H.R. 2810 — what changed

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

added Section 141 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1659), as amended by section 132 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328), is amended by inserting after subsection (c) the following:

added “(d) Preservation of certain retired C–5 aircraft—The Secretary of the Air Force shall preserve each C–5 aircraft that is retired by the Secretary during a period in which the total inventory of strategic airlift aircraft of the Secretary is less than 301, such that the retired aircraft—

added “(1) is stored in flyable condition;

added “(2) can be returned to service; and

added “(3) is not used to supply parts to other aircraft unless specifically authorized by the Secretary of Defense upon a request by the Secretary of the Air Force.”

added Section 157 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1667) is amended—

added “(b) Solicitations—The Secretary of Defense shall—

added “(1) ensure that any solicitation issued for a Common Data Link described in subsection (a), regardless of whether the solicitation is issued by a military department or a contractor with respect to a subcontract—

added “(A) conforms to a Department of Defense specification standard, including interfaces and waveforms, existing as of the date of the solicitation; and

added “(B) does not include any proprietary or undocumented waveforms or control interfaces or data interfaces as a requirement or criterion for evaluation; and

added “(2) notify the congressional defense committees not later than 15 days after issuing a solicitation for a Common Data Link to be sunset (CDL-TBS) waveform.”

added Section 2208(k)(2) of title 10, United States Code, is amended by striking “$250,000” and inserting “$500,000”.

added Section 2374a of title 10, United States Code, is amended—

added “(3) No prize competition may result in the award of a nonmonetary prize valued at more than $10,000 without the approval of the Under Secretary of Defense for Acquisition, Technology, and Logistics.”

added “(c) Responsibilities—In carrying out the program required by subsection (b), the Office shall do the following:

added “(1) Coordinate and integrate current and future research, development, test, and evaluation programs and system demonstration programs of the Department of Defense on hypersonics.

added “(2) Undertake appropriate actions to ensure—

added “(A) close and continuous integration of the programs on hypersonics of the military departments and the Defense Agencies with the programs on hypersonics across the Federal Government; and

added “(B) that both foundational research and developmental testing resources are adequate and well funded, and that facilities are made available in a timely manner to support hypersonics research, demonstration programs, and system development.

added “(3) Approve demonstration programs on hypersonic systems to speed the maturation and deployment of the systems to the warfighter,.

added “(4) Ensure that any demonstration program on hypersonic systems that is carried out in any year after its approval under paragraph (3) is carried out only if certified under subsection (e) as being consistent with the roadmap under subsection (d).

added “(5) Develop a well-defined path for hypersonic technologies to transition to operational capabilities for the warfighter.”

added “183a. Military Aviation, Range, and Installation Assurance Program Office for review of mission obstructions

added “(a) Establishment

added “(1) The Secretary of Defense shall establish a Military Aviation, Range, and Installation Assurance Program Office.

added “(2) The Military Aviation, Range, and Installation Assurance Program Office shall be—

added “(A) organized under the authority, direction, and control of an Assistant Secretary of Defense designated by the Secretary; and

added “(B) assigned such personnel and resources as the Secretary considers appropriate to carry out this section.

added “(b) Functions

added “(1)

added “(A) The Military Aviation, Range, and Installation Assurance Program Office shall serve as a clearinghouse to coordinate Department of Defense review of applications for energy projects filed with the Secretary of Transportation pursuant to section 44718 of title 49 and received by the Department of Defense from the Secretary of Transportation.

added “(B) To facilitate the review of an application for an energy project submitted pursuant to such section, the Military Aviation, Range, and Installation Assurance Program Office shall accelerate the development, in coordination with other departments and agencies of the Federal Government, of—

added “(i) an integrated review process to ensure timely notification and consideration of any application that may have an adverse impact on military operations and readiness; and

added “(ii) planning tools necessary to determine the acceptability to the Department of Defense of the energy project proposal included in the application.

added “(2) The Military Aviation, Range, and Installation Assurance Program Office shall establish procedures for the Department of Defense for the coordinated consideration of and response to a request for a review received from another Federal agency, a State government, an Indian tribal government, a local government, a landowner, or the developer of an energy project, including guidance to personnel at each military installation in the United States on how to initiate such procedures and ensure a coordinated Department response.

added “(3) The Military Aviation, Range, and Installation Assurance Program Office shall consult with affected military installations for the review and consideration of proposed energy projects.

added “(4) The Military Aviation, Range, and Installation Assurance Program Office shall develop procedures for conducting early outreach to parties carrying out energy projects that could have an adverse impact on military operations and readiness and to clearly communicate to such parties actions being taken by the Department under this section.

added “(5) The Military Aviation, Range, and Installation Assurance Program Office shall perform such other functions as the Secretary of Defense assigns.

added “(c) Review of proposed actions

added “(1) Not later than 30 days after receiving from the Secretary of Transportation a proper application for an energy project under section 44718 of title 49 that may have an adverse impact on military operations and readiness, the Military Aviation, Range, and Installation Assurance Program Office shall conduct a preliminary review of such application. Such review shall—

added “(A) assess the likely scope, duration, and level of risk of any adverse impact of such energy project on military operations and readiness; and

added “(B) identify any feasible and affordable actions that could be taken by the Department, the developer of such energy project, or others to mitigate such adverse impact and to minimize risks to national security while allowing such energy project to proceed with development.

added “(2) If the Military Aviation, Range, and Installation Assurance Program Office determines under paragraph (1) that an energy project will have an adverse impact on military operations and readiness, the Military Aviation, Range, and Installation Assurance Program Office, with the approval of the Secretary of Defense, shall issue to the applicant a notice of presumed risk that describes the concerns identified by the Department in the preliminary review and requests a discussion of possible mitigation actions.

added “(d) Comprehensive review

added “(1) The Secretary of Defense shall develop a comprehensive strategy for addressing the military impacts of projects filed with the Secretary of Transportation pursuant to section 44718 of title 49.

added “(2) In developing the strategy required by paragraph (1), the Secretary of Defense shall—

added “(A) assess the magnitude of interference posed by projects filed with the Secretary of Transportation pursuant to section 44718 of title 49;

added “(B) identify geographic areas in which projects filed, or which may be filed in the future, with the Secretary of Transportation pursuant to section 44718 of title 49, could have an adverse impact on military operations and readiness, including military training routes, and categorize the risk of adverse impact in each geographic area for the purpose of informing preliminary reviews under subsection (c)(1), early outreach efforts under subsection (b)(4), and online dissemination efforts under paragraph (3);

added “(C) develop procedures to periodically review and modify geographic areas identified under subparagraph (B) and to solicit and identify additional geographic areas as appropriate; and

added “(D) specifically identify feasible and affordable long-term actions that may be taken to mitigate adverse impacts of projects filed, or which may be filed in the future, with the Secretary of Transportation pursuant to section 44718 of title 49, on military operations and readiness, including—

added “(i) investment priorities of the Department of Defense with respect to research and development;

added “(ii) modifications to military operations to accommodate applications for such projects;

added “(iii) recommended upgrades or modifications to existing systems or procedures by the Department of Defense;

added “(iv) acquisition of new systems by the Department and other departments and agencies of the Federal Government and timelines for fielding such new systems; and

added “(v) modifications to the projects for which such applications are filed, including changes in size, location, or technology.

added “(3) The Military Aviation, Range, and Installation Assurance Program Office shall make available online access to data reflecting geographic areas identified under subparagraph (B) of paragraph (2) and reviewed and modified under subparagraph (C) of such paragraph.

added “(e) Department of defense determination of unacceptable risk

added “(1) The Secretary of Defense may not object to an energy project filed with the Secretary of Transportation pursuant to section 44718 of title 49 unless the Secretary of Defense determines, after giving full consideration to mitigation actions identified pursuant to this section, that the project would result in an unacceptable risk to the national security of the United States. Such a determination shall constitute a finding pursuant to section 44718(f) of title 49.

added “(2) Not later than 30 days after making a determination under paragraph (1), the Secretary of Defense shall submit to the congressional defense committees, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate a report on such determination and the basis for such determination. Such report shall include an explanation of the basis of the determination, a discussion of the mitigation options considered, and an explanation of why, in the case of a determination of unacceptable risk, the mitigation options were not feasible or did not resolve the conflict. The Secretary of Defense may provide public notice through the Federal Register of the determination.

added “(3) The Secretary of Defense may only delegate the responsibility for making a determination under paragraph (1) to the Deputy Secretary of Defense, an Under Secretary of Defense, or a Principal Deputy Under Secretary of Defense.

added “(f) Authority to accept contributions of funds—The Secretary of Defense is authorized to request and accept a voluntary contribution of funds from an applicant for a project filed with the Secretary of Transportation pursuant to section 44718 of title 49. Amounts so accepted shall remain available until expended for the purpose of offsetting the cost of measures undertaken by the Secretary of Defense to mitigate adverse impacts of such a project on military operations and readiness or to conduct studies of potential measures to mitigate such impacts.

