive arms elimination, 23 $2,823,000. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01071 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1072 HR 5515 PCS (2) For chemical weapons destruction, 1 $5,446,000. 2 (3) For global nuclear security, $29,001,000. 3 (4) For cooperative biological engagement, 4 $197,585,000. 5 (5) For proliferation prevention, $74,937,000. 6 (6) For activities designated as Other Assess- 7 ments/Administrative Costs, $25,448,000. 8 SEC. 1302. SPECIFICATION OF COOPERATIVE THREAT RE- 9 DUCTION FUNDS. 10 Funds appropriated pursuant to the authorization of 11 appropriations in section 301 and made available by the 12 funding table in division G for the Department of Defense 13 Cooperative Threat Reduction Program shall be available 14 for obligation for fiscal years 2019, 2020, and 2021. 15 TITLE XIV—OTHER 16 AUTHORIZATIONS 17 Subtitle A—Military Programs 18 SEC. 1401. WORKING CAPITAL FUNDS. 19 Funds are hereby authorized to be appropriated for 20 fiscal year 2019 for the use of the Armed Forces and other 21 activities and agencies of the Department of Defense for 22 providing capital for working capital and revolving funds, 23 as specified in the funding table in section 7501. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01072 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1073 HR 5515 PCS SEC. 1402. CHEMICAL AGENTS AND MUNITIONS DESTRUC- 1 TION, DEFENSE. 2 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 3 are hereby authorized to be appropriated for the Depart- 4 ment of Defense for fiscal year 2019 for expenses, not oth- 5 erwise provided for, for Chemical Agents and Munitions 6 Destruction, Defense, as specified in the funding table in 7 section 7501. 8 (b) USE.—Amounts authorized to be appropriated 9 under subsection (a) are authorized for— 10 (1) the destruction of lethal chemical agents 11 and munitions in accordance with section 1412 of 12 the Department of Defense Authorization Act, 1986 13 (50 U.S.C. 1521); and 14 (2) the destruction of chemical warfare materiel 15 of the United States that is not covered by section 16 1412 of such Act. 17 SEC. 1403. DRUG INTERDICTION AND COUNTER-DRUG AC- 18 TIVITIES, DEFENSE-WIDE. 19 Funds are hereby authorized to be appropriated for 20 the Department of Defense for fiscal year 2019 for ex- 21 penses, not otherwise provided for, for Drug Interdiction 22 and Counter-Drug Activities, Defense-wide, as specified in 23 the funding table in section 7501. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01073 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1074 HR 5515 PCS SEC. 1404. DEFENSE INSPECTOR GENERAL. 1 Funds are hereby authorized to be appropriated for 2 the Department of Defense for fiscal year 2019 for ex- 3 penses, not otherwise provided for, for the Office of the 4 Inspector General of the Department of Defense, as speci- 5 fied in the funding table in section 7501. 6 SEC. 1405. DEFENSE HEALTH PROGRAM. 7 Funds are hereby authorized to be appropriated for 8 fiscal year 2019 for the Defense Health Program for use 9 of the Armed Forces and other activities and agencies of 10 the Department of Defense for providing for the health 11 of eligible beneficiaries, as specified in the funding table 12 in section 7501. 13 SEC. 1406. NATIONAL DEFENSE SEALIFT FUND. 14 Funds are hereby authorized to be appropriated for 15 fiscal year 2019 for the National Defense Sealift Fund, 16 as specified in the funding tables in section 7501. 17 Subtitle B—Other Matters 18 SEC. 1411. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT 19 DEPARTMENT OF DEFENSE-DEPARTMENT OF 20 VETERANS AFFAIRS MEDICAL FACILITY DEM- 21 ONSTRATION FUND FOR CAPTAIN JAMES A. 22 LOVELL HEALTH CARE CENTER, ILLINOIS. 23 (a) AUTHORITY FOR TRANSFER OF FUNDS.—Of the 24 funds authorized to be appropriated by section 1405 and 25 available for the Defense Health Program for operation 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01074 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1075 HR 5515 PCS and maintenance, $113,000,000 may be transferred by the 1 Secretary of Defense to the Joint Department of Defense– 2 Department of Veterans Affairs Medical Facility Dem- 3 onstration Fund established by subsection (a)(1) of sec- 4 tion 1704 of the National Defense Authorization Act for 5 Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2571). 6 For purposes of subsection (a)(2) of such section 1704, 7 any funds so transferred shall be treated as amounts au- 8 thorized and appropriated specifically for the purpose of 9 such a transfer. 10 (b) USE OF TRANSFERRED FUNDS.—For the pur- 11 poses of subsection (b) of such section 1704, facility oper- 12 ations for which funds transferred under subsection (a) 13 may be used are operations of the Captain James A. 14 Lovell Federal Health Care Center, consisting of the 15 North Chicago Veterans Affairs Medical Center, the Navy 16 Ambulatory Care Center, and supporting facilities des- 17 ignated as a combined Federal medical facility under an 18 operational agreement covered by section 706 of the Dun- 19 can Hunter National Defense Authorization Act for Fiscal 20 Year 2009 (Public Law 110–417; 122 Stat. 4500). 21 SEC. 1412. AUTHORIZATION OF APPROPRIATIONS FOR 22 ARMED FORCES RETIREMENT HOME. 23 There is hereby authorized to be appropriated for fis- 24 cal year 2019 from the Armed Forces Retirement Home 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01075 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1076 HR 5515 PCS Trust Fund the sum of $64,300,000 for the operation of 1 the Armed Forces Retirement Home. 2 SEC. 1413. QUARTERLY BRIEFING ON PROGRESS OF CHEM- 3 ICAL DEMILITARIZATION PROGRAM. 4 Section 1412(j) of the Department of Defense Au- 5 thorization Act, 1986 (50 U.S.C. 1521(j)) is amended— 6 (1) in the heading, by striking ‘‘Semiannual Re- 7 ports’’ and inserting ‘‘QUARTERLY BRIEFING’’; 8 (2) in paragraph (1)— 9 (A) by striking ‘‘March 1’’ and all that fol- 10 lows through ‘‘the year in which’’ and inserting 11 ‘‘90 days after the date of the enactment of the 12 National Defense Authorization Act for Fiscal 13 Year 2019, and every 90 days thereafter until’’; 14 (B) by striking ‘‘submit to’’ and inserting 15 ‘‘brief’’; 16 (C) by striking ‘‘a report on the implemen- 17 tation’’ and inserting ‘‘on the progress made’’; 18 and 19 (D) by striking ‘‘of its chemical weapons 20 destruction obligations’’ and inserting ‘‘toward 21 fulfilling its chemical weapons destruction obli- 22 gations’’; and 23 (3) by striking paragraph (2) and inserting the 24 following: 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01076 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1077 HR 5515 PCS ‘‘(2) Each briefing under paragraph (1) shall 1 include a description of contractor costs and per- 2 formance relative to schedule, the progress to date 3 toward the complete destruction of the stockpile, and 4 any other information the Secretary determines to 5 be relevant.’’. 6 TITLE XV—AUTHORIZATION OF 7 ADDITIONAL APPROPRIA- 8 TIONS FOR OVERSEAS CON- 9 TINGENCY OPERATIONS 10 Subtitle A—Authorization of 11 Appropriations 12 SEC. 1501. PURPOSE OF CERTAIN AUTHORIZATIONS OF AP- 13 PROPRIATIONS. 14 The purpose of this subtitle is to authorize appropria- 15 tions for the Department of Defense for fiscal year 2019 16 to provide additional funds for overseas contingency oper- 17 ations being carried out by the Armed Forces. 18 SEC. 1502. PROCUREMENT. 19 Funds are hereby authorized to be appropriated for 20 fiscal year 2019 for procurement accounts for the Army, 21 the Navy and the Marine Corps, the Air Force, and De- 22 fense-wide activities, as specified in the funding table in 23 section 7102. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01077 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1078 HR 5515 PCS SEC. 1503. RESEARCH, DEVELOPMENT, TEST, AND EVALUA- 1 TION. 2 Funds are hereby authorized to be appropriated for 3 fiscal year 2019 for the use of the Department of Defense 4 for research, development, test, and evaluation, as speci- 5 fied in the funding table in section 7202. 6 SEC. 1504. OPERATION AND MAINTENANCE. 7 Funds are hereby authorized to be appropriated for 8 fiscal year 2019 for the use of the Armed Forces and other 9 activities and agencies of the Department of Defense for 10 expenses, not otherwise provided for, for operation and 11 maintenance, as specified in the funding table in section 12 7302. 13 SEC. 1505. MILITARY PERSONNEL. 14 Funds are hereby 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 military per- 18 sonnel, as specified in the funding table in section 7402. 19 SEC. 1506. WORKING CAPITAL FUNDS. 20 Funds are hereby authorized to be appropriated for 21 fiscal year 2019 for the use of the Armed Forces and other 22 activities and agencies of the Department of Defense for 23 providing capital for working capital and revolving funds, 24 as specified in the funding table in section 7502. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01078 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1079 HR 5515 PCS SEC. 1507. DRUG INTERDICTION AND COUNTER-DRUG AC- 1 TIVITIES, DEFENSE-WIDE. 2 Funds are hereby authorized to be appropriated for 3 the Department of Defense for fiscal year 2019 for ex- 4 penses, not otherwise provided for, for Drug Interdiction 5 and Counter-Drug Activities, Defense-wide, as specified in 6 the funding table in section 7502. 7 SEC. 1508. DEFENSE INSPECTOR GENERAL. 8 Funds are hereby authorized to be appropriated for 9 the Department of Defense for fiscal year 2019 for ex- 10 penses, not otherwise provided for, for the Office of the 11 Inspector General of the Department of Defense, as speci- 12 fied in the funding table in section 7502. 13 SEC. 1509. DEFENSE HEALTH PROGRAM. 14 Funds are hereby authorized to be appropriated for 15 the Department of Defense for fiscal year 2019 for ex- 16 penses, not otherwise provided for, for the Defense Health 17 Program, as specified in the funding table in section 7502. 18 Subtitle B—Financial Matters 19 SEC. 1511. TREATMENT AS ADDITIONAL AUTHORIZATIONS. 20 The amounts authorized to be appropriated by this 21 title are in addition to amounts otherwise authorized to 22 be appropriated by this Act. 23 SEC. 1512. SPECIAL TRANSFER AUTHORITY. 24 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01079 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1080 HR 5515 PCS (1) AUTHORITY.—Upon determination by the 1 Secretary of Defense that such action is necessary in 2 the national interest, the Secretary may transfer 3 amounts of authorizations made available to the De- 4 partment of Defense in this title for fiscal year 2019 5 between any such authorizations for that fiscal year 6 (or any subdivisions thereof). Amounts of authoriza- 7 tions so transferred shall be merged with and be 8 available for the same purposes as the authorization 9 to which transferred. 10 (2) LIMITATION.—The total amount of author- 11 izations that the Secretary may transfer under the 12 authority of this subsection may not exceed 13 $4,500,000,000. 14 (b) TERMS AND CONDITIONS.—Transfers under this 15 section shall be subject to the same terms and conditions 16 as transfers under section 1001. 17 (c) ADDITIONAL AUTHORITY.—The transfer author- 18 ity provided by this section is in addition to the transfer 19 authority provided under section 1001. 20 Subtitle C—Limitations, Reports, 21 and Other Matters 22 SEC. 1521. AFGHANISTAN SECURITY FORCES FUND. 23 (a) CONTINUATION OF PRIOR AUTHORITIES AND NO- 24 TICE AND REPORTING REQUIREMENTS.—Funds available 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01080 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1081 HR 5515 PCS to the Department of Defense for the Afghanistan Secu- 1 rity Forces Fund for fiscal year 2019 shall be subject to 2 the conditions contained in subsections (b) through (g) of 3 section 1513 of the National Defense Authorization Act 4 for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 5 428), as amended by section 1531(b) of the Ike Skelton 6 National Defense Authorization Act for Fiscal Year 2011 7 (Public Law 111–383; 124 Stat. 4424). 8 (b) EQUIPMENT DISPOSITION.— 9 (1) ACCEPTANCE OF CERTAIN EQUIPMENT.— 10 Subject to paragraph (2), the Secretary of Defense 11 may accept equipment that is procured using 12 amounts in the Afghanistan Security Forces Fund 13 authorized under this Act and is intended for trans- 14 fer to the security forces of Afghanistan, but is not 15 accepted by such security forces. 16 (2) CONDITIONS ON ACCEPTANCE OF EQUIP- 17 MENT.—Before accepting any equipment under the 18 authority provided by paragraph (1), the Com- 19 mander of United States forces in Afghanistan shall 20 make a determination that the equipment was pro- 21 cured for the purpose of meeting requirements of the 22 security forces of Afghanistan, as agreed to by both 23 the Government of Afghanistan and the United 24 States, but is no longer required by such security 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01081 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1082 HR 5515 PCS forces or was damaged before transfer to such secu- 1 rity forces. 2 (3) ELEMENTS OF DETERMINATION.—In mak- 3 ing a determination under paragraph (2) regarding 4 equipment, the Commander of United States forces 5 in Afghanistan shall consider alternatives to Sec- 6 retary of Defense acceptance of the equipment. An 7 explanation of each determination, including the 8 basis for the determination and the alternatives con- 9 sidered, shall be included in the relevant quarterly 10 report required under paragraph (5). 11 (4) TREATMENT AS DEPARTMENT OF DEFENSE 12 STOCKS.—Equipment accepted under the authority 13 provided by paragraph (1) may be treated as stocks 14 of the Department of Defense upon notification to 15 the congressional defense committees of such treat- 16 ment. 17 (5) QUARTERLY REPORTS ON EQUIPMENT DIS- 18 POSITION.— 19 (A) IN GENERAL.—Not later than 90 days 20 after the date of the enactment of this Act and 21 every 90-day period thereafter during which the 22 authority provided by paragraph (1) is exer- 23 cised, the Secretary of Defense shall submit to 24 the congressional defense committees a report 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01082 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1083 HR 5515 PCS describing the equipment accepted during the 1 period covered by such report under the fol- 2 lowing: 3 (i) This subsection. 4 (ii) Section 1521(b) of the National 5 Defense Authorization Act for Fiscal Year 6 2018 (Public Law 115–91; 131 Stat. 7 1711). 8 (iii) Section 1521(b) of the National 9 Defense Authorization Act for Fiscal Year 10 2017 (Public Law 114–328; 130 Stat. 11 2575). 12 (iv) Section 1531(b) of the National 13 Defense Authorization Act for Fiscal Year 14 2016 (Public Law 114–92; 129 Stat. 15 1088). 16 (v) Section 1532(b) of the Carl Levin 17 and Howard P. ‘‘Buck’’ McKeon National 18 Defense Authorization Act for Fiscal Year 19 2015 (Public Law 113–291; 128 Stat. 20 3613). 21 (vi) Section 1531(d) of the National 22 Defense Authorization Act for Fiscal Year 23 2014 (Public Law 113–66; 127 Stat. 938; 24 10 U.S.C. 2302 note). 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01083 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1084 HR 5515 PCS (B) ELEMENTS.—Each report under sub- 1 paragraph (A) shall include a list of all equip- 2 ment that was accepted during the period cov- 3 ered by the report and treated as stocks of the 4 Department of Defense and copies of the deter- 5 minations made under paragraph (2), as re- 6 quired by paragraph (3). 7 (c) SECURITY OF AFGHAN WOMEN.— 8 (1) IN GENERAL.—Of the funds available to the 9 Department of Defense for the Afghanistan Security 10 Forces Fund for fiscal year 2019, it is the goal that 11 $18,000,000, but in no event less than $10,000,000, 12 shall be used for— 13 (A) the recruitment, integration, retention, 14 training, and treatment of women in the Af- 15 ghan National Defense and Security Forces; 16 and 17 (B) the recruitment, training, and con- 18 tracting of female security personnel for future 19 elections. 20 (2) TYPES OF PROGRAMS AND ACTIVITIES.— 21 Such programs and activities may include— 22 (A) efforts to recruit women into the Af- 23 ghan National Defense and Security Forces, in- 24 cluding the special operations forces; 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01084 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1085 HR 5515 PCS (B) programs and activities of the Afghan 1 Ministry of Defense Directorate of Human 2 Rights and Gender Integration and the Afghan 3 Ministry of Interior Office of Human Rights, 4 Gender and Child Rights; 5 (C) development and dissemination of gen- 6 der and human rights educational and training 7 materials and programs within the Afghan Min- 8 istry of Defense and the Afghan Ministry of In- 9 terior; 10 (D) efforts to address harassment and vio- 11 lence against women within the Afghan Na- 12 tional Defense and Security Forces; 13 (E) improvements to infrastructure that 14 address the requirements of women serving in 15 the Afghan National Defense and Security 16 Forces, including appropriate equipment for fe- 17 male security and police forces, and transpor- 18 tation for policewomen to their station; 19 (F) support for Afghanistan National Po- 20 lice Family Response Units; and 21 (G) security provisions for high-profile fe- 22 male police and army officers. 23 (d) ASSESSMENT OF AFGHANISTAN PROGRESS ON 24 SECURITY COOPERATION OBJECTIVES.— 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01085 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1086 HR 5515 PCS (1) ASSESSMENT REQUIRED.—Not later than 1 June 1, 2019, the Secretary of Defense shall, in con- 2 sultation with the Secretary of State, submit to the 3 Committee on Armed Services and the Committee on 4 Foreign Affairs of the House of Representatives and 5 the Committee on Armed Services and the Com- 6 mittee on Foreign Relations of the Senate an assess- 7 ment describing the efforts of the Government of the 8 Islamic Republic of Afghanistan to manage, employ, 9 and sustain the equipment and inventory provided 10 through the authority under subsection (a). In con- 11 ducting such assessment, the Secretary of Defense 12 shall consider each of the following: 13 (A) The ability of the Afghanistan Min- 14 istry of Defense and the Ministry of Interior to 15 manage and account for previously-divested 16 equipment, including a description of any 17 vulnerabilities or weaknesses of each such Min- 18 istry’s internal controls and any plan in place to 19 address shortfalls. 20 (B) A description of the monitoring and 21 evaluation systems in place to ensure assistance 22 provided through such authority is used only 23 for the intended purposes. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01086 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1087 HR 5515 PCS (C) Any irregularities in the divestment of 1 equipment to the Afghan National Defense and 2 Security Forces during the period beginning on 3 the date of the creation of the Afghanistan Se- 4 curity Forces Fund, including any major losses 5 of such equipment or any inability on the part 6 of the Afghan National Defense and Security 7 Forces to account for equipment so procured. 8 (D) A description of the sustainment and 9 maintenance costs required for major weapons 10 platforms previously divested, over the 5-year 11 period beginning on the date of the enactment 12 of this Act and a plan for how the Afghan Na- 13 tional Defense and Security Forces intends to 14 maintain such platforms in the future. 15 (E) An assessment of the distribution 16 practices of the Afghan National Defense and 17 Security Forces, including the manner in which 18 equipment received through the Afghanistan 19 Security Forces Fund is employed. 20 (F) The degree to which the Government 21 of Afghanistan is effectively implementing an 22 anti-corruption strategy. 23 (G) The extent to which the Government 24 of Afghanistan is adhering to conditions for re- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01087 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1088 HR 5515 PCS ceiving assistance established in annual finan- 1 cial commitment letters or any other bilateral 2 agreements with the United States. 3 (2) WITHHOLDING OF ASSISTANCE FOR INSUF- 4 FICIENT PROGRESS.— 5 (A) IN GENERAL.—If the Secretary of De- 6 fense determines, in consultation with the Sec- 7 retary of State and taking into consideration 8 the assessment under paragraph (1), that the 9 Government of Afghanistan has made insuffi- 10 cient progress toward maintaining and employ- 11 ing equipment provided by the United States, 12 the Secretary of Defense may withhold assist- 13 ance for the Afghan National Defense and Se- 14 curity Forces under this section until such time 15 as the Secretary determines sufficient progress 16 has been made. 17 (B) NOTICE TO CONGRESS.—The Sec- 18 retary of Defense shall, in coordination with the 19 Secretary of State, provide notice to Congress— 20 (i) not later than 30 days after mak- 21 ing a decision to withhold assistance pur- 22 suant to subparagraph (A); and 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01088 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1089 HR 5515 PCS (ii) not later than 30 days before re- 1 suming any such assistance pursuant to 2 such subparagraph. 3 SEC. 1522. JOINT IMPROVISED-THREAT DEFEAT FUND. 4 (a) USE AND TRANSFER OF FUNDS.—Subsections 5 (b) and (c) of section 1514 of the John Warner National 6 Defense Authorization Act for Fiscal Year 2007 (Public 7 Law 109–364; 120 Stat. 2439), as in effect before the 8 amendments made by section 1503 of the Duncan Hunter 9 National Defense Authorization Act for Fiscal Year 2009 10 (Public Law 110–417; 122 Stat. 4649), shall apply to the 11 funds made available for fiscal year 2019 to the Depart- 12 ment of Defense for the Joint Improvised-Threat Defeat 13 Fund. 14 (b) INTERDICTION OF IMPROVISED EXPLOSIVE DE- 15 VICE PRECURSOR CHEMICALS.— 16 (1) AVAILABILITY OF FUNDS.—Of the funds 17 made available to the Department of Defense for the 18 Joint Improvised-Threat Defeat Fund for fiscal year 19 2019, $15,000,000 may be available to the Secretary 20 of Defense, with the concurrence of the Secretary of 21 State, to provide training, equipment, supplies, and 22 services to ministries and other entities of foreign 23 governments that the Secretary has identified as 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01089 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1090 HR 5515 PCS critical for countering the flow of improvised explo- 1 sive device precursor chemicals. 2 (2) PROVISION THROUGH OTHER US AGEN- 3 CIES.—If jointly agreed upon by the Secretary of 4 Defense and the head of another department or 5 agency of the United States Government, the Sec- 6 retary of Defense may transfer funds available 7 under paragraph (1) to such department or agency 8 for the provision by such department or agency of 9 training, equipment, supplies, and services to min- 10 istries and other entities of foreign governments as 11 described in that paragraph. 12 (3) NOTICE TO CONGRESS.—None of the funds 13 made available pursuant to paragraph (1) may be 14 obligated or expended to supply training, equipment, 15 supplies, or services to a foreign country before the 16 date that is 15 days after the date on which the Sec- 17 retary of Defense, in coordination with the Secretary 18 of State, submits to the Committee on Armed Serv- 19 ices and the Committee on Foreign Relations of the 20 Senate and the Committee on Armed Services and 21 the Committee on Foreign Affairs of the House of 22 Representatives a notice that contains— 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01090 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1091 HR 5515 PCS (A) the foreign country for which training, 1 equipment, supplies, or services are proposed to 2 be supplied; 3 (B) a description of the training, equip- 4 ment, supplies, and services to be provided 5 using such funds; 6 (C) a detailed description of the amount of 7 funds proposed to be obligated or expended to 8 supply such training, equipment, supplies or 9 services, including any funds proposed to be ob- 10 ligated or expended to support the participation 11 of another department or agency of the United 12 States and a description of the training, equip- 13 ment, supplies, or services proposed to be sup- 14 plied; 15 (D) an evaluation of the effectiveness of 16 the efforts of the foreign country identified 17 under subparagraph (A) to counter the flow of 18 improvised explosive device precursor chemicals; 19 and 20 (E) an overall plan for countering the flow 21 of precursor chemicals in the foreign country 22 identified under subparagraph (A). 23 (4) EXPIRATION.—The authority provided by 24 this subsection expires on December 31, 2019. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01091 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1092 HR 5515 PCS (c) TRANSITION PLAN REQUIRED.—Not later than 1 March 1, 2019, the Secretary of Defense shall submit to 2 the Committees on Armed Services of the House of Rep- 3 resentatives and the Senate a plan to transition funding 4 for the Joint Improvised-Threat Defeat Fund from 5 amounts made available for overseas contingency oper- 6 ations to amounts otherwise made available for the pur- 7 poses of such Fund. 8 SEC. 1523. SEPARATE ACCOUNT LINES FOR OVERSEAS CON- 9 TINGENCY OPERATIONS FUNDS. 10 For accountability and transparency purposes, the 11 Director of the Office of Management and Budget and the 12 Secretary of Defense shall establish separate accounts to 13 ensure that amounts authorized to be appropriated pursu- 14 ant to this title are administered separately from amounts 15 otherwise authorized to be appropriated or made available 16 for the Department of Defense. 17 SEC. 1524. ENDURING COSTS FUNDED THROUGH OVERSEAS 18 CONTINGENCY OPERATIONS. 19 Beginning with the submission of the annual budget 20 for fiscal year 2020, and for each fiscal year thereafter, 21 the Secretary of Defense shall submit to Congress, as a 22 part of the documentation that supports the President’s 23 annual budget for the Department of Defense for such fis- 24 cal year (as submitted to Congress under section 1105 of 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01092 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1093 HR 5515 PCS title 31, United States Code), an estimate for the costs 1 of operations currently supported in part or in whole by 2 funding for overseas contingency operations that are likely 3 to continue beyond such contingency. The Secretary shall 4 ensure that each estimate is consistent with the rec- 5 ommendations included in the Government Accountability 6 Report entitled ‘‘Overseas Contingency Operations: OMB 7 and DOD Should Revise the Criteria for Determining Eli- 8 gible Costs and Identify the Costs Likely to Endure Long 9 Term’’ published January 18, 2017. 10 SEC. 1525. COMPTROLLER GENERAL REPORT ON USE OF 11 FUNDS PROVIDED BY OVERSEAS CONTIN- 12 GENCY OPERATIONS. 13 (a) REPORT.—Not later than 180 days after the date 14 of the enactment of this Act, the Comptroller General of 15 the United States shall submit to Congress a report on 16 how funds authorized to be appropriated for fiscal year 17 2018 for overseas contingency operations were obligated. 18 (b) FORM.—The report under subsection (a) shall be 19 submitted in unclassified form, but may include a classi- 20 fied annex. 21 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01093 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1094 HR 5515 PCS TITLE XVI—STRATEGIC PRO- 1 GRAMS, CYBER, AND INTEL- 2 LIGENCE MATTERS 3 Subtitle A—Space Activities 4 SEC. 1601. IMPROVEMENTS TO ACQUISITION SYSTEM, PER- 5 SONNEL, AND ORGANIZATION OF SPACE 6 FORCES. 7 (a) PLAN FOR ACQUISITION SYSTEM.— 8 (1) DEVELOPMENT.—The Deputy Secretary of 9 Defense shall develop a plan to establish a separate, 10 alternative acquisition system for defense space ac- 11 quisitions, including with respect to procuring space 12 vehicles, ground segments relating to such vehicles, 13 and satellite terminals. 14 (2) REQUIREMENTS PROCESS.—The plan devel- 15 oped under paragraph (1) shall include recommenda- 16 tions of the Deputy Secretary with respect to wheth- 17 er the separate, alternative acquisition system de- 18 scribed in the plan should use the Joint Capabilities 19 Integration and Development System process or in- 20 stead use a new requirements process developed by 21 the Deputy Secretary in a manner that ensures that 22 requirements for a program are synchronized across 23 the space vehicles, ground segments relating to such 24 vehicles, and satellite terminals, of the program. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01094 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1095 HR 5515 PCS (3) EXCEPTION.—The plan developed under 1 paragraph (1) shall cover defense space acquisitions 2 except with respect to the National Reconnaissance 3 Office and other elements of the Department of De- 4 fense that are elements of the intelligence commu- 5 nity (as defined in section 3 of the National Security 6 Act of 1947 (50 U.S.C. 3003)). 7 (4) SUBMISSION.—Not later than December 31, 8 2019, the Deputy Secretary shall submit to the con- 9 gressional defense committees a report containing 10 the plan developed under paragraph (1). 11 (b) CADRE DEVELOPMENT.— 12 (1) PLAN.— 13 (A) DEVELOPMENT.—The Secretary of the 14 Air Force shall develop and implement a plan 15 to increase the number and improve the quality 16 of the space cadre of the Air Force. 17 (B) MATTERS INCLUDED.—The plan devel- 18 oped under subparagraph (A) shall address the 19 following: 20 (i) Managing the career progression of 21 members of the Armed Forces and civilian 22 employees of the Department who form the 23 space cadre of the Air Force throughout 24 the military or civilian career of the mem- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01095 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1096 HR 5515 PCS ber or the employee, as the case may be, 1 including with respect to— 2 (I) defining career professional 3 milestones; 4 (II) pay and incentive structures; 5 (III) the management and over- 6 sight of the space cadre; 7 (IV) training relating to planning 8 and executing warfighting missions 9 and operations in space; 10 (V) conducting periodic cadre- 11 wide professional assessments to de- 12 termine how the cadre is developing 13 as a group; and 14 (VI) establishing a centralized 15 method to control personnel assign- 16 ments and distribution. 17 (ii) The identification of future space- 18 related career fields that the Secretary de- 19 termines appropriate, including a space ac- 20 quisition career field. 21 (iii) The identification of any overlap 22 that exists among operations and acquisi- 23 tions career fields to determine opportuni- 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01096 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1097 HR 5515 PCS ties for cross-functional career opportuni- 1 ties. 2 (C) SUBMISSION.—Not later than March 3 1, 2019, the Secretary shall submit to the con- 4 gressional defense committees a report con- 5 taining the plan developed under subparagraph 6 (A). 7 (2) NUMBERED AIR FORCE.— 8 (A) ESTABLISHMENT.—Not later than De- 9 cember 31, 2019, the Secretary of the Air 10 Force shall establish as part of the Air Force 11 a new numbered Air Force that is— 12 (i) responsible for carrying out space 13 warfighting operations; and 14 (ii) assigned to the United States 15 Space Command established by section 169 16 of title 10, United States Code, as added 17 by subsection (c). 18 (B) EFFECT ON 14TH AIR FORCE.—The 19 establishment of a new numbered Air Force 20 under subparagraph (A) shall not effect the 21 space support mission of the 14th Air Force, 22 including with respect to— 23 (i) space launches, training, and exer- 24 cises; and 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01097 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1098 HR 5515 PCS (ii) being assigned to the Air Force 1 Space Command. 2 (C) PLAN.—Not later than December 31, 3 2019, the Secretary shall submit to the congres- 4 sional defense committees a plan to establish 5 the new numbered Air Force under subpara- 6 graph (A). 7 (c) ESTABLISHMENT OF SUBORDINATE UNIFIED 8 COMMAND.— 9 (1) IN GENERAL.—Chapter 6 of title 10, United 10 States Code, is amended by adding at the end the 11 following new section: 12 ‘‘§ 169. Subordinate unified command of the United 13 States Strategic Command 14 ‘‘(a) ESTABLISHMENT.—With the advice and assist- 15 ance of the Chairman of the Joint Chiefs of Staff, the 16 President, through the Secretary of Defense, shall estab- 17 lish under the United States Strategic Command a subor- 18 dinate unified command to be known as the United States 19 Space Command (in this section referred to as ‘space com- 20 mand’) for carrying out joint space warfighting oper- 21 ations. 22 ‘‘(b) ASSIGNMENT OF FORCES.—Unless otherwise di- 23 rected by the Secretary of Defense, all active and reserve 24 space warfighting operational forces of the armed forces 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01098 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1099 HR 5515 PCS shall be assigned to the space command, including the 1 numbered Air Force responsible for carrying out space 2 warfighting operations. 3 ‘‘(c) COMMANDER.—(1) The commander of the space 4 command shall hold the grade of general or, in the case 5 of an officer of the Navy, admiral while serving in that 6 position, without vacating the permanent grade of the offi- 7 cer. The commander shall be appointed to that grade by 8 the President, by and with the advice and consent of the 9 Senate, for service in that position. The position shall be 10 designated, pursuant to subsection (b) of section 526 of 11 this title, as one of the general officer and flag officer posi- 12 tions to be excluded from the limitations in subsection (a) 13 of such section. 14 ‘‘(2) During the three-year period following the date 15 on which the space command is established, the com- 16 mander of the Air Force Space Command may also serve 17 as the commander of the space command so established. 18 After such period, one individual may not concurrently 19 serve as both such commanders. 20 ‘‘(d) AUTHORITY OF COMMANDER.—(1) Subject to 21 the authority, direction, and control of the commander of 22 the United States Strategic Command, the commander of 23 the space command shall be responsible for, and shall have 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01099 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1100 HR 5515 PCS the authority to conduct, all affairs of such command re- 1 lating to joint space warfighting operations. 2 ‘‘(2)(A) Subject to the authority, direction, and con- 3 trol of the Deputy Secretary of Defense, the commander 4 of the space command shall be responsible for, and shall 5 have the authority to conduct, the following functions re- 6 lating to joint space warfighting operations (whether or 7 not relating to the space command): 8 ‘‘(i) Developing strategy, doctrine, and tactics. 9 ‘‘(ii) Preparing and submitting to the Secretary 10 of Defense program recommendations and budget 11 proposals for space operations forces and for other 12 forces assigned to the space command. 13 ‘‘(iii) Exercising authority, direction, and con- 14 trol over the expenditure of funds for forces assigned 15 directly to the space command. 16 ‘‘(iv) Training and certification of assigned 17 joint forces. 18 ‘‘(v) Conducting specialized courses of instruc- 19 tion for commissioned and noncommissioned officers. 20 ‘‘(vi) Validating requirements. 21 ‘‘(vii) Establishing priorities for requirements. 22 ‘‘(viii) Ensuring the interoperability of equip- 23 ment and forces. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01100 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1101 HR 5515 PCS ‘‘(ix) Formulating and submitting requirements 1 for intelligence support. 2 ‘‘(x) Monitoring the promotion of space oper- 3 ation forces and coordinating with the military de- 4 partments regarding the assignment, retention, 5 training, professional military education, and special 6 and incentive pays of space operation forces. 7 ‘‘(B) The authority, direction, and control exercised 8 by the Deputy Secretary of Defense for purposes of this 9 paragraph is authority, direction, and control with respect 10 to the administration and support of the space command, 11 including readiness and organization of space operations 12 forces, space operations-peculiar equipment and resources, 13 and civilian personnel. 14 ‘‘(C) Nothing in this paragraph shall be construed as 15 providing the Deputy Secretary of Defense authority, di- 16 rection, and control of operational matters that are subject 17 to the operational chain of command of the combatant 18 commands or the exercise of authority, direction, and con- 19 trol of personnel, resources, equipment, and other matters 20 that are not space-operations peculiar and that are in the 21 purview of the armed forces. 22 ‘‘(3) The commander of the space command shall be 23 responsible for— 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01101 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1102 HR 5515 PCS ‘‘(A) ensuring the combat readiness of forces 1 assigned to the space command; and 2 ‘‘(B) monitoring the preparedness to carry out 3 assigned missions of space forces assigned to unified 4 combatant commands other than the United States 5 Strategic Command. 6 ‘‘(4) The staff of the commander shall include an in- 7 spector general who shall conduct internal audits and in- 8 spections of purchasing and contracting actions through 9 the space command and such other inspector general func- 10 tions as may be assigned. 11 ‘‘(e) INTELLIGENCE AND SPECIAL ACTIVITIES.—This 12 section does not constitute authority to conduct any activ- 13 ity which, if carried out as an intelligence activity by the 14 Department of Defense, would require a notice to the Se- 15 lect Committee on Intelligence of the Senate and the Per- 16 manent Select Committee on Intelligence of the House of 17 Representatives under title V of the National Security Act 18 of 1947 (50 U.S.C. 3091 et seq.).’’. 19 (2) CLERICAL AMENDMENT.—The table of sec- 20 tions at the beginning of such chapter is amended 21 by inserting after the item relating to section 167b 22 the following new item: 23 ‘‘169. Subordinate unified command of the United States Strategic Command’’. (3) BRIEFING.—The Secretary of the Air Force 24 shall provide the Committees on Armed Services of 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01102 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1103 HR 5515 PCS the House of Representatives and the Senate a brief- 1 ing on the need to develop additional recruitment 2 measures or Reserve Officer Training Corps pro- 3 grams relating to space career fields. 4 SEC. 1602. RAPID, RESPONSIVE, AND RELIABLE SPACE 5 LAUNCH. 6 (a) ASSURED ACCESS TO SPACE.—Section 2273 of 7 title 10, United States Code, is amended— 8 (1) in subsection (b)— 9 (A) in paragraph (1), by striking ‘‘; and’’; 10 (B) in paragraph (2), by striking the pe- 11 riod at the end and inserting ‘‘; and’’; and 12 (C) by adding at the end the following new 13 paragraph: 14 ‘‘(3) the availability of rapid, responsive, and 15 reliable space launches for national security space 16 programs to— 17 ‘‘(A) improve the responsiveness and flexi- 18 bility of a national security space system; 19 ‘‘(B) lower the costs of launching a na- 20 tional security space system; and 21 ‘‘(C) maintain risks of mission success at 22 acceptably low levels.’’; and 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01103 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1104 HR 5515 PCS (2) in subsection (c), by inserting before the pe- 1 riod at the end the following: ‘‘and the Director of 2 National Intelligence’’. 3 (b) REUSABILITY OF LAUNCH VEHICLES.— 4 (1) DESIGNATION.—Effective March 1, 2019, 5 the Evolved Expendable Launch Vehicle program of 6 the Department of Defense shall be known as the 7 ‘‘National Security Space Launch program’’. Any 8 reference in Federal law, regulations, guidance, in- 9 structions, or other documents of the Federal Gov- 10 ernment to the Evolved Expendable Launch Vehicle 11 program shall be deemed to be a reference to the 12 National Security Space Launch program. 13 (2) REQUIREMENT.—In carrying out the Na- 14 tional Security Space Launch program, the Sec- 15 retary of Defense shall provide for consideration of 16 both reusable and expendable launch vehicles with 17 respect to any solicitation occurring on or after 18 March 1, 2019, for which the use of a reusable 19 launch vehicle is technically capable and maintains 20 risk at acceptable levels. 21 (3) NOTIFICATION OF SOLICITATIONS FOR NON- 22 REUSABLE LAUNCH VEHICLES.—Beginning March 1, 23 2019, if the Secretary proposes to issue a solicita- 24 tion for a contract for space launch services for 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01104 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1105 HR 5515 PCS which the use of reusable launch vehicles is not eligi- 1 ble for the award of the contract, the Secretary shall 2 notify in writing the appropriate congressional com- 3 mittees of such proposed solicitation, including jus- 4 tifications for such ineligibility, by not later than 60 5 days before issuing such solicitation. 6 (c) RISK AND COST IMPACT ANALYSIS.— 7 (1) IN GENERAL.—The Secretary shall conduct 8 a risk and cost impact analysis with respect to 9 launch services that use reusable launch vehicles. 10 Such analysis shall include— 11 (A) an assessment of how the inspection 12 and certification regime of the Air Force for 13 previously flown launch vehicles will ensure in- 14 creased responsiveness and operational flexi- 15 bility while maintaining acceptably low risk; and 16 (B) an assessment of the anticipated cost 17 savings to the Department of Defense realized 18 by using a previously flown launch vehicle or 19 components. 20 (2) SUBMISSION.—Not later than 180 days 21 after the date of the enactment of this Act, the Sec- 22 retary shall submit to the appropriate congressional 23 committees the analysis conducted under paragraph 24 (1). 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01105 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1106 HR 5515 PCS (d) APPROPRIATE CONGRESSIONAL COMMITTEES 1 DEFINED.—In this section, the term ‘‘appropriate con- 2 gressional committees’’ means the following: 3 (1) The congressional defense committees. 4 (2) The Permanent Select Committee on Intel- 5 ligence of the House of Representatives and the Se- 6 lect Committee on Intelligence of the Senate. 7 SEC. 1603. PROVISION OF SPACE SITUATIONAL AWARENESS 8 SERVICES AND INFORMATION. 9 (a) ROLE OF DEPARTMENT OF DEFENSE.—Section 10 2274(a) of title 10, United States Code, is amended— 11 (1) by striking ‘‘The Secretary of Defense may’’ 12 and inserting ‘‘(1) Except as provided by paragraph 13 (2), the Secretary of Defense may’’; and 14 (2) by adding at the end the following new 15 paragraph: 16 ‘‘(2) Beginning January 1, 2024, the Secretary may 17 provide space situational awareness services and informa- 18 tion to, and may obtain space situational awareness data 19 and information from, non-United States Government en- 20 tities under paragraph (1) only to the extent that the Sec- 21 retary determines such actions are necessary to meet the 22 national security interests of the United States.’’. 23 (b) INDEPENDENT ASSESSMENT.— 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01106 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1107 HR 5515 PCS (1) FFRDC.—Not later than 30 days after the 1 date of the enactment of this Act, the Secretary of 2 Defense shall seek to enter into a contract with a 3 federally funded research and development center for 4 which the Department of Defense is a sponsor to as- 5 sess which single or combination of departments or 6 agencies of the Federal Government, if any, should 7 assume the authorities of the Secretary of Defense 8 under paragraph (1) of section 2274(a) of title 10, 9 United States Code, that the Secretary will no 10 longer carry out beginning on January 1, 2024, pur- 11 suant to paragraph (2) of such section, as added by 12 subsection (a) of this section. 13 (2) CONSIDERATIONS.—The assessment under 14 paragraph (1) shall consider the following: 15 (A) The existing staff, budgetary re- 16 sources, and institutional expertise of the de- 17 partments and agencies of the Federal Govern- 18 ment evaluated by the assessment. 19 (B) The demonstrated ability of such de- 20 partments and agencies to work collaboratively 21 with industry in developing best practices or 22 consensus standards. 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01107 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1108 HR 5515 PCS (C) The capacity of such departments and 1 agencies to facilitate communication between 2 space object operators to avoid a collision. 3 (D) The ability of such departments and 4 agencies to use other transaction agreements or 5 similar transaction mechanisms. 6 (E) Existing non-profit organizations 7 through which such departments and agencies 8 may oversee the private provision of space situ- 9 ational awareness services and information. 10 (3) SUBMISSION.— 11 (A) DOD.—Not later than 180 days after 12 the date on which the Secretary and a federally 13 funded research and development center enter 14 into the contract under paragraph (1), the cen- 15 ter shall submit to the Secretary a report on 16 the assessment conducted under such para- 17 graph. 18 (B) CONGRESS.—Not later than 10 days 19 after the date on which the Secretary receives 20 the report under subparagraph (A), the Sec- 21 retary shall submit to the appropriate congres- 22 sional committees such report, without change. 23 (c) PLAN.— 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01108 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1109 HR 5515 PCS (1) DEVELOPMENT.—The Secretary of Defense, 1 in coordination with the heads of other departments 2 or agencies of the Federal Government determined 3 appropriate by the Secretary, shall develop a plan to 4 ensure that one or more departments or agencies of 5 the Federal Government other than the Department 6 of Defense may provide space situational awareness 7 services and information to non-United States Gov- 8 ernment entities. 9 (2) CONSIDERATION.—In developing the plan 10 under paragraph (1), the Secretary shall take into 11 consideration the assessment conducted under sub- 12 section (b)(1). 13 (3) SUBMISSION.—Not later than 180 days 14 after the date on which the Secretary submits the 15 report under subsection (b)(3), the Secretary shall 16 submit to the appropriate congressional committees 17 the plan developed under paragraph (1). 18 (d) APPROPRIATE CONGRESSIONAL COMMITTEES 19 DEFINED.—In this section, the term ‘‘appropriate con- 20 gressional committees’’ means the following: 21 (1) The congressional defense committees. 22 (2) The Committee on Science, Space, and 23 Technology, the Committee on Transportation and 24 Infrastructure, the Committee on Energy and Com- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01109 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1110 HR 5515 PCS merce, the Committee on Foreign Affairs, and the 1 Permanent Select Committee on Intelligence of the 2 House of Representatives. 3 (3) The Committee on Commerce, Science, and 4 Transportation, the Committee on Foreign Rela- 5 tions, and the Select Committee on Intelligence of 6 the Senate. 7 SEC. 1604. BUDGET ASSESSMENTS FOR NATIONAL SECU- 8 RITY SPACE PROGRAMS. 9 Section 239(b)(1) of title 10, United States Code, is 10 amended to read as follows: 11 ‘‘(1) Not later than 30 days after the date on which 12 the President submits to Congress the budget for each of 13 fiscal years 2017 through 2021, the Secretary of Defense 14 shall submit to the congressional defense committees a re- 15 port on the budget for national security space programs 16 of the Department of Defense. The Secretary may include 17 the report in the defense budget materials if the Secretary 18 submits such materials to Congress by such date.’’. 19 SEC. 1605. ENHANCEMENT OF POSITIONING, NAVIGATION, 20 AND TIMING CAPACITY. 21 (a) CAPABILITY FOR TRUSTED SIGNALS.—The Sec- 22 retary of the Air Force shall ensure that military Global 23 Positioning System user equipment terminals have the ca- 24 pability, including with appropriate mitigation efforts, to 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01110 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1111 HR 5515 PCS receive trusted signals from the Galileo satellites of the 1 European Union and the QZSS satellites of Japan, begin- 2 ning with increment 2 of the acquisition of such terminals. 3 (b) CAPABILITY FOR OTHER SIGNALS.—The Sec- 4 retary of the Air Force shall ensure that military Global 5 Positioning System user equipment terminals having the 6 capability to receive non-allied positioning, navigation, and 7 timing signals, beginning with increment 2 of the acquisi- 8 tion of such terminals, if the Secretary of Defense, in con- 9 sultation with the Commander of the United States Stra- 10 tegic Command, determines that— 11 (1) the benefits of receiving such signals out- 12 weigh the risks; or 13 (2) such risks can be appropriately mitigated. 14 (c) ENGAGEMENT.—The Secretary of Defense, jointly 15 with the Secretary of State, shall engage with relevant al- 16 lies of the United States to— 17 (1) enable military Global Positioning System 18 user equipment terminals to receive the positioning, 19 navigation, and timing signals of such allies; and 20 (2) negotiate as appropriate other potential 21 agreements relating to the enhancement of posi- 22 tioning, navigation, and timing. 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01111 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1112 HR 5515 PCS SEC. 1606. USE OF SMALL- AND MEDIUM-SIZE BUSES FOR 1 STRATEGIC AND TACTICAL SATELLITE PAY- 2 LOADS. 3 (a) BRIEFING ON RISKS, BENEFITS, AND COST SAV- 4 INGS.— 5 (1) BRIEFING.—Not later than 180 days after 6 the date of the enactment of this Act, the Secretary 7 of Defense, in coordination with the Director of Na- 8 tional Intelligence, shall provide to the Committees 9 on Armed Services of the House of Representatives 10 and the Senate, and to any other appropriate con- 11 gressional committee upon request, a briefing on the 12 risks, benefits, and cost savings with respect to 13 using small- and medium-size buses for strategic and 14 tactical satellite payloads for protected satellite com- 15 munications programs and next-generation overhead 16 persistent infrared systems. 17 (2) MATTERS INCLUDED.—The briefing pro- 18 vided under paragraph (1) shall address the fol- 19 lowing: 20 (A) Increasing component and subcompo- 21 nent commonality for power regulation, solar 22 arrays, battery technology, thermal control, and 23 avionics. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01112 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1113 HR 5515 PCS (B) The security of the supply chain, in- 1 cluding a strategy to mitigate risk in such sup- 2 ply chain. 3 (b) ANALYSES OF ALTERNATIVES.— 4 (1) CERTIFICATIONS.—With respect to each 5 analysis of alternatives of new space vehicles relating 6 to a program described in paragraph (2), the Direc- 7 tor for Cost Assessment and Program Evaluation 8 shall certify to the appropriate congressional com- 9 mittees that the analysis— 10 (A) includes materiel solutions for using 11 small- and medium-size buses; and 12 (B) considers the relevant operational 13 benefits and potential cost savings of using 14 small-, medium-, and large-size buses. 15 (2) PROGRAMS DESCRIBED.—The programs de- 16 scribed in this paragraph are the programs of the 17 Department of Defense relating to any of the fol- 18 lowing: 19 (A) Protected satellite communications. 20 (B) Next-generation overhead persistent 21 infrared systems. 22 (C) Space-based environmental monitoring. 23 (c) BRIEFING ON ALTERNATIVE SPACE-BASED AR- 24 CHITECTURES.—Not later than 240 days after the date 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01113 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1114 HR 5515 PCS of the enactment of this Act, the Secretary of Defense, 1 the Secretary of the Air Force, and the Chairman of the 2 Joint Chiefs of Staff shall jointly provide to the Commit- 3 tees on Armed Services of the House of Representatives 4 and the Senate, and to any other appropriate congres- 5 sional committee upon request, a briefing on alternative 6 space-based architectures for the programs described in 7 subsection (b)(2) using small-, medium-, and large-size 8 buses. 9 (d) APPROPRIATE CONGRESSIONAL COMMITTEES 10 DEFINED.—In this section, the term ‘‘appropriate con- 11 gressional committees’’ means the following: 12 (1) The congressional defense committees. 13 (2) The Permanent Select Committee on Intel- 14 ligence of the House of Representatives and the Se- 15 lect Committee on Intelligence of the Senate. 16 SEC. 1607. DESIGNATION OF COMPONENT OF DEPARTMENT 17 OF DEFENSE RESPONSIBLE FOR COORDINA- 18 TION OF MODERNIZATION EFFORTS RELAT- 19 ING TO MILITARY-CODE CAPABLE GPS RE- 20 CEIVER CARDS. 21 (a) DESIGNATION.—Not later than 30 days after the 22 date of the enactment of this Act, the Secretary of De- 23 fense, in coordination with the Secretaries of the military 24 departments and the heads of Defense Agencies the Sec- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01114 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1115 HR 5515 PCS retary determines appropriate, shall designate a compo- 1 nent of the Office of the Secretary of Defense to be re- 2 sponsible for coordinating common solutions for the M- 3 code modernization efforts among the military depart- 4 ments, Defense Agencies, and other appropriate elements 5 of the Department of Defense. 6 (b) ROLES AND RESPONSIBILITIES.—The roles and 7 responsibilities of the component selected under subsection 8 (a) shall include the following: 9 (1) Identify the elements of the Department of 10 Defense and the programs of the Department that 11 require M-code capable receiver cards and deter- 12 mine— 13 (A) the number of total receiver cards re- 14 quired by the Department, including the num- 15 ber required for each such element and pro- 16 gram and the military departments; 17 (B) the timeline, by fiscal year, for each 18 program of the Department conducting M-code 19 modernization efforts; and 20 (C) the projected cost for each such pro- 21 gram. 22 (2) Systematically collect integration test data, 23 lessons learned, and design solutions, and share such 24 information with other elements of the Department. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01115 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1116 HR 5515 PCS (3) Identify ways the Department can prevent 1 duplication in conducting M-code modernization ef- 2 forts, and identify, to the extent practicable, poten- 3 tial cost savings that could be realized by addressing 4 such duplication. 5 (4) Coordinate the integration, testing, and pro- 6 curement of M-code capable receiver cards to ensure 7 that the Department maximizes the buying power of 8 the Department, reduces duplication, and saves re- 9 sources, where possible. 10 (c) SUPPORT.—The Secretary of Defense shall ensure 11 the military departments, the Defense Agencies, and other 12 elements of the Department of Defense provide the compo- 13 nent selected under subsection (a) with the appropriate 14 support and resources needed to perform the roles and re- 15 sponsibilities under subsection (b). 16 (d) REPORTS.—Not later than March 15, 2019, and 17 annually thereafter through 2021, the Secretary of De- 18 fense shall provide to the congressional defense commit- 19 tees a report on M-code modernization efforts. Each re- 20 port shall include, with respect to the period covered by 21 the report, the following: 22 (1) The projected cost and schedule, by fiscal 23 year, for the Department to acquire M-code capable 24 receiver cards. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01116 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1117 HR 5515 PCS (2) The programs of the Department con- 1 ducting M-code modernization efforts. 2 (3) The number of M-code capable receiver 3 cards procured by the Department, the number of 4 such receiver cards yet to be procured, and the per- 5 centage of the M-code modernization efforts com- 6 pleted by each program identified under paragraph 7 (2). 8 (e) DEFINITIONS.—In this section: 9 (1) The term ‘‘M-code capable receiver card’’ 10 means a Global Positioning System receiver card 11 that is capable of receiving military code that pro- 12 vides enhanced positioning, navigation, and timing 13 capabilities and improved resistance to existing and 14 emerging threats, such as jamming. 15 (2) The term ‘‘M-code modernization efforts’’ 16 means the development, integration, testing, and 17 procurement programs of the Department of De- 18 fense relating to developing M-code capable receiver 19 cards. 20 SEC. 1608. DESIGNATION OF COMPONENT OF DEPARTMENT 21 OF DEFENSE RESPONSIBLE FOR COORDINA- 22 TION OF HOSTED PAYLOAD INFORMATION. 23 (a) FINDINGS.—Congress finds the following: 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01117 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1118 HR 5515 PCS (1) Using commercially hosted payloads is an 1 option for the Department of Defense that should be 2 considered in analyses of alternatives, as it could in- 3 crease cost savings, speed up capability to orbit, and 4 contribute to resilience through the use of 5 disaggregated space systems by the Department. 6 (2) The use by the Department of commercially 7 hosted payloads has been limited so far, using com- 8 mercial satellites to host three experimental payloads 9 to date, though the use of hosted payloads could ex- 10 pand in the future. 11 (3) The Department does not have the knowl- 12 edge the Department needs to determine if commer- 13 cially hosted payloads are an acquisition approach 14 worth pursuing. 15 (4) The Department faces challenges in match- 16 ing payloads to commercial hosts, due to numerous 17 logistical challenges to matching payloads to hosts, 18 including coordinating the size, weight and power of 19 the payload with the commercial host, and aligning 20 acquisition and funding timelines between govern- 21 ment and commercial programs. 22 (5) The Comptroller General of the United 23 States in preliminary findings concluded that the 24 space acquisition culture of the Department lacks 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01118 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1119 HR 5515 PCS sufficient knowledge, such as costs, technical param- 1 eters, and lessons learned, to determine the benefits 2 and address the challenges of using commercially 3 hosted payloads and that the existing knowledge is 4 fragmented across the Department without any 5 plans to consolidate it. 6 (6) Programs are not required to report data 7 on commercially hosted payloads to any centralized 8 office or database, and leveraging cost and technical 9 data from hosted payload efforts could inform future 10 interested programs and avoid duplication of efforts, 11 but currently no such comprehensive data source ex- 12 ists. 13 (b) DESIGNATION.—Not later than 30 days after the 14 date of the enactment of this Act, the Secretary of De- 15 fense, in coordination with the Secretary of the Air Force, 16 and other Secretaries of the military departments and the 17 heads of Defense Agencies the Secretary determines ap- 18 propriate, shall designate a component of the Department 19 of Defense or a military department to be responsible for 20 coordinating information, processes, and lessons learned 21 relating to using commercially hosted payloads across the 22 military departments, Defense Agencies, and other appro- 23 priate elements of the Department of Defense. The func- 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01119 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1120 HR 5515 PCS tions of such designated component shall include, at a 1 minimum, the following: 2 (1) Systematically collecting information from 3 past and planned hosted payload arrangements to 4 inform future acquisition planning and space system 5 architecture design, including integration test data, 6 lessons learned, and design solutions. 7 (2) Creating a centralized database for cost, 8 technical data, and lessons learned on commercially 9 hosted payloads and sharing such information with 10 other elements of the Department. 11 SEC. 1609. LIMITATION ON AVAILABILITY OF FUNDS FOR 12 JOINT SPACE OPERATIONS CENTER MISSION 13 SYSTEM. 14 (a) JMS.—None of the funds authorized to be appro- 15 priated by this Act or otherwise made available for fiscal 16 year 2019 for the Joint Space Operations Center mission 17 system may be obligated or expended until the date on 18 which the Deputy Secretary of Defense makes the certifi- 19 cation under subsection (c). 20 (b) ESBMC2.—Of the funds authorized to be appro- 21 priated by this Act or otherwise made available for fiscal 22 year 2019 for service and management applications of the 23 enterprise space battle management command and con- 24 trol, not more than 75 percent may be obligated or ex- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01120 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1121 HR 5515 PCS pended until the date on which the Deputy Secretary of 1 Defense makes the certification under subsection (c). 2 (c) CERTIFICATION.—The Deputy Secretary of De- 3 fense, without delegation, shall certify to the congressional 4 defense committees that the Secretary of the Air Force 5 has entered into a contract to operationalize existing, 6 proven, best-in-breed commercial space situational aware- 7 ness processing software to address warfighter require- 8 ments and fill gaps in current space situational capabili- 9 ties. 10 SEC. 1610. EVALUATION AND ENHANCED SECURITY OF SUP- 11 PLY CHAIN FOR PROTECTED SATELLITE 12 COMMUNICATIONS PROGRAMS AND OVER- 13 HEAD PERSISTENT INFRARED SYSTEMS. 14 (a) EVALUATIONS OF SUPPLY CHAIN 15 VULNERABILITIES.— 16 (1) IN GENERAL.—Not later than December 31, 17 2020, and in accordance with the plan under para- 18 graph (2)(A), the Secretary of Defense, in coordina- 19 tion with the Director of National Intelligence, shall 20 conduct evaluations of the supply chain 21 vulnerabilities of each covered program. 22 (2) PLAN.— 23 (A) DEVELOPMENT.—The Secretary shall 24 develop a plan to carry out the evaluations 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01121 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1122 HR 5515 PCS under paragraph (1), including with respect to 1 the personnel and resources required to carry 2 out such evaluations. 3 (B) BRIEFING.—Not later than 180 days 4 after the date of the enactment of this Act, the 5 Secretary shall provide to the Committees on 6 Armed Services of the House of Representatives 7 and the Senate, and to any other appropriate 8 congressional committee upon request, a brief- 9 ing on the plan under subparagraph (A). 10 (3) WAIVER.—The Secretary may waive, on a 11 case-by-case basis with respect to a covered pro- 12 gram, either the requirement to conduct an evalua- 13 tion under paragraph (1) or the deadline specified in 14 such paragraph if the Secretary certifies to the con- 15 gressional defense committees before such date that 16 all known supply chain vulnerabilities of such cov- 17 ered program have minimal consequences for the ca- 18 pability of such covered program to meet operational 19 requirements or otherwise satisfy mission require- 20 ments. 21 (4) RISK MITIGATION STRATEGIES.—In car- 22 rying out an evaluation under paragraph (1), the 23 Secretary shall develop— 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01122 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1123 HR 5515 PCS (A) strategies for mitigating the risks of 1 supply chain vulnerabilities identified in the 2 course of such evaluation; and 3 (B) cost estimates for such strategies. 4 (b) PRIORITIZATION OF CERTAIN SUPPLY CHAIN 5 RISK MANAGEMENT EFFORTS.— 6 (1) INSTRUCTIONS.—Not later than 180 days 7 after the date of the enactment of this Act, the Sec- 8 retary shall issue a Department of Defense Instruc- 9 tion, or update such an Instruction, establishing the 10 prioritization of supply chain risk management pro- 11 grams, including supply chain risk management 12 threat assessment reporting, to ensure that acquisi- 13 tion and sustainment programs relating to covered 14 programs receive the highest priority of such supply 15 chain risk management programs and reporting. 16 (2) REQUIREMENTS.— 17 (A) ESTABLISHMENT.—The Secretary 18 shall establish requirements to carry out supply 19 chain risk management threat assessment col- 20 lections and analyses under acquisition and 21 sustainment programs relating to covered pro- 22 grams. 23 (B) BRIEFING.—Not later than 120 days 24 after the date of the enactment of this Act, the 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01123 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1124 HR 5515 PCS Secretary shall provide to the Committees on 1 Armed Services of the House of Representatives 2 and the Senate, and to any other appropriate 3 congressional committee upon request, a brief- 4 ing on the requirements established under sub- 5 paragraph (A). 