added “(g) Effect of department of defense hazard assessment—An action taken pursuant to this section shall not be considered to be a substitute for any assessment or determination required of the Secretary of Transportation under section 44718 of title 49.

added “(h) Savings clause—Nothing in this section shall be construed to affect or limit the application of, or any obligation to comply with, any environmental law, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

added “(i) Definitions—In this section:

added “(1) The term “adverse impact on military operations and readiness” means any adverse impact upon military operations and readiness, including flight operations, research, development, testing, and evaluation, and training, that is demonstrable and is likely to impair or degrade the ability of the armed forces to perform their warfighting missions.

added “(2) The term “energy project” means a project that provides for the generation or transmission of electrical energy.

added “(3) The term “landowner” means a person that owns a fee interest in real property on which a proposed energy project is planned to be located.

added “(4) The term “military installation” has the meaning given that term in section 2801(c)(4) of this title.

added “(5) The term “military readiness” includes any training or operation that could be related to combat readiness, including testing and evaluation activities.

added “(6) The term “military training route” means a training route developed as part of the Military Training Route Program, carried out jointly by the Federal Aviation Administration and the Secretary of Defense, for use by the armed forces for the purpose of conducting low-altitude, high-speed military training.

added “(7) The term “unacceptable risk to the national security of the United States” means the construction, alteration, establishment, or expansion, or the proposed construction, alteration, establishment, or expansion, of a structure or sanitary landfill that would—

added “(A) endanger safety in air commerce, related to the activities of the Department of Defense;

added “(B) interfere with the efficient use and preservation of the navigable airspace and of airport traffic capacity at public-use airports, related to the activities of the Department of Defense; or

added “(C) impair or degrade the capability of the Department of Defense to conduct training, research, development, testing, evaluation, and operations or to maintain military readiness.”

added “(g) Special rule for identified geographic areas—In the case of a proposed structure to be located within a geographic area identified under subsection (d)(2)(B) of section 183a of title 10, the Secretary of Transportation may not issue a determination until the Secretary of Defense issues a determination under subsection (e) of such section as to whether or not the proposed structure represents an unacceptable risk to the national security of the United States (as defined in subsection (i)(7) of such section).”

added Section 2911(c) of title 10, United States Code, is amended—

added “(13) Opportunities to leverage financing provided by a non-Department entity to address installation energy needs.”

added Amounts authorized to be appropriated for the Department of Defense may by used for all necessary expenses for the removal and cleanup of petroleum, oil, and lubricants associated with the heavy cruiser Prinz Eugen, which was transferred from the United States to the Republic of the Marshall Islands in 1986.

added Section 338 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 5013 note), as most recently amended by section 321 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1694) is amended—

added The Secretary of the Army shall maintain the arsenals with sufficient workloads to ensure affordability and technical competence in all critical capability areas by establishing, not later than 90 days after the enactment of this Act, clear, step-by-step, prescriptive guidance on the process for conducting make-or-buy analyses, including the use of the organic industrial base.

added “(j) Remedial actions—A report for the first or third quarter of a calendar year shall include—

added “(1) a description of the mitigation plans of the Secretary to address readiness shortfalls and operational deficiencies identified in the report submitted for the preceding calendar quarter; and

added “(2) for each such shortfall or deficiency, a timeline for resolution, the cost necessary for such resolution, the mitigation strategy the Department will employ until the resolution is in place, and any legislative remedies required.”

added Section 2464(d) of title 10, United States Code, is amended by adding at the end the following new paragraphs:

added “(4) Any workload shortfalls at any work breakdown structure category designated as a lower-level category pursuant to Department of Defense Instruction 4151.20, or any successor instruction.

added “(5) A description of any workload executed at a category designated as a first-level category pursuant to such Instruction, or any successor instruction, that could be used to mitigate shortfalls in similar categories.

added “(6) A description of any progress made on implementing mitigation plans developed pursuant to paragraph (3).

added “(7) A description of core capability requirements and corresponding workloads at the first level category.

added “(8) In the case of any shortfall that is identified, a description of the shortfall and an identification of the subcategory of the work breakdown structure in which the shortfall occurred.

added “(9) In the case of any work breakdown structure category designated as a special interest item or other pursuant to such Instruction, or any successor instruction, an explanation for such designation.

added “(10) Whether the core depot-level maintenance and repair capability requirements described in the report submitted under this subsection for the preceding fiscal year have been executed.”

added “(2) The annual report required by paragraph (1)”

added “(b) Annual report on Non-Federalized service National Guard personnel, training, and equipment requirements

added “(1) Not later than January 31 of each of calendar years 2018 through 2022, the Chief of the National Guard Bureau shall submit to the recipients described in paragraph (3) a report that identifies the personnel, training, and equipment required by the non-federalized National Guard—

added “(A) to support civilian authorities in connection with natural and man-made disasters during the covered period; and

added “(B) to carry out prevention, protection, mitigation, response, and recovery activities relating to such disasters during the covered period.

added “(2) In preparing each report under paragraph (1), the Chief of the National Guard Bureau shall—

added “(A) consult with the chief executive of each State, the Council of Governors, and other appropriate civilian authorities;

added “(B) collect and validate information from each State relating to the personnel, training, and equipment requirements described in paragraph (1);

added “(C) set forth separately the personnel, training, and equipment requirements for—

added “(i) each of the emergency support functions of the National Response Framework; and

added “(ii) each of the Federal Emergency Management Agency regions;

added “(D) assess core civilian capability gaps relating to natural and man-made disasters, as identified by States in submissions to the Department of Homeland Security; and

added “(E) take into account threat and hazard identifications and risk assessments of the Department of Defense, the Department of Homeland Security, and the States.

added “(3) The annual report required by paragraph (1) shall be submitted to the following officials:

added “(A) The congressional defense committees, the Committee on Homeland Security of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate.

added “(B) The Secretary of Defense.

added “(C) The Secretary of Homeland Security.

added “(D) The Council of Governors.

added “(E) The Secretary of the Army.

added “(F) The Secretary of the Air Force.

added “(G) The Commander of the United States Northern Command.

added “(H) The Commander of the United States Pacific Command.

added “(I) The Commander of the United States Cyber Command.

added “(4) In this subsection, the term covered period means the fiscal year beginning after the date on which a report is submitted under paragraph (1).”

added “10504. Chief of National Guard Bureau: annual reports”

added Not later than 60 days after the last day of each of fiscal years 2018 through 2021, the Secretary of the Army shall provide to the Committees on Armed Services of the Senate and House of Representatives briefings on the actions the Army has taken to address the following:

added The Secretary of Defense may provide financial support for the acquisition, installation, and maintenance of exhibits, facilities, historical displays, and programs at military service memorials and museums that highlight the role of women in the Armed Forces. The Secretary may enter into a contract with a nonprofit organization for the purpose of performing such acquisition, installation, and maintenance.

added Beginning on the date of the enactment of this Act, whenever the Secretary of Defense enters into a contract for the provision of uniforms for Afghan military or security forces, the Secretary shall require, as a condition of the contract, that the contract include a requirement that the contractor conduct a cost-benefit analysis of the uniform specification for the Afghan military or security forces uniform. Such analysis shall determine—

added Section 691(b) of title 10, United States Code, is amended by striking paragraphs (1) through (4) and inserting the following new paragraphs:

added “(1) For the Army, 486,000.

added “(2) For the Navy, 327,900.

added “(3) For the Marine Corps, 185,000.

added “(4) For the Air Force, 325,100.”

added During fiscal year 2018, the maximum number of members of the reserve components of the Armed Forces who may be serving at any time on full-time operational support duty under section 115(b) of title 10, United States Code, is the following:

added “(h)

added “(1) This subsection applies to a former member of the armed forces whose claim under this section for review of a discharge or dismissal is based in whole or in part on matters relating to post-traumatic stress disorder or traumatic brain injury as supporting rationale, or as justification for priority consideration, and whose post-traumatic stress disorder or traumatic brain injury is related to combat or military sexual trauma, as determined by the Secretary concerned.

added “(2) In the case of a claimant described in paragraph (1), a board established under subsection (a)(1) shall—

added “(A) review medical evidence of the Secretary of Veterans Affairs or a civilian health care provider that is presented by the claimant; and

added “(B) review the claim with liberal consideration to the claimant that post-traumatic stress disorder or traumatic brain injury potentially contributed to the circumstances resulting in the discharge or dismissal or to the original characterization of the claimant’s discharge or dismissal.”

added “(4) The number and disposition of claims decided during the calendar quarter preceding the calendar quarter in which such information is made available in which sexual assault is alleged to have contributed, whether in whole or in part, to the original characterization of the discharge or release of the claimant.”

added “(4) The number and disposition of claims decided during the calendar quarter preceding the calendar quarter in which such information is made available in which sexual assault is alleged to have contributed, whether in whole or in part, to the original characterization of the discharge or release of the claimant.”

added The Secretary of Defense shall ensure that members of the Army, Navy, Air Force, and Marine Corps who are aliens lawfully admitted to the United States for permanent residence are informed of the availability of naturalization through service in the Armed Forces under section 328 of the Immigration and Nationality Act (8 U.S.C. 1439) and the process by which to pursue naturalization. The Secretary shall ensure that resources are available to assist qualified members of the Armed Forces to navigate the application and naturalization process.

added “(B) To the extent practicable, a petition for a writ of mandamus described in this subsection shall have priority over all other proceedings before the Court of Criminal Appeals.

added “(C) Review of any decision by the Court of Criminal Appeals on a petition for a writ of mandamus described in this subsection shall have priority in the Court of Appeals for the Armed Forces, as determined under the rules of the Court of Appeals for the Armed Forces.”

added “(D) Pre-referral matters under subsection (c) or (e) of section 806b of this title (article 6b).”

added “(4) is prohibited by law; or

added “(5) is contrary to, or is inconsistent with, a regulation prescribed by the President with respect to terms, conditions, or other aspects of plea agreements.”

added “858a. Art 58a. Sentences: reduction in enlisted grade”

added “(5) Reports—With respect to each review and assessment under this subsection, the Panel shall submit a report to the Committees on Armed Services of the Senate and the House of Representatives. Each report—

added “(A) shall set forth the results of the review and assessment concerned, including the findings and recommendations of the Panel; and

added “(B) shall be submitted not later than December 31 of the calendar year in which the review and assessment is concluded.”

added “(A) dismissal or dishonorable discharge, as applicable; and

added “(B) confinement for two years.”

added “917a. Art. 117a. Wrongful broadcast or distribution of intimate visual images

added “(a) Prohibition—Any person subject to this chapter who—

added “(1) knowingly and wrongfully broadcasts or distributes an intimate visual image of a private area of another person who—

added “(A) is at least 18 years of age at the time the intimate visual image was created;

added “(B) is identifiable from the image itself or from information displayed in connection with the image; and

added “(C) does not explicitly consent to the broadcast or distribution of the intimate visual image;

added “(2) knows or reasonably should have known that the intimate visual image was made under circumstances in which the person depicted in the intimate visual image retained a reasonable expectation of privacy regarding any broadcast or distribution of the intimate visual image; and

added “(3) knows or reasonably should have known that the broadcast or distribution of the intimate visual image is likely—

added “(A) to cause harm, harassment, intimidation, emotional distress, or financial loss for the person depicted in the intimate visual image; or

added “(B) to harm substantially the depicted person with respect to that person’s health, safety, business, calling, career, financial condition, reputation, or personal relationships;

added “(b) Definitions—In this section (article):

added “(1) Broadcast—The term broadcast means to electronically transmit a visual image with the intent that it be viewed by a person or persons.

added “(2) Distribute—The term distribute means to deliver to the actual or constructive possession of another person, including transmission by mail or electronic means.

added “(3) Intimate visual image—The term “intimate visual image” means a photograph, video, film, or recording made by any means that depicts a private area of a person.

added “(4) Private area—The term private area means the naked or underwear-clad genitalia, anus, buttocks, or female areola or nipple.

added “(5) Reasonable expectation of privacy—The term “reasonable expectation of privacy” refers to circumstances in which a reasonable person would believe that an intimate visual image of a private area of the person would not be broadcast or distributed to another person.”

added Section 1044e(b)(6) of title 10, United States Code, is amended by adding at the end the following new sentence: “If there is a military prosecution of the alleged sex-related offense, the Special Victims’ Counsel or Victims’ Legal Counsel shall be entitled to a copy of all case information and documentation that is in the possession of the prosecutor, relevant to such military prosecution, and not privileged.”

added The baseline Special Victims’ Counsel training established under section 1044e(d)(2) of title 10, United States Code, shall include training for Special Victims’ Counsel to recognize and deal with the unique challenges often faced by male victims of sexual assault.

added “(l) Garnishment to satisfy a judgment rendered for physically, sexually, or emotionally abusing a child

added “(1) Subject to paragraph (2), any payment of retired pay that would otherwise be made to a member shall be paid (in whole or in part) by the Secretary concerned to another person if and to the extent expressly provided for in the terms of a child abuse garnishment order.

added “(2) A court order providing for the payment of child support or alimony or, with respect to a division of property, specifically providing for the payment of an amount of the disposable retired pay from a member to the spouse or a former spouse of the member, shall be given priority over a child abuse garnishment order. However, the limitations on the amount of disposable retired pay available for payments set forth in paragraphs (1) and (4)(B) of subsection (e) do not apply to a child abuse garnishment order.

added “(3) In this section, the term “court order” includes a child abuse garnishment order.

added “(4) In this subsection, the term “child abuse garnishment order” means a final decree issued by a court that—

added “(A) is issued in accordance with the laws of the jurisdiction of that court; and

added “(B) provides in the nature of garnishment for the enforcement of a judgment rendered against the member for physically, sexually, or emotionally abusing a child.

added “(5) For purposes of this subsection, a judgment rendered for physically, sexually, or emotionally abusing a child is any legal claim perfected through a final enforceable judgment, which claim is based in whole or in part upon the physical, sexual, or emotional abuse of an individual under 18 years of age, whether or not that abuse is accompanied by other actionable wrongdoing, such as sexual exploitation or gross negligence.

added “(6) If the Secretary concerned is served with more than one court order with respect to the retired pay of a member, the disposable retired pay of the member shall be available to satisfy such court orders on a first-come, first-served basis, with any such process being satisfied out of such moneys as remain after the satisfaction of all such processes which have been previously served.

added “(7) The Secretary concerned shall not be required to vary normal pay and disbursement cycles for retired pay in order to comply with a child abuse garnishment order.”

added “(13) Information and data collected on official and unofficial reports of sexual harassment involving members of the Armed Forces during the year covered by the report, as follows:

added “(A) The number of substantiated and unsubstantiated reports.

added “(B) A synopsis of each substantiated report.

added “(C) The action taken in the case of each substantiated report, including the type of disciplinary or administrative sanction imposed, if any, such as—

added “(i) conviction and sentence by court-martial;

added “(ii) imposition of non-judicial punishment under section 815 of title 10, United States Code (article 15 of the Uniform Code of Military Justice); or

added “(iii) administrative separation or other type of administrative action imposed.

added “(14) Information and data collected during the year covered by the report on each reported incident involving the nonconsensual distribution by a person subject to chapter 47 of title 10, United States Code (the Uniform Code of Military Justice) of a private sexual image of another person, including the following:

added “(A) The number of substantiated and unsubstantiated reports.

added “(B) A synopsis of each substantiated report.

added “(C) The action taken in the case of each substantiated report, including the type of disciplinary or administrative sanction imposed, if any, such as—

added “(i) conviction and sentence by court-martial;

added “(ii) imposition of non-judicial punishment under section 815 of title 10, United States Code (article 15 of the Uniform Code of Military Justice); or

added “(iii) administrative separation or other type of administrative action imposed.”

added Beginning with the reports required to be submitted by March 1, 2018, under section 1631 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 1561 note), information regarding a sexual assault committed by a member of the Armed Forces against the spouse or intimate partner of the member or another dependent of the member shall be included in such reports in addition to the annual Family Advocacy Program report. The information shall be provided in such reports in the same manner as information is provided with respect to other official and unofficial reports of sexual assault.

added Not later than one year after the date of the enactment of this Act, the Secretary of the Navy shall revise Navy policy regarding the eligibility of former dependents of members of the Armed Forces to representation by a Victims’ Legal Counsel so that Navy policy is consistent with Army and Air Force policy regarding Special Victims’ Counsel, which provides that a former dependent is eligible for such representation if, while entitled to legal assistance, the dependent was the victim of an alleged sex-related offense by a member of the Armed Forces.

added “(5) That the cadet will not seek release from the commissioned service obligation of the cadet to pursue a career as a professional athlete and understands that the appointment alternative described in paragraph (3) will not be used to allow the cadet to pursue such a career.”

added “(5) That the midshipman will not seek release from the commissioned service obligation of the midshipman to pursue a career as a professional athlete and understands that the appointment alternative described in paragraph (3) will not be used to allow the midshipman to pursue such a career.”

added “(5) That the cadet will not seek release from the commissioned service obligation of the cadet to pursue a career as a professional athlete and understands that the appointment alternative described in paragraph (2) will not be used to allow the cadet to pursue such a career.”