6 (c) DEFINITIONS.—In this section: 7 (1) The term ‘‘appropriate congressional com- 8 mittees’’ means the following: 9 (A) The congressional defense committees. 10 (B) The Permanent Select Committee on 11 Intelligence of the House of Representatives 12 and the Select Committee on Intelligence of the 13 Senate. 14 (2) The term ‘‘covered programs’’ means pro- 15 grams of the Department of Defense relating to any 16 of the following: 17 (A) Protected satellite communications. 18 (B) Next-generation overhead persistent 19 infrared systems. 20 SEC. 1611. REPORT ON PROTECTED SATELLITE COMMU- 21 NICATIONS. 22 Not later than December 31, 2018, the Secretary of 23 Defense shall submit to the congressional defense commit- 24 tees a report on how each of the following programs will 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01124 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1125 HR 5515 PCS meet the requirements for resilience, mission assurance, 1 and the nuclear command, control, and communication 2 missions of the Department of Defense: 3 (1) The evolved strategic satellite program. 4 (2) The protected tactical service program. 5 (3) The protected tactical enterprise service 6 program. 7 SEC. 1612. PLAN ON SPACE WARFIGHTING READINESS. 8 (a) IN GENERAL.—Not later than 60 days after the 9 date of the enactment of this Act, the Secretary of Defense 10 shall develop, and commence the implementation of, a plan 11 that— 12 (1) identifies joint mission-essential tasks for 13 space as a warfighting domain; 14 (2) identifies any additional authorities, or dele- 15 gated authorities, that would need to accompany the 16 employment of forces to meet such mission-essential 17 tasks; 18 (3) meets the readiness requirements for space 19 warfighting, including with respect to equipment, 20 training, and personnel, to meet such mission-essen- 21 tial tasks; and 22 (4) considers the contributions by allies and 23 partners of the United States with respect to defense 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01125 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1126 HR 5515 PCS space capabilities to increase burden sharing across 1 space systems, as appropriate. 2 (b) BRIEFING.—Not later than 60 days after the date 3 of the enactment of this Act, the Secretary shall provide 4 to the Committees on Armed Services of the House of 5 Representatives and the Senate, and to any other congres- 6 sional defense committee upon request, a briefing describ- 7 ing the authorities identified under subsection (a)(2) that 8 the Secretary determines require legislative action. 9 SEC. 1613. STUDY ON SPACE-BASED RADIO FREQUENCY 10 MAPPING. 11 (a) STUDY.—The Secretary of Defense and the Di- 12 rector of National Intelligence shall jointly conduct a 13 study on the capabilities of the private sector with respect 14 to space-based radio frequency mapping and associated 15 operations and services for space-based electromagnetic 16 collections. Such study shall address the following: 17 (1) The near-term commercial market offerings 18 of such operations and services in the United States 19 and outside the United States. 20 (2) The potential benefits to the United States 21 provided by such operations and services. 22 (3) The potential risks to the United States 23 posed by such operations and services. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01126 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1127 HR 5515 PCS (4) The sufficiency of existing legal authorities 1 available to the Secretary and the Director to ad- 2 dress such potential risks. 3 (b) REPORT.—Not later than 90 days after the date 4 of the enactment of this Act, the Secretary and the Direc- 5 tor shall jointly submit to the congressional defense com- 6 mittees, the Permanent Select Committee on Intelligence 7 of the House of Representatives, and the Select Committee 8 on Intelligence of the Senate a report containing the study 9 under subsection (a). 10 SEC. 1614. PLAN TO PROVIDE PERSISTENT WEATHER IM- 11 AGERY FOR UNITED STATES CENTRAL COM- 12 MAND. 13 (a) PLAN.—The Secretary of the Air Force shall de- 14 velop a plan to provide the United States Central Com- 15 mand with persistent weather imagery for the area of op- 16 erations of the Command beginning not later than Janu- 17 ary 1, 2026. 18 (b) MATTERS INCLUDED.—The plan developed under 19 subsection (a) shall include the following: 20 (1) A long-term method for providing the 21 United States Central Command with persistent 22 weather imagery for the area of operations of the 23 Command that— 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01127 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1128 HR 5515 PCS (A) does not rely on data provided by a 1 foreign government; and 2 (B) does not include relocating legacy geo- 3 stationary operational environmental satellites. 4 (2) A description of the costs required to carry 5 out the plan. 6 (c) SUBMISSION.—Not later than March 1, 2019, the 7 Secretary shall submit to the congressional defense com- 8 mittees the plan developed under subsection (a). 9 SEC. 1615. INDEPENDENT STUDY ON SPACE LAUNCH LOCA- 10 TIONS. 11 (a) INDEPENDENT STUDY.—Not later than 30 days 12 after the date of the enactment of this Act, the Secretary 13 of Defense shall seek to enter into a contract with a feder- 14 ally funded research and development center to conduct 15 a study on space launch locations, including with respect 16 to the development and capacity of existing and new loca- 17 tions, and the vulnerabilities of the use of existing coastal 18 locations and new locations. The study shall, at a min- 19 imum— 20 (1) identify how additional locations affect the 21 capability of the Department of Defense to rapidly 22 reconstitute and improve resilience for defense sat- 23 ellite system launches; 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01128 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1129 HR 5515 PCS (2) identify the capacities and vulnerabilities of 1 current and new space launch locations, in light of 2 the rapid increase in using commercial space services 3 to support national security space missions and mili- 4 tary requirements; 5 (3) identify partnerships within State govern- 6 ment-owned and -operated spaceports that should be 7 developed to increase launch capacities and enhance 8 the space resiliency of the United States; 9 (4) provide recommendations on strategic place- 10 ment for future space launch sites to mitigate 11 vulnerabilities presented by coastal launch sites; and 12 (5) identify costs associated with additional lo- 13 cations and whether such costs should be borne by 14 the Department of Defense, State governments, or 15 private entities. 16 (b) SELECTION.—The Secretary may not enter into 17 the contract under subsection (a) with a federally funded 18 research and development center for which the Air Force 19 Space Command or the Launch Centers of the National 20 Aeronautical and Space Administration is a sponsor. 21 (c) SUBMISSION TO DOD.—Not later than 240 days 22 after the date of the enactment of this Act, the federally 23 funded research and development center shall submit to 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01129 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1130 HR 5515 PCS the Secretary a report containing the study conducted 1 under subsection (a). 2 (d) SUBMISSION TO CONGRESS.—Not later than 270 3 days after the date of the enactment of this Act, the Sec- 4 retary shall submit to the appropriate congressional com- 5 mittees the report under subsection (a), without change. 6 (e) APPROPRIATE CONGRESSIONAL COMMITTEES DE- 7 FINED.—In this section, the term ‘‘appropriate congres- 8 sional committees’’ means the following: 9 (1) The congressional defense committees. 10 (2) The Committee on Science, Space, and 11 Technology and the Committee on Transportation 12 and Infrastructure of the House of Representatives. 13 (3) The Committee on Commerce, Science, and 14 Transportation of the Senate. 15 SEC. 1616. REPORT ON SPACE DEBRIS. 16 (a) IN GENERAL.—Not later than 240 days after the 17 date of the enactment of this Act, the Secretary of Defense 18 shall submit to the appropriate congressional committees 19 a report on the risks posed by man-made space debris in 20 low-earth orbit, including— 21 (1) recommendations with respect to the reme- 22 diation of such risks; and 23 (2) outlines of plans to reduce the incident of 24 such space debris. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01130 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1131 HR 5515 PCS (b) APPROPRIATE CONGRESSIONAL COMMITTEES 1 DEFINED.—In this section, the term ‘‘appropriate con- 2 gressional committees’’ means— 3 (1) the Committee on Armed Services and the 4 Committee on Science, Space, and Technology of the 5 House of Representatives; and 6 (2) the Committee on Armed Services and Com- 7 mittee on Commerce, Science, and Transportation of 8 the Senate. 9 SEC. 1617. BRIEFING ON COMMERCIAL SATELLITE SERV- 10 ICING CAPABILITIES. 11 (a) BRIEFING.—Not later than one year after the 12 date of the enactment of this Act, the Secretary of De- 13 fense, in consultation with the Director of National Intel- 14 ligence, shall jointly provide the Committees on Armed 15 Services of the House of Representatives and the Senate, 16 and to any other appropriate congressional committee 17 upon request, a briefing detailing the costs, risks, and 18 operational benefits of leveraging commercial satellite 19 servicing capabilities for national security satellite sys- 20 tems. 21 (b) ELEMENTS.—The briefing under subsection (a) 22 shall include the following: 23 (1) A prioritized list, with rationale, of oper- 24 ational and planned assets of the Department of De- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01131 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1132 HR 5515 PCS fense that could be enhanced by satellite servicing 1 missions. 2 (2) The costs, risks, and benefits of integrating 3 satellite servicing capabilities as a part of oper- 4 ational resilience. 5 (3) Potential strategies that could allow future 6 national security space systems to leverage commer- 7 cial in-orbit servicing capabilities where appropriate 8 and feasible. 9 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE- 10 FINED.—In this section, the term ‘‘appropriate congres- 11 sional committee’’ means— 12 (1) the congressional defense committees; 13 (2) the Committee on Science, Space, and 14 Technology and the Permanent Select Committee on 15 Intelligence of the House of Representatives; and 16 (3) the Committee on Commerce, Science, and 17 Transportation and the Select Committee on Intel- 18 ligence of the Senate. 19 Subtitle B—Defense Intelligence 20 and Intelligence-Related Activities 21 SEC. 1621. ROLE OF UNDER SECRETARY OF DEFENSE FOR 22 INTELLIGENCE. 23 Subsection (b) of section 137 of title 10, United 24 States Code, is amended to read as follows: 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01132 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1133 HR 5515 PCS ‘‘(b) Subject to the authority, direction, and control 1 of the Secretary of Defense, the Under Secretary of De- 2 fense for Intelligence shall— 3 ‘‘(1) have responsibility for the overall direction 4 and supervision for policy, program planning and 5 execution, and use of resources, for the activities of 6 the Department of Defense that are part of the Mili- 7 tary Intelligence Program; 8 ‘‘(2) execute the functions for the National In- 9 telligence Program of the Department of Defense 10 under section 105 of the National Security Act of 11 1947 (50 U.S.C. 3038), as delegated by the Sec- 12 retary of Defense; 13 ‘‘(3) have responsibility for the overall direction 14 and supervision for policy, program planning and 15 execution, and use of resources, for the information 16 security, personnel security, physical security, and 17 industrial security related activities of the Depart- 18 ment of Defense; and 19 ‘‘(4) perform such duties and exercise such 20 powers as the Secretary of Defense may prescribe in 21 the area of intelligence.’’. 22 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01133 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1134 HR 5515 PCS SEC. 1622. SECURITY CLEARANCE FOR DUAL NATIONALS. 1 (a) IN GENERAL.—Chapter 80 of title 10, United 2 States Code, is amended by inserting after section 1564a 3 the following new section: 4 ‘‘§ 1564b. Security clearance for dual nationals 5 ‘‘(a) ADDITIONAL REVIEW.—(1) In the case of an in- 6 dividual described in paragraph (3), the Secretary of De- 7 fense shall develop a process to review foreign preference 8 in accordance with the adjudicative guidelines under part 9 147 of title 32, Code of Federal Regulations, or such suc- 10 cessor regulation, before approving a security clearance for 11 such individual. 12 ‘‘(2) The Secretary shall designate an official of the 13 Department of Defense to be responsible for adjudicating 14 any derogatory information of an individual described in 15 paragraph (3) concerning foreign preference that is dis- 16 covered after the security clearance of the individual is ap- 17 proved. 18 ‘‘(3) An individual described in this paragraph is an 19 individual who is— 20 ‘‘(A) a national of the United States (as such 21 term is defined in section 101 of the Immigration 22 and Nationality Act (8 U.S.C. 1101)) and also a na- 23 tional of a foreign state; and 24 ‘‘(B) either— 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01134 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1135 HR 5515 PCS ‘‘(i) a civilian employee or contractor who 1 requires access to classified information; or 2 ‘‘(ii) a member of the armed forces who re- 3 quires access to classified information. 4 ‘‘(b) WAIVER.—(1) In the case of an individual who 5 is a national of the United States and also a national of 6 a foreign state identified under paragraph (2), the Sec- 7 retary may waive the requirement under subsection (a). 8 ‘‘(2) The Director of National Intelligence shall iden- 9 tify foreign states that authorize citizens or nationals of 10 the United States to serve in positions of trust equivalent 11 to positions in the United States Government that require 12 access to classified information.’’. 13 (b) CLERICAL AMENDMENT.—The table of sections 14 at the beginning of such chapter is amended by inserting 15 after the item relating to section 1564a the following new 16 item: 17 ‘‘1564b. Security clearance for dual nationals.’’. (c) BRIEFING.— 18 (1) IN GENERAL.—Not later than 180 days 19 after the date of the enactment of this Act, the Sec- 20 retary of Defense shall provide to the Committees on 21 Armed Services of the House of Representatives and 22 the Senate, and to any other appropriate congres- 23 sional committee upon request, a briefing on— 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01135 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1136 HR 5515 PCS (A) the process developed under paragraph 1 (1) of section 1564b(a) of title 10, United 2 States Code, as added by subsection (a); and 3 (B) the official designated under para- 4 graph (2) of such section 1564b(a). 5 (2) APPROPRIATE CONGRESSIONAL COMMIT- 6 TEES DEFINED.—In this subsection, the term ‘‘ap- 7 propriate congressional committees’’ means the fol- 8 lowing: 9 (A) The Committees on Armed Services of 10 the House of Representatives and the Senate. 11 (B) The Permanent Select Committee on 12 Intelligence of the House of Representatives 13 and the Select Committee on Intelligence of the 14 Senate. 15 SEC. 1623. DEPARTMENT OF DEFENSE COUNTERINTEL- 16 LIGENCE POLYGRAPH PROGRAM. 17 (a) ADDITION OF DUAL-NATIONALS.—Subsection (b) 18 of section 1564a of title 10, United States Code, is amend- 19 ed to read as follows: 20 ‘‘(b) PERSONS COVERED.—Except as provided in 21 subsection (d), the following persons are subject to this 22 section: 23 ‘‘(1) With respect to persons whose duties are 24 described in subsection (c)— 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01136 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1137 HR 5515 PCS ‘‘(A) military and civilian personnel of the 1 Department of Defense; 2 ‘‘(B) personnel of defense contractors; 3 ‘‘(C) persons assigned or detailed to the 4 Department of Defense; and 5 ‘‘(D) applicants for a position in the De- 6 partment of Defense. 7 ‘‘(2) A person who is— 8 ‘‘(A) a national of the United States (as 9 such term is defined in section 101 of the Im- 10 migration and Nationality Act (8 U.S.C. 1101)) 11 and also a national of a foreign state; and 12 ‘‘(B) either— 13 ‘‘(i) a civilian employee or contractor 14 who requires access to classified informa- 15 tion; or 16 ‘‘(ii) a member of the armed forces 17 who requires access to classified informa- 18 tion.’’. 19 (b) STANDARDS FOR DUAL-NATIONALS.—Subsection 20 (e)(2) of such section is amended by adding at the end 21 the following new subparagraph: 22 ‘‘(D) With respect to persons described in sub- 23 section (b)(2), to assist in assessing foreign pref- 24 erence or foreign influence risks, as described in 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01137 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1138 HR 5515 PCS part 147 of title 32, Code of Federal Regulation, or 1 such successor regulations.’’. 2 (c) CONFORMING AMENDMENTS.—Such section is 3 further amended— 4 (1) in subsection (c), by striking ‘‘in subsection 5 (b)’’ and inserting ‘‘in subsection (b)(1)’’; and 6 (2) in subsection (e)(2)(A), by striking ‘‘in sub- 7 sections (b)’’ and inserting ‘‘in subsections (b)(1)’’. 8 SEC. 1624. DEFENSE INTELLIGENCE BUSINESS MANAGE- 9 MENT SYSTEMS. 10 (a) STANDARDIZED BUSINESS PROCESS RULES.— 11 (1) DEVELOPMENT.—Not later than October 1, 12 2020, the Chief Management Officer of the Depart- 13 ment of Defense, in coordination with the Under 14 Secretary of Defense (Comptroller) and the Under 15 Secretary of Defense for Intelligence, shall develop 16 and implement standardized business process rules 17 for the planning, programming, budgeting, and exe- 18 cution process for the Military Intelligence Program. 19 (2) TREATMENT OF DATA.—The Chief Manage- 20 ment Officer shall develop the standardized business 21 process rules under paragraph (1) in accordance 22 with section 911 of the National Defense Authoriza- 23 tion Act for Fiscal Year 2018 (Public Law 115–91; 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01138 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1139 HR 5515 PCS 131 Stat. 1519; 10 U.S.C. 2222 note) and section 1 2222(e)(6) of title 10, United States Code. 2 (3) USE OF EXISTING SYSTEMS.—In developing 3 the standardized business process rules under para- 4 graph (1), to the extent practicable, the Chief Man- 5 agement Officer shall use enterprise business sys- 6 tems of the Department of Defense in existence as 7 of the date of the enactment of this Act. 8 (4) REPORT.—Not later than March 1, 2019, 9 the Chief Management Officer of the Department of 10 Defense, the Under Secretary of Defense (Comp- 11 troller), and the Under Secretary of Defense for In- 12 telligence shall jointly submit to the appropriate con- 13 gressional committees a report containing a plan to 14 develop the standardized business process rules 15 under paragraph (1). 16 (5) APPROPRIATE CONGRESSIONAL COMMIT- 17 TEES.—In this subsection, the term ‘‘appropriate 18 congressional committees’’ means the following: 19 (A) The congressional defense committees. 20 (B) The Permanent Select Committee on 21 Intelligence of the House of Representatives 22 and the Select Committee on Intelligence of the 23 Senate. 24 (b) PROGRAM ELEMENTS.— 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01139 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1140 HR 5515 PCS (1) IN GENERAL.—Chapter 9 of title 10, United 1 States Code, is amended by adding at the end the 2 following new section: 3 ‘‘§ 239b. Certain intelligence-related programs: budg- 4 et justification materials 5 ‘‘(a) PROHIBITION ON USE OF PROGRAM ELE- 6 MENTS.—In the budget justification materials submitted 7 to Congress in support of the Department of Defense 8 budget for fiscal year 2021 and each fiscal year thereafter 9 (as submitted with the budget of the President under sec- 10 tion 1105(a) of title 31), the Secretary of Defense may 11 not include in any single program element both funds 12 made available under the Military Intelligence Program 13 and funds made available outside of the Military Intel- 14 ligence Program. 15 ‘‘(b) DEFINITIONS.—In this section: 16 ‘‘(1) The term ‘budget’ has the meaning given 17 that term in section 231(f) of this title. 18 ‘‘(2) The term ‘defense budget materials’ has 19 the meaning given that term in section 231(f) of this 20 title.’’. 21 (2) CLERICAL AMENDMENT.—The table of sec- 22 tions at the beginning of such chapter is amended 23 by inserting after the item relating to section 239a 24 the following new item: 25 ‘‘239b. Certain intelligence-related programs: budget justification materials’’. VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01140 Fmt 6652 Sfmt 6211 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1141 HR 5515 PCS SEC. 1625. MODIFICATION TO ANNUAL BRIEFING ON THE 1 INTELLIGENCE, SURVEILLANCE, AND RECON- 2 NAISSANCE REQUIREMENTS OF THE COM- 3 BATANT COMMANDS. 4 (a) IN GENERAL.—Section 1626 of the Carl Levin 5 and Howard P. ‘‘Buck’’ McKeon National Defense Au- 6 thorization Act for Fiscal Year 2015 (Public Law 113– 7 291; 128 Stat. 3635), as amended by section 1624 of the 8 National Defense Authorization Act for Fiscal Year 2018 9 (Public Law 115–91; 131 Stat. 1732), is further amend- 10 ed— 11 (1) in the matter preceding paragraph (1), by 12 striking ‘‘2020’’ and inserting ‘‘2025’’; and 13 (2) in paragraph (1)— 14 (A) in subparagraph (B), by striking ‘‘; 15 and’’ and inserting a semicolon; and 16 (B) by adding at the end the following new 17 subparagraph: 18 ‘‘(D) for the year preceding the year in which 19 the briefing is provided— 20 ‘‘(i) the number of hours or amount of ca- 21 pacity of intelligence, surveillance, and recon- 22 naissance requested by each commander of a 23 combatant command, by specific intelligence ca- 24 pability type; 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01141 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1142 HR 5515 PCS ‘‘(ii) the number of such requests identified 1 under clause (i) that the Joint Chiefs of Staff 2 determined to be a validated requirement, in- 3 cluding the number of hours or amount of ca- 4 pacity of such requests that were provided to 5 each such commander; and 6 ‘‘(iii) with respect to such validated re- 7 quirements, the number of hours or amount of 8 capacity of intelligence, surveillance, and recon- 9 naissance, by specific intelligence capability 10 type, that the Joint Chiefs of Staff requested 11 each military department to provide, and the 12 number of such hours or the amount of such 13 capacity so provided by each such military de- 14 partment; and’’. 15 (b) CODIFICATION.—Such section 1626, as amended 16 by subsection (a), is— 17 (1) transferred to chapter 21 of title 10, United 18 States Code; and 19 (2) redesignated as subsection (c) of section 20 426 of such title. 21 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01142 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1143 HR 5515 PCS SEC. 1626. PROHIBITION ON THE AVAILABILITY OF FUNDS 1 FOR DEPARTMENT OF DEFENSE ASSUMING 2 BACKGROUND INVESTIGATION MISSION FOR 3 THE FEDERAL GOVERNMENT. 4 None of the funds authorized to be appropriated by 5 this Act or otherwise made available for fiscal year 2019 6 for the Department of Defense may be obligated or ex- 7 pended during the period beginning on the date of the en- 8 actment of this Act and ending on December 31, 2019, 9 to transfer to the Department the background investiga- 10 tion mission for all agencies or departments of the Federal 11 Government using the National Background Investigation 12 Bureau for investigative services as of April 1, 2018. 13 Subtitle C—Cyberspace-Related 14 Matters 15 SEC. 1631. AMENDMENTS TO PILOT PROGRAM REGARDING 16 CYBER VULNERABILITIES OF DEPARTMENT 17 OF DEFENSE CRITICAL INFRASTRUCTURE. 18 Subsection (b) of section 1650 of the National De- 19 fense Authorization Act for Fiscal Year 2017 (10 U.S.C. 20 2224 note) is amended— 21 (1) in paragraph (1), in the matter preceding 22 subparagraph (A), by inserting ‘‘and the Defense 23 Digital Service’’ after ‘‘covered research laboratory’’; 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01143 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1144 HR 5515 PCS (2) in paragraph (4), in the matter preceding 1 subparagraph (A), by striking ‘‘2019’’ and inserting 2 ‘‘2020’’; and 3 (3) in paragraph (5), by striking ‘‘2019’’ and 4 inserting ‘‘2020’’. 5 SEC. 1632. BUDGET DISPLAY FOR CYBER VULNERABILITY 6 EVALUATIONS AND MITIGATION ACTIVITIES 7 FOR MAJOR WEAPON SYSTEMS OF THE DE- 8 PARTMENT OF DEFENSE. 9 (a) BUDGET REQUIRED.—Beginning in fiscal year 10 2021 and in each fiscal year thereafter, the Secretary of 11 Defense shall submit to Congress, as a part of the docu- 12 mentation that supports the President’s annual budget for 13 the Department of Defense, a consolidated Cyber Vulner- 14 ability Evaluation and Mitigation budget justification dis- 15 play for each major weapons system of the Department 16 of Defense that includes the following: 17 (1) CYBER VULNERABILITY EVALUATIONS.— 18 (A) STATUS.—Whether, in accordance with 19 paragraph (1) of section 1647(a) of the Na- 20 tional Defense Authorization Act for Fiscal 21 Year 2016 (Public Law 114–92; 129 Stat. 22 1118), the cyber vulnerability evaluation for 23 each such major weapon system is pending, in 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01144 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1145 HR 5515 PCS progress, complete, or, pursuant to paragraph 1 (2) of such section, waived. 2 (B) FUNDING.—The funding required for 3 the fiscal year with respect to which the budget 4 is submitted and for at least the four suc- 5 ceeding fiscal years required to complete the 6 pending or in progress cyber vulnerability eval- 7 uation of each such major weapon system. 8 (C) DESCRIPTION.—A description of the 9 activities planned in the fiscal year with respect 10 to which the budget is submitted and at least 11 the four succeeding fiscal years to complete the 12 required evaluation for each such major weapon 13 system. 14 (D) RISK ANALYSIS.—A description of 15 operational or security risks associated with 16 cyber vulnerabilities identified as a result of 17 such cyber vulnerability evaluations that require 18 mitigation. 19 (2) MITIGATION ACTIVITIES.— 20 (A) STATUS.—Whether activities to ad- 21 dress identified cyber vulnerabilities of such 22 major weapon systems resulting in operational 23 or security risks requiring mitigation are pend- 24 ing, in progress, or complete. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01145 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1146 HR 5515 PCS (B) FUNDING.—The funding required for 1 the fiscal year with respect to which the budget 2 is submitted and for at least the four suc- 3 ceeding fiscal years required to complete the 4 pending or in progress mitigation activities re- 5 ferred to in subparagraph (A) related to such 6 major weapon systems. 7 (C) DESCRIPTION.—A description of the 8 activities planned in the fiscal year with respect 9 to which the budget is submitted and at least 10 the four succeeding fiscal years to complete any 11 necessary mitigation. 12 (b) FORM.—The display required under subsection 13 (a) shall be submitted in an unclassified form, but may 14 include a classified annex if necessary. 15 SEC. 1633. TRANSFER OF RESPONSIBILITY FOR THE DE- 16 PARTMENT OF DEFENSE INFORMATION NET- 17 WORK TO UNITED STATES CYBER COMMAND. 18 (a) IN GENERAL.—Not later than September 30, 19 2019, the Secretary of Defense shall transfer all roles, 20 missions, and responsibilities of the Commander, Joint 21 Force Headquarters–Department of Defense Information 22 Networks (JFHQ–DODIN) from the Defense Information 23 Support Agency to the Commander, United States Cyber 24 Command. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01146 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1147 HR 5515 PCS (b) CERTIFICATION REQUIRED.—Prior to the trans- 1 fer required under subsection (a), the Secretary of De- 2 fense shall certify in writing to the congressional defense 3 committees that such transfer shall not result in mission 4 degradation. 5 SEC. 1634. PILOT PROGRAM AUTHORITY TO ENHANCE CY- 6 BERSECURITY AND RESILIENCY OF CRITICAL 7 INFRASTRUCTURE. 8 (a) AUTHORITY.—The Secretary of Defense, in co- 9 ordination with the Secretary of Homeland Security, is au- 10 thorized to provide, detail, or assign technical personnel 11 to the Department of Homeland Security on a non-reim- 12 bursable basis to enhance cybersecurity cooperation, col- 13 laboration, and unity of Government efforts. 14 (b) SCOPE OF ASSISTANCE.—The authority under 15 subsection (a) shall be limited in any fiscal year to the 16 provision of not more than 50 technical cybersecurity per- 17 sonnel from the Department of Defense to the Depart- 18 ment of Homeland Security, including the national cyber- 19 security and communications integration center (NCCIC) 20 of the Department, or other locations as agreed upon by 21 the Secretary of Defense and the Secretary of Homeland 22 Security. 23 (c) LIMITATION.—The authority under subsection (a) 24 may not negatively impact the primary missions of the De- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01147 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1148 HR 5515 PCS partment of Defense or the Department of Homeland Se- 1 curity. 2 (d) ESTABLISHMENT OF PROCEDURES.— 3 (1) IN GENERAL.—The Secretary of Defense 4 and the Secretary of Homeland Security shall estab- 5 lish procedures to carry out subsection (a), including 6 procedures relating to the protection of and safe- 7 guards for maintenance of information held by the 8 NCCIC regarding United States persons. 9 (2) LIMITATION.—Nothing in this subsection 10 may be construed as providing authority to the Sec- 11 retary of Defense to establish procedures regarding 12 the NCCIC with respect to any matter outside the 13 scope of this section. 14 (e) NO EFFECT ON OTHER AUTHORITY TO PROVIDE 15 SUPPORT.—Nothing in this section may be construed to 16 limit the authority of an Executive department, military 17 department, or independent establishment to provide any 18 appropriate support, including cybersecurity support, or to 19 provide, detail, or assign personnel, under any other law, 20 rule, or regulation. 21 (f) DEFINITIONS.—In this section, each of the terms 22 ‘‘Executive department’’, ‘‘military department’’, and 23 ‘‘independent establishment’’, has the meaning given each 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01148 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1149 HR 5515 PCS of such terms, respectively, in chapter 1 of title 5, United 1 States Code. 2 (g) TERMINATION OF AUTHORITY.—This section 3 shall terminate on September 30, 2022. 4 SEC. 1635. PILOT PROGRAM ON REGIONAL CYBER SECU- 5 RITY TRAINING CENTER FOR THE ARMY NA- 6 TIONAL GUARD. 7 (a) PILOT PROGRAM.—The Secretary of the Army 8 may carry out a pilot program under which the Secretary 9 establishes a National Guard training center to provide 10 collaborative interagency education and training for mem- 11 bers of the Army National Guard. 12 (b) DURATION.—If the Secretary carries out the pilot 13 program under subsection (a), the Secretary shall carry 14 out the pilot program for a 2-year period. 15 (c) CENTER.— 16 (1) TRAINING AND COOPERATION.—In carrying 17 out the pilot program under subsection (a), the Sec- 18 retary shall ensure that the training center estab- 19 lished under such subsection— 20 (A) educates and trains members of the 21 Army National Guard quickly and efficiently by 22 concurrently training cyber protection teams 23 and cyber network defense teams on a common 24 standard in order to defend— 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01149 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1150 HR 5515 PCS (i) the information network of the De- 1 partment of Defense in a State environ- 2 ment; 3 (ii) while acting under title 10, United 4 States Code, the information networks of 5 State governments; and 6 (iii) critical infrastructure; 7 (B) fosters interagency cooperation by— 8 (i) co-locating members of the Army 9 National Guard with personnel of depart- 10 ments and agencies of the Federal Govern- 11 ment and State governments; and 12 (ii) providing an environment to de- 13 velop interagency relationship to coordinate 14 responses and recovery efforts during and 15 following a cyber attack; 16 (C) collaborates with academic institutions 17 to develop and implement curriculum for inter- 18 agency education and training within the class- 19 room; and 20 (D) coordinates with the Persistent Cyber 21 Training Environment of the Army Cyber Com- 22 mand in devising and implementing interagency 23 education and training using physical and infor- 24 mation technology infrastructure. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01150 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1151 HR 5515 PCS (2) LOCATIONS.—If the Secretary carries out 1 the pilot program under subsection (a), the Sec- 2 retary shall select one National Guard facility at 3 which to carry out the pilot program. The Secretary 4 shall select a facility that is located in an area that 5 meets the following criteria: 6 (A) The location has a need for cyber 7 training, as measured by both the number of 8 members of the Army National Guard that 9 would apply for such training and the number 10 of units of the Army National Guard that verify 11 the unit would apply for such training. 12 (B) The location has high capacity infor- 13 mation and telecommunications infrastructure, 14 including high speed fiber optic networks. 15 (C) The location has personnel, technology, 16 laboratories, and facilities to support proposed 17 activities and has the opportunity for ongoing 18 training, education, and research. 19 (d) ACTIVITIES.—If the Secretary carries out the 20 pilot program under subsection (a), the Secretary shall en- 21 sure that the pilot program includes the following activi- 22 ties: 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01151 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1152 HR 5515 PCS (1) Providing joint education and training and 1 accelerating training certifications for working in a 2 cyber range. 3 (2) Integrating education and training between 4 the National Guard, law enforcement, and emer- 5 gency medical and fire first responders. 6 (3) Providing a program to continuously train 7 the cyber network defense teams to not only defend 8 the information network of the Department of De- 9 fense, but to also provide education and training on 10 how to use defense capabilities of the team in a 11 State environment. 12 (4) Developing curriculum and educating the 13 National Guard on the different missions carried out 14 under titles 10 and 32, United States Code, in order 15 to enhance interagency coordination and create a 16 common operating picture. 17 SEC. 1636. PROCEDURES AND REPORTING REQUIREMENT 18 ON CYBERSECURITY BREACHES AND LOSS OF 19 PERSONALLY IDENTIFIABLE INFORMATION. 20 (a) IN GENERAL.—In the event of a significant loss 21 of personally identifiable information of civilian or uni- 22 formed members of the Armed Forces, the Secretary of 23 Defense shall promptly submit to the congressional de- 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01152 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1153 HR 5515 PCS fense committees notice in writing of such loss. Such no- 1 tice may be submitted in classified or unclassified formats. 2 (b) PROCEDURES.—Not later than 180 days after the 3 date of the enactment of this Act, the Secretary of Defense 4 shall establish and submit to the congressional defense 5 committees procedures for complying with the require- 6 ments of subsection (a). Such procedures shall be con- 7 sistent with the national security of the United States, the 8 protection of operational integrity, and the protection of 9 personally identifiable information of civilian and uni- 10 formed members of the Armed Forces. 11 (c) SIGNIFICANT LOSS OF PERSONALLY IDENTIFI- 12 ABLE INFORMATION DEFINED.—In this section, the term 13 ‘‘significant loss of personally identifiable information’’ 14 means an intentional, accidental, or otherwise known dis- 15 closure of information that can be used to distinguish or 16 trace an individual’s identity, such as the name, Social Se- 17 curity number, date and place of birth, biometric records, 18 home or other phone numbers, or other demographic, per- 19 sonnel, medical, or financial information, involving 250 or 20 more civilian or uniformed members of the Armed Forces. 21 SEC. 1637. CYBER INSTITUTES AT THE SENIOR MILITARY 22 COLLEGES. 23 (a) PROGRAM AUTHORIZED.—The Secretary of De- 24 fense may carry out a program to establish a cyber insti- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01153 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1154 HR 5515 PCS tute at each of the senior military colleges (referred to in 1 this section as an ‘‘SMC Cyber Institute’’) for purposes 2 of accelerating and focusing the development of 3 foundational expertise in critical cyber operational skills 4 for future military and civilian leaders of the Armed 5 Forces and Department of Defense, including such leaders 6 of the reserve components. 7 (b) ELEMENTS.—Each SMC Cyber Institute estab- 8 lished under subsection (a) shall include the following: 9 (1) Programs to provide future military and ci- 10 vilian leaders of the Armed Forces or the Depart- 11 ment of Defense who possess cyber operational ex- 12 pertise from beginning through advanced skill levels 13 with instruction and practical experiences that lead 14 to recognized certifications and degrees in cyber-re- 15 lated fields. 16 (2) Programs of targeted strategic foreign lan- 17 guage proficiency training for such future leaders 18 that— 19 (A) are designed to significantly enhance 20 critical cyber operational capabilities; and 21 (B) are tailored to current and anticipated 22 readiness requirements. 23 (3) Programs related to mathematical founda- 24 tions of cryptography and courses in cryptographic 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01154 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1155 HR 5515 PCS theory and practice designed to complement and re- 1 inforce cyber education along with the strategic for- 2 eign language programs critical to cyber operations. 3 (4) Programs related to data science and 4 courses in data science theory and practice designed 5 to complement and reinforce cyber education along 6 with the strategic foreign language programs critical 7 to cyber operations. 8 (5) Programs designed to develop early interest 9 and cyber talent through summer programs for ele- 10 mentary and secondary school students and dual en- 11 rollment opportunities for cyber, strategic foreign 12 language, data science, and cryptography related 13 courses. 14 (6) Training and education programs to expand 15 the pool of qualified instructors necessary to support 16 cyber education in regional school systems. 17 (c) PARTNERSHIPS WITH DEPARTMENT OF DE- 18 FENSE AND THE ARMED FORCES.—A SMC Cyber Insti- 19 tute established under subsection (a) may enter into a 20 partnership with one or more components of the Armed 21 Forces (active or reserve) or any agency of the Depart- 22 ment of Defense to facilitate the development of critical 23 cyber skills for students who may pursue a career with 24 the Department of Defense. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01155 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1156 HR 5515 PCS (d) PARTNERSHIPS WITH OTHER SCHOOLS.—A 1 SMC Cyber Institute established under subsection (a) may 2 enter into a partnership with one or more local educational 3 agencies to carry out the requirements of this section. 4 (e) SENIOR MILITARY COLLEGES DEFINED.—In this 5 section, the term ‘‘senior military colleges’’ means the sen- 6 ior military colleges described in section 2111a(f) of title 7 10, United States Code. 8 SEC. 1638. STUDY AND REPORT ON RESERVE COMPONENT 9 CYBER CIVIL SUPPORT TEAMS. 10 (a) STUDY REQUIRED.—The Secretaries concerned 11 shall conduct a study on the feasibility, advisability, and 12 necessity of the establishment of reserve component cyber 13 civil support teams for each State. 14 (b) ELEMENTS.—The study under subsection (a) 15 shall include the following: 16 (1) An examination of the potential ability of 17 the teams referred to in such subsection to respond 18 to an attack, natural disaster, or other large-scale 19 incident affecting computer networks, electronics, or 20 cyber capabilities. 21 (2) An analysis of State and local civilian and 22 private sector cyber response capabilities and serv- 23 ices, including an identification of any gaps in such 24 capabilities and services. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01156 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1157 HR 5515 PCS (3) An identification of the potential role of 1 such teams with respect to the principles and proc- 2 esses set forth in— 3 (A) Presidential Policy Directive 20 4 (United States Cyber Operations Policy); 5 (B) Presidential Policy Directive 21 (Crit- 6 ical Infrastructure Security and Resilience); and 7 (C) Presidential Policy Directive 41 8 (United States Cyber Incident Coordination). 9 (4) An explanation of how such teams may 10 interact with other organizations and elements of the 11 Federal Government that have responsibilities under 12 the Presidential Policy Directives referred to in 13 paragraph (3). 14 (5) The amount of funding and other resources 15 that may be required by the Department of Defense 16 to organize, train, and equip such teams. 17 (6) An explanation of how the establishment of 18 such teams may affect the ability of the Department 19 of Defense— 20 (A) to organize, train, equip, and employ 21 the Cyber Mission Force, and other organic 22 cyber forces; and 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01157 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1158 HR 5515 PCS (B) to perform national defense missions 1 and defense support to civil authorities for 2 cyber incident response. 3 (7) An explanation of how the establishment of 4 such teams may affect the ability of the Department 5 of Homeland Security— 6 (A) to organize, train, equip, and employ 7 cyber incident response teams; and 8 (B) to perform civilian cyber response mis- 9 sions. 10 (8) Any effects on the privacy and civil liberties 11 of United States persons that may result from the 12 establishment of such teams. 13 (9) Any other considerations determined to be 14 relevant by the Secretaries concerned. 15 (c) REPORT REQUIRED.—Not later than 180 days 16 after the date of the enactment of this Act, the Secretaries 17 concerned shall submit to the appropriate congressional 18 committees a report that includes— 19 (1) the results of the study conducted under 20 subsection (a), including an explanation of each ele- 21 ment described in subsection (b); 22 (2) the final determination of the Secretaries 23 with respect to the feasibility, advisability, and ne- 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01158 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1159 HR 5515 PCS cessity of establishing reserve component cyber civil 1 support teams for each State; and 2 (3) if such final determination is in the affirma- 3 tive, proposed legislation for the establishment of the 4 teams, which may include proposed legislation to 5 amend section 12310 of title 10, United States 6 Code. 7 (d) DEFINITIONS.—In this section: 8 (1) The term ‘‘appropriate congressional com- 9 mittees’’ means— 10 (A) the congressional defense committees; 11 (B) the Committee on Homeland Security 12 of the House of Representatives; and 13 (C) the Committee on Homeland Security 14 and Governmental Affairs of the Senate. 15 (2) The term ‘‘reserve component cyber civil 16 support team’’ means a team that— 17 (A) is comprised of members of the reserve 18 components; 19 (B) is organized, trained, equipped, and 20 sustained by the Department of Defense for the 21 purpose of assisting State authorities in pre- 22 paring for and responding to cyber incidents, 23 cyber emergencies, and cyber attacks; and 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01159 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1160 HR 5515 PCS (C) operates principally under the com- 1 mand and control of the Chief Executive of the 2 State in which the team is located. 3 (3) The term ‘‘Secretaries concerned’’ means 4 the Secretary of Defense and the Secretary of 5 Homeland Security acting jointly. 6 (4) The term ‘‘State’’ means each of the several 7 States, the District of Columbia, the Commonwealth 8 of Puerto Rico, and the United States Virgin Is- 9 lands. 10 SEC. 1639. INCLUSION OF COMPUTER PROGRAMMING AND 11 CYBERSECURITY IN CURRICULUM OF JUNIOR 12 RESERVE OFFICERS’ TRAINING CORPS. 13 Section 2031(c) of title 10, United States Code, is 14 amended— 15 (1) in paragraph (2), by striking ‘‘and’’ at the 16 end; 17 (2) in paragraph (3), by striking the period at 18 the end and inserting ‘‘; and’’; and 19 (3) by adding at the end the following new 20 paragraph: 21 ‘‘(4) subject to the authority, direction, and 22 control of the Secretary of Defense, determine the 23 curriculum of the program, which shall include, at 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01160 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1161 HR 5515 PCS minimum, instruction in the subjects of cybersecu- 1 rity and computer programming.’’. 2 SEC. 1640. DEPARTMENT OF DEFENSE CYBER SCHOLAR- 3 SHIP PROGRAM SCHOLARSHIPS AND 4 GRANTS. 5 (a) ADDITIONAL CONSIDERATIONS.—Section 2200c 6 of title 10, United States Code, is amended— 7 (1) by inserting before ‘‘In the selection’’ the 8 following: 9 ‘‘(a) CENTERS OF ACADEMIC EXCELLENCE IN 10 CYBER EDUCATION.—’’; and 11 (2) by adding at the end the following new sub- 12 section: 13 ‘‘(b) CERTAIN INSTITUTIONS OF HIGHER EDU- 14 CATION.—In the selection of a recipient for the award of 15 a scholarship or grant under this chapter, consideration 16 shall be given to whether— 17 ‘‘(1) in the case of a scholarship, the institution 18 of higher education at which the recipient pursues a 19 degree is an institution described in section 371(a) 20 of the Higher Education Act of 1965 (20 U.S.C. 21 1067q(a)); and 22 ‘‘(2) in the case of a grant, the recipient is an 23 institution described in such section.’’. 24 (b) CLERICAL AMENDMENTS.— 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01161 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1162 HR 5515 PCS (1) SECTION HEADING.—The heading of section 1 2200c of title 10, United States Code, is amended 2 to read as follows: 3 ‘‘§ 2200c. Special considerations in awarding scholar- 4 ships and grants’’. 5 (2) TABLE OF SECTIONS.—The table of sections 6 at the beginning of chapter 112 of title 10, United 7 States Code, is amended by striking the item relat- 8 ing to section 2200c and inserting the following new 9 item: 10 ‘‘2200c. Special considerations in awarding scholarships and grants.’’. SEC. 1640A. REPORT ON TRANSITION OF SHARKSEER PRO- 11 GRAM. 12 Not later than 90 days after the date of the enact- 13 ment of this Act, the Secretary of Defense shall submit 14 to the congressional defense committees a report that as- 15 sesses the transition of base operations of the SharkSeer 16 program to the Defense Information Systems Agency, in- 17 cluding with respect to staffing, acquisition, contracts, 18 sensor management, and the ability to conduct cyber 19 threat analyses and advanced malware. The report shall 20 include a spending roadmap and areas that need increased 21 funding. 22 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01162 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1163 HR 5515 PCS SEC. 1640B. REPORT ON CYBERSECURITY APPRENTICE 1 PROGRAM. 2 Not later than 240 days after the date of the enact- 3 ment of this Act, the Secretary of Defense shall submit 4 to the congressional defense committees a report on the 5 feasibility of establishing a Cybersecurity Apprentice Pro- 6 gram to support on-the-job training for certain cybersecu- 7 rity positions and facilitate the acquisition of cybersecurity 8 certifications. 9 Subtitle D—Nuclear Forces 10 SEC. 1641. UNDER SECRETARY OF DEFENSE FOR RE- 11 SEARCH AND ENGINEERING AND THE NU- 12 CLEAR WEAPONS COUNCIL. 13 Section 179(a) of title 10, United States Code, is 14 amended— 15 (1) in paragraph (1), by striking ‘‘, Technology, 16 and Logistics’’ and inserting ‘‘and Sustainment’’; 17 (2) by redesignating paragraphs (4) and (5) as 18 paragraphs (5) and (6), respectively; and 19 (3) by inserting after paragraph (3) the fol- 20 lowing new paragraph (4): 21 ‘‘(4) The Under Secretary of Defense for Re- 22 search and Engineering.’’. 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01163 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1164 HR 5515 PCS SEC. 1642. LONG-RANGE STANDOFF WEAPON REQUIRE- 1 MENTS. 2 Subparagraphs (A) and (B) of section 217(a)(1) of 3 the National Defense Authorization Act for Fiscal Year 4 2014 (Public Law 113–66; 127 Stat. 706) are amended 5 to read as follows: 6 ‘‘(A) achieves initial operating capability 7 for nuclear missions prior to the retirement of 8 the nuclear-armed AGM–86; 9 ‘‘(B) achieves initial operating capability 10 for conventional missions by not later than four 11 years after the date of the achievement under 12 subparagraph (A); and’’. 13 SEC. 1643. ACCELERATION OF GROUND-BASED STRATEGIC 14 DETERRENT PROGRAM AND LONG-RANGE 15 STANDOFF WEAPON PROGRAM. 16 (a) PLAN FOR ACCELERATION OF PROGRAMS.—Con- 17 sistent with validated military requirements and in accord- 18 ance with applicable provisions of Federal law regarding 19 acquisition, the Under Secretary of Defense for Acquisi- 20 tion and Sustainment, in consultation with the Secretary 21 of the Air Force, shall develop and implement— 22 (1) a plan to accelerate the development, pro- 23 curement, and fielding of the ground-based strategic 24 deterrent program; and 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01164 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1165 HR 5515 PCS (2) a plan to accelerate the development, pro- 1 curement, and fielding of the long-range standoff 2 weapon. 3 (b) CRITERIA.—The plans developed under sub- 4 section (a) shall meet the following criteria: 5 (1) With respect to the plan developed under 6 paragraph (1) of such subsection, the plan shall en- 7 sure that the ground-based strategic deterrent pro- 8 gram includes the recapitalization of the full inter- 9 continental ballistic missile weapon system for 400 10 deployed missiles and associated spares and 450 11 launch facilities, without phasing or splitting the 12 program, including with respect to the missile flight 13 system, ground-based infrastructure and equipment, 14 appropriate command and control elements. 15 (2) The plans shall include a comprehensive as- 16 sessment of the benefits, risks, feasibility, costs, and 17 cost savings of various options for accelerating the 18 respective program covered by the plan, including by 19 considering— 20 (A) accelerating— 21 (i) the technology maturation and risk 22 reduction phase, including through the 23 identification of low and high technology 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01165 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1166 HR 5515 PCS readiness levels, requirements, and 1 timelines for maturing such technology; 2 (ii) the award of an engineering and 3 manufacturing development contract; and 4 (iii) making the milestone B decision; 5 (B) transitioning full acquisition authority, 6 responsibility, and accountability of the respec- 7 tive program to the Secretary of the Air Force, 8 including milestone decision authority; 9 (C) providing a general officer-level pro- 10 gram executive officer a dedicated, single-pro- 11 gram, long-term assignment with a tailored ac- 12 quisition approach, program strategy, and over- 13 sight model for the respective program that em- 14 powers the general officer to accelerate the pro- 15 gram, make decisions, and be held accountable; 16 (D) streamlining, as appropriate, test and 17 evaluation activities for the respective program, 18 particularly for proven technologies, while en- 19 suring high confidence in the final deployed sys- 20 tem; 21 (E) leveraging agile software development 22 or other innovative approaches to reduce time- 23 frames for software development; 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01166 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1167 HR 5515 PCS (F) identifying and proposing statutory 1 changes that the Under Secretary or the Sec- 2 retary of the Air Force determine could accel- 3 erate the respective program; 4 (G) identifying accelerated goals for initial 5 operational capability and full operational capa- 6 bility for the respective program; and 7 (H) such other options as the Under Sec- 8 retary or the Secretary of the Air Force con- 9 sider appropriate. 10 (c) SUBMISSION.—Not later than 120 days after the 11 date of the enactment of this Act, the Under Secretary, 12 in consultation with the Secretary of the Air Force, shall 13 submit to the congressional defense committees the plans 14 developed under subsection (a), including an assessment 15 of the options considered and the options selected to be 16 implemented under the plans. 17 (d) BRIEFING.—Not later than 160 days after the 18 date of the enactment of this Act, the Commander of the 19 United States Strategic Command shall provide to the 20 congressional defense committees a briefing on the views 21 of the Commander with respect to the plans developed 22 under subsection (a). 23 (e) DEFINITIONS.—In this section: 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01167 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1168 HR 5515 PCS (1) The term ‘‘milestone B decision’’ has the 1 meaning given that term in section 2400(a) of title 2 10, United States Code. 3 (2) The term ‘‘milestone decision authority’’ 4 has the meaning given that term in section 2366a(d) 5 of title 10, United States Code. 6 SEC. 1644. PROCUREMENT AUTHORITY FOR CERTAIN 7 PARTS OF INTERCONTINENTAL BALLISTIC 8 MISSILE FUZES. 9 (a) AVAILABILITY OF FUNDS.—Notwithstanding sec- 10 tion 1502(a) of title 31, United States Code, of the 11 amount authorized to be appropriated for fiscal year 2019 12 by section 101 and available for Missile Procurement, Air 13 Force, as specified in the funding table in division G, 14 $9,841,000 shall be available for the procurement of cov- 15 ered parts pursuant to contracts entered into under sec- 16 tion 1645(a) of the Carl Levin and Howard P. ‘‘Buck’’ 17 McKeon National Defense Authorization Act for Fiscal 18 Year 2015 (Public Law 113–291; 128 Stat. 3651). 19 (b) COVERED PARTS DEFINED.—In this section, the 20 term ‘‘covered parts’’ means commercially available off- 21 the-shelf items as defined in section 104 of title 41, United 22 States Code. 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01168 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1169 HR 5515 PCS SEC. 1645. PROHIBITION ON REDUCTION OF THE INTER- 1 CONTINENTAL BALLISTIC MISSILES OF THE 2 UNITED STATES. 3 (a) PROHIBITION.—Except as provided by subsection 4 (b), none of the funds authorized to be appropriated by 5 this Act or otherwise made available for fiscal year 2019 6 for the Department of Defense shall be obligated or ex- 7 pended for— 8 (1) reducing, or preparing to reduce, the re- 9 sponsiveness or alert level of the intercontinental 10 ballistic missiles of the United States; or 11 (2) reducing, or preparing to reduce, the quan- 12 tity of deployed intercontinental ballistic missiles of 13 the United States to a number less than 400. 14 (b) EXCEPTION.—The prohibition in subsection (a) 15 shall not apply to any of the following activities: 16 (1) The maintenance or sustainment of inter- 17 continental ballistic missiles. 18 (2) Ensuring the safety, security, or reliability 19 of intercontinental ballistic missiles. 20 SEC. 1646. EXTENSION OF PROHIBITION ON AVAILABILITY 21 OF FUNDS FOR MOBILE VARIANT OF 22 GROUND-BASED STRATEGIC DETERRENT 23 MISSILE. 24 Section 1664 of the National Defense Authorization 25 Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01169 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1170 HR 5515 PCS 2615), as amended by section 1663 by the National De- 1 fense Authorization Act for Fiscal Year 2018 (Public Law 2 115–91), is amended by striking ‘‘2019’’ and inserting 3 ‘‘2020’’. 4 SEC. 1647. INDEPENDENT STUDY ON NUCLEAR WEAPONS 5 LAUNCH-UNDER-ATTACK OPTION. 6 (a) FINDINGS.—Congress finds the following: 7 (1) Maintaining a safe, effective, and reliable 8 nuclear arsenal and command and control system 9 are high priorities for ensuring national security. 10 (2) The current launch-under-attack option, 11 particularly for the intercontinental ballistic missile 12 forces, could require a quick decision, on the order 13 of minutes, on whether to use these weapons to re- 14 spond to an incoming attack. 15 (b) INDEPENDENT STUDY.—Not later than 30 days 16 after the date of the enactment of this Act, the Secretary 17 of Defense shall seek to enter into a contract with a feder- 18 ally funded research and development center to conduct 19 a study on the potential benefits and risks of reducing the 20 role of the launch-under-attack option with respect to 21 planning by the United States relating to nuclear weap- 22 ons. 23 (c) SELECTION.—The Secretary may not enter into 24 the contract under subsection (b) with a federally funded 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01170 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1171 HR 5515 PCS research and development center for which the Air Force 1 is the primary sponsor. 2 (d) REPORTS.— 3 (1) SUBMISSION TO DOD.—Not later than 270 4 days after the date of the enactment of this Act, the 5 federally funded research and development center 6 shall submit to the Secretary a report containing the 7 study conducted under subsection (b). Such report 8 shall include the findings and recommendations of 9 the center. 10 (2) SUBMISSION TO CONGRESS.—Not later than 11 30 days after the date on which the Secretary re- 12 ceives the report under paragraph (1), the Secretary 13 shall submit to the congressional defense committees 14 such report, without change. 15 (3) FORM.—The reports under paragraphs (1) 16 and (2) shall be submitted in unclassified form, but 17 may include a classified annex. 18 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01171 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1172 HR 5515 PCS SEC. 1648. EXTENSION OF ANNUAL REPORT ON THE PLAN 1 FOR THE NUCLEAR WEAPONS STOCKPILE, 2 NUCLEAR WEAPONS COMPLEX, NUCLEAR 3 WEAPONS DELIVERY SYSTEMS, AND NU- 4 CLEAR WEAPONS COMMAND AND CONTROL 5 SYSTEM. 6 Section 1043(a)(1) of the National Defense Author- 7 ization Act for Fiscal Year 2012 (Public Law 112–81; 125 8 Stat. 1576) is amended by striking ‘‘2019’’ and inserting 9 ‘‘2022’’. 10 SEC. 1649. SENSE OF CONGRESS ON NUCLEAR POSTURE OF 11 THE UNITED STATES. 12 It is the sense of Congress that— 13 (1) for more than 70 years, the nuclear deter- 14 rent of the United States has played a central role 15 in the national security of the United States and 16 international stability; 17 (2) the nuclear forces of the United States have 18 and will continue to play a fundamental role in de- 19 terring aggression against the interests of the 20 United States and the allies of the United States in 21 an increasingly dangerous world; 22 (3) strong, credible, and flexible nuclear forces 23 of the United States assure the allies of the United 24 States that the extended deterrence guarantees of 25 the United States are credible and that the resolve 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01172 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1173 HR 5515 PCS of the United States remains strong even in the face 1 of nuclear provocations, including nuclear coercion 2 and blackmail; 3 (4) the 2017 National Security Strategy and 4 the 2018 National Defense Strategy correctly assess 5 that, due to increased global disorder and com- 6 plexity, the decline of the international rules-based 7 order and security environment, and the erosion of 8 the competitive advantages of the United States, 9 interstate strategic competition must now be the pri- 10 mary focus of the national security strategy of the 11 United States; 12 (5) the 2018 Nuclear Posture Review aligns 13 with these conclusions, and recognizes that deter- 14 rence is dynamic, not static, and that while the nu- 15 clear posture and policies of the United States are 16 underpinned by enduring consistency, such posture 17 and policies must also undergo measured adjust- 18 ments to remain credible as threats evolve; 19 (6) the Russian Federation has elevated the 20 role of nuclear weapons in its strategies, is devel- 21 oping and deploying new nuclear capabilities (includ- 22 ing a recently announced nuclear-powered cruise 23 missile and high-speed, nuclear-powered underwater 24 drone), is violating many arms control agreements 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01173 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1174 HR 5515 PCS (including the INF Treaty), and has made explicit 1 nuclear threats against the United States and the al- 2 lies of the United States; 3 (7) the United States remains committed to its 4 full range of nuclear arms control and nonprolifera- 5 tion obligations and seeks continued engagement for 6 prudent and verifiable agreements, however, the poli- 7 cies and actions of the United States must also hold 8 states that violate arms control treaties accountable 9 for such violations and take such violations into ac- 10 count when considering further arms control agree- 11 ments; 12 (8) the North Atlantic Treaty Organization 13 (NATO) plays an essential role in the national secu- 14 rity of the United States and NATO should continue 15 to strengthen and align its nuclear and conventional 16 deterrence posture, planning, and exercises to align 17 with modern threats, including modernizing its dual- 18 capable aircraft, command and control networks, nu- 19 clear-related facilities, and conventional capabilities; 20 (9) to deter large-scale, catastrophic war with 21 Russia, the People’s Republic of China, and other 22 potential adversaries, as well as reassure allies, the 23 United States requires reliable, diverse, and 24 tailorable nuclear forces that are able to respond to 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01174 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1175 HR 5515 PCS a variety of current threats while preparing for fu- 1 ture uncertainty; 2 (10) the 2018 Nuclear Posture Review recon- 3 firms the value of the nuclear triad and dual-capable 4 aircraft of the United States, directs the continu- 5 ation of the comprehensive nuclear modernization 6 program initiated by the previous administration, 7 and proposes two supplemental capabilities (a lower- 8 yield submarine-launched ballistic missile warhead 9 and a sea-launched cruise missile) that will strength- 10 en deterrence and assurance and reduce the chances 11 that nuclear weapons are used in conflict; 12 (11) three successive Secretaries of Defense 13 across two administrations have stated that nuclear 14 deterrence is the highest priority mission of the De- 15 partment of Defense; and 16 (12) in light of this prioritization, the age of 17 the current nuclear forces and infrastructure of the 18 United States, and the small percentage of the de- 19 fense budget that will be expended on the recapital- 20 ization of the nuclear deterrent of the United States, 21 the modernization of the nuclear forces, command 22 and control systems, and supporting infrastructure 23 of the United States is affordable and a national im- 24 perative. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01175 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1176 HR 5515 PCS SEC. 1650. SENSE OF CONGRESS ON EXTENDED NUCLEAR 1 DETERRENCE IN THE INDO-PACIFIC REGION. 2 It is the sense of Congress that— 3 (1) the nuclear program of the Democratic Peo- 4 ple’s Republic of Korea poses a critical national se- 5 curity threat not only to the United States, but to 6 the security and stability of the entire Indo-Pacific 7 region, including South Korea, Japan, and Aus- 8 tralia; 9 (2) the nuclear and conventional forces of the 10 United States continue to play a fundamental role in 11 deterring aggression against its interests and the in- 12 terests of its allies in the Indo-Pacific region and be- 13 yond; 14 (3) the United States stands unwaveringly be- 15 hind its treaty obligations and assurances, including 16 those related to defense and extended nuclear deter- 17 rence, to South Korea, Japan, and Australia; 18 (4) the complete, verifiable, and irreversible 19 denuclearization of the Democratic People’s Republic 20 of Korea remains a central foreign policy objective 21 of the United States; 22 (5) the status of any denuclearization or end-of- 23 conflict agreement with the Democratic People’s Re- 24 public of Korea should not supersede such treaty ob- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01176 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1177 HR 5515 PCS ligations and assurances described in paragraph (3); 1 and 2 (6) the presence of United States Forces on the 3 Korean Peninsula should remain strong and endur- 4 ing. 5 Subtitle E—Missile Defense 6 Programs 7 SEC. 1661. DEVELOPMENT OF PERSISTENT SPACE-BASED 8 SENSOR ARCHITECTURE. 9 (a) FINDINGS.—Congress finds the following: 10 (1) Absent a missile defense review, the budget 11 of the President submitted to Congress under sec- 12 tion 1105(a) of title 31, United States Code, for fis- 13 cal year 2019 did not propose funding for efforts 14 within the Missile Defense Agency to further develop 15 the Missile Defense Tracking System (a future space 16 sensor architecture) and instead funds were provided 17 to the Air Force to determine the plan of the De- 18 partment of Defense for future missile warning and 19 tracking capabilities. 20 (2) Delaying development and deployment of a 21 space-based missile tracking capability further places 22 the United States at a disadvantage against 23 hypersonic threats. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01177 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1178 HR 5515 PCS (b) DEVELOPMENT REQUIRED.—Subsection (a) of 1 section 1683 of the National Defense Authorization Act 2 for Fiscal Year 2018 (Public Law 115–91; 131. Stat. 3 1777) is amended by striking ‘‘If consistent with the direc- 4 tion or recommendations of the Ballistic Missile Defense 5 Review that commenced in 2017, the Director of the Mis- 6 sile Defense Agency’’ and inserting ‘‘Beginning fiscal year 7 2019, the Director of the Missile Defense Agency, in co- 8 ordination with the Director of National Intelligence, the 9 Commander of the Air Force Space Command, and the 10 Commander of the United States Strategic Command,’’. 11 (c) PLAN.— 12 (1) LIMITATION.—Of the funds authorized to 13 be appropriated by this Act or otherwise made avail- 14 able for fiscal year 2019 for the Department of De- 15 fense for the development of the space-based sensor 16 architecture under subsection (a) of section 1683 of 17 the National Defense Authorization Act for Fiscal 18 Year 2018 (Public Law 115–91; 131 Stat. 1777), 19 not more than 25 percent may be obligated or ex- 20 pended until the date on which the Director of the 21 Missile Defense Agency submits the plan under sub- 22 section (e) of such section. 23 (2) CLARIFICATION OF ROLES.—Section 24 1683(e) of the National Defense Authorization Act 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01178 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1179 HR 5515 PCS for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1 1777) is amended by striking ‘‘the Director shall 2 submit’’ and inserting ‘‘the Director of the Missile 3 Defense Agency, in coordination with the Director of 4 National Intelligence, the Commander of the Air 5 Force Space Command, and the Commander of the 6 United States Strategic Command shall submit’’. 7 (d) REPORT ON USE OF OTHER AUTHORITIES.— 8 Such section 1683 is further amended— 9 (1) by redesignating subsection (f) as sub- 10 section (g); and 11 (2) by inserting after subsection (e) the fol- 12 lowing new subsection (f): 13 ‘‘(f) REPORT ON USE OF OTHER AUTHORITIES.— 14 Not later than January 31, 2019, the Director of the Mis- 15 sile Defense Agency shall submit to the appropriate con- 16 gressional committees a report on the options available to 17 the Director to use other transactional authorities pursu- 18 ant to section 2371 of title 10, United States Code, to 19 accelerate the development and deployment of the sensor 20 architecture required by subsection (a).’’. 21 SEC. 1662. BOOST PHASE BALLISTIC MISSILE DEFENSE. 22 (a) DEVELOPMENT AND STUDY.—Section 1685 of 23 the National Defense Authorization Act for Fiscal Year 24 2018 (Public Law 115–91; 10 U.S.C. 2431 note) is 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01179 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1180 HR 5515 PCS amended by adding at the end the following new sub- 1 sections: 2 ‘‘(d) DEVELOPMENT.— 3 ‘‘(1) REQUIREMENT.—Beginning fiscal year 4 2019, the Director of the Missile Defense Agency 5 shall carry out a program to develop boost phase 6 intercept capabilities that— 7 ‘‘(A) are cost effective; 8 ‘‘(B) are air-launched, ship-based, or both; 9 and 10 ‘‘(C) include kinetic interceptors. 11 ‘‘(2) PARTNERSHIPS.—In developing kinetic 12 boost phase intercept capabilities under paragraph 13 (1), the Director may enter into partnerships with 14 the Ministry of National Defense of the Republic of 15 Korea or the Ministry of Defense of Japan, or both. 16 ‘‘(e) INDEPENDENT STUDY.— 17 ‘‘(1) REQUIREMENT.—The Secretary of De- 18 fense shall seek to enter into an agreement with a 19 federally funded research and development center to 20 conduct a feasibility study on providing an initial or 21 demonstrated boost phase capability using un- 22 manned aerial vehicles and kinetic interceptors by 23 December 31, 2021. Such study shall include, at a 24 minimum, a review of the study published by the 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01180 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1181 HR 5515 PCS Science, Technology, and National Security Working 1 Group of the Massachusetts Institute of Technology 2 in 2017 titled ‘Airborne Patrol to Destroy DPRK 3 ICBMs in Powered Flight’. 4 ‘‘(2) SUBMISSION.—Not later than July 31, 5 2019, the Secretary shall submit to the congres- 6 sional defense committees the study conducted under 7 paragraph (1).’’. 8 (b) DIRECTED ENERGY DEVELOPMENT.—Subsection 9 (b) of such section is amended— 10 (1) by striking ‘‘The Secretary of Defense’’ and 11 inserting the following: 12 ‘‘(1) IN GENERAL.—The Secretary of Defense’’; 13 and 14 (2) by adding at the end the following new 15 paragraph: 16 ‘‘(2) ROLE OF DIRECTOR.— 17 ‘‘(A) TRANSFER OF RESPONSIBILITY.—Be- 18 ginning fiscal year 2019, the Secretary shall 19 transfer from the Under Secretary of Defense 20 for Research and Engineering to the Director 21 of the Missile Defense Agency the responsibility 22 to continue developing the interim directed en- 23 ergy boost phase ballistic missile defense capa- 24 bility specified in paragraph (1). 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01181 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1182 HR 5515 PCS ‘‘(B) OTHER PROGRAMS.—In continuing 1 the development under subparagraph (A), the 2 Director shall— 3 ‘‘(i) leverage the efforts of the Under 4 Secretary under the high energy laser ad- 5 vanced development program; and 6 ‘‘(ii) share with the Under Secretary 7 any information useful to such program. 8 ‘‘(C) BRIEFING.—Not later than February 9 28, 2019, the Director shall provide to the 10 Committees on Armed Services of the House of 11 Representatives and the Senate, and to any 12 other congressional defense committee upon re- 13 quest, a briefing on— 14 ‘‘(i) specific criteria that the Director 15 will address in the development under sub- 16 paragraph (A); and 17 ‘‘(ii) parameters used to measure 18 progress in such development.’’. 19 (c) MODIFICATION TO SENSE OF CONGRESS.—Sub- 20 section (a) of such section is amended by striking ‘‘, if 21 consistent with the direction or recommendations of the 22 Ballistic Missile Defense Review that commenced in 23 2017’’. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01182 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1183 HR 5515 PCS SEC. 1663. IMPROVEMENTS TO RESEARCH AND DEVELOP- 1 MENT AND ACQUISITION PROCESSES OF MIS- 2 SILE DEFENSE AGENCY. 3 (a) RESEARCH AND DEVELOPMENT.— 4 (1) TRANSFER.—Not later than September 30, 5 2020, the Secretary of Defense shall transfer the au- 6 thority and the total obligational authority for each 7 research and development program described in 8 paragraph (2) from the Under Secretary of Defense 9 for Research and Engineering to the Director of the 10 Missile Defense Agency. 11 (2) RESEARCH AND DEVELOPMENT PROGRAM 12 DESCRIBED.—A research and development program 13 described in this paragraph is a program that the 14 Under Secretary identifies as meeting each of the 15 following criteria: 16 (A) The program consists of efforts to de- 17 velop prototypes or science and technology, or 18 has not yet received Milestone B approval (as 19 defined in section 2366 of title 10, United 20 States Code). 21 (B) The efforts of the program either— 22 (i) are planned to be incorporated into 23 ballistic missile defense systems; or 24 (ii) have explicit applications for bal- 25 listic missile defense or hypersonic defense. 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01183 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1184 HR 5515 PCS (3) REPORT.—Not later than March 31, 2019, 1 the Under Secretary shall submit to the congres- 2 sional defense committees a report that— 3 (A) lists each research and development 4 program identified under paragraph (2); and 5 (B) a summary of the efforts and funding 6 required for such programs during the period 7 covered by the future-years defense program 8 under section 221 of title 10, United States 9 Code, as of the date of the report. 10 (b) NOTIFICATION ON CHANGES TO NON-STANDARD 11 ACQUISITION PROCESSES AND RESPONSIBILITIES.— 12 (1) LIMITATION.—None of the funds authorized 13 to be appropriated by this Act or otherwise made 14 available for fiscal year 2019 for the Secretary of 15 Defense may be obligated or expended to change the 16 non-standard acquisition processes and responsibil- 17 ities described in paragraph (2) until— 18 (A) the Secretary notifies the congressional 19 defense committees of such proposed change; 20 and 21 (B) a period of 180 days has elapsed fol- 22 lowing the date of such notification. 23 (2) NON-STANDARD ACQUISITION PROCESSES 24 AND RESPONSIBILITIES DESCRIBED.—The non- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01184 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1185 HR 5515 PCS standard acquisition processes and responsibilities 1 described in this paragraph are such processes and 2 responsibilities described in— 3 (A) the memorandum of the Secretary of 4 Defense titled ‘‘Missile Defense Program Direc- 5 tion’’ signed on January 2, 2002; 6 (B) Department of Defense Directive 7 5134.09, as in effect on the date of the enact- 8 ment of this Act; and 9 (C) United States Strategic Command In- 10 struction 583–3. 11 (c) INTEGRATED MASTER TEST PLAN INFORMA- 12 TION.— 13 (1) PUBLIC AVAILABILITY.—Together with the 14 release of each integrated master test plan of the 15 Missile Defense Agency, the Director of the Missile 16 Defense Agency shall make publicly available a 17 version of each such plan that identifies the fiscal 18 year and the fiscal quarter in which events under the 19 plan will occur. 20 (2) SUBMISSION.—Not later than 30 days after 21 the budget of the President for each of fiscal years 22 2020 and 2021 is submitted to Congress under sec- 23 tion 1105 of title 31, United States Code, the Direc- 24 tor shall submit to the congressional defense com- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01185 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1186 HR 5515 PCS mittees the integrated master test plan of the Mis- 1 sile Defense Agency, including any classified and un- 2 classified versions of such plan. 3 (d) MISSILE DEFENSE EXECUTIVE BOARD.—In ad- 4 dition to the Under Secretary of Defense for Research and 5 Engineering serving as chairman of the Missile Defense 6 Executive Board pursuant to section 1676(c)(3)(B) of the 7 National Defense Authorization Act for Fiscal Year 2018 8 (Public Law 115–91; 131 Stat. 1773), the Under Sec- 9 retary of Defense for Acquisition and Sustainment shall 10 serve— 11 (1) as a member of the Board; and 12 (2) as co-chairman with respect to decisions re- 13 garding acquisition and the approval of acquisition 14 and production milestones, including with respect to 15 the use of other transaction authority contracts and 16 transactions in excess of $500,000,000 (including all 17 options). 18 SEC. 1664. LAYERED DEFENSE OF THE UNITED STATES 19 HOMELAND. 20 (a) FINDINGS.—Congress finds the following: 21 (1) The United States homeland (including Ha- 22 waii and Alaska) is currently protected against inter- 23 continental ballistic missiles by the ground-based 24 midcourse defense system, with 44 ground-based 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01186 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1187 HR 5515 PCS interceptors located at Fort Greely, Alaska, and 1 Vandenberg, California. 2 (2) The Department of Defense plans to expand 3 the number of ground-based interceptors to 64 inter- 4 ceptors by 2023 by adding Missile Field 4 at Fort 5 Greely, Alaska. 6 (b) SENSE OF CONGRESS.—It is the sense of Con- 7 gress that the United States should— 8 (1) continue to explore and deploy capabilities 9 that increase the layered defense of the United 10 States homeland; 11 (2) support, if determined by the Secretary of 12 Defense as necessary for the national security of the 13 United States, the deployment of a ground-based in- 14 terceptor site, or potential other ballistic missile de- 15 fense systems pending successful testing, on the 16 East Coast of the United States that— 17 (A) weighs cost effectiveness and 18 prioritization of capability; and 19 (B) provides for increased protection of the 20 continental United States from North Korean 21 and Iranian threats; 22 (3) support the ability of the Army, the Navy, 23 and the Missile Defense Agency to deploy fixed, 24 semi-fixed, and mobile at-sea and ashore assets to 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01187 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1188 HR 5515 PCS locations to increase the layered defense of all of the 1 United States homeland; and 2 (4) support, as appropriate, further analysis 3 and testing for regional systems to be employed for 4 the layered defense of the United States homeland. 5 (c) CERTIFICATION.—Before the Secretary of De- 6 fense makes a potential determination to deploy regional 7 assets to provide missile defense from longer range 8 threats, the Secretary shall certify to the congressional de- 9 fense committees that such deployment would not unnec- 10 essarily undermine or pose additional risk to strategic sta- 11 bility. 12 (d) BRIEFING.—Not later than January 31, 2019, 13 the Director of the Missile Defense Agency, in coordina- 14 tion with the Under Secretary of Defense for Policy, the 15 Commander of the United States Northern Command, 16 and the Commander of the United States Pacific Com- 17 mand, shall provide to the Committees on Armed Services 18 of the House of Representatives and the Senate, and to 19 any other congressional defense committee upon request, 20 a briefing that— 21 (1) describes options and plans to increase or 22 improve the layered protection of the United States 23 homeland (including Hawaii and Alaska) from 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01188 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1189 HR 5515 PCS threats posed by North Korea and threats posed by 1 Iran; 2 (2) addresses the capabilities and reliability of 3 missile defense systems to defend against potential 4 trajectories of missiles from both the North and 5 South Poles; and 6 (3) addresses technical capability and policy 7 with respect to such options. 8 SEC. 1665. TESTING OF REDESIGNED KILL VEHICLE PRIOR 9 TO PRODUCTION. 10 (a) SUCCESSFUL TESTING REQUIRED.—Except as 11 provided by subsection (b), the Director of the Missile De- 12 fense Agency may not make a lot production decision for 13 the redesigned kill vehicle unless the vehicle has undergone 14 at least one successful flight intercept test that meets the 15 following criteria: 16 (1) The test sufficiently assesses the perform- 17 ance of the vehicle in order to inform a lot produc- 18 tion decision. 19 (2) The results of the test demonstrate that the 20 vehicle— 21 (A) will work in an effective manner; and 22 (B) has the ability to accomplish the in- 23 tended mission of the vehicle. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01189 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1190 HR 5515 PCS (b) WAIVER.—The Secretary of Defense, without del- 1 egation, may waive subsection (a) if— 2 (1) the Secretary determines that the waiver is 3 in the interest of national security; 4 (2) the Secretary determines that the threat of 5 missiles is advancing at a pace that requires addi- 6 tional capacity of the ground-based midcourse sys- 7 tem by 2023; 8 (3) the Secretary determines that the waiver is 9 appropriate in light of the assessment conducted by 10 the Director of Operational Test and Evaluation 11 under subsection (c); 12 (4) the Secretary submits to the congressional 13 defense committees a report containing— 14 (A) a notice of the waiver, including the 15 rationale of the Secretary for making the waiv- 16 er; 17 (B) a certification by the Secretary that 18 the Secretary has analyzed and accepts the risk 19 of making and implementing a lot production 20 decision for the redesigned kill vehicle prior to 21 the vehicle undergoing a successful flight inter- 22 cept test; and 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01190 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1191 HR 5515 PCS (C) the assessment of the Director of 1 Operational Test and Evaluation under sub- 2 section (c); and 3 (5) a period of 30 days elapses following the 4 date on which the Secretary submits the report 5 under paragraph (4). 6 (c) ASSESSMENT ON RISKS.—The Director of Oper- 7 ational Test and Evaluation shall submit to the Secretary 8 of Defense an assessment on the risks of making a lot 9 production decision for the redesigned kill vehicle prior to 10 the vehicle undergoing a successful flight intercept test. 11 SEC. 1666. REQUIREMENTS FOR BALLISTIC MISSILE DE- 12 FENSE CAPABLE SHIPS. 13 (a) FORCE STRUCTURE ASSESSMENT.—The Sec- 14 retary of the Navy, in consultation with the Director of 15 the Missile Defense Agency, shall include in the first force 16 structure assessment conducted following the date of the 17 enactment of this Act the following: 18 (1) An assessment of the requirements for bal- 19 listic missile defense capable ships. 20 (2) The force structure requirements associated 21 with advanced ballistic missile defense capabilities. 22 (b) FORCE STRUCTURE ASSESSMENT DEFINED.— 23 The term ‘‘force structure assessment’’ has the meaning 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01191 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1192 HR 5515 PCS given the term in Chief of Naval Operations Instruction 1 3050.27. 2 SEC. 1667. MULTIYEAR PROCUREMENT AUTHORITY FOR 3 STANDARD MISSILE–3 BLOCK IB MISSILES. 4 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.— 5 Subject to section 2306b of title 10, United States Code, 6 the Director of the Missile Defense Agency may enter into 7 one or more multiyear contracts, beginning with the 2019 8 program year, for the procurement of standard missile– 9 3 block IB missiles. 10 (b) CONDITION FOR OUT-YEAR CONTRACT PAY- 11 MENTS.—A contract entered into under subsection (a) 12 shall provide that any obligation of the United States to 13 make a payment under the contract for a fiscal year after 14 fiscal year 2019 is subject to the availability of appropria- 15 tions or funds for that purpose for such later fiscal year. 16 SEC. 1668. LIMITATION ON AVAILABILITY OF FUNDS FOR 17 ARMY LOWER TIER AIR AND MISSILE DE- 18 FENSE SENSOR. 19 (a) LIMITATION.—If the Secretary of the Army issues 20 an acquisition strategy for a 360-degree lower tier air and 21 missile defense sensor pursuant to section 1679(a) of the 22 National Defense Authorization Act for Fiscal Year 2018 23 (Public Law 115–91; 131 Stat. 1774) that proposes such 24 sensor achieve initial operating capability later than De- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01192 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1193 HR 5515 PCS cember 31, 2023, not more than 50 percent of the funds 1 authorized to be appropriated by this Act or otherwise 2 made available for fiscal year 2019 for such sensor may 3 be obligated or expended until the date on which the Sec- 4 retary submits to the congressional defense committees a 5 report— 6 (1) explaining the rationale of such delayed ini- 7 tial operating capability, including a description of 8 any technological or acquisition-related factors caus- 9 ing such delay; and 10 (2) containing a funding profile and schedule to 11 ensure that such sensor would achieve initial oper- 12 ating capability by December 31, 2023. 13 (b) PERFORMANCE SPECIFICATION.—The Secretary 14 shall ensure that the performance specification of the 360- 15 degree lower tier air and missile defense sensor— 16 (1) specifies requirements relating to— 17 (A) detecting and tracking complex attacks 18 from air breathing threats, tactical ballistic mis- 19 siles, and emerging hypersonic weapons; and 20 (B) being a key component of the future 21 integrated air and missile defense architecture 22 of the Army and supporting engagements for 23 the full range and capability of Patriot Ad- 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01193 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1194 HR 5515 PCS vanced Capability–3 missile segment enhance- 1 ment interceptors; and 2 (2) uses evaluation criteria that enables an un- 3 derstanding of the cost and value of procuring such 4 sensor in accordance with such specified require- 5 ments. 6 SEC. 1669. MISSILE DEFENSE RADAR IN HAWAII. 7 (a) SENSE OF CONGRESS.—It is the sense of Con- 8 gress that the Secretary of Defense, acting through the 9 Director of the Missile Defense Agency, and in coordina- 10 tion with relevant Federal and local entities, should— 11 (1) ensure an on-time or improved delivery 12 schedule of the discrimination radar for homeland 13 defense to be made operational in Hawaii; and 14 (2) accelerate the deployment of the radar as 15 much as possible, contingent on the environmental 16 review process pursuant to the National Environ- 17 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 18 (b) CERTIFICATION.—Not later than 45 days after 19 the date of the enactment of this Act, the Director of the 20 Missile Defense Agency shall certify to the congressional 21 defense committees that— 22 (1) the Director is on schedule to award the 23 contract for the discrimination radar for homeland 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01194 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1195 HR 5515 PCS defense planned to be located in Hawaii by Decem- 1 ber 31, 2018; and 2 (2) such radar and associated in-flight inter- 3 ceptor communications system data terminal will be 4 operational by not later than September 30, 2023. 5 (c) BRIEFINGS.— 6 (1) DELAYED SCHEDULE.—If the Director is 7 unable to certify under subsection (b) that the Di- 8 rector is on schedule to award the contract for the 9 discrimination radar for homeland defense planned 10 to be located in Hawaii by December 31, 2018, not 11 later than 45 days after the date of the enactment 12 of this Act, and on a biweekly basis thereafter until 13 the date of the award, the Director shall provide to 14 the Committees on Armed Services of the House of 15 Representatives and the Senate, and to any other 16 congressional defense committee upon request, a 17 briefing explaining— 18 (A) the rationale for the delay in such 19 schedule; and 20 (B) any effects of such delay in making 21 such radar and associated in-flight interceptor 22 communications system data terminal oper- 23 ational by not later than September 30, 2023. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01195 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1196 HR 5515 PCS (2) SEMIANNUAL.—Not later than 45 days 1 after the date of the enactment of this Act, and 2 semiannually thereafter through 2021, the Director 3 shall provide to the Committees on Armed Services 4 of the House of Representatives and the Senate, and 5 to any other congressional defense committee upon 6 request, a briefing on— 7 (A) the acquisition of the discrimination 8 radar for homeland defense planned to be lo- 9 cated in Hawaii and the associated in-flight in- 10 terceptor communications system data terminal; 11 and 12 (B) the environmental review process for 13 such radar pursuant to the National Environ- 14 mental Policy Act of 1969 (42 U.S.C. 4321 et 15 seq.). 16 SEC. 1670. REPORTS ON UNFUNDED PRIORITIES OF THE 17 MISSILE DEFENSE AGENCY. 18 (a) REPORTS.—Not later than 10 days after the date 19 on which the budget of the President for each of fiscal 20 years 2020 and 2021 is submitted to Congress pursuant 21 to section 1105 of title 31, United States Code, the Direc- 22 tor of the Missile Defense Agency shall submit to the Sec- 23 retary of Defense and the Chairman of the Joint Chiefs 24 of Staff, and to the congressional defense committees, a 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01196 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1197 HR 5515 PCS report on the unfunded priorities of the Missile Defense 1 Agency. 2 (b) ELEMENTS.— 3 (1) MATTERS INCLUDED.—Each report under 4 subsection (a) shall specify, for each unfunded pri- 5 ority covered by such report, the following: 6 (A) A summary description of such pri- 7 ority, including the objectives to be achieved if 8 such priority is funded (whether in whole or in 9 part). 10 (B) The additional amount of funds rec- 11 ommended in connection with the objectives 12 under subparagraph (A). 13 (C) Account information with respect to 14 such priority, including, as applicable— 15 (i) the line item number for applicable 16 procurement accounts; 17 (ii) the program element number for 18 applicable research, development, test, and 19 evaluation accounts; and 20 (iii) the sub-activity group for applica- 21 ble operation and maintenance accounts. 22 (2) PRIORITIZATION OF PRIORITIES.—Each re- 23 port under subsection (a) shall present the unfunded 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01197 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1198 HR 5515 PCS priorities covered by such report in order of urgency 1 of priority. 2 (c) UNFUNDED PRIORITY DEFINED.—In this section, 3 the term ‘‘unfunded priority’’, in the case of a fiscal year, 4 means a program, activity, or mission requirement of the 5 Missile Defense Agency that— 6 (1) is not funded in the budget of the President 7 for the fiscal year as submitted to Congress pursu- 8 ant to section 1105 of title 31, United States Code; 9 (2) is necessary to fulfill a requirement associ- 10 ated with an operational or contingency plan of a 11 combatant command or other validated requirement; 12 and 13 (3) would have been recommended for funding 14 through the budget referred to in paragraph (1) by 15 the Director of the Missile Defense Agency in con- 16 nection with the budget if— 17 (A) additional resources had been available 18 for the budget to fund the program, activity, or 19 mission requirement; or 20 (B) the program, activity, or mission re- 21 quirement has emerged since the budget was 22 formulated. 23 SEC. 1671. REPORT ON BALLISTIC MISSILE DEFENSE. 24 (a) FINDINGS.—Congress finds the following: 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01198 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1199 HR 5515 PCS (1) The Secretary of Defense is conducting a 1 ballistic missile defense review that will assess the 2 capabilities and requirements for homeland, regional, 3 and theater missile defense. 4 (2) This review will have significant implica- 5 tions for national security and potentially on re- 6 source prioritization and requirements. 7 (3) The review was initially expected to have 8 been completed by January but has been delayed 9 several months due to revisions and has not yet been 10 submitted to Congress. 11 (b) REPORT.—Not later than 30 days after the date 12 of the enactment of this Act, the Secretary of Defense 13 shall submit to the congressional defense committees a re- 14 port on ballistic missile defense that addresses the implica- 15 tions for planned programs of record, costs and resource 16 prioritization, and strategic stability. 17 (c) CBO REPORT ON COSTS RELATING TO BAL- 18 LISTIC, CRUISE, AND HYPERSONIC DEFENSES OF THE 19 UNITED STATES.— 20 (1) REPORT.—Not later than 1 year after the 21 date of the enactment of this Act, the Director of 22 the Congressional Budget Office shall submit to the 23 congressional defense committees a report setting 24 forth the following: 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01199 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1200 HR 5515 PCS (A) An estimate of the costs over the 10- 1 year period beginning on the date of the report 2 associated with— 3 (i) fielding and maintaining the cur- 4 rent and planned ballistic, cruise, and 5 hypersonic defenses of the United States; 6 and 7 (ii) implementing any new rec- 8 ommendations of the Ballistic Missile De- 9 fense Review with regard to ballistic, 10 cruise, and hypersonic defenses. 11 (B) An estimate of the costs to design, 12 launch, maintain, and operate space-based sen- 13 sors of different constellation sizes ranging 14 from limited to comprehensive. 15 (2) FORM.—The report under subsection (a) 16 shall be submitted in unclassified form, but may in- 17 clude a classified annex. 18 SEC. 1672. SENSE OF CONGRESS ON MISSILE AND ROCKET 19 DEFENSE COOPERATION BETWEEN THE 20 UNITED STATES AND ISRAEL. 21 (a) FINDINGS.—Congress finds the following: 22 (1) The United States and Israel signed a 23 Memorandum of Understanding on September 14, 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01200 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1201 HR 5515 PCS 2016, that covers the 10-year period beginning with 1 fiscal year 2019. 2 (2) The Memorandum of Understanding states 3 that the United States will provide annual funding 4 of $500,000,000 for cooperative programs to de- 5 velop, produce, and procure missile, rocket, and pro- 6 jectile defense capabilities to help Israel meet its se- 7 curity needs and to help develop and enhance the 8 missile defense capabilities of the United States. 9 (3) The Memorandum of Understanding further 10 states that Israel may seek additional missile de- 11 fense funding from the United States in exceptional 12 circumstances, as may be jointly agreed by the 13 United States and Israel. 14 (b) SENSE OF CONGRESS.—It is the sense of Con- 15 gress that— 16 (1) the strong and enduring relationship be- 17 tween the United States and Israel is in the national 18 security interest of both countries; and 19 (2) the September 2016 Memorandum of Un- 20 derstanding between the United States and Israel, 21 including the provisions of the memorandum relating 22 to missile and rocket defense cooperation, is a crit- 23 ical component of the bilateral relationship. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01201 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1202 HR 5515 PCS SEC. 1673. REPORT ON COUNTERMEASURES TEST PRO- 1 GRAM. 2 Not later than 60 days after the date of the enact- 3 ment of this Act, the Director of the Missile Defense 4 Agency shall submit to the congressional defense commit- 5 tees a report on the status of the countermeasures test 6 program. The report shall include an evaluation and re- 7 sponse to the 2010 report by the JASON Defense Advi- 8 sory Panel titled ‘‘MDA Discrimination’’, numbered JSR- 9 10.620, with regard to the recommendations of that report 10 on forming a countermeasures test program through an 11 independent agency to— 12 (1) challenge the countermeasure efforts of the 13 Missile Defense Agency; 14 (2) design countermeasures for the Missile De- 15 fense Agency; 16 (3) simulate such countermeasures against the 17 national missile defense; and 18 (4) as appropriate, in cooperation with the Di- 19 rector, build and test countermeasures in intercept 20 flight tests. 21 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01202 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1203 HR 5515 PCS Subtitle F—Other Matters 1 SEC. 1681. EXTENSION OF COMMISSION TO ASSESS THE 2 THREAT TO THE UNITED STATES FROM ELEC- 3 TROMAGNETIC PULSE ATTACKS AND SIMI- 4 LAR EVENTS. 5 Section 1691 of the National Defense Authorization 6 Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 7 1786) is amended— 8 (1) in subsection (e)— 9 (A) in paragraph (1)(A), by striking ‘‘April 10 1, 2019’’ and inserting ‘‘December 1, 2019’’; 11 and 12 (B) in paragraph (3), by striking ‘‘October 13 1, 2018’’ and inserting ‘‘March 1, 2019’’; and 14 (2) in subsection (h), by striking ‘‘October 1, 15 2019’’ and inserting ‘‘the date that is 180 days after 16 the date on which the Commission submits the re- 17 port under subsection (e)(1)’’. 18 SEC. 1682. PROCUREMENT OF AMMONIUM PERCHLORATE 19 AND OTHER CHEMICALS FOR USE IN SOLID 20 ROCKET MOTORS. 21 (a) BUSINESS CASE ANALYSIS.— 22 (1) GOVERNMENT-OWNED, CONTRACTOR OPER- 23 ATED.—The Secretary of the Army and the Deputy 24 Assistant Secretary of Defense for Manufacturing 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01203 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1204 HR 5515 PCS and Industrial Base Policy shall jointly conduct a 1 business case analysis of the Federal Government 2 using a Government-owned, contractor-operated 3 model to ensure a robust domestic industrial base to 4 supply specialty chemicals, including ammonium per- 5 chlorate, for use in solid rocket motors. Such anal- 6 ysis shall include assessments of the near- and long- 7 term costs, operating and sustainment costs, pro- 8 gram impacts, opportunities for competition, oppor- 9 tunities for redundant or complementary capabili- 10 ties, and national security implications of using such 11 a model. 12 (2) REPORT.—Not later than March 1, 2019, 13 the Secretary and the Deputy Assistant Secretary 14 shall submit to the congressional defense committees 15 the business case analysis conducted under para- 16 graph (1). 17 (b) FULL AND OPEN COMPETITION.— 18 (1) USE.—To the extent practicable, in award- 19 ing a contract for the sale of ammonium perchlorate 20 from retired solid rocket motors, the Secretary of 21 Defense shall use full and open competition (as de- 22 fined in section 107 of title 41, United States Code). 23 (2) NOTIFICATION.—If the Secretary awards a 24 contract for the sale of ammonium perchlorate from 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01204 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1205 HR 5515 PCS retired solid rocket motors using procedures that do 1 not include full and open competition, the Secretary 2 shall notify the congressional defense committees of 3 such award not later than 30 days after the date of 4 such award. 5 SEC. 1683. CONVENTIONAL PROMPT GLOBAL STRIKE 6 HYPERSONIC CAPABILITIES. 7 (a) VALIDATED REQUIREMENTS.—Not later than 8 November 30, 2018, the Secretary of Defense shall submit 9 to the congressional defense committees a validated re- 10 quirement for ground-, sea-, or air-launched (or a com- 11 bination thereof) conventional prompt global strike 12 hypersonic capabilities. 13 (b) REPORT.—Not later than January 31, 2019, the 14 Under Secretary of Defense for Acquisition and 15 Sustainment, in coordination with the Secretary of the 16 Navy and the Under Secretary of Defense for Policy, shall 17 submit to the congressional defense committees a report 18 that contains the following: 19 (1) A plan to deliver a conventional prompt 20 global strike weapon system that— 21 (A) is in accordance with section 1693 of 22 the National Defense Authorization Act for Fis- 23 cal Year 2018 (Public Law 115–91; 131 Stat. 24 1791); and 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01205 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1206 HR 5515 PCS (B) includes— 1 (i) options with cost estimates for ac- 2 celerating the initial capability for such 3 system; and 4 (ii) a description of policy decisions by 5 the Secretary of Defense that are nec- 6 essary to employ hypersonic offense capa- 7 bilities from each potential launch platform 8 of such system. 9 (2) Details with respect to the assessed level of 10 ambiguity and misinterpretation risk relating to the 11 conventional prompt global strike weapon system, in- 12 cluding such potential risks associated with warhead 13 ambiguity, platform ambiguity (including if adver- 14 sary sensors are degraded), perceptions of the sur- 15 vivability of strategic nuclear forces, and likely ad- 16 versary responses. 17 (3) A description of whether, when, and how 18 the Under Secretary would address the risks identi- 19 fied under paragraph (2) in developing and deploy- 20 ing the conventional prompt global strike weapon 21 system and in developing the concept of operations 22 for such system. 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01206 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1207 HR 5515 PCS SEC. 1684. REPORT REGARDING INDUSTRIAL BASE FOR 1 LARGE SOLID ROCKET MOTORS. 2 (a) REPORT.— 3 (1) IN GENERAL.—Not later than April 15, 4 2019, the Under Secretary of Defense for Acquisi- 5 tion and Sustainment, in consultation with the Sec- 6 retaries of the military departments that the Under 7 Secretary determines appropriate, shall submit to 8 the appropriate congressional committees a report 9 on whether, and if so, how, the Federal Government 10 will sustain more than one supplier for large solid 11 rocket motors. 12 (2) MATTERS INCLUDED.—The report under 13 paragraph (1) shall include an assessment of the fol- 14 lowing: 15 (A) The risks within the industrial base for 16 large solid rocket motors, including the risks to 17 national security. 18 (B) The near- and long-term costs associ- 19 ated with having a single source of large solid 20 rocket motors as compared to having more than 21 one such source. 22 (C) Options for sustaining more than one 23 supplier for large solid rocket motors, including 24 through leveraging— 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01207 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1208 HR 5515 PCS (i) the ground-based strategic deter- 1 rent program; 2 (ii) the Trident II D5 fleet ballistic 3 missile program; 4 (iii) the ground-based midcourse de- 5 fense program; 6 (iv) national security space launch 7 programs; 8 (v) programs of the National Aero- 9 nautics and Space Administration; and 10 (vi) any other applicable programs 11 that use or may use solid rocket motors of 12 any size, including with respect to substra- 13 tegic and tactical systems. 14 (b) BRIEFING.—Not later than November 30, 2018, 15 the Under Secretary shall provide to the Committees on 16 Armed Services of the House of Representatives and the 17 Senate, and to any other appropriate congressional com- 18 mittee upon request, a briefing on the industrial base for 19 large solid rocket motors. 20 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE- 21 FINED.—In this section, the term ‘‘appropriate congres- 22 sional committees’’ means the following: 23 (1) The congressional defense committees. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01208 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1209 HR 5515 PCS (2) The Committee on Science, Space, and 1 Technology and the Permanent Select Committee on 2 Intelligence of the House of Representatives. 3 (3) The Committee on Commerce, Science, and 4 Transportation and the Select Committee on Intel- 5 ligence of the Senate. 6 SEC. 1685. NATIONAL INTELLIGENCE ESTIMATE WITH RE- 7 SPECT TO RUSSIAN AND CHINESE INTER- 8 FERENCE IN DEMOCRATIC COUNTRIES. 9 Not later than 270 days after the date of the enact- 10 ment of this Act, the Director of National Intelligence 11 shall commission and produce a National Intelligence Esti- 12 mate, which may be submitted in classified form with an 13 unclassified summary, on Russian and Chinese inter- 14 ference in democratic countries around the world, includ- 15 ing the United States, that contains specific descriptions 16 of such interference. Not later than 60 days after the sub- 17 mission of the National Intelligence Estimate required 18 under this section, the Secretary of Defense shall report 19 to Congress on efforts of the Department of Defense to 20 deter such interference. Such report shall describe and as- 21 sess any actions taken by the Department, including co- 22 operation with other Federal agencies and other countries 23 to deter such interference. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01209 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1210 HR 5515 PCS DIVISION B—MILITARY CON- 1 STRUCTION AUTHORIZA- 2 TIONS 3 SEC. 2001. SHORT TITLE. 4 This division may be cited as the ‘‘Military Construc- 5 tion Authorization Act for Fiscal Year 2019’’. 6 SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND 7 AMOUNTS REQUIRED TO BE SPECIFIED BY 8 LAW. 9 (a) EXPIRATION OF AUTHORIZATIONS AFTER FIVE 10 YEARS.—Except as provided in subsection (b), all author- 11 izations contained in titles XXI through XXVII and title 12 XXIX for military construction projects, land acquisition, 13 family housing projects and facilities, and contributions to 14 the North Atlantic Treaty Organization Security Invest- 15 ment Program (and authorizations of appropriations 16 therefor) shall expire on the later of— 17 (1) October 1, 2023; or 18 (2) the date of the enactment of an Act author- 19 izing funds for military construction for fiscal year 20 2024. 21 (b) EXCEPTION.—Subsection (a) shall not apply to 22 authorizations for military construction projects, land ac- 23 quisition, family housing projects and facilities, and con- 24 tributions to the North Atlantic Treaty Organization Se- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01210 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1211 HR 5515 PCS curity Investment Program (and authorizations of appro- 1 priations therefor), for which appropriated funds have 2 been obligated before the later of— 3 (1) October 1, 2023; or 4 (2) the date of the enactment of an Act author- 5 izing funds for fiscal year 2024 for military con- 6 struction projects, land acquisition, family housing 7 projects and facilities, or contributions to the North 8 Atlantic Treaty Organization Security Investment 9 Program. 10 SEC. 2003. EFFECTIVE DATE. 11 Titles XXI through XXVII and title XXIX shall take 12 effect on the later of— 13 (1) October 1, 2018; or 14 (2) the date of the enactment of this Act. 15 TITLE XXI—ARMY MILITARY 16 CONSTRUCTION 17 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND 18 ACQUISITION PROJECTS. 19 (a) INSIDE THE UNITED STATES.—Using amounts 20 appropriated pursuant to the authorization of appropria- 21 tions in section 2103(a) and available for military con- 22 struction projects inside the United States as specified in 23 the funding table in section 7601, the Secretary of the 24 Army may acquire real property and carry out military 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01211 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1212 HR 5515 PCS construction projects for the installations or locations in- 1 side the United States, and in the amounts, set forth in 2 the following table: 3 Army: Inside the United States State Installation Amount Alabama ......................... Anniston Army Depot ........................................... $5,200,000 California ....................... Fort Irwin .............................................................. $29,000,000 Colorado ......................... Fort Carson ........................................................... $77,000,000 Georgia ........................... Fort Gordon .......................................................... $99,000,000 Indiana ........................... Crane Army Ammunition Plant ............................ $16,000,000 Kentucky ........................ Fort Campbell ....................................................... $50,000,000 Fort Knox .............................................................. $26,000,000 Maryland ........................ Fort Meade ............................................................ $16,500,000 New Jersey ..................... Picatinny Arsenal .................................................. $41,000,000 New Mexico .................... White Sands Missile Range ................................... $40,000,000 New York ....................... U.S. Military Academy .......................................... $160,000,000 North Carolina ............... Fort Bragg ............................................................ $10,000,000 South Carolina ............... Fort Jackson ......................................................... $52,000,000 Texas .............................. Fort Bliss .............................................................. $24,000,000 Fort Hood .............................................................. $9,600,000 (b) OUTSIDE THE UNITED STATES.—Using amounts 4 appropriated pursuant to the authorization of appropria- 5 tions in section 2103(a) and available for military con- 6 struction projects outside the United States as specified 7 in the funding table in section 7601, the Secretary of the 8 Army may acquire real property and carry out the military 9 construction project for the installations or locations out- 10 side the United States, and in the amount, set forth in 11 the following table: 12 Army: Outside the United States Country Installation Amount Germany ........................ East Camp Grafenwoehr ........................................ $31,000,000 Honduras ........................ Soto Cano Air Base ................................................ $21,000,000 Korea ............................... Camp Tango ........................................................... $17,500,000 Kuwait ............................. Camp Arifjan .......................................................... $44,000,000 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01212 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1213 HR 5515 PCS SEC. 2102. FAMILY HOUSING. 1 (a) CONSTRUCTION AND ACQUISITION.—Using 2 amounts appropriated pursuant to the authorization of ap- 3 propriations in section 2103(a) and available for military 4 family housing functions as specified in the funding table 5 in section 7601, the Secretary of the Army may construct 6 or acquire family housing units (including land acquisition 7 and supporting facilities) at the installations or locations, 8 in the number of units, and in the amounts set forth in 9 the following table: 10 Army: Family Housing State/Country Installation Units Amount Italy ......................... Vicenza .................... Family Housing New Construction ........ $95,134,000 Korea ....................... Camp Walker ........... Family Housing Re- placement Con- struction ............... $68,000,000 Puerto Rico .............. Fort Buchanan ........ Family Housing Re- placement Con- struction ............... $26,000,000 Wisconsin ................. Fort McCoy ............. Family Housing New Construction ........ $6,200,000 (b) PLANNING AND DESIGN.—Using amounts appro- 11 priated pursuant to the authorization of appropriations in 12 section 2103(a) and available for military family housing 13 functions as specified in the funding table in section 7601, 14 the Secretary of the Army may carry out architectural and 15 engineering services and construction design activities 16 with respect to the construction or improvement of family 17 housing units in an amount not to exceed $18,326,000. 18 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01213 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1214 HR 5515 PCS SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY. 1 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 2 are hereby authorized to be appropriated for fiscal years 3 beginning after September 30, 2018, for military con- 4 struction, land acquisition, and military family housing 5 functions of the Department of the Army as specified in 6 the funding table in section 7601. 7 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION 8 PROJECTS.—Notwithstanding the cost variations author- 9 ized by section 2853 of title 10, United States Code, and 10 any other cost variation authorized by law, the total cost 11 of all projects carried out under section 2101 of this Act 12 may not exceed the total amount authorized to be appro- 13 priated under subsection (a), as specified in the funding 14 table in section 7601. 15 SEC. 2104. EXTENSION OF AUTHORIZATIONS OF CERTAIN 16 FISCAL YEAR 2015 PROJECTS. 17 (a) EXTENSION.—Notwithstanding section 2002 of 18 the Military Construction Authorization Act for Fiscal 19 Year 2015 (division B of Public Law 113–291; 128 Stat. 20 3669), the authorizations set forth in the table in sub- 21 section (b), as provided in section 2101 of that Act (128 22 Stat. 3670), shall remain in effect until October 1, 2019, 23 or the date of the enactment of an Act authorizing funds 24 for military construction for fiscal year 2020, whichever 25 is later. 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01214 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1215 HR 5515 PCS (b) TABLE.—The table referred to in subsection (a) 1 is as follows: 2 Army: Extension of 2015 Project Authorization State/Country Installation Project Amount California ................. Military Ocean Ter- minal, Concord. Access Control Point $9,900,000 Japan ....................... Kadena Air Base ..... Missile Magazine ..... $10,600,000 TITLE XXII—NAVY MILITARY 3 CONSTRUCTION 4 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND 5 ACQUISITION PROJECTS. 6 (a) INSIDE THE UNITED STATES.—Using amounts 7 appropriated pursuant to the authorization of appropria- 8 tions in section 2204(a) and available for military con- 9 struction projects inside the United States as specified in 10 the funding table in section 7601, the Secretary of the 11 Navy may acquire real property and carry out military 12 construction projects for the installations or locations in- 13 side the United States, and in the amounts, set forth in 14 the following table: 15 Navy: Inside the United States State Installation or Location Amount Arizona ...................... Camp Navajo ................................................ $14,800,000 California ................... Marine Corps Base Camp Pendleton ........... $127,930,000 Marine Corps Air Station Miramar ............. $31,980,000 Naval Air Station Lemoore .......................... $127,590,000 Naval Base Coronado ................................... $156,580,000 Naval Base San Diego ................................. $176,040,000 Naval Base Ventura ..................................... $53,160,000 Naval Weapons Station Seal Beach ............. $139,630,000 District of Columbia .. Naval Observatory ........................................ $115,600,000 Florida ....................... Naval Air Station Whiting Field ................. $10,000,000 Naval Station Mayport ................................ $111,460,000 Georgia ...................... Marine Corps Logistics Base Albany ........... $31,900,000 Guam ......................... Joint Region Marianas ................................. $355,257,000 Hawaii ....................... Joint Base Pearl Harbor-Hickam ................ $123,320,000 Marine Corps Base Hawaii .......................... $66,100,000 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01215 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1216 HR 5515 PCS Navy: Inside the United States—Continued State Installation or Location Amount Maine ......................... Portsmouth Naval Yard ............................... $149,685,000 Mississippi ................. Naval Construction Battalion Center .......... $22,300,000 North Carolina .......... Marine Corps Base Camp Lejeune .............. $51,300,000 Marine Corps Air Station Cherry Point ...... $240,830,000 Pennsylvania .............. Naval Support Activity Philadelphia ........... $71,050,000 South Carolina ........... Marine Corps Air Station Beaufort ............. $15,817,000 Marine Corps Recruit Depot, Parris Island $35,190,000 Utah ........................... Hill Air Force Base ..................................... $105,520,000 Virginia ...................... Marine Corps Base Quantico ....................... $13,100,000 Norfolk Naval Shipyard ............................... $26,120,000 Washington ................ Naval Base Kitsap ....................................... $88,960,000 Naval Air Station Whidbey Island ............... $27,380,000 (b) OUTSIDE THE UNITED STATES.—Using amounts 1 appropriated pursuant to the authorization of appropria- 2 tions in section 2204(a) and available for military con- 3 struction projects outside the United States as specified 4 in the funding table in section 7601, the Secretary of the 5 Navy may acquire real property and carry out military 6 construction projects for the installation or location out- 7 side the United States, and in the amounts, set forth in 8 the following table: 9 Navy: Outside the United States Country Installation or Location Amount Bahamas .................... Andros Island ............................................... $31,050,000 Bahrain .................... SW Asia ....................................................... $26,340,000 Cuba .......................... Naval Station Guantanamo Bay .................. $104,700,000 Germany .................... Panzer Kaserne ............................................ $43,950,000 Japan ......................... Kadena Air Base .......................................... $9,049,000 SEC. 2202. FAMILY HOUSING. 10 (a) CONSTRUCTION AND ACQUISITION.—Using 11 amounts appropriated pursuant to the authorization of ap- 12 propriations in section 2204(a) and available for military 13 family housing functions as specified in the funding table 14 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01216 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1217 HR 5515 PCS in section 7601, the Secretary of the Navy may construct 1 or acquire family housing units (including land acquisition 2 and supporting facilities) at the installations or locations, 3 in the number of units, and in the amounts set forth in 4 the following table: 5 Navy: Family Housing Country Installation Units Amount Guam ....................... Joint Region Mari- anas ...................... Replace Andersen Housing PH III ... $83,441,000 (b) PLANNING AND DESIGN.—Using amounts appro- 6 priated pursuant to the authorization of appropriations in 7 section 2204(a) and available for military family housing 8 functions as specified in the funding table in section 7601, 9 the Secretary of the Navy may carry out architectural and 10 engineering services and construction design activities 11 with respect to the construction or improvement of family 12 housing units in an amount not to exceed $4,502,000. 13 SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING 14 UNITS. 15 Subject to section 2825 of title 10, United States 16 Code, and using amounts appropriated pursuant to the 17 authorization of appropriations in section 2204(a) and 18 available for military family housing functions as specified 19 in the funding table in section 7601, the Secretary of the 20 Navy may improve existing military family housing units 21 in an amount not to exceed $16,638,000. 22 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01217 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1218 HR 5515 PCS SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 1 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 2 are hereby authorized to be appropriated for fiscal years 3 beginning after September 30, 2018, for military con- 4 struction, land acquisition, and military family housing 5 functions of the Department of the Navy, as specified in 6 the funding table in section 7601. 7 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION 8 PROJECTS.—Notwithstanding the cost variations author- 9 ized by section 2853 of title 10, United States Code, and 10 any other cost variation authorized by law, the total cost 11 of all projects carried out under section 2201 of this Act 12 may not exceed the total amount authorized to be appro- 13 priated under subsection (a), as specified in the funding 14 table in section 7601. 15 TITLE XXIII—AIR FORCE 16 MILITARY CONSTRUCTION 17 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND 18 LAND ACQUISITION PROJECTS. 19 (a) INSIDE THE UNITED STATES.—Using amounts 20 appropriated pursuant to the authorization of appropria- 21 tions in section 2304(a) and available for military con- 22 struction projects inside the United States as specified in 23 the funding table in section 7601, the Secretary of the 24 Air Force may acquire real property and carry out mili- 25 tary construction projects for the installations or locations 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01218 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1219 HR 5515 PCS inside the United States, and in the amounts, set forth 1 in the following table: 2 Air Force: Inside the United States State Installation or Location Amount Alaska .................................... Eielson Air Force Base .............. $63,800,000 Arizona .................................. Davis Monthan Air Force Base $15,000,000 Luke Air Force Base ................. $40,000,000 Arkansas ................................ Little Rock Air Force Base ....... $26,000,000 Florida ................................... Eglin Air Force Base ................. $62,863,000 MacDill Air Force Base ............. $3,100,000 Patrick Air Force Base .............. $9,000,000 Guam ..................................... Joint Region Marianas ............... $9,800,000 Louisiana ............................... Barksdale Air Force Base .......... $12,250,000 Mariana Islands ..................... Tinian ......................................... $50,700,000 Maryland ............................... Joint Base Andrews ................... $58,000,000 Massachusetts ........................ Hanscom Air Force Base ........... $225,000,000 Nebraska ............................... Offutt Air Force Base ................ $9,500,000 Nevada ................................... Creech Air Force Base ............... $59,000,000 Nellis Air Force Base ................. $5,900,000 New Mexico ........................... Holloman Air Force Base .......... $85,000,000 Kirtland Air Force Base ............ $7,000,000 New York ............................... Rome Lab ................................... $14,200,000 North Dakota ........................ Minot Air Force Base ................ $66,000,000 Ohio ....................................... Wright-Patterson Air Force Base. $182,000,000 Oklahoma ............................... Altus Air Force Base ................. $12,000,000 Tinker Air Force Base ............... $166,000,000 South Carolina ...................... Shaw Air Force Base ................. $53,000,000 Utah ....................................... Hill Air Force Base ................... $26,000,000 Washington ............................ Fairchild-White Bluff ................. $14,000,000 (b) OUTSIDE THE UNITED STATES.—Using amounts 3 appropriated pursuant to the authorization of appropria- 4 tions in section 2304(a) and available for military con- 5 struction projects outside the United States as specified 6 in the funding table in section 7601, the Secretary of the 7 Air Force may acquire real property and carry out mili- 8 tary construction projects for the installation or location 9 outside the United States, and in the amount, set forth 10 in the following table: 11 Air Force: Outside the United States Country Installation or Location Amount United Kingdom ....................... Royal Air Force Lakenheath .. $148,467,000 Worldwide Classified ................ Classified Location .................. $18,000,000 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01219 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1220 HR 5515 PCS SEC. 2302. FAMILY HOUSING. 1 Using amounts appropriated pursuant to the author- 2 ization of appropriations in section 2304(a) and available 3 for military family housing functions as specified in the 4 funding table in section 7601, the Secretary of the Air 5 Force may carry out architectural and engineering serv- 6 ices and construction design activities with respect to the 7 construction or improvement of family housing units in an 8 amount not to exceed $3,199,000. 9 SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING 10 UNITS. 11 Subject to section 2825 of title 10, United States 12 Code, and using amounts appropriated pursuant to the 13 authorization of appropriations in section 2304(a) and 14 available for military family housing functions as specified 15 in the funding table in section 7601, the Secretary of the 16 Air Force may improve existing military family housing 17 units in an amount not to exceed $75,247,000. 18 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR 19 FORCE. 20 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 21 are hereby authorized to be appropriated for fiscal years 22 beginning after September 30, 2018, for military con- 23 struction, land acquisition, and military family housing 24 functions of the Department of the Air Force, as specified 25 in the funding table in section 7601. 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01220 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1221 HR 5515 PCS (b) LIMITATION ON TOTAL COST OF CONSTRUCTION 1 PROJECTS.—Notwithstanding the cost variations author- 2 ized by section 2853 of title 10, United States Code, and 3 any other cost variation authorized by law, the total cost 4 of all projects carried out under section 2301 of this Act 5 may not exceed the total amount authorized to be appro- 6 priated under subsection (a), as specified in the funding 7 table in section 7601. 8 SEC. 2305. MODIFICATION OF AUTHORITY TO CARRY OUT 9 CERTAIN PHASED PROJECT AUTHORIZED IN 10 FISCAL YEARS 2015, 2016, AND 2017. 11 In the case of the authorization contained in the table 12 in section 2301(b) of the Military Construction Authoriza- 13 tion Act for Fiscal Year 2015 (division B of Public Law 14 113-291; 128 Stat. 3679) for Royal Air Force Croughton 15 for JIAC Consolidation Phase 1, the authorization con- 16 tained in the table in section 2301(b) of the Military Con- 17 struction Authorization Act for Fiscal Year 2016 (division 18 B of Public Law 114-92; 129 Stat. 1153) for Croughton 19 Royal Air Force for JIAC Consolidation Phase 2, and the 20 authorization contained in the table in section 2301(b) of 21 the Military Construction Authorization Act for Fiscal 22 Year 2017 (division B of Public Law 114-328; 130 Stat. 23 2697) for Royal Air Force Croughton for JIAC Consolida- 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01221 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1222 HR 5515 PCS tion Phase 3, the location shall be United Kingdom, Un- 1 specified. 2 SEC. 2306. MODIFICATION OF AUTHORITY TO CARRY OUT 3 CERTAIN FISCAL YEAR 2017 PROJECT. 4 In the case of the authorization contained in the table 5 in section 2301(a) of the Military Construction Authoriza- 6 tion Act for Fiscal Year 2017 (division B of Public Law 7 114-328; 130 Stat. 2696) for Joint Base San Antonio, 8 Texas, for construction of a basic military training recruit 9 dormitory, the Secretary of the Air Force may construct 10 a 26,537 square meter dormitory in the amount of 11 $92,300,000. 12 SEC. 2307. MODIFICATION OF AUTHORITY TO CARRY OUT 13 CERTAIN FISCAL YEAR 2018 PROJECT. 14 In the case of the authorization contained in the table 15 in section 2301(a) of the Military Construction Authoriza- 16 tion Act for Fiscal Year 2018 (division B of Public Law 17 115-91; 131 Stat. 1825) for the United States Air Force 18 Academy, Colorado, for construction of a cyberworks facil- 19 ity, the Secretary of the Air Force may construct a facility 20 of up to 4,000 square meters. 21 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01222 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1223 HR 5515 PCS SEC. 2308. ADDITIONAL AUTHORITY TO CARRY OUT CER- 1 TAIN FISCAL YEAR 2019 PROJECTS. 2 (a) PROJECT AUTHORIZATIONS.—The Secretary of 3 the Air Force may carry out military construction projects 4 to construct— 5 (1) a 6,702 square meter Joint Simulation En- 6 vironment Facility at Edwards Air Force Base, Cali- 7 fornia, in the amount of $43,000,000; 8 (2) a 4,833 square meter Cyberspace Test Fa- 9 cility at Eglin Air Force Base, Florida, in the 10 amount of $38,000,000; and 11 (3) a 4,735 square meter Joint Simulation En- 12 vironment Facility at Nellis Air Force Base, Nevada, 13 in the amount of $30,000,000. 14 (b) USE OF RESEARCH, DEVELOPMENT, TEST, AND 15 EVALUATION FUNDS.—As provided for in the Defense 16 Laboratory Modernization Pilot Program authorized by 17 section 2803 of the Military Construction Authorization 18 Act for Fiscal Year 2016 (10 U.S.C. 2358 note), the Sec- 19 retary may use funds available for research, development, 20 test, and evaluation for the projects described in sub- 21 section (a). 22 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01223 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1224 HR 5515 PCS SEC. 2309. ADDITIONAL AUTHORITY TO CARRY OUT 1 PROJECT AT TRAVIS AIR FORCE BASE, CALI- 2 FORNIA, IN FISCAL YEAR 2019. 3 The Secretary of the Air Force may carry out a mili- 4 tary construction project to construct a 150,000 square 5 foot high-bay air cargo pallet storage and marshaling en- 6 closure integral to installation of a mechanized material 7 handling system at Travis Air Force Base, California, in 8 the amount of $35,000,000. 9 TITLE XXIV—DEFENSE AGEN- 10 CIES MILITARY CONSTRUC- 11 TION 12 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC- 13 TION AND LAND ACQUISITION PROJECTS. 14 (a) INSIDE THE UNITED STATES.—Using amounts 15 appropriated pursuant to the authorization of appropria- 16 tions in section 2403(a) and available for military con- 17 struction projects inside the United States as specified in 18 the funding table in section 7601, the Secretary of De- 19 fense may acquire real property and carry out military 20 construction projects for the installations or locations in- 21 side the United States, and in the amounts, set forth in 22 the following table: 23 Defense Agencies: Inside the United States State Installation or Location Amount Alaska ......................................... Clear Air Force Station .......................... $174,000,000 Joint Base Elmendorf-Richardson .......... $14,000,000 Arkansas .................................... Little Rock Air Force Base ..................... $14,000,000 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01224 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1225 HR 5515 PCS Defense Agencies: Inside the United States—Continued State Installation or Location Amount California .................................... Marine Corps Base Camp Pendleton ...... $12,596,000 Defense Distribution Depot-Tracy .......... $18,800,000 Naval Base Coronado .............................. $71,088,000 Colorado ..................................... Fort Carson ............................................. $24,297,000 Conus Classified ......................... Classified Location .................................. $49,222,000 Kentucky .................................... Fort Campbell ......................................... $82,298,000 Maine .......................................... Kittery ..................................................... $11,600,000 Maryland .................................... Fort Meade .............................................. $805,000,000 Missouri ...................................... St. Louis .................................................. $447,800,000 New Jersey ............................... Joint Base McGuire-Dix-Lakehurst ........ $10,200,000 North Carolina .......................... Fort Bragg .............................................. $32,366,000 Marine Corps Air Station New River ...... $32,580,000 Oklahoma ................................... McAlester ................................................. $7,000,000 Texas .......................................... Joint Base San Antonio .......................... $10,200,000 Red River Army Depot ............................ $71,500,000 Virginia ...................................... Fort A.P. Hill .......................................... $11,734,000 Fort Belvoir ............................................. $6,127,000 Humphreys Engineer Center .................. $20,257,000 Joint Base Langley-Eustis ...................... $12,700,000 Pentagon ................................................. $35,850,000 Training Center Dam Neck .................... $8,959,000 Washington ................................ Joint Base Lewis-McChord ..................... $26,200,000 (b) OUTSIDE THE UNITED STATES.—Using amounts 1 appropriated pursuant to the authorization of appropria- 2 tions in section 2403(a) and available for military con- 3 struction projects outside the United States as specified 4 in the funding table in section 7601, the Secretary of De- 5 fense may acquire real property and carry out military 6 construction projects for the installations or locations out- 7 side the United States, and in the amounts, set forth in 8 the following table: 9 Defense Agencies: Outside the United States Country Installation or Location Amount Belgium ......................... Chievres Air Base ................................................. $14,305,000 Cuba .............................. Naval Station Guantanamo Bay .......................... $9,080,000 Germany ........................ Baumholder .......................................................... $11,504,000 Kaiserslautern Air Base ....................................... $99,955,000 Wiesbaden ............................................................. $56,048,000 Japan ............................ Camp McTureous ................................................. $94,851,000 Iwakuni ................................................................. $33,200,000 Kadena Air Base .................................................. $21,400,000 Yokosuka .............................................................. $170,386,000 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01225 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1226 HR 5515 PCS SEC. 2402. AUTHORIZED ENERGY CONSERVATION 1 PROJECTS. 2 Using amounts appropriated pursuant to the author- 3 ization of appropriations in section 2403(a) and available 4 for energy conservation projects as specified in the funding 5 table in section 7601, the Secretary of Defense may carry 6 out energy conservation projects under chapter 173 of title 7 10, United States Code, in the amount set forth in the 8 table. 9 SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DE- 10 FENSE AGENCIES. 11 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 12 are hereby authorized to be appropriated for fiscal years 13 beginning after September 30, 2018, for military con- 14 struction, land acquisition, and military family housing 15 functions of the Department of Defense (other than the 16 military departments), as specified in the funding table 17 in section 7601. 18 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION 19 PROJECTS.—Notwithstanding the cost variations author- 20 ized by section 2853 of title 10, United States Code, and 21 any other cost variation authorized by law, the total cost 22 of all projects carried out under section 2401 of this Act 23 may not exceed the total amount authorized to be appro- 24 priated under subsection (a), as specified in the funding 25 table in section 7601. 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01226 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1227 HR 5515 PCS SEC. 2404. EXTENSION OF AUTHORIZATIONS OF CERTAIN 1 FISCAL YEAR 2015 PROJECTS. 2 (a) EXTENSION.—Notwithstanding section 2002 of 3 the Military Construction Authorization Act for Fiscal 4 Year 2015 (division B of Public Law 113–291; 128 Stat. 5 3669), the authorizations set forth in the table in sub- 6 section (b), as provided in section 2401 of that Act (128 7 Stat. 3681) and as amended by section 2406 of the Mili- 8 tary Construction Authorization Act for Fiscal Year 2018 9 (division B of Public Law 115–91; 131 Stat. 1831), shall 10 remain in effect until October 1, 2019, or the date of the 11 enactment of an Act authorizing funds for military con- 12 struction for fiscal year 2020, whichever is later. 13 (b) TABLE.—The table referred to in subsection (a) 14 is as follows: 15 Defense Agencies: Extension of 2015 Project Authorizations State/Country Installation or Location Project Amount Japan .............. Commander Fleet Ac- tivities Sasebo ........... E.J. King High School Replace- ment/Renovation .... $37,681,000 Japan .............. Okinawa ........................ Kubasaki High School Replacement/Ren- ovation ................... $99,420,000 New Mexico ..... Cannon AFB ................. SOF Squadron Oper- ations Facility (STS) ..................... $23,333,000 Virginia ........... Pentagon ....................... Redundant Chilled Water Loop ............ $15,100,000 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01227 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1228 HR 5515 PCS TITLE XXV—INTERNATIONAL 1 PROGRAMS 2 Subtitle A—North Atlantic Treaty 3 Organization Security Invest- 4 ment Program 5 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND 6 ACQUISITION PROJECTS. 7 The Secretary of Defense may make contributions for 8 the North Atlantic Treaty Organization Security Invest- 9 ment Program as provided in section 2806 of title 10, 10 United States Code, in an amount not to exceed the sum 11 of the amount authorized to be appropriated for this pur- 12 pose in section 2502 and the amount collected from the 13 North Atlantic Treaty Organization as a result of con- 14 struction previously financed by the United States. 15 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 16 Funds are hereby authorized to be appropriated for 17 fiscal years beginning after September 30, 2018, for con- 18 tributions by the Secretary of Defense under section 2806 19 of title 10, United States Code, for the share of the United 20 States of the cost of projects for the North Atlantic Treaty 21 Organization Security Investment Program authorized by 22 section 2501 as specified in the funding table in section 23 7601. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01228 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1229 HR 5515 PCS Subtitle B—Host Country In-Kind 1 Contributions 2 SEC. 2511. REPUBLIC OF KOREA FUNDED CONSTRUCTION 3 PROJECTS. 4 Pursuant to agreement with the Republic of Korea 5 for required in-kind contributions, the Secretary of De- 6 fense may accept military construction projects for the in- 7 stallations or locations, and in the amounts, set forth in 8 the following table: 9 Republic of Korea Funded Construction Projects Country Compo- nent Installation or Location Project Amount Korea ..... Army ...... Camp Carroll Upgrade Electrical Distribu- tion, Phase 2 ................... $52,000,000 Army ...... Camp Hum- phreys ....... Site Development ................ $7,800,000 Army ...... Camp Hum- phreys ....... Air Support Operations Squadron ......................... $25,000,000 Army ...... Camp Hum- phreys ....... Unaccompanied Enlisted Personnel Housing, P2 ... $76,000,000 Army ...... Camp Hum- phreys ....... Echelon Above Brigade En- gineer Battalion, VMF .... $123,000,000 Army ...... Camp Walker Repair/Replace Sewer Pip- ing System ...................... $8,000,000 Navy ...... Chinhae ........ Indoor Training Pool .......... $7,400,000 Navy ...... Pohang Air Base .......... Replace Ordnance Storage Magazines ........................ $87,000,000 Air Force Gimhae Air Base .......... Airfield Damage Repair Warehouse ....................... $7,600,000 Air Force Gwangju Air Base .......... Airfield Damage Repair Warehouse ....................... $7,600,000 Air Force Kunsan Air Base .......... Explosive Ordnance Dis- posal Facility ................... $8,000,000 Air Force Kunsan Air Base .......... Upgrade Flow-Through Fuel System .................... $23,000,000 Air Force Osan Air Base .......... 5th Reconnaissance Squad- ron Aircraft Shelter ........ $12,000,000 Air Force Osan Air Base .......... Airfield Damage Repair Fa- cility ................................ $22,000,000 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01229 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1230 HR 5515 PCS Republic of Korea Funded Construction Projects—Continued Country Compo- nent Installation or Location Project Amount Air Force Osan Air Base .......... Communications HQ Build- ing ................................... $45,000,000 Air Force Suwon Air Base .......... Airfield Damage Repair Warehouse ....................... $7,200,000 TITLE XXVI—GUARD AND 1 RESERVE FORCES FACILITIES 2 Subtitle A—Project Authorizations 3 and Authorization of Appropria- 4 tions 5 SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CON- 6 STRUCTION AND LAND ACQUISITION 7 PROJECTS. 8 Using amounts appropriated pursuant to the author- 9 ization of appropriations in section 2606 and available for 10 the National Guard and Reserve as specified in the fund- 11 ing table in section 7601, the Secretary of the Army may 12 acquire real property and carry out military construction 13 projects for the Army National Guard locations inside the 14 United States, and in the amounts, set forth in the fol- 15 lowing table: 16 Army National Guard State Location Amount Alaska ............................ Joint Base Elmendorf-Richardson ....................... $27,000,000 Illinois ............................ Marseilles Training Center ................................... $5,000,000 Montana ........................ Malta .................................................................... $15,000,000 Nevada .......................... North Las Vegas .................................................. $32,000,000 New Hampshire ............ Pembroke .............................................................. $12,000,000 North Dakota ................ Fargo .................................................................... $32,000,000 Ohio ............................... Camp Ravenna ..................................................... $7,400,000 Oklahoma ...................... Lexington ............................................................. $11,000,000 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01230 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1231 HR 5515 PCS Army National Guard—Continued State Location Amount South Dakota ................ Rapid City ............................................................ $15,000,000 SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION 1 AND LAND ACQUISITION PROJECTS. 2 Using amounts appropriated pursuant to the author- 3 ization of appropriations in section 2606 and available for 4 the National Guard and Reserve as specified in the fund- 5 ing table in section 7601, the Secretary of the Army may 6 acquire real property and carry out military construction 7 projects for the Army Reserve locations inside the United 8 States, and in the amounts, set forth in the following 9 table: 10 Army Reserve: Inside the United States State Location Amount California ....................... Fort Irwin ............................................................ $34,000,000 Washington ................... Yakima Training Center ...................................... $23,000,000 Wisconsin ...................... Fort McCoy .......................................................... $23,000,000 SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE 11 CORPS RESERVE CONSTRUCTION AND LAND 12 ACQUISITION PROJECTS. 13 Using amounts appropriated pursuant to the author- 14 ization of appropriations in section 2606 and available for 15 the National Guard and Reserve as specified in the fund- 16 ing table in section 7601, the Secretary of the Navy may 17 acquire real property and carry out military construction 18 projects for the Navy Reserve and Marine Corps Reserve 19 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01231 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1232 HR 5515 PCS locations inside the United States, and in the amounts, 1 set forth in the following table: 2 Navy Reserve and Marine Corps Reserve State Location Amount California ....................... Naval Weapons Station Seal Beach ..................... $21,740,000 Georgia .......................... Fort Benning ........................................................ $13,630,000 SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUC- 3 TION AND LAND ACQUISITION PROJECTS. 4 Using amounts appropriated pursuant to the author- 5 ization of appropriations in section 2606 and available for 6 the National Guard and Reserve as specified in the fund- 7 ing table in section 7601, the Secretary of the Air Force 8 may acquire real property and carry out military construc- 9 tion projects for the Air National Guard locations inside 10 the United States, and in the amounts, set forth in the 11 following table: 12 Air National Guard State Location Amount California ....................... Channel Islands Air National Guard Station ...... $8,000,000 Hawaii ........................... Joint Base Pearl Harbor-Hickam ........................ $17,000,000 Illinois ............................ Greater Peoria Regional Airport .......................... $9,000,000 Louisiana ....................... Naval Air Station Joint Reserve Base New Orle- ans. $39,000,000 Minnesota ...................... Duluth International Airport ............................... $8,000,000 Montana ........................ Great Falls International Airport ........................ $9,000,000 New York ...................... Francis S. Gabreski Airport ................................. $20,000,000 Ohio ............................... Mansfield Lahm Airport ...................................... $13,000,000 Rickenbacker International Airport ..................... $8,000,000 Pennsylvania ................. Fort Indiantown Gap ........................................... $8,000,000 Virginia ......................... Joint Base Langley-Eustis ................................... $10,000,000 SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUC- 13 TION AND LAND ACQUISITION PROJECTS. 14 Using amounts appropriated pursuant to the author- 15 ization of appropriations in section 2606 and available for 16 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01232 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1233 HR 5515 PCS the National Guard and Reserve as specified in the fund- 1 ing table in section 7601, the Secretary of the Air Force 2 may acquire real property and carry out military construc- 3 tion projects for the Air Force Reserve locations inside 4 the United States, and in the amounts, set forth in the 5 following table: 6 Air Force Reserve State Location Amount Florida ........................... Patrick Air Force Base ........................................ $24,000,000 Indiana .......................... Grissom Air Reserve Base .................................... $21,500,000 Massachusetts ............... Westover Air Reserve Base .................................. $42,600,000 Minnesota ...................... Minneapolis-St. Paul International Airport ......... $9,000,000 Mississippi ..................... Keesler Air Force Base ........................................ $4,550,000 New York ...................... Niagara Falls International Airport .................... $14,000,000 Ohio ............................... Youngstown Air Reserve Station ......................... $8,800,000 Texas ............................. Naval Air Station Joint Reserve Base Fort Worth. $3,100,000 SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NA- 7 TIONAL GUARD AND RESERVE. 8 Funds are hereby authorized to be appropriated for 9 fiscal years beginning after September 30, 2018, for the 10 costs of acquisition, architectural and engineering services, 11 and construction of facilities for the Guard and Reserve 12 Forces, and for contributions therefor, under chapter 13 1803 of title 10, United States Code (including the cost 14 of acquisition of land for those facilities), as specified in 15 the funding table in section 7601. 16 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01233 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1234 HR 5515 PCS Subtitle B—Other Matters 1 SEC. 2611. MODIFICATION OF AUTHORITY TO CARRY OUT 2 CERTAIN FISCAL YEAR 2016 PROJECT. 3 In the case of the authorization contained in the table 4 in section 2603 of the Military Construction Authorization 5 Act for Fiscal Year 2016 (division B of Public Law 114– 6 92; 129 Stat. 1164) for construction of a Reserve Train- 7 ing Center Complex at Dam Neck, Virginia, the Secretary 8 of the Navy may construct the Reserve Training Center 9 Complex at Joint Expeditionary Base Little Creek-Story, 10 Virginia. 11 SEC. 2612. MODIFICATION OF AUTHORITY TO CARRY OUT 12 CERTAIN FISCAL YEAR 2018 PROJECT. 13 In the case of the authorization contained in the table 14 in section 2601 of the Military Construction Authorization 15 Act for Fiscal Year 2018 (division B of Public Law 115- 16 91; 131 Stat. 1834) for Fort Belvoir, Virginia, for addi- 17 tions and alterations to the National Guard Readiness 18 Center, the Secretary of the Army may construct a new 19 readiness center. 20 SEC. 2613. ADDITIONAL AUTHORITY TO CARRY OUT CER- 21 TAIN FISCAL YEAR 2019 PROJECT. 22 (a) PROJECT AUTHORIZATION.— 23 (1) PROJECT.—The Secretary of the Navy may 24 carry out a military construction project to construct 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01234 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1235 HR 5515 PCS a 50,000 square foot reserve training center, 6,600 1 square foot combat vehicle maintenance and storage 2 facility, 2,400 square foot vehicle wash rack, 1,600 3 square foot covered training area, road improve- 4 ments, and associated supporting facilities. 5 (2) ACQUISITION OF LAND.—As part of the 6 project under this subsection, the Secretary may ac- 7 quire approximately 8.5 acres of adjacent land and 8 obtain necessary interest in land at Pittsburgh, 9 Pennsylvania, for the construction and operation of 10 the reserve training center. 11 (3) AMOUNT OF AUTHORIZATION.—The total 12 amount of funds the Secretary may obligate and ex- 13 pend on activities under this subsection during fiscal 14 year 2019 may not exceed $17,650,000. 15 (b) USE OF UNOBLIGATED PRIOR-YEAR NAVY MILI- 16 TARY CONSTRUCTION RESERVE FUNDS.—The Secretary 17 may use available, unobligated Navy military construction 18 reserve funds for the project described in subsection (a). 19 (c) CONGRESSIONAL NOTIFICATION.—The Secretary 20 of the Navy shall provide information in accordance with 21 section 2851(c) of title 10, United States Code, regarding 22 the project described in subsection (a). If it becomes nec- 23 essary to exceed the estimated project cost, the Secretary 24 shall utilize the authority provided by section 2853 of such 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01235 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1236 HR 5515 PCS title regarding authorized cost and scope of work vari- 1 ations. 2 TITLE XXVII—BASE REALIGN- 3 MENT AND CLOSURE ACTIVI- 4 TIES 5 SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR 6 BASE REALIGNMENT AND CLOSURE ACTIVI- 7 TIES FUNDED THROUGH DEPARTMENT OF 8 DEFENSE BASE CLOSURE ACCOUNT. 9 Funds are hereby authorized to be appropriated for 10 fiscal years beginning after September 30, 2018, for base 11 realignment and closure activities, including real property 12 acquisition and military construction projects, as author- 13 ized by the Defense Base Closure and Realignment Act 14 of 1990 (part A of title XXIX of Public Law 101-510; 15 10 U.S.C. 2687 note) and funded through the Department 16 of Defense Base Closure Account established by section 17 2906 of such Act (as amended by section 2711 of the Mili- 18 tary Construction Authorization Act for Fiscal Year 2013 19 (division B of Public Law 112–239; 126 Stat. 2140)), as 20 specified in the funding table in section 7601. 21 SEC. 2702. ADDITIONAL AUTHORITY TO REALIGN OR CLOSE 22 CERTAIN MILITARY INSTALLATIONS. 23 (a) AUTHORIZATION.—Notwithstanding sections 993 24 or 2687 of title 10, United States Code, and subject to 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01236 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1237 HR 5515 PCS subsection (d), the Secretary of Defense may take such 1 actions as may be necessary to carry out the realignment 2 or closure of a military installation in a State during a 3 fiscal year if— 4 (1) the military installation is the subject of a 5 notice which is described in subsection (b); and 6 (2) the Secretary includes the military installa- 7 tion in the report submitted under paragraph (2) of 8 subsection (c) with respect to the fiscal year. 9 (b) NOTICE FROM GOVERNOR OF STATE.—A notice 10 described in this subsection is a notice received by the Sec- 11 retary of Defense from the Governor of a State (or, in 12 the case of the District of Columbia, the Mayor of the 13 District of Columbia) in which the Governor recommends 14 that the Secretary carry out the realignment or closure 15 of a military installation located in the State, and which 16 includes each of the following elements: 17 (1) A specific description of the military instal- 18 lation, or a specific description of the relevant real 19 and personal property. 20 (2) Statements of support for the realignment 21 or closure from units of local government in which 22 the installation is located. 23 (3) A detailed plan for the reuse or redevelop- 24 ment of the real and personal property of the instal- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01237 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1238 HR 5515 PCS lation, together with a description of the local rede- 1 velopment authority which will be responsible for the 2 implementation of the plan. 3 (c) RESPONSE TO NOTICE.— 4 (1) MANDATORY RESPONSE TO GOVERNOR AND 5 CONGRESS.—Not later than 1 year after receiving a 6 notice from the Governor of a State (or, in the case 7 of the District of Columbia, from the Mayor of the 8 District of Columbia), the Secretary of Defense shall 9 submit a response to the notice to the Governor and 10 the congressional defense committees indicating 11 whether or not the Secretary accepts the rec- 12 ommendation for the realignment or closure of a 13 military installation which is the subject of the no- 14 tice. 15 (2) ACCEPTANCE OF RECOMMENDATION.—If 16 the Secretary of Defense determines that it is in the 17 interests of the United States to accept the rec- 18 ommendation for the realignment or closure of a 19 military installation which is the subject of a notice 20 received under subsection (b) and intends to carry 21 out the realignment or closure of the installation 22 pursuant to the authority of this section during a 23 fiscal year, at the time the budget is submitted 24 under section 1105(a) of title 31, United States 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01238 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1239 HR 5515 PCS Code, for the fiscal year, the Secretary shall submit 1 a report to the congressional defense committees 2 which includes the following: 3 (A) The identification of each military in- 4 stallation for which the Secretary intends to 5 carry out a realignment or closure pursuant to 6 the authority of this section during the fiscal 7 year, together with the reasons the Secretary of 8 Defense believes that it is in the interest of the 9 United States to accept the recommendation of 10 the Governor of the State involved for the re- 11 alignment or closure of the installation. 12 (B) For each military installation identi- 13 fied under subparagraph (A), a master plan de- 14 scribing the required scope of work, cost, and 15 timing for all facility actions needed to carry 16 out the realignment or closure, including the 17 construction of new facilities and the repair or 18 renovation of existing facilities. 19 (C) For each military installation identified 20 under subparagraph (A), a certification that, 21 not later than the end of the fifth fiscal year 22 after the completion of the realignment or clo- 23 sure, the savings resulting from the realignment 24 or closure will exceed the costs of carrying out 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01239 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1240 HR 5515 PCS the realignment or closure, together with an es- 1 timate of the annual recurring savings that 2 would be achieved by the realignment or closure 3 of the installation and the timeframe required 4 for the financial savings to exceed the costs of 5 carrying out the realignment or closure. 6 (d) LIMITATIONS.— 7 (1) TIMING.—The Secretary may not initiate 8 the realignment or closure of a military installation 9 pursuant to the authority of this section until the 10 expiration of the 90-day period beginning on the 11 date the Secretary submits the report under para- 12 graph (2) of subsection (c). 13 (2) TOTAL COSTS.—Subject to appropriations, 14 the aggregate cost to the government in carrying out 15 the realignment or closure of military installations 16 pursuant to the authority of this section for all fiscal 17 years may not exceed $2,000,000,000. In deter- 18 mining the cost to the government for purposes of 19 this section, there shall be included the costs of 20 planning and design, military construction, oper- 21 ations and maintenance, environmental restoration, 22 information technology, termination of public-private 23 contracts, guarantees, and other factors contributing 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01240 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1241 HR 5515 PCS to the cost of carrying out the realignment or clo- 1 sure, as determined by the Secretary. 2 (e) PROCESS FOR IMPLEMENTATION.—The imple- 3 mentation of the realignment or closure of a military in- 4 stallation pursuant to the authority of this section shall 5 be carried out in accordance with section 2905 of the De- 6 fense Base Closure and Realignment Act of 1990 (title 7 XXIX of Public Law 101–510; 10 U.S.C. 2687 note) in 8 the same manner as the implementation of a realignment 9 or closure of a military installation pursuant to the au- 10 thority of such Act. 11 (f) STATE DEFINED.—In this section, the term 12 ‘‘State’’ means each of the several States, the District of 13 Columbia, the Commonwealth of Puerto Rico, American 14 Samoa, Guam, the United States Virgin Islands, and the 15 Commonwealth of the Northern Mariana Islands. 16 (g) TERMINATION OF AUTHORITY.—The authority of 17 the Secretary to carry out a realignment or closure pursu- 18 ant to this section shall terminate at the end of fiscal year 19 2029. 20 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01241 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1242 HR 5515 PCS SEC. 2703. PROHIBITION ON CONDUCTING ADDITIONAL 1 BASE REALIGNMENT AND CLOSURE (BRAC) 2 ROUND. 3 Nothing in this Act shall be construed to authorize 4 an additional Base Realignment and Closure (BRAC) 5 round. 6 TITLE XXVIII—MILITARY CON- 7 STRUCTION GENERAL PROVI- 8 SIONS 9 Subtitle A—Military Construction 10 Program and Military Family 11 Housing 12 SEC. 2801. COMMERCIAL CONSTRUCTION STANDARDS FOR 13 FACILITIES ON LEASED PROPERTY. 14 (a) USE OF COMMERCIAL STANDARDS.—Section 15 2667(b) of title 10, United States Code, is amended— 16 (1) by striking ‘‘and’’ at the end of paragraph 17 (6); 18 (2) by striking the period at the end of para- 19 graph (7) and inserting ‘‘; and’’; and 20 (3) by adding at the end the following new 21 paragraph: 22 ‘‘(8) shall provide that any facilities constructed 23 on the property may be constructed using commer- 24 cial standards in a manner that provides force pro- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01242 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1243 HR 5515 PCS tection safeguards appropriate to the activities con- 1 ducted in, and the location of, such facilities.’’. 2 (b) EFFECTIVE DATE.—The amendment made by 3 subsection (a) shall apply with respect to leases entered 4 into during fiscal year 2019 or any succeeding fiscal year. 5 SEC. 2802. EXTENSION OF TEMPORARY, LIMITED AUTHOR- 6 ITY TO USE OPERATION AND MAINTENANCE 7 FUNDS FOR CONSTRUCTION PROJECTS OUT- 8 SIDE THE UNITED STATES. 9 (a) EXTENSION OF AUTHORITY.—Subsection (h) of 10 section 2808 of the Military Construction Authorization 11 Act for Fiscal Year 2004 (division B of Public Law 108– 12 136; 117 Stat. 1723), as most recently amended by sec- 13 tion 2804 of the Military Construction Authorization Act 14 for Fiscal Year 2018 (division B of Public Law 115–91; 15 131 Stat. 1846), is amended— 16 (1) in paragraph (1), by striking ‘‘December 17 31, 2018’’ and inserting ‘‘December 31, 2019’’; and 18 (2) in paragraph (2), by striking ‘‘fiscal year 19 2019’’ and inserting ‘‘fiscal year 2020’’. 20 (b) LIMITATION ON USE OF AUTHORITY.—Sub- 21 section (c)(1) of such section is amended— 22 (1) by striking ‘‘October 1, 2017’’ and inserting 23 ‘‘October 1, 2018’’; 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01243 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1244 HR 5515 PCS (2) by striking ‘‘December 31, 2018’’ and in- 1 serting ‘‘December 31, 2019’’; and 2 (3) by striking ‘‘fiscal year 2019’’ and inserting 3 ‘‘fiscal year 2020’’. 4 SEC. 2803. SMALL BUSINESS SET-ASIDE FOR CONTRACTS 5 FOR ARCHITECTURAL AND ENGINEERING 6 SERVICES AND CONSTRUCTION DESIGN. 7 (a) MANDATORY AWARD OF CONTRACTS UNDER 8 THRESHOLD AMOUNT.—Section 2855(b)(1) of title 10, 9 United States Code, is amended by striking ‘‘subsection 10 (a)—’’ and all that follows and inserting the following: 11 ‘‘subsection (a), if the Secretary concerned estimates that 12 the initial award of the contract will be in an amount less 13 than the threshold amount determined under paragraph 14 (2), the contract shall be awarded in accordance with the 15 set aside provisions of the Small Business Act (15 U.S.C. 16 631 et seq.).’’. 17 (b) INCREASE IN THRESHOLD AMOUNT.—Section 18 2855(b)(2) of such title is amended— 19 (1) by striking ‘‘initial’’; 20 (2) by striking ‘‘$300,000’’ and inserting 21 ‘‘$1,000,000’’; and 22 (3) by striking the second sentence. 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01244 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1245 HR 5515 PCS (c) EFFECTIVE DATE.—The amendments made by 1 this section shall apply with respect to fiscal year 2019 2 and each succeeding fiscal year. 3 SEC. 2804. AUTHORITY TO OBTAIN ARCHITECTURAL AND 4 ENGINEERING SERVICES AND CONSTRUC- 5 TION DESIGN FOR DEFENSE LABORATORY 6 MODERNIZATION PROGRAM. 7 (a) AUTHORITY.—Section 2803 of the National De- 8 fense Authorization Act for Fiscal Year 2016 (Public Law 9 114–92; 129 Stat. 1169; 10 U.S.C. 2358 note) is amend- 10 ed— 11 (1) by redesignating subsection (f) as sub- 12 section (g); and 13 (2) by inserting after subsection (e) the fol- 14 lowing new subsection: 15 ‘‘(f) ADDITIONAL AUTHORITY TO USE FUNDS FOR 16 RELATED ARCHITECTURAL AND ENGINEERING SERVICES 17 AND CONTRACT DESIGN.— 18 ‘‘(1) AUTHORITY.—In addition to the authority 19 provided to the Secretary of Defense under sub- 20 section (a) to use amounts appropriated or otherwise 21 made available for research, development, test, and 22 evaluation for a military construction project re- 23 ferred to in such subsection, the Secretary of the 24 military department concerned may use amounts ap- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01245 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1246 HR 5515 PCS propriated or otherwise made available for research, 1 development, test, and evaluation to obtain architec- 2 tural and engineering services and to carry out con- 3 struction design in connection with such a project. 4 ‘‘(2) NOTICE REQUIREMENT.—In the case of 5 architectural and engineering services and construc- 6 tion design to be undertaken under this subsection 7 for which the estimated cost exceeds $1,000,000, the 8 Secretary concerned shall notify the appropriate 9 committees of Congress of the scope of the proposed 10 project and the estimated cost of such services be- 11 fore the initial obligation of funds for such services. 12 The Secretary may then obligate funds for such 13 services only after the end of the 14-day period be- 14 ginning on the date on which the notification is re- 15 ceived by the committees in an electronic medium 16 pursuant to section 480 of this title.’’. 17 (b) CONFORMING AMENDMENTS TO WAIVE CONDI- 18 TIONS APPLICABLE TO EXISTING AUTHORITY.— 19 (1) CONDITION ON AND SCOPE OF PROJECT AU- 20 THORITY.—Section 2803(b) of such Act is amended 21 by striking ‘‘project under this section’’ and insert- 22 ing ‘‘project under subsection (a)’’. 23 (2) CONGRESSIONAL NOTIFICATION.—Section 24 2803(c) of such Act is amended by striking ‘‘carried 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01246 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1247 HR 5515 PCS out under this section’’ each place it appears in 1 paragraphs (1) and (2) and inserting ‘‘carried out 2 under subsection (a)’’. 3 (3) DESCRIPTION OF AUTHORIZED 4 PROJECTS.—Section 2803(d) of such Act is amended 5 by striking ‘‘provided by this section’’ and inserting 6 ‘‘provided by subsection (a)’’. 7 (4) FUNDING LIMITATION.—Section 2803(e) of 8 such Act is amended by striking ‘‘projects under this 9 section’’ and inserting ‘‘projects under subsection 10 (a)’’. 11 (c) EXTENSION OF PERIOD OF AUTHORITY.—Section 12 2803(g) of such Act, as redesignated by subsection (a)(1), 13 is amended by striking ‘‘October 1, 2020’’ and inserting 14 ‘‘October 1, 2023’’. 15 (d) EFFECTIVE DATE.—The amendments made by 16 this section shall take effect as if included in the enact- 17 ment of section 2803 of the National Defense Authoriza- 18 tion Act for Fiscal Year 2016 (Public Law 114–92; 129 19 Stat. 1169; 10 U.S.C. 2358 note). 20 SEC. 2805. REPEAL OF LIMITATION ON CERTAIN GUAM 21 PROJECT. 22 (a) REPEAL OF LIMITATION.—Section 2879 of the 23 National Defense Authorization Act for Fiscal Year 2018 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01247 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1248 HR 5515 PCS (Public Law 115–91; 131 Stat. 1874) is amended by strik- 1 ing subsection (b). 2 (b) EFFECTIVE DATE.—The amendment made by 3 subsection (a) shall take effect as if included in the enact- 4 ment of the National Defense Authorization Act for Fiscal 5 Year 2018. 6 SEC. 2806. ENHANCING FORCE PROTECTION AND SAFETY 7 ON MILITARY INSTALLATIONS. 8 (a) AUTHORIZATION OF ADDITIONAL PROJECTS.—In 9 addition to any other military construction projects au- 10 thorized under this Act, the Secretary of the military de- 11 partment concerned may carry out military construction 12 projects to enhance force protection and safety on military 13 installations, as specified in the funding table in section 14 7601. 15 (b) NOTICE AND WAIT REQUIREMENTS.—The Sec- 16 retary concerned may obligate or expend funds to carry 17 out a project under this section only after the end of the 18 14-day period beginning on the date on which the Sec- 19 retary submits, in an electronic medium pursuant to sec- 20 tion 480 of title 10, United States Code, to the congres- 21 sional defense committees a justification of the need for 22 the project. 23 (c) EXPIRATION OF AUTHORIZATION.—Section 2002 24 shall apply with respect to the authorization of a military 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01248 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1249 HR 5515 PCS construction project under this section in the same man- 1 ner as such section applies to the authorization of a 2 project contained in titles XXI through XXVII. 3 SEC. 2807. LIMITATION ON USE OF FUNDS FOR ACQUISI- 4 TION OF FURNISHED ENERGY FOR NEW MED- 5 ICAL CENTER IN GERMANY. 6 (a) LIMITATION.—No amounts authorized to be ap- 7 propriated or made available to the Secretary of Defense 8 or the Secretary of any military department may be used 9 to enter into a contract for the acquisition of furnished 10 energy for the new Rhine Ordnance Barracks Army Med- 11 ical Center (hereafter in this section referred to as the 12 ‘‘Medical Center’’) until the Secretary of Defense submits 13 to the congressional defense committees a written certifi- 14 cation that— 15 (1) the source of furnished energy for the Med- 16 ical Center will minimize the use of fuels sourced 17 from inside the Russian Federation; 18 (2) the design of the Medical Center will utilize 19 a diversified energy supply from a mixed-fuel system 20 as the source of furnished energy to sustain mission 21 critical operations during any sustained energy sup- 22 ply disruption caused by the Russian Federation; 23 and 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01249 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1250 HR 5515 PCS (3) to the extent available, domestically-sourced 1 fuels shall be the preferred source for furnished en- 2 ergy for the Medical Center. 3 (b) WAIVER FOR NATIONAL SECURITY INTERESTS.— 4 Subsection (a) shall not apply if the Secretary of Defense 5 certifies to the congressional defense committees that a 6 waiver of such subsection is necessary to protect the na- 7 tional security interests of the United States. 8 (c) DEFINITION.—In this section, the term ‘‘fur- 9 nished energy’’ means energy furnished to the Medical 10 Center in any form and for any purpose, including heat- 11 ing, cooling, and electricity. 12 (d) EFFECTIVE DATE.—This section shall take effect 13 on the date of the enactment of this Act. 14 SEC. 2808. TREATMENT OF LEASES OF NON-EXCESS PROP- 15 ERTY ENTERED INTO WITH INSURED DEPOSI- 16 TORY INSTITUTIONS. 17 Section 2667 of title 10, United States Code, is 18 amended — 19 (1) in subsection (b)(4), by striking ‘‘amount 20 that’’ and inserting ‘‘amount that, except as pro- 21 vided in subsection (c)(4),’’; and 22 (2) in subsection (c), by adding at the end the 23 following new paragraph: 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01250 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1251 HR 5515 PCS ‘‘(4)(A) With respect to a lease under this section en- 1 tered into with an insured depository institution (as de- 2 fined under section 3 of the Federal Deposit Insurance 3 Act (12 U.S.C. 1813)) after the date of the enactment 4 of the National Defense Authorization Act for Fiscal Year 5 2019, the Secretary concerned shall accept the financial 6 services provided by the insured depository institution to 7 members of the armed forces, civilian employees of the De- 8 partment of Defense, and dependents of such members or 9 employees as sufficient in-kind consideration to cover all 10 lease, services, and utilities costs assessed with regard to 11 the leased property. 12 ‘‘(B) With respect to a lease under this section which 13 was entered into with an insured depository institution be- 14 fore the date of the enactment of the National Defense 15 Authorization Act for Fiscal Year 2019, the Secretary 16 concerned may renegotiate the terms of such lease to apply 17 subparagraph (A) to such lease as if such subparagraph 18 were in effect at the time the Secretary entered into the 19 lease.’’. 20 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01251 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1252 HR 5515 PCS Subtitle B—Real Property and 1 Facilities Administration 2 SEC. 2811. OPTIONAL PARTICIPATION IN COLLECTION OF 3 INFORMATION ON UNUTILIZED AND UNDER- 4 UTILIZED MILITARY INSTALLATION PROP- 5 ERTIES AVAILABLE FOR HOMELESS ASSIST- 6 ANCE. 7 (a) MAKING PARTICIPATION BY AGENCIES OF DE- 8 PARTMENT OF DEFENSE OPTIONAL.—Section 501(a) of 9 the McKinney-Vento Homeless Assistance Act (42 U.S.C. 10 11411(a)) is amended— 11 (1) by striking ‘‘The Secretary of Housing’’ and 12 inserting ‘‘(1) The Secretary of Housing’’; and 13 (2) by adding at the end the following new 14 paragraphs: 15 ‘‘(2) The transmittal of information by the head of 16 a landholding agency of the Department of Defense under 17 this subsection shall be optional in the case of an excess 18 or surplus building, facility, or property if the Secretary 19 of Defense determines that the building, facility, or prop- 20 erty— 21 ‘‘(A) would be for off-site use only; or 22 ‘‘(B) is located on an active military installation 23 and is not subject to subsection (h). 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01252 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1253 HR 5515 PCS ‘‘(3) If the Secretary of Defense makes a determina- 1 tion under paragraph (2) during a fiscal year, not later 2 than 90 days after the end of that fiscal year, the Sec- 3 retary of Defense shall submit a report to the Committees 4 on Armed Services, Banking, Housing, and Urban Affairs, 5 and Homeland Security and Governmental Affairs of the 6 Senate and the Committees on Armed Services, Financial 7 Services, and Oversight and Government Reform of the 8 House of Representatives listing all of the buildings, facili- 9 ties, and properties for which the Secretary of Defense 10 made a determination under paragraph (2) during that 11 fiscal year. The Secretary of Defense shall submit the re- 12 port in unclassified form, but may include a classified 13 annex as necessary.’’. 14 (b) EFFECTIVE DATE.—The amendment made by 15 subsection (a) shall apply with respect to fiscal year 2019 16 and each succeeding fiscal year. 17 SEC. 2812. FORCE STRUCTURE PLANS AND INFRASTRUC- 18 TURE CAPABILITIES NECESSARY TO SUP- 19 PORT THE FORCE STRUCTURE. 20 (a) FORCE STRUCTURE PLANS AND INFRASTRUC- 21 TURE CAPABILITIES.—Not later than the date on which 22 the budget of the President for fiscal year 2021 is sub- 23 mitted to Congress pursuant to section 1105 of title 31, 24 United States Code, the Secretary of Defense shall develop 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01253 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1254 HR 5515 PCS and submit to the congressional defense committees the 1 following: 2 (1) A force structure plan for each of the Army, 3 Navy, Air Force, and Marine Corps and the reserve 4 components of each military department that is in- 5 formed by— 6 (A) an assessment by the Secretary of De- 7 fense of the probable threats to the national se- 8 curity of the United States; and 9 (B) end-strength levels and major military 10 force units (including land force divisions, car- 11 rier and other major combatant vessels, air 12 wings, and other comparable units) authorized 13 in the National Defense Authorization Act for 14 Fiscal Year 2018 (Public Law 115–91). 15 (2) A categorical model of installation capabili- 16 ties required to carry out the force structures plans 17 described in paragraph (1) based on— 18 (A) the infrastructure, real property, and 19 facilities capabilities required to carry out such 20 plans; and 21 (B) the current military requirements of 22 the major military units referred to in subpara- 23 graph (B) of such paragraph. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01254 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1255 HR 5515 PCS (b) CONSISTENCY.—In developing force structure 1 plans and categorical models of installation capabilities 2 under subsection (a), the Secretary of Defense shall en- 3 sure that the infrastructure, real property, and facilities 4 of each of the military departments are categorized and 5 measured in consistent terms so as to facilitate compari- 6 sons. 7 (c) RELATIONSHIP TO INVENTORY.—Using the infor- 8 mation in the force structure plans and categorical model 9 developed under subsection (a), the Secretary of Defense 10 shall submit to Congress each of the following: 11 (1) An assessment of the requirements nec- 12 essary for carrying out the force structure plans 13 compared to existing infrastructure, real property, 14 and facilities capabilities, as documented in the 15 records maintained under section 2721 of title 10, 16 United States Code. 17 (2) An identification of any deficit or surplus 18 capability in such infrastructure, real property, and 19 facilities— 20 (A) for each military department; and 21 (B) for locations within the continental 22 United States and territories. 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01255 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1256 HR 5515 PCS SEC. 2813. RETROFITTING EXISTING WINDOWS IN MILITARY 1 FAMILY HOUSING UNITS TO BE EQUIPPED 2 WITH FALL PREVENTION DEVICES. 3 (a) AUTHORIZING FUNDING FOR RETROFITTING OR 4 REPLACING WINDOWS.—Section 2879 of title 10, United 5 States Code, as added by section 2817(a) of the National 6 Defense Authorization Act for Fiscal Year 2018 (131 7 Stat. 1851) is amended— 8 (1) in subsection (a)(1), by striking ‘‘subsection 9 (b)’’ and inserting ‘‘subsection (c)’’; 10 (2) by redesignating subsections (b) and (c) as 11 subsections (c) and (d); and 12 (3) by inserting after subsection (a) the fol- 13 lowing new subsection: 14 ‘‘(b) RETROFITTING OR REPLACING EXISTING WIN- 15 DOWS.— 16 ‘‘(1) PROGRAM TO RETROFIT EXISTING WIN- 17 DOWS.—The Secretary concerned shall carry out a 18 program under which, in military family housing 19 units acquired or constructed under this chapter 20 which are not subject to the requirements of sub- 21 section (a), windows which are described in sub- 22 section (c), including windows designed for emer- 23 gency escape or rescue, are retrofitted to be 24 equipped with fall prevention devices described in 25 paragraph (1) of subsection (a) or are replaced with 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01256 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1257 HR 5515 PCS windows which are equipped with fall prevention de- 1 vices described in such paragraph. 2 ‘‘(2) GRANTS.—The Secretary concerned may 3 carry out the program under this subsection by mak- 4 ing grants to private entities to retrofit or replace 5 existing windows, in accordance with such criteria as 6 the Secretary may establish by regulation. 7 ‘‘(3) USE OF OPERATIONS FUNDING.—The Sec- 8 retary may carry out the program under this sub- 9 section during a fiscal year with amounts made 10 available to the Secretary for family housing oper- 11 ations for such fiscal year.’’. 12 (b) EFFECTIVE DATE.—The amendments made by 13 this section shall apply with respect to fiscal year 2019 14 and each succeeding fiscal year. 15 SEC. 2814. UPDATING PROHIBITION ON USE OF CERTAIN 16 ASSESSMENT OF PUBLIC SCHOOLS ON DE- 17 PARTMENT OF DEFENSE INSTALLATIONS TO 18 SUPERSEDE FUNDING OF CERTAIN 19 PROJECTS. 20 (a) UPDATE.—Paragraph (3) of section 2814(a) of 21 the National Defense Authorization Act for Fiscal Year 22 2017 (Public Law 114–328; 130 Stat. 2717), as added 23 by section 2818(a) of the National Defense Authorization 24 Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01257 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1258 HR 5515 PCS 1852), is amended by striking ‘‘33 projects’’ and inserting 1 ‘‘38 projects’’. 2 (b) EFFECTIVE DATE.—The amendment made by 3 subsection (a) shall take effect as if included in the enact- 4 ment of the National Defense Authorization Act for Fiscal 5 Year 2018. 6 SEC. 2815. STUDY OF FEASIBILITY OF USING 20-YEAR 7 INTERGOVERNMENTAL SUPPORT AGREE- 8 MENTS FOR INSTALLATION-SUPPORT SERV- 9 ICES. 10 (a) STUDY.—Each Secretary concerned shall conduct 11 a study of the feasibility and desirability of entering into 12 intergovernmental support agreements under section 13 2679(a) of title 10, United States Code, for a term not 14 to exceed 20 years. 15 (b) REPORT.—Not later than 180 days after the date 16 of the enactment of this Act, each Secretary concerned 17 shall submit to the congressional defense committees a re- 18 port on the study conducted under subsection (a). 19 SEC. 2816. PROMOTING RESPONSIBLE LEASING OF PROP- 20 ERTY. 21 (a) REQUIRING CERTIFICATION BY SECRETARIES OF 22 MILITARY DEPARTMENTS PRIOR TO ENTERING INTO 23 LEASES THAT PROPERTY OWNED BY UNITED STATES IS 24 NOT AVAILABLE TO CARRY OUT PURPOSE OF LEASE.— 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01258 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1259 HR 5515 PCS (1) ADDITIONAL REQUIREMENT IN REPORTS ON 1 LEASES OF REAL PROPERTY.—Section 2 2662(a)(5)(B) of title 10, United States Code, as 3 amended by section 2812 of the National Defense 4 Authorization Act for Fiscal Year 2018 (Public Law 5 115–91; 131 Stat. 1849), is amended— 6 (A) by striking ‘‘or’’ at the end of clause 7 (ii); 8 (B) by striking the period at the end of 9 clause (iii) and inserting ‘‘; or’’; and 10 (C) by adding at the end the following new 11 clause: 12 ‘‘(iv) facilities in property under the juris- 13 diction of the Department of Defense may not 14 be reconfigured to support the purpose of the 15 proposed lease in an appropriate and cost-effec- 16 tive manner.’’. 17 (2) EFFECTIVE DATE; NOTICE OF COMPLI- 18 ANCE.— 19 (A) EFFECTIVE DATE.—The amendment 20 made by paragraph (1) shall apply with respect 21 to leases entered into or renewed on or after the 22 expiration of the 60-day period which begins on 23 the date of the enactment of this Act. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01259 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1260 HR 5515 PCS (B) REPORT ON STEPS TAKEN TO ENSURE 1 FUTURE COMPLIANCE.—Upon the completion of 2 any general steps necessary to ensure that the 3 Department of Defense will be able to meet the 4 requirements of subsection (a)(5) of section 5 2662 of title 10, United States Code (as 6 amended by paragraph (1)) with respect to all 7 leases entered into or renewed after the expira- 8 tion of the period described in subparagraph 9 (A), including the promulgation of any regula- 10 tions or the issuance of other guidance, the Sec- 11 retary of Defense shall submit a one-time re- 12 port to the Committees on Armed Services of 13 the House of Representatives and Senate and 14 shall post a copy of the report on the public 15 website of the Department of Defense. 16 (b) IMPROVING ACCURACY OF INFORMATION IN RE- 17 PORTS BY SECRETARY OF DEFENSE ON REAL PROPERTY 18 LEASES.— 19 (1) INFORMATION ON COSTS OF LEASES.—In 20 preparing any inventory or report on real property 21 leased by the Department of Defense, including in- 22 formation on property included in a Base Structure 23 Report and information in the Real Property Asset 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01260 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1261 HR 5515 PCS Database of the Department of Defense, the Sec- 1 retary of Defense shall— 2 (A) in the case of a lease which covers 3 multiple assets of the Department, provide a 4 separate breakdown of the rent and other costs 5 (including parking) associated with each such 6 asset; and 7 (B) in the case of real property which is 8 subject to multiple leases entered into by the 9 Department, provide a separate breakdown for 10 each such lease and the costs associated with 11 each such lease. 12 (2) REPORT.—Not later than 1 year after the 13 date of the enactment of this Act, or at the time of 14 publishing the next Base Structure Report prepared 15 after the date of the enactment of this Act (which- 16 ever occurs earlier), the Secretary of Defense shall 17 submit to the Committees on Armed Services of the 18 House of Representatives and Senate a report detail- 19 ing the steps the Secretary has taken to ensure com- 20 pliance with the requirements of paragraph (1). 21 (c) REVIEW BY GOVERNMENT ACCOUNTABILITY OF- 22 FICE.—Not later than 1 year after the date on which the 23 Secretary of Defense submits the one-time report required 24 under subparagraph (B) of subsection (a)(2), the Comp- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01261 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1262 HR 5515 PCS troller General of the United States shall prepare and sub- 1 mit to Congress a report on— 2 (1) the extent to which the Department is in 3 compliance with subsection (a)(5) of section 2662 of 4 title 10, United States Code (as amended by sub- 5 section (a)(1)), including the regulations and guid- 6 ance promulgated and issued by the Secretary to en- 7 sure compliance with such subsection, as of the date 8 on which the Secretary submits the report; and 9 (2) the extent to which the Secretary is includ- 10 ing the information required under subsection (b) in 11 inventories and reports on real property leased by 12 the Department, as of the date on which the Sec- 13 retary submits the report. 14 SEC. 2817. REPORTS ON BUILDINGS AND FACILITIES SUB- 15 JECT TO EXCEPTIONS TO ACCESSIBILITY 16 STANDARDS. 17 (a) ANNUAL REPORT FOR NEW CONSTRUCTION.— 18 Not later than 90 days after the end of each of the fiscal 19 years 2019 through 2023, the Secretary concerned shall 20 submit to the congressional defense committees a report 21 listing each building or facility for which the Secretary 22 first initiated construction during the fiscal year, or for 23 which the Secretary first entered into a lease for the use 24 of the Secretary during the fiscal year, which is subject 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01262 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1263 HR 5515 PCS to one of the accessibility standard exceptions described 1 in subsection (c). 2 (b) ONE-TIME REPORT ON CURRENT BUILDINGS 3 AND FACILITIES SUBJECT TO EXCEPTIONS.—Not later 4 than 180 days after the date of the enactment of this Act, 5 each Secretary concerned shall submit to the congressional 6 defense committees a report listing each building or facil- 7 ity constructed or leased by the Secretary during fiscal 8 years 2014 through 2018 which is subject to one of the 9 accessibility standard exceptions described in subsection 10 (c). 11 (c) ACCESSIBILITY STANDARD EXCEPTIONS DE- 12 SCRIBED.—The accessibility standard exceptions described 13 in this subsection with respect to a building or facility are 14 as follows: 15 (1) The building or facility is leased by the Sec- 16 retary concerned on a temporary, emergency basis 17 for the use of officials providing disaster assistance. 18 (2) The building or facility is located in a for- 19 eign country and is constructed in whole or in part 20 with funds provided by the United States, but the 21 Secretary concerned does not control the design cri- 22 teria and the building or facility is not required to 23 comply with standards under the Architectural Bar- 24 riers Act of 1968 (42 U.S.C. 4151 et seq.). 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01263 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1264 HR 5515 PCS (3) The building or facility is located in a for- 1 eign country and is leased by the Secretary con- 2 cerned. 3 (4) The building or facility is subject to a waiv- 4 er granted by the Principal Deputy Under Secretary 5 of Defense who represents the Department of De- 6 fense on the United States Access Board. 7 Subtitle C—Land Conveyances 8 SEC. 2821. LAND EXCHANGE, AIR FORCE PLANT 44, TUCSON, 9 ARIZONA. 10 (a) LAND CONVEYANCE AND RESTORATION OF REAL 11 PROPERTY IMPROVEMENTS AUTHORIZED.—In connection 12 with a project planned by the Tuscon Airport Authority 13 (in this section referred to as ‘‘TAA’’) to relocate and ex- 14 tend a parallel runway and make other airfield safety en- 15 hancements at the Tucson International Airport, the Sec- 16 retary of the Air Force (in this section referred to as the 17 ‘‘Secretary’’) may— 18 (1) convey to TAA all right, title, and interest 19 of the United States in and to all or any part of a 20 parcel of real property, including any improvements 21 thereon, consisting of approximately 58 acres on Air 22 Force Plant 44, Arizona, and located adjacent to 23 Tucson International Airport; 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01264 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1265 HR 5515 PCS (2) agree to terminate all or a portion of any 1 deed restrictions made for the benefit of the United 2 States that limit construction on Tucson Inter- 3 national Airport within 750 feet of the Airport’s 4 southwest property boundary with Air Force Plant 5 44; and 6 (3) using cash or in-kind consideration as pro- 7 vided in subsection (b)— 8 (A) construct new explosives storage facili- 9 ties to replace the explosives storage facilities 10 located on the land described in paragraph (1) 11 and explosives storage facilities located on Air 12 Force Plant 44 within the end-of-runway clear 13 zone associated with the TAA airfield enhance- 14 ment project; and 15 (B) construct new fencing as necessary to 16 accommodate the changes in the boundary of 17 Air Force Plant 44. 18 (b) CONSIDERATION.—As consideration for the land 19 conveyance, deed restriction termination, replacement of 20 real property improvements, and installation of fencing 21 authorized under subsection (a), the following consider- 22 ation must be received by the United States before the 23 Secretary may make any conveyance or termination of real 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01265 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1266 HR 5515 PCS property interests of the United States as described in 1 subsection (a): 2 (1) All right, title, and interest of the owner or 3 owners thereof to the parcels of real property con- 4 sisting of approximately 160 acres directly adjacent 5 to the south boundary of Air Force Plant 44. 6 (2) The cost to the Secretary, in accordance 7 with current design standards, of— 8 (A) replacing the real property structures 9 on Air Force Plant 44 made unusable due to 10 the land transfers and termination of deed re- 11 strictions, with structures of at least equivalent 12 capacity and functionality; and 13 (B) installing the necessary boundary fenc- 14 ing due to the changes in the boundary of Air 15 Force Plant 44. 16 (c) DIRECT PAYMENT OF CONSIDERATION TO GOV- 17 ERNMENT CONTRACTORS.—The Secretary may require 18 that any cash consideration to be received under this sec- 19 tion be paid, directly or through the Air Force design and 20 construction agent, to the contractors performing design 21 or construction of the real property improvements de- 22 scribed in subsection (a)(3). 23 (d) PAYMENT OF COSTS OF CONVEYANCES.— 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01266 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1267 HR 5515 PCS (1) PAYMENT REQUIRED.—The Secretary may 1 require TAA to cover costs to be incurred by the 2 Secretary to carry out the land exchange and other 3 transactions authorized under this section, or to re- 4 imburse the Secretary for such costs, including sur- 5 vey costs, appraisal costs, costs related to environ- 6 mental documentation, and other administrative 7 costs related to the conveyances. If amounts are col- 8 lected from TAA in advance of the Secretary incur- 9 ring the actual costs, and the amount collected ex- 10 ceeds the costs actually incurred by the Secretary to 11 carry out such transactions, the Secretary shall re- 12 fund the excess amount to TAA. 13 (2) TREATMENT OF AMOUNTS RECEIVED.— 14 Amounts received as reimbursements under para- 15 graph (1) shall be used in accordance with section 16 2695(c) of title 10, United States Code. 17 (e) DESCRIPTION OF PROPERTY.—The exact acreage 18 and legal description of the real property to be exchanged 19 under this section shall be determined by a survey satis- 20 factory to the Secretary. 21 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec- 22 retary may require such additional terms and conditions 23 in connection with the land exchange and other trans- 24 actions under this section as the Secretary considers ap- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01267 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1268 HR 5515 PCS propriate to protect the interests of the United States. 1 Without limiting the foregoing, the Secretary may estab- 2 lish a deed restriction on any part of the 58 acres de- 3 scribed in subsection (a)(1) to accommodate existing 4 Quantity Distance arcs. 5 SEC. 2822. AUTHORITY FOR TRANSFER OF ADMINISTRA- 6 TIVE JURISDICTION OVER CERTAIN LANDS, 7 MARINE CORPS AIR GROUND COMBAT CEN- 8 TER TWENTYNINE PALMS, CALIFORNIA, AND 9 MARINE CORPS AIR STATION YUMA, ARI- 10 ZONA. 11 (a) MARINE CORPS AIR GROUND COMBAT CENTER 12 TWENTYNINE PALMS, CALIFORNIA.— 13 (1) AUTHORITY FOR TRANSFER.—Subject to 14 paragraph (2), the Secretary of the Navy may trans- 15 fer to the Secretary of the Interior, at no cost, ad- 16 ministrative jurisdiction of approximately 2,105 17 acres of non-contiguous parcels of land within the 18 Shared Use Area of the Marine Corps Air Ground 19 Combat Center Twentynine Palms, California. 20 (2) CONDITION FOR TRANSFER.—The Secretary 21 of the Navy may carry out the transfer under this 22 subsection only if the Secretary of the Navy and the 23 Secretary of the Interior each determine that the 24 transfer is in the public interest and will be for the 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01268 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1269 HR 5515 PCS benefit of the Department of the Navy and the De- 1 partment of the Interior, respectively. 2 (3) STATUS OF LAND AFTER TRANSFER.—Upon 3 completion of the transfer under this subsection, the 4 land over which the Secretary of the Interior obtains 5 administrative jurisdiction shall become public land 6 withdrawn and reserved under section 2941 of the 7 National Defense Authorization Act for Fiscal Year 8 2014 (Public Law 113–66; 127 Stat. 1034), and 9 shall be managed in accordance with section 10 2942(b)(1) of such Act (Public Law 113–66; 127 11 Stat. 1036), in the same manner as other lands in 12 the Shared Use Area. 13 (4) SHARED USE AREA DEFINED.—In this sub- 14 section, the term ‘‘Shared Use Area’’ means the 15 area described in section 2941(b)(2) of the National 16 Defense Authorization Act for Fiscal Year 2014 17 (Public Law 113–66; 127 Stat. 1035). 18 (b) MARINE CORPS AIR STATION YUMA, ARIZONA.— 19 (1) AUTHORITY FOR TRANSFER.—Subject to 20 paragraph (2), the Secretary of the Interior may 21 transfer to the Secretary of the Navy, at no cost, ad- 22 ministrative jurisdiction of approximately 256 acres 23 of non-contiguous parcels of land within Marine 24 Corps Air Station Yuma, Arizona which are used by 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01269 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1270 HR 5515 PCS the Department of the Navy as of the day before the 1 date of the enactment of this Act pursuant to any 2 of the following authorities: 3 (A) Public Land Order Number 2766 of 4 August 28, 1962. 5 (B) Expired Public Land Order Number 6 6804 of October 16, 1990. 7 (C) Memorandum of Understanding Num- 8 ber 14-06-300-1266 of July 5, 1962, between 9 the Department of the Interior and the Depart- 10 ment of the Navy. 11 (2) CONDITION FOR TRANSFER.—The Secretary 12 of the Interior may carry out the transfer under this 13 subsection only if the Secretary of the Interior and 14 the Secretary of the Navy each determine that the 15 transfer is in the public interest and will be for the 16 benefit of the Department of the Interior and the 17 Department of the Navy, respectively. 18 (3) WITHDRAWAL OF LAND AFTER TRANS- 19 FER.—Upon completion of the transfer under this 20 subsection, the land over which the Secretary of the 21 Navy obtains administrative jurisdiction— 22 (A) shall cease to be public land; and 23 (B) for as long as the land is under the 24 administrative jurisdiction of the Secretary of 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01270 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1271 HR 5515 PCS the Navy or the Secretary of any other military 1 department, shall be withdrawn from all forms 2 of entry, appropriation, or disposal under the 3 public land laws, from location, entry, and pat- 4 ent under the mining laws, and from disposition 5 under all laws relating to mineral interests and 6 to mineral and geothermal leasing. 7 SEC. 2823. ENVIRONMENTAL RESTORATION AND FUTURE 8 CONVEYANCE OF PORTION OF FORMER 9 MARE ISLAND FIRING RANGE, VALLEJO, 10 CALIFORNIA. 11 (a) RESTORATION REQUIRED AS RESULT OF PRE- 12 VIOUS REMEDIATION.—As soon as practicable, the Sec- 13 retary of the Navy shall take such steps as may be re- 14 quired to fill in depressions in the Mare Island property 15 which resulted from environmental remediation carried 16 out by the Department of the Navy prior to the date of 17 the enactment of this section. 18 (b) MITIGATION OF WETLANDS.— 19 (1) METHOD OF MITIGATION.—If the refilling 20 of wetlands on the Mare Island property requires 21 mitigation, the Secretary of the Navy shall conduct 22 such mitigation in accordance with relevant Federal, 23 State and local environmental laws. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01271 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1272 HR 5515 PCS (2) COORDINATION OVER CERTAIN PORTION OF 1 PROPERTY.—To the extent that the refilling of wet- 2 lands on the Mare Island property requires mitiga- 3 tion on any portion of such property which is subject 4 to a reversionary interest of the State of California, 5 the Secretary shall coordinate with the California 6 State Lands Commission to determine how to best 7 meet the regulatory requirements applicable to the 8 mitigation of such wetlands. 9 (c) REPORT ON COMPLIANCE AND FUTURE CONVEY- 10 ANCE.—Not later than 120 days after the date of the en- 11 actment of this Act, the Secretary of the Navy shall sub- 12 mit to the congressional defense committees a report de- 13 scribing the process by which the Secretary plans to meet 14 the requirements of subsections (a) and (b), as well as a 15 proposal by the Secretary to convey the Mare Island prop- 16 erty (or some portion thereof) to the State of California 17 or units of local government in the State of California. 18 (d) DEFINITION.—In this section, the ‘‘Mare Island 19 property’’ is the parcel of real property consisting of ap- 20 proximately 48 acres located within the former Mare Is- 21 land Naval Shipyard which was formerly used as a firing 22 range by the Department of the Navy. 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01272 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1273 HR 5515 PCS SEC. 2824. LAND EXCHANGE, NAVAL SUPPORT ACTIVITY, 1 WASHINGTON NAVY YARD, DISTRICT OF CO- 2 LUMBIA. 3 (a) EXCHANGE OF PROPERTY INTERESTS AUTHOR- 4 IZED.— 5 (1) INTERESTS TO BE CONVEYED.—The Sec- 6 retary of the Navy (Secretary) may convey all right, 7 title, and interest of the United States in and to one 8 or more parcels of real property, including any im- 9 provements thereon and, without limitation, any 10 leasehold interests of the United States therein, as 11 the Secretary considers appropriate to protect the 12 interests of the United States. 13 (2) INTERESTS TO BE ACQUIRED.—In exchange 14 for the property interests described in paragraph 15 (1), the Secretary may accept parcels at the South- 16 east Federal Center in the vicinity of the Wash- 17 ington Navy Yard, replacement of facilities being 18 conveyed of equal value and similar utility, as deter- 19 mined by the Secretary, and any additional consider- 20 ation the Secretary feels is appropriate, including 21 maintenance, repair, or restoration of any real prop- 22 erty, facility, or infrastructure under the jurisdiction 23 of the Secretary. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01273 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1274 HR 5515 PCS (b) VALUATION.—The value of the property interests 1 to be exchanged by the Secretary described in subsections 2 (a)(1) and (a)(2) shall be determined— 3 (1) by an independent appraiser selected by the 4 Secretary; and 5 (2) in accordance with the Uniform Appraisal 6 Standards for Federal Land Acquisitions and the 7 Uniform Standards of Professional Appraisal Prac- 8 tice. 9 (c) EQUALIZATION PAYMENTS.— 10 (1) TO THE SECRETARY.—If the value of the 11 property interests described in subsection (a)(1) is 12 greater than the value of the property interests de- 13 scribed in subsection (a)(2), the values shall be 14 equalized through a cash equalization payment to 15 the Department of the Navy. 16 (2) NO EQUALIZATION.—If the value of the 17 property interests described in subsection (a)(2) is 18 greater than the value of the property interests de- 19 scribed in subsection (a)(1), the Secretary shall not 20 make a cash equalization payment to equalize the 21 values. 22 (d) PAYMENT OF COSTS OF CONVEYANCE.— 23 (1) PAYMENT REQUIRED.—The Secretary shall 24 require the other party in this land exchange to 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01274 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1275 HR 5515 PCS cover costs to be incurred by the Secretary, or to re- 1 imburse the Secretary for such costs incurred, to 2 carry out the land exchange under this section, in- 3 cluding survey costs, costs for environmental docu- 4 mentation, other administrative costs related to the 5 land exchange, and all costs associated with reloca- 6 tion of activities and facilities to the replacement lo- 7 cation. If amounts collected are in advance of the 8 Secretary incurring actual costs, and the amount 9 collected exceeds the costs actually incurred by the 10 Secretary to carry out the land exchange, the Sec- 11 retary shall refund the excess amount. 12 (2) TREATMENT OF AMOUNTS RECEIVED.— 13 Amounts received shall be credited to the fund or ac- 14 count that was used to cover those costs incurred by 15 the Secretary in carrying out the land exchange. 16 Amounts so credited shall be merged with amounts 17 in such fund or account, and shall be available for 18 the same purposes, and subject to the same condi- 19 tions and limitations, as amounts in such fund or 20 account. 21 (e) DESCRIPTION OF PROPERTY.—The exact acreage 22 and legal description of the property to be exchanged 23 under this section shall be determined by surveys satisfac- 24 tory to the Secretary of the Navy. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01275 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1276 HR 5515 PCS (f) CONVEYANCE AGREEMENT.—The exchange of 1 real property interests under this section shall be accom- 2 plished using an appropriate legal instrument and upon 3 terms and conditions mutually satisfactory to both parties 4 of the exchange, including such additional terms and con- 5 ditions as the Secretary considers appropriate to protect 6 the interests of the United States. 7 SEC. 2825. AUTHORITY FOR LEASING REAL PROPERTY AT 8 THE NAVAL AIR STATION KEY WEST, FLOR- 9 IDA. 10 (a) AUTHORITY.—The Secretary of the Navy (here- 11 after in this Act referred to as the ‘‘Secretary’’) may lease 12 approximately 19 acres at the Naval Air Station Key 13 West, Florida, for the purpose of constructing, operating, 14 improving, and maintaining housing units (including alter- 15 ing or demolishing existing housing units) under such 16 terms and conditions as the Secretary considers will pro- 17 mote the national defense or to be in the public interest. 18 (b) DURATION OF LEASE.—The lease entered into 19 under this section shall be for such period as may be 20 agreed to by the Secretary and the lessee, except that such 21 period may not exceed 50 years unless the Secretary deter- 22 mines that a lease for a longer period is necessary to meet 23 the purpose of the lease. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01276 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1277 HR 5515 PCS (c) PAYMENTS UNDER LEASE.—The Secretary shall 1 require the lessee to make payments under the lease en- 2 tered into under this section in cash for fair market value. 3 (d) DEPOSIT AND USE OF PROCEEDS.—The Sec- 4 retary shall deposit and use any cash proceeds from the 5 lease under this section as prescribed in section 2667 of 6 title 10, United States Code. 7 (e) LEASEBACK PROHIBITED.—During the period in 8 which the lease entered into under this section is in effect, 9 the Secretary may not lease any of the space constructed 10 by the lessees on the property leased under this section. 11 (f) RIGHT OF FIRST REFUSAL FOR PURCHASE OF 12 PROPERTY.—The lease entered into under this section 13 may provide the lessee of the property with the first right 14 to purchase the property if the Secretary revokes the lease 15 in order to permit the United States to sell or transfer 16 the property as authorized under any other provision of 17 law. Nothing in this subsection may be construed to pro- 18 vide a lessee with the first right to purchase the property 19 if the Secretary revokes the lease for any other cause, in- 20 cluding the failure of the lessee to meet the terms and 21 conditions of the lease. 22 (g) DESCRIPTION OF PROPERTY.—The exact acreage 23 and legal description of the property to be leased under 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01277 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1278 HR 5515 PCS this section shall be determined by a survey satisfactory 1 to the Secretary. 2 (h) ADDITIONAL TERMS AND CONDITIONS.—The 3 Secretary may require such additional terms and condi- 4 tions in connection with the lease under this section as 5 the Secretary considers appropriate to protect the inter- 6 ests of the United States. 7 (i) INAPPLICABILITY OF CERTAIN PROVISIONS.—The 8 following provisions of law do not apply to this section, 9 the lease entered into under this section, or the property 10 which is subject to the lease under this section: 11 (1) Section 2662 of title 10, United States 12 Code. 13 (2) Section 2696 of title 10, United States 14 Code. 15 (3) The Randolph-Sheppard Act (20 U.S.C. 16 107 et seq.). 17 (4) Title V of the McKinney-Vento Homeless 18 Assistance Act (42 U.S.C. 11411 et seq.). 19 SEC. 2826. SENSE OF CONGRESS REGARDING LAND CON- 20 VEYANCE, MOUNTAIN VIEW, CALIFORNIA. 21 (a) FINDINGS.—Congress finds as follows: 22 (1) The Secretary of the Army is proposing to 23 convey 17.1 acres of real property in Mountain 24 View, California, known as Shenandoah Square and 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01278 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1279 HR 5515 PCS the existing 126 housing units on such property in 1 order to raise capital to improve other military hous- 2 ing owned by private entities, despite significant 3 military demand for affordable housing in the San 4 Francisco Bay Area from personnel spanning across 5 the Air Force, Army, Marine Corps, Navy, and 6 Coast Guard. 7 (2) Under the proposed conveyance, the existing 8 126 housing units at Shenandoah Square would be 9 demolished to allow for the construction of high-den- 10 sity residential housing. 11 (3) Shenandoah Square is one of only 3 mili- 12 tary housing complexes in the San Francisco Bay 13 Area and is home to many California National 14 Guard personnel serving in the 129th Rescue Wing 15 at Moffett Federal Air Field and civilians who per- 16 form mission critical work for the 129th Rescue 17 Wing. 18 (4) The San Francisco Bay Area is confronting 19 one of the most severe affordable housing crises in 20 the United States, which has led to a recruitment 21 and retention crisis for the 129th Rescue Wing. 22 (5) The residents of these units have expressed 23 concern about their displacement from Shenandoah 24 Square, as this property is located in one of the 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01279 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1280 HR 5515 PCS most expensive housing markets in the country, Sil- 1 icon Valley, and there is great uncertainty about the 2 affordability of new potential housing on the site. 3 (b) SENSE OF CONGRESS.—It is the sense of Con- 4 gress that the Secretary of the Army should explore all 5 possible alternatives to a conveyance of Shenandoah 6 Square, including subleasing the property to an entity that 7 can better develop affordable housing on the property. 8 SEC. 2827. PUBLIC INVENTORY OF GUAM LAND PARCELS 9 FOR TRANSFER TO GOVERNMENT OF GUAM. 10 (a) NET-NEGATIVE INVENTORY OF LAND PAR- 11 CELS.— 12 (1) MAINTENANCE AND UPDATE OF INVEN- 13 TORY.—The Secretary of the Navy shall maintain 14 and update regularly an inventory of all land parcels 15 located on Guam which meet each of the following 16 conditions: 17 (A) The parcels are currently owned by the 18 United States Government and are under the 19 administrative jurisdiction of the Department of 20 the Navy. 21 (B) The Secretary has determined or ex- 22 pects to determine the parcels to be excess to 23 the needs of the Department of the Navy. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01280 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1281 HR 5515 PCS (C) Under Federal law, including Public 1 Law 106–504 (commonly known as the ‘‘Guam 2 Omnibus Opportunities Act’’; 40 U.S.C. 521 3 note), the parcels are eligible to be transferred 4 to the territorial government. 5 (2) INFORMATION REQUIRED.—For each parcel 6 included in the inventory under paragraph (1), the 7 Secretary shall specify— 8 (A) the approximate size of the parcel; 9 (B) an estimate of the fair market value of 10 the parcel, if available or as practicable; 11 (C) the date on which the Secretary deter- 12 mined, or the date by which the Secretary ex- 13 pects to determine, that the parcel is excess and 14 made eligible for transfer to the territorial gov- 15 ernment; and 16 (D) the citation of the specific legal au- 17 thority (including the Guam Omnibus Opportu- 18 nities Act) under which the Secretary will 19 transfer the parcel to the territorial government 20 or otherwise dispose of the parcel. 21 (b) PARCELS REQUIRED TO BE INCLUDED.—The 22 Secretary shall include in the inventory under this section 23 each of the following parcels, as described in the 2017 Net 24 Negative Report: 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01281 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1282 HR 5515 PCS (1) The Tanguisson Power Plant (5 acres), list- 1 ed as Site 14 in the Report. 2 (2) The Harmon Substation Annex (9.9 acres), 3 listed as Site 15 in the Report. 4 (3) The Piti Power Plant and Substation (15.5 5 acres), listed as Site 38 in the Report. 6 (4) Apra Heights Lot 403–1 (0.5 acres), listed 7 as Site 55 in the Report. 8 (5) The Agana Power Plant and Substation 9 (5.9 acres), listed as Site 54 in the Report. 10 (6) The ACEORP Maui Tunnel-Tamuning 11 Route 1 behind Old Telex (3.7 acres), listed as Site 12 23 in the Report. 13 (7) The Parcel South of Camp Covington, Par- 14 cel 7 (60.8 acres), listed as Site 49 in the Report. 15 (8) The NCTS Beach Lot, adjacent to the 16 Tanguisson Power Plant (13.3 acres), listed as Site 17 13 in the Report. 18 (9) The Hoover Park Annex (also known as 19 ‘‘Old USO Beach’’; 6 acres), listed as Site 37 in the 20 Report. 21 (10) Parcel ‘‘C’’ Marbo Cave Annex (5 acres), 22 listed as Site 12 in the Report. 23 (c) INCLUSION OF ADDITIONAL PARCELS IN INVEN- 24 TORY.— 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01282 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1283 HR 5515 PCS (1) REQUEST BY GOVERNOR.—The Governor of 1 the territory of Guam may submit a request to the 2 Secretary to add parcels to the inventory maintained 3 under subsection (a), and shall specify in any such 4 request any public benefit uses or public purposes 5 proposed by the Governor for the parcel involved, 6 pursuant to the Guam Omnibus Opportunities Act 7 or any other relevant Federal law. 8 (2) CONSIDERATION BY SECRETARY.—Not later 9 than 180 days of receipt of a request from the Gov- 10 ernor under paragraph (1), the Secretary shall re- 11 view the request and provide a response in writing 12 to the Governor as to whether the Secretary will 13 agree to the request to include the specific land par- 14 cel in the inventory maintained under subsection (a). 15 If the Secretary denies the request, the Secretary 16 shall provide a detailed written justification to the 17 Governor that explains the continuing military need 18 for the parcel, if any, and the date on which the Sec- 19 retary expects that military need to cease, if ever. 20 (d) EXCLUSION OF PARCELS.—The Secretary shall 21 not include in the inventory maintained under this section 22 any parcel transferred to the government of Guam prior 23 to the date of the enactment of this Act, without regard 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01283 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1284 HR 5515 PCS to whether or not the parcel is included in the inventory 1 under subsection (b). 2 (e) PUBLIC NOTIFICATION.—The Secretary shall 3 publish and update on a public website of the United 4 States Government the following information: 5 (1) The inventory maintained under subsection 6 (a), including the parcels required to be included in 7 such inventory under subsection (b). 8 (2) All requests submitted by the Governor 9 under subsection (c), including any proposed public 10 benefit use or public purpose specified in any such 11 request. 12 (3) A copy of each response provided by the 13 Secretary to each request submitted by the Governor 14 under subsection (c). 15 (4) A description of each parcel of land trans- 16 ferred by the Secretary to the territorial government 17 after January 20, 2011, including the following: 18 (A) The approximate size of the parcel. 19 (B) An estimate of the fair market value 20 of the parcel, if available or as practicable. 21 (C) The specific legal authority under 22 which the Secretary transferred the parcel to 23 the territorial government. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01284 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1285 HR 5515 PCS (D) The date the parcel was transferred to 1 the territorial government. 2 (f) DEFINITIONS.—In this section, the following defi- 3 nitions apply: 4 (1) 2017 NET NEGATIVE REPORT.—The term 5 ‘‘2017 Net Negative Report’’ means the report sub- 6 mitted by the Secretary of the Navy, on behalf of 7 the Secretary of Defense, under section 2208 of the 8 National Defense Authorization Act for Fiscal Year 9 2017 (Public Law 114–328; 130 Stat. 2695) regard- 10 ing the status of the implementation of the ‘‘net 11 negative’’ policy regarding the total number of acres 12 of the real property controlled by the Department of 13 the Navy or the Department of Defense on Guam. 14 (2) GOVERNOR.—The term ‘‘Governor’’ means 15 the Governor of the territory of Guam. 16 (3) SECRETARY.—The term ‘‘Secretary’’ means 17 the Secretary of the Navy. 18 (4) TERRITORIAL GOVERNMENT.—The term 19 ‘‘territorial government’’ means the government of 20 Guam established under the Organic Act of Guam 21 (48 U.S.C. 1421 et seq.). 22 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01285 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1286 HR 5515 PCS SEC. 2828. MODIFICATION OF CONDITIONS ON LAND CON- 1 VEYANCE, JOLIET ARMY AMMUNITION 2 PLANT, ILLINOIS. 3 Section 2922(c) of the Military Construction Author- 4 ization Act for Fiscal Year 1996 (division B of Public Law 5 104–106; 110 Stat. 605), as amended by section 2842 of 6 the Military Construction Authorization Act for Fiscal 7 Year 2000 (division B of Public Law 106–65; 113 Stat. 8 863) and section 2838 of the Military Construction Au- 9 thorization Act for Fiscal Year 2015 (division B of Public 10 Law 113–291; 128 Stat. 3710), is amended— 11 (1) by striking ‘‘(1) The conveyance’’ and in- 12 serting ‘‘The conveyance’’; and 13 (2) by striking paragraph (2). 14 SEC. 2829. LAND CONVEYANCE, NAVAL ACADEMY DAIRY 15 FARM, GAMBRILLS, MARYLAND. 16 (a) CONVEYANCE AUTHORIZED.—Notwithstanding 17 section 6976 of title 10, United States Code, the Secretary 18 of the Navy may convey and release to Anne Arundel 19 County, Maryland (in this section referred to as the 20 ‘‘County’’) all right, title, and interest of the United States 21 in and to the real property, including any improvements 22 thereon, consisting of approximately 40 acres at the prop- 23 erty commonly referred to as the Naval Academy dairy 24 farm located in Gambrills, Maryland (in this section re- 25 ferred to as the ‘‘Dairy Farm’’). 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01286 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1287 HR 5515 PCS (b) CONSIDERATION.— 1 (1) CONSIDERATION REQUIRED.—As consider- 2 ation for the conveyance and release under sub- 3 section (a), the County shall provide an amount that 4 is equivalent to the fair market value to the Depart- 5 ment of the Navy of the right, title, and interest 6 conveyed and released under such subsection, based 7 on an appraisal approved by the Secretary of the 8 Navy. The consideration under this paragraph may 9 be provided by cash payment, in-kind consideration, 10 or a combination thereof, at such time as the Sec- 11 retary may require. 12 (2) IN-KIND CONSIDERATION.—In-kind consid- 13 eration provided by the County under paragraph (1) 14 may include the acquisition, construction, provision, 15 improvement, maintenance, repair, or restoration 16 (including environmental restoration), or combina- 17 tion thereof, of any facility, real property, or infra- 18 structure under the jurisdiction of the Secretary. 19 (3) TREATMENT OF CONSIDERATION RE- 20 CEIVED.—Consideration in the form of cash pay- 21 ment received by the Secretary under paragraph (1) 22 shall be retained by the Superintendent of the Naval 23 Academy and shall be available to cover expenses re- 24 lated to the Dairy Farm, including reimbursing non- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01287 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1288 HR 5515 PCS appropriated fund instrumentalities of the Naval 1 Academy. 2 (c) PAYMENT OF COST OF CONVEYANCE AND RE- 3 LEASE.— 4 (1) PAYMENT REQUIRED.—The Secretary of 5 the Navy shall require the County to pay costs to be 6 incurred by the Secretary, or to reimburse the Sec- 7 retary for such costs incurred by the Secretary, to 8 carry out the conveyance and release under sub- 9 section (a), including survey costs, appraisal costs, 10 costs for environmental documentation related to the 11 conveyance and release, and any other administra- 12 tive costs related to the conveyance and release. If 13 amounts are collected from the County in advance of 14 the Secretary incurring the actual costs, and the 15 amount collected exceeds the costs actually incurred 16 by the Secretary to carry out the conveyance and re- 17 lease or any costs incurred by the Secretary to ad- 18 minister the County’s lease of the Dairy Farm, the 19 Secretary shall refund the excess amount to the 20 County. 21 (2) TREATMENT OF AMOUNTS RECEIVED.— 22 Amounts received as reimbursement under para- 23 graph (1) shall be credited to the fund or account 24 that was used to pay the costs incurred by the Sec- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01288 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1289 HR 5515 PCS retary in carrying out the conveyance and release 1 under subsection (a) or, if the period of availability 2 of obligations for that appropriation has expired, to 3 the appropriations of fund that is currently available 4 to the Secretary for the same purpose. Amounts so 5 credited shall be merged with amounts in such fund 6 or account and shall be available for the same pur- 7 poses, and subject to the same conditions and limita- 8 tions, as amounts in such fund or account. 9 (d) DESCRIPTION OF PROPERTY.—The exact acreage 10 and legal description of the property which is subject to 11 conveyance and release under subsection (a) shall be de- 12 termined by a survey satisfactory to the Secretary of the 13 Navy. 14 (e) ADDITIONAL TERMS AND CONDITIONS.—The 15 Secretary of the Navy may require such additional terms 16 and conditions in connection with the conveyance and re- 17 lease under subsection (a) as the Secretary considers ap- 18 propriate to protect the interests of the United States. 19 (f) NO EFFECT ON EXISTING LEASES GOVERNING 20 PROPERTY NOT SUBJECT TO CONVEYANCE.—Nothing in 21 this section or in any conveyance and release carried out 22 pursuant to this section may be construed to affect the 23 terms, conditions, or applicability of any existing agree- 24 ment entered into between the Country and the Secretary 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01289 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1290 HR 5515 PCS of the Navy which governs the use of any portion of the 1 Dairy Farm which is not subject to conveyance and release 2 under this section. 3 SEC. 2830. TECHNICAL CORRECTION OF DESCRIPTION OF 4 LIMESTONE HILLS TRAINING AREA LAND 5 WITHDRAWAL AND RESERVATION, MONTANA. 6 Section 2931(b) of the Military Construction Author- 7 ization Act for Fiscal Year 2014 (division B of Public Law 8 113–66; 127 Stat. 1031) is amended by striking ‘‘18,644 9 acres’’ and all that follows through ‘‘April 10, 2013’’ and 10 inserting the following: ‘‘18,964 acres in Broadwater 11 County, Montana, generally depicted as ‘Limestone Hills 12 Training Area Land Withdrawal’ on the map entitled 13 ‘Limestone Hills Training Area Land Withdrawal’, dated 14 May 11, 2017’’. 15 SEC. 2830A. LAND CONVEYANCE, WASATCH-CACHE NA- 16 TIONAL FOREST, RICH COUNTY, UTAH. 17 (a) LAND CONVEYANCE AUTHORIZED.—Subject to 18 valid existing rights, not later than 6 months after the 19 date of the enactment of this section, the Secretary of Ag- 20 riculture shall convey, without consideration, to the Utah 21 State University Research Foundation, (in this section re- 22 ferred to as the ‘‘Foundation’’) all right, title, and interest 23 of the United States in and to a parcel of real property 24 consisting of approximately 80 acres, including improve- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01290 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1291 HR 5515 PCS ments thereon, located outside of the boundaries of the 1 Wasatch-Cache National Forest, Rich County, Utah, with- 2 in Sections 19 and 30, Township 14 North, Range 5 East, 3 Salt Lake Base and Meridian for the purpose of permit- 4 ting the Foundation to use the property for scientific and 5 educational purposes. 6 (b) REVERSIONARY INTEREST.—If the Secretary of 7 Agriculture determines at any time that the real property 8 conveyed under subsection (a) is not being used in accord- 9 ance with the purpose of the conveyance specified in such 10 subsection, all right, title and interest in and to such real 11 property, including any improvements thereto, shall, at the 12 option of the Secretary, revert to and become the property 13 of the United States, and the United States shall have 14 the right of immediate entry onto such real property. A 15 determination by the Secretary under this subsection shall 16 be made on the record after an opportunity for a hearing. 17 (c) PAYMENT OF COSTS OF CONVEYANCE.— 18 (1) PAYMENT REQUIRED.—The Secretary of 19 Agriculture shall require the Foundation to cover the 20 costs (except any costs for environmental remedi- 21 ation of the property) to be incurred by the Sec- 22 retary, or to reimburse the Secretary for such costs 23 incurred by the Secretary, to carry out the convey- 24 ance under subsection (a), including survey costs, 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01291 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1292 HR 5515 PCS costs for environmental documentation, and any 1 other administrative costs related to the conveyance. 2 If amounts are collected from the Foundation in ad- 3 vance of the Secretary incurring the actual costs, 4 and the amount collected exceeds the costs actually 5 incurred by the Secretary to carry out the convey- 6 ance, the Secretary shall refund the excess amount 7 to the Foundation. 8 (2) TREATMENT OF AMOUNTS RECEIVED.— 9 Amounts received as reimbursement under para- 10 graph (1) shall be credited to the fund or account 11 that was used to cover those costs incurred by the 12 Secretary in carrying out the conveyance. Amounts 13 so credited shall be merged with amounts in such 14 fund or account, and shall be available for the same 15 purposes, and subject to the same conditions and 16 limitations, as amounts in such fund or account. 17 (d) DESCRIPTION OF PROPERTY.—The exact acreage 18 and legal description of the property to be conveyed under 19 subsection (a) shall be determined by a survey satisfactory 20 to the Secretary of Agriculture. 21 (e) ADDITIONAL TERMS AND CONDITIONS.—The 22 Secretary of Agriculture may require such additional 23 terms and conditions in connection with the conveyance 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01292 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1293 HR 5515 PCS under subsection (a) as the Secretary considers appro- 1 priate to protect the interests of the United States. 2 SEC. 2830B. COMMEMORATION OF FREEDMAN’S VILLAGE, 3 ARLINGTON COUNTY, VIRGINIA. 4 (a) PERMANENT EASEMENT.—The Secretary of the 5 Army is directed to grant to Arlington County, Virginia, 6 a permanent easement of approximately 0.1 acres of land 7 within the right-of-way of Southgate Road to the south 8 and west of Hobson Drive and west of the planned joint 9 base access road that is also continuous with Foxcroft 10 Heights Park for the purpose of commemorating Freed- 11 man’s Village. 12 (b) RELOCATION OF COMMEMORATION IN EVENT 13 LOCATION IS USED FOR BURIAL PURPOSES.—In the 14 event Arlington National Cemetery subsequently acquires 15 the property used for the commemoration described under 16 subsection (a) for burial purposes, the Army shall relocate 17 any commemoration of Freedman’s Village to an appro- 18 priate location. 19 (c) REIMBURSEMENT.—The Secretary of Defense 20 may accept reimbursement from Arlington County for any 21 costs associated with commemorating Freedman’s Village. 22 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01293 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1294 HR 5515 PCS Subtitle D—Military Land 1 Withdrawals 2 SEC. 2831. INDEFINITE DURATION OF CERTAIN MILITARY 3 LAND WITHDRAWALS AND RESERVATIONS 4 AND IMPROVED MANAGEMENT OF WITH- 5 DRAWN AND RESERVED LANDS. 6 (a) IMPROVING MANAGEMENT OF CURRENT STATU- 7 TORY LAND WITHDRAWALS AND RESERVATIONS AND 8 MAKING MANAGEMENT MORE TRANSPARENT.— 9 (1) ROLE OF SECRETARY OF THE INTERIOR.— 10 Section 101(a)(2) of the Sikes Act (16 U.S.C. 11 670a(a)(2)) is amended by striking ‘‘, acting 12 through the Director of the United States Fish and 13 Wildlife Service,’’. 14 (2) ADDITIONAL ELEMENT OF INTEGRATED 15 NATURAL RESOURCES MANAGEMENT PLAN.—Section 16 101(b) of the Sikes Act (16 U.S.C. 670a(b)) is 17 amended— 18 (A) by striking ‘‘and’’ at the end of para- 19 graph (2); 20 (B) by redesignating paragraph (3) as 21 paragraph (4); and 22 (C) by inserting after paragraph (2) the 23 following new paragraph: 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01294 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1295 HR 5515 PCS ‘‘(3) for purposes of paragraph (2), shall be re- 1 viewed— 2 ‘‘(A) jointly by the Secretary of the mili- 3 tary department and the Secretary of the Inte- 4 rior; and 5 ‘‘(B) in a manner that provides affected 6 States and Indian tribes and the public a mean- 7 ingful opportunity to comment on any signifi- 8 cant revisions to the plan that may be proposed; 9 and’’. 10 (b) EL CENTRO NAVAL AIR FACILITY RANGES.— 11 (1) ELIMINATION OF TERMINATION DATE AND 12 CONFORMING AMENDMENTS.—The El Centro Naval 13 Air Facility Ranges Withdrawal Act (subtitle B of 14 title XXIX of Public Law 104–201; 110 Stat. 2813) 15 is amended— 16 (A) in section 2921(b)(3), by striking ‘‘, 17 before the termination date specified in section 18 2925,’’; 19 (B) in section 2924(a), by striking the 20 third sentence; 21 (C) by striking sections 2925 and 2927; 22 and 23 (D) in section 2928(a), by striking ‘‘speci- 24 fied in section 2925’’. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01295 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1296 HR 5515 PCS (2) DETERMINATION OF CONTINUING MILITARY 1 NEED FOR WITHDRAWAL AND RESERVATION AND 2 PUBLIC REPORTS.—The El Centro Naval Air Facil- 3 ity Ranges Withdrawal Act (subtitle B of title XXIX 4 of Public Law 104–201; 110 Stat. 2813) is further 5 amended by inserting after section 2926 the fol- 6 lowing new section: 7 ‘‘SEC. 2927. DETERMINATION OF CONTINUING MILITARY 8 NEED FOR WITHDRAWAL AND RESERVATION 9 AND PUBLIC REPORTS. 10 ‘‘(a) PUBLIC REPORTS.— 11 ‘‘(1) CHANGES IN LAND CONDITIONS.—(A) 12 Concurrent with each review as to operation and ef- 13 fect of an integrated natural resources management 14 plan covering lands withdrawn and reserved under 15 this title, as required by section 101(b)(2) of the 16 Sikes Act (16 U.S.C. 670a(b)(2)), the Secretary of 17 the Navy and the Secretary of the Interior shall 18 jointly prepare and issue a report describing any 19 changes in the condition of the lands withdrawn and 20 reserved under this subtitle since the later of the 21 date of any previous report under this paragraph or 22 the date of the environmental analysis prepared to 23 support the actions that changed the condition of 24 the lands. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01296 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1297 HR 5515 PCS ‘‘(B) A report under subparagraph (A) shall in- 1 clude a summary of current military use of the lands 2 withdrawn and reserved under this subtitle, any 3 changes in military use of the lands since the pre- 4 vious report, and efforts related to the management 5 of natural and cultural resources and environmental 6 remediation of the lands during the previous five 7 years. 8 ‘‘(2) COMBINATION WITH OTHER REPORTS.—A 9 report under this subsection may be combined with, 10 or incorporate by reference, any contemporary report 11 required by any other provision of law regarding the 12 lands withdrawn and reserved under this subtitle. 13 ‘‘(3) PUBLIC REVIEW AND COMMENT.—(A) Be- 14 fore the finalization of a report under this sub- 15 section, the Secretary of the Navy and the Secretary 16 of the Interior shall invite interested members of the 17 public to review and comment on the report, and 18 shall hold at least one public meeting concerning the 19 report in a location or locations reasonably accessible 20 to persons who may be affected by management of 21 the lands withdrawn and reserved under this sub- 22 title. 23 ‘‘(B) Each public meeting under subparagraph 24 (A) shall be announced not less than 15 days before 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01297 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1298 HR 5515 PCS the date of the meeting by advertisements in local 1 newspapers of general circulation, notices on the 2 internet, including the website of El Centro, and any 3 other means considered necessary or desirable by the 4 Secretaries. 5 ‘‘(4) DISTRIBUTION OF REPORT.—The Sec- 6 retary of the Navy shall make the final version of a 7 report under this subsection available to the public 8 and shall submit the final version of such a report 9 to the Committees on Armed Services and Energy 10 and Natural Resources of the Senate and the Com- 11 mittees on Armed Services and Natural Resources of 12 the House of Representatives. 13 ‘‘(b) DETERMINATION OF CONTINUING MILITARY 14 NEED.—With each report prepared pursuant to sub- 15 section (a), the Secretary of the Navy shall attach the Sec- 16 retary’s determination regarding whether there will be a 17 continuing military need for any or all the withdrawn and 18 reserved lands for the following 5 years.’’. 19 (3) CLERICAL AMENDMENTS.—The table of 20 contents of the El Centro Naval Air Facility Ranges 21 Withdrawal Act (subtitle B of title XXIX of Public 22 Law 104–201; 110 Stat. 2813) is amended— 23 (A) by striking the item relating to section 24 2925; and 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01298 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1299 HR 5515 PCS (B) by amending the item relating to sec- 1 tion 2927 to read as follows: 2 ‘‘Sec. 2927. Determination of continuing military need for withdrawal and res- ervation and public reports.’’. (c) JUNIPER BUTTE RANGE.— 3 (1) ELIMINATION OF TERMINATION DATE AND 4 CONFORMING AMENDMENTS.—The Juniper Butte 5 Range Withdrawal Act (title XXIX of Public Law 6 105–261; 112 Stat. 2226) is amended— 7 (A) in section 2915— 8 (i) in the section heading, by striking 9 ‘‘Duration’’ and inserting ‘‘Relin- 10 quishment’’; 11 (ii) in subsection (a), by striking 12 ‘‘TERMINATION.—’’ and all that follows 13 through ‘‘At the time of termination’’ and 14 inserting ‘‘EFFECT OF RELINQUISHMENT 15 ON OPERATION OF GENERAL LAND 16 LAWS.—Upon relinquishment of Depart- 17 ment of the Air Force jurisdiction over 18 lands withdrawn and reserved by this 19 title’’; 20 (iii) in subsection (b)— 21 (I) in the subsection heading, by 22 inserting ‘‘PROCESS’’ after ‘‘RELIN- 23 QUISHMENT’’; 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01299 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1300 HR 5515 PCS (II) in paragraph (1), by striking 1 ‘‘under subsection (c)’’; and 2 (III) in paragraph (3), by strik- 3 ing ‘‘before the date of termination, 4 as provided for in subsection (a)(1)’’; 5 and 6 (iv) by striking subsection (c); and 7 (B) in section 2916— 8 (i) in the section heading, by striking 9 ‘‘or upon termination of with- 10 drawal’’; 11 (ii) in subsection (a)(1), by striking 12 ‘‘and in all cases not later than 2 years be- 13 fore the date of termination of withdrawal 14 and reservation,’’; 15 (iii) in subsection (b), by striking ‘‘en- 16 vironmental remediation’’ and all that fol- 17 lows through the end of the subsection and 18 inserting ‘‘environmental remediation be- 19 fore relinquishing, to the Secretary of the 20 Interior, jurisdiction over any lands identi- 21 fied in a notice of intent to relinquish 22 under section 2915(b).’’; and 23 (iv) in subsection (d)— 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01300 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1301 HR 5515 PCS (I) in the subsection heading, by 1 striking ‘‘TERMINATES’’ and inserting 2 ‘‘RELINQUISHED’’; 3 (II) by striking ‘‘termination 4 date’’ both places it appears and in- 5 serting ‘‘relinquishment date’’; and 6 (III) in paragraph (2), by strik- 7 ing ‘‘termination’’ and inserting ‘‘re- 8 linquishment’’. 9 (2) DETERMINATIONS OF CONTINUING MILI- 10 TARY NEED FOR WITHDRAWAL AND RESERVATION 11 AND PUBLIC REPORTS.—Section 2909 of the Juni- 12 per Butte Range Withdrawal Act (title XXIX of 13 Public Law 105–261; 112 Stat. 2230) is amended 14 by adding at the end the following new subsection: 15 ‘‘(d) PUBLIC REPORTS.— 16 ‘‘(1) CHANGES IN LAND CONDITIONS.—(A) 17 Concurrent with each review of an integrated nat- 18 ural resources management plan developed under 19 this section, the Secretary of the Air Force and the 20 Secretary of the Interior shall jointly prepare and 21 issue a report describing any changes in the condi- 22 tion of the lands withdrawn and reserved by this 23 title since the later of the date of any previous re- 24 port under this paragraph or the date of the envi- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01301 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1302 HR 5515 PCS ronmental analysis prepared to support the actions 1 that changed the condition of the lands. 2 ‘‘(B) A report under subparagraph (A) shall in- 3 clude a summary of current military use of the lands 4 withdrawn and reserved by this title, any changes in 5 military use of the lands since the previous report, 6 and efforts related to the management of natural 7 and cultural resources and environmental remedi- 8 ation of the lands during the previous 5 years. 9 ‘‘(2) COMBINATION WITH OTHER REPORTS.—A 10 report under this subsection may be combined with, 11 or incorporate by reference, any contemporary report 12 required by any other provision of law regarding the 13 lands withdrawn and reserved by this title. 14 ‘‘(3) PUBLIC REVIEW AND COMMENT.—(A) Be- 15 fore the finalization of a report under this sub- 16 section, the Secretary of the Air Force and the Sec- 17 retary of the Interior shall invite interested members 18 of the public to review and comment on the report, 19 and shall hold at least one public meeting concerning 20 the report in a location or locations reasonably ac- 21 cessible to persons who may be affected by manage- 22 ment of the lands withdrawn and reserved by this 23 title. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01302 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1303 HR 5515 PCS ‘‘(B) Each public meeting under subparagraph 1 (A) shall be announced not less than 15 days before 2 the date of the meeting by advertisements in local 3 newspapers of general circulation, notices on the 4 internet, including the website of the Juniper Butte 5 Range (if one exists), and any other means consid- 6 ered necessary or desirable by the Secretaries. 7 ‘‘(4) DETERMINATION OF CONTINUING MILI- 8 TARY NEED.—With each report prepared pursuant 9 to this subsection, the Secretary of the Air Force 10 shall attach the Secretary’s determination regarding 11 whether there will be a continuing military need for 12 any or all the withdrawn and reserved lands for the 13 following 5 years. 14 ‘‘(5) DISTRIBUTION OF REPORT.—The Sec- 15 retary of the Air Force shall make the final version 16 of a report under this subsection available to the 17 public and shall submit the final version of such a 18 report to the Committees on Armed Services and 19 Energy and Natural Resources of the Senate and 20 the Committees on Armed Services and Natural Re- 21 sources of the House of Representatives.’’. 22 (3) CLERICAL AMENDMENTS.—The table of 23 contents of the Juniper Butte Range Withdrawal 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01303 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1304 HR 5515 PCS Act (title XXIX of Public Law 105-261; 112 Stat. 1 2226) is amended— 2 (A) by amending the item relating to sec- 3 tion 2915 to read as follows: 4 ‘‘Sec. 2915. Relinquishment of withdrawal.’’; and 5 (B) by amending the item relating to sec- 6 tion 2916 to read as follows: 7 ‘‘Sec. 2916. Environmental remediation of relinquished withdrawn lands.’’. (d) RANGES COVERED BY SUBTITLE A OF MILITARY 8 LANDS WITHDRAWAL ACT OF 1999.— 9 (1) ELIMINATION OF TERMINATION DATE AND 10 CONFORMING AMENDMENTS.—The Military Lands 11 Withdrawal Act of 1999 (title XXX of Public Law 12 106–65; 113 Stat. 885) is amended— 13 (A) by striking section 3015; 14 (B) by striking section 3016 and inserting 15 the following new section: 16 ‘‘SEC. 3016. RELINQUISHMENT. 17 ‘‘(a) NOTICE OF INTENT REGARDING RELINQUISH- 18 MENT.—If the Secretary of the military department con- 19 cerned decides to relinquish all or any of the lands with- 20 drawn and reserved by section 3011, such Secretary shall 21 transmit a notice of intent to relinquish such lands to the 22 Secretary of the Interior. 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01304 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1305 HR 5515 PCS ‘‘(b) OPENING DATE.—On the date of relinquishment 1 of the withdrawal and reservation of lands withdrawn and 2 reserved by section 3011, such lands shall not be open to 3 any form of appropriation under the public land laws, in- 4 cluding the mineral laws and the mineral leasing and geo- 5 thermal leasing laws, until the Secretary of the Interior 6 publishes in the Federal Register an appropriate order 7 stating the date upon which such lands shall be restored 8 to the public domain and opened.’’; and 9 (C) in section 3017— 10 (i) by striking ‘‘section 3016(d)’’ each 11 place it appears and inserting ‘‘section 12 3016’’; and 13 (ii) in subsection (e)— 14 (I) by striking ‘‘If because’’ and 15 everything that follows through ‘‘de- 16 termines that’’ and inserting ‘‘If the 17 Secretary of the Interior declines to 18 accept jurisdiction over lands with- 19 drawn by this subtitle which have 20 been proposed for relinquishment be- 21 cause the Secretary determines that’’; 22 and 23 (II) in paragraph (2), by striking 24 ‘‘the expiration of the withdrawal of 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01305 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1306 HR 5515 PCS such lands under this subtitle’’ and 1 inserting ‘‘such determination’’. 2 (2) ESTABLISHMENT OF INTERGOVERNMENTAL 3 EXECUTIVE COMMITTEES.—Section 3014 of the 4 Military Lands Withdrawal Act of 1999 (title XXX 5 of Public Law 106–65; 113 Stat. 890) is amended 6 by adding at the end the following new subsection: 7 ‘‘(g) INTERGOVERNMENTAL EXECUTIVE COMMIT- 8 TEES.— 9 ‘‘(1) ESTABLISHMENT AND PURPOSE.—For the 10 lands withdrawn and reserved by section 3011, the 11 Secretary of the military department concerned and 12 the Secretary of the Interior shall establish, by 13 memorandum of understanding, an intergovern- 14 mental executive committee for each range for the 15 sole purpose of exchanging views, information, and 16 advice relating to the management of the natural 17 and cultural resources of the withdrawn and re- 18 served lands. 19 ‘‘(2) COMPOSITION.—(A) The Secretary of the 20 military department concerned and the Secretary of 21 the Interior shall include representatives from inter- 22 ested Federal agencies as members of the intergov- 23 ernmental executive committee for a range. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01306 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1307 HR 5515 PCS ‘‘(B) The Secretary of the military department 1 concerned and the Secretary of the Interior shall in- 2 vite to serve as members of the intergovernmental 3 executive committee for a range— 4 ‘‘(i) at least one elected officer (or other 5 authorized representative) from the government 6 of the State in which the withdrawn and re- 7 served lands are located; and 8 ‘‘(ii) at least one elected officer (or other 9 authorized representative) from each local gov- 10 ernment and Indian tribal government in the vi- 11 cinity of the withdrawn and reserved lands, as 12 determined by the Secretaries. 13 ‘‘(3) OPERATION.—The intergovernmental exec- 14 utive committee for a range shall operate in accord- 15 ance with the terms set forth in the memorandum 16 of understanding. 17 ‘‘(4) PROCEDURES.—The memorandum of un- 18 derstanding for a range shall establish procedures 19 for creating a forum for exchanging views, informa- 20 tion, and advice relating to the management of nat- 21 ural and cultural resources on the withdrawn and re- 22 served lands, procedures for rotating the chair of the 23 intergovernmental executive committee, and proce- 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01307 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1308 HR 5515 PCS dures for scheduling regular meetings, which shall 1 occur no less frequently than twice a year. 2 ‘‘(5) COORDINATOR.—The Secretary of the 3 military department concerned, in consultation with 4 the Secretary of the Interior, shall appoint an indi- 5 vidual to serve as coordinator of the intergovern- 6 mental executive committee for a range. The duties 7 of the coordinator shall be included in the memo- 8 randum of understanding. The coordinator shall not 9 be a member of the committee.’’. 10 (3) DETERMINATION OF CONTINUING MILITARY 11 NEED FOR WITHDRAWAL AND RESERVATION AND 12 PUBLIC REPORTS.—The Military Lands Withdrawal 13 Act of 1999 (title XXX of Public Law 106–65; 113 14 Stat. 885), as amended by paragraph (1), is further 15 amended by inserting after section 3014 the fol- 16 lowing new section: 17 ‘‘SEC. 3015. DETERMINATION OF CONTINUING MILITARY 18 NEED FOR WITHDRAWAL AND RESERVATION 19 AND PUBLIC REPORTS. 20 ‘‘(a) PUBLIC REPORTS.— 21 ‘‘(1) CHANGES IN LAND CONDITIONS.—(A) 22 Concurrent with each review as to operation and ef- 23 fect of an integrated natural resources management 24 plan covering lands withdrawn and reserved under 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01308 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1309 HR 5515 PCS this title, as required by section 101(b)(2) of the 1 Sikes Act (16 U.S.C. 670a(b)(2)), the Secretary of 2 the military department concerned and the Secretary 3 of the Interior shall jointly prepare and issue a re- 4 port describing any changes in the condition of the 5 lands withdrawn and reserved under this subtitle 6 since the later of the date of any previous report 7 under this paragraph or the date of the environ- 8 mental analysis prepared to support the actions that 9 changed the condition of the lands. 10 ‘‘(B) A report under subparagraph (A) shall in- 11 clude a summary of current military use of the lands 12 covered by the plan, any changes in military use of 13 the lands since the previous report, and efforts re- 14 lated to the management of natural and cultural re- 15 sources and environmental remediation of the lands 16 during the previous five years. 17 ‘‘(2) COMBINATION WITH OTHER REPORTS.—A 18 report under this subsection may be combined with, 19 or incorporate by reference, any contemporary report 20 required by any other provision of law regarding the 21 lands covered by the integrated natural resources 22 management plan. 23 ‘‘(3) PUBLIC REVIEW AND COMMENT.—(A) Be- 24 fore the finalization of a report under this sub- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01309 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1310 HR 5515 PCS section, the Secretary of the military department 1 concerned and the Secretary of the Interior shall in- 2 vite interested members of the public to review and 3 comment on the report, and shall hold at least one 4 public meeting concerning the report in a location or 5 locations reasonably accessible to persons who may 6 be affected by management of the lands addressed 7 by the report. 8 ‘‘(B) Each public meeting under subparagraph 9 (A) shall be announced not less than 15 days before 10 the date of the meeting by advertisements in local 11 newspapers of general circulation, notices on the 12 internet, including the website of the affected mili- 13 tary range (if one exists), and any other means con- 14 sidered necessary or desirable by the Secretaries. 15 ‘‘(4) DISTRIBUTION OF REPORT.—The Sec- 16 retary of the military department concerned shall 17 make the final version of a report under this sub- 18 section available to the public and shall submit the 19 final version of such a report to the Committees on 20 Armed Services and Energy and Natural Resources 21 of the Senate and the Committees on Armed Serv- 22 ices and Natural Resources of the House of Rep- 23 resentatives. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01310 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1311 HR 5515 PCS ‘‘(b) DETERMINATION OF CONTINUING MILITARY 1 NEED.—With each report prepared pursuant to sub- 2 section (a), the Secretary of the military department con- 3 cerned shall attach the Secretary’s determination regard- 4 ing whether there will be a continuing military need for 5 any or all of the withdrawn and reserved lands for the 6 following 5 years.’’. 7 (4) CLERICAL AMENDMENTS.—The table of 8 contents of the Military Lands Withdrawal Act of 9 1999 (title XXX of Public Law 106-65; 113 Stat. 10 885) is amended— 11 (A) by amending the item relating to sec- 12 tion 3015 to read as follows: 13 ‘‘Sec. 3015. Determination of continuing military need for withdrawal and res- ervation and public reports.’’; and 14 (B) by amending the item relating to sec- 15 tion 3016 to read as follows: 16 ‘‘Sec. 3016. Relinquishment.’’. (e) BARRY M. GOLDWATER RANGE.— 17 (1) ELIMINATION OF TERMINATION DATE AND 18 CONFORMING AMENDMENTS.—Section 3031 of the 19 Military Lands Withdrawal Act of 1999 (title XXX 20 of Public Law 106–65; 113 Stat. 897) is amended— 21 (A) in subsection (c)— 22 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01311 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1312 HR 5515 PCS (i) in paragraph (1), by striking ‘‘, in- 1 cluding the duration of any renewal or ex- 2 tension’’; 3 (ii) in paragraph (2)— 4 (I) in the paragraph heading, by 5 striking ‘‘OR TERMINATION’’; and 6 (II) in subparagraph (C), by 7 striking the last sentence; and 8 (iii) in paragraph (3)(A), by striking 9 ‘‘or termination’’; and 10 (B) in subsection (d), by striking ‘‘DURA- 11 TION’’ and all that follows through ‘‘of the ter- 12 mination’’ and inserting ‘‘EFFECT OF RELIN- 13 QUISHMENT ON OPERATION OF GENERAL 14 LAND LAWS.—On the date of relinquishment’’; 15 (C) by striking subsection (e); and 16 (D) in subsection (f)— 17 (i) in the subsection heading, by strik- 18 ing ‘‘TERMINATION AND’’; 19 (ii) in paragraph (1), by striking ‘‘but 20 not later than three years before the termi- 21 nation of the withdrawal and reservation,’’; 22 (iii) in paragraph (3), by striking ‘‘be- 23 fore the termination date of the withdrawal 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01312 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1313 HR 5515 PCS and reservation of such lands under this 1 section’’; and 2 (iv) in paragraph (4)(A), by striking 3 ‘‘Notwithstanding the termination date, 4 unless’’ and inserting ‘‘Unless’’. 5 (2) DETERMINATIONS OF CONTINUING MILI- 6 TARY NEED FOR WITHDRAWAL AND RESERVA- 7 TION.—Section 3031 of the Military Lands With- 8 drawal Act of 1999 (title XXX of Public Law 106– 9 65; 113 Stat. 897), as amended by paragraph (1), 10 is further amended by inserting after subsection (d) 11 the following new subsection: 12 ‘‘(e) DETERMINATION OF CONTINUING MILITARY 13 NEED.—With each report prepared pursuant to sub- 14 section (b)(5), the Secretary of the Navy and the Sec- 15 retary of the Air Force shall attach the Secretary’s deter- 16 mination regarding whether there will be a continuing 17 military need for any or all the withdrawn and reserved 18 lands for the following 5 years.’’. 19 (3) USE OF DEFINITIONS.—Section 3031(c)(5) 20 of the Military Lands Withdrawal Act of 1999 (title 21 XXX of Public Law 106–65; 113 Stat. 907) is 22 amended by striking subparagraphs (A) and (B) and 23 inserting the following: 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01313 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1314 HR 5515 PCS ‘‘(A) The term ‘military munitions’ has the 1 meaning given that term in section 101(e)(4) of 2 title 10, United States Code. 3 ‘‘(B) The term ‘unexploded ordnance’ has 4 the meaning given that term in section 5 101(e)(5) of such title.’’. 6 (f) NATIONAL TRAINING CENTER.— 7 (1) ELIMINATION OF TERMINATION DATE AND 8 CONFORMING AMENDMENTS.—The Fort Irwin Mili- 9 tary Land Withdrawal Act of 2001 (title XXIX of 10 Public Law 107–107; 115 Stat. 1335) is amended— 11 (A) in section 2910, by striking the section 12 heading and all that follows through ‘‘At the 13 time of the termination’’ and inserting the fol- 14 lowing: 15 ‘‘SEC. 2910. EFFECT OF RELINQUISHMENT ON OPERATION 16 OF GENERAL LAND LAWS. 17 ‘‘On the date of relinquishment’’; 18 (B) by striking section 2911; and 19 (C) in section 2912— 20 (i) in the section heading, by striking 21 ‘‘Termination and’’; 22 (ii) in subsection (a), by striking 23 ‘‘During the first 22 years of the with- 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01314 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1315 HR 5515 PCS drawal and reservation made by this title, 1 if’’ and inserting ‘‘If’’; 2 (iii) in subsection (c), by striking ‘‘be- 3 fore the termination date of the withdrawal 4 and reservation’’; and 5 (iv) in subsection (d), by striking 6 ‘‘Notwithstanding the termination date 7 specified in section 2910, unless’’ and in- 8 serting ‘‘Unless’’. 9 (2) DETERMINATION OF CONTINUING MILITARY 10 NEED FOR WITHDRAWAL AND RESERVATION AND 11 PUBLIC REPORTS.—The Fort Irwin Military Land 12 Withdrawal Act of 2001 (title XXIX of Public Law 13 107–107; 115 Stat. 1335) is further amended by in- 14 serting after section 2910 the following new section: 15 ‘‘SEC. 2911. DETERMINATION OF CONTINUING MILITARY 16 NEED FOR WITHDRAWAL AND RESERVATION 17 AND PUBLIC REPORTS. 18 ‘‘(a) PUBLIC REPORTS.— 19 ‘‘(1) CHANGES IN LAND CONDITIONS.—(A) 20 Concurrent with each review as to operation and ef- 21 fect of an integrated natural resources management 22 plan covering lands withdrawn and reserved under 23 this title, as required by section 101(b)(2) of the 24 Sikes Act (16 U.S.C. 670a(b)(2)), the Secretary of 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01315 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1316 HR 5515 PCS the Army and the Secretary of the Interior shall 1 jointly prepare and issue a report describing any 2 changes in the condition of the lands withdrawn and 3 reserved under this title since the later of the date 4 of any previous report under this paragraph or the 5 date of the environmental analysis prepared to sup- 6 port the actions that changed the condition of the 7 lands. 8 ‘‘(B) A report under subparagraph (A) shall in- 9 clude a summary of current military use of the lands 10 withdrawn and reserved by this title, any changes in 11 military use of the lands since the previous report, 12 and efforts related to the management of natural 13 and cultural resources and environmental remedi- 14 ation of the lands during the previous five years. 15 ‘‘(2) COMBINATION WITH OTHER REPORTS.—A 16 report under this subsection may be combined with, 17 or incorporate by reference, any contemporary report 18 required by any other provision of law regarding the 19 lands withdrawn and reserved by this title. 20 ‘‘(3) PUBLIC REVIEW AND COMMENT.—(A) Be- 21 fore the finalization of a report under this sub- 22 section, the Secretary of the Army and the Secretary 23 of the Interior shall invite interested members of the 24 public to review and comment on the report, and 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01316 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1317 HR 5515 PCS shall hold at least one public meeting concerning the 1 report in a location or locations reasonably accessible 2 to persons who may be affected by management of 3 the lands withdrawn and reserved by this title. 4 ‘‘(B) Each public meeting under subparagraph 5 (A) shall be announced not less than 15 days before 6 the date of the meeting by advertisements in local 7 newspapers of general circulation, notices on the 8 internet, including the website of National Training 9 Center, and any other means considered necessary 10 or desirable by the Secretaries. 11 ‘‘(4) DISTRIBUTION OF REPORT.—The Sec- 12 retary of the Army shall make the final version of 13 a report under this subsection available to the public 14 and shall submit the final version of such a report 15 to the Committees on Armed Services and Energy 16 and Natural Resources of the Senate and the Com- 17 mittees on Armed Services and Natural Resources of 18 the House of Representatives. 19 ‘‘(b) PERIODIC DETERMINATION OF CONTINUING 20 NEED.—With each report prepared pursuant to sub- 21 section (a), the Secretary of the Army shall attach the Sec- 22 retary’s determination regarding whether there will be a 23 continuing military need for any or all of the withdrawn 24 and reserved lands for the following 5 years.’’. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01317 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1318 HR 5515 PCS (3) ESTABLISHMENT OF INTERGOVERNMENTAL 1 EXECUTIVE COMMITTEE.—The Fort Irwin Military 2 Land Withdrawal Act of 2001 (title XXIX of Public 3 Law 107–107; 115 Stat. 1335) is amended by add- 4 ing at the end the following new section: 5 ‘‘SEC. 2914. INTERGOVERNMENTAL EXECUTIVE COM- 6 MITTEE. 7 ‘‘(a) ESTABLISHMENT AND PURPOSE.—The Sec- 8 retary of the Army and the Secretary of the Interior shall 9 establish, by memorandum of understanding, an intergov- 10 ernmental executive committee for the sole purpose of ex- 11 changing views, information, and advice relating to the 12 management of the natural and cultural resources of the 13 lands withdrawn and reserved by this title. 14 ‘‘(b) COMPOSITION.— 15 ‘‘(1) REPRESENTATIVES OF OTHER FEDERAL 16 AGENCIES.—The Secretary of the Army and the Sec- 17 retary of the Interior shall include representatives 18 from interested Federal agencies as members of the 19 intergovernmental executive committee. 20 ‘‘(2) REPRESENTATIVES OF STATE AND LOCAL 21 GOVERNMENTS.—The Secretary of the Army and 22 the Secretary of the Interior shall invite to serve as 23 members of the intergovernmental executive com- 24 mittee— 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01318 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1319 HR 5515 PCS ‘‘(A) at least one elected officer (or other 1 authorized representative) from the government 2 of the State of California; and 3 ‘‘(B) at least one elected officer (or other 4 authorized representative) from each local gov- 5 ernment and Indian tribal government in the vi- 6 cinity of the withdrawn and reserved lands, as 7 determined by the Secretaries. 8 ‘‘(c) OPERATION.—The intergovernmental executive 9 committee shall operate in accordance with the terms set 10 forth in the memorandum of understanding under sub- 11 section (a). 12 ‘‘(d) PROCEDURES.—The memorandum of under- 13 standing under subsection (a) shall establish procedures 14 for creating a forum for exchanging views, information, 15 and advice relating to the management of natural and cul- 16 tural resources on the lands withdrawn and reserved by 17 this title, procedures for rotating the chair of the intergov- 18 ernmental executive committee, and procedures for sched- 19 uling regular meetings, which shall occur no less fre- 20 quently than twice a year. 21 ‘‘(e) COORDINATOR.—The Secretary of the Army, in 22 consultation with the Secretary of the Interior, shall ap- 23 point an individual to serve as coordinator of the intergov- 24 ernmental executive committee. The duties of the coordi- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01319 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1320 HR 5515 PCS nator shall be included in the memorandum of under- 1 standing under subsection (a). The coordinator shall not 2 be a member of the committee.’’. 3 (4) CLERICAL AMENDMENTS.—The table of 4 contents of the Fort Irwin Military Land With- 5 drawal Act of 2001 (title XXIX of Public Law 107- 6 107; 115 Stat. 1335) is amended— 7 (A) by amending the item relating to sec- 8 tion 2910 to read as follows: 9 ‘‘Sec. 2910. Effect of relinquishment on operation of general land laws.’’; (B) by amending the item relating to sec- 10 tion 2911 to read as follows: 11 ‘‘Sec. 2911. Determination of continuing military need for withdrawal and res- ervation and public reports.’’; (C) by amending the item relating to sec- 12 tion 2912 to read as follows: 13 ‘‘Sec. 2912. Relinquishment.’’; and 14 (D) by inserting after the item relating to 15 section 2913 the following new item: 16 ‘‘Sec. 2914. Intergovernmental executive committee.’’. (g) RANGES COVERED BY MILITARY LAND WITH- 17 DRAWALS ACT OF 2013.— 18 (1) ELIMINATION OF TERMINATION DATE AND 19 CONFORMING AMENDMENTS.—The Military Land 20 Withdrawals Act of 2013 (title XXIX of Public Law 21 113–66; 127 Stat. 1025) is amended— 22 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01320 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1321 HR 5515 PCS (A) by striking sections 2919, 2920; 2936, 1 2946, and 2979; 2 (B) in section 2921, by striking ‘‘On the 3 termination of’’ and inserting ‘‘On the relin- 4 quishment of’’; and 5 (C) in section 2922(d)(3)— 6 (i) in the paragraph heading, by strik- 7 ing ‘‘ON TERMINATION’’ and inserting 8 ‘‘UPON RELINQUISHMENT’’; and 9 (ii) by striking ‘‘or if at the expiration 10 of the withdrawal and reservation,’’. 11 (2) ESTABLISHMENT OF INTERGOVERNMENTAL 12 EXECUTIVE COMMITTEE.—The Military Land With- 13 drawals Act of 2013 (title XXIX of Public Law 14 113–66; 127 Stat. 1025) is further amended by in- 15 serting after section 2918 the following new section: 16 ‘‘SEC. 2919. INTERGOVERNMENTAL EXECUTIVE COM- 17 MITTEE. 18 ‘‘(a) ESTABLISHMENT AND PURPOSE.—For the lands 19 withdrawn and reserved by sections 2941 and 2971, the 20 Secretary concerned and the Secretary of the Interior shall 21 establish, by memorandum of understanding, an intergov- 22 ernmental executive committee for each location for the 23 sole purpose of exchanging views, information, and advice 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01321 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1322 HR 5515 PCS relating to the management of the natural and cultural 1 resources of the withdrawn and reserved lands. 2 ‘‘(b) COMPOSITION.— 3 ‘‘(1) REPRESENTATIVES OF OTHER FEDERAL 4 AGENCIES.—The Secretary concerned and the Sec- 5 retary of the Interior shall include representatives 6 from interested Federal agencies as members of the 7 intergovernmental executive committee for a location 8 covered by subsection (a). 9 ‘‘(2) REPRESENTATIVES OF STATE AND LOCAL 10 GOVERNMENTS.—The Secretary concerned and the 11 Secretary of the Interior shall invite to serve as 12 members of the intergovernmental executive com- 13 mittee for a location covered by subsection (a)— 14 ‘‘(A) at least one elected officer (or other 15 authorized representative) from the government 16 of the State in which the withdrawn and re- 17 served lands are located; and 18 ‘‘(B) at least one elected officer (or other 19 authorized representative) from each local gov- 20 ernment and Indian tribal government in the vi- 21 cinity of the withdrawn and reserved lands, as 22 determined by the Secretaries. 23 ‘‘(c) OPERATION.—The intergovernmental executive 24 committee for a location covered by subsection (a) shall 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01322 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1323 HR 5515 PCS operate in accordance with the terms set forth in the 1 memorandum of understanding under subsection (a). 2 ‘‘(d) PROCEDURES.—The memorandum of under- 3 standing under subsection (a) shall establish procedures 4 for creating a forum for exchanging views, information, 5 and advice relating to the management of natural and cul- 6 tural resources on the withdrawn and reserved lands, pro- 7 cedures for rotating the chair of the intergovernmental ex- 8 ecutive committee, and procedures for scheduling regular 9 meetings, which shall occur no less frequently than twice 10 a year. 11 ‘‘(e) COORDINATOR.—The Secretary concerned, in 12 consultation with the Secretary of the Interior, shall ap- 13 point an individual to serve as coordinator of the intergov- 14 ernmental executive committee for a location covered by 15 subsection (a). The duties of the coordinator shall be in- 16 cluded in the memorandum of understanding under sub- 17 section (a). The coordinator shall not be a member of the 18 committee.’’. 19 (3) DETERMINATION OF CONTINUING MILITARY 20 NEED FOR WITHDRAWAL AND RESERVATION AND 21 PUBLIC REPORTS.—The Military Land Withdrawals 22 Act of 2013 (title XXIX of Public Law 113–66; 127 23 Stat. 1025) is further amended by inserting after 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01323 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1324 HR 5515 PCS section 2919, as added by paragraph (2), the fol- 1 lowing new section: 2 ‘‘SEC. 2920. DETERMINATION OF CONTINUING MILITARY 3 NEED FOR WITHDRAWAL AND RESERVATION 4 AND PUBLIC REPORTS. 5 ‘‘(a) PUBLIC REPORTS.— 6 ‘‘(1) CHANGES IN LAND CONDITIONS.—(A) 7 Concurrent with each review as to operation and ef- 8 fect of an integrated natural resources management 9 plan covering lands withdrawn and reserved under 10 this title, as required by section 101(b)(2) of the 11 Sikes Act (16 U.S.C. 670a(b)(2)), the Secretary of 12 the military department concerned and the Secretary 13 of the Interior shall jointly prepare and issue a re- 14 port describing any changes in the condition of the 15 lands covered by the plan since the later of the date 16 of any previous report under this paragraph or the 17 date of the environmental analysis prepared to sup- 18 port the actions that changed the condition of the 19 lands. 20 ‘‘(B) A report under subparagraph (A) shall in- 21 clude a summary of current military use of the lands 22 covered by the plan, any changes in military use of 23 the lands since the previous report, and efforts re- 24 lated to the management of natural and cultural re- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01324 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1325 HR 5515 PCS sources and environmental remediation of the lands 1 during the previous five years. 2 ‘‘(2) COMBINATION WITH OTHER REPORTS.—A 3 report under this subsection may be combined with, 4 or incorporate by reference, any contemporary report 5 required by any other provision of law regarding the 6 lands addressed by the report. 7 ‘‘(3) PUBLIC REVIEW AND COMMENT.—(A) Be- 8 fore the finalization of a report under this sub- 9 section, the Secretary of the military department 10 concerned and the Secretary of the Interior shall in- 11 vite interested members of the public to review and 12 comment on the report, and shall hold at least one 13 public meeting concerning the report in a location or 14 locations reasonably accessible to persons who may 15 be affected by management of the lands addressed 16 by the report. 17 ‘‘(B) Each public meeting under subparagraph 18 (A) shall be announced not less than 15 days before 19 the date of the meeting by advertisements in local 20 newspapers of general circulation, notices on the 21 internet, including the website of the affected mili- 22 tary range (if one exists), and any other means con- 23 sidered necessary or desirable by the Secretaries. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01325 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1326 HR 5515 PCS ‘‘(4) DISTRIBUTION OF REPORT.—The Sec- 1 retary of the military department concerned shall 2 make the final version of a report under this sub- 3 section available to the public and shall submit the 4 final version of such a report to the Committees on 5 Armed Services and Energy and Natural Resources 6 of the Senate and the Committees on Armed Serv- 7 ices and Natural Resources of the House of Rep- 8 resentatives. 9 ‘‘(b) DETERMINATION OF CONTINUING MILITARY 10 NEED.—With each report prepared pursuant to sub- 11 section (a), the Secretary of the military department con- 12 cerned shall attach the Secretary’s determination regard- 13 ing whether there will be a continuing military need for 14 any or all of the withdrawn and reserved lands for the 15 following 5 years.’’. 16 (4) CLERICAL AMENDMENTS.—The table of 17 contents of the Military Land Withdrawals Act of 18 2013 (title XXIX of Public Law 113-66; 127 Stat. 19 1025) is amended— 20 (A) by striking the item relating to section 21 2919 and inserting the following new item: 22 ‘‘Sec. 2919. Intergovernmental executive committee.’’; (B) by striking the item relating to section 23 2920 and inserting the following new item: 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01326 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1327 HR 5515 PCS ‘‘Sec. 2920. Determination of continuing military need for withdrawal and res- ervation and public reports.’’; and 1 (C) by striking the items relating to sec- 2 tion 2936, 2946, and 2979. 3 (h) REQUESTS FOR WITHDRAWALS MADE TO SEC- 4 RETARY OF THE INTERIOR; TEMPORARY USE PERMITS 5 AND TRANSFERS OF SMALL PARCELS OF LAND BETWEEN 6 DEPARTMENTS OF INTERIOR AND MILITARY DEPART- 7 MENTS; MORE EFFICIENT SURVEYING OF LANDS.— 8 (1) REQUIRING REQUESTS FOR WITHDRAWALS 9 TO BE MADE TO SECRETARY OF THE INTERIOR.— 10 Section 3 of the Act of February 28, 1958 (Public 11 Law 85–337; 43 U.S.C. 157), is amended— 12 (A) by striking ‘‘Any application’’ and in- 13 serting ‘‘(a) CONTENTS OF APPLICATION.—Any 14 application’’; and 15 (B) by striking ‘‘shall specify’’ and insert- 16 ing ‘‘shall be filed with the Secretary of the In- 17 terior and shall specify’’. 18 (2) AUTHORIZATION OF ADDITIONAL ARRANGE- 19 MENTS FOR USE AND TRANSFER OF LANDS UNDER 20 JURISDICTION OF SECRETARY OF THE INTERIOR.— 21 Such Act (43 U.S.C. 155 et seq.) is further amended 22 by adding at the end the following new sections: 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01327 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1328 HR 5515 PCS ‘‘SEC. 7. SHORT-TERM PERMITS FOR USE OF DEPARTMENT 1 OF INTERIOR LANDS FOR MILITARY TRAIN- 2 ING AND TESTING. 3 ‘‘(a) AUTHORITY.—In addition to any other authority 4 to grant permits for the use of land, the Secretary of the 5 Interior may grant a permit to the Secretary of Defense 6 to use land under the administrative jurisdiction of the 7 Secretary of the Interior. Any such permit— 8 ‘‘(1) shall be issued consistent with section 9 2691 of title 10, United States Code; 10 ‘‘(2) shall allow the Department of Defense to 11 use the land only for purposes of training and test- 12 ing that are consistent with the purposes for which 13 the Secretary of the Interior manages the land; and 14 ‘‘(3) may contain such other requirements as 15 the Secretary of the Interior considers appropriate. 16 ‘‘(b) DURATION OF PERMIT.—A permit granted 17 under this section shall be in effect for such period as the 18 Secretary of the Interior may provide, except that such 19 period may not exceed 30 days. 20 ‘‘SEC. 8. TRANSFERS OF SMALL PARCELS OF LAND BE- 21 TWEEN THE DEPARTMENTS OF DEFENSE AND 22 INTERIOR. 23 ‘‘(a) TRANSFER AUTHORIZED.—Subject to any valid 24 existing rights, upon mutual agreement, and without cost 25 for the value of the land or any improvements thereon— 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01328 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1329 HR 5515 PCS ‘‘(1) the Secretary of the Interior may transfer 1 administrative jurisdiction over land that meets the 2 requirements of subsection (b) to the Secretary of a 3 military department; and 4 ‘‘(2) the Secretary of a military department 5 may transfer administrative jurisdiction over land 6 that meets the requirements of subsection (b) to the 7 Secretary of the Interior. 8 ‘‘(b) REQUIREMENTS FOR LAND ELIGIBLE FOR 9 TRANSFER.—The requirements of this subsection are as 10 follows: 11 ‘‘(1) CONTIGUITY.—The land is contiguous to 12 land already under the administrative jurisdiction of 13 the Secretary to whom such jurisdiction is trans- 14 ferred. 15 ‘‘(2) LIMITATION ON ACREAGE.—No single par- 16 cel of the land is larger than 5,000 acres of contig- 17 uous area. 18 ‘‘(3) NO RECENT PRIOR TRANSFER OF CONTIG- 19 UOUS LAND.—The land is not contiguous to any 20 other land for which administrative jurisdiction has 21 been transferred under the authority of this section 22 during the previous 5 years. 23 ‘‘(4) PRIOR USE FOR DEFENSE PURPOSES.—In 24 the case of land transferred to the Department of 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01329 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1330 HR 5515 PCS Defense, the land was used for defense purposes im- 1 mediately prior to the date of transfer. 2 ‘‘(c) MAP AND LEGAL DESCRIPTION.— 3 ‘‘(1) PREPARATION AND PUBLICATION.—The 4 Secretary of the Interior shall— 5 ‘‘(A) publish in the Federal Register a no- 6 tice containing the legal description of any land 7 transferred under subsection (a); 8 ‘‘(B) file maps and legal descriptions of 9 the land with— 10 ‘‘(i) the Committees on Armed Serv- 11 ices and Energy and Natural Resources of 12 the Senate, and 13 ‘‘(ii) the Committees on Armed Serv- 14 ices and Natural Resources of the House 15 of Representatives; and 16 ‘‘(C) make copies of such maps and legal 17 descriptions available for public inspection in 18 the appropriate offices of the Bureau of Land 19 Management. 20 ‘‘(2) FORCE OF LAW.—For purposes of any 21 transfer of administrative jurisdiction over land 22 under this section, the legal description and map for 23 the land shall be the legal description of the land 24 filed under paragraph (1)(B), except that the Sec- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01330 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1331 HR 5515 PCS retary of the Interior may correct clerical and typo- 1 graphical errors in the legal description or map. 2 ‘‘(3) COSTS.—The Secretary of the military de- 3 partment to whom administrative jurisdiction over 4 land is transferred under subsection (a)(1) shall re- 5 imburse the Secretary of the Interior for the costs 6 incurred by the Secretary of the Interior in imple- 7 menting this subsection with respect to such land. 8 ‘‘(d) TREATMENT AND USE OF LAND TRANSFERRED 9 TO THE SECRETARY OF A MILITARY DEPARTMENT.— 10 Upon a transfer of administrative jurisdiction over land 11 to the Secretary of a military department under subsection 12 (a)(1)— 13 ‘‘(1) the land shall be treated as property (as 14 defined in section 102(9) of title 40, United States 15 Code) under the administrative jurisdiction of the 16 Secretary of the military department; and 17 ‘‘(2) for as long as the land is under the admin- 18 istrative jurisdiction of a Secretary of a military de- 19 partment, the land shall be withdrawn from— 20 ‘‘(A) all forms of entry, appropriation, or 21 disposition under the public land laws; 22 ‘‘(B) location, entry, and patent under the 23 mining laws; 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01331 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1332 HR 5515 PCS ‘‘(C) disposition under all laws relating to 1 mineral materials and all laws relating to min- 2 eral and geothermal leasing. 3 ‘‘(e) TREATMENT AND USE OF LAND TRANSFERRED 4 TO THE SECRETARY OF THE INTERIOR.—Upon a transfer 5 of administrative jurisdiction over land to the Secretary 6 of the Interior under subsection (a)(2)— 7 ‘‘(1) the land shall become public land; and 8 ‘‘(2) the land shall be administered for the 9 same purposes and be subject to the same conditions 10 of use as the adjacent public land. 11 ‘‘(f) EFFECT ON OTHER AUTHORITIES.—The au- 12 thority provided by this section is in addition to, and not 13 subject to, any other authority relating to transfers of 14 land.’’. 15 (3) SHORT TITLE.—The first section of such 16 Act (43 U.S.C. 155) is amended— 17 (A) by striking ‘‘That, notwithstanding’’ 18 and inserting ‘‘SECTION 1. (a) WITHDRAWAL, 19 RESERVATION, OR RESTRICTION OF PUBLIC 20 LANDS FOR DEFENSE PURPOSES.—Notwith- 21 standing’’; and 22 (B) 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 01332 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1333 HR 5515 PCS ‘‘(b) SHORT TITLE.—This Act may be cited as the 1 ‘Engle Act’.’’. 2 (4) PROMOTING MORE EFFICIENT SURVEYING 3 OF LANDS.—In fixing the original corner position in 4 an official survey of unsurveyed land, when applica- 5 ble and feasible, Cadastral Survey may, instead of 6 using physical monuments, use geographic coordi- 7 nates correlated to the National Spatial Reference 8 System geodetic datum, in accordance with the Man- 9 ual of Surveying Instructions. 10 (i) EFFECT ON NEW LAND WITHDRAWALS AND RES- 11 ERVATIONS.—Nothing in this section or the amendments 12 made by this section shall be construed as changing the 13 requirements imposed on the Department of Defense to 14 obtain a new or expanded land withdrawal and reserva- 15 tion. 16 SEC. 2832. DESIGNATION OF POTENTIAL WILDERNESS 17 AREA. 18 (a) IN GENERAL.—Certain land administered by the 19 National Park Service, comprising approximately 1 acre 20 as generally depicted on the map entitled ‘‘Proposed Po- 21 tential Wilderness, Mormon Peak Microwave Facility, 22 Death Valley National Park’’, numbered 143–142, 834, 23 and dated March 1, 2018, is designated as a potential wil- 24 derness area. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01333 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1334 HR 5515 PCS (b) USES.—The Secretary of the Interior may permit 1 on the land described in subsection (a) only the uses that 2 were permitted on such land on the date of enactment of 3 the California Desert Protection Act of 1994 (Public Law 4 103–433). 5 (c) REESTABLISHMENT OF WILDERNESS DESIGNA- 6 TION.— 7 (1) NOTICE.—The Secretary of the Interior 8 shall publish a notice in the Federal Register when 9 the Secretary determines that— 10 (A) the communications site within the po- 11 tential wilderness area designated under sub- 12 section (a) is no longer used; 13 (B) the associated right-of-way is relin- 14 quished or not renewed; and 15 (C) the conditions in the potential wilder- 16 ness area designated by subsection (a) are com- 17 patible with the Wilderness Act (16 U.S.C. 18 1131 et seq.). 19 (2) DESIGNATION.—Upon publication by the 20 Secretary of the notice described in paragraph (1), 21 the land described in subsection (a) is— 22 (A) designated as wilderness and as a com- 23 ponent of the National Wilderness Preservation 24 System; and 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01334 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1335 HR 5515 PCS (B) incorporated into the Death Valley Na- 1 tional Park Wilderness designated by section 2 601of Public Law 103–433. 3 Subtitle E—Other Matters 4 SEC. 2841. DEFENSE COMMUNITY INFRASTRUCTURE PRO- 5 GRAM. 6 (a) AUTHORIZATION OF PROGRAM.—Section 2391 of 7 title 10, United States Code, is amended— 8 (1) by redesignating subsections (d) and (e) as 9 subsections (e) and (f); and 10 (2) by inserting after subsection (c) the fol- 11 lowing new subsection: 12 ‘‘(d) DEFENSE COMMUNITY INFRASTRUCTURE PRO- 13 GRAM.—(1) The Secretary of Defense may make grants, 14 conclude cooperative agreements, and supplement funds 15 available under Federal programs administered by agen- 16 cies other than the Department of Defense to assist States 17 and units of local government in addressing deficiencies 18 in community infrastructure projects or facilities which 19 are located outside of military installations but which sup- 20 port military installations, and which are owned by the 21 State or unit of local government, if the Secretary deter- 22 mines that such assistance will enhance the military value, 23 resiliency, or military family quality of life at such military 24 installation. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01335 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1336 HR 5515 PCS ‘‘(2) The Secretary shall establish criteria for the eli- 1 gibility and selection of States and units of local govern- 2 ment to receive assistance under this subsection. Such cri- 3 teria shall include a requirement that the State or unit 4 of local government agrees to contribute not less than 20 5 percent of the funding required to address the deficiencies 6 in the community infrastructure project or facility in- 7 volved, except that the Secretary may waive such require- 8 ment in the case of a community infrastructure project 9 or facility which is located in a rural area. 10 ‘‘(3) Prior to providing any assistance to a State or 11 unit of local government with respect to a community in- 12 frastructure project or facility under this subsection, the 13 Secretary shall provide a notification to the appropriate 14 committees of Congress of the intent to provide the assist- 15 ance, and shall include in the notification a comprehensive 16 description of how the assistance will address deficiencies 17 in the project or facility, a certification of military need, 18 and (if applicable) a certification that the State or unit 19 of local government has agreed to contribute funding for 20 the infrastructure as required under paragraph (2). The 21 Secretary may then obligate funds for such assistance only 22 after the end of the 14-day period beginning on the date 23 on which the notification is received by the committees in 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01336 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1337 HR 5515 PCS an electronic medium pursuant to section 480 of this 1 title.’’. 2 (b) DEFINITION.—Section 2391(e) of such title, as 3 redesignated by subsection (a), is amended by adding at 4 the end the following new paragraph: 5 ‘‘(4) The term ‘community infrastructure 6 project or facility’ means any of the following: 7 ‘‘(A) A transportation project. 8 ‘‘(B) A school, hospital, police, fire, emer- 9 gency response, or other community support fa- 10 cility. 11 ‘‘(C) A water, waste-water, telecommuni- 12 cations, electric, gas, or other utility infrastruc- 13 ture project.’’. 14 SEC. 2842. RESTRICTIONS ON USE OF FUNDS FOR DEVEL- 15 OPMENT OF PUBLIC INFRASTRUCTURE IN 16 COMMONWEALTH OF NORTHERN MARIANA 17 ISLANDS. 18 (a) RESTRICTION.—If the Secretary of Defense de- 19 termines that any grant, cooperative agreement, transfer 20 of funds to another Federal agency, or supplement of 21 funds available under Federal programs administered by 22 agencies other than the Department of Defense will result 23 in the development (including repair, replacement, renova- 24 tion, conversion, improvement, expansion, acquisition, or 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01337 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1338 HR 5515 PCS construction) of public infrastructure in the Common- 1 wealth of the Northern Mariana Islands (hereafter in this 2 section referred to as the ‘‘Commonwealth’’), the Sec- 3 retary of Defense may not carry out such grant, transfer, 4 cooperative agreement, or supplemental funding unless 5 such grant, transfer, cooperative agreement, or supple- 6 mental funding— 7 (1) is specifically authorized by law; and 8 (2) will be used to carry out a public infrastruc- 9 ture project included in the report submitted under 10 subsection (b). 11 (b) REPORT OF ECONOMIC ADJUSTMENT COM- 12 MITTEE.— 13 (1) CONVENING OF COMMITTEE.—Not later 14 than 90 days after the date of the enactment of this 15 Act, the Secretary of Defense, as the chair of the 16 Economic Adjustment Committee established in Ex- 17 ecutive Order No. 127887 (10 U.S.C. 2391 note), 18 shall convene the Economic Adjustment Committee 19 to consider assistance, including assistance to sup- 20 port public infrastructure projects, necessary to sup- 21 port changes in Department of Defense activities in 22 the Commonwealth. 23 (2) REPORT.—Not later than 180 days after 24 convening the Economic Adjustment Committee 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01338 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1339 HR 5515 PCS under paragraph (1), the Secretary shall submit to 1 the congressional defense committees a report— 2 (A) describing the results of the Economic 3 Adjustment Committee deliberations required 4 by paragraph (1); and 5 (B) containing a description of any assist- 6 ance the Committee determines to be necessary 7 to support changes in Department of Defense 8 activities in the Commonwealth, including any 9 public infrastructure projects the Committee de- 10 termines should be carried out with such assist- 11 ance. 12 (c) PUBLIC INFRASTRUCTURE DEFINED.—In this 13 section, the term ‘‘public infrastructure’’ means any util- 14 ity, method of transportation, item of equipment, or facil- 15 ity under the control of a public entity or State or local 16 government that is used by, or constructed for the benefit 17 of, the general public. 18 SEC. 2843. STUDY AND REPORT ON COLEMAN BRIDGE, 19 YORK RIVER, VIRGINIA. 20 (a) FINDINGS.—Congress finds the following: 21 (1) Navy vessels must have access to Naval 22 Weapons Station, Yorktown, Virginia, in order to 23 load munitions for war time needs. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01339 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1340 HR 5515 PCS (2) To access the Station, vessels must pass the 1 George P. Coleman Bridge on the York River, which 2 swings open to allow passage. 3 (3) Many Federal employees at the Station and 4 at other critical military installations in the Tide- 5 water region of Virginia live on the north side of the 6 York River and commute to work using the Bridge. 7 (4) The assured operation of the George P. 8 Coleman Memorial Bridge is therefore critical to the 9 operation of Naval Weapons Station, Yorktown and 10 national security generally. 11 (b) STUDY AND REPORT ON INCLUSION OF BRIDGE 12 IN STRATEGIC HIGHWAY NETWORK.— 13 (1) STUDY.—The Commander of the United 14 States Transportation Command shall conduct a 15 study of the feasibility and desirability of including 16 the George P. Coleman Memorial Bridge on the 17 York River, Virginia, and United States Route 17 in 18 the Strategic Highway Network. 19 (2) REPORT.—Not later than 180 days after 20 the date of the enactment of this Act, the Com- 21 mander shall submit to the congressional defense 22 committees a report on the results of the study con- 23 ducted under paragraph (1). 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01340 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1341 HR 5515 PCS SEC. 2844. CERTIFICATIONS REQUIRED PRIOR TO TRANS- 1 FER OF CERTAIN VETERANS MEMORIAL OB- 2 JECT. 3 (a) CERTIFICATIONS.—Subsection (c) of section 2864 4 of the National Defense Authorization Act for Fiscal Year 5 2018 (Public Law 115–91; 131 Stat. 1869) is amended— 6 (1) in the heading, by striking ‘‘TRANSFER’’ 7 and all that follows and inserting ‘‘TRANSFER OF 8 CERTAIN VETERANS MEMORIAL OBJECT’’; 9 (2) in the matter preceding paragraph (1), by 10 striking ‘‘certifies to Congress’’ and inserting ‘‘pro- 11 vides a certification to Congress’’. 12 (3) by redesignating paragraph (2) as para- 13 graph (3); and 14 (4) by inserting after paragraph (1) the fol- 15 lowing new paragraph: 16 ‘‘(2) CERTIFICATION REQUIREMENTS.—The 17 certification required under paragraph (1) shall in- 18 clude a report with a classified annex describing the 19 effects of the transfer of the object under this sub- 20 section on the national security interests of the 21 United States (as required under subparagraph (A) 22 of paragraph (1)) and the efforts undertaken to con- 23 sult with veterans organizations and government of- 24 ficials in the State of Wyoming in order to preserve 25 the history of the veterans associated with the object 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01341 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1342 HR 5515 PCS (as required by subparagraph (B) of paragraph 1 (1)).’’. 2 (b) EFFECTIVE DATE.—The amendment made by 3 subsection (a) shall take effect as if included in the enact- 4 ment of the National Defense Authorization Act for Fiscal 5 Year 2018. 6 SEC. 2845. BATTLESHIP PRESERVATION GRANT PROGRAM. 7 (a) ESTABLISHMENT.—There is hereby established 8 within the Department of the Interior a grant program 9 for the preservation of our nation’s most historic battle- 10 ships. 11 (b) USE OF GRANTS.—Amounts received through 12 grants under this section shall be used for the preservation 13 of our nation’s most historic battleships in a manner that 14 is self-sustaining and has an educational component. 15 (c) CRITERIA FOR ELIGIBILITY.—To be eligible for 16 a grant under this section, an entity shall— 17 (1) submit an application under procedures pre- 18 scribed by the Secretary; 19 (2) match the amount of the grant, on a 1-to- 20 1 basis, with non-Federal assets from non-Federal 21 sources, which may include cash or durable goods 22 and materials fairly valued as determined by the 23 Secretary; 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01342 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1343 HR 5515 PCS (3) maintain records as may be reasonably nec- 1 essary to fully disclose— 2 (A) the amount and the disposition of the 3 proceeds of the grant; 4 (B) the total cost of the project for which 5 the grant is made; and 6 (C) other records as may be required by 7 the Secretary, including such records as will fa- 8 cilitate an effective accounting for project 9 funds; and 10 (4) provide access to the Secretary for the pur- 11 poses of any required audit and examination of any 12 books, documents, papers, and records of the entity. 13 (d) MOST HISTORIC BATTLESHIP DEFINED.—In this 14 section, the term ‘‘most historic battleship’’ means a bat- 15 tleship that is— 16 (1) between 75 and 115 years old; 17 (2) listed on the National Register of Historic 18 Places; and 19 (3) located within the State for which it was 20 named. 21 (e) SAVINGS PROVISION.—The authorities contained 22 in this section shall be in addition to, and shall not be 23 construed to supercede or modify those contained in the 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01343 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1344 HR 5515 PCS National Historic Preservation Act (16 U.S.C. 470–470x– 1 6). 2 (f) PRIVATE PROPERTY PROTECTION.— 3 (1) IN GENERAL.—No Federal funds made 4 available to carry out this section may be used to ac- 5 quire any real property, or any interest in any real 6 property, without the written consent of the owner 7 (or owners) of that property or interest in property. 8 (2) NO DESIGNATION.—The authority granted 9 by this section shall not constitute a Federal des- 10 ignation or have any effect on private property own- 11 ership. 12 (g) SUNSET.—The authority to make grants under 13 this section expires on September 30, 2025. 14 SEC. 2846. RESTRICTIONS ON REHABILITATION OF OVER- 15 THE-HORIZON BACKSCATTER RADAR STA- 16 TION. 17 (a) RESTRICTIONS.—Except as provided in sub- 18 section (b), the Secretary of the Air Force may not use 19 any funds or resources to carry out the rehabilitation of 20 the Over-the-Horizon Backscatter Radar Station on 21 Modoc National Forest land in Modoc County, California. 22 (b) EXCEPTION FOR REMOVAL OF PERIMETER 23 FENCE.—Notwithstanding subsection (a), the Secretary 24 may use funds and resources to remove the perimeter 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01344 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1345 HR 5515 PCS fence surrounding the Over-the-Horizon Backscatter 1 Radar Station and to carry out the mitigation of soil con- 2 tamination associated with such fence. 3 (c) SUNSET.—Subsection (a) shall terminate on the 4 date of the enactment of the National Defense Authoriza- 5 tion Act for Fiscal Year 2020. 6 SEC. 2847. MODIFICATION TO FIRST DIVISION MONUMENT. 7 (a) AUTHORIZATION.—The Society of the First In- 8 fantry Division (an organization described in section 9 501(c)(3) of the Internal Revenue Code of 1986 and ex- 10 empt from taxation under section 501(a) of that code), 11 may make modifications (including construction of addi- 12 tional plaques and stone plinths on which to put the 13 plaques) to the First Division Monument located on Fed- 14 eral land in Presidential Park in District of Columbia that 15 was set aside for memorial purposes of the First Infantry 16 Division, in order to honor the members of the First In- 17 fantry Division who paid the ultimate sacrifice during 18 United States operations, including Operation Desert 19 Storm, Operation Iraqi Freedom and New Dawn, and Op- 20 eration Enduring Freedom. The First Infantry Division 21 at the Department of the Army shall collaborate with the 22 Department of Defense to provide to the Society of the 23 First Infantry Division the list of names to be added. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01345 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1346 HR 5515 PCS (b) NON-APPLICATION OF COMMEMORATIVE WORKS 1 ACT.—Subsections (b) and (c) of section 8903 of title 40, 2 United States Code (commonly known as the ‘‘Commemo- 3 rative Works Act’’), shall not apply to actions taken under 4 subsection (a) of this section. 5 (c) FUNDING.—Federal funds may not be used to pay 6 any expense of the activities of the Society of the First 7 Infantry Division which are authorized by this section. 8 SEC. 2848. DEFENSE ACCESS ROADS RELATING TO CLO- 9 SURES DUE TO SEA LEVEL RISE AND FLOOD- 10 ING. 11 (a) AUTHORITY.—Section 210(a)(1) of title 23, 12 United States Code, is amended by striking ‘‘closures or 13 restrictions’’ and inserting ‘‘closures, closures due to sea 14 level rise and flooding, or restrictions’’. 15 (b) USE OF FUNDS.—Section 210 of title 23, United 16 States Code, is amended by adding at the end the fol- 17 lowing: 18 ‘‘(i) Beginning in fiscal year 2019, funds appro- 19 priated for the purposes of this section shall be available 20 to pay the cost of repairing damage caused to, and for 21 any infrastructure to mitigate the risks posed to, highways 22 by recurrent flooding and sea level rise, if the Secretary 23 shall determine that continued access to a military instal- 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01346 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1347 HR 5515 PCS lation has been impacted by past flooding and projected 1 sea level rise.’’. 2 TITLE XXIX—OVERSEAS CONTIN- 3 GENCY OPERATIONS MILI- 4 TARY CONSTRUCTION 5 SEC. 2901. AUTHORIZED ARMY CONSTRUCTION AND LAND 6 ACQUISITION PROJECTS. 7 The Secretary of the Army may acquire real property 8 and carry out the military construction projects for the 9 installations outside the United States, and in the 10 amounts, set forth in the following table: 11 Army: Outside the United States Country Location Amount Bulgaria ........................ Nevo Selo Fos ...................................................... $5,200,000 Poland ........................... Drawsko Pomorski Training Area ....................... $17,000,000 Powidz Air Base ................................................... $87,000,000 Zagan Training Area ............................................ $40,400,000 Romania ........................ Mihail Kogalniceanu ............................................. $21,651,000 SEC. 2902. AUTHORIZED NAVY CONSTRUCTION AND LAND 12 ACQUISITION PROJECTS. 13 The Secretary of the Navy may acquire real property 14 and carry out the military construction projects for the 15 installations outside the United States, and in the 16 amounts, set forth in the following table: 17 Navy: Outside the United States Country Location Amount Greece ............................ Naval Support Activity Souda Bay ...................... $47,850,000 Italy ............................... Naval Air Station Sigonella ................................. $66,050,000 Spain ............................. Naval Station Rota .............................................. $21,590,000 United Kingdom ............ Lossiemouth ......................................................... $79,130,000 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01347 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1348 HR 5515 PCS SEC. 2903. AUTHORIZED AIR FORCE CONSTRUCTION AND 1 LAND ACQUISITION PROJECTS. 2 The Secretary of the Air Force may acquire real 3 property and carry out the military construction projects 4 for the installations outside the United States, and in the 5 amounts, set forth in the following table: 6 Air Force: Outside the United States Country Location Amount Germany ........................ Ramstein Air Base ............................................... $119,000,000 Norway .......................... Rygge .................................................................... $13,800,000 Qatar ............................. Al Udeid ............................................................... $70,400,000 Slovakia ......................... Malacky ................................................................ $59,000,000 United Kingdom ............ RAF Fairford ....................................................... $106,000,000 SEC. 2904. AUTHORIZED DEFENSE AGENCIES CONSTRUC- 7 TION AND LAND ACQUISITION PROJECTS. 8 The Secretary of Defense may acquire real property 9 and carry out the military construction projects for the 10 installations outside the United States, and in the 11 amounts, set forth in the following table: 12 Defense Agencies: Outside the United States Country Location Amount Estonia .......................... Unspecified Estonia ............................................. $15,700,000 Qatar ............................. Al Udeid ............................................................... $60,000,000 SEC. 2905. AUTHORIZATION OF APPROPRIATIONS. 13 Funds are hereby authorized to be appropriated for 14 fiscal years beginning after September 30, 2018, for the 15 military construction projects outside the United States 16 authorized by this title as specified in the funding table 17 in section 7602. 18 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01348 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1349 HR 5515 PCS SEC. 2906. RESTRICTIONS ON USE OF FUNDS FOR PLAN- 1 NING AND DESIGN COSTS OF EUROPEAN DE- 2 TERRENCE INITIATIVE PROJECTS. 3 None of the funds authorized to be appropriated for 4 military construction projects outside the United States 5 authorized by this title may be obligated or expended for 6 planning and design costs of any project associated with 7 the European Deterrence Initiative until the Secretary of 8 Defense submits to the congressional defense committees 9 a list of all of the military construction projects associated 10 with the European Deterrence Initiative which the Sec- 11 retary anticipates will be carried out during each of the 12 fiscal years 2019 through 2023. 13 DIVISION C—DEPARTMENT OF 14 ENERGY NATIONAL SECURITY 15 AUTHORIZATIONS AND 16 OTHER AUTHORIZATIONS 17 TITLE XXXI—DEPARTMENT OF 18 ENERGY NATIONAL SECURITY 19 PROGRAMS 20 Subtitle A—National Security 21 Programs and Authorizations 22 SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRA- 23 TION. 24 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 25 are hereby authorized to be appropriated to the Depart- 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01349 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1350 HR 5515 PCS ment of Energy for fiscal year 2019 for the activities of 1 the National Nuclear Security Administration in carrying 2 out programs as specified in the funding table in division 3 G. 4 (b) AUTHORIZATION OF NEW PLANT PROJECTS.— 5 From funds referred to in subsection (a) that are available 6 for carrying out plant projects, the Secretary of Energy 7 may carry out new plant projects for the National Nuclear 8 Security Administration as follows: 9 Project 19–D–660, Lithium Production Capa- 10 bility, Y–12 National Security Complex, Oak Ridge, 11 Tennessee, $19,000,000. 12 Project 19–D–670, 138k Power Transmission 13 System Replacement, Nevada National Security Site, 14 Mercury, Nevada, $6,000,000. 15 Project 19–D–930, KS Overhead Piping, Kes- 16 selring Site, West Milton, New York, $10,994,000. 17 SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. 18 Funds are hereby authorized to be appropriated to 19 the Department of Energy for fiscal year 2019 for defense 20 environmental cleanup activities in carrying out programs 21 as specified in the funding table in division G. 22 SEC. 3103. OTHER DEFENSE ACTIVITIES. 23 Funds are hereby authorized to be appropriated to 24 the Department of Energy for fiscal year 2019 for other 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01350 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1351 HR 5515 PCS defense activities in carrying out programs as specified in 1 the funding table in division G. 2 SEC. 3104. NUCLEAR ENERGY. 3 Funds are hereby authorized to be appropriated to 4 the Department of Energy for fiscal year 2019 for nuclear 5 energy as specified in the funding table in division G. 6 Subtitle B—Program Authoriza- 7 tions, Restrictions, and Limita- 8 tions 9 SEC. 3111. SECURITY CLEARANCE FOR DUAL NATIONALS 10 EMPLOYED BY NATIONAL NUCLEAR SECU- 11 RITY AGENCY. 12 (a) IN GENERAL.—The National Nuclear Security 13 Administration Act (50 U.S.C. 2401 et seq.) is amended 14 by inserting after section 3236 the following new section: 15 ‘‘SEC. 3237. SECURITY CLEARANCE FOR DUAL NATIONALS. 16 ‘‘(a) IN GENERAL.—(1) In the case of an individual 17 described in paragraph (3), the Secretary of Energy shall 18 develop a process to review foreign preference in accord- 19 ance with the adjudicative guidelines issued pursuant to 20 section 710.7 of title 10, Code of Federal Regulations, or 21 such successor regulation, before approving a security 22 clearance for such individual. 23 ‘‘(2) The Secretary shall designate an official of the 24 Administration to be responsible for adjudicating any de- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01351 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1352 HR 5515 PCS rogatory information of an individual described in para- 1 graph (3) concerning foreign preference that is discovered 2 after the security clearance of the individual is approved. 3 ‘‘(3) An individual described in this paragraph is an 4 individual who is— 5 ‘‘(A) a national of the United States (as such 6 term is defined in section 101 of the Immigration 7 and Nationality Act (8 U.S.C. 1101)) and also a na- 8 tional of a foreign state; and 9 ‘‘(B) an employee or contractor of the Adminis- 10 tration who requires access to classified information. 11 ‘‘(b) WAIVER.—In the case of an individual who is 12 a national of the United States and also a national of a 13 foreign state identified under section 1564b(b)(2) of title 14 10, United States Code, the Secretary may waive the re- 15 quirement under subsection (a).’’. 16 (b) CLERICAL AMENDMENT.—The table of contents 17 at the beginning of such Act is amended by inserting after 18 the item relating to section 3236 the following new item: 19 ‘‘Sec. 3237. Security clearance for dual nationals.’’. (c) BRIEFING.— 20 (1) IN GENERAL.—Not later than 180 days 21 after the date of the enactment of this Act, the Sec- 22 retary of Energy shall provide to the Committees on 23 Armed Services of the House of Representatives and 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01352 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1353 HR 5515 PCS the Senate, and to any other appropriate congres- 1 sional committee upon request, a briefing on— 2 (A) the process developed under paragraph 3 (1) of section 3237(a) of the National Nuclear 4 Security Administration Act, as added by sub- 5 section (a); and 6 (B) the official designated under para- 7 graph (2) of such section 3237(a). 8 (2) APPROPRIATE CONGRESSIONAL COMMIT- 9 TEES DEFINED.—In this subsection, the term ‘‘ap- 10 propriate congressional committees’’ means the fol- 11 lowing: 12 (A) The Committees on Armed Services of 13 the House of Representatives and the Senate. 14 (B) The Committee on Energy and Com- 15 merce and the Permanent Select Committee on 16 Intelligence of the House of Representatives. 17 (C) The Committee on Energy and Nat- 18 ural Resources and the Select Committee on In- 19 telligence of the Senate. 20 SEC. 3112. DEPARTMENT OF ENERGY COUNTERINTEL- 21 LIGENCE POLYGRAPH PROGRAM. 22 Section 4504(b) of the Atomic Energy Defense Act 23 (50 U.S.C. 2654(b)) is amended by adding at the end the 24 following new paragraph: 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01353 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1354 HR 5515 PCS ‘‘(4) The regulations prescribed under paragraph (1) 1 shall ensure that the persons subject to the counterintel- 2 ligence polygraph program required by subsection (a) in- 3 clude any person who is— 4 ‘‘(A) a national of the United States (as such 5 term is defined in section 101 of the Immigration 6 and Nationality Act (8 U.S.C. 1101)) and also a na- 7 tional of a foreign state; and 8 ‘‘(B) an employee or contractor who requires 9 access to classified information.’’. 10 SEC. 3113. EXTENSION OF ENHANCED PROCUREMENT AU- 11 THORITY TO MANAGE SUPPLY CHAIN RISK. 12 (a) EXTENSION.—Subsection (g) of section 4806 of 13 the Atomic Energy Defense Act (50 U.S.C. 2786) is 14 amended to read as follows: 15 ‘‘(g) TERMINATION.—The authority under this sec- 16 tion shall terminate on June 30, 2023.’’. 17 (b) TECHNICAL AMENDMENT.—Subsection (f)(5)(A) 18 of such section is amended by striking ‘‘section 3542(b) 19 of title 44’’ and inserting ‘‘section 3552(b) of title 44’’. 20 SEC. 3114. LOW-YIELD NUCLEAR WEAPONS. 21 (a) REPEAL OF PROHIBITION.—Section 3116 of the 22 National Defense Authorization Act for Fiscal Year 2004 23 (Public Law 108–136; 50 U.S.C. 2529 note) is amended 24 by striking subsection (c). 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01354 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1355 HR 5515 PCS (b) AUTHORIZATION.—The Secretary of Energy, act- 1 ing through the Administrator for Nuclear Security, may 2 carry out the engineering development phase, and any sub- 3 sequent phase, to modify or develop a low-yield nuclear 4 warhead for submarine-launched ballistic missiles. 5 SEC. 3115. USE OF FUNDS FOR CONSTRUCTION AND 6 PROJECT SUPPORT ACTIVITIES RELATING TO 7 MOX FACILITY. 8 (a) IN GENERAL.—Except as provided by subsection 9 (b), the Secretary of Energy shall carry out construction 10 and project support activities relating to the MOX facility 11 using funds authorized to be appropriated by this Act or 12 otherwise made available for fiscal year 2019 for the Na- 13 tional Nuclear Security Administration for the MOX facil- 14 ity. 15 (b) WAIVER.—The Secretary may waive the require- 16 ment under subsection (a) if the Secretary submits to the 17 congressional defense committees the matters specified in 18 section 3121(b)(1) of the National Defense Authorization 19 Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 20 1892). 21 (c) DEFINITIONS.—In this section: 22 (1) The term ‘‘MOX facility’’ means the mixed- 23 oxide fuel fabrication facility at the Savannah River 24 Site, Aiken, South Carolina. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01355 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1356 HR 5515 PCS (2) The term ‘‘project support activities’’ means 1 activities that support the design, long-lead equip- 2 ment procurement, and site preparation of the MOX 3 facility. 4 SEC. 3116. PROHIBITION ON AVAILABILITY OF FUNDS FOR 5 PROGRAMS IN RUSSIAN FEDERATION. 6 (a) PROHIBITION.—None of the funds authorized to 7 be appropriated by this Act or otherwise made available 8 for fiscal year 2019 for atomic energy defense activities 9 may be obligated or expended to enter into a contract 10 with, or otherwise provide assistance to, the Russian Fed- 11 eration. 12 (b) WAIVER.—The Secretary of Energy, without dele- 13 gation, may waive the prohibition in subsection (a) only 14 if— 15 (1) the Secretary determines, in writing, that a 16 nuclear-related threat in the Russian Federation 17 must be addressed urgently and it is necessary to 18 waive the prohibition to address that threat; 19 (2) the Secretary of State and the Secretary of 20 Defense concur in the determination under para- 21 graph (1); 22 (3) the Secretary of Energy submits to the ap- 23 propriate congressional committees a report con- 24 taining— 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01356 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1357 HR 5515 PCS (A) a notification that the waiver is in the 1 national security interest of the United States; 2 (B) justification for the waiver, including 3 the determination under paragraph (1); and 4 (C) a description of the activities to be car- 5 ried out pursuant to the waiver, including the 6 expected cost and timeframe for such activities; 7 and 8 (4) a period of seven days elapses following the 9 date on which the Secretary submits the report 10 under paragraph (3). 11 (c) EXCEPTION.—The prohibition under subsection 12 (a) and the requirements under subsection (b) to waive 13 that prohibition shall not apply to an amount, not to ex- 14 ceed $3,000,000, that the Secretary may make available 15 for the Department of Energy Russian Health Studies 16 Program. 17 (d) APPROPRIATE CONGRESSIONAL COMMITTEES 18 DEFINED.—In this section, the term ‘‘appropriate con- 19 gressional committees’’ means the following: 20 (1) The congressional defense committees. 21 (2) The Committee on Foreign Relations of the 22 Senate and the Committee on Foreign Affairs of the 23 House of Representatives. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01357 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1358 HR 5515 PCS SEC. 3117. PROHIBITION ON AVAILABILITY OF FUNDS FOR 1 RESEARCH AND DEVELOPMENT OF AD- 2 VANCED NAVAL NUCLEAR FUEL SYSTEM 3 BASED ON LOW-ENRICHED URANIUM. 4 (a) PROHIBITION.—Except as provided by subsection 5 (b), none of the funds authorized to be appropriated by 6 this Act or otherwise made available for fiscal year 2019 7 for the Department of Energy or the Department of De- 8 fense may be obligated or expended to plan or carry out 9 research and development of an advanced naval nuclear 10 fuel system based on low-enriched uranium. 11 (b) EXCEPTION.—In accordance with section 7319 of 12 title 10, United States Code, of the funds authorized to 13 be appropriated by this Act or otherwise made available 14 for fiscal year 2019 for defense nuclear nonproliferation, 15 as specified in the funding table in division G, 16 $10,000,000 shall be made available to the Deputy Ad- 17 ministrator for Naval Reactors of the National Nuclear 18 Security Administration for low-enriched uranium activi- 19 ties (including downblending of high-enriched uranium 20 fuel into low-enriched uranium fuel, research and develop- 21 ment using low-enriched uranium fuel, or the modification 22 or procurement of equipment and infrastructure related 23 to such activities) to develop an advanced naval nuclear 24 fuel system based on low-enriched uranium. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01358 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1359 HR 5515 PCS SEC. 3118. LIMITATION ON AVAILABILITY OF FUNDS RELAT- 1 ING TO SUBMISSION OF ANNUAL REPORTS 2 ON UNFUNDED PRIORITIES. 3 Section 4716 of the Atomic Energy Defense Act (50 4 U.S.C. 2756) is amended— 5 (1) by redesignating subsection (c) as sub- 6 section (d); and 7 (2) by inserting after subsection (b) the fol- 8 lowing new subsection (c): 9 ‘‘(c) LIMITATION.—If the Administrator fails to sub- 10 mit to the congressional defense committees a report re- 11 quired by subsection (a) for any of fiscal years 2020 12 through 2024 that contains at least one unfunded priority 13 by the deadline specified in such subsection, none of the 14 funds authorized to be appropriated or otherwise made 15 available for the fiscal year in which such failure occurs 16 for travel and transportation of persons under the Federal 17 salaries and expenses account of the Administration may 18 be obligated or expended until the date on which the Ad- 19 ministrator submits such report.’’. 20 SEC. 3119. ACCELERATION OF REPLACEMENT OF CESIUM 21 BLOOD IRRADIATION SOURCES. 22 (a) GOAL.—The Administrator for Nuclear Security 23 shall ensure that the goal of the covered programs is elimi- 24 nating the use of blood irradiation devices in the United 25 States that rely on cesium chloride by December 31, 2027. 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01359 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1360 HR 5515 PCS (b) PROGRAMS.—To meet the goal specified by sub- 1 section (a), the Administrator shall carry out the covered 2 programs in a manner that— 3 (1) is voluntary for owners of blood irradiation 4 devices; 5 (2) allows for the United States, subject to the 6 review of the Administrator, to pay up to 50 percent 7 of the per-device cost of replacing blood irradiation 8 devices covered by the programs; 9 (3) allows for the United States to pay up to 10 100 percent of the cost of removing and disposing 11 of cesium sources retired from service by the pro- 12 grams; and 13 (4) replaces such devices with x-ray irradiation 14 devices or other devices approved by the Food and 15 Drug Administration that provide significant threat 16 reduction as compared to cesium chloride 17 irradiators. 18 (c) DURATION.—The Administrator shall carry out 19 the covered programs until December 31, 2027. 20 (d) REPORT.—Not later than 180 days after the date 21 of the enactment of this Act, the Administrator shall sub- 22 mit to the appropriate congressional committees a report 23 on the covered programs, including— 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01360 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1361 HR 5515 PCS (1) identification of each cesium chloride blood 1 irradiation device in the United States, including the 2 number, general location, and user type; 3 (2) a plan for achieving the goal established by 4 subsection (a); 5 (3) a methodology for prioritizing replacement 6 of such devices which takes into account irradiator 7 age and prior material security initiatives; 8 (4) in consultation with the Nuclear Regulatory 9 Commission and the Food and Drug Administration, 10 a strategy identifying any legislative, regulatory, or 11 other measures necessary to constrain the introduc- 12 tion of new cesium chloride blood irradiation devices; 13 and 14 (5) identification of the annual funds required 15 to meet the goal established by subsection (a). 16 (e) ASSESSMENT.—The Administrator shall submit 17 and assessment to the appropriate congressional commit- 18 tees by September 20, 2023, the results of the actions on 19 the covered programs, including— 20 (1) the number of replacement irradiators 21 under the covered programs; 22 (2) the life-cycle costs of the program, including 23 personnel training, maintenance, and replacement 24 costs for new irradiation devices; 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01361 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1362 HR 5515 PCS (3) the cost-effectiveness of the covered pro- 1 grams; 2 (4) an analysis of the effectiveness of the new 3 irradiation devices technology; and 4 (5) a forecast whether the Administrator will 5 meet the goal established in subsection (a). 6 (f) DEFINITIONS.—In this section: 7 (1) The term ‘‘appropriate congressional com- 8 mittees’’ means— 9 (A) the Committee on Appropriations, the 10 Committee on Armed Services, and the Com- 11 mittee on Energy and Commerce of the House 12 of Representatives; and 13 (B) the Committee on Appropriations, the 14 Committee on Armed Services, the Committee 15 on Energy and Natural Resources, and the 16 Committee on Health, Education, Labor, and 17 Pensions of the Senate. 18 (2) The term ‘‘covered programs’’ means the 19 following programs of the Office of Radiological Se- 20 curity of the National Nuclear Security Administra- 21 tion: 22 (A) The Cesium Irradiator Replacement 23 Program. 24 (B) The Offsite Source Recovery Program. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01362 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1363 HR 5515 PCS SEC. 3120. NUCLEAR FORENSICS ANALYSES. 1 (a) INDEPENDENT ASSESSMENT.—Not later than 30 2 days after the date of the enactment of this Act, the Sec- 3 retary of Energy, in consultation with the Secretary of De- 4 fense and the Secretary of Homeland Security, shall seek 5 to enter into an agreement with the National Academy of 6 Sciences for an independent assessment of nuclear foren- 7 sic analyses conducted by the Federal Government. 8 (b) ELEMENTS.—The assessment conducted by the 9 National Academy of Sciences shall, at minimum, include 10 the following: 11 (1) An assessment of a representative sample of 12 nuclear forensic analyses from across the Federal 13 departments and agencies, with particular emphasis 14 on the validity, quality, value, cost effectiveness, 15 gaps, and timeliness of such analyses. 16 (2) An assessment of the methodologies used by 17 nuclear forensics analyses from across the Federal 18 departments and agencies, including the scientific 19 rigor of such methodologies. 20 (3) Recommendations for improving nuclear 21 forensics analyses conducted by the Federal Govern- 22 ment, including any best practices or lessons learned 23 that should be shared across the Federal depart- 24 ments and agencies. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01363 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1364 HR 5515 PCS (c) SUBMISSION.—Not later than one year after the 1 date of the enactment of this Act, the Secretary of Energy 2 shall submit to the appropriate congressional committees 3 a report containing the assessment of the National Acad- 4 emy of Sciences under subsection (a). 5 (d) BRIEFING ON SENIOR-LEVEL INVOLVEMENT IN 6 EXERCISES.—Not later than 90 days after the date of the 7 enactment of this Act, the President shall provide to the 8 appropriate congressional committees a briefing on the in- 9 volvement of senior-level executive branch leadership in re- 10 cent and planned nuclear terrorism preparedness or re- 11 sponse exercises, or any other exercise that have nuclear 12 forensic analysis as a component of the exercise. 13 (e) APPROPRIATE CONGRESSIONAL COMMITTEES DE- 14 FINED.—In this section, the term ‘‘appropriate congres- 15 sional committees’’ means— 16 (1) the congressional defense committees; and 17 (2) the Committee on Homeland Security of the 18 House of Representatives and the Committee on 19 Homeland Security and Government Affairs of the 20 Senate. 21 SEC. 3120A. INDEPENDENT ASSESSMENT OF PLUTONIUM 22 STRATEGY. 23 (a) STATEMENT OF POLICY.—It is the policy of the 24 United States that— 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01364 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1365 HR 5515 PCS (1) Los Alamos National Laboratory is the Plu- 1 tonium Science and Production Center of Excellence 2 for the United States; and 3 (2) Los Alamos National Laboratory will 4 produce a minimum of 30 pits per year for the na- 5 tional pit production mission and will implement 6 surge efforts to exceed 30 pits per year to meet Nu- 7 clear Posture Review and national policy. 8 (b) INDEPENDENT ASSESSMENT.— 9 (1) IN GENERAL.—Not later than 30 days after 10 the date of the enactment of this Act, the Secretary 11 of Defense shall seek to enter into a contract with 12 a federally funded research and development center 13 to conduct an assessment of the plutonium strategy 14 of the National Nuclear Security Administration. 15 The assessment shall include— 16 (A) an analysis of the engineering assess- 17 ment and an analysis of alternatives; 18 (B) an assessment of the science and strat- 19 egy of retrofitting the facility for plutonium 20 production, including the cost, schedule, and 21 feasibility of licensing; and 22 (C) an assessment of the strategy consid- 23 ered for manufacturing up to 80 pits per year 24 at Los Alamos through the use of multiple 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01365 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1366 HR 5515 PCS labor shifts and additional equipment at PF-4 1 until modular facilities are completed to provide 2 a long-term, single-labor shift capacity. 3 (2) SELECTION.—The Secretary may not enter 4 into the contract under paragraph (1) with a feder- 5 ally funded research and development center for 6 which the Department of Energy or the National 7 Nuclear Security Administration is the primary 8 sponsor. 9 (3) SUBMISSION.—Not later than April 1, 10 2019, the federally funded research and development 11 center shall submit to the Secretary of Defense, the 12 Administrator for Nuclear Security, and the Nuclear 13 Weapons Council a report containing the assessment 14 conducted under paragraph (1). 15 (4) SUBMISSION TO CONGRESS.—Not later than 16 April 15, 2019, the Administrator shall submit to 17 the congressional defense committees the report 18 under paragraph (3), without change. 19 (c) REPORT ON PIT PRODUCTION.—Not later than 20 180 days after the date of the enactment of this Act, the 21 Secretary of Energy shall submit to the congressional de- 22 fense committees a report on the plan for producing pluto- 23 nium pits 31–80 at Los Alamos, in case the MOX facility 24 is not operational and producing pits by 2030. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01366 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1367 HR 5515 PCS (d) CAPITAL DEVELOPMENT.—The Secretary of En- 1 ergy shall complete— 2 (1) by December 2020 a plan, including cost 3 and impact to on-going activities and operations, to 4 reach 30 pits per year at Los Alamos National Lab- 5 oratory; and 6 (2) by September 2020 an updated CD-0 7 (Statement of Mission Need) on the final plan for 8 the national pit production. 9 (e) BRIEFING.—Not later than March 1, 2019, the 10 Chairman of the Nuclear Weapons Council and the Ad- 11 ministrator for Nuclear Security shall jointly provide to 12 the Committees on Armed Services of the House of Rep- 13 resentatives and the Senate, and to any other congres- 14 sional defense committee upon request, a briefing detailing 15 the implementation plan for the plutonium strategy of the 16 National Nuclear Security Administration, including mile- 17 stones, accountable personnel for such milestones, and 18 mechanisms for ensuring transparency into the progress 19 of such strategy for the Department of Defense and the 20 congressional defense committees. 21 (f) ANNUAL CERTIFICATION.—Not later than April 22 1, 2019, and each year thereafter through 2025, the 23 Chairman of the Nuclear Weapons Council shall submit 24 to the Secretary of Defense, the Administrator for Nuclear 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01367 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1368 HR 5515 PCS Security, and the congressional defense committees a writ- 1 ten certification that the plutonium pit production plan 2 of the National Nuclear Security Administration is on 3 track to meet— 4 (1) the military requirement of 80 pits per year 5 by 2030; 6 (2) the statutory requirements for pit produc- 7 tion timelines under section 4219 of the Atomic En- 8 ergy Defense Act (50 U.S.C. 2538a); and 9 (3) all milestones and deliverables described in 10 the plan under subsection (e). 11 (g) FAILURE TO CERTIFY.— 12 (1) NWC NOTIFICATION.—If in any year the 13 Chairman is unable to submit the certification under 14 subsection (f), the Chairman shall submit to the con- 15 gressional defense committees, the Secretary of De- 16 fense, and the Administrator written notification de- 17 scribing why the Chairman is unable to make such 18 certification. 19 (2) NNSA RESPONSE.—Not later than 180 20 days after the date on which the Chairman makes 21 a notification under paragraph (1), the Adminis- 22 trator shall submit to the congressional defense com- 23 mittees, the Secretary, and the Chairman a report 24 that— 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01368 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1369 HR 5515 PCS (A) addresses the reasons identified in the 1 notification with respect to the failure to make 2 the certification under subsection (f); and 3 (B) includes presentation of either a con- 4 current backup plan or a recovery plan, and the 5 associated implementation schedules for such 6 plan. 7 SEC. 3120B. HANFORD WASTE TANK CLEANUP PROGRAM. 8 Section 4442(e) of the Atomic Energy Defense Act 9 (50 U.S.C. 2622(e)) is amended by striking ‘‘2019’’ and 10 inserting ‘‘2024’’. 11 SEC. 3120C. MANUFACTURING TRADES EDUCATION GRANT 12 PROGRAM. 13 (a) ESTABLISHMENT OF MANUFACTURING TRADES 14 EDUCATION PROGRAM.— 15 (1) The Secretary of Energy, in consultation 16 with the Secretary of Labor, may establish a pro- 17 gram, to be known as the ‘‘DOE Manufacturing 18 Trades Grant Program Act’’, under which the Sec- 19 retary of Energy provides eligible entities described 20 in paragraph (2), on a competitive basis, grants for 21 technical skills-based training programs, including 22 apprenticeship and pre-apprenticeship programs, 23 that provide recognized post-secondary credentials 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01369 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1370 HR 5515 PCS during the 5-year grant period of 2019 through 1 2024 to support— 2 (A) the enhancement of existing pro- 3 grams in manufacturing trades education 4 to further the missions of the Department 5 Of Energy national security laboratories 6 and the NNSA Production Sites; or 7 (B) the establishment of new pro- 8 grams in manufacturing trades education 9 that meet such requirements. 10 (2) Grants and awards under this section may 11 be made to industry, not-for-profit institutions, insti- 12 tutions of higher education, workforce inter- 13 mediaries, or to consortia of such institutions or in- 14 dustry. 15 (3) If the Secretary establishes the program, 16 the Secretary shall establish the program in con- 17 sultation with the Secretary of Labor, Secretary of 18 Education, the Director of the Office of Science and 19 Technology Policy, and the heads of such other rel- 20 evant Federal agencies as the Secretary of Energy 21 considers appropriate. 22 (4) If the Secretary establishes the program, 23 the Secretary shall ensure that the program is co- 24 ordinated with Department programs associated 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01370 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1371 HR 5515 PCS with advanced manufacturing activities for missions 1 within the Department Of Energy National Security 2 Laboratories and the NNSA Production Sites. 3 (b) GEOGRAPHICAL DISTRIBUTION OF GRANTS AND 4 AWARDS.—In awarding grants and other awards under 5 this section, the Secretary shall, to the maximum extent 6 practicable, avoid geographical and Departmental con- 7 centration of awards. 8 (c) COVERED PROGRAMS.—A program of manufac- 9 turing trades education supported pursuant to this section 10 shall meet the requirements of this section. 11 (d) COMPONENTS OF PROGRAM.—The program of 12 education for which such a grant is made shall be a con- 13 solidated and integrated multidisciplinary program of edu- 14 cation with an emphasis on the following components: 15 (1) Multidisciplinary instruction that encom- 16 passes the total manufacturing engineering enter- 17 prise and that may include— 18 (A) manufacturing trades education and 19 training through classroom activities, labora- 20 tory, or employer site activities (or a combina- 21 tion thereof), on the job training activities, par- 22 ticipation in employer site projects, sponsored 23 pre-apprenticeship or apprenticeship programs, 24 cooperative work-study programs, and inter- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01371 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1372 HR 5515 PCS actions with other industrial facilities, con- 1 sortia, or such other activities and organiza- 2 tions in the United States and foreign countries 3 as the Secretary considers appropriate; 4 (B) Subject Matter Expert development 5 programs; 6 (C) recruitment of experienced and li- 7 censed professionals that are highly qualified in 8 relevant manufacturing trades to teach or de- 9 velop manufacturing trade courses and program 10 content; 11 (D) presentation of seminars, workshops, 12 and training for the development of specific 13 manufacturing trades skills; 14 (E) activities involving interaction between 15 students and industry, including programs for 16 visiting experts from industry or other sites or 17 industry and personnel exchanges between De- 18 partment Of Energy National Security Labora- 19 tories and the NNSA Production Sites; 20 (F) development of new, or updating and 21 modification of existing, manufacturing trades 22 curriculum, course offerings, and education pro- 23 grams; 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01372 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1373 HR 5515 PCS (G) establishment of programs in manufac- 1 turing workforce training that are specific to 2 the unique skills and requirements needed at 3 the Department Of Energy National Security 4 Laboratories and the NNSA Production Sites; 5 (H) establishment of joint manufacturing 6 trades education programs with defense labora- 7 tories and, depots, national security labora- 8 tories, and NNSA production sites; and 9 (I) expansion of manufacturing trades 10 training and education programs and outreach 11 for members of the armed forces, dependents 12 and children of such members, veterans, and 13 employees of the Department of Defense, Na- 14 tional Security Laboratories, and NNSA pro- 15 duction sites. 16 (2) Opportunities for students to obtain work 17 experience in manufacturing through such activities 18 as apprenticeship/pre-apprenticeship programs, in- 19 ternships, summer job placements, or cooperative 20 work-study programs. 21 (3) Faculty and student engagement with in- 22 dustry that is directly related to, and supportive of, 23 the education of students in the manufacturing 24 trades because of— 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01373 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1374 HR 5515 PCS (A) the increased understanding of manu- 1 facturing challenges and potential solutions; 2 and 3 (B) the enhanced quality and effectiveness 4 of the instruction that result from that in- 5 creased understanding. 6 (e) PROPOSALS.—If the Secretary establishes the 7 program, the Secretary shall solicit proposals for grants 8 and other awards to be made pursuant to this section for 9 the support of programs of manufacturing trades edu- 10 cation that are consistent with the purposes of this sec- 11 tion. 12 (f) MERIT COMPETITION.—Applications for awards 13 shall be evaluated on the basis of merit pursuant to com- 14 petitive procedures prescribed by the Secretary. 15 (g) SELECTION CRITERIA.—The Secretary may select 16 a proposal for an award pursuant to this section if the 17 proposal, at a minimum, does each of the following: 18 (1) Provides students access to registered ap- 19 prenticeship or pre-apprenticeship programs for im- 20 proving trades education in manufacturing tech- 21 nology. 22 (2) Contains innovative approaches for improv- 23 ing trades education in manufacturing technology. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01374 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1375 HR 5515 PCS (3) Demonstrates a strong commitment by the 1 proponents to apply the resources necessary to 2 achieve the objectives for which the award is to be 3 made. 4 (4) Provides for effective engagement with in- 5 dustry or government organizations that supports 6 the instruction to be provided in the proposed pro- 7 gram and is likely to improve manufacturing capa- 8 bility and technology. 9 (5) Demonstrates a significant level of involve- 10 ment of United States industry in the proposed in- 11 structional and research activities. 12 (6) Is likely to attract regional students that 13 will provide long careers to the Department Of En- 14 ergy National Security Laboratories and the NNSA 15 Production Sites and promote careers in manufac- 16 turing trades at these locations. 17 (7) Proposes to involve fully qualified personnel 18 and employer site subject matter experts who are ex- 19 perienced in manufacturing engineering education 20 and technology. 21 (8) Proposes a program that, within 3 years 22 after the award is made, is likely to attract from 23 sources other than the Federal Government the fi- 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01375 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1376 HR 5515 PCS nancial and other support necessary to sustain such 1 program. 2 (9) Proposes to achieve a significant level of 3 participation by women, members of minority 4 groups, young adults in the age range of 17 to 29, 5 and individuals with disabilities through active re- 6 cruitment of students from among such persons. 7 (10) Trains students in advanced manufac- 8 turing trades and in relevant emerging technologies 9 and production processes. 10 (h) INSTITUTION OF HIGHER EDUCATION DE- 11 FINED.—In this section the term ‘‘institution of higher 12 education’’ has the meaning given such term in section 13 101(a) of the Higher Education Act of 1965 (20 U.S.C. 14 1001(a)). 15 Subtitle C—Reports 16 SEC. 3121. NOTIFICATION REGARDING RELEASE OF CON- 17 TAMINATION AT HANFORD SITE. 18 (a) IN GENERAL.—Subtitle C of title XLIV of the 19 Atomic Energy Defense Act (50 U.S.C. 2621 et seq.) is 20 amended by adding at the end the following new section: 21 ‘‘SEC. 4447. NOTIFICATION REGARDING RELEASE OF CON- 22 TAMINATION. 23 ‘‘If the Assistant Secretary of Energy for Environ- 24 mental Management detects an improper release of con- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01376 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1377 HR 5515 PCS tamination resulting from defense waste at the Hanford 1 Nuclear Reservation, Richland, Washington, the Assistant 2 Secretary shall— 3 ‘‘(1) not later than two days after the date of 4 such detection, notify the congressional defense com- 5 mittees of such release of contamination; and 6 ‘‘(2) not later than seven days after the date of 7 such detection, provide the congressional defense 8 committees a briefing on the status of such release 9 of contamination, including— 10 ‘‘(A) the cause of the release, if known; 11 and 12 ‘‘(B) plans to address and remediate the 13 release, including associated costs and 14 timelines.’’. 15 (b) CLERICAL AMENDMENT.—The table of contents 16 at the beginning of such Act is amended by inserting after 17 the item relating to section 4446 the following new item: 18 ‘‘Sec. 4447. Notification regarding release of contamination.’’. SEC. 3122. SENSE OF CONGRESS REGARDING URANIUM 19 MINING AND NUCLEAR TESTING. 20 It is the sense of Congress that the United States 21 should compensate and recognize all of the miners, work- 22 ers, downwinders, and others suffering from the effects 23 of uranium mining and nuclear testing carried out during 24 the Cold War. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01377 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1378 HR 5515 PCS Subtitle D—Other Matters 1 SEC. 3131. INCLUSION OF CAPITAL ASSETS ACQUISITION 2 PROJECTS IN ACTIVITIES BY DIRECTOR FOR 3 COST ESTIMATING AND PROGRAM EVALUA- 4 TION. 5 Section 3221(h)(2) of the National Nuclear Security 6 Administration Act (50 U.S.C. 2411(h)(2)) is amended— 7 (1) by striking ‘‘PROGRAM.—’’ and all that fol- 8 lows through ‘‘, the term’’ and inserting ‘‘PRO- 9 GRAM.—The term’’; 10 (2) by striking subparagraph (B); and 11 (3) by redesignating clauses (i) and (ii) as sub- 12 paragraphs (A) and (B), respectively. 13 SEC. 3132. WHISTLEBLOWER PROTECTIONS. 14 (a) FINDINGS.—Congress finds the following: 15 (1) The Department of Energy and its contrac- 16 tors rely to a significant extent on workers to bring 17 attention to important nuclear safety concerns. 18 (2) The Department of Energy, including the 19 National Nuclear Security Administration, have a 20 strong interest in preventing whistleblower retalia- 21 tion and in ensuring the work environment is condu- 22 cive to employees raising concerns. 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01378 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1379 HR 5515 PCS (3) Retaliation against whistleblowers can lead 1 to a chilled work environment in which employees do 2 not feel free to raise important safety concerns. 3 (4) The Comptroller General of the United 4 States found in a 2016 report titled ‘‘Whistleblower 5 Protections Need Strengthening’’ that the Depart- 6 ment of Energy had infrequently used its enforce- 7 ment authority to hold contractors accountable for 8 unlawful retaliation, issuing only two violation no- 9 tices in the past 20 years. 10 (5) The Comptroller General also found that 11 the Department had taken limited or no action to 12 hold contractors accountable for creating a chilled 13 work environment. 14 (b) SENSE OF CONGRESS.—It is the sense of Con- 15 gress that— 16 (1) raising nuclear safety concerns is important 17 for avoiding potentially catastrophic incidents or 18 harm to workers and the public; 19 (2) the Department of Energy should protect 20 whistleblowers and take action against contractors 21 and subcontractors that retaliate against whistle- 22 blowers; and 23 (3) such action sends a strong signal to prevent 24 or limit retaliation against whistleblowers. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01379 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1380 HR 5515 PCS (c) CIVIL PENALTIES.—The Secretary of Energy, in- 1 cluding by acting through the Administrator for Nuclear 2 Security as appropriate, shall impose civil penalties under 3 section 234 a. of the Atomic Energy Act of 1954 (42 4 U.S.C. 2282(a)), as the Secretary or the Administrator 5 determines appropriate, on contractors, subcontractors, 6 and suppliers for violations of the rules, regulations, or 7 orders of the Department of Energy relating to nuclear 8 safety and radiation protection. 9 (d) CHILLED WORK ENVIRONMENT.—Not later than 10 120 days after the date of the enactment of this Act, the 11 Secretary shall clearly define what constitutes evidence of 12 a chilled work environment with respect to employees and 13 contractors of the Department making a whistleblower 14 complaint under section 4602 of the Atomic Energy De- 15 fense Act (50 U.S.C. 2702), or any other law that may 16 provide protection for disclosures of information by such 17 employees or contractors, without fear of being dis- 18 charged, demoted, or otherwise discriminated against as 19 a reprisal. 20 (e) NOTIFICATION.— 21 (1) IN GENERAL.—Not later than February 1, 22 2019, and each year thereafter through 2021, the 23 Secretary of Energy shall submit to the appropriate 24 congressional committees an annual notification on 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01380 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1381 HR 5515 PCS whether any penalties were imposed pursuant to 1 subsection (c), including a description of such pen- 2 alties and the entities against which the penalties 3 were imposed. 4 (2) APPROPRIATE CONGRESSIONAL COMMIT- 5 TEES.—In this subsection, the term ‘‘appropriate 6 congressional committees’’ means— 7 (A) the congressional defense committees; 8 and 9 (B) the Committee on Energy and Com- 10 merce of the House of Representatives and the 11 Committee on Energy and Natural Resources of 12 the Senate. 13 TITLE XXXII—DEFENSE NU- 14 CLEAR FACILITIES SAFETY 15 BOARD 16 SEC. 3201. AUTHORIZATION. 17 There are authorized to be appropriated for fiscal 18 year 2019, $31,243,000 for the operation of the Defense 19 Nuclear Facilities Safety Board under chapter 21 of the 20 Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.). 21 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01381 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1382 HR 5515 PCS TITLE XXXIV—NAVAL 1 PETROLEUM RESERVES 2 SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. 3 (a) AMOUNT.—There are hereby authorized to be ap- 4 propriated to the Secretary of Energy $10,000,000 for fis- 5 cal year 2019 for the purpose of carrying out activities 6 under chapter 641 of title 10, United States Code, relating 7 to the naval petroleum reserves. 8 (b) PERIOD OF AVAILABILITY.—Funds appropriated 9 pursuant to the authorization of appropriations in sub- 10 section (a) shall remain available until expended. 11 SECTION 3402. EXCLUSION OF CERTAIN PAYMENTS FROM 12 CALCULATION FOR FISCAL YEAR 2019 PILT 13 PAYMENTS. 14 (a) DEFINITIONS.—In this section: 15 (1) COVERED PAYMENT.—The term ‘‘covered 16 payment’’ means a payment to a unit of general 17 local government for fiscal year 2018 from amounts 18 deposited in the Treasury during the period of time 19 beginning on November 18, 1997, and ending on 20 August 7, 2008, from a lease issued under section 21 7439(b)(1) of title 10, United States Code, and dis- 22 tributed to the unit of general local government in 23 accordance with the Mineral Leasing Act (30 U.S.C. 24 181 et seq.). 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01382 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1383 HR 5515 PCS (2) PAYMENT LAW.—The term ‘‘payment law’’ 1 has the meaning given the term in section 2 6903(a)(1) of title 31, United States Code. 3 (3) UNIT OF GENERAL LOCAL GOVERNMENT.— 4 The term ‘‘unit of general local government’’ has the 5 meaning given the term in section 6901 of title 31, 6 United States Code. 7 (b) CALCULATION OF PILT PAYMENT AMOUNT.— 8 Notwithstanding any other provision of law, in calculating 9 the amount of a payment to be made to a unit of general 10 local government for fiscal year 2019 under chapter 69 11 of title 31, United States Code, the Secretary of the Inte- 12 rior shall not consider a covered payment to be an amount 13 received by the unit of general local government in the 14 prior fiscal year under a payment law for purposes of sec- 15 tion 6903(b)(1)(A) of that title. 16 TITLE XXXV—MARITIME 17 MATTERS 18 Subtitle A—Maritime 19 Administration 20 SEC. 3501. AUTHORIZATION OF THE MARITIME ADMINIS- 21 TRATION. 22 There are authorized to be appropriated to the De- 23 partment of Transportation for fiscal year 2019, to be 24 available without fiscal year limitation if so provided in 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01383 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1384 HR 5515 PCS appropriations Acts, for programs associated with main- 1 taining the United States merchant marine, the following 2 amounts: 3 (1) For expenses necessary for operations of the 4 United States Merchant Marine Academy, 5 $74,593,000, of which— 6 (A) $70,593,000 shall be for Academy op- 7 erations; and 8 (B) $4,000,000 shall remain available until 9 expended for capital asset management at the 10 Academy. 11 (2) For expenses necessary to support the State 12 maritime academies, $24,400,000, of which— 13 (A) $2,400,000 shall remain available until 14 September 30, 2019, for the Student Incentive 15 Program; and 16 (B) $22,000,000 shall remain available 17 until expended for maintenance and repair of 18 State maritime academy training vessels. 19 (3) For expenses necessary to support the Na- 20 tional Security Multi-Mission Vessel Program, 21 $350,000,000, which shall remain available until ex- 22 pended. 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01384 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1385 HR 5515 PCS (4) For expenses necessary to support Maritime 1 Administration operations and programs, 2 $53,435,000. 3 (5) For expenses necessary to dispose of vessels 4 in the National Defense Reserve Fleet, $30,000,000, 5 which shall remain available until expended. 6 (6) For expenses necessary to maintain and 7 preserve a United States flag merchant marine to 8 serve the national security needs of the United 9 States under chapter 531 of title 46, United States 10 Code, $300,000,000. 11 (7) For expenses necessary for the loan guar- 12 antee program authorized under chapter 537 of title 13 46, United States Code, $33,000,000, of which— 14 (A) $30,000,000 may be used for the cost 15 (as defined in section 502(5) of the Federal 16 Credit Reform Act of 1990 (2 U.S.C. 661a(5))) 17 of loan guarantees under the program; and 18 (B) $3,000,000 may be used for adminis- 19 trative expenses relating to loan guarantee com- 20 mitments under the program. 21 (8) For expenses necessary to provide small 22 shipyards and maritime communities grants under 23 section 54101 of title 46, United States Code, 24 $35,000,000. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01385 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1386 HR 5515 PCS SEC. 3502. COMPLIANCE BY READY RESERVE FLEET VES- 1 SELS WITH SOLAS LIFEBOATS AND FIRE SUP- 2 PRESSION REQUIREMENTS. 3 The Secretary of Defense shall, consistent with sec- 4 tion 2244a of title 10, United States Code, use authority 5 under section 2218 of such title to make such modifica- 6 tions to Ready Reserve Fleet vessels as are necessary for 7 such vessels to comply requirements for lifeboats and fire 8 suppression under the International Convention for the 9 Safety of Life at Sea by not later than October 1, 2021. 10 SEC. 3503. MARITIME ADMINISTRATION NATIONAL SECU- 11 RITY MULTI-MISSION VESSEL PROGRAM. 12 Section 3505 of the National Defense Authorization 13 Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 14 2776) is amended by adding at the end the following: 15 ‘‘(h) LIMITATION ON USE OF FUNDS FOR USED VES- 16 SELS.—Amounts authorized by this or any other Act for 17 use by the Maritime Administration to carry out this sec- 18 tion may not be used for the procurement of any used 19 vessel.’’. 20 SEC. 3504. PERMANENT AUTHORITY OF SECRETARY OF 21 TRANSPORTATION TO ISSUE VESSEL WAR 22 RISK INSURANCE. 23 (a) IN GENERAL.—Section 53912 of title 46, United 24 States Code, is repealed. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01386 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1387 HR 5515 PCS (b) CLERICAL AMENDMENT.—The table of sections 1 at the beginning of chapter 539 of title 46, United States 2 Code, is amended by striking the item relating to section 3 53912. 4 SEC. 3505. USE OF STATE MARITIME ACADEMY TRAINING 5 VESSELS. 6 (a) IN GENERAL.—Section 51504(g) of title 46, 7 United States Code, is amended to read as follows: 8 ‘‘(g) TRAINING VESSEL CAPACITY SHARING.— 9 ‘‘(1) IN GENERAL.—The Secretary, acting 10 through the Maritime Administrator and in con- 11 sultation with the State maritime academies, imple- 12 ment a program under which State maritime acad- 13 emies shall share among such academies training 14 vessel capacity provided by the Secretary as nec- 15 essary to ensure that training needs for the purpose 16 of training licensed mariners of each academy are 17 met in periods of limited vessel capacity that could 18 affect required licensed mariner training as deter- 19 mined by the Maritime Administrator. 20 ‘‘(2) PROGRAM REQUIREMENTS.—The program 21 shall include— 22 ‘‘(A) ways to maximize the underway 23 training capacity for licensed mariners available 24 in the fleet of training vessels; 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01387 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1388 HR 5515 PCS ‘‘(B) coordinating the dates and duration 1 of training cruises with the academic calendars 2 of State maritime academies, and 3 ‘‘(C) identifying ways to minimize costs as- 4 sociated with training voyages for both the 5 Maritime Administration and the State mari- 6 time academies. 7 ‘‘(3) ADDITIONAL FUNDING.—Subject to the 8 availability of appropriations, the Maritime Adminis- 9 trator may provide additional funding the State 10 maritime academies during periods of limited train- 11 ing vessel capacity, for costs associated with training 12 vessel sharing. 13 ‘‘(4) EVALUATION AND MODIFICATION.—Not 14 later than 30 days after the beginning of each fiscal 15 year and as the Maritime Administrator determines 16 necessary in the State maritime academy training 17 year, the Secretary, acting through the Maritime 18 Administrator, shall— 19 ‘‘(A) evaluate the program under this sub- 20 section to determine the optimal utilization of 21 State maritime academy training vessels for the 22 purpose described in paragraph (1); and 23 ‘‘(B) modify the program as necessary to 24 improve such utilization.’’. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01388 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1389 HR 5515 PCS (b) DEADLINE.—The Secretary of Transportation 1 shall begin implementing the program required by the 2 amendment made by subsection (a) by not later than 180 3 days after the date of the enactment of this Act. 4 Subtitle B—Coast Guard 5 SEC. 3521. ALIGNMENT WITH DEPARTMENT OF DEFENSE 6 AND SEA SERVICES AUTHORITIES. 7 (a) PROHIBITING SEXUAL HARASSMENT; REPORT.— 8 (1) NOTIFICATION.— 9 (A) IN GENERAL.—The Commandant of 10 the Coast Guard shall notify the Committee on 11 Transportation and Infrastructure and the 12 Committee on Homeland Security of the House 13 of Representatives and the Committee on Com- 14 merce, Science, and Transportation of the Sen- 15 ate on August 26, 2018, if there is not in effect 16 a general order or regulation prohibiting sexual 17 harassment by members of the Coast Guard 18 and clearly stating that a violation of such 19 order or regulation is punishable in accordance 20 with the Uniform Code of Military Justice. 21 (B) CONTENTS.—The notification required 22 under subparagraph (A) shall include— 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01389 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1390 HR 5515 PCS (i) details regarding the status of the 1 drafting of such general order or regula- 2 tion; 3 (ii) a projected implementation 4 timeline for such general order or regula- 5 tion; and 6 (iii) an explanation regarding any bar- 7 riers to implementation. 8 (2) REPORT.—Section 217 of the Coast Guard 9 Authorization Act of 2010 (Public Law 111–281; 10 124 Stat. 2917) is amended— 11 (A) in subsection (a), by inserting ‘‘and in- 12 cidents of sexual harassment’’ after ‘‘sexual as- 13 saults’’; and 14 (B) in subsection (b)— 15 (i) in paragraph (1), by inserting 16 ‘‘and incidents of sexual harassment’’ after 17 ‘‘sexual assault’’ each place it appears;2 18 (ii) in paragraph (3), by inserting 19 ‘‘and sexual harassment’’ after ‘‘sexual as- 20 sault’’; and 21 (iii) in paragraph (4), by inserting 22 ‘‘and sexual harassment’’ after ‘‘sexual as- 23 sault’’. 24 (b) ANNUAL PERFORMANCE REPORT.— 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01390 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1391 HR 5515 PCS (1) IN GENERAL.—Chapter 29 of title 14, 1 United States Code, is amended by adding at the 2 end the following: 3 ‘‘§ 2905. Annual performance report 4 ‘‘Not later than the date on which the President sub- 5 mits to Congress a budget pursuant to section 1105 of 6 title 31, the Commandant of the Coast Guard shall make 7 available on a public website and submit to the Committee 8 on Transportation and Infrastructure of the House of 9 Representatives and the Committee on Commerce, 10 Science, and Transportation of the Senate an update on 11 Coast Guard mission performance during the previous fis- 12 cal year.’’. 13 (2) CLERICAL AMENDMENT.—The analysis at 14 the beginning of such chapter is amended by adding 15 at the end the following: 16 ‘‘2905. Annual performance report.’’. SEC. 3522. PRELIMINARY DEVELOPMENT AND DEMONSTRA- 17 TION. 18 Section 573 of title 14, United States Code, is 19 amended— 20 (1) in subsection (b)(3), by— 21 (A) striking ‘‘require that safety concerns 22 identified’’ and inserting ‘‘ensure that inde- 23 pendent third parties and Government employ- 24 ees that identify safety concerns’’; and 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01391 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1392 HR 5515 PCS (B) striking ‘‘Coast Guard shall be com- 1 municated as’’ and inserting ‘‘Coast Guard 2 communicate such concerns as;’’ 3 (2) in subsection (b)(4), by striking ‘‘Any safety 4 concerns that have been reported to the Chief Acqui- 5 sition Officer for an acquisition program or project 6 shall be reported by the Commandant’’ and inserting 7 ‘‘The Commandant shall ensure that any safety con- 8 cerns that have been communicated under paragraph 9 (3) for an acquisition program or project are re- 10 ported’’; 11 (3) in subsection (b)(5)— 12 (A) by striking the matter preceding sub- 13 paragraph (A) and inserting the following: 14 ‘‘(5) ASSET ALREADY IN LOW, INITIAL, OR 15 FULL-RATE PRODUCTION.—The Commandant shall 16 ensure that if an independent third party or a Gov- 17 ernment employee identifies a safety concern with a 18 capability or asset or any subsystems of a capability 19 or asset not previously identified during operational 20 test and evaluation of a capability or asset already 21 in low, initial, or full-rate production—’’; 22 (B) in subparagraph (A), by inserting ‘‘the 23 Commandant, through the Assistant Com- 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01392 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1393 HR 5515 PCS mandant for Capability, shall’’ before ‘‘notify’’; 1 and 2 (C) in subparagraph (B), by striking ‘‘no- 3 tify the Chief Acquisition Officer and include in 4 such notification’’ and inserting ‘‘the Deputy 5 Commandant for Mission Support shall notify 6 the Commandant and the Deputy Commandant 7 for Operations of the safety concern within 50 8 days after the notification required under sub- 9 paragraph (A), and include in such notifica- 10 tion’’; and 11 (4) in subsection (c)— 12 (A) in paragraph (2)(A), by striking ‘‘and 13 that are delivered after the date of enactment 14 of the Coast Guard Authorization Act of 2010’’; 15 and 16 (B) in paragraph (5), by striking ‘‘and de- 17 livered after the date of enactment of the Coast 18 Guard Authorization Act of 2010’’. 19 SEC. 3523. CONTRACT TERMINATION. 20 (a) IN GENERAL.—Chapter 17 of title 14, United 21 States Code, is amended by inserting after section 656 the 22 following: 23 ‘‘§ 657. Contract termination 24 ‘‘(a) IN GENERAL.— 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01393 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1394 HR 5515 PCS ‘‘(1) NOTIFICATION.—Before terminating a 1 procurement or acquisition contract with a total 2 value of more than $1,000,000, the Commandant of 3 the Coast Guard shall notify each vendor under such 4 contract and require the vendor to maintain all work 5 product related to the contract until the earlier of— 6 ‘‘(A) not less than 1 year after the date of 7 the notification; or 8 ‘‘(B) the date the Commandant notifies 9 the vendor that maintenance of such work prod- 10 uct is no longer required. 11 ‘‘(b) WORK PRODUCT DEFINED.—In this section the 12 term ‘work product’— 13 ‘‘(1) means tangible and intangible items and 14 information produced or possessed as a result of a 15 contract referred to in subsection (a); and 16 ‘‘(2) includes— 17 ‘‘(A) any completed end items; 18 ‘‘(B) any uncompleted end items; and 19 ‘‘(C) any property in the contractor’s pos- 20 session in which the United States Government 21 has an interest. 22 ‘‘(c) PENALTY.—A vendor that fails to maintain work 23 product as required under subsection (a) is liable to the 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01394 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1395 HR 5515 PCS United States for a civil penalty of not more than $25,000 1 for each day on which such work product is unavailable. 2 ‘‘(d) REPORT.—Not later than 45 days after the end 3 of each fiscal year, the Commandant of the Coast Guard 4 shall provide to the Committee on Transportation and In- 5 frastructure of the House of Representatives and the Com- 6 mittee on Commerce, Science, and Transportation of the 7 Senate a report detailing— 8 ‘‘(1) all Coast Guard contracts with a total 9 value of more than $1,000,000 that were terminated 10 in the fiscal year; 11 ‘‘(2) all vendors who were notified under sub- 12 section (a)(1) in the fiscal year, and the date of such 13 notification; 14 ‘‘(3) all criminal, administrative, and other in- 15 vestigations regarding any contract with a total 16 value of more than $1,000,000 that were initiated 17 by the Coast Guard in the fiscal year; 18 ‘‘(4) all criminal, administrative, and other in- 19 vestigations regarding contracts with a total value of 20 more than $1,000,000 that were completed by the 21 Coast Guard in the fiscal year; and 22 ‘‘(5) an estimate of costs incurred by the Coast 23 Guard, including contract line items and termination 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01395 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1396 HR 5515 PCS costs, as a result of the requirements of this sec- 1 tion.’’. 2 (b) CLERICAL AMENDMENT.—The analysis at the be- 3 ginning of such chapter is amended by inserting after the 4 item relating to section 656 the following: 5 ‘‘657. Contract termination.’’. SEC. 3524. REIMBURSEMENT FOR TRAVEL EXPENSES. 6 The text of section 518 of title 14, United States 7 Code is amended to read as follows: 8 ‘‘In any case in which a covered beneficiary (as defined 9 in section 1072(5) of title 10) resides on an island that 10 is located in the 48 contiguous States and the District of 11 Columbia and that lacks public access roads to the main- 12 land, the Secretary shall reimburse the reasonable travel 13 expenses of the covered beneficiary and, when accompani- 14 ment by an adult is necessary, for a parent or guardian 15 of the covered beneficiary or another member of the cov- 16 ered beneficiary’s family who is at least 21 years of age, 17 if— 18 ‘‘(1) the covered beneficiary is referred by a pri- 19 mary care physician to a specialty care provider (as 20 defined in section 1074i(b) of title 10) on the main- 21 land who provides services less than 100 miles from 22 the location where the beneficiary resides; or 23 ‘‘(2) the Coast Guard medical regional manager 24 for the area in which such island is located deter- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01396 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1397 HR 5515 PCS mines that the covered beneficiary requires services 1 of a primary care, specialty care, or dental provider 2 and such a provider who is part of the network of 3 providers of a TRICARE program (as that term is 4 defined in section 1072(7) of title 10) does not prac- 5 tice on such island.’’. 6 SEC. 3525. CAPITAL INVESTMENT PLAN. 7 Section 2902(a) of title 14, United States Code, is 8 amended— 9 (1) by striking ‘‘On the date’’ and inserting 10 ‘‘Not later than 60 days after the date’’; 11 (2) in paragraph (1)(D), by striking ‘‘and’’; and 12 (3) by inserting after paragraph (1)(E) the fol- 13 lowing: 14 ‘‘(F) projected commissioning and decom- 15 missioning dates for each asset; and’’. 16 SEC. 3526. MAJOR ACQUISITION PROGRAM RISK ASSESS- 17 MENT. 18 (a) IN GENERAL.—Chapter 29 of title 14, United 19 States Code, as amended by section 3521(b)(1) of this 20 Act, is further amended by adding at the end the fol- 21 lowing: 22 ‘‘§ 2906. Major acquisition program risk assessment 23 ‘‘(a) IN GENERAL.—Not later than April 15 and Oc- 24 tober 15 of each year, the Commandant of the Coast 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01397 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1398 HR 5515 PCS Guard shall provide to the Committee on Transportation 1 and Infrastructure of the House of Representatives and 2 the Committee on Commerce, Science, and Transportation 3 of the Senate a briefing regarding a current assessment 4 of the risks associated with all current major acquisition 5 programs, as that term is defined in section 2903(f). 6 ‘‘(b) ELEMENTS.—Each assessment under this sub- 7 section shall include, for each current major acquisition 8 program, discussion of the following: 9 ‘‘(1) The top five current risks to such pro- 10 gram. 11 ‘‘(2) Any failure of such program to dem- 12 onstrate a key performance parameter or threshold 13 during operational test and evaluation conducted 14 during the 2 fiscal-year quarters preceding such as- 15 sessment. 16 ‘‘(3) Whether there has been any decision in 17 such 2 fiscal-year quarters to order full-rate produc- 18 tion before all key performance parameters or 19 thresholds are met. 20 ‘‘(4) Whether there has been any breach of 21 major acquisition program cost (as defined by the 22 Major Systems Acquisition Manual) in such 2 fiscal- 23 year quarters. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01398 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1399 HR 5515 PCS ‘‘(5) Whether there has been any breach of 1 major acquisition program schedule (as so defined) 2 during such 2 fiscal-year quarters.’’. 3 (b) CLERICAL AMENDMENT.—The analysis at the be- 4 ginning of such chapter is further amended by adding at 5 the end the following: 6 ‘‘2906. Major acquisition program risk assessment.’’. (c) CONFORMING AMENDMENTS.—Section 2903 of 7 title 14, United States Code, is amended— 8 (1) by striking subsection (f); and 9 (2) by redesignating subsection (g) as sub- 10 section (f). 11 SEC. 3527. MARINE SAFETY IMPLEMENTATION STATUS. 12 On the date on which the President submits to Con- 13 gress a budget for fiscal year 2020 under section 1105 14 of title 31, and on such date for each of the 2 subsequent 15 years, the Commandant of the Coast Guard shall submit 16 to the Committee on Transportation and Infrastructure 17 of the House of Representatives and the Committee on 18 Commerce, Science, and Transportation of the Senate a 19 report on the status of implementation of each action out- 20 lined in the Commandant’s final action memo dated De- 21 cember 19, 2017. 22 SEC. 3528. RETIREMENT OF VICE COMMANDANT. 23 (a) IN GENERAL.—Section 46 of title 14, United 24 States Code, is amended— 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01399 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1400 HR 5515 PCS (1) in the section heading, by inserting ‘‘or 1 Vice Commandant’’ after ‘‘Commandant’’; 2 (2) by redesignating subsection (a) as sub- 3 section (a)(1); 4 (3) by adding at the end of subsection (a) the 5 following: 6 ‘‘(2) A Vice Commandant who is not re- 7 appointed or appointed Commandant shall be retired 8 with the grade of admiral at the expiration of the 9 appointed term, except as provided in section 10 51(d).’’; 11 (4) in subsections (b) and (c), by inserting ‘‘or 12 Vice Commandant’’ after ‘‘Commandant’’ each place 13 it appears; and 14 (5) in subsection (c), by striking ‘‘his’’ and in- 15 serting ‘‘the officer’s’’. 16 (b) CONFORMING AMENDMENT.—Section 51 of title 17 14, United States Code, is amended by striking ‘‘other 18 than the Commandant,’’ each place it appears and insert- 19 ing ‘‘other than the Commandant or Vice Commandant,’’. 20 (c) CLERICAL AMENDMENT.—The analysis at the be- 21 ginning of chapter 3 of title 14, United States Code, is 22 amended by striking the item relating to section 46 and 23 inserting the following: 24 ‘‘46. Retirement of Commandant or Vice Commandant.’’. VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01400 Fmt 6652 Sfmt 6211 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1401 HR 5515 PCS SEC. 3529. LARGE COMMERCIAL YACHT CODE. 1 The Secretary of the department in which the Coast 2 Guard is operating, acting through the Commandant of 3 the Coast Guard, shall develop a Large Commercial Yacht 4 code for recreational vessels over 300 gross tons as meas- 5 ured under section 14502 of title 46, United States Code, 6 or an alternate tonnage measured under section 14302 of 7 such title (as prescribed by the Secretary under section 8 14104 of such title), that is comparable to the Code of 9 Safe Practice for Large Commercial Yachts (commonly re- 10 ferred to as the ‘‘Large Commercial Yacht Code’’), as pub- 11 lished by the Maritime and Coast Guard of the United 12 Kingdom. The Secretary shall complete such code by no 13 later than one year after the date of the enactment of this 14 Act. 15 Subtitle C—Coast Guard and 16 Shipping Technical Corrections 17 CHAPTER 1—COAST GUARD 18 SEC. 3531. COMMANDANT DEFINED. 19 (a) IN GENERAL.—Chapter 1 of title 14, United 20 States Code, is amended by adding at the end the fol- 21 lowing: 22 ‘‘§ 5. Commandant defined 23 ‘‘In this title, the term ‘Commandant’ means the 24 Commandant of the Coast Guard.’’. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01401 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1402 HR 5515 PCS (b) CLERICAL AMENDMENT.—The analysis for chap- 1 ter 1 of title 14, United States Code, is amended by add- 2 ing at the end the following: 3 ‘‘5. Commandant defined.’’. (c) CONFORMING AMENDMENTS.—Title 14, United 4 States Code, is amended— 5 (1) in section 58(a) by striking ‘‘Commandant 6 of the Coast Guard’’ and inserting ‘‘Commandant’’; 7 (2) in section 101 by striking ‘‘Commandant of 8 the Coast Guard’’ and inserting ‘‘Commandant’’; 9 (3) in section 693 by striking ‘‘Commandant of 10 the Coast Guard’’ and inserting ‘‘Commandant’’; 11 (4) in section 672a(a) by striking ‘‘Com- 12 mandant of the Coast Guard’’ and inserting ‘‘Com- 13 mandant’’; 14 (5) in section 678(a) by striking ‘‘Commandant 15 of the Coast Guard’’ and inserting ‘‘Commandant’’; 16 (6) in section 561(a) by striking ‘‘Commandant 17 of the Coast Guard’’ and inserting ‘‘Commandant’’; 18 (7) in section 577(a) by striking ‘‘Commandant 19 of the Coast Guard’’ and inserting ‘‘Commandant’’; 20 (8) in section 581— 21 (A) by striking paragraph (4); and 22 (B) by redesignating paragraphs (5) 23 through (12) as paragraphs (4) through (11), 24 respectively; 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01402 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1403 HR 5515 PCS (9) in section 200(a) by striking ‘‘Commandant 1 of the Coast Guard’’ and inserting ‘‘Commandant’’; 2 (10) in section 196(b)(1) by striking ‘‘Com- 3 mandant of the Coast Guard’’ and inserting ‘‘Com- 4 mandant’’; 5 (11) in section 199 by striking ‘‘Commandant 6 of the Coast Guard’’ and inserting ‘‘Commandant’’; 7 (12) in section 429(a)(1) by striking ‘‘Com- 8 mandant of the Coast Guard’’ and inserting ‘‘Com- 9 mandant’’; 10 (13) in section 423(a)(2) by striking ‘‘Com- 11 mandant of the Coast Guard’’ and inserting ‘‘Com- 12 mandant’’; 13 (14) in section 2702(5) by striking ‘‘Com- 14 mandant of the Coast Guard’’ and inserting ‘‘Com- 15 mandant’’; 16 (15) in section 2902(a) by striking ‘‘Com- 17 mandant of the Coast Guard’’ and inserting ‘‘Com- 18 mandant’’; and 19 (16) in section 2903(f)(1) by striking ‘‘Com- 20 mandant of the Coast Guard’’ and inserting ‘‘Com- 21 mandant’’. 22 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01403 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1404 HR 5515 PCS SEC. 3532. TRAINING COURSE ON WORKINGS OF CON- 1 GRESS. 2 Section 60(d) of title 14, United States Code, is 3 amended to read as follows: 4 ‘‘(d) COMPLETION OF REQUIRED TRAINING.—A 5 Coast Guard flag officer who is newly appointed or as- 6 signed to a billet in the National Capital Region, and a 7 Coast Guard Senior Executive Service employee who is 8 newly employed in the National Capital Region, shall com- 9 plete a training course that meets the requirements of this 10 section not later than 60 days after reporting for duty.’’. 11 SEC. 3533. MISCELLANEOUS. 12 (a) SECRETARY; GENERAL POWERS.—Section 92 of 13 title 14, United States Code, is amended by redesignating 14 subsections (f) through (i) as subsections (e) through (h), 15 respectively. 16 (b) COMMANDANT; GENERAL POWERS.—Section 17 93(a)(21) of title 14, United States Code, is amended by 18 striking ‘‘section 30305(a)’’ and inserting ‘‘section 19 30305(b)(7)’’. 20 (c) ENLISTED MEMBERS.— 21 (1) DEPARTMENT OF THE ARMY AND DEPART- 22 MENT OF THE AIR FORCE.—Section 144(b) of title 23 14, United States Code, is amended by striking ‘‘en- 24 listed men’’ each place it appears and inserting ‘‘en- 25 listed members’’. 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01404 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1405 HR 5515 PCS (2) NAVY DEPARTMENT.—Section 145(b) of 1 title 14, United States Code, is amended by striking 2 ‘‘enlisted men’’ each place it appears and inserting 3 ‘‘enlisted members’’. 4 (3) PURCHASE OF COMMISSARY AND QUARTER- 5 MASTER SUPPLIES.—Section 4 of the Act of May 22, 6 1926 (44 Stat. 626, chapter 371; 33 U.S.C. 754a), 7 is amended by striking ‘‘enlisted men’’ and inserting 8 ‘‘enlisted members’’. 9 (d) ARCTIC MARITIME TRANSPORTATION.—Section 10 90(f) of title 14, United States Code, is amended by strik- 11 ing the question mark. 12 (e) LONG-TERM LEASE AUTHORITY FOR LIGHT- 13 HOUSE PROPERTY.—Section 672a(a) of title 14, United 14 States Code, as amended by this Act, is further amended 15 by striking ‘‘Section 321 of chapter 314 of the Act of June 16 30, 1932 (40 U.S.C. 303b)’’ and inserting ‘‘Section 1302 17 of title 40’’. 18 (f) REQUIRED CONTRACT TERMS.—Section 565 of 19 title 14, United States Code, is amended— 20 (1) in subsection (a) by striking ‘‘awarded or 21 issued by the Coast Guard after the date of enact- 22 ment of the Coast Guard Authorization Act of 23 2010’’; and 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01405 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1406 HR 5515 PCS (2) in subsection (b)(1) by striking ‘‘after the 1 date of enactment of the Coast Guard Authorization 2 Act of 2010’’. 3 (g) ACQUISITION PROGRAM BASELINE BREACH.— 4 Section 575(c) of title 14, United States Code, is amended 5 by striking ‘‘certification, with a supporting explanation, 6 that’’ and inserting ‘‘determination, with a supporting ex- 7 planation, of whether’’. 8 (h) ENLISTMENTS; TERM, GRADE.—Section 351(a) 9 of title 14, United States Code, is amended by inserting 10 ‘‘the duration of their’’ before ‘‘minority’’. 11 (i) MEMBERS OF THE AUXILIARY; STATUS.—Section 12 823a(b)(9) of title 14, United States Code, is amended 13 by striking ‘‘On or after January 1, 2001, section’’ and 14 inserting ‘‘Section’’. 15 (j) USE OF MEMBER’S FACILITIES.—Section 826(b) 16 of title 14, United States Code, is amended by striking 17 ‘‘section 154 of title 23, United States Code’’ and insert- 18 ing ‘‘section 30102 of title 49’’. 19 (k) AVAILABILITY OF APPROPRIATIONS.—Section 20 830(b) of title 14, United States Code, is amended by 21 striking ‘‘1954’’ and inserting ‘‘1986’’. 22 SEC. 3534. DEPARTMENT OF DEFENSE CONSULTATION. 23 Section 566 of title 14, United States Code, is 24 amended— 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01406 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1407 HR 5515 PCS (1) in subsection (b) by striking ‘‘enter into’’ 1 and inserting ‘‘maintain’’; and 2 (2) by striking subsection (d). 3 SEC. 3535. REPEAL. 4 Section 568 of title 14, United States Code, and the 5 item relating to that section in the analysis for chapter 6 15 of that title, are repealed. 7 SEC. 3536. MISSION NEED STATEMENT. 8 Section 569 of title 14, United States Code, is— 9 (1) amended in subsection (a)— 10 (A) by striking ‘‘for fiscal year 2016’’ and 11 inserting ‘‘for fiscal year 2019’’; and 12 (B) by striking ‘‘, on the date on which the 13 President submits to Congress a budget for fis- 14 cal year 2019 under such section,’’. 15 SEC. 3537. CONTINUATION ON ACTIVE DUTY. 16 Section 290(a) of title 14, United States Code, is 17 amended by striking ‘‘Officers, other than the Com- 18 mandant, serving’’ and inserting ‘‘Officers serving’’. 19 SEC. 3538. SYSTEM ACQUISITION AUTHORIZATION. 20 (a) REQUIREMENT FOR PRIOR AUTHORIZATION OF 21 APPROPRIATIONS.—Section 2701(2) of title 14, United 22 States Code, is amended by striking ‘‘and aircraft’’ and 23 inserting ‘‘aircraft, and systems’’. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01407 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1408 HR 5515 PCS (b) AUTHORIZATION OF APPROPRIATIONS.—Section 1 2702(2) of title 14, United States Code, is amended by 2 striking ‘‘and aircraft’’ and inserting ‘‘aircraft, and sys- 3 tems’’. 4 SEC. 3539. INVENTORY OF REAL PROPERTY. 5 Section 679 of title 14, United States Code, is 6 amended— 7 (1) in subsection (a) by striking ‘‘Not later 8 than September 30, 2015, the Commandant shall es- 9 tablish’’ and inserting ‘‘The Commandant shall 10 maintain’’; and 11 (2) by striking subsection (b) and inserting the 12 following: 13 ‘‘(b) UPDATES.—The Commandant shall update in- 14 formation on each unit of real property included in the 15 inventory required under subsection (a) not later than 30 16 days after any change relating to the control of such prop- 17 erty.’’. 18 CHAPTER 2—MARITIME 19 TRANSPORTATION 20 SEC. 3541. DEFINITIONS. 21 (a) IN GENERAL.— 22 (1) Section 2101 of title 46, United States 23 Code, is amended— 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01408 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1409 HR 5515 PCS (A) by inserting after paragraph (4) the 1 following: 2 ‘‘( ) ‘Commandant’ means the Commandant of 3 the Coast Guard.’’; 4 (B) by striking the semicolon at the end of 5 paragraph (14) and inserting a period; and 6 (C) by redesignating the paragraphs of 7 such section in order as paragraphs (1) through 8 (54), respectively. 9 (2) Section 3701 of title 46, United States 10 Code, is amended by redesignating paragraphs (3) 11 and (4) as paragraphs (2) and (3) respectively. 12 (b) CONFORMING AMENDMENTS.— 13 (1) Section 114(o)(3) of the Marine Mammal 14 Protection Act of 1972 (16 U.S.C. 1383a(o)(3)) is 15 amended— 16 (A) by striking ‘‘section 2101(11a)’’ and 17 inserting ‘‘section 2101(12)’’; and 18 (B) by striking ‘‘section 2101(11b)’’ and 19 inserting ‘‘section 2101(13)’’. 20 (2) Section 3(3) of the Magnuson-Stevens Fish- 21 ery Conservation and Management Act (16 U.S.C. 22 1802(3)), is amended by striking ‘‘section 23 2101(21a)’’ and inserting ‘‘section 2101(30)’’. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01409 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1410 HR 5515 PCS (3) Section 1992(d)(7) of title 18, United 1 States Code, is amended by striking ‘‘section 2 2101(22)’’ and inserting ‘‘section 2101(31)’’. 3 (4) Section 12(c) of the Fishermen’s Protective 4 Act of 1967 (22 U.S.C. 1980b(c)) is amended by 5 striking ‘‘section 2101(11a)’’ and inserting ‘‘section 6 2101(12)’’. 7 (5) Section 311(a)(26)(D) of the Federal Water 8 Pollution Control Act (33 U.S.C. 1321(a)(26)(D)) is 9 amended by striking ‘‘section 2101(17a)’’ and in- 10 serting ‘‘section 2101(23)’’. 11 (6) Section 2113(3) of title 46, United States 12 Code, is amended by striking ‘‘section 2101(42)(A)’’ 13 and inserting ‘‘section 2101(51)(A)’’. 14 (7) Section 2116(d)(1) of title 46, United 15 States Code, is amended by striking ‘‘Coast Guard 16 Commandant’’ and inserting ‘‘Commandant’’. 17 (8) Section 3202(a)(1)(A) of title 46, United 18 States Code, is amended by striking ‘‘section 19 2101(21)(A)’’ and inserting ‘‘section 2101(29)(A)’’. 20 (9) Section 3507 of title 46, United States 21 Code, is amended— 22 (A) in subsection (k)(1), by striking ‘‘sec- 23 tion 2101(22)’’ and inserting ‘‘section 24 2101(31)’’; and 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01410 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1411 HR 5515 PCS (B) by striking subsection (l) and inserting 1 the following: 2 ‘‘(l) DEFINITION.—In this section and section 3508, 3 the term ‘owner’ means the owner, charterer, managing 4 operator, master, or other individual in charge of a ves- 5 sel.’’. 6 (10) Section 4105 of title 46, United States 7 Code, is amended— 8 (A) in subsection (b)(1), by striking ‘‘sec- 9 tion 2101(42)’’ and inserting ‘‘section 10 2101(51)’’; and 11 (B) in subsection (c), by striking ‘‘section 12 2101(42)(A)’’ and inserting ‘‘section 13 2101(51)(A)’’. 14 (11) Section 6101(i)(4) of title 46, United 15 States Code, is amended by striking ‘‘of the Coast 16 Guard’’. 17 (12) Section 7510(c)(1) of title 46, United 18 States Code, is amended by striking ‘‘Commandant 19 of the Coast Guard’’ and inserting ‘‘Commandant’’. 20 (13) Section 7706(a) of title 46, United States 21 Code, is amended by striking ‘‘of the Coast Guard’’. 22 (14) Section 8108(a)(1) of title 46, United 23 States Code, is amended by striking ‘‘of the Coast 24 Guard’’. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01411 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1412 HR 5515 PCS (15) Section 12119(a)(3) of title 46, United 1 States Code, is amended by striking ‘‘section 2 2101(20)’’ and inserting ‘‘section 2101(26)’’. 3 (16) Section 80302(d) of title 46, United States 4 Code, is amended by striking ‘‘of the Coast Guard’’ 5 the first place it appears. 6 (17) Section 1101 of title 49, United States 7 Code, is amended by striking ‘‘Section 2101(17a)’’ 8 and inserting ‘‘Section 2101(23)’’. 9 SEC. 3542. AUTHORITY TO EXEMPT VESSELS. 10 (a) IN GENERAL.—Section 2113 of title 46, United 11 States Code, is amended— 12 (1) by adding ‘‘and’’ after the semicolon at the 13 end of paragraph (3); and 14 (2) by striking paragraphs (4) and (5) and in- 15 serting the following: 16 ‘‘(4) maintain different structural fire protec- 17 tion, manning, operating, and equipment require- 18 ments for vessels that satisfied requirements set 19 forth in the Passenger Vessel Safety Act of 1993 20 (Public Law 103–206) before June 21, 1994.’’. 21 (b) CONFORMING AMENDMENTS.—Section 3306(i) of 22 title 46, United States Code, is amended by striking ‘‘sec- 23 tion 2113(5)’’ and inserting ‘‘section 2113(4)’’. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01412 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1413 HR 5515 PCS SEC. 3543. PASSENGER VESSELS. 1 (a) Section 3507 of title 46, United States Code, is 2 amended— 3 (1) by striking subsection (a)(3); 4 (2) in subsection (e)(2), by striking ‘‘services 5 confidential’’ and inserting ‘‘services as confiden- 6 tial’’; and 7 (3) in subsection (i), by striking ‘‘Within 6 8 months after the date of enactment of the Cruise 9 Vessel Security and Safety Act of 2010, the Sec- 10 retary shall issue’’ and insert ‘‘The Secretary shall 11 maintain’’. 12 (b) Section 3508 of title 46, United States Code, is 13 amended— 14 (1) in subsection (a), by striking ‘‘Within 1 15 year after the date of enactment of the Cruise Vessel 16 Security and Safety Act of 2010, the’’ and inserting 17 ‘‘The’’, and by striking ‘‘develop’’ and inserting 18 ‘‘maintain’’; 19 (2) in subsection (c), by striking ‘‘Beginning 2 20 years after the standards are established under sub- 21 section (b), no’’ and inserting ‘‘No’’; 22 (3) by striking subsection (d) and redesignating 23 subsections (e) and (f) as subsections (d) and (e), 24 respectively; and 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01413 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1414 HR 5515 PCS (4) in subsection (e), as redesignated by para- 1 graph (3), by striking ‘‘subsection (e)’’ each place it 2 appears and inserting ‘‘subsection (d)’’. 3 SEC. 3544. TANK VESSELS. 4 (a) Section 3703a of title 46, United States Code, 5 is amended— 6 (1) in subsection (b), by striking paragraph (3) 7 and redesignating paragraphs (4), (5), and (6) as 8 paragraphs (3), (4), and (5), respectively; 9 (2) in subsection (c)(2)— 10 (A) by striking ‘‘that is delivered’’ and in- 11 serting ‘‘that was delivered’’; 12 (B) by striking ‘‘that qualifies’’ and insert- 13 ing ‘‘that qualified’’; and 14 (C) by striking ‘‘after January 1, 2015,’’; 15 (3) in subsection (c)(3)— 16 (A) by striking ‘‘that is delivered’’ and in- 17 serting ‘‘that was delivered’’; and 18 (B) by striking ‘‘that qualifies’’ and insert- 19 ing ‘‘that qualified’’; 20 (4) by striking subsection (c)(3)(A) and insert- 21 ing the following: 22 ‘‘(A) in the case of a vessel of at least 5,000 23 gross tons but less than 15,000 gross tons as meas- 24 ured under section 14502, or an alternate tonnage 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01414 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1415 HR 5515 PCS measured under section 14302 as prescribed by the 1 Secretary under section 14104, if the vessel is 25 2 years old or older and has a single hull, or is 30 3 years old or older and has a double bottom or double 4 sides;’’; 5 (5) by striking subsection (c)(3)(B) and insert- 6 ing the following: 7 ‘‘(B) in the case of a vessel of at least 15,000 8 gross tons but less than 30,000 gross tons as meas- 9 ured under section 14502, or an alternate tonnage 10 measured under section 14302 as prescribed by the 11 Secretary under section 14104, if the vessel is 25 12 years old or older and has a single hull, or is 30 13 years old or older and has a double bottom or double 14 sides; and’’; 15 (6) by striking subsection (c)(3)(C) and insert- 16 ing the following: 17 ‘‘(C) in the case of a vessel of at least 30,000 18 gross tons as measured under section 14502, or an 19 alternate tonnage measured under section 14302 as 20 prescribed by the Secretary under section 14104, if 21 the vessel is 23 years old or older and has a single 22 hull, or is 28 years old or older and has a double 23 bottom or double sides.’’; and 24 (7) in subsection (e)— 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01415 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1416 HR 5515 PCS (A) in paragraph (1), by striking ‘‘and ex- 1 cept as otherwise provided in paragraphs (2) 2 and (3) of this subsection’’; and 3 (B) by striking paragraph (2) and redesig- 4 nating paragraph (3) as paragraph (2). 5 (b) Section 3705 of title 46, United States Code, is 6 amended— 7 (1) in subsection (b)— 8 (A) by striking paragraph (2); 9 (B) by striking ‘‘(1)’’; and 10 (C) by redesignating subparagraphs (A) 11 and (B) as paragraphs (1) and (2), respectively; 12 and 13 (2) in subsection (c), by striking ‘‘before Janu- 14 ary 2, 1986, or the date on which the tanker reaches 15 15 years of age, whichever is later’’. 16 (c) Section 3706(d) of title 46, United States Code, 17 is amended by striking ‘‘before January 2, 1986, or the 18 date on which it reaches 15 years of age, whichever is 19 later’’. 20 (d) Section 1001(32)(A) of the Oil Pollution Act of 21 1990 (33 U.S.C. 2701(32)(A)) is amended by striking 22 ‘‘(other than a vessel described in section 3703a(b)(3) of 23 title 46, United States Code)’’. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01416 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1417 HR 5515 PCS SEC. 3545. GROUNDS FOR DENIAL OR REVOCATION. 1 (a) Section 7503 of title 46, United States Code, is 2 amended to read as follows: 3 ‘‘§ 7503. Dangerous drugs as grounds for denial 4 ‘‘A license, certificate of registry, or merchant mari- 5 ner’s document authorized to be issued under this part 6 may be denied to an individual who— 7 ‘‘(1) within 10 years before applying for the li- 8 cense, certificate, or document, has been convicted of 9 violating a dangerous drug law of the United States 10 or of a State; or 11 ‘‘(2) when applying, has ever been a user of, or 12 addicted to, a dangerous drug unless the individual 13 provides satisfactory proof that the individual is 14 cured.’’. 15 (b) Section 7704 of title 46, United States Code, is 16 amended by redesignating subsections (b) and (c) as sub- 17 sections (a) and (b), respectively. 18 SEC. 3546. MISCELLANEOUS CORRECTIONS TO TITLE 46, 19 U.S.C. 20 (a) Section 2110 of title 46, United States Code, is 21 amended by striking subsection (k). 22 (b) Section 2116(c) of title 46, United States Code, 23 is amended by striking ‘‘Beginning with fiscal year 2011 24 and each fiscal year thereafter, the’’ and inserting ‘‘The’’. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01417 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1418 HR 5515 PCS (c) Section 3302(g)(2) of title 46, United States 1 Code, is amended by striking ‘‘After December 31, 1988, 2 this’’ and inserting ‘‘This’’. 3 (d) Section 6101(j) of title 46, United States Code, 4 is amended by striking ‘‘, as soon as possible, and no later 5 than January 1, 2005,’’. 6 (e) Section 7505 of title 46, United States Code, is 7 amended by striking ‘‘section 206(b)(7) of the National 8 Driver Register Act of 1982 (23 U.S.C. 401 note)’’ and 9 inserting ‘‘section 30305(b)(7) of title 49’’. 10 (f) Section 7702(c)(1) of title 46, United States 11 Code, is amended by striking ‘‘section 206(b)(4) of the 12 National Driver Register Act of 1982 (23 U.S.C. 401 13 note)’’ and inserting ‘‘section 30305(b)(7) of title 49’’. 14 (g) Section 8106(f) of title 46, United States Code, 15 is amended by striking paragraph (3) and inserting the 16 following: 17 ‘‘(3) CONTINUING VIOLATIONS.—The maximum 18 amount of a civil penalty for a violation under this 19 subsection shall be $100,000.’’. 20 (h) Section 8703 of title 46, United States Code, is 21 amended by redesignating subsection (c) as subsection (b). 22 (i) Section 11113 of title 46, United States Code, is 23 amended— 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01418 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1419 HR 5515 PCS (1) in subsection (a)(4)(A) by striking ‘‘para- 1 graph (2)’’ and inserting ‘‘paragraph (3)’’; and 2 (2) in subsection (c)(2)(B)— 3 (A) by striking ‘‘section 2(9)(a)’’ and in- 4 serting ‘‘section 2(a)(9)(A)’’; and 5 (B) by striking ‘‘33 U.S.C. 1901(9)(a)’’ 6 and inserting ‘‘33 U.S.C. 1901(a)(9)(A)’’. 7 (j) Section 12113(d)(2)(C)(iii) of title 46, United 8 States Code, is amended by striking ‘‘118 Stat. 2887)’’ 9 and inserting ‘‘118 Stat. 2887))’’. 10 (k) Section 13107(c)(2) of title 46, United States 11 Code, is amended by striking ‘‘On and after October 1, 12 2016, no’’ and inserting ‘‘No’’. 13 (l) Section 31322(a)(4)(B) of title 46, United States 14 Code, is amended by striking ‘‘state’’ and inserting 15 ‘‘State’’. 16 (m) Section 52101(d) of title 46, United States Code, 17 is amended by striking ‘‘(50 App. U.S.C. 459(a))’’ and 18 inserting ‘‘(50 U.S.C. 3808(a))’’. 19 (n) The analysis for chapter 531 of title 46, United 20 States Code, is amended by striking the item relating to 21 section 53109: 22 (o) Section 53106(a)(1) of title 46, United States 23 Code, is amended by striking subparagraphs (A), (B), (C), 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01419 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1420 HR 5515 PCS and (D), and by redesignating subparagraphs (E), (F), 1 and (G) as subparagraphs (A), (B), and (C), respectively. 2 (p) Section 53111 of title 46, United States Code, 3 is amended by striking paragraphs (1) through (4), and 4 by redesignating paragraphs (5), (6), and (7) as para- 5 graphs (1), (2), and (3), respectively. 6 (q) Section 53501 of title 46, United States Code, 7 is amended— 8 (1) in paragraph (5)(A)(iii), by striking ‘‘trans- 9 portation trade trade or’’ and inserting ‘‘transpor- 10 tation trade or’’; 11 (2) by redesignating paragraph (8) as para- 12 graph (9); 13 (3) by striking the second paragraph (7) (relat- 14 ing to the definition of ‘‘United States foreign 15 trade’’); and 16 (4) by inserting after the first paragraph (7) 17 the following: 18 ‘‘(8) UNITED STATES FOREIGN TRADE.—The 19 term ‘United States foreign trade’ includes those 20 areas in domestic trade in which a vessel built with 21 a construction-differential subsidy is allowed to oper- 22 ate under the first sentence of section 506 of the 23 Merchant Marine Act, 1936.’’. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01420 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1421 HR 5515 PCS (r) Section 54101(f) of title 46, United States Code, 1 is amended by striking paragraph (2) and inserting the 2 following: 3 ‘‘(2) MINIMUM STANDARDS FOR PAYMENT OR 4 REIMBURSEMENT.—Each application submitted 5 under paragraph (1) shall include a comprehensive 6 description of— 7 ‘‘(A) the need for the project; 8 ‘‘(B) the methodology for implementing the 9 project; and 10 ‘‘(C) any existing programs or arrange- 11 ments that can be used to supplement or lever- 12 age assistance under the program.’’. 13 (s) Section 55305(d)(2)(D) of title 46, United States 14 Code, is amended by striking ‘‘421(c)(1)’’ and inserting 15 ‘‘1303(a)(1))’’. 16 (t) The analysis for chapter 575 of title 46, United 17 States Code, is amended in the item relating to section 18 57533 by adding a period at the end. 19 (u) Section 57532(d) of title 46, United States Code, 20 is amended by striking ‘‘(50 App. U.S.C. 1291(a), (c), 21 1293(c), 1294)’’ and inserting ‘‘(50 U.S.C. 4701(a), (c), 22 4703(c), and 4704)’’. 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01421 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1422 HR 5515 PCS (v) Section 60303(c) of title 46, United States Code, 1 is amended in by striking ‘‘Subsection (a) section does’’ 2 and inserting ‘‘Subsection (a) does’’. 3 SEC. 3547. MISCELLANEOUS CORRECTIONS TO OIL POLLU- 4 TION ACT OF 1990. 5 (a) Section 2 of the Oil Pollution Act of 1990 (33 6 U.S.C. 2701 note) is amended by— 7 (1) inserting after the item relating to section 8 5007 the following: 9 ‘‘Sec. 5008. North Pacific Marine Research Institute.’’. (2) striking the item relating to section 6003. 10 (b) Section 1003(d)(5) of the Oil Pollution Act of 11 1990 (33 U.S.C. 2703(d)(5)) is amended by inserting 12 ‘‘section’’ before ‘‘1002(a)’’. 13 (c) Section 1004(d)(2)(C) of the Oil Pollution Act of 14 1990 (33 U.S.C. 2704(d)(2)(C)) is amended by striking 15 ‘‘under this subparagraph (A)’’ and inserting ‘‘under sub- 16 paragraph (A)’’. 17 (d) Section 4303 of the Oil Pollution Act of 1990 (33 18 U.S.C. 2716a) is amended— 19 (1) in subsection (a), by striking ‘‘subsection 20 (c)(2)’’ and inserting ‘‘subsection (b)(2)’’; and 21 (2) in subsection (b), by striking ‘‘this section 22 1016’’ and inserting ‘‘section 1016’’. 23 (e) Section 5002(l)(2) of the Oil Pollution Act of 24 1990 (33 U.S.C. 2732(l)(2)) is amended by striking ‘‘Gen- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01422 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1423 HR 5515 PCS eral Accounting Office’’ and inserting ‘‘Government Ac- 1 countability Office’’. 2 SEC. 3548. MISCELLANEOUS CORRECTIONS. 3 (a) Section 1 of the Act of June 15, 1917 (chapter 4 30; 50 U.S.C. 191), is amended by striking ‘‘the Secretary 5 of the Treasury’’ and inserting ‘‘the Secretary of the de- 6 partment in which the Coast Guard is operating’’. 7 (b) Section 5(b) of the Act entitled ‘‘An Act to regu- 8 late the construction of bridges over navigable waters’’, 9 approved March 23, 1906, popularly known as the Bridge 10 Act of 1906 (chapter 1130; 33 U.S.C. 495(b)), is amended 11 by striking ‘‘$5,000 for a violation occurring in 2004; 12 $10,000 for a violation occurring in 2005; $15,000 for a 13 violation occurring in 2006; $20,000 for a violation occur- 14 ring in 2007; and’’. 15 (c) Section 5(f) of the Act to Prevent Pollution from 16 Ships (33 U.S.C. 1904(f)) is amended to read as follows: 17 ‘‘(f) SHIP CLEARANCE; REFUSAL OR REVOCATION.— 18 If a ship is under a detention order under this section, 19 the Secretary may refuse or revoke the clearance required 20 by section 60105 of title 46, United States Code.’’. 21 SEC. 3549. MODIFICATION OF BOUNDARIES OF WHITE 22 SANDS NATIONAL MONUMENT AND WHITE 23 SANDS MISSILE RANGE. 24 (a) DEFINITIONS.—In this section: 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01423 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1424 HR 5515 PCS (1) MISSILE RANGE.—The term ‘‘missile 1 range’’ means the White Sands Missile Range, New 2 Mexico, administered by the Secretary of the Army. 3 (2) MONUMENT.—The term ‘‘monument’’ 4 means the White Sands National Monument, New 5 Mexico, established by Presidential Proclamation 6 No. 2025 (16 U.S.C. 431 note), dated January 18, 7 1933, and administered by the Secretary. 8 (3) PUBLIC LAND ORDER.—The term ‘‘Public 9 Land Order’’ means Public Land Order 833, dated 10 May 21, 1952 (17 Fed. Reg. 4822). 11 (4) SECRETARY.—The term ‘‘Secretary’’ means 12 the Secretary of the Interior. 13 (5) MILITARY MUNITIONS.—The term ‘‘military 14 munitions’’ has the meaning given the term in sec- 15 tion 101(e)(4) of title 10, United States Code. 16 (6) MUNITIONS DEBRIS.—The term ‘‘munitions 17 debris’’ means remnants of military munitions re- 18 maining after munitions use, demilitarization, or dis- 19 posal. 20 (b) TRANSFERS OF ADMINISTRATIVE JURISDIC- 21 TION.— 22 (1) TRANSFER OF ADMINISTRATIVE JURISDIC- 23 TION TO THE SECRETARY.— 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01424 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1425 HR 5515 PCS (A) IN GENERAL.—Administrative jurisdic- 1 tion over the land described in subparagraph 2 (B) is transferred from the Secretary of the 3 Army to the Secretary. 4 (B) DESCRIPTION OF LAND.—The land re- 5 ferred to in subparagraph (A) is the land gen- 6 erally depicted as ‘‘Transfer DOA to NPS (Na- 7 tional Park Service)’’ on the map titled ‘‘White 8 Sands National Monument (WHSA) & White 9 Sands Missile Range (WSMR) New Proposed 10 White Sands National Monument Boundary’’, 11 created April 20, 2018, comprising— 12 (i) approximately 2,826 acres of land 13 within the monument that is under the ju- 14 risdiction of the Secretary of the Army; 15 and 16 (ii) approximately 5,766 acres of land 17 within the missile range that is abutting 18 the monument. 19 (2) TRANSFER OF ADMINISTRATIVE JURISDIC- 20 TION TO THE SECRETARY OF THE ARMY.— 21 (A) IN GENERAL.—Administrative jurisdic- 22 tion over the land described in subparagraph 23 (B) is transferred from the Secretary to the 24 Secretary of the Army. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01425 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1426 HR 5515 PCS (B) DESCRIPTION OF LAND.—The land re- 1 ferred to in subparagraph (A) is the approxi- 2 mately 3,737 acres of land within the monu- 3 ment abutting the missile range, as generally 4 depicted on the map described in paragraph 5 (1)(B) as ‘‘Transfer NPS to DOA (Department 6 of the Army)’’. 7 (c) BOUNDARY MODIFICATIONS.— 8 (1) MONUMENT.— 9 (A) IN GENERAL.—Following transfers in 10 subsection (b), the boundary of the monument 11 is modified as generally depicted as ‘‘New Pro- 12 posed WHSA Boundary’’ on the map described 13 in subsection (b)(1)(B). 14 (B) MAP.— 15 (i) IN GENERAL.—The Secretary, in 16 coordination with the Secretary of the 17 Army, shall prepare and keep on file for 18 public inspection a map and legal descrip- 19 tion depicting the revised boundary of the 20 monument. 21 (ii) EFFECT.—The map and legal de- 22 scription shall have the same force and ef- 23 fect as if included in this Act, except that 24 the Secretary may correct clerical and ty- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01426 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1427 HR 5515 PCS pographical errors in the legal description 1 and map. 2 (2) MISSILE RANGE.—The Public Land Order 3 is modified to exclude the land transferred to the 4 Secretary under subsection (b)(1) and to include the 5 land transferred to the Secretary of the Army under 6 subsection (b)(1). 7 (3) CONFORMING AMENDMENT.—Section 2854 8 of Public Law 104–201 (54 U.S.C. 320301 note) is 9 repealed. 10 (d) ADMINISTRATION.— 11 (1) MONUMENT.—The Secretary shall admin- 12 ister the land transferred under subsection (b)(1) in 13 accordance with laws (including regulations) applica- 14 ble to the monument. 15 (2) MISSILE RANGE.—Subject to paragraph (3), 16 the Secretary of the Army shall administer the land 17 transferred to the Secretary of the Army under sub- 18 section (b)(2) as part of the missile range. 19 (3) FENCE.— 20 (A) IN GENERAL.—The Secretary of the 21 Army shall continue to allow the Secretary to 22 maintain the fence shown on the map described 23 in subsection (b)(1)(B) until such time as the 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01427 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1428 HR 5515 PCS Secretary determines that the fence is unneces- 1 sary for the management of the monument. 2 (B) REMOVAL.—If the Secretary deter- 3 mines that the fence is unnecessary for the 4 management of the monument under subpara- 5 graph (A), the Secretary shall promptly remove 6 the fence at the expense of the Department of 7 the Interior. 8 (4) MILITARY MUNITIONS AND MUNITIONS DE- 9 BRIS.— 10 (A) RESPONSE ACTION.—With respect to 11 any Federal liability, the Secretary of the Army 12 shall remain responsible for any response action 13 addressing military munitions or munitions de- 14 bris on the land transferred under subsection 15 (b)(1) to the same extent as on the day before 16 the date of enactment of this Act. 17 (B) ACCESS.—At the request of the Sec- 18 retary and subject to available appropriations, 19 the Secretary of the Army shall have access to 20 the land transferred under subsection (b)(1) for 21 the purposes of conducting investigations of 22 military munitions or munitions debris on the 23 transferred land. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01428 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1429 HR 5515 PCS (C) APPLICABLE LAW.—Any activities un- 1 dertaken under this subsection shall be carried 2 out in accordance with the Comprehensive En- 3 vironmental Response, Compensation, and Li- 4 ability Act of 1980 (42 U.S.C. 9601 et seq.). 5 DIVISION D—COAST GUARD 6 AUTHORIZATION ACT OF 2017 7 SEC. 4001. SHORT TITLE. 8 This division may be cited as the ‘‘Coast Guard Au- 9 thorization Act of 2017’’. 10 SEC. 4002. TABLE OF CONTENTS. 11 The table of contents for this division is the following: 12 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. VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01429 Fmt 6652 Sfmt 6211 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1430 HR 5515 PCS 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. 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. VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01430 Fmt 6652 Sfmt 6211 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1431 HR 5515 PCS 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. 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. VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01431 Fmt 6652 Sfmt 6211 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1432 HR 5515 PCS 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. TITLE XLI—REORGANIZATION 1 OF TITLE 14, UNITED STATES 2 CODE 3 SEC. 4101. INITIAL MATTER. 4 Title 14, United States Code, is amended by striking 5 the title designation, the title heading, and the table of 6 parts at the beginning and inserting the following: 7 ‘‘TITLE 14—COAST GUARD 8 ‘‘Subtitle Sec. ‘‘I. Establishment, Powers, Duties, and Administration .... 101 ‘‘II. Personnel ..................................................................................... 1901 ‘‘III. Coast Guard Reserve and Auxiliary ................................ 3701 ‘‘IV. Coast Guard Authorizations and Reports to Con- gress ............................................................................ 4901’’. VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01432 Fmt 6652 Sfmt 6211 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1433 HR 5515 PCS SEC. 4102. SUBTITLE I. 1 Part I of title 14, United States Code, is amended 2 by striking the part designation, the part heading, and the 3 table of chapters at the beginning and inserting the fol- 4 lowing: 5 ‘‘Subtitle I—Establishment, Powers, 6 Duties, and Administration 7 ‘‘Chap. Sec. ‘‘1. Establishment and Duties ....................................................... 101 ‘‘3. Composition and Organization ............................................. 301 ‘‘5. Functions and Powers ............................................................. 501 ‘‘7. Cooperation .................................................................................. 701 ‘‘9. Administration ............................................................................ 901 ‘‘11. Acquisitions ............................................................................... 1101’’. SEC. 4103. CHAPTER 1. 8 (a) INITIAL MATTER.—Chapter 1 of title 14, United 9 States Code, is amended by striking the chapter designa- 10 tion, the chapter heading, and the table of sections at the 11 beginning and inserting the following: 12 ‘‘CHAPTER 1—ESTABLISHMENT AND 13 DUTIES 14 ‘‘Sec. ‘‘101. Establishment of Coast Guard. ‘‘102. Primary duties. ‘‘103. Department in which the Coast Guard operates. ‘‘104. Removing restrictions. ‘‘105. Secretary defined.’’. (b) REDESIGNATIONS AND TRANSFERS.— 15 (1) REQUIREMENT.—The sections of title 14, 16 United States Code, identified in the table provided 17 in paragraph (2) are amended— 18 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01433 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1434 HR 5515 PCS (A) by redesignating the sections as de- 1 scribed in the table; and 2 (B) by transferring the sections, as nec- 3 essary, so that the sections appear after the 4 table of sections for chapter 1 of such title (as 5 added by subsection (a)), in the order in which 6 the sections are presented in the table. 7 (2) TABLE.—The table referred to in paragraph 8 (1) is the following: 9 Title 14 sec- tion number before redes- ignation Section heading (provided for identification purposes only-not amended) Title 14 sec- tion number after redes- ignation 1 Establishment of Coast Guard 101 2 Primary duties 102 3 Department in which the Coast Guard operates 103 652 Removing restrictions 104 4 Secretary defined 105 SEC. 4104. CHAPTER 3. 10 (a) INITIAL MATTER.—Chapter 3 of title 14, United 11 States Code, is amended by striking the chapter designa- 12 tion, the chapter heading, and the table of sections at the 13 beginning and inserting the following: 14 ‘‘CHAPTER 3—COMPOSITION AND 15 ORGANIZATION 16 ‘‘Sec. ‘‘301. Grades and ratings. ‘‘302. Commandant; appointment. ‘‘303. Retirement of Commandant. VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01434 Fmt 6652 Sfmt 6211 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1435 HR 5515 PCS ‘‘304. Vice Commandant; appointment. ‘‘305. Vice admirals. ‘‘306. Retirement. ‘‘307. Vice admirals and admiral, continuity of grade. ‘‘308. Chief Acquisition Officer. ‘‘309. Office of the Coast Guard Reserve; Director. ‘‘310. Chief of Staff to President: appointment. ‘‘311. Captains of the port. ‘‘312. Prevention and response workforces. ‘‘313. Centers of expertise for Coast Guard prevention and response. ‘‘314. Marine industry training program. ‘‘315. Training course on workings of Congress. ‘‘316. National Coast Guard Museum. ‘‘317. United States Coast Guard Band; composition; director. ‘‘318. Environmental Compliance and Restoration Program.’’. (b) REDESIGNATIONS AND TRANSFERS.— 1 (1) REQUIREMENT.—The sections of title 14, 2 United States Code, identified in the table provided 3 in paragraph (2) are amended— 4 (A) by redesignating the sections as de- 5 scribed in the table; and 6 (B) by transferring the sections, as nec- 7 essary, so that the sections appear after the 8 table of sections for chapter 3 of such title (as 9 added by subsection (a)), in the order in which 10 the sections are presented in the table. 11 (2) TABLE.—The table referred to in paragraph 12 (1) is the following: 13 Title 14 sec- tion number before redes- ignation Section heading (provided for identification purposes only-not amended) Title 14 sec- tion number after redes- ignation 41 Grades and ratings 301 44 Commandant; appointment 302 46 Retirement of Commandant 303 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01435 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1436 HR 5515 PCS Title 14 sec- tion number before redes- ignation Section heading (provided for identification purposes only-not amended) Title 14 sec- tion number after redes- ignation 47 Vice Commandant; appointment 304 50 Vice admirals 305 51 Retirement 306 52 Vice admirals and admiral, continuity of grade 307 56 Chief Acquisition Officer 308 53 Office of the Coast Guard Reserve; Director 309 54 Chief of Staff to President: appointment 310 57 Prevention and response workforces 312 58 Centers of expertise for Coast Guard prevention and response 313 59 Marine industry training program 314 60 Training course on workings of Congress 315 98 National Coast Guard Museum 316 336 United States Coast Guard Band; composition; director 317 (c) ADDITIONAL CHANGES.— 1 (1) IN GENERAL.—Chapter 3 of title 14, United 2 States Code, is further amended— 3 (A) by inserting after section 310 (as so 4 redesignated and transferred under subsection 5 (b)) the following: 6 ‘‘§ 311. Captains of the port 7 ‘‘Any officer, including any petty officer, may be des- 8 ignated by the Commandant as captain of the port or 9 ports or adjacent high seas or waters over which the 10 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01436 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1437 HR 5515 PCS United States has jurisdiction, as the Commandant deems 1 necessary to facilitate execution of Coast Guard duties.’’; 2 and 3 (B) by inserting after section 317 (as so 4 redesignated and transferred under subsection 5 (b)) the following: 6 ‘‘§ 318. Environmental Compliance and Restoration 7 Program 8 ‘‘(a) DEFINITIONS.—For the purposes of this sec- 9 tion— 10 ‘‘(1) ‘environment’, ‘facility’, ‘person’, ‘release’, 11 ‘removal’, ‘remedial’, and ‘response’ have the same 12 meaning they have in section 101 of the Comprehen- 13 sive Environmental Response, Compensation, and 14 Liability Act (42 U.S.C. 9601); 15 ‘‘(2) ‘hazardous substance’ has the same mean- 16 ing it has in section 101 of the Comprehensive Envi- 17 ronmental Response, Compensation, and Liability 18 Act (42 U.S.C. 9601), except that it also includes 19 the meaning given ‘oil’ in section 311 of the Federal 20 Water Pollution Control Act (33 U.S.C. 1321); and 21 ‘‘(3) ‘pollutant’ has the same meaning it has in 22 section 502 of the Federal Water Pollution Control 23 Act (33 U.S.C. 1362). 24 ‘‘(b) PROGRAM.— 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01437 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1438 HR 5515 PCS ‘‘(1) The Secretary shall carry out a program 1 of environmental compliance and restoration at cur- 2 rent and former Coast Guard facilities. 3 ‘‘(2) Program goals include: 4 ‘‘(A) Identifying, investigating, and clean- 5 ing up contamination from hazardous sub- 6 stances and pollutants. 7 ‘‘(B) Correcting other environmental dam- 8 age that poses an imminent and substantial 9 danger to the public health or welfare or to the 10 environment. 11 ‘‘(C) Demolishing and removing unsafe 12 buildings and structures, including buildings 13 and structures at former Coast Guard facilities. 14 ‘‘(D) Preventing contamination from haz- 15 ardous substances and pollutants at current 16 Coast Guard facilities. 17 ‘‘(3)(A) The Secretary shall respond to releases 18 of hazardous substances and pollutants— 19 ‘‘(i) at each Coast Guard facility the 20 United States owns, leases, or otherwise pos- 21 sesses; 22 ‘‘(ii) at each Coast Guard facility the 23 United States owned, leased, or otherwise pos- 24 sessed when the actions leading to contamina- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01438 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1439 HR 5515 PCS tion from hazardous substances or pollutants 1 occurred; and 2 ‘‘(iii) on each vessel the Coast Guard owns 3 or operates. 4 ‘‘(B) Subparagraph (A) of this paragraph does 5 not apply to a removal or remedial action when a po- 6 tentially responsible person responds under section 7 122 of the Comprehensive Environmental Response, 8 Compensation, and Liability Act (42 U.S.C. 9622). 9 ‘‘(C) The Secretary shall pay a fee or charge 10 imposed by a State authority for permit services for 11 disposing of hazardous substances or pollutants from 12 Coast Guard facilities to the same extent that non- 13 governmental entities are required to pay for permit 14 services. This subparagraph does not apply to a pay- 15 ment that is the responsibility of a lessee, con- 16 tractor, or other private person. 17 ‘‘(4) The Secretary may agree with another 18 Federal agency for that agency to assist in carrying 19 out the Secretary’s responsibilities under this sec- 20 tion. The Secretary may enter into contracts, coop- 21 erative agreements, and grant agreements with State 22 and local governments to assist in carrying out the 23 Secretary’s responsibilities under this section. Serv- 24 ices that may be obtained under this paragraph in- 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01439 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1440 HR 5515 PCS clude identifying, investigating, and cleaning up off- 1 site contamination that may have resulted from the 2 release of a hazardous substance or pollutant at a 3 Coast Guard facility. 4 ‘‘(5) Section 119 of the Comprehensive Envi- 5 ronmental Response, Compensation, and Liability 6 Act (42 U.S.C. 9619) applies to response action con- 7 tractors that carry out response actions under this 8 section. The Coast Guard shall indemnify response 9 action contractors to the extent that adequate insur- 10 ance is not generally available at a fair price at the 11 time the contractor enters into the contract to cover 12 the contractor’s reasonable, potential, long-term li- 13 ability. 14 ‘‘(c) ENVIRONMENTAL COMPLIANCE AND RESTORA- 15 TION ACCOUNT.— 16 ‘‘(1) There is established for the Coast Guard 17 an account known as the Coast Guard Environ- 18 mental Compliance and Restoration Account. All 19 sums appropriated to carry out the Coast Guard’s 20 environmental compliance and restoration functions 21 under this section or another law shall be credited 22 or transferred to the account and remain available 23 until expended. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01440 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1441 HR 5515 PCS ‘‘(2) Funds may be obligated or expended from 1 the account to carry out the Coast Guard’s environ- 2 mental compliance and restoration functions under 3 this section or another law. 4 ‘‘(3) In proposing the budget for any fiscal year 5 under section 1105 of title 31, the President shall 6 set forth separately the amount requested for the 7 Coast Guard’s environmental compliance and res- 8 toration activities under this section or another law. 9 ‘‘(4) Amounts recovered under section 107 of 10 the Comprehensive Environmental Response, Com- 11 pensation, and Liability Act (42 U.S.C. 9607) for 12 the Secretary’s response actions at current and 13 former Coast Guard facilities shall be credited to the 14 account. 15 ‘‘(d) ANNUAL LIST OF PROJECTS TO CONGRESS.— 16 The Commandant of the Coast Guard shall submit to the 17 Committee on Transportation and Infrastructure of the 18 House of Representatives and the Committee on Com- 19 merce, Science, and Transportation of the Senate a 20 prioritized list of projects eligible for environmental com- 21 pliance and restoration funding for each fiscal year con- 22 current with the President’s budget submission for that 23 fiscal year.’’. 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01441 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1442 HR 5515 PCS (2) CONFORMING REPEALS.—Sections 634, 1 690, 691, 692, and 693 of title 14, United States 2 Code, are repealed. 3 SEC. 4105. CHAPTER 5. 4 (a) INITIAL MATTER.—Chapter 5 of title 14, United 5 States Code, is amended by striking the chapter designa- 6 tion, the chapter heading, and the table of sections at the 7 beginning and inserting the following: 8 ‘‘CHAPTER 5—FUNCTIONS AND POWERS 9 ‘‘SUBCHAPTER I—GENERAL POWERS ‘‘Sec. ‘‘501. Secretary; general powers. ‘‘502. Delegation of powers by the Secretary. ‘‘503. Regulations. ‘‘504. Commandant; general powers. ‘‘505. Functions and powers vested in the Commandant. ‘‘506. Prospective payment of funds necessary to provide medical care. ‘‘507. Appointment of judges. ‘‘SUBCHAPTER II—LIFE SAVING AND LAW ENFORCEMENT AUTHORITIES ‘‘521. Saving life and property. ‘‘522. Law enforcement. ‘‘523. Enforcement authority. ‘‘524. Enforcement of coastwise trade laws. ‘‘525. Special agents of the Coast Guard Investigative Service law enforcement authority. ‘‘526. Stopping vessels; indemnity for firing at or into vessel. ‘‘527. Safety of naval vessels. ‘‘SUBCHAPTER III—AIDS TO NAVIGATION ‘‘541. Aids to navigation authorized. ‘‘542. Unauthorized aids to maritime navigation; penalty. ‘‘543. Interference with aids to navigation; penalty. ‘‘544. Aids to maritime navigation; penalty. ‘‘545. Marking of obstructions. ‘‘546. Deposit of damage payments. ‘‘547. Rewards for apprehension of persons interfering with aids to navigation. ‘‘SUBCHAPTER IV—MISCELLANEOUS ‘‘561. Icebreaking in polar regions. ‘‘562. Appeals and waivers. ‘‘563. Notification of certain determinations.’’. VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01442 Fmt 6652 Sfmt 6211 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1443 HR 5515 PCS (b) REDESIGNATIONS AND TRANSFERS.— 1 (1) REQUIREMENT.—The sections of title 14, 2 United States Code, identified in the table provided 3 in paragraph (2) are amended— 4 (A) by redesignating the sections as de- 5 scribed in the table; and 6 (B) by transferring the sections, as nec- 7 essary, so that the sections appear after the 8 table of sections for chapter 5 of such title (as 9 added by subsection (a)), in the order in which 10 the sections are presented in the table. 11 (2) TABLE.—The table referred to in paragraph 12 (1) is the following: 13 Title 14 sec- tion number before redes- ignation Section heading (provided for identification purposes only-not amended) Title 14 sec- tion number after redes- ignation 92 Secretary; general powers 501 631 Delegation of powers by the Secretary 502 633 Regulations 503 93 Commandant; general powers 504 632 Functions and powers vested in the Com- mandant 505 520 Prospective payment of funds necessary to pro- vide medical care 506 153 Appointment of judges 507 88 Saving life and property 521 89 Law enforcement 522 99 Enforcement authority 523 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01443 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1444 HR 5515 PCS Title 14 sec- tion number before redes- ignation Section heading (provided for identification purposes only-not amended) Title 14 sec- tion number after redes- ignation 100 Enforcement of coastwise trade laws 524 95 Special agents of the Coast Guard Investigative Service law enforcement authority 525 637 Stopping vessels; indemnity for firing at or into vessel 526 91 Safety of naval vessels 527 81 Aids to navigation authorized 541 83 Unauthorized aids to maritime navigation; pen- alty 542 84 Interference with aids to navigation; penalty 543 85 Aids to maritime navigation; penalty 544 86 Marking of obstructions 545 642 Deposit of damage payments 546 643 Rewards for apprehension of persons inter- fering with aids to navigation 547 87 Icebreaking in polar regions 561 101 Appeals and waivers 562 103 Notification of certain determinations 563 (c) ADDITIONAL CHANGES.—Chapter 5 of title 14, 1 United States Code, is further amended— 2 (1) by inserting before section 501 (as so redes- 3 ignated and transferred under subsection (b)) the 4 following: 5 ‘‘SUBCHAPTER I—GENERAL POWERS’’; 6 (2) by inserting before section 521 (as so redes- 7 ignated and transferred under subsection (b)) the 8 following: 9 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01444 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1445 HR 5515 PCS ‘‘SUBCHAPTER II—LIFE SAVING AND LAW 1 ENFORCEMENT AUTHORITIES’’; 2 (3) by inserting before section 541 (as so redes- 3 ignated and transferred under subsection (b)) the 4 following: 5 ‘‘SUBCHAPTER III—AIDS TO NAVIGATION’’; 6 and 7 (4) by inserting before section 561 (as so redes- 8 ignated and transferred under subsection (b)) the 9 following: 10 ‘‘SUBCHAPTER IV—MISCELLANEOUS’’. 11 SEC. 4106. CHAPTER 7. 12 (a) INITIAL MATTER.—Chapter 7 of title 14, United 13 States Code, is amended by striking the chapter designa- 14 tion, the chapter heading, and the table of sections at the 15 beginning and inserting the following: 16 ‘‘CHAPTER 7—COOPERATION 17 ‘‘Sec. ‘‘701. Cooperation with other agencies, States, territories, and political subdivi- sions. ‘‘702. State Department. ‘‘703. Treasury Department. ‘‘704. Department of the Army and Department of the Air Force. ‘‘705. Navy Department. ‘‘706. United States Postal Service. ‘‘707. Department of Commerce. ‘‘708. Department of Health and Human Services. ‘‘709. Maritime instruction. ‘‘710. Assistance to foreign governments and maritime authorities. ‘‘711. Coast Guard officers as attache´s to missions. ‘‘712. Contracts with Government-owned establishments for work and material. ‘‘713. Nonappropriated fund instrumentalities: contracts with other agencies and instrumentalities to provide or obtain goods and services. ‘‘714. Arctic maritime domain awareness. ‘‘715. Oceanographic research. VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01445 Fmt 6652 Sfmt 6211 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1446 HR 5515 PCS ‘‘716. Arctic maritime transportation. ‘‘717. Agreements.’’. (b) REDESIGNATIONS AND TRANSFERS.— 1 (1) REQUIREMENT.—The sections of title 14, 2 United States Code, identified in the table provided 3 in paragraph (2) are amended— 4 (A) by redesignating the sections as de- 5 scribed in the table; and 6 (B) by transferring the sections, as nec- 7 essary, so that the sections appear after the 8 table of sections for chapter 7 of such title (as 9 added by subsection (a)), in the order in which 10 the sections are presented in the table. 11 (2) TABLE.—The table referred to in paragraph 12 (1) is the following: 13 Title 14 sec- tion number before redes- ignation Section heading (provided for identification purposes only-not amended) Title 14 sec- tion number after redes- ignation 141 Cooperation with other agencies, States, terri- tories, and political subdivisions 701 142 State Department 702 143 Treasury Department 703 144 Department of the Army and Department of the Air Force 704 145 Navy Department 705 146 United States Postal Service 706 147 Department of Commerce 707 147a Department of Health and Human Services 708 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01446 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1447 HR 5515 PCS Title 14 sec- tion number before redes- ignation Section heading (provided for identification purposes only-not amended) Title 14 sec- tion number after redes- ignation 148 Maritime instruction 709 149 Assistance to foreign governments and mari- time authorities 710 150 Coast Guard officers as attache´s to missions 711 151 Contracts with Government-owned establish- ments for work and material 712 152 Nonappropriated fund instrumentalities: con- tracts with other agencies and instrumentalities to provide or obtain goods and services 713 154 Arctic maritime domain awareness 714 94 Oceanographic research 715 90 Arctic maritime transportation 716 102 Agreements 717 SEC. 4107. CHAPTER 9. 1 (a) INITIAL MATTER.—Chapter 9 of title 14, United 2 States Code, is amended by striking the chapter designa- 3 tion, the chapter heading, and the table of sections at the 4 beginning and inserting the following: 5 ‘‘CHAPTER 9—ADMINISTRATION 6 ‘‘SUBCHAPTER I—REAL AND PERSONAL PROPERTY ‘‘Sec. ‘‘901. Disposal of certain material. ‘‘902. Employment of draftsmen and engineers. ‘‘903. Use of certain appropriated funds. ‘‘904. Local hire. ‘‘905. Procurement authority for family housing. ‘‘906. Air Station Cape Cod Improvements. ‘‘907. Long-term lease of special purpose facilities. ‘‘908. Long-term lease authority for lighthouse property. ‘‘909. Small boat station rescue capability. ‘‘910. Small boat station closures. ‘‘911. Search and rescue center standards. ‘‘912. Air facility closures. VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01447 Fmt 6652 Sfmt 6211 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1448 HR 5515 PCS ‘‘913. Turnkey selection procedures. ‘‘914. Disposition of infrastructure related to E–LORAN. ‘‘SUBCHAPTER II—MISCELLANEOUS ‘‘931. Oaths required for boards. ‘‘932. Administration of oaths. ‘‘933. Coast Guard ensigns and pennants. ‘‘934. Penalty for unauthorized use of words ‘Coast Guard’. ‘‘935. Coast Guard band recordings for commercial sale. ‘‘936. Confidentiality of medical quality assurance records; qualified immunity for participants. ‘‘937. Admiralty claims against the United States. ‘‘938. Claims for damage to property of the United States. ‘‘939. Accounting for industrial work. ‘‘940. Supplies and equipment from stock. ‘‘941. Coast Guard Supply Fund. ‘‘942. Public and commercial vessels and other watercraft; sale of fuel, supplies, and services. ‘‘943. Arms and ammunition; immunity from taxation. ‘‘944. Confidential investigative expenses. ‘‘945. Assistance to film producers. ‘‘946. User fees. ‘‘947. Vessel construction bonding requirements. ‘‘948. Contracts for medical care for retirees, dependents, and survivors: alter- native delivery of health care. ‘‘949. Telephone installation and charges. ‘‘950. Designation, powers, and accountability of deputy disbursing officials. ‘‘951. Aircraft accident investigations.’’. (b) REDESIGNATIONS AND TRANSFERS.— 1 (1) REQUIREMENT.—The sections of title 14, 2 United States Code, identified in the table provided 3 in paragraph (2) are amended— 4 (A) by redesignating the sections as de- 5 scribed in the table; and 6 (B) by transferring the sections, as nec- 7 essary, so that the sections appear after the 8 table of sections for chapter 9 of such title (as 9 added by subsection (a)), in the order in which 10 the sections are presented in the table. 11 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01448 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1449 HR 5515 PCS (2) TABLE.—The table referred to in paragraph 1 (1) is the following: 2 Title 14 sec- tion number before redes- ignation Section heading (provided for identification purposes only-not amended) Title 14 sec- tion number after redes- ignation 641 Disposal of certain material 901 653 Employment of draftsmen and engineers 902 656 Use of certain appropriated funds 903 666 Local hire 904 670 Procurement authority for family housing 905 671 Air Station Cape Cod Improvements 906 672 Long-term lease of special purpose facilities 907 672a Long-term lease authority for lighthouse prop- erty 908 674 Small boat station rescue capability 909 675 Small boat station closures 910 676 Search and rescue center standards 911 676a Air facility closures 912 677 Turnkey selection procedures 913 681 Disposition of infrastructure related to E– LORAN 914 635 Oaths required for boards 931 636 Administration of oaths 932 638 Coast Guard ensigns and pennants 933 639 Penalty for unauthorized use of words ‘‘Coast Guard’’ 934 640 Coast Guard band recordings for commercial sale 935 645 Confidentiality of medical quality assurance records; qualified immunity for participants 936 646 Admiralty claims against the United States 937 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01449 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1450 HR 5515 PCS Title 14 sec- tion number before redes- ignation Section heading (provided for identification purposes only-not amended) Title 14 sec- tion number after redes- ignation 647 Claims for damage to property of the United States 938 648 Accounting for industrial work 939 649 Supplies and equipment from stock 940 650 Coast Guard Supply Fund 941 654 Public and commercial vessels and other watercraft; sale of fuel, supplies, and services 942 655 Arms and ammunition; immunity from taxation 943 658 Confidential investigative expenses 944 659 Assistance to film producers 945 664 User fees 946 667 Vessel construction bonding requirements 947 668 Contracts for medical care for retirees, depend- ents, and survivors: alternative delivery of health care 948 669 Telephone installation and charges 949 673 Designation, powers, and accountability of dep- uty disbursing officials 950 678 Aircraft accident investigations 951 (c) ADDITIONAL CHANGES.—Chapter 9 of title 14, 1 United States Code, is further amended— 2 (1) by inserting before section 901 (as so redes- 3 ignated and transferred under subsection (b)) the 4 following: 5 ‘‘SUBCHAPTER I—REAL AND PERSONAL 6 PROPERTY’’; 7 and 8 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01450 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1451 HR 5515 PCS (2) by inserting before section 931 (as so redes- 1 ignated and transferred under subsection (b)) the 2 following: 3 ‘‘SUBCHAPTER II—MISCELLANEOUS’’. 4 SEC. 4108. CHAPTER 11. 5 (a) INITIAL MATTER.—Chapter 11 of title 14, United 6 States Code, is amended by striking the chapter designa- 7 tion, the chapter heading, and the table of sections at the 8 beginning and inserting the following: 9 ‘‘CHAPTER 11—ACQUISITIONS 10 ‘‘SUBCHAPTER I—GENERAL PROVISIONS ‘‘Sec. ‘‘1101. Acquisition directorate. ‘‘1102. Improvements in Coast Guard acquisition management. ‘‘1103. Role of Vice Commandant in major acquisition programs. ‘‘1104. Recognition of Coast Guard personnel for excellence in acquisition. ‘‘1105. Prohibition on use of lead systems integrators. ‘‘1106. Required contract terms. ‘‘1107. Extension of major acquisition program contracts. ‘‘1108. Department of Defense consultation. ‘‘1109. Undefinitized contractual actions. ‘‘1110. Guidance on excessive pass-through charges. ‘‘1111. Mission need statement. ‘‘SUBCHAPTER II—IMPROVED ACQUISITION PROCESS AND PROCEDURES ‘‘1131. Identification of major system acquisitions. ‘‘1132. Acquisition. ‘‘1133. Preliminary development and demonstration. ‘‘1134. Acquisition, production, deployment, and support. ‘‘1135. Acquisition program baseline breach. ‘‘1136. Acquisition approval authority. ‘‘SUBCHAPTER III—PROCUREMENT ‘‘1151. Restriction on construction of vessels in foreign shipyards. ‘‘1152. Advance procurement funding. ‘‘1153. Prohibition on overhaul, repair, and maintenance of Coast Guard vessels in foreign shipyards. ‘‘1154. Procurement of buoy chain. ‘‘SUBCHAPTER IV—DEFINITIONS ‘‘1171. Definitions.’’. VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01451 Fmt 6652 Sfmt 6211 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1452 HR 5515 PCS (b) REDESIGNATIONS AND TRANSFERS.— 1 (1) REQUIREMENT.—The sections of title 14, 2 United States Code, identified in the table provided 3 in paragraph (2) are amended— 4 (A) by redesignating the sections as de- 5 scribed in the table; and 6 (B) by transferring the sections, as nec- 7 essary, so that the sections appear after the 8 table of sections for chapter 11 of such title (as 9 added by subsection (a)), in the order in which 10 the sections are presented in the table. 11 (2) TABLE.—The table referred to in paragraph 12 (1) is the following: 13 Title 14 sec- tion number before redes- ignation Section heading (provided for identification purposes only-not amended) Title 14 sec- tion number after redes- ignation 561 Acquisition directorate 1101 562 Improvements in Coast Guard acquisition man- agement 1102 578 Role of Vice Commandant in major acquisition programs 1103 563 Recognition of Coast Guard personnel for excel- lence in acquisition 1104 564 Prohibition on use of lead systems integrators 1105 565 Required contract terms 1106 579 Extension of major acquisition program con- tracts 1107 566 Department of Defense consultation 1108 567 Undefinitized contractual actions 1109 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01452 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1453 HR 5515 PCS Title 14 sec- tion number before redes- ignation Section heading (provided for identification purposes only-not amended) Title 14 sec- tion number after redes- ignation 568 Guidance on excessive pass-through charges 1110 569 Mission need statement 1111 571 Identification of major system acquisitions 1131 572 Acquisition 1132 573 Preliminary development and demonstration 1133 574 Acquisition, production, deployment, and sup- port 1134 575 Acquisition program baseline breach 1135 576 Acquisition approval authority 1136 665 Restriction on construction of vessels in foreign shipyards 1151 577 Advance procurement funding 1152 96 Prohibition on overhaul, repair, and mainte- nance of Coast Guard vessels in foreign ship- yards 1153 97 Procurement of buoy chain 1154 581 Definitions 1171 (c) ADDITIONAL CHANGES.—Chapter 11 of title 14, 1 United States Code, is further amended— 2 (1) by striking all subdivision designations and 3 headings in such chapter, except for— 4 (A) the chapter designation and heading 5 added by subsection (a); 6 (B) the subchapter designations and head- 7 ings added by this subsection; and 8 (C) any designation or heading of a section 9 or a subdivision of a section; 10 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01453 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1454 HR 5515 PCS (2) by inserting before section 1101 (as so re- 1 designated and transferred under subsection (b)) the 2 following: 3 ‘‘SUBCHAPTER I—GENERAL PROVISIONS’’; 4 (3) by inserting before section 1131 (as so re- 5 designated and transferred under subsection (b)) the 6 following: 7 ‘‘SUBCHAPTER II—IMPROVED ACQUISITION 8 PROCESS AND PROCEDURES’’; 9 (4) by inserting before section 1151 (as so re- 10 designated and transferred under subsection (b)) the 11 following: 12 ‘‘SUBCHAPTER III—PROCUREMENT’’; 13 and 14 (5) by inserting before section 1171 (as so re- 15 designated and transferred under subsection (b)) the 16 following: 17 ‘‘SUBCHAPTER IV—DEFINITIONS’’. 18 SEC. 4109. SUBTITLE II. 19 (a) INITIAL MATTER.—Title 14, United States Code, 20 is further amended by inserting after chapter 11 (as 21 amended by section 4108 of this title) the following: 22 ‘‘Subtitle II—Personnel 23 ‘‘Chap. Sec. ‘‘19. Coast Guard Academy ............................................................ 1901 ‘‘21. Personnel; Officers .................................................................. 2101 ‘‘23. Personnel; Enlisted ................................................................. 2301 ‘‘25. Personnel; General Provisions ........................................... 2501 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01454 Fmt 6652 Sfmt 6211 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1455 HR 5515 PCS ‘‘27. Pay, Allowances, Awards, and Other Rights and Benefits ...................................................................... 2701 ‘‘29. Coast Guard Family Support, Child Care, and Hous- ing ................................................................................ 2901’’. (b) RESERVED CHAPTER NUMBERS.— 1 (1) CHAPTER 13.—Chapter 13 of title 14, 2 United States Code, is amended by striking the 3 chapter designation, the chapter heading, and the 4 table of sections at the beginning. 5 (2) CHAPTER 14.—Chapter 14 of title 14, 6 United States Code, is amended— 7 (A) by striking the chapter designation, 8 the chapter heading, and the table of sections 9 at the beginning; and 10 (B) by striking the subchapter designation 11 and the subchapter heading for each of the sub- 12 chapters of such chapter. 13 (3) CHAPTER 15.—Chapter 15 of title 14, 14 United States Code, is amended— 15 (A) by striking the chapter designation, 16 the chapter heading, and the table of sections 17 at the beginning; and 18 (B) by striking the subchapter designation 19 and the subchapter heading for each of the sub- 20 chapters of such chapter. 21 (4) CHAPTER 17.—Chapter 17 of title 14, 22 United States Code, is amended by striking the 23 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01455 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1456 HR 5515 PCS chapter designation, the chapter heading, and the 1 table of sections at the beginning. 2 (5) CHAPTER 18.—Chapter 18 of title 14, 3 United States Code, is amended by striking the 4 chapter designation, the chapter heading, and the 5 table of sections at the beginning. 6 SEC. 4110. CHAPTER 19. 7 (a) INITIAL MATTER.—Chapter 19 of title 14, United 8 States Code, is amended by striking the chapter designa- 9 tion, the chapter heading, and the table of sections at the 10 beginning and inserting the following: 11 ‘‘CHAPTER 19—COAST GUARD ACADEMY 12 ‘‘SUBCHAPTER I—ADMINISTRATION ‘‘Sec. ‘‘1901. Administration of Academy. ‘‘1902. Policy on sexual harassment and sexual violence. ‘‘1903. Annual Board of Visitors. ‘‘1904. Participation in Federal, State, or other educational research grants. ‘‘SUBCHAPTER II—CADETS ‘‘1921. Corps of Cadets authorized strength. ‘‘1922. Appointments. ‘‘1923. Admission of foreign nationals for instruction; restrictions; conditions. ‘‘1924. Conduct. ‘‘1925. Agreement. ‘‘1926. Cadet applicants; preappointment travel to Academy. ‘‘1927. Cadets; initial clothing allowance. ‘‘1928. Cadets; degree of bachelor of science. ‘‘1929. Cadets; appointment as ensign. ‘‘1930. Cadets: charges and fees for attendance; limitation. ‘‘SUBCHAPTER III—FACULTY ‘‘1941. Civilian teaching staff. ‘‘1942. Permanent commissioned teaching staff; composition. ‘‘1943. Appointment of permanent commissioned teaching staff. ‘‘1944. Grade of permanent commissioned teaching staff. ‘‘1945. Retirement of permanent commissioned teaching staff. ‘‘1946. Credit for service as member of civilian teaching staff. VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01456 Fmt 6652 Sfmt 6211 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1457 HR 5515 PCS ‘‘1947. Assignment of personnel as instructors. ‘‘1948. Marine safety curriculum.’’. (b) REDESIGNATIONS AND TRANSFERS.— 1 (1) REQUIREMENT.—The sections of title 14, 2 United States Code, identified in the table provided 3 in paragraph (2) are amended— 4 (A) by redesignating the sections as de- 5 scribed in the table; and 6 (B) by transferring the sections, as nec- 7 essary, so that the sections appear after the 8 table of sections for chapter 19 of such title (as 9 added by subsection (a)), in the order in which 10 the sections are presented in the table. 11 (2) TABLE.—The table referred to in paragraph 12 (1) is the following: 13 Title 14 sec- tion number before redes- ignation Section heading (provided for identification purposes only-not amended) Title 14 sec- tion number after redes- ignation 181 Administration of Academy 1901 200 Policy on sexual harassment and sexual vio- lence 1902 194 Annual Board of Visitors 1903 196 Participation in Federal, State, or other edu- cational research grants 1904 195 Admission of foreign nationals for instruction; restrictions; conditions 1923 181a Cadet applicants; preappointment travel to Academy 1926 183 Cadets; initial clothing allowance 1927 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01457 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1458 HR 5515 PCS Title 14 sec- tion number before redes- ignation Section heading (provided for identification purposes only-not amended) Title 14 sec- tion number after redes- ignation 184 Cadets; degree of bachelor of science 1928 185 Cadets; appointment as ensign 1929 197 Cadets: charges and fees for attendance; limita- tion 1930 186 Civilian teaching staff 1941 187 Permanent commissioned teaching staff; com- position 1942 188 Appointment of permanent commissioned teaching staff 1943 189 Grade of permanent commissioned teaching staff 1944 190 Retirement of permanent commissioned teach- ing staff 1945 191 Credit for service as member of civilian teach- ing staff 1946 192 Assignment of personnel as instructors 1947 199 Marine safety curriculum 1948 (c) ADDITIONAL CHANGES.— 1 (1) IN GENERAL.—Chapter 19 of title 14, 2 United States Code, is further amended— 3 (A) by inserting before section 1901 (as so 4 redesignated and transferred under subsection 5 (b)) the following: 6 ‘‘SUBCHAPTER I—ADMINISTRATION’’; 7 (B) by inserting before section 1923 (as so 8 redesignated and transferred under subsection 9 (b)) the following: 10 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01458 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1459 HR 5515 PCS ‘‘SUBCHAPTER II—CADETS 1 ‘‘§ 1921. Corps of Cadets authorized strength 2 ‘‘The number of cadets appointed annually to the 3 Academy shall be as determined by the Secretary but the 4 number appointed in any one year shall not exceed six 5 hundred. 6 ‘‘§ 1922. Appointments 7 ‘‘Appointments to cadetships shall be made under 8 regulations prescribed by the Secretary, who shall deter- 9 mine age limits, methods of selection of applicants, term 10 of service as a cadet before graduation, and all other mat- 11 ters affecting such appointments. In the administration of 12 this section, the Secretary shall take such action as may 13 be necessary and appropriate to insure that female individ- 14 uals shall be eligible for appointment and admission to the 15 Coast Guard Academy, and that the relevant standards 16 required for appointment, admission, training, graduation, 17 and commissioning of female individuals shall be the same 18 as those required for male individuals, except for those 19 minimum essential adjustments in such standards re- 20 quired because of physiological differences between male 21 and female individuals.’’; 22 (C) by inserting before section 1926 (as so 23 redesignated and transferred under subsection 24 (b)) the following: 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01459 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1460 HR 5515 PCS ‘‘§ 1924. Conduct 1 ‘‘The Secretary may summarily dismiss from the 2 Coast Guard any cadet who, during his cadetship, is found 3 unsatisfactory in either studies or conduct, or may be 4 deemed not adapted for a career in the Coast Guard. Ca- 5 dets shall be subject to rules governing discipline pre- 6 scribed by the Commandant. 7 ‘‘§ 1925. Agreement 8 ‘‘(a) Each cadet shall sign an agreement with respect 9 to the cadet’s length of service in the Coast Guard. The 10 agreement shall provide that the cadet agrees to the fol- 11 lowing: 12 ‘‘(1) That the cadet will complete the course of 13 instruction at the Coast Guard Academy. 14 ‘‘(2) That upon graduation from the Coast 15 Guard Academy the cadet— 16 ‘‘(A) will accept an appointment, if ten- 17 dered, as a commissioned officer of the Coast 18 Guard; and 19 ‘‘(B) will serve on active duty for at least 20 five years immediately after such appointment. 21 ‘‘(3) That if an appointment described in para- 22 graph (2) is not tendered or if the cadet is permitted 23 to resign as a regular officer before the completion 24 of the commissioned service obligation of the cadet, 25 the cadet— 26 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01460 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1461 HR 5515 PCS ‘‘(A) will accept an appointment as a com- 1 missioned officer in the Coast Guard Reserve; 2 and 3 ‘‘(B) will remain in that reserve component 4 until completion of the commissioned service ob- 5 ligation of the cadet. 6 ‘‘(b)(1) The Secretary may transfer to the Coast 7 Guard Reserve, and may order to active duty for such pe- 8 riod of time as the Secretary prescribes (but not to exceed 9 four years), a cadet who breaches an agreement under 10 subsection (a). The period of time for which a cadet is 11 ordered to active duty under this paragraph may be deter- 12 mined without regard to section 651(a) of title 10. 13 ‘‘(2) A cadet who is transferred to the Coast Guard 14 Reserve under paragraph (1) shall be transferred in an 15 appropriate enlisted grade or rating, as determined by the 16 Secretary. 17 ‘‘(3) For the purposes of paragraph (1), a cadet shall 18 be considered to have breached an agreement under sub- 19 section (a) if the cadet is separated from the Coast Guard 20 Academy under circumstances which the Secretary deter- 21 mines constitute a breach by the cadet of the cadet’s 22 agreement to complete the course of instruction at the 23 Coast Guard Academy and accept an appointment as a 24 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01461 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1462 HR 5515 PCS commissioned officer upon graduation from the Coast 1 Guard Academy. 2 ‘‘(c) The Secretary shall prescribe regulations to 3 carry out this section. Those regulations shall include— 4 ‘‘(1) standards for determining what con- 5 stitutes, for the purpose of subsection (b), a breach 6 of an agreement under subsection (a); 7 ‘‘(2) procedures for determining whether such a 8 breach has occurred; and 9 ‘‘(3) standards for determining the period of 10 time for which a person may be ordered to serve on 11 active duty under subsection (b). 12 ‘‘(d) In this section, ‘commissioned service obliga- 13 tion’, with respect to an officer who is a graduate of the 14 Academy, means the period beginning on the date of the 15 officer’s appointment as a commissioned officer and end- 16 ing on the sixth anniversary of such appointment or, at 17 the discretion of the Secretary, any later date up to the 18 eighth anniversary of such appointment. 19 ‘‘(e)(1) This section does not apply to a cadet who 20 is not a citizen or national of the United States. 21 ‘‘(2) In the case of a cadet who is a minor and who 22 has parents or a guardian, the cadet may sign the agree- 23 ment required by subsection (a) only with the consent of 24 the parent or guardian. 25 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01462 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1463 HR 5515 PCS ‘‘(f) A cadet or former cadet who does not fulfill the 1 terms of the obligation to serve as specified under section 2 (a), or the alternative obligation imposed under subsection 3 (b), shall be subject to the repayment provisions of section 4 303a(e) of title 37.’’; and 5 (D) by inserting before section 1941 (as so 6 redesignated and transferred under subsection 7 (b)) the following: 8 ‘‘SUBCHAPTER III—FACULTY’’. 9 (2) CONFORMING REPEAL.—Section 182 of title 10 14, United States Code, is repealed. 11 SEC. 4111. PART II. 12 Part II of title 14, United States Code, is amended 13 by striking the part designation, the part heading, and the 14 table of chapters at the beginning. 15 SEC. 4112. CHAPTER 21. 16 (a) INITIAL MATTER.—Chapter 21 of title 14, United 17 States Code, is amended by striking the chapter designa- 18 tion, the chapter heading, and the table of sections at the 19 beginning and inserting the following: 20 ‘‘CHAPTER 21—PERSONNEL; OFFICERS 21 ‘‘SUBCHAPTER I—APPOINTMENT AND PROMOTION ‘‘Sec. ‘‘2101. Original appointment of permanent commissioned officers. ‘‘2102. Active duty promotion list. ‘‘2103. Number and distribution of commissioned officers on active duty pro- motion list. ‘‘2104. Appointment of temporary officers. ‘‘2105. Rank of warrant officers. VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01463 Fmt 6652 Sfmt 6211 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1464 HR 5515 PCS ‘‘2106. Selection boards; convening of boards. ‘‘2107. Selection boards; composition of boards. ‘‘2108. Selection boards; notice of convening; communication with board. ‘‘2109. Selection boards; oath of members. ‘‘2110. Number of officers to be selected for promotion. ‘‘2111. Promotion zones. ‘‘2112. Promotion year; defined. ‘‘2113. Eligibility of officers for consideration for promotion. ‘‘2114. United States Deputy Marshals in Alaska. ‘‘2115. Selection boards; information to be furnished boards. ‘‘2116. Officers to be recommended for promotion. ‘‘2117. Selection boards; reports. ‘‘2118. Selection boards; submission of reports. ‘‘2119. Failure of selection for promotion. ‘‘2120. Special selection boards; correction of errors. ‘‘2121. Promotions; appointments. ‘‘2122. Removal of officer from list of selectees for promotion. ‘‘2123. Promotions; acceptance; oath of office. ‘‘2124. Promotions; pay and allowances. ‘‘2125. Wartime temporary service promotions. ‘‘2126. Promotion of officers not included on active duty promotion list. ‘‘2127. Recall to active duty during war or national emergency. ‘‘2128. Recall to active duty with consent of officer. ‘‘2129. Aviation cadets; appointment as Reserve officers. ‘‘SUBCHAPTER II—DISCHARGES; RETIREMENTS; REVOCATION OF COMMISSIONS; SEPARATION FOR CAUSE ‘‘2141. Revocation of commissions during first five years of commissioned serv- ice. ‘‘2142. Regular lieutenants (junior grade); separation for failure of selection for promotion. ‘‘2143. Regular lieutenants; separation for failure of selection for promotion; continuation. ‘‘2144. Regular Coast Guard; officers serving under temporary appointments. ‘‘2145. Regular lieutenant commanders and commanders; retirement for failure of selection for promotion. ‘‘2146. Discharge in lieu of retirement; separation pay. ‘‘2147. Regular warrant officers: separation pay. ‘‘2148. Separation for failure of selection for promotion or continuation; time of. ‘‘2149. Regular captains; retirement. ‘‘2150. Captains; continuation on active duty; involuntary retirement. ‘‘2151. Rear admirals and rear admirals (lower half); continuation on active duty; involuntary retirement. ‘‘2152. Voluntary retirement after twenty years’ service. ‘‘2153. Voluntary retirement after thirty years’ service. ‘‘2154. Compulsory retirement. ‘‘2155. Retirement for physical disability after selection for promotion; grade in which retired. ‘‘2156. Deferment of retirement or separation for medical reasons. ‘‘2157. Flag officers. ‘‘2158. Review of records of officers. ‘‘2159. Boards of inquiry. ‘‘2160. Boards of review. VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01464 Fmt 6652 Sfmt 6211 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1465 HR 5515 PCS ‘‘2161. Composition of boards. ‘‘2162. Rights and procedures. ‘‘2163. Removal of officer from active duty; action by Secretary. ‘‘2164. Officers considered for removal; retirement or discharge; separation ben- efits. ‘‘2165. Relief of retired officer promoted while on active duty. ‘‘SUBCHAPTER III—GENERAL PROVISIONS ‘‘2181. Physical fitness of officers. ‘‘2182. Multirater assessment of certain personnel.’’. (b) REDESIGNATIONS AND TRANSFERS.— 1 (1) REQUIREMENT.—The sections of title 14, 2 United States Code, identified in the table provided 3 in paragraph (2) are amended— 4 (A) by redesignating the sections as de- 5 scribed in the table; and 6 (B) by transferring the sections, as nec- 7 essary, so that the sections appear after the 8 table of sections for chapter 21 of such title (as 9 added by subsection (a)), in the order in which 10 the sections are presented in the table. 11 (2) TABLE.—The table referred to in paragraph 12 (1) is the following: 13 Title 14 sec- tion number before redes- ignation Section heading (provided for identification purposes only-not amended) Title 14 sec- tion number after redes- ignation 211 Original appointment of permanent commis- sioned officers 2101 41a Active duty promotion list 2102 42 Number and distribution of commissioned offi- cers on active duty promotion list 2103 214 Appointment of temporary officers 2104 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01465 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1466 HR 5515 PCS Title 14 sec- tion number before redes- ignation Section heading (provided for identification purposes only-not amended) Title 14 sec- tion number after redes- ignation 215 Rank of warrant officers 2105 251 Selection boards; convening of boards 2106 252 Selection boards; composition of boards 2107 253 Selection boards; notice of convening; commu- nication with board 2108 254 Selection boards; oath of members 2109 255 Number of officers to be selected for promotion 2110 256 Promotion zones 2111 256a Promotion year; defined 2112 257 Eligibility of officers for consideration for pro- motion 2113 258 Selection boards; information to be furnished boards 2115 259 Officers to be recommended for promotion 2116 260 Selection boards; reports 2117 261 Selection boards; submission of reports 2118 262 Failure of selection for promotion 2119 263 Special selection boards; correction of errors 2120 271 Promotions; appointments 2121 272 Removal of officer from list of selectees for pro- motion 2122 273 Promotions; acceptance; oath of office 2123 274 Promotions; pay and allowances 2124 275 Wartime temporary service promotions 2125 276 Promotion of officers not included on active duty promotion list 2126 331 Recall to active duty during war or national emergency 2127 332 Recall to active duty with consent of officer 2128 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01466 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1467 HR 5515 PCS Title 14 sec- tion number before redes- ignation Section heading (provided for identification purposes only-not amended) Title 14 sec- tion number after redes- ignation 373 Aviation cadets; appointment as Reserve offi- cers 2129 281 Revocation of commissions during first five years of commissioned service 2141 282 Regular lieutenants (junior grade); separation for failure of selection for promotion 2142 283 Regular lieutenants; separation for failure of selection for promotion; continuation 2143 284 Regular Coast Guard; officers serving under temporary appointments 2144 285 Regular lieutenant commanders and com- manders; retirement for failure of selection for promotion 2145 286 Discharge in lieu of retirement; separation pay 2146 286a Regular warrant officers: separation pay 2147 287 Separation for failure of selection for promotion or continuation; time of 2148 288 Regular captains; retirement 2149 289 Captains; continuation on active duty; involun- tary retirement 2150 290 Rear admirals and rear admirals (lower half); continuation on active duty; involuntary retire- ment 2151 291 Voluntary retirement after twenty years’ service 2152 292 Voluntary retirement after thirty years’ service 2153 293 Compulsory retirement 2154 294 Retirement for physical disability after selection for promotion; grade in which retired 2155 295 Deferment of retirement or separation for med- ical reasons 2156 296 Flag officers 2157 321 Review of records of officers 2158 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01467 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1468 HR 5515 PCS Title 14 sec- tion number before redes- ignation Section heading (provided for identification purposes only-not amended) Title 14 sec- tion number after redes- ignation 322 Boards of inquiry 2159 323 Boards of review 2160 324 Composition of boards 2161 325 Rights and procedures 2162 326 Removal of officer from active duty; action by Secretary 2163 327 Officers considered for removal; retirement or discharge; separation benefits 2164 333 Relief of retired officer promoted while on ac- tive duty 2165 335 Physical fitness of officers 2181 429 Multirater assessment of certain personnel 2182 (c) ADDITIONAL CHANGES.—Chapter 21 of title 14, 1 United States Code, is further amended— 2 (1) by striking all subchapter designations and 3 headings in such chapter, except for the subchapter 4 designations and headings added by this subsection; 5 (2) by inserting before section 2101 (as so re- 6 designated and transferred under subsection (b)) the 7 following: 8 ‘‘SUBCHAPTER I—APPOINTMENT AND 9 PROMOTION’’; 10 (3) by inserting before section 2115 (as so re- 11 designated and transferred under subsection (b)) the 12 following: 13 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01468 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1469 HR 5515 PCS ‘‘§ 2114. United States Deputy Marshals in Alaska 1 ‘‘Commissioned officers may be appointed as United 2 States Deputy Marshals in Alaska.’’; 3 (4) by inserting before section 2141 (as so re- 4 designated and transferred under subsection (b)) the 5 following: 6 ‘‘SUBCHAPTER II—DISCHARGES; RETIRE- 7 MENTS; REVOCATION OF COMMISSIONS; 8 SEPARATION FOR CAUSE’’; 9 and 10 (5) by inserting before section 2181 (as so re- 11 designated and transferred under subsection (b)) the 12 following: 13 ‘‘SUBCHAPTER III—GENERAL PROVISIONS’’. 14 SEC. 4113. CHAPTER 23. 15 (a) INITIAL MATTER.—Chapter 23 of title 14, United 16 States Code, is amended by striking the chapter designa- 17 tion, the chapter heading, and the table of sections at the 18 beginning and inserting the following: 19 ‘‘CHAPTER 23—PERSONNEL; ENLISTED 20 ‘‘Sec. ‘‘2301. Recruiting campaigns. ‘‘2302. Enlistments; term, grade. ‘‘2303. Promotion. ‘‘2304. Compulsory retirement at age of sixty-two. ‘‘2305. Voluntary retirement after thirty years’ service. ‘‘2306. Voluntary retirement after twenty years’ service. ‘‘2307. Retirement of enlisted members: increase in retired pay. ‘‘2308. Recall to active duty during war or national emergency. ‘‘2309. Recall to active duty with consent of member. ‘‘2310. Relief of retired enlisted member promoted while on active duty. VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01469 Fmt 6652 Sfmt 6211 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1470 HR 5515 PCS ‘‘2311. Retirement in cases where higher grade or rating has been held. ‘‘2312. Extension of enlistments. ‘‘2313. Retention beyond term of enlistment in case of disability. ‘‘2314. Detention beyond term of enlistment. ‘‘2315. Inclusion of certain conditions in enlistment contract. ‘‘2316. Discharge within three months before expiration of enlistment. ‘‘2317. Aviation cadets; procurement; transfer. ‘‘2318. Aviation cadets; benefits. ‘‘2319. Critical skill training bonus.’’. (b) REDESIGNATIONS AND TRANSFERS.— 1 (1) REQUIREMENT.—The sections of title 14, 2 United States Code, identified in the table provided 3 in paragraph (2) are amended— 4 (A) by redesignating the sections as de- 5 scribed in the table; and 6 (B) by transferring the sections, as nec- 7 essary, so that the sections appear after the 8 table of sections for chapter 23 of such title (as 9 added by subsection (a)), in the order in which 10 the sections are presented in the table. 11 (2) TABLE.—The table referred to in paragraph 12 (1) is the following: 13 Title 14 sec- tion number before redes- ignation Section heading (provided for identification purposes only-not amended) Title 14 sec- tion number after redes- ignation 350 Recruiting campaigns 2301 351 Enlistments; term, grade 2302 352 Promotion 2303 353 Compulsory retirement at age of sixty-two 2304 354 Voluntary retirement after thirty years’ service 2305 355 Voluntary retirement after twenty years’ service 2306 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01470 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1471 HR 5515 PCS Title 14 sec- tion number before redes- ignation Section heading (provided for identification purposes only-not amended) Title 14 sec- tion number after redes- ignation 357 Retirement of enlisted members: increase in re- tired pay 2307 359 Recall to active duty during war or national emergency 2308 360 Recall to active duty with consent of member 2309 361 Relief of retired enlisted member promoted while on active duty 2310 362 Retirement in cases where higher grade or rat- ing has been held 2311 365 Extension of enlistments 2312 366 Retention beyond term of enlistment in case of disability 2313 367 Detention beyond term of enlistment 2314 369 Inclusion of certain conditions in enlistment contract 2315 370 Discharge within three months before expira- tion of enlistment 2316 371 Aviation cadets; procurement; transfer 2317 372 Aviation cadets; benefits 2318 374 Critical skill training bonus 2319 SEC. 4114. CHAPTER 25. 1 (a) INITIAL MATTER.—Chapter 25 of title 14, United 2 States Code, is amended by striking the chapter designa- 3 tion, the chapter heading, and the table of sections at the 4 beginning and inserting the following: 5 ‘‘CHAPTER 25—PERSONNEL; GENERAL 6 PROVISIONS 7 ‘‘SUBCHAPTER I—GENERAL PROVISIONS VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01471 Fmt 6652 Sfmt 6211 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1472 HR 5515 PCS ‘‘Sec. ‘‘2501. Grade on retirement. ‘‘2502. Retirement. ‘‘2503. Status of recalled personnel. ‘‘2504. Computation of retired pay. ‘‘2505. Limitations on retirement and retired pay. ‘‘2506. Suspension of payment of retired pay of members who are absent from the United States to avoid prosecution. ‘‘2507. Board for Correction of Military Records deadline. ‘‘2508. Emergency leave retention authority. ‘‘2509. Prohibition of certain involuntary administrative separations. ‘‘2510. Sea service letters. ‘‘2511. Investigations of flag officers and Senior Executive Service employees. ‘‘2512. Leave policies for the Coast Guard. ‘‘2513. Computation of length of service. ‘‘SUBCHAPTER II—LIGHTHOUSE SERVICE ‘‘2531. Personnel of former Lighthouse Service.’’. (b) REDESIGNATIONS AND TRANSFERS.— 1 (1) REQUIREMENT.—The sections of title 14, 2 United States Code, identified in the table provided 3 in paragraph (2) are amended— 4 (A) by redesignating the sections as de- 5 scribed in the table; and 6 (B) by transferring the sections, as nec- 7 essary, so that the sections appear after the 8 table of sections for chapter 25 of such title (as 9 added by subsection (a)), in the order in which 10 the sections are presented in the table. 11 (2) TABLE.—The table referred to in paragraph 12 (1) is the following: 13 Title 14 sec- tion number before redes- ignation Section heading (provided for identification purposes only-not amended) Title 14 sec- tion number after redes- ignation 334 Grade on retirement 2501 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01472 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1473 HR 5515 PCS Title 14 sec- tion number before redes- ignation Section heading (provided for identification purposes only-not amended) Title 14 sec- tion number after redes- ignation 421 Retirement 2502 422 Status of recalled personnel 2503 423 Computation of retired pay 2504 424 Limitations on retirement and retired pay 2505 424a Suspension of payment of retired pay of mem- bers who are absent from the United States to avoid prosecution 2506 425 Board for Correction of Military Records dead- line 2507 426 Emergency leave retention authority 2508 427 Prohibition of certain involuntary administra- tive separations 2509 428 Sea service letters 2510 430 Investigations of flag officers and Senior Exec- utive Service employees 2511 431 Leave policies for the Coast Guard 2512 467 Computation of length of service 2513 432 Personnel of former Lighthouse Service 2531 (c) ADDITIONAL CHANGES.—Chapter 25 of title 14, 1 United States Code, is further amended— 2 (1) by inserting before section 2501 (as so re- 3 designated and transferred under subsection (b)) the 4 following: 5 ‘‘SUBCHAPTER I—GENERAL PROVISIONS’’; 6 and 7 VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01473 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1474 HR 5515 PCS (2) by inserting before section 2531 (as so re- 1 designated and transferred under subsection (b)) the 2 following: 3 ‘‘SUBCHAPTER II—LIGHTHOUSE SERVICE’’. 4 SEC. 4115. PART III. 5 Part III of title 14, United States Code, is amended 6 by striking the part designation, the part heading, and the 7 table of chapters at the beginning. 8 SEC. 4116. CHAPTER 27. 9 (a) INITIAL MATTER.—Chapter 27 of title 14, United 10 States Code, is amended by striking the chapter designa- 11 tion, the chapter heading, and the table of sections at the 12 beginning and inserting the following: 13 ‘‘CHAPTER 27—PAY, ALLOWANCES, 14 AWARDS, AND OTHER RIGHTS AND 15 BENEFITS 16 ‘‘SUBCHAPTER I—PERSONNEL RIGHTS AND BENEFITS ‘‘Sec. ‘‘2701. Procurement of personnel. ‘‘2702. Training. ‘‘2703. Contingent expenses. ‘‘2704. Equipment to prevent accidents. ‘‘2705. Clothing at time of discharge for good of service. ‘‘2706. Right to wear uniform. ‘‘2707. Protection of uniform. ‘‘2708. Clothing for officers and enlisted personnel. ‘‘2709. Procurement and sale of stores to members and civilian employees. ‘‘2710. Disposition of effects of decedents. ‘‘2711. Deserters; payment of expenses incident to apprehension and delivery; penalties. ‘‘2712. Payment for the apprehension of stragglers. ‘‘SUBCHAPTER II—AWARDS ‘‘2731. Delegation of powers to make awards; rules and regulations. ‘‘2732. Medal of honor. VerDate Sep 11 2014 23:09 Jun 05, 2018 Jkt 079200 PO 00000 Frm 01474 Fmt 6652 Sfmt 6211 E:\BILLS\H5515.PCS H5515 sradovich on DSK3GMQ082PROD with BILLS 1475 HR 5515 PCS ‘‘2733. Medal of honor: duplicate medal. ‘‘2734. Medal of honor: presentation of Medal of Honor Flag. ‘‘2735. Coast Guard cross. ‘‘2736. Distinguished service medal. ‘‘2737. Silver star medal. ‘‘2738. Distinguished flying cross. ‘‘2739. Coast Guard medal. ‘‘2740. Insignia for additional awards. ‘‘2741. Time limit on award; report concerning deed. ‘‘2742. Honorable subsequent service as condition to award. ‘‘2743. Posthumous awards. ‘‘2744. Life-saving medals. ‘‘2745. Replacement of m