added Section 2164(a) of title 10, United States Code, is amended—

added “(4) For purposes of this subsection, the term “retiree” means a member or former member of the armed forces, not including a member or former member of the Coast Guard, who is entitled to retired or retainer pay under this title, or who, but for age, would be eligible for retired or retainer pay under chapter 1223 of this title.”

added “1788a. Family support programs: immediate family members of members of special operations forces”

added “(p)

added “(1) The Secretary concerned may reimburse a member of the armed forces for qualified relicensing costs of the spouse of the member when—

added “(A) the member is reassigned, either as a permanent change of station or permanent change of assignment, from a duty station in one State to a duty station in another State; and

added “(B) the movement of the member’s dependents is authorized at the expense of the United States under this section as part of the reassignment.

added “(2) Reimbursement provided to a member under this subsection may not exceed $500 in connection with each reassignment described in paragraph (1).

added “(3) In this subsection, the term qualified relicensing costs means costs, including exam and registration fees, that—

added “(A) are imposed by the State of the new duty station to secure a license or certification to engage in the same profession that the spouse of the member engaged in while in the State of the original duty station; and

added “(B) are paid or incurred by the member or spouse to secure the license or certification from the State of the new duty station after the date on which the orders directing the reassignment described in paragraph (1) are issued.”

added Subsection (a) of section 1135 of title 10, United States Code, is amended to read as follows:

added “(a) Replacement

added “(1) The Secretary concerned shall replace, on a one-time basis, a military decoration upon the request of—

added “(A) the recipient of the military decoration;

added “(B) the immediate next of kin of a deceased recipient of a military decoration; or

added “(C) a relative of a deceased recipient of a military decoration who is related within the second or third degree of consanguinity to the deceased recipient.

added “(2) The replacement of a military decoration under subparagraph (A) or (B) of paragraph (1) shall be provided without charge. The replacement of a military decoration under subparagraph (C) of such paragraph shall be provided at no cost to the Department of Defense.

added “(3) The authority provided by this subsection is in addition to any other authority available to the Secretary concerned to replace a military decoration.”

added “1136. Congressional Defense Service Medal

added “(a) Establishment—The Secretary of Defense shall award, at the behest of and on behalf of Congress, a Congressional Defense Service Medal to a group or other entity to recognize, subject to subsection (c)(1), the exemplary service or significant achievement of the group or other entity in furtherance of the defense and national security of the United States.

added “(b) Design and content—A Congressional Defense Service Medal shall be a gold medal of appropriate design, with suitable emblems, devices, and inscriptions. The Secretary of Defense may design a Congressional Defense Service Medal to recognize the specific group or other entity and the service or achievement for which the Congressional Defense Service Medal is being awarded.

added “(c) Eligibility limitations

added “(1) Nature of service or achievement—For a group or other entity to be eligible for the award of a Congressional Defense Service Medal, the service or achievement to be recognized must—

added “(A) be in the field of endeavor of the group or other entity; and

added “(B) represent either a lengthy period of continuous superior service or achievement or a single act of service or achievement so significant that the group or other entity is recognized and acclaimed by others in the same field of endeavor, as evidenced by the recipient having received the highest honors in the field.

added “(2) Effect of other federal recognition—A group or other entity may not receive a Congressional Defense Service Medal in recognition of service or achievement for which the group or other entity received a medal from the United States previously for the same or substantially the same service or achievement.

added “(3) Prohibition on award to an individual—A Congressional Defense Service Medal may not be awarded to a single individual.

added “(d) Time limitations—A Congressional Defense Service Medal may not be awarded to a group or entity—

added “(1) until at least five years after the conclusion of the exemplary service or significant achievement for which the Congressional Defense Service Medal is being awarded; and

added “(2) unless the award is made within 25 years after the conclusion of the exemplary service or significant achievement for which the Congressional Defense Service Medal is being awarded.

added “(e) Duplicate medals—The Secretary of Defense may arrange for the striking and sale of duplicates in bronze of a Congressional Defense Service Medal, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold Congressional Defense Service Medal.”

added “3757. Military decorations: limitations on revocation

added “(a) Limitations—Except as provided in subsection (b), the President or the Secretary of the Army may not authorize the revocation of a military decoration after the actual award of the military decoration to a member of the armed forces under the jurisdiction of the Secretary.

added “(b) Exceptions

added “(1) Subsection (a) does not apply to the revocation of a military decoration if the revocation is ordered on account of —

added “(A) the acquisition of new or additional information that calls into question the service for which the member was awarded the military decoration; or

added “(B) the conviction of the member for a serious violent felony.

added “(2) In applying the exception described in paragraph (1)(B), the President and the Secretary of the Army shall take into account, as an extenuating factor, whether the member has been diagnosed with Traumatic Brain Injury (TBI) or Post-Traumatic Stress Disorder (PTSD).

added “(c) Definitions—In this section:

added “(1) The term “military decoration” means the distinguished-service cross, distinguished-service medal, silver star, distinguished flying cross, or Soldier's Medal. The term does not include the medal of honor.

added “(2) The term “serious violent felony” has the meaning given that term in section 3559(c)(2)(F) of title 18.”

added “6259. Military decorations: limitations on revocation

added “(a) Limitations—Except as provided in subsection (b), the President or the Secretary of the Navy may not authorize the revocation of a military decoration after the actual award of the military decoration to a member of the armed forces under the jurisdiction of the Secretary.

added “(b) Exceptions

added “(1) Subsection (a) does not apply to the revocation of a military decoration if the revocation is ordered on account of —

added “(A) the acquisition of new or additional information that calls into question the service for which the member was awarded the military decoration; or

added “(B) the conviction of the member for a serious violent felony.

added “(2) In applying the exception described in paragraph (1)(B), the President and the Secretary of the Navy shall take into account, as an extenuating factor, whether the member has been diagnosed with Traumatic Brain Injury (TBI) or Post-Traumatic Stress Disorder (PTSD).

added “(c) Definitions—In this section:

added “(1) The term “military decoration” means the Navy cross, distinguished-service medal, silver star medal, distinguished flying cross, or Navy and Marine Corps Medal. The term does not include the medal of honor.

added “(2) The term “serious violent felony” has the meaning given that term in section 3559(c)(2)(F) of title 18.”

added “8757. Military decorations: limitations on revocation

added “(a) Limitations—Except as provided in subsection (b), the President or the Secretary of the Air Force may not authorize the revocation of a military decoration after the actual award of the military decoration to a member of the armed forces under the jurisdiction of the Secretary.

added “(b) Exceptions

added “(1) Subsection (a) does not apply to the revocation of a military decoration if the revocation is ordered on account of —

added “(A) the acquisition of new or additional information that calls into question the service for which the member was awarded the military decoration; or

added “(B) the conviction of the member for a serious violent felony.

added “(2) In applying the exception described in paragraph (1)(B), the President and the Secretary of the Air Force shall take into account, as an extenuating factor, whether the member has been diagnosed with Traumatic Brain Injury (TBI) or Post-Traumatic Stress Disorder (PTSD).

added “(c) Definitions—In this section:

added “(1) The term “military decoration” means the Air Force cross, distinguished-service medal, silver star, distinguished flying cross, or Airman’s Medal. The term does not include the medal of honor.

added “(2) The term “serious violent felony” has the meaning given that term in section 3559(c)(2)(F) of title 18.”

added “(b) Covered private sector employee defined

added “(1) In this section, the term “covered private sector employee” means—

added “(A) an individual employed by a private firm that is engaged in providing to the Department of Defense significant and substantial defense-related systems, products, or services; or

added “(B) an individual employed by a private firm in one of the critical infrastructure sectors identified in Presidential Policy Directive 21 (Critical Infrastructure Security and Resilience).

added “(2) A covered private sector employee admitted for instruction at the United States Air Force Institute of Technology remains eligible for such instruction only so long as the person remains employed by the same firm.”

added “9314a. United States Air Force Institute of Technology: admission of certain private sector civilians”

added Section 1967(f)(4) of title 38, United States Code, is amended by striking the second sentence.

added Section 705 of the Servicemembers Civil Relief Act (50 U.S.C. 4025(a)), is amended by adding at the end the following new subsection:

added “(c) Registration

added “(1) In general—For the purposes of voting in any election for Federal office (as defined in section 301 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101)) or State or local office, a servicemember who registers to vote in a State in which the servicemember is present in compliance with military orders for a permanent change of station shall not, solely by reason of that registration—

added “(A) be deemed to have acquired a residence or domicile in that State;

added “(B) be deemed to have become a resident in or a resident of that State; or

added “(C) be deemed to have lost a residence or domicile in any other State, without regard to whether or not the person intends to return to that State.

added “(2) Notification by the servicemember—A servicemember who elects to register to vote in the State in which the servicemember is present in compliance with military orders for a permanent change of station shall notify the Service Voting Action Officer of the military department concerned not later than 10 days after such registration.

added “(3) Notification by the Service Voting Action Officer—A Service Voting Action Officer who receives a notification under paragraph (2) shall notify the chief State election official of the State in which the servicemember resides or is domiciled of such registration not later than 10 days after such registration.”

added It is the sense of Congress that a statute currently exists, specifically paragraph (2) of subsection (b) of section 504 of title 10, United States Code, which states that “the Secretary concerned may authorize the enlistment of a person not described in paragraph (1) [of that subsection] if the Secretary determines that such enlistment is vital to the national interest”.

added “(C) The Secretary of Defense may not reduce the rate of basic allowance for housing in effect on December 31, 2017, for a member of a uniformed service who resides in a housing unit acquired or constructed under the alternative authority of subchapter IV of chapter 169 of title 10 (known as the Military Housing Privatization Initiative) until January 1, 2019.”

added “403a. Housing treatment for certain members of the Armed Forces, and their spouses and other dependents, undergoing a permanent change of station within the United States

added “(a) Housing treatment for certain members who have a spouse or other dependents

added “(1) Housing treatment regulations—The Secretary of Defense shall prescribe regulations that permit a member of the armed forces described in paragraph (2) who is undergoing a permanent change of station within the United States to request the housing treatment described in subsection (b) during the covered relocation period of the member.

added “(2) Eligible members—A member described in this paragraph is any member who—

added “(A) has a spouse who is gainfully employed or enrolled in a degree, certificate or license granting program at the beginning of the covered relocation period;

added “(B) has one or more dependents attending an elementary or secondary school at the beginning of the covered relocation period;

added “(C) has one or more dependents enrolled in the Exceptional Family Member Program; or

added “(D) is caring for an immediate family member with a chronic or long-term illness at the beginning of the covered relocation period.

added “(b) Housing treatment

added “(1) Continuation of housing for the spouse and other dependents—If a spouse or other dependent of a member whose request under subsection (a) is approved resides in Government-owned or Government-leased housing at the beginning of the covered relocation period, the spouse or other dependent may continue to reside in such housing during a period determined in accordance with the regulations prescribed pursuant to this section.

added “(2) Early housing eligibility—If a spouse or other dependent of a member whose request under subsection (a) is approved is eligible to reside in Government-owned or Government-leased housing following the member’s permanent change of station within the United States, the spouse or other dependent may commence residing in such housing at any time during the covered relocation period.

added “(3) Temporary use of government-owned or government-leased housing intended for members without a spouse or dependent—If a spouse or other dependent of a member relocates at a time different from the member in accordance with a request approved under subsection (a), the member may be assigned to Government-owned or Government-leased housing intended for the permanent housing of members without a spouse or dependent until the member’s detachment date or the spouse or other dependent’s arrival date, but only if such Government-owned or Government-leased housing is available without displacing a member without a spouse or dependent at such housing.

added “(4) Equitable basic allowance for housing—If a spouse or other dependent of a member relocates at a time different from the member in accordance with a request approved under subsection (a), the amount of basic allowance for housing payable may be based on whichever of the following areas the Secretary concerned determines to be the most equitable:

added “(A) The area of the duty station to which the member is reassigned.

added “(B) The area in which the spouse or other dependent resides, but only if the spouse or other dependent resides in that area when the member departs for the duty station to which the member is reassigned, and only for the period during which the spouse or other dependent resides in that area.

added “(C) The area of the former duty station of the member, but only if that area is different from the area in which the spouse or other dependent resides.

added “(c) Rule of construction related to certain basic allowance for housing payments—Nothing in this section shall be construed to limit the payment or the amount of basic allowance for housing payable under section 403(d)(3)(A) of this title to a member whose request under subsection (a) is approved.

added “(d) Housing treatment education—The regulations prescribed pursuant to this section shall ensure the relocation assistance programs under section 1056 of title 10 include, as part of the assistance normally provided under such section, education about the housing treatment available under this section.

added “(e) Definitions—In this section:

added “(1) Covered relocation period

added “(A) Subject to subparagraph (B), the term covered relocation period, when used with respect to a permanent change of station of a member of the armed forces, means the period that—

added “(i) begins 180 days before the date of the permanent change of station; and

added “(ii) ends 180 days after the date of the permanent change of station.

added “(B) The regulations prescribed pursuant to this section may provide for a lengthening of the covered relocation period of a member for purposes of this section.

added “(2) Dependent—The term dependent has the meaning given that term in section 401 of this title.

added “(3) Permanent change of station—The term permanent change of station means a permanent change of station described in section 452(b)(2) of this title.”

added The following sections of title 37, United States Code, are amended by striking “December 31, 2017” and inserting “December 31, 2018”:

added The following sections of title 37, United States Code, are amended by striking “December 31, 2017” and inserting “December 31, 2018”:

added The following sections of title 37, United States Code, are amended by striking “December 31, 2017” and inserting “December 31, 2018”:

added “(f) Reimbursement for State licensure and certification costs

added “(1) The Secretary concerned may reimburse a member of the armed forces who separates from the armed forces for qualified relicensing costs of the member.

added “(2) Reimbursement provided to a member under this subsection may not exceed $500.

added “(3) In this subsection, the term qualified relicensing costs means costs, including exam and registration fees, that—

added “(A) are imposed by the State in which the member resides after separation from the armed forces to secure a license or certification to engage in a profession; and

added “(B) are paid or incurred by the member to secure the license or certification from the State in which the member resides after separation from the armed forces.”

added Section 334(c)(1)(B) of title 37, United States Code, is amended by striking “$35,000” and inserting “$50,000”.

added The Secretary of Defense shall direct each commanding officer of a military base on which there is a military commissary or exchange to establish an advisory board, comprised of representatives of military or veterans service organizations, to advise the commanding officer regarding the interests of patrons and beneficiaries of military commissaries and exchanges.

added Section 1145 of title 10, United States Code, is amended—

added “(d) Physical examinations for certain members of a reserve component

added “(1) The Secretary concerned shall provide a physical examination pursuant to subsection (a)(5) to each member of a reserve component who—

added “(A) during the two-year period before the date on which the member is scheduled to be separated from the armed force served on active duty in support of a contingency operation for a period of more than 30 days;

added “(B) will not otherwise receive such an examination under such subsection; and

added “(C) elects to receive such a physical examination.

added “(2) The Secretary concerned shall—

added “(A) provide the physical examination under paragraph (1) to a member during the 90-day period before the date on which the member is scheduled to be separated from the armed forces; and

added “(B) issue orders to such a member to receive such physical examination.

added “(3) A member may not be entitled to health care benefits pursuant to subsection (a), (b), or (c) solely by reason of being provided a physical examination under paragraph (1).

added “(4) In providing to a member a physical examination under paragraph (1), the Secretary concerned shall provide to the member a record of the physical examination.”

added “1074o. Provision of hyperbaric oxygen therapy for certain members

added “(a) In general—The Secretary may furnish hyperbaric oxygen therapy available at a military medical treatment facility to a covered member if such therapy is prescribed by a physician to treat post-traumatic stress disorder or traumatic brain injury.

added “(b) Covered member defined—In this section, the term covered member means a member of the armed forces who is—

added “(1) serving on active duty; and

added “(2) diagnosed with post-traumatic stress disorder or traumatic brain injury.”

added “(A) the operation of such facility;”

added “(4)

added “(A) The Surgeon General is responsible—

added “(i) for the medical readiness provided by the military medical treatment facilities of the Army; and

added “(ii) for maintaining a ready medical force of the Army.

added “(B) In carrying out subparagraph (A), the Surgeon General shall provide operational oversight of readiness matters of the military medical treatment facilities of the Army.”

added “(4)

added “(A) The Surgeon General is responsible—

added “(i) for the medical readiness provided by the military medical treatment facilities of the Navy; and

added “(ii) for maintaining a ready medical force of the Navy.

added “(B) In carrying out subparagraph (A), the Surgeon General shall provide operational oversight of readiness matters of the military medical treatment facilities of the Navy.”

added “(4)

added “(A) The Surgeon General is responsible—

added “(i) for the medical readiness provided by the military medical treatment facilities of the Air Force; and

added “(ii) for maintaining a ready medical force of the Air Force.

added “(B) In carrying out subparagraph (A), the Surgeon General shall provide operational oversight of readiness matters of the military medical treatment facilities of the Air Force.”

added In carrying out section 1073d of title 10, United States Code, the Secretary of Defense shall ensure that each military medical treatment facility located outside the United States maintains, at a minimum, the inpatient capabilities of such facility as of September 30, 2016.

added Section 1074g(d) of title 10, United States Code, is amended by adding at the end the following new paragraph:

added “(3) With respect to the TRICARE retail pharmacy program described in subsection (a)(2)(E)(ii), the Secretary shall ensure that a contract entered into with a TRICARE pharmacy program contractor includes requirements described in section 1860D–12(b)(6) of the Social Security Act (42 U.S.C. 1395w–112(b)(6)) to ensure the provision of information regarding the pricing standard for prescription drugs.”

added Section 743(d) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328) is amended—

added Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2018 for advanced development for research, development, test, and evaluation for the Defense Health Program, not more than $25,000,000 may be used to award grants to medical researchers and universities to support research into early detection of chronic traumatic encephalopathy.

added Section 717 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328) is amended by striking subsection (d) and inserting the following new subsections:

added “(d) Sense of Congress—It is the sense of Congress that the civilians covered by this section include United States victims of domestic and international terrorism.

added “(e) Definitions—In this section:

added “(1) The term act of terror means an act of domestic terrorism or international terrorism, as those terms are defined in section 2331 of title 18, United States Code.

added “(2) The term covered beneficiary has the meaning given that term in section 1072 of title 10, United States Code.

added “(3) The term victim, with respect to an act of terror, means an individual who suffered physical injury as a direct result of the act of terror.”

added “2313b. Performance of incurred cost audits

added “(a) Compliance with standards of risk and materiality—For purposes of performing an incurred cost audit of costs associated with a contract of the Department of Defense, the Secretary of Defense shall comply with commercially accepted standards of risk and materiality.

added “(b) Selection of auditing entity to perform incurred cost audits

added “(1) For an incurred cost audit of a contract of the Department of Defense, the Defense Contract Management Agency or a contract administration office of a military department shall have the authority to select the Defense Contract Audit Agency or a qualified private auditor to perform an incurred cost audit, based upon guidelines that—

added “(A) are issued by an audit planning committee that is comprised of one representative from each of the office of the Under Secretary of Defense for Acquisition and Sustainment, the Defense Contract Management Agency, a contract administration office of a military department, and the Defense Contract Audit Agency;

added “(B) ensure that, after September 1, 2020, not less than 25 percent of incurred costs on flexibly priced contracts are audited by qualified private auditors; and

added “(C) ensure that multi-year auditing is conducted only to address outstanding incurred cost audits for which a qualified incurred cost submission was submitted to the Defense Contract Audit Agency more than 12 months before the date of the enactment of this section.

added “(2)

added “(A) Not later than September 1, 2020, the Secretary of Defense shall award an indefinite delivery-indefinite quantity task order contract to two or more qualified private auditors to perform incurred cost audits of costs associated with contracts of the Department of Defense.

added “(B) The Defense Contract Management Agency, a contract administration office of a military department, or an authorized entity outside the Department of the Defense may issue a task order to perform an incurred cost audit to a qualified private auditor under a task order contract awarded under subparagraph (A). Such task order may be issued only to a qualified private auditor that certifies that the qualified private auditor possesses the necessary independence to perform such an audit.

added “(C) The Defense Contract Audit Agency may not conduct further audit or review of an incurred cost audit performed by a qualified private auditor pursuant to this section, unless requested to do so as part of conducting contract quality assurance functions in accordance with the Federal Acquisition Regulation.

added “(3)

added “(A) Effective September 1, 2022, the Defense Contract Audit Agency may issue unqualified audit findings for an incurred cost audit only if the Defense Contract Audit Agency is peer reviewed by a commercial auditor and passes such peer review. Such peer review shall be conducted in accordance with the peer review requirements of the generally accepted government auditing standards of the Comptroller General of the United States and shall be deemed to meet the requirements of the Defense Contract Audit Agency for a peer review under such standards.

added “(B) The peer review referred to in subparagraph (A) shall occur not less frequently than once every three years.

added “(C) Not later than September 1, 2019, the Secretary of Defense shall provide to the Committee on Armed Services of the House of Representatives an update on the process of securing a commercial auditor to perform the peer review referred to in subparagraph (A).

added “(4) The Secretary of Defense shall consider the results of an incurred cost audit performed under this section without regard to whether the Defense Contract Audit Agency or a qualified private auditor performed the audit.

added “(5) The contracting officer for a contract that is the subject of an incurred cost audit shall have the sole discretion to accept or reject an audit finding on direct costs of the contract.

added “(c) Materiality standards for incurred cost audits

added “(1) Not later than September 1, 2020, and except as provided in paragraph (2), the minimum materiality standard used by an auditor shall—

added “(A) for a incurred cost audit of costs in an amount less than or equal to $100,000, be 4 percent of such costs;

added “(B) for a incurred cost audit of costs in an amount greater than $100,000 but less than $500,000, be $2,000 plus 2 percent of such costs;

added “(C) for a incurred cost audit of costs in an amount greater than $500,000 but less than $1,000,000, be $5,000 plus 1 percent of such costs;

added “(D) for a incurred cost audit of costs in an amount greater than $1,000,000 but less than $5,000,000, be $8,000 plus 0.9 percent of such costs;

added “(E) for a incurred cost audit of costs in an amount greater than $5,000,000 but less than $10,000,000, be $13,000 plus 0.8 percent of such costs;

added “(F) for a incurred cost audit of costs in an amount greater than $10,000,000 but less than $50,000,000, be $23,000 plus 0.7 percent of such costs;

added “(G) for a incurred cost audit of costs in an amount greater than $50,000,000 but less than $100,000,000, be $73,000 plus 0.6 percent of such costs;

added “(H) for a incurred cost audit of costs in an amount greater than $100,000,000 but less than $500,000,000, be $153,000 plus 0.52 percent of such costs; and

added “(I) for a incurred cost audit of costs in an amount greater than $500,000,000, be $503,000 plus 0.45 percent of such costs.

added “(2) An auditor that performs an incurred cost audit under this section may use a materiality standard of a lesser amount than the materiality standard described under paragraph (1) with respect to a particular qualified incurred cost submission from a contractor based on an assessment of risk presented by such qualified incurred cost submission. The risk shall be assessed by the auditor in accordance with generally accepted government auditing standards and guidance issued by the Secretary of Defense.

added “(3) Not later than March 1, 2019, the Comptroller General of the United States shall submit to the congressional defense committees a report on practices for assessing risk and materiality in auditing, which shall include—

added “(A) a summary of commercially accepted standards of risk and materiality and Government standards for risk and materiality as related to incurred cost audits;

added “(B) examples of how commercial auditing firms apply such standards in developing methodologies for conducting incurred cost audits; and

added “(C) recommendations, if appropriate, to modify the minimum materiality standards under paragraph (1) to be consistent with commercially accepted standards of risk and materiality.

added “(4) Not later than September 1, 2019, and every 5 years thereafter, the Secretary of Defense shall submit to the congressional defense committees a report on commercially accepted standards of risk and materiality as related to incurred cost audits. The report may contain recommendations to modify the materiality standards under paragraph (1) to be consistent with such commercially accepted standards of risk and materiality.

added “(d) Timeliness of incurred cost audits

added “(1) The Secretary of Defense shall ensure that all incurred cost audits performed pursuant to subsection (b) are performed in a timely manner.

added “(2) The Secretary of Defense shall notify a contractor within 60 days after receipt of an incurred cost submission from the contractor whether the submission is a qualified incurred cost submission.

added “(3) With respect to qualified incurred cost submissions received on or after the date of the enactment of this section, audit findings shall be issued for an incurred cost audit not later than one year after the date of receipt of such qualified incurred cost submission.

added “(4) If audit findings are not issued within one year after the date of receipt of a qualified incurred cost submission, such qualified incurred cost submission shall be considered accepted in its entirety unless the Secretary of Defense can demonstrate that the contractor unreasonably withheld information necessary to perform the incurred cost audit.

added “(e) Review of audit performance—Not later than April 1, 2025, the Comptroller General of the United States shall provide a report to the congressional defense committees that evaluates for the period beginning on September 1, 2020, and ending on August 31, 2023—

added “(1) the timeliness, individual cost, and quality of incurred cost audits, set forth separately by incurred cost audits performed by the Defense Contract Audit Agency and by qualified private auditors;

added “(2) the cost to contractors of the Department of Defense for incurred cost audits, set forth separately by incurred cost audits performed by the Defense Contract Audit Agency and by qualified private auditors;

added “(3) the effect, if any, on other types of audits conducted by the Defense Contract Audit Agency that results from incurred cost audits conducted by qualified private auditors; and

added “(4) the capability and capacity of commercial auditors to conduct incurred cost audits for the Department of Defense.

added “(f) Definitions—In this section:

added “(1) The term commercial auditor means a private entity engaged in the business of performing audits.

added “(2) The term “flexibly priced contract” means—

added “(A) a cost-type contract, fixed-price incentive fee contract, or price-redeterminable contract, or a task order issued under an indefinite delivery-indefinite quantity task order contract, for which final payment is based on actual costs incurred; or

added “(B) the materials portion of a time-and-materials contract or labor-hour contract of the Department of Defense.

added “(3) The term incurred cost audit means an audit of charges to the Government by a contractor under a flexibly priced contract.

added “(4) The term materiality standard means a dollar amount of misstatements, including omissions, contained in an incurred cost audit that would be material if the misstatements, individually or in the aggregate, could reasonably be expected to influence the economic decisions of the Government made on the basis of the incurred cost audit.

added “(5) The term qualified incurred cost submission means a submission by a contractor of costs incurred under a flexibly priced contract that has been qualified by the Department of Defense as sufficient to conduct an incurred cost audit.

added “(6) The term qualified private auditor means a commercial auditor—

added “(A) that performs audits in accordance with generally accepted government auditing standards of the Comptroller General of the United States; and

added “(B) that has received a passing peer review rating, as defined under the generally accepted government auditing standards.”

added “(D) the sustained questioned costs, set forth separately by type of audit, both as a total value and as a percentage of the total questioned costs for the audit;”

added “(E) the total number and dollar value of incurred cost audits completed, and the method by which such incurred cost audits were completed;

added “(F) the aggregate cost of performing audits, set forth separately by type of audit;

added “(G) the ratio of sustained questioned costs to the aggregate costs of performing audits, set forth separately by type of audit; and

added “(H) the total number and dollar value of audits that are pending for a period longer than one year as of the end of the fiscal year covered by the report, and the fiscal year in which the qualified submission was received, set forth separately by type of audit;”

added “(d) Definitions

added “(1) The terms “incurred cost audit” and “qualified incurred cost submission” have the meaning given those terms in section 2313b of this title.

added “(2) The term “sustained questioned costs” means questioned costs that were recovered by the Federal Government as a result of contract negotiations related to such questioned costs.”

added “2442. Sustainment factors in weapon system design

added “(a) In general—The Secretary of Defense shall ensure that the defense acquisition system gives ample emphasis to sustainment factors, particularly those factors that are affected principally by the design of a weapon system, in the development of a weapon system.

added “(b) Requirements process—The Secretary shall ensure that reliability and maintainability are included in the performance attributes of the key performance parameter on sustainment during the development of capabilities requirements.

added “(c) Solicitation and award of contracts

added “(1) Requirement—The program manager of a weapon system shall include in the solicitation for and terms of a covered contract for the weapon system clearly defined and measurable requirements for engineering activities and design specifications for reliability and maintainability.

added “(2) Exception—If the program manager determines that engineering activities and design specifications for reliability or maintainability should not be a requirement in a covered contract, the program manager shall document in writing the justification for the decision.

added “(3) Source selection criteria—The Secretary shall ensure that sustainment factors, including reliability and maintainability, are given ample emphasis in the process for source selection. The Secretary shall encourage the use of objective reliability and maintainability criteria in the evaluation of competitive proposals.

added “(d) Contract performance

added “(1) In general—The Secretary shall ensure that the Department of Defense uses best practices for responding to the positive or negative performance of a contractor in meeting the sustainment requirements of a covered contract for a weapon system. The Secretary shall encourage the use of incentive fees authorized in paragraph (2) in all covered contracts for weapons systems. The Secretary shall take the necessary actions to enable program offices to execute the recovery options required for each covered contract under paragraph (3).

added “(2) Authority for incentive fees—The Secretary of Defense is authorized to pay an incentive fee to a contractor that exceeds the design specification requirements for reliability or maintainability for a covered contract. In exercising the authority provided in this paragraph, the Secretary may provide in the terms of the contract for the payment of an incentive fee to a contractor not later than the date of acceptance of the last item under the contract.

added “(3) Recovery options

added “(A) Any covered contract for a weapon system shall include terms for amounts to be paid by the contractor to the Government for failure to meet the design specification requirements for reliability and maintainability of the contract by the date of acceptance of the last item under the contract. Terms for such amounts shall be included in the solicitation for the contract. Such terms shall include provisions providing that—

added “(i) the contractor, at no or minimal cost to the Government as determined by the Secretary and included in the contract, identifies the cause of the failure in the system design, develops an engineering change, and, in the case of a production contract, modifies all end items to be delivered or already delivered under the contract; or

added “(ii) the contractor provides the Government—

added “(I) a refund in the amount required to identify the cause of the failure in the system design, develop an engineering change, and modify all end items delivered under the contract; and

added “(II) associated technical data required to make the necessary modifications.

added “(B) The Secretary may waive the requirement in subparagraph (A) with respect to a covered contract if the Secretary determines that such requirement is not in the national security interests of the United States.

added “(4) Measurement of reliability and maintainability—In carrying out paragraphs (2) and (3), the program manager shall base determinations of a contractor’s performance on reliability and maintainability data collected during developmental testing and operational testing.

added “(e) Covered contract defined—In this section, the term “covered contract”, with respect to a weapon system, means a contract—

added “(1) for the engineering and manufacturing development of a weapon system; or

added “(2) for the production of a weapon system.”

added “2439. Negotiation of price for technical data before development or production of major weapon systems

added “The Secretary of Defense shall ensure that the Department of Defense, before selecting a contractor for the engineering and manufacturing development of a major weapon system, or for the production of a major weapon system, negotiates a price for technical data to be delivered under a contract for such development or production.”

added “(O) appropriate actions have been taken to negotiate and enter into a contract or contract options for the technical data required to support the program; and”

added “(f) Preference for specially negotiated licenses—The Secretary of Defense shall, to the maximum extent practicable, negotiate and enter into a contract with a contractor for a specially negotiated license for technical data to support the product support strategy of a major weapon system or subsystem of a major weapon system. In performing the assessment and developing the corresponding strategy required under subsection (e) for such a system or subsystem, a program manager shall consider the use of specially negotiated licenses to acquire customized technical data appropriate for the particular elements of the product support strategy.”

added “2322. Management of intellectual property matters within the Department of Defense

added “(a) Office and director of intellectual property

added “(1) There is an Office of Intellectual Property within the Office of the Under Secretary of Defense for Acquisition and Sustainment.

added “(2) The Office shall be headed by a Director of Intellectual Property, who shall have the qualifications described in paragraph (3). The Director is responsible in the Department of Defense to the Under Secretary of Defense for Acquisition and Sustainment for policy and oversight of the acquisition and licensing of intellectual property within the Department of Defense. The Director shall report directly to the Under Secretary.

added “(3) In order to qualify to be assigned to the position of Director, an individual shall—

added “(A) have management expertise in, and professional experience with, intellectual property matters, including an understanding of intellectual property law, regulations, and policies, especially with respect to regulations and policies of the Federal Government and the Department of Defense for acquiring or licensing intellectual property, and best practices for negotiating and executing business arrangements with industry for the acquisition or licensing of intellectual property;

added “(B) have an understanding of Department of Defense weapon system acquisition; and

added “(C) have an understanding of the commercial marketplace; commercial industry operations, including supply chain operations; business strategies; and private investment in research and development.

added “(4) The Secretary of Defense shall designate the position of Director as a critical acquisition position under section 1733(b)(1)(C) of this title.

added “(b) Duties

added “(1) The Director of Intellectual Property (in this section referred to as the “Director”) shall oversee and coordinate efforts throughout the Department of Defense to acquire or license intellectual property within the Department of Defense. The duties under this paragraph shall include the duties specified in paragraphs (2) through (8).

added “(2) The Director shall develop and recommend any policy guidance on the acquisition or licensing of intellectual property to be issued by the Secretary of Defense.

added “(3) The Director shall provide oversight and coordination of the efforts within the Department of Defense to acquire or license intellectual property—

added “(A) to ensure that program managers are aware of the rights afforded the Federal Government and contractors in intellectual property and that program managers fully consider and use all available techniques and best practices for acquiring or licensing intellectual property early in the acquisition process;

added “(B) to enable consistency across the military departments and the Department of Defense in strategies for obtaining intellectual property and communicating with industry; and

added “(C) to raise awareness within the acquisition, science and technology, and logistics communities within the Department of intellectual property issues.

added “(4) The Director shall assist program managers in developing customized intellectual property strategies for each weapon system based on, at a minimum, the unique characteristics of the weapon system and its components, the product support strategy for the weapon system, the organic industrial base strategy of the military department concerned, and the commercial market.

added “(5) The Director shall develop resources, including guidelines on intellectual property matters and, as appropriate, templates for specially negotiated licenses, and make them available to the acquisition workforce.

added “(6) The Director shall establish, maintain, supervise, and assign to program offices the cadre of intellectual property experts established under subsection (c).

added “(7) The Director, in coordination with the Defense Acquisition University and in consultation with industry, shall—

added “(A) develop a career path, including development opportunities, talent management programs, and training, for the cadre of intellectual property experts established under subsection (c); and

added “(B) develop, update, and coordinate intellectual property training provided to the acquisition workforce.

added “(8) The Director shall foster communications with industry and serve as a central point of contact within the Department of Defense for communications with contractors on intellectual property matters. The Director may interact directly with industry, trade associations, other Government agencies, academic research and educational institutions, and scientific organizations engaged in intellectual property matters.

added “(c) Cadre of intellectual property experts

added “(1) The Director shall establish within the Office of Intellectual Property a cadre of personnel who are experts in intellectual property matters. The purpose of the cadre is to ensure a consistent, strategic, and highly knowledgeable approach to acquiring or licensing intellectual property by providing expert advice, assistance, and resources to the acquisition workforce on intellectual property matters, including acquiring or licensing intellectual property.

added “(2) The cadre of experts shall be assigned to a weapons system program office or an acquisition command within a military department to advise, assist, and provide resources to a program manager or program executive officer on intellectual property matters at various stages of the life cycle of a weapon system. In performing such duties, the experts shall—

added “(A) interpret and provide counsel on laws, regulations, and policies relating to intellectual property;

added “(B) advise and assist in the development of an acquisition strategy, product support strategy, and intellectual property strategy for a weapon system;

added “(C) conduct or assist with financial analysis and valuation of intellectual property;

added “(D) assist in the drafting of a contract solicitation or contract;

added “(E) interact with or assist in interactions with contractors, including communications and negotiations with contractors on contract solicitations and contract awards; and

added “(F) conduct or assist with mediation if technical data delivered pursuant to a contract is incomplete or does not comply with the terms of the contract.

added “(3)

added “(A) In order to achieve the purpose set forth in paragraph (1), the Director shall ensure the cadre has the appropriate number of staff and such staff possesses the necessary skills, knowledge, and experience to carry out the duties under paragraph (2), including in relevant areas of law, contracting, acquisition, logistics, engineering, financial analysis, and valuation. The Director may use existing authorities to staff the cadre, including those in subparagraphs (B), (C), (D), and (F).

added “(B) Civilian personnel from within the Office of the Secretary of Defense, Joint Staff, military departments, Defense Agencies, and combatant commands may be assigned to serve as members of the cadre, upon request of the Director.

added “(C) The Director may use the authorities for highly qualified experts under section 9903 of title 5, to hire experts as members of the cadre who are skilled professionals in intellectual property and related matters.

added “(D) The Director may enter into a contract with a private-sector entity for specialized expertise to support the cadre. Such entity may be considered a covered Government support contractor, as defined in section 2320 of this title.

added “(E) In establishing the cadre, the Director shall give preference to civilian employees of the Department of Defense, rather than members of the armed forces, to maintain continuity in the cadre.

added “(F) The Director is authorized to use funding from the Defense Acquisition Workforce Development Fund for the purpose of recruitment, training, and retention of the cadre, including paying salaries of newly hired members of the cadre for up to three years.

added “(G) Members of the cadre shall report to the Director.”

added “(J) The Director of the Office of Intellectual Property assigned pursuant to section 2322(a) of this title.”

added “(12) Intellectual property.”

added “2329. Procurement of services: data analysis and requirements validation

added “(a) In general—The Secretary of Defense shall ensure that—

added “(1) appropriate and sufficiently detailed data are collected and analyzed to support the validation of requirements for services contracts and inform the planning, programming, budgeting, and execution process of the Department of Defense;

added “(2) requirements for services contracts are evaluated appropriately and in a timely manner to inform decisions regarding the procurement of services; and

added “(3) decisions regarding the procurement of services consider available resources and total force management policies and procedures.

added “(b) Specification of amounts requested in budget—Effective October 1, 2022, the Secretary of Defense shall annually submit to Congress information on services contracts that clearly and separately identifies the amount requested for each category of services to be procured for each Defense Agency, Department of Defense Field Activity, command, or military installation. Such information shall—

added “(1) be submitted at or about the time of the budget submission by the President under section 1105(a) of title 31;

added “(2) cover the fiscal year covered by such budget submission by the President;

added “(3) be consistent with total amounts of estimated expenditures and proposed appropriations necessary to support the programs, projects, and activities of the Department of Defense included in such budget submission by the President for that fiscal year; and

added “(4) be organized using a common enterprise data structure developed under section 2222 of this title.

added “(c) Data analysis

added “(1) Each Secretary of a military department shall regularly analyze past spending patterns and anticipated future requirements with respect to the procurement of services within such military department.

added “(2)

added “(A) The Secretary of Defense shall regularly analyze past spending patterns and anticipated future requirements with respect to the procurement of services—

added “(i) within each Defense Agency and Department of Defense Field Activity; and

added “(ii) across military departments, Defense Agencies, and Department of Defense Field Activities.

added “(B) The Secretaries of the military departments shall make data on services contracts available to the Secretary of Defense for purposes of conducting the analysis required under subparagraph (A).

added “(3) The analyses conducted under this subsection shall—

added “(A) identify contracts for similar services that are procured for three or more consecutive years at each Defense Agency, Department of Defense Field Activity, command, or military installation;

added “(B) evaluate patterns in the procurement of services, to the extent practicable, at each Defense Agency, Department of Defense Field Activity, command, or military installation and by category of services procured;

added “(C) be used to validate requirements for services contracts entered into after the date of the enactment of this subsection; and

added “(D) be used to inform decisions on the award of and funding for such services contracts.

added “(d) Requirements evaluation—Each Services Requirements Review Board shall evaluate each requirement for a services contract, taking into consideration total force management policies and procedures, available resources, the analyses conducted under subsection (c), and contracting efficacy and efficiency. An evaluation of a services contract for compliance with contracting policies and procedures may not be considered to be an evaluation of a requirement for such services contract.

added “(e) Timely planning to avoid bridge contracts

added “(1) Effective October 1, 2018, the Secretary of Defense shall ensure that a requirements owner shall, to the extent practicable, plan appropriately before the date of need of a service at a Defense Agency, Department of Defense Field Activity, command, or military installation to avoid the use of a bridge contract to provide for continuation of a service to be performed through a services contract. Such planning shall include allowing time for a requirement to be validated, a services contract to be entered into, and funding for the services contract to be secured.

added “(2)

added “(A) Upon the first use, due to inadequate planning (as determined by the Secretary of Defense), of a bridge contract to provide for continuation of a service to be performed through a services contract, the requirements owner, along with the contracting officer or a designee of the contracting officer for the contract, shall—

added “(i) for a services contract in an amount less than $10,000,000, provide an update on the status of the bridge contract (including the rationale for using the bridge contract) to the commander or the senior civilian official of the Defense Agency concerned, Department of Defense Field Activity concerned, command concerned, or military installation concerned, as applicable; or

added “(ii) for a services contract in an amount equal to or greater than $10,000,000, provide an update on the status of the bridge contract (including the rationale for using the bridge contract) to the service acquisition executive for the military department concerned, the head of the Defense Agency concerned, the combatant commander concerned, or the Under Secretary of Defense for Acquisition and Sustainment, as applicable.

added “(B) Upon the second use, due to inadequate planning (as determined by the Secretary of Defense), of a bridge contract to provide for continuation of a service to be performed through a services contract in an amount less than $10,000,000, the commander or senior civilian official referred to in subparagraph (A)(i) shall provide notification of such second use to the Vice Chief of Staff of the armed force concerned and the service acquisition executive of the military department concerned, the head of the Defense Agency concerned, the combatant commander concerned, or the Under Secretary of Defense for Acquisition and Sustainment, as applicable.

added “(f) Exception—Except with respect to the analyses required under subsection (c), this section shall not apply to—

added “(1) services contracts in support of contingency operations, humanitarian assistance, disaster relief, or national security emergencies; or

added “(2) services contracts entered into pursuant to an international agreement.

added “(g) Definitions—In this section:

added “(1) The term “bridge contact” means—

added “(A) an extension to an existing contract beyond the period of performance to avoid a lapse in service caused by a delay in awarding a subsequent contract; or

added “(B) a new short-term contract awarded on a sole-source basis to avoid a lapse in service caused by a delay in awarding a subsequent contract.

added “(2) The term “requirements owner” means a member of the armed forces (other than the Coast Guard) or a civilian employee of the Department of Defense responsible for a requirement for a service to be performed through a services contract.

added “(3) The term “Services Requirements Review Board” has the meaning given in Department of Defense Instruction 5000.74, titled “Defense Acquisition of Services” and dated January 5, 2016, or a successor instruction